05-02-06 Minutes Reg
Commissioner Jeff Perlman
MAY 2, 2006
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, May 2, 2006.
1.
Roll call showed:
Present - Commissioner Rita Ellis
Commissioner Fred Fetzer
Commissioner Jon Levinson
Commissioner Brenda Montague
Mayor Jeff Perlman
Absent - None
Also present were - David T. Harden, City Manager
Susan A. Ruby, City Attorney
Janet K. Whipple, Deputy City Clerk
Mayor Perlman stated he would like to observe a moment of silence in
memory of Carol Lancaster who was an Administrative Assistant for the Police
Department who passed away last week and in memory of Charles Tyson, Jr. who was
the baby that drowned off Lowson Boulevard.
2.
The opening prayer was delivered by Mayor Perlman.
3.
The Pledge of Allegiance to the flag of the United States of America was
given.
4.AGENDA APPROVAL.
Item 8.P., Revised Downtown
Mayor Perlman stated there is a revised
Marketing Co-operative Agreement.
Mrs. Ellis moved to approve the Agenda as amended, seconded by Mr.
Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer – Yes; Mr. Levinson
– Yes; Mrs. Montague – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes. Said motion
passed with a 5 to 0 vote.
5.APROVAL OF MINUTES:
Mr. Levinson moved to approve the Minutes of the Regular Meeting of
April 18, 2006, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows:
Mr. Levinson – Yes; Mrs. Montague – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mr.
Fetzer – Yes. Said motion passed with a 5 to 0 vote.
05/02/06
Mrs. Montague moved to approve the Minutes of the Special Meeting of
April 20, 2006, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows:
Mrs. Montague – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mr. Fetzer – Yes; Mr.
Levinson – Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
6.A.National Preservation Month – May 2006
Mayor Perlman read and presented a proclamation hereby proclaiming
May 1, 2006 through May 31, 2006 as National Preservation Month. Karen Preston,
Executive Director of the Delray Beach Historical Society, came forward to accept the
proclamation.
6.B.Neurofibromatosis Awareness Month – May 2006
Mayor Perlman noted that this proclamation will be mailed.
th
6.C.Aid to Victims of Domestic Abuse (AVDA) – 20 Anniversary
Mayor Perlman read and presented a proclamation hereby congratulating
th
Aid to Victims of Domestic Abuse on their 20 Anniversary. Pam O’Brien, Executive
Director of AVDA, came forward to accept the proclamation and thanked the City of
Delray Beach and Pat Archer, Board President, for their support.
6.D.National Day of Prayer – May 4, 2006
Mayor Perlman stated the National Day of Prayer proclamation will be
read on Thursday, May 4, 2006 at noon in observance of the National Day of Prayer.
7.PRESENTATIONS:
th
7.A.17 Annual Delaire/Delray Citizens for Delray Police Charity Golf
Tournament Presentation to Police and Fire-Rescue - Perry DonFrancisco
Perry DonFrancisco, President for Delray Citizens for Delray Police,
introduced the President of the Delaire Community Mel Katz, Harvey Lurey, and Dan
Bernheim; and stated for 17 years the residents of Delaire have held their annual golf
tournament and this fundraiser has consistently donated its proceeds to the Delray Beach
Fire-Rescue and Delray Beach Police Department for life saving and crime fighting
equipment.
Harvey Lurey, Chairman of Delaire, stated the Delaire residents have
raised $70,000.00 this year. He thanked Mayor Perlman and Rita Ellis who attended the
lunch and gave speeches and made the Delaire residents feel that they are truly
appreciated.
- 2 -
05/02/06
Harvey Lurey and Dan Bernheim presented a check to the Police Chief
Larry Schroeder in the amount of $25,000.00. Chief Schroeder stated last year the Police
Department lost a K-9 to health issues. As a result of the donation this year, they are able
to purchase a replacement K-9 and buy new body armor for the detectives in the Vice
Intelligence Unit. Chief Schroeder stated these are items that they cannot always get in
their budget; however, with the efforts of Delaire they are able to make a difference in the
community.
Fire Chief Kerry Koen, echoed comments expressed by Chief Schroeder
regarding the generosity of the Delaire residents and stated the citizens are safer, the
firefighters’ are safer and the police officers are safer because of what the Delaire
community has done. Chief Koen thanked the residents of Delaire for everything they
do.
Mayor Perlman stated the generosity is overwhelming and the City of
Delray Beach is deeply appreciative of everything the Delaire residents do.
7.B.S.P.I.R.I.T. (Service, Performance, Integrity, Responsibility,
Innovation, Teamwork) Committee Presentation
Dot Blast, Human Resources Consultant, stated the S.P.I.R.I.T. Committee
represents the staff of the City of Delray Beach and these members have volunteered their
services. She presented the Commission with balloons and “Ask Me About S.P.I.R.I.T.”
badges. She stated this token represents the intention and commitment to fully embrace
the S.P.I.R.I.T. program and its core values. Ms. Blast stated employees will do their
best to serve the customers both internal and external with excellent performance,
integrity, responsibility, innovation, and teamwork and thanked the City Commission for
providing the S.P.I.R.I.T. Committee with the framework they can use to continue to
improve the service to the citizens of Delray Beach.
7.C.Anti-Litter Poster Contest Winners
Jennifer Buce, Litter Prevention Coordinator, stated the Community
Improvement Department is implementing a new program that is focusing on litter
prevention and she feels a great way to start the program off is to involve the youth and
the community so she ran the poster contest. The purpose of the contest was to promote
awareness of the litter issues in Delray Beach and use the overall winner’s poster for
marketing purposes. All the public and private schools were notified and invited to
participate in the contest. Ms. Buce stated she received over 300 posters from American
Heritage, Banyan Creek, S.D. Spady, Unity and Toussaint L’Overture High School. Ms.
Buce announced the following winners of the Anti-Litter Poster Contest (no participation
from the Middle School level):
- 3 -
05/02/06
High School Level:
st
?
Max
1 Place over all and winner of a $100.00 savings bond –
Van Arnem
nd
?
Hannah
2 Place and winner of a $75.00 savings bond –
Jacobson
rd
?
Thomas Jenkins
3 Place –
?
Duckson Pierre Louis
Honorable Mention –
Elementary School Level:
st
?
Kimberly Galvin
1 Place and winner of a $50.00 savings bond –
nd
?
Annie Garner
2 Place –
rd
?
Morgan White
3 Place –
?
Nikki Sikes
Honorable Mention –
7.D.Miracle League Update – Jeff Kadel
1.TRI-PARTY OPERATING AGREEMENT/MIRACLE
LEAGUE FIELD:
Approve a Tri-Party Operating Agreement
between the City, Miracle League of Delray Beach, Inc. (MLDB),
and Anthony Pugliese, III as Trustee for Anthony V. Pugliese, V
for the Miracle League Field at Miller Park.
Pat Archer stated Jeff Kadel and his wife Julia have worked very hard
putting together the Miracle League organization and noted that Mr. Kadel is serving as
the President and they are very pleased to be here this evening.
Jeff Kadel, stated over the last year they have made much progress,
created various committees and have over 40 volunteers. He stated they have a grant
committee which is run by Sharon L’Herrou/Weed & Seed Program, a grant with Coca-
Cola and one with the Baseball Tomorrow Foundation with up to five others coming
along. He stated Walters Zackria Associates (WZA) is doing the preliminary designs and
the layout work (showed the Commission what the field will look like). Mr. Kadel stated
he has a commitment from Bermuda Landscaping who has offered to donate their
landscaping services as well as some if not all the plant material shown on the design.
Coca-Cola will provide the scoreboard and Mr. Kadel is reaching out to the local
concrete and asphalt companies to see if they can help out as well. Mr. Kadel stated he
has been informed that once construction starts on the field it should only take a couple of
months to put it together and has consequently allocated five months in their planning.
Mr. Kadel stated they are now working on a Player/Participation Committee to help get
the word out early and so that by the time the field is ready everyone will know about the
league and the field. Flyers have been distributed to a variety of organizations that work
with special needs children. Mr. Kadel stated they have raised approximately $22,000.00
and they have been given $10,000.00 from the City of Delray Beach, $10,000.00 from
Palm Beach County, Mr. Kadel’s company is donating $10,000.00, one of the Board
Member’s mother-in-law has pledged $10,000.00 and there is a fraternity and sorority at
FAU that have come together and promised to raise $10,000.00. Mr. Kadel stated the
naming rights sponsor is the biggest sponsorship committing $150,000.00 and is a big
- 4 -
05/02/06
boost in helping them reach their goal of $500,000.00. The groundbreaking ceremony is
scheduled for October 27, 2006. Mr. Kadel thanked the City Commission for their help
and support.
Mrs. Archer stated Joe Weldon, Director of Parks and Recreation, and his
staff contributed a great deal of time and service to make this happen. In addition, Mrs.
Archer thanked the City Attorney and staff along with Mr. Pugliese who stepped forward
to support his community in Delray. She stated she would particularly like to thank the
City of Delray Beach for having the foresight and understanding that we had to take care
of the special needs children within Palm Beach County.
Prior to the vote, Mayor Perlman suggested that the City of Delray Beach
formally recognize the Pugliese Family for the generous donation.
Mr. Levinson moved to approve the Tri-Party Operating Agreement
between the City of Delray Beach, Anthony Pugliese, III as Trustee for Anthony V.
Pugliese, V and the Miracle League of Delray Beach, Inc. (MLDB) for the Miracle
League Field at Miller Park, seconded by Mrs. Ellis. Upon roll call the Commission
voted as follows: Mayor Perlman – Yes; Mrs. Ellis – Yes; Mr. Fetzer – Yes; Mr.
Levinson – Yes; Mrs. Montague – Yes. Said motion passed with a 5 to vote.
7.E.Recognition of Jan Kucera Winney and Susan Isreal – Circle on the
Square
Melissa Carter, Director of Marketing & Public Relations for Old School
Square, on behalf of the Board of Directors and the staff of Old School Square introduced
Jan Kucera Winney and Susan Isreal who co-chaired the Circle on the Square fundraising
event for the past two years. Ms. Carter stated this started last year as an idea to draw in
young professionals to Old School Square and they brainstormed and came up with this
Circle on the Square food and wine tasting event. Ms. Carter stated the event was very
successful and they raised $50,000.00 this year and there were more than 400 in
attendance.
On behalf of the Delray Beach City Commission, Mayor Perlman read and
presented an award to Jan Kucera Winney as recognition of distinguished leadership as
Co-Chair of the Circle on the Square food and wine tasting event benefiting Old School
Square. Jan Kucera Winney came forward to accept the award and recognized the
Committee members and thanked everyone involved.
7.F.“Delray Beach…Get Caught Reading” Awards – Commissioner Fred
Fetzer; William Fay, Jr., Principal, Banyan Creek Elementary School; Mary
Stratos, Principal, Carver Middle School; Maria Barber, Head Mistress, Unity
School; and Annette Reizburg, Cold Stone Creamery
Janet Meeks, Education Coordinator, introduced Debbie Kaiser, Chairman
of the Education Board.
- 5 -
05/02/06
Debbie Kaiser, Chairman of the Education Board, stated after Hurricane
Wilma Mayor Perlman and the Commission proclaimed November 2005 as Delray Beach
Family Literacy Month and the Education Board launched a variety of initiatives to
infuse literacy into existing programs within the community as well as to identify new
opportunities to raise literacy awareness and to help the students succeed in school and
life. Consequently, they developed a proposal for summer academic camp enrichment
th
for 360 of the Parks and Recreation kindergarten through 5 grade summer campers
driven by the data that shows all children lose 2-3 months of learning over the summer
without enrichment and the low income children lose an even greater amount. She stated
they needed an on-site library and weekly reading events to augment the program. Ms.
Kaiser thanked the Principals and Commissioner Fetzer for coming to the rescue for the
partnership they drove with the Education Board and Cold Stone Creamery. On January
19, 2006, they hosted a school showcase of the arts in partnership with Art & Jazz on the
Avenue and three Delray schools (Carver, Unity, and Banyan Creek) and Cold Stone
Creamery where the Principals and Commissioner Fetzer scooped ice cream. She stated
she really appreciates the partnership with the schools and noted that Cold Stone
Creamery is donating 30% of the proceeds for the evening ($350.00) towards books for
the program. In addition, she stated Cold Stone collected over 100 books to add to their
library. Ms. Kaiser presented Maria Barber/Unity, Bill Fay/Banyan Creek, Mary
Stratos/Carver, Commissioner Fetzer, and a representative from Cold Stone Creamery
with a “Super Scooper Award” in appreciation of everything they have done.
7.G.“Principal of the Year” Awards – William Fay, Jr., Banyan Creek
Elementary School; Tammy Ferguson, Village Academy; and Lena Roundtree,
Delray Full Service Center
Janet Meeks, Education Coordinator, stated every year the Classroom
Teacher’s Association does a survey with their teachers and as a result 18 principals were
selected out of over 160 schools. Mrs. Meeks and Mayor Perlman presented William
Fay, Jr. (Banyan Creek Elementary), Tammy Ferguson, (Village Academy), and Lena
Roundtree (Delray Full Service Center) with “Principal of the Year” Awards in
recognition.
Mayor Perlman stated this community has outstanding Principals.
7.H.Tom Bishop Music Award – Keary Pence, Carver Middle School
Debbie Kaiser, Chairman of the Education Board, stated the City
Commission and the Education Board recognized Keary Pence for receiving the Tom
Bishop Music Award. She stated this award recognizes band instructors who have
created music programs from the ground up with excellence. Ms. Kaiser stated not only
has Mr. Pence created the Carver Middle School Band but his students have competed in
invited festivals at Universal and the Palm Beach County Music Festivals where the band
has received numerous superior ratings. Ms. Kaiser stated as a result of Mr. Pence’s
continued dedication to music, Carver is seeking an expansion of their music program by
the addition of a new chorus program in the coming year.
- 6 -
05/02/06
At this point, Mayor Perlman presented the Tom Bishop Music Award to
Keary Pence.
Mary Stratos, Principal of Carver Middle School, thanked the City
Commission for recognizing Mr. Pence and stated three character qualities Carver has
been emphasizing with the students is integrity, teamwork, and caring. She stated the
FCAT scores is moving forward and she is very proud of the students. A new building
will be built by 2008 and the IB Program is growing. She stated it is important to note
that the children are growing academically and socially too.
7.I.Bexley Park Site Plan Presentation – Tim Sharp, CH2M Hill, Inc.
Tim Sharp, CH2M Hill, Inc., gave a brief presentation regarding the site
plan for an 11 acre passive park that will be developed in the residential area of Bexley
Park located off Military Trail near Lake Ida Road. Mr. Sharp stated the design is near
completion and anticipates that construction will begin in the fall.
8.CONSENT AGENDA:
City Manager Recommends Approval.
8.A.RATIFICATION OF THE SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS:
Approve
and ratify the actions of the South Central Regional Wastewater Treatment and Disposal
Board at their Quarter Annual Meeting of April 20, 2006.
8.B.RESOLUTION NO. 22-06:
Approve Resolution No. 22-06 assessing
costs for abatement action required to remove nuisances on four (4) properties throughout
the City.
The caption of Resolution No. 22-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO
CHAPTER 100 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR
ABATING NUISANCES UPON CERTAIN LAND(S)
LOCATED WITHIN THE CITY OF DELRAY BEACH AND
PROVIDING THAT A NOTICE OF LIEN SHALL
ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO
ACCOMPLISH SUCH ABATEMENT AND LEVYING THE
COST OF SUCH ABATEMENT OF NUISANCES;
PROVIDING FOR AN EFFECTIVE DATE AND FOR A
DUE DATE AND INTEREST ON ASSESSMENTS;
PROVIDING FOR THE RECORDING OF THIS
RESOLUTION, AND DECLARING SAID LEVY TO BE A
- 7 -
05/02/06
LIEN UPON THE SUBJECT PROPERTY FOR UNPAID
ASSESSMENTS.
(The official copy of Resolution No. 22-06 is on file in the City Clerk’s
office.)
st
8.C.ACCEPTANCE OF RIGHT-OF-WAY DEED/114 N.E. 1 AVENUE:
st
Approve and accept a right-of-way deed associated with the development of 114 N.E. 1
ststnd
Avenue, located on the west side of N.E. 1 Avenue between N.E. 1 Street and N.E. 2
Street.
8.D.REQUEST FOR SIDEWALK DEFERRAL/508 NORTH SWINTON
st
AVENUE:
Approve a request to defer the installation of a sidewalk along N.W. 1
Avenue for 508 North Swinton Avenue. Staff recommends approval.
8.E.GRANT APPLICATION/UNITED STATES FIRE
ADMINISTRATION/ FIRE ACT GRANT:
Authorize staff to submit a Fire Act Grant
application to the United States Fire Administration for funding in the amount of
$84,925.00 with a 20% local match of $21,231.00 from the City for the replacement of
two (2) Special Events Response vehicles.
8.F.GRANT APPLICATION TO CHILDREN’S SERVICES COUNCIL:
Authorize staff to submit a grant application to the Children’s Services Council (CSC) for
funding in the approximate amount of $315,702.35 for the City’s out of school program,
day camps, and summer camp programs.
8.G.MOTOROLA SERVICE AGREEMENT:
Approve an annual service
agreement with Motorola in the amount of $117,090.84 for service of the City’s portable
radios and the equipment used for the City’s 800 MHz dispatch system. Funding is
available from various departmental budgets.
TH
8.H.SPECIAL EVENT REQUEST/9 ANNUAL DOWNTOWN
th
DELRAY CRAFT FESTIVAL:
Approve a special event request for the 9 Annual
Downtown Delray Craft Festival sponsored by Howard Alan Events, Ltd. to be held May
27 and May 28, 2006.
8.I.ADDENDUM NO. 1/FLORIDA COMMUNITIES TRUST (FCT)
GRANT CONTRACT:
Approve Addendum No. 1 to the Florida Communities Trust
(FCT) Grant Contract which provides for an extension of the grant expiration date to
August 31, 2006.
8.J.REQUEST TO EXTEND CLOSING HOURS FOR SANDOWAY
PARKING LOT:
Approve a request to extend the closing hours to 12:00 a.m.
(midnight) at the Sandoway Parking Lot on Friday, June 23, 2006 to accommodate the
Atlantic High School Class of 1976 Thirty Year Reunion.
- 8 -
05/02/06
8.K.AGREEMENT/PALM BEACH COUNTY/SOUTH COUNTY
COURTHOUSE GARAGE:
Approve the renewal of the license Agreement between
the City and Palm Beach County for the utilization of the South County Courthouse
Garage on Thursday, Friday, and Saturday evenings and Sunday afternoons.
8.L.FINAL PAYMENT/RANDOLPH & DEWDNEY CONSTRUCTION,
INC.:
Approve final payment in the amount of $32,697.97 to Randolph & Dewdney
Construction, Inc. for completion of the Fire Apparatus Maintenance Building Project.
Funding is available from 334-6111-519-62.10 (General Construction Fund/Buildings).
8.M.CHANGE ORDER NO. 1 (CONTRACT CLOSEOUT)/FINAL
PAYMENT/ MEF CONSTRUCTION, INC.:
Approve Change Order No. 1
(Contract Closeout) in the amount of a $46,670.39 decrease and final payment in the
th
amount of $33,737.48 to MEF Construction, Inc. for completion of the S.W. 12 Avenue,
thrd
S.W. 11 Avenue, and S.W. 3 Street Infrastructure Improvements Project. Funding is
available from 442-5178-536-65.97 (Water/Sewer Renewal & Replacement Fund/Other
ththrd
Improvements/S.W. 12 Ave., S.W. 11 Ave., and S.W. 3 St.).
8.N.CHANGE ORDER NO. 1 (CONTRACT CLOSEOUT)/FINAL
PAYMENT/ MEF CONSTRUCTION, INC./HIGH POINT WATER MAIN
INTERCONNECT:
Approve Change Order No. 1 (Contract Closeout) in the amount of
a $10,413.04 decrease and final payment in the amount of $7,814.15 to MEF
Construction, Inc. for completion of the High Point Water Main Interconnect Project.
Funding is available from 442-5178-536-65.29 (Water/Sewer Renewal & Replacement
Fund/High Point Interconnect).
8.O.CHANGE ORDER NO. 5 (CONTRACT ADDITION)/CHAZ
EQUIPMENT COMPANY, INC.:
Approve Change Order No. 5 (Contract Addition)
in the amount of $9,800.60 to Chaz Equipment Company, Inc. to the Swinton Avenue
Beautification Project for the application of “Tnemec” brand paint to the liquid chlorine
bulk storage secondary containment area in compliance with EPA (Environmental
Protection Agency) standards. Funding is available from 442-5178-536-64.45
(Water/Sewer Renewal & Replacement Fund/Gas Chlorine Conversion).
8.P.REVISED DOWNTOWN MARKETING CO-OPERATIVE
AGREEMENT:
Approve a Revised Downtown Marketing Co-operative Agreement
(formerly known as the Joint Venture) with the City, Community Redevelopment
Agency, Downtown Development Authority, and the Chamber of Commerce to combine
all previous agreements into one revised agreement.
8.Q.AUTHORIZATION TO FORECLOSE/700 AVENUE CHAUMONT/
CHATELAINE:
Authorization to foreclose on 700 Avenue Chaumont, Chatelaine, due
to code enforcement liens.
8.R.CLASS ACTION LAWSUIT/STARWOOD HOTELS
(SHERATON/WESTIN HOTELS):
Approve participating in a class action lawsuit
regarding Starwood Hotels, including Sheraton and Westin Resorts, for breach of
- 9 -
05/02/06
contract for failure to notify guests that a “resort fee”, facility fee” and/or “convenience
fee” would be imposed.
8.S.RESOLUTION NO. 26-06:
Approve Resolution No. 26-06 supporting
Lake Worth Drainage District’s funding request of two (2) million dollars from the
Florida Legislature for the L-40 Berm Enhancement Project.
The caption of Resolution No. 26-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, SUPPORTING
LAKE WORTH DRAINAGE DISTRICT’S REQUEST OF
TWO (2) MILLION DOLLARS FROM THE FLORIDA
LEGISLATURE FOR THE L-40 BERM ENHANCEMENT
PROJECT.
(The official copy of Resolution No. 26-06 is on file in the City Clerk’s
office.)
8.T.HOUSING REHABILITATION GRANT/CONTRACT AWARD:
Approve a Housing Rehabilitation grant/contract award, which exceeds the maximum
amount of $35,000.00, to an eligible family under the Community Development Block
Grant (CDBG) Program, in the amount of $61,940.00 to JMosca Builders, LLC (23 N.W.
th
9 Street). Funding is available from 118-1963-554-49.19 (State Housing Initiatives
Partnership (SHIP) Program/Housing Rehabilitation).
8.U.AWARD OF BIDS AND CONTRACTS:
1.
Contract award to Needham Roofing, Inc. in the amount of
$259,663.00 for the Pompey Park Center Re-Roofing
Project. Funding is available from 334-4172-572-46.10
(General Construction Fund/Building Maintenance).
2.
Contract award to Kilbourne & Sons in the amount of
$34,350.00 for the restorations to the asphalt driveways in
the Chatelaine Neighborhood required after sidewalks were
recently installed. Funding is available from 334-6130-
541-63.89 (General Construction Fund/Neighborhood
Enhancements).
3.
Purchase award to R&S Integrated Products and Services,
Inc., as a sole source vendor, in the amount of $20,880.00
for the purchase of an add-on to the current LaserFiche
Document Imaging System; including the purchase of a
document imaging scanner, licenses, set-up, training and
software for the Finance Department. Funding is available
from 001-1511-513-64.11 (General Fund/Computer
Equipment).
- 10 -
05/02/06
4.
Purchase award to Sensus Metering Systems, as a sole
source purchase, in the amount of $102,600.00 for the
purchase of 800 transceiver units required to upgrade
existing water meters to radio water meter reading
equipment for the Finance Department. Funding is
available from 442-5178-536-52.31 (Water/ Sewer
Renewal & Replacement Fund/Water Meter Replacement
under $750).
5.
Contract award to Guidance Group in the total estimated
amount of $75,996.43, as a sole source vendor, for the
repairs and/or replacement of several “Wayfinder” Signs
damaged by Hurricane Wilma. Funding is available from
551-1575-591-45.50 (Business Insurance Fund/Property
Claims).
6.
Contract award to Castle Florida General Contractor in the
amount of $24,000.00 for repairs to Cason Cottage due to
Hurricane Wilma. Funding is available from 551-1575-
591-45.50 (Business Insurance Fund/Property Claims).
7.
Purchase award to PC Universe in the amount of
$18,248.00 for the purchase of PIX hardware for the Police
firewall to include unrestricted software, failover software,
ethernet card, maintenance, and fiber optic cables. Funding
is available from 001-2113-521-64.11 (General
Fund/Computer Equipment).
Mr. Fetzer moved to approve the Consent Agenda as amended, seconded
by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Ellis – Yes;
Mr. Fetzer – Yes; Mr. Levinson – Yes; Mrs. Montague – Yes; Mayor Perlman – Yes.
Said motion passed with a 5 to 0 vote.
Item 9.C. of the Regular
At this point, the Commission moved to
Agenda.
9.C.MUNICIPAL UNDERGROUND UTILITIES CONSORTIUM
(MUUC):
Consider a request that we join the Municipal Underground Utilities
Consortium (MUUC) regarding Florida Power & Light’s (FPL) recent tariff filing
offering a 25% credit for local government underground electric service conversion
projects.
The City Manager stated the City of Delray Beach received a request from
the Town of Palm Beach that the City of Delray Beach consider becoming a part of this
consortium. Florida Power & Light (FPL) has proposed some tariff changes that would
allow some funding for underground electric service conversion projects. He stated the
consortium would have an expert evaluate the proposed tariffs and be involved in
hearings before the Public Service Commission.
- 11 -
05/02/06
Mr. Levinson suggested that there be a cap placed on the amount.
Mr. Levinson moved to approve that the City of Delray Beach join the
Municipal Underground Utilities Consortium (MUUC) with a cost not to exceed
$2,000.00, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr.
Fetzer – Yes; Mr. Levinson – Yes; Mrs. Montague – Yes; Mayor Perlman – Yes; Mrs.
Ellis – Yes. Said motion passed with a 5 to 0 vote.
Item 9.G. of the Regular
At this point, the Commission moved to
Agenda.
9.G.ABATE LAWSUIT/VISTA DEL MAR, L.C. V. CITY OF DELRAY
BEACH:
Provide direction regarding whether or not to abate the civil lawsuit in Vista
Del Mar, L.C. v. City of Delray Beach pending the outcome of the appellate case.
Mr. Levinson moved to approve to abate the new lawsuit in Vista Del
Mar, L.C. v. City of Delray Beach, seconded by Mrs. Ellis. Upon roll call the
Commission voted as follows: Mr. Levinson – No; Mrs. Montague – No; Mayor Perlman
DENIED
– No; Mrs. Ellis – No; Mr. Fetzer – No. Said motion was with a 5 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. 22-06:
An ordinance amending Chapter 101,
“Municipal Parks, Beaches and Other Recreational Sites”, of the Code of Ordinances by
amending Section 101.23, “Criminal Trespass”, to clarify that buildings shall include but
not be limited to lifeguard towers. 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. 22-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 101, “MUNICIPAL PARKS,
BEACHES AND OTHER RECREATIONAL SITES”, OF
THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, BY AMENDING SECTION 101.23,
“CRIMINAL TRESPASS”, TO CLARIFY THAT
BUILDINGS SHALL INCLUDE BUT NOT BE LIMITED
TO LIFEGUARD TOWERS; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 22-06 is on file in the City Clerk’s
office.)
- 12 -
05/02/06
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 22-06,
the public hearing was closed.
Mrs. Ellis moved to adopt Ordinance No. 22-06 on Second and FINAL
Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows:
Mrs. Montague – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mr. Fetzer – Yes; Mr.
Levinson – Yes. Said motion passed with a 5 to 0 vote.
10.B.ORDINANCE NO. 23-06:
An ordinance amending Chapter 36,
“Finance; City Property Transactions”, of the Code of Ordinances by amending Section
36.01, “Compliance with Standard Practice Instructions”, to provide that invitations to
negotiate are exempt from the requirements of Chapter 36. 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. 23-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 36, “FINANCE; CITY
PROPERTY TRANSACTIONS”, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
BY AMENDING SECTION 36.01, “COMPLIANCE
WITH STANDARD PRACTICE INSTRUCTIONS”,
TO PROVIDE THAT INVITATIONS TO
NEGOTIATE ARE EXEMPT FROM THE
REQUIREMENTS OF CHAPTER 36; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 23-06 is on file in the City Clerk’s
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 23-06,
the public hearing was closed.
- 13 -
05/02/06
Mr. Fetzer moved to adopt Ordinance No. 23-06 on Second and FINAL
Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows:
Mayor Perlman – Yes; Mrs. Ellis – Yes; Mr. Fetzer – Yes; Mr. Levinson – Yes; Mrs.
Montague – Yes. Said motion passed with a 5 to 0 vote.
10.C.ORDINANCE NO. 24-06:
An ordinance amending Chapter 35,
“Employees Policies and Benefits”, of the Code of Ordinances by amending Section
35.097, “Retirement Income; Basis, Amount, and Payment”, to provide for payment of
Lump-Sum Distributions in excess of $1,000.00. 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. 24-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 35, "EMPLOYEE POLICIES
AND BENEFITS", SUBHEADING "RETIREMENT
PLAN", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 35.097, “RETIREMENT
INCOME; BASIS, AMOUNT AND PAYMENT”, TO
PROVIDE FOR PAYMENT OF LUMP-SUM
DISTRIBUTIONS IN EXCESS OF $1,000.00 ONLY
UPON THE WRITTEN ELECTION OF A MEMBER OR
DESIGNATED BENEFICIARY; PROVIDING A
GENERAL REPEALER CLAUSE; A VALIDITY
CLAUSE; AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 24-06 is on file in the City Clerk’s
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 24-06,
the public hearing was closed.
Mrs. Ellis moved to adopt Ordinance No. 24-06 on Second and FINAL
Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows:
Mrs. Ellis – Yes; Mr. Fetzer – Yes; Mr. Levinson – Yes; Mrs. Montague – Yes; Mayor
Perlman – Yes. Said motion passed with a 5 to 0 vote.
At this point, Mr. Levinson left the dais.
- 14 -
05/02/06
10.D.ORDINANCE NO. 25-06:
An ordinance amending Chapter 33, “Police
and Fire Departments”, Subheading “Pensions” of the Code of Ordinances by amending
Section 33.62, “Benefit Amounts and Eligibility”, to provide for payment of Lump-Sum
Distributions in excess of $1,000.00. 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. 25-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 33, "POLICE AND FIRE
DEPARTMENTS", SUBHEADING "PENSIONS", OF
THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING
SECTION 33.62, “BENEFIT AMOUNTS AND
ELIGIBILITY”, AND SECTION 33.67 "OTHER
PROVISIONS”, TO PROVIDE FOR PAYMENT OF
LUMP-SUM DISTRIBUTIONS IN EXCESS OF
$1,000.00 ONLY UPON THE WRITTEN ELECTION
OF A MEMBER OR DESIGNATED BENEFICIARY;
PROVIDING A GENERAL REPEALER CLAUSE; A
SAVING CLAUSE; AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 25-06 is on file in the City Clerk’s
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 25-06,
the public hearing was closed.
Mrs. Montague moved to adopt Ordinance No. 25-06 on Second and
FINAL Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as
follows: Mr. Fetzer – Yes; Mrs. Montague – Yes; Mayor Perlman – Yes; Mrs. Ellis –
Yes. Said motion passed with a 4 to 0 vote.
At this point, Mr. Levinson returned to the dais.
Item 11, Comments and
At this point, the Commission moved to
Inquiries on Non-Agenda Items from the City Manager and the Public.
- 15 -
05/02/06
11.A.City Manager’s response to prior public comments and inquiries.
In response to a prior comment expressed by Mrs. Finst as to whether the
City should implement a Central Business District (CBD) associated with the Design
Guidelines in other districts throughout the city, the City Manager stated the setbacks
within the Design Guidelines provide additional setbacks at three stories and above to
mitigate the impact of structures that have minimal front setbacks (usually five or ten
feet) within the Central Business District (CBD). The other zoning districts outside the
downtown core have much greater front setbacks usually 25 feet to 30 feet which in
themselves minimize any “canyonization” affect and therefore the need for any additional
upper story setbacks.
With regard to a prior concern expressed by Ilyne Cooper about the vacant
lot that is the future site of the Western Community Center. The City’s in-house
construction crew began clearing underbrush on the site and will continue this activity for
the next week or so until all the underbrush is cleared, then a contractor will haul it away.
He stated this should be finished before the end of the month.
With regard to a prior comment expressed by Ms. Johnson about the vote
in the last election and that the citizens were engaged and came out to vote in historic
numbers, the City Manager stated in looking back at prior elections the turnout for this
past election was 22%, the 2000 election was 27%, the 1999 election was 21%, the 1991
election was 20%, and in 1992 there was a referendum along with the election and the
turnout was 42%.
11.B.From the Public.
11.B.1.Alice Finst, 707 Place Tavant, Delray Beach,
speaking on behalf of
Progressive Residents of Delray (P.R.O.D.), expressed concern over the number of
demolitions around town leaving vacant properties within chain link fence and flapping
green barriers. Mrs. Finst stated P.R.O.D. is particularly concerned with the Post Office
property where a demolition occurred but no site plan was presented to SPRAB (Site Plan
Review and Appearance Board). She asked if the Commission can require a site plan
before demolition occurs and require some kind of bond to see that the project is
completed. She asked if something can be done to prevent these vacant parcels of land.
th
11.B.2.Shirley E. Johnson, 701 N.W. 4 Street, Delray Beach,
stated she
stands corrected with regard to her comments at the April 18, 2006 City Commission
meeting and noted she did not do her homework on all of the elections. Ms. Johnson
stated she should have specified that “in specific precincts it may have been a historic
turnout”.
Secondly, she commended City staff (in particular Jennifer Buce, Litter
Prevention), and everyone who has been involved in the litter pickup in the northwest
section. Ms. Johnson stated the appearance of the neighborhood has improved and she
appreciates it.
- 16 -
05/02/06
11.B.3.Carol Gevirts, 1061 Orange Terrace #101, Delray Beach,
stated she is
surprised to see that notices were being given out about the Commission being televised.
She stated the elderly people are interested in what is going on in Delray Beach; however,
the majority of them do not have a means of getting to City Hall. She stated if the City
Commission meetings were televised, those who are housebound, and those who cannot
afford to own a car and buy gas to make it here, could get the information from the
television. Ms. Gevirts urged the Commission to consider televising the City
Commission meetings because she feels the community should know about all the nice
things that are going on in Delray Beach.
11.B.4.Shelly Weil, 925 Greensward Lane, Delray Beach (President of The
Hamlet),
speaking on behalf of The Hamlet, stated for the last 25 years The Hamlet has
had numerous fundraisers for various causes (i.e. Komen Cure for Breast Cancer, ADL,
etc.) and usually they give $10,000.00 to the Police, $10,000.00 to Fire, $10,000.00 to
EMS) and the balance would go to United Way. Mr. Weil stated they found that there
were two other good causes in town (i.e. Delray Beach Public Library and Old School
Square) and as a result this year, The Hamlet will be giving $20,000.00 to Police,
$20,000.00 to EMS, $14,000.00 to the Delray Beach Library, and $14,000.00 to Old
School Square. Mr. Weil stated they do these things because they are so proud to be a
part of the City of Delray Beach and he thanked the Commission for their support.
st
11.B.5.Abbey Weiss, 809 N.E. 1 Street, Delray Beach,
stated at the last City
Commission meeting she expressed concern over the graffiti under the Atlantic Avenue
Bridge at Veteran’s Park and how she contacted Community Improvement and they said
they would take care of it. In addition, she stated she would be a “watchdog” and make
sure that there was no more graffiti under the bridge. Ms. Weiss stated the graffiti under
the bridge has been taken care of and she thanked Community Improvement (Lula Butler
and Darcy Tyson). Additionally, Ms. Weiss stated she was contacted by a representative
of the Public Arts Advisory Board who told her that a plan had been established for the
art project that is going to be done under the bridge. She stated she is very happy that the
graffiti is gone and extended kudos to the Community Improvement staff.
Secondly, Ms. Weiss stated on Monday, May 8, 2006 at 3:00 p.m. at the
Delray Beach Public Library the organization she is with will be presenting a $5,000.00
grant. This grant will be used for the summer camp program to provide books for the
children which is part of the new literacy program that will be included in the summer
camp program and is part of the “Get Caught Reading” initiative.
11.B.6.Mark Fields, 414 Seasage Drive #5, Delray Beach,
stated if he is
understanding the law correctly the crosswalks on A-1-A that are marked with the white
X’s and lines through them means operators of vehicles are supposed to stop for any
pedestrian and commented that this never happens. He stated in some communities there
are small markers put on the sides to alert pedestrians that they have the right-of-way.
Mr. Fields stated it is the responsibility of vehicle operators to know that when someone
is coming across the crosswalk, we are supposed to stop. He expressed concern that
eventually someone is going to get killed on A-1-A.
- 17 -
05/02/06
Secondly, he expressed concern over the inordinate amount of pedestrian
traffic trying to cross from the Blue Anchor over to Atlantic Plaza both during the
evening and daytime hours and commented people are using this as a crosswalk. Mr.
Fields stated someone is also going to get killed here and assuming that something goes
in where the Atlantic Plaza is, there will be even more traffic. He stated there has to be a
th
plan for a crosswalk and suggested that people be encouraged to go to 7 Avenue or have
some other kind of crosswalk installed.
At this point, the time being 7:17 p.m., the Commission moved back to the
Regular Agenda.
9.REGULAR AGENDA:
9.A.CONDITIONAL USE REQUESTS/VILLAGE PARC:
Consider two
(2) conditional use requests to allow the construction of 104 townhome units within
sixteen (16) buildings (stand alone residential development) and allow a density in excess
of 12 units per acre (17.8 du/ac proposed) pursuant to Land Development Regulations
(LDR) Section 4.7, “Workforce Housing”, for Village Parc, located on the east side of
North Federal Highway, approximately 2,300 feet south of Gulfstream Boulevard (former
(Quasi-Judicial Hearing)
Delray’s Lost Drive-In site).
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.
Janet K. Whipple, Deputy 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 had some conversation with the developer and
several people from the development. Mayor Perlman stated he had a few conversations
several months ago with the development team. Mrs. Ellis stated she too has had
conversations with the development team several months ago. Mr. Fetzer stated he has
had discussions with one of the property owners adjacent to the Second Chance
Emporium.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2006-054 into the record.
Mr. Dorling stated this is a 7.81 acre site and is currently the location of
the Delray’s Lost Drive-In/Swap Shop. The proposal involves two conditional uses; the
first conditional use request is to allow for the construction of 104 townhome units in
sixteen (16) buildings as a stand alone residential development in the General
Commercial (GC) Zoning District. The second conditional use request is to allow an
increase in density overall for the site between 12 and 18 units to the acre subject to the
provisions of Article 4.7 which is the family workforce housing ordinance recently
passed by the City Commission. The staff report outlines the required findings that need
- 18 -
05/02/06
to be made to achieve the increase in densities between RM-6 and RM-12 and those
performance standards under Section 4.4.6 have been met with this project. Mr. Dorling
stated there are a few minor conditions that need to be met but will be addressed at the
SPRAB approval process. There are 134 total dwelling units proposed on the site for an
overall density of 17.81. The applicant has proposed fifteen owner occupied moderate
income workforce units within the mixed use buildings that are along Federal Highway.
This provision would allow an additional density bonus of 45 additional units above the
12 units per acre and 41 is being sought at this time. Mr. Dorling stated the required
findings with respect to Section 4.4.6 and 4.4.7 and 2.4.5(E)(5) are made in the staff
report.
At its meeting of April 13, 2006, the Community Redevelopment Agency
(CRA) considered this project and recommended approval. The CRA suggested that the
City may want to examine the feasibility of the developer providing a right turn lane into
the project and Mr. Dorling stated staff will take a look at this during the site plan
process.
At its meeting of April 17, 2006, the Planning and Zoning Board held a
public hearing and after discussing the proposal they recommended approval with a 7 to 0
vote. There was one member of the public that expressed some concern that the existing
access to the property be maintained throughout construction. Staff recommends
approval subject to the conditions outlined in the staff report with an added condition that
all existing access right-of-ways to adjacent properties in regards to means of egress be
maintained at all phases during project construction.
Mayor Perlman stated if anyone would like to speak in favor or in
opposition of the conditional use requests, to please come forward at this time.
Mitch Kushner, 1802 N. Military Trail, Boca Raton,
stated he is proud
of this development and noted there will 15 workforce housing units. He thanked the
staff and City Commission for their support.
At this point, Janet K. Whipple, Deputy City Clerk, swore in the following
individual:
st
Abbey Weiss, 809 N.E. 1 Street, Delray Beach,
stated it is very
commendable that the community is starting to see efforts being made by developers in
order to include workforce housing and thanked Mr. Dorling for his efforts.
The following individuals gave a brief rebuttal:
Michael J. Covelli, Agent,
stated he would like to make it clear that this
is not a situation where as it may be perceived that the workforce housing was pushed out
in the front of this project. Mr. Covelli briefly reviewed the elevations and stated this
project is truly a mix of condominium and workforce units all in one building.
- 19 -
05/02/06
Mayor Perlman asked if the workforce housing ordinance includes a
provision that there should be no difference between the quality of the units and that they
are supposed to be mixed in. Mr. Dorling stated the workforce housing units have to be
comparable (i.e. including the appliances and air conditioning units).
Mrs. Montague asked if the ordinance stipulates that workforce housing is
to be scattered throughout a project and does it tell geographically where these units are
to be located. Mr. Dorling stated the ordinance contains a general statement that you do
not want to concentrate workforce housing units within a project and that they need to be
spread out. There is not a requirement that they be in all areas of a development but that
they are intermingled.
Mr. Levinson thinks the project is great.
The City Attorney reviewed the Board Order with the Commission who
made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Prior to the vote, Mayor Perlman commended the development team for
working on the workforce component and stated it is greatly appreciated.
Mrs. Montague moved to approve the Board Order as set forth, seconded
by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson – Yes;
Mrs. Montague – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mr. Fetzer – Yes. Said
motion passed with a 5 to 0 vote.
9.B.CONDITIONAL USE REQUEST/PROFILES IN CONCRETE:
Consider a request to allow an existing ornamental cast concrete/stone manufacturing
facility (Profiles In Concrete) to accommodate an outside storage area and dumpster,
(Quasi-Judicial
located on the northeast corner of Poinsettia Drive and Lime Lane.
Hearing)
Janet K. Whipple, Deputy 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. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning project file #2005-017 into the record.
Mr. Dorling stated this is a request to establish an outside storage area for
an existing ornamental cast, concrete, and manufacturing facility known as Profiles in
Concrete. Mr. Dorling stated the black lot is the outside storage and noted they had been
previously cited by Code Enforcement in the parking areas and as a response they have
purchased an additional lot and have come in to provide this outside storage area. The
- 20 -
05/02/06
development proposal is to construct a 9,945 square foot outdoor storage area and
includes installation of an associated dumpster and landscaping.
At its meeting of April 17, 2006, the Planning and Zoning Board held a
public hearing in conjunction with the review of the Conditional Use modification
request and the Board voted 7 to 0 to recommend approval subject to the three
conditions: (1) approval of a site plan by SPRAB that is in general conformance to the
submitted site plan and addresses the Exhibit “A” – Technical Items and conditions of
approval attached to staff report; (2) that a dumpster enclosure detail which indicates
dimensions, screening, and materials proposed, and vision obscuring gates to be
provided; and (3) that no work is to be conducted outside in this storage area (i.e. no
sanding, cutting, forming, or treatment of the concrete products. Mr. Dorling noted that
this is in the Wallace Redevelopment area and just to the east is a single family home and
single family homes are considered non-conforming in the industrial district; however,
there is some landscape treatment that has been provided along there to provide adequate
buffering.
Jason Mankoff, Attorney with Weiner & Aronson, P.A., 102 N.
Swinton Avenue, Delray Beach,
representing Profiles in Concrete, stated this started as
a small business and there were some issues with storage code violations. He stated they
adopt the staff report and its findings and agree with all the conditions. In addition, Mr.
Mankoff stated they meet the intent of the Wallace Redevelopment Plan and meet the
requirements as stated in the Board Order concerning the Comprehensive Plan, the
LDR’s, and the required findings relating to outside storage.
Mayor Perlman stated if anyone from the public would like to address the
Commission regarding the conditional use modification request, to please come forward
at this time.
The City Attorney reviewed the Board Order with the Commission who
made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mrs. Ellis moved to approve the Board Order as set forth, seconded by Mr.
Fetzer. Upon roll call the Commission voted as follows: Mrs. Montague – Yes; Mayor
Perlman – Yes; Mrs. Ellis – Yes; Mr. Fetzer – Yes; Mr. Levinson – Yes. Said motion
passed with a 5 to 0 vote.
9.D.EVALUATION AND APPRAISAL REPORT (EAR):
Discuss the
major issues to be included in the Comprehensive Plan Evaluation and Appraisal Report
(EAR).
Ron Hoggard, Senior Planner stated this item deals with the required
component the Evaluation and Appraisal Report (EAR) for the Comprehensive Plan.
Prior to 1998, all the requirements of the year were uniform; however, because of new
legislation allows local government to evaluate only those issues that affect the local
jurisdiction. These are the issues that affect the City’s ability to achieve its goals. Mr.
- 21 -
05/02/06
Hoggard stated he included a copy of all the current goals from the elements (10) in the
staff report. Staff identified seven (7) major issues that were reviewed and agreed upon
by the Planning and Zoning Board. On April 24, 2006, a kick-off meeting for public
participation in the EAR process was held. He stated approximately 70 people were
present and participants identified additional issues which they felt should be included in
the EAR. Mr. Hoggard stated the Commission can accept the seven (7) elements agreed
upon by staff and the Planning and Zoning Board and modify the text of any of these
elements. Mr. Hoggard stated staff is trying to identify the ones to send to the state to
agree upon what we are going to evaluate in our plan.
Mr. Fetzer asked what the timeline is in order to meet the requirements. In
response, Mr. Hoggard stated the EAR is actually due in January and staff is planning to
go before the Planning and Zoning Board in June and to the City Commission in July.
Staff anticipates the adoption to be in September.
Mr. Levinson commented about the additional issues suggested by the
EAR participants and stated #8 is included in #1 and is redundant. He stated #9 is not an
accurate statement considering the parks that are being built in the downtown and
suggested that this be changed to “Is there a loss or maintenance of green space in the
downtown area?” Mr. Levinson stated #12 is really not an EAR issue.
Mayor Perlman commented about item #5. Mr. Hoggard stated these are
issues staff is looking at and does not necessarily mean that there is a problem. Mayor
Perlman stated the City is actually doing the Reclaimed Water Projects. Mr. Hoggard
stated these items will all be identified.
Brief discussion between staff and the Commission followed.
Mrs. Montague commented about Item #11 and asked what area this is
referring to. In response, Mr. Hoggard stated basically the issue is that the City does not
have design guidelines in other areas of the City other than the downtown.
The City Manager stated there are much greater setbacks in the downtown
area. He suggested that #9 state “whether existing regulations are adequate to control
building mass in areas of the city outside the downtown.”
After discussion, with regard to the participant’s suggestions the
Commission agreed that #8 & #10 is already identified in #1 of staff’s recommended
issues, #9 is amended as suggested by staff, #11 is amended as amended by staff, and #12
is not really appropriate. It was the consensus of the Commission to accept the seven (7)
issues provided by staff.
Mrs. Ellis moved to approve the list of major issues items #1-7 and the
addition of #9 and #11 as amended, seconded by Mrs. Montague. Upon roll call the
Commission voted as follows: Mayor Perlman – Yes; Mrs. Ellis – Yes; Mr. Fetzer –
Yes; Mr. Levinson – Yes; Mrs. Montague – Yes. Said motion passed with a 5 to 0 vote.
- 22 -
05/02/06
9.E.EVALUATION AND APPRAISAL REPORT (EAR) COMMITTEE
MEMBERS:
Consider appointment of Evaluation and Appraisal Report (EAR)
Committee Members.
Mayor Perlman suggested that rather than exclude anyone from these
committees that everyone be invited to participate. He stated that the elements can be
broken into the four committee structures (i.e. Future Land Use, Transportation, Housing,
Public Facilities, Coastal Management, Conservation, and Open Space & Recreation).
He suggested that this be done charette style in small groups facilitated by a staff person
at each of the tables and have intelligent debate in a safe atmosphere where people can
really feel an ability to participate and have their views heard. Mayor Perlman suggested
that we make the community the committee and have a good conversation around these
four elements.
Mr. Levinson stated this is a great idea and suggested that the City
Manager assign the key department heads who are appropriate for the particulars and that
these groups be comprised of approximately 10-15 facilitators per table.
Mr. Fetzer stated he too feels this is a great idea and would like to hear
from all of the residents.
Mrs. Montague suggested that there be proper representation with regard
to race, cultures, religion, income levels, and geographic levels. She stated aside from
the essential information, that people state their profession and/or their interest. She
emphasized to staff to reach out to the homeowners’ associations and that there is a cross
section of residents.
Mrs. Ellis moved to approve to make the community the Committee as the
public participation strategy of the Delray Beach City Commission, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mrs. Ellis – Yes; Mr. Fetzer
– Yes; Mr. Levinson – Yes; Mrs. Montague – Yes; Mayor Perlman – Yes. Said motion
passed with a 5 to 0 vote.
9.F.REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS:
Consider the actions and decisions made by the Land Development Boards
for the period April 17, 2006 through April 28, 2006.
At this point, Mayor Perlman stepped away from the dais.
Mr. Levinson moved to appeal the Historic Preservation Board’s decision
on item #3, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows:
Mr. Fetzer – Yes; Mr. Levinson – Yes; Mrs. Montague – Yes; Mrs. Ellis – Yes. Said
motion passed with a 4 to 0 vote.
Mr. Levinson moved to approve the balance of the appealables, seconded
by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Levinson –
Yes; Mrs. Montague – Yes; Mrs. Ellis – Yes; Mr. Fetzer – Yes. Said motion passed with
- 23 -
05/02/06
a 4 to 0 vote.
At this point, Mayor Perlman returned to the dais.
9.H.APPOINTMENT TO THE COMMUNITY REDEVELOPMENT
AGENCY:
Appoint one (1) regular member to the Community Redevelopment Agency
(CRA) for an unexpired term ending July 1, 2008. Based upon the rotation system, the
appointment will be made by Commissioner Ellis (Seat #1).
Mayor Perlman declared a conflict of interest, passed the gavel to Vice
Mayor Ellis and stepped down from the dais. Vice Mayor Ellis passed the gavel to
Deputy Vice Mayor Fetzer and made the following motion.
Mrs. Ellis moved to appoint William Branning to the Community
Redevelopment Agency (CRA) for an unexpired term ending July 1, 2008, seconded by
Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Montague – Yes;
Mrs. Ellis – Yes; Mr. Fetzer – Yes; Mr. Levinson – Yes. Said motion passed with a 4 to
0 vote.
9.I.APPOINTMENT OF COMMUNITY REDEVELOPMENT
AGENCY (CRA) CHAIRMAN/VICE-CHAIRMAN:
Appoint a Chairman and Vice-
Chairman to the Community Redevelopment Agency Board.
Mayor Perlman declared a conflict of interest, passed the gavel to Vice
Mayor Ellis, and stepped down from the dais.
Mrs. Montague moved to appoint Lamar Shuler as Chairman to the
Community Redevelopment Agency Board, seconded by Mr. Fetzer. Upon roll call the
Commission voted as follows: Mrs. Ellis – Yes; Mr. Fetzer – Yes; Mr. Levinson – Yes;
Mrs. Montague – Yes. Said motion passed with a 4 to 0 vote.
At this point, Vice Mayor Ellis passed the gavel to Deputy Vice Mayor
Fetzer and made the following motion:
Mrs. Ellis moved to appoint Frank Wheat as Vice Chairman to the
Community Redevelopment Agency Board, seconded by Mrs. Montague. Upon roll call
the Commission voted as follows: Mrs. Ellis – Yes; Mr. Fetzer – Yes; Mr. Levinson –
Yes; Mrs. Montague – Yes. Said motion passed with a 4 to 0 vote.
At this point, Mr. Levinson left the dais and the rest of the Commission
Item 12, First Readings.
moved to
12.FIRST READINGS:
12.A.ORDINANCE NO. 26-06:
Privately initiated rezoning from A
(Agricultural) to R-1-AAA (Single Family Residential) for the Germantown Road
Subdivision, located on the south side of Old Germantown Road (3426 Old Germantown
- 24 -
05/02/06
Road). If passed, a public hearing will be scheduled for May 16, 2006.
The caption of Ordinance No. 26-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED A (AGRICULTURAL) DISTRICT TO R-1-AAA
(SINGLE FAMILY RESIDENTIAL); SAID LAND
BEING A PARCEL LOCATED AT THE SOUTHEAST
CORNER OF OLD GERMANTOWN ROAD AND
RABBIT HOLLOWE DRIVE, AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING
“ZONING MAP OF DELRAY BEACH, FLORIDA,
MARCH 2006”; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 26-06 is on file in the City Clerk’s
office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated this is a 2.48 acre
site and has an Agricultural Zoning designation and contains a one-story 5,976 square
foot single family residence, built in 1967, and a one-story 938 square foot single family
residence, built in 1950.
At its meeting of April 17, 2006, the Planning and Zoning Board held a
public hearing in conjunction with this rezoning request. Several residents from the
Rabbit Hollowe and Verona Woods subdivisions had questions concerning
environmental uses, increase in density, and access concerns from Old Germantown
Road. After reviewing the staff report and discussing the proposal, the Board voted 7 to
0 to recommend approval of the rezoning request. Staff also recommends approval.
Mr. Fetzer moved to approve Ordinance No. 26-06 on FIRST Reading,
seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis –
Yes; Mr. Fetzer – Yes; Mrs. Montague – Yes; Mayor Perlman – Yes. Said motion passed
with a 4 to 0 vote.
At this point, Mr. Levinson returned to the dais.
12.B.ORDINANCE NO. 27-06:
City initiated amendment to Land
Development Regulations (LDR) Section 2.4.6(E), “Tree Removal Permit”, Section
4.6.19, “Tree Protection”, and Appendix “A”, “Definitions”, to provide for the
designation and protection of historic trees; and to provide for a penalty of $500.00 for
- 25 -
05/02/06
the removal of any historic tree without a permit. If passed, a public hearing will be
scheduled for May 16, 2006.
The caption of Ordinance No. 27-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING APPENDIX “A” TO PROVIDE
A DEFINITION FOR “HISTORIC TREE”; BY
AMENDING CHAPTER TWO, “ADMINISTRATIVE
PROVISIONS”, SECTION 2.4.6(E), “TREE REMOVAL
PERMIT” IN ORDER TO INCLUDE HISTORIC TREES
AMONG THOSE THAT ARE UNLAWFUL TO
REMOVE AND TO CLARIFY THAT A PERMIT FOR
REMOVAL IS REQUIRED FOR ALL ZONING
DISTRICTS INCLUDING SINGLE FAMILY, TO
REQUIRE THAT AN APPROVED SITE/LANDSCAPE
PLAN OF RECORD BE SUBMITTED WHERE
APPLICABLE SHOWING THE LOCATION OF TREES
IN RELATION TO ALL NEW DEVELOPMENT AND
TO PROVIDE A PENALTY FOR REMOVING A
HISTORIC TREE WITHOUT A PERMIT; AMENDING
CHAPTER FOUR, “ZONING REGULATIONS”,
SECTION 4.6.19, “TREE PROTECTION”, IN ORDER
TO PROVIDE FOR THE DESIGNATION AND
PROTECTION OF HISTORIC TREES; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 27-06 is on file in the City Clerk’s
office.)
The City Attorney read the caption of the ordinance. She recommended
that staff re-visit the definition of “historic tree” and change the wording to state “has
been identified on a site/landscape plan”.
Paul Dorling, Director of Planning and Zoning, stated the Planning and
Zoning Board considered this ordinance at two of their meetings. The first meeting they
sent it back for some revisions and some of the revisions came forward including the
suggestion for a penalty for removal of historic trees. However, at their April 17, 2006
meeting they had significant discussion and continued to feel that the penalty of $500.00
was too lenient and there was significant discussion about the requirement that tree
removal permits on single family lots was too onerous on the single family property
owner. After significant discussion, the Board voted 4 to 3 to recommend approval of the
amendment.
- 26 -
05/02/06
Mr. Levinson suggested that this proposed tree ordinance be placed on a
Workshop meeting to discuss revisions.
table
Mr. Levinson moved to approve to Ordinance No. 27-06, seconded
by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Fetzer – Yes; Mr.
Levinson – Yes; Mrs. Montague – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes. Said
TABLE
motion to passed with a 5 to 0 vote.
12.C.ORDINANCE NO. 28-06:
Privately initiated amendment to Land
Development Regulations (LDR) Section 4.3.3, “Special Requirements for Specific
Uses” and Section 4.3.4(H)(4), “Structures Allowed in Setbacks”, to allow permanently
installed generators within required setbacks and providing specific regulations for the
location, operation, and buffering of permanent generators. If passed, a public hearing
will be scheduled for May 16, 2006.
The caption of Ordinance No. 28-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 4.3.3, “SPECIAL
REQUIREMENTS FOR SPECIFIC USES”, BY
ENACTING A NEW SUBSECTION 4.3.3(ZZ),
“PERMANENTLY INSTALLED GENERATORS”, TO
PROVIDE FOR THE REGULATION OF
PERMANENTLY INSTALLED GENERATORS; AND
BY AMENDING SECTION 4.3.4(H)(4), “STRUCTURES
ALLOWED IN SETBACKS”, TO ALLOW FOR
PERMANENTLY INSTALLED GENERATORS;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 28-06 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 LDR’s currently
do not allow generators and required setbacks; however, staff has been considering them
a kin to air conditioners and allowing them in required setbacks up to a maximum height
of three feet. The newer models are greater than three feet and have run into some issues
at the building department stage and noted this is a privately initiated proposal to increase
that to 4.5 feet which accommodates the newer generators which are higher because of
sound substances that are placed in them. The ordinance also adds and delineates some
specific requirements that address the location, operation, the periodic testing of them and
buffering of permanent generators. Staff recommends approval.
- 27 -
05/02/06
At its meeting of April 17, 2006, the Planning and Zoning Board
considered this item and voted 7-0 to recommend approval of the proposed amendment.
Mr. Levinson moved to approve Ordinance No. 28-06 on FIRST Reading,
seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Fetzer –
Yes; Mr. Levinson – Yes; Mrs. Montague – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes.
Said motion passed with a 5 to 0 vote.
At this point, Mrs. Ellis stepped away from the dais.
12.D.ORDINANCE NO. 29-06:
City initiated amendment to Land
Development Regulations (LDR) Section 4.3.4(K), “Development Standards Matrix”, to
clarify setbacks for structures in residential districts. If passed, a second public hearing
will be scheduled for May 16, 2006.
The caption of Ordinance No. 29-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SECTION 4.3.4, “BASE DISTRICT
DEVELOPMENT STANDARDS”, SUBSECTION
4.3.4(K), “DEVELOPMENT STANDARDS MATRIX”,
TO CLARIFY THE SETBACK FOR THE THIRD
STORY OF A THREE STORY BUILDING IN
RESIDENTIAL ZONING DISTRICTS; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 29-06 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 as currently written
there is some confusion as to whether the increased setbacks apply to the entire structure
or the third story component only. A building that is only one or two stories in front and
3 stories in the rear does not have the same impact at the front property line as one which
is entirely 3 stories high. The proposed amendment is to clarify this difference and apply
the increased setback for 3-story buildings only to those portions of the building which
are actually 3 stories in height.
At its meeting of April 17, 2006, the Planning and Zoning Board held a
public hearing and voted 7 to 0 to recommend approval of the amendment.
- 28 -
05/02/06
Mr. Fetzer moved to approve Ordinance No. 29-06 on FIRST Reading,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr.
Levinson – Yes; Mrs. Montague – Yes; Mayor Perlman – Yes; Mr. Fetzer – Yes. Said
motion passed with a 4 to 0 vote.
At this point, Mrs. Ellis returned to the dais and the Commission moved to
Item 13, Comments and Inquiries on Non-Agenda Items.
13.COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A.City Manager
The City Manager apologized for being late and explained his wife was
watching two of their grandchildren (one of whom is ill) and she needed to go to
Walgreen’s Pharmacy for a prescription and he had to watch them while she was gone.
13.B.City Attorney
The City Attorney stated the City closed on the Auburn Trace property.
13.C.City Commission
13.C.1.Mr. Fetzer
Mr. Fetzer stated the Commission appointed him as the liaison to the
Education Board and he is enjoying his assignment. He stated he is trying to get familiar
with the organizations that are participating on that Board. Mr. Fetzer stated he attended
an open house at the Milagro Center and noted that they have an after school program for
the children in the southwest neighborhood. He stated they do an excellent job and
distributed a flyer regarding a spring showcase they are going to have. He stated the
Milagro Center is a dedicated facility with many dedicated young people.
13.C.2.Mrs. Ellis
Mrs. Ellis commended Mayor Perlman for his idea regarding the
community charettes.
13.C.3.Mrs. Montague
Mrs. Montague stated April was Fair Housing Month and the Realtors
Association of the Palm Beaches, as well as, the Fair Housing Board for Palm Beach
County have gathered forces and do an annual essay and poster contest which is
advertised among the public schools throughout Palm Beach County. She stated it targets
rdthth
3 graders, 7 graders, and 11 graders. The winning poster and essay award went to
Julie Harris from Atlantic High School.
- 29 -
05/02/06
Secondly, Mrs. Montague stated she missed the last Commission meeting
because she was in Tallahassee lobbying for affordable housing issues and appreciated
that the Commission deferred the CRA appointment for Chairman and Vice Chairman.
Mrs. Montague stated the City of Delray Beach is held as a model for the state and the
state legislators are looking to the counties and cities to come up with innovative and
long-term ideas. She stated we will have to come up with innovative ideas ourselves and
then go to the state legislature to ask for funding.
Mrs. Montague stated she is the liaison for Orchard View Elementary
School and was invited there last week for Arbor Day. She thanked Carole Crilley,
th
Principal of Orchard View Elementary as well as Mrs. Leslie Wachtel (a 5 grade
teacher) for giving her a tour. She stated a special thank you to ZOM, Inc. who donated
materials (i.e. mulch, plants, trees, and flowers) to help replace the plantings that the
th
school lost from the hurricane. She stated the 5 grade class was dragging bags of mulch
and planting trees and as a result Orchard View Elementary School is now a beautiful
facility again.
13.C.4. Mr. Levinson
Mr. Levinson stated he is not very pleased with the Legislature and stated
they are continuing to assault the cities whether it is telecommunications, cable television
or home rule. They should not be credited with getting $638 million into that program
because there is $960 million that has been collected in those trust funds and they
continue to raid them and not use them for what was intended in the original enactment.
He stated he plans to make it very clear to them that they are displeased with many of
their votes.
Secondly, he stated the City of Delray Beach presented Pine Grove
th
Elementary School with a proclamation for its 40 Anniversary and as promised he read
the proclamation on their morning announcements. Mr. Levinson stated Linda Cartlidge,
Principal of Pine Grove Elementary School, is doing a great job and they are hoping to be
an “A” school.
th
Mr. Levinson congratulated Atlantic High School for being 25 in the
Newsweek rankings and stated this is terrific for them.
Mr. Levinson congratulated Sharon L’Herrou and the Delray Beach Youth
Vocational Charter School for being selected as the 2006 Winner for the J. Robert
Havlick/Thomas H. Muehlenbeck Award for Excellence in Local Government. Mr.
Levinson stated it is great that Sharon L’Herrou is continuing to do the great work of
Johnny Pun and his memory.
He commented about a few great newspaper articles (attached hereto is a
copy and made an official part of the minutes) regarding Punta Gorda and stated Mayor
Perlman and others made a great impression.
- 30 -
05/02/06
Mr. Levinson stated he is on the Metropolitan Planning Organization
(MPO) and noted there was a great discussion on vehicular crash information on I-95 and
the problems associated with it. He stated one of the Palm Beach County Commissioners
suggested that the cities patrol I-95 so that more police officers will be on the interstate.
In his opinion, Mr. Levinson stated our police officers do not need to be exposed to the
danger of I-95 and already have plenty to do. In addition, Mr. Levinson stated the
Florida Highway Patrol was supportive of the idea. He stated the two issues were patrol
and litter pickup and that cities should pay for some of the litter pickup costs on I-95
because it exemplifies our community as people drive through it. Mr. Levinson stated he
does not feel that this is a good idea.
Lastly, Mr. Levinson stated Banyan Creek Elementary School’s
modernization/renovation will cost approximately $10 million and will hopefully get rid
of the portables and keep with the current designs. He stated Plumosa Elementary School
is scheduled for the year after next to be rebuilt on the existing site. He stated the Palm
Beach County School Board is providing great assistance to some of the older schools.
Mr. Levinson stated the dedication of Spady Elementary School was a fabulous event
(private event put on by the contractor and the school district). He was pleased to have
been invited as a City official.
13.C.5.Mayor Perlman
Mayor Perlman stated the Commission has been invited to a Breakfast on
May 17, 2006 at the Kravis Center because the Fire-Rescue Department will be receiving
an American Red Cross Award.
Secondly, he stated the R.A.C.E. Relations Committee wrapped up Phase I
last week and it was a great meeting. The Delray Beach Clergy Association has
expressed an interest in hosting and promoting study circles under the leadership of
Father Stokes. Mayor Perlman stated he feels they have made some headway with more
to come and feels the process is working.
Mayor Perlman stated Perry DonFrancisco sold Boston’s on the Beach
restaurant and stated over the past 26 years has been so instrumental in raising money for
Delray Beach (i.e. Delray Citizens for Delray Police scholarships, the holiday toy drives,
and $500,000.00 in donations he coordinates between Del Aire and the Hamlet). Mayor
Perlman stated this is one person that is worth well over a million dollars in philanthropy
and has helped individuals in school, sports leagues, and the boy scouts. Mayor Perlman
suggested that the City think of a proper way to recognize Mr. DonFrancisco.
He stated Rex (hairstylist) has been in contact with Brian Shutt and he had
many occupational licenses and it was determined that Rex does not need all the licensing
he has and claims he was promised a refund. The City Attorney stated she will see what
can be done about issuing Rex a refund.
- 31 -
05/02/06
Mayor Perlman stated Bill Fay, Principal of Banyan Creek Elementary
School was here this evening and commented that the signage was blown down after
Hurricane Wilma. Consequently, Mr. Fay is directing traffic every morning because
there are no signs. Mayor Perlman asked that staff provide Mr. Fay with signs (off Sabal
Lakes Road).
Lastly, Mayor Perlman commented about a letter the City received from
the beachside businesses and they are much more seasonally oriented because of where
they are located. The Delray Affair does not extend east as far as they would like it to
and they are having some issues. He suggested that the City work with the Chamber of
Commerce (Randy Welker) and get together with the beachside businesses to see if there
is something that they can collectively come up with to promote these businesses, etc.
There being no further business, Mayor Perlman declared the meeting
adjourned at 8:44 p.m.
~ S>. \0~A~
City Clerk
ATTEST:
~of Lz
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 May 2, 2006, which Minutes were formally approved and adopted by the City
Commission on May 16 ~ 2006
~A~' '\). ~
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.
- 32-
05/02/06
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR VilLAGE PARC
ORDER OF THE CITY COMMISSION
OF THE CITY OF DElRA Y BEACH, FLORIDA
1. This conditional use request has come before the City Commission on
May 2, 2006.
2. The Applicant and City staff presented documentary evidence and
teStimony to the City Commission pertaining to the conditional use request for Village
Parco All of the evidence is a part of the record in this case. Required findings are
made in accordance with Subsections I and II.
I. COMPREHENSIVE PLAN
a. Comprehensive Plan - Future land Use Element ObJective A-1/Future
land Use Map: Is the property developed/redeveloped so that the future use and
intensity is appropriate in terms of soil, topographic, and other applicable physical
considerations, is complementary to adjacent land uses,. and fulfills remaining land use
needs and is consistent with the Land Use Map?
Yes X No
b Concurrency: Objective B-2 of the Land Use Element of the
Comprehensiv,e Plan requires that development not exceed the ability of the City to fund
and provide, or to require the provision of, needed capital improvements for the
following areas:
Are the concurrency requirements met as respect to water, sewer,
drainage, streets and. traffic, parks, open space, solid waste and
schools?
Yes
X
No
rflm q.A.
C. ConslstenC\l: Will the granting of the conditional use be consistent
with and further the goals and policies of the Comprehensive Plan?
Yes X No
II. LliR REQUIREMENTS:
a. lOR Section 2.4.5'E) Reauired Flndinas: (Conditional Use): Pursuant
to Section 2.4.5(E){5), in addition to provisions of Chapter 3, the conditional use will not:
it Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
ii. Hinder development or r~development of nearby
properties.
Will Section 2.4.5(E)(5) be met?
Yes X No
b. REQUIRED FINDINGS RELATING TO DENSITY INCREASE:
LDR Section 4.4.9{D)(11) GC (General Commercial) Zoning District and LDR
Section 4.4.6(1) Performance Standards apply and are attached hereto to allow 104
toWnhouse units in 16 buildings as a stand alone.
Are the performance standards in Sections 4.4.9(0)(11) met?
Yes X No
Are th~ performance standards In Section 4.4.6(1) met?
Yes X No
c. Reaulred Findlnas Relatina to Provision of Workforce. Houslna.
L LOR Section 4.7.3 - Provision of Workforce Housing Units:
Developers will be awarded density bonus units (additional market rate
units), beyond the base number allowed per existing zoning ordinance after
perforn;iance standards have been met, as an incentive to provide affordable
housing units, subject to the limits and requirements of this chapter. The bonus
allowances are set forth in Table 1 as follows:
"
2
TABLE 1 DENSITY BONUS ALLOCATIONS IN THE SOUTHWEST
NEIGHBORHOOD OVERLAY DISTRICT, THE INFILL WORKFORCE HOUSING
AREA AND THE CARVER ESTATES OVERLAY DISTRICT
OPTION - SALE BONUS PER WORKFORCE UNIT
PROVIDED
VERY LOW 60% 4
LOW 80% - 61% 3
MODERATE 120% - 81% 2
OPTION - RENT BONUS PER WORKFORCE UNIT
PROVIDED
VERY LOW 60% . 3
LOW 80% - 61% 2
MODERATE 120% - 81% 1
LARGE HOME OPTION
4 + bedroom workforce housing units 0
Additional 0.5 bonus will be added to the bonus provided above in this chart
There are 134 dwelling units proposed within the GC zoned portion of the property (7.81
acres). This . equates to an overall density of 17.81 dwelling units per acre. The
applicant has proposed 15 owner-occupied moderate-income workforce housing units
that will be integrated on the site within the mixed use buildings. As noted in Table 1
above, the provision of 15 moderate income owner-occupied workforce housing units
permits a density bonus of up to 45 additional units. The development bonus sought for
this site is proposed as 41 units.
Is this standard met?
I
Yes X No
3. The comments and notes set forth in the staff report are hereby
incorporated ~erein
4. The City Commission has applied the most current Comprehensive Plan
and LDR requirements to this development application and finds tHat its determinations
as herein set forth are consistent with the Comprehensive Plan.
5. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
3
iI'1 therecptd including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
6. Based on the entire record before it, the City Commission approves X
denies __ the two conditional uses as requested subject to the conditions stated in
the staff report 1-6 and the 7th condition that all existing access rights-of-way to adjacent
properties in regards to means of egress be maintained in all phases of the project
construction and hereby adopts this Order this 2nd day of May, 2006, by a vote of
5
in favor and 0
opposed.
~z~
Rita IIis, Vice Mayor
ATTEST:
. .'n~~D~j~~('~
Qor. Chevelle Nub.n ..
City Clerk
4
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE MODIFICATION REQUEST FOR PROFILES IN CONCRETE
OROER OF THE CITY COMMISSION
OF THE CITY OF OElRA Y BEACH, FLORIOA
1. This conditional use modification request has come before the City
Commission on May 2, 2006.
2. The Applicant and City staff presented documentary. evidence and
testimony to the City Commission pertaining to the conditional use request for Profiles in
Concrete. All of the evidence is a part of the record in this case. Required findings are
made in accordance with Subsections I and II.
I. COMPREHENSIVE PLAN
a. Comprehensive Plan - Future Land Use Element Obfective A-1/Future
Land. Use Map: Is the property developed/redeveloped so that the future use and
intensity is appropriate in terms of soil, topographic, and other applicable physical
considerations, is complementary to adjacent land uses, and fulfills remaining land use
needs and is consistent with the Land Use Map?
Yes X No
b Concurrency: Objective B-2 of the Land Use. Element of the
Comprehensive Plan requires that development not exceed the ability of the City to fund
and provide, or to require the provision of, needed capital improvements for the
follOWing areas:
Are the concurrency requirements met as respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Yes
X
No
r+em q. B.
c. ConsistencY: Will the granting of the modification conditional use be
consistent with and further the goals and policies of the Comprehensive Plan?
Yes
x
No
....-.;
f~~
II. LOR REQUIREMENTS:
a. lDR Section 2.4.5'E) Reaulred Findinas: 'Conditional Use): Pursuant
to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not:
i. Have a significantly detrimental effect upon the stability of the
neighborhood within which. it will be located;
~;~~
J
Ii.
Hinder development or redevelopment of nearby
properties.
.,
I
!
!
Will Section 2~4.5(E)(5) be met?
Yes X No
REQUIRED FINDINGS RELATING TO OUTDOOR STORAGE:
b.
Pursuant to LOR Section 4.6.6(C)(2), materials and equipment stored outside
must be screened from view from adjacent public rights-of-way in a manner approved
by the Site Plan Review and Appearance Board. Outside storage may not be located
within a- required setback area. It is not intended that sales or customer service be
conducted in an area designated for storage. Pursuant to LDR Section 4.3.4(K), the
required front setback in the Industrial Zoning District is twenty-five feet (25'), which is
measured along Poinsettia Drive.
Is this standard met?
Yes
X
No
3. The comments and notes set forth in the staff report are hereby
incorporated herein
4. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the development application request was
submitted and finds that its. determinations as herein set forth are consistent with the
Comprehensive Plan.
2
5. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
inth-e record including but not limited to the staff reports, testimony of experts and other
,competent witnesses supporting these findings.
6. Based on the entire record before it, the City Commission approves X
denies _ the modification of conditional use request subject to the three conditions
stated in the staff report and hereby adopts this Order this 2nd day of May, 2006,
by a vote of5
in favor and
o
~~~- '-.cCCZ~
~Vice Mayor
A TrEST:
.. ~LJk~\),,~~~
.\br'. CheveUe Nubin
City Clerk
3
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS
T NAME-FIRST NAME-MIODLE NAME
?erlman, Jeffrey L.
MAlUNG ADDRESS
971 Delra Lakes Drive
COY COUNTY
Del a Beach FL 33444' Palm ,Beach
OATEON WHICH VOTE OCCURRED
NAME OF BOARD, COUNCIL. COMMISSION, AUlliORfrY. OR COMMITTEE
Delray Beach City Commisslon
THE BOARD. COUt\iclt.. COMMISSION. AlffiiORlTYtlR COMMlTTt:E ot-J
WHICH.I SERVE IS A UNIT OF:
CITY 0 COUNlY ' a OTHER (OCALAGENCY
NAME OF POLITICAl SU8OMSlON:
Cit:'~f Del~~ ~e~ch
. MY PO$lTlQN IS: .
ElECTIVE
OAPPOtN:fIVE
WHO MUSTFILE FORM 88
This form is for" use by any person serving at the county, city.' or other local level of government on an appointed or elected board, council,
commission. authority, or committee. It applies equally to members of advisory arid non-advisory bodies, whQ, ~re presented with a voUng .
conftict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interes~ w!ll varygreaUy d~pending .
on whether you hold an elective or appointive position. For this reason. please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
· person holding elective or appointive county, municipal, or other local public office MUST ABSTAiN trom voting <)0 ameas~rewhich
res to his or her special private gain or loss., Each elected orappoint~local officer also is prohibited froillknowingly voUng 00 a mea-
ire which inures to the special gain or loss of a principal (other than a government agency) by whom he or she Is retained (including the
parent organization (lr subsidiary of a corporate principal by which he or she is retained); to the special' privat.e gain. ,or loss of.a relative; or
to the special private gain or loss of a business associate; Commissioners of communitY redevelopment agencies under Selt. 163.3~ or
163.357, F.S., and officers of independent special tax districts elected on a one~acre. one-vote basiS3re not prohibited from voting in that
capacity.
For purposes of this law, a 'relative- includes only th~ officer's father, mother, son. daughter, husband, wife, brother, sister. father-io-law,
mother-in-law; son-in-law, and daughter-in-law. A -business associate" means any person or entity engaged in or canying ,on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corpOrate shareholder (where the shares of the corporation
are not listed on any nalional or regional stock exchange). -
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conftict:
PRIO~ TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting: and
WITHIN 15 DAYS AFTER THE VOTE OCCURShy completing and filing this form with the person responsible for recording the min-
utes of ~rileeting; who should In~rporate the fonnin ,the minutes.
.* .
APPOINTED OFFICERS:
Although you must at>stain from voting in the situatioris described above. youoth~lWise may participalein these'matters. HoweVer, Y9U
must diselOse ihci. nature of the cOnmctbefore making any attempt to influence the decisicin,whetoor orally orin wrlti~ arid wflet!1er'made
. y you or at yOu....direCtiOn. .
. YOU INTI;ND TO MAKE ANY ATTEMpT TO INFLUENCE THE DECISION PRIOR TO THE MEETIf':JG ATWHIGH THE VOTE WilL I3E
,AKEN:
. You inustcomplete and file this fonn (before making any attempt toinftuence the decision) with the person responsible fQrream:Jingthe . '.,
minutes of the meeting, who will incorporate the fonn in the minutes. (Continued on other side)
CE FORM 88 - EFF. 112000
q.- r\ .
PAGE 1
APPOINTED. OFFICERS (continlied)
. .
.. A cOpy of the f~ mUst ~PfOvlded immediately to the othermerObe~. of the ag~cy. .
The fonn must be read put,llicIY at tfle next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPTBY DISCUSSION AT THE MEETIN<;3:
. You must disdose orally the nature of your conflict in the me,asure before participating.
. '-
.. YoU must complete the fonn ~nd file it within 15daysafier the_vote occurs with thepefSon responslbl~fof recordiogthe min~s of-the
meeting. who must incoq>ocatethe forin in the minutes. A cOpy .of ~e fonn must be provided immediately to the other. memberS of th~ '
agency. and the f~rm,:",us( ~ read publicly althe next meeting after thefoon is filed.
l.
DISCLOSURE OF LOCAL OFACER'S INTEREST
I, JeffrevPerl.man
. hereby disdose that on May 2,
,20 QL:
(a) A measur~ came or will tome beforerily agency which (check one)
_ inured to my special private gain or loss;
-:.... intii-e<f, ~ the. spada. gain or loss of my business associaie,
X inured'to the special gain or loss of my relative, . Diane Colonna
.
.,
inured to the' special gain or loss of
whom I am retained: or
inured. to the special gain or loss-of,
is the parent organization ,or subsidillry of a principal which has retained me.
. . .
,by
"which
(b) The measUre bef9(e my agency and the nature of my conflicting interesUnthe measure. is 'as follows:
Diane' CO~bfiria, my wife, is Director of the
Agency, {eRA} .' i have .a: conf:ii~'t. vot'inci' on .
the' Co-mmuid ty: Redeve1.6pment AgencY-.
C01hin:unitY'Re.d~v.~~opm~nt..' ;.:-: ',-' ,-
iJ::eins' thai; directly' 9-ffect ..
. 'Item' 9. H'~: .
'..
oy()~J~I~
Date Filed .'
. .
.... ... -..".:.:.
'NOTICE;' ~NDE.R'PROVisJciNSOF.F.CORibA;,STATUTE~ '~t12.~l7. A' FAI.LURE TO. M~ ~ R~Q~tREO tll$ClqSoRE:'
CONSTITUTES' GROUNDS FOR AND MAY BE PUNISH!:O BY ONE. OR MORE OF THEFOLl6WING:!MPEACHMENT~"
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, .oR A
CIVIL PENALTY NOT TO EXCEED $10,000.' ... . .. . '... '" - -
. .,
;
i
. ':;7--."
CE FORM 8B~~F. 1~OOO
PAGE 2
FORM 88 MEMORANDUM OF VOTING CON.FLICTFOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICER,S
T NAME-FIRST NAME-MIOOlE NAME
?erlman, Jeffrey L.
MAIlING ADORESS
971 Delra Lakes Drive
CITY . COUNTY
Del a Beach FL 3.3444: Palm Beach
DATE.ON WHICH VOTE OCCURR~O
NAMe Of 60ARO, COUNCIL. COMMlSStON.~. OR COMMITTEE
Delray Beach City Commission
THE 60ARO, COUNCIL. COMMISSION. AUIHORIlYOR COMMITTEE 00
WHlCH I SERVE IS A UNIT Of: .
'CIJY OCOUNlY . oon~E1U()C,qAGENCY
NAME Of POllT1CAl StJ6OMSlON:
Cit.,. of Delra Beach' .
. MY POSmoN lS:
ElEGlNE
. a APPOINJ1\IE.
WHO MUST FILE FORM 8B
This fonn is for'use by any person serving at the county, city. Of other local level of government 00 an appointed or elected board. council,
commission, authority, or committee. It applies equally to members of advisory-and non-advisory bodies: who. are presented with a voting .
cooftict of interest under Section 112.3143; Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conniCtof interest W~1l vary greaUy .d~pending.
on whether you hold an elective or appointive position. For this reason. please pay close attention to the instructiQns on this fonn before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTiON 112.3143, FLtiRrDASTATUtES
. person holding elective or appointive county, municipal. or other local public office MUST ABSTAfNfrom v~ting"~n a-~e3$ure .....;hich
)res to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from ~owingly vo~ on a.mea-
Ire which inures to the special gain or loss of a principal (other than a government agency)' by whom he or she is r~tained [lOcludirlglhe
parent organization or subsidiary of a corporate principal by which he or she is retained); to the sp~al' privat~ gaio()r loss of.a relative; or
to the special private gain o( loss of a business ~ssociate. Commission'ers of community redevelopment agencies under Sec. 163;356 or .
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibifed from voting irIthat
capacity. .
For purposes of this law. a -relative" includes only the officer's father, mother, son. daughter. husband, wife, brother. sister, .father-in-law,
moiher-in-Iaw, son-in-law. and daughter-in-law. A "'business associate" means any person or entity engaged in or carrying.ona b~iness
enterprise with the officer as a partner, joint venturer. coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
.'
..
ELECTED OFFICERS:
In addition to abs~injng from voting in the situations descnbed above, you must disclose the conflict
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of .your interest in the measure on whictl you
are abstaining from voting; and
WITHIN 15 DAYs AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting; who should Incorporate the form in .the minutes.
APP01NTED OFFICERS:
A1tn0u9h you must abstain from voting in the situations described above. you othEllWiSe I1)8Y participale in these' matterS. HoweYef. 19u' .
must dlsdose the nature of the conflict before making any attempt fu influence the :d~cisibn; whether ~Iy or in Writing and wheUlentlade .
y you or at your' direCtion. .
. . . .
- YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETlfIIG AT WHICH THE VoTE WIU BE
.<<EN:
. You must complete and file this form (before making any attempt to.influence the decisi.on) with the person responsible for'recotding:the : .
minutes of the meeting, who will incorporate the fonn in the minutes. (Continued on other side)
CE FORM 88 - EFF. 1/2000
q_- 1:.
PAGE 1
I APPOINTED- OFFICERS (contifitied)
". . .
. A cOpyOfthe'forrr! mOst be_provlded:immediately to the othermembets. of tfie~Cy..'-
. The form must be read put;>licly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETIN<;3:
. You must disclose orally the nature of your conflict in the me~sure before participating.
Y Oli. must complete the form and fde it within 15 da~ _after the. VotQ Occurs with the pe~n .responsibl~ for recordiog the minutes of the
meeting, who must incorporate the form in the minutes. A COllY of the form .must be provided immediately to thEf other memberS Or the .
agency, and the f~rrn'!lusf-b~read publiGlyat the next meeting after the form is.filed.
DISCLOSURE OF LOCALOFA<:;ER'S INTEREST
-,':-. ". -.-- -.
I. Jeffrey Perlman
. hereby disclose that on Ma y 2 r
,20~:
(a) A meastK~ came or will come before my agency Which (check one)
inured to my special private gain or loss;
inured to thespecia. gain or lOss of my business associate,
. : Diane Coionna.
inured' to the special gain or loss of my relative,
.
.,
x
, .
inured to the' special gain or loss of
whom I am retained; or
inured. to tI1e special ga~n or loss of.
is the ~reot organization :~r sub$idi~ry ota principal which has ~et~jned me,
(b) The measure bef9(e myageilcy,.and.ttle nature of my conflictjng interesUn th~,measure.is'asfollows:
,by
. . .~ which
Diq,ne" CbTonria~ 'my wi~e:, 'is Director.. o{ the.G?.nUn~lIlity Red~ve1.-opment. : :': ,-.
Agency. (~RA)~- i have a 9on(lic't, v:otin<j"6n~tems-' thilt d~.rectly' ~ff.e.at
the-' Communi by. Redevelopment Agency. .
Item' 9 ~I,~. .
. O:1/()~/~cY)/~
DateFiIOO .
. ~.::.. .
'NOTICE: 'lJNOERPROVISJONS: OF FLORIOA.STATUTE~r ~1.12.317, A 'FAiLURE TO':MAKEANV..REQUiREODI~CLOSURE'
CONSTiTUle's: GROlJN6SFOR AND MAY. BE' PUNISHED BY'ONE OR' MORE OF tHE FOllOW1NG:.!MPEACHMENT,.
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMo,tlON, REOUCTIOfIJl,NSAlARY, REPRIMAND, OR A
CIVIL PENAlTY NOT TO EXCEED. $1 0,000. . ... -.-
, .:;;-~-~
CE FORM 88 - ~F. 1~OOO
PAGE 2
Sun Herald - 04/22/06
Page I of3
SUD }~~
. '").~~
imd wu .IJ flt<rald
Wffi
:>>:~-:-~ .
~..
:<"-e:~:
.1
~
V.@i
m~,
I.
~~
. . .
... . .. .,.~. .... :....
. . . - .
. ,;H .." .'_ .._
.. .0." :
Sat, A
Home I Sports I Classifieds I Charlotte News I Englewood News I North Port News I DeSoto News
:i~~1i'~~:i:l;li'::'.I,i:..:jli.j.N~Im...mjii!lj:li.ll!:.~;:::":'~lf; I
:TAYLOR.fl1. BRAL >.:.'.,.'. >> .
"'~n(l:~l~e~:iltltl~Q~i.$~ii;'i~~~:~:'
::::~~.No~tL:lioiElib~lnt::l;nt~;,~ ...
.>:..' ... nij):(;li0ti$~:':13.~'tiii~~t~'."':'
....:':se:t1~(di:~. nttt~Y ...,:....,.
04/22/06
When planning a downtown renaissance,
don't let the NIMBYs and CAVE people get
you down.
':94t8Ji0600 ..,...."...." That's one of the messages expected from
\{~~~W J.t<t,l()1'J'u.nen:tLcom. Delray Beach Mayor Jeff Perlman and his
urban development team, who will be coming
to Punta Gorda Wednesday t<;> preach the "can-do" attitude that has
transformed Delray from a drug-ridden dump to a posh tourist destination.
NIMBY, of course, stands for "not in my backyard." The less-familiar CAVE
people are the "citizens against virtually everything."
Twenty years after Delray Beach began its turnaround, city officials are happy
to share their experience with othei communities who aspire to travel the
same road.
Team Punta Gorda, the grassroots organization that's boosting Punta
Gorda's recovery from Hurricane Charley, has forged an alliance with Delray
Beach in recent months. About 50 TPG members hopped a bus in early
March to check out Delray's delights up close and in person. They heard
"how we did it" presentations from Perlman and other officials, and viewed
the commercial, entertainment and residential areas of the city center.
On the drive home, some TPG members began asking whether the Delray
message couldn't be packaged for a larger audience of people who weren't
free to make the road trip.
It took about a month to get everyone's schedule coordinated and set an April
26 date. Perlman and his team will get a trolley tour of Punta Gorda in the
afternoon, then host a public meeting at the Punta Gorda Isles Civic
Association, 2001 Shreve St., beginning at 6 p;m. All places are taken for the
tour, but there should be ample seating for the evening session.
John Magnin and Elaine Charney, spokespeople for TPG, offered their views
http://www.sun-herald.com/NewsArchive2/042206/tp~ch7.htm ? date=042206&story=tp2c.. . 4/24/2006
Sun Herald - 04/22/06
Page 2 of3
about why this event should interest not only Punta Gorda residents, but
anyone in Charlotte County who's ihterested in future growth.
Q: Why should citizens. participate in this event?
A: Itis extraordinarily important that we, as a community, have a common
vision that ignites community energy towards the rebuilding that is so :
desperately needed.
Here we are, 20-plus months sinc&' Hurricane Charley. Although progress is
under way, much of it cannot yet be seen.
By now, the community is hungering for major projects coming up out of the
ground. They.are coming, but we won't see the construction cranes for a
wh.ile yet.
We think. Punta Gorda needs a shot of hope and adrenaline to keep our
spirits up and positive for the new community that will rise up in the next 12 to
24 months.
Q:What moved TPG to first contact Delray Beach?
A: We knew that Jaime Correa [University of Miami professor) had authored a
master plan for Delray Beach about 18 years earlier, and that the rebirth
there was remarkable.
That community has been named an "AII~America City" twice [by the National
Civic League) something towards which we should aspire.
We thought that taking a close look at what Delray Beach did to succeed, and
listening to their advice, would be a.goodidea.
Seeing Delray Beach today is a way to look into Punta Gorda's future.
Q: What were the biggest lessons TPG learned from the Delray trip?
A: Delray Beach's success seemed to be a direct result of real teamwork ~ a
shared vision of goals by city and county officials, the Community
Redevelopment Agency, and the private interest groups.
Their common goals enabled them to overcome the usual bumps in the road
and get results that benefited the entire community.
Q: What should they expect to hear from Mayor Perlman and others?
A: Mayor Perlman will give us some specific advice to make the recovery of
Punta Gorda a reality. They have been where we are; they know what works
and what doesn't. They can help us avoid costly mistakes and do it right the
first time.
http://www.sun-herald.com/NewsArchive2/042206/tp2ch7.htm?date=042206&story=tp2C.. . 4/24/2006
.' t:1
Sun Herald - 04/22/06
Page 3 of3
Q:How has Delray succeeded in balancing different types of
development in its downtown?
A lot of the pizzazz of the Delray Beach story has to do with the vibrant
downtown they have created, including a CRA with a yearly discretionary
budget of more than $10 million, compared to ours right now of slightly over
$1 million.
But a'large part of the recovery includes other essential elements such as
affordable housing. That is part of the infrastructure that our community
needs. It was high on their list of "n;tusts," as it should be on ours.
Q: How has Delray managed to meet its development financial goals?
A: The bottom line is that they treated the downtown, especially, like a
business.
They did marketing and promotion. They irivested in public-private
partnerships. They spent public money in infrastructure and beautification
that convinced private investors that Delray Beach was a good place to do
business.
Downtown Delray Beach is a pedestrian-friendly destination where people
. meet each other and enjoy life. As a result, the downtown area is a more
attractive place that generates higher tax revenues to the city and eRA;
which in turn generates more dollars to invest in making the downtown more
attractive; which in turn generates higher tax values and so forth. It becomes
a snowball effect.
By BOB FLISS
Charlotte Business Editor
SUnline~.#> 2006 All rights reserved.
Your Locallntemet Service Provider
A division of Sun Coast Media Group Inc.
Publishers ofthe Sun newspapers.
httn-//nmn.v 'mn-hpr-llr1 ~()m/Npw~A T~hive2/042206/tD2ch 7 .htm?date=042206&storv=to2c.. _ 4/24/2006
.;,
Sun Herald - 04/27/06
Page 10f3
Sull. ,i~\
. - ~--~.--.-.....
1lIIJoIJ wt:t: .l~' fhmlld
~
r
I
aJ~
. .
. .
. .
. .
. . .
. . . .' .'
. . -. .
.... ." .... ... . J
.. . .'.
. .- - .
. ..' ~
Thu,P-
Home I Sports I Classifieds I Charlotte News'l Englewood News I North Port News I DeSoto News
. . .
...... .........._..____.h............................._........ .
!1~~~~!II\.:!:.II,lll..:lll:.I.I:!.!.i!I.:l!.!.I!1111 ;l:~::.:... "':::~II 04/27/06
::TAYEQRIUNERAE ::~:::: ::=:::~::
li:i~ili',_m Even ~i~:::::e~:i:~:t:::i~h::world.
:1:n:::n.s~.r~~i,~~.:~tN!i.f~.mE.: : any community redevelopment program is
........;...1. ..~.6u;.~. going to swallow constant reality pills.
:,4 ..~813-~, . \11.1
iCwi.~.l ta., l1)'fft.ln~r 41 < c;.qm
With Florida real estate prices headed into
the stratosphere, the biggest realit~ pill of all may be affordable housing.
Team Punta Gorda hosted its long-awaited "return engagement" for Delray
Beach officials Wednesday evening. A capacity crowd of more than 300
packed the auditorium at the Punta Gorda Isles Civic Association to hear
Delray Mayor Jeff Perlman and other speakers preach the gospel of
redevelbpment.
"I have not seen a more motivated citizenry, and I think that a lot of cities
would envy Punta Gorda for their spirit and their commitment to make
.something happen," Perlman said.
Delray Beach adopted a "development without displacement" philosophy in
the late 1980s, when it began a 20-year climb from depressed area to a two-
time "All-America City" winner.
Indeed, "people didn't want redevelopment because they were afraid of
gentrification and being forced out," said Joe Gray,assistant director of the
belray Beach Community Redevelopment Agency.
Today, Delray Beach has placed Cibout 170 families in affordable downtown
housing; Gray said. 'We're placing people in their own homes who otherWise
would be in public housing."
This is just a start - about $40 million has been earmarked for affordable
housing improvements over the next few years, mainly in the historically
black western portion of Atlantic Avenue.
htto:/Iwww.sun-herald.com/NewsArchive2/042706/tp3ch8.htm ? date=04 2706&story=tp3c... 4/28/2006
Sun Herald -' 04/27/06
Page 20f 3
The eastern blocks of Atlantic, Delray's main street, are now the home of
trendy restaurants and boutiques, a veritable theme park for grown ups. Yet
Delray officials realize that what flies in the central core and beach district
won't work in a minority.neighborhqod.
"A~oveall, they want businesses that are going to serve them - and until
. recently what they had was mainly check cashing stores and the kind of
places where they sell cigarettes by less than a pack," Gray quipped, to huge
laughter.
. .
Delray formed a community land trust in 2005, which has the power to buy
either land or buildings suitable for rehabilitation, Gray said. These dwellings
can be sold to low- and moderate-income residents, with the stipulation that
they can sell only to other people in the same economic circumstances.
Another tactic that has produced some results is to require developers to
build low-to-moderate income housing as a condition of their permits for high-
end homes, Gray said.
"After driving around your community this afternoon, I have to say that, at all
costs, save your courthouse and your schoolhouse," said Joe Gillie,
executive director of Delray Beach's Old School Square arts center. A
complex of three abandoned school buildings, it was Delray's biggest
eyesore in the late 1980s. Today, !t has a museum, a 320-seat theater and
draws about 500,000 visitors yearly.
Although restoration of the courthouse as a .state appeals court is being
discussed, Gillie said Punta Garda still has a chance to turn the venerable
structure into whatever the community wants. The same principles could be
applied to the old Charlotte High School, he added.
Wednesday night's crowded meeting was part nuts-and-bolts information, as
exemplified by Gray's presentation. But there were also elements of a genteel
pep rally, a Team Punta Gorda specialty.
"Punta Gordacan do this, and one day we may be helping other communities
and showing them how it can be done," said Roger Kress, president of Team
Punta Gorda.
Team Punta Gorda is a citizen group formed soon after the Hurricane
Charley to promote not only storm recovery but a general rebirth of Punta
Gorda as a business location, tourist destination and attractive place to live.
In early March, about 50 Team PlIt'.ia Garda members boarded a bus for
Delray Beach, where they heard Perlman and other officials describe the
city's remarkable renaissance since the late 19805.
On the trip home, team members broached the idea of 'inviting Delray officials
for a tour of Punta Gorda and to speak at a public meeting.
,,,t"'-
http://www.sun-herald.comlNewsArchive2/042706/tp3ch8.htm?date=042706&story=tp3c... 4/28/2006
Sun Herald - 04/27/06
Page 3 of3
The day's activities. began with atroUey tour of construction sites around
Punta Garda. The trip began in Punta Garda Isles and traveled at Ponce de
Leon Park, Burnt Store Isles and the Trabue-Woods neighborhood, before
finishing in downtown. .
Perlman, a former journalist who launched a political Career in the town he
. used to cover, said he hopes Delray Beachwill become a resource for other
communities.
He will leave office next year because of local term limits and plans to work
as director of the new Defray Beach Institute, which he hopes will become a
information clearing house for other communities trying to rebuild their
downtowns.
By BOB. FLISS
Charlotte Business Editor
SunIlnei&o@2OO6A11 rights reserved.
Your. Loeallntemet .Service ProVider
A dMsion of Sun Coast Media Group Inc.
Publishers of the Sun newspapers.
t. H.-. It.______ ___ 1. ___ LJ ___ n.T__n_ A __t.:..~'lIf\A'l'7f\~/......'l,..l,Q 1,+.....?A~+~-f\A'l7f\~ 9."+~~,_~'l,..
A l'l Q l'lf\f\~