10-19-04 Minutes
OCTOBER 19. 2004
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, October 19,2004.
1. Roll call showed:
Present - Commissioner Patricia Archer
Commissioner Bob Costin
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Ab sent - David T. Harden, City Manager
Also present were - Robert A. Barcinski, Acting City Manager
Susan Ruby, City Attorney
Chevelle D. Nubin, Acting City Clerk
At this point, Mayor Perlman stated he would like to have a moment of
silence in honor of the memory of Michael Felsberg a local soldier who died in Iraq.
Mayor Perlman stated Michael Felsberg is the son of the former General Manager of the
Tennis Center.
2. The opening prayer was delivered by Reverend Nancy Norman with Unity
of Del ray Beach.
3. The Pledge of Allegiance to the flag of the United States of America was
gIven.
4. AGENDA APPROVAL.
Mayor Perlman stated staff has requested to remove Item 9.F., Cari-
Fiesta Special Event from the Regular Agenda. Mayor Perlman stated there is
additional information for Item 9.E., A2reement/Bellsouth/W innin2 Rewards
Pr02ram. Also, Mayor Perlman requested that Item 9.J., First Ni2ht International
2005 Conference be moved to the Regular Agenda as Item 9.B.1.
Mr. Costin moved to approve the Agenda as amended, seconded by Mr.
Levinson. Upon roll call the Commission voted as follow: Mr. Costin - Yes; Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said
motion passed with a 5 to 0 vote.
5. APPRO V AL OF MINUTES:
Mrs. Archer moved to approve the Minutes of the Regular Meeting of
October 5, 2004, seconded by Mr. Costin. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman
- Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote.
Ms. McCarthy moved to approve the Minutes of the Special Meeting of
October 12, 2004, seconded by Mr. Costin. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin-
Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMA TIONS:
6.A. Rec02nizin2 and Commendin2 Perry DonFrancisco
Mayor Perlman read and presented a proclamation hereby recognizing and
commending PERRY DONFRANCISCO for Boston's 25th Anniversary and for Perry's
valuable contributions to the Citizens of Delray Beach throughout the past twenty-five
years. Perry DonFrancisco came forward to accept the proclamation.
6.B. Rec02nizin2 and Commendin2 Bert Fashaw
Mayor Perlman read and presented a proclamation hereby recognizing and
commending BERT FASHA W for his service to the community of Del ray Beach and for
a job well done for the Parks and Recreation Department, the City Commission, and the
City of Del ray Beach. Bert Fashaw came forward to accept the proclamation.
6.C. Delrav Beach Orchid Society's 14th Annual Show
Mayor Perlman read and presented a proclamation hereby encouraging all
citizens to attend and support the Delray Beach Orchid Society's 14th Annual Show
"Orchid Harvest" to be held at the Old School Square Vintage Gymnasium on October
29th, 30th, and 31 S\ 2004. Julia Hamner came forward to accept the proclamation.
7. PRESENTATIONS:
7.A. Delrav Beach Police Department's Accredited Status - Larrv
Schroeder. Police Chief
Larry Schroeder, Police Chief, stated it has been 2 1Iz months since the
Police Department went through an on-site visit. Chief Schroeder stated the on-site team
came in the later part of July 2004. Chief Schroeder stated last week several employees
of the Police Department went to Orlando and met before the Commission for the
accreditation. He stated the Delray Beach Police Department is now officially an
accredited Law Enforcement Agency in the State of Florida. Chief Schroeder recognized
and commended the following employees: Maria Bollan, Accreditation Manager,
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Lieutenant Tony Strianese, Major Will McCollom, David Junghans, Eric Aronowitz and
Steve Hines who helped develop the "First Responder Guide to Unusual Occurrences".
Chief Schroeder stated this manual was displayed at a Regional Domestic Security Task
Force who will adopt the manual for the region and before long the manual will be
adopted for the State. He thanked the City Commission for their continued support.
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. RESOLUTION NO. 78-04: Approve Resolution No. 78-04 assessing
costs for abatement action required to remove nuisances on fifteen (15) properties
throughout the City.
The caption of Resolution No. 78-04 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 DELRA Y
BEACH AND PROVIDING THAT A NOTICE OF LIEN
SHALL ACCOMPANY THE NOTICE OF
ASSESSMENT; SETTING OUT ACTUAL COSTS
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. 78-04 is on file in the City Clerk's
office. )
8.B. ACCEPTANCE OF RIGHT-OF-WAY DEED/SPA ELEVEN:
Approve and accept a right-of-way deed for Old Dixie Highway associated with the Spa
Eleven Site Plan Modification, located on the east side of North Federal Highway,
approximately 156 feet north of Lake Avenue (1440 North Federal Highway).
8.C. ACCEPTANCE OF UTILITY EASEMENT DEED/TRINITY
EVANGELICAL LUTHERAN CHURCH: Approve and accept a utility easement
deed associated with the Trinity Evangelical Lutheran Church and School, located at the
northwest corner of Lake Ida Road and Swinton Avenue.
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8.D. QUIET TITLE/P ARCELS ACQUIRED FROM PALM BEACH
COUNTY: Grant authorization to Quiet Title on three (3) parcels acquired from Palm
Beach County.
8.E. AGREEMENT FOR LOBBYING SERVICES/KA THLEEN E.
DALEY: Approve an agreement for consultant/lobbying services between the City and
Kathleen E. Daley and Associates, Inc. in the amount of $48,000.00 for the period
October 1, 2004 through September 30,2005. Funding is available from 001-1111-511-
34.90 (General Fund/Other Contractual Services).
8.F. TRI-PARTY AGREEMENT/FIRST NIGHT 2005: Approve an
agreement between the City, Joint Venture, and Old School Square and proposed budget
for the First Night 2005 Event.
8.G. SPECIAL EVENT REQUEST/HOLIDAY PAGEANT PARADE:
Approve and endorse the Annual Holiday Pageant Parade co-sponsored by the Parks and
Recreation Department and the Chamber of Commerce to be held on December 11, 2004
beginning at approximately 6:00 p.m., granting a temporary use permit per LDR Section
2.4.6(H) for the closure and use of Atlantic Avenue from Gleason Street and Andrews
Avenue to N.W. 1 st A venue and Miramar and Lowery for parade set up from
approximately 4:00 p.m. to 7:30 p.m., and authorize staff support for traffic control and
security, EMS assistance, barricade set-up/removal, trash removal and clean up, and
processing of the FDOT permit.
8.H. SPECIAL EVENT REQUEST/HOLIDA Y TREE LIGHTING:
Approve a special event request for the Annual Holiday Tree Lighting to be held on the
grounds of Old School Square on November 27, 2004 from approximately 6:00 p.m. to
9:00 p.m., granting a temporary use permit per LDR Section 2.4.6(H) for use and closure
of Atlantic A venue from Swinton to NE/SE 2nd Avenue, SE 1 st A venue from Atlantic
A venue to the alley and NE 1 st A venue from Atlantic A venue to the alley from
approximately 4:00 p.m. to 11:00 p.m., staff assistance for traffic control and security,
EMS assistance, barricade set-up/removal, trash removal and clean up, set up/use of the
large stage and City generator.
8.1. SPECIAL EVENT POLICIES AND PROCEDURES: Approve the
revised Special Event Policies and Procedures with an effective date of January 1, 2005.
8.J. AMENDMENT NO. l/LEASE AGREEMENT/FLORIDA INLAND
NAVIGATIONAL DISTRICT (FIND): Consider approval of Amendment NO.1 to the
lease agreement between the City and the Florida Inland Navigational District (FIND) to
incorporate the newly obtained parcel into the existing lease agreement.
8.K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period October 4,2004 through October 15,2004.
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8.L. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Sanders Company, Inc. in the amount of
$27,675.00 for one (1) dry pit/submersible sanitary sewerage pump
for Lift Station No. 50. Funding is available from 442-5178-536-
61.83 (Water/Sewer Renewal and Replacement FundILift Station
No. 50 Conversion).
2. Contract award to Utility Service Co., Inc. in the amount of
$58,645.00 for exterior paint repair of the elevated storage tank,
damage was sustained during Hurricanes Frances and Jeanne.
Funding is available from 442-5178-536-46.90 (Water/Sewer
Renewal and Replacement Fund/Other Repair & Maintenance).
3. Bid award to Sports Turf One, Inc. in the amount of$47,760.00 for
the landscape maintenance of the multi-purpose fields at Atlantic
High School. Funding is available from 001-4131-572-34.90
(General Fund/Other Contractual Services).
Mr. Costin moved to approve the Consent Agenda, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes;
Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A. OCEAN RESCUE CONTRACT AND MEMORANDUM OF
UNDERSTANDING. LOCAL 1842. IAFF: Approve the Ocean Rescue Contract and
Memorandum of Understanding requested by Local 1842, IAFF effective October 1,
2003 through September 30,2004.
Robert A. Barcinski, Acting City Manager, stated the Agreement and
Memorandum of Understanding have been ratified by the Professional Fire Fighters &
Paramedics of Del ray Beach Local 1842, IAFF.
Mr. Levinson moved to approve the Ocean Rescue Contract and
Memorandum of Understanding requested by Local 1842 IAFF effective October 1, 2003
through September 30, 2004, seconded by Mrs. Archer. Upon roll call the Commission
voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
9.B. AGREEMENT/HORSE DRAWN CARRIAGES. INC.: Consider
approval of an agreement between the City and Horse Drawn Carriages, Inc. to provide
horse and carriage rides along Atlantic Avenue as specified from November 1, 2004
through April 30, 2005.
Robert A. Barcinski, Acting City Manager, stated this is an agreement
with Horse Drawn Carriages, Inc. to provide service along Atlantic A venue from
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November 1, 2004 through April 30, 2005.
Mr. Costin moved to approve the agreement between the City of Delray
Beach and Horse Drawn Carriages, Inc., seconded by Mrs. Archer. Upon roll call the
Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson -
Yes; Ms. McCarthy - Yes; Mayor Perlman - No. Said motion passed with a 4 to 1 vote,
Mayor Perlman dissenting.
9.B.1. FIRST NIGHT INTERNATIONAL 2005 CONFERENCE: Consider
acceptance of an invitation to be the host City for the First Night International Annual
Conference to be held April 9-13, 2005 and accept the host committee responsibilities.
Robert A. Barcinski, Acting City Manager, stated the City of Delray
Beach has been invited to be the host City for the First Night International Annual
Conference proposed to be held April 9-13, 2005 and accept the host committee
responsibilities.
Mr. Levinson moved to approve the First Night International Annual
Conference proposed to be held April 9-13, 2005 and accept the host committee
responsibilities, seconded by Mrs. Archer. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman
- Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote.
9.C. GRANT AGREEMENT WITH THE AMERICAN LEGION POST
AND THE CARING KITCHEN AND RESTATED LEASE AGREEMENT WITH
THE AMERICAN LEGION POST: Consider approval of a Grant Award Agreement
between the City, the American Legion Post 188, and Christians Reaching Out To
Society, Inc. (The Caring Kitchen) and approval of the Restated Lease Agreement
between the City and the American Legion Post 188.
Mrs. Archer moved to approve the Grant Agreement with the American
Legion Post and the Caring Kitchen and Restated Lease Agreement with the American
Legion Post, seconded by Mr. Levinson. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin-
Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
9.D. FOURTH AMENDMENT/BLOCK 77 CONTRACT/COMMUNITY
REDEVELOPMENT AGENCY: Consider approval of the Fourth Amendment to the
Block 77 Contract between the Community Redevelopment Agency (CRA) and Block 77
Development Group, L.C. to allow rental or condominium units to be developed on the
property.
The City Attorney stated the Community Redevelopment Agency (CRA)
approved the Fourth Amendment to the Contract for Sale and Purchase between the CRA
and Block 77 Development Group. The City, as a third party beneficiary of the contract
has been asked to approve modifications to the contract. The amendment allows the
CRA to do either rental or ownership of units.
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10/19/04
Mayor Perlman stated he thinks to have ownership downtown is a good
step.
Mr. Levinson moved to approve the Fourth Amendment to the Block 77
Contract between the Community Redevelopment Agency (CRA) and Block 77
Development Group, L.C., seconded by Mrs. Archer. Upon roll call the Commission
voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs.
Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
9.E. AGREEMENT/BELLSOUTH/WINNING REWARDS PROGRAM:
Consider approval of a three (3) year agreement between the City and BellSouth
Telecommunications for the Winning Rewards Program which will result in savings to
the City of$105,190.20.
Robert A. Barcinski, Assistant City Manager, stated this is a request for
Commission to approve a three (3) year agreement with BellSouth Telecommunications
under the Winning Rewards Program. This offer is available to new and existing
BellSouth Business service customers. Mr. Barcinski stated this agreement will result in
savings to the City in the amount of$105,190.20.
Ms. McCarthy asked if this supports the discrepancy in the numbers for
the maximum monthly award. The City Attorney stated the outside amount is
approximately $3,000 but the actual amount the City will save is $2,921.95 and when
multiplied out it does come out correctly.
Mr. Costin moved to approve a three (3) year agreement with BellSouth,
Telecommunications for the Winning Rewards Program, seconded by Ms. McCarthy.
Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin -
Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed
with a 5 to 0 vote.
9.F. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
9.G. REQUEST/ORCHID SOCIETY: Consider approval of a request from
Julia Hamner to recognize the Orchid Society's Orchid Show as a special event and
authorize the placement of event signs by City staff at four (4) locations in the City. Staff
recommends denial.
Robert A. Barcinski, Assistant City Manager, stated this is a request from
the Orchid Society to recognize their show as an event and to authorize the erection of
4'x 4' event signs by City staff at the designated four (4) locations. The Orchid Society
will again be holding their Orchid Society Show on October 29th, 30th, and 31 st in the
gymnasium at Old School Square. Since this is a private rental at an inside location at
Old School Square this show is not an event that would be required to go through the
event permit process. Staff recommends denial of the request due to the precedence it
would set.
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10/19/04
Mr. Levinson stated for next year he suggested that they follow the
correct process.
Mrs. Archer moved to approve as a minor event with the understanding
that they would receive no other services from the City except the erection of signs,
seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Costin -
Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman -
Yes. Said motion passed with a 5 to 0 vote.
9.H. RESOLUTION NO. 79-04: Consider approval of Resolution No. 79-04
authorizing the expenditure of funds to educate and inform the public about the proposed
Palm Beach County Charter Amendment regarding municipal annexation.
The caption of Resolution No. 79-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE EXPENDITURE OF FUNDS TO
EDUCATE AND INFORM THE PUBLIC
CONCERNING PALM BEACH COUNTY'S
PROPOSED CHARTER AMENDMENTS RELATING
TO MUNICIP AL ANNEXATION AND THE
REASONS THE CITY IS OPPOSED TO THE
PROPOSED ANNEXATION; URGING THE
CITIZENS NOT TO ADOPT SUCH AMENDMENT;
AND PROVIDING AN EFFECTIVE DATE.
(The official copy of Resolution No. 79-04 is on file in the City Clerk's
office. )
The City Attorney stated this resolution authorizes the expenditure of
funds for education purposes as to the ballot issue on annexation. She stated the City had
a motion for temporary injunction that was denied by the Court on Friday. The City
Attorney stated she does not feel it is a good idea to appeal at this time on the temporary
injunction; however, we can go forward with the ongoing lawsuit. The City of West
Palm Beach has intervened and the City of Delray hopes that other cities will also
intervene. The City Attorney stated this resolution entails the authorization to spend
money for the education on this ballot issue.
Mr. Levinson stated he had a conversation with Jamie Titcomb who
suggested that the City of Del ray Beach authorize up to $25,000 and let the City Manager
work with the PAC to identify what the City's fair share would be. The City Attorney
stated having some money budgeted for education is not necessarily for the sole purpose
of giving money to the PAC but to do some other items outside of the PAC.
Mr. Levinson moved to approve to authorize up to $25,000 for
educational purposes for informing voters as it relates to the annexation referendum and
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10/19/04
give the City Manager discretion to work with the League of Cities Board to identify a
final amount which would be appropriate for our size City; and, approve Resolution No.
79-04, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr.
Costin - Yes. Said motion passed with a 5 to 0 vote.
9.1. PALM BEACH COUNTY LEGISLATIVE DELEGATION: Discuss
the Palm Beach County Legislative Delegation Public Hearing Schedule for the 2005
Legislative Session.
Mayor Perlman announced that a Public Hearing will be held on the 2005
Legislative Session at Old School Square on November 23, 2004. He stated as a host city
the City of Delray Beach will be speaking at 2:00-2:03 p.m. and has to present their
"wish list".
Mr. Levinson suggested that the Commission create a "legislative agenda"
similar to what has been done in the past.
Ms. McCarthy stated she would like to make sure this information is
passed along to EPOCH, Roots and any other organization that may not be represented
this evening. Mr. Levinson suggested that a letter be sent to the Cultural Alliance.
It was the consensus of the Commission to bring forth issues to be
discussed at the November 9,2004 Workshop meeting.
At this point, the Commission moved to Item 12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 60-04: An ordinance rezoning from CF (Community
Facilities) and R-I-A (Single Family Residential) to RM (Medium Density Residential)
for an 8.96 acre parcel of land for The Cottages at Banyan Village, located at the
southwest corner of Swinton Avenue and S.W. 10th Street. If passed, a public hearing
will be scheduled for November 2,2004.
The caption of Ordinance No. 60-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTL Y
ZONED R-I-A (SINGLE F AMIL Y RESIDENTIAL)
DISTRICT AND CF (COMMUNITY FACILITIES)
DISTRICT TO RM (MEDIUM DENSITY
RESIDENTIAL) DISTRICT; SAID LAND BEING A
PARCEL OF LAND LOCATED AT THE SOUTHWEST
CORNER OF SW 10TH STREET AND SOUTH
SWINTON AVENUE, AS MORE PARTICULARLY
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10/19/04
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, JULY 2004";
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 60-04 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance and stated staff needs
to work on the ordinance prior to dealing with the workforce housing issue in a restrictive
covenant fashion. The City Attorney stated staff is not having a quasi-judicial hearing
now; however, this is to inform the Commission of what the Planning and Zoning Board
discussed.
Paul Dorling, Director of Planning and Zoning, stated the Planning and
Zoning Board considered this revision last night at their meeting and after significant
discussion relating to the workforce housing that is being proposed as part of this petition
they unanimously recommended approval of this request. At its meeting of June 8, 2004,
the City Commission approved the FLUM amendment and rezoning. The approval was
to facilitate transmittal of the amendment to the Department of Community Affairs
(DCA) with direction that the applicant address concerns related to the density and
affordable housing with staff before the amendment returned from the State. The
applicant has been working with staff to meet the requirements of the Southwest Area
Neighborhood Redevelopment Plan (provision of affordable housing) and has modified
their rezoning application from RM-I0 to RM - a change in the proposed maximum
allowable density from ten (10) dwelling units per acre to twelve (12) dwelling units per
acre.
Mr. Dorling stated if someone receives an RM designation you are
guaranteed six (6) units to the acre and one can achieve up to twelve (12) based upon the
degree that the performance standards are met that are identified in the LDR's. If there is
a suffix placed on it (i.e. RM-I0) means that you have a range between 6 and 10 also
based upon meeting the performance standards but you could not go above ten dwelling
units per acre.
The City Attorney stated with regard to the perfonnance standards as they
currently exist, they do not address workforce housing as one of the criteria for density
assessments. Furthermore, the City Attorney because of that and because staff has been
working on this ordinance idea, suggested that staff postpone this so that staff can
develop this ordinance.
Michael Weiner, Attorney with Weiner & Aronson, P.A. (102 S. Swinton
Avenue), Delray Beach, entered into the record an article from the October 17, 2004
Palm Beach Post. Mr. Weiner stated their deadline is December ih which would give
them 30 days for publication of the ordinance, sufficient time for a Planning and Zoning
meeting on the November 22nd, and two hearings (one on November 23rd and one on
December ih). Mr. Weiner stated if the deadline of December ih cannot be met then
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10/19/04
they cannot move forward with the project.
Ms. McCarthy declared a conflict of interest and stepped down from the
dais.
Mr. Costin moved to table Ordinance No. 60-04 on FIRST Reading with
direction to proceed with haste, seconded by Mrs. Archer. Upon roll call the
Commission voted as follows: Mr. Levinson - Yes; Mayor Perlman - Yes; Mr. Costin -
Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote.
At this point, the time being 7:00 p.m. the City Commission moved to the
duly advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 48-04: Future Land Use Map Amendments (FLUM)
for two separate parcels that are part of land swap activity associated with the
establishment of the Intracoastal Park site. The first parcel is a small-scale (FLUM)
Amendment from TRN (Transitional) to MD (Medium Density Residential 5-12 dwelling
units per acre) and rezoning from POD (Professional and Office District) to RM
(Medium Density Residential) for a 0.13 acre parcel that is currently owned by the
Delray Harbor Club. The second parcel is a small-scale FLUM Amendment from TRN
(Transitional), MD (Medium Density Residential 5-12 dwelling units per acre), and OS-C
(Open Space-Conservation) to OS-C (Open Space-Conservation) and rezoning from POD
(Professional and Office District), RM (Medium Density Residential), and CD
(Conservation District) to OS (Open Space) which consists of 4.47 acres, generally
located on the east side of South Federal Highway between S.E. 10th Street and Linton
Boulevard. Prior to consideration of passage of this ordinance on Second and FINAL
Reading, a public hearing has been scheduled to be held at this time. (Quasi-Judicial
Hearing)
The caption of Ordinance No. 48-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE FUTURE LAND USE MAP
DESIGNATION AS CONTAINED IN THE
COMPREHENSIVE PLAN FROM TRN
(TRANSITIONAL) IN PART, RM (MEDIUM DENSITY
RESIDENTIAL 5-12 DU/AC) IN PART AND OS-C
(OPEN SPACE, CONSERVATION) IN PART TO OS-C
(OPEN SPACE, CONSERVATION), AND FROM TRN
(TRANSITIONAL) TO MD (MEDIUM DENSITY
RESIDENTIAL 5-12 DU/AC; ELECTING TO PROCEED
UNDER THE SINGLE HEARING ADOPTION
PROCESS FOR SMALL SCALE LAND USE PLAN
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AMENDMENTS; REZONING AND PLACING LAND
PRESENTLY ZONED POD (PROFESSIONAL AND
OFFICE DISTRICT) DISTRICT IN PART, RM
(MEDIUM DENSITY RESIDENTIAL) DISTRICT IN
PART AND CD (CONSERVATION) DISTRICT IN
P ART TO OS (OPEN SPACE) DISTRICT, AND FROM
POD (PROFESSIONAL AND OFFICE DISTRICT) TO
RM (MEDIUM DENSITY RESIDENTIAL); SAID LAND
BEING GENERALLY LOCATED ON THE EAST SIDE
OF US HIGHWAY NO.1, BETWEEN SE 10TH STREET
AND LINTON BOULEVARD, AS MORE
P ARTICULARL Y DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRA Y BEACH, FLORIDA, mL Y
2004"; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 48-04 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance. A public hearing and
quasi-judicial hearing was held having been legally advertised in compliance with the
laws of the State of Florida and the Charter of the City of Del ray Beach, Florida.
Mayor Perlman read into the record the City of Delray Beach procedures
for a quasi-judicial hearing for this item and all subsequent Quasi-Judicial items.
Chevelle D. Nubin, Acting City Clerk, swore in those individuals who
wished to give testimony on this item.
Mayor Perlman asked the Commission to disclose any ex parte
communications. No ex parte communications were disclosed.
Paul Dorling, Director of Planning and Zoning, briefly reviewed the
changes and stated POD (Professional and Office District) to RM (Medium Density
Residential) and the largest tract is proposed to go from RM (Medium Density
Residential), POD (Professional and Office District), and CD (Conservation District) to
open space. Mr. Dorling stated this proposal relates to two different portions of
properties that include the land conveyed to the Delray Harbor Club immediately to the
north to accommodate additional parking and the remainder to contain a passive
conservation area, additional boat ramps, and associated parking for the Intracoastal Park.
Over the past year the City has been negotiating with FIND (Florida Inland Navigation
District) to obtain a 30 year lease on MSA Tract 650. This lease would allow the City to
utilize the property for the construction of additional boat ramps. A Real Property
Exchange Agreement has been executed which involved land swaps between the parties.
With this exchange completed, future land use and zoning changes are necessary to
reflect the appropriate designations to accommodate the future uses. At its meeting of
September 7, 2004, the City Commission initiated the small-scale Future Land Use Map
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10/19/04
amendments and zoning changes for both portions.
At its meeting of September 27, 2004, the Planning and Zoning Board
held a public hearing in conjunction with the Rezoning and FLUM amendment requests.
Several members of the public representing the residential development (Harbourside)
were in attendance. One person from the public spoke and did not see the need for
additional boat ramps and suggested that development be limited to additional parking to
overflow from Knowles Park. After reviewing the staff report and discussing the
proposal, the Board unanimously voted 4-0 (Morris, Borchardt, Walker absent) to
recommend that the requests be approved by adopting the findings of fact and law
contained in the staff report, and finding that the request and approval thereof is
consistent with the Comprehensive Plan and meets the criteria set forth in Section
2.4.5(D)(5), 3.1.1 and 3.2.2 of the LDR's.
Mayor Perlman declared the public hearing open.
Stanley Shaw, 1 Harbourside Drive (#3405), Delray Beach, suggested that
prior to moving forward with this ordinance the Commission take into consideration three
key points: (1) sufficient parking, (2) consultation with Palm Tran about what will
happen to the bus stop if it is to be moved, and (3) the swale (immediately at the
approach to this particular property and what will be the entrance to this park).
There being no one else from the public who wished to speak in favor or
in opposition of Ordinance No. 48-04, the public hearing was closed.
Prior to the vote, Mayor Perlman stated Mr. Shaw's concerns will be
addressed during the site plan process and suggested that a fourth concern to buffer the
facility be taken into consideration as well.
Mayor Perlman noted that the Site Plan Review and Appearance (SPRAB)
Board meeting will be held on Wednesday, November 10, 2004 at 6:00 p.m. in the City
Commission Chambers.
Mr. Costin moved to adopt Ordinance No. 48-04 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes. Said motion passed with a 5 to 0 vote.
10.B. ORDINANCE NO. 29-04 (ADOPTION HEARING FOR
COMPREHENSIVE PLAN AMENDMENT 2004-02): Consider on second reading an
ordinance adopting Comprehensive Plan Amendment 2004-02 and associated Future
Land Use Map (FLUM) amendments. Prior to consideration of passage of this ordinance
on Second and FINAL Reading, a public hearing has been scheduled to be held at this
time.
The caption of Ordinance No. 29-04 is as follows:
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10/19/04
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
ADOPTING COMPREHENSIVE PLAN AMENDMENT
2004-2 PURSUANT TO THE PROVISIONS OF THE
"LOCAL GOVERNMENT COMPREHENSIVE
PLANNING AND LAND DEVELOPMENT
REGULATION ACT" (FLORIDA STATUTES
SECTIONS 163.3161 THROUGH 163.3243 INCLUSIVE)
ALL AS MORE P ARTICULARL Y DESCRIBED IN
EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN
AMENDMENT 2004-2" AND INCORPORATED
HEREIN BY REFERENCE; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 29-04 is on file in the City Clerk's
office. )
Amendment 2004-02 includes:
1. Text Amendments:
a. Future Land Use Element - Modification of the description of the
Medium Density FLUM designation to include provisions for
increased density to approximately 24 units/acre within the
boundaries of a special overlay district within the Southwest
Neighborhood Area, subject to Conditional Use approval. This
overlay district, located between the commercial area along West
Atlantic Avenue and S.W. 2nd Street, from Swinton Avenue to
Interstate 95, is being created to accommodate higher density
residential development pursuant to the Southwest Area
Neighborhood Redevelopment Plan;
b. Future Land Use Element - Modification of the descriptions of the
Commercial FLUM designations related to the West Atlantic
Overlay Area;
c. Future Land Use Element - Modification of FLUM category
descriptions to reflect consolidation and elimination of
unnecessary FLUM designations;
d. Transportation Element - Revise Map #17, Intermodal Facilities;
e. Transportation Element - Revision to policies under Objective D-3
to address and update timetables and the completion of tasks;
f. Housing Element Update Residential Neighborhood
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10/19/04
Categorization Map to reflect existing land use and boundary
changes;
g. Public Facilities Element - Add objective and policies related to
the regional water supply plan and preparation of a 10-year Water
Supply Facilities Work Plan addressing water supply facilities
necessary to serve existing and new development;
h. Conservation Element - Amendment dealing with public
recreation and boat ramps in conservation areas to achieve internal
Plan consistency with the Open Space and Recreation Element;
1. Conservation Element - Add objective and policy addressing
projected water needs and sources considering the South Florida
Water Management District's Lower East Coast Water Supply
Plan;
J. Open Space and Recreation Element - Add policy stating that all
park planning will be compatible with the adopted City of Delray
Beach Parks and Recreation System Master Plan;
k. Intergovernmental Coordination Element - Add policy to ensure
coordination of the Comprehensive Plan with the regional water
supply plan;
I. Capital Improvement Element - Modify Table CI-CIP (5-Year
Capital Improvements Schedule for Projects>$25,000) to reflect
implementation of the new $24 million Parks and Recreation Bond
and adoption of the FY 2005-2009 Capital Improvement Program;
m. Capital Improvement Element - Modification of Table SD-CIP.
This table is the School District's Six Year Capital Improvement
Schedule referenced in CIP Element Policy A-8.3;
n. Public Schools Facilities Element - Updated Map Series for the
School District. Replace Map PS 1.1; PS 2.1; PS 3.1: and PS 3.3.
Eliminate Maps PS 3.2 and PS 3.4;
o. Public Schools Facilities Element - Elimination of the appendices;
p. Public Schools Facilities Element - Minor text changes throughout
the element to amend references to the updated Map Series;
updated Six Year Capital Improvement Schedule; and the deleted
Appendices;
q. Public Schools Facilities Element - Amendments required to
maintain consistency with the recently amended Interlocal
Agreement:
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10/19/04
· Add definition for "First FTE Student Count" to definitions
section
· Amend Policy A-l.l dealing with the level of service standard
· Amend Policy A-3.1 dealing with intergovernmental
coordination
r. Open Space Facilities Element - Add policy to establish an urban
park at Old School Square.
2. Future Land Use Map Amendments:
a. Privately initiated Future Land Use Map (FLUM) Amendment
from LD (Low Density Residential 0-5 du/ac) to MD (Medium
Density Residential 5-12 du/ac) for The Cottages at Banyan
Village, located at the southwest corner of Swinton A venue and
S.W. 10th Street.
b. City initiated Future Land Use Map Amendment from GC (General
Commercial) to CC (Commercial Core) for properties generally
located on the north and south sides of West Atlantic Avenue,
between NW/SW 1st Avenue (100 Block) and NW/SW lih Avenue
(1200 Block) within the West Atlantic Avenue Overlay District.
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 Del ray Beach, Florida.
Ms. McCarthy declared a conflict of interest and stepped down from the
dais.
Ron Hoggard, Senior Planner (redevelopment) stated Comprehensive Plan
Amendment 2004-02 was approved on first reading in June 2004 and transmitted to the
Florida Department of Community Affairs (DCA). The Plan includes twenty-eight text
amendments and two land use plan amendments (one City initiated and one privately
initiated). Mr. Hoggard stated there have been two changes since the DCA review. The
first one is related to the ten year water supply facilities work plan and DCA has asked
the City to withdraw that from the Comprehensive Plan since they extended the date for
the requirements for adoption of the plan and local elements and in order to give the
regional water management districts more time to complete their updated regional supply
plans. Staff left the policy related to the Plan as part of the text amendments that call for
adopting the Plan and how it integrates into the overall Comprehensive Plan. With
regard to the second change, originally staff was amending the City's Five Year Capital
Improvement Program and that was to provide for integrating the grant for the Parks
Bond. The City has since adopted its revised Capital Improvements Program (CIP) this
year and now the latest CIP is included in the Plan. One FLUM amendment is for the
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10/19/04
West Atlantic Overlay area from GC (General Commercial) to CBD (Central Business
District) to support the Downtown Master Plan calling for one CBD District from 1-95 to
A-I-A. The second FLUM amendment is for The Cottages at Banyan Village. This was
sent to the State and gives the applicant a chance to work with staff on the affordability
Issues.
Mayor Perlman declared the public hearing open.
Brenda Edwards, 702 S.W. 1st Street, Delray Beach (mother's home),
stated the property has been placed in Trust and she is speaking on behalf of the Trust,
asked how this transition will take place, what's the timeline for this transition, and what
specifically will the homeowners' in the community be required to relinquish at some
point in the future to support this change.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 29-04, the public hearing was closed.
Mr. Hoggard stated a rezoning is not being done at 702 S.W. 1st Street.
All that is being done is the City is adding additional potential to the property there
within the existing RM (Medium Density Residential) District to make it go from 12
units per acre to 24 units per acre with affordability components. Mr. Hoggard stated the
City is not going to be taking any property and explained there is no transition in the
rezoning because it is not being rezoned.
Mayor Perlman stated these amendments are in support of the Southwest
Neighborhood Plan which was a resident driven plan that was being done over a period
of a year or two. Mr. Hoggard stated the Plan called for higher density in this area in
order to create more affordability options.
Ms. McCarthy asked if an act of God were to happen and a house burned
down, would the people who own those single-family homes today be able to rebuild a
single family home. Mr. Hoggard stated single-family homes are allowable in the
district.
Mr. Costin moved to adopt Ordinance No. 29-04 on Second and FINAL
Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said
motion passed with a 4 to 0 vote.
10.C. ORDINANCE NO. 61-04: An ordinance amending Chapter 35,
"Employee Policies and Benefits", Section 35.095, by amending Subsection (A)(2)
"Participant Contributions", to provide for an increased employee contribution. Prior to
consideration of passage of this ordinance on Second and FINAL Reading, a public
hearing has been scheduled to be held at this time.
The caption of Ordinance No. 61-04 is as follows:
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10/19/04
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 35, "EMPLOYEE POLICIES
AND BENEFITS", SECTION 35.095, BY AMENDING
SUBSECTION (A)(2), "P ARTICIP ANT
CONTRIBUTIONS" , TO PROVIDE FOR AN
INCREASED EMPLOYEE CONTRIBUTION;
PROVIDING A SA VING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 61-04 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 Del ray Beach, Florida.
For clarification, the City Attorney read the language on page two which
states "Beginning with the first pay period after November 1, 2004, participants who are
not included in the bargaining unit specified in Paragraph (4) shall contribute two and
one-half percent (2.5%) of basic compensation." Therefore, the City Attorney stated this
ordinance applies to all general employees with the exception of those general employees
represented by the NCF &0.
Mayor Perlman declared the public hearing open.
Carolyn Killings, Business Agent for Local 1227 representing the NCF&O
for the City of Del ray Beach, asked for clarification regarding the ordinance.
Gertrude Green, S.W. 4th Avenue, Delray Beach, stated she was born in
Delray Beach on S.W. 4th Avenue and has recently moved a few years ago on Lake Ida
Road. She gave a brief history of Delray Beach and the properties throughout the
community.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 61-04, the public hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 61-04 on Second and FINAL
Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - Yes. Said motion passed with a 5 to 0 vote.
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10/19/04
10.D. ORDINANCE NO. 31-04 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance rezoning from GC (General Commercial) to CBD (Central
Business District) for 41.53 acres ofland for properties generally located on the north and
south sides of West Atlantic Avenue, between NW/SW 1st Avenue (100 Block) and
NW/SW lih Avenue (1200 Block) within the West Atlantic Avenue Overlay District.
Prior to consideration of passage of this ordinance on Second Reading/Second Public
Hearing, a public hearing has been scheduled to be held at this time. (Quasi-Judicial
Hearing)
The caption of Ordinance No. 31-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTL Y
ZONED GC (GENERAL COMMERCIAL) DISTRICT
TO CBD (CENTRAL BUSINESS DISTRICT) DISTRICT;
SAID LAND BEING PARCELS OF LAND LOCATED
ON THE NORTH AND SOUTH SIDES OF WEST
ATLANTIC AVENUE, BETWEEN NW/SW 1ST
AVENUE AND NW/SW 12TH AVENUE, AS MORE
P ARTICULARL Y DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRA Y BEACH, FLORIDA, mL Y
2004"; PROVIDING A GENERAL REPEALER CLAUSE,
A SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 31-04 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance. A public hearing and
quasi-judicial hearing was held having been legally advertised in compliance with the
laws of the State of Florida and the Charter of the City of Del ray Beach, Florida.
Chevelle D. Nubin, Acting City Clerk, swore in those individuals who
wished to give testimony on this item.
Mayor Perlman asked the Commission to disclose any ex parte
communications. No ex parte communications were disclosed.
Paul Dorling, Director of Planning and Zoning, stated this is the related
rezoning associated with the actions the Commission took in the Comprehensive Plan.
The Downtown Master Plan talked about creating a single zoning district that being CBD
(Central Business District) to the ocean. Currently, this area is zoned CBD and this will
change the commercial area from GC (General Commercial) to CBD (Central Business
District) and will correspond with the Downtown Plan; it will be the CBD West Atlantic
area, a CBD core area and then there is a CBD beach area. The CBD regulations would
apply across the entire district.
- 19 -
10/19/04
At its meeting of May 17, 2004, the Planning and Zoning Board held a
public hearing on this item in conjunction with Comprehensive Plan Amendment 2004-
02. There was public testimony in opposition to the request that primarily related to
concerns with displacing residences and property owners being forced to sell their
properties for redevelopment. It was further explained that the rezoning of the existing
commercially zoned properties to CBD was to apply one zoning designation for the
downtown area and that it was not associated with any specific development proposal.
The Board voted 4-0 (Pike, Sowards & Walker absent) to recommend approval of the
proposed rezoning.
Ms. McCarthy asked with this type of zoning are there any things that
become non-conforming uses? Mr. Dorling stated financial institutions are a permitted
use in the GC and now become a conditional use in the CBD; movie theatres become a
conditional use in the CBD. The City Attorney stated if they are established they do not
have to go through the process because they are automatically an approved conditional
use. Mr. Dorling stated if they exist today then they would be considered to have
conditional use approval upon adoption. Ms. McCarthy inquired about the businesses
currently on West Atlantic A venue and asked if there are things that become non-
conforming uses. Ms. McCarthy inquired about a vehicle care business that is already in
place. Mr. Dorling stated the business could continue if it is a legal non-conforming use.
The City Attorney stated a legal non-conforming use would apply and because it was
established before in a sense it is grandfathered in and is acceptable. Ms. McCarthy
inquired about what happens if a business sells before this ordinance is voted on. Mr.
Dorling stated ownership does not make a difference because it would still be considered
legal non-conforming. Mr. Dorling stated if the business is legally established as a non-
conforming use and they do not cease operating for six months then the business can
continue operating.
Mayor Perlman opened the public hearing and stated if anyone from the
public would like to speak in favor or in opposition of the ordinance, to come forward at
this time.
Mrs. Angela Randolph, 2525 N. Swinton Avenue, Delray Beach, asked
how the rezoning will affect the people in the community regarding taxation.
Mayor Perlman stated if someone has a private residence and is
homesteaded the most the taxes could go up is 3% on an annual basis. Mrs. Randolph
inquired about rental property in the overlay district. Mr. Levinson stated if the value of
the property because their adjacent uses, both businesses would be valued for that highest
and best use; however, for a single-family residence or a multi-family residence, the
value of the property (in a commercial multi-family) is based upon the value of the rental
mcome. Mr. Levinson stated the change from GC to CBD will have little impact by
itself.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 31-04, the public hearing was closed.
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10/19/04
Ms. McCarthy stated even under the GC zoning because of the market the
taxes are going to continue to go up each year even if the zoning is kept the way that it is.
Ms. McCarthy moved to adopt Ordinance No. 31-04 on Second
Reading/Second Public Hearing, seconded by Mr. Costin. Upon roll call the Commission
voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote.
10.E. RESOLUTION NO. 76-04: Consider approval of Resolution No. 76-04
authorizing the City to sell property located off of Jasmine Drive in the Tropic Isle
Subdivision and Contract for Sale and Purchase between the City and Gold Coast Homes
in the amount of $9,650.00; and approve and accept a utility easement deed to allow the
City to install a drainage pipe from Jasmine Drive to the canal. Prior to consideration of
passage of this resolution, a public hearing has been scheduled to be held at this time.
The caption of Resolution No. 76-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE CITY TO SELL TO BUYER
CERTAIN 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 DELRA Y
BEACH, FLORIDA.
(The official copy of Resolution No. 76-04 is on file in the City Clerk'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 Del ray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one from
the public who wished to address the Commission regarding Resolution No. 76-04, the
public hearing was closed.
Mr. Costin moved to approve Resolution No. 76-04 and acceptance of the
utility easement deed, seconded by Ms. McCarthy. Upon roll call the Commission voted
as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin
- Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
10.F. ORDINANCE NO. 58-04 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending Land Development Regulations (LDR), Appendix
"A" "Definitions", to provide a definition of "Adult Gaming Center", "Coin-Operated
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10/19/04
Amusement Devices", and "Slot Machines" and enacting a new Subsection 4.3.3(AAA)
"Adult Gaming Centers" and clarifying that adult gaming centers are conditional uses in
the General Commercial (GC) and Planned Commercial (PC) Zoning Districts. Prior to
consideration of passage of this ordinance on Second Reading/Second Public Hearing, a
public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 58-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE CITY'S LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRA Y BEACH, FLORIDA, BY
AMENDING APPENDIX " A" TO PROVIDE A
DEFINITION OF "ADULT GAMING CENTER", "COIN-
OPERATED AMUSEMENT DEVICES" AND "SLOT
MACHINES" , BY AMENDING ARTICLE 4.3,
"DISTRICT REGULATIONS, GENERAL
PROVISIONS" , SECTION 4.3.3 "SPECIAL
REQUIREMENTS FOR SPECIFIC USES"; BY
ENACTING A NEW SUBSECTION 4.3.3(AAA),
"ADULT GAMING CENTERS", IN ORDER TO
PROVIDE FOR REGULATION AND ZONING OF
SUCH FACILITIES; AMENDING SECTION 4.4.9,
"GENERAL COMMERCIAL (GC) DISTRICT", AND
SECTION 4.4.12, "PLANNED COMMERCIAL (PC)
DISTRICT" TO INCLUDE ADULT GAMING CENTERS
AMONG THE CONDITIONAL USES ALLOWED IN
BOTH THE GC AND PC ZONING DISTRICTS;
ENACTING SECTION 113.03, "PROHIBITION OF
CONSUMPTION, POSSESSION, OR SALE OF
ALCOHOLIC BEVERAGES", PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 58-04 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 Del ray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated on January 6, 2004
the City Commission approved a conditional use for Spinners Arcade at Military Trail
and Linton Boulevard. During the analysis the issue of whether this type of use would be
considered gambling or not was discussed. At that time, similar operations in the State of
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10/19/04
Florida, more notably in the County of Sarasota were being reviewed by the courts to
determine whether they met the definition of Arcade Amusement Facility and are
therefore exempt from Florida's prohibition on gambling. The Court system has come
back with a finding that it does not meet the condition of gambling. In a concern that
there would be an influx of these adult arcade establishments at its meeting of July 20,
2004, the City Commission approved an ordinance (Ordinance No. 37-04) extending the
moratorium for 90 days (October 20, 2004) to complete the LDR amendments.
Ordinance No. 58-04 allows the type of use as a conditional use in the GC (General
Commercial) and the Planned Commercial (PC) and also establishes criteria to ensure
reduction in any secondary effects that would have a negative impact on the general
public as well as the area surrounding the use. The proposed amendment does not permit
adult gaming centers within 1,000 feet of an existing adult gaming center and does not
permit the use within a designated redevelopment area or in historic structures.
At its meeting of September 27, 2004, the Planning and Zoning Board
held a public hearing regarding the amendment. There was no public testimony
regarding the proposed changes. After discussing the amendment, the Board voted 4-0
(Borchardt, Morris & Walker absent) to recommend approval of the proposed
amendment, based upon positive findings with LDR Section 2.4.5(M).
At first reading, there was a comment by the City Commission whether
there were additional court cases still pending. Mr. Dorling stated there is a case pending
before the 5th District Court of Appeals in V olusia County and if this DCA does in fact
determine the use to be gambling then the differences between the two district courts
would likely have to be certified by the Florida Supreme Court.
Mayor Perlman declared the public hearing open. There being no one who
wished to address the Commission regarding Ordinance No. 58-04, the public hearing
was closed.
Prior to the vote, Mayor Perlman stated he dislikes these things; however,
he feels the City is being forced to have some regulations because of the way the current
court system has gone. He stated on a conditional use this does give the City the ability
to talk about compatibility issues, etc.
Mr. Levinson moved to adopt Ordinance No. 58-04 on Second
Reading/Second Public Hearing, seconded by Mr. Costin. Upon roll call the Commission
voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs.
Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 11, Comments and
Inquiries on Non-Agenda Items from the Acting City Manager and the Public.
11.A. Actin2 City Mana2er's response to prior public comments and
inQuiries.
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10/19/04
Robert A. Barcinski, Acting City Manager, had no response to prior public
comments and inquiries.
11.B. From the Public.
11.B.1. Re2inald Butler. 4639 Franwood Drive. Delrav Beach. asked the
Commission why they decided to move from a GC (General Commercial) district to a
CBD (Central Business District).
Mayor Perlman stated the rationale is the City of Delray Beach created a
Downtown Master Plan to put the zoning in place to facilitate that Plan. It's basically
looking for consistency and redefining the Plan to include everything from 1-95 to A-I-A.
Ms. McCarthy stated there were meetings that were held for citizens who
live in the areas and in the communities that abut it (anyone who wished to attend).
These people came to conclusions of what they wanted to see in the downtown area on
West Atlantic Avenue. Consequently, the Downtown Master Plan was developed along
with the Southwest/Northwest Plan. In order to achieve the goals that were developed
from the citizens' input, it required some zoning changes so the products they were
looking for would be able to be incorporated and become a reality. All the input from the
meetings has been put into a Master Plan and now the Plan is beginning to be
implemented. In order to move forward with the Plan, some of the zoning has to be
changed and modified to accommodate the suggestions that were made.
Mr. Butler inquired about some of the pros and cons. Ms. McCarthy
suggested that Mr. Butler get a copy of the Downtown Master Plan and review it. In
addition, she would like to meet with Mr. Butler once he reviews the Plan.
At this point, the Commission moved to Item 13, Comments and
Inquiries on Non-Agenda Items.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
B.A. Actin2 City Mana2er
Robert A. Barcinski, Acting City Manager, had no comments or inquiries
on non-agenda items.
13.B. City Attornev
The City Attorney had no comments or inquiries on non-agenda items.
13.C. City Commission
13.C.1. Mrs. Archer
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10/19/04
Mrs. Archer stated this past weekend with the support of the Drug Task
Force the South County Recovery Residents' Association had its second seminar. There
were approximately 6-7 sober house operators in attendance and the purpose of the
seminar was to set forth their operating requirements for facilities such as sober houses in
an effort to upgrade the quality of maintenance of the owners of these dwellings and to
make sure that new individuals who come into the area and want to try and operate such a
sober house understand the requirements to do this as set forth by the City codes, the
Police Department, and the Fire Department. She stated in attendance there was Police
Chief Schroeder, Assistant Fire Chief Bill Adams, and Code Enforcement Supervisor
Tom Meeteer giving information about the City of Delray Beach. It's been
approximately eight months since their first seminar in February and since that time
reports from the Police Chief and Code Enforcement indicated that there has been a 50-
60% drop in the number of complaints or calls associated with sober houses. Mrs.
Archer stated the Drug Task Force is very pleased with the fact that they have supported
this effort and that the operators have been most helpful and cooperative in an effort to
try and assist in raising the level of operators in addition to eliminating the operators who
have not been performing satisfactorily. She stated she sees this as huge success. Also,
Mrs. Archer commented about some additional information that came up at the seminar
and noted the Department of Children and Families (DCF) is now establishing criteria for
sober houses based upon the State Supportive Based Initiatives which means they will
have to set forth criteria for the State for registering sober houses in order to be able to
provide support for them so that there will be some regulatory authority involved.
13.C.2. Mr. Costin
Mr. Costin had no comments or inquiries on non-agenda items.
13.C.3. Ms. McCarthv
Ms. McCarthy had no comments or inquiries on non-agenda items.
13.CA. Mr. Levinson
Mr. Levinson commented about the North Swinton Historic Area Proposal
and stated he has been receiving emails and telephone calls from several people who
were concerned over the timing because many people were not here at the time the notice
of the first meeting was conducted. He asked if the City Attorney's office has a question
and answer sheet and maybe some other things that might help mitigate some concerns
about it. He stated one individual stated she was not going to be able to buy
homeowner's insurance if her house was designated historic. Mr. Levinson suggested
that the Commission be updated on the status and possibly interject some correspondence
to some of the people in this neighborhood.
Paul Dorling, Director of Planning and Zoning, stated has distributed
correspondence (i.e. questions and answers). Mr. Dorling stated it is scheduled to come
back to the Historic Preservation Board (HPB) on November 3, 2004 specifically to
- 25 -
10/19/04
address the insurance issue. He stated it does not relate to whether someone is in a
historic district or not but relates to the age of the structure. If this is approved by HPB
on November 3, 2004, then it will be before the Commission on November 16, 2004. If
HPB approves the Lake Ida District, this would be before the Commission for a first
reading on November 2,2004 and a second reading on November 16, 2004.
Mr. Costin stated he has been doing a lot of research on this issue because
he too has received numerous calls and letters. He stated Mr. Dorling is correct that it
does not have to do with the designation of a historic district or a historic structure; it's
the age of the building. Mr. Costin stated he was informed by several insurance agents
that some insurance companies are seriously considering a 25 year age limit on a policy
before an individual updates wiring, plumbing, roofing, etc. Some companies have a 25,
35, 40, and 50 year policy termination unless you upgrade your residence.
Mr. Levinson stated he just wants to make sure that we are getting the
word out so that people are aware of it. He stated there is an email network through the
Lake Ida Homeowners' Association and reiterated that if there is a document with
questions and answers (most frequently asked questions) it may help to answer many of
the concerns. Mr. Dorling stated staff has had a couple public hearing items, have
attended association meetings in addition to distributing a brochure of the positives and
negatives of being in a district and made presentations to them.
13.C.5. Mavor Perlman
Mayor Perlman stated he received a telephone call from Office Depot and
they are going to hold off on their move to Boca Raton pending the hiring of a new CEO
(national search) which could take up to three months. Today, he was informed that the
memo that went out to the employees was that Office Depot was going to sell the
property that they had put under contract in Boca and reinvest in the Delray Beach site.
Mayor Perlman stated this was a little different information than what was told to him
yesterday. Mayor Perlman stated he would like to keep this Fortune 500 Company here
and announced on November 19, 2004, the Commission will meet the Interim CEO.
Secondly, Mayor Perlman stated he had a meeting yesterday with a group
called the SHEF A Fund which is out of Philadelphia. He stated this is a Philanthropic
group that is looking to raise $600,000 for mortgages and to assist homeownership. He
stated they defined it as the Village Academy neighborhood (Southwest area) where they
would like to concentrate their efforts. He stated this would help people to purchase
homes and would be like a revolving loan pool and would be below interest rate market
mortgages. Mayor Perlman asked that this item be placed on the November 9, 2004
Workshop agenda.
He reported that before the hurricane, the Florida Redevelopment
Association won a first place award for the marketing of the Downtown Master Plan.
Mayor Perlman stated we continually run across people that have not heard about it or do
not know the contents. He feels the marketing plan was good but noted there is a
- 26-
10/19/04
- continued need to constantly work on public information and communication in a
practical way.
Lastly, Mayor Perlman stated the Residents' Academy began last week
and he, Vice Mayor McCarthy, and Commissioner Archer were in attendance. He
encouraged people from the public to sign up for the Residents' Academy.
There being no further business, Mayor Perlman declared the meeting
adjourned at 8:05 p.m.
~~~.~)\~~
Acting City Clerk
ATTEST:
~l~
1\ OR
The undersigned is the Acting 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 October 19, 2004, which Minutes were formally approved and adopted by the City
Commission on November 16, 2004
~D.\J~
Acting 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.
r
!
- 27-
10/19/04
\ '
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
- COUNTY: MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
. OR COMMmæ
[J OTHER LOCAL AGENCY
MY
.:;::.~.. '.::': :.:':::":'::-::.:.:.::': . ...... ':;::,:: ::: '.: :.;,:.: :: :·.··:··::}i/·::~_MUSTiìLE·Fom.1iB;:::,::'::":::::::·:::'::"'~'~:~; :.:,::'.:,:.:' '.:. ., :.:::. ':: .,-.::,-.:~.:,,::,:' ::::::: .:, :.~:: ~ . - ~ ~ .
This form is for use by any person serving at the county, city, or other 1oca11evel of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advlsory bodies who are presented with a voting
conftict of interest under Section 112.3143, Ftorida Statutes.
, .
Your responsibilities underthe laW when faced with voting on a measure In which ýou have a conflict of interest win vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
:~~: ~~~~~C'~~7~:~'~"~:~~ry:0:~~": :::"::,;:·:,:·:::':::::\:;::~:::~}:'::t:': ': '". ::- ~..':-::::"::;::::::'::?:'::\":'-::,":::': :':':':":':':-:':':" ':'.::':' ~'"-:":::":~':'~:.:::::':?::'::~ ':':::::,~::,::::.<:-:::";:.:.:::::~',;-:
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
'--
\ person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
nures to his or her special private gain or loss. Each elected or appointed local officer also Is prohibited from knowingly voting on a mea-
sure which Inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (Including the
parent organization or subsidiary of a œrporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
for purposes of this law, a -relative-"lncIudes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A -business associate" means any person or entity engaged In or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any natlonat or regional stock exchange).
.. .. .. . .. .. .. .. .. .. .. .. .. .. . ..
~~~~ltciEÐ~ ~ç~S:(::;:\:/:;:~:':?::/~·:Z:::::::·" :,~:~:.~ -,:.: ::, ,:~':: ::::-:: ;.~:~ /:'.~::: : :::~ :~~:::.;;~~::~:.:.::: ::;: ~':::::::"::: ::~:::::.:- :::. :,::/~-;<:';::::;:;;~/::/ /:~??:.::/:: ~:: ~.. - ~ ~....
, .
In addition to abstaining from voting In the situations described above, you must disclose the conflict.
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your Interest In the measure on which you
~ abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible ~ recording the mln-
utes of the meeting, who should Incorporate the form In the minutes.
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
nAP-POtNTEO OFFICERS··- ,____ ..-----,--,-,".'"" . ".: -, ' , d._ .... "" ..- ,d. .. .
..~ ..~-~ - - - ~~ -'.~.. - . '-'---'-~-'~- --, ' , -' ~ - - - -
~:_~~"~'~~~t"~~~~~'~ j~~~g~i~'~;:'~~~~~~ ~~~bed a~~~.~'~ihe~~' :nay ~~~t:'~'~'~~:';iW~;;~-":
- must disclose the nature of the conflict before making any attempt to Influence the decision, whether orelly or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
. You must complete and file this form (before making any attempt to Influence the decision) with the person responsible for reconIng the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 8B - EFF. 1/2000 PAGE 1
lO\\'\\04 ~\(::)ß
APPOINTED OFFICERS (continued)
-
· A copy d the form must be provided ~1ateIy to the other members of the agency.
. The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
. You must disclose orally the nature of your conflict in the measure before participating.
""-
· You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes, of the
. meeting, who must Incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency. and the fonn must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
~ ~-fi.Øß1t- fE/if M.(!~het6by dloOOse....."" -¿?rt ~çþ J 9 '2op-:
<-I
(a) A measure came or win come befote my agen which (check one)
~ Inured to my special private gain or loss;
_ inured to the special gain or toss of my business associate, .
,
_ Inured to the special gain or loss of my relative, ;
_ Inured to the special gain or loss of ,by
whom I am retained; or
_ inured to the special gain or loss of , which
Is the parent organization or subsidiary of a principal which has retained me. -
(b) The measure bebe my agency and the nature of my confticting Interest In the measure Is as follows:
My Real Estate Agent listed this property pending litigation.
.- -
/().¡!'ð/
Date FUed /
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE -
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 88 . EFF. 112000 PAGE 2
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY: MUNICIPAL AND OTHER LOCAL PU8LIC OFFICERS
,.....-MI
t-
o OTHER LOCAL AGENCY
o APPOINTIVE
WHO MUST FILE FORM 88
This form is for use by any person serving at the county. city, or other local level of government on an appointed or elected board, council.
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of Interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest win vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
"-, person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
nures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
Jure which Inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (Including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a -relative- Includes only the officer's father, mother, son, daughter, husband, wifa, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A *business associate- means any person or entity engaged In or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
· . . . . . . - . . . . . . . .
ELECTED OFFICERS:
In addition to abstaining from voting In the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should Incorporate the form In the minutes.
· . . . . . . . . . . . . . . .
APPOINTED OFFICERS:
Although you must abstain from voting In the situations described above, you otherwise may participate In these matters. However. you
-must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
· You must complete and file this form (before making any attempt to influence the decision) with the person responslbie for recording the
minutes of the meeting, who will Incorporate the form In the minutes. (Continued on other side)
CE FORM 88 - EFF. 1/2000 PAGE 1
\ (')\ \ ç;: \ n'-\ ZL~ \ d-..-f\
APPOINTED OFFICERS (continued)
--.
· A copy of the form must be provided ImmedJately to the other members of the agency.
· The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You must disclose orally the nature of your conflict In the measure before participating.
· You must compfete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
,meeting, who must Incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
~ . DISCLOSURE OF LOCAL OFFICER'S INTEREST ..1
I" ¡UJL ß::r.. J/d:f:y__oo O~lÞ~L! '20;
(a) A measure came or will come fore my age which (check one)
~ inured to my special private gain or loss;
_ Inured to the special gain or loss of my business associate, ;
_ inured to the special gain or loss of my relative, ,
_ inured to the special gain or loss of , by
whom I am retained; or
_ Inured to the special gain or loss of , which
Is the parent orvanization or aubsldiary of a principal which has retained me. -
(b) The measure before my agency and the nature of my conflicting interest In the measure is as follows:
My Real Estate Agent listed this property pending litigation.
NOTICE: UNDER PROVISIONS OF 'FLORIDA STATUTES §112.317, A FAilURE TO MAKE ANY REQUIRED DISCLOSURE -
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOllOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN SALARY, REPRIMAND, OR A
CIVil PENALTY NOT TO EXCEED $10,000.
CE FORM as - EFF. 112000 PAGE 2