01-03-13 Regular Meeting MinutesJANUARY 3, 2013
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers
at City Hall at 6:00 p.m., Thursday, January 3, 2013.
1. Roll call showed:
Present- Commissioner Thomas F. Carney, Jr.
Commissioner Alson Jacquet
Commissioner Adam Frankel
Commissioner Angeleta E. Gray
Mayor Nelson S. McDuffie
Absent - None
Also present were - David T. Harden, City Manager
Brian Shutt, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Reverend Ed Bolella, Director of
Religious Education/Unitarian Universalist Fellowship.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mayor McDuffie requested that Item 10.F., Parks and Recreation
Policies and Procedures for Facilities Use and Rental Fees be removed from the
agenda.
Mr. Carney requested that Item 8.D., Service Authorization No. 12-
05/Matthews Consulting Inc. be removed from the Consent Agenda and moved to the
Regular Agenda as Item 10.A.A.
Mrs. Gray requested that Item B.L., Interlocal Agreement/Palm Beach
County: Information Systems Services (ISS) Network Services be moved from the
Consent Agenda to the Regular Agenda as Item 10.A.A.A.
Mr. Frankel moved to approve the agenda as amended, seconded by Mr.
Carney. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr.
Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said
motion passed with a 5 to 0 vote.
01/03/13
5. APPROVAL OF MINUTES:
Mr. Frankel moved to approve the Minutes of the Special/Workshop
Meeting of November 13, 2012, seconded by Mr. Carney. Upon roll call the
Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie -
Yes; Mr. Carney — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote.
Mrs. Gray moved to approve the Minutes of the Regular Meeting of
December 4, 2012, seconded by Mr. Carney. Upon roll call the Commission voted as
follows: Mrs. Gray -- Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet —
Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote.
Mrs. Gray moved to approve the Minutes of the Special Meeting of
December 7, 2012, seconded by Mr. Frankel. Upon roll call the Commission voted as
follows: Mayor McDuffie --- Yes; Mr. Carney — Yes; Mr. Jacquet --- Yes; Mr. Frankel --
r e3, 1V11 J. iJi [5.y — Y a.J. /,'CAii.Y llfif iiVil !11C'L.3J^va.i Y*%11li ci .J ili v V li E4;.
6. PROCLAMATIONS:
6.A. Martin Luther King, Jr. Day — January 21, 2013
Mayor McDuffie read and presented a proclamation hereby proclaiming
January 21, 2013 as Martin Luther King, Jr. Day. Lillian Strainge came forward to
accept the proclamation and gave a few brief comments.
6.13. Calline for the First Non -Partisan Election to be held on March 12,
2013
Mayor McDuffie read and presented a proclamation hereby calling for the
First Non -Partisan Election to be held on March 12, 2013. Chevelle D. Nubin, City Clerk
came forward to accept the proclamation and gave a few brief comments.
7.
PRESENTATIONS:
7.A. RESOLUTION NO. 04-13:
and commending Mr. David T. Harden for
Beach.
Approve Resolution No. 04-13 recognizing
his dedicated service to the City of Delray
The caption of Resolution No. 04-13 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA RECOGNIZING
AND COMMENDING MAYOR NELSON S. McDUFFIE
FOR HAVING SERVED THE CITY OF DELRAY
BEACH WITH DISTINCTION AND DEDICATION.
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(The official copy of Resolution No. 04-13 is on file in the City Clerk's
office.)
Mayor McDuffie read and presented Resolution No. 04-13 to David T.
Harden for his dedicated service to the City of Delray Beach and gave a few brief
comments. David T. Harden came forward to accept the proclamation.
Mr. Carney moved to approve Resolution No. 04-13, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mr. Carney — Yes; Mr. Jacquet —
Yes; Mr. Frankel -- Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed
with a 5 to 0 vote.
7.B. Tribute to Mr. David Harden from the State of Florida —
Representative Bobby Powell, Jr. (ADDENDUM)
Representative Bobby Powell, Jr., (District H88 which covers Lake
Park, Rivera Beach, Mangonia Park, West Palm Beach, Lake Worth, Lantana,
Boynton Beach and Delray Beach), paid tribute to David T. Harden and presented him
with a plaque.
7.C. RESOLUTION NO. 05-13: Approve Resolution No. 05-13 recognizing
and commending Mayor Nelson S. McDuffie for his dedicated service to the City of
Delray Beach.
The caption of Resolution No. 05-13 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA RECOGNIZING
AND COMMENDING MAYOR NELSON S. McDUFFIE
FOR HAVING SERVED THE CITY OF DELRAY
BEACH WITH DISTINCTION AND DEDICATION.
(The official copy of Resolution No. 05-13 is on file in the City Clerk's
office.)
Vice Mayor Carney read Resolution No. 05-13 and presented Mayor
McDuffie with a plaque.
Mr. Frankel moved to approve Resolution No. 05-13, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mr. Jacquet -- Yes; Mr. Frankel —
Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed
with a 5 to 0 vote.
8. CONSENT AGENDA: City Manager Recommends Approval.
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8.A. RESOLUTION NO. 03-13: ABANDONMENT OF WATER
EASEMENT: FRANKLIN AT DELRAY BEACH: Approve Resolution No. 03-13 to
abandon a 1.3 foot by 6.3 foot portion of a 12 foot wide water easement for Franklin at
Delray Beach located at 1030 S. Federal Highway.
The caption of Resolution No. 03-13 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING A PORTION OF A WATER
EASEMENT DEDICATED BY THE "FR.ANKLIN AT
DELRAY BEACH" PLAT, RECORDED IN PLAT BOOK
115, PAGES 74 THROUGH 77 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA,
AND AS MORE PARTICULARLY DESCRIBED IN
1i11311b-.fL -'W".
(The official copy of Resolution No. 03-13 is on file in the City Clerk's
office.)
8.11. REQUEST FOR A SIDEWALK DEFERRAL/1240 SEASPRAY
AVENUE: Approve an agreement to defer installing a sidewalk along Seaspray Avenue
for the Barbara Residence located at 1240 Seaspray Avenue within the North Beach
Overlay District.
8.C. HOLD HARMLESS AGREEMENT/ 2325 SOUTH OCEAN
BOULEVARD: Approve a Hold Harmless Agreement with Line-Tec, Inc. to install and
construct utilities in the State DOT right-of-way at property located at 2325 South Ocean
Boulevard.
8.D. THIS ITEM HAS BEEN MOVED THE REGULAR AGENDA
ITEM 10.A.A.
8.E. FIRST AMENDMENT TO THE INTERLOCAL
AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRAVUS 1
CORRIDOR IMPROVEMENT: Approve the First Amendment to the Interlocal
Agreement with the Community Redevelopment Agency (CRA) for the US 1
Beautification project which is from just south of S.E. loth Street to just north of George
Bush Boulevard.
8.F. AGREEMENT FOR CONSTRUCTION ENGINEERING AND
INSPECTION SERVICES/ R.J. BEHAR & COMPANY, INC.: Approve
an Agreement for Construction Engineering and Inspection Services with R.J. Behar &
Company, Inc. in the amount of $1,203,419.25 for the Federal Highway Beautification
Project. Funding is available from 334-3162-541-68.52 (General Construction Fund:
Other Improvement/Federal Highway Beautification).
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8.G. RESOLUTION NO. 01-13: Approve Resolution No. 01-13 assessing
costs for abatement action required to remove nuisances on 11 properties throughout the
City of Delray Beach.
The caption of Resolution No. 01-13 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT
TO CHAPTER 100 OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, ASSESSING
COSTS FOR ABATING NUISANCES UPON CERTAIN
LAND(S) LOCATED WITHIN THE CITY OF DELRAY
BEACH AND PROVIDING THAT A NOTICE OF LIEN
SHALL ACCOMPANY THE NOTICE OF
ASSESSMENT; SETTING OUT ACTUAL COSTS
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. 01-13 is on file in the City Clerk's
office.)
8.H. LAND USE RESTRICTION AGREEMENT AND DEED
RESTRICTIONS: 310 SOUTHRIDGE ROAD: Approve a Neighborhood
Stabilization Program (NSP) Land Use Restriction Agreement and Deed Restrictions
with Sandra Eugene for the property located at 310 Southridge Road sold for single-
family homeownership.
8.I. LAND - USE RESTRICTION AGREEMENT AND DEED
RESTRICTIONS: 2216 N.E. 3RD AVENUE: Approve a Neighborhood Stabilization
Program (NSP) Land Use Restriction Agreement and Deed Restrictions with Jean C.
Julien for the property located at 2216 N.E. 3rd Avenue sold for single-family
homeownership.
8.d. LAND USE RESTRICTION AGREEMENT AND DEED
RESTRICTIONS: 5175 N.W. 6th STREET: Approve a Neighborhood Stabilization
Program (NSP) Land Use Restriction Agreement and Deed Restrictions with Nicaisse
Eloi for the property located at 5175 N.W. 6th Street sold for single-family
homeownership.
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8.1C PROPOSAL/SAFE TRANSPORTATION TRAINING
SPECIALISTS: Approve a proposal from Safe Transportation Training Specialists in
the amount of $28,497.00 for a six (6) day training course on Tank Truck Emergency
Response for the Fire Department. Funding is available from 001-2315-526-54.30
(General Fund: Books, Publications, Subscriptions, Memberships, Training, Education
Costs).
8.L. INTERLOCAL AGREEMENT/PALM BEACH COUNTY:
INFORMATION SYSTEMS SERVICES (ISS) NETWORK SERVICES: Approve
an Interlocal Agreement with Palm Beach County to provide for the joint use of the
County IT assets.
S.M. INTERLOCAL AGREEMENT/PALM BEACH COUNTY
DROWNING PREVENTION COALITION (DPQ: Approve an Interlocal
Agreement with Palm Beach County for payment of swimming lesson fees not to exceed
Al ti i 41 t�161.SJ lill L1Y"v LE.Cilll LV �.i °YV lll�i i 1'Ll'436i1a1 iki. 1 4flJLKJQ}'' 1Z 1�111 15 a1 V'tAl Ll►4 �fiJ V7YAli1R�
Prevention Coalition of Palm Beach County.
8.N. RATIFICATION OF COLLECTIVE BARGAINING
AGREEMENT/PBA -POLICE OFFICERS AND SERGEANTS: Approve
ratification of the Collective Bargaining Agreement, with the Police Benevolent
Association (PBA) - Police Officers and Sergeants.
8.0. RATIFICATION OF COLLECTIVE BARGAINING
AGREEMENT/PBA - POLICE LIEUTENANTS: Approve ratification of the
Collective Bargaining Agreement with the Police Benevolent Association (PBA) - Police
Lieutenants.
8.P. RESOLUTION NO. 02-13: Approve Resolution No. 02-13 regarding
the March 12, 2013 First Nonpartisan and Special Election.
The caption Resolution No. 02-13 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, CALLING FOR
A NONPARTISAN ELECTION AND A SPECIAL
ELECTION TO BE HELD ON TUESDAY, MARCH 12,
2013; AND A SECOND NONPARTISAN ELECTION, IF
NECESSARY, TUESDAY, MARCH 26, 2013; ALL
ELECTIONS SHALL BE HELD WITHIN THE
MUNICIPAL BOUNDARIES OF THE CITY BETWEEN
THE HOURS OF 7:00 AM UNTIL 7:00 PM; THE
NONPARTISAN ELECTION SHALL PROVIDE FOR
THE ELECTION OF A MAYOR AND TWO CITY
COMMISSIONERS AND THE SPECIAL ELECTION
SHALL PROVIDE FOR A REFERENDUM ON THE
CHARTER CHANGES PRESENTED IN ORDINANCE
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NOS. 35-12, 36-12, 38-12 AND 39-12 AND TO
PROVIDE FOR ECONOMIC INCENTIVES TO
ENCOURAGE THE RELOCATION OF BUSINESSES
TO THE CITY AS SET FORTH IN ORDINANCE NO.
44-12; PROVIDING THE TIME, MANNER AND
MEANS OF HOLDING SAID ELECTIONS,
PROVIDING A SAVING CLAUSE AND AN
EFFECTIVE DATE.
(The official copy of Resolution No. 02-13 is on file in the City Clerk's
office.)
80.. SPECIAL EVENT REQUEST/7' ANNUAL ALL AMERICAN
TAILGATE PARTY: Approve a special event request for the 7th Annual All American
Tailgate Party to be produced by Greater Delray Beach Chamber of Commerce and the
Achievement Centers for Children and Families Foundation proposed to be held on
February 2, 2013 from 2:00 p.m. to 8:00 p.m., on the grounds of Delray Center for the
Arts; and to authorize staff support for security, fire inspection services, clean up and
trash removal; contingent upon receipt of a Certificate of Liability Insurance, Alcohol
Liability Insurance, Hold Harmless Agreement and a copy of the Temporary Liquor
License by January 22, 2013. The event sponsor(s) will pay all City costs estimated at
$2,250.50.
S.R. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period December 10, 2012 through December 28, 2012.
S.S. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Lawn Wizard in the amount of $17,410.00 for annual
landscape maintenance on George Busch Boulevard and West
Atlantic Avenue. Funding is available from 119-4144-572-46.40
(Beautification Trust Fund: Repair and Maintenance
Services/Beautification Maintenance).
2. Contract award to Line-Tec, Inc. in the amount of $43,648.50 for
the installation of automatic line flushers associated with the
Automatic Water Main Flushing Devices project. Funding is
available from 442-5178-536-64.90 (Water & Sewer Renewal &
Replacement Fund: Machinery/ Equipment/other Machinery/
Equipment).
3. Purchase award to Chemical Lime Company of Alabama, Inc.
(Lhoist North America) at an estimated cost of $735,350.00 for the
purchase and delivery of bulk quicklime. Funding is available from
441-5122-536-52.21 (Water and Sewer Fund: Operating
Supplies/Supplies).
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4. Purchase award to PC Mall Gov in the amount of $36,976.00 for
firewall security equipment. Funding is available from 334-6111-
519-66.10 (General Construction Fund: Books/ Publications/
Software).
Mr. Frankel moved to approve the Consent Agenda as amended, seconded
by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Frankel — Yes;
Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes. Said
motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 9, Comments and
Inquiries on Non -Agenda Items from the City Manager and the Public.
99.A. Citv Manager's response to prior public comments and inquiries.
The City Manager stated at the last meeting several people spoke
expressing concern about the beach erosion on the north end of the beach and also the
inquiries about the possibility of getting a permit to do work there. The City Manager
stated a representative from the Department of Environmental Protection (DEP) visit of
the north end of the beach to assess the situation. He stated the emergency order for
permitting has been extended to January 27th and staff needs to determine whether or not
that is applicable because that order is to address immediate or eminent dangers to the
public health to repair, replace, or restore structures damaged by the hurricane and who's
actions authorized under the order are narrowly tailored to address the immediate need
for action. The City Manager stated the loss of beach sand to erosion which reduces the
buffer width between the ocean structures is not considered an eminent and immediate
danger to the structures and may not qualify under the emergency order. He stated the
emergency order may be limited to dune restoration rather than advance beach fill. The
City Manager stated if the order is applicable staff would come back to the Commission
for authorization to engage Coastal Planning and Engineering (CPE) to get a permit if the
Commission wishes to do so. However, the City Manager stated the permitting would
only allow trucking of beach sand compatible with one of two mines; one in northern St.
Lucie County and one in the LaBelle area at a considerable expense. Staff will report
back to the Commission once DEP has a chance to view the area to see if the emergency
order is available to us.
9.B. From the Public.
93.1. Karen Granger, 12693 Oak Run Court, Boynton Beach, FL 33435
(Interim President of the Delray Beach Chamber of Commerce), extended their
sincere appreciation to Mr. Harden and Mayor McDuffie for their years of service. Ms.
Granger stated she has enjoyed what they have been to this city and noted that she has
raised her family here.
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01/03/13
9.B.2. Jennifer Meadows HUI,1111 S.W. 0' Street, Delray Beach, FL 33444,
urged the Commission to take back the City from senseless violent crime and commented
about the shooting at Pompey Park. Ms. Hill stated her 11 year old son was at Pompey
Park at the time the incident occurred with the young man that was shot and killed. She
stated she teaches at the school where the victim's children attend. Ms. Hill stated she
grew up four blocks from one of the victim's standing in the store on N.W. loth Avenue.
She invited everyone to attend "Stop the Violence" March and Rally on Saturday,
January 12, 2013 at 10:00 a.m.
9.B.3. Pamela Brinson, 406 S.W. 15"' Terrace, Delray Beach, FL 33444,
echoed comments expressed by Ms. Hill and stated has lived in Delray Beach for 42
years and has two children that attend Village Academy. She urged the community
coming together and reiterated that there is a Rally on Saturday, January 12, 2013 at
10:00 a.m. to bury this violence. Ms. Brinson stated we have to do something as a
community to save our children.
9.B.4. Sylvia Gilwin, 2146 S.W. 13#h Street, Delray Beach, FL 33445
(resident for 42 years), stated her son was at Pompey Park when the shooting occurred.
She urged the Commission to help the residents bring back a safe environment for the
next generation. She stated before she visits other cities on her vacation she does a
research of what the crime is. Ms. Gilwin stated if the crime continues in Delray Beach
she feels the city will lose revenue and the tourists who visit the downtown. She
requested the Commission help them bring resources to the entire Delray Beach
community no matter what race. Ms. Gilwin stated the City always brings resources here
to help children but suggested to bring resources to help the parents to educate them that
it starts at home and urged the Commission to bring the City back to the way she
remembers it being when she was a little girl.
9.13.5. David Dennis, 1314 S. Seacrest Boulevard, Boynton Beach, FL 33435,
stated he moved here in 1978 and went off to school and came back. Mr. Dennis stated
he became a member of MAD DADS when they first started and got his start in
community service in Delray Beach and 20 years later in Boynton Beach they started
"Boynton United" and noted he is the President of "United to Bury the Violence". He
stated they are here to support to ladies efforts of "Delray United" to help them find
resources.
9.B.6. Chuck Ridley, 210 N.W. 2nd Avenue, Delray Beach, FL 33444, stated
no community is safe if any community is at risk. Mr. Ridley stated the previous
speakers who are moms approached WARC and several members in the African -
American community and asked to come together for the children's sake.
9.B.7. Dorothy Ellington, Delray Beach Housing Authority (DBHA),
congratulated the City Manager for a job well done. Ms. Ellingsworth stated in October
2005 Hurricane Wilma blew through Delray Beach and blew away the only public
housing development. She stated since that time they have struggled to redevelop that
site and announced that there will be a Ground Breaking Ceremony on Tuesday, January
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15, 2013 at 10:00 a.m. at the old Carver site.
9.13.8. Francesca Mallows, 305 S.W. 7th Avenue, Delray Beach, FL 33444,
stated she immigrated from a country that was very torn by a lot of violence and feels this
is not just a Delray community issue. Ms. Mallows stated she believes that Delray Beach
can solve this and she would like to see everyone on board with the ladies who spoke as
well as the ladies who lost their sons.
9.13.9. Morris Carstarphen, 619 S.W. 7th Avenue, Delray Beach, FL 33444
(has lived in the City of Delray Beach for 8 years), stated he always liked the night life
and the community feel. He stated where he came from in Alabama it was the
community and the Police force against the bad guys but in the City of Delray Beach he
sees the community against the Police Department. Mr. Carstarphen stated on the corner
of Sth avenue and 7th Street sometimes Police officers will sit there and vhpa-it for sorneon-e
Y{ .i &... i`f fY 5 .a L.m f-:ck-e4 iIC 4 � ha
�o go to a si'a'rp and r{�i'lt aciLL tli�i� ZVvllt piill \fU�L and give tila.m L1LLiLL.S. 11.. �J LateLL ile cycles
down A-1-A and cars zoom by him between Atlantic Avenue and Linton Boulevard at 55
mph and the speed limit is 35 mph. Mr. Carstarphen stated he came into this community
because he felt secure but now he does not feel very safe in his own home. He stated late
at night loud music is being played and gunshots are going off. Mr. Carstarphen urged
the Commission and the City leaders to help take the community back and make a change
in 2013.
9.13.10. Carolyn Patton,1020 Tamarind Road, Delray Beach, FL 33483, stated
there was also a fatality in her neighborhood in the past few days and an 18 year old male
was fatally shot at a party. She stated the yard partially borders her backyard and her
three nieces were visiting her that night and the man was evidently shooting the gun all
around. Ms. Patton stated her neighborhood would like to join Ms. Hill for the Rally on
January 12th.
9.11.11. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, stated
the bricks on the sidewalk by Dunkin Donuts are sticking up out of the ground and need
to be repaired.
Secondly, Ms. Moody stated at the train station she saw City workers
sanding down the spikes that were in the ground and there are still some spikes sticking
out of the ground.
At this point, the time being 7:00 p.m., the Commission moved to Item
11, Public Hearings.
11. PUBLIC HEARINGS:
11.A. ORDINANCE NO.41-12 (SECOND READING/SECOND PUBLIC
HEARING): Consider a privately -initiated rezoning request from Planned Office Center
(POC) to Special Activities District (SAD) for Delray Place, located at the southeast
corner of Linton Boulevard and South Federal Highway. (Quasi -Judicial Hearing)
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01/03/13
(THEAPPLICANT HAS REQUESTED THAT THIS ITEMBE DEFERRED)
The City Attorney stated there is a timeframe set forth in the Special
Activities District (SAD) ordinance and recommended that if the Commission makes a
motion to defer this, that they defer it not to extend beyond the second meeting in May or
as determined by the timeframe set forth in the LDRs which would be May 5, 2013.
Mr. Frankel moved to approve to defer Ordinance No. 41-12 and that it
not extend beyond the second meeting in May or as determined by the timeframe set
forth in the LDRs which is May 5, 2013, seconded by Mrs. Gray. Upon roll call the
Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney —
Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote.
11.13. ORDINANCE NO.42-12: Consider a privately initiated Future Land Use
Map (FLUM) amendment (small-scale) from MD (Medium Density Residential 5-
12du/ac) to LD (Low Density Residential 0-5 du/ac) and rezoning from RM (Medium
Density Residential) to R-1-A (Single Family Residential) for the properties located
on the north and south sides of Bermuda Gardens Road. (Quasi -Judicial Hearing)
office.)
The caption of Ordinance No. 42-12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA
ADOPTING A SMALL-SCALE FUTURE LAND USE
MAP AMENDMENT FROM MD (MEDIUM DENSITY
RESIDENTIAL 5-12 DU/AC) TO LD (LOW DENSITY
RESIDENTIAL 0-5 DU/AC), PURSUANT TO THE
PROVISIONS OF THE "COMMUNITY PLANNING
ACT", FLORIDA STATUTES SECTION 163.3187, FOR
PARCELS OF LAND LOCATED ON THE NORTH AND
SOUTH SIDES OF BERMUDA GARDENS ROAD,
LYING WEST OF STATE ROAD A-1-A, AS MORE
PARTICULARLY DESCRIBED HEREIN, AND
REZONING AND PLACING SAID LAND PRESENTLY
ZONED RM (MEDIUM DENSITY RESIDENTIAL)
DISTRICT TO R-1-A (SINGLE FAMILY
RESIDENTIAL) DISTRICT; AMENDING "ZONING
MAP OF DELRAY BEACH, FLORIDA, JANUARY
201211; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 42-12 is on file in the City Clerk's
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01/03/13
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.
Mayor McDuffie read the City of Delray Beach Quasi -Judicial Hearing
rules into the record for Item 11.B. and Items 10.A. and 10.B.
Mayor McDuffie asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2013-007 and #2013-008 into the record.
Mr. Dorling stated this is privately initiated small-scale Camp Plan
Amendment and �rgqezoning for Be uda Gardens neapchborbo�od located in. the south. side
VA uie V'LV. lle stated ".Le neiguv'a'�Jr.Lood is Voi11p11seiN.L Vl slllgle 3ai'Liliy 1V311e3 a1141 uas a
land use designation of medium density. Mr. Dorling stated the proposal is to go from
MD (Medium Density Residential 5-12 du/ac) to LD (Low Density Residential 0-5 du/ac)
and rezoning from RM (Medium Density Residential) to R-1-A (Single Family
Residential). He stated this project consists of nine (9) residential lots and 2.4 acres and
this is a neighborhood initiated amendment and came out of a concern for the retention of
the single family character of the neighborhood. In September 2005, the Site Plan
Review and Appearance Board (SPRAB) approved a Class V modification to construct
three townhouses at the southwest corner of Bermuda Gardens Road and Ocean
Boulevard at the entrance to the subdivision. He stated that was allowed under the RM
District and consistent with the Medium Density land use. Mr. Dorling stated the
neighborhood has banded together to change the zoning and the land use to prevent that
from happening. He stated the approval for the townhouse development lapsed and a
single family home was built on the lot.
At its meeting of November 19, 2012, the Planning and Zoning Board
considered this item and the Board recommended approval on a 5 to 0 vote. Staff
recommends approval.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of Ordinance No. 42-12, to please come forward at this time.
There being no one from the public who wished to address the Commission, the public
hearing was closed.
Mr. Frankel moved to approve Ordinance No. 42-12, seconded by Mr.
Carney. Upon roil call the Commission voted as follows: Mayor McDuffie — Yes; Mr.
Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion
passed with a 5 to 0 vote.
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01 /03/13
11.C. ORDINANCE NO. 44-12: Consider an ordinance calling for a
referendum to be held on March 12, 2013, proposing to the electorate of the City that the
City Commission be authorized to grant a property tax exemption to certain qualified
businesses pursuant to Section 3, Article VII of the State Constitution; providing for
submission of the proposed ballot question to the electors of the City; setting forth the
form of the question to be voted upon at such election.
The caption of Ordinance No. 44-12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, ADOPTED
IN ACCORDANCE WITH SECTION 196.1995,
FLORIDA STATUES, CALLING FOR A
REFERENDUM TO BE HELD ON MARCH 12, 2013,
PROPOSING TO THE ELECTORATE OF THE CITY
THAT THE CITY COMMISSION BE AUTHORIZED TO
GRANT PROPERTY TAX EXEMPTION TO CERTAIN
QUALIFIED BUSINESSES PURSUANT TO SEC. 3,
ARTICLE VII OF THE STATE CONSTITUTION;
PROVIDING FOR SUBMISSION OF THE PROPOSED
BALLOT QUESTION TO THE ELECTORS OF THE
CITY; SETTING FORTH THE FORM OF THE
QUESTION TO BE VOTED UPON AT SUCH
ELECTION; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE, AND AUTHORITY TO
CODIFY; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
(The official copy of Ordinance No. 44-12 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 44-12,
the public hearing was closed.
Mr. Jacquet stated residents have voiced their concern about notice being
given for the March Election. He stated the Commission has discussed displaying certain
signs throughout the city to let people know that there is a March Election. The City
Manager stated staff will take care of the signs.
Mr. Jacquet moved to approve Ordinance No. 44-12, seconded by Mr.
Carney. Upon roll call the Commission voted as follows: Mr. Carney — Yes; Mr. Jacquet
--- Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor MCDuffie — Yes. Said motion passed
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with a 5 to 0 vote.
At this point, the time being 7:10 p.m., the Commission moved back to
Item 10.A.A. (formerly Item 8.D.) of the Regular Agenda.
10. REGULAR AGENDA:
10.A.A. SERVICE AUTHORIZATION NO. 12-05/MATHEWS
CONSULTING, INC.: Approve Service Authorization No. 12-05 to Mathews
Consulting, Inc. in the amount of $61,732.00 for the design, permitting and bidding
services of Delray Shores Water Main Phase I. Funding is available from 442-5178-536-
68.93 (W & S Renewal & Replacement Fund: Improvements Other/Delray Shores Water
Mains).
Mr. Carney stated Mathews Consi ting., Inc. is a comprany that has been
i ted t 4 an jp VO yrs is n t-{��Y� [l orc ti4S a. Rl 9r -t P1 r P Q1Y1 /IYFP
SelevL,',L pursuant �o r....i 1.1'I- in Y in-ch ffiel'' V�V.aL D"Ve �J� vrls�ilK1 �electees and one
added company called Craig A. Smith. He stated in going through the past approvals he
is not seeing these other companies getting the same number of contracts. Mr. Carney
expressed concern that if contracts are always being awarded to one or two of the same
companies all the time that it is discouraging to other companies to enter into an RFP
process and when selected they are never chosen.
Mr. Hasko stated last year staff went through another RFQ process for
three of disciplines: (1) engineering, (2) surveying, and (3) architecture. He stated the
City awarded six (6) engineering contracts and at least two of the engineers that were
awarded contracts have prior contracts with the City. He stated they resubmitted and
they were reevaluated in the RFQ process and they finished in the top five (5). Mr.
Hasko stated Mathews Consulting, Inc. is exclusively utility related. Mr. Hasko stated at
the beginning of the fiscal year when the CIP is approved, staff goes through the plan and
look at the infrastructure projects that they are going to do and come up with a short list
of the actual infrastructure projects whether it be utilities, buildings, parks, etc. He stated
usually for utilities staff will look at projects that they can handle with the in-house
design group. Mr. Hasko stated staff takes the rest of the projects and divide them up
between the contracted engineers that they have and as they go through the RFQ process
they are all submitting for civil engineering RFQ but as you go through their packages
certain ones have different strengths. He stated when staff goes through they projects
that they have to disseminate they try to match those up. Mr. Hasko stated the other thing
they have had running against them the last few years from a budgetary perspective is the
contraction of the capital plan. Staff originally anticipated awarding three (3) contracts
last year with the engineering RFQ and that was expanded to five (5) because of an
experience they had in past years when they had four engineers under contract; two of
them being large firms and it was their first contract with the City. Mr. Hasko stated staff
had terrible experiences with two of the firms; projects languished for multiple years and
they were non -responsive.
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01/03/13
Mr. Carney asked why Craig A. Smith was left off. Mr. Hasko stated they
were not within that top five (5) ranking and the Commission awarded a contract to them
exclusively on the basis of underground located technology that they represented the City
having and directed staff to use that technology when it made sense to use when there
were projects where there was a question of whether or not they had adequate as built
information and knew where things were. Mr. Carney stated he wants to make sure that
when we have companies that submit proposals and are selected that the work is spread
around because he wants to ensure that we always have that good list of people that we
can go to.
The City Manager stated he received an inquiry on this in late November
2012 and he looked at all the contracts awarded since the RFP selection was done. The
City Manager stated the City only awarded four (4) contracts and they were to four (4)
different firms and this will be the second one for Mathews this evening.
Mr. Frankel moved to approve Service Authorization No. 12-05 to
Mathews Consulting, Inc. in the amount of $61,732.00 for the design, permitting and
bidding services of Delray Shores Water Main Phase I, seconded by Mrs. Gray. Upon
roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs.
Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed with a 5 to 0
vote.
10.A.A.A. INTERLOCAL AGREEMENT/PALM BEACH COUNTY:
INFORMATION SYSTEMS SERVICES (ISS) NETWORK SERVICES: Approve
an Interlocal Agreement with Palm Beach County to provide for the joint use of the
County IT assets.
Mrs. Gray commended Mayor McDuffie has worked very diligently in
securing dollars for this project and thanked him for his efforts. For the benefit of the
public, Mrs. Gray stated Mayor McDuffie secured dollars for free Wi-Fi from Lake Ida
Road to S.W. 10`1' Avenue and from Swinton Avenue to Congress Avenue. Mayor
McDuffie stated the installations are underway and the City negotiated a contract with
FPL so the City is mounting on their streetlights. He stated these devices look like an
aluminum looking box with four white antennas sticking out of the top of it and noted
that these are transceivers for the wireless project. Mayor McDuffie stated there will be
approximately 50 of these devices and there are also mounts at Public Safety, S.D. Spady,
Atlantic High School, and Village Academy. He stated the installations are underway
and expects to have them down by the time the kids go back to school in the fall. Mayor
McDuffie thanked the Palm Beach County information systems services people who are
actually mounting this equipment on the poles. He stated the TED Center will handle the
training and people will also receive free PC's which are being refurbished at all the
schools and the school district. Mayor McDuffie stated Palm Beach State University has
volunteered to handle all the help desk service. He stated the qualifying factor is if you
live in that area and have a student in your home that has free or reduced lunch that
qualifies you to get a PC and the wireless service. Mayor McDuffie stated at full
deployment right now they will service about 1,000 households in that area. He stated
the maintenance is handled by Palm Beach County Information System Services.
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01/03/13
Mr. Carney moved to approve the Interlocal Agreement between Palm
Beach County Information Systems Services (ISS) Network Services, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray —
Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes. Said motion passed
with a 5 to 0 vote.
IO.A. CONDITIONAL USE RE UESTI DELRAY BEACH FAIRFIELD
INN: Consider a conditional use request to allow a 95-room hotel within the West
Atlantic Neighborhood to be known as Delray Beach Fairfield Inn, located on the south
side of West Atlantic Avenue, between S.W. 9th Avenue and S.W. 1Oth Avenue. (Quasi -
Judicial Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
fvZ.lyFl--r iv€c':y_,6il ar Cask-ed 4.-- ccurfuL ssion w cilsc o`e. (4-eer `x 'r__Pa{e
communications. Mr. Frankel stated he met yesterday with Diane Colonna, Jeff Costello,
Terry Office, Evan Axelbank, and Chief Strianese. Mrs. Gray stated she spoke with
Diane Colonna and Jeff Costello. Mr. Carney stated he spoke with Diane Colonna and
Clifford Durden. Mr. Jacquet stated he spoke with Jeff Costello and Chief Strianese.
Mayor McDuffie stated he spoke with Jeff Costello and Evan Axelbank.
Paul Dorling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2013 -045 into the record.
Mr. Dorling stated this is a proposed 95-room development to be located
on south side on West Atlantic Avenue between S.W. 10t' Avenue and S.W. 9 h Avenue.
The development proposal is to construct a 4-story 95 room hotel with a 92 space parking
lot which would include 13 parallel spaces; two of those along S.W. 10 Avenue, six
along West Atlantic Avenue, and five along S.W. 9t' Avenue.
At its meeting of December 17, 2012, the Planning and Zoning Board
considered this item. There was testimony from the public in support of the project and
after consideration the Board recommended approval with a 5 to 0 vote. Staff
recommends approval of the conditional use at this time.
Mayer Abbo, Architect for the project representing Prime Design
Associates, stated there are 92 on -site dedicated parking spaces and they are looking at
approximately 13 on -street parallel parking spaces that would be shared. Mr. Abbo
stated this is going to be a new 4-story hotel 95 rooms with a resort style swimming pool,
meeting room facility for guests and the public. He stated this will generate 32 new jobs
once constructed and they have talked with the CRA and the local community about local
sourcing of jobs. Mr. Abbo stated this will revitalize West Atlantic Avenue, stimulate
local business, and will bring affordable balance to the Delray hotel market. He
displayed an aerial view of the site and briefly discussed the project. Mr. Abbo stated
ingress and egress is off 9a' and 10t' and the 92 parking spaces encompass the entire site
toward the rear and the area of the site where the bulk of the parking spaces will be is
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O1/03/13
going to be gated (changed to a rolling gate for additional security no longer an arm
gate). Mr. Abbo briefly described the amenities of the hotel for the ground floor and the
above floor and the architectural elevations. He stated the hotel will be secured in the
evenings in terms of having a staff person outside, there will be cameras at every entry
point of the hotel, and they will work hard to fine tune their safety programs. Mr. Abbo
briefly explained their "green" initiatives.
Peter Humanik, 704 N.E. 5ch Street, Delray Beach, FL 33444, supports
the project. Mr. Humanik inquired about the procedure if he would like to speak on a
regular item that is not quasi-judicial. He asked about the security, fencing, and the
community involvement.
Mr. Abbo stated they have numerous outreach programs that they are
looking to implement both in the construction as well as operationally in terms of
sourcing of local jobs. He stated they have also discussed having a fair at one of the local
churches for local residents.
Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL
33483, supports the project. She discussed the latitude project at the corner of Lindell
and South Federal Highway. Ms. Morrison stated this is a quality developer and urged
the Commission to approve.
Francisco Perez-Azua, 4415 Regal Court, Delray Beach, FL 33445,
supports this project.
Chuck Ridley, 210 N.W. 2"d Avenue, Delray Beach, FL 33444 (Chair
of the Northwest/Southwest Steering Committee), supports the project and urged the
Commission to support WARC's work.
Jeff Costello, Assistant Director of the Community Redevelopment
Agency (CRA), stated the development will be an anchor to the West Atlantic Avenue
corridor between 6"' Avenue and 12d` Avenue and it will start the transformation of the
corridor. Mr. Costello stated as one of the development economic incentives there is a
requirement relating to the local employment program such as collaborating and
notifying local contractors and vendors of the bid opportunities, conducting a job fair at
St. Paul's Missionary Baptist Church, sending written notifications to notifying the
process and timing of bid opportunities.
Rosa Torres Tumazos, 316 N.W. 2`"d Street, Delray Beach, FL 33445,
stated she is a new resident in the West Settlers' District and she made a significant
investment in her home and she is looking forward to this new hotel becoming a vibrant
part of the community.
Reginald Cow 715 N.W. 2"d Street, Delray Beach, FL 33444
(Chairman of the West Atlantic Avenue Redevelopment Coalition), stated it is time to
move forward with the development of West Atlantic Avenue. He stated Commissioner
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01/03/13
Carney and Commissioner Gray attended the Workshop that WARC held in September
2012 that discussed fature development of this area. Mr. Cox stated a number of those
issues have been addressed and urged the Commission to approve the conditional use.
There being no one else from the public who would like to speak in favor
or in opposition of the request, to please come forward at this time.
There was no cross-examination or rebuttal.
Mr. Frankel expressed concern over the security of personnel in the
evenings. He stated he is concerned about the safety of cars, people and the property.
Mr. Abbo stated in terms of security there will be lighting, the fence, and
the walls. He stated there will be a designated employee who will not be armed and can
call the PolirP Department if there is a problem. He stated they also cameras in strategic
inn aTga�i`n� asYly 9P �otPi'y `.?T ai.— �^riier p-la—e� a,c�::.�1, - to brut L.iS')y .��.�orrrr[.".° ly do. t�,
1V V L s LLlttl iL K15. L 1 1
Frankel asked if the personnel will be a security guard or a front desk clerk. Mr. Abbo
stated it will be an employee that will specifically have that job in the evenings for
security. Mr. Frankel asked if they considered having an off -duty Police officer at night.
Mr. Abbo stated he can ask the developer about this but suggested that they need to be
cost conscious as far as the operation is concerned because that would be above and
beyond what they would do in any other hotel. Mr. Abbo stated the have security
concerns in other neighborhoods that they have hotels including Homestead and they
have handled it with staff.
Mrs. Gray expressed concern over security as well and asked if the other
properties are similar to Atlantic Avenue. Mrs. Gray asked long it will take to build this
hotel if approved by the Commission tonight.
Jorge Cepero, 9651 Sheridan Street, Suite #400, Hollywood, FL 33021,
stated the security plan they have in place is sufficient and feels the best deterrent
towards crime is having eyes in place. Mr. Cepero stated their hotels are staff all the time
and moving about. He stated he spoke with the Police Chief today and between the
cameras and the lighting which was requested to be more than normal they are satisfied.
Mr. Costello stated the vertical construction is set to commence on
October 7, 2013 with a CO to occur October 7, 2014. He stated all the approvals are
supposed to be obtained no later than August 29, 2013. Mrs. Gray commented about the
32 jobs forthcoming and stated this project has been reduced with regard to the room
sizes and asked how this will affect the jobs and how will the CRA keep track of making
sure they have the 32 jobs that they said they would have. Mr. Costello stated the CRA
has an agreement between the CRA and Prime Design Associates and there are
stipulations in place that address her concerns. Mrs. Gray asked where the employees
will park. Mr. Costello stated there are adjacent parallel parking spaces available to the
public and employees.
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01/03/13
Mr. Abbo stated they are at 92 on -site parking spaces and are essentially
three short of what Marriott requires and they gave them a waiver since it is an urban
location and they have an addition to the 92 parking spaces; 13 on -street parallel spaces.
Mr. Abbo stated they feel confident that the parking is adequate for this size hotel.
Mr. Cepero stated the 13 parallel parking spaces are an addition to either
the City requirement or Marriott's requirement.
Mrs. Gray stated this hotel is all by itself and asked when the CRA will be
sending out the other RFP's for the other seven acres of land on West Atlantic Avenue so
there will be more redevelopment so that the hotel will not be sitting there by itself. Mr.
Costello stated the CRA anticipates issuing that RFP in the second quarter of this year
between March and May. Mrs. Gray inquired about Shuler's property. Mr. Costello
stated the last time the CRA issued the RFP was last March and they did not get very
responsive proposals; they could not be accepted. However, Mr. Costello states since
that time there have been developers that have met with the CRA with some ideas and the
CRA has informed them that the RFP will be re -issued. Therefore, Mr. Costello stated
there is interest out there and to see this get approved and move forward on this will only
build more confidence as they send out the next RFP for those other properties.
Jim Dupree, Architect, addressed concerns expressed about other hotels
and stated the Hampton Inn and the Courtyard Marriott are right next to the turnpike in
Homestead and the Sleep Inn at 75 and the entrance to Port Charlotte. He stated he had
various conversations with the Police Chief and he feels confident that it will better the
situation.
Mr. Jacquet stated he has been in communication with Jeff Costello who
called him a number of times on this issue and they had an opportunity to speak and he
helped clarify some of his concerns. Mr. Jacquet he also had concerns over safety and
security. He asked the developer to consider the adjacent parcels and suggested that
spreading out the lighting may help to address some of the safety concerns. Mr. Jacquet
stated Delray Beach has thing about us where when making decisions we love to come
together (i.e. the Commission, business owners, residents, etc.). He stated at a previous
meeting regarding a different development everyone spoke in support of it because they
brought everyone to the table and hashed it out. For the record, Mr. Jacquet stated this is
the way that Delray Beach does business and asked the developer to work with the City
as they go forward so there are no hiccups as far as someone not hearing what was going
on.
Mr. Carney thanked the developer for investing in Delray Beach and
stated he is delighted to continue to support this project.
Mayor McDuffie commented about the project and reiterated that the
biggest concern appears to be security and safety. He commended the Police Department
for doing a great job for making everyone secure. Mayor McDuffie thanked the
developer for taking the opportunity and the risk to invest in Delray Beach.
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01/03/13
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Carney moved to adopt the Board Order approving the conditional use
request subject to the conditions set forth in Exhibit "A", seconded by Mr. Frankel. Upon
roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes;
Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to
0 vote.
10.B. WAIVER REQUEST /TEMPORARY USE PERMIT/ALL COUNTY
PAVING (AM: Consider approval of a waiver request to Land Development
Regulations (LDR) Section 2.4.6(F), "Temporary Use Permit", to allow the two trailers to
be used for administrative offices while construction associated with approval of the
pending Class ITT Site Pls:rz Modification occurs for All County Pavino-r located at 1180
�. W tt,'n 4�i Ervei. i �Bzcwsi=u is --------
Mayor McDuffie asked the Commission to disclose their ex parte
communications. Mr. Frankel, Mrs. Gray, Mr. Jacquet, and Mr. Carney had no ex parte
communications to disclose. Mayor McDuffie stated he spoke to the owner and his
agent.
Paul Dorling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file 42013-074 into the record.
Mr. Dorling stated this is a waiver request to the temporary use section of
the code for All County Paving (ACP). He stated the request is for the installation of two
temporary trailers for All County Paving to serve as the administrative offices while
construction associated with approval of a pending Class III occurs. Mr. Dorling stated
the application is to construct an addition to the north face of the existing industrial
warehouse building (formerly known as the Aero Dri site) which is located adjacent and
immediately east of the open field where the trailers are desired. The temporary trailers
they would like to situate on the parcel immediately to the west while they do the
renovations to the existing building. Mr. Dorling stated their current lease expired at the
end of December. He stated since the improvements they are going through for site plan
approval now will not be constructed in time and they are asking for temporary location
of their operation on the site. Mr. Dorling stated staff has concerns with regard to the
number of parking spaces that they are providing and there will be 20-25 office
employees working in these temporary trailers while they are providing a 12 space
parking lot. Mr. Dorling briefly reviewed the conditions recommended by staff. Mr.
Dorling stated staff recommends approval that the two temporary trailers be allowed up
to one (1) year subject to conditions #1-7 in the staff report.
Rick Brautigan, Architect for the project, stated All County Paving has
outgrown their facility and they have decided to make an investment in Delray Beach.
20
01/03/13
Mr. Brautigan stated they filed a landscape plan to beautify the area and
reuse the landscaping on the actual project.
Mayor McDu€fie stated if anyone from the public would like to speak in
favor or in opposition of the waiver request, to please come forward at this time.
Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL
33483, stated she is thrilled that All County Paving is moving to Delray Beach and urged
the Commission to approve.
There being no one from the public who wished to address the
Commission regarding the waiver request, the public hearing was closed.
There was no cross examination or rebuttal.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
At this point, Commissioner Jacquet left the dais.
Mr. Carney moved to adopt the Board Order approving the waiver request
subject to conditions #1-7 listed in Exhibit "A", seconded by Mr. Frankel. Upon roll call
the Commission voted as follows: Mayor McDuffie — Yes; Mr. Carney — Yes; Mr.
Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 4 to 0 vote.
At this point, Commissioner Jacquet returned to the dais.
10.C. REQUEST TO WAIVE RENTAL FEES/DELRAY BEACH PUBLIC
LIBRARY: Consider approval of a request from the Delray Beach Public Library to
waive rental fees for use of Old School Square Park from 4:00 p.m. until 9:00 p.m. for
their fundraiser "Picnic in the Park" proposed to be held on Saturday, March 9, 2013.
Douglas E. Smith, Interim City Manager, stated the Commission is
requested to consider approval of a request from the Delray Beach Public Library for a
fee waiver of rental fees for use of Old School Square Park. Mr. Smith stated the request
is for a fundraiser event that the library is holding March 9, 2013 from 4:00 p.m. until
9:00 p.m. and the fee amount is $330. Mr. Smith stated staff has concerns of setting a
precedent in waiving this fee.
Mr. Frankel asked who is going to be in charge of cleaning up the park.
Mr. Smith stated it is really treated as a rental event and is not an event where the City
would have other staff to do that. Linda Karch, Director of Parks and Recreation, stated
if they do not pay then they would get the security deposit back.
Brief discussion by the Commission followed.
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01/03/13
Mr. Carney moved to approve the request to waive rental fees for the
Delray Beach Public Library, seconded by Mr. Frankel. Upon roll call the Commission
voted as follows: Mr. Carney — No; Mr. Jacquet — No; Mr. Frankel — No; Mrs. Gray —
No; Mayor McDuffie — No. Said motion was DENIED with a 5 to 0 vote.
10.D. BID AWARD FOR BEACH CLEANING SERVICES: Bid award for
beach cleaning, maintenance and beautification services. Funding is available from 001-
4123-572-34.90 (General Fund: Other Contractual Services).
Linda Karch, Director of Parks and Recreation, stated this item is to
consider approval of a bid award for beach cleaning, maintenance, and beautification
services for Delray Beach. Ms. Karch stated Universal Beach Service is the current
contract holder and has been providing reliable service for approximately 30 years. The
three. (3) bids ar6 as follows: Beach Raker $57,000; Universal. Beach Service
o. ora"or +4,0010; the bead rooauer �0,�.�u+ . aye �,'a c' ehrly pays $ ;,,o0010
for service three days per week, and the new contract will increase the service to five
days per week. Garbage collection is also five days per week but recycling collection
was added to the contract to five (5) days per week. Ms. Karch stated staff recommends
that the bid award be awarded to the low bidder Beach Raker; however, Universal Beach
Services filed a bid protest concerning the proposed award. After reviewing the bid
protest, Ms. Karch stated the City Manager has stated that it has some merit. The City
Manager has outlined four (4) alternative courses of action listed in staff s memorandum.
The City Attorney stated the City's bid protest procedure has some
language in it that states the protestor can appear at the Commission meeting and state
their protest.
Tom Stanley, Attorney for Universal Beach Services, stated they
believe the bid protest stands on its own merits and urged the Commission to make a
decision on this tonight.
Mr. Frankel expressed concern with a bid that is set so low and with the
evidence of other beaches and the other information he is of the opinion to strike the low
bid and go with the second low bidder.
Mr. Jacquet stated there is a large discrepancy between the bids and does
not believe there have been any issues with Universal Beach Services. Mr. Jacquet stated
he believes it would be in the best interest of Delray Beach to have a local company that
has been working here for some time we are pleased with the work that they have done.
Mr. Jacquet stated Universal Beach Services is a great company and he does not have a
problem with the bid being award to them but he expressed concern with all three (3)
bids.
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01/03/13
The City Manager stated with housing rehab the staff does an estimate.
He stated the City may receive 8-10 bids for a job but if you have a bid that is much
below the staff estimate it is thrown out.
Mr. Carney stated he is very reluctant to make a change when something
is working very well.
Mrs. Gray stated Universal Beach Services has been charging the City
$79,000 for years without an increase. Ms. Karch stated the City increased the spec of
the bid from 3 days a week to 5 days a week plus recycling. Mrs. Gray stated we have
high standards in Delray Beach for our beach our number one asset. Mrs. Gray stated she
supports staffs recommendation #2.
Mr. Jacquet commented about staff recommendation #2 and stated in the
best interest of the City we reject unreasonably low bids and inquired about the standard.
The City Manager stated in the case of housing rehab work the City has staff do an
estimate using the standards for residential house construction. The City Manager stated
if any of those bids are much below the staff estimate they are not considered. Mr.
Jacquet stated he would like to know what standard the City uses in calling it
unreasonable.
Mrs. Gray asked the City Manager if there is anything stated in the City's
documents that state the City has to take the low bidder. The City Manager stated you
specifically do not have to take the low bidder.
Tian Greener, owner of Beach Raker, stated their price was based on
their cost and they already perform services for clients in other areas that are close to this
vicinity. He stated they are able to group those clients and make a route for one of their
drivers. He stated he read through the other proposals and the reason the other bid was so
high is because Universal Beach Services and they both use tractors with manufactured
rakes that break up the seaweed and pick up the trash; the high bidder was using people
with hand rakes. He stated they provide services for other cities such as the City of
Pompano, City of Dania Beach, Lauderdale by the Sea and they are experienced in this
business.
Andrew Greener, General Manager of Beach Raker and resident at
4253 Live Oak Boulevard, Delray Beach, FL 33445, stated he understands that
Universal Beach Services has provided beach cleaning for 20 years and in that respect
there is only on public beach at the City of Delray Beach. Mr. Greener stated for Beach
Raker to be in business to clean the local beach over 20 years and match their 20 years'
experience cleaning the local beach is difficult to show that they are a local business. He
stated they want a fair opportunity to bid this as well.
Mr. Frankel moved to award the bid award to Universal Beach Cleaning
Services, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr.
Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie
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01/03/13
— Yes. Said motion passed with a 5 to 0 vote.
10.E. PROPOSED SIX MONTH EXTENSION OF INNOVATION
CORRIDOR STRATEGIC MARKETING PLAN IMPLEMENTATION: Consider
extending an agreement with Sperry Van Ness/David Wilk for Phase II, Implementation
of the Real Estate Strategic Marketing Plan for the Delray Beach Innovation Corridor.
The City Manager stated the City has engaged David Wilk with Sperry
Van Ness to help with development and implementation of the Real Estate Strategic
Marketing Plan for the Congress Avenue Corridor renamed the Delray Beach Innovation
Corridor. The City Manager urged the Commission to extend this contract for another
six (6) months on the same terms as the current contract $2,500 a month plus expenses.
Mrs. Gray asked if the old Office Depot site is ready for a developer to
core in;
David Wilk, Developer, stated the property has been stimulated to have a
lot of interest by a number of developers as a result of creating the new brand and
strategy for it. He stated the current owners of the property have been challenging to
work with because it is a large international insurance company. Mr. Wilk stated they
have been working closely to try and establish a relationship and discussion with them to
try and get the property under someone else's control.
Mr. Frankel moved to approve the proposed six (6) month extension of
Innovation Corridor Strategic Marketing Plan Implementation, seconded Mr. Carney.
Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes;
Mrs. Gray -- Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed with a
5 to 0 vote.
10.F. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
10.G. EMPLOYMENT AGREEMENT/CITY MANAGER: Consider an
Employment Agreement between the City of Delray Beach and Mr. Louie Chapman.
The City Attorney stated at the December 18, 2012 the Commission gave
staff direction with regard to certain terms they wanted in a contract. Staff has placed
those terms in a contract and Mr. Chapman has agreed to those terms and the start date
would be April 1, 2013 $160,000 beginning salary; the pension contributions if he
decides to do a 457 Plan in -lieu of joining the City's Pension Plan; vacation and sick
leave would start at the highest annual accrual rate and he would be allowed advanced
use of ten vacation days and ten sick days; auto allowance of $400 a month; moving and
packing expenses from Bloomfield, Connecticut to Delray Beach; assistance with
temporary living quarters not to exceed $1,500 per month and not to exceed six months;
and severance would be 20 weeks which is in accordance with State Statute. The City
Attorney stated he added a term to the agreement that was not brought up at the last
meeting was the issue that he would need to relocate to the City within 9 months of
24
01/03/13
starting employment with the City of Delray Beach.
Mr. Frankel expressed concern that the Commission is finding a lot of
things out after the facts (whether or not anyone agrees or disagrees). He asked the City
Manager to elaborate on the legal documents that he sent to the Commission in the last
several days. The City Manager stated a City employee brought these documents to the
City Manager's office and he felt it important for the City Commission to be aware of
them. The City Manager stated there was a case in 1996 where the Town of Bloomfield
lost in Federal Court where Mr. Chapman was found guilty of retaliating by not
appointing a person to a particular position. The City Manager stated the Town of
Bloomfield had to pay damages in excess of $200,000 and more recently there was a case
before the Connecticut Human Rights and Opportunities Commission regarding age
discrimination where the town fired a Police officer allegedly for untruthfulness and the
Hearing Officer found that the untruthfulness charge was not really substantiated and also
this Officer was treated in a disparate manner in that there were two other officers that
had strong and convincing evidence of untruthfulness and they were not fired but retained
on the force.
Mr. Frankel expressed concern that the company the City retained did not
discover any of this information. The City Manager stated he has emailed it to the Mr.
Holifield and asked why he did not find this but is still awaiting an answer.
The City Manager stated in this last case the City had to pay damages
around $110,000 (back wages, medical costs, and they had to repay the State for
unemployment compensation).
Mayor McDuffie urged the Commission to get this vetted out and find out
what is going on.
Mrs. Gray asked if this is uncommon to have the City Manager and the
Chief of Police named in the lawsuit. The City Attorney stated the City of Delray Beach
has had lawsuits where they name individuals in their official capacity. Mrs. Gray stated
the information that the City Manager is talking about that has been sent to the entire City
Commission. She stated while she appreciates the undisclosed City employee that
provided this information to the City Commission about the potential new City Manager.
Mrs. Gray stated she did research as well and found that this same person and same entity
that the Mayor described had another lawsuit where Mr. Chapman and the City of
Bloomfield actually won. Mrs. Gray stated all the information should be passed out
versus picking and choosing.
Mr. Jacquet stated there have been times in the past where there have been
attacks on our City Manager. Mr. Jacquet stated he admires tenacity, intelligence, and
hustle. He stated he admires how vehement certain Commissioners are in opposition to
Mr. Chapman and whether it is right or wrong he admires it because they have been that
way since day one and have stuck with it. He stated he feels this is being dragged as if
we want to derail this somehow.
25
01/03/13
Mr. Carney stated he has supported Louie Chapman for the following
reasons: (1) believed with his 19 years' experience he demonstrated stability in his job,
(2) Mr. Chapman has a demonstrated ability to have economic development in his
community, and (3) he wanted someone with fresh eyes. Mr. Carney stated because he
supports him it would be very unfair to bring him under such a cloud and he wants Mr.
Chapman to come with everyone knowing that these allegations are false. Mr. Carney
stated there is no risk in continuing to do a true vetting in a more substantial manner
unless the allegations are true in which case the Commission has done the right thing by
continuing to vet.
The City Attorney suggested that if the Commission wants to do the
vetting that they do that first before they agree to the contract.
Mrs. Gray asked how long this should be carried out.
3:','ce Loeser, °°.recEi?r "ei '�Ta:1a l a'te.�f}urCPS, 5�.�,T.C_ :ne j' na?'e E^,L li�ai''
back from the consultant.
The City Manager stated Mr. Chapman will be in town on Monday,
January 15, 2013 because he has requested to meet him. Mr. Carney suggested that the
Commission have a Special meeting on a different day if this date is not good.
Mr. Jacquet stated the Commission has had enough time and checking and
has done the work necessary to choose Mr. Chapman.
Mr. Carney moved to table the Employment Agreement for the City
Manager to a date certain of January 15, 2013, seconded by Mr. Frankel. Upon roll call
the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor
McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet -- No. Said motion passed with a 4 to 1
vote, Commissioner Jacquet dissenting.
10.H. APPOINTMENT OF AN INTERIM CITY MANAGER: Appoint
an Interim City Manager upon the retirement of Mr. David T. Harden.
The City Attorney stated per the City Charter the Commission will need to
appoint an Interim City Manager upon the retirement of Mr. David T. Harden.
Mr. Frankel recommended Mr. Bob Barcinski. The City Manager stated
Mr. Barcinski does not want the position and he has discussed this with Mayor McDuffie.
The City Manager stated the Commission can bring someone in from the
outside or appoint anyone on City staff.
Mr. Carney stated he recommends Doug Smith.
Mr. Carney moved to appoint Douglas E. Smith as Interim City Manager
with a salary of $1,000 more than the highest paid department head and return to his job
26
O1/03/13
when the new City Manager arrives, seconded by Mr. Frankel. Upon roll call the
Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney —
Yes; Mr. Frankel — Yes. Said motion passed with a 4 to 0 vote.
10.1. APPOINTMENT OF PERSON TO FILL UNEXPIRED TERM FOR
SEAT #1: Appoint a person to fill the unexpired term for Seat #1 until the March 28,
2013 Organizational Meeting.
Mayor McDuffie passed the gavel to Vice Mayor Carney and left the dais.
The City Attorney stated Ms. Morrison has received 3 votes and Mrs.
Finst 1 vote.
Mr. Frankel moved to appoint Christina Morrison as Commissioner Seat
#1, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr.
Carney -- Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion
passed with a 4 to 0 vote.
10.J. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD:
Appoint three (3) regular members and an alternate to serve three (3) year terms ending
January 14, 2016 and one (1) alternate member to serve an unexpired term plus a three
(3) year term ending January 14, 2016 to the Code Enforcement Board. Based upon the
rotation system, the appointments will be made by Commissioner Jacquet (Seat 42),
Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4), Mayor McDuffie (Seat
#5) and Commissioner Carney (Seat #1).
Mr. Jacquet moved to appoint Kevin Homer as a regular member to the
Code Enforcement Board to serve a three (3) year term ending January 14, 2016,
seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Carney
— Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with
a 4 to 0 vote.
Mr. Frankel moved to reappoint Ronald Gilinksy as a regular member to
the Code Enforcement Board to serve a three (3) year term ending January 14, 2016,
seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Jacquet
— Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mr. Carney — Yes. Said motion passed with
a 4 to 0 vote.
Mrs. Gray moved to reappoint Jason Dollard as a regular member to the
Code Enforcement Board to serve a three (3) year term ending January 14, 2016,
seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Frankel
— Yes; Mrs. Gray — Yes; Mr. Carney -- Yes; Mr. Jacquet — Yes. Said motion passed with
a 4 to 0 vote.
At this point, Mayor McDuffie returned to the dais.
27
01/03/13
Mayor McDuffie stated he wished to appoint Deanne Longo as an
alternate member to serve a three (3) year term ending January 14, 2016. Mr. Jacquet so
moved, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs.
Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel
— Yes. Said motion passed with a 5 to 0 vote.
Mr. Carney stated he would like to defer his appointment to the next
regular meeting of January 15, 2013.
10.K. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint
one (1) student member to the Police Advisory Board to serve an unexpired term. ending
July 31, 2013. Based upon the rotation system, the appointment will be made by
Commissioner Gray (Seat #4).
Mrs. Gray moved, to appoint P,v:�.n Longo as a sti.j.€ ent maTnber to the
Police Advisory Board to se m an unexpired tc,=L,. ending J iily 31, 2013, seconded by Mr.
Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr.
Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray --- Yes. Said motion
passed with a 5 to 0 vote.
12. FIRST READINGS:
A. None
13. COMMENTS AND INQUIRIES ON NON -AGENDA ITEMS.
13.A. City Manager
The City Manager stated with regard to lawsuits involving the City
Manager as best as he and the City Attorney can recall in 22 years the City has never lost
a lawsuit or EEOC (Equal Employment Opportunity Commission) complaint based on a
personnel action which he has taken. The City Manager stated every time an employee is
fired it is a potential lawsuit. The City Manager stated he remains interested in Civic
Affairs and plan to continue doing some things with the League of Cities and the Alliance
for Innovation.
The City Manager thanked the City Commission for the privilege of
working with them. He stated there have been some fantastic Commissioners and
Commissions over the years and it has been great to have the support and the continuity
of vision that has been a key to the City achieving what it has.
The City Manager stated Mrs. Gray had asked about possibly shrinking
the CRA and in order to evaluate that they have asked the Property Appraiser's office to
determine the valuation of that part of the CRA that is east of the Intracoastal at that time
the CRA was created. The City Manager stated they expect by the end of the month they
will have that value. He stated once we know what that value was at the time the CRA
28
01/03/13
was created we can see what the increment is and what the impact would be on both the
CRA and the City if we were to de -annex that part from the CRA. He stated when staff
gets the information they will bring it to the Commission.
U.B. City Attorney
The City Attorney had no comments or inquiries on non -agenda items.
13.C. City Commission
13.C.1. Mr. Jacguet
Mr. Jacquet thanked the City Manager and the Mayor for their years of
service and their passion for the City.
13.C.2. Mr. Carney
Mr. Carney stated the City Manager's service to Delray Beach
exemplified the dedication, integrity, and the passion that this City deserves in a City
Manager. Mr. Carney thanked the City Manager for his years of service and stated
Delray Beach would not be the great success story that it is had they not had the City
Manager's guiding and stable hand over the years. Mr. Carney stated the City Manager
has exercised fiscal responsibility which has allowed Delray Beach to succeed far beyond
what neighboring cities have done and as a resident of the city he thanked the City
Manager for all of the work he has done on behalf of the Commission.
Mr. Carney also thanked Mayor McDuffie for his dedicated service to the
City of Delray Beach and stated he has committed himself to improving the lives of all
the Delray Beach residents especially his involvement with the various youth programs
and providing them the opportunity through the Digital Divide initiative for them to have
access to the internet. Mr. Carney stated Mayor M:cDuffie's dedication that he has shown
has helped the City through some very difficult times. Mr. Carney stated he has enjoyed
the history and stories of Delray Beach told from the perspective of those that have lived
here their entire life. He stated it is so important that you know where you were and
where you come from in order for you to know where you want to go.
13.C.3. Mrs. Gray
Mrs. Gray stated it has been an honor to have served with the City
Manager. She stated the City Manager has been a great leader, honest, fair, and on top of
his game. Mrs. Gray stated she will miss the City Manager but believes his work ethics
will continue on. Also, Mrs. Gray stated she will miss Mayor McDuffie and appreciates
everything that he has done.
29
01/03/13
13.C.4. Mr. Frankel
Mr. Frankel stated he spoke to the City Attorney today about the smoking
ordinance and noted there have been some complaints about cigar smoking on the beach.
He asked if signs can be posted on the beach that read "no smoking on the beach" by City
ordinance. The City Manager stated the City adopted the ordinance and it provides for a
designated smoking area and there was never an agreement reached of where the
designated smoking area should be. The City Manager stated if the Commission can
come up with a designated smoking area then they can do that and prohibit it on the rest
of the beach. Mr. Frankel suggested that this be discussed at the next Workshop meeting
or soon after.
Secondly, Mr. Frankel stated the City now has WiFi which is a good thing.
y �ji qy�q �Lastiv+5yy,,Mr. Frankel state vvi en he, rr Q.t 'with Kant Bressner regarding, the
City Manager7s search and e J q i'io 11C Ke, s 4Nn4 � r� NPike 19 /Ir
aC 1 GLLli,4 ev'vl LieJC1V11 lltr [;LjZVii was La1CCL he wanted .�Sa�Jfneone llhl. Yll.
Harden's integrity, work ethic, etc. Mr. Frankel stated every time he spoke to someone
or looked at a resume he always compared it to the City Manager and thanked him for
everything he has done. Mr. Frankel commented about an article written four years ago
that states "Local Attorney Challenges Woodie McDuffie". Mr. Frankel stated Mayor
McDuffie and his family have been more welcoming, supportive and helpful. Mr.
Frankel stated Mayor McDuffe taught him a lesson of taking the high road on how you
treat people and how it is great to love your community and the people in it.
13.C.5. Mavor McDuffie
Mayor McDuff e stated he has had so many positive role models in his life
and Mr. Harden is his new one. Mayor McDuffie stated he and his wife often discuss the
incredible honor that it has been for everyone in his family. He stated it has been
rewarding to restore and add physical infrastructure to Delray and those achievements
have been overshadowed by the personal experience that his family has had with their
amazing constituents who have touched them with their dedication to the City and
honored them with their genuine friendship. Mayor McDuffie stated he has been blessed
by being supported by the all-around best staff he has ever had the pleasure to work with.
Mayor McDuffie continued to read a brief statement into the record and thanked
everyone for six (6) wonderful years.
There being no further business, Mayor McDuffie declared the meeting
adjourned at 10:15 p.m.
Upon adjournment of the Regular City Commission Meeting, the
Swearing -In Ceremony was held for the Mayor and Commission Seat #1.
City Clerk
30
01/03/13
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on January 3, 2013, which Minutes were formally approved and adopted by the City
Commission on
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.
31
01/03/13
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DEIrRAY BEACH, FLORIDA
CONDITIONAL USE MODIFICATION REQUEST FOR FAIRFIELD INN HOTEL
ODDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1 This conditional. use request to :allow construction of a 95-bedroom hotel
located on West Atlantic Avenue between S.W. loth Avenue and &W. 9th Avenue, has
come before the City Commission on January 3, 2013.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for the
Fairfield Inn Hotel development. All of the evidence is a part of the record in this case.
Required findings are made in accordance with Subsections I and II.
1. COMPREHENSIVE PLAN
a, Comprehensive Plan - Future Land Use Element Obiective A-1; This
objective requires that the property shall be developed or redeveloped as it pertains to
height, in a manner'so that the future use and intensity is appropriate in terms of soil,.
topographic, and other applicable physical considerations, is complementary to adjacent
['and uses, and fulfills remaining land use needs.
Is this objective met?
Yes No
b Future Land Use Map: The resulting use of land or structures must be
allowed in the zoning district within which the land is situated and said zoning must be
consistent with the applicable land use designation as shown on the Future Land Use
Map. The subject property has. a Future Land Use Map designation of Commercial
Core. and is zoned. Central Business District.
City Commission Meeting on January 3, 2013; Item 10.A.
1
Future Land Use -: Is. prbjdct's proposed locaffilbii consistent: With the
Future Land Use Map?*
Yes -/ No
Co Concurrence: Facilities which NO are provic!00 by, or. through, the City
shall be.-* proy Wad to. now. 06,V61op.moht oneurr t: wRh issuance. of. a Cedifiro of
Ocdupahey.- Theso fadillfies shall beprovide'd pursuant to, levels of service. established.
Within the CbmprehehsiVe Plan,
CpiR(;u,rre.ncy as defined pursuant to Objective 13-2 of` the land. Use Element of
the Comprehensive Plan must be met and a determination made that the public; facility
I . - - i Ak i - - Nice= Ov. t1he req.-LA-esteCli lainod use: al-B-3/1-jor cloweilopmelm aPFi1%,C;MVi1 VV11i rl�Qt =__eal the
-ability of the City' o fund girld prcivide or to require 1to the pro.Visi.0. - of, needed capital
n
impt6vemehts,f6r, the f6libwingy areas:.
Aro the ebncurrency tequirene.htsnet attdspect.jo water, sewer,
-drairlagd, streets and traffic, parka,. open space, solid waste and
schools?
Yes V, No�
ConsistdhcV: Will the, granting of the: c6nditio' hal use be consistent with
and further the goals: and policies ofthe Comprehensive.. Ptah?
Yes v4 :No
II. LDR REQUIREMENTS,-:
ZL Lbk .Section 2A.5-(EI Recigired Findings: (Gbildititmall Usc)-, Pursuant
to Section 2.4.5(E)(5)., in addition to provisiphs of Chapter 3, the -conditional use will not:
. a 1. Have a significantly detrimental effect. upon t.hec stability of the
neighbothcIod within which itwill be located;
2. Hinder d4velopmeot or reclevelopmontof nearby
properties.
Will Section 2.4.5(E)(5) be met?
Yes. -/ No:
2 City Commission Meeting on January 3, 2013; Item 1 O.A.
b. Pursuant to i.DR Section 4.4.13(D)(16),, hotels, motels; and residential
type inns on property located within the West Atlantic Avenue Neighborhood are.
.allowed as conditional uses within. the Central Business District (CBD). The proposed
conditional use is to allow the establishment of the, Delray Beach Fairfield Inn Hotel,
within the Central Business: District (CBD) and the West Atlantic Neighborhood. The
proposed 95-room hotel developmentwill be located on the south side of West Atlantic
Avenue between SW 10th Avenue and SW 9th Avenue.
Are these requirements met?
yes f No
3. The comments and notes set forth in .the staff report are hereby
incorporated herein_
4. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the conditional use request was submitted.
5; The City Commission finds there is ample, and competent substantial
evidence to supportits findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent. witnesses supporting these. findings.
6. Based on the entire record before it, the City Commission approves
denies the conditional use request set forth above subject to the conditions set
forth in Exhibit A, attached hereto and made a part hereof,, and hereby adopts this order
this 3rd day of January, 2013, by a vote of 5 in favor of approval and 0
opposed.
Thomas F. Carney, Mayor
ATTEST:
Ghevelle Nubin
City Clerk
City Commission Meeting on January 3, 2013; Item 10.A.
EXHibiTA
TOTHE. CQ D'T '"' AL. USE MOD
N. ) 1 10 N. � .. IFICATION.
REQUEST FOR FAIRFIELD INN HOTEL
1. That the applicant 'subrifit an application for Class Site: Plan Approval whi.6h; at a
minimum. addresses the following issues identified in: this. staff'report:
.2. That a detail of the: pro -posed ..5': high Wall W 60. located around o portionof the
parkin.g.lot needs td be provided;
t. the.: site. plan shall depict the location of the emergency generator
-3, Tha end
P pro.a
associated, fuel supply, The emergency generator needs - to be designed and
L"w 0,tit
not less than 120 hours and a, note to - this effect shalt be placed on the side plan.
4; That provision of1sufficient spread of illumination. level along SW 10" Avenue and,
SW 9th Avenue r--:o-w needs to be acbommodated..An ificre a*siM illumination level
in this •ared for personal safety purpbsesand. pre.-Vehfioh of vandalism is.
redorhMended;
5. The applicant shalt provide P contribution of'appro)fta.tejy one-half th ai� cost of a..
bqs. shelter pr
ior (t6.t do.diftotfbh of the. site: Diam
th
for the. tWo: access; -drivowa
%3ibilify. tdangl6s y to. the. parki'ng lot along SW 10
Avenueand. SW 91h. Avenue, .as well as the: intersections e . Atlantic Avqnpe;
ctions of W West
r(),-w: with. 8W. -1 Oth* Avenue and $W e.Avenue need to be: depicted on the site
plqp and landscape plan:
T That the required two fee
(21) right-0-way dedication along. West-Alaritict Avenue
{west half of the; property): beexecuted as port of the: requifed plat associated with:
the -subject property, -and be depicted on, the site plan, Engineering plans, and.
Laposcapp plan'
84 That therequired. Wenty. feet: (20') corner clip de he'southwest sorrier
I dedication t h ... A.or
of West Atlantic Avenue and 8w* Oft Avenue and the southeast corner of 'West
Atlantic Avenue. and 5W. 1& Avenue bee.xecuted. as part- of the required plat for
the property and be. depicted on the site plan, Engineering pl6hs,-, and Landscape.
plan,
0.- Utility Ncifitios serving the. develop a located underground round throughout e.. development shall b
thedevelopment; . A note to this d0ect needs to be placed on the site plam
City Commission Meeting on January 3, 2013, Item I CIA
10: As the developfrient.proposal includes :the integration of various lots, and the
dedication of; right-of-way,. a plat must be processed andrecorded prior to -
issuance of abuilding permit-,
11 The applicant has indidated' that the function of the higher areas at the center
portion of the building (including the Proposed decorative tre1lis)- have two
purposes.-, 1) to screened, and cover mechanical equipment which will be
strategically located behind these areas.; and 2)- the proposed trellis and higher.
elemprits. are .iconic :to the Fairfield Hotel brand. Thus, thin portion of the building
which has a height of .56' is not intended for human occupancy
and may
be
considered an ",appurtenance". A Conditionof approval is attached that, details of
the equipment are provided, depicted; ,tind'marke.-.do.n,the building elevations:
City Commission Meeting on January 3, 2013; Item 10A
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE. CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
WAIVER REQUESTS RELATING TO A TEMPORARY USE PERMIT
TO ALLOW THE USE OF TWO (2) TEMPORARY TRAILERS DURING THE
RENOVATION OF THE EXISTING OFFICE BUILDING FOR ALL COUNTY PAVING
LOCATED AT 1180 S.W. 10TH STREET
1. These waiver requests to allow a temporary use permit to allow the use of
two: (2) temporary trailers during the renovation of the existing office building came
before the City Commission on January.3, 2013.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining, to the waiver request for the temporary use
permit. All of the evidence is a part of the record in this case. Required findings are
made in accordance with Subsection 1.
I. WAIVER:
Pursuant to LDR Section 2.4.7(13)(5), prior to granting a waiver, the approving
body shall make a finding that the granting of the waiver:
(a) Shall not.adversely affect the neighboring area;
(b) Shall not:significantly diminish the provision of public facilifies;
(c) Shall not create an unsafe situation; and,
(d) Does not result: in the grant of a special privilege in that the same waiver
would be granted under similar circumstances on other property for
another applicant or owner.
A. Waiver to Allow a Temporary Use Permit for Two (2) Temporary
Trailers at 1180 S.W. loth Street:
LDR Section 2.4.6(F) provides of a list of allowable temporary uses. The
Applicant is requesting a waiver to Section 2114.6(F) to permit the use of two (2)
temporary trailers for temporary administrative offices, to be located at All County
Paving at 1180 S.W. 10th Street.
City Commission Meeting on January 3, 2013; Item 10.13.
Veques. s4lbject to the�.dohditiohs attached Rl
Does the waliver t lh Exhibit
s meet all the eequirerh4titit of 2.4.7(8.) 1:
Yes No
I The City- 0orornisslon has. applied,
the Comprehensive Plo nd. W. R
requirements in e�isfence at the. time -the-, on ' q.1 deve.loprn 6 tim gh pnt appli P o. was
submitted and flinds that its d6ferrnl*natloht� set forth' in this: Order afe..W i4 istent-with the
P.reh Com -ensivelPlam.
..
ttA
4. The Cit�y. Ul"commisslon TAinds thft-Fde 10-S. -al-1-1- 1-• and connp� nt plt;�, It: L subzLctliUcH
evidence to.. support its findings , il, nthe n . the :record submitted d adopts the fa
... an ds. contained
in the rec9rdinclpdihg .but not liiitOd t6 theistaff reportsi testimony of experts and other
competent wo etent W'ithossessup porting. he 0 findings:
5. Oas d on. the entire record before A the . City Commission approves.
denies the waiver requests to. LDk Sectlon,2.4.6(F) subject to. the, conditions listed
in, Exhibit.. "N141tached herptP.
Based on the' entire ra.dord before it... the -ifty ComMi8sibri haebAdopit,
this.. Otder this 3 . - anuary, v 'by aote, of 5 in favor and. 0
rd[.day of` .J
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GfYevelle_.I�ubirl;, City Clerk:
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Thoma.s, F... Ga-r Jr:; . . ney: - Mayor
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City Commission Meeting on January 3, 2013; Item 10.13.
Exhibit "A"
Conditions Related to the Waiver Request to Allow Two>(2) Temporary Trailers at
All County Paving Located at 1180 S.W. 10'h Street
1. Approval is subject to no more. than 12 vehicles being allowed on the western
parcel at any one time.
2. All vehicle storage and overflow parking is to be accommodated on the primary
site in approved parking areas..
3. A temporary pedestrian connection is to be provided from the primary site to the
temporary site..
4. That the temporary trailers, parking lot area, concrete pads, landscaping, etc. all
be removed from the property and the area restored concurrent with the
issuance of a Certificate of Occupancy for the permanent office, but in no event
shall the Temporary Use Permit be valid for more. than one year from the
issuance of same:
5. The siting of these temporary trailers must meet all applicable building permit
requirements including, but not limited to, connection with appropriate utility
services and provision of men's and women's toilet facilities connected to
appropriate city water and sewer facilities
6. A Class II site plan modification must be processed and certified prior to placing
the trailers. on the site.
7. That parking of vehicles and equipment is limited to the parking lots) shown on
the plan. No areas are to be used for outdoor storage of materials. The balance
of the site, including the extensive area south of the dashed area shown for
these immediate improvements, shall not be used for storage of vehicles, trucks,
materials; paving machinery and/or equipment„ etc.
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City Commission Meeting on January 3, 2013; Item 10.B.