12-06-04 Minutes
December 6. 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., Monday, December 6, 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
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, City Clerk
2.
The opening prayer was delivered by Deputy Vice Mayor Levinson.
3.
gIven.
The Pledge of Allegiance to the flag of the United States of America was
4.
AGENDA APPROVAL.
Mr. Costin moved to approve the Agenda, 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.
5.
APPROVAL OF MINUTES:
Mrs. Archer moved to approve the Minutes of the Regular Meeting of
November 16, 2004, seconded by Mr. Costin. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman
- Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote.
Mr. Costin moved to approve the Minutes of the Special Meeting of
November 19, 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.
12/06/04
6. PROCLAMA TIONS:
6.A. Florida Jewish History Month - January. 2005
Mayor Perlman presented a proclamation hereby proclaiming the month of
January 2005 as the second annual Florida Jewish History Month. Mayor Perlman noted
this proclamation will be mailed.
7. PRESENTATIONS:
7.A. "Obie Community Spirit Award". Robert Barnard. Oram!:e Bowl
Committee
7.A.1. Oram!:e Bowl Day Proclamation - December 6. 2004
Mayor Perlman read and presented a proclamation hereby proclaiming
Orange Bowl Day as December 6, 2004. On behalf of the Orange Bowl Committee,
Robert Barnard came forward to accept the proclamation and thanked the Commission
for their involvement with the Orange Bowl Committee through the years.
7.B. "How Did I Survive The Hurricane Storms" Contest Winners -
Delray Beach Parks and Recreation Department
Tonya Smith, Recreation Superintendent III/Director of Out of School
Program, introduced the following essay winners ("How Did I Survive the Hurricane
Storms") who read their essays to the Commission:
· Timothy Robinson - Grade 4
· Andrea Antoine - Grade 5
· Sideste Jean - Grade 5
Mayor Perlman presented the students Certificates of Award for their
essays.
7.C.
Stra2hn
Keith Stra2hn Foundation Thanks2ivin2 Dinner. Alfred Zack
Danielle Gallo, Marketing & Special Events Coordinator/Parks and
Recreation, stated she organizes over ten special events for the Delray Beach Parks and
Recreation Department and the one event she gets the most joy out of is the Annual
Turkey Trot. The Turkey Trot is a 5k run and health walk held along A-I-A on the
Saturday before Thanksgiving and has been in existence for 18 years and for the past 8
years the City of Delray Beach has been donating the proceeds to the Keith Straghn
Foundation to their Annual Thanksgiving Day Food Drive to feed the less fortunate in
Delray Beach, Boca Raton, and Boynton Beach. She presented a check in the amount of
$500 to the Keith Straghn Foundation on behalf of the City of Del ray Beach.
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7.D. Outside the Walls Ministries. Inc.. William N. Griffin.
PresidentIFounder
William Griffin, PresidentIFounder of Outside the Walls Ministries, Inc.,
thanked the Commission for their support of the Hip Hop Festival held on November 21,
2004 at the Tennis Center. He stated both the Delray Beach Police Department and the
Tennis Center staff were very accommodating. He played a video of the news coverage
that was taken the night of the event and distributed a promotional booklet to the
Commission. Mr. Griffin stated the purpose of this event was to make a positive impact
on the youth in Delray Beach and he is looking forward to doing this again next year.
7.E. City of Delray Beach Residents' Academy Certificates - Janet Meeks
Mayor Perlman and Janet Meeks, Education Coordinator, presented the
following individuals with certificates for completing the City of Delray Beach
Residents' Academy:
· Johnnie Bennett
· James Borsos
· Cheryl Brown
· Virginia and Ben Bubar
· Gail Doctor
· Bernadette Franco
· Suzette Franklin
· Susan Gobbi
· Katherine M. Horrell
· Shirley Talbot
· Robin Marrah
· Peggy Murphy
· Kathleen Ruby
· Johnny Wilson
· Barbara Yurchuk
8.
CONSENT AGENDA: City Manager Recommends Approval.
8.A. RESOLUTION NO. 88-04/ABANDONMENT OF DRAINAGE
EASEMENT: Approve the abandonment of a 10 foot wide drainage easement and
acceptance of a replacement easement located within Lots 167 and 168, 2nd Section,
Tropic Isle Subdivision, generally located at the southeast corner of Allamanda Drive and
Spanish Trail.
The caption of Resolution No. 88-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, VACATING
AND ABANDONING A 10-FOOT WIDE DRAINAGE
EASEMENT LYING BETWEEN LOTS 167 AND 168,
2ND SECTION TROPIC ISLE, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 24
AT PAGE 246 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, AS MORE
PARTICULARLY DESCRIBED BY EXHIBIT "A".
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12/06/04
(The official copy of Resolution No. 88-04 is on file in the City Clerk's
office. )
8.A.1. AGREEMENT/ANGELO MORALES: Approve a cost sharing
agreement between the City and Angelo Morales for the relocation of an existing
drainage system on Spanish Trail. Funding is available from 448-5461-538-63.90 (Storm
Water Utility Fund/Improvements/Other).
8.B. HAMLET RESIDENT HOMEOWNERS' ASSOCIATION TRAFFIC
ENFORCEMENT AGREEMENT: Approve an agreement between the City and the
Hamlet Resident Homeowners' Association allowing the Delray Beach Police
Department to enforce local and state traffic laws on its property.
8.C. AMENDMENT NO. 3/SITE LEASE AGREEMENT/AT&T: Approve
Amendment NO.3 to Water Tower Site Lease Agreement with AT&T to extend the
agreement until May 31, 2008, with the ability to renew for three (3) five-year terms and
allow AT&T to place six (6) mast head amplifiers on the water tower.
8.D. SERVICE AUTHORIZATION NO. 20/MATHEWS CONSULTING.
INC.: Approve Service Authorization No. 20 to Mathews Consulting, Inc. in the amount
of $49,715.00 for the design of the Swinton Avenue Beautification Phase II Project.
Funding is available from 119-4151-572-60.69 (Beautification Trust
Fund/Improvements/Other) .
8.E. CHANGE ORDER NO. ¡/FINAL PAYMENT/C&D
CONSTRUCTION INC.: Approve Change Order NO.1 in the amount of a $6,174.72
decrease, and final payment in the amount of $8,704.37 to C&D Construction, Inc. for
completion of the City Marina Dock and Pier Replacement Project. Funding is available
from 426-4311-575-63.90 (City Marina Fund/Repair/Maintenance/Other Improvements).
8.F. SPECIAL EVENT REQUEST/FIRST NIGHT 2005: Approve a
special event request to hold the 8th Annual First Night event on December 31, 2004 from
4:00 p.m. to midnight, granting a temporary use permit per LDR Section 2.4.6(H) for the
use and street closures of City rights-of-way and facilities as requested, to waive LDR's
section 4.6.7(D)(3)G)(ii) to allow event signage to be placed no earlier than December 7,
2004, and authorize staff support for security and traffic control, signage construction and
installation, barricade set-up/removal, trash removal and clean up, and use/set-up of City
stages as needed at no charge.
8.G. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE:
Approve and endorse the Art & Jazz on the Avenue scheduled for January 20, 2005 from
6:00 p.m. to 10:00 p.m., granting a temporary use permit per LDR Section 2.4.6(H) for
the closure of Atlantic Avenue from Swinton to N.E. ih Avenue, the south side of
Atlantic Avenue from N.E. ih Avenue to just past the Blue Anchor Pub, Railroad Drive
from Atlantic Avenue to N.E. 1st Street, N.E. 2nd Avenue from Atlantic Avenue to N.E.
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12/06/04
1 st Street, and authorize staff support for security and traffic control, banner hanging and
removal, barricade set-up/removal, trash removal and clean up.
8.H. SPECIAL EVENT REQUESTIHOW ARD ALAN 16th ANNUAL
DOWNTOWN ART FESTIVAL: Approve a special event request for the 16th Annual
Downtown Art Festival sponsored by Howard Alan Events, Ltd. to be held on January 22
and 23, 2005, granting a temporary use permit per LDR Section 2.4.6(H) for street
closure of Atlantic Avenue, east of N.E./S.E. 6th Avenue east to Salina, and Vittoro's
parking lot for vendor parking; authorize staff to apply for the FDOT street closure
permit; authorize staff support for security and traffic control, and permit an event sign to
be erected on Atlantic Avenue just east of 1-95 one week prior to the event with the
sponsor paying all overtime costs.
8.1. SPECIAL EVENT REQUESTIHOW ARD ALAN 8h ANNUAL
WINTER STREET CRAFT FESTIVAL: Approve a special event request to allow the
8th Annual Delray Beach Winter Street Craft Festival sponsored by Howard Alan Events,
Ltd. to be held on February 26-27, 2005 from 10:00 a.m. - 5:00 p.m., including a
temporary use permit per LDR Section 2.3.6(H) for street closures ofNE/SE 4th Avenue,
one block north/south of Atlantic Avenue as well as the north end of Hand's parking lot
for vendor parking and staff support for security, with the event sponsor paying all
overtime costs.
8.J. REJECTION OF BIDS/PALM TRAIL NEIGHBORHOOD WATER
MAIN IMPROVEMENTS PROJECT: Approve the rejection of all bids received for
the 2003-011 Palm Trail Neighborhood Water Main Improvements Phase 1 Project due
to insufficient funding and authorize staff to re-bid in October, 2006.
8.K. REJECTION OF BIDS/FIRE RESCUE APP ARA TUS
MAINTENANCE BUILDING PROJECT: Approve the rejection of all bids received
for the 2002-022 Fire Rescue Apparatus Maintenance Building Project, implement
revisions from value engineering, and authorize staff to re-bid in January, 2005.
8.L. CONTRACT ADDITION/CHANGE ORDER NO. l/INTEGRITY
WELL AND PUMP COMPANY: Approve a Contract Addition (Change Order No.1)
in the amount of$45,000.00 to Integrity Well and Pump Company for additional services
required by the Department of Environmental Protection (DEP) for the rehabilitation of
the Aquifer Storage and Recovery (ASR) Well Project. Funding is available from 442-
5178-536-46.90 (Water & Sewer/Renewal & Replacement Fund/Other Repair &
Maintenance).
8.M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period November 15, 2004 through December 3,2004.
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12/06/04
8.N. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Phillips Medical Systems in the amount of
$15,076.99 via the Florida SNAPS II Agreement for eight (8)
Automatic External Defibrillators (AED) for the Police
Department's patrol vehicles. Funding is available from 115-
2111-521-64.90 (Special Project Fund/Other
MachineryÆquipment ).
2. Lease award to Mears Motor Leasing in the annual amount of
$42,840.00 via the Florida Sheriffs' Association of Counties Bid
#04-12-0823 for the lease of six (6) police vehicles to support the
Police Department's undercover operation. Funding is available
from 001-2115-521-44.40 (Police Department Vehicles/
Rental/Lease).
3. Purchase award to Exeter Architectural Products in the amount of
$43,815.77 via the State of Florida Statewide Purchasing
Subsystems (SPURS) Agreement #1502177-4 for the purchase and
installation of Storm Shield Hurricane Barriers to thirty-five (35)
openings on the first floor of Police Department Headquarters.
Funding is available from 334-6111-519-62.10 (General
Construction Fund/Buildings).
4. Purchase award to Cantway Trailer in the amount of $23,950.00 to
convert ten (10) of the recently purchased Skid Mounted
Generators to portable. Funding is available from 441-5161-536-
64.90 (Water/Sewer Fund/Capital Outlay/ Other Machinery and
Equipment).
5. Contract award to Murray Logan Construction, Inc. in the amount
of $19,000.00 via the Northern Palm Beach County Water Control
District Contract for rehabilitation of Lift Station 14. Funding is
available from 442-5178-536-46.90 (Water/Sewer/Renewal and
Replacement Fund/Other Repair/ Maintenance).
6. Bid award to American Lighting Maintenance, Inc. in the amount
of $28,721.00 for parking lot lights for Miller Park.
Mr. Levinson moved to approve the Consent Agenda, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes;
Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 9.B. of the Regular Agenda.
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12/06/04
9.
REGULAR AGENDA:
9.B. ADOPTION OF THE OSCEOLA PARK REDEVELOPMENT
PLAN: Consider approval and adoption of the Osceola Park Redevelopment Plan.
Ron Hoggard, Senior Planner stated Osceola Park is primarily 57% single-
family (325 single-family units) and gave a brief overview of the Osceola Park
Redevelopment Plan.
On October 14, 2004, and November 4, 2004, the Osceola Park
Neighborhood meetings were held to discuss the Plan with residents within the area. The
residents who attended the meetings were generally supportive of the planning effort. At
its meeting of November 11, 2004, the Community Redevelopment Agency (CRA)
reviewed the proposed Plan and the Board recommended adoption of the Plan. The
Downtown Development Authority (DDA) reviewed the proposed Plan at its meeting of
November 8, 2004, and the Board recommended adoption of the Plan. At its meeting of
November 15, 2004, the Planning and Zoning Board reviewed the proposed Plan and
several property owners in the area spoke in favor of the Plan, but there was some
discussion concerning paving of the alleys. A resident felt paving the alleys would
generate noise, traffic and crime, and would create drainage problems.
Ms. McCarthy stated the lighting is imperative in order to get a majority of
the people to embrace this. Mr. Hoggard stated staff will try and work with the Police
Department on this issue.
Mrs. Archer stated she understands the City has had difficulty finding a
Rental Code Enforcement Officer and suggested that it may be easier to transfer an in-
house staff person to that position and hire a new Code Enforcement Officer.
Prior to the vote, Mayor Perlman stated if a representative from the
community would like to address the Commission, to come forward at this time.
Gail Lee McDermott, 721 S.E. 3rd Avenue, Delray Beach (President of the
Osceola Park Neighborhood Association), stated they have been trying to make this
happen for the past nine years and their number one priority is traffic calming then crime.
She stated she was recently appointed to the Weed & Seed Board and they are all
working on handling the difficulties in the neighborhood.
Mr. Costin moved to adopt the Osceola Park Redevelopment Plan by
adopting the findings of fact and law contained in the staff report and finding that the
request is consistent with the Comprehensive Plan, 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.
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12/06/04
9.C. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION/INTRACOASTAL PARK: Consider an appeal of the Site Plan Review
and Appearance Board's action associated with a Class V site plan, landscape plan, and
architectural elevations for Intracoastal Park, located on the east side of South Federal
Highway, approximately 1,325 feet north of Linton 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. Mr. Levinson stated he had no new ex parte communications to
disclose. Ms. McCarthy, Mr. Costin, and Mrs. Archer had no ex parte communications to
disclose. Mayor Perlman stated he has nothing to disclose since the last number of prior
emails.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning project file #2004-280 into the record.
Mr. Dorling stated at its meeting of November 10, 2004, the Site Plan
Review and Appearance Board (SPRAB) approved with conditions (5-0, Nancy Stewart
and Dan Carter absent) a Class V site plan, landscape plan and architectural elevations
associated with the development of a passive conservation area with two accessory boat
ramps and a 411 square foot restroom facility, parking areas and landscaping. Among the
conditions of approval was a requirement that a combination of landscaping and partial
wall system be provided along the south property line in place of the chain link fence
with the type of wall system to be determined by staff and the City Horticulturist. It is
noted that this condition of approval differs from that originally proposed by staff in the
associated staff report, which stated: that a six foot (6') to eight foot (8') high masonry
wall is provided along the south property line in place of the proposed chain link fence.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of the appeal, to come forward at this time.
Stanley Scharf, 1 Harbourside Drive #3405, Delray Beach, stated the
number one concern of the Harbourside residents is security and the second concern is
aesthetics and the wall is what they would like to have. Mr. Scharf stated SPRAB
recommended a wall not a chain link fence and urged the Commission to support the
Harbourside residents on this issue.
Lenny Streeto, 1 Harbourside Drive #3405, Delray Beach, stated the
Harbourside residents would like to see an eight foot concrete wall in length installed.
Yvonne Google, 1 Harbourside Drive #4701, Delray Beach, stated she had
the opportunity to discuss the landscaping plan with the master gardener and with regard
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12/06/04
to the cocoplum hedge that was recommended, he advised that there is a great deal of
problem of scale and is very much prone to disease. He suggested that a native plant
such as Simpson stopper or Jamaica caper be used instead.
There being no one else from the public who wished to address the
Commission regarding the appeal, the public hearing was closed.
Mr. Levinson moved to uphold the Site Plan Review and Appearance
Board's (SPRAB) approval of the Class V site plan, landscape plan and architectural
elevations for Intracoastal Park based upon 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 Section 2.4.5(F)(5) and Chapter 3 of
the Land Development Regulations, subject to the modification of site plan condition of
approval #5 to state: that a combination of landscaping and a six foot (6') to eight foot
(8') high continuous wall is provided along the south property line in place of the chain
link fence with the type of wall system to be determined by staff and the Harbourside
Condominium Association, seconded by Mrs. Archer. Upon roll call the Commission
voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 7:05 p.m., the Commission moved to the
duly advertised Public Hearings portion of the Agenda.
10.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 68-04 (FIRST READING/FIRST PUBLIC
HEARING): Privately initiated amendment to the Land Development Regulations
(LDR), 4.4.3, "Single Family Residential (R-l) Districts", Article 4.5, "Overlay and
Environmental Management Districts" and Section 2.4.3(K), "Fees", relating to the
creation of Design Guidelines in order to maintain the character of the North
Beach/Seagate and Ocean Neighborhood Overlay District Areas by regulating proposed
massing and scale of structure. If passed, a second public hearing will be scheduled for
January 4,2005.
The caption of Ordinance No. 68-04 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 SECTION 2.4.3(K), "FEES";
AMENDING SECTION 4.4.3, "SINGLE FAMILY
RESIDENTIAL (R-l) DISTRICTS"; AMENDING
ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL
MANAGEMENT DISTRICTS", BY ENACTING A
NEW SECTION 4.5.12, "NORTH BEACH/SEAGATE
AND OCEAN NEIGHBORHOOD OVERLAY
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12/06/04
DISTRICTS", 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. 68-04 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Del ray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated these proposed
amendments have been initiated by the Beach Property Owners' Association (BPOA) and
the related design manual was prompted by residents concerned about the adverse effect
development trends could have on the character of their neighborhoods. These trends
include demolition of existing dwellings, and construction of newer homes or additions to
existing homes that are much larger than, and inconsistent with, the existing
neighborhood character. Two overlay districts will be created: The North Beach/Seagate
District and the Ocean Neighborhood District. Small-scale renovations would not trigger
the proposed guidelines. Additions/renovations which exceed 50% of the square footage
of the existing structure would trigger the design guidelines. If the new
addition/renovation is greater than 50%, but less than 75% of the existing square footage,
it would be considered a "major renovation", and would follow the proposed rules. There
is nothing in the proposed guidelines that would limit anyone from making exterior
changes to an existing home. Additional requirements include a lot coverage
requirement, an increase in the open space requirement, and a 10 foot increase in the
front building setback for multi-story structures with a 5 foot increase for side and rear
building setbacks. There are also some incentives for multi-story structures with rear
attached or detached garages. 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.
At its meeting of November 15, 2004, the Planning and Zoning Board held
a public hearing regarding the proposed text amendment. The majority of the public
testimony supported the proposal (15 residents) with 3 residents in favor of the proposed
amendment with some changes to allow flexibility. After discussing the amendment, the
Board voted 6-0 (Kincaide absent) to recommend approval.
Mayor Perlman declared the public hearing open.
Cary Glickstein, 1118 Waterway Lane, Delray Beach, Trustee of the
Beach Property Owners' Association (BPOA) and member of the Design Guidelines
Task Force, gave a brief summary of the accomplishments of the Design Guidelines Task
Force.
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12/06/04
Rita Ellis, 512 Andrews Avenue, Delray Beach (Chairperson of the
Design Guidelines Task Force), stated the Task force has worked for approximately
eighteen months to develop the design guidelines. She stated this was paid for in very
small funds by many people and open to the public. She urged the Commission to
support this ordinance.
Bernie Dahlem, 622 Seasage Drive, Delray Beach, stated he spent most of
his life designing and developing property and is familiar with Codes and Land Use
regulations. Mr. Dahlem stated he is opposed to bureaucratic layering of more
involvement to get permits to develop property.
Mike Cruz, 1510 N. Swinton Avenue, Delray Beach (president of the
Lake Ida Homeowners' Property Association) urged the Commission to approve this
ordinance and stated his neighborhood is experiencing some similar things as the beach
area in terms of properties being changed over and some designs not initially expected to
go into this area.
Tom Carney, 1219 Vista Del Mar Drive, Delray Beach, stated this is a
great program for the neighborhood and commended Cary Glickstein and the Design
Guidelines Task Force for a well thought out proposal. Mr. Carney urged the
Commission to support this ordinance.
Patsy Westall, 1102 Seaspray Avenue, Delray Beach, stated she was part
of the Design Guidelines Task Force and briefly discussed the process that the Design
Guidelines Task Force has gone through. She stated she personally placed flyers in
mailboxes in both the Seagate and North Beach areas and noted there have been
numerous public hearings. She stated this is not about stopping people from building big
houses but that people build in a tasteful manner.
Jan C. Hansen, 1221 Laing Street, Delray Beach, stated the intent is to
raise the bar of the redevelopment of the neighborhood and be sure that these design
guidelines will at least set the standard and vision of the community they are trying to
become and to make sure no one loses site through massing and scale deficiencies of
what a neighborhood and community is. Mr. Hanson stated by this being properly
implemented this will become a template for the redevelopment of all the neighborhoods
in the community.
Jim Zengage, 1223 Sandoway Lane, Delray Beach, stated he is a local
builder and developer and this is the best thing he has seen in twenty years. Mr. Zengage
urged the Commission to support the ordinance.
Anita Casey, 1003 Beach Drive, Delray Beach, stated she moved to the
City of Delray Beach because of its charm, small homes, and beautiful landscaped
homes. She stated it is a tragedy to see what's happening to her neighborhood and urged
the Commission to support the design guidelines.
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12/06/04
Gary Eliopoulos, local architect, stated he was on the Design Guidelines
Task Force and on "mansionization" in 1996. He stated the people support the ordinance
and paid for it. He urged the Commission to support the ordinance.
Elaine Morris, 1046 Melaleuca Road, Delray Beach, stated she loves her
home. However, things are becoming obsolete about it. She stated her home is one of
many single story homes and appreciates the time City staff has spent with her. Mrs.
Morris stated that architects and builders are in favor of it because of renovations,
additions, etc. She suggested that there be more flexibility when it comes to an addition
or renovation that will keep the character of the neighborhood; otherwise, she is in
support of the ordinance.
Stacey Winick, 328 Andrews Avenue, Delray Beach, strongly urged the
Commission to support the design guidelines and keep the quality of what Delray Beach
currently has.
Kathy Fazio, 1118 Harbor Drive, Delray Beach, strongly urged the
Commission to support this ordinance.
Linda Lake, 1111 Thomas Street, Delray Beach, stated she is a member of
the Historic Preservation Board (HPB), a realtor and a member of the Design Guidelines
Task Force. She stated there is unanimous support of the neighbors to urge the
Commission to support the ordinance and approve the guidelines.
Wendy Overton, 2525 Pelican Lane, Gulf Stream, stated she too is a part
of the Task Force for the design guidelines and everyone has worked very hard to come
up with a great plan. She urged the Commission to support the ordinance because the
integrity and character of the neighborhood will be kept yet the property values will
Increase.
Jo Ann Peart, 107 N.W. 9th Street, Delray Beach, serves on the Board for
Lake Ida Property Owners' Association, stated that Delray Beach has been so successful
in attracting people and development that she feels we need to be careful that the
development is favorable. She stated she supports the ordinance and is looking forward
to seeing the results of this and seeing where we can apply it to the houses in the area
especially the ones that are not protected by historic designation or other means.
Laura Finn, 411 Andrews Avenue, Delray Beach, wholeheartedly supports
this ordinance.
Charles "Kap" Rucquoi, 300 Sandpiper Lane, Delray Beach, stated he
supports the ordinance because it keeps the flavor for not only the neighborhood but for
the City itself.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 68-04, the public hearing was closed.
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12/06/04
Prior to the vote, Mr. Levinson stated he went back to his archives in his
first campaign piece and found his four items and the first item was an update to the
Comprehensive Plan that adds individual neighborhood overlay plans to provide unique
accommodations for neighborhoods. He stated the Commission as a whole has done more
in the last 4-5 years focusing on neighborhoods. However, he expressed some concern
over the Beachfront Ocean District. He feels it is unique in that he is not sure it has the
character of the homes that are on the west side of A-I-A.
Mayor Perlman stated he is very proud of the BPOA for taking the lead on
this issue and for doing a spectacular job. He stated as important as this is for the beach
area he is very excited about the impact this will have citywide.
Mr. Costin congratulated everyone for their hard work.
Mrs. Archer concurred with comments expressed by Mayor Perlman and
Mr. Costin.
Mr. Costin moved to approve Ordinance No. 68-04 on First Reading/First
Public Hearing, 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.
10.B. ORDINANCE NO. 66-04 (SECOND READING/SECOND 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
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. Prior
to consideration of passage of Ordinance No. 66-04 on Second Reading/Second Public
Hearing, 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 FAMILY/WORKFORCE
HOUSING; AMENDING 4.4.6, "MEDIUM DENSITY
RESIDENTIAL (RM) DISTRICT" BY ENACTING
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12/06/04
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 of the City of Del ray Beach, Florida.
The City Attorney stated there are some changes to some language of the
ordinance and on page 14 Section 4.7.9 (General Provisions) suggested by the Planning
and Zoning staff. The City Attorney suggested that a few more words be added to the
following paragraph: "If not located offsite, all workforce housing units constructed or
rehabilitated under this program shall be situated within the development so as not to be
in less desirable locations than market-rate units in the development and shall, on
average, be no less accessible to public amenities, such as open space, as the market-rate
units." The City Attorney also made clarification and noted additional language to
Section 4.7. 9(b) - ( General Provisions) "Workforce housing units shall be integrated with
the rest of the development and if located within the market rate units or if located offsite
shall be compatible in exterior design, appearance, construction and quality of materials
and contain comparable HV AC systems and appliances with market rate units and
provide them as standard features."
Paul Dorling, Director of Planning and Zoning, stated this is the creation
of three overlay districts in which density bonuses are awarded for the provision of
workforce housing in the very low, low, and moderate category. These three districts
will include the Southwest Neighborhood Overlay District, the Southwest 10th Street
Overlay District, and the Carver Estates Overlay District. In the Southwest
Neighborhood Overlay District this will allow an additional density above 12 units to the
acre to a maximum of 24 units to the acre based upon the provision of this workforce
housing units. The bonus will vary based upon the affordability, home size and the
ownership versus rental component while greater bonuses will be allotted for very low
versus low or moderate, for larger homes (4 bedroom rather than 3 bedroom), and for
ownership units rather than rental units. The workforce housing units can be integrated
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12/06/04
into the project itself or provided offsite within the Delray Beach Community
Development Block Grant (CDBG) area. Mr. Dorling stated in addition to providing
workforce housing units there is also an option that bonus units can be awarded by
contributing to a housing trust fund ($60,000 per bonus unit) or by donating land
(buildable lots) to provide affordable housing. 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. In each district, all
workforce housing units are to be compatible in exterior design, appearance, construction
and quality of materials and contain comparable HV AC systems and appliances with the
market units. Further, the developer shall endeavor to provide workforce housing units
that include unit types in the same proportion as the market rate 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.
At its meeting of November 11, 2004, the Community Redevelopment
Agency (CRA) reviewed the LDR amendment and unanimously recommended approval.
At its meeting of November 10, 2004, the West Atlantic Avenue Redevelopment
Coalition (W ARC) unanimously recommended approval of the amendment. On
November 8, 2004, a public meeting was held at Old School Square and while the
attendance was light there was overwhelming support for the ordinance.
Joe Gray gave a brief Power Point presentation regarding workforce
housing and stated it is important to note that this ordinance is a product of the
community.
Mayor Perlman declared the public hearing open.
Gerry Franciosa, 939 Eve Street, Delray Beach speaking on behalf of
Progressive Residents of Delray (PROD), stated PROD wholeheartedly endorses this
concept. He commended everyone who worked on this ordinance and urged the
Commission to approve.
Leslie Horenburger, 510 N. Swinton Avenue, Delray Beach, stated she has
been very interested in affordable housing in this community for a long time and served
on the Affordable Housing Task Force many years ago. She commented that the people
who work in Delray cannot afford to live here and feels this ordinance is very valuable.
Mrs. Horenburger inquired about the density units and market rate that a builder can have
and asked if this only applies to the overlay districts. Mr. Gray stated the density of the
market rate is within the overlay districts.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 66-04, the public hearing was closed.
Prior to the vote, Ms. McCarthy stated with regard to the integrated
affordable workforce housing, she asked if there has been any dialog about the
integration so that they are not just clustered in one area. In response, Mr. Gray stated the
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12/06/04
affordable units are in proportion to the market rate units on the site. He stated the
affordable units have to be consistent both in terms of the number and proportion as well
as the styling. Ms. McCarthy stated she wants to understand the intent of the verbiage.
Mayor Perlman thanked staff for doing a tremendous job and stated this is
the biggest issue in South Florida and he feels with this ordinance Delray Beach takes a
lead on important public policy initiative in that we are doing something that is very
unique, innovative and entrepreneurial. He stated his challenge is to expand this and look
at other areas of the City. Furthermore, Mayor Perlman stated he feels Delray has done
much more than other cities in this realm with projects like Bexley Park which he
believes is a tremendous success.
Mr. Gray echoed comments expressed by Mayor Perlman in commending
staff in particular the Planning and Zoning staff, the Community Improvement staff and
the City Attorney for the way they worked with the community to make this happen.
Mr. Levinson stated in the last couple of weeks he has been approached at
the School Board, the Regional Business Alliance and the League of Cities from people
who have heard about this workforce housing ordinance and are very excited. He
concurs with comments expressed by Mayor Perlman that the City of Delray Beach has
led the way on this.
Mrs. Archer moved to adopt Ordinance No. 66-04 on Second
Reading/Second Public Hearing, seconded by Mr. Costin. Upon roll call the Commission
voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote.
10.C. 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 South Swinton Avenue and S.W. 10th Street Prior to consideration of
passage of Ordinance No. 60-04 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. 60-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED R-I-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
SOUTH SWINTON AVENUE, AS MORE
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12/06/04
P ARTICULARL Y 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 of the ordinance. A quasi-judicial
hearing was held having been legally advertised in compliance with the laws of the State
of Florida and the Charter of the City of Del ray Beach, Florida.
Ms. McCarthy declared a conflict of interest and stepped down from the
dais.
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. Mr. Levinson stated he has no new ex parte communications. Mayor
Perlman and Ms. McCarthy had no ex parte communications to disclose. Mr. Costin
stated he received a telephone call from Mr. Weiner but had no discussion. Mrs. Archer
stated she too received a telephone call from Mr. Weiner on this item not the previous
quasi-judicial item.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2004-081 into the record.
Mr. Dorling stated at its meeting of May 17, 2004, the Planning and
Zoning Board held a public hearing in conjunction with a related Future Land Use Map
(FLUM) amendment from Low Density Residential to Medium Density Residential
(MD) and a rezoning request from R-I-A and CF to RM-I0 for the subject property. The
Board voted 3-1 to recommend that the requests be denied based upon inconsistencies
with Future Land Use Element Objective A-I, Future Land Use Element Policies A-1.7
and C-1.7, and Housing Element Policy A-12.3 of the Comprehensive Plan as well as not
meeting the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2. of the LDR's. At its
meeting of June 8, 2004, the City Commission recommended forwarding to the
Department of Community Affairs (DCA) with direction that the applicant address
concerns related to the density and affordable housing with staff. The developer and City
staff has worked diligently over the last few months and noted this was a component of
the workforce housing ordinance the Commission passed this evening. At its meeting of
October 18, 2004, the Planning and Zoning Board voted 5-0 (Krall absent, Pike stepped
down) to recommend that the request be approved. At its meeting of October 19, 2004,
the City Commission considered the revised zoning request of RM on first reading and
deferred the ordinance with direction to staff to bring back as part of this packet. Given
the voluntary commitment to provide workforce housing in this project, the required
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12/06/04
findings of consistency can be made at this time with respect to the Comprehensive Plan
as well as the Southwest Area Neighborhood Plan. Therefore, staff recommends
approval of the request.
Michael Weiner, Weiner & Aronson, P.A., representing Balestrieri
Development Corporation (owner/applicant), stated substantial competent evidence has
been presented by staff with respect to all of the requirements for a rezoning in the City
of Delray Beach. Mr. Weiner thanked staff and the applicant for getting this moving in a
short period of time.
Prior to the vote, Mayor Perlman commended staff for expediting this
along and stated he is very excited about this project.
Mr. Levinson moved to adopt Ordinance No. 60-04 on Second and FINAL
Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows:
Mr. Levinson - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes.
Said motion passed with a 4 to 0 vote.
10.D. 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 a/kla Tire Kingdom). Prior to consideration
of passage of Ordinance No. 65-04 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. 65-04 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 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;
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12/06/04
PROVIDING FOR THE ZONING THEREOF TO AC
(AUTOMOTIVE COMMERCIAL) DISTRICT;
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE 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. A quasi-judicial
hearing was held having been legally advertised in compliance with the laws of the State
of Florida and the Charter of the City of Del ray Beach, Florida.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. No ex parte communications were disclosed.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2004-393 and #2004-394 into the record.
Mr. Dorling stated this is a land use amendment from the County
designation ofLR-3 (Low Residential 3 du/ac) to GC (General Commercial) and to apply
an initial zoning upon annexation of City automotive commercial designation. The
property is located within the City's Planning Area (Future Annexation Area) and the
owner is seeking voluntary annexation at this time. The subject property consists of a tire
store and automobile repair facility.
At its meeting of November 15, 2004, the Planning and Zoning Board
considered the request. After significant discussion, the Board voted 6-0 to recommend
approval of this request. Staff is recommending that the property be annexed subject to
those original conditions of approval that were established in 1985.
Mr. Costin moved to adopt Ordinance No. 65-04 on Second and FINAL
Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said
motion passed with a 4 to 0 vote.
10.E. ORDINANCE NO. 72-04 (FIRST READING/FIRST PUBLIC
HEARING): An ordinance designating the west side of North Swinton Avenue, located
between Trinity Lutheran Church and the north side of N.W. 1 ih Street, to the Local
Register of Historic Places. If passed, a second public hearing will be scheduled for
January 4, 2005. Prior to consideration of passage of Ordinance No. 72-04 on First
ReadingIFirst Public Hearing, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 72-04 is as follows:
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12/06/04
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
DESIGNATING AN AREA IN SECTION 8,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY FLORIDA, LOCATED ON THE
WEST SIDE OF NORTH SWINTON AVENUE,
BETWEEN TRINITY LUTHERAN CHURCH AND
THE NORTH SIDE OF NW 17TH STREET
(NORTHWEST SWINTON AVENUE HISTORIC
DISTRICT) AS AN HISTORIC PRESERVATION
DISTRICT; AS MORE P ARTICULARL Y
DESCRIBED HEREIN, PROVIDING FOR THE
AMENDMENT OF THE "ZONING MAP OF
DELRAY BEACH, FLORIDA, JULY 2004";
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 72-04 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Del ray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated the Southwest
Swinton area is being considered for a designation as a historic district under criteria
listed in the LDR's Section 4.5.1(B)(3) and Section 4.5.1.(C). In March 2004, staff
discussed the possibilities of creating a new historic district on the west side of North
Swinton Avenue with the Historic Preservation Board (HPB), based upon the findings of
the Historic Resources Survey (Phase II). At its meeting of August 18,2004, the HPB set
a public hearing date of October 6, 2004, to discuss the proposed historic district and
provide a recommendation to the City Commission. While some members of the public
spoke in favor of the proposed historic district designation, several members of the public
spoke against the designation citing concerns over homeowner's insurance availability
and costs, the perceived advantages and disadvantages of the designation, the disparity
between contributing and noncontributing structures, and the boundaries of the proposed
historic district. The Board postponed the item to their meeting of November 3, 2004.
At that time, the Board asked that staff look at reducing an area of that district to increase
the non-contributing versus contributing structures that would have been covered by that
district. The Board did not support the expanded version; however, did approve
alternative #2. The alternative #2 will consist of 37 properties; 12 of those would be
considered non-contributing and 25 would be contributing. The contributing properties
represent 67.56% of the modified historic district, which is a significant increase upon the
38.96% as proposed with the original boundaries.
Mayor Perlman declared the public hearing open.
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12/06/04
Leslie Horenburger, 510 N. Swinton Avenue, Delray Beach, stated she is
speaking on behalf of approximately twenty people who live in these homes and are
opposed to this ordinance. She submitted a list of signatures of those individuals who are
opposed to the designation of the Northwest Swinton Avenue Historic District. Mrs.
Horenburger stated the threat of additional restrictions as a property owner on North
Swinton has prompted her and a neighbor to canvass their North Swinton neighbors for
their input on this proposal. Mrs. Horenburger asked why this is acceptable for some
people to move houses and benefit from their investment and not others. Most of the
neighbors agree that some controls may be needed to curve uncharacteristic development.
She suggested that there is another more acceptable avenue that all are willing to explore
in an effort to maintain of what remains of the charm of the city that many called home
when it was truly a "village-by-the-sea". Mrs. Horenburger stated this is a citywide issue
and needs to be addressed on a broader scale and she looks forward to working toward an
equitable solution to this situation.
Andrea Harden, 516 N. Swinton Avenue, Delray Beach, strongly supports
the historic district and stated Swinton Avenue is unique. She stated Swinton Avenue is
not far behind what the beach property owners are going through. Mrs. Harden stated
these homes on Swinton Avenue are historic and if something is not done soon Swinton
Avenue will no longer be recognized as a historic district.
Mike Cruz, 1510 N. Swinton Avenue, Delray Beach, supports ordinance
and is in favor of preserving the character of the neighborhood; however, he expressed
concern that since there are no building codes that really restrict what can go on that
property, the only thing that could be done would be the historic designation or an
overlay like what the beach property owners have brought before the Commission. Mr.
Cruz expressed concern over his insurance, etc.
Jo Ann Peart, 107 N.W. 9th Street, Delray Beach, stated her home was in
the proposed historic district until recently. She expressed concern that the biggest
problem with passing these districts is the Historic Preservation Planner got the ball
rolling on the districts and then left employment with the City. Therefore, Mrs. Peart
stated for many weeks there has been no Historic Preservation Planner and rumors and
misinformation have gone wild throughout the community. Mrs. Peart stated if Swinton
Avenue loses its unique historic charm it will just become another busy and noisy street.
Christie Mularz, 902 N. Swinton Avenue, Delray Beach, stated she has
done some research on the internet and the economic impact on properties located in
historic districts appreciated greater than non-historic comparison neighborhoods. She is
currently in favor of the historic designation; however, expressed concern that some of
the larger properties could be subdivided and sold for the use of several homes.
Joseph Ferrer, 1420 N. Swinton Avenue, Delray Beach, strongly opposes
the ordinance primarily because of the inconsistency in the presentations made by staff
and the Historic Preservation Board (HPB). He suggested that if a street is going to be
historic then the churches in the neighborhood need to be included in the historic district
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12/06/04
along with homes on both sides of the street. Mr. Ferrer suggested that there be more
input and involvement from the neighborhood.
Erol Tuzcu, 1634 N. Swinton Avenue, Delray Beach, reiterated comments
expressed by Leslie Horenburger and stated he strongly opposes this ordinance. He
stated the property has appreciated without the designation of historic and does not feel
the property owners who live on Swinton Avenue should be penalized with restrictions.
Carolyn Patton, 1020 Tamarind Road, Delray Beach, strongly supports the
designation in the Swinton historic district. She stated although she does not live in the
Swinton Avenue historic district she owns property in the marina historic district which
was declared historic in 1989 in Delray Beach. Mrs. Patton stated her property rights
have been protected and the property values have appreciated tremendously. She
inquired as to what the logic is of having the other area along Swinton Avenue designated
historic and not having these properties designated historic.
Gary Eliopoulos, 314 N.W. ih Street, Delray Beach, stated he was
involved of the relocation of the property located at 508 N. Swinton Avenue and
suggested that there be a way to find out what it costs to save these homes. He stated
even in a historic district you cannot theoretically stop a house from getting demolished
or relocated but you can slow down the process.
Lourie Albanese, 455 Andrews Avenue, Delray Beach, stated she moved
the 1,700 square foot home built in 1937 from 508 N. Swinton Avenue. She stated the
home was in need of much repair and one-third of the original home was on the original
concrete patio with a flat roof and termite damage. Mrs. Albanese stated she had no
Board telling her she had to save it; it was a natural response to save it because of its
character and because a great value was placed on the purchase price of the home. She
stated without regulation people do the right thing and she is doing what the Commission
is hoping everyone would do. She opposes the historic designation because of the
rapidness of how it has come about and the lack of community involvement. She
suggested that if an individual owns a historic home that they should seek the historic
designation as the homeowner not as an entire district.
Thomas Burrows, 1310 N. Swinton Avenue, Delray Beach, stated he
moved to Swinton Avenue in 1976. He stated it takes approximately ten minutes for him
to back out of his driveway because of the traffic and emphasized that traffic is a problem
on Swinton Avenue.
Deborah Dowd, 7 N.E. 16th Court, Delray Beach, stated she had the
pleasure of working with several people in the audience obtaining grants for the Swinton
Avenue Beautification. She stated many people worked very hard in the redevelopment
of Swinton Avenue and had the fortunate experience of going to Tampa in March 1993
for the All-America City. She stated some of the components that won the City the All-
America City award were the Old School Square redevelopment, Doc's, diversity of the
community and the redevelopments through the neighborhood associations. Seacrest
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12/06/04
formed an association in 1992 and Swinton had redeveloped because of the input of all
the people in the City. Now the CRA, Chamber of Commerce, and urban studies
throughout the Country have been studying historic Delray and its redevelopment. She
stated she feels it is time that we gave historic Swinton Avenue the designation that it
deserves (preservation).
Robert Toth, 1010 Hibiscus Lane, Delray Beach, stated it is important to
remember that it is the property rights of the people who own the homes and the majority
of the people who live in this area are against it. Mr. Toth stated he does not feel it is up
to a Board or Politician to decide what the use is of someone' s property.
Richard Machek, 17 N.W. 16th Street, Delray Beach, stated he is opposed
to the historic designation and noted he does not have a home that is designated historic.
He suggested that a similar thing be done as like was done for the beach property owners
and do an overlay and place deed restrictions to limit how much can be placed on an
existing lot and so that the homes cannot be torn down, etc. Mr. Machek suggested that
the City talk to the people and think of other alternatives to make this better.
Ann Koplas, 1115 N. Swinton Avenue, Delray Beach strongly opposes the
historic designation and urged the Commission to find a better way to accommodate
everyone's wants and needs. Mrs. Koplas stated she supports the character of the entire
Swinton Avenue community but not in this fashion.
For clarification purposes, the City Manager stated this was on staffs list
of things to do for several months and was not triggered by the move of the house. He
expressed concern over the individual listings and stated people who have their individual
home listed and an ultra modern character home is built right next to it then it loses the
context of it.
Prior to the vote, Mr. Costin stated in his opinion he does not feel the City
can impose historic districts without the overwhelming support of the people that are
involved. He stated that this is a prime candidate for design guideline consideration.
Mayor Perlman stated if there are no design guidelines in place there is
nothing the City can do legally to prevent these things from happening. He stated
although we would like to think that people will respect the character and integrity of the
street, reality is sometimes different and all it takes is a few houses to destroy the
character of the neighborhood. He stated there seems to be a very strong consensus about
wanting to do something to help maintain the character of the street. Mayor Perlman
stated Swinton Avenue needs to be protected because he feels the City has a
responsibility to preserve it while also preserving property rights.
Mr. Levinson stated he will not support the historic designation; however,
he would like see the City go back to Seacrest and Lake Ida and ask them to get involved
in the process not just for Swinton but for the other areas because there are many homes
which require maintenance of character.
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12/06/04
Mrs. Archer stated she is saddened to know that there are so many people
that want to preserve what they have but are not willing to do it. She does not believe
that the City should have a historic district in this area if the majority of the homeowners'
are not interested in doing so. However, she encouraged everyone to not let this drop
because if we do not come up with some kind of guidelines that are generated from the
community, she feels this portion of Delray will be lost.
Ms. McCarthy echoed comments of Commissioner Archer and stated she
cannot support this as it is at this time. She encouraged the neighborhood to get together
and come to a consensus because she stated this is one of the significant streets in Delray
Beach. If a historic designation is significant then it needs to be something that the
people who live in the dwellings feel that passionate about as well and be willing to
address it.
Mr. Costin moved to approve Ordinance No. 72-04 on First Reading/First
Public Hearing, seconded by Mr. Levinson. Upon roll call the Commission voted as
follows: Mayor Perlman - No; Mr. Costin - No; Mrs. Archer - No; Mr. Levinson - No;
Ms. McCarthy - No. Said motion was DENIED with a 5 to 0 vote.
10.F. ORDINANCE NO. 67-04 (FIRST READING/FIRST PUBLIC
HEARING): City initiated amendment to Land Development Regulations (LDR),
4.3.4(1)(4), "Increases to Height Regulations" to limit the area in the CBD (Central
Business District) available for an increase in height and to modify the criteria which
must be met to support an increase in height in all areas where increases in height are
allowed. Ifpassed, a second public hearing will be scheduled for January 4,2005. Prior
to consideration of passage of this Ordinance No. 67-04 on First ReadingIFirst Public
Reading, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 67-04 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 SECTION 4.3.4, "BASE DISTRICT
DEVELOPMENT STANDARDS", SUBSECTION
(1)(4), "INCREASES TO HEIGHT REGULATIONS",
TO LIMIT THE AREA IN THE CBD AVAILABLE
FOR AN INCREASE IN HEIGHT AND TO MODIFY
THE CRITERIA WHICH MUST BE MET TO
SUPPORT AN INCREASE IN HEIGHT; PROVIDING
A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 67-04 is on file in the City Clerk's
office. )
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12/06/04
At this point, Mrs. Archer returned to the dais.
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Del ray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated the proposed
amendment will further enhance the recent amendment to the OS SHAD zoning district
by creating 150 feet buffer that will allow an increase in height (between 48 feet and 60
feet) where property zoned CBD abuts a zoning district having a maximum height of 35
feet. The proposal is to eliminate the criterion that states that "a demonstrable need that,
in order to accommodate the nature of a particular use or a particular matter or type of
construction, a greater than normal space between floors or height of story is necessary."
However, the proposal does include the following additional criteria: (1) That workforce
housing is provided within the development in a manner consistent with the provisions of
Chapter 4.7.5(a) and (d); and, (2) That a minimum of 50% of the ground floor building
frontage consist of nonresidential uses (excluding parking).
At its meeting of November 15, 2004, the Planning and Zoning Board held
a public hearing regarding the proposed text amendment. There was no public testimony
regarding the proposal and after discussing the amendment, the Board voted 6-0
(Kincaide absent) to recommend approval of the proposed amendment.
Mayor Perlman declared the public hearing open.
Michael Weiner, Weiner & Aronson, P.A., representing the applicant,
stated landowners are particularly interested in this ordinance because this ordinance will
be changing approximately fifty acres of land. Mr. Weiner suggested that the City
Commission have a Workshop on this item and not go forward with the first reading
because he feels this is too fast and too soon.
At this point, Mr. Levinson and Mrs. Archer stepped down from the dais.
Alice Finst, 707 Place Tavant, Delray Beach, suggested that the City look
at properties adjacent to the hatched area and commented that most of these properties are
single-family (one-story; possibly two-stories high). She feels these properties need
protection and suggested that the City look into what needs to be done to preserve the
community.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 67-04, the public hearing was closed.
Mr. Costin moved to approve Ordinance No. 67-04 on First Reading/First
Public Hearing, seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Mr. Costin - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion
passed with a 3 to 0 vote.
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12/06/04
10.G. ORDINANCE NO. 71-04 (FIRST READING/FIRST PUBLIC
HEARING): An ordinance designating The DeWitt Estate, 1110 North Swinton
Avenue, located between N.W. 11th Street and N.W. lih Street on the west side of North
Swinton Avenue, to the Local Register of Historic Places. If passed, a second public
hearing will be scheduled for January 4, 2005. Prior to consideration of passage of
Ordinance No. 71-04 on Second and FINAL Reading, a public hearing has been
scheduled to be held at this time.
The caption of Ordinance No. 71-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
DESIGNATING THE DEWITT ESTATE, LOCATED
AT 1110 NORTH SWINTON AVENUE, AS MORE
PARTICULARL Y DESCRIBED HEREIN, AS A
LOCAL HISTORIC SITE; PROVIDING FOR THE
AMENDMENT OF THE "ZONING MAP OF
DELRAY BEACH, FLORIDA, mLY, 2004";
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 71-04 is on file in the City Clerk's
office. )
At this point, Mrs. Archer returned to the dais.
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Del ray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this is a house
designed by Gustav Mass in what was termed as a "Virginia Colonial Farmhouse Style".
In 1936 the property was built for Marshall and Jeanette Butts DeWitt. The DeWitt's
made several contributions to Delray Beach. The residence located at 1110 North
Swinton Avenue is being considered for listing in the Local Register of Historic Places
for historical significance under the criteria listed in the LDR's Sections 4.5. 1 (B)(2)(a)
and ( c), as the residence was that of one of Delray Beach's foremost residents, who was
politically and socially active in the community and helped found continuing institution
which has contributed substantially to the life of the City.
At its meeting of October 20,2004, the Historic Preservation Board (HPB)
set a public hearing date of November 3, 2004, to discuss the proposed designation and
provide a recommendation to the City Commission for the individual historic property
listing. On November 3, 2004, the HPB voted unanimously (7-0) to forward a
recommendation of approval to the City Commission to list the DeWitt Estate (1110
North Swinton Avenue) in the Local Register of Historic Places.
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12/06/04
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 71-04,
the public hearing was closed.
Mr. Costin moved to adopt Ordinance No. 71-04 on First Reading/First
Public Hearing, seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin -
Yes. Said motion passed with a 4 to 0 vote.
At this point, Mr. Levinson returned to the dais.
10.H. ORDINANCE NO. 70-04 (FIRST READING/FIRST PUBLIC
HEARING): City initiated amendment to Land Development Regulations (LDR)
Sections 4.4.9, "General Commercial", and 4.4.12, "Planned Commercial", to add
churches, or places of worship, as a Conditional Use subject to certain regulations and
providing similar regulations for clubs and lodges and amending Section 4.4.13, "Central
Business (CBD) District", to delete clubs and lodges as a conditional use. If passed, a
second public hearing will be scheduled for January 4, 2005. Prior to consideration of
passage of Ordinance No. 70-04 on First ReadingIFirst Public Hearing, a public hearing
has been scheduled to be held at this time.
The caption of Ordinance No. 70-04 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 SECTION 4.4.9(D), "CONDITIONAL
USES AND STRUCTURES ALLOWED", TO ALLOW
CHURCHES, OR PLACES OF WORSHIP, AND THEIR
ATTENDANT FACILITIES AS A CONDITIONAL USE
AS WELL AS PROVIDING A MAXIMUM SIZE FOR
CHURCHES OR PLACES OF WORSHIP, CLUBS AND
LODGES; AMENDING SECTION 4.4.9(H), "SPECIAL
REGULATIONS", PROVIDING FOR A MINIMUM
SEP ARATION BETWEEN SUCH USES FOR BOTH
CHURCHES OR PLACES OF WORSHIP, CLUBS AND
LODGES; AMENDING SECTION 4.4. 12(H) "SPECIAL
REGULATIONS" PROVIDING FOR A MINIMUM
SEP ARATION BETWEEN SUCH USES FOR BOTH
CHURCHES OR PLACES OF WORSHIP, CLUBS AND
LODGES AMENDING SECTION 4.4. 13 (D),
"CONDITIONAL USES AND STRUCTURES
ALLOWED", TO DELETE CLUBS AND LODGES AS A
CONDITIONAL USE; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
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12/06/04
(The official copy of Ordinance No. 70-04 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Del ray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated under the Religious
Land Use and Institutionalized Persons Act of 2000 (RLUIP A), the "equal terms"
provision of the law requires that "churches or places of worship" be accommodated in a
manner similar to clubs and lodges which are currently allowed as conditional uses in the
GC, PC, CBD and CBD-RC zoning districts. The proposed text amendment adds
churches or places of worship as a conditional use in the GC and PC zoning districts,
deletes clubs and lodges from CBD and CBD-RC zoning districts, provides floor area
limitations (3,500 square feet) and minimum separation limitations of 750 feet airline
route from lot line to lot line boundary for both uses.
At its meeting of November 15, 2004, the Planning and Zoning Board held
a public hearing regarding the proposed text amendment and there was no public
testimony regarding the proposed amendment. Two ordinances were considered by the
Board, the first proposal (Ordinance Exhibit "A") allowed churches or places of worship
as conditional uses in the GC, PC, CBD and CBD-RC zoning districts subject to floor
area restrictions and minimum distance separation requirements. The alternate ordinance
(Ordinance Exhibit "B") allowed churches or places of worship as a conditional use in
the GC and PC zoning districts, deleted clubs and lodges from the CBD and CBD-RC
zoning districts and provided for floor area restrictions and minimum distance separation
requirements as previously indicated.
It was noted that the proposed text amendments were reviewed by the
Community Redevelopment Agency, the Downtown Development Agency, the West
Atlantic Redevelopment Coalition and the Pineapple Grove Main Street Committee
which recommended approval of the alternate ordinance (Ordinance Exhibit "B"). After
discussing the amendment, the Board voted 5-0 (Joe Pike left the meeting and Johnny
Kincaide was absent) to recommend to the City Commission approval of the proposed
alternate amendment (Ordinance Exhibit "B") 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 Section 2.4.5(M) of the LDR's.
Staff recommends approval.
Mayor Perlman declared the public hearing open.
Rosetta Rolle, 301 N.W. 3rd Avenue, Delray Beach, asked what impact
this will have on the already established churches. Mr. Dorling stated established
churches if they were in a district would be non-conforming and would continue in
perpetuity as long as they did not cease operations for six months. He stated in most
cases churches are not allowed in the commercial districts now so when this change is
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12/06/04
implemented it actually allows them to locate in areas where they are not allowed.
However, with respect to clubs and lodges they could continue in perpetuity as long as
they did not cease operations within six months. Mrs. Rolle asked what would happen if
an established church were to burn down or was demolished from a hurricane. Mr.
Dorling stated the LDR's have an act of God clause that allows it to be reconstructed
similarly for a year. Furthermore, Mr. Dorling stated it would be considered an Act of
God if the structure was hit by lightning and as long as it is not a suspicious fire.
Jim Adams, Trustee at Cason United Methodist Church, 342 N. Swinton
Avenue, Delray Beach, requested a copy of the ordinance and asked for clarification
whether or not this affects commercial zoning. Mr. Dorling stated this only affects
commercial districts.
Alice Finst, 707 Place Tavant, Delray Beach, representing Progressive
Residents of Delray (PROD), stated PROD is particularly concerned with existing rights
of existing clubs and would like to see that they are protected. She asked if there is an
existing club or organization will they be grandfathered in or excluded from the
ordinance and would an existing club be prohibited for adding a second floor, third floor,
or apartments above, etc.
Mr. Dorling stated they would become non-conforming and there are
restrictions with respect to the yearly improvements on non-conforming structures. He
stated if someone's home is a local historically designated site then those would not
apply.
Brief discussion followed by staff and the Commission.
There being no one from the public who wished to address the
Commission regarding Ordinance No. 70-04, the public hearing was closed.
Mr. Levinson moved to adopt Ordinance No. 70-04 on First Reading/First
Public Hearing, 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 Commission moved to Item 11, Comments and
Inquiries on Non-Agenda Items from the City Manager and the Public.
II.A.
City Mana2er's response to prior public comments and inauiries.
With regard to prior concerns expressed about the canal that is infested
with hydrilla on the perimeter of the Delray Lakes area, the City Manager stated the
Delray Lakes Homeowners' Association has a contract with an Aquatic Plant Control
company that maintains the waterway that's interior to their association and also the one
on the perimeter. The one canal on the interior they are required to maintain by their
homeowners' conveyance for the one canal on the perimeter there is no such requirement.
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12/06/04
The City Manager stated they do not control hydrilla. The City Manager stated Palm
Beach County does maintain Lake Ida and they do treat it for hydrilla; however, they do
not do any canals. The City Manager stated the best approach to help pay for this is a
non-ad valorem assessment similar to the storm water utility assessment. He stated if the
Commission chooses to do so this could be paid from the General Fund. However, the
City Manager expressed concern that there are other canals throughout the City and the
line has to be drawn at some point. He stated this is a policy decision of the Commission
and commented the hydrilla infestation is something that has to continue to be treated
because it re-grows very rapidly. He stated in order to keep it under control it would
need to be treated approximately three times a year on average.
Mr. Levinson expressed concern that the condition of the canal is an
immediate health problem. He suggested that the City of Del ray Beach pay for the initial
treatment for the canal now and get it done as quickly as possible and let the $840.00 be
the responsibility of the association and let them choose how they want to assess it. In
addition, Mr. Levinson suggested that the City of Delray Beach work with County
Commissioner Addie Greene.
Mr. Costin concurs with comments expressed by Mr. Levinson and
suggested that the City Manager pursue this with the County as well.
Mrs. Archer concurs that the City should pursue this with the County;
however, if the County decides not to pursue and says "no" she suggested that the City
consider levying the area in order to be able to take care of it.
Mr. Levinson feels the homeowners' association should be responsible for
this.
The Commission gave direction to the City Manager for the City of Del ray
Beach to pay the initial treatment for the canal and pursue with County Commissioner
Addie Greene. In addition, it was the consensus of the Commission that there is a
stipulation with the homeowners' association that this is being done for health reasons
and not for maintenance purposes.
11.B.
From the Public.
11.B.1. Len Cava. 1095 Anchor Point (Delray Lakes). stated this is not an issue
of money but rather an issue that Aquatic Vegetation Control (A VC) will not spray the
canal for hydrilla. He stated A VC will not do this for the homeowners' association
because they are not permitted to use those chemicals and because the canal is considered
a public right-of-way. Mr. Cava stated in order to get this done there needs to be some
direction from the City or the County.
At this point, the time being 9:50 p.m. the Commission moved to Item
9.A. of the Regular Agenda.
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12/06/04
9.A. BONUS PAYMENT TO JCD SPORTS GROUP: Consider approval of
FY 03-04 bonus payment to JCD Sports Group for golf operations in the amount of
$18,625.00 and for Tennis Center operations in the amount of $6,270.00. Funding is
available from 445-4711-572-34.90 (Delray Beach Municipal Golf Course Fund/Other
Professional Services), 446-47111-572-34.90 (Lakeview Golf Course/Other Professional
Services), 001-4215-575-34.90 (General Fund/Tennis Operations/Tennis Center/Other
Contractual Services) and 001-4210-575-34.90 (General Fund/Tennis
Operations/Stadium).
At this point, Mayor Perlman returned to the dais.
Robert A. Barcinski, Assistant City Manager, stated this item is a request
from JCD Sports Group for a bonus consideration for fiscal year 2003-04. As per the
contract, a maximum of 15% may be paid in bonuses under each contract and payment is
based on accomplishment of performance measures met.
Mr. Costin moved to approve staff s recommendation, seconded by Mrs.
Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor
Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion
passed with a 5 to 0 vote.
9.D.
THIS ITEM HAS BEEN WITHDRAWN FROM THE AGENDA.
9.E. WIRELESS INTERNETIDOWNTOWN AREA: Provide direction
concerning wireless internet proposals for providing Wi-Fi services in the downtown
area.
Joseph Safford, Finance Director, gave a brief presentation regarding Wi-
Fi services in the downtown area. Mr. Safford stated staff is currently in negotiations
with Adelphia over the franchise agreement and the City of Delray Beach is negotiating
trying to get fiber optics at no additional cost. Staff discussed this with the City
Attorney's office and if the city can get this, we can provide much of the cost element
that would be involved in this canopy going into the downtown area. Staff recommends
deferring a decision on selecting a proposal at this time until the negotiations are finished
with Adelphia.
Prior to the vote, the City Attorney stated staff is hoping to have
negotiations completed regarding fiber optics with Adelphia in January 2005.
Mr. Costin moved to approve to table, seconded by Ms. McCarthy. Upon
roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes;
Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5
to 0 vote.
At this point, the time being 10:05 p.m., Mrs. Archer stated she is not
feeling well and therefore left the meeting. In addition, Mrs. Archer asked that Vice
Mayor McCarthy nominate the people she selected to the Boards.
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12/06/04
9.F. PROPERTY ACQUISITION STATUS REPORT: The City Attorney
will give a report on the status of efforts to acquire various properties to implement the
Parks Bond Issue.
The City Attorney distributed handouts to the Commission and stated the
purpose of this item is to give the Commission an update. The City Attorney stated the
City has a signed contract with Ms. Churchill (property located to the right of the star)
and this will be brought before the Commission next Tuesday. The City Attorney stated
the one with the star is the Malkemes piece and she has had conversation with him and
his house is on the northern half of his property and has requested to carve this out in
some way and would be interested if the City would like to do an option with a right of
first refusal. The City Attorney stated a price would have to be negotiated. The City
Attorney stated next Tuesday staff will bring a letter of offer for Mr. Malkemes' total
property with the idea that the City can negotiate something else if that is something the
Commission would like her to pursue. The property to the left is part of the Bexley Park
existing property. With regard to the Willis' property (3024), the City Attorney stated
staff can bring a letter of offer for this piece to the Commission. The City Attorney stated
the Willis' property has several trees and she is requesting to be compensated for these
trees. The City Attorney stated on page two the City is obtaining appraisals for and noted
one of the pieces fronts on Congress Avenue and this will be a potential park or
community center site. On page three this piece is the Commons piece and will require a
resolution of taking and a letter of offer at the same time at the next meeting. This site is
being considered for a community center.
Brief discussion continued between the City Attorney and the
Commission.
Mr. Levinson stated he feels the City can deal with the issues on the
Commons site and feels it is the best potential site for the community center.
The City Manager stated the City's eminent domain attorney is going to
contact State Farm to see how they feel about this and if necessary the City can condemn
out their interest.
Mr. Levinson suggested that the City contact Bill Plum to help pursue this.
Mr. Costin concurred with comments expressed by Mr. Levinson.
Ms. McCarthy also suggested contacting Jerry Lehman in addition to Bill
Plum.
After brief discussion, it was the consensus of the Commission to direct
the City Attorney to contact Bill Plum and Jerry Lehman to identify additional
opportunities and sites that the Commission may not be aware of.
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12/06/04
9.G. APPOINTMENT TO THE BOARD OF CONSTRUCTION
APPEALS: Appoint one (1) member to the Board of Construction Appeals for an
unexpired term ending August 31, 2006. Based upon the rotation system, the
appointment will be made by Commissioner Archer (Seat #2).
Ms. McCarthy moved to appoint Charles Halberg to the Board of
Construction Appeals for an unexpired term ending August 31, 2006, seconded by Mr.
Costin. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr.
Costin - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to
o vote.
9.H. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY
COUNCIL: Appoint five (5) regular members and two (2) student members to the
Neighborhood Advisory Council for two year terms ending October 31, 2006. Based
upon the rotation system, the appointments will be made by Commissioner Costin (Seat
#1), Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), Commissioner
McCarthy (Seat #4), Mayor Perlman (Seat #5), Commissioner Costin (Seat #1), and
Commissioner Archer (Seat #2).
It was the consensus of the Commission to defer the appointments to the
Neighborhood Advisory Council to the meeting of December 14, 2004.
9.1. APPOINTMENT TO THE NUISANCE ABATEMENT BOARD:
Appoint one (1) alternate member to the Nuisance Abatement Board for an unexpired
term ending March 31, 2005. Based upon the rotation system, the appointment will be
made by Commissioner McCarthy (Seat #4).
Ms. McCarthy stated she would like to defer her appointment for the
Nuisance Abatement Board to the meeting of December 14, 2004.
9.J. APPOINTMENT TO THE SITE PLAN REVIEW AND
APPEARANCE BOARD: Appoint one (1) member to the Site Plan Review and
Appearance Board for an unexpired term ending August 31, 2006. Based upon the
rotation system, the appointment will be made by Commissioner Costin (Seat #1).
Mr. Costin moved to appoint José Aguila as a member to the Site Plan
Review and Appearance Board (SPRAB) for an unexpired term ending August 31, 2006,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr.
Costin - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said
motion passed with a 4 to 0 vote.
12.
FIRST READINGS:
None.
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12/06/04
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
B.A.
City Mana2er
The City Manager stated the City of Delray Beach is actively working
with the City of Boynton Beach and the Metropolitan Planning Organization (MPO)
Bicycle Greenway Pedestrian Advisory Committee regarding the Greenway Plan.
Secondly, the City Manager stated the City of Delray Beach has agreed to
host the League of Cities meeting on January 26,2005.
He stated the County is proposing an ordinance on Manatee Protection
Zones.
The City Manager announced that the League of Cities has a seat open on
the Palm Tran Advisory Board.
Lastly, he stated with regard to the possibility of trying to work with the
County to get some workforce housing built on some vacant land near the Tri-Rail
station, the City Manager has discussed this with Audrey Wolf and the County's plan is
to move the Head Start Program at the Catherine Strong Center to this vacant piece of
land behind the Tax Collector's office. He stated staff is going to try and work with the
County to see if the City of Delray Beach can keep the Head Start Program on the east
side of the Interstate and the County has indicated that they would be willing to see some
proposals for redeveloping the site. He stated staff will continue to work on this.
13.B.
City Attorney
The City Attorney had no comments or inquiries on non-agenda items.
13.C.
City Commission
13.C.1.
Mrs. Archer
Mrs. Archer had no comments or inquiries on non-agenda items.
13.C.2.
Mr. Costin
Mr. Costin stated he helped organize a program for the Lake Ida
neighborhood that had to do with how the law applies as it relates to sexual predators
because people are very concerned about their own well being. He stated Detective
Johnny Young from the Police Department and a detective from the Palm Beach County
Sheriff s office headed the program. Mr. Costin stated the program was very well
received and approximately 70-75 people attended.
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12/06/04
13.C.3.
Ms. McCarthy
Ms. McCarthy stated she held a small business seminar at a church for
small businesses throughout the city. She stated it was basically prioritizing small
businesses in this city in an attempt to get them certified with the Small Business
Administration (SBA). Ms. McCarthy stated the SBA has agreed to come on Saturday,
December 18th and do direct certifications that day for any businesses that are ready. She
stated Patsy Nadal, Buyer/Purchasing, gave a presentation regarding bids.
Secondly, she stated it was great to see some City employees at various
functions over this past weekend and noted the events were very well attended.
Lastly, Ms. McCarthy wished everyone a Happy Holiday.
13.CA.
Mr. Levinson
Mr. Levinson stated he was pleased to participate in a luncheon and tour
of the new Atlantic High School. He stated there was a luncheon with a selected group of
people from the School Board, Centex Rooney and some community people. Mr.
Levinson stated the school looks great and commended Centex Rooney for an excellent
job.
Secondly, Mr. Levinson distributed a newsletter from Robert Wexler and
noted he is waiting to meet with him.
Mr. Levinson stated when he was at the League of Cities meeting there
was discussion about a Water Workshop that dealt with water, land growth, and
management issues that was postponed because of the hurricanes. The League of Cities
and the South Florida Water Management District (SFWMD) have contracted with the
Institute of Government at PBCC and the workshop will be held on January 20, 2005 in
Palm Springs regarding water issues.
He commented about an article from FPL in the Sun-Sentinel about trees
(where to put trees and where not to put them). Mr. Levinson suggested that this article
be placed on the web site and possibly in the Annual Report.
Mr. Levinson stated he was distressed to see that the City of West Palm
Beach was forced to repay some misappropriated funds by the Haitian American
Community Council. He stated the City of Delray Beach has been working with the
United Way to try and come up with a certification program. Mr. Levinson stated he
spoke with Scott Badesch from the United Way who now has the program in place and
has hired an executive and would like to talk to the City of Delray Beach about being the
pilot for picking some methodologies for doing some certifications.
Mr. Levinson inquired about the status of the National Citizens' Survey
and suggested that a few additional questions be added.
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12/06/04
He stated he sent the City Manager and Ivan Ladizinsky, Public
Information Officer, a congratulatory note on "News for Neighborhoods".
Lastly, Mr. Levinson asked if the City of Delray Beach has to do anything
legislatively in order to receive the reimbursement from the State with regard to hurricane
costs and suggested that a letter be written to the Delegation.
13.C.5.
Mavor Perlman
Mayor Perlman stated he will attend the Abacoa Design Institute on
Thursday and Friday. He stated they will be given two sites to design (the Office Depot
site and the shopping center on Atlantic Avenue and Military Trail).
Secondly, he stated one of the CRA Board members would like to know
the status of the Clean and Safe Program. The City Manager stated Robert Barcinski,
Assistant City Manager, is working with the Joint Venture and the DDA to finalize what
they want. Ms. McCarthy inquired about whether or not the West Atlantic Avenue
Coalition (W ARC) is included in this dialogue.
Mayor Perlman commended Chevelle Nubin, City Clerk, for making it
through the entire meeting and stated the "Document Archives" quick link on the City's
website is great.
Lastly, Mayor Perlman stated he and some City staff were at the Palm
Beach County School District last week meeting with County officials and Joe Sanchez
(Director of Facilities for the School District) to discuss the future of the Seacrest site.
There being no further business, Mayor Perlman declared the meeting
adjourned at 10:47 p.m.
~\).~\~~
City Clerk
ATTEST:
8~f~
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12/06/04
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 December 6, 2004, which Minutes were formally approved and adopted by the City
Commission on January 4, 2005
~~.~~
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.
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~
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12/06/04
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNri MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
ST NAME-FIRST NAME-MIDDLE NAME
err McCarthy, Alberta
MAlUNG ADDRESS
2805 S.W. 22nd Avenue, #103
CITY
each
DATE ON WHICH VOTE OCCURRED
COUNTY
Palm Beach
NAME OF BOARD, COUNCIl, COMMISSION. AUTHORITY. OR COMMITTEE
Delray Beach
TtE 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:
Cit of Delra Beach Commission
MY POSITION IS:
e ber 6 2004
ΠELECTIVE
a APPOINTIVE
WHO MUST FILE FORM 88
This foon Is for use by any person serving at the county. city, or other local level of government on an appointed or elected board. council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greaUy depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this fonn before
completing the reverse side and filing the fann.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
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\ person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
I 1ures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
..iure 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
163.351, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a -relative- Includes only the officer's father, mother, son, daughter, husband, 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).
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ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person respot)Sible for recording the min-
utes of the meeting, who shOuIØJncorporate the.·form In the minutes.
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APPOINTED OFFICERS:
Although you must abstain from voting in the situations desaibed above, you otherwise may participate in these matters. However, you
ust disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
71 you or at your direction.
.F 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 form in the minutes. (Continued on other side)
œ FORM 88 - EFF. 112000
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APPOINTED OFFICERS (continued)
· A copy of the form must be provided Immediately to the other members of the agency.
· The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You must disclose orally the nature of your conflict in the measure before participating.
· You must complete the form and file It within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting. who must incorporate the fonn in the minutes. A copy of the form must be provided immediately to the other members of the
agency. and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I. Alberta Perry McCarthy
, hereby disclose that on
December 6
,20~:
<a) A measure came or will come before my agency which (check one)
-X.. 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 natufe of my conflicting Interest In the measure is as follows:
, by
, which
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My Real Estate Agent listed this property pending litigation.
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Date Flied
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. 1llOOO
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