11-01-05 Minutes
NOVEMBER 1. 2005
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 6:03 p.m., Tuesday, November 1,2005.
1.
Roll call showed:
Present - Commissioner Patricia Archer
Commissioner Rita Ellis
Commissioner Jon Levinson
Mayor Jeff Perlman
Absent - Commissioner Alberta McCarthy
Also present were - David T. Harden, City Manager
Brian Shutt, Acting City Attorney
Chevelle D. Nubin, City Clerk
Mayor Perlman stated due to Hurricane Wilma last week, the Agenda the
City Commission is working on this evening is actually the Agenda for October 25, 2005
(one week behind). Therefore, he stated if anyone is present this evening for an item that
was scheduled for the November 1st meeting that item will be scheduled on November
15th.
Mayor Perlman stated before the Invocation this evening he would like to
observe a moment of silence for the victims of Hurricane Wilma and for Civil Rights
Activist Rosa Parks. Also, Robert Williams, Jr. was a Delray Beach businessman who
owned a hair salon and was one ofthe victims of Hurricane Wilma in Miami.
In addition, Mayor Perlman stated he would like to observe a moment of
silence for Mary Hiscock (mother of employee Sue Maloney) who passed away and
noted she was a long-time employee at the Forrest C. Lattner Foundation in Delray
Beach.
2. The opening prayer was delivered by Reverend Ron Arflin with Abbey
Delray South.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4.
AGENDA APPROVAL.
Mayor Perlman stated Presentations 7.C., SpotIil!ht on Youth and 7.D..
SpotIil!ht on Neil!hborhoods will be postponed due to a request from staff.
11/01/05
Proclamation 6.A., Recognizing and Commending the Delray
Also,
Beach Ocean Rescue Lifeguard
will be postponed.
Item 8.N., Amendment No. 2 to D & J
Mayor Perlman stated
Enterprises, Inc.Item 9.K.,
has been added to the Consent Agenda by addendum and
Resolution No. 87-05
has been added to the Regular Agenda by addendum.
Mr. Levinson moved to approve the Agenda as amended, seconded by
Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Ellis – Yes; Mrs.
Archer – Yes; Mr. Levinson – Yes; Mayor Perlman – Yes. Said motion passed with a 4
to 0 vote.
5.APPROVAL OF MINUTES:
Mr. Levinson moved to approve the Minutes of the Regular Meeting of
October 11, 2005, seconded by Mrs. Archer. Upon roll call the Commission voted as
follows: Mrs. Archer – Yes; Mr. Levinson – Yes; Mayor Perlman – Yes; Mrs. Ellis –
Yes. Said motion passed with a 4 to 0 vote.
Mrs. Archer moved to approve the Special/Workshop Meeting of October
18, 2005, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Mr. Levinson – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes. Said
motion passed with a 4 to 0 vote.
6. PROCLAMATIONS:
6.A. Recognizing and Commending the Delray Beach Ocean Rescue
Lifeguard Competition Team
Mayor Perlman read and presented a proclamation hereby recognizing and
commending the Delray Beach Ocean Rescue Lifeguard Competition Team for their
representation of the City of Delray Beach and offered them congratulations on a job well
done in the United States Lifesaving Association 2005 National Competition.
6.B. Recognizing and Commending Fire-Rescue Division Chief Russell
Accardi
Mayor Perlman read and presented a proclamation hereby recognizing and
commending Division Chief Russell Accardi, with the Delray Beach Fire-Rescue
Department for the outstanding work he preformed as part of the Urban Search and
Rescue Team Force 2 under unique and hazardous conditions, while overcoming
extensive physical and environmental obstacles in pursuit of Disaster Medical Assistance
Team mission goals.
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6.C. Recognizing and Commending Fire-Rescue Lieutenant Ed Crelin
Mayor Perlman read and presented a proclamation hereby recognizing and
commending Lieutenant Ed Crelin with the Delray Beach Fire-Rescue Department for
the outstanding work he performed as part of FL-DMAT Team 5 under stressful and
adverse personal conditions while overcoming many physical and environmental
obstacles in pursuit of Disaster Medical Assistance Team mission goals.
6.D. Recognizing and Commending Allen Antolic
This proclamation has been postponed until the regular meeting of
November 15, 2005.
6.E.Family Literacy Month – November 2005
Mayor Perlman noted a proclamation hereby proclaiming November 2005
Delray Beach National Family Literacy Month
as will be mailed. Janet Meeks,
Education Coordinator, and Debra Kaiser with the Education Board, came forward to
accept the proclamation. Ms. Kaiser stated there will be a “Reading on the Avenue”
August 17, 2006.
Mayor Perlman thanked Ms. Kaiser for all her hard work.
6.F.Recognizing and Commending the Center for Technology, Enterprise,
and Development, Inc.
Mayor Perlman read and presented a proclamation hereby recognizing and
commending the Center for Technology, Enterprise, and Development, Inc. (TED) for
their outstanding contributions, support, and service to the community. Seabron Smith
and Nadine Hart came forward to accept the TED Center proclamation and thanked the
Commission.
6.G. National Hospice Month – November 2005
Mayor Perlman read and presented a proclamation hereby recognizing and
commending November 2005 as National Hospice Month. J.C. Stern came forward to
accept the proclamation.
7.PRESENTATIONS:
7.A.Special Recognition Award – Brittany Smith
This presentation has been postponed.
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7.B.Special Recognition Award – Marty Riger
This presentation has been postponed.
7.C. “Spotlight on Youth” – John Morley, President of the Delray Beach
Youth Council
This item has been postponed due to a request from staff.
7.D.“Spotlight on Neighborhoods” – Gail-Lee McDermott, Chairman,
Neighborhood Advisory Council
This item has been postponed due to a request from staff.
7.E.Update on R.A.C.E. (Relationship between Authorities, Citizens, and
Experts), Samuel E. Mathis, Jr., Diversity Business Strategist and Advisor
This presentation has been postponed.
7.F.Carolyn Gholston – Multi-Cultural Festival
Carolyn Gholston gave a few brief comments and thanked the
Commission for their support of the Multi-Cultural Festival held on October 9, 2005.
Ms. Gholston stated there were approximately 2,000 people in attendance and she
distributed plaques to the Commission in appreciation for their support.
8.CONSENT AGENDA: City Manager Recommends Approval.
8.A.FINAL BOUNDARY PLAT APPROVAL/VILLAGE AT SWINTON
SQUARE PLAT:
Approve the boundary plat for the Village at Swinton Square, located
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on the southwest corner of S.W. 10 Street and Swinton Avenue.
8.B.RESOLUTION NO. 85-05:
Approve Resolution No. 85-05 assessing
costs for abatement action required to remove nuisances on four (4) properties throughout
the City.
The caption of Resolution No. 85-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
ASSESSING COSTS FOR ABATING NUISANCES
UPON CERTAIN LAND(S) LOCATED WITHIN THE
CITY OF DELRAY BEACH AND PROVIDING THAT
A NOTICE OF LIEN SHALL ACCOMPANY THE
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NOTICE OF ASSESSMENT; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO
ACCOMPLISH SUCH ABATEMENT AND LEVYING
THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE
DATE AND FOR A DUE DATE AND INTEREST ON
ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND
DECLARING SAID LEVY TO BE A LIEN UPON
THESUBJECT PROPERTY FOR UNPAID
ASSESSMENTS.
(The official copy of Resolution No. 85-05 is on file in the City Clerk’s
Office.)
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8.C.ACCEPTANCE OF RIGHT-OF-WAY DEED/S.W. 5 AVENUE:
Approve and accept a right-of-way deed dedicating property to the City for City right-of-
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way associated with Lot 42, S.W. 5 Avenue.
8.D.GRANT AWARD/FLORIDA DEPARTMENT OF
TRANSPORTATION:
Approve and accept the Florida Department of Transportation
(FDOT) Highway Safety Grant award in the amount of $41,603.00 providing partial
funding for a Driving Under the Influence (DUI) enforcement position for the Delray
Beach Police Department’s DUI program.
8.E. SERVICE AUTHORIZATION NO. 18/CURRIE SOWARDS
AGUILA ARCHITECTS:
Approve Service Authorization No. 18 to Currie Sowards
Aguila Architects in the amount of $147,500.00 for consulting services for the design and
construction of the proposed new Administration Building at the Environmental Services
Department (ESD) site. Funding is available from 441-5161-536-62.32 (Water/Sewer
Fund/ESD Building Expansion).
8.F. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.L.
8.G. RESOLUTION NO. 86-05:
Approve Resolution No. 86-05 recognizing
Paramedic Peter L. Firehock by naming the Fire-Rescue Training Center, located at 80
Deport Avenue, The Peter L. Firehock Public Safety Training Center.
The caption of Resolution No. 86-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
RECOGNIZING PARAMEDIC PETER L. FIREHOCK
BY NAMING THE FIRE-RESCUE TRAINING
CENTER AT 80 DEPOT AVENUE IN DELRAY
BEACH, FLORIDA, “THE PETER L. FIREHOCK
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PUBLIC SAFETY TRAINING CENTER”;
PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEALER; PROVIDING AN EFFECTIVE
DATE.
(The official copy of Resolution No. 86-05 is on file in the City Clerk’s
Office.)
8.H. HOUSING REHABILITATION GRANT/CONTRACT AWARDS:
Approve Housing Rehabilitation grant/contract awards through the Community
Development Division in the amount of $15,907.50 to Preston Construction (351 N.W.
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4 Avenue) and $20,291.25 to South Florida Construction (147 S.W. 14 Avenue).
Funding is available from 118-1924-554-49.19 (State Housing Initiatives Partnership
(SHIP) Program/Housing Rehabilitation).
8.I. SUBORDINATION AGREEMENT FOR COMMUNITY
DEVELOPMENT FUNDING RECIPIENT:
Authorize and approve subordination of
the City’s second mortgage in the amount of $27,530.00 to allow the applicant to secure
new financing.
8.J. ALTERNATIVE WATER SUPPLY GRANT PROGRAM
AGREEMENT/SOUTH FLORIDA WATER MANAGEMENT DISTRICT
(SFWMD):
Approve and accept a 2005-2006 Alternative Water Supply Funding
Program Grant Agreement in the amount of $500,000.00 with the South Florida Water
Management District (SFWMD) for the Area 2 and 3 Reclaimed Water Transmission
System Project.
8.K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS:
Accept the actions and decisions made by the Land Development Boards for
the period October 10, 2005 through October 21, 2005.
8.L. AWARD OF BIDS AND CONTRACTS:
1.
Contract award to Horsepower Electric, Inc. in the amount of
$298,298.00 for the U.S. 1 and Tropic Boulevard Signalization
Project. Funding is available from 334-3162-541-65.68 (General
Construction Fund/US 1 at Tropic Boulevard).
2.
Approve the purchase of 100 Citrix Licenses from CompServ in
the amount of $27,700.00 via the Florida State Contract #250-040-
99-1 to allow the Police Department to access the Criminal Justice
Network (CJNET) and Palms in-house and in-patrol vehicles.
Funding is available from 001-2113-521-66.10 (General
Fund/Software).
3.
Approve a blanket purchase order, requisition number 121815,
with Boca Tire, Inc., in the amount of $30,000.00 via Florida State
Contract #863-000-03-1, for the purchase of various tires as
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needed. Funding is available from 501-3311-591-52.20 (General
Garage Fund/General Operating Supplies).
4.
Approve a blanket purchase order with Otto Waste Systems, in the
amount of $149,999.00 for the purchase of garbage carts with lids
and wheels as needed. Funding is available from 433-3711-534-
49.35 (Sanitation Fund/Cart Renewal & Replacement).
5.
Approve a blanket purchase order, requisition number 121395,
with Poolsure in the amount of $43,500.00 for the purchase and
delivery of Sodium Hypochlorite and Calcium Hypochlorite as
needed. Funding is available from 441-5123-536-52.21
(Water/Sewer Fund/Chemicals).
6.
Purchase award to 3M Traffic Safety Systems Division in the
amount of $15,166.60 via the Osceola Board of County
Commissioners Bid #A/R #05-412-TM and pricing from an
expired State Contract for the purchase of sign materials and
barricade tape materials for the City’s Sign Shop. Funding is
available from 001-3141-541-52.20 (General Fund/General
Operating Supplies).
7.
Purchase award to Hall-Mark Fire Apparatus/Horton Emergency
Vehicles in the amount of $203,488.06 via the Florida Sheriff’s
Association, Bid #05-06-0823 for one (1) 2006 Horton Custom
Rescue Transport Vehicle for the Fire Department. Funding is
available from 501-3312-591-64.25 (Central Garage Fund/Heavy
Equipment).
8.M.CONFIRMATION/EMERGENCY RESOLUTIONS:
Confirm and
ratify Emergency Resolutions B (including the revised Resolution B), D and H pursuant
to Chapter 95 of the City Code of Ordinances.
The caption of Resolution B – Hurricane Wilma is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, CONFIRMING
A DECLARATION OF A STATE OF EMERGENCY,
AND AUTHORIZING THE SETTING OF A CURFEW
AND DESIGNATING CERTAIN AREAS OFF LIMITS.
(The official copy of Resolution B is on file in the City Clerk’s office.)
The caption of Resolution D – Hurricane Wilma is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, CONFIRMING
A DECLARATION OF A STATE OF EMERGENCY,
AND PROHIBITING THE SALE OF MERCHANDISE,
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GOODS OR SERVICES AT MORE THAN THE
AVERAGE RETAIL PRICE.
(The official copy of Resolution D is on file in the City Clerk’s office.)
The caption of Resolution H – Hurricane Wilma is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, RELATING TO
EMERGENCY MANAGEMENT; CONFIRMING A
DECLARATION OF A STATE OF EMERGENCY;
AUTHORIZING EMERGENCY PURCHASING AND
PROCUREMENT PROCEDURES AND SUSPENDING
CERTAIN CITY CODES, RULES AND REGULATIONS
RELATING TO PURCHASING AND PROCUREMENT;
THIS RESOLUTION SHALL BE VALID FOR THIRTY
(30) DAYS AND AUTOMATICALLY RENEWED
EVERY THIRTY (30) DAYS UNTIL FURTHER
ACTION BY THE CITY COMMISSION.
(The official copy of Resolution H is on file in the City Clerk’s office.)
8.N.AMENDMENT NO. 2/D & J ENTERPRISES, INC.:
Approve
Amendment No. 2 to D & J Enterprises, Inc., Debris Management Contract, Exhibit “B”,
Part A, No. 1 to change the rate from $4.80 to $8.00 per cubic yard to bring the rates up
to the current market rate and allow the contractor to obtain subcontractors to haul the
debris.
Item 8.F., Change Order No. 3 (Contract
Mr. Levinson requested that
Addition)/Rosso Paving and Drainage, Inc.Item
be moved to the Regular Agenda as
9.L.
Mrs. Ellis moved to approve the Consent Agenda as amended, seconded
by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman – Yes;
Mrs. Ellis – Yes; Mrs. Archer – Yes; Mr. Levinson – Yes. Said motion passed with a 4
to 0 vote.
At this point, the time being 6:39 p.m., the Commission moved to the
Regular Agenda.
9.REGULAR AGENDA:
9.A.CONDITIONAL USE REQUEST/LIFE SKILLS CENTER:
Consider
a request to allow the establishment of a charter school, Life Skills Center, within the PC
(Planned Commercial) zoning district, located within the Lake Ida Shopping Center at the
(Quasi-Judicial Hearing)
southwest corner of Lake Ida Road and Congress Avenue.
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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 their ex parte
communications. No ex parte communications were disclosed.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning project file #2005-341 into the record.
Mr. Dorling stated the conditional use request is to allow a Private Charter
School in a 6,153 square foot retail bay at the Lake Ida Shopping Plaza located at the
Southwest corner of Lake Ida Road and Congress Avenue. The development will utilize
an existing 5,500 foot outdoor play area and drop off area developed for the previous
tenant (Paladin Academy School).
At its meeting of September 19, 2005, the Planning and Zoning Board
held a public hearing in conjunction with the request and no one from the public spoke.
After discussing the proposal, the Board voted unanimously (7-0) to recommend approval
with the condition that the maximum number of students on site at any one time will not
exceed 100 and that the school has a security guard on site when the school is open
including one hour prior to class and up to a maximum of one hour after class. The
Planning and Zoning Board also recommended approval of two waivers to LDR Section
4.3.3(HHH)(3), to (1) Allow for the reduction of the minimum outdoor play area from the
required 75 square feet per student to 68.75 feet per student, and (2) allow for a reduction
in the height of the hedge on the south side of the play area from 6 feet to 2 feet to allow
for visibility from the school.
Jason Mankoff, Attorney with Weiner & Aronson, P.A., 102 N. Swinton
Avenue, Delray Beach (representing the applicant), stated they agree with the staff report
and adopt the findings specifically LDR Section 2.4.5(E)(5)(a) which states “the
conditional use will not have a significantly detrimental effect upon the stability of the
neighborhood within which it is to be located” and Section 2.4.5(E)(5)(b) which states
“the conditional use will not hinder development or redevelopment of nearby properties”.
Mr. Mankoff stated they also agree with all the conditions of approval.
Mayor Perlman stated if anyone would like to speak in favor or in
opposition of the conditional use request, to please come forward at this time.
Mr. Levinson moved to approve the Conditional Use request and
associated waivers for a Private Charter School for Life Skills Center based upon positive
findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5)
(Conditional Use Findings) of the LDR’s, Section 2.4.7(B)(5)(Waivers), and the Goals,
Objectives and Policies of the Comprehensive Plan, subject to the two conditions as listed
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in the Planning and Zoning staff report, seconded by Mrs. Ellis. Upon roll call the
Commission voted as follows: Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer –
Yes; Mr. Levinson – Yes. Said motion passed with a 4 to 0 vote.
9.B.CONDITIONAL USE REQUEST/TOUSSAINT L’OUVERTURE
HIGH SCHOOL FOR ARTS AND SOCIAL JUSTICE:
Consider a request to allow
the establishment of a charter school, Toussaint L’Ouverture High School for Arts and
Social Justice, within the PC (Planned Commercial) zoning district, located within the
Delray Square II Shopping Center at the northeast corner of West Atlantic Avenue and
(Quasi-Judicial Hearing)
Military Trail.
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. Mr. Levinson stated he spoke to Diane Allerdyce and Joe Bernadel.
Mayor Perlman, Mrs. Ellis, and Mrs. Archer had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning project file #2005-361 into the record.
Mr. Dorling stated this is a conditional use request to allow a private
school (Toussaint L’Ouverture High School for Arts and Social Justice) in the PC
(Planned Commercial) zoning district.
The school is located in Delray Square located at the northeast corner of
Atlantic Avenue and Military Trail. The school will occupy the northeastern most corner
of the shopping center in a 14,955 square foot bay. The student parking and drop off area
will be to the rear of the shopping plaza as will the 7,800 square foot outdoor area. The
play area will be screened with a new 8 foot high wood fence set back 2 feet from the
edge of the existing green space. The school will have no more than 100 students on
campus at any one time. While the total enrollment will exceed 100, some students
attend classes off site at a community center, dual enrollment programs at Palm Beach
Community College, and off campus internships and work related experiences.
Toussaint L’Ouverture High School will provide high school education curriculum for
students between the ages of fifteen (15) to twenty (20) years of age. The hours of
operation are between 7:30 a.m. and 5:00 p.m. Monday through Friday. Actual school
hours are from 8:10 a.m. to 3:00 p.m. No Saturday or Sunday (weekend) hours.
At its meeting of October 17, 2005, the Planning and Zoning Board held a
public hearing regarding the conditional use request. There was no public testimony
regarding the proposed changes. After discussing the request, the Board voted 6-0 to
recommend approval of the conditional use request subject to the three conditions listed
in the Planning and Zoning staff report. Staff has discussed this with the applicant and
they agree with the conditions.
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Roger Cope, Cope Architects, 80 N.E. 4 Avenue, Delray Beach, stated
this project is for the relocation of Toussaint L’Ouverture High School from their current
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location on 1 Avenue to this intersection at Military Trail and West Atlantic Avenue.
The relocation is due to the proposed parking garage that is slated for their site. He
thanked and commended Mr. Dorling for working so diligently to review this project in a
timely fashion. Mr. Cope stated his client agrees with all the conditions as listed.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of the conditional use request, to please come forward at this time.
Mrs. Ellis asked if the green area will be adjacent to where the school will
be located. Mr. Dorling stated it is immediately to the rear of the bay the school wants to
occupy. He stated the hedge will be on three sides and the fourth side will be the wall to
the building.
Mrs. Ellis moved to approve the conditional use request for a Private
School for Toussaint L’Ouverture High School based upon positive findings with respect
to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings)
of the LDR’s, and the Goals, Objectives and Policies of the Comprehensive Plan, subject
to the three conditions listed in the Planning and Zoning staff report, seconded by Mrs.
Archer. Upon roll call the Commission voted as follows: Mrs. Ellis – Yes; Mrs. Archer
– Yes; Mr. Levinson – Yes; Mayor Perlman – Yes. Said motion passed with a 4 to 0
vote.
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9.C.CONDITIONAL USE REQUEST/5 AVENUE AT DELRAY:
Consider a request to allow a building height in excess of 48’ (to a maximum of 60’) and
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to allow a density in excess of 30 dwelling units per acre (37.30 du/ac proposed) for 5
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Avenue at Delray, located on the east side of N.E. 5 Avenue (Southbound Federal
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(Quasi Judicial
Highway), 112’ north of N.E. 1 Street (131-185 N.E. 5 Avenue).
Hearing)
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. Mr. Levinson stated he met with Jason Mankoff and Michael Weiner.
Mayor Perlman stated he had a meeting with Jason Mankoff and Michael Weiner. Mrs.
Ellis stated she had a meeting with Jason Mankoff and Michael Weiner and Mrs. Archer
stated had a meeting with Jason Mankoff and Michael Weiner, as well.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2005-289 into the record.
Mr. Dorling stated the property consists of Lots 2-8 and a portion of Lot 9,
Block 107 Town of Delray Beach subdivision and contains 1.26 acres. The property
contains six structures that were constructed between 1937 and 1986. A development
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proposal has been submitted which involves the demolition of the existing structures and
construction of a mixed use project that contains 47 condominium dwelling units, 3,952
square feet of retail floor area, and 5,874 square feet of office floor area. The structure is
a 5-story building with a two level parking facility containing 132 spaces, located behind
the commercial uses along Federal Highway and underneath the dwelling units. The
recreational facilities consist of a clubhouse and pool on the third story adjacent to
Federal Highway. The development proposal includes an increase to the building height
from 48 feet to 57 feet and an increase of residential density above 30 dwelling units per
acre (37.30 du/ac proposed), which both require conditional use approval. The
conditional use application includes a waiver request to four (4) sections of the City’s
LDR’s as listed in the Planning and Zoning staff report. Mr. Dorling stated these waivers
would be considered further during the Site Plan Review and Appearance Board
(SPRAB) process.
At its meeting of September 19, 2005, the Planning and Zoning Board
held a public hearing in conjunction with the request. There were several persons that
spoke in opposition to the increase in height and density. After discussing the proposal,
the Board voted 5-2 (Borchardt and Zacks opposed) to recommend approval of the height
and density subject to six (6) conditions of approval outlined on pages 17 & 18 of the
Planning and Zoning staff report. Staff recommends approval.
Michael Weiner, Attorney with Weiner and Aronson, P.A., 102 N.
Swinton Avenue, Delray Beach (representing the applicant), stated Mr. Francisco Perez-
Azua will present the information.
Francisco Perez-Azua, Architect, gave a brief PowerPoint presentation
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regarding the architecture for this project and stated 5 Avenue at Delray is a mixed use
project on Federal Highway.
Mayor Perlman stated if there is anyone from the public who would like to
speak in favor or in opposition of the conditional use request, to please come forward at
this time.
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Jarrod Becker, 426 N.E. 7 Avenue #1-B, Delray Beach, expressed
concern over the height of these buildings and stated he refers to these buildings as “sun
blockers”. He stated the buildings are looking similar to West Palm Beach.
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Dwayne Springer, owner of the northeast corner of 1 and Federal
Highway (Atlantic Blinds and Flooring), stated this is a beautiful project and he would be
proud to have it next to his building.
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Cecelia Boone, 239 N.E. 1 Avenue, Delray Beach (Pineapple Grove),
stated she is very impressed with this project and feels this is the first project she has seen
that has complied with the new design guidelines.
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Deb Bennett, 137 Seabreeze Avenue, Delray Beach, stated she concurs
that this is an attractive project, but expressed concern over the big buildings blocking off
the breezes and keeping in the heat. She stated this project would be just as attractive
without the top layer.
Andy Katz, 220 S. Ocean Boulevard, Delray Beach, stated this is a very
creative design; however, he would like to see one floor less and lower density of units.
There being no one else from the public who wished to address the
Commission regarding the conditional use, the public hearing was closed.
Prior to the vote, Mayor Perlman stated the height limit in Delray Beach
effectively in limited areas is 60 feet and the conception of this project is 48 feet. He
stated the height is 48 feet and one can get 60 feet if you jump through a series of hoops
that were put into place in the 1990’s. In his opinion, Mayor Perlman stated years ago,
Federal Highway was filled with prostitutes, used car lots, and virtually no investment or
economic activity in that corridor. He stated because of the innovative zoning and
planning that went on it incentivized people, to now where this is a highly desirable area
the City could end up with a project of this quality. This would not have happened if the
City had suburban densities or restrictive heights in place beyond what we already have.
Mayor Perlman stated these things were made possible because of the zoning that has
been in place in this area. He stated down the road he would like to review the
performance standards to insist on more affordability. Mayor Perlman stated you cannot
stop growth; however, you can manage it. He stated Delray Beach manages growth very
well and believes this is why there are cities from all around the country coming here to
see what Delray Beach has accomplished in terms of design guidelines and planning.
Therefore, Mayor Perlman stated he supports the project.
Mr. Levinson commended Mr. Perez-Azua for proving that the design
guidelines can work effectively. He stated this is a gorgeous project which promotes
what the community wants with amenities, retail, and parking. He stated the City has a
height limit of 60 feet.
Mrs. Ellis concurred with comments expressed by Mr. Levinson and stated
the project is a beautiful design. She stated she spent many hours in the Charettes and the
design guideline process.
Mrs. Archer stated this is a gorgeous building and commended Mr. Perez-
Azua for his beautiful architecture.
Mrs. Archer moved to approve the conditional use request to allow for a
building height in excess of 48 feet, density increase to 37.30 dwelling units per acre, and
th
waivers for 5 Avenue at Delray, by adopting the findings of fact and law contained in
the staff report, and finding that the request is consistent with the Comprehensive Plan
and meets criteria set forth in Section 2.4.5(E)(5), 2.4.7(B)(5), 4.3.4(J)(4)(b),
l
4.4.13()[Performance Standards] and Chapter 3 of the LDR’s, subject to the conditions
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listed in the Planning and Zoning staff report, seconded by Mr. Levinson. Upon roll call
the Commission voted as follows: Mrs. Archer – Yes; Mr. Levinson – Yes; Mayor
Perlman – Yes; Mrs. Ellis – Yes. Said motion passed with a 4 to 0 vote.
At this point, the time being 7:27 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10.PUBLIC HEARINGS:
10.A.ORDINANCE NO. 73-05:
An ordinance amending Chapter 32,
“Departments, Boards, and Commissions”, by enacting Sections 32.60 et seq creating a
Police Advisory Board. Prior to consideration of passage of this ordinance on Second
and FINAL Reading, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 73-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 32, “DEPARTMENTS,
BOARDS AND COMMISSIONS”, BY ENACTING A
NEW SUBHEADING ENTITLED “CITY OF DELRAY
BEACH-POLICE ADVISORY BOARD” AND
ENACTING SECTIONS 32.60 ET SEQ, CREATING A
POLICE ADVISORY BOARD; PROVIDING FOR THE
ESTABLISHMENT; PURPOSE; COMPOSITION;
APPOINTMENT; QUALIFICATIONS OF MEMBERS;
DUTIES AND RESPONSIBILITIES; AND MEETINGS
OF THE POLICE ADVISORY BOARD; PROVIDING A
SAVING CLAUSE; GENERAL REPEALER CLAUSE;
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 73-05 is on file in the City Clerk’s
office.)
Brian Shutt, Acting City Attorney, read the caption of the ordinance. A
public hearing was held having been legally advertised in compliance with the laws of the
State of Florida and the Charter of the City of Delray Beach, Florida.
Mrs. Ellis moved to adopt Ordinance No. 73-05 on Second and FINAL
Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows:
Mr. Levinson – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes. Said
motion passed with a 4 to 0 vote.
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10.B.WAIVER OF BIDDING REQUIREMENTS/BUS SHELTER
INSTALLATION:
Consider approval of waiving the requirements of Section 36.02,
“Acquisition of Personal Property, Supplies, or Contractual Services”, and Section 36.05,
“Bidding Procedures”, of the Code of Ordinances, for the installation of bus shelters.
The City Manager stated the City went out to bid and received no bids.
Therefore, the staff would like to waive the bidding requirement and negotiate with local
contractors to find someone to do the work.
Mayor Perlman declared the public hearing. There being no one from the
public who wished to speak in favor or in opposition of the waiver, the public hearing
was closed.
Mrs. Archer stated when and if the City goes through this process how
long will it take to find someone to construct and build the bus shelters.
Dick Hasko, Director of Environmental Services, stated the bus shelters
are being prefabricated now; however, staff has to get a local contractor to actually install
the bus shelters. He stated staff was in the process of soliciting quotes when Hurricane
Wilma hit and therefore is still soliciting numbers from contractors. Mr. Hasko stated
staff expects that the anticipated cleanup and reconstruction requirements are not going to
have too much of a negative impact on the bus shelter project.
Mrs. Archer stated she is hopeful that the first bus shelter will be installed
before she leaves office in March 2006.
Mrs. Archer moved to approve the waiver of bidding requirements for the
installation of bus shelters, seconded by Mrs. Ellis. Upon roll call the Commission voted
as follows: Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes; Mr. Levinson –
Yes. Said motion passed with a 4 to 0 vote.
Item
At this point, the time being 7:34 p.m., the Commission moved to
11, Comments and Inquiries on Non-Agenda Items from the City Manager and the
Public.
11.A.City Manager’s response to prior public comments and inquiries.
The City Manager had no response to prior public comments and
inquiries.
11.B.From the Public.
None.
At this point, the time being 7:34 p.m., the Commission moved back to
Item 9.D. of the Regular Agenda.
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11/01/05
9.D.BID AWARD/SPECIAL PRODUCTS GROUP:
Consider approval of
a bid award to second lowest bidder, Special Products Group, at an estimated annual cost
of $75,935.25 for the purchase of uniforms for the Police Department. Funding is
available from 001-2111-521-52.22 (Public Safety/Uniforms/Linen), 001-2113-521-
52.22 (Support Services/Uniforms/Linen), 001-2115-521-52.22 (Investigation/Special
Ops./ Uniforms/Linen), 001-2117-521-52.22 (District 1/Uniforms/Linens), 001-2119-
521-52.22 (District 2/Uniforms/Linens), and 001-2121-521-52.22 (District 3/Uniforms/
Linens).
The City Manager stated this is a bid award for uniforms for the Police
Department and staff recommends the bid award to Special Products Group (second
lowest bidder) because the lowest bidder was not fully responsive to the bid
specifications.
Mrs. Ellis moved to approve the bid award to Special Products Group
(second lowest bidder), seconded by Mrs. Archer. Upon roll call the Commission voted
as follows: Mayor Perlman – Yes; Mrs. Archer – Yes; Mr. Levinson – Yes; Mrs. Ellis –
Yes. Said motion passed with a 4 to 0 vote.
9.E. AGREEMENTS/COMMUNITY CHILD CARE
CENTER/CHILDREN’S CASE MANAGEMENT ORGANIZATION:
Consider
approval of the agreements between the City of Delray Beach and the Community Child
Care Center (CCCC) and the Children’s Case Management Organization (CCMO) as the
non-profit providers of services at the Village Academy Beacon Center, pursuant to the
City’s contract with the Children’s Services Council of Palm Beach County (CSC).
Lula Butler, Director of Community Improvement, stated this item is for
Commission to consider approval of the formal agreements between the City of Delray
Beach and the Community Child Care Center (CCCC) and the Children’s Case
Management Organization (CCMO)for carrying out the services at the Village Academy
Beacon Center. Approximately one month ago the Commission approved the contract
between the City of Delray Beach and the Children’s Services Council of Palm Beach
County (CSC). Staff recommends approval.
Mr. Levinson stated this is basically the same amount of money the City
has had for years and the Community Child Care Center has been able to leverage that to
service a lot more people than ever before. Mrs. Butler stated there are currently 425
students in the Beacon Center and another 350 students in the Community Child Care
Center.
Mr. Levinson moved to approve the agreements between the City of
Delray Beach and the Community Child Care Center and Children’s Case Management
Organization as the non-profit partners providing services at the Beacon Center at Village
Academy Elementary School, seconded by Mrs. Archer. Upon roll call the Commission
voted as follows: Mrs. Archer – Yes; Mr. Levinson – Yes; Mrs. Ellis – Yes; Mayor
Perlman – Yes. Said motion passed with a 4 to 0 vote.
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11/01/05
9.F. OLD SCHOOL SQUARE PARKING GARAGE/CM AT RISK
CONTRACT:
Consider approval of the Selection Committee’s rankings of the
Proposals for the Old School Square Parking Garage CM At Risk and authorize staff to
proceed with contract negotiations with the top ranked firm, Catalfumo Construction,
Ltd.
Dick Hasko, Director of Environmental Services, stated the City had six
(6) respondents and went to the Phase II process and limited the list to three (3)
respondents. He stated staff had some very competitive presentations that the Review
Committee heard in October.
Mr. Levinson asked if there is a timeline for pre-construction services
negotiations and if there is a date set for a Guaranteed Maximum Price (GMP). Mr.
Hasko stated he would like get the pre-construction services negotiations set as quickly as
possible (at the next regular Commission meeting or as a special item at the Workshop
meeting). Mr. Hasko stated he does not have a timeline for the GMP yet.
Mr. Levinson thanked the staff committee for reviewing all the proposals.
Mr. Levinson moved to approve the Selection Committee’s rankings of
the Proposals for the Old School Square Parking Garage CM At Risk and authorize staff
to proceed with contract negotiations with the top ranked firm, Catalfumo Construction,
Ltd., seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs.
Archer – Yes; Mr. Levinson – Yes; Mayor Perlman – Yes; Mrs. Ellis – No. Said motion
passed with a 3 to 1 vote, Commissioner Ellis dissenting.
9.G.FLORIDA LEAGUE OF CITIES, INC./FLORIDA CITIES OF
EXCELLENCE AWARDS BANQUET:
Consider purchasing a table in the amount of
$750.00 at the Florida League of Cities’ Florida Cities of Excellence Awards Banquet to
be held on November 18, 2005 in Orlando, Florida. Funding is available from 001-1111-
511-48.10 (General Fund/Commission Special Event Contingency).
Mayor Perlman stated the City Manager has been selected as a finalist for
the City Manager of the Year in the “Florida Cities of Excellence Awards” program. The
Florida League of Cities will hold an Awards Banquet on Friday, November 18, 2005 in
Orlando.
After brief discussion, it was the consensus of the Commission to purchase
two tables.
Mrs. Ellis moved to approve to purchase up to two tables at the Florida
League of Cities’ Excellence Awards Banquet to be held in Orlando, Florida on
November 18, 2005, seconded by Mrs. Archer. Upon roll call the Commission voted as
follows: Mr. Levinson – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer –
Yes. Said motion passed with a 4 to 0 vote.
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11/01/05
9.H. APPOINTMENT TO THE CIVIL SERVICE BOARD:
Appoint one
(1) alternate member to the Civil Service Board for an unexpired term ending July 1,
2006. Based upon the rotation system, the appointment will be made by Mayor Perlman
(Seat #5).
Mayor Perlman stated he wished to appoint Eric Luckman as an alternate
member to the Civil Service Board for an unexpired term ending July 1, 2006. Mr.
Levinson so moved, seconded by Mrs. Ellis. Upon roll call the Commission voted as
follows: Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes; Mr. Levinson –
Yes. Said motion passed with a 4 to 0 vote.
9.I. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY
COUNCIL:
Appoint three (3) regular members (one member for each Zone 1, 5, & 6)
and an At Large Representative to the Neighborhood Advisory Council for two (2) year
terms ending October 31, 2007. Based upon the rotation system, the appointments will
be made by Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3),
Commissioner McCarthy (Seat #4), and Mayor Perlman (Seat #5).
Mrs. Archer moved to appoint L’Tanya Allen as a regular member (Zone
5) to the Neighborhood Advisory Council for a two (2) year term ending October 31,
2007, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs.
Archer – Yes; Mr. Levinson – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes. Said motion
passed with a 4 to 0 vote.
Mr. Levinson moved to reappoint Fred Fetzer as a regular member (Zone
6) to the Neighborhood Advisory Council for a two (2) year term ending October 31,
2007, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mayor
Perlman – Yes; Mrs. Archer – Yes; Mr. Levinson – Yes; Mrs. Ellis – Yes. Said motion
passed with a 4 to 0 vote.
Ms. McCarthy’s appointment has been deferred due to her absence.
Mayor Perlman stated he wished to reappoint Patricia Westall as an At
Large Representative to the Neighborhood Advisory Council for a two (2) year term
ending October 31, 2007. Mrs. Ellis so moved, seconded by Mr. Levinson. Upon roll
call the Commission voted as follows: Mrs. Archer – Yes; Mr. Levinson – Yes; Mrs.
Ellis – Yes; Mayor Perlman – Yes. Said motion passed with a 4 to 0 vote.
9.J. AMENDMENT/9-1-1 INTERLOCAL AGREEMENT:
Consider
approval of Amendment #001 to the Interlocal Agreement between Palm Beach County
and the City of Delray Beach regarding the renewal terms of the agreement and
addressing within municipal boundaries.
Mr. Levinson moved to approve Amendment #001 to the Interlocal
Agreement between Palm Beach County and the City of Delray Beach, seconded by Mrs.
Ellis. Upon roll call the Commission voted as follows: Mr. Levinson – Yes; Mayor
Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes. Said motion passed with a 4 to 0
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11/01/05
vote.
9.K.RESOLUTION NO. 87-05:
Consider approval of Resolution No. 87-05
regarding waiving the City’s building regulations as it relates to temporary housing.
The caption or Resolution No. 87-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, RELATING TO
EMERGENCY MANAGEMENT; CONFIRMING A
DECLARATION OF A STATE OF EMERGENCY;
AUTHORIZING THE SUSPENSION OF CERTAIN
CITY CODES, RULES AND REGULATIONS
RELATING TO TEMPORARY HOUSING; THIS
RESOLUTION SHALL BE VALID UNTIL DECEMBER
14, 2005, UNLESS EXTENDED BY THE CITY
COMMISSION.
(The official copy of Resolution No. 87-05 is on file in the City Clerk’s
office.)
Mr. Levinson moved to approve Resolution No. 87-05, seconded by Mrs.
Archer. Upon roll call the Commission voted as follows: Mayor Perlman – Yes; Mrs.
Ellis – Yes; Mrs. Archer – Yes; Mr. Levinson – Yes. Said motion passed with a 4 to 0
vote.
9.L.CHANGE ORDER NO. 3 (CONTRACT ADDITION)/ROSSO
PAVING AND DRAINAGE, INC.:
Approve Change Order No. 3 (Contract Addition)
th
in the amount of $75,958.65 to Rosso Paving and Drainage, Inc. for the N.E. 4 Avenue
Project. Funding is available from 334-3162-541-65.81 (General Construction Fund/N.E.
thth
4 Avenue), 448-5461-538-65.81 (Stormwater Utility Fund/N.E. 4 Avenue), and 442-
5178-536-63.50 (Water/Sewer Renewal and Replacement Fund/Water Mains).
Mr. Levinson stated he moved this item from the Consent Agenda because
some of the changes might have been an error by the architect/engineer or general
contractor.
Dick Hasko, Director of Environmental Services, stated most of the
additional costs are the results of omissions on the plans. Mr. Levinson stated he would
like staff to proceed on the errors and omissions and aggressively pursue some of these
funds.
Mr. Levinson moved to approve Change Order No. 3 (Contract Addition)
th
in the amount of $75,958.65 to Rosso Paving and Drainage, Inc. for the N.E. 4 Avenue
Project with the proviso that the City of Delray Beach seeks restitution on those which
were errors and omissions, seconded by Mrs. Ellis. Upon roll call the Commission voted
as follows: Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes; Mr. Levinson –
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11/01/05
Yes. Said motion passed with a 4 to 0 vote.
Item
At this point, the time being 7:52 p.m., the Commission moved to
12, First Readings.
12.FIRST READINGS:
12.A.ORDINANCE NO. 74-05:
Rezoning from RO (Residential Office) to R-
th
1-A (Single Family Residential) for a 0.57 acre parcel of land for 9 Street Properties,
ndth
located at the southeast corner of N.E. 2 Avenue (Seacrest Boulevard) and N.E. 9
Street. If passed, a public hearing will be held on November 15, 2005.
The caption of Ordinance No. 74-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED RO (RESIDENTIAL OFFICE) DISTRICT TO
R-1-A (SINGLE FAMILY RESIDENTIAL)
DISTRICT; SAID LAND BEING A PARCEL
LOCATED AT THE SOUTHEAST CORNER OF NE
ND
2 AVENUE (SEACREST BOULEVARD) AND NE
TH
9 STREET, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP
OF DELRAY BEACH, FLORIDA, APRIL 2005";
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 74-05 is on file in the City Clerk’s
office.)
Brian Shutt, Acting City Attorney, read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated the proposed
rezoning involves four platted lots (Lots 13 thru 16, Block 12, Dell Park) totaling 0.57
acres. The properties contain two structures which have previously been used as medical
offices. In 1990, the subject parcels were rezoned from RM-10 (Medium Density
Residential-10 units per acre) to RO (Residential Office) to accommodate the existing
medical office use. The current property owner is proposing to build four single family
residences on the lots being rezoned. A fifth residence is proposed for Lot 12 (located
adjacent to the subject lots), which is currently zoned R-1-A (Single Family Residential).
Single family residences are allowed as a principal (permitted) use within the RO zone
district, however a minimum lot size of 8,000 square feet (80’ frontage/width and 100’
depth minimum) is required within the RO zoning district.
At its meeting of September 19, 2005, the Planning and Zoning Board
held a public hearing in conjunction with the request. There was no public testimony in
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11/01/05
support of or in opposition to the proposal. After brief discussion, the Board voted 6-1
(Gary Eliopoulos dissenting) to recommend approval. Staff recommends approval.
Mr. Levinson moved to approve Ordinance No. 74-05 on FIRST Reading,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer
– Yes; Mr. Levinson – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes. Said motion passed
with a 4 to 0 vote.
12.B. ORDINANCE NO. 75-05:
An ordinance amending Title 13, “General
Offenses”, of the Code of Ordinances, by enacting a new Chapter 136, “Sexual Offenders
and Sexual Predators”, which provides that sexual predators and sexual offenders cannot
reside within 1,500 feet of a designated school, public bus stop, day care center, or park.
If passed, a public hearing will be held on November 15, 2005.
The caption of Ordinance No. 75-05 is as follows:
AN ORDINANCE OF THE CITY OF DELRAY BEACH
AMENDING TITLE 13, “GENERAL OFFENSES”, OF
THE CODE OF ORDINANCES BY ENACTING A NEW
CHAPTER 136, “SEXUAL OFFENDERS AND SEXUAL
PREDATORS”; PROVIDING FOR DEFINITIONS;
PROHIBITING SEXUAL OFFENDERS AND SEXUAL
PREDATORS CONVICTED OF CRIMES UNDER
CERTAIN FLORIDA STATUTES FROM LIVING
WITHIN 1,500 FEET OF SPECIFIED LOCATIONS
WITHIN THE CITY OF DELRAY BEACH AND
PROVIDING FOR PENALTIES; PROVIDING A
SAVING CLAUSE; GENERAL REPEALER CLAUSE;
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 75-05 is on file in the City Clerk’s
office.)
Brian Shutt, Acting City Attorney, read the caption of the ordinance. Mr.
Shutt stated this ordinance provides that sexual predators and sexual offenders cannot
reside within 1,500 feet of a designated school, public bus stop, day care center or park.
He stated Florida Statute is 1,000 feet and therefore Delray Beach is adding an extra 500
feet.
Mrs. Archer asked about the distance requirements of an adult
entertainment establishment in relation to schools and whether or not these adult
entertainment establishments will attract sexual offenders.
Mr. Dorling stated he believes that these establishments cannot be within
1,500 square feet of a school.
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11/01/05
Mr. Levinson inquired about the maps and asked if staff has looked at the
1,500 circles to make sure that the City of Delray Beach is not being overly restrictive.
Mr. Dorling stated these maps can be provided to the Commission on second reading and
it is his understanding that it does severely limit the areas. However, Mr. Dorling noted
that the City of Boynton Beach and the City of Boca Raton have a similar 1,500 foot
distance requirement. Staff has had significant inquiries in the Planning and Zoning
Department as to where people can locate in Delray Beach because currently we are not
as restrictive.
Mayor Perlman stated Delray Beach should be as restrictive as it can
constitutionally.
Mrs. Ellis moved to approve Ordinance No. 75-05 on FIRST Reading,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs.
Archer – Yes; Mr. Levinson – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes. Said motion
passed with a 4 to 0 vote.
Item 13, Comments and
At this point, the Commission moved to
Inquiries on Non-Agenda Items.
13.COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A.City Manager
The City Manager stated the News for Neighborhoods and the Employee
Newsletter give an update on the hurricane. The total estimated damage for the City of
Delray Beach is $150 million of that $40 million is housing and $110 million for
businesses. He stated there are 75 signalized intersections in the city and only 12 of them
are currently functioning and he is very concerned with getting power back in the
downtown area. He stated between Swinton Avenue and the ocean there are 26 block
faces only 6 of them have FPL power at this point. The City Manager stated it is his
understanding that it is due to damage to the substation in Pineapple Grove and could
take approximately two more days before it is repaired. The City Manager stated Old
School Square has cancelled all their events for this week in their buildings. Lakeview
Golf Course will open on Wednesday and depending on when the power is restored will
determine when the Municipal Golf Course will reopen. The back nine is in pretty good
shape and can be opened at some point. The Tennis Center stadium will open tomorrow
from 8:00 a.m. - 5:30 p.m. with eight clay courts and four hard courts available and play
for residents will be free through Sunday. The Sandoway House Gala has been
postponed until sometime in January however we will go ahead with the Garlic Fest. He
stated the City now has power to seventy-five (75) lift stations. For City Hall, staff has
ordered a temporary air conditioning unit that should be delivered on Friday or Saturday
and it will take approximately eight weeks to get the permanent 30 ton unit back on the
roof. The new unit will cost $60,000 and the temporary unit will be $20,000 to rent for
eight weeks. Staff has completed the first debris pass on Linton Boulevard and that crew
started on West Atlantic Avenue this afternoon and with the amendment made this
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11/01/05
evening he believes the contractor will be more successful in getting additional crews to
help speed up the debris collection. Staff has collected information on all the gated
communities and staff is submitting a letter to FEMA through the state for approval to
pick those up. He stated there is a formal emergency permitting process in place in the
Building Division for types of permits that will be issued on the same day basis for
repairs. The City has three contractors signed up to install tarps and this seems to be
working well. Many of the Code Officers are assigned to the debris removal truck
monitoring process and they will be doing that until it is completed (approximately 4-6
weeks to complete the debris collection). The City Manager stated there have been 2 or 3
nights of trains coming through the FEC at night. Leadership Delray and the Residents
Academy have been cancelled both of which were scheduled for next week. The Police
Department is scaling back to a second level immobilization and will be operating at
125% of normal staffing for the next few days. The most damage to a City building was
to Fire Station No. 4 and the entire roof covering blew off and the apparatus bay doors
were destroyed. The City Manager stated repairs are being worked on for this and stated
that the service is not affected in anyway.
13.B.City Attorney
Brian Shutt, Acting City Attorney, had no comments or inquiries on non-
agenda items.
13.C.City Commission
13.C.1.Mrs. Archer
Mrs. Archer thanked the City Manager, staff, and the Commission for all
the hard work during such trying conditions.
She stated she was amazed at the huge devastation on West Atlantic
Avenue with all the trees across the road at the Woodlake subdivision. She is hopeful
that the Australian Pines will be now being taken care of. Also, she stated there is a large
amount of Australian Pines on the western edge of the new western community center
property.
Mrs. Archer stated she represented the City of Delray Beach at Bob
Federspiel’s Memorial Service.
The City Manager stated the Australian Pines are an exotic species and
these trees will be removed from all the properties.
13.C.2.Mrs. Ellis
Mrs. Ellis stated she had the opportunity to sit in on some of the
conference calls from the EOC Center and it was an amazing experience. She
commended the City Manager and staff for their dedication to the City. Mrs. Ellis stated
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11/01/05
the initial response from FEMA was another eye opener and suggested that when things
settle down that the City will take a look at the first response program of their own (i.e.
supply water and ice for the first 24-48 hours) and come up with something for Delray
that Delray can do. She commended the staff for being so dedicated to the community
and thanked the City Manager for his leadership and getting the City where it is.
Secondly, Mrs. Ellis stated she received a copy of the Police and
Firefighters’ Fund Report and noted a few pages were missing. She expressed concern
over the consultants report and asked that the City Manager meet with her to explain the
report in greater detail.
13.C.3. Mr. Levinson
Mr. Levinson echoed comments expressed by Mrs. Ellis regarding the
City employees for their dedication and concern. He suggested that a Workshop meeting
be held with the entire staff in January or February regarding the hurricane response
issue.
Secondly, Mr. Levinson wished Lula Butler, Director of Community
Improvement, a Happy Birthday for tomorrow.
He commented about the debris contract and whether or not the City will
be able to compete effectively for the sub-contractors. Also, he commented about the
burning issue.
Mr. Levinson commented about the pre-authorization for the gated
communities.
He feels the News for Neighborhoods and the Employee Newsletter is
great.
Mr. Levinson thanked Mayor Perlman for addressing the media.
Mr. Levinson expressed concern over the consultants report for the Police
and Firefighters’ Fund and suggested that this issue be placed on a Workshop as a
presentation.
The City Manager urged the Commission to share these concerns
regarding the Police and Firefighters’ Fund with the Legislators because he feels these
Boards are not structured properly. In addition, he stated the appointments that the
Commission has to make to this Board need to be very strong people.
Mr. Levinson expressed concern that if there is some level of control that
we institute whatever needs to be done to bring them into compliance.
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11/01/05
13.C.4.Mayor Perlman
Mayor Perlman stated he spoke to Tony Newbold today regarding the
hurricane and the City is approximately 71% restored; there are approximately 100 issues
in the City with both major and medium seriousness. Seventy-Five (75) of them relate to
the downtown and the problem seems to be at the Linton Substation which is in
Pineapple Grove behind Creations. Mayor Perlman stated there are additional crews in
this area and this is a priority for them. Mr. Newbold stated he believes there will be
incremental progress and is hopeful that within the next two days we should be restored
particularly in the downtown area.
Secondly, Mayor Perlman commented about the State Legislature and the
U.S. Congress about mandating generators for gas stations. He stated it would be much
easier for the City of Delray Beach to pass a local ordinance in Delray Beach than to wait
for the U.S. Congress to act.
Mayor Perlman stated another thing that becomes an issue after a
hurricane is communication. He stated staff did a good job with the News for
Neighborhoods and commented that 3-5 times a day he get on as many local radio
stations as he could with whatever information he had but inevitably you miss people
who tune in looking for Delray information. He stated Boca Raton has a low power radio
station ($25,000 to buy it) and thinks this is a worthwhile investment in case of a disaster
because then there is a loop that calls can be routed through instead of so many calls
being routed through the EOC.
He commended the staff for doing a great job during the aftermath of
Hurricane Wilma and for making themselves visible at all hours.
Mayor Perlman wished Vice Mayor Levinson and Lula Butler, Director of
Community Improvement, a very “Happy Birthday”.
He stated the Workforce Alliance called today and they have grants to
send people to do cleanup in parks.
He stated on November 7, 2005 at 8:00 a.m. at the Delray Beach Golf
Course Representative Adam Hasner is able to get the Small Business Administration
(SBA) to come and this is being coordinated through the Chamber of Commerce via
email and fax for businesses that need information.
Mayor Perlman stated he attended the Downtown/Small Towns event a
few weeks ago and he was on a panel. He stated a City Commissioner from Punta Gorda
approached him and they are looking at Delray Beach as a model for what they would
like to evolve into.
Brief discussion by the Commission continued regarding burying the
power lines at the major cross streets.
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11/01/05
There being no further business, Mayor Perlman declared the meeting
adjourned at 8:42 p.m.
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The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes ofthe Regular City Commission Meeting held
on November I, 2005, which Minutes were formally approved and adopted by the City
Commission on November 15, 2005
~. ~~. ~.\j~
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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11/01/05