08-07-12 Regular City Commission MinutesAUGUST 7, 2012
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers
at City Hall at 6:00 p.m., Tuesday, August 7, 2012.
1. Roll call showed:
Present- Commissioner Thomas F. Carney, Jr.
Commissioner Alson Jacquet
Commissioner Adam Frankel
Commissioner Angeleta E. Gray
Mayor Nelson S. McDuffie
Absent - None
Also present were - Doug Smith, Acting City Manager
Brian Shutt, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Reverend Michael McClure with
West Park Baptist Church.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mayor McDuffie requested that Item 8.B., Sixth Amendment to the
Declaration of Reserved Rights and Agreement Not to Encumber N.E. 7th Avenue
related to the Atlantic Plaza Proiect of the Consent Agenda be moved to the Regular
Agenda as Item 9.11.1.
Mr. Frankel moved to approve the Agenda as amended, seconded by Mrs..
Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel —
Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed
with a 5 to 0 vote.
5. APPROVAL OF MINUTES:
Mr. Frankel moved to approve the Minutes of the Workshop Meeting of
June 28, 2012, seconded by Mrs. Gray. Upon roll call the Commission voted as follows:
Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr.
Jacquet — Yes. Said motion passed with a 5 to 0 vote.
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Mrs. Gray moved to approve the Minutes of the Workshop Meeting of
July 10, 2012, seconded by Mr. Frankel. Upon roll call the Commission voted as
follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet ----
Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote.
Mrs. Gray moved to approve the Minutes of the Regular Meeting of July
17, 2012, seconded by Mr. Frankel. Upon roll call the Commission voted as follows:
Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs.
Gray — Yes. Said motion passed with a 5 to 0 vote.
Mr. Frankel moved to approve the Minutes of the Special Meeting of July
20, 2012, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows:
Mrs. Gray — Yes; Mr. Jacquet — Yes; Mr. Frankel -- Yes; Mrs. Gray — Yes; Mayor
McDuffie — Yes. Said motion passed with a 5 to 0 vote.
Mrs. Gray moved to approve the Minutes of the Workshop Meeting of
July 31, 2012, seconded by Mr. Jacquet. Upon roll call the Commission voted as
follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie —
Yes; Mr. Carney — Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
6.A. Reco6nizing and commending Sergeant John Evans
Mayor McDuffie read and presented a proclamation hereby recognizing
and commending Sergeant John Evans. Sergeant John Evans came forward to accept the
proclamation and gave a few brief comments.
6.B. Recognizing and commending Tavarius "TJ" Jackson
Mayor McDuffie read and presented a proclamation hereby recognizing
and commending Tavarius "TJ" Jackson. Tavarius "TJ" Jackson came forward to accept
the proclamation and gave a few brief comments.
6.C. Florida Water Professionals Week — August 13 -17, 2012
Mayor McDuffie read and presented a proclamation to the City hereby
proclaiming the week of August 13 -17, 2012 as Florida Water Professionals Week.
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7. PRESENTATIONS:
7.A. S.P.I.R.I.T. (Service, Performance, Integrity, Responsibilit'v,
Innovation, Teamwork) Committee Ouarterly Awards Presentation
Jennifer Buce, S.P.I.R.I.T. Co- Chair, stated the City of Delray Beach
S.P.I.R.I.T. Program recognizes employees for their exemplary actions in the following
cities beliefs by providing exceptional service through performance by acting with
integrity, being responsible, taking innovative action and practicing teamwork. Ms. Buce
stated any city employee may be nominated provided that he or she has demonstrated an
incident outside the normal scope of work. Ms. Buce introduced the following three
S.P.I.R.I.T. Quarterly Award winner recipients:
• Barbara Brennan, Police Department
• Danny Oliveras, Parks Department
• Officer Johnathan Erickson, Police Department
7.11. Recognizing and commending Delray Beach Marketing Cooperative
for their excellent work and contributions on the "Most Fun Small Town in
America" Award
Mayor McDuffie stated the Delray Beach Marketing Cooperative
(DBMC) recently worked on something for the City and through their efforts got the City
named as the Rand McNally USA Today Travel Channel "Most Fun Small Town in
America ". Mayor McDuffie recognized and commended Sarah Martin for receiving the
"Most Fun Small Town in America" award. Sarah Martin, Executive Director of the
DBMC came forward to accept the award and gave a few brief comments. Ms. Martin
thanked Stephanie Immelman who spearheaded the entire project and over the last year
she has generated over $1 million visibility for Delray Beach.
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. FINAL SUBDIVISION PLAT APPROVAL/VILLA SOBRE DEL
MAR PLAT: Approve a proposed residential development containing five (5)
townhouse lots and two (2) single - family lots being platted as Villas Sobre Del Mar
located on the south side of S.E. 5th Street at its intersection with S.E. 7th Avenue lying
west of the Intracoastal Waterway.
8.11. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.11.1.
8.C. RIGHT OF WAY DEED ACCEPTANCE /231 S.E. 3RD AVENUE:
Accept a right -of -way deed for the dedication of 2' feet of alley right-of-way associated
with improvements to the property located at 231 S.E. 3rd Avenue.
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8.D. APPROVE AN EASEMENT AGREEMENT WITH FLORIDA
POWER & LIGHT (FPL) FOR LIFT STATION 10OA: Approve an easement
agreement between the City and Florida Power & Light (FPL) required for the placement
of a new switchgear cabinet and transformer to serve the Lift Station 100A Upgrade
Proj ect at Veterans Park.
8.E. ACCEPTANCE OF A DRAINAGE EASEMENT DEED /SW
DELRAY ONE, LLC /SAXENA WHITE LAW OFFICE: Approve and accept a 100
square foot Drainage Easement Deed from SW Delray One, LLC., for Saxena White Law
Office located at 111 S.E. i st Avenue.
8.F. ACCEPTANCE OF A SANITARY SEWER EASEMENT
DEED/HARBOURS EDGE: Accept a sanitary sewer easement deed with Lifespace
Communities Inc. for installation of a sewer main at Harbours Edge, located at 401 East
Linton Boulevard.
8.G. HOLD HARMLESS AGREEMENT /290 EAST ATLANTIC,
LLC.: Approve a Hold Harmless Agreement with 290 East Atlantic, LLC. for
installation of a dumpster and enclosure in a public utility easement for Rack's
Restaurant located at 5 S.E. 2nd Avenue.
B.H. LANDSCAPE MAINTENANCE AND HOLD HARMLESS
AGREEMENT: HARBOR PLAZA: Approve a landscape maintenance and hold
harmless agreement associated with the Harbor Plaza project located at 1725 South
Federal Highway.
8_I. GRANT APPLICATION /SOUTH FLORIDA WATER
MANAGEMENT DISTRICT ( SFWMD): WATER SAVINGS INCENTIVE
PROGRAM (WSIP): Provide authorization for submission of a grant application for a
Water Savings Incentive Program (WSIP) grant from the South Florida Water
Management District ( SFWMD) in the amount of $50,000.00 for purchase and
installation of automatic flushing devices.
8_J. GRANT APPLICATION /ALTERNATIVE WATER SUPPLY
GRANTISOUTH FLORIDA WATER MANAGEMENT DISTRICT
( SFWMD): Provide authorization for submission of a grant application for a SFWMD
Alternative Water Supply grant to provide supplemental funding for construction of
Phase 1 of the Area 12A reclaimed water expansion project on the barrier island south of
Atlantic Avenue.
8.K. INTERLOCAL AGREEMENT /SCHOOL BOARD OF PALM
BEACH COUNTY: Approve an Interlocal Agreement with the School Board of Palm
Beach County to share student information to further the goal to increase 3rd grade
reading proficiency by 50% for low - income students attending schools located within the
City's geographic boundaries.
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8.L. MEMORANDUM OF AGREEMENT /CHILDREN'S SERVICES
COUNCIL OF PALM BEACH COUNTY: Approve a Memorandum of Agreement
with Children's Services Council of Palm Beach County to share student information to
further the goal to increase 3rd grade reading proficiency by 50% for low- income
students attending schools located within the City's geographic boundaries.
8AL HOUSING REHABILITATION GRANT /CONTRACT
AWARD: Award one (1) Housing Rehabilitation contract through the Neighborhood
Stabilization Program (NSP) to the lowest responsive bidder, All Phase Roofing &
Construction, for 135 S.W. 6th Avenue in the amount of $17,231.55. Funding is available
from 118 - 1935 - 554 -62.12 (Neighborhood Services: Capital Outlay /Acquisition
Rehabilitation).
8.N. HOUSING REHABILITATION GRANT /CONTRACT
AWARD: Award one (1) Housing Rehabilitation contract through the Community
Development Block Grant (CDBG) to the lowest responsive bidder, Abisset Corporation,
for 102 S.W. 8th Street in the amount of $30,440.57. Funding is available from 118-
1963- 554 -49.19 (Neighborhood Services: Other Current Charges /Housing
Rehabilitation).
8.0. HOUSING REHABILITATION GRANT /CONTRACT AWARD:
Award one (1) Housing Rehabilitation contract through the Community Development
Block Grant (CDBG) to the lowest responsive bidder, South Florida Construction
Services, Inc., for 238 N.W. 14th Avenue in the amount of $35,630.41. Funding is
available from 118- 1963 - 554.49.19 (Neighborhood Services: Other Current
Charges /Housing Rehabilitation).
8.P. COMMUNITY DEVELOPMENT BLOCK GRANT / AMENDMENT
TO FY 2010 -2011 CONSOLIDATED ANNUAL ACTION PLAN: Approve an
amendment to the FY2010 -2011 Annual Action Plan to reallocate $307,244.00 in
funding to Demolition, Economic Development and Housing Rehabilitation activities
within the Community Development Block Grant (CDBG) target area.
80. STATE HOMELAND SECURITY GRANT AGREEMENT: Approve
an Agreement with the Florida Department of Financial Services in the amount
$24,762.00 to accept the 2011 Domestic Preparedness Grant from the State Homeland
Security Grant Program to sustain equipment and training for hazardous materials
incidents and incidents involving weapons of mass destruction.
8.R. RESCIND AGREEMENT PIGGYBACKED ON OAKLAND PARK
WITH O'BRIEN RESPONSE MANAGEMENT, INC.: Approval to rescind an
agreement with O'Brien's Response Management piggybacked on an Oakland Park
agreement for debris monitoring services.
8.S. AGREEMENT /O'BRIEN RESPONSE MANAGEMENT, INC.:
Approval of an agreement with O'Brien's Response Management for debris monitoring
services, piggy backing the City of Plantation's agreement.
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B.T. RESCIND THE REQUEST FOR PROPOSAL (RFP) AND
REISSUE: ON -SITE HEALTH AND WELLNESS CENTER: Rescind the original
Request for Proposal (RFP) and authorize staff to issue a revised RFP for services related
to the On -Site Health and Wellness Center.
8.U. RESOLUTION NO. 36 -12 /GREEN IMPLEMENTATION
ADVANCEMENT BOARD: Approve Resolution No. 36 -12 to amend Resolution No.
32 -09 and Resolution No. 15 -10 to reduce the number of board members on the Green
Implementation Advancement Board.
The caption of Resolution No. 36 -12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
RESOLUTIONS 24-09,32-09, AND 15 -10 REGARDING
THE GREEN IMPLEMENTATION ADVANCEMENT
BOARD IN ORDER TO ELIMINATE TWO BOARD
MEMBER POSITIONS; PROVIDING AN EFFECTIVE
DATE.
(The official copy of Resolution No. 36 -12 is on file in the City Clerk's
office.)
B.V. RESOLUTION NO. 37 -12: Approve Resolution No. 37 -12 supporting
Palm Beach County's continued allocation of $12.50 funds from traffic violations to
municipalities to cover municipal radio system expenses.
office.)
The caption of Resolution No. 37 -12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, STRONGLY
SUPPORTING THE COUNTY'S CONTINUED
ALLOCATION OF THE $12.50 FUNDS TO THE
MUNICIPALITIES PURSUANT TO COUNTY
RESOLUTION NO. R- 2002 -0192, WHICH SERVES TO
ENHANCE THE COUNTY'S INTERGOVERNMENTAL
COMMUNICATIONS PLAN; AND STRONGLY
SUPPORTING THE COUNTY'S DISBURSEMENT OF
THE $12.50 FUNDS TO COVER EXPENSES FOR ALL
MUNICIPALITIES THAT HAVE RADIO SYSTEMS
THAT ARE FUNCTIONALLY INTEROPERABLE
WITH THE COUNTY'S RADIO SYSTEM; PROVIDING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
(The official copy of Resolution No. 37 -12 is on file in the City Clerk's
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8.W. CONSENT TO ASSIGNMENT: OLD SCHOOL SQUARE,
INC./DELRAY BEACH CENTER FOR THE ARTS, INC.: Approve consents to
assignment for the lease and management agreements between the City and Old School
Square, Inc. to reflect the name change to Delray Beach Center for the Arts, Inc.
8.X. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period July 17, 2012 through August 3, 2012.
8.Y. AWARD OF BIDS AND CONTRACTS:
1. Bid award to DAC Air Conditioning Corporation in the amount of
$233,194.00 for the Police Department Shooting Range
Ventilation Improvements. Funding is available from 334 -2111-
521 -64.90 (General Construction Fund: Machinery & Equipment;
Other Machinery & Equipment).
2. Purchase award from the Florida Sheriffs Association contract to
Alan Jay Ford in the amount of $136,507.00 for one (1)
replacement Water /Sewer Network Truck with TV Location
equipment. Funding is available 501 - 3312 -591 -64.25 (Garage
Fund: Machinery /Equipment/Heavy Equipment).
3. Purchase award to Ag- Tronix in the amount of $49,890.29 for
twelve (12) Irrinet M Station Computerized Irrigation Systems and
two (2) ICC Computer System Laptops for Parks & Recreation.
Funding is available from 119- 4151 - 572 -64.90 (Beautification
Trust Fund: Machinery/Equipment/Other Machinery /Equipment).
4. Purchase award to Municipal Equipment Company, LLC in the
amount of $33,130.50 for fifteen (15) sets of replacement
Firefighter Personnel Protective Equipment (Bunker Gear).
Funding is available from 001 - 2313 -522 -52.18 and 001- 2315 -526-
52.18 (General Fund: Operating Supplies /Bunker Gear).
Mr. Frankel moved to approve the Consent Agenda as amended, seconded
by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs.
Gray -- Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes. Said motion
passed with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A. WAIVER REQUESTS/ 21 DROPS OFFICE BUILDING: Consider
approval of requests for waivers to Land Development Regulations (LDR) Section
4.6.9(D)(4)(d), "Standard Isle Width ", which requires a standard aisle width of 24 feet for
normal traffic flow with perpendicular parking, and Land Development Regulations
(LDR) Section 6.1.3(13)(1)(f), "Sidewalks ", which requires an 8 -foot sidewalk along S.E.
3rd Street for 21 Drops Office Building located at 290 S.E. 6 h Avenue. (Quasi - Judicial
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Hearing)
Mayor McDuffie read the City of Delray Beach Quasi - Judicial Hearing
rules into the record for this item and all subsequent Quasi - Judicial items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor McDuffie asked the Commission to disclose their ex parte
communications. Mr. Frankel, Mrs. Gray, and Mayor McDuffie stated they had no ex
parte communications to disclose. For the record, Mr. Carney stated he represented 21
Drops in their purchase of the property and his representation ceased at the closing on the
transaction and other than that he has no communication whatsoever. Mr. Jacquet stated
he had no ex parte communications.
Paul Dorling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2012 -162 into the record.
Mr. Dorling stated this is a request for two waivers in association with a
Class III site plan modification for the 21 Drops Office Building project located at the
northwest corner of S.E. 3rd Street and S.E. 6d' Avenue (northbound Federal Highway).
He stated what is being proposed is conversion to office and retail and as part of that site
plan there are two waiver requests: (1) a waiver to LDR Section 4.6.9(13)(4)(d), which
requires a standard aisle width of 24 feet for normal traffic flow with perpendicular
parking, and (2) a waiver to LDR Section 6.1.3(B)(1)(f), which requires an 8 -foot
sidewalk along S.E. 3rd Street. Mr. Dorling stated there is currently back out parking and
what is being proposed is the installation of a 5 -foot sidewalk and some parallel parking
which meets the code.
At its meeting of June 11, 2012, the Site Plan Review and Appearance
Board (SPRAB) recommended approval of both the site plan and the two waivers. Staff
recommends approval of both waivers.
Richard Jones Richard Jones Architecture representiniz the
applicant, stated this is a former auto repair and one of the first auto Chevy dealerships
in Delray Beach (1950). He stated that Rick Caster (Applicant) has decided to take on
this project and reposition this property and do some high tech office space and a
showroom on Federal Highway for the 21 Drops oil line which is an up and coming
aromatherapy product featured on QVC. Jones stated they are dealing with an existing
property in trying to maintain the historical significance of it and as such have some
limitations and the waivers respect that.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the request, to please come forward at this time.
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Jinn Smith, 1225 South Ocean Boulevard, Delray Beach, FL 33483
(speaking as Chairman of Safety as Floridians Expect (SAFE) a bicycle pedestrian
safety group), urged the Commission to deny the applicant's waiver request for reducing
the sidewalk from 8 feet to 5 feet. Mr. Smith suggested to reduce the depth of the
building by one yard and reduce the travel lanes from 11 feet to 10 feet and reduce the
parallel parking in front by one foot; or, eliminates the four (4) new parallel parking
spaces in front of the building. He urged the Commission to require the applicant to
come back with a revised plan and incorporate safer and more bicycle pedestrian
facilities.
Mr. Jones briefly addressed Mr. Smith's comments and design
suggestions. Mr. Jones stated they are very conscious of pedestrian as well as vehicular
movement in the downtown. He stated it is important to note that they are not requesting
to reduce what currently exists but they are actually improving what currently exists. Mr.
Smith noted that this is one of the few remaining properties with back out parking
directly on a right-of-way. Mr. Jones stated with the Federal Highway improvements
they are going to be getter a wider sidewalk eventually. Therefore, Mr. Jones stated to
take a historic building and cut it back by 3 feet and make substantial structural changes
to it to accommodate an extra 3 feet of sidewalk when they are already providing 5 feet
more than existing does not seem like a feasible solution.
Mr. Frankel asked if the pedestrians and bicycle traffic will be okay based
on the waiver request as well as with the Federal Highway improvements coming in the
fixture. Mr. Dorling stated the 5 feet is adequate in this area and as the applicant indicated
the sidewalk does not exist today and the level of traffic three blocks south between the
one -way pairs has never been an issue nor does he believe it will be. Mr. Frankel asked if
the pedestrian traffic would increase with the improvements. Mr. Dorling stated along
Federal Highway north and south it is possible; however, he does not see a significant
increase east to west in this block.
Mr. Jacquet stated he has similar concerns expressed by Commissioner
Frankel. In his opinion, Mr. Jacquet stated when the development comes there will be
more foot traffic. Mr. Jacquet stated with regard to the 5 foot/8 foot sidewalk issue and
being that some work is going to be getting done on Federal Highway could we possibly
get 8 feet when the work is done. Mr. Dorling stated the 8 foot that is being discussed
would be accomplished along Federal Highway so the sidewalk relief is being requested
along P. He stated it cannot be accomplishable in the existing right-of-way. Mr.
Dorling stated it is a good balance because you have a provision of on- street parking
which meets code and you have the ability for pedestrians to walk safely.
Mrs. Gray asked what will happen if there is more construction.
Mr. Carney stated the pediatric center immediately to the west looks like a
5 foot sidewalk. He stated the sidewalk in Mallory Square measures at 5 feet and that
would have a far more dense use and they do not seem to have an increase in traffic there.
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There being no one else from the public who wished to address the
Commission regarding the waiver requests, the public hearing was closed.
Mr. Frankel stated he supports the waiver requests.
Mrs. Gray asked when the Federal Highway Plan will be started and how
far south would those sidewalks be widened. Randal Krejcarek, City Engineer, stated
within the next couple of months the Commission should see the contract for construction
for the start of Federal Highway and the start after that will depend on how quickly the
contracts are executed. Mr. Krej carek stated the sidewalk width is only planned to go 8
feet wide from S.E. 2"d Street to N.E. 2" d Street.
Brief discussion between the Commission and staff continued.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Carney moved to adopt the Board Order as presented, seconded by
Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor
McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion
passed with a 5 to 0 vote.
9.B. WAIVER REQUEST /ATLANTIC PLAZA II PLAT: Consider
approval of a request for a waiver to Land Development Regulations (LDR) Section
2.4.4(E)(5)(a), "Abandonments, Final Plats, Variance ", to extend the time frame
for recording the Atlantic Plaza. II Plat by an additional nine (9) months. (Quasi - Judicial
Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor McDuffie asked the Commission to disclose their ex parte
communications. Mr. Frankel stated he met with the developer Mr. Bill Morris and he
had the gentleman representing the Edwards Group they brought in from Columbus and
had a meeting in general the entire changes that they making to the project. 'Mrs. Gray
stated she met with the same people as stated by Commissioner Frankel. Mayor
McDuffie stated he met with the new contractors from Ohio and also Mr. Morris. Mr.
Carney stated he met with the same people to discuss their new ideas for the development
of the project. Mr. Jacquet stated he met with Mr. Morris and the gentleman from Ohio
that was involved in the project.
Paul Dorling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning project file #2010 -050 into the record.
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Mr. Dorling stated this is a waiver to the timeframe that is necessary to
record an approved plat. The LDRs stipulate that if you approve a plat that it needs to be
recorded within 18 months and this plat was approved by the City Commission on March
1, 2011 and is approaching that deadline as of September 1, 2012. Mr. Dorling stated the
applicant is now redeveloping the site and they would like an extension for 9 months to
that timeframe. He stated given the scale of this project staff feels this is a reasonable
request.
Mike Covelli, President of Covelli Design Associates, Inc., (Urban
Planning and Landscape Architects), stated they are working diligently to go through a
lot of the items that are within the current approval and the purpose of this is to preserve
the existing approvals while they move forward with the revisions to the plan
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the waiver request, toe please come forward at this time.
Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray
Beach and Member of the Alliance), stated this fails the special treatment test that if
they cannot live within the original agreement then they must start over. Dr. Kirson
stated you cannot vary and if they want the 9 month extension that is fine but if they have
to stick with what they had. He stated if they want new designs, etc. they have to start
over otherwise why do we have rules and regulations. Dr. Kirson asked for a statement
that they cannot come back in the future for any reason for an additional extension.
Mr. Dorling stated the section talks about that this would be a grant of
special privilege and believes if a similar circumstance came before the Commission they
would be inclined to support this as well. He reiterated that this is not a special privilege
but is something that would be entertained under similar circumstances with any other
project.
Mr. Jacquet asked if there is anything that we can point to in recent history
that fit the criteria that would be this out of the "special treatment" category. Mr. Dorling
stated he believes under the same circumstances the request would be handled similarly.
Mr. Carney briefly discussed the site plan and expressed concern over the
precedent where someone can come in and make significant changes to a site plan and
not have to go back and get that new site plan certified before they have to get in line to
get their plat done. Mr. Dorling stated it will be very similar and the only thing that will
change is the easements. Mr. Dorling stated this is a boundary plat with easements and it
will not be significantly different.
Mr. Covelli stated they are talking about the plat and the site plan
certification. Mr. Covelli stated the application has been filed for the conditional use
application and they are not looking to circumvent anything. However, Mr. Covelh
stated in this case the boundary of the plat is not changing; the easements within the plat
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will change. Mr. Covelli stated they are looking to preserve the existing approval of the
site plan while they are in the process of doing the amendment to the plat and noted it is
very critical to the process.
Mr. Frankel asked if the granting of this waiver allow the project to be
built under any building codes in the city that have been changed to be made more
stringent or a safer project. Mrs. Butler stated if there have been amendments to the
building code since the application was filed, the construction has not started and they
come back in for a new site plan approval they will have to comply with the new building
codes. Mr. Frankel stated Commissioner Carney has valid points, however, based on the
waiver analysis of LDR Section 2.4.7(B)(5) he is stuck with if another project of similar
nature carne before him he would grant it. Mr. Frankel stated tonight he will support it.
Mrs. Gray expressed concern that if the Commission extended the 90 days
what real affects will that have and if that came back will it be underneath the same codes
that exist today or would it be under the new code.
Mayor McDuffie stated we are changing from a totally approved project to
a plat. He stated this does not skip SPRAB and it was just discussed that any new LDRs
that have come into place since this project went through the first time they would be
required to adhere to.. Mayor McDuffie stated in this particular case in looking at the
things that we take into consideration pursuant to LDR Section 2.4.7(B)(5) he cannot find
a thing that we violate. He stated the Commission has approved extensions on projects
that have expired and supports this.
Mr. Carney stated as a matter of policy he expressed concern over setting
precedent and he understands the importance of this project to the city. Mr. Carney
stated he loves the design and feels this project is going to be great for the City's tax
base. However, Mr. Carney stated he needs to look very carefully at what this plat is
going to look like.
There is. no Board Order for the extension of the timeframe to record the
plat.
Mr. Frankel moved to approve the waiver request for Atlantic Plaza. II
Plat, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor
McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray —
Yes. Said motion passed with a 5 to 0 vote.
9.B.1. SIXTH AMENDMENT TO THE DECLARATION OF RESERVED
RIGHTS AND AGREEMENT NOT TO ENCUMBER N.E. 7TH AVENUE
RELATED TO THE ATLANTIC PLAZA PROJECT: Approve the Sixth
Amendment to the Declaration of Reserved Rights and Agreement not to Encumber N.E.
7th Avenue pertaining to the site plan certification timeframes for Atlantic Plaza II.
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Paul Dorling, A1CP, Director of Planning and Zoning, stated this request
is to extend the timeframe to obtain site plan certification by a period of 270 days. Mr.
Dorling stated a quick summary of time frames regarding N.E. 7a' Avenue is as follows:
(1) provide environmental audit within 180 days of abandonment resolution approval, (2)
obtain SPRAB approved by 12/01/09, (3) obtain the site plan certification within 18
months of SPRAB approval; (4) complete construction of the underground tunnel under
relocated N.E. 7b Avenue within three (3) years of site plan certification (this is the "no
turn back deadline "); substantial completion of the relocated N.E. 7t` Avenue within 2
years of the "no turn back deadline ".
Mr. Carney stated he understands that this is tied to the other site plan and
why they want to preserve the rights; however, this is the sixth amendment and asked if
this is customary and what is the justification.
Mike Covelli stated with regards to the site plan one of the conditions with
site plan approval is to record the plat for certification. Mr. Covelli stated all the other
items for certification have been satisfied with the exception of recording the plat. He
stated they are asking for some time for them to establish these revisions. Mr. Covelli
stated as part of the structure of what is going on they have to preserve the current
approvals.
Mr. Carney asked if there are any of the rights that are being reserved that
by extending this that would be otherwise unavailable today to anyone because of some
change in the Land Development Regulation or policies of the Planning and Zoning
Department. Mr. Dorling stated there have been changes to the LDRs which given the
approval date of this project would not be something that would be seen on a site plan.
For example, Mr. Dorling stated if a landscape plan has changed; if they came in and the
new plan that they are proposing meets those new requirements this old one does not.
Mr. Carney asked if there anything now that one could no longer get regardless of what
their proposal is. Mr. Dorling stated say the parking lot layout that they are proposing
wouldn't be allowed now because a new landscape code would require different things.
He stated those sorts of changes would apply throughout the site plan as currently
approved and are being accommodated with the revision. Mr. Dorling stated he is not
aware of anything other than those sorts of changes that the Commission would consider
substantial.
Mr. Carney inquired why this item was placed on the Consent Agenda.
Mr. Dorling stated because the past five extensions were on the Consent Agenda. Mr.
Carney suggested that when we are going into multiple amendments and when we get to
the point of doing things beyond our usual practice those should be placed on the Regular
Agenda.
Mr. Frankel moved to approve Item 9.13.1. (formerly Item 8.13.),
seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney —
Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes.
Said motion passed with a 5 to 0 vote. '
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At this point, the time being 7:27 p.m., the Commission moved to Item
10, Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. PUBLIC COMMENTS/FY 2013 PROPOSED BUDGET: The City
Commission will hear public comments, if any, regarding the FY 2013 Proposed Budget
at this time.
Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, FL 33483, stated
the fire assessment was a bad idea 2 years ago and a bad idea today. Mr. Smith stated it
is a fee /tax and it will be around forever and will only go up. He stated instead he urged
the Commission to go back and drill down or use Mr. Smith's new budget tool to get to
those non - essential expenses. Mr. Smith urged the Commission to make the pledge to
replenish the City reserve account for all fiends taken from it to balance the 2013 budget
by requesting that all mid -year budget surpluses and 50% of all future construction
property tax revenues be credited to the reserve until the reserve account has been fully
restored.
Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray
Beach and Member of the Alliance), stated the City has $12 million in Enterprise and
Trust Fund and it takes a Commission voted to take funds out of there. Dr. Kirson stated
it involves completing the City's budget, no taxes, and no fire assessments. He stated the
City Commission can find another $1 million and make the effort to save Delray Beach
by keeping the employees that we currently have. Dr. Kirson suggested a 5% pay raise
from the Mayor to the part -time employee; $2.4 plus $1 million is in the Enterprise and
Trust Fund. He feels there is no need for any kind of tax increase.
Yvonne Odom, 3905 Lowson Boulevard, Delray Beach, FL 33445,
thanked the City Manager for his service with the City of Delray Beach.
Secondly, Mrs. Odom stated as a taxpayer of the city because she values
the city and its employees. She stated that is how the city is going to have to balance the
budget is people. Mrs. Odom stated she is in favor of the fire tax and feels the employees
of this city are worth her $7.00. She stated she is willing to maintain the integrity of this
city, the projects, and everything she has done her entire life here.
Christina Morrison, 2809 Florida Boulevard, Delray Beach, FL
33483, thanked the City Commission for their work on the budget. She concurred with
comments expressed by Mr. Smith and stated we do not need a fire tax at this point. Ms.
Morrison stated until there is a major overhaul in some of the city operations these budget
issues and spending what appears to be out -of -line spending in comparison to income are
going to keep coming up. She stated Parks and Recreation is over 14% of the City's
budget; we have 43 parks and we do not know how often they are used because the City
only keeps track of the beach which has $1.8 million visitors last year. She stated
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currently there is four layers of management overseeing the downtown area; CRA, DDA,
and the Delray Beach Marketing Cooperative (DBMC) all of which derive money from
the City and taxpayers to oversee the downtown and asked if we need four different
administration charges looking over the downtown. Ms. Morrison stated this needs to be
revamped so that it is more streamlined. She stated there are parts of the city that are
west of the CRA boundaries and suggested moving the boundaries very slowly to the
west the City can recoup some of the eastern property that is currently CRA. Ms.
Morrison stated pension costs in the fire - rescue department are 40% of the regular
salaries; police 38.6 %. She feels there are several ways to streamline our spending in the
city but this is going to take time.
10.B. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
CONSOLIDATED ANNUAL ACTION PLAN FY 2012 -13: Consider approval of the
CDBG Consolidated Annual Action Plan FY 2012 -13 as required by the United States
Department of Housing & Urban Development (HUD) for utilization of federal grant
funds.
Lula Butler, Director of Community Improvement, stated this item is for
approval of the CDBG Consolidated Annual Action Plan for fiscal year 2012 -13 as
required by the United States Department of Housing & Urban Development (HUD) for
utilization of grant funds. The Act requires that municipalities that receive these funds
comply with 24 CFR Part 91 that governs plans submissions and the Annual Action Plan.
Mrs. Butler stated there is a citizen participation process that is the component of this and
staff advertises the proposed budget as part of the newspaper for a 30 day period. Mrs.
Butler stated staff held a public meeting on May 21, 2012 in conjunction with the
Neighborhood Advisory Council (NAC) on the proposed budget. She stated the NAC
unanimously endorsed the proposed budget as submitted and staff proposes the use of
$413,140 that has been allocated which is a substantial reduction from last year. Mrs.
Butler stated funds are proposed to be 20% for administration $82,628; housing rehab
$268,000; public service $61,971 for a total of $413,140. Staff recommends approval of
the CDBG Consolidate Annual Action Plan for fiscal year 2012 -13.
Mr. Frankel inquired why staff advertises in the Palm Beach Post versus
the Sun - Sentinel.
Mr. Carney stated since the City is receiving a smaller amount how is this
impacting the way staff is trying to run the program. Mrs. Butler stated staff had to
eliminate a position because they cannot afford the positions that they have and have also
spread the salary of a couple of other positions to other programs and noted they had to
streamline their process.
Mr. Frankel moved to approve the CDBG Consolidated Annual Action
Plan 2012 -13 as required by the United States Department of Housing & Urban
Development (HUD) for utilization of federal grant funds, seconded by Mrs. Gray. Upon
roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs.
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Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed with a 5 to 0
vote.
10.C. ORDINANCE NO. 21 -12: Consider a privately- initiated amendment to
the Land Development Regulations (LDR) to create Section 4.5.19, "Linton
Development Overlay District", and amend Section 4.4.9, "General Commercial (GC)
District ", Subsection (G), "Supplemental District Regulations ", to limit the Floor Area
Ratio (FAR) to 0.36 for non - residential uses within the Lintco Development Overlay
District, located at the northwest corner of Linton Boulevard and S.W. 4th Avenue.
The caption of Ordinance No. 21 -12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH
BY ENACTING A NEW SECTION 4.5.19, "LINTCO
DEVELOPMENT OVERLAY DISTRICT", TO CREATE
A NEW OVERLAY DISTRICT; AMENDING SECTION
4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT ",
SUBSECTION (G), "SUPPLEMENTAL DISTRICT
REGULATIONS ", TO RESTRICT THE
NONRESIDENTIAL DEVELOPMENT INTENSITY
WITHIN THE LINTCO DEVELOPMENT OVERLAY
DISTRICT; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 21 -12 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, AICP, Director of Planning and Zoning, stated this is a
privately initiated amendment to the LDRs that will restrict the non - residential
development intensity on properties created within a newly created Lintco Development
Overlay District and amend Section 4.4.9, "General Commercial (GC) District",
Subsection (G), "Supplemental District Regulations ", to limit the Floor Area Ratio (FAR)
to 0.36 for non - residential development within the Lintco Devel71 ment Overlay District,
located at the northwest corner of Linton Boulevard and S.W. 41 Avenue. Mr. Dorling
stated this was a follow -up amendment to a Comprehensive Plan Amendment 2010 -1 and
approved on December 14, 2010. He stated that was a change to the land use designation
to GC and as part of that there was a change to the language in the Comprehensive Plan
which applied this 0.36 maximum intensity. The regular general commercial designation
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in the Comprehensive Plan has maximum FAR of 3.0 and for traffic concurrency issues
this parcel would not have been able to be developed at that intensity therefore the
change was supported with the reduction in that overall FAR.
At its. meeting of June 18, 2012, the Plamung and Zoning Board
recommended approval with a 4 to 0 vote.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 21 -12,
the public hearing was closed.
Mrs. Gray moved to adopt Ordinance No. 21 -12 on Second and FINAL
Reading, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr.
Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet
— Yes. Said motion passed with a 5 to 0 vote.
10.D. ORDINANCE NO. 22 -12: Consider a privately- initiated amendment to
the Land Development Regulations (LDR) to create Section 4.5.20, "Waterford Overlay
District ", and amend Section 4.4.25, "Special Activities District (SAD) ", Subsection (E),
"Supplemental District Regulations ", to limit the non - residential Floor Area Ratio (FAR)
to 1.32 and residential density to 12 units per acre within the Waterford Overlay District,
located south of Linton Boulevard, east of I -95.
office.)
The caption of Ordinance No. 22 -12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH
BY ENACTING A NEW SECTION 4.5.20,
"WATERFORD OVERLAY DISTRICT ", TO CREATE A
NEW OVERLAY DISTRICT; AMENDING SECTION
4.4.25, "SPECIAL ACTIVITIES DISTRICT (SAD) ",
SUBSECTION (E), "SUPPLEMENTAL DISTRICT
REGULATIONS ", TO RESTRICT THE
NONRESIDENTIAL DEVELOPMENT INTENSITY
AND RESIDENTIAL DENSITY WITHIN THE
WATERFORD OVERLAY DISTRICT; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 22 -12 is on file in the City Clerk's
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08/07/12
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, AICP, Director of Planning and Zoning, stated this is similar
to the previous request; however, it involves the Waterford Overlay District which will be
created on this parcel which is immediately behind the Office Depot site. Mr. Dorling
stated this was also part of the Comprehensive Plan Amendment 2010 -1 that was
approved by the City Commission on December 14, 2010. He stated at that time the land
use designation was modified from transitional (TRN) to general commercial (GC) and
there was a similar text amendment in the Comprehensive Plan to limit the intensity from
the 3.0 allowed in other GC areas to 1.32. This amendment also includes an amendment
that restricts the residential development to 12 units to the acre. Mr. Dorling reiterated
that this is the follow -up LDR amendment creating the district and identifying those
language limits.
At its meeting of June 18, 2012, the Planning and Zoning Board
considered this item and recommended approval with a 4 to 0 vote.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 22 -12,
the public hearing was closed.
Mr. Frankel moved to adopt Ordinance No. 22 -12 on Second and FINAL
Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs.
Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel
— Yes. Said motion passed with a 5 to 0 vote.
10.E. ORDINANCE NO. 23 -12: Consider a city - initiated amendment to Land
Development Regulations (LDR) Section 2.4.3(K)(1), "Development Applications ",
Section 2.4.3(x)(3), "Permit Fees ", and Section 6.3.3, "Sidewalk Cafe ", Subsection (A),
"Permit and Fees ", to provide for an increase in certain development application and
permit fees and increasing the permit fee assessed per square foot of approved sidewalk
cafe space.
The caption of Ordinance No. 23 -12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH,
BY AMENDING SECTION 2.4.3, "SUBMISSION
REQUIREMENTS ", SUBSECTION (K), "FEES ",
PARAGRAPH (1), "DEVELOPMENT APPLICATIONS"
AND PARAGRAPH (3), "PERMIT FEES "; AND
SECTION 6.3.3, "SIDEWALK CAFE ", SUBSECTION
18
(A), "PERMIT AND FEES" TO PROVIDE FOR AN
INCREASE IN THE DEVELOPMENT APPLICATION
AND PERMIT FEES; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 23 -12 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, AICP, Director of Planning and Zoning, stated this modifies
three sections of the LDRs and adds two fees under Development Applications which is
the Planning and Zoning application fees; it also modifies the permit fees which is the
Building Department permit fees and modifies the sidewalk cafe permit requirement. He
stated under the development application section there is a proposal for two feet
increases; one a $50.00 increase in the beach overlay review fee and is a result of the
contract the City has with Urban Design Kilday Studios. Mr. Dorling stated there is a
new fee for modifications to approve redevelopment plans. He stated the review process
is a kin to modification of the Comprehensive Plan and we do not have a fee for that. Mr.
Dorling stated there are also some changes to the building department fees. He stated the
building department did go out and did an analysis of adjacent communities including
Boca, Boynton, Palm Beach Gardens, Deerfield Beach, Pompano Beach, West Palm, and
Patin Beach County and they adjusted our fees accordingly and Delray Beach is slightly
above the mid -range of those average fees in other communities. Mr. Dorling stated the
last fee was a request to raise the sidewalk application fee which is now $4.50 per square
foot for sidewalk cafe raising it to $4.75 per square foot.
At its meeting of June 18, 2012, the Planning and Zoning Board
recommended approval with a 4 to 0 vote.
Mayor McDuffie declared the public hearing open.
Christina Morrison, 2809 Florida Boulevard, Delray Beach, FL 33483
(Chairman of the Financial Review Board (FRB, stated they agree with staff on the
local business taxes; with the addition of the new Code Enforcement Officers and
Inspectors the FRB would like the City to take the code violation first offense to the State
max of $250. Ms. Morrison stated there is currently a one -tier charge of an application
plus a per square foot fee and the FRB is asking that the City consider making it a two -
tier fee and that if the sidewalk cafe is on City owned property that the fee be $7.00 per
square foot; if it is on private property that it stay at the $475 no matter where it is within
the city. Ms. Morrison stated the Board concurs with staff's recommendation regarding
the building fees and the plan reviews. She stated they would like to see a fee
implemented for a tech fee so that builders could submit their plans online. Ms. Morrison
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stated the FRB did not want to see an increase in building permits because things are
starting to happen in the city and the Board did not want to negatively impact that role we
are on in any way.
There being no one from the public who wished to address the
Commission regarding Ordinance No. 23 -12, the public hearing was closed.
Mr. Carney asked staff if he has heard from the impacted businesses that
use sidewalk cafes and thoughts on this proposal to increase those fees. Mrs. Butler
stated she had not received any. Mr. Carney suggested having a higher fee to the extent
that sidewalk cafes are on city -owned property versus private property. Mr. Dorling
stated in this case the sidewalk cafes are on public property. Mrs. Butler stated staff
would have to do an analysis to see the percentage that is on private property versus
public property.
Mr. Jacquet echoed comments expressed by Commissioner Carney. Mr.
Jacquet stated this is a great opportunity for us to raise revenue and also to not penalize
those who are not within the CBD (Central Business District) and who want to operate
sidewalk cafes.
After brief discussion, Mrs. Butler stated in approximately 60 -90 staff can
bring back to the Commission.
Mr. Carney moved to adopt Ordinance No. 23 -12 on Second and FINAL
Reading, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows:
Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs.
Gray — Yes. Said motion passed with a 5 to 0 vote.
At this time, the time being 7:55 p.m., the Commission moved to Item 11,
Comments and Inquiries on Non - Agenda Items the City Manager and the
Public.
11.A. City Manager's response to prior public comments and inquiries.
Doug Smith, Acting City Manager had no response to prior public
comments and inquiries.
11.13. From the Public.
11.13.1. Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive
Unit "C ", Delray Beach, FL 33483, read a letter into the record for a friend quoting
Mayor McDuffie in the Sun - Sentinel. Mr. Blum asked if the Commissioners have
provided a written legal opinion that the City can extend the Waste Management contract
without competitive bids.
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08/07/12
Secondly, Mr. Blum requested that in two weeks when the Waste
Management issue comes on board that it be put either away from the Regular Agenda or
an exception is made on the regular agenda so the Commission can hear comments from
the public.
Mr. Blum stated the Solid Waste Authority (SWA) has said that there is
approximately 4 other people /companies that can do the same work and he is strongly in
favor of putting the Waste Management contract out to bid.
11.B.2. Fran Marincola, Beach Property Owners Association (BPOA), stated
the BPOA has had a problem with the pavilion and it has been two years and the BPOA
has run two private fundraisers and they have given the money to the city. Mr. Marincola
stated the project is moving very slow and noted it is in the budget and has been
earmarked. He urged staff to see what can be done to speed up this project.
11.B.3. John Bennett, 137 Seabreeze Avenue, Delray Beach, FL 33483, stated
in the past when there were a lot of hurricanes that would come through they would leave
the barrier islands pack up and leave until it was over. Mr. Bennett stated on one of those
occasions he called the non - emergency Police number and asked have the Police have
opened it up and allow people go back to the barrier island and they did not know.
Secondly, Mr. Bennett asked the Commission how they are going to go
about picking a replacement for the City Manager. He stated a lot of organizations or a
search committ ee made up of various stakeholders and feels that would include citizens,
the business community, and City employees among others. Mr. Bennett commented
about the City Manager's process and encouraged the Commission that whatever route
they go that it has transparency.
11.B.4. Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, FL 33483, asked
the City Manager's office to prepare a 10 -year historical cost analysis and a 10 -year
projection of the tennis center's financial operations including all direct /indirect capital
expenditures and CRA funds. Also, to prepare two 10 -year projections based on the
following: (1) selling the entire tennis center complex for $1.00 based on a restricted use
as a tennis center or (2) selling the tennis center for $1.00 based on a mixed -use
development consistent with adjoining property. Mr. Smith requested any narrative
justification of why the tennis center should continue to be operated in a public sector.
11.B.5. Reeinald Cox, 715 Martin Luther King, Jr. Drive, Delray Beach, FL
33444 Chairman of the West Atlantic Avenue Redevelopment Coalition (WARC),
stated he is responding to a community request from last fall during the hotel
presentations. Mr. Cox stated the relevance of WARC to this community first and
foremost is inclusiveness for the community. He stated at the last joint CRA Workshop
last month he accepted that call from the community and called for a joint community
meeting to take place on September 8, 2012 to review the development plans that we
currently have in place as it relates to the western community. Mr. Cox stated they would
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08/07/12
like to take a look at those plans and make necessary adjustments to today's assumptions
and collect a shared vision from all the stakeholders.
I1.B.6. Andy Katz, 220 South Ocean Boulevard, Delray Beach, FL 33483
representing the Beach Property Owners Association (BPOA), stated not all contracts
have to go out for bids; if they are small enough they may not meet certain criteria. Mr.
Katz stated this is a large contract and in terms of good management and best practices
the BPOA believes that this should be a contract that goes out for bids.
11.B.7. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray
Beach,-FL 33444 (President of the Board of Directors of Tierra Verde at Delray
Beach and Member of the AlIiance), briefly commented about how everything has been
handled with Waste Management.
Mr. Carney commented on concerns expressed by Mr. Marincola about
the beach pavilion. Mr. Carney stated he was pushing for the funds for the pavilion with
the support of the Commission and noted he has been monitoring it. Mr. Carney read
into the record an update from Mr. Hasko regarding the beach pavilion.
At this point, the time being 8:14 p.m., the Commission moved back to
Item 9.C. of the Regular Agenda.
9.C. WAIVER REOUESTS /CHASE BANK: Consider a request for waivers
to Land Development Regulations (LDR) Section 4.6.7 (E)(7), "Design Standards
Matrix ", to allow three (3) flat wall signs to be placed on elevations that are not facing a
dedicated street frontage and Land Development Regulations (LDR) Section 4.6.7(H)(6),
"Nameplates ", to allow more than one nameplate on the building for Chase Bank located
5070 West Atlantic Avenue. (Quasi - Judicial Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor McDuffie asked the Commission to disclose their ex paate
communications. The Commission had no ex parte communications to disclose.
Lula Butler, Director of Community Improvement, stated this is a request
for consideration of the waiver request to the LDRs Section 4.6.7(E)(7) to allow three flat
wall signs to be placed on elevations that do not face a dedicated street and Section
4.6.7(H)(6) to allow more than one name plate on a building for Chase Bank located at
5070 W. Atlantic Avenue. Mrs. Butler stated this business will be located in the Delray
Commons Plaza that was annexed into the city in 1991. The development includes three
out parcels (Burger King, National Riverside Bank, and the Shell Gas Station). On
August 3, 1999, the Commission approved a subdivision plat for the shopping center
which created the Riverside Bank building as a separate parcel. She stated Chase Bank
will now be moving into this existing building. Mrs. Butler stated the proposed sign
package was reviewed by the Site Plan Review and Appearance Board (SPRAB) at their
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regular meeting on July 25, 2012. Mrs. Butler stated the sign package consisted of seven
(7) signs (1 free - standing, 4 flat wall and 2 nameplates) that require permitting; staff has
identified their as A -G for clarity. Mrs. Butler stated signs A, E, and G (flat wall to be
erected on the north elevation; one free standing and name plate signs) are allowed by
code, thus do not require a waiver. Mrs. Butler stated tonight they are talking about signs
B, C, and D (all flat wall signs proposed for the South, East, and West elevations) and the
second name plate that is going to be on the south elevation of the building. She stated
SPRAB voted in support of the waivers for all three flat signs to be erected on the South,
East, and West elevations and including the second name plate to go on the building.
Mrs. Butler stated the code says that waivers under LDR Section 2.4.7(B)(5) requires that
prior to granting a waiver, the granting body shall make a finding that the granting of the
waiver (a) shall not adversely affect the neighboring areas, (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 that the same waiver. Mrs. Butler noted
that a letter justifying Chase Bank's position for the waivers. Staff recommends approval
of the required waiver to LDR Section 4.6.7(E)(7) for a flat wall sign on the East
elevation; however, staff recommends denial of the waiver request for the flat wall sign
proposed for the West elevation. Staff concurs with SPRAB's decision to allow the
waiver to LDR Section 4.6.7(H)(6) allowing a second nameplate on the building as
requested. The flat wall sign proposed for the South elevation should be reduced to the 9
feet allowed by code because it is the rear elevation of the bank building. Mrs. Butler
stated the reason staff supports the east elevation is because the building is unique for a
bank and you can the east elevation going south on Military Trail; on the west elevation
the reason staff recommends denial is because you cannot see that sign unless you are in
the parking lot.
At this point, the Commission took a short break.
Beth Edwards, Siegel Lipman, Dunay, Shepard, & Miskel, LLP, 5355
Town Center Road, Boca Raton, FL 33486 (applicant), stated they are requesting the
waivers that staff described for the Chase Bank going in at 5070 West Atlantic Avenue
located on the southwest corner of Military Trail and Atlantic Avenue. Ms. Edwards
stated the sign that would be permitted incongruous with the City's vision aesthetically.
She stated they would be permitted a sign at 160 square feet and it does not fit on the
existing building. Ms. Edwards stated they are requesting is to allocate their signage 26
square feet to the north, 26 square feet to the south, approximately 37 square feet to the
east, and the same to the west (total of 125 square feet plus or minus 35 square feet less
than what would be permitted by Code on the front elevation. Ms. Edwards stated on the
south elevation they are requesting that the sign be 26 square feet and it is allowed to be 9
square feet due to visibility issues and they are asking that this sign size be increased.
She stated for the east elevation coming in from the east it is very difficult to tell that the
bank is a bank. Ms. Edwards stated this will promote safe and efficient traffic flow and
they believe this is the same for the west elevation and it is difficult due to the tree
coverage to see that monument sign when coming from the west on Atlantic Avenue.
She stated the name plate signs that they are asking for they want to put one on each
entrance so that everyone entering the bank can see that this is the type of branch. Ms.
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Edwards stated with regard to the southeast entrance and a 9 square foot sign would not
be large enough for someone coming from that distance to identify the bank and safely
travel to the bank. She stated with regard to the northeast entrance and they are
requesting the eastern sign. Ms. Edwards stated the signs would be vital to the banks
success and they are needed to easily identify and navigate regardless of which direction
you are coming from. She stated they believe that the signage is consistent with the
surrounding area and there are several establishments in the area that have multiple signs
at about this scale. Ms. Edwards stated they feel the proposed signs are the right scale for
the building and they are reallocating signage that they would be permitted on the north
entrance. Ms. Edwards stated SPRAB recommended approval of all of the waivers and
urged the Commission to approve.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the waiver requests, to please come forward at this time. There
being no one from the public who wished to address the Commission regarding the
waiver requests, the public hearing was closed.
Mrs. Butler stated the City does allow flat wall signs up to 160 square feet
based on the width and the height up to 15 feet of the building. She stated on that
building they could not have gotten a sign that large because it would have been out of
scale. Mrs. Butler stated if the Commission grants the signs on all four sides where there
is not a particular hardship they could be setting a precedent. Staff supports a couple of
the waivers but they do not support the sign on the west elevation.
Mr. Frankel stated he agrees with Mrs. Butler's recommendation to allow
the waivers for those two sections but he concurs with SPRAB's decision about the
denial of the flat wall sign proposed for the west elevation.
Mr. Carney concurs with staff.
Mr. Jacquet stated he agrees with the comments that have been made and
asked why the sign on the west elevation so important and could that really create a
hardship. He stated he understands staff's position and it does not seem as if they really
need that sign on the west side of the building. Ms. Edwards stated the sign on the west
is to provide visibility for those coming from the west. She stated when you are coming
from the west you cannot see because the front building sign is located on the west side
of the building where it makes sense to be located so as not to be blocked by trees. Mr.
Jacquet asked about the language of the ordinance with regard to the signage. Mrs.
Butler stated all the flat wall signs on any elevation are required to face a dedicated street
and it is before the Commission now because it is interior to the parking lot. He inquired
about the south elevation sign. Mrs. Butler stated with regard to the south elevation sign
you are allowed to have a 9 square foot sign on the rear of the building and they are
proposing a 26 square foot sign and staff feels they should be required to reduce that so
they can come into compliance with code and they should not have to have a waiver for
that. Mrs. Butler stated you see the building from the parking lot of the shopping center
that it is located in and it is strictly vehicular traffic. Mrs. Butler stated she believes that
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the sign is adequate for people who get out of their vehicles to walls up to the entrance.
For clarification, Mr. Frankel stated he understands that SPRAB would
have allowed the waiver but he supports staffs recommendation for denial on the west
based on the evidence and facts stated.
Mr. Jacquet stated the Commission spoke briefly about the Advisory
Board's and the Commission taking their opinions and advice. Mr. Jacquet inquired
about SPRAB's discussion. Mrs. Butler stated SPRAB supported all three waivers.
At this point, Chevelle D. Nubin, City Clerk swore in those individuals
who wished to give testimony on this item.
Jennifer Buce, Community Improvement, stated SPRAB had a concern
with the free standing sign that was allowed by Code.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Carney moved to adopt the Board Order as presented (denies the
waiver for the south and west elevations but approves the waivers to the east and the 2
name plates), seconded by Mr. Frankel. Upon roll call the Commission voted as follows:
Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor
McDuffie — Yes. Said motion passed with a 5 to 0 vote.
9.D. CONTRACT CLOSEOUT /SPEARHEAD DEVELOPMENT
GROUP, INC.: Consider approval of a contract closeout with Spearhead Development
Group, Inc. due to failure to fulfill contractual obligations, failure to complete work and
liquidated damages regarding the Community Improvement S.W. Area Sidewalk Phase II
Project.
Randal Krejcarek, City Engineer, stated this is contract that had an
amended completion date of November 2011 and after numerous tries to try and get the
contract to finish the work up staff the work was 95% complete. Mr. Krejcarek stated the
amended completion date was November 2011 and after numerous tries to try and get the
contractor to finish the workup staff and got him to 95% around February and got him to
a place where staff thought was good enough for completion April 2012. Since April
2012, staff has been asking for the close -out documents on this contract and staff has not
received anything from the contractor since April. Mr. Krejcarek stated staff requests to
close -out the contract and it would be an unpaid balance of approximately $28,000.00.
He stated the contract was 100% funded with Community Development Block Grant
money and the money would be going back into that fund.
Mr. Jacquet asked if we are losing any money. Mr. Krejcarek stated the
City is not losing any money.
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Mr. Carney moved to approve the contract closeout with the City of
Delray Beach and Spearhead Development Group, Inc., seconded by Mr. Frankel. Upon
roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs.
Gray — Yes; Mayor McDuffie - Yes; Mr. Carney — Yes. Said motion passed with a 5 to 0
vote.
9.E. RECONSIDERATION FOR A VOTE ON ORDINANCE NO. 19 -12:
Consider a request for reconsideration of Ordinance No. 19 -12.
Mr. Jacquet moved to reconsideration, seconded by Mr. Carney. Upon
roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor
McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0
vote.
Prior to the vote, the following discussion ensued.
Mr. Frankel stated the reason he did not offer a motion or a second is that
he is still concerned about the safety and potential crime of any 24 -hour business
including a hotel right near I -95. He stated he was promised data regarding this and to
this date has not received any but that is not to say that he won't. Mr. Frankel stated
while he is in favor of reconsideration based on the circumstances and conversations if
the Commission was to vote on this tonight based on the issue he would still not be in
favor of it. Mr. Frankel stated he needs accurate data that a 24 -hr business or a hotel
located a block or two from 1 -95 would not provide a direct get -a -way for any potential
perpetrator of crime to leave. Mr. Frankel stated Lyle Sumek stated at hotel in Boynton
Beach right off I -95 and his care was broken into and they stole some items. Mr. Frankel
stated the Commission is critiqued that they do not state their positions and that they are
not available. Mr. Frankel stated he is always out there, willing to talk to somebody, and
is direct.
Mrs. Gray stated everyone knows where she stands on this project and
when the project first went out for the RFP and came back with two respondents there
were some issues. Mrs. Gray stated she will reconsider the vote. She expressed concern
that the City has been making all kinds of concessions and provisions for this project and
she expressed concern over the RFP process when it had gone out and now we are
actually adding another piece of property. Mrs. Gray stated the CRA does not have a
viable project so that concerned her even more so because now this hotel is going out
again by itself. She stated in Pineapple Grove everything else was built around the hotel
first. Mrs. Gray stated she is afraid of what this would be if the City does not develop
anything else around a hotel that would be $100 a night.
Mr. Frankel stated after his discussion with Diane this morning while he
expressed his concerns she felt that at some point that it may come back in front of the
Commission to put in restrictions, etc. Mr. Frankel stated after he spoke to the City
Attorney regarding this and he said potentially based on lower boards that the
Commission would never see it again. He stated if the Commission shares his concerns
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with specific things that need to be put in or anything of the like he would like that to be
addressed in two weeks if the Commission reconsiders this.
Mr. Dorling stated a hotel use is actually a conditional use so it needs the
approval of the Commission and at that time it is appropriate to address all the security
issues.
Mr. Carney stated the City has charged the CRA with certain
redevelopment functions and whether the Commission votes for the project or do not vote
for the project it really needs to be fully understood and discussed and it has to come
back as a conditional use. Mr. Carney stated the Commission will have the opportunity
at that point that if the Commission has security concerns to address it with lighting,
gates, or security guards and impose those as conditions that are manageable by the
developer. Mr. Carney concerns with Commission Gray that there is always going to be
challenges for the first building into an area which is yet redeveloped.
Mr. Jacquet stated he had the opportunity to speak to Vin Nolan of the
CRA, the developer, and some community residents and they shed some light on what is
going on with this project. Mr. Jacquet stated he sheds some of the same concerns his
fellow Commissioners share such as safety and believes the Police Department is very
instrumental in giving the Commission some "heads up" on potential problems and also
letting them know if they think this is an issue that they would not have a problem
dealing with. Mr. Jacquet stated with regard to cars getting broken into that happens
everywhere. He stated there is a problem when you have run down cheap motels near a
major highway but when you look at the City's crime stats regarding car burglaries it
happens in the northeast area of town not necessarily West Atlantic Avenue. Mr. Jacquet
concurred with Commissioner Gray's comment that with Pineapple Grove we do see the
difference in the process. He stated everything else was built and then came the hotel.
Mr. Jacquet stated it would have been good to do the same thing with West Atlantic
Avenue. He stated he would like to see this move forward and feels it is in the right
direction of the Commission doing what they know is best for the entire city.
Mayor McDuffie stated this changes the RFP
Mrs. Gray asked if this changes the RFP and stated she would like to
know all of the incentives that were given. She stated this project has been taking a while
because when the RFP went out they had to have the financing and parking in place and
because those things were not in place it has taken 2 -3 years to get this project to move
forward. Mrs. Gray stated she would like to have all of those things in place in the next
two weeks.
Mr. Jacquet stated whether the Commission decides to approve this or not
he thinks this is a necessary step to move it forward.
9.F. 2012 BEACH RENOURISHMENT FILL EVENT PROJECT:
Provide direction on the upcoming Beach Renourishment Fill Event Project.
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Paul Dorling, AICP, Director of Planning and Zoning, stated staff is
seeking direction on the upcoming Beach Renourishment Fill Event given the current
status of the Federal share of the project. Mr. Dorling stated the plans and specs have
been completed and staff has DEP and Army Corps permits in place. He stated those
permits are good for a ten year period. Mr. Darling stated three bidding companies came
in with bids that were very competitive and close. The winning bid was Great Lakes
Dredge & Dock, LLC with a construction cost of $8,820,110 in November with a drop
dead date start of December lt. Mr. Dorling stated this is a reimbursable project and the
Federal Government pays 56.33% of that and the State pays 50% of the non- Federal
share and the County picks up the other 50% of the non - Federal share. He stated the City
borrows the money and pays the interest fees while the reimbursements are sought and
provided. Mr. Dorling stated in this situation the City has a commitment from the
County for their 50% of the non - Federal share for approximately $2,000,000 and a
commitment from the State for a little of $2,000,000 and that was part of a DEP
agreement that the City Commission considered a couple of weeks ago on June 18, 2012.
He stated the balance of that is $5,188,207 which would be the Federal share and to date
that is not committed. Mr. Dorling stated the City has been historically successful in
adding that through Congressional ads; the ability to do that is now prohibited so staff has
not been successful with getting the Federal share of the money by that method. He
stated in absence of that it needs to be in the President's budget or in the Array Corp's
work program. Mr. Dorling stated there were a few projects that were included in the
President's budget but not this one. He stated from a staff level we have been successful
in getting it into The Army Corp's work program. Mr. Dorling stated staff would like
direction as to whether the City is going to move forward with the project in November
or December.
Rick Spidoni, Contractor with CPE (Coastal Planning and
Engineering), gave a brief presentation and showed slides of the mean high water line
that they do not want to erode past. Mr. Spidoni stated once they start eroding past this
line they run into a situation where they are not providing the storm protection they are
obligated to provide through the City's contract with the US Army Corps of Engineers
signed in 1973. Mr. Spidoni stated this entire beach
Mr. Spidoni stated in the United States there were four (4) potential bidders in the United
States; four (4) of them attended the pre -bid meeting and three (3) of them bid. He stated
the reason for that is the type of equipment they use has to be a large cutter head dredge
Ocean certified. Mr. Spidoni stated with Federal public money being accepted for the
project they cannot use foreign dredges. Mr. Spidoni stated the winning bidder was Great
Lakes Dredge and Dock, LLC. He stated their estimate was $9 million and the bid was
$8.8 million. Mr. Spidoni stated Tropical Storm Debbie has changed the picture
drastically on the west coast of the United States and there are a lot of projects that are
going forward on an emergency basis being funded through the Federal Emergency
Management Agency (FEMA) and potentially through public law 8499 which is relief in
the event of damage to a storm protection project such as the Beach Renourishment.
Mr. Dorling stated he gave the Commission the number as it related to the
interest charge for the $5 million federal piece going forward until reimbursement. He
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stated the City's Treasurer did a projection this morning if the City did not receive the
Federal share how much that would be over the life of the project (ten year period) and
that is estimated at $600,000 a year over the ten year period to pay back the Federal share
if we were not successful in the reimbursement of that piece. Mr. Dorling stated the City
has and LCA (Local Cooperation Agreement) which is a local cooperative agreement
with them that is valid through year 2023 that says that the Federal Government is
committed to providing that if it is appropriated. He stated the City has been successful
under that agreement in getting reimbursements in the past.
Mr. Smith stated staff can look at hiring an issue specific lobbyist to help
push for that funding at the Federal level.
Mrs. Gray stated at a previous meeting she mentioned in this economy
how difficult it is to get dollars from the Federal Govermnent. She supports the City
looking into hiring a lobbyist not only for this project but for other dollars as well.
Mr. Frankel stated he recognizes the importance of doing this and
expressed his personal desire to go forward. However, Mr. Frankel stated based on the
fact that a majority of the City Commission at this current time is looking to make cuts so
as of this date he cannot support going forward spending this kind of money. He stated if
the Commission comes back in two weeks with cuts of $2.8 million and the City has the
money at that point then he would go forward with this but until the majority opinion
changes he will not support.
Mr. Carney stated the beach and the renourishment of it is important to
this community. However, Mr. Carney stated the reality is it is a lot of money and feels
that Commissioner Frankel makes a valid point. He stated he is mindful of how
important it is that we do this but economically this is a very tough time.
Mr. Jacquet stated everyone agrees that the beach is at the heart of what
Delray Beach is and how important the beach. However, he stated we do not know if the
money is going to be there and the City could hire issue specific lobbyist to make sure
that the money is there but it still would not be a 100% that the money would be there.
Mr. Jacquet expressed concern over the City going forward and spending money that we
do not have. He stated the dollars are not there and they do not know if it is going to be
there.
Mr. Dorling stated if the Federal Government came up with the money
two months from now the City may run into some issues because part of the issue is that
he needs to inform Great Lakes Dredge & Dock, LLC whether they are going to be here
in November or not.
Mayor McDufFie stated the City has to already find $2.5 million on top of
this request and feels this is impossible.
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Mr. Dorling stated the City has to award the bid within 90 days and
believes we are at the 60 day mark now so staff would be obligated to give them a
decision within those 30 days.
After brief discussion, it was the consensus of the Commission to not
pursue this at this time with staff and bring back information for the regular meeting of
September 4, 2012.
9.G. PROPOSED FY 2013 BUDGET REVIEW SCHEDULE: Consider a
proposed schedule for the Commission review of the FY 2013 Budget.
Doug Smith, Assistant City Manager, stated this item is to a follow -up
from the August 3, 2012 City Commission meeting regarding an additional Budget
Workshop meeting(s). Mr. Smith stated August 28, 2012 was previously mentioned as a
tentative date for a Budget Workshop meeting. In addition, Mr. Smith stated staff will
plan to have an item on the August 14, 2012 Workshop Agenda for budget discussion.
Mr. Carney asked when the final budget adoption is. Mr. Smith stated the
final budget hearing is scheduled for September 20, 2012 and noted there is the
opportunity after the first budget hearing to have an additional discussion at the
Workshop Meeting in September. Mr. Carney asked when the next official vote is on the
budget. Mr. Smith stated the next official vote on the budget is September 4, 2012 first
budget adoption hearing; the second budget adoption is hearing is September 20, 2012.
Mr. Frankel stated he does not need a full day because they have done this
three times and have cut. Mr. Frankel stated last week at the Budget Workshop meeting
it was a majority opinion that there are substantial cuts and asked if the City Manager's
office has received any recommendations as of last week into this week. Mr. Smith
stated he is not aware of any additional cuts and/or suggestions that they have received.
In his opinion, Mr. Frankel stated if Mr. Carney has gone through the budget line item by
line item and he continues to do so his position is that he wants to make substantial cuts,
then he should not wait until August 28th. Mr. Frankel stated the Commission has cut
approximately $7 million in three years. Mayor McDuffie stated since he has been here
the Commission has cut from $102,000.00 to $91,000.00.
Mr. Carney stated he would like keep August 28th on the schedule but then
he would like to then have an earlier date because there are a number of things that
people have brought to their attention whether or not it is finding cuts or whether or not it
is addressing some of these other funds that are out there that might be used. Mr. Carney
stated the Commission needs to sit down and decide as a Board what our reserves are
going to be.
Mayor McDuffie stated for the Commission to keep in mind that there are
some guidelines that the people that audit the City take a look at and see where our
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reserves are and make recommendations as to where the percentage of the reserves are at.
Mr. Smith stated on August 14th there will be a number of other agenda
items so it will not be just a Budget Workshop meeting. However, Mr. Smith stated staff
can bring back for the Commission's information and to start the discussion some of the
information that is being asked about regarding the reserves and recommended amounts.
Mayor McDuffie stated this is also Election Day.
After discussion, it was the consensus of the City Commission to meet on
August 17, 2012 at 9:00 a.m. 1st Floor Conference Room.
9.H. OFFER OF SETTLEMENT IN PATRICIA MILEY V. CITY OF
DELRAY BEACH: Consider an Offer of Settlement in the total amount of $762,500.00
in Patricia Miley v. City of Delray Beach. Staff recommends denial.
The City Attorney stated the City has received an Offer of Settlement in
the case of Patricia Miley v. City of Delray Beach. Staff recommends denial of the
Offer of Settlement in the amount of $762,500.00.
Mr. Carney moved to deny the Offer of Settlement in Patricia Miley v.
City of Delray Beach, seconded by Mr. Frankel. Upon roll call the Commission voted as
follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet --
Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote.
9„.I. APPOINTMENT TO WORKFORCE ALLIANCE, INC. BOARD OF
DIRECTORS: Appoint an individual to serve as representation from the Delray Beach
private sector to the Workforce Alliance Inc. Board of Directors.
Mayor McDuffie stated the only person who is being considered has
withdrawn his name.
The City Attorney stated there is no action that the Commission needs to
take.
9.L APPOINTMENTS TO THE PLANNING & ZONING BOARD:
Appoint four (4) regular members to serve two (2) year terms ending August 31, 2014 to
the Planning & Zoning Board. Based upon the rotation system, the appointments will be
made by Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3),
Commissioner Gray (Seat #4) and Mayor McDuffie (Seat #5).
Mr. Jacquet moved to appoint Derline Pierre -Louis as a regular member to
the Planning and Zoning Board to serve a two (2) year term ending August 31, 2014,
seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mayor
McDuffie -- Yes; Mr. Carey --- Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray —
Yes. Said motion passed with a 5 to 0 vote.
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Mr. Frankel moved to reappoint Craig Spodak as a regular member to the
Planning and Zoning Board to serve a two (2) year term ending August 31, 2014,
seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Carney —
Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes.
Said motion passed with a 5 to 0 vote.
Mrs. Gray moved to appoint Thuy Shutt as a regular member to the
Planning and Zoning Board to serve a two (2) year term ending August 31, 2014,
seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Jacquet
— Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes.
Said motion passed with a 5 to 0 vote.
Mayor McDuffie stated he wished tore appoint Clifford Durden as a
regular member to the Planning and Zoning Board to serve a two (2) year term ending
August 31, 2014. Mr. Frankel so moved, seconded by Mrs. Gray. Upon roll call the
Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie —
Yes; Mr. Carney — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote.
9.K. APPOINTMENTS TO THE SITE PLAN REVIEW &
APPEARANCE BOARD: Appoint three (3) regular members to serve two (2) year
terms ending August 31, 2014 to the Site Plan Review & Appearance Board. Based upon
the rotation system, the appointments will be made by Mayor McDuffie (Seat #5),
Commissioner Carney (Seat #1) and Commissioner Jacquet (Seat #2).
Mayor McDuffie stated he wished to appoint Jose Aguila as a regular
member to the Site Plan Review and Appearance Board to serve a two (2) year tern
ending August 31, 2014. Mr. Frankel so moved, seconded by Mrs. Gray. Upon roll call
the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney
— Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote.
Mr. Carney moved to reappoint Rusti Kupi as a regular member to the Site
Plan Review and Appearance Board to serve a two (2) year term ending August 31, 2014,
seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor
McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray —
Yes. Said motion passed with a 5 to 0 vote.
Mr. Jacquet moved to appoint Jason Bregman as a regular member to the
Site Plan Review and Appearance Board to serve a two (2) year term ending August 31,
2014, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr.
Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie
— Yes. Said motion passed with a 5 to 0 vote.
9.L. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint
one (1) regular member to serve a two (2) year term ending July 31, 2014 to the Police
Advisory Board. Based on the rotation system, the appointment will be made by
Commissioner Jacquet (Seat #2).
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Mr. Jacquet moved to appoint Samuel Menard as a regular member to the
Police Advisory Board to serve a two (2) year term ending July 31, 2014, seconded by
Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr.
Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said
motion passed with a 5 to 0 vote.
9.M. APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD:
Appoint one (1) regular member to a serve two (2) year term ending July 31, 2014 to the
Public Art Advisory Board. Based on the rotation system, the appointment will be made
by Commissioner Gray (Seat #4).
Mrs. Gray moved to appoint Carolyn Pendelton- Parker as a regular
member to the Public Art Advisory Board to serve a two (2) year term ending July 31,
2014, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr.
Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney --Yes; Mr. Jacquet
— Yes. Said motion passed with a 5 to 0 vote.
9.N. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1)
regular member to serve a two (2) year term ending July 31, 2014 to the Education
Board. Based upon the rotation system, the appointment will be made by Commissioner
Carney (Seat 41).
Mr. Carney moved to appoint Kevin Warner as a regular member to the
Education Board to serve a two (2) year term ending July 31, 2014, seconded by Mr.
Frankel. Upon roll call the Commission voted as follows: Mrs. Gray -- Yes; Mayor
McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion
passed with a 5 to 0 vote.
9.0. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint
one (1) alternate member to an unexpired term ending July 31, 2013 to the Financial
Review Board. Based on the rotation system, the appointment will be made by
Commissioner Gray (Seat #4).
Mrs. Gray moved to appoint Selma Snow as an alternate member to the
Financial Review Board (FRB) to serve an unexpired term ending July 31, 2013,
seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor
McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray —
Yes. Said motion passed with a 5 to 0 vote.
9.P. APPOINTMENTS TO THE AFFORDABLE HOUSING ADVISORY
COMMITTEE: Appoint six (6) regular members to serve two (2) year terms ending
July 31, 2014 to the Affordable Housing Advisory Committee. Based upon the rotation
system, the appointments will be made by Commissioner Carney (Seat #1),
Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3) and Commissioner
Gray (Seat #4), Mayor McDuffie (Seat #5) and Commissioner Carney (Seat #1).
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Mr. Carney moved to reappoint Evelyn Dobson as a regular member to the
Affordable Housing Committee to serve a two (2) year term ending July 31, 2014,
seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Carney
— Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes.
Said motion passed with a 5 to 0 vote.
Mr. Jacquet moved to reappoint Alberta McCarthy as a regular member to
the Affordable Housing Advisory Committee to serve a two (2) year term ending July 31,
2014, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr.
Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie -- Yes; Mr. Carney
— Yes. Said motion passed with a 5 to 0 vote.
Mr. Frankel moved to reappoint Clifford Durden as a regular member to
the Affordable Housing Advisory Committee to serve a two (2) year term ending July 31,
2014, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr.
Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet
— Yes. Said motion passed with a 5 to 0 vote.
Mrs. Gray moved to reappoint Colson Zulmar as a regular member to the
Affordable Housing Advisory Committee to serve a two (2) year term ending July 31,
2014, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs.
Gray — Yes; Mayor McDuffie --- Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel
— Yes. Said motion passed with a 5 to 0 vote.
Mayor McDuffie stated he wished to appoint Dorothy Ellington as a
regular member to the Affordable Housing Committee to serve a two (2) year term
ending July 31, 2014. Mr. Frankel so moved, seconded by Mr. Jacquet. Upon roll call
the Commission voted as follows: Mayor McDuffie — Yes; Mr. Carney — Yes; Mr.
Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0
vote.
Mr. Carney moved to reappoint as a regular member to the Affordable
Housing Committee to serve a two (2) year term ending July 31, 2014, seconded by Mr.
Frankel. Upon roll call the Commission voted as follows: Mr. Carney — Yes; Mr.
Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said
motion passed with a 5 to 0 vote.
90. APPOINTMENTS TO THE NUISANCE ABATEMENT
BOARD: Appoint three (3) regular members to serve two (2) year terms ending July 31,
2014 and two (2) alternate members to serve unexpired terms ending July 31, 2013 to the
Nuisance Abatement Board. Based upon the rotation system, the appointments will be
made by Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5), Commissioner
Carney (Seat #1), Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3).
Mrs. Gray moved to reappoint Linda Leib as a regular member to the
Nuisance Abatement Board to serve a two (2) year term ending July 31, 2014, seconded
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by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr.
Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said
motion passed with a 5 to 0 vote.
Mayor McDuff a stated he wished to reappoint Wendy Smith as a regular
member to the Nuisance Abatement Board to serve a two (2) year term ending July 31,
2014. Mr. Jacquet so moved, seconded by Mr. Frankel. Upon roll call the Commission
voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr.
Carney — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote.
Mr. Carney stated he would like to defer his appointment to the next
regular meeting of August 21, 2012.
Mr. Jacquet moved to appoint Arline Sherman as an alternate member to
the Nuisance Abatement Board to serve an unexpired term ending July 31, 2013,
seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel —
Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes.
Said motion passed with a 5 to 0 vote.
Mr. Frankel moved to appoint Adam Reback as an alternate member to the
Nuisance Abatement Board to serve an unexpired term ending July 31, 2013, seconded
by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor
McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion
passed with a 5 to 0 vote.
9.R. CITY ATTORNEY EVALUATION
Mayor McDuffie stated he went through the evaluation form with Mr.
Shutt and he found his service to the Commission in almost all of those cases to have
been excellent. Mayor McDuffie stated Mr. Shutt has established a department with very
qualified people and a department that had gone beyond the call of duty in being
shorthanded for so long it serving the City Commission incredibly well during those
times. Mayor McDuffie stated communication to and from the office was always
effective and clear, and he finds Mr. Shutt's performance to be superb. In addition,
Mayor McDuffie stated the City' ordinances have withstood constitutional scrutiny and
federal court scrutiny and they have been upheld. Mayor McDuffie reiterated that the
City Attorney has done a fine job.
Mr. Carney echoed Mayor's McDuffie's comments and stated as an
attorney he has a perspective of what it is like to work with other attorneys
finds a great deal of professionalism out of the City Attorney's office. Mr. Carney stated
he gets frustration because they choose to take a more conservative approach to things.
Mr. Carney stated the City Attorney's office has a great deal more experience than he
does and have proven themselves to be very efficient in what they do and they have been
particularly responsive when a question is asked, when he needs an opinion on
something, or he needs guidance on a legal point as it relates to any part of the Charter or
35
08/07/12
the Code.
Mrs. Gray stated she appreciates the City Attorney's service, patience, and
professionalism. She stated she looks forward to continue working with Mr. Shutt.
Mr. Jacquet stated he will meet with Mr. Shutt to discuss the evaluation
form in further detail but publicly he would like to make known as fellow attorney he
appreciates the work he does for the City. Mr. Jacquet stated being on the private side
they have different approaches because Mr. Shutt has the entire City to look after and
protect so sometimes he feels the City Attorney is a little conservative. However, Mr.
Jacquet stated that is the right approach most of the time when you are responsible for
over 64,000 residents. Mr. Jacquet applauds the work the City Attorney's office does and
most importantly what he likes about the City Attorney's office is accessibility. Mr.
Jacquet stated if he has a question about an agenda item he knows that the City Attorney
will be there to answer the question.
Mr. Frankel stated he has spoken to the City Attorney and feels he has let
him know when he has a problem with something in his office, or with him, and in 3 V2
years he has not had that instance.
At this point, the time being 10:04 p.m., the Commission moved to Item
12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 01 -12: Consider city - initiated amendments to the
Land Development Regulations (LDR) regarding the duties, powers, and responsibilities
of the Historic Preservation Board (HPB); procedures for obtaining a variance from the
HPB; provision of required HPB review for properties listed on the Local Register of
Historic Places within applicable zoning districts; clarification of procedures for historic
designation; clarification of development standards for properties listed on the Local
Register of Historic Places; creation of the "Local Register of Historic Places ";
clarification of procedures for tax exemptions for historic properties; clarification of
criteria for changes of historic designation and/or classification. If passed, a public
hearing will be held on August 21, 2012.
The caption of Ordinance No. 01 -12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING ARTICLE 2.2, `ESTABLISHMENT OF
BOARDS HAVING RESPONSIBILITIES FOR LAND
DEVELOPMENT REGULATIONS ", SECTION 2.2.6,
"THE HISTORIC PRESERVATION BOARD'',
SUBSECTIONS (A), "CREATION ", (B),
"COMPOSITION AND SPECIAL QUALIFICATION ",
AND (D), "DUTIES, POWERS, AND
36
08/07/12
RESPONSIBILITIES ", TO CLARIFY AND AMEND
HISTORIC PRESERVATION BOARD DUTIES,
POWERS AND RESPONSIBILITIES ; AMENDING
ARTICLE 2.4, "GENERAL PROCEDURES ", SECTION
2.4.7, "PROCEDURES FOR OBTAINING RELIEF
FROM COMPLIANCE WITH PORTIONS OF THE
LAND DEVELOPMENT REGULATIONS ",
SUBSECTION (A), "VARIANCES ", TO CLARIFY THE
REVIEW OF VARIANCES BY THE HISTORIC
PRESERVATION BOARD; AMENDING ARTICLE 4.4,
"BASE ZONING DISTRICT ", SECTION 4.4.3, "SINGLE
FAMILY RESIDENTIAL (R -1) DISTRICT ",
SUBSECTIONS (E), "REVIEW AND APPROVAL
PROCESS ", (F), "DEVELOPMENT STANDARDS ",
AND (G), "SUPPLEMENTAL DISTRICT
REGULATIONS "; SECTION 4.4.5, "LOW DENSITY
RESIDENTIAL (RL) DISTRICT", SUBSECTIONS (E),
"REVIEW AND APPROVAL PROCESS ", (F),
"DEVELOPMENT STANDARDS ", AND (G),
"SUPPLEMENTAL DISTRICT REGULATIONS";
SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL
(RM) DISTRICT ", SUBSECTIONS (E), "REVIEW AND
APPROVAL PROCESS ", (F), "DEVELOPMENT
STANDARDS ", AND (G), "SUPPLEMENTAL
DISTRICT REGULATIONS "; SECTION 4.4.13,
"CENTRAL BUSINESS (CBD) DISTRICT ",
SUBSECTIONS (E), "REVIEW AND APPROVAL
PROCESS ", (F), "DEVELOPMENT STANDARDS ",
AND (G), "SUPPLEMENTAL DISTRICT
REGULATIONS"; SECTION 4.4.17, "RESIDENTIAL
OFFICE (RO) DISTRICT", SUBSECTIONS (E),
"REVIEW AND APPROVAL PROCESS ", (F),
"DEVELOPMENT STANDARDS ", AND (G),
"SUPPLEMENTAL DISTRICT REGULATIONS";
SECTION 4.4.21, "COMMUNITY FACILITIES (CF)
DISTRICT ", SUBSECTIONS (E),. "REVIEW AND
APPROVAL PROCESS ", (F), "DEVELOPMENT
STANDARDS ", AND (G), "SUPPLEMENTAL
DISTRICT REGULATIONS "; SECTION 4.4.24, "OLD
SCHOOL SQUARE HISTORIC ARTS DISTRICT
(OSSHAD) ", SUBSECTIONS (E), "REVIEW AND
APPROVAL PROCESS ", (F), "DEVELOPMENT
STANDARDS ", AND (G), "SUPPLEMENTAL
DISTRICT REGULATIONS" TO SPECIFY THAT ALL
PROPERTIES IN A HISTORIC DISTRICT OR
INDIVIDUALLY DESIGNATED HISTORIC
37
08 /07/12
PROPERTIES ARE SUBJECT TO THE PROVISIONS
OF SECTION 4.5.1 AND REVIEW BY THE HISTORIC
PRESERVATION BOARD; AMENDING ARTICLE 4.5,
"OVERLAY AND ENVIRONMENTAL
MANAGEMENT DISTRICTS ", SECTION 4.5.1,
"HISTORIC PRESERVATION SITES AND
DISTRICTS ", SUBSECTIONS (B), "CRITERIA FOR
DESIGNATION OF HISTORIC SITES OR DISTRICTS"
AND (C), "DESIGNATION PROCEDURES ", TO
CLARIFY HISTORIC DESIGNATION PROCEDURES;
SUBSECTION (D), "REVIEW AND APPROVAL
PROCEDURES ", TO CLARIFY APPLICATION
PROCESS OF PROPERTIES SUBJECT TO HISTORIC
PRESERVATION BOARD REVIEW; AND
SUBSECTION (E), "DEVELOPMENT STANDARDS ",
TO CLARIFY EXISTING REQUIREMENTS FOR
FENCES, PARKING, GARAGES, RELIEF FROM
PARKING REQUIREMENTS, AND VISUAL
COMPATIBILITY STANDARDS; BY REPEALING
SUBSECTIONS (I), HISTORIC PRESERVATION
BOARD TO ACT ON APPLICATIONS OTHER THAN
CERTIFICATES OF APPROPRIATENESS "; (J),
"HISTORIC PRESERVATION BOARD TO ACT ON
VARIANCE REQUESTS ", (K), "DESIGNATION OF
HISTORIC SITES ", (L), "DESIGNATION OF HISTORIC
DISTRICTS "; (lbl), "TAX EXEMPTION FOR HISTORIC
PROPERTIES ", (N), "CRITERIA FOR CHANGE OF
HISTORIC DESIGNATION AND /OR
CLASSIFICATION, AND (0), "PROCEDURE FOR
CHANGE OF HISTORIC DESIGNATION AND /OR
CLARIFICATION ", AND ENACTING NEW
SUBSECTIONS (I), "LOCAL REGISTER OF HISTORIC
PLACES ", TO COLLECTIVELY LIST ALL HISTORIC
DISTRICTS AND INDIVIDUALLY DESIGNATED
PROPERTIES; AND (A "TAX EXEMPTION FOR
HISTORIC PROPERTIES ", TO CLARIFY THE
PROCESS FOR TAX EXEMPTIONS ON HISTORIC
PROPERTIES; AND AMENDING SUBSECTIONS (K),
"CRITERIA FOR CHANGE OF HISTORIC
DESIGNATION AND /OR CLASSIFICATION ", AND,
(L), "PROCEDURES FOR CHANGE OF HISTORIC
DESIGNATION AND /OR CLASSIFICATION ", TO
CLARIFY EXISTING REGULATIONS AND
REQUIREMENTS; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
38
08/07/12
office.)
(The official copy of Ordinance No. 01 -12 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Paul Dorling, AICP, Director of Planning and Zoning, stated this is a city -
initiated text amendment pertaining to historic preservation matters and board
responsibilities and clarification of review criteria. Mr. Dorling stated it is taking the
language that existed and re- organizing it into different sections and providing
clarification. He stated there is a list of the affected section in his memo.
At its meeting of May 16, 2012, the Historic Preservation Board (HPB)
considered this and recommended approval; at its meeting of May 21, 2012, the Planning
Zoning Board reviewed Ordinance No. 01 -12 and a recommendation of approval was
made subject to three minor revisions to clarify "First Floor Maximum Height".
Mr. Carney asked how relevant was Planning and Zoning's position that
laypersons be able to fill slots on that board which are reserved for a professional. Mr.
Dorling stated it has been in the past an issue because staff could not find people to
appoint. He stated the language now allows that flexibility.
Mr. Frankel moved to approve on FIRST Reading, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr.
Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion
passed with a 5 to 0 vote.
12.B. ORDINANCE NO. 24 -12: Consider approval of a historic designation
and individual listing on the Local Register of Historic Places for property located at 290
S.E. 6th Avenue. If passed, a public hearing will be scheduled on August 21, 2012.
office.)
The caption of Ordinance No. 24 -12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
DESIGNATING ADAMS AUTO DEALERSHIP,
LOCATED AT 290 SE 6T11 AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN, AS A LOCAL
HISTORIC SITE; PROVIDING FOR THE
AMENDMENT THE "ZONING MAP OF DELRAY
BEACH, FLORIDA, JANUARY 2012" PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 24 -12 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
39
08/07/12
Mr. Frankel moved to approve Ordinance No. 24 -12 on FIRST Reading,
seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor
MCDufEe — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray —
Yes. Said motion passed with a 5 to 0 vote.
12.C. ORDINANCE NO. 25 -12: Consider an amendment to Chapter 53,
"Sanitary Sewers ", and the City's Enforcement Response Plan, to comply with the
Florida Administrative Code. If passed, a public hearing will be held on August 21, 2012.
office.)
The caption of Ordinance No. 25 -12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 53, SANITARY SEWERS ", OF
THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING
SECTIONS 53.004, "ABBREVIATIONS;
DEFINITIONS "; 53.051, "PROHIBITED DISCHARGES
TO SEWERS "; 53.052, "NATIONAL CATEGORICAL
PRETREATMENT STANDARDS "; 53.054,
INTERCEPTORS "; 53.056, "ADMISSION OF
INDUSTRIAL AND COMMERCIAL WASTE "; 53.064,
"PREVENTION OF ACCIDENTAL DISCHARGES ";
53.067, "NOTIFICATION OF THE DISCHARGE OF
HAZARDOUS WASTES "; 53.068, "NOTICE OF
VIOLATIONS, REPEAT SAMPLING AND
REPORTING "; 53.080, "COMPLIANCE DATE
REPORT "; 53.081, "REPORTING REQUIREMENTS ";
53.082, "INSPECTION ND SAMPLING "; 53.084,
"ANALYTICAL REQUIREMENTS "; 53.085, "SAMPLE
COLLECTION"; 53.100, "PERMIT REQUIREMENTS ";
53.101, "PERMIT APPLICATION"; 53.102, "PERMIT
ADMINISTRATION "; 53.130, "USER CHARGES;
WHOLESALE SEWER RATES; CALCULATION OF
SEWER SURCHARGES "; 53.132, "INDUSTRIAL COST
RECOVERY SYSTEM "; 53.142, "PUBLICATION OF
USERS IN SIGNIFICANT NONCOMPLIANCE "; 53.154,
"RETENTION OF RECORDS REQUIRED "; 53.999,
"PENALTIES ", IN ORDER TO UPDATE SAME IN
ACCORDANCE WITH NEW FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION ("FDEP "}
REGULATIONS; PROVIDING A SAVING CLAUSE; A
GENERAL REPEALER CLAUSE; AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 25 -12 is on file in the City Clerk's
40
08/07/12
The City Attorney read the caption of the ordinance.
Victor Majtenyi, Deputy Director of Public Utilities, stated this ordinance
is a review of all of the issues related to the sewer ordinance that is a result of the annual
review of the Wastewater Treatment Plant. Mr. Majtenyi stated the permitting authority
has gone through a thorough review and this is a result of the EPA (Environmental
Protection Agency) and the FDEP (Florida Department of Environmental Protection)
going to a thorough review. He made reference to page two, second paragraph of the
ordinance where it states "WHEREAS, the City's Sewer Use Ordinance, enforcement
response plans and MJA (Multi- Jurisdiction Agreement) enables the City to comply with
the new FDEP regulations." Mr. Majtenyi stated MJA will be coming to the Commission
at the next meeting at the South Central Regional Wastewater Treatment and Disposal
Board (SCRWTDB).
Mrs. Gray moved to approve Ordinance No. 25 -12 on FIRST Reading,
seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Carney
— Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes.
Said motion passed with a S to 0 vote.
At this point, the time being 10:14 p.m., the Commission moved to Item
13, Comments and Inquiries on Non - Agenda Items.
13. COMMENTS AND INQUIRIES ON NON- AGENDA ITEMS.
13.A. City Manager
Doug Smith, Acting City Manager, stated Commissioner Carney had
inquired about a Visions 2020 process which Mrs. Butler has been researching. He stated
they have contacted the FAU Institute of Government to inquire about that and FAU no
longer has staff resources due to the budget reductions for that type of work; but they are
researching the names of a number of facilitators that have done these kinds of initiatives
for a number of years. Mr. Smith stated staff will have an update for the Commission in
the next couple of weeks.
Secondly, Mr. Smith stated Mrs. Gray had asked about S.E. 3rd Avenue off
Atlantic Avenue regarding the zoning from Swinton Avenue to the railroad and part of
Mr. Dorling's response references the current zoning being appropriate. He stated the
parcel can be redeveloped with commercial or more industrial type uses that are
appropriate in that area and also has the potential for stand -alone residential up to 30
units per acre. Excess of 30 units per acre is allowed as a conditional use within two
blocks of Atlantic Avenue.
Mr. Smith stated in recognition of the City being named "Most Fun Small
Town in America" a company that works with them inquired if the City would be
interested in purchasing a plaque which Mr. Harden did. Mr. Smith stated the plaque is
being placed hi the City Hall lobby.
41
08/07/12
Mr. Smith stated the City received another invitation from the ATP to the
November 8, 2012 World Tour Finals in London. Mr. Frankel stated last year he
represented the City on his own dime and he is willing to do that again this year should
there not be someone else on the Commission that would like to do that.
Lastly, Mr. Smith stated the City has also received a signed tennis ball by
Novak Djokovic #2 ranked tennis player in the World.
B.B. City Attorney
The City Attorney thanked the City Commission for their comments.
B.C. City Commission
B.C.1. Mr. Jacquet
Mr. Jacquet commented about how we are going replacing the City
Manager.
Mr. Jacquet stated Mr. Cox mentioned a meeting on September 8, 2012
and it sounds good about getting a collective and shared vision for West Atlantic Avenue.
Lastly, Mr. Jacquet asked about Mr. Frankel's comment about advertising
in the Sun - Sentinel.
B.C.2. Mr. Carney
Mr. Carney commented about a proposal circulating regarding the use of
bringing a swimming academy to the Aqua Crest pool and owned and run by Michael
Phelps.
Secondly, Mr. Carney stated he spent time speaking with former Mayor
Lynch who was the last Mayor involved in this City's search for a City Manager and he
just completed a search for the current City in which he serves as Mayor. Mr. Carney
stated there is a time issue here and feels the Commission should discuss doing a national
search and would like a proposal to come back to the Commission as to when they can
start that process.
Doug Smith, Acting City Manager stated Mr. Harden has plazmed to
discuss this at the August 28, 2012 Workshop.
Mr. Carney supports an Agenda item where it would allow the public to
have some input on what we are going to be doing regarding Waste Management.
Mr. Carney requested that the City Manager's office look at streamlining
the submission process for plans. He stated many cities have gone to allowing electronic
42
08/07/12
submissions but allowing the submissions of plans, specs, etc. to be put on a CD versus
having all these big sets of plans.
Lastly, Mr. Carney stated he hopes the sign for the "Most Fun Small Town
in America'' meets the City's sign ordinance because he would like to put it up soon.
B.C.3. Mrs. Gray
Mrs. Gray asked if they can post comments about Waste Management on
Peak Democracy on the website.
Secondly, Mrs. Gray concurs that the Commission needs to start sooner
than later as far as coming up with a procedure or direction on how the Commission is
going to address the search for the next City Manager.
B.C.4. Mr. Frankel
Mr. Frankel made reference to Mrs. Odom's comment and stated she is
willing to pay $7.00 to keep the City the way it is.
Secondly, Mr. Frankel wished Mayor McDuff e good luck next week.
B.C.5. Mayor McDuffie
None.
There being no further business, Mayor McDuffie declared the meeting
adjourned at 10:27 p.m.
ATTEST:
w�
s
MAYOR
City Clerk
43
08/07/12
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on August 7, 2012, which Minutes were formally approved and adopted by the City
Commission on September 4, 2012.
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
44
08/07/12
IN THE. CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEAGH,. FLORIDA
WAIVER REQUESTS FOR 21 DROPS OFFICE BUILDING PROJECT AT 290 SE 6T"
AVENUE
2012.
1. These waiver requests came before the City Commission on August 7,
2.. The Applicant and City staff presented documentary evidence and
testimony to the .City Commission pertaining to the waiver request for 21 Drops Office
Building Project at 290 SE 6th Avenue.. All of the evidence is a. part of the record in this
case. Required findings are made in accordance with Subsection 1.
L WAIVERS. Pursuant to LDR Section 2,4.7(B)(6), prior to granting a waiver, the
approving: body shall make a finding that the granting. of the waiver:
(a) Shall not adversely affect the, 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 privile9e in that the same-
w.
aiver would be granted under similar circumstances on other
property for another applicant or owner.
.A. Waiver to LDR Section 4.6;9(D)(4)(d)
Pursuant to LDR Section 4,6.9(D)(4)(d), the standard aisle width is twenty -
four (24) feet for normal traffic flow with. perpendicular' parking. The
maximum aisle width is twenty -six (26) feet.
The applicant is asking for a waiver to reduce the aisle: width in the rear of
the property to twenty -two (22) feet due to encroachment of the carport
columns.
Should the waiver to Section 4.6.9(D)(4)(d) be granted?
Yes V No
1
August 7, 2012 City Commission Meeting; Item 9.A,
B. W aivor to LIAR Sectiori
lk -
Pur.suant to. LOR $qctip 3 an eight . 9 fbo sk dews : is
0*_L...(B)(1 h' t
required along SL 3rd Street, The applicant j!s asking for a: waiver .to
reduce the:. reqlb i;rq.mqf It., f1p r, A. h eight to fbq�. sidewalk g five fbot
sidewalk to ternllh d6h'816tiaht..'With already existing
�P.b.0 ldlha w.01 -tO Section be. granted?
YdS No
3.,, The City Commission has -applied . the Qcrnprehens , No- Mott and LDR
requirements in exist n.06 at t . ho.'tirne the original 4avelo ent .pple tion was
a .1 a
submitted and, finds th at its cetermin at o
rs, set fO rth in this Ord6r0Y6.4OhsJstbht,Wi
th the
Comprehensive Plan,
4 The City Omrn iosion. find there; is. ample. and cbmpEit&nt sUbttantial
evidence to sup pork ort its flhd . n s: fnjhe record pp 9 submitted and copts 'the facts .0ont
ained
in the. record' Inp-ludidg. 6ut not lirnitod to: the' staff reports, testimony af-experts anal other
corh P etont witnesses supporting -thesp.ftdi
5.
Based
on the
entire recoed, b6fa it,: the, City (ornrnjssjon
approves-
✓
the Waiver request.
0, Based on the: Orifire, reo6fd; before it, the.; City. 06m.miss preby adopts
................. dpo sed,
thIs OCO.er1jhW7th--4 -01.2,A)y in
of AqgQpt 2
.a vot
O'Of favor 0 0
AT--MST,:- Nielson S. MdD. e,.
M
Chevelle'Nubin, City
1K
August 7, 2012 City Commission Meeting; Item 9.A.
IN THE CITY COMMISSION.
O
.CHAMBERS F THE; CITY Or'
.CHAMBERS
DELRAY- BEACH,;. FLORIDA
ORDER.OF THE' CITY COMMISSION.
OF THE CITY OF OELRA
AYOEACHFFLOMDA.
WAIVER REQUESTS' FOR CHASE BANK AT 5070 W. ATLANTIC AVENUE
2012.
1. These waiver requests -dame beford! the City Commission on August; 7,.
2. The Applicant and. City staff presented documentary evidence and:
testimony to the. City Commission pertaining to the Waiver request for Chase Bank at
5070: W. Atlantic Avenue:, All of thb b%ddehcd is al part of the record: in this: ease:.
Required findings are made in accordance with. Subsection L
I. WAIVERS- Pursuant. to LDR Section 14.7(13)(5),. prior to- granting a waiver, the.
approving' body shall make a finding that the grantingof. the waiver:
Shall not adversely the neighboring area;
(b) Shall not signif ;antly d1miNsh th e provision of p
(blia facilities,,
Shall not create an unsafe situation: and.,
(d). Does: hot tesd * It in the grant ofa special. privilege in; t * hat -the same
waiver would be granted under similar circumstances -on- other
property for. another applicant:o.r.o.Wrier.
.A. waivers to LDR .Section ;4,6.70(n
Pursuant to LDR Section 4.6.3(E)(7), businesses in the: Plahhed
Commercial (PO) distelctaro allowed one wall sign facing each dedicated
street frontage I - of building, face, not to exceed
bot_h4s an area. of 151/6
160 square feet.
1, The applicant is asking for a- waiver to alfow one. Wall sign that
does not face the .dedicated street fro rtage on the S outh elevation.
Should tlhl$. waiver to. Section 4.6.7(E)(7) for the South
elevation be granted?
Yes No
1
August 7, 2012 City Commission Meeting; Item 9.C.
2 .. �. r ho o p or - bant is asking fO
. a. wAlvefto. allow bilb '
s
lon that
does not Npq: the 4ed I cPted5lr street' on the ' asI s(ov4I dl..
Sh9pl0 this wol T to. Section 4A'7(Q(i,) for. the E.a_.;; pir
VQ 7: elov ion
be: grahtedl
No .
3.. Th-6 Applldbilt'!& asking f or.-Allow one: wall - that
9 qr, ".ivot t
P §19P
does, h0i fata'tM dedicated street: f tontago on f he WA est'e*l.ev hfi;.
$hould.tbls, w ' * ft 4 - 'fo
Oe.granled7 gflvorto-Seo on; .4,7PI-71. rthewost-616.vatioh
Yes No
B; Waiver to: LIA'Section' 4,61{H )(6)
Pursuant to LDR Section 4.6.7(H)(6).., 666 (1,)- nameplate sign is aI (pw.pd
por buildirigP not exce'edlh.g :three. square feet., (3. sq.fQ! In at0, bf a.
noncommercial nature,. and bearing the: Barrie or t. address of. the
principal occupant*,
The- applicant is asking* for s
Should tbe Waiver to fi 4.67(H)(6) to.. a a ate - be
.0 S.6060. 116W two. (2) h rhopt s
granted'?
Yes. ✓ No.
3, The City Commission. has applied the- CompbhertsiVe Plan and, LbR
requirements in ok-Isf&nce at th' time the: original development .application was
sub-mittod: and finds that its deitertnlh6flons set forth in this Order are consistent with the
Comprehensive: Plan.
4. Th& city commission finds there is ample and- gorripetent substantial.
.evidence to supportIts findings j the record submitted andad ptsr iho facts contained
IT) 0 e
In th*.O record idibludho but not lifti.ited:tb the staff reports, testimony, of. experts other
competent wit - W1 a - ssqssupport
- no thesefiIndings..
! .
2
August 7, 2012 City Commission Meeting; Item 9.C.
5.
Based
on the entire record before it, the.
City Commission
approves
✓
the East waiver -and. the nameplate waiver,
but denies
the waivers to the South and West elevations.
6. Based on the. entire record. before it; the. City Commission. hereby adopts
this Order. this 7th day of August 2012, by a vote of 5 in favor and 0�� opposed.
ATTEST: Nelson t. McDuffie;
Chevelie Nubin; City Clerk
3
August 7, 2012 City Commission Meeting; Item 9.C.