11-16-04 Minutes
NOVEMBER 16. 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, November 16,2004.
1.
Roll call showed:
Present - Commissioner Patricia Archer
Commissioner Bob Costin
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Absent - None
Also present were - David T. Harden, City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, City Clerk
At this point, Mayor Perlman stated he would like to observe a moment of
silence in memory of Mr. James Whalen who was the husband of Representative Anne
Gannon. Mr. Whalen passed away last week after a brief and brave battle with cancer.
2. The opening prayer was delivered by Dr. Arflin, Chaplain with Abbey
Delray South.
3.
gl ven.
The Pledge of Allegiance to the flag of the United States of America was
4.
AGENDA APPROVAL.
Mayor Perlman stated the applicant has requested that Item 10.A.,
Ordinance No. 57-04 be removed from the Agenda.
Mr. Levinson requested that Item 8.F., Additional Audit Fees/Ernst &
Youne be moved from the Consent Agenda to the Regular Agenda as Item 9.A.1. and
Item 8.J., Lease Aereement with Delray Toyota be moved to the Regular Agenda as
Item 9.A.2.
Mayor Perlman noted the addition of Item 8.L., Subordination
Aereement (or Community Development Fundine Recipient. to the Consent Agenda
by addendum.
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Mr. Costin moved to approve the Agenda as amended, seconded by Ms.
McCarthy. 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.
Mr. Costin moved to approve the Agenda as amended to include Item 8.L.
(addendum), 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.
5.
APPROVAL OF MINUTES:
Mr. Costin moved to approve the Minutes of the Regular Meeting of
October 19, 2004, seconded by Ms. McCarthy. 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.
At this point, the Commission amended the motion to the Agenda to
include Item 8.L. (addendum).
Ms. McCarthy moved to approve the Minutes of the Regular Meeting of
November 2,2004, seconded by Mr. Levinson. 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.
6. PROCLAMATIONS:
6.A. Reco!!nizin!! and Commendin!! Melvin Sacharow
Mayor Perlman read and presented a proclamation hereby recognizing and
commending MELVIN SACHAROW for his efforts in keeping the traffic in Delray
Beach moving smoothly. Melvin Sacharow came forward to accept the proclamation.
6.B. National Hospice Month - November 2004
Mayor Perlman read a proclamation hereby proclaiming November 2004
as National Hospice Month.
7.
PRESENTATIONS:
7.A. RESOLUTION NO. 81-04: Recognizing and Commending Norma
Smith for 35 years of dedicated service to the City of Delray Beach.
The caption of Resolution No. 81-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, RECOGNIZING
AND COMMENDING NORMA SMITH FOR THIRTY
FIVE YEARS OF DEDICATED SERVICE TO THE
CITY OF DELRA Y BEACH.
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(The official copy of Resolution No. 81-04 is on file in the City Clerk's
office. )
Mr. Levinson moved to approve Resolution No. 81-04, seconded by Mr.
Costin. 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.
Mayor Perlman presented Norma Smith with the resolution and plaque.
Norma Smith came forward to accept the resolution. Ms. Smith gave a few brief
comments regarding her employment history over the last 35 years.
8.
CONSENT AGENDA: City Manager Recommends Approval.
8.A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve
and ratify the actions of the South Central Regional Wastewater Treatment and Disposal
Board at their Quarter Annual Meeting of October 21,2004.
8.B. RESOLUTION NO. 82-04: Approve Resolution No. 82-04 assessing
costs for abatement action required to remove nuisances on nine (9) properties throughout
the City.
r
The caption of Resolution No. 82-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRA Y 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. 82-04 is on file in the City Clerk's
office. )
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11/16/04
8.C. RESOLUTION NO. 83-04: Approve Resolution No. 83-04 assessing
costs for action necessary to remove junked and/or abandoned vehicles ftom eight (8)
properties throughout the City.
The caption of Resolution No. 83-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, PURSUANT
TO CHAPTER 90 OF THE CODE OF ORDINANCES OF
THE CITY OF DELRA Y BEACH, ASSESSING COSTS
FOR ABATING NUISANCES BY REMOVING JUNKED
AND/OR ABANDONED VEHICLES WITHIN THE
CITY OF DELRA Y BEACH; SETTING OUT ACTUAL
COSTS INCURRED BY THE CITY TO ACCOMPLISH
SUCH ABATEMENT AND LEVYING SAID COSTS;
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; PROVIDING FOR THE
MAILING OF NOTICE OF LIEN.
(The official copy of Resolution No. 83-04 is on file in the City Clerk's
office.)
8.D. FDOT UTILITY PERMIT & HOLD HARMLESS
A(;REEMENT/302-304 S.E. 5TH AVENUE: Authorize the City to act as the utility
permit applicant for a water service connection within the state right-of-way (located at
302-304 S.E. 5th Avenue, southbound U.S. 1) and approve a Hold Harmless Agreement
with the developer (Rockwell Development Company).
8.E. FDOT UTILITY PERMIT & HOLD HARMLESS
AGREEMENT/DEPOT ROAD: Authorize the City to act as the utility permit
applicant for force main work performed within the state right-of-way (Depot Road,
under 1-95) and approve a Hold Harmless Agreement with the developer (J & D
Corporation of South Florida).
8.F. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.1.
8.G. IN-LIEU OF PARKING FEE AGREEMENT/JOE'S
RESTAURANT: Approve an In-Lieu of Parking Fee Agreement with Joe's Restaurant
for the purchase of four (4) in-lieu parking spaces in the amount of $48,000.00. Joe's
Restaurant is located at 19-23 S.E. 5t Avenue (Southbound Federal Highway).
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8.H WATER SERVICE AGREEMENT/NEW ROCHELLE PLAZA
(AKA TIRE KINGDOM): Approve a water service agreement for New Rochelle Plaza
(aka Tire Kingdom) an unincorporated County parcel, located at the northwest corner of
Military Trail and Conklin Drive.
8.1. AGREEMENT WITH PENCIL. INC.: Approve an agreement with
PENCIL, Inc., a non-profit organization that encourages private sector and civic
involvement to support the public schools by inviting individuals to be "Principal For A
Day".
8.J. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.2.
8.1(. AWARD OF BIDS AND CONTRACTS:
1:
Purchase award to PVS Technologies, Inc. in the amount of
$170,000.00 for ferric chloride for use in the Water Treatment
Plant. Funding is available from 441-5122-536-52.21
(Water/Sewer Fund/Chemicals).
Purchase award to Otto Waste Systems in the amount of
$35,000.00 for the purchase of garbage carts with lids as a sole
source purchase. Funding is available from 433-3711-534-49.35
(Sanitation/Cart Renewal and Replacement).
Purchase award to Club Car Transportation and Utility Vehicles
for the purchase of four (4) 2004 Turf Gasoline Utility Vehicles in
the amount of $21,400.00 via the Florida State Contract 070-840-
400. Funding is available from 445-4761-572-64.90 (Delray
Municipal Golf Course/Other MachineryÆquipment) and 446-
4761-572-64.90 (Lakeview Golf Course/Other
MachineryÆquipment).
Contract award to Rosso Paving & Drainage, Inc. in the amount of
$895,651.65 for the N.E. 4th Avenue (N.E. Atlantic Avenue to N.E.
2nd Street) Beautification Project. Funding is available from 334-
3162-541-65.81 (General Construction Fund/N.E. 4th Avenue-East
Atlantic), 448-5461-538-65.81 (Stormwater Utility Fund/N.E. 4th
Avenue), 442-5178-536-63.51 (Water/Sewer Renewal &
Replacement Fund/Sewer Mains) and 441-5181-536-65.96
(Water/Sewer Fund/Other Improvements/Reclaimed Water
Transmission).
2.
3.
4.
8.L. SUBORDINATION AGREEMENT FOR COMMUNITY
DEVELOPMENTFUNDING RECIPIENT: Authorize and approve subordination of
the City's second mortgage in the amount of $22,500.00 to allow the applicant to secure
new financing.
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11/16/04
Mr. Levinson moved to approve the Consent Agenda as amended,
seconded by Mr. Costin. 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.
REGULAR AGENDA:
9.A.1. ADDITIONAL AUDIT FEES/ERNST & YOUNG: Approve the
payment of additional Audit Fees for FY 2003 in the amount of $20,000.00 to Ernst &
Young for the debt refunding bond issue transactions and the new GASB 34 transaction
reporting requirements. Funding is available from various departments' operating
expense budget.
Mr. Levinson stated it is distressing that Ernst & Young were not aware of
the scope that the City was going to have. He stated the City has been discussing GASB
34 for approximately three years. Mr. Levinson stated he appreciates Mr. Safford's
negotiating the amount from $30,000 to $20,000.
The City Manager stated since the managing partner who worked with the
City for many years retired and the City was being managed out of the Orlando office,
the service has been poor.
Joseph Safford, Finance Director, stated he was very displeased with the
performance of the auditors. Mr. Safford stated the partner in Orlando never came down
for the audit and management letters were never discussed. He stated this is normally
standard procedure. He stated this is the best resolution staff was able to get out of the
package. Mr. Safford stated he is very pleased with the new auditors the City of Delray
Beach has now.
Mr. Levinson stated Ernst & Young has been having difficulties
throughout the country.
Ms. McCarthy asked what the consequence would be if the City of Delray
Beach does not pay it because this was based on an RFP with an agreed price for
services? In response, Mr. Safford stated the City of Delray Beach had a contract with
Ernst & Young and it states "if there is extraordinary items that come up during the year
they reserve the right to come back for additional fees".
Mayor Perlman asked if Ernst & Young had communicated with the
Finance Department, would staff of been able to do something to mitigate the fees? In
response, Mr. Safford stated in an audit the Finance Department has their functions and
the auditing firm has their functions. Mr. Safford stated there was a complex Refunding
Bond Issue in the middle of the year which involved several funds.
Brief discussion by the Commission followed.
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Mr. Levinson moved to approve the additional audit fees in the amount of
$20,000 contingent upon the City receiving the necessary work papers from Ernst &
Young, 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 - No. Said motion passed with a 4 to 1 vote, Mayor Perlman dissenting.
9.A.2. LEASE AGREEMENT WITH DELRAY TOYOTA: Approve a lease
agreement with Delray Toyota to lease five (5) Toyota Camry LE's for thirty-nine (39)
months in the amount of $57,447.00 to support the existing Community Observer Patrol
(COP) Volunteer Program. Funding is available in 001-2113-521-44.40 (General
Fund/V ehicle Rental/Lease).
Mr. Levinson suggested that staff look into hybrid cars for the Community
Observer Patrol (COP) Program particularly with the price of gasoline. Mr. Costin stated
it may be advantageous to get one hybrid car as a test. The City Manager stated staffwill
evaluate this.
Mr. Costin moved to approve the Lease Agreement with Delray Toyota,
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.A. EXTENSION OF CONDITIONAL USE
REOUESTIWEATHERSPOON CAR WASH: Consider a request to extend the
conditional use approval to allow the establishment a car wash facility to be known as
Weatherspoon Car Wash, located on the west side of North Federal Highway (2210
North Federal Highway), approximately 1,600 feet south of Gulf Stream Boulevard.
(Quasi-Judicial Hearing)
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, 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 contacts were disclosed.
"
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2004-192 into the record.
Mr. Dorling stated this is a 0.59 acre property located in the North Federal
Highway Redevelopment Area and Overlay District.
At its meeting of June 3, 2003, the City Commission approved the
conditional use request to establish a self-service car wash facility to be known as
Weatherspoon Car Wash. This approval is set to expire on December 3, 2004 and a 24
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month extension is now being requested. Mr. Dorling stated while there have been
several modifications made to the LDR's, there have been no changes which would have
an impact on the development proposal. Staff recommends approval given this factor and
the original findings with respect to Chapter 3 (Performance Standards) and Section
2.4.5(E)(5) of the LDR's and policies ofthe Comprehensive Plan.
Mayor Perlman stated if anyone from the public would like to give
testimony on this item, to come forward at this time. There being no one from the public
who wished to speak in favor or in opposition of the conditional use, the public hearing
was closed.
Mr. Costin moved to approve the extension of the conditional use request
for Weatherspoon Car Wash, 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.
9.B. CONTRACT AWARD/CHAZ EOUIPMENT. INC.: Consider
approval of a contract award to third lowest bidder, Chaz Equipment, Inc., in the amount
of $1,730.052.50 for construction of the Area One Reclaimed Water Transmission
System. Funding is available ftom 441-5181-536-65.96 (Water/Sewer Fund/Reclaimed
Water Transmission System).
Richard Hasko, Director of Environmental Services, stated the apparent
low bidder was MEF Construction, Inc. The second low bidder was Chaz Equipment
Company, Inc. and the third bidder was Cornerstone. Staff found a mathematical error in
the bid for Chaz Equipment and moved them to the third lowest bidder. MEF
Construction, Inc. (low bidder) failed to include the questionnaire forms in their bid
which prevented staff the ability to determine what their qualifications were for
performing this work. Also, in their package there was no indication of their
underground utility experience and no subcontractor information. For these reasons, Mr.
Hasko stated their bid is considered non-responsive. Cornerstone Business, Inc. (second
low bidder) did not acknowledge Addendum No. 2 which had an affect on the cost for
some of the materials. This bid is therefore considered non-responsive; however, they
did submit the required questionnaires. Chaz Equipment (effectively the third bidder)
met all the requirements and has a very successful history with the City of Delray Beach.
The difference between the second and third bid is approximately $1,025.00.
Prior to the vote, Mr. Costin asked if Atlantic High School will have the
opportunity to take advantage of this utility line. In response, Mr. Hasko stated in the
Master Plan they are planning to accommodate for the demand from the new Atlantic
High School.
Mrs. Archer moved to approve the contract award to Chaz Equipment, Inc.
(third lowest bidder) in the amount of $1,730,052.50, 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
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vote.
9.C. PALM BEACH COUNTY LEAGUE OF CITIES/HOST FOR
GENERAL MEMBERSHIP MEETING: Consider a request fÌ'om the Palm Beach
County League of Cities for the City to host a League meeting in 2005.
It was the consensus of the Commission to host a League meeting
sometime in 2005.
Mrs. Archer suggested that we do not host the meeting in March due to the
Election.
The City Manager stated staff will work with the League regarding a
meeting date.
9.D. ACOUISITION OF PROPERTYIBEXLEY PARK EXPANSION:
Consider authorizing the acquisition of property by gift, purchase, or eminent domain of
three (3) properties adjacent to the Bexley Park site for the expansion of Bexley Park.
The City Attorney stated each of the following resolutions pertain to
parcels ofland that are currently east of Bexley Park. Resolution No. 84-04 is a 3.18 acre
parcel owned by Maureen Churchill, Resolution No. 85-04 is a 5 acre parcel owned by
Joyce Willis, and Resolution No. 86-04 is a 3.03 acre parcel owned by Bill and Lou
Malkemes. The City Attorney stated she has had some successful meetings with Mrs.
Churchill and Mr. Malkemes regarding proceeding with negotiations. Mrs. Willis is
present this evening. However, if the Commission wishes, the City can begin the process
of acquisition and the resolutions are necessary to make sure this happens in a timely
manner. The City Attorney noted that there is also another property that is not covered
by the resolutions which is owned by Mr. Mason who is also present this evening.
Mr. Levinson stated at this point he is not in favor of moving forward with
these three resolutions. He feels the higher priority is to secure the site for the activity
center (senior center) and does not see that this will make a good site for the senior
center. He reiterated that he does not feel the City should move forward with these
resolutions yet until the other two sites are looked at for the potential ofthe senior center.
The City Manager stated if the Commission would like to acquire these
properties then staff needs direction to do so because there are other interested buyers. If
the Commission feels that there should be another park in another location instead of
expanding this one, then the City can look for other land.
Mrs. Archer stated this is a rare opportunity to acquire the land while it is
still reasonably affordable. She feels if the City does not acquire the property now the
City will pay more at a later date.
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The City Manager stated to keep in mind that if the Commission chooses
to purchase only this land, the appraisal is above what was budgeted for land acquisition.
Therefore, the City would have to borrow another $2-$3 million to buy the properties and
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11/16/04
do the development as promised to the voters.
Mr. Levinson inquired what the City is going to do with this land. Mrs.
Archer stated the land will be used as a park. Mr. Levinson stated the proposals show (1)
the senior center and (2) an additional walking path and lake.
Mrs. Archer stated this is a good opportunity for the City and she feels the
City should act on this as soon as possible.
Mr. Costin concurs with comments expressed by Commissioner Archer.
He stated vacant land in Delray Beach is becoming a rare commodity and he feels if the
land is available and we can accommodate the cost he thinks the City should acquire it.
However, he also concurs with comments expressed by Commissioner Levinson that the
senior center is the first priority.
Ms. McCarthy stated the senior center should be the number one priority.
Mayor Perlman stated there appears to be reluctance from some of the
surrounding communities to have lighted ball fields, and noise at night, etc. He stated
then one has to weigh the desire to have a big park versus the cost.
Mr. Levinson stated he feels at this point it is a matter of dollars.
The City Manager stated another approach would be to acquire a portion
the property now.
Mayor Perlman inquired about the willing seller. The City Attorney stated
the 3.18 acre parcel is the willing seller.
Mr. Levinson suggested auctioning all three sites.
Mr. Costin concurred with comments expressed by Mr. Levinson with the
provision that the City move forward with the site for the senior center.
Brief discussion followed between staff and the Commission.
Mayor Perlman asked if there is short term financing available. The City
Manager stated short term financing is available.
Ms. McCarthy stated if acquiring this land is going to use up a higher
percentage of the bond dollars and the City will not be able to do other things that they
have committed to doing then she does not understand how this can be a good thing.
The City Manager stated the City has a moral obligation to do what they
said to the public they would do.
Brief discussion followed by the Commission.
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Ms. McCarthy is in favor of having more parks that are accessible to more
members of the public rather than having one large park.
Mayor Perlman stated the City should be aggressive and look at other sites
as well.
9.D.1. RESOLUTION NO. 84-04: Consider approval of Resolution No. 84-04
authorizing the acquisition of a 3.18 acre parcel of property owned by Maureen
Churchill, by gift, purchase, or eminent domain for the Expansion of Bexley Park.
The caption of Resolution No. 84-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE
ACQUISITION OF FEE SIMPLE TITLE TO CERTAIN
REAL PROPERTY HEREAFTER DESCRIBED FOR
THE PUBLIC PURPOSE OF THE DEVELOPMENT OF
A CITY P ARK/RECREATION/COMMUNITY CENTER
AND OPEN SPACE FACILITY; DECLARING THAT
THE ACQUISITION OF THE PROPERTY IS
NECESSARY FOR SAID PUBLIC PURPOSE;
AUTHORIZING THE HIRING OF LEGAL COUNSEL,
APPRAISERS, AND EXPERTS IN OTHER
DISCIPLINES AND THE FILING OF EMINENT
DOMAIN PROCEEDINGS PURSUANT TO CHAPTERS
73 AND 74, FLORIDA STATUTES; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
(The official copy of Resolution No. 84-04 is on file in the City Clerk's
office.)
Mr. Costin moved to approve Resolution No. 84-04 authorizing the
acquisition of a 3.18 acre parcel of property for the expansion of Bexley Park, seconded
by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes;
Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - No; Ms. McCarthy - No. Said
motion passed with a 3 to 2 vote, Commissioner Levinson and Commissioner McCarthy
dissenting.
9.D.2. RESOLUTION NO. 85-04: Consider approval of Resolution No. 85-04
authorizing the acquisition of a 5 acre parcel of property owned by Joyce Willis, by gift,
purchase, or eminent domain for the Expansion of Bexley Park.
The caption of Resolution No. 85-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE
ACQUISITION OF FEE SIMPLE TITLE TO CERTAIN
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11/16/04
REAL PROPERTY HEREAFTER DESCRIBED FOR
THE PUBLIC PURPOSE OF THE DEVELOPMENT OF
A CITY P ARK/RECREA TION/COMMUNITY CENTER
AND OPEN SP ACE FACILITY; DECLARING THAT
THE ACQUISITION OF THE PROPERTY IS
NECESSARY FOR SAID PUBLIC PURPOSE;
AUTHORIZING THE HIRING OF LEGAL COUNSEL,
APPRAISERS, AND EXPERTS IN OTHER
DISCIPLINES AND THE FILING OF EMINENT
DOMAIN PROCEEDINGS PURSUANT TO CHAPTERS
73 AND 74, FLORIDA STATUTES; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
(The official copy of Resolution No. 85-04 is on file in the City Clerk's
office.)
Mr. Costin moved to approve Resolution No. 85-04 authorizing the
acquisition of a 5 acre parcel of property, seconded by Mrs. Archer. Upon roll call the
Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - No;
Ms. McCarthy - No; Mayor Perlman - Yes. Said motion passed with a 3 to 2 vote,
Commissioner Levinson and Commissioner McCarthy dissenting.
9.D.3. RESOLUTION NO. 86-04: Consider approval of Resolution No. 86-04
authorizing the acquisition of a 3.03 acre parcel of property owned by Bill and Lou
Malkemes, by gift, purchase, or eminent domain for the Expansion ofBexley Park.
The caption of Resolution No. 86-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE
ACQUISITION OF FEE SIMPLE TITLE TO CERTAIN
REAL PROPERTY HEREAFTER DESCRIBED FOR
THE PUBLIC PURPOSE OF THE DEVELOPMENT OF
A CITY P ARK/RECREATION/COMMUNITY
CENTER AND OPEN SPACE FACILITY;
DECLARING THAT THE ACQUISITION OF THE
PROPERTY IS NECESSARY FOR SAID PUBLIC
PURPOSE; AUTHORIZING THE HIRING OF LEGAL
COUNSEL, APPRAISERS, AND EXPERTS IN OTHER
DISCIPLINES AND THE FILING OF EMINENT
DOMAIN PROCEEDINGS PURSUANT TO
CHAPTERS 73 AND 74, FLORIDA STATUTES;
PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
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11/16/04
(The official copy of Resolution No. 86-04 is on file in the City Clerk's
office. )
Mr. Costin moved to approve Resolution No. 86-04 authorizing the
acquisition of a 3.03 acre parcel of property for the expansion of Bexley Park, seconded
by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes;
Mr. Levinson - No; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes.
Said motion passed with a 4 to 1 vote, Commissioner Levinson dissenting.
At this point, the City Attorney asked for direction regarding the single
parcel. The City Manager stated he does not recommend that the City acquire this piece
because it is very expensive. If a community center was going to be put there and there
was a need for vehicular access then he would recommend it.
Mr. Costin commented that the City move forward as rapidly as possible
in trying to accommodate the senior center site.
9.E. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Consider approval of the actions and decisions made by the Land
Development Boards for the period November 1, 2004 through November 12,2004.
Mayor Perlman stated he would like to appeal the Site Plan Review and
Appearance Board (SPRAB) Item "D". He suggested that a masonry wall be installed to
create a buffer between the proposed park and Harbourside and work with the County
Commission to help pay for it.
Prior to the vote, Ms. McCarthy stated she attended the SPRAB meeting
when this item was being debated. She stated there was a lot of discussion about
alternative things to do such as putting up fences, bushes, trees, etc. and vagrants who are
staying in this area. Therefore, this is causing additional apprehension by the residents
who actually park and use that space because they expressed concern over the safety
factors. Ms. McCarthy stated she would like the Commission to be aware of this in the
event this was not indicated in the minutes of the SPRAB meeting. She stated the fence
is not really a safety precaution at six feet high and therefore she is in favor of the wall as
well.
Mr. Levinson moved to approve the appeal of the Site Plan Review and
Appearance Board (SPRAB) Item "D" to a date certain of December 6, 2004, seconded
by Mrs. Archer. 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.
At this point, the time being 7:16 p.m. the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
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10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 57-04: Annexation, Small-Scale Future Land Use
Map (FLUM) Amendment ftom County HR (High Density Residential-8 dwelling units
per acre) to City MD (Medium Density Residential 5-12 dwelling units per acre), and
rezoning ftom AR (Agricultural Residential) to RM (Medium Density Residential) for a
4.86 acre property, located on the west side of Military Trail, approximately 700 feet
south of Atlantic Avenue. 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. 57-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
ANNEXING TO THE CITY OF DELRA Y BEACH, A
PARCEL OF LAND LOCATED 710 FEET SOUTH
OF WEST ATLANTIC AVENUE AND 260 FEET
WEST OF MILITARY TRAIL, AS MORE
PARTICULARLY DESCRIBED HEREIN, WHICH
LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS; REDEFINING THE
BOUNDARIES OF THE CITY TO INCLUDE SAID
LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; AFFIXING AN
OFFICIAL LAND USE DESIGNATION OF MD
(MEDIUM DENSITY RESIDENTIAL 5-12 DU/AC)
FOR SAID LAND TO THE FUTURE LAND USE
MAP AS CONTAINED IN THE COMPEHENSIVE
PLAN; ELECTING TO PROCEED UNDER THE
SINGLE HEARING ADOPTION PROCESS FOR
SMALL SCALE LAND USE PLAN AMENDMENTS;
PROVIDING FOR THE ZONING THEREOF TO RM
(MEDIUM DENSITY RESIDENTIAL) DISTRICT, A
FLEXffiLE ZONING DISTRICT WHICH ALLOWS A
DENSITY OF 6 TO 12 UNITS PER ACRE AND
AUTHORIZES A DENSITY SUFFIX TO BE
AFFIXED THAT LIMITS THE DENSITY TO A
DENSITY LESS THAN 12 BUT MORE THAN 6
UNITS PER ACRE; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 57-04 is on file in the City Clerk's
office.)
This item has been removed due to the applicant's request.
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11/16/04
10.B. ORDINANCE NO. 59-04 (SECOND READING/SECOND PUBLIC
HEARING): City initiated amendment to Land Development Regulations (LDR),
4.3.4(K) "Development Standards Matrix" to provide for a change in the minimum
building setbacks and Section 4.4.24, "Old School Square Historic Arts District"
(OS SHAD), to provide for changes to the Principal Uses, Accessory Uses, Conditional
Uses, Review and Approval Process, Development Standards and Special District
Regulations to regulate development size, massing, and scale. 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. 59-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SUBSECTION 4.3.4(K),
"DEVELOPMENT STANDARDS MATRIX", TO
PROVIDE FOR A CHANGE IN THE MINIMUM
BUILDING SETBACKS; AMENDING SECTION 4.4.24,
"OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT
(OSSHAD)", TO PROVIDE FOR CHANGES TO THE
PRINCIPAL USES, ACCESSORY USES,
CONDITIONAL USES, REVIEW AND APPROVAL
PROCESS, DEVELOPMENT STANDARDS AND
SPECIAL DISTRICT REGULATIONS IN ORDER TO
HELP REGULATE DEVELOPMENT SIZE, MASSING
AND SCALE; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 59-04 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 Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated the City
Commission raised concerns that the current Old School Square Historic Arts District
(OS SHAD) zoning district regulations were not adequate enough to discourage
development or redevelopment that would negatively impact the character of the district.
Therefore, staff was directed to study this issue. The proposed text amendment will
allow no more than two residential units in a mixed use structure. The LDR change will
also will also clarify that multiple family structures and townhouses are not currently
permitted in the district, while not preventing residential uses in a mixed-use structure in
a manner more consistent with the neighborhood. The amendment also limits the width
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11/16/04
of a building fronting a street to 60 feet and requires a minimum separation of 15 feet
between buildings fronting a street for a development site that contains more than one
structure. These dimensions have been selected as it reflects the prominent development
pattern given the average lot width of 75 feet and requires side setbacks of 7 ~ feet
within the district. In order to accommodate massing and scale appropriate to the district,
the floor area for the third floor shall be no more than 50% of the second floor area and
the building setbacks or planes of the façade shall be offset and varied to provide visual
relief.
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment
must be based upon a finding that the amendment is consistent with and furthers the
Goals, Objectives, and Policies ofthe Comprehensive Plan.
At its meeting of October 18, 2004, the Planning and Zoning Board
considered this request. There were two members of the public who spoke in opposition
to the amendment. One person owned two properties and was concerned that he could
not add additional units on the property as a result of the amendment. He was informed
that multiple family structures are currently not allowed and the amendment will provide
clarification to that affect. A representative from Dharma properties expressed concerns
with limiting the width of the structures fronting a street and felt that existing historic
structures could not be constructed based on the proposed amendment. After discussing
the amendment, the Board voted 5-1 (Pike dissenting, Krall absent) to recommend
approval of the proposed amendment by adopting the findings of fact and law contained
in the staff report and finding that the request is consistent with the Comprehensive Plan
and meets criteria set forth in Section 2.4.5(M) of the LDR's.
Mayor Perlman declared the public hearing open.
John Romano, representing Dharma Properties, Inc., (1005 Lake Avenue,
Lake Worth, FL), stated he appeared before the Planning and Zoning Board and entered
their objection into the record. Mr. Romano entered a letter from Paul Nicoletti (a
Planning and Zoning lawyer) into the record which sets forth their position and
objections. Mr. Romano stated there will be a meeting on Friday, November 19, 2004,
with Jeff Costello, Assistant Planning Director. Mr. Romano requested that this
ordinance be moved to a date certain (the next meeting or the meeting after) to allow both
parties adequate time to continue to work through some problems.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 59-04, the public hearing was closed.
Prior to the vote, brief discussion between staff and the Commission
followed.
Mr. Levinson moved to adopt Ordinance No. 59-04 and the amendment to
LDR Sections 4.3.4(K) and 4.4.24 by adopting the findings of fact and law contained in
the staff report and finding that the request is consistent with the Comprehensive Plan and
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11/16/04
meets criteria set forth in Section 2.4.5(M) of the LDR's on Second and FINAL Reading,
seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms.
McCarthy - No; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes. Said motion passed with a 4 to 1 vote, Commissioner McCarthy
dissenting.
10.C. ORDINANCE NO. 49-04 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending Chapter 2, "Administrative Provisions", of the
Land Development Regulations by amending Section 2.4.6(H), "Temporary Use Permit"
regarding horse drawn carriages to allow the use of horse drawn carriages (for special
events) if the owner or operator has a license agreement approved by the City
Commission and providing for limited hours in the summer season. 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. 49-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES,
BY AMENDING SUBSECTION 2.4.6 (H)(3)(D) BY
ADDING SUBSECTION 2.4.6(H)(3)(D), (2),
ALLOWING THE USE OF HORSE DRAWN
CARRIAGES FOR SPECIAL EVENTS IF THE
OWNER OR OPERATOR HAS A LICENSE
AGREEMENT APPROVED BY THE CITY
COMMISSION AND PROVIDING FOR LIMITED
HOURS IN THE SUMMER SEASON; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 49-04 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 Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this ordinance
would allow horse drawn carriages for special events, however, limited to weddings if the
owner/operator enters into a license agreement with the City of Delray Beach. Horse
drawn carriage special event rides would not be permitted before 6:00 p.m. or after 10:00
p.m. from June 1st through November 1 st for all special events except for weddings which
are also allowed to occur between the hours of 8:00 a.m. and 12:00 noon from June 1st
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11/16/04
through November 1st. This restnctlon would assure that the rides would not be
conducted between the hottest parts of the day.
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment
must be based upon a finding that the amendment is consistent with and furthers the
Goals, Objectives, and Policies of the Comprehensive Plan. While the amendment does
not specifically further the Goals, Objectives and Policies of the Comprehensive Plan, it
is not inconsistent with them. Therefore, a positive finding can be made with respect to
LDR Section 2.4.5(M)(5).
At is meeting of August 26, 2004, the Planning and Zoning Board first
considered the amendment and after discussing the amendment it was continued with
direction to provide clarifying language. The ordinance was amended by the City
Attorney's office and reconsidered by the Board at their October 18th meeting. The
Board took public testimony from the owner of Horse Drawn Carriages, Inc. who felt
there should be no restrictions on the hours of operation. After deliberation, the Planning
and Zoning Board recommended approval of the proposed amendment without the
language restricting hours of operation, by adopting the findings of fact and law
contained in the staff report and finding that the request is consistent with the
Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the LDR's. At its
meeting of August 12,2004, the Community Redevelopment Agency (CRA) considered
the LDR amendment and after discussion, voted to defer this item to the City
Commission. At its meeting of August 13,2004, the Downtown Development Authority
(DDA) considered the amendment and recommended denial. The Board felt that there
should be no restrictions on the hours of operation because that would be self regulated
by the carriage operators.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 49-04,
the public hearing was closed.
Mr. Levinson moved to adopt Ordinance No. 49-04 and the amendment to
the LDR's Section 2.4.6(H)(3), "Regulations and Restrictions" by adding Subsection
2.4.6(H)(3)(d)(2), allowing Horse Drawn carriages rides for special events if the operator
has a license agreement approved by the City Commission and providing limited hours in
the summer season by adopting the findings of fact and law contained in the staff report
and finding that the request is consistent with the Comprehensive Plan and meets criteria
set forth in Section 2.4.5(M) of the LDR's on Second and FINAL Reading, seconded by
Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - No;
Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said
motion passed with a 4 to 1 vote, Mayor Perlman dissenting.
10.D. ORDINANCE NO. 66-04 (FIRST READING/FIRST PUBLIC
HEARING): An ordinance amending Land Development Regulations (LDR) to create a
new Article 4.7, "Family/Workforce Housing", enacting 4.4.6(H)(6), "Density Bonuses",
amending Article 4.5, "Overlay and Environmental Management Districts", by enacting
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11/16/04
4.5.9, "Southwest Neighborhood Overlay District", 4.5.10, "Southwest 10th Street
Overlay District", and 4.5.11, "Carver Estates Overlay District", to provide for
regulations and incentives to build workforce housing and to create overlay districts
which are entitled to density bonuses for the provision of workforce housing units. If
passed, a second public hearing will be scheduled for December 6, 2004. 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. 66-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, TO
CREATE A NEW ARTICLE 4.7,
"F AMIL Y /WORKFORCE HOUSING", PROVIDING
FOR REGULATIONS AND INCENTIVES TO BUILD
WORKFORCE HOUSING AND ENSURING THAT THE
CITY HAS SUFFICIENT F AMIL Y /WORKFORCE
HOUSING; AMENDING 4.4.6, "MEDIUM DENSITY
RESIDENTIAL (RM) DISTRICT" BY ENACTING
4.4.6(H)(6), "DENSITY BONUSES", TO PROVIDE FOR
DENSITY BONUSES IN CERTAIN OVERLAY
DISTRICTS; AMENDING ARTICLE 4.5, "OVERLAY
AND ENVIRONMENTAL MANAGEMENT
DISTRICTS", BY ENACTING 4.5.9, "SOUTHWEST
NEIGHBORHOOD OVERLAY DISTRICT", 4.5.10,
"SOUTHWEST 10TH STREET OVERLAY DISTRICT"
AND 4.5.11, "CARVER ESTATES OVERLAY
DISTRICT", CREATING OVERLAY DISTRICTS
WHICH ARE ENTITLED TO DENSITY BONUSES FOR
THE PROVISION OF WORKFORCE HOUSING UNITS;
PROVIDING A SAVINGS CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE
(The official copy of Ordinance No. 66-04 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 ofthe City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this is the creation
of three overlay districts in which bonuses are awarded for the privilege of workforce
housing in the very low, low, and moderate catego~. The districts include the Southwest
Neighborhood Overlay District, the Southwest lOt Street Overlay District, and Carver
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11/16/04
Estates Overlay District. The Southwest Neighborhood Overlay District is being
implemented as the Southwest Neighborhood Plan and it is called for in that Plan. The
other districts are being created to accommodate a privately initiated development as well
as a Future Redevelopment expansion of Carver Estates and the adjacent properties they
have acquired. The goal of each is to assure that as development occurs that an
affordable workhouse product component is included and to provide opportunities for
existing residents to remain in the area. The Southwest Neighborhood Overlay District
will allow additional densities above 12 units per acre to a maximum of 24 units to the
acre based upon the provision of these workforce housing units. The bonus would vary
based upon affordability, home size, and ownership vs. rental units. Greater bonus units
are allotted for very low vs. low or moderate, for larger 4 or above bedroom homes vs. 3
bedroom homes, and for ownership units vs. rental units. Bonus units could be awarded
by contributing to a housing trust fund ($60,000 per bonus unit) or by donating land
(buildable lots). To achieve the maximum of 12 units per acre, the developments must
substantially meet the existing performance standards as well as provide a minimum of
20% workforce housing units. All workforce housing units are to remain affordable for a
period of no less than 30 years and will be enforced through recorded deed restrictions.
There is a section in the Southwest 10th Street Overlay District at least 75% of the
workforce housing units shall be 3 bedroom units offered for initial sale not to exceed
$225,000 and 25% of the workforce housing may be 2 bedroom units offered at the low
income affordability rate.
Pursuant to LDR Section 2.4.5(M)(5) approval of an LDR amendment
must be based upon a finding that the amendment is consistent with and furthers the
Goals, Objectives, and Policies of the Comprehensive Plan. This amendment furthers the
following Comprehensive Plan policy and is consistent with the recently modified Future
Land Use Element Medium Density residential text description. Mr. Dorling stated the
amendment furthers the specific reference in Future Land Use Element Policy C-1.7and
the recently amended Medium Density Residential text which specifically identifies
workforce housing as a directive.
At their meeting of November 11, 2004, the Community Redevelopment
Agency (CRA) reviewed the LDR amendment and unanimously recommended approval.
The West Atlantic Avenue Redevelopment Coalition (WARC) considered the
amendment at their November 10, 2004 meeting and unanimously recommended
approval of the amendment. A public meeting was held at Old School Square on
November 8, 2004 to discuss this ordinance. While attendance was light, there was
overwhelming support for the ordinance. At its meeting of November 15, 2004, the
Planning and Zoning Board considered this ordinance and recommended approval. Some
concerns were brought up by members of the public and staff has met with the City
Attorney today and discussed those specific issues.
Joe Gray, JEG Urban Planning Associates, stated for the past several years
he has been working with residents of the Southwest community and staff to (1)
redevelop a Plan for the revitalization of the Southwest area and (2) see if the Plan gets
implemented. Mr. Gray stated this ordinance is a powerful new tool that will allow this
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11/16/04
to happen. He stated there are several goals that are addressed in the ordinance. One
goal is to insure a variety of housing choices in the Southwest community so that people
could advance through the various stages of life and stay in the community. A second
goal is to create affordable housing opportunities so that people, who currently live there,
will not be pushed out of the community. A third goal is to replace some of the
substandard housing in the community and build on some of the vacant lots in the area.
The fourth goal is to establish a resource pool to continue making improvements in the
community. Mr. Gray stated he feels it will be simpler to use a flat form of using a
family of four relative to income determinations. The second issue was related to the
way the houses would be priced based on a fixed 30 year blended mortgage. He stated all
the units would have a 30 year restriction which would be enforced by a deed restriction.
He stated universal language will be drafted for this covenant so that everyone is not
coming up with their own language for those restrictions. Mr. Gray stated there is an
issue about whether or not these units would be affordable for the families being targeted
based on the income criteria.
The City Attorney referenced the following changes to the ordinance. On
page 2, Section 4.7.1 (Definitions), the definition of Adjusted Median Income (A.M.I.)-
The Palm Beach County median income, based on a family of four, as published by
Florida Housing Finance Agency. In addition, on page 13, Section 4.7.7(e)(i) (For Sale
Housing Units) Sales prices for workforce housing units will be calculated on the basis of
"The sales price of a new structure for low and very low households may not exceed the
maximum price established by the Community Improvement Department under the
approved Local Housing Assistance Plan (LHAP)" and Section 4.7.7(e)(ii) "For
moderate income households, the maximum price shall be established by the Community
Improvement Department based on a formula that considers the prevailing mortgage
interest rates, as approved by the City Commission by resolution." The City Attorney
stated Section 4.7.7(e)(iii) and Section 4.7.7(e)(iv) will be deleted.
Mayor Perlman declared the public hearing open.
Dorothy Ellington, Delray Beach Housing Authority, supports this
ordinance and stated the Delray Beach Housing Authority was fully involved in the
development of the ordinance. She urged the Commission to approve this ordinance.
Mr. Levinson stated under 4.7.2(c) (Applicability) it talks about the three
overlay districts and one of the provisions is that the developer or responsible party must
provide relocation assistance at a minimum of $2,500.00 per household to very low and
low income residents that are displaced as a result of the proposed project. Mrs.
Ellington stated this would have to been done even without this ordinance.
Tim Hernandez, New Urban Communities (398 N.E. 6th Avenue, Delray
Beach), stated they have done affordable housing in various cities and strongly supports
the ordinance.
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11/16/04
Michael Weiner, Attorney with Weiner & Aronson, P.A., speaking on
behalf of Lennar, reiterated how appreciative they are of how the staffhas handled this to
help make this happen in a short period oftime.
There being no one ftom the public who wished to address the
Commission regarding Ordinance No. 66-04, the public hearing was closed.
Mr. Costin congratulated staff and feels this is a wonderful thing for
Delray. He stated as far as an eligible occupant is concerned if a person is displaced is
there a mechanism by which that person who is displaced would have a priority in that
development. The City Attorney stated there is a provision in the ordinance that if
someone is displaced and they do not qualify for low or very low they will be given an
opportunity to buy in there even though they may not meet those certain criteria.
Mr. Gray stated although people are not given a priority, they do become
automatically eligible as a recipient of the benefit of the workforce unit. He stated the
ordinance also requires that if a person is displaced as a result of a builder, the builder is
required to provide displacement assistance in the amount of a minimum of $2,500.00 to
the person who is displaced. The person who is displaced may not meet the minimal
income requirement and if they are displaced, these requirements are waived.
Mrs. Butler stated that anyone in the low or very low income who ends up
in homeownership will be subsidized. However, staff feels that moderately income
priced households have a little bit more of an opportunity to use flexible financing
because their income is a little higher. Ms. McCarthy inquired as to whether or not there
will be any FHA housing. Mrs. Butler stated staff did not address the FHA component.
Ms. McCarthy stated with regard to affordable housing if people are working good jobs
and good credit and they qualify to use that FHA criteria it should be part of the
affordable housing component. Therefore, Ms. McCarthy suggested that language be
added to the ordinance that encourages developers to consider FHA components.
After brief discussion, Mayor Perlman suggested that Ms. McCarthy's
suggestion be reviewed before the meeting of December 6,2004.
Mr. Levinson congratulated staff and Mr. Gray for all their efforts with
regard to the ordinance. Mr. Levinson stated he has received calls from people around
South Florida who have heard about the affordable housing component with density
bonuses, etc. and are asking for copies of the ordinance. In addition, Mr. Levinson stated
he is excited to see Dorothy Ellington involved in this and commented that one of the
components that he sees as a real potential the density bonuses could be done through the
payments which could then be used for Carver Estates to build new facilities.
Mayor Perlman congratulated staff and commented that workforce
housing and affordability has been a longstanding goal of this Commission. He
suggested looking at its applicability citywide at some point in the future. Mayor
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11/16/04
Perlman recommended that the next newsletter of the Southwest section be explained in
simple terms so that the residents will better understand it.
Mr. Levinson moved to adopt Ordinance No. 66-04 and amendment to the
LDR's to create a new Article 4.7 "Family/Workforce Housing", amending Section
4.46(H)(6) by enacting "Density Bonuses" and Article 4.5 "Overlay and Environmental
Management Districts" by enacting Section 4.5.9 "Southwest Neighborhood Overlay
District"; Section 4.5.10 "Southwest 10th Street Overlay District"; and Section 4.5.11
"Carver Estates Overlay District" creating overlay districts which are entitled to density
bonuses for the provision of workforce housing units by adopting the findings of fact and
law contained in the staff report and finding that the request is consistent with the
Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the LDR's,
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.
10.K ORDINANCE NO. 64-04 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending Land Development Regulations (LDR)
Subsection 4.3.3(0)(1), Application; 4.3.4(J)(4), "Increases to Height Regulations";
Subsection 4.3.4(K), "Development Standards Matrix", Section 4.4.9 "General
Commercial (GC) District"; Section 4.4.13, "Central Business District (CBD)";
Subsection 4.4.24(F), "Development Standards"; Section 4.5.6, "The West Atlantic
Avenue Overlay District"; Subsection 4.6.4(A), "Commercial Zoning Adjacent to
Residential Zoning or Zoning Districts with a Thirty-five (35) Foot Height Limitation";
Subsection 4.6.9(E)(3), "In-lieu Fee", and Subsection 4.6.18 "Architectural Elevations
and Aesthetics" to incorporate regulations related to the GC (General Commercial)
portion of the West Atlantic Avenue Overlay District into the CBD (Central Business
District). 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. 64-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF CODE OF ORDINANCES, BY
AMENDING SUB-SUBSECTION 4.3.3(0)(1),
"APPLICATION"; SUB-SUBSECTION 4.3.4(1)(4),
"INCREASES TO HEIGHT REGULATIONS";
SUBSECTION 4.3.4(K), "DEVELOPMENT
STANDARDS MATRIX"; SECTION 4.4.9, "GENERAL
COMMERCIAL (GC) DISTRICT; SECTION 4.4.13,
"CENTRAL BUSINESS (CBD) DISTRICT";
SUBSECTION 4.4.24(F), "DEVELOPMENT
STANDARDS"; SECTION 4.5.6, "THE WEST
ATLANTIC OVERLAY DISTRICT"; SUBSECTION
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4.6.4(A), "COMMERCIAL ZONING ADJACENT TO
RESIDENTIAL ZONING OR ZONING DISTRICTS
WITH A THIRTY-FIVE (35) FOOT HEIGHT
LIMITATION"; SUB-SUBSECTION 4.6.9(E)(3), "IN-
LIEU FEE" AND SUBSECTION 4.6.18,
"ARCHITECTURAL ELEV A TIONS AND
AESTHETICS"; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 64-04 is on file in the City Clerk's
office. )
The City Attorney read the caption ofthe 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, Director of Planning and Zoning, stated this ordinance
implements the design guidelines which were identified as part of the Downtown Delray
Beach Master Plan. Mr. Dorling stated as the guidelines were being completed, the City
also began the process of adopting a Future Land Use Map amendment and rezoning of
the West Atlantic Neighborhood from GC to CBD, to be consistent with the zoning ofthe
balance of the downtown area.
At their meeting of October 18, 2004, the Planning and Zoning Board held
a public hearing in conjunction with the proposed text amendment. After deliberation,
the Board recommended approval of the proposed text amendment on a vote of 6-0 (Krall
absent), 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 criteria set forth in Sections 1.1.6(A) and 2.4.5(M) of the LDR's.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 64-04,
the public hearing was closed.
Mr. Costin moved to adopt Ordinance No. 64-04 and amendment to the
LDR's as it relates to the design guidelines by adopting the findings of fact and law
contained in the staff report, and finding that the request is consistent with the
Comprehensive Plan and meets the criteria set forth in LDR Section 1.1.6(A) and
2.4.5(M) on Second and FINAL Reading, seconded by Mr. Levinson. 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.
to.F. ORDINANCE NO. 62-04: An ordinance amending Land Development
Regulations (LDR), 1.3.6(A) "Repairs and Maintenance" to allow repair and maintenance
to nonconforming historic structures to exceed the annual maximum thresholds listed for
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11/16/04
nonconforming structures. 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. 62-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING
THE LAND DEVELOPMENT REGULATIONS OF THE
CODE OF ORDINANCES OF THE CITY OF DELRA Y
BEACH, FLORIDA, BY AMENDING ARTICLE 1.3,
"NONCONFORMING USES, LOTS, AND
STRUCTURES", SECTION 1.3.6, "REPAIRS AND
MAINTENANCE", TO ALLOW REPAIR AND
MAINTENANCE TO NONCONFORMING HISTORIC
STRUCTURES TO EXCEED THE ANNUAL MAXIMUM
THRESHOLDS LISTED FOR NONCONFORMING
STRUCTURES; PROVIDING A SAVINGS CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 62-04 is on file in the City Clerk's
office. )
The City Attorney read the caption ofthe 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, Director of Planning and Zoning, stated currently the LDR's
call for maximums of 15% (10% interior, 15% exterior) modifications for non-
conforming structures. Staff found that this was counterproductive to restoration of
historic structures which generally exceed that. This change is being made to exempt
historic structures from the maximum thresholds by encouraging redevelopment of
historic structures. Mr. Dorling stated this is consistent with Future Land Use Element
Objective A-4 and Housing Element Objective A-lO and staff recommends approval.
At its meeting of October 18, 2004, the Planning and Zoning Board held a
public hearing in conjunction with the proposed text amendment. After deliberation, the
Board recommended approval of the proposed text amendment on a vote of 7-0 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 criteria
set forth in Sections 1.1.6(A) and 2.4.5(M) of the LDR's.
Mayor Perlman declared the public hearing open. There being no one
ftom the public who wished to address the Commission regarding Ordinance No. 62-04,
the public hearing was closed.
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11/16/04
Mrs. Archer moved to adopt Ordinance No. 62-04 and amendment to LDR
Section 1.3.6(A), 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 criteria set forth in Sections 1.16(A) and 2.4.5(M) of the LDR's on
Second and FINAL Reading, 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.
10.G. ORDINANCE NO. 63-04: An ordinance amending Land Development
Regulations (LDR), Appendix "A", "Definitions", to provide a more detailed definition
of "Sign". 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. 63-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING ORDINANCE 14-04 BY AMENDING
SECTION 3, APPENDIX "A", "SIGN", TO PROVIDE A
MORE DETAILED DEFINITION OF "SIGN";
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 63-04 is on file in the City Clerk's
office. )
The City Attorney read the caption ofthe 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, Director of Planning and Zoning, stated the proposed text
amendment is to provide a more accurate and precise definition of sign.
At its meeting of October 18, 2004, the Planning and Zoning Board held a
public hearing regarding this item and after discussing the amendment, the Board voted
6-0 (Krall absent) to recommend approval of the proposed amendment to Appendix "A"
of the LDR's regarding the definition of "Sign", by adopting the findings of fact and law
contained in the staff report and finding that the request is consistent with the
Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) ofthe LDR's.
Mayor Perlman declared the public hearing open. There being no one
ftom the public who wished to address the Commission regarding Ordinance No. 63-04,
the public hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 63-04 and amendment to
Appendix "A" of the LDR's regarding the definition of "Sign" by adopting the findings
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11/16/04
of fact and law contained in the staff report and finding that the request is consistent with
the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the LDR's on
Second and FINAL Reading, 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 (rom the City Manager and the Public.
11.A.
City Manaeer's response to prior public comments and inquiries.
With regard to a prior concern expressed by several residents of Delray
Lakes that were concerned about the hydrilla infestation in the canal that borders the
subdivision, the City Manager stated staff has been working on this and have been in
contact with the contractor that does maintenance in other areas of the City. The City
Manager stated there was a lot of confusion about what they were exactly responsible for.
The City Manager stated he believes what was happening is that they have a contract for
emergent vegetation but not hydrilla and staff is trying to verify this in writing. As soon
as it can be sorted out what the contractor is supposed to be doing and who will pay for it,
staff will come back to the Commission with a proposal on how to deal with the hydrilla
situation in the canal.
With regard to a prior concern expressed by Mrs. Finst at the September
21, 2004 City Commission meeting about a couple of properties in the Chatelaine
subdivision that had unfenced swimming pools, the City Manager stated both of those
have been rectified; one by the owner of the property and the other by the financial
institution that had foreclosed on the property.
With regard to a prior concern expressed by Mr. Marks about starting
sidewalk construction without giving him notice, the City Manager stated the City has
apologized to him for this because he should have been notified. This project was
approved in 1996 and the City received the federal funds to do the project and that is the
way the project is preceding. The City will adjust the sidewalk within the existing right-
of-way to try to minimize the impact on vegetation and landscaping. It will be carried
across driveways but will save paver bricks or anything they have so the property owner
can use them. The City Manager stated this project is proceeding and staff feels they
have addressed the concerns expressed by Mr. Marks.
1l.B. From the Public.
None.
At this point, the time being 8:16 p.m. the Commission moved to Item
9.F. o( the Regular Agenda.
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11/16/04
9.F. TENNIS CENTER CONSULTING AGREEMENT/JCD SPORTS
GROUP. INC.: Consider approval of a consulting agreement with JCD Sports Group,
Inc. in the amount of $20,000.00 for the period of December 1, 2004 through November
30, 2005. Funding is available ftom 001-4210-575-34.90 (Tennis Center Special
Events/Other Contractual Services).
The City Manager stated in December 1999 the City entered into an
agreement with JCD Sports Group to assist the City in marketing the Tennis Center in
particular the stadium. JCD Sports Group is asking for an increase in compensation from
$18,000.00 to $20,000.00. The City Manager stated staff can give the Commission
quarterly reports on what Mr. Dubin is doing on all the action items so that the
Commission is aware of what is being done.
Mr. Levinson requested that the language suggested by the City Manager
be added to the agreement.
Mayor Perlman inquired about the concert promoter. The City Manager
stated staff believes the concert promoter is going to walk away ftom the contract and
forfeit his deposit of $50,000.
Mrs. Archer moved to approve the Tennis Center Consulting Agreement
with JCD Sports Group, Inc., in the amount of $20,000.00 and include the language to the
agreement as suggested by the City Manager, 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.
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 December 6, 2004.
The City Manager presented Ordinance No. 60-04:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED R-1-A (SINGLE FAMILY 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
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11/16/04
SOUTH SWINTON AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRA Y 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 ofthe ordinance.
Ms. McCarthy declared a Conflict of Interest and stepped down from the
dais.
Mayor Perlman passed the gavel to Deputy Vice Mayor Levinson and
stepped down ftom the dais.
Paul Dorling, Director of Planning and Zoning, stated this was part of a
larger amendment that went to Department of Community Affairs (DCA). At that time,
staff initially recommended denial and the Commission forwarded this to DCA and
expressed that staff needed to work with the developer and see if there could be some
resolve with respect to workhouse housing and its relation to the Southwest Plan. Staff
has continued to work with the developer and the subsequent ordinance passed early on
included an overlay district for this piece of property and staff is now recommending
approval.
Deputy Vice Mayor Levinson noted that if this ordinance is passed this
evening, a public hearing will be held on Monday, December 6, 2004.
Mr. Costin moved to approve Ordinance No. 60-04 on FIRST Reading,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Costin-
Yes; Mrs. Archer - Yes; Deputy Vice Mayor Levinson - Yes. Said motion passed with a
3 to 0 vote.
12.B. ORDINANCE NO. 65-04: Future Land Use Map Amendment (FLUM)
from County LR-3 (Low Residential- 3 units per acre) to GC (General Commercial) and
annexation with initial zoning of AC (Automotive Commercial) for a parcel of land
within unincorporated Palm Beach County, located at 5005 Conklin Drive (northwest
corner of Military Trail and Conklin Drive aka Tire Kingdom). If passed, a public
hearing will be scheduled for December 6, 2004.
The City Manager presented Ordinance No. 65-04:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
ANNEXING TO THE CITY OF DELRA Y BEACH, A
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11/16/04
PARCEL OF LAND LOCATED AT THE
NORTHWEST CORNER OF CONKLIN DRIVE AND
MILITARY TRAIL, AS MORE PARTICULARLY
DESCRIBED HEREIN, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS;
REDEFINING THE BOUNDARIES OF THE CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND;
AFFIXING AN OFFICIAL LAND USE
DESIGNATION OF GC (GENERAL COMMERCIAL)
FOR SAID LAND TO THE FUTURE LAND USE
MAP AS CONTAINED IN THE COMPEHENSIVE
PLAN; ELECTING TO PROCEED UNDER THE
SINGLE HEARING ADOPTION PROCESS FOR
SMALL SCALE LAND USE PLAN AMENDMENTS;
PROVIDING FOR THE ZONING THEREOF TO AC
(AUTOMOTIVE COMMERCIAL) DISTRICT;
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTNE DATE.
(The official copy of Ordinance No. 65-04 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated this is a voluntary
annexation, a Future Land Use Map Amendment under the small scale criteria, and a
zoning ftom a County LR-3 (Low Residential - 3 dulac) to City GC (General
Commercial), and the initial zoning designation of AC (Automotive Commercial). Tire
Kingdom was established in the County in 1985 and staff recommends that this be passed
subject to the original conditions of approval that were placed on it by the County which
were placed on it to accent its compatibility with its adjacent residential. Mr. Dorling
stated the repair activities are related to tire and wheel installation including wheel
balancing and brake repair. The hours of operation are from 8:00 a.m. to 5:30 p.m.
At its meeting of November 15, 2004, the Planning and Zoning Board
considered the request. There was some concern expressed by the public that
improvements were going to be done to this site. Mr. Dorling clarified that there are no
improvements associated with it and any site plan approval would have to go through a
conditional use request and the public would be noticed. Staff recommends approval of
Ordinance No. 65-04.
Mr. Costin moved to approve Ordinance No. 65-04 on FIRST Reading,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer
- Yes; Deputy Vice Mayor Levinson - Yes; Mr. Costin - Yes. Said motion passed with
a 3 to 0 vote.
- 30-
11/16/04
At this point, the Commission moved to Item 13, Comments and
Inquiries on Non-Agenda Items.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A.
City Manaeer
The City Manager stated he is very pleased to announce Chevelle D.
Nubin is now the City Clerk.
13.B. City Attornev
The City Attorney informed the Commission Mr. Malkemes is present this
evemng.
Secondly, the City Attorney commended Cathy Kozol, Assistant City
Attorney/Police Legal Advisor for being nominated Police Department Employee of the
Month.
Lastly, the City Attorney extended her congratulations to Chevelle D.
Nubin in her position as City Clerk.
~
13.C.
13.C.1.
City Commission
Mrs. Archer
Mrs. Archer inquired about the Staff Appreciation Lunch. Mayor Perlman
stated he will have Delores Rangel, Administrative Assistant call everyone with a date for
the luncheon.
Secondly, Mrs. Archer stated she had the opportunity to attend the
Chairman's Club Luncheon at the Greater Delray Beach Chamber of Commerce and the
panel of five former Delray Beach Mayors gathered for an informal discussion that
centered on their experiences, recollections and thoughts about their time in office. She
stated it was very interesting and encouraged staff to obtain information and archive it
through Old School Square.
She stated she also had the opportunity to attend a get together at A VDA's
new transitional housing. They were celebrating the fact that it is built and will be
occupied beginning next month and provides an opportunity for a victim of domestic
abuse to stay with hislher children for a period of up to two years while they find a job
and an appropriate place to live.
She stated she had the opportunity to attend a dinner for the Boy Scouts
honoring State Representative Machek and commented it was nicely done and she was
very pleased to be able to represent the Commission.
- 31 -
11/16/04
Mrs. Archer stated she had the opportunity to go to Spa Eleven.
Mrs. Archer extended her congratulations to Chevelle D. Nubin in her
position as City Clerk.
She stated this is the first year in four years that she has not been able to
attend the Veteran's celebration at Veteran's Park and the cemetery.
Mrs. Archer stated she has a conflict and will not be able to attend the
Principals Luncheon on Thursday, November 18, 2004.
13.C.2.
Mr. Costin
Mr. Costin stated he attended the get together for A VDA and he was
impressed with the facility.
Secondly, he stated the Chairman's Luncheon was very nice.
Mr. Costin stated he attended the American Legion services at the
cemetery and feels the soldiers have given a lot for this country and wished people would
be more remembering ofthem.
Lastly, Mr. Costin extended his congratulations to Chevelle D. Nubin in
her position as City Clerk.
13.C.3.
Mr. Levinson
Mr. Levinson stated Boynton Beach has created a greenways program and
is looking at the possibility of connecting some greenway land that would come right to
Delray Beach from Caloosa Park. He suggested that staff look into whether there are
some opportunities for the City of Delray Beach to connect Lake Ida Park or at least in
that right-of-way.
Secondly, Mr. Levinson stated at the Palm Beach County School Board
Organizational meeting Mr. Tom Lynch was re-elected Chairman and Mr. Graham was
re-elected Vice Chairman.
He stated he had the opportunity to go to Tropic Bay condominium on
Sunday and commented the property values have tripled in the last 2-3 years. He stated
the community had a major renovation to the marina and noted Tropic Bay subdivision is
becoming a terrific partner with the Tropic Isle subdivision.
Mr. Levinson extended his congratulations to Chevelle D. Nubin who has
been appointed City Clerk. He stated there is still great productivity continuing in the
City Clerk's office since the retirement ofthe former City Clerk.
- 32-
11/16/04
Mr. Levinson commented about newspaper articles in The Palm Beach
Post regarding Mayor Perlman.
13.C.4.
Ms. McCarthv
Ms. McCarthy had no comments or inquiries on non-agenda items.
13.C.5.
Mavor Perlman
Mayor Perlman reiterated comments expressed by Mrs. Archer regarding
the former Mayor's Program and stated it was a great program. He stated he talked to
Tom Lynch and David Schmidt and both had expressed interest in being willing to do
this for a larger audience preferably in the evening to impart some lessons on the
community. He suggested that something be done with regard to oral histories because
they have thirty years worth of leadership in Delray Beach. Mayor Perlman stated on his
column "From the Mayor's Desk" he wrote about how everyone is tied or connected in
some way Mayor Perlman stated the Delray Beach Historical Society did an hour
interview with him.
Mrs. Archer suggested that this be videotaped.
,.--
Secondly, he stated Terrill Pyburn, Assistant City Attorney, prepared a
letter regarding FEMA and asked for permission to write a letter to local Congressmen
and request some assistance. Mayor Perlman stated the City of Delray Beach should be
reimbursed because a hurricane is a natural disaster. He stated The Hamlet was
immensely appreciative of the City's efforts because they had many trees down due to the
hurricanes. In addition, he stated The Hamlet held a fundraiser for breast cancer and
raised approximately $70,000.
Mayor Perlman stated Nancy Stewart has asked the Commission to serve
meals at Jimmy's Stone Crab on Thanksgiving from 11 :00 a.m. - 2:00 p.m. Also, he
stated the Commission will be delivering several turkeys on Friday, November 19, 2004
throughout the community.
Lastly, Mayor Perlman extended his congratulations to Chevelle D. Nubin
in her position as City Clerk and stated he really enjoys working with her.
There being no further business, Mayor Perlman declared the meeting
adjourned at 8:45 p.m.
.--
~ 5). ~~
City Clerk
- 33 -
11/16/04
ATTEST:
8z&l~
OR "-
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 November 16, 2004, which Minutes were formally approved and adopted by the City
Commission on December 6, 2004 .
~ 'S)~ ~~
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.
- 34-
11/16/04
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
-COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS
CITY
Delray Beach
DATE ON WHICH VOTE OCCURRED
COUNTY
NAME OF BOARD. COUNCIl, COMMISSION, AUTHORITY, OR COMMITTEE
Delra Beach
THE BOARD, COUNCIl, COMMISSION. AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
»CITY a COUNTY a OTHER LOCAL AGENCY
NAME OF POLITICAL SUBDIVISION:
City of Delray Beach Commission
MY POSITION IS:
T NAME-f'IRST NAME-MIDDLE NAME
Alberta
November 16, 2004
ELECTIVE
a APPOINTIVE
WHO MUST FILE FORM 88
This fonn 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 equaUy 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 will 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 fonn.
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
ures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
_ Jre 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 MrelativeM includes 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 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 fonn with the person responsible for recording the min-
utes of the meeting, who should incoìporate 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
r-oust disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
y you or at your direction.
,¡: 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 recording the
minutes of the meeting, who will incorporate the fonn in the minutes. (Continued on other side)
CE FORM 88 - EFF. 1/2000
11/16/04
Item 12.A
PAGE 1
APPOINTED OFFICERS (continued)
· A copy of the form must be provided immediately to the other members of the agency.
· The fonn 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 fonn 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
I, Alberta Perry McCarthy
, hereby disclose that on
November 16
,20~:
(a) A measure came or will come before my agency which (check one)
L 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
whom I am retained; or
inured to the special gain or loss of
is the parent organization or subsidiary 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:
,by
,which
My Real Estate Agent listed this prop~rty pending litigation.
11/16/04
Date Filed
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 PENAL TV NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 112000
PAGE 2