08-21-12 Regular Meeting MinutesAUGUST 21, 2012
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers
at City Hall at 6:00 p.m., Tuesday, August 21, 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 - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Brian Shutt, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Rabbi Kanter with Temple Sinai.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mayor McDuffie stated there is additional information for Item 9.C.,
Direction Regarding Selection of Solid Waste Collection Services Provider, Item
9.E., City Manager Recruitment Process, and Item 10.B., Ordinance No. 19 -12.
Mr. Frankel requested that Item 9.C., Direction Regarding Selection of
Solid Waste Collection Services Provider be moved up on the Regular Agenda as Item
9.A.
With regard to Item 9.C., Mr. Carney stated there have members of the
public that have expressed an interest and made comment and wondered if the sense of
the Commission with respect to public comment is being made on this item. Mr. Frankel
stated he has heard public comments on this for the last six months and he is satisfied that
it has been offered and there has been ample opportunity for that. Mr. Jacquet stated if
anyone wants to speak on this item they deserve the opportunity to speak and he is in
favor of public comment. Mrs. Gray stated she has read emails, met with people, and
would like to move forward. Mr. Carney stated he is in favor of Item 9.C. Mayor
McDuffie stated he has read the email and forum and listened to comments since the
beginning of the year and he does not support public comment tonight.
08/21/12
It was the consensus of the Commission to not have public comment for
the Regular Agenda regarding Item 9.C., Direction Regarding Selection of Solid
Waste Collection Services Provider with a 3 to 2 vote (Commissioner Gray,
Commissioner Frankel, and Mayor McDuffie do not support any more public comment
on Item 9.C.).
Mr. Frankel requested to move Item 9.C., Direction Regarding Selection
of Solid Waste Collection Services Provider up on the Regular Agenda to Item 9.A.
Mr. Carney requested that Item 8.I, Special Event Request /13th Annual
Downtown Delray Beach Thanksgiving Weekend Art Festival, of the Consent Agenda
be moved to the Regular Agenda as Item 9.A.A., Item 8.J., Special Event Request /18th
Annual Downtown Delray Beach Craft Festival of the Consent Agenda be moved to
the Regular Agenda as Item 9.A.A.A., and Item 8.K., Special Event Request /26th
Annual Turkey Trot of the Consent Agenda be moved to the Regular Agenda as Item
9.A.A.A.A. and Item 8.L., Special Event Request /On the Avenue of the Consent
Agenda be moved to the Regular Agenda as Item 9.A.A.A.A.A.
Mr. Frankel moved to approve the Agenda as amended, seconded by Mr.
Carney. 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. Carney moved to approve the Minutes of the Regular Meeting of
August 3, 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.
6. PROCLAMATIONS:
6.A. Recognizin6 and Commending Eula Mae Johnson
Mayor McDuffie read and presented a proclamation hereby recognizing
and congratulating Eula Mae Johnson on a very Happy 103`d Birthday. Eula Mae
Johnson came forward to accept the proclamation and gave a few brief comments.
6.B. Recognizing and Commending Sergeant Brady Myers
Mayor McDuffie read and presented a proclamation hereby recognizing
Sergeant Brady Myers and applauding his outstanding and exemplary dedication,
multitudinous contributions and service to the City of Delray Beach and its residents.
Sergeant Brady came forward to accept the proclamation and gave a few brief comments.
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6.C. Fire Fighter Appreciation Month — August 2012
Mayor McDuffie read and presented a proclamation hereby proclaiming
the month of August 2012 as Fire Fighter Appreciation Month in Delray Beach, Florida.
Jim Tabeek and Chief Connor came forward to accept the proclamation and gave a few
brief comments.
6.D. Hunger Action Month — September 2012
Mayor McDuffie stated the proclamation will be mailed.
6.E. Recognizing and Commending the Delray Blazers Travel Basketball
Team
Mayor McDuffie read and presented a proclamation hereby recognizing
and commending the Delray Beach Lady Blazers Team for their representation of the
City of Delray Beach Parks and Recreation. Linda Karch, Director of Parks and
Recreation, came forward to accept the proclamation and gave a few brief comments.
7. PRESENTATIONS:
A. None
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. ACCEPTANCE OF A SIDEWALK DEFERRAL AND SIDEWALK
EASEMENT AGREEMENT /1005 ISLAND DRIVE: Approve acceptance of a
sidewalk easement and sidewalk deferral agreement to allow future construction of a
sidewalk, for a proposed new two -story single family residence along the right -of -way
within the cul -de -sac adjacent to the property located at 1005 Island Drive within the
North Beach Overlay District.
8.B. RESOLUTION NO. 39- 12/BEACH RENOURISHMENT
PROJECT: Approve Resolution No. 39 -12 in support of the City of Delray Beach
Renourishment Project and its ongoing funding commitment to provide for the
local match.
The caption of Resolution No. 39 -12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA PROVIDING
ITS SUPPORT FOR THE CITY OF DELRAY BEACH
RENOURISHMENT PROJECT AND ITS ONGOING
FUNDING COMMITMENT TO PROVIDE FOR THE
LOCAL MATCH.
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(The official copy of Resolution No. 39 -12 is on file in the City Clerk's
office.)
8.C. HOUSING REHABILITATION GRANT /CONTRACT
AWARD: Award one (1) Housing Rehabilitation contract through the Community
Development Block Grant (CDBG) to the lowest responsive bidder, Built Solid
Construction, LLC, for 622 S.W. 4th Avenue in the amount of $21,088.46. Funding is
available from 118 - 1963 - 554 -49.19 (Neighborhood Services: Other Current
Charges/Housing Rehabilitation).
8.D. FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT/
COMMUNITY REDEVELOPMENT AGENCY (CRA): Approve the First
Amendment to the Interlocal Agreement with the Community Redevelopment Agency
(CRA) to purchase trolley style vehicles for the free shuttle transportation service from
Tri -Rail through the downtown to the beach.
8.E. EXTENSION OF A MAINTENANCE AND SUPPORT
AGREEMENT WITH MOTOROLA,, INC.: Approve an extension to the
Maintenance and Support Agreement between the City and Motorola, Inc. in the amount
of $118,470.12 for maintenance and support for all of dispatch with the exception of the
law enforcement officers' portable radios. Funding is available from 001 - 2111 -521 -46.20
(General Fund: Repair & Maintenance Services /Equipment Maintenance).
8.F. EXTENSION OF THE INSURANCE AGENT /BROKER SERVICE
AGREEMENT/THE PLASTRIDGE AGENCY, INC.: Approve an extension of the
Insurance Agent/Broker Service Agreement with The Plastridge Agency, Inc. at a cost
not to exceed $125,000.00 for an additional one year period beginning 10/l/12. Funding
is available from 551-1575-591-45.11 (Insurance Fund/Insurance /General Liability
Premiums), 551 -1575- 591 -45.31 (Insurance Fund/Insurance/Package Policy Premium),
and 551 - 1575 -591 -4532 (Insurance Fund/Insurance/Package Policy Premiums, Excess
Workers' Comp Premium).
8.G. RESOLUTION NO. 42 -12: Approve Resolution No. 42 -12 assessing
costs for abatement action required to remove nuisances on three (3) properties
throughout the City of Delray Beach.
The caption of Resolution No. 42 -12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT
TO CHAPTER 100 OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, ASSESSING
COSTS FOR ABATING NUISANCES UPON CERTAIN
LAND(S) LOCATED WITHIN THE CITY OF DELRAY
BEACH AND PROVIDING THAT A NOTICE OF LIEN
SHALL ACCOMPANY THE NOTICE OF
ASSESSMENT; SETTING OUT ACTUAL COSTS
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INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH
ABATEMENT OF NUISANCES; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND
INTEREST ON ASSESSMENTS; PROVIDING FOR
THE RECORDING OF THIS RESOLUTION, AND
DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS.
(The official copy of Resolution No. 42 -12 is on file in the City Clerk's
office.)
8.H. RATIFICATION OF APPOINTMENTS TO THE PARKING
MANAGEMENT ADVISORY BOARD: Approve and ratify the appointments of Ms.
Diane Franco regular representative, Downtown Development Authority; Ms. Margie
Walden as the regular representative and Mr. Peter Perri as the alternate representative,
West Atlantic Redevelopment Coalition; Veronica Covington as the alternate
representative, Community Redevelopment Agency; Connor Lynch as the alternate
representative, Planning & Zoning Board; and William Morse as the regular
representative, Chamber of Commerce for two (2) year terms ending July 31, 2014.
881. THIS ITEM HAS BEEN MOVED TO ITEM 9.A.A. OF THE
REGULAR AGENDA.
8.J. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.A.
S.K. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.A.A.
8.L. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.A.A.A.
8.M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period August 6, 2012 through August 17, 2012.
8.N. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Layne Inliner, LLC in the amount of $72,1 15.00
for rehabilitation of sanitary sewer main segments as part of the
annual Sanitary Sewer Main Rehabilitation program. Funding is
available from 442 - 5178 -536 -63.51 (W & S Renewal &
Replacement Fund: Improvements Other /Sewer Mains).
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2. Contract award to Line Tec in an amount not to exceed $30,000.00
for replacing damaged and broken water meters located in various
areas throughout the City of Delray Beach. Funding is available
from 441 -5112 -536 -34.90 (Water and Sewer Fund: Other
Contractual Services).
3. Purchase award to AG- Tronix in the amount of $16,405.48 for
three (3) Irrinet M 24 Stations for the Gateway Feature Project to
be installed on West Atlantic Avenue. Funding is available from
334 - 3162 -541 -68.09 (General Construction Fund: Other
bnprovement/Atlantic Avenue Gateway Feature).
4. Purchase award to Software House International in the amount of
$147,950.98 for 175 additional software licenses. Funding is
available from 001- 1811 -513 -46.90 (General Fund: Repair &
Maintenance Services /Other Repair /Maintenance Costs).
Mr. Carney moved to approve the Consent Agenda as amended, 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. REGULAR AGENDA:
9.A. DIRECTION REGARDING SELECTION OF SOLID WASTE
COLLECTION SERVICES PROVIDER: Provide direction to staff regarding
selection of a Solid Waste Collection Services provider for the City.
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.
Al Berg, Assistant Director of Community Improvement, introduced
Butch Carter with Waste Management.
Butch Carter, Waste Management, gave a brief PowerPoint presentation
and an overview of the proposal for the City of Delray Beach to consider renewing the
franchise agreement extended with the City. Mr. Carter stated this started with a proposal
from Waste Management to provide solar powered compactors to the City in return for an
extension on the franchise agreement. Mr. Carter stated Waste Management began this
process in January as an agenda item and it has been as transparent as it possibly can get.
Mr. Carter urged the City Commission to support the extension to the Waste
Management franchise agreement.
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Mr. Berg stated the City of Delray Beach has use of the Clam Truck that
no other city in Palm Beach County has and that has been very instrumental in keeping
this city clean.
The City Attorney stated he requested unlimited indemnification with
Waste Management and they agreed to $1 million.
Mr. Frankel stated he has spent many times speaking to Waste
Management, Republic, SWS as vendors and potential competitors, and many residents
about this issue. He stated he likes the discussions that have been going on in this open
City Hall. Mr. Frankel stated he has reviewed the Inspector General (IG) Report issued
March 1, 2012 and it goes into detail about Waste Management's proposal. Mr. Frankel
stated Waste Management gives the City some of the lowest prices in the County, there
are numerous benefits to the City if we renew it, they have a great community partnership
with the City and many of its partners and even out of those who have stated this should
go out to bid no one complains about their service. Mr. Frankel stated his position is to
keep it with Waste Management.
Mrs. Gray stated Waste Management has been a great partner to the City
of Delray Beach. She stated no one has actually showed her where we are paying higher
prices and no one has showed her where we have poor service. Mrs. Gray stated if the
City were to send it out to bid she is not sure whether they will come back with a lower
bid or not. Mrs. Gray stated Waste Management has been an excellent partner and asked
for the value of the Clam Truck to be included in this as well. She supports extending the
Waste Management contract and stated that would be the best decision for the City of
Delray Beach.
Mr. Jacquet stated Waste Management has been a great partner with the
City of Delray Beach and believes they have been providing quality service around
Delray Beach. He stated as a business owner, he is a firm believer in competition. Mr.
Jacquet stated he does not believe going out to bid is for the sake of going out to bid but
feels they are saying go to bid to see what happens. He stated putting this out to bid
would allow the City to have more options and see what is out there and see if there is a
substantial savings or not. Mr. Jacquet stated although it is not guaranteed but it is
possible that the City can get a better rate and this is why he would like to see it go to bid.
Mr. Jacquet stated he is disappointed that the public was not allowed to speak.
Mr. Carney stated Waste Management is a great company and the level of
service that they provide for the City of Delray Beach is excellent. He stated he called
Code Enforcement and others to find out whether or not many complaints were made.
Mr. Carney stated there were not a lot of complaints and those complaints that were made
were handled very expeditiously. He stated Waste Management's corporate citizenship
has been exemplary. Mr. Carney supports going out for bid.
Mayor McDuffie stated it is extremely different sitting in the audience vs.
sitting on the dais and this has caused him concern. Mayor McDuffie stated he visited
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both with Republic and SWS to see what they have. Mayor McDuffie stated he supports
extending the contract with Waste Management.
Mr. Jacquet stated this is business and not personal for him. Mr. Jacquet
stated he has friends on both sides of the issue but this has nothing to do with their
personal relationship but it is purely business and for the best interest of Delray Beach.
The City Attorney stated the agenda item is direction regarding the
selection and if the Commission wishes to make this in the form of a motion they can do
so or go by consensus. The City Attorney suggested at the next Commission meeting to
bring the amendment before the Commission so that staff can change a couple of dates
that are in the backup.
Mrs. Gray moved to approve to renew the franchise agreement with Waste
Management, seconded by Mr. Frankel. Upon roll call the Commission voted as follows:
Said motion passed with a 3 to 2 vote, Commissioner Carney and Commissioner Jacquet
dissenting.
At this point, the time being 7:21 p.m., the Commission moved to Item
10, the duly advertised 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.
Mayor McDuff e stated if anyone from the public would like to speak
regarding the fiscal year 2013 proposed budget, to come forward at this time.
Christina Morrison, 2809 Florida Boulevard, Delray Beach, FL 33483,
speaking on behalf of the Financial Review Board (FRB), briefly reviewed the FRB's
recommendations for bridging the funding gap currently being discussed for next year's
budget.
Susan Bedard, 1297C High Point Way S.E.? Delray Beach, FL 33445
(High Point Section 6), stated in 2002 the City of Delray Beach purchased a very
expensive tract of land at Congress Avenue and Lake Ida Road for the specification of
having a senior center. Also, Ms. Bedard stated at that time the City floated bonds for the
senior center. She stated the only thing that has gone up in that area is a jungle gym that
has no shade area. Ms. Bedard inquired about the demographics on it to put a park at this
particular area because it is not utilized. She suggested that the City sell that piece of
land and getting property tax for it since it has been vacant since 2002 and remove the
playground area where it would be a lot safer. Ms. Bedard asked the Commission to
become transparent about what happened to the 2002 bond money that the City floated.
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Mike Malone, President of the Chamber of Commerce, 64 -A S.E. 5",
Avenue, Delray Beach, FL 33483, made reference to a letter that he recently had
delivered to the Commission and noted that that they are concerned about the income for
the businesses in the community. Mr. Malone stated the Chamber of Commerce has
recommended the two areas that they hope the City does not reduce funding on is the 0'
of July celebration and the First Night Holiday Tree. He stated both of these events
attract thousands of people to the community who spend their money. Mr. Malone stated
our economics is based on tourism and we need people to continue to visit Delray Beach
and invest their money with us.
10.B. ORDINANCE NO. 19 -12: Consider a Future Land Use Map amendment
from MD (Medium Density Residential 5 -12 du/ac) to CC (Commercial Core) and
rezoning from RM (Medium Density Residential) to CBD (Central Business District) for
a vacant parcel located on the east side of S.W. 10th Avenue approximately 391 feet
south of West Atlantic Avenue at 35 S.W. 10th Avenue. (Quasi - Judicial Hearing)
The caption of Ordinance No. 19 -12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA
ADOPTING A SMALL -SCALE FUTURE LAND USE
MAP AMENDMENT FROM MD (MEDIUM DENSITY
RESIDENTIAL 5 -12 DU /AC) TO CC (COMMERCIAL
CORE), PURSUANT TO THE PROVISIONS OF THE
"COMMUNITY PLANNING ACT ", FLORIDA
STATUTES SECTION 163.3187, FOR LAND LOCATED
ON THE EAST SIDE OF SW 10TH AVENUE, 391 FEET
SOUTH OF WEST ATLANTIC AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN, AND
REZONING AND PLACING SAID LAND PRESENTLY
ZONED RM (MEDIUM DENSITY RESIDENTIAL)
DISTRICT TO CBD (CENTRAL BUSINESS) DISTRICT;
AMENDING "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. 19 -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.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
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Mayor McDuffie asked the Commission to disclose their ex parte
communications. Mr. Frankel stated he met with Vin Nolan, Diane Colonna, Gregg
Weiss, spoke to Ron Galinsky, Dr. Kirson, Officer Rachel VanNess, emailed Officer
Chuck Jeroloman, received an email from the developer, and spoke to Mike Malone.
Mrs. Gray stated she spoke to Reggie Cox, Herman Stevens, Cathy Balestriere, Jeff
Costello, Vin Nolan, Diane Colona, other CRA Board members, and attended an
economic development meeting hosted by the Chamber. Mayor McDuffie stated he
spoke to Diane Colonna, Jeff Costello, Vin Nolan, the developers, received a letter from
Reggie Cox, Mike Malone, and Gregg Weiss. Mr. Carney stated he spoke with Reggie
Cox, Chuck Ridley, spoke to a few people in the neighborhood, and spoke to some of the
members of the CRA. Mr. Jacquet stated he spoke to Vin Nolan, Jeff Costello, Jim
(developer), representatives of the West Atlantic Avenue Coalition (WARC), Reverend
Barr, Zack Straghn, a few other residents that live around that area, and community
stakeholders.
Paul Dorling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department file 42012 -138 and #2012 -137 into the record.
Mr. Dorling stated this is a second reading on a privately - initiated Future
Land Use Map change from Medium Density (MD) to CC (Commercial Core), and a
rezoning from RM (Multiple Family Residential) to CBD (Central Business District) for
a 0.157 acre property located approximately 391 feet south of West Atlantic Avenue.
Mr. Dorling stated the requested land use change is from MD to CC and zoning from RM
to CBD. He stated the site is currently vacant. Mr. Dorling stated this was considered by
the Planning and Zoning Board and the item did not receive a second to the motion on
July 17, 2012. The City Commission reconsidered the entire item on August 7, 2012 and
agreed to hear it at second reading at this meeting of August 21, 2012. Mr. Dorling stated
the site is currently owned by the CRA and they also own all of the lots north of that to
Atlantic Avenue. He stated there are plans in an agreement with Prime Delray Hotel,
LLC, to develop a hotel at the corner of West Atlantic Avenue between S.W. 10th Avenue
and S.W. 9th Avenue on approximately a 2.30 acres site. Mr. Dorling stated this would
be a small portion of that at the southern end and that would allow the property to be
utilized as a parking area in association with the future hotel.
Mr. Dorling stated the rezoning of this property is the first step in this
process. He stated the hotel use is allowed only as a conditional use and requires
recommendation by the Planning and Zoning Board and approval by the City
Commission if it is to go forward and followed up with a site plan. Mr. Dorling stated
the review process would include all fractions of the City including the Police
Department and going through a full CPTED (Crime Prevention Through Environmental
Design) review and would be incorporated in any subsequent development. Staff
recommends approval.
Larry Abbo (CEO), Prime Investor's and Develouers, Prince Delray
Hotel, LLC, stated the overall project is a hotel up to 128 rooms and that was respondent
to the RFP that was brought about by the CRA. Mr. Abbo stated this process has been
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ongoing now close to three years. He stated the designs have been presented through the
process and they have now executed full documentation with the CRA and are pleased to
present this to the Commission for approval. Mr. Abbo stated the hotel is proposed as a
4 -story hotel in conformance with the current LDRs; they are proposing up to 128 rooms,
a resort style swimming pool, meeting rooms that would help serve the community needs.
He stated this hotel can bring approximately 32 new jobs. Mr. Abbo displayed a couple
of options that they would bring about so it would need to be a Marriott, Hilton, and
Choice Hotels with a focus towards Marriott and Hilton. Mr. Abbo briefly spoke about
the security features. He stated some of the features specific to the parking area which
has been mentioned as a point of concern. Mr. Abbo stated it is contemplated that they
would have fencing and decorative peers in the perimeter of the parking area which
covers the application site; they would have a secured entry control device for guest
access only after hours or in the evening hours and if a guest were to come that is not a
checked -in guest, they would have a telephone that they could call in from vestibule to
the front desk to allow for monitored access. Mr. Abbo stated this hotel will employ 32
people; some part -time some full -time. He stated other visitor spending based on the
U.S. Department of Commerce calculations and the Palm Beach Tourist Development
Council is approximately $3.5 million; additional income would be generated by our
neighboring businesses such as restaurants and other service providers of the city; bed tax
of approximately $147,000 and sales tax of $389,000 for a total of a $7 million impact.
Mr. Abbo stated indirect impacts are other jobs created by the restaurants and retails that
would feel this $3 million income and based on the resources quoted would bring about
28 additional jobs and those jobs would generate additional revenue of $5.6 million for a
total impact of 60 jobs and $12.5 million. Mr. Abbo stated Work for South Florida is one
of their key partners in hiring local.
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.
Diane Colonna, Executive Director of the Delray Beach Community
Redevelopment Agency (CRA), thanked the Commission for allowing them to
reconsider this petition, stated although there is discussion about the hotel the actual
petition in front of the Commission is for the rezoning. Ms. Colonna stated the Central
Business District (CBD) is between 300 -350 feet deep. She stated the type of building
that is allowed in the West Atlantic Overlay District which applies to the CBD the
buildings can go about 150 feet deep from Atlantic Avenue and beyond that has to be
parking. Ms. Colonna stated she believes that the Commission can make a finding that it
is appropriate to rezone this property and it is consistent with the zoning pattern that is in
the area. She stated the City and the CRA have been working for many years on plans
for West Atlantic Avenue. Ms. Colonna stated the CRA has been implementing the West
Atlantic Avenue Redevelopment Plan, the Downtown Master Plan, and was plans that
involved a lot of community input and meetings. Ms. Colonna stated this hotel is a good
use and they have discussed a moderately priced hotel off Atlantic Avenue for many
years. She stated this proposal represents the first substantial private investment since
Atlantic Grove was finished in 2003/2004. Ms. Colonna stated it is an opportunity for
the City and the CRA to get some return and for the community to have a new
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development and a nice entryway to their neighborhood that is moderately priced. It will
be attractive, and could be well used. Ms. Colonna urged the Commission to support this
rezoning and allow the CRA to continue to move forward with attracting new
development on Atlantic Avenue.
Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive
Unit "C ", Delray Beach, FL 33483, stated he feels the hotel would be a wonderful
addition in this area. Mr. Blum stated he is glad the gentleman came back because he
heard the Commissioners last time had some concerns about being a magnet for crime in
the area and he came back and proved that is just not the case.
Vin Nolan, Economic Development Director /CRA, stated in Economic
Development there are three key points: (1) jobs, (2) tax base growth, and (3) wealth
retention and this project in this location has elements of all three. Mr. Nolan stated
when people come to town on business they are not opting for the higher end hotels
because it is too expensive. Mr. Nolan stated the City needs a quality business class
priced hotel to retain those dollars in the community and they travel in and as guests
come in to visit. He encouraged the Commission to support this.
Susan Bedard, 1297 -C Highpoint Way S.E., Delray Beach, FL 33445
(High Point Section 6), inquired if these people have their own construction companies
that come with them and if they do she would like to make sure that minority contractors
are used on this project to the best of our ability.
Mike Malone, President of the Chamber of Commerce, 64 -A S.E. 5th
Avenue, Delray Beach, FL 33483, stated what has been important to business in the
community is: (1) jobs (32), (2) the developer has committed to hire locally, (3)
investment into the community along the Avenue. Mr. Malone stated the proposed hotel
is five blocks away from the interstate and it is a good investment opportunity for the
City to recoup some tax dollars.
Christina Morrison, 2809 Florida Boulevard, Delray Beach, FL 33483,
stated the Commission is not setting a precedent by approving this zoning change. Ms.
Morrison stated this is a perfect private /public partnership between the CRA and the hotel
developer. Ms. Morrison supports this project.
Rosetta Rolle, 301 N.W. 3rd Avenue, Delray Beach, FL 33444, asked
what the lowest annual salary and highest annual salary will be of the people being hired.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 19 -12, the public hearing was closed.
Mr. Dorling had no rebuttal.
Mr. Abbo stated it would range on the experience and position type but the
salaries would range from minimum range to fixed salaries up to $60,000 plus per year.
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Mr. Jacquet asked if minority contractors would be used. Mr. Abbo stated
minority contractors would be used and they have discussed with the CRA about having
some non - required activities but that are beneficial for the community and the project and
advertising the petitioning of proposals and bids for the construction process on site to try
and work in partnering with the CRA towards bringing additional local contractors to
participate in the construction process.
Mrs. Gray inquired about the 32 jobs and the salaries. Mrs. Gray asked
who would maintain these jobs and is there any type of auditing process. Mr. Abbo
clarified that even though the $1 per year is the primary non- revenue producing period of
a hotel and stated that they do expect to pay real estate taxes during that period. He
clarified that it would not wait until the 5"' year. He stated how they monitor it is they
participated with local and state governments with such grants like the CDBG grants.
Mr. Abbo stated they are happy to report any consistent governmental method that they
can prove that they are self- monitoring on an. annual basis or a bi- annual basis they can
offer proof of compliance. Mr. Abbo stated this property would have local staff made up
of management (5 positions would be of the highest pay grade and the others would be
hourly of varying compensation amounts depending on experience and the position that
they fill.
Mrs. Gray asked if this was included in the RFP and most of the properties
were included but when they actually made their proposal was that including that. Mr.
Nolan stated the CRA overtime has put out different RFP's on this property and other
properties and they have always been offered with the full knowledge of the developer
that it is incumbent upon them at the point of application to go through the rezoning
process.
Mrs. Gray stated the parking lot is also included in the RFP that was sent
out along with making sure that they had the proper financing in place and understands
that the CRA is giving a $1.5 million loan. Mrs. Gray expressed concern over the
additional public parking being constructed closer to S.W. 1t. Mrs. Gray stated when she
read the RFP their proposal asked for the CRA to reimburse them for the parking lot. Mr.
Nolan stated there was a point in bone during the initial phases of the proposal and subject
to negotiation that was modified and the CRA is not providing parking to them at this
point in time. Furthermore, Mr. Nolan stated the CRA is providing as part of the CRA
work plan for improvements in the neighborhood.
Ms. Colonna stated where they are putting the parking lot now (which is
across from the Palm Manor apartment complex) those lots were made available as part
of the RFP and if someone wanted to utilize them. She stated when the CRA got the
proposal in and finalized the contract and it did not include these lots, the CRA went
ahead with their own project to design a parking lot and build a parking lot for Palm
Manor. Ms. Colonna stated it will also be available to be shared by the church so it will
be public parking for those uses. Mrs. Gray clarified that it would not be restricted for
hotel use.
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Mr. Nolan stated he will be doing the tracking. Mr. Nolan stated the CRA
built into the Development Infrastructure Assistant Agreement, which is the TIF revenue
incentives they will be getting, for public infrastructure improvements surrounding this
hotel.
Mrs. Gray asked if the people in her community are okay with the
rezoning because the CRA noted that there was an issue with moving the 150 foot lot and
she brought it up to staff to bring that forward to the Commission because she knows how
difficult it is to get some type of redevelopment there. Mr. Nolan referenced a letter from
WARC who has met with community groups in the neighborhoods indicating that they
are in support of this.
Ms. Colonna stated this will be one of the issues discussed at the WARC
Workshop meeting September 8, 2012 to talk about the development of the area and
whether or not the plans that have been adopted are still relevant.
Mayor MCDuffie stated from ad valorem tax standpoint the Property
Appraiser's office is going to look at the following three approaches to value: (1) cost,
(2) income, and (3) market. He stated they are going to look at those three approaches to
value and which are the most appropriate of those approaches and that will be the value
that is placed on the hotel.
Mrs. Gray inquired if the applicant has his flag. Mr. Abbo stated they
have since the beginning contemplated the use of a Marriott brand on this hotel and they
have been in front of a committee and to get to the next level of approval they have to
prove that this is an approved site. Mr. Abbo stated there are a couple of things that they
have to prove to them to get a franchise agreement and it has to be site controlled and
approvable. Mr. Abbo stated they are trying to show them how they are making progress
toward an approvable site that they can then assess and final design. He stated so far the
conditions that they have with the CRA require a Marriott or Hilton flag.
Mrs. Gray stated originally she was not in support of this project.
However, Mrs. Gray stated the RFP which made her very happy because her concern was
that there would be a hotel with nothing else built around it. Mrs. Gray asked when they
will be sending out another RFP so that this project will not be there alone. Mr. Nolan
stated towards the end of this year would be the next time the CRA would issue a new
RFP.
Mr. Abbo stated a hotel allows for people to come and experience the city
at a price point that is necessary to succeed. He stated being able to stay in the city that
you are asking them to invest in is a very important contributing factor. Mr. Abbo stated
they are going to bridge the gap that exists to new construction, new development, new
fresh current activities that are occurring a bit further east and they want to participate in
bringing it to the community further west and closer to 1 -95. Mr. Abbo stated one of the
City's top goals of 2006 is expanding the downtown from A -i -A to 1 -95.
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Mr. Jacquet stated there are not many places to stay in Delray and we need
something closer to I -95. He stated people come to Delray Beach to spend money here
and leave but leave all the benefits for us and feels this is a great opportunity to capture
that specifically to the western community there is no place for people to stay except for
neighboring cities. Mr. Jacquet stated this gateway project is going to be beautiful for
Delray Beach when people get off I -95 he feels development has more than begun. Mr.
Jacquet stated the hotel will be another thing to be proud of and that will help stimulate
and push more development on West Atlantic Avenue. He stated his personal preference
would be to not have a hotel first; he would prefer to have seen a food market, grocery
store, or medical office first but he understands what this project can do for that area. Mr.
Jacquet stated everyone has agreed on this issue including the Chamber of Commerce,
the CRA, WARC, Christina Morrison, Chair of FRS (although the comments were in her
position as Chair of the FRB), and a letter from the Delray Beach Police Department
states that they think they can handle whatever issues we may have. Mr. Jacquet stated a
vote against this is a vote against the best interest of the community and a vote against the
best interest of Delray Beach.
Mr. Carney stated the developer has assured that there will be minority
businesses involved in this process and community involvement in this process. He
stated this was the rezoning of a small piece of laud to invite an entire project in to be put
forward.
Mr. Frankel thanked everyone for their presentations. Mr. Frankel stated
Commissioner Jacquet asked for a reason against his position. Mr. Frankel stated the
Delray Beach Police Department has a document called "hotel research" that looked at
various hotels from January -June 2012 with their crimes and calls of service. Mr.
Frankel stated the Days Inn in West Palm Beach had 62 total documented calls for
service where they had rape, robbery, prostitution, vehicle impoundment, stolen vehicles,
suspicious vehicles, and suicides. Mr. Frankel stated that is not to say that all of the
hotels are like that. He stated he was very vocal about his concern for having any 24-
hour business hotel or otherwise right off of I -95. Mr. Frankel stated he understands the
Police Department's official position but he has also spoken to other officers (some
retired and some not) about his concerns about any hotel or 24 -hour business right off I-
95. Mr. Frankel stated the developer put forth a presentation that the City did not have a
month ago and he believes that this is a good first step. Mr. Frankel stated it is important
that should this go forward that every safety precaution needs to be put in place not only
in the parking lot as well as inside the hotel. Mr. Frankel stated he is okay with this
tonight but going forward he needs to be assured that these security measures are in
place; that a thorough CPTED report is done.
Mayor McDuffie stated he feels that we have all heard the reasons there
was no second to the motion the last time the Commission had this meeting. Mayor
McDuffie stated although he has some concerns about security like Commissioner
Frankel he supports this this evening.
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08/21/12
Mr. Frankel moved to approve adopt Ordinance No. 19 -12 on Second and
FINAL 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.
At this point, the time being 8:42 p.m., Mr. Frankel left the meeting.
10.C. ORDINANCE NO. 0142: 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 "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.
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 ", SEC'T'ION 2.2.6,
"THE HISTORIC PRESERVATION BOARD ",
SUBSECTIONS (A), "CREATION ", (B),
"COMPOSITION AND SPECIAL QUALIFICATION ",
AND (D), "DUTIES, POWERS, AND
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),
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"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
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
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COMPATIBILITY STANDARDS; BY REPEALING
SUBSECTIONS (1), 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 "; (M), "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 (1), "LOCAL REGISTER OF HISTORIC
PLACES ", TO COLLECTIVELY LIST ALL HISTORIC
DISTRICTS AND INDIVIDUALLY DESIGNATED
PROPERTIES; AND (J), "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..
(The official copy of Ordinance No. 01 -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 city -
initiated text amendment pertaining to historic preservation matters regarding board
responsibilities and clarification of review criteria. Mr. Dorling stated it is a clarification
and reorganization of additional of existing language which is in the Code. He stated the
summary is identified under the background section in the memorandum and identifies
those sections which are being reorganized and re- clarified.
At its meeting of May 16, 2012, the Historic Preservation Board (HPB)
considered these amendments and recommended approval; at its meeting of May 21,
2012, the Planning and Zoning Board considered the amendments and the Board had
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08/21/12
three minor revisions which related to first floor maximum height issues, garage door
styles and discussion as it related to laypersons being able to fill seats reserved for
professionals if those professionals were not available. Mr. Dorling stated all three of
those changes discussed by the Planning and Zoning Board have been incorporated in the
ordinance and staff recommends approval.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 01 -12,
the public hearing was closed.
Mrs. Gray moved to adopt Ordinance No. 01 -12 on Second and FINAL
Reading, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr.
Carney — Yes; Mr. Jacquet --- Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion
passed with a 4 to 0 vote.
10.D. 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.
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 61H 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
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.
Mr. Carney disclosed that he did represent the purchaser of this property
and stated he has no interest in this phase of the transaction.
Paul Dorling, AICP, Director of Planning and Zoning, stated this is
approval to individually designate a property located at 290 S.E. e Avenue originally
known as the Adams Auto Dealership and to list it in the Local Register of Historic
Places. Mr. Dorling stated the property contains a Mid - Century Modern style building
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08/21/12
designed by Sam Ogren, Sr. in 1949 and built in 1950 as an auto showroom, garage, and
most recently auto repair and retail establishment. He stated it has been vacant for
several years and the new owner is seeking designation and will adaptively reuse the
building into office and retail space to be known as the 21 Drops building. Mr. Dorling
stated this recently went through approval and this is the proposed elevations. He stated
to meet and qualify as a historic site it needs to meet certain LDR criteria and this fulfills
criteria under LDR Section 4.5.1(B)(2) and LDR Section 4.5.1.(B)(3). The designation
request was considered by the Historic Preservation Board (HPB) at their July 18, 2012
meeting at which time the Board recommended approval.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 24 -12,
the public hearing was closed.
Mr. Carney moved to adopt Ordinance No. 24 -12 on Second and FINAL
Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr.
Jacquet — Yes; Mrs. Gray — Yes; Mayor McDuffie -- Yes; Mr. Carney — Yes. Said motion
passed with a 4 to 0 vote.
10.E. 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.
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
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08/21/12
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
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.
Richard Hasko, Director of Environmental Services, stated this is the
second reading for this ordinance revision and it is a required revision to the City's
ordinance as a result of review for both us and Boynton Beach by FDEP (Florida
Department Environmental Protection) to bring our sewer ordinances into compliance
with their current requirements.
Mayor McDuffie declared the public hearing open. There being no one
fiom the public who wished to address the Commission regarding Ordinance No. 25 -12,
the public hearing was closed.
Mr. Jacquet asked with the language change is all its doing is conforming.
Mr. Hasko stated it is a streamlining process of primarily the industrial pretreatment
portion of the City's ordinance which Delray has to have in place as does Boynton Beach
because of the permitting for the wastewater plant that we share. Mr. Hasko stated both
of those ordinances are reviewed annually and primarily look at the local limits for
contaminants but this particular year they had this overall streamlining effort and actually
went through and reviewed the entire ordinance. Mr. Hasko stated the majority if not all
the changes are primarily administrative.
Mrs. Gray moved to adopt Ordinance No. 25 -12 on Second and FINAL
Reading, seconded by Mr. Carney. Upon roll call the Commission voted as follows:
Mrs. Gray — Yes; Mayor McDuffze — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes. Said
motion passed with a 4 to 0 vote.
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08/21/12
10.F. RESOLUTION NO. 38 -12 /CONTRACT FOR SALE AND
PURCHASE /2707 S.W. 2ND STREET: Consider approval of Resolution No. 38 -12, a
contract for sale and purchase, authorizing the City to sell the Neighborhood Stabilization
Program (NSP) property located at 2707 S.W. 2nd Street to Santiago Gutierrez for the
purchase price of $100,000.00 or appraised value and provide subsidy up to $25,000
secured by promissory note and second mortgage.
The caption of Resolution No. 38 -12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE CITY TO SELL REAL
PROPERTY IN PALM BEACH COUNTY, FLORIDA,
AS DESCRIBED HEREIN, HEREBY INCORPORATING
AND ACCEPTING THE CONTRACT STATING THE
TERMS AND CONDITIONS FOR THE SALE AND
PURCHASE BETWEEN THE BUYER AND THE CITY
OF DELRAY BEACH, FLORIDA.
(The official copy of Resolution No. 38 -12 is on file in the City Cleric's
office.)
The City Attorney read the caption of the resolution. 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.
Al Berg, Assistant Director of Community Improvement, stated this is a
resolution for a Contract for Sale and Purchase of a property located at 2707 S.W. 2" d
Street through the City's Neighborhood Stabilization Program (NSP). Staff recommends
approval.
Mayor McDuffie declared the public hearing open.
Christina Morrison, 2809 Florida Boulevard, Delray Beach, FL 33483,
stated she is glad to see more property on the tax roll.
There being no one else from the public who wished to address the
Commission, the public hearing was closed.
Mr. Carney moved to approve Resolution No. 38 -12, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr.
Carney — Yes; Mr. Jacquet — Yes; Mrs. Gray — Yes. Said motion passed with a 4 to 0
vote.
At this point, the time being 8:58 p.m., the Commission moved to Item
11, Comments and Inquiries on Non - Agenda Items from the City Manager and the
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08/21/12
Public.
11.A. City Manager's response to prior public comments and inquiries.
The City Manager had no comments on prior public comments and
inquiries.
11.B. From the Public.
11.B.1. Gail Lee McDermott, 721 S.E. 3rd Avenue, DeIray Beach, FL 33483
Osceola Park stated the boundaries of Osceola Park are S.E. 2n Street to S.E. 10 and
S.E. 2" d Avenue to Federal Highway. Ms. McDermott stated S.E. 2nd Avenue is
industrial, light industrial, retail, and Osceola Park is actually surrounded by business.
She stated the houses are individual families, a mixture of duplexes, but around them
particularly on the FEC tracks it is commercial. Ms. McDermott stated Sergeant
Weatherspoon of the Police Department asked if Osceola Park would consider a cleanup.
On July 21, 2012, the P.O.P. (Problem Oriented Policing), a number of residents, and
Jennifer Costello, went to that part of the neighborhood and parts of what they cleaned up
have been used as toilets. She stated they are going to continue to keep taking care of it
because this is an entryway into Osceola Park's portion of the city and they care about it.
Ms. McDermott stated there is no charge to the City except for a large box of black trash
bags and gloves.
Mr. Carney stated they do great work in Osceola Park and asked when the
next Art in the Alley event is. Ms. McDermott stated they are looking at a cleanup in
October.
Mr. Jacquet thanked Ms. McDermott for being a great leader in Osceola
Park and the P.O.P. for organizing this.
Mrs. Gray thanked Ms. McDermott and all the volunteers in the
community for cleaning up the area. Mrs. Gray stated in one of the Strategic Planning
meetings there was discussion about how they can get a handle on the litter throughout
the city. She asked if there is anything the City can do such as tightening up the
ordinances or codes to help with this problem. The City Attorney stated this all comes
down to enforcement.
Mayor McDuffie suggested making notification on the City's website.
The City Manager stated Code Enforcement can write the property owners
and make them clean up the property; however, with regard to -the people that are doing
the littering a police officer has to witness the individual throwing the litter down. Mrs.
Gray stated she understands that we cannot identify people littering all the time. The City
Manager stated the City Attorney can research other cities to see what they have.
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08/21/12
11.8.2. Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, suggested that
the Commission consider moving the public comments earlier in the meeting preferably
at the beginning of the meeting.
Secondly, Mrs. Finst stated the City Commission and Mayor have been
involved in setting up a committee known as the Mayor's Committee headed by Janet
Meeks to increase reading levels of children in Delray Beach schools as a part of the All
American City Campaign. She stated Commissioners have also been assigned to monitor
schools in Delray Beach. Mrs. Finst stated she would like to propose that a report on the
progress of these activities be given to the public on a quarterly basis either at a workshop
or regular meeting to keep the public informed on what is going on in the schools and the
campaign to increase grade level reading in Delray Beach.
At this point, the time being 9:05 p.m., the Commission moved to Item
9.A.A. (formerly Item 8.I.).
9.A.A. SPECIAL EVENT REQUEST /13TH ANNUAL DOWNTOWN
DELRAY BEACH THANKSGIVING WEEKEND ART FESTIVAL: Approve a
special event request for the 13th Annual Downtown Delray Beach Thanksgiving
Weekend Art Festival to be held on November 24 -25, 2012 from 10:00 a.m. until 5:00
p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the use of N.E. 2nd
Avenue from the alley just north of Atlantic Avenue to approximately 400 feet north of
N.E. 3rd Street, leaving an access lane to the City Walk parking garage, and to authorize
staff support for traffic control, security, and Fire Inspector with the sponsor paying all
overtime costs.
Mr. Carney stated he asked Mr. Barcinski to go through what people are
paying and not paying for the following four events and why.
Robert A. Barcinski, Assistant City Manager, stated in the case of all four
(4) of these events what the City is requesting them to pay is based on the policy changes
the City Commission made a couple of months ago that will take effect for all events
beginning October 1, 2012.
Mr. Barcinski stated this item is to approve a Special Event Permit for the
13u' Annual Downtown Delray Beach Thanksgiving Weekend Art Festival to be held on
November 24 -25, 2012 from 10:00 a.m. until 5:00 p.m., street closure request, and staff
support. Mr. Barcinski stated the Event Producer will be paying 100% of all costs. The
overtime is estimated at $6,583 and the administrative fee of 5% is $329 for an estimated
total cost of $6,912. Mr. Barcinski stated they also want to use the north City Hall lot.
Staff recommends approval of the permit, temporary use permit for street closure, staff
support for police traffic control and security, and Fire Inspector with the sponsor paying
all overtime costs.
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Mr. Carney moved to approve Item 9.A.A. (formerly Item 8.I.),
seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Carney —
Yes; Mr. Jacquet — Yes; Mrs. Gray — Yes; Mayor McDuff e — Yes. Said motion passed
with a 4 to 0 vote.
9.A.A.A. SPECIAL EVENT REQUEST /18TH ANNUAL DOWNTOWN
DELRAY BEACH CRAFT FESTIVAL: Approve a special event request to endorse
the 18th Annual Downtown Delray Beach Craft Festival sponsored by Howard Alan
Events, Ltd. to be held October 6 -7, 2012 from 10:00 a.m. to 5:00 p.m., to grant a
temporary use permit per LDR Section 2.4.6(F) for the closure and use of N.E. 4th
Avenue from Atlantic Avenue to S.E. 1st Street and from Atlantic Avenue to N.E. 1st
Street, to utilize the north end of the Hands parking lot for vendor parking; and to provide
staff support for traffic control and security, and fire inspection services.
Robert A. Barcinski, Assistant City Manager, stated this item is approval
for a Special Event Permit for the 18tt' Annual Downtown Delray Beach Craft Festival
being held October 6 -7, 2012 from 10:00 a.m. until 5:00 p.m. to grant a temporary use
permit per LDR Section 2.4.6(F) for use of NE e Avenue from Atlantic Avenue to NE
1 st Street and from Atlantic Avenue to SE 1st Street, to utilize the north end of the Hand's
parking lot for vendor parking and to authorize staff support for traffic control, security
and fire inspection services. Mr. Barcinski stated the estimated overtime is $5,874 and
the estimated administrative fee is $294 for a total of $6,168. The event sponsor will pay
100% of all City costs.
Mr. Carney moved to approve Item 9.A.A.A. (formerly Item 8.1),
seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Jacquet
— Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed
with a 4 to 0 vote.
9.A.A.A.A. SPECIAL EVENT REQUEST /26TH ANNUAL TURKEY TROT:
Approve a special event request to allow the 26th Annual Turkey Trot to be held on
Saturday, November 17, 2012 from 7:00 a.m. until approximately 9:00 a.m., including a
temporary use pen-nit per LDR Section 2.4.6(F) for the closure and use of A -1 -A from
Casuarina to George Bush Boulevard from 4:00 am. to approximately 9:00 a.m., and
authorize staff support for traffic control, barricading, clean up, use of half of small stage,
event signage and waiver of parking meter fees for Sandoway, Ingraham, and Anchor
Parking Lots and along Atlantic Avenue from Venetian to A -1 -A from 6:30 a.m. until
approximately 9:30 a.m.
Robert A. Barcinski, Assistant City Manager, stated this is item is
approval for the 26th Annual Turkey Trot. Mr. Barcinski stated this event is produced
and sponsored by the Parks and Recreation Department to be held on November 17, 2012
from 7:00 a.m. to approximately 9 :00 a.m. requesting street closure of A -1 -A from
Casuarina Road to George Bush Boulevard and to authorize staff support and waiver of
parking meter fees for these lots during the race. This is a City event and the estimated
overtime cost for this event is $2,955, stage rental (if we were charging it) $265,
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barricade rental $220 and signage $250 which is a total $3,690. Staff recommends
approval.
Mr. Carney moved to approve Item 9.A.A.A.A. (formerly Item 8.K.),
seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray —
Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes. Said motion passed
with a 4 to 0 vote.
9.A.A.A.A.A. SPECIAL EVENT REQUEST /ON THE AVE.' Approve a special
event request to endorse On the Ave to be held on October 18, 2012 from 6:00 p.m. to
10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of
Atlantic Avenue from Swinton to the west side of N.E. /S.E. 6th Avenue, Railroad
Avenue from Atlantic to 150 feet north of the east /west alley, and to the alleys north and
south of Atlantic on N.E. /S.E. 1st Avenue, N.E. /S.E. 2nd Avenue, S.E. 3rd Avenue and
N.E. /S.E. 4th Avenue; to authorize staff support for security and traffic control, EMS
assistance and fire inspection, banner hanging and removal, event signage, barricade set
up and removal, and trash removal and clean. up.
Robert A. Barcinski, Assistant City Manager, stated this item is to approve
a Special Event request to approve a special event permit for "On the Avenue" on
October 18, 2012 from 6:00 p.m. to 10:00 p.m. Mr. Barcinski stated the Event Producer
is the Delray Beach Marketing Cooperative (DBMC). This request also includes a street
closure from Swinton Avenue to S.E. 6tn Avenue and staff support. He stated this request
is being done in conjunction with "Get the Vote Out" as part of the Presidential debates at
Lynn University. Mr. Barcinski stated per the Event Policies Commission set the DBMC
and Old School Square will be paying 50% and DBMC is to pay City 50% for all
overtime costs and 100% of all the other costs and 5% administrative fee of the overtime,
and their estimated cost to be paid back is $3,752. Staff recomrends approval of the
permit, street closures, and staff support.
Mr. Carney moved to approve Item 9.A.A.A.A.A. (formerly Item 8.L.),
seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor
McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mrs. Gray — Yes. Said motion
passed with a 4 to 0 vote.
At this point, the time being 9:13 p.m., the Commission moved to Item
9.C. of the Regular Agenda.
9.C. SITE PLAN EXTENSION REQUEST /36 S.E. 1sT AVENUE:
Consider a request to extend the site plan for twenty -four (24) months for the property
located at 36 S.E. 1St Avenue. (Quasi- Judicial Hearing)
Mayor McDuffie read the City of Delray Beach Quasi - Judicial Hearing
rules into the record for this item and all subsequent Quasi - Judicial items.
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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. The Commission had no ex parte communications to disclose. It is
noted that Mr. Frankel was absent at this time.
Paul Dorling, AICP, entered the Planning and Zoning Department project
file #2008 -064 into the record.
Jinn Zengage, 1120 South Federal Highway, Delray Beach, FL
(applicant), stated they agree with staff.
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. There being no
one else from the public who wished to address the Commission regarding the site plan
extension request, the public hearing was closed.
Mr. Jacquet asked for clarification and stated in 2008 HPB made a
decision that was appealed to the Commission and two years later in 2010 they requested
an extension for two years. Mr. Dorling stated the extension request came to
Commission and they granted that initial request. Mr. Dorling stated the relocation of the
house to 5t' and 2`1 has occurred but none of the construction has occurred.
Mr. Zengage stated this is strictly market driven and they donated the
house to the CRA and they moved it to the West Settlers District. He stated with the
economy starting to take a turn for the better they will have a better opportunity during
this extension period.
Mr. Carney asked if there are any material changes that have occurred in
the LDRs from the time of this project's approval to now. Mr. Dorling stated the primary
one is that of the changes to the lighting plan and that is why condition #3 was applied in
2010.
Mrs. Gray stated she looks forward to the project and it is much needed in
that block.
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 (approving the
site plan extension to be valid until August 19, 2014 subject to the conditions described in
Exhibit "A" and the staff report), seconded by Mrs. Gray. Upon roll call the Commission
voted as follows: Mr. Carney — Yes; Mr. Jacquet — Yes; Mrs. Gray — Yes; Mayor
McDuffie — Yes. Said motion passed with a 4 to 0 vote.
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9.B. REQUEST TO EXTEND TIMEFRAME/ DELRAY PLACE:
Consider a request to extend six (6) additional months (in addition to the 6 months
previously granted) to submit a privately sponsored rezoning from POC (Planned Office
Center) to SAD (Special Activities District for 9.95 acre for Delray Place, located at 1801
and 1845 South Federal Highway. (Quasi- Judicial Hearing)
Mayor MCDuffie asked the Commission to disclose their ex parte
communications. Mr. Jacquet stated he spoke to Attorney Jeffrey Lynne on this issue and
Mr. Carasello previously. Mr. Carney stated he spoke with Attorney Jeffrey Lynne,
former Commissioner Fred Fetzer, former Commissioner Jon Levinson, Kelli Freeman, a
group of interested people that live in the Tropic Isle area on this issue, and also received
some emails. Mrs. Gray stated she spoke with Attorney Jeffrey Lynne, received emails
from Kelli Freeman and others some opposed and some in favor to extend the timeframe.
Mayor McDuffie stated he has spoken to Attorney Jeffrey Lynne, Mr. Carasello, and
received pro and con emails.
Paul Dorling, AICP, Director of Planning and Zoning, stated this is a
request for up to an additional six months on top of the six months that were previously
granted to a privately sponsored rezoning from POC (Planned Office Center) to SAD
(Special Activities District) for a 9.95 acre property located at the southeast comer of
Linton Boulevard and Federal Highway. Mr. Dorling stated this was part of a request
that came before the Commission and in deliberations there was a consensus to seek an
SAD zoning. The applicant was granted that six month period and they have since that
time pursued that direction in working and meeting with staff and neighbors in the
process of preparing a site plan which is required as part of that SAD zoning request.
The previous six months would have required that the SAD site plan and zoning request
be finalized by October 3, 2012. Mr. Dorling stated the intent to submit the SAD and
the site plan by September 7, 2012. He stated given the schedule they have shown in
their letter they would not be able to achieve final consideration by City Commission on
second reading until the mid - December and that has been requested by the applicant. Mr.
Dorling stated that requires an extension of that original six months.
Jeffrey Lynne, Weiner, Lynne & Thompson, P.A., 1.0 S.E. f Avenue=
Delray Beach, FL 33444, stated he spoke with the City Attorney and Mr. Dorling
because they have since replaced their prior agent. Mr. Lynne made reference to the
motion for April 3, 2012 minutes for Item 10.A. Ordinance No. 05 -12. Mr. Lynne stated
the request before the Commission on April 3, 2012 was based upon a letter by Mr.
Michael Covelli based upon the direction given by the Commission that the applicant
seeks the SAD rezoning which then required his client to develop a site plan and they
asked for six (6) months to do that. Mr. Lynne stated they anticipate submitting the site
plan September 7, 2012 assuming there are not significant changes requested by the
homeowners. Mr. Lynne stated they are really before the Commission asking for an
extension of time but it is just clarification that the motion Mr. Jacquet gave that evening
that was seconded and approved was that the applicant had six (6) months to get their site
plan, architects, and developers_ and submit the application. Mr. Lynne stated if the intent
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was that there be final consideration to be before the Commission for final determination
by October 3, 2012 then they are asking for more time.
Brief discussion between the City Attorney and the Commission followed.
Mayor McDuffie stated the text does not state what that six month
deadline covered. The City Attorney stated he understands that is their argument and an
argument can be made to get the ordinance back in front of the Commission for second
reading. The City Attorney stated there is no way they can accomplish that with the
revised SAD ordinance because what staff was hoping to see was that the applicant
would be coming back with first reading on the SAD and at the same meeting they would
withdraw the ordinance that is still pending out there under the other zoning category that
they came in for.
Mr. Dorling clarified that this six (6) month extension was one that was
requested by the applicant at the meeting and was not something that. staff suggested or
that the Commission had originally entertained. Mr. Dorling stated when it was on the
table by the applicant there was a motion to support the applicant's request of a six (6)
month extension and the assumption was that it would be back before the Commission
within that six (6) months. He stated that is why he and the City Attorney have this
position that they are not going to be able to meet that expectation and per the applicant's
request, he has required a little more time.
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.
Christina Morrison, 2809 Florida Boulevard, - Delray Beach, FL 33483,
stated this developer was facing a rejection and there was substantial pushback from the
neighborhood to this development. Ms. Morrison stated if he was rejected he would have
to wait a year to re- submit so he asked for a six (6) month extension. She stated a two (2)
month extension is more than enough. Ms. Morrison commented about a meeting outside
the city where this developer was presenting the plan that showed the buildings pushed
all the way back into the neighborhood not on the street and she strongly objects to this.
Mayor McDuffie stated what they present outside does not matter but
what matters is what they present here.
Mr. Carney commented about the SAD designation.
Gerry Franciosa, 939 Eve Street, Delray Beach, FL 33483, stated he
has been following this from the beginning of this and asked what the legality is and what
the basis is for the applicant's request of an extension. Mr. Franciosa stated they applied
for a PC zoning change from POC. Mr. Franciosa stated it is his opinion that the
applicant is trying to get an extension so that they get an approval for a site plan and not
be required to go under the new regulations of the LDRs which are going to be presented
on the South Federal Highway Overlay Plan. He distributed a letter to the Commission
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from Mr. Lynne quoting LDR 2.4.4(E) as being the reason why he is asking for an
extension. Mr. Franciosa stated extensions are for approved projects and they are asking
for an extension of what. Mr. Franciosa stated this Ordinance No. 5 -12 came before the
Commission on March 20, 2012. There was discussion and four Commissioners said
they were against it and former Commissioner Alperin suggested that maybe the
applicant would like to consider a zoning of SAD. It was postponed to the following
Commission meeting of April 3, 2012 and at that time the applicant said they would like
to have six (6) months to consider what they are going to do with the PC zoning or SAD
zoning which expires on October 3, 2012. Mr. Franciosa stated this should go to October
3, 2012 and the applicant should make a decision as to whether or not they are going to
withdraw their PC application and favor SAD, or do they want a vote from the
Commission to go to PC.
The City Attorney stated there is no Board Order because this is not based
on the normal extension request that we see in the LDRs. The City Attorney stated the
motion was made for the period to continue the second reading of that ordinance for a
period not to exceed six (6) months. He stated that is why staff said to the applicant that
they need to get in front of the Commission otherwise staff will need to bring this
ordinance back to the Commission in accordance with their last motion for them to vote
on. The City Attorney stated in order for us not to do that, this is before the Commission
tonight to take action on to see if the Commission wishes to extend that continuation.
There being no one else from the public who wished to address the
Commission, the public hearing was closed.
Mr. Dorling and Mr. Lynne had no rebuttal.
Mr. Carney moved to approve the request to extend the timeframe to six
(6) months for Item 9.B., seconded by Mrs. Gray. Upon roll call the Commission voted
as follows: Mr. Jacquet — Yes; Mrs. Gray — Yes; Mayor McDufEe — Yes; Mr. Carney —
Yes. Said motion passed with a 4 to 0 vote.
9.D. ADOPTION OF THE SOUTH FEDERAL HIGHWAY
REDEVELOPMENT PLAN: Consider adoption of the "South Federal Highway
Redevelopment Plan", which covers the commercial properties on both sides of South
Federal Highway between Linton Boulevard on the north and the city limits to the south.
Ron Hoggard, AICP, Principal Planner, stated in 2008 a policy was added
to the Comprehensive Plan in Amendment 2008 -1 to do a redevelopment plan for South
Federal Highway. Mr. Hoggard stated that was in response to the economy doing a
downturn then and a major impact on automotive uses. He stated there was a concern
that if the dealerships in that area suddenly started pulling out what would happen to the
properties in that area. Mr. Hoggard stated since the 2010 attempt to do Wal -mart on the
former Ralph Buick property staff realized that there was a concern with regard to
compatibility with the neighborhood for any development in that area. He stated the Plan
was expanded to address more completely address compatibility issues which are now
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incorporated into the Plan. Mr. Hoggard stated the existing land uses are Automotive
Commercial (AC) and General Commercial (GC) and they make up over 50% of the land
uses in the area and are just less than 141 acres; 50% of the property is Automotive
Commercial. Mr. Hoggard briefly reviewed the changes recommended by the Planning
and Zoning Board and staff's recommendations. Staff recommends approval of the
South Federal Highway Redevelopment Plan based on positive findings that it supports
and furthers the Goals, Objectives and Policies of the Comprehensive Plan.
Mrs. Gray asked if there will be buffers for the backside as well. Mr.
Hoggard stated the backside is the 25 feet with the double rows of trees; if you are on
Federal Highway with this change you are able to move the building up to the front. Mrs.
Gray thanked staff for addressing people's issues and concerns.
Mr. Carney stated he appreciates all the work that has gone into this and
noted that he has had conversations with people who have expressed concerns about the
size of the buildings on the east side of Federal Highway. He stated instead of allowing
them to go up to 50 feet is there a process that they have to go through. Mr. Carney
stated he would like to review this because it will allow him to ask people in the
neighborhood some questions. Mr. Hoggard explained that it is not the building size of
50,000 square feet; it is the maximum individual single tenant that cannot exceed 50,000
square feet.
Prior to the vote, an unidentified woman stepped forward and noted she is
the Court Counsel for the land owner of the Ralph Buick property and entered a letter
into the record outlining their concerns with the proposal. It was noted that the first letter
is attached in the agenda backup; however, this is a second letter.
Mr. Carney moved to postpone the adoption of the South Federal Highway
Redevelopment Plan to a date certain of September 4, 2012, seconded by Mrs. Gray.
Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie —
Yes; Mr. Carney — Yes; Mr. Jacquet — Yes. Said motion passed with a 4 to 0 vote.
9.E. CITY MANAGER RECRUITMENT PROCESS: Discuss the
recruitment process to select a new City Manager.
The City Manager stated in order to initiate the process the first decision
that needs to be made is what kind of process the Commission wants.
Mayor McDuffie stated he likes the Range Rider Program.
Mr. Carney stated he would like to do a national search and feels the City
is better off with a third party rather than doing that internally.
Mrs. Gray supports the Range Rider process.
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The City Manager explained the former process and stated there was a
committee that had two managers on it; one retired and one active and five prominent
citizens. He stated the committee worked on getting a short list and the short list
candidates were interviewed individually by the Commissioners individually. The City
Manager stated that evening there was a reception where community leaders were invited
to meet the candidates and the next day there was a public interview where there was a
meeting in the Chambers and the candidates were brought in one at a time and the
Commission asked questions and the public was present to witness that.
Mr. Carney reconfirmed that this will come back to the City Commission.
The City Manager stated staff will start in that direction and try to move
things along as rapidly as possible. He stated the process will take approximately 4 -7
months.
Mr. Jacquet stated his choice would be to support the Professional Firm
because he thinks it is that important and we get the benefit of their recent search in
Melbourne. However, Mr. Jacquet stated it is the Commission's decision.
It was the consensus of the Commission to support the Range Rider
process.
9.F. CHANGE ORDER NO. 4 /FOSTER MARINE CONTRACTORS,
INC.: Consider approval of Change Order No. 4 with Foster Marine Contractors, Inc. in
the amount of $11,844.45 for the Auburn Avenue Improvement Project. Funding is
available from 334 - 3162 -541 -68.65 (General Construction Fund: Other
Improvement/Auburn Avenue Improvements).
Richard Hasko, Director of Environmental Services, stated this is a request
for approval of a change order for Foster Marine on the Auburn Avenue improvement
Project for $11,844.45. Mr. Hasko stated this has to do with the reconstruction of the
driveway access to Storage America. He stated it was built to South Florida Water
Management District requirements and their perimeter grades are fairly high. Mr. Hasko
stated the driveway that was originally there was steep to begin with because of that. He
stated the problem arose when originally the driveway connected directly to the edge of
pavement. The sidewalk has a maximum slope on it so it could not come up as steep
from the edge of pavement as the former driveway and therefore they lost 5 feet of
horizontal width to make up. Mr. Hasko stated this is not really a problem with
passenger vehicles or small moving trucks but because of the slope that was built there
they rent storage space to commercial companies such as landscaping companies. He
stated they had vehicles going in and out of there towing trailers and there is some gouge
in the asphalt because the trailer hitch is catching there. Staff has been working with the
owner to go into the property to slighten the slope to 10% or 12% to help minimize the
issue.
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Mr. Carney moved to approve Change Order No. 4 with Foster Marine
Contractors, Inc. in the amount of $11,844.45, seconded by Mrs. Gray. Upon roll call the
Commission voted as follows: Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet ---
Yes; Mrs. Gray — Yes. Said motion passed with a 4 to 0 vote.
9.G. APPOINTMENT TO THE NUISANCE ABATEMENT BOARD:
Appoint one (1) regular member to serve an unexpired term ending July 31, 2013 to the
Nuisance Abatement Board. Based upon the rotation system, the appointment will be
made by Commissioner Carney (Seat #1).
Mr. Carney moved to appoint Carol Anderson as a regular 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. Carney — Yes; Mr.
Jacquet — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed with a 4 to
0 vote.
9.H. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1)
regular member to the Education Board to serve an unexpired term ending July 31,
2013. Based upon the rotation system, the appointment will be made by Commissioner
Gray (Seat #4).
Mrs. Gray stated she would like to defer her appointment to the next
regular meeting of September 4, 2012.
9,_I. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one
(1) alternate member to the Civil Service Board to serve an unexpired term ending July 1,
2014. Based upon the rotation system, the appointment will be made by Commissioner
Gray. (Seat #4).
Mrs. Gray moved to appoint Kristin Christensen as an alternate member to
the Civil Service Board to serve an unexpired term ending July 1, 2014, seconded by Mr.
Jacquet. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mrs. Gray
— Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed with a 4 to 0 vote.
9.J. APPOINTMENTS TO THE BOARD OF ADJUSTMENTS:
Appoint three (3) regular members to the Board of Adjustments to serve two (2) years
terms ending August 31, 2014. Based upon the rotation system, the appointments will be
made by Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5) and Commissioner
Carney (Seat 41).
Mrs. Gray moved to reappoint Allen Kilik as a regular member to the
Board of Adjustment to serve a two (2) year term ending August 31, 2014, seconded by
Mr. Jacquet.
Mayor McDuffie stated he wished to reappoint Dale Miller as a regular
member to the Board of Adjustment to serve a two (2) year term ending August 31, 2014.
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Mr. Carney 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. Said motion passed with a 4 to 0 vote.
Mr. Carney moved to reappoint Mel Pollack, seconded by Mrs. Gray.
Upon roll call the Commission voted as follows: Mr. Carney — Yes; Mr. Jacquet — Yes;
Mrs. Gray — Yes; Mayor McDuffie - Yes. Said motion passed with a 4 to 0 vote.
9.K. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY
COUNCIL: Appoint one (1) At Large Representative to the Neighborhood Advisory
Council to serve an unexpired term ending July 31, 2014. Based upon the rotation
system, the appointment will be made by Commissioner Gray (Seat #4).
Mrs. Gray stated she would like to defer her appointment to the next
regular meeting of September 4, 2012.
9.L. APPOINTMENTS TO THE HISTORIC PRESERVATION
BOARD: Appoint four (4) regular members to the Historic Preservation Board to serve
two (2) year terms ending August 31, 2014. Based upon the rotation system, the
appointments will be made by Mayor McDuffie (Seat 95), Commissioner Carney (Seat
41), Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3).
Mayor McDuffie stated he wished to reappoint Ana Maria Aponte as a
regular member to the Historic Preservation Board to serve a two (2) year term ending
August 31, 2014. Mr. Carney so moved, seconded by Mrs. Gray. Upon roll call the
Commission voted as follows: Mr. Jacquet — Yes; Mrs. Gray — Yes; Mayor MCDuffre —
Yes; Mr. Carney — Yes. Said motion passed with a 4 to 0 vote.
Mr. Carney stated he would like to defer his appointment to the next
regular meeting of September 4, 2012.
Mr. Jacquet stated he would like to defer his appointment to the next
regular meeting of September 4, 2012.
Due to his absence, Mr. Frankel stated he would like to defer his
appointment to the next regular meeting of September 4, 2012.
At this point, the time being 10:39 p.m., the Commission moved to Item
12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 26 -12: Consider an amendment to Chapter 37
"Delray Beach Code Enforcement ", Section 37.45, "Supplemental Code Enforcement
Procedures ", Subsection Q, "Civil Penalties ", of the Code of Ordinances of the City of
Delray Beach, Florida, in order to update the provisions pertaining to noise control. If
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passed, a public hearing will be held on September 4, 2012.
The caption of Ordinance No. 26 -12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 37 " DELRAY BEACH CODE
ENFORCEMENT "; 37.45 "SUPPLEMENTAL CODE
ENFORCEMENT PROCEDURES "; SUBSECTION Q
"CIVIL PENALTIES" OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, IN ORDER TO UPDATE THE PROVISIONS
PERTAINING TO NOISE CONTROL, PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 26 -12 is on file in the City CIerk's
office.)
The City Attorney read the caption of the ordinance. The City Attorney
stated he is going to talk about Ordinance No. 27 -12 because that precipitated us for
having Ordinance No. 26 -12 and this is one where recently a three judge panel of the
Fifteenth Judicial Circuit Court struck down the City's noise ordinance providing that
some of the definitions were vague and unconstitutional. The City Attorney stated they
also suggested that the City of Delray Beach look at its content base language as well.
He stated the noise ordinance of the City of Miami Beach was challenged in 2007, the
Court upheld the ordinance from a challenge. The City Attorney stated the City adopted
a large portion of the Miami Beach noise ordinance and have modified it to fit Delray
Beach. Staff has met with Code Enforcement and the Police Department to make sure
that enforcement would not be an issue. The City Attorney stated one of the big changes
in the Code was where there was discussion about creating variances or special variances
by the Board of Adjustment. He stated staff has since changed that to talk about
temporary permits which will be either granted by the City Manager or his or her
designee. The City Attorney stated staff feels that the ordinance is able to be enforced by
Code Enforcement if need be.
Al Berg, Assistant Director of Community Improvement, stated staff met
with the City Attorney and the Police Department about the noise ordinance and
enforcing it.
Mr. Jacquet inquired about the seven different sections that have been
made into one. He asked why we are increasing the noise control fee. Mr. Berg stated
these fees have been the same since 2006. Mr. Berg stated when the Police Department
is called out for a noise violation they want to make it real for the person that is getting
cited and the maximum you can have is $250.00 for the one time ticket. Mr. Berg stated
with regard to the contested and non - contested the Statute requires that for one where you
plead guilty it is a certain fee and then if you take it to the Hearing Officer there is a
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08/21/12
$75.00 administrative fee if it is contested.
Brief discussion ensued between the City Attorney, the Commission and
staff.
Mr. Carney moved to approve Ordinance No. 26 -12 on FIRST 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. Said motion passed
with a 4 to 0 vote.
At this point, the City Attorney stated the direction that the Commission
gave apply more to Ordinance No. 27 -12.
12.B. ORDINANCE NO. 27 -12: Consider an amendment to Chapter 99,
"Noise Control ", of the Code of Ordinances of the City of Delray Beach by repealing
Chapter 99, "Noise Control ", in its entirety, enacting a new Chapter 99, "Noise Control ",
providing for the control of sound originating within the City of Delray Beach in its
place. If passed, a public hearing will be held on September 4, 2012.
office.)
The caption of Ordinance No. 27 -12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 99, "NOISE CONTROL ", OF
THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY REPEALING
CHAPTER 99, "NOISE CONTROL ", IN ITS ENTIRETY,
ENACTING A NEW CHAPTER 99, "NOISE
CONTROL ", PROVIDING FOR THE CONTROL OF
SOUND ORIGINATING WITHIN THE CITY OF
DELRAY BEACH IN ITS PLACE, AND PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 27 -12 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Mrs. Gray moved to approve Ordinance No. 27 -12 on FIRST Reading,
seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mayor
McDuffie -- Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mrs. Gray — Yes. Said motion
passed with a 5 to 0 vote.
13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS.
13.A. City Manager
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08/21/12
The City Manager handed out an analysis from Mark Baron on the value
of the television exposure that the tennis tournament gets around the world and some of
the changes he is anticipating next year. The City Manager stated on the current
broadcast schedule for 2012 the gross advertising value was calculated at $16 million and
the net sponsorship value at about $4.5 million. He stated next year they plan to add an
additional 40 hours of match play TV coverage which jumps the gross advertising value
up to $99 million with a net sponsorship value of $26 million. The City Manager stated
he wanted to share this information with the Commission because it relates to the value
of the exposure that we get and the City would also like to use this in trying to recruit
more sponsorship and sell naming rights.
Secondly, the City Manager stated if you have an issue where you have
35, 40, or 100 people here on an issue that the City has advertised for 7:00 p.m. he does
not feel they should be held up so that 4 or 5 people can make public comments for 10,
15 or 20 minutes. The City Manager stated he feels that public hearings should be first
and then the public comments. He stated the Commission should try to address those
items first which involve the greatest number of people.
U.B. City Attorney
The City Attorney had no comments or inquiries on non- agenda items.
13.C. City Commission
13.0.1. Mr. Jacauet
Mr. Jacquet stated there was a comment from Ms. Bedard about the
northwest coiner of Lake Ida Road and Congress Avenue.
The City Manager stated staff has preliminary drawings which he would
like to show to the Commission and the City is working with the YMCA to build the
Family Fun and Fitness Center that they would operate. He stated if the Commission is
okay with the layout then staff is prepared to go ahead and start negotiating an agreement
with them on how we can develop a partnership.
Mr. Jacquet stated with regards to Mrs. Finst's suggestion about moving
public comments earlier on the agenda and he feels that is a great idea. Mr. Jacquet stated
the Commission asks the residents to come voice their opinion and some of them cannot
wait to give their comments. He feels it would be wise as a Commission to allow the
public to have the full opportunity to make their comments at a reasonable time during
the Commission meetings. He stated he has seen other bodies that do have public
comments in the beginning and he has seen it work.
Lastly, Mr. Jacquet stated school has started and encouraged everyone to
visit their respective schools that they are liaison to and encourage the kids. He stated we
are doing a great job with helping our students read at grade level or above. Mr. Jacquet
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08/21/12
stated when the Commissioners show up at the schools it means a lot to both the staff and
the students.
13.C.2. Mr. Carney
Mr. Carney stated he feels that Mrs. Finst brought up a good point that the
Commission could set public comments at a time certain of 6:30 as like with public
hearings. Mr. Carney stated there have been times where people have had to wait a very
long time to speak on public comments and then when it gets to the other time certain of
7:00 for public hearings the people remaining to speak under public comments will just
have to wait. The City Manager stated he believes setting the time certain earlier for
public comments would work.
Secondly, Mr. Carney welcomed the City Manager back.
Mr. Carney thanked the City Attorney for working with him over the
weekend and the last couple of days as he number crunches and he goes through his
different theories of law as to why we can and cannot do things.
Lastly, Mr. Carney stated he was a food judge at Pompey Park Family Fun
Day.
1.3.C.3. Mrs. Gray
Mrs. Gray had no continents or inquiries on non - agenda items.
13.C.4. Mavor McDuffie
Mayor McDuffie had no comments or inquiries on non - agenda items.
There being no further business, Mayor McDuffie declared the meeting
adjourned at 11 :00 p.m.
ATTEST:
MAYO
1.
City Clerk
3s
08/21/12
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 21, 2012, which Minutes were formally approved and adopted by the
City Commission on September 20, 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.
39
08/21/12
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
SITE PLAN EXTENSION FOR 36 SE IT AVENUE
1. This. site plan extension request came before the City Commission on
August 21, 2012_.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the site. plan extension request for 36
SE 1st Avenue. All of the evidence is a part of the record in this case. Required
findings are made in accordance with Subsections I.
I. SITE PLAN EXTENSION
Pursuant to LDR Section 2.4.4(F)(1), a site plan extension will :be granted if the
following preliminary requirements are met:
(a) A written request is submitted at least 45 days prior to the
expiration date;
(b) The request sets-forth the basis and reason for the extension;
(c) The request is considered by the same body that granted the
approval;
Have the preliminary requirements of Section 2.4,4(F)(1) been met?
Yes v' No
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original development application was
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive flan.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
1
.in-the record including but not PrnitW to the staff reports, testimony of experts -and other
competent Withesses.:supporfling those findings.
5. Baood on th . w6ire record before. it, the City Com mis ion approves.
e i y
denies the site plan extension to be. Valid until August 19- 2014 subject to the,
conditions described. in Exh ibit 'N-'.
6. Based on the entire record before. it, tho City Commission h reby adopts
t opposed.
this Order this 21 st day of August 2012. by a vote of d
August . . ... I . �.- _41n favor aK
ATTEST: Nelson S. McDuffie, M
q-,
Chevello Nubih., City Clerk
2:
EXHIBIT "N'
(1) The five foot (5') right -of =way dedication for SE 1st Avenue is accepted by the
City Commission;
k2) The two foot (2') right- of-way dedication for the alley is accepted by the City
Commission; and
(3) That. a revised photometric plan be submitted which complies with the
applicable requirements noted in LDR Section 4.6.8(A)(3),
3