11-15-05 Minutes
Commissioner Jeff Perlman
November 15, 2005
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Vice Mayor Levinson in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, November 15, 2005.
1.
Roll call showed:
Present - Commissioner Patricia Archer
Commissioner Rita Ellis
Commissioner Alberta McCarthy
Vice Mayor Levinson
Absent - Mayor Jeff Perlman
Also present were - David T. Harden, City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, City Clerk
2.
The opening prayer was delivered by Rabbi Barry Silver with Congregation
L‘Dor VaDor.
3.
The Pledge of Allegiance to the flag of the United States of America was
given.
4.AGENDA APPROVAL.
Item 8.Q., Visa
Vice Mayor Levinson noted the addition of
Check/Mastercard Class Action Litigation,Item 8.R., CM At Risk Contract/Old
and
School Square Parking Garage/Preconstruction Services
, to the Consent Agenda by
addendum.
Item 8.R., CM At
The City Attorney stated there will be small changes to
Risk Contract/Old School Square Parking Garage/Preconstruction Services
to include
the language which incorporates the Exhibit.
Mrs. Archer moved to approve the Agenda as amended, seconded by Mrs.
Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis – Yes; Mrs. Archer – Yes;
Vice Mayor Levinson – Yes; Ms. McCarthy – Yes. Said motion passed with a 4 to 0 vote.
5.APPROVAL OF MINUTES:
Mrs. Ellis moved to approve the Minutes of the Regular Meeting of
November 1, 2005, seconded by Mrs. Archer. Upon roll call the Commission voted as
follows: Mrs. Archer – Yes; Vice Mayor Levinson – Yes; Ms. McCarthy – Yes; Mrs. Ellis –
Yes. Said motion passed with 4 to 0 vote.
11/15/05
Ms. McCarthy moved to approve the Minutes of the Workshop Meeting of
November 8, 2005, seconded by Mrs. Archer. Upon roll call the Commission voted as
follows: Vice Mayor Levinson – Yes; Ms. McCarthy – Yes; Mrs. Ellis – Yes; Mrs. Archer –
Yes. Said motion passed with 4 to 0 vote.
6.PROCLAMATIONS:
6.A.Recognizing and Commending Alan Antolic
Vice Mayor Levinson read and presented a proclamation hereby recognizing
Alan Antolic
and congratulating for his quick recognition of a medical emergency in
progress and prompt and appropriate intervention, resulting in the saving of a life in our
community. Alan Antolic came forward to accept the proclamation and thanked the
Commission.
6.B.Recognizing and Commending the Delray Beach Ocean Rescue Lifeguard
Competition Team
Vice Mayor Levinson read and presented a proclamation hereby recognizing
and commending the Delray Beach Ocean Lifeguard Competition Team. The following
individuals came forward to accept a proclamation:
Ocean Rescue Officer Nina Mattos, EMT
Ocean Rescue Officer Jo Wagenhals, EMT
Ocean Rescue Officer James Scala, EMT
Ocean Rescue Officer Todd Rapp, EMT
Ocean Rescue Officer Mark Henkle, Paramedic – EMT
Ocean Rescue Officer Regis Smeltz, Paramedic – EMT
Ocean Rescue Officer Shaun Gibson, Paramedic – EMT
Ocean Rescue Officer Trainee – Brenden Hays
Bob Taylor, Ocean Rescue Superintendent
Bob Taylor came forward to accept the proclamation and gave a few brief
comments.
6.C.Recognizing and Commending the South Florida Dynamics Baton
Twirling Corps
Commissioner Ellis read and presented a proclamation hereby recognizing
and commending the South Florida Dynamics Baton Twirling Corps. Jeanne Chwalik came
forward to accept the proclamation and gave a few brief comments.
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6.D.St. Paul AME Church – 108 Anniversary
Commissioner McCarthy read and presented a proclamation hereby
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recognizing and commending St. Paul A.M.E. Church on its 108 Year Celebration in the
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City of Delray Beach, Florida. Reverend Dr. Waymon T. Dixon came forward to accept the
proclamation, gave a few brief comments, and introduced members of their Civic Board. He
commented about Item 7.E., Update on R.A.C.E. (Relationship between Authorities,
Citizens, and Experts), Samuel E. Mathis, Jr., Diversity Business Strategist and Advisor.
7.PRESENTATIONS:
7.A.Special Recognition Award – Brittany Smith
Brittany Smith
Vice Mayor Levinson read and presented the award to who
told her heroic story. Ms. Smith administered CPR to a woman who fell in Albertson’s and
cracked her head open and was not breathing.
7.B.Special Recognition Award – Marty Riger
Marty Riger
Commissioner Archer read and presented the award to who
gave a few brief comments.
7.C. “Spotlight on Youth” – John Morley, President of the Delray Beach
Youth Council
John Morley
, President of the Delray Beach Youth Council, gave a brief
overview of what is going on with the Delray Beach Youth Council and what they would like
to accomplish.
7.D.“Spotlight on Neighborhoods” – Gail-Lee McDermott, Chairman,
Neighborhood Advisory Council
Gail-Lee McDermott, Chairman of the Neighborhood Advisory Council,
thanked Janet Meeks, Education Coordinator and stated this is the second year of the
Neighborhood Advisory Council and she is the third President. She stated their slogan is
“Improving Delray Beach Neighborhood by Neighborhood” and their mission statement is
“Enhancing the Quality of Life in Delray Beach by Educating, Assisting, and
Communicating with Community Associations and Residents to improve their
neighborhoods with the aid of available city services and resources.” Ms. McDermott briefly
highlighted the Neighborhood Advisory Council’s activities and goals. She stated the most
difficult point they have been working on is Land Development Regulations (LDR’s) for
construction management so that the residents of Delray Beach can live with the growth.
This will be discussed on November 21, 2005. She stated in the future the Neighborhood
Advisory Council is looking into beautification for neighborhoods due to Hurricane Wilma.
7.E. Update on R.A.C.E. (Relationship between Authorities, Citizens, and
Experts), Samuel E. Mathis, Jr., Diversity Business Strategist and Advisor
Samuel E. Mathis, Jr., Diversity Business Strategist and Advisor, gave a brief
PowerPoint presentation regarding an update on R.A.C.E. (Relationship between Authorities,
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Citizens, and Experts). Mr. Mathis highlighted the meetings that have taken place, the
strategy, and the various focus areas.
Mr. Mathis stated the collective efforts of the body that had come together
began to look at six (6) key issues that surfaced from those concerns and the following
priorities were established: (1) the first issue was an Independent review of the Use of Force
Policy by the Police Department that was embarked upon by a third party entity that was
hired and engaged by the Police Department, (2) a feasibility study of the Citizens Police
Advisory Board and an actual recommendation was formulated and approved by this body,
(3) a community policing initiative that had already been underway but looked at ways to
enhance it with the initiation of the Police Advisory Board, (4) Race Relations and Diversity
Training to be reviewed and evaluated, (5) Police Department to assess employment and
recruitment of minority officers, looked at current initiatives and how to enhance those to
provide greater diversity within the department along with promotions throughout the
department and its ranks, (6) for the City of Delray Beach to advance its current Race
Relations strategy which was launched in mid-February.
Mr. Mathis stated March 2006 is the projected timeline to address all issues in
the R.A.C.E. report. Due to Hurricane Wilma, they could not meet in October; however, the
last meeting included the selection process for the Police Advisory Board. Once the
applications were received, it was agreed upon that what they would do at the following
meeting was to offer 13 representatives for that Board for the Mayor’s recommendation. He
th
stated the next meeting is scheduled for November 29 and will include looking through the
multitude of applications that were submitted. Thirteen candidates will be selected based
upon the approved process of the Advisory Committee and it will then go to the City
Commission for approval.
Brief discussion between Mr. Mathis and the Commission followed.
8.CONSENT AGENDA: City Manager Recommends Approval.
8.A.RESOLUTION NO. 84-05:
Approve Resolution No. 84-05 abandoning a
portion of Dixie Highway Right-Of-Way, directly adjacent to Lot 2 and a portion of Lot 3 of
the plat of Delray Beach Estates, approximately 1,760 feet south of Gulf Stream Boulevard.
The caption of Resolution No. 84-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF DIXIE HIGHWAY RIGHT-
OF-WAY (ROW) LYING ADJACENT TO LOT 2 AND A
PORTION OF LOT 3, DELRAY BEACH ESTATES, LOCATED
APPROXIMATELY 1,760 FEET SOUTH OF GULF STREAM
BOULEVARD, AS MORE PARTICULARLY DESCRIBED
HEREIN.
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(The official record of Resolution No. 84-05 is on file at the City Clerk’s
Office.)
8.B.FINAL SUBDIVISION PLAT APPROVAL/NORTH FEDERAL
HIGHWAY REPLAT:
Approve the subdivision plat for the North Federal Highway
Replat, a minor subdivision, located between Old Dixie Highway and Federal Highway,
nd
north of N.E. 22 Street.
8.C.INITIATION OF CITY PROPOSED REZONING:
Formally initiate a
City proposed rezoning from CBD-RC (Central Business District – Railway Corridor) to
CBD (Central Business District) for a portion of Lots 9, 13, and 14 of Block 78; Lots 15 and
nd
16 of Block 78; and a portion of Block 86, located on the east side of S.E. 2 Avenue,
st
approximately 90’ south of S.E. 1 Street.
8.D.INTERLOCAL AGREEMENT/PALM BEACH COUNTY/DROWNING
PREVENTION COALITION:
Approve an Interlocal Agreement with Palm Beach County
to provide a Learn to Swim Program at Pompey Park and the Delray Swim and Tennis
Center through the Drowning Prevention Coalition of Palm Beach County.
8.E. RATIFICATION OF THE APPOINTMENTS TO THE
NEIGHBORHOOD ADVISORY COUNCIL:
Approve and ratify the November 1, 2005
Neighborhood Advisory Council Appointments for three (3) year terms as per Section 32.46
of the City Code of Ordinances.
8.F. CHANGE ORDER NO. 2/FINAL PAYMENT/CHAZ EQUIPMENT
COMPANY, INC.:
Approve Change Order No. 2 in the amount of a $57,281.22 decrease
and final payment in the amount of $34,916.13 to Chaz Equipment Company, Inc. for
completion of the Area 1 Reclaimed Water System Project. Funding is available from 441-
5181-536-65.96 (Water/Sewer Fund/Reclaimed Water Transmission).
8.G.CHANGE ORDER NO. 2 (CONTRACT ADDITION)/RANDOLPH &
DEWDNEY CONSTRUCTION, INC.:
Approve Change Order No. 2 (Contract Addition)
to the Fire Apparatus Maintenance Building Project in the amount of $26,800.00 to
Randolph & Dewdney Construction, Inc. for demolition and reconstruction of the Old School
Square south entrance canopy. Funding is available from 334-6112-572-46.12 (General
Construction Fund/Old School Square Roof Repair).
8.H. CONTRACT ADDITION/MURRAY LOGAN CONSTRUCTION, INC.:
Approve a Contract Addition in the amount of $21,750.00 via the Northern Palm Beach
County Improvement District’s Continuing Maintenance Contract to Murray Logan
Construction, Inc. for additional work relating to the Upgrade of Lift Station 100A Project.
Funding is available from 442-5178-536-68.15 (Water/Sewer Renewal and Replacement
Fund/Lift Station Rehabilitation).
8.I. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY:
Approve a
fund subsidy for one (1) eligible applicant/family in the amount of $49,000.00 for 203 N.W.
th
10 Avenue. This brings the number to 161 homeowners assisted under the Renaissance
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Program. Funding is available from 118-1924-554-49.20 (Home Owner Subsidy).
8.J. SUPPLEMENTAL PRE-DESIGN SERVICES/PGAL, INC.:
Approve a
proposal in the amount of $16,989.00 from PGAL, Inc. for supplemental pre-design
consulting services regarding the preparation of construction documents for the Old School
Square Parking Garage Project. Funding is available from 380-4150-572-63.29 (2004 G.O.
Bond/Parks & Recreation/Old School Square).
8.K. CHANGE ORDER NO. 1 (CONTRACT ADDITION)/RANGER
CONSTRUCTION, INC.:
Approve Change Order No. 1 (Contract Addition) in the amount
of $220,295.95 to Ranger Construction, Inc. to add the 2006 Street Resurfacing Project to the
current 2005 Resurfacing Contract. Funding is available from 334-3162-541-61.17 (General
Construction Fund/Resurfacing).
8.L. CHANGE ORDER NO. 1/JMW CONSTRUCTION CORPORATION:
Approve Change Order No. 1 in the amount of $133,257.85 to JMW Construction
Corporation for additional amenities to the Lake Ida Park Project; a Palm Beach County
Grant will fund $100,000.00. Funding is available from 380-4150-572-63.26 (2004 G.O.
Bond/Lake Ida Park) and 448-5461-538-63.90 (Stormwater Utility Fund/Other
Improvements).
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8.M. RIGHT OF ENTRY AND LICENSE AGREEMENT/145 N.E. 4
AVENUE:
Approve and accept a right of entry and license agreement with O.D. Priest, Jr.
to allow the removal of asphalt parking and the installation of a paver sidewalk.
TH
8.N. FLORIDA EAST COAST RAILWAY COMPANY (FEC)/S.E. 4
STREET CROSSING REHABILITATION:
Approve a reimbursement to the Florida
East Coast Railway Company (FEC) in the amount of $20,427.72 for reconstruction of the
th
S.E. 4 Street crossing per provisions of the 1952 FEC Agreement. Funding is available
from 334-3162-541-46.90 (General Construction Fund/FEC Crossing Rehab/Other
Repair/Maintenance Costs).
8.O. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the
period October 24, 2005 through November 11, 2005.
8.P. AWARD OF BIDS AND CONTRACTS:
1.
Purchase award to Ten-8 Fire Equipment, Inc. of Bradenton,
Florida/Pierce Manufacturing, Inc. in the amount of $382,450.00 for
the purchase of one (1) 2006 Pierce Manufacturing, Inc. Special
Operations Vehicle for the Fire Department. Funding is available
from 501-3312-591-64.25 (Central Garage Fund/Heavy Equipment).
2.
Approve a purchase order with Line Tech, Inc. in the amount of
$25,000.00 via the City of Boynton Beach Contract, Bid No. 022-
2821-04/JA for the Water Service Relocation Project. Funding is
available from 442-5178-536-65.17 (Water/Sewer Renewal and
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Replacement Fund/Water Service Relocations).
Prior to the vote, Vice Mayor Levinson stated the City now has 161
Item 8.L.,
renaissance program homes which he believes is spectacular. With regard to
Change Order No. 1 (Contract Addition)/Ranger Construction, Inc.,
he thanked the
County for the grant for Lake Ida Park and asked that this be communicated to the Lake Ida
Item
Property Owners’ Association. Also, he noted that the Consent Agenda does include
8.Q. and Item 8.R.
Mrs. Archer moved to approve the Consent Agenda as amended, seconded by
Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy – Yes; Mrs.
Ellis – Yes; Mrs. Archer – Yes; Vice Mayor Levinson – Yes. Said motion passed with a 4 to
0 vote.
At this point, the time being 7:00 p.m., the Commission moved to the duly
advertised public hearings portion of the Agenda.
10.PUBLIC HEARINGS:
10.A.ORDINANCE NO. 74-05:
Rezoning from RO (Residential Office) to R-1-A
th
(Single Family Residential) for a 0.57 acre parcel of land for 9 Street Properties, located at
ndth
the southeast corner of N.E. 2 Avenue and N.E. 9 Street. Prior to consideration of passage
of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be
(Quasi Judicial Hearing)
held at this time.
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
NDTH
NE 2 AVENUE AND NE 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 record of Ordinance No. 74-05 is on file at the City Clerk’s
Office.)
The City Attorney read the caption of the ordinance. The City Attorney read
the caption of the ordinance. A public hearing was held having been legally advertised in
compliance with the laws of the State of Florida and the Charter of the City of Delray Beach,
Florida.
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Vice Mayor Levinson 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.
Vice Mayor Levinson asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning project file #2005-342 into the record.
The proposal involves four platted lots (Lots 13 through 16, Block 12, Dell
Park), totaling 0.57 acres. 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. Single family residences are allowed as a principal (permitted) use
within the RO zoning district, however a minimum lot size of 8,000 square feet (80 foot
frontage/width and 100 foot depth minimum) is required within the RO zoning district.
Based on the lot size requirements under the RO regulations, only two single family
residences could be accommodated on the subject parcel.
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 support of
or opposition to the proposal. After discussing the proposal, the Board voted 6-1 (Gary
Eliopoulos dissenting) to recommend approval of the rezoning. Staff recommends approval
subject to the positive findings as outlined in the Planning and Zoning staff report.
Pam Maugham, Weiner & Aronson, P.A., 102 N. Swinton Avenue, Delray
Beach, representing Ninth Street Properties, LLC, gave a brief overview of the project.
Vice Mayor Levinson stated if anyone from the public would like to speak in
favor or in opposition of the rezoning, to please come forward at this time.
Mr. Dorling gave the following rebuttal:
Mr. Dorling clarified that the RO (Residential Office) zoning does not allow
multi-family development. Secondly, he stated although the staff report indicates that it
meets one of those criteria, it does not meet all three criteria.
Mrs. Ellis asked if the side setbacks are for a 50 foot lot. In response, Mr.
Dorling stated he believes the setbacks are 7½ feet in the R-1-A (Single Family Residential)
zoning district.
The City Manager stated there is a requirement in other single family districts
(i.e. R-1-AA) that if you have a combination of lots which meets the current width
requirement you cannot separate them even though they would already be platted; however,
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11/15/05
in the R-1-A (Single Family Residential) zoning district you can.
For the record, Ms. McCarthy stated when the modifications were made the
65 foot minimum is the ideal for new construction. She stated within the ordinance as well,
it does state that if a neighborhood has a 50 foot frontage lot already in existence that this
would be taken into consideration. In addition, Ms. McCarthy noted that because this was
established originally in 1978, this City has tried often to grandfather in existing buildings
with their zoning even if it did not match a master plan that was going in place or was being
devised by a neighborhood in consideration to existing businesses and she hopes we continue
this practice.
Mrs. Ellis moved to adopt Ordinance No. 74-05 on Second and FINAL
Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs.
Ellis – Yes; Mrs. Archer – Yes; Vice Mayor Levinson – Yes; Ms. McCarthy – Yes. Said
motion passed with a 4 to 0 vote.
10.B.ORDINANCE NO. 56-05 (REVISED FIRST READING FOR
COMPREHENSIVE PLAN AMENDMENT 2005-2):
Public Hearing for Comprehensive
Plan Amendment 2005-2.
The caption of Ordinance No. 56-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ADOPTING
COMPREHENSIVE PLAN AMENDMENT 2005-2, PURSUANT
TO THE PROVISIONS OF THE “LOCAL GOVERNMENT
COMPREHENSIVE PLANNING AND LAND DEVELOPMENT
REGULATION ACT”, FLORIDA STATUTES SECTION
163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT “A” ENTITLED
“COMPREHENSIVE PLAN AMENDMENT 2005-2” AND
INCORPORATED HEREIN BY REFERENCE; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(The official record of Ordinance No. 56-05 is on file at the City Clerk’s
Office.)
1.
Text Amendments:
a.
Future Land Use Element – Modification of the description of the
Medium Density FLUM designation to include provisions for
increased density to 24 units per acre for the Carver Estates
Overlay District and to a maximum of 18 units/acre within the
boundaries of other special overlay districts to accommodate
higher density residential development subject to the provision of
workforce housing.
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11/15/05
b.
Future Land Use Element – Modification of the description of the
Transitional FLUM designation to include provisions for
increased density to approximately 18 units/acre within the
boundaries of special overlay districts to accommodate higher
density residential development subject to the provision of
workforce housing.
c.
Future Land Use Element – Modification of the description of the
General Commercial FLUM designation to include provisions for
increased density to approximately 18 units/acre within the
boundaries of special overlay districts to accommodate higher
density residential development subject to the provision of
workforce housing.
d.
Future Land Use Element – Add policy regarding creation of an
overlay district for the Congress Avenue Corridor to encourage
the development of Class A corporate offices.
e.
Transportation Element – Add policy regarding the change of
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NE/SE 1 Streets from one-way back to two way traffic.
f.
Transportation Element – Add policy regarding enhancement of
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the US-1 corridor (NE/SE 5 Avenue and NE/SE 6 Avenue)
thth
between NE 4 Street and SE 4 Street through beautification and
the provision of improved parking and pedestrian circulation.
g.
Transportation Element – Add policy to seek the reduction of the
ultimate right-of-way for Federal Highway from 120 feet to 100
feet, north of George Bush Boulevard.
h.
Housing Element – Revise “Analysis” section to update
information pertaining to historically significant housing.
i.
Open Space and Recreation Element – Update “Analysis”,
“Conclusions” and “Needs and Recommendations” sections to
reflect updated conditions and to be consistent with the adopted
City of Delray Beach Parks and Recreation System Master Plan.
j.
Capital Improvement Element – Modify Table CI-CIP (5-Year
Capital Improvements Schedule for Projects > $25,000) to reflect
adoption of the FY 2006-2010 Capital Improvement Program.
k.
Capital Improvement Element – Modification of Table SD-CIP.
This table is the School District’s Six Year Capital Improvement
Schedule referenced in CIP Element Policy A-8.3.
l.
Public Schools Facilities Element – Updated Concurrency Map
Series for the School District (Maps PS 1.1; PS 2.1; PS 3.1; and
PS 3.2).
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2.
Future Land Use Map Amendments:
a.
Future Land Use Map amendment from LD (Residential Low
Density 0-5 du/ac) in part and GC (General Commercial) in part, to
Bexley Park
OS (Open Space) for the public park within the
Subdivision
located on the east side of Military Trail north of the
L-31 Canal.
b.
Future Land Use Map amendment from County CH-8
(Commercial High with an underlying High Residential, 8 units
per acre) to City GC (General Commercial), in part, and TRN
Valero Gas Station, Watkins Motor
(Transitional), in part for
Lines, and Public Self Storage, Inc
, located on the west side of
Military Trail, 100 feet north of Conklin Drive.
c.
Future Land Use Map amendment from RDA-3 (Redevelopment
Area #3) to MD (Residential Medium Density 5-12 du/ac) for the
Lee Burke
property, located on the north side of Linton
th
Boulevard, 660 feet west of SW 4 Avenue.
d.
Future Land Use Map amendment from RDA-3 (Redevelopment
Area #3) to MD (Residential Medium Density 5-12 du/ac) for
Lintco
multi-family site, located at the northwest corner of Linton
th
Boulevard and SW 4 Avenue.
e.
Future Land Use Map amendment from County HR-8 (High
Residential -8 du/ac) to City MD (Medium Density Residential 5-
12 du/ac) for Gramercy Square II, located on the west side of
Military Trail, approximately 700 feet south of Atlantic Avenue.
The City Attorney read the caption of the ordinance. The City Attorney read
the caption of the ordinance. A public hearing was held having been legally advertised in
compliance with the laws of the State of Florida and the Charter of the City of Delray Beach,
Florida.
Ron Hoggard, Senior Planner, stated the City Commission passed this
ordinance on first reading on August 2, 2005, and the amendment was transmitted to DCA
(Department of Community Affairs) for their review. DCA’s objections are related to the
density increases to support the expanded affordable housing program. Mr. Hoggard stated
the reason this is coming to the Commission again for a first reading is because on September
20, 2005, the Commission approved the Annexation, small scale FLUM Amendment and
Rezoning for Gramercy Square II. However, DCA has since determined that the FLUM
Amendment does not meet the requirements for small scale amendments and needs to go
through the regular (twice a year) amendment process. This was due to the potential density
above 10 du/ac in the proposed MD FLUM designation. The density in this area is being
limited to 8 units/acre but is through a suffix through the zoning map and DCA would not
accept this. To expedite the process, this FLUM amendment is being added to
Comprehensive Plan Amendment 2005-2. This addition requires that a new first reading be
conducted at this time. Mr. Hoggard stated this amendment is the same as last time with the
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addition of the parcel for Gramercy Square II which was privately initiated. Mr. Hoggard
stated one of the text amendments (g) states to add a policy to seek the reduction of the
ultimate right-of-way for Federal Highway from 120 feet to 100 feet, north of George Bush
Boulevard. FDOT has informed staff that they want a minimum of 102 feet.
At its meeting of July 18, 2005, the Planning and Zoning Board held a public
hearing and subsequently at its meeting of August 15, 2005, the Planning and Zoning Board
held a public hearing in conjunction with the Annexation, small scale FLUM amendment and
rezoning for Gramercy Square II. Staff recommends approval based on positive findings and
that it furthers the goals and objectives, and the second reading is scheduled for December 6,
2005.
Vice Mayor Levinson declared the public hearing open. There being no one
who wished to address the Commission regarding Ordinance No. 56-05, the public hearing
was closed.
Mrs. Archer moved to adopt Ordinance No. 56-05 (Revised First Reading for
Comprehensive Plan 2005-2), seconded by Ms. McCarthy. Upon roll call the Commission
voted as follows: Mrs. Ellis – Yes; Mrs. Archer – Yes; Vice Mayor Levinson – Yes; Ms.
McCarthy – Yes. Said motion passed with a 4 to 0 vote.
10.C. RESOLUTION NO. 80-05/CONTRACT FOR SALE AND PURCHASE
OF PROPERTY/FRITZNEL BEAUFRERE AND GERTA LOMBARD:
Consider
nd
approval of contract to sell City owned property, located at 511 N.W. 2 Street, as part of the
Carver Square Relocation Project and Contract for Sale and Purchase between the City and
Fritznel Beaufrere and Gerta Lombard in the amount of $40,000.00; and approve Resolution
No. 80-05.
The caption of Resolution No. 80-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY
TO TRANSFER/SELL REAL PROPERTY IN THE CITY OF
DELRAY BEACH WHICH PROPERTY IS LOCATED AT 511
ND
NW 2 STREET, AS MORE PARTICULARLY DESCRIBED
HEREIN, TO FRITZNEL BEAUFRERE, A SINGLE MAN, AND
GERTA LOMBARD, A SINGLE WOMAN, TO BE UTILIZED
AS HOUSING AS PART OF THE CARVERSQUARE
RELOCATION PROJECT.
(The official record of Resolution No. 80-05 is on file at the City Clerk’s
Office.)
The City Attorney stated this is a contract for sale and purchase of property to
Fritznel Beaufrere, a single man and Gerta Lombard, a single woman, for housing purposes
as part of the Carver Square Relocation Project.
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11/15/05
Vice Mayor Levinson declared the public hearing open. There being no
one who wished to address Resolution No. 80-05, the public hearing was closed.
Mr. Levinson commended Terrill Barton for a good job.
Mrs. Ellis commended Terrill Barton for the good work with regard to the
ordinance.
Mrs. Ellis moved to approve Resolution No. 80-05, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer – Yes; Vice
Mayor Levinson – Yes; Ms. McCarthy – Yes; Mrs. Ellis – Yes. Said motion passed with
a 4 to 0 vote.
10.D.RESOLUTION NO. 81-05/CONTRACT FOR SALE AND PURCHASE
OF PROPERTY/REGINALD B. JONAS AND ELIZABETH TAYLOR:
Consider
st
approval of contract to sell City owned property, located at 602 S.W. 1 Street, as part of the
Carver Square Relocation Project and Contract for Sale and Purchase between the City and
Reginald B. Jonas and Elizabeth Taylor in the amount of $40,000.00; and approve Resolution
No. 81-05.
The caption of Resolution No. 81-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY
TO TRANSFER/SELL REAL PROPERTY IN THE CITY OF
DELRAY BEACH WHICH PROPERTY IS LOCATED AT 602
st
S.W. 1 STREET, AS MORE PARTICULARLY DESCRIBED
HEREIN, TO REGINALD B. JONAS, A SINGLE MAN, AND
ELIZABETH TAYLOR, A SINGLE WOMAN, TO BE
UTILIZED AS HOUSING AS PART OF THE CARVER
SQUARE RELOCATION PROJECT.
(The official record of Resolution No. 81-05 is on file in the City Clerk’s
Office.)
The City Attorney stated this is a contract for sale and purchase of
property to Reginald B. Jonas, and Elizabeth Taylor, a single woman for housing
purposes as part of the Carver Square Relocation Project.
Vice Mayor Levinson declared the public hearing open. There being no
one who wished to address the Commission regarding Resolution No. 81-05, the public
hearing was closed.
Mrs. Archer moved to approve Resolution No. 81-05, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Vice Mayor Levinson –
Yes; Ms. McCarthy – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes. Said motion passed
with a 4 to 0 vote.
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10.E.RESOLUTION NO. 82-05/CONTRACT FOR SALE AND PURCHASE
OF PROPERTY/LOUIS SAINT FORT AND JOSETTE SAINT FORT:
Consider
rd
approval of contract to sell City owned property, located at 802 S.W. 3 Street, as part of the
Carver Square Relocation Project and Contract for Sale and Purchase between the City and
Louis Saint Fort and Josette Saint Fort in the amount of $40,000.00; and approve Resolution
No. 82-05.
The caption of Resolution No. 82-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY
TO TRANSFER/SELL REAL PROPERTY IN THE CITY OF
DELRAY BEACH WHICH PROPERTY IS LOCATED AT 802
RD
S.W. 3 STREET, AS MORE PARTICULARLY DESCRIBED
HEREIN, TO LOUIS SAINT FORT AND JOSETTE SAINT
FORT, HIS WIFE, TO BE UTILIZED AS HOUSING AS PART
OF THE CARVER SQUARE RELOCATION PROJECT.
(The official record of Resolution No. 82-05 is on file in the City Clerk’s
Office.)
The City Attorney stated this is a contract for sale and purchase of property to
Louis Saint Fort and Josette Saint Fort, his wife for housing purposes as part of the Carver
Square Relocation Project.
Vice Mayor Levinson declared the public hearing open. There being no one
else who wished to address the Commission regarding Resolution No. 82-05, the public
hearing was closed.
Mrs. Ellis moved to approve Resolution No. 82-05, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy – Yes; Mrs.
Ellis – Yes; Mrs. Archer – Yes; Vice Mayor Levinson – Yes. Said motion passed with a
4 to 0 vote.
10.F.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.
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. 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”;
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11/15/05
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 record of Ordinance No. 75-05 is on file in the City Clerk’s
Office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Vice Mayor Levinson declared the public hearing open.
th
Shirley Johnson, 701 N.E. 4 Street, Delray Beach, speaking on behalf of
the Progressive Residents of Delray (PROD), commended the City Commission for this
ordinance and stated this will align Delray Beach with neighboring communities and
prevent the city from becoming a haven for those fleeing their newly enacted resident
laws.
There being no one else who wished to address the Commission regarding
Ordinance No. 75-05, the public hearing was closed.
Mrs. Ellis moved to adopt Ordinance No. 75-05 on Second and FINAL
Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows:
Mrs. Ellis – Yes; Mrs. Archer – Yes; Vice Mayor Levinson – Yes; Ms. McCarthy – Yes.
Said motion passed with a 4 to 0 vote.
At this point, Ms. McCarthy stated the City Commission just passed
resolutions (Resolution No. 80-05, 81-05, & 82-05) that impacted the relocation and the
quality of life of previous residences of Carver Square. She stated the policy makers, the
City of Delray Beach, staff, and people of the community agreed that everyone was going
to pull together and work together to make something happen that was going to end up
being a good something. Ms. McCarthy stated it is appropriate to note that this is
something good that is happening for the people who are impacted by this situation. She
gave kudos to the staff that put in a multitude of hours as well and for the community
citizens who were living in these houses under these conditions who went through a
multitude of emotions and transitions.
Vice Mayor Levinson stated he concurred with comments expressed by
Ms. McCarthy and complimented the Community Redevelopment Agency (CRA) for
providing some lots to the previous homeowners in Carver Square.
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11/15/05
Item 11, Comments and
At this point, the Commission moved to
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 comments or inquiries on non-agenda items.
11.B.From the Public.
11.B.1.Alice Finst, 707 Place Tavant, Delray Beach,
commented about an article on
what had been done in Maryland with regard to family workforce housing. She stated she
looked at the maps in Delray Beach to find out why certain properties were being excluded
from doing the workforce housing. Mrs. Finst stated there is not workforce housing in the
entire Community Development Block Grant (CDBG) but there are certain areas that are in
the CDBG. She suggested that staff have a Workshop to expand the area for the workforce
housing.
The City Attorney stated staff is currently working on an expanded ordinance
and there have several meetings regarding this matter.
11.B.2.Yusuf Ahmed, 1367 Fairfax Circle E, Boynton Beach,
stated he has a
tournament which has been held at the Delray Beach Tennis Center for the past five years
and people are coming from Chicago, Detroit, and New York. He apologized for not having
the tournament last year because he had an operation and would like to make sure he has the
support of the Commission to host the tournament at the Delray Beach Tennis Center.
Vice Mayor Levinson stated if Mr. Ahmed has worked with the staff at the
Delray Beach Tennis Center regarding the dates of the tournament then he is all set.
th
11.B.3.Shirley Johnson, 701 N.E. 4 Street, Delray Beach,
stated Hurricane Wilma
was not welcomed especially by the 600 residents of Carver Estates. She urged the
Commission that when building public housing in the future to be conscientious of everyone
as to not put them in harms way.
Secondly, Ms. Johnson requested a simplification of the process stated in Item
1.C. of the Agenda (Regular Agenda and First Reading Items) because she feels the way it is
currently worded is confusing if one is not familiar with the process. She asked that a form
be created so that a speaker could complete the form in advance if they were interested in
appearing.
Lastly, Ms. Johnson commented about the Police Survey and requested that
staff review the survey again.
Ms. McCarthy stated when the City Manager actually researched this with Dr.
Smith there were a multitude of people who would not respond to the survey even though
they were called to take the survey.
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11/15/05
Ms. McCarthy stated public housing is built in a decade or era per the criteria
of Housing and Urban Development (HUD). Therefore, she stated HUD mandates and gives
someone the choices of what type of public housing they are going to support and fund. The
previous housing that was in place for Carver Estates was built in accordance to the criteria
that HUD had given the City at that time. She stated the public housing is spread out more
and there are townhouses in various styles based on the information that was accumulated
after years of study. Ms. McCarthy stated many times the public is not aware of the fact that
the Commission’s hands are tied when using Federal dollars in order to build housing and
reiterated that it has to be built towards HUD’s criteria or else they will not fund it.
Item 9.A.
At this point, the time being 7:38 p.m., the Commission moved to
of the Regular Agenda
.
9.REGULAR AGENDA:
9.A.APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION/BANK UNITED:
Consider an appeal of the Site Plan Review and Appearance
Board’s denial regarding the placement of the Bank United signs, located at 331 East
(Quasi-Judicial Hearing)
Atlantic Avenue.
Vice Mayor Levinson asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Chevelle D. Nubin, City Clerk, swore in the following individual:
Lula Butler, Director of Community Improvement, stated this is an item
before the Commission of an appeal to the decision by the Site Plan Review and Appearance
Board (SPRAB) by the agent representing Bank United for a waiver to Section 4.6.7(J)(2) of
the LDR’s governing off-premise signs. The business is located at 331 E. Atlantic Avenue.
The owner met with SPRAB and asked for permission to have two flat wall
signs installed on the second floor (east and south elevations of the two-story mixed use
building). The bank will occupy the first story of the building and the second floor has
residential units. SPRAB voted 6-0 to deny the request stating that the owner was not able to
establish a hardship or just cause for this waiver. The Board and staff believe adequate
signage could be achieved within the perimeters and compliance of the current code. Section
2.4.6(B)(5) of the LDR’s allows the Commission to grant waivers to this section of the code,
making a finding of fact of one of the following: (1) that the sign shall not adversely affect
the neighborhood area, (2) shall not significantly diminish the provision of public facilities,
(3) shall not create an unsafe situation, and (4) does not result in the granting of a special
privilege in that the same waiver would not be granted under similar circumstances on other
property for another applicant or owner. Staff recommends upholding the decision made by
the SPRAB on this sign.
The City Attorney reminded the Commission to consider the criteria and base
their decision on whether or not this meets the criteria.
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11/15/05
Prior to the vote, Vice Mayor Levinson stated he does not believe this meets
criteria #4 because he feels it would in fact grant a special privilege to this applicant.
Therefore, he is not going to support and thus is basis as to why he will vote against the
appeal.
Mrs. Ellis moved to grant the appeal of the decision by the Site Plan Review
and Appearance Board (SPRAB) for Bank United, seconded by Mrs. Archer.
The motion was amended as follows:
Mrs. Ellis moved to grant the appeal of the decision by the Site Plan Review
and Appearance Board (SPRAB) for Bank United with the understanding that this does not
meet criteria #4, seconded by Mrs. Archer. Upon roll call the Commission voted as follows:
Mrs. Ellis – No; Mrs. Archer – No; Vice Mayor Levinson – No; Ms. McCarthy – No. Said
DENIED
motion to approve the appeal was with a 4 to 0 vote.
9.B. WAIVER REQUEST/SAFE & SECURE SELF STORAGE:
Consider a
waiver request to waive Land Development Regulations (LDR), Section 4.6.7(F)(7), “Design
Standards Matrix”, to allow Safe & Secure Self Storage to have a flat wall sign in excess of
(Quasi-
what is allowed under the Code, pursuant to LDR Section 2.4.7(B)(5), “Findings”.
Judicial Hearing)
Vice Mayor Levinson asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Lula Butler, Director of Community Improvement, stated this is before the
Commission for consideration of waiver to Section 4.6.7(F)(7) of the LDR’s governing the
number and placement of wall signs in commercial districts, pursuant to the request by the
agent representing the owners of Safe & Secure Self Storage, 2412 N. Federal Highway. The
Safe & Secure Storage commercial project is a 4-story mixed-use building (retail and
warehouse/storage) located at 2412 N. Federal Highway with frontages on Federal Highway
and North Dixie Boulevard. The Blanket Sign Package for the commercial site, which
includes the provision for two monument free standing signs, flat wall & under-canopy signs
for the six retail bays, and two building identification flat wall signs, was approved by the
Site Plan Review and Appearance Board (SPRAB) at their meeting of September 28, 2005.
The two building identification flat wall signs approved are identical and will be placed on
the top floor of the east (Federal Highway) and north elevations of the building. SPRAB
voted 4-1 in support of the waiver and directed staff to forward the request to the City
Commission for their consideration of waiving Section 4.6.7(F)(7) of the LDR’s governing
the number and placement of wall signs in general commercial districts for this commercial
site. The Board’s decision was based on the findings that the site is narrow, that there is no
deceleration lane on Federal Highway and the speed of the vehicular traffic in this area is
sufficient to establish a hardship to the site. Staff recommends approval of the waiver to
Section 4.6.7(F)(7) pursuant to the actions of the decision of the Site Plan Review and
Appearance Board (SPRAB) for the Safe & Secure Self Storage building.
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11/15/05
The City Attorney reminded the Commission to consider the criteria and base
their decision on whether or not this meets the criteria.
Vice Mayor Levinson asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Michael Weiner, Attorney with Weiner & Aronson, P.A., 102 N. Swinton
Avenue, Delray Beach, representing the applicant (Safe & Secure Self Storage), stated all
four elements have been met and he distributed booklets summarizing the project.
Vice Mayor Levinson stated if anyone from the public would like to speak in
favor or in opposition of the waiver request, to please come forward at this time.
Prior to the vote, Ms. McCarthy stated she supports the waiver because it
meets the four points that are necessary and also because of the other buildings along the
corridor of Federal Highway and Dixie Highway.
Vice Mayor Levinson stated for the record he believes the City of Delray
Beach had ABC Carpet take the one sign off before the north sign was put on.
Mrs. Archer moved to approve the waiver request to Section 4.6.7(F)(7)
pursuant to the Site Plan Review and Appearance Board (SPRAB) for the Safe & Secure Self
Storage building as it meets all the four elements of findings of the LDR’s, seconded by Mrs.
Ellis. Upon roll call the Commission voted as follows: Mrs. Archer – Yes; Vice Mayor
Levinson – Yes; Ms. McCarthy – Yes; Mrs. Ellis – Yes. Said motion passed with a 4 to 0
vote.
TH
9.C. CONDITIONAL USE REQUEST/5 AVENUE FLATS:
Consider a
th
request to allow a building height in excess of 48’ (to a maximum of 60’) for 5 Avenue
Flats, a proposed mixed-use development that includes 12 residential condominiums and
th
3,183 sq. ft. of office/retail space, located at the northwest corner of N.E. 5 Avenue and
nd
(Quasi Judicial Hearing)
N.E. 2 Street.
Vice Mayor Levinson asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning project file #2005-329 and #2005-330 into the record.
Mr. Dorling stated this site is located on southbound Federal Highway. The
th
0.43 acre site is currently vacant and located at the northwest corner of N.E. 5 Avenue and
nd
N.E. 2 Street.
Mr. Dorling stated this is a conditional use approval containing a mixed use
building containing 908 square feet of retail floor area and 2,275 square feet of office floor
area on the first floor; and 12 residential condominium units (one, two & three-bedroom) on
floors 2-4. The development also includes recreational facilities, including a pool & deck
area, lounge, and exercise room on the fourth floor.
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11/15/05
Conditional use approval has been requested to allow a building height of up
to 60 feet (54.5 feet is proposed).
At its meeting of October 17, 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 5-1 to recommend approval subject to conditions
outlined in the Planning and Zoning staff report.
Terry L. Lessard, 4820 Modern Drive, Delray Beach, representing the owner
and was present for any questions the Commission may have.
th
Judy Craig, 306 N.E. 8 Avenue, Delray Beach, stated as a property owner
and realtor who have lived in Delray Beach since 1986 she has watched and applauded many
of the changes that have come about. However, she expressed concern over the height
restrictions being eased. She stated this was not the vision that was presented at the
Workshops and Charettes. Ms. Craig stated she is not against process but is against change
when it is not well thought out and counter-productive.
Mr. Lessard stated with regard to the height requirement, there is a very small
section of the building that exceeds the 48 feet which is a five foot extension above the 48
feet line simply to accommodate the amenity of the pool on the top of the building.
The City Attorney stated this is not a change in the LDR’s. However, the
LDR’s allows an increase to 60 feet in height with a conditional use and there are certain
criteria that must be followed in order to do that.
Mrs. Ellis asked if the parking spaces are dedicated to the residential units. In
response, Mr. Dorling stated this project does not dedicate any parking spaces for residential
units and has actually prompted the code amendment requiring the dedication of at least one
parking space. Mrs. Ellis stated this is a huge mistake and not designating parking spaces for
people who are purchasing residential units are going to prompt them to either return to the
Commission or to the City when they go to sell those units because they are not going to
have designated spaces that will go with that unit. Mrs. Ellis stated even one parking space
per residential unit is not sufficient and she feels this is a significant drawback to this project
and therefore she will not support it. Mr. Dorling stated staff concurs with Mrs. Ellis and
reiterated that this is why the argument was put forth by staff that although it is not required
by Code he feels it should be. Mr. Dorling noted that there will be an amendment to this
affect in the near future.
Vice Mayor Levinson stated some people have mis-interpreted the Code to
believe that the height limit in the city is 48 feet and this is actually not the case. There are
various height limits throughout the city depending upon the geography. He stated the height
limit is not based upon the use solely but it is based on the geography of where it is and the
Code is very specific about what areas are limited to what heights. Vice Mayor Levinson
stated the community over the last four years actively worked with hundreds of volunteers
for numerous hours to re-craft the Downtown Master Plan which included a variety of
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11/15/05
changes in the Code and one of those changes was the creation of the Downtown Design
Guidelines.
Vice Mayor Levinson stated he feels this project meets the criteria for the
additional height and the applicant is seeking whether or not it should be granted a
conditional use. He concurs with Commissioner Ellis regarding the parking spaces; however,
that is something that is not in the Code at this point.
Brief discussion between the Commission followed regarding changing the
City’s Code.
Prior to the vote, Ms. McCarthy asked without parking being provided will
this create congestion or hazard in this corridor. Mr. Dorling stated in absence of dedicated
spaces City Code allows a reduction in parking based upon the fact that all parking spaces
will be shared.
The City Attorney stated this is not a conditional use to allow the use and
reiterated that the Code’s are as is until they are changed. Therefore, the City Attorney stated
this is really related to the height.
Ms. McCarthy stated she feels it is appropriate to have discussion regarding
parking since over the past three years the Commission has been reviewing a multitude of
sites with parking issues and people paying for in-lieu parking and things of that nature.
Mr. Levinson asked if the applicant meets the parking code. In response, Mr.
Dorling stated the applicant meets the mixed use parking calculations now. The Code
requires that if you designate spaces that they are not then put into that pot that is considered
shared and subject to a reduction. Mr. Dorling stated if they were designated spaces (one per
unit) the applicant would be short by 3 or 4 parking spaces. Furthermore, he stated that one
of the conditions of approval for the site plan is that a deed restriction be placed on this
property and then made aware to future buyers that there would be no designated spaces and
that if they wanted to come back and designate them they would have to find whatever the
deficiency is either through offsite parking, etc.
Brief discussion between the Commission, staff and the applicant followed
regarding changing the City’s Code.
In order to second the motion, Vice Mayor Levinson passed the gavel to
Deputy Vice Mayor Rita Ellis.
th
Mrs. Archer moved to approve the Conditional Use request for 5 Avenue
Flats, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr.
Levinson – Yes; Ms. McCarthy – Yes; Deputy Vice Mayor Ellis – Yes; Mrs. Archer – Yes.
Said motion passed with a 4 to 0 vote.
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9.D.PROFESSIONAL FIRE FIGHTERS AND PARAMEDICS OF
DELRAY BEACH, LOCAL 1842, IAFF AGREEMENT AND MEMORANDUM OF
UNDERSTANDING:
Consider approval of a collective bargaining agreement and
Memorandum of Understanding with the Professional Fire Fighters and Paramedics of
Delray Beach, Local 1842, IAFF effective October 1, 2004 through September 30, 2007.
Harry Hamilton, Human Resources Director, introduced Mike McCleary,
President of the Professional Firefighters and Paramedics of Delray Beach, Local 1842, IAFF
and Shirley Goddard, Human Resources Consultant and member of the City’s bargaining
committee. Mr. Hamilton stated staff is requesting that the Commission approve a three-year
labor agreement and Memorandum of Understanding with the union. The union ratified the
agreement earlier this month by a vote of 77 to 30.
Mike McCleary, President of the Professional Firefighters and Paramedics of
Delray Beach, Local 1842, IAFF, stated everyone has worked very hard and thanked the
Negotiating Team, the Executive Board and the Commission.
The City Manager stated this has been a long time coming and a lot of work
has been put into it. He stated he is concerned long-term that in this contract there are wage
increases which are going to average out in excess of 7% a year and is not sustainable long-
term but is less than what the County is offering. The City Manager stated the City of Delray
Beach is forced to do this by competitive pressures to appropriately compensate the
employees. The City Manager stated Palm Beach County has chosen to pay the highest
salary for firefighters’ in the State and commented that Delray Beach is going to be in a
situation where we are going to have to take resources away from other city programs in
order to fund the public safety functions if this continues very long.
Mrs. Archer moved to approve the Collective Bargaining Agreement and
Memorandum of Understanding with the Professional Firefighters’ and Paramedics of Delray
Beach, Local 1842, IAFF effective October 1, 2004 through September 30, 2007, seconded
by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy – Yes;
Mrs. Ellis – Yes; Mrs. Archer – Yes; Vice Mayor Levinson – Yes. Said motion passed with
a 4 to 0 vote.
9.E. EMERGENCY ADVISORY RADIO SYSTEM:
Consider authorizing staff
to proceed with the purchase and installation of an Emergency Advisory Radio System to
warn and instruct residents during emergency situations.
The City Manager stated at a recent Commission meeting there was a
comment expressed about the need to get one of these low power radio stations to get
information out to the residents during hurricanes and for other uses as well. He stated this is
not budgeted; however, staff can find the funding for it by going into last year’s surplus.
Brief discussion by the Commission followed.
It was the consensus of the Commission to direct staff to proceed with the
purchase and installation of an Emergency Advisory Radio System expeditiously.
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11/15/05
9.F.SETTLEMENT OFFER IN KEMP v. CITY OF DELRAY BEACH:
Consider a Settlement Offer in the amount of $22,500.00 in Kemp v. City of Delray Beach.
Staff recommendation is acceptance.
Ms. McCarthy moved to approve the Settlement Offer in the amount of
$22,500.00 in Kemp v. City of Delray Beach, seconded by Mrs. Ellis. Upon roll call the
Commission voted as follows: Mrs. Ellis – Yes; Mrs. Archer – Yes; Vice Mayor Levinson –
Yes; Ms. McCarthy – Yes. Said motion passed with a 4 to 0 vote.
9.G. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY
COUNCIL:
Appoint two (2) regular members (one member for Zone 1 and one member for
Zone 2) to the Neighborhood Advisory Council for three (3) year terms ending October 31,
2008. Based upon the rotation system, the appointments will be made by Commissioner Ellis
(Seat #1) and Commissioner McCarthy (Seat #4).
Mrs. Ellis moved to appoint Bonnie Raycroft as a regular member (Zone 2) to
the Neighborhood Advisory Council for a three (3) year term ending October 31, 2008,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis –
Yes; Mrs. Archer – Yes; Vice Mayor Levinson – Yes; Ms. McCarthy – Yes. Said motion
passed with a 4 to 0 vote.
Ms. McCarthy moved to reappoint Arthur Brown as a regular member (Zone
1) to the Neighborhood Advisory Council for a three (3) year term ending October 31, 2008,
seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Archer –
Yes; Vice Mayor Levinson – Yes; Ms. McCarthy – Yes; Mrs. Ellis – Yes. Said motion
passed with a 4 to 0 vote.
Item 12,
At this point, the time being 7:38 p.m., the Commission moved to
First Readings.
12.FIRST READINGS:
12.A. ORDINANCE NO. 79-05:
Privately initiated amendment to the Land
Development Regulations Section 4.6.9, “Off-Street Parking Regulations”, and Appendix
“A”, “Definitions”, to establish a parking fee and provide a definition for a public parking
facility and programmed public parking facility. If passed, a public hearing will be held on
December 6, 2005.
The caption of Ordinance No. 79-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, OF THE CITY OF DELRAY
BEACH, AMENDING APPENDIX “A”, BY ADDING
DEFINITIONS OF A PUBLIC PARKING FACILITY AND
PROGRAMMED PUBLIC PARKING FACILITY; AMENDING
ARTICLE 4.6, “SUPPLEMENTAL DISTRICT REGULATIONS”
OF THE LAND DEVELOPMENT REGULATIONS BY
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11/15/05
AMENDING SECTION 4.6.9(E), “LOCATION OF PARKING
SPACES” BY CREATING A NEW SUBSECTION 4.6.9(E)(4),
“PARKING FACILITY PAYMENT” TO ESTABLISH
ALTERNATIVE PROVISIONS FOR ACCOMMODATING
REQUIRED PARKING, WHEN NOT PROVIDED ON-SITE,
PROVIDING FOR RENUMBERING; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE
.
(The official record of Ordinance No. 79-05 is on file in the City Clerk’s
Office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated the proposed
amendment will allow for the payment of a fee called Public Parking Fee for each
parking space not provided on-site within a proposed development that is within 600 feet
of a municipal parking garage. The proposed 600 square feet is the area of influence and
represents the 5-minute walking distance discussed in the Downtown Master Plan and is
the distance a person will normally walk from a parking facility to their destination. In
order to mitigate any potential negative impact to the surrounding neighborhood, the
maximum number of parking spaces subject to the public parking fee is limited to 25 %
of the total number of required parking spaces for the development. Additionally, if the
public parking facility is not scheduled to be constructed within three (3) years of site
plan approval for the development, a minimum of 75% of the parking spaces subject to
fees must be constructed in the right-of-way adjacent to the development. These parking
spaces will be available to the general public and may not be reserved or dedicated to the
proposed development nor credited to meet the required on-site parking. Mr. Dorling
stated the text amendment furthers Future Land Use Element Objective C-4 and Future
Land Use Policies C-4.1, C-4.2, and C-4.3, and is consistent with the Delray Beach
Downtown Master Plan as well as the proposed Delray Beach Parking Master Plan.
At its meeting of October 10, 2005, the Downtown Development
Authority (DDA) recommended approval of the amendment. There was brief discussion
about pro-rated annual maintenance fees (based on the number of parking spaces subject
to the fee) as well as the cost of the construction of the parking spaces. At its meeting of
September 9, 2005, the Chamber of Commerce briefly discussed the amendment. At its
meeting of September 14, 2005, the West Atlantic Redevelopment Coalition (WARC)
discussed the amendment and recommended continuance. At its meeting of September
16, 2005, the Community Redevelopment Agency (CRA) considered the amendment and
recommended approval subject to the conditions as outlined on page 2 of the City
Commission documentation. At its meeting of October 6, 2005, the Parking
Management Advisory Board (PMAB) recommended approval of the proposed
ordinance. At its meeting of October 17, 2005, the Planning and Zoning Board
recommended approval of the proposed ordinance with the condition that in addition to
the estimated construction cost per space, land costs to be calculated using the cost per
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square foot at the time of purchase of the property by the Governmental agency
multiplied by 378 square feet per space (the approximate size of a parking space with
associated drive aisles). Mr. Dorling stated there was some concern expressed about the
estimated construction cost and noted that this requires the private entity to pay for the
land costs and construction costs of the parking space.
Brief discussion between staff and the Commission regarding parking and
in-lieu fees followed.
Mr. Dorling stated staff can work with the applicant.
th
Jeff Costello, New Urban Communities, 398 N.E. 6 Avenue, Delray
Beach, urged the Commission to pass the ordinance on first reading as written and they
will work with staff to come up with a number.
Ms. McCarthy moved to approve Ordinance No. 79-05 on FIRST
Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows:
Mrs. Archer – Yes; Vice Mayor Levinson – Yes; Ms. McCarthy – Yes; Mrs. Ellis – Yes.
Said motion passed with a 4 to 0 vote.
12.B. ORDINANCE NO. 76-05:
Rezoning from County GC/SE (General
Commercial/ Special Exception) to GC (General Commercial) for a 0.96 acre parcel of land
for Valero Gas Station, located on the west side of Military Trail, 100 feet north of Conklin
Drive. If passed, a public hearing will be held on December 6, 2005.
The caption of Ordinance No. 76-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING
INITIAL ZONING OF GC (GENERAL COMMERCIAL)
DISTRICT; SAID LAND BEING A PARCEL LOCATED ON
THE WEST SIDE OF MILITARY TRAIL, 100 FEET
NORTH OF CONKLIN DRIVE 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 record of Ordinance No. 76-05 is on file in the City Clerk’s
Office.)
The City Attorney read the caption of the ordinance.
At this point, Commissioner Ellis stepped away from the dais.
Paul Dorling, Director of Planning and Zoning, stated this is the site for the
Valero Gas Station which was legally established by Resolution No. 81-1212, approved on
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September 29, 1981 by the Board of County Commissioners. The 0.96 acre site which
contains Valero Gas Station and was annexed into the City via Ordinance No. 63-05
approved by the City Commission at its meeting of August 16, 2005. A related Future Land
Use Change from County CH-8 (Commercial High with an Underlying High Residential, 8
du/ac) to City GC (General Commercial) is accompanying this request and is being
processed a part of Comprehensive Plan 2005-2.
At its meeting of July 18, 2005, the Planning and Zoning Board held a public
hearing in conjunction with this request. After discussing the proposal, the Board voted
unanimously to recommend that the request be approved based upon finding the request is
consistent with the Comprehensive Plan and positive findings with respect to LDR Sections
3.1.1, 3.2.2, and 2.4.5(D)(5).
Mrs. Archer moved to approve Ordinance No. 76-05 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Vice Mayor
Levinson – Yes; Ms. McCarthy – Yes; Mrs. Archer – Yes. Said motion passed with a 3 to 0
vote.
12.C. ORDINANCE NO. 77-05:
Rezoning from County GC/SE (General
Commercial/ Special Exception) to SAD (Special Activities District) for a 4.72 acre parcel of
land for Watkins Motor Lines, located on the west side of Military Trail, 430 feet north of
Conklin Drive. If passed, a public hearing will be held on December 6, 2005.
The caption of Ordinance No. 77-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING
INITIAL ZONING OF SAD (SPECIAL ACTIVITIES
DISTRICT); SAID LAND BEING A PARCEL LOCATED
ON THE WEST SIDE OF MILITARY TRAIL, 430 FEET
NORTH OF CONKLIN DRIVE 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 record of Ordinance No. 77-05 is on file in the City Clerk’s
Office.)
The City Attorney read the caption of the ordinance.
At this point, Commissioner Ellis returned to the dais.
Paul Dorling, Director of Planning and Zoning, stated the truck terminal also
known as Watkins Motor Lines was legally established by Resolution No. 71-299 approved
on August 19, 1971 by the Board of County Commissioners which modified the zoning from
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11/15/05
A-1 (Agricultural District) to C-2 (General Commercial District) to allow a truck terminal
facility. The 4.72 acre site, which contains the Watkins Truck Terminal, was annexed into
the City via Ordinance No. 58-05, approved by the City Commission at its meeting of August
16, 2005. A related Future Land Use Change from County CH-8 (Commercial High with an
Underlying High Residential, 8 du/ac) to City TRN (Transitional) is accompanying this
request and is being processed as part of Comprehensive Plan 2005-2. The zoning being
proposed is SAD (Special Activities District) which will accommodate the current uses and
allow flexibility in the future.
At its meeting of July 18, 2005, the Planning and Zoning Board held a public
hearing in conjunction with the request. The Board voted unanimously to recommend that
the request be approved based upon finding that the request is consistent with the
Comprehensive Plan and positive findings with respect to LDR Sections 3.1.1, 3.2.2, and
2.4.5(D)(5).
Mrs. Archer moved to approve Ordinance No. 77-05 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms.
McCarthy – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes; Vice Mayor Levinson – Yes. Said
motion passed with a 4 to 0 vote.
12.D.ORDINANCE NO. 78-05:
Rezoning from County GC/SE (General
Commercial/ Special Exception) to SAD (Special Activities District) for a 3.45 acre parcel of
land for Public Self Storage, Inc, located on the west side of Military Trail, 270 feet north of
Conklin Drive. If passed, a public hearing will be held on December 6, 2005.
The caption of Ordinance No. 78-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, ESTABLISHING INITIAL
ZONING OF SAD (SPECIAL ACTIVITIES DISTRICT); SAID
LAND BEING A PARCEL LOCATED ON THE WEST SIDE OF
MILITARY TRAIL, 270 FEET NORTH OF CONKLIN DRIVE
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 record of Ordinance No. 78-05 is on file in the City Clerk’s
Office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated this is parcel three and
is the site of the Public Self Storage facility south of the Watkins Motor Lines and south of
the Valero Gas Station. This was legally established by Resolution No. 84-1857 approved on
December 11, 1984 by the Board of County Commissioners which granted a special
exception to allow an enclosed storage facility on the southwest portion of the property. The
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11/15/05
3.45 acre site was annexed into the City via Resolution No. 66-05, approved by the City
Commission at its meeting of August 16, 2005. A related Future Land Use Map designation
change from County CH-8 (Commercial High with an Underlying High Residential, 8 du/ac)
to City TRN (Transitional) is accompanying this request and is being processed as part of the
Comprehensive Plan 2005-2.
At its meeting of July 18, 2005, the Planning and Zoning Board held a public
hearing in conjunction with this request. After discussing the proposal, the Board voted
unanimously to recommend that the request be approved based upon finding that the request
is consistent with the Comprehensive Plan and positive findings with respect to LDR
Sections 3.1.1, 3.2.2, and 2.4.5(D)(5).
Mrs. Archer moved to approve Ordinance No. 78-05 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis –
Yes; Mrs. Archer – Yes; Vice Mayor Levinson – Yes; Ms. McCarthy – Yes. Said motion
passed with a 4 to 0 vote.
Item 13, Comments and Inquiries
At this point, the Commission moved to
on Non-Agenda Items.
13.COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A.City Manager
The City Manager stated staff is communicating to the public that the City has
a couple programs for hurricane disaster assistance. The SHIP program has funds available
to assist homeowners who meet the income limitations with payment of insurance
deductibles for rehabilitation of homes covered under insurance policies, non-insured repairs,
and tree removal. The Community Development division is handling this. Also, from
ththst
Wednesday, November 16 through Friday, November 18 and on Monday, November 21
nd
and Tuesday, November 22 at the Teen Center (505 S. Federal Highway) there will be a
temporary housing operations center to process pre-placement interviews for temporary
housing for people’s homes that were left uninhabitable because of the damage from
Hurricane Wilma. The program is offered through the Federal Emergency Management
Agency (FEMA) and the Delray Beach Housing Authority is helping staff this. The City of
Delray Beach will be taking the applications and then forward them to FEMA.
He stated the Palm Beach County days are March 7-9, 2006 and the League
will be sending a charter bus for anyone who is interested. The City Manager stated when
the League of Cities had the Board Retreat West Palm Beach Commissioner Ray Liberti
(former Legislator) was forceful that Palm Beach County days accomplish nothing except a
social occasion that we would be much better off using our resources to send people up
during the course of the session. The City Manager stated they also agreed that Carl McCoy
should be reappointed to represent the League on the Criminal Justice Commission.
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11/15/05
The City Manager stated with regard to a concern expressed by Commissioner
Archer about the Australian Pines at Wood Lake. Prior to Hurricane Wilma, staff contacted
the property management company to determine whether the homeowners’ were responsible
for the landscape maintenance or whether it was handled by the property management
company and did not receive a response. Staff has contacted them again and if there is no
response, staff will cite the property owner under nuisance ordinance and take it to the Code
Enforcement Board.
The City Manager stated there have been several discussions on the
maintenance on the interstate landscaping at the interchanges and underpasses. He stated he
informed the Parks and Recreation Department that the trash and litter needs to be taken care.
However, this is not in their contract but the contract runs out January 30, 2006. In the
meantime, the City has started doing some things to try to keep a decent appearance.
With regard to the cost of parking spaces, staff has done some work on this
and will be bringing forth amendments to the Code to change the in-lieu fees. The modified
cost for in-lieu spaces was predicted to increase in Area 1 from $14,000 to $23,000; Area 2
from $12,000 to $18,000; Area 3 from $6,000 to $16,000; and Area 4 from $4,000 to
$14,000.
13.B.City Attorney
The City Attorney stated she has been pinch hitting for the Delray Beach
Housing Authority (DBHA) and they have not decided what they are going to do to replace
their lawyer. The DBHA Board requested that she inquire whether it would be okay with the
City Commission if she continues being their lawyer. The Statute provides that the City
Attorney can also be the Attorney for the Delray Beach Housing Authority.
It was the consensus of the Commission to allow the City Attorney to act as
the Delray Beach Housing Authority lawyer for a short term basis.
13.C.City Commission
13.C.1.Mrs. Archer
Mrs. Archer stated she is proud to be part of the Commission that worked to
resolve the Carver Square situation.
Secondly, she stated she has to leave the meeting because she has to be
somewhere at 9:00 p.m.
The City Manager urged the Commission to continue to speak with the
Legislature regarding the eminent domain issue.
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11/15/05
13.C.2.Mrs. Ellis
Mrs. Ellis stated she has always been amazed that when there is an event held
over the weekend and when coming through town on Monday morning and never know the
event was here. However, she commented about the Garlic Fest and stated on Monday after
this event was over there was rotting food in the alley behind the gym she attends on Atlantic
Avenue. She urged staff to look into why this event does not get cleaned up like other events
do.
13.C.3.Ms. McCarthy
Ms. McCarthy stated she attended the Garlic Fest and commented that she
was on a street where people previously have made complaints about the smell of the horses
that come out for the holiday season. She suggested that something be done to address the
offensive smell (i.e. pouring ammonia on the street) or perhaps make the owner of the
carriage rides responsible for doing this. She stated this abuts the old Ocean City Lumber
Company where there are several restaurants and feels there should be something done to
counteract the odor.
Secondly, she stated with regard to debris removal the daily updates have
been very instrumental and helpful. Ms. McCarthy stated because of previous discussions
the City has a policy that has been modified about going into streets of gated communities
and being able to pick up debris within the community. Then there are other communities of
similar sizes with the same number of streets but do not have gates.
The City Manager stated whether or not the community is gated or not is not
the criteria. He stated communities that have dumpster service do not qualify (an apartment
community). This is considered private property and could put their debris in the dumpster
or to the street. However, the City will not come into the streets and pick up debris internally
unless they normally have regular curbside pickup for individual units.
13.C.4.Vice Mayor Levinson
Vice Mayor Levinson stated the Garlic Fest was well extremely well attended
this year and stated Nancy Stewart provides the profits to the organizations on a pro-rata
basis for the number of hours that each organization works.
Secondly, Vice Mayor Levinson stated Mr. Perrry DonFrancisco (owner of
Boston’s Restaurant) will provide the food for the Annual Employee Holiday Appreciation
Luncheon which the Commission will host. Vice Mayor Levinson stated a date needs to be
set for the luncheon (preferably a Monday or a Tuesday in December) and suggested that the
Commission call Delores Rangel, Administrative Assistant, about a date and where they
would like to host the luncheon (i.e. Pompey Park or a location other than City Hall).
He publicly thanked Bill Wood for his Editorial piece in the Sun-Sentinel
News regarding the City staff.
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11/15/05
He commented about the Duck Derby at Veteran's Park on Saturday.
Vice Mayor Levinson stated Atlantic High School won the quarter finals
against Centennial High School last Friday evening. He stated Atlantic has a terrific football
team this year and hopes they will continue to do well.
He commented about the Florida League of Cities Excellence Awards
Banquet being held on Friday, November 18, 2005.
Vice Mayor Levinson reminded everyone that there is a Sewer Board meeting
at 5 :00 p.m. on Thursday evening. He stated he has to be in Fort Lauderdale at 2:30 p.m. that
will last until approximately 4:00 p.m.
Lastly, Vice Mayor Levinson welcomed Al Berg who is the new Assistant
Director of Community Improvement.
There being no further business, Mayor Perlman declared the meeting
adjourned at 9:38 p.m.
~"",~\\-,~. ~~^.r=
City Clerk
ATTEST:
8~of ~
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Regular City Commission Meeting held on November
15, 2005, which Minutes were formally approved and adopted by the City Commission on
December 6, 2005
-
,
~~\)~~,~~
City Clerk
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11/15/05
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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