06-20-06 Minutes Reg
Commissioner Jeff Perlman
JUNE 20, 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, June 20, 2006.
1.
Roll call showed:
Present - Commissioner Rita Ellis
Commissioner Fred Fetzer
Commissioner Brenda Montague
Mayor Jeff Perlman
Absent - Commissioner Jon Levinson
Susan Ruby, City Attorney
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Terrill Barton, Assistant City Attorney
Brian Shutt, Assistant City Attorney
Chevelle D. Nubin, City Clerk
2.
The opening prayer was delivered by Reverend Nancy McCarthy with St.
Paul’s Episcopal Church.
3.
The Pledge of Allegiance to the flag of the United States of America was
given.
4.AGENDA APPROVAL.
Mrs. Montague moved to approve the Agenda, seconded by Mrs. Ellis.
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.
5. APPROVAL OF MINUTES:
Mrs. Ellis moved to approve the Minutes of the Regular Meeting of June
6, 2006, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs.
Montague – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mr. Fetzer – Yes. Said motion
passed with a 4 to 0 vote.
Mr. Fetzer moved to approve the Minutes of the Special/Workshop
Meeting of June 13, 2006, seconded by Mrs. Ellis. Upon roll call the Commission voted
as follows: Mrs. Montague – Yes; Mrs. Ellis – Yes; Mr. Fetzer – Yes; Mayor Perlman –
Yes. Said motion passed with a 4 to 0 vote.
06/20/06
6.PROCLAMATIONS:
?
NONE
7.PRESENTATIONS:
7.A.Hamlet Country Club Charity Day Presentations
Mr. Alan Goldstein, on behalf of the Hamlet Country Club membership,
thanked Mayor Perlman and the Commissioners for allowing time to make a
presentation. The members of the Hamlet for twenty-five (25) consecutive years have
been participating in charity event fund raising. The current five (5) charities are Delray
Citizens for Delray Police, Delray Beach Fire Department, Delray Beach Police
Department, Old School Square, and the Delray Beach Public Library. In 2006, the
Hamlet raised $68,000 after expenses which were a 70% increase over 2005. Perry
DonFrancisco came forward to receive a $6,000 check for the Delray Citizens for Delray
Police scholarship fund. Major William McCollom came forward to receive a check for
the Delray Police Department in the amount of $18,500. Fire Chief Kerry Koen came
forward to receive a check for the Delray Beach Fire Department in the amount of
$18,500. Joe Gillie, Executive Director of Old School Square, came forward to receive a
check for Old School Square in the amount of $12,500. Dan Murtaugh, President of the
Board of the Delray Beach Public Library came forward to receive a check for the
Library in the amount of $12,500. Mr. Goldstein urged the recipients to apply the funds
received as they are needed in order to improve the quality of life of youngsters in Delray
Beach.
Mayor Perlman thanked Mr. Goldstein and the Hamlet for their generosity, and
noted the Hamlet also supports other charitable events throughout the year.
8.CONSENT AGENDA:
City Manager Recommends Approval.
8.A.FINAL SUBDIVISION PLAT APPROVAL/LITTLE WOOD
ESTATES:
Approve the subdivision plat for the Little Wood Estates Plat, located on
st
N.W. 1 Avenue near Lake Ida Road and Swinton Avenue.
8.B.RESOLUTION NO. 41-06/ABANDONMENT OF EASEMENT:
Approve Resolution No. 41-06 abandoning a ten (10) foot wide sewer easement
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associated with Cityscape, a mixed-use development, located on the west side of N.E. 5
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Avenue (southbound Federal Highway), between N.E. 3 Street and N.E. 4 Street.
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06/20/06
The caption of Resolution No. 41-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING A 10-FOOT WIDE SEWER
EASEMENT LYING WITHIN LOTS 4 THROUGH 10
OF BLOCK 97, HIGHLAND PARK (PLAT BOOK 2,
PAGE 79), AS RECORDED IN ORB 921, PAGES 420-
421, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT “A”.
(The official copy of Resolution No. 41-06 is on file in the City Clerk’s
office.)
8.C.RESOLUTION NO. 42-06/ABANDONMENT OF RIGHT-OF-WAY:
Approve Resolution No. 42-06 abandoning a portion of the east-west alley and north-
south alley right-of-way within Block 77, Town of Linton (Delray) Plat associated with
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the Worthing Place Block 77 Development; located between S.E. 1 Avenue and S.E. 2
st
Avenue and S.E. 1 Street and Atlantic Avenue.
The caption of Resolution No. 42-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING A PORTION OF THE EAST-
WEST ALLEY AND NORTH-SOUTH ALLEY LYING
WITHIN BLOCK 77, TOWN OF LINTON (NOW
DELRAY BEACH), AS RECORDED IN PLAT BOOK 1,
PAGE 3, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT “A”.
(The official copy of Resolution No. 42-06 is on file in the City Clerk’s
office.)
8.D.REQUEST FOR SIDEWALK DEFERRAL/1011 VISTA DEL MAR
DRIVE NORTH:
Approve a request to defer the installation of a sidewalk in front of
1011 Vista Del Mar Drive North. Staff recommends approval.
8.E. AMENDMENT NO. 1/CHRIS EVERT CHARITIES, INC.
AGREEMENT:
Approve Amendment No. 1 to the agreement between the City and
Chris Evert Charities, Inc. to provide for the date of the Event and the due date for certain
payments made by the City to Chris Evert Charities.
8.F. UNDERGROUND FACILITIES CONVERSION
AGREEMENT/FLORIDA POWER & LIGHT COMPANY (FPL):
Approve an
Underground Facilities Conversion Agreement between the City and Florida Power &
Light (FPL) in the amount of $100,752.00 for the provision of underground electric
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06/20/06
distribution facilities by FPL in place of the existing overhead electric distribution for the
Old School Square (OSS) Parking Garage Project. Funding is available from 380-4150-
572-63.29 (2004 G.O. Bond/Old School Square).
8.G. SERVICE AUTHORIZATION NO. 1.2/CH2M HILL, INC.:
Approve
Service Authorization No.1.2 to CH2M Hill, Inc. in the amount of $12,000.00 for
geochemical characterization of the City’s Aquifer Storage and Recovery (ASR) Well.
Funding is available from 442-5178-536-46.90 (Water/Sewer Renewal & Replacement
Fund/Other Repair/Maintenance Costs).
8.H. RESOLUTION NO. 44-06:
Approve Resolution No. 44-06 supporting
the Carver Estates Revitalization Hope VI Grant application developed by the Delray
Beach Housing Authority.
The caption of Resolution No. 44-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, BY WHICH
THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH HEREBY RESOLVES THAT IT
ENTHUSIASTICALLY AND WHOLEHEARTEDLY
SUPPORTS THE CARVER ESTATES
REVITALIZATION HOPE VI GRANT APPLICATION
DEVELOPED BY THE DELRAY BEACH HOUSING
AUTHORITY TO THE UNITED STATES
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT.
(The official copy of Resolution No. 44-06 is on file in the City Clerk’s
office.)
8.I. PURCHASE ORDER INCREASE/RON BELL ROOFING:
Approve
an increase of $46,307.00 to purchase order #634762, Ron Bell Roofing, for the repairs to
the Old Train Depot roof which was damaged by Hurricane Wilma. Funding is available
from 551-1575-591-45.50 (Business Insurance Fund/Property Claims).
8.J.CITY OF DELRAY BEACH SUB-RECIPIENT FUNDING
AGREEMENT/ DELRAY YOUTH VOCATIONAL CHARTER SCHOOL:
Approve and authorize the execution of a funding agreement in the amount of $22,090.00
with sub-recipient, Delray Youth Vocational Charter School, under the Weed & Seed
Program (now known as the Coalition for Community Renewal). Funding is available
from 115-2126-521-83.01 (Special Projects Fund/Weed and Seed Grants/Other Grants/
Aid).
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8.K. CHANGE ORDER NO. 1 (CONTRACT
ADDITION)/HORSEPOWER ELECTRIC, INC.:
Approve Change Order No. 1
(Contract Addition) between the City and Horsepower Electric, Inc. in the amount of
$35,394.00 to address the change in the mast arms required by Palm Beach County for
the US 1 at Tropic Boulevard Signalization Project. Funding is available from 334-3162-
541-65.68 (General Construction Fund/US 1 at Tropic Boulevard).
8.L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS:
Accept the actions and decisions made by the Land Development Boards for
the period June 5, 2006 through June 16, 2006.
8.M. AWARD OF BIDS AND CONTRACTS:
1.
Lease award to Ikon Office Solutions in the total amount of
$16,194.24 over a three (3) year term via the Miami-Dade Contract
#114-DD11 for the lease of a Cannon IR5070 Copier for the
Finance Department. Funding is available from 001-1511-513-
44.30 (General Fund/Equipment Rental Leases).
2.
Purchase award to GameTime in the total amount of $69,357.79
via Florida State Contract #650-001-04-1 for playground
equipment for Bexley Trail Community Park and Eagle Park.
Funding is available from 338-4150-572-63.24 (2004 G.O.
Bond/Bexley Park) and 380-4150-572-63.23 (2004 G.O.
Bond/Neighborhood Parks).
3.
Contract award to Bellsouth Telecommunications, Inc. in the total
annual amount of $23,400.00 for a period of thirty-six (36) months
for a Dedicated Internet Service solution for City Hall
($15,600.00) and the Police Department ($7,800.00). Funding is
available from 001-2113-521-41.10 (General Fund/ Telephone
Expense and 001-1811-513-41.20 (General Fund/Internet Access).
4.
Bid award to GMPCS in the amount of $23,582.00 for the
purchase and installation of ten (10) satellite telephone kits, eight
(8) antennas, and ten (10) battery back-ups for use in emergency
situations. Funding is available from various office equipment
accounts.
5.
Bid award to Welling Construction in the amount of $173,634.75
for the La Hacienda Gardens Park Project. Funding is available
from 334-4131-572-68.12 (General Construction
Fund/Neighborhood Park – La Hacienda).
Mrs. Ellis moved to approve the Consent Agenda, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mayor Perlman – Yes; Mrs.
Ellis – Yes; Mr. Fetzer – Yes; Mrs. Montague – Yes. Said motion passed with a 4 to 0
vote.
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9.REGULAR AGENDA:
9.A.WAIVER REQUESTS/SEAGATE RESIDENCES:
Consider a request
for waivers associated with the Class V site plan for the Seagate Residences, located at
the southwest corner of State Road A-1-A and Casuarina Road (400 South Ocean
(Quasi-Judicial Hearing)
Boulevard).
Mayor Perlman read into the record the City of Delray Beach procedures
for a Quasi-Judicial Hearing for this item and all subsequent items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2006-028 into the record.
Mr. Dorling stated the Site Plan and Appearance Board (SPRAB)
approved a Class V site plan for this project on April 5, 2006 which involved the
construction of a three story multi-family structure that contains 30 dwelling units. Mr.
Dorling stated this included two waivers: (1) LDR Section 4.4.6(H) (3) which requires
recreational facilities for children of all ages; (2) LDR Section 4.6.9(D)(3)(c)(1), which
requires a 50 foot stacking distance at all driveways. The required findings with respect
to Section 2.4.7(B)(5) are made in the staff report and the City Commission
documentation. The applicant has indicated that there is going to be a swimming pool in
this 30 unit development and that each resident would have a membership in the club
which has access, across the street, to the beach. Staff recommends approval of both
waivers.
Gary Stofft, representing Randall Stofft Architects
, briefly reviewed
the site plan for the project.
Brian Shutt, Assistant City Attorney, briefly reviewed the Board Order
with the Commission who made findings according to their consensus (attached hereto is
a copy and made an official part of the minutes).
Mrs. Ellis moved to approve both waivers and adopt the Board Order as
stated, seconded by Mr. Fetzer. 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.
9.B. DELRAY BEACH HISTORICAL SOCIETY REQUEST:
Consider a
request received from the Delray Beach Historical Society for the City to assume
ownership of the FEC Depot and to provide capital assistance for the construction of a
permanent facility to house the archive and historical artifact collections.
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06/20/06
Mr. Robert A. Barcinski, Assistant City Manager presented the item to the
Commission seeking their direction. He stated this is a request from the Delray Beach
Historical Society for the City of Delray Beach to assume the ownership of the FEC
Depot, and as part of that acceptance to provide capital assistance for the permanent
facility for their archives room, and historical artifacts. In addition, it is requested to
relocate the FEC Depot to a downtown location. Location and cost would have to be
determined. One option for the archives room would be to build a new structure of
approximately 2,000 square feet, with a cost of $450,000 to $500,000. Staff’s
recommendation is, in principal, the City should have ownership of the FEC Depot
facility but first find out where to move it and how much it will cost. The archive room
issue needed to be addressed as the FEC site lease with Ocean City Properties expires
September 30, 2008, and the lease with Old School Square for the current archives room
expires July 30, 2007. Old School Square will work with the Historical Society while
they are in transition and looking for extra space for the archives room. Old School
Square needs help with their certification from the Association of Museums to enable the
display of more exhibits.
Robert W. Ganger, Board member of the Historical Society of Delray
Beach and of Palm Beach County
spoke with reference to the FEC Depot and the
original relocation twelve (12) years ago from a farm site west of Delray Beach, to its
current site at the old Ocean City Lumber Yard. He stated the Historical Society is
excited to have the opportunity to work with the City to sustain the historical significance
of the FEC Depot, and at the same time finding a use where more people will have the
opportunity to see it. The archives room is the second item on the agenda and is the
connection between the decision to try to place the Depot into stronger hands and what to
do with the archives room. The archives room has been in the Cornell Museum at Old
School Square for the past fifteen years and the lease is about to expire. The Cornell
Museum needs the space. The archives contain a wonderful Delray Beach newspaper
collection from 1920 to 1986, older newspaper from the early teens, and documents and
audio recordings of the early years in Delray Beach. The Commission will be asked for
financial support as the relocation endeavor proceeds, which would take approximately
three (3) to five (5) years.
It was the consensus of the Commission to direct Staff to work with the Historical
Society on this project.
9.C. DOWNTOWN PROJECT ASSESSMENT/TREASURE COAST
REGIONAL PLANNING COUNCIL:
This is before the Commission to receive the
report of the Downtown Project Assessment; for Hotel Vista del Mar, Atlantic Plaza
Redevelopment, and South Swinton Avenue Redevelopment; as presented by the
Treasure Coast Regional Planning Council at the June 13, 2006 Workshop Meeting and
direct staff to draft ordinances incorporating the report’s objectives.
The City Manager provided information to the Commission requesting
receipt and approval of the Downtown Project Assessment as presented by the Treasure
Coast Regional Planning Council.
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Mrs. Ellis moved to receive and accept the Downtown Project Assessment from the
Treasure Coast Regional Planning Council, seconded by Mrs. Montague. 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.
Mayor Perlman stated staff was directed to draft ordinances incorporating
the report’s objectives. He noted that very good suggestions on the design guidelines
came out of discussions. One of the most exciting presentations was the Swinton Avenue
recommendations. Mayor Perlman expressed how important that vision of the Swinton
Avenue project would be for future generations. As staff drafts the ordinances, Mayor
Perlman would like to have the City’s staff and the Community Redevelopment Agency
(CRA) brainstorm to look at incentives which could be offered to a developer who would
be developing the properties. Since purchasing the property is not a practical solution,
the City could play a roll by offering incentives towards this vision. The City could
request an RFP and offer financial or regulatory incentives to bring the vision to life.
Mrs. Montague felt great ideas were presented, however a balance was
needed. She stated the developer of the Atlantic Plaza, owns the property and needs to
develop it properly, as well as make a profit. She questioned whether incentives could be
looked at as far as that project is concerned.
Mayor Perlman stated the difference in the two properties is that Swinton
Avenue has more of a historic nature with the Sundy House and other parcels located
there. He felt he would have a concern with an incentive package for Atlantic Plaza
because it is possibly the most attractive site in the City. Issues which have been
addressed are: massing, buildings, civic space has been enhanced with the opening to
Veteran’s Park, parking, and traffic flow by directing traffic on to Federal Highway.
Mrs. Montague questioned what the next steps would be with the Swinton
Avenue project and the Atlantic Plaza Property.
The City Manager stated the process would begin with the changes in the
design guidelines, an ordinance would need to be drafted, the project would go to
Planning and Zoning for review, then to the Commission for adoption. The other factor
would be to work with the Community Redevelopment Agency (CRA) to see what might
need to be done to help facilitate some of the changes, particularly on South Swinton
Avenue.
Mrs. Montague questioned how the City should address the other two (2)
sites. She stated the Swinton Avenue site is the easier site as it is for sale, but it was
different for the other two (2) sites as plans have been brought forth.
The City Manager stated the developers, particularly of Atlantic Plaza,
were asked to wait until the process had occurred. The City will wait to see how the
developers respond to the process and what has been suggested. The same situation will
apply to the Hotel Vista Del Mar.
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Mr. Fetzer agreed with Mayor Perlman’s comment that the ball is in the
developer’s court. There has been a considerable amount of good public input in this
process, and he is interested to see what the developer will come back with.
Mrs. Ellis stated she felt the developers of the Atlantic Plaza and Hotel
Vista Del Mar sites will take care of themselves. The developers will come back with
proposals the Commission can or cannot agree with. Those parcels are private property
which can be bought and sold for development, so the City might not be dealing with the
same players. The concern is with the South Swinton Avenue site, and the historic
potential. There are certain things that make up the soul of the community.
9.D. BANNER HANGING POLICY:
Consider approval of the proposed
Banner Hanging Policy as recommended by staff.
Robert A. Barcinski, Assistant City Manager stated staff is requesting the
Commission to reconsider the Banner Hanging Policy, which was first brought to
Commission in February. At that time, the Commission was not ready to make a
decision on the staff recommendations and wanted more time, and felt this policy needed
more thought. The Downtown Development Authority (DDA) would like to see the
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welcome banners hung on all poles on Atlantic Avenue, as well as, on N.E. 4 Avenue
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from Atlantic to 2 Street, on Swinton Avenue to N.E. 4 Street on the north side, and to
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S.E. 2 Street on the south side. Staff recommends all welcome banners be hung at all
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intersection corners on Atlantic Avenue then on every other pole, then on N.E. 4 Street
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only as far as N.E. 1 Street, and on Swinton Avenue going one (1) block north and one
(1) block south of Atlantic Avenue. The difference in the recommendations is the extent
of the commercial area where the banners should be hung rather than extending the
banners into residential areas.
Mrs. Ellis would like to see the banners on the side street areas.
The City Manager gave details on the extent where the banners would be
hung in the future; including all the way down Atlantic Avenue to Interstate 95 once that
area has been redeveloped. He explained it would be a monumental task involving
considerable man hours, however if the Commission expresses interest in the banners
extending beyond the proposed suggestions, it would be done.
Marjorie Ferrer, Downtown Coordinator for the Downtown Development
Authority (DDA) explained the justification why the DDA recommends the banner
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locations extend to 4 Street instead of 1 or 2 Streets. The four blocks north to 4
Street were included in the beautification plan which was included in the cluster study,
and part of Old School Square Historic Arts District (OSSHAD). The banners would
connect with the paver sidewalk beautification, and the clustered outlines of the DDA
District.
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Mr. Fetzer moved to approve, subject to staff recommendations, with
nd
modifications for the location of the banners to extend to 2 Street, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mrs. Montague – Yes;
Mayor Perlman – Yes; Mrs. Ellis – No; Mr. Fetzer – Yes. Said motion passed with a 3 to
1 vote, with Mrs. Ellis dissenting.
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. 35-06:
City initiated amendment to Land
Development Regulations (LDR) Section 4.3.3, “Specific Requirements for Specific
Uses”, to require the installation of generators for certain critical facilities. 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. 35-06 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, CHAPTER FOUR “ZONING
REGULATIONS”, BY ENACTING A NEW
SUBSECTION 4.3.3(LL), “KIDNEY DIALYSIS
CENTERS”; BY ENACTING A NEW SUBSECTION
4.3.3(LLL), “PHARMACIES”; BY ENACTING A NEW
SUBSECTION 4.3.3(MM), “GROCERY STORES”; BY
ENACTING A NEW SECTION 4.3.3(OO),
“MULTIFAMILY RESIDENTIAL BUILDINGS
EQUIPPED WITH ELEVATORS”; BY ENACTING A
NEW SUBSECTION 4.3.3(OOO), “CLUBHOUSES AND
COUNTRY CLUBS”, ALL TO PROVIDE THAT
CERTAIN KIDNEY DIALYSIS CENTERS,
PHARMACIES, GROCERY STORES, RESIDENTIAL
BUILDINGS WITH ELEVATORS, CLUBHOUSES AND
COUNTRY CLUBS SHALL PROVIDE AUXILIARY
POWER GENERATORS WITHIN SPECIFIED TIME
FRAMES; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 35-06 is on file in the City Clerk’s
office.)
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Brian Shutt, Assistant 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.
Paul Dorling, Director of Planning and Zoning, provided background on
Ordinance No. 35-06 which was read for first reading on June 6, 2006 with direction to
staff to individually notice all affected parties which included pharmacies, and grocery
stores over 10,000 feet, dialysis centers, clubhouses, and residential buildings in the City
which had elevators. This was accomplished between the first and second reading. Staff
is recommending approval at this time.
Mayor Perlman declared the public hearing open.
John Gale, Maintenance Manager at the Penthouse Delray
which is
located 1910 S. Ocean Boulevard in Delray Beach, came forward to state that Penthouse
Delray approves of the new requirements except the height requirement for residential
buildings. The Penthouse is a four (4) story building with eighty (80) units. There are
only fifteen (15) full time residents out of eighty (80) during the hurricane season. The
expense to install a generator at this complex for the hydraulic elevators would cost
$75,000 to $90,000. Insurance was recently cancelled because of their location on a
barrier island, and they had to transfer to wind insurance which now costs $95,000, an
increase of $50,000 from their previous premium. Mr. Gale stated the extra expense of
the generator would be an unnecessary burden on the residents of Penthouse Delray.
Joe Black, President of Tropic Bay Condo Association
stated their
complex has 399 units with thirteen (13) buildings five (5) stories high. Tropic Bay is in
a mandatory evacuation area and the cost would be an undue hardship on the residents. It
would also be difficult to store fuel for the generator; therefore the residents are against
Ordinance No. 35-06.
Alene Egol Aarons, President of the Churchill Condominium on
Federal Highway on the Intracoastal
, stated their Association was also in a mandatory
evacuation area. Churchill is a five story building with thirty (30) apartments of which
approximately ten (10) are in occupancy year round. Insurance and liability for storing
propane are a concern.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 35-06, the public hearing was closed.
Mr. Fetzer was not in favor of requiring generators in existing
condominiums, only new construction. He felt this was an issue which should be
discussed between the condominium residents.
Mrs. Ellis stated this is a public safety issue and recommended the City
give residential complexes six (6) years to comply.
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06/20/06
Mrs. Montague stated this is a safety issue. She felt the people who own
the properties now may not own them in the future. There are issues for the Police and
Fire Departments, and all issues have to be weighed. Time for compliance could be
extended, but Mrs. Montague felt the requirement for generators should be mandatory.
Mayor Perlman stated the kidney dialysis centers, pharmacies, and any
business which has a life saving component is critical, also concurring with Mr. Fetzer
that the issue should be discussed among the residents of the condominiums.
It was the consensus of the Commission to make generators mandatory on
grocery stores, dialysis centers, and new construction.
Mayor Perlman asked Fire Chief Kerry Koen to submit information
offering the view and experience of the Fire Department concerning this issue as related
to the last few hurricane seasons.
Mrs. Ellis moved to adopt Ordinance No. 35-06 minus Section 4.3.3(OO)
“Multifamily Residential Buildings Equipped with Elevators” of the Land Development
Regulations of the City of Delray Beach 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. Said motion passed with a 4
to 0 vote.
10.B. ORDINANCE NO. 30-06 (FIRST READING/FIRST PUBLIC
HEARING):
City initiated amendment to Land Development Regulations (LDR)
Section 2.4.6, “Procedures for Obtaining Permits and Approvals”, to provide that
properties in single family residential districts may only be entitled to one (1) extension
for a building permit; amending Section 4.4.3, “Single Family Residential (R-1)
Districts”, by enacting Subsection 4.4.3(I), “Construction Site Conditions/Restrictions”
and Subsection 4.4.3(J), “Violations of 4.4.3(I)”, to provide for conditions and
restrictions for structures that are undergoing construction and remedies for violators. If
passed, a second public hearing will be scheduled for July 11, 2006.
The caption of Ordinance No. 30-06 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 OF
THE CITY OF DELRAY BEACH, AMENDING
SECTION 2.4.6, “PROCEDURES FOR OBTAINING
PERMITS AND APPROVALS”, SUBSECTION
2.4.6(B)(4), “CONDITIONS OF THE PERMIT”, TO
PROVIDE THAT PROPERTY IN SINGLE FAMILY
RESIDENTIAL DISTRICTS MAY ONLY BE
ENTITLED TO ONE EXTENSION FOR A BUILDING
PERMIT; AMENDING SECTION 4.4.3, “SINGLE
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FAMILY RESIDENTIAL (R-1) DISTRICTS”, BY
ENACTING SUBSECTIONS 4.4.3(I), “CONSTRUCTION
SITE CONDITIONS/RESTRICTIONS”, AND
SUBSECTION 4.4.3(J), “VIOLATIONS OF 4.4.3(I)”, TO
PROVIDE FOR CONDITIONS AND RESTRICTIONS
FOR STRUCTURES THAT ARE UNDER GOING
CONSTRUCTION IN A SINGLE FAMILY
RESIDENTIAL DISTRICT AND TO PROVIDE FOR
REMEDIES IF THOSE RESTRICTIONS ARE
VIOLATED; PROVIDING A GENERAL REPEALER
CLAUSE; A SAVINGS CLAUSE AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 30-06 is on file in the City Clerk’s
office.)
Brian Shutt, Assistant 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.
Brian Shutt, Assistant City Attorney, stated that this ordinance is before
the Commission for first reading and first public hearing. It was heard at the last regular
Commission meeting. However, in the interim, there was a change in the ordinance
regarding the size of the one temporary trailer, building, or shed which could be allowed
on the property and to specify that the footprint size requirement would not exceed ten
foot by twelve foot (10’ X 12’) structure (Section 2(I)(3)).
Paul Dorling, Director of Planning and Zoning, stated there were issues
concerning developers working in neighborhoods. Restrictions and guidelines have been
addressed in Ordinance No. 30-06. The Planning and Zoning Board unanimously
recommends approval.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 30-06,
the public hearing was closed.
Mr. Fetzer moved to approve Ordinance No. 30-06 on First Reading/First
Public Hearing, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows:
Mayor Perlman – Yes; Mrs. Ellis – Yes; Mr. Fetzer – Yes; Mrs. Montague – Yes. Said
motion passed with a 4 to 0 vote.
10.C.ORDINANCE NO. 34-06:
An ordinance amending Section 37.45,
“Supplemental Code Enforcement Procedures”, to provide for civil violation imposition
and collection of penalties via ticketing through City Code and Law Enforcement
Officers; and to provide for a Hearing Officer to hear civil violation appeals. 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.
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06/20/06
The caption of Ordinance No. 34-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING SECTION 37.45, “SUPPLEMENTAL
CODE ENFORCEMENT PROCEDURES”, OF THE
CODE OF ORDINANCES BY REPEALING IT IN ITS
ENTIRETY AND ENACTING A NEW SECTION 37.45,
“SUPPLEMENTAL CODE ENFORCEMENT
PROCEDURES”; PROVIDING FOR A HEARING
OFFICER TO HEAR CIVIL VIOLATION APPEALS;
PROVIDING FOR PENALTIES, IMPOSITION, AND
COLLECTION OF LIENS; PROVIDING FOR CIVIL
OFFENSES; PROVIDING FOR PAYMENT FOR
SERVICES AND QUALIFICATIONS OF HEARING
OFFICERS; PROVIDING FOR THE ESTABLISHMENT
OF CIVIL VIOLATION PROCEDURES; PROVIDING
FOR THE ESTABLISHMENT OF CIVIL PENALTIES
FOR VIOLATIONS; PROVIDING FOR IMPOSITION
AND COLLECTION OF CIVIL PENALTIES;
PROVIDING FOR APPEALS; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE; AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 34-06 is on file in the City Clerk’s
office.)
Brian Shutt, Assistant 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.
Al Berg, Assistant Director of Community Improvement, stated Ordinance
No. 34-06 was created to supplement the City’s Code Enforcement Board process,
specifically itinerant issues.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 34-06,
the public hearing was closed.
Mrs. Ellis moved to adopt Ordinance No. 34-06 on Second and FINAL
Reading, seconded by Mrs. Montague. 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.
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10.D.ORDINANCE NO. 32-06:
City initiated rezoning from RM (Medium
Density Residential) to CF (Community Facilities) for Lots 11 and 23, Block 6, Atlantic
ndth
Gardens, located approximately 57 feet north of S.W. 2 Street, between S.W. 11
th
Avenue and S.W. 12 Avenue for the Delray Beach Neighborhood Resource Center.
(Quasi-Judicial Hearing)
The caption of Ordinance No. 32-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED MEDIUM DENSITY RESIDENTIAL (RM)
DISTRICT TO COMMUNITY FACILITIES (CF)
DISTRICT; SAID LAND BEING TWO PARCELS
LOCATED APPROXIMATELY 57 FEET NORTH OF
ND
SW 2 STREET AND EXTENDING BETWEEN SW
THTH
11 AVENUE AND SW 12 AVENUE, 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. 32-06 is on file in the City Clerk’s
office.)
Brian Shutt, Assistant 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.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2006-269 into the record.
Paul Dorling, Director of Planning and Zoning stated this was a rezoning
of two (2) lots, Lots 11 and 23, Block 6, Atlantic Gardens approximately 0.314 acres,
currently owned by the City of Delray Beach. The western lot (Lot 11) was formerly the
Police Sub-Station and now there is a request to convert this into a community center to
act as the Delray Beach Neighborhood Resource Center. It includes the construction of
an offsite parking lot on the east parcel. The property is currently zoned RM (Medium
Density Residential) which does not allow community centers as either a principal or
conditional use. It is requested the zoning be changed to CF (Community Facilities)
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06/20/06
which would allow the proposed resource center. On May 15, 2006, the Planning and
Zoning Board held a public hearing in conjunction with the request. There was no public
testimony. After reviewing the staff report and discussing the proposal, the Board voted
4-0 to recommend to the City Commission that the rezoning request be approved.
Mrs. Montague moved to adopt Ordinance No. 32-06 on Second and
FINAL reading, seconded by Mrs. Ellis. 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.
10.E. ORDINANCE NO. 31-06:
An ordinance amending Chapter 32,
“Departments, Boards, and Commissions”, of the Code of Ordinances, by amending
Section 32.06, “Composition of Boards and Committees; Generally”, Section 32.07,
“Membership Qualifications/Requirements”; and Section 32.08, “Length of Terms;
Restrictions”, to provide that membership of a board may be established by resolution
and to permit other City Board members to sit on the Unity Collaborative. 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. 31-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 32, “DEPARTMENTS,
BOARDS AND COMMISSIONS”, BY AMENDING
SECTION 32.06, “COMPOSITION OF BOARDS AND
COMMITTEES; GENERALLY; SECTION 32.07,
“MEMBERSHIP QUALIFICATIONS/REQUIREMENTS;
AND SECTION 32.08, “LENGTH OF TERMS;
RESTRICTIONS”, TO PROVIDE THAT MEMBERSHIP
OF A BOARD MAY BE ESTABLISHED BY
RESOLUTION AND TO PERMIT OTHER CITY
BOARD MEMBERS TO SIT ON THE UNITY
COLLABORATIVE; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 31-06 is on file in the City Clerk’s
office.)
Brian Shutt, Assistant 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. 31-06,
the public hearing was closed.
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06/20/06
Mrs. Ellis moved to adopt Ordinance No. 31-06 on Second and FINAL
Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs.
Montague - Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mr. Fetzer – Yes. Said motion
passed with a 4 to 0 vote.
10.F.ORDINANCE NO. 33-06 (SECOND READING/SECOND
PUBLIC HEARING):
City initiated amendments to the Land Development Regulations
(LDR) creating a new zoning district, Section 4.4.29, “MROC (Mixed Residential,
Office, and Commercial) District”, amending Section 4.3.4(K), “Development Standard
Matrix” and Section 4.6.9(C)(8)(a), “Shared Parking” to add MROC as a zoning district
(THIS ORDINANCE IS ON THE AGENDA DUE
which can utilize shared parking.
TO ADVERTISING; AT FIRST READING IT WAS CONTINUED TO A DATE
NON-CERTAIN. ORDINANCE WILL COME BACK AT A LATER DATE AS A
FIRST READING/FIRST PUBLIC HEARING)
Item 11, Comments and
At this point, the Commission moved to
Inquiries on Non-Agenda Items from the City Manager and the Public.
11.A.City Manager’s response to prior public comments and inquiries.
At the last meeting there was concern expressed about the removal of
recycling containers that used to be on the beach, the City Manager stated the containers
were removed because of problems with high contamination of the materials in the
containers. The City is going to try different types of containers (ones that have a
relatively small hole to fit the material going into it) and see if they can avoid the
contamination problem.
Secondly, at the last meeting there was a concern expressed about charges
for the Senior/Western Community Center, the City Manager stated none of that has been
decided at this point and there was also a suggestion made that the City should charge
non-residents for the use of the Teen Center. The City Manager stated it has been the
City’s policy for many years that we would accept grants from other governments
recognizing that would limit the City’s ability to charge a different fee. He stated the
remodeling of the Teen Center was financed through a grant by Palm Beach County and
because the City accepted the grant they cannot charge a different fee for anyone who is a
Palm Beach County resident versus what we charge City residents.
11.B.From the Public.
None.
Item
At this point, the time being 7:32 p.m., the Commission moved to
9.E. of the Regular Agenda
.
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06/20/06
9.E. INTERLOCAL AGREEMENT/SCHOOL BOARD OF PALM
BEACH COUNTY:
Consider approval of an Interlocal Agreement between the City
and the School Board of Palm Beach County in the amount of $834,750.00 for the
purchase of 7.42 acres and the construction of the Soccer Complex at the old Atlantic
High School site.
Terrill Barton, Assistant City Attorney, stated this is an Interlocal
Agreement between the Palm Beach County School Board and the City of Delray Beach
for the purchase and construction of land (northwest corner) at the old Atlantic High
School site located at 2501 Seacrest Boulevard. Mrs. Barton stated the agreement states
that the City of Delray Beach would allow the Palm Beach County School Board to
utilize the soccer fields for recreational purposes during the school day and use them in
the evening and on weekends. Also, the City of Delray Beach would be allowed to use
the old gym at the old Atlantic High School site for basketball practices and the Palm
Beach County School Board would be allowed to utilize the Temple Sinai fields at the
new Atlantic High School site for practices, etc. Mrs. Barton stated attached to this
agreement is a Contract for Sale and Purchase of Land which would allow the City of
Delray Beach to purchase approximately 7.42 acres on the site to construct three soccer
fields (this will be before the Commission on July 11, 2006). She stated the School
th
Board is trying to expedite this to get it before their Board at their July 19 meeting and
they have to write the report this week.
Mayor Perlman commended Mrs. Barton for a job well done and stated he
has been assured that this will be on Palm Beach County School Board Agenda for July
19, 2006.
Mrs. Montague moved to approve the Interlocal Agreement between the
City of Delray Beach and the Palm Beach County School Board for the purchase and the
construction of the soccer complex, seconded by Mr. Fetzer. Upon roll call the
Commission voted as follows: Mayor Perlman – Yes; Mrs. Ellis – Yes; Mr. Fetzer –
Yes; Mrs. Montague – Yes. Said motion passed with a 4 to 0 vote.
9.F. GUARANTEED MAXIMUM PRICE (GMP)/OLD SCHOOL
SQUARE (OSS) PARKING GARAGE/CATALFUMO CONSTRUCTION AND
DEVELOPMENT, INC.:
Consider approval of the Guaranteed Maximum Price (GMP)
in the amount of $15,708,412.64 for the construction of the Old School Square (OSS)
Parking Garage Project as submitted by Catalfumo Construction and Development, Inc.
Funding is available from 380-4150-572-63.29 (2004 G.O. Bond/Old School Square).
Richard Hasko, Director of Environmental Services, stated he was before
the Commission to present the Guaranteed Maximum Price (GMP) for the Old School
Square (OSS) Parking Garage Project. Present to answer questions were Ed Meinzinger
from Catalfumo Construction Ltd., Ian Nessler and Bruno Phillips from Pierce Goodwin
Alexander & Linville (PGAL) Architects, Inc. Referencing Tab number three (3), Mr.
Hasko noted this was the construction time schedule for the garage. According to the
current schedule, completion of the garage is estimated at mid to late summer of 2007.
Tab number four (4) is the cost summary for the entire project with a total of
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06/20/06
$15,708,412.64; this is for the garage as it is planned with 510-520 spaces, 16,800 square
feet of retail, restroom facility to service the park, and the police substation. Tab number
five (5), second page, contains items which could affect the cost and its reduction. Mr.
Hasko discussed restructuring and phasing issues.
Discussion between the Commission and staff followed concerning
feasibility of alternative construction issues.
Mrs. Montague moved to approve the Guaranteed Maximum Price (GMP)
in the estimated amount of $15,708,412.64 for the construction of the Old School Square
(OSS) Parking Garage Project, 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.
9.G. APPOINTMENT OF OUTSIDE COUNSEL/PALERMO V. CITY OF
DELRAY BEACH:
Consider the appointment of Leonard Carson, Esq. and Lucy
Turner, Esq. of Carson & Adkins, P.A. to act as outside counsel for the City in the case of
Palermo v. City of Delray Beach.
Brian Shutt, Assistant City Attorney, stated the City Attorney’s office is
requesting the appointment of Leonard Carson, Esq. and Lucy Turner, Esq. of Carson &
Adkins, P.A. to act as outside counsel for the City of Delray Beach in the case of Palermo
v. City of Delray Beach.
Mrs. Ellis moved to approve the appointment of Leonard Carson, Esq. and
Lucy Turner, Esq. of Carson & Adkins, P.A. to act as outside counsel for the City of
Delray Beach in the case of Palermo v. City of Delray Beach and the Delray Beach
Police Department, seconded by Mrs. Montague. 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.
9.H. APPOINTMENTS TO THE CIVIL SERVICE BOARD:
Appoint two
(2) regular members to the Civil Service Board for two (2) year terms ending July 1,
2008. Based upon the rotation system, the appointments will be made by Commissioner
Ellis (Seat #1) and Commissioner Fetzer (Seat #2).
Mrs. Ellis moved to reappoint Emily Dobard as a regular member to the
Civil Service Board for a two (2) year term ending July 1, 2008, seconded by Mr. Fetzer.
Upon roll call the Commission voted as follows: Mrs. Montague – Yes; Mayor Perlman
– Yes; Mrs. Ellis – Yes; Mr. Fetzer – Yes. Said motion passed with a 4 to 0 vote.
Mr. Fetzer moved to reappoint Kristin Christensen as a regular member to
the Civil Service Board for a two (2) year term ending July 1, 2008, seconded by Mrs.
Ellis. Upon roll call the Commission voted as follows: Mayor Perlman – Yes; Mrs. Ellis
– Yes; Mr. Fetzer – Yes; Mrs. Montague – Yes. Said motion passed with a 4 to 0 vote.
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06/20/06
9.I. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT
AGENCY:
Appoint one (1) regular member to the Community Redevelopment Agency
(CRA) for a four (4) year term ending July 1, 2010. Based upon the rotation system, the
appointment will be made by Commissioner Fetzer (Seat #2).
Mayor Perlman declared a conflict of interest, passed the gavel to Vice
Mayor Ellis and stepped down from the dais.
Mr. Fetzer moved to reappoint Howard Lewis as a regular member to the
Community Redevelopment Agency (CRA) for a four (4) year term ending July 1, 2010,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Ellis
– Yes; Mr. Fetzer – Yes; Mrs. Montague – Yes. Said motion passed with a 3 to 0 vote.
At this point, Mayor Perlman returned to the dais.
9.J. APPOINTMENTS TO THE DOWNTOWN DEVELOPMENT
AUTHORITY:
Appoint two (2) regular members to the Downtown Development
Authority (DDA) for three (3) year terms ending July 1, 2009. Based upon the rotation
system, the appointments will be made by Commissioner Ellis (Seat #1) and
Commissioner Fetzer (Seat #2).
Mrs. Ellis moved to reappoint Janet Onnen as a regular member to the
Downtown Development Authority (DDA) for a three (3) year term ending July 1, 2009,
seconded by Mrs. Montague. 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.
Mr. Fetzer moved to appoint Francis Marincola as a regular member to the
Downtown Development Authority (DDA) for a three year term ending July 1, 2009,
seconded by Mrs. Montague. 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.
9.K. APPOINTMENT TO THE POLICE ADVISORY BOARD:
Appoint
one (1) regular member to the Police Advisory Board for an unexpired term ending
December 13, 2008. Based upon the rotation system, the appointment will be made by
Commissioner Montague (Seat #4).
Mrs. Montague moved to appoint Jose Herrera as a regular member to the
Police Advisory Board for an unexpired term ending December 13, 2008, seconded by
Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Montague – Yes;
Mayor Perlman – Yes; Mrs. Ellis – Yes; Mr. Fetzer – Yes. Said motion passed with a 4
to 0 vote.
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06/20/06
9.L. APPOINTMENT TO THE POLICE AND FIREFIGHTERS
RETIREMENT SYSTEM BOARD OF TRUSTEES:
Appoint one (1) regular member
to the Police and Firefighters Retirement System Board of Trustees for a two (2) year
term ending June 30, 2008. Based upon the rotation system, the appointment will be
made by Commissioner Ellis (Seat #1).
Mrs. Ellis moved to reappoint Alexander Simon as a regular member to
the Police and Firefighters Retirement System Board of Trustees for a two (2) year term
ending June 30, 2008, seconded by Mrs. Montague. Upon roll call the Commission voted
as follows: Mayor Perlman – Yes; Mrs. Ellis – Yes; Mr. Fetzer – Yes; Mrs. Montague –
Yes. Said motion passed with a 4 to 0 vote.
9.M. APPOINTMENTS TO PUBLIC EMPLOYEES RELATIONS
COMMISSION:
Appoint one (1) regular member to the Public Employees Relations
Commission (PERC) and one (1) alternate member for four (4) year terms ending June
30, 2010. Based upon the rotation system, the appointments will be made by
Commissioner Montague (Seat #4) and Mayor Perlman (Seat #5).
Mrs. Montague moved to reappoint Dinah Stephenson as a regular
member to the Public Employee Relations Commission (PERC) for a four (4) year term
ending June 30, 2010, 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.
Mayor Perlman stated he wished to reappoint Edward Desmond as an
alternate member for a four (4) year term ending June 30, 2010. Mrs. Ellis so moved,
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.
Item
At this point, the time being 7:58 p.m., the Commission moved to
12, First Readings
.
12.FIRST READINGS:
12.A.ORDINANCE NO. 36-06:
An ordinance amending Chapter 136,
“Sexual Offenders and Sexual Predators”, of the Code of Ordinances, Section 136.02,
‘Sexual Offenders and Predator Residence Prohibition”, to provide for an additional
exception to the residence prohibition to exclude persons who were convicted of the
enumerated offenses prior to October 1, 2004 to mirror the Florida State Statutes. If
passed, a public hearing will be scheduled for July 11, 2006.
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06/20/06
The caption of Ordinance No. 36-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 136, “SEXUAL
OFFENDERS AND SEXUAL PREDATORS”, OF
THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, BY AMENDING SECTION
136.02, “SEXUAL OFFENDERS AND SEXUAL
PREDATOR RESIDENCE PROHIBITION”, TO
PROVIDE FOR AN ADDITIONAL EXCEPTION TO
THE RESIDENCE PROHIBITION TO EXCLUDE
PERSONS WHO WERE CONVICTED OF THE
ENUMERATED OFFENSES PRIOR TO OCTOBER
1, 2004; PROVIDING FOR A SAVINGS CLAUSE,
GENERAL REPEALER CLAUSE AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 36-06 is on file in the City Clerk’s
office.)
Brian Shutt, Assistant City Attorney, read the caption of the ordinance.
Mrs. Ellis moved to approve Ordinance No. 36-06 on FIRST 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. Said motion
passed with a 4 to 0 vote.
Item 13, Comments and
At this point, the Commission moved to
Inquiries on Non-Agenda Items from the Commission.
13.COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A.City Manager
The City Manager stated there was an approval of a payment to Ron Bell
Roofing on the additional woodwork on the depot. He stated the City negotiated a
reduction in the payment and it was discounted $6,307.00 in view of the large amount of
wood that had to be used.
Secondly, the City Manager stated on Friday he will be going to Orlando
for the Florida League of Cities Legislative Committee Meeting for the post session
wrap-up.
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06/20/06
13.B.City Attorney
Brian Shutt, Assistant City Attorney, had no comments or inquiries on
non-agenda items.
Mayor Perlman commended Mr. Shutt for a job well done.
13.C.City Commission
13.C.1.Mr. Fetzer
Mr. Fetzer had no comments or inquiries on non-agenda items.
13.C.2.Mrs. Ellis
Mrs. Ellis commended Lula Butler, Director of Community Improvement,
for the Clean City Program and stated this is one of the best programs to come through
this City in a long time. Mrs. Ellis stated she is thrilled with this program and will do
everything she can to help support it.
13.C.3.Mrs. Montague
Mrs. Montague stated she and Commissioner Ellis celebrated with Pastor
Thomas at the Palm Beach County Convention Center on Saturday and noted it was a
wonderful event.
Secondly, Mrs. Montague stated the Neighborhood Advisory Council
(NAC) is trying to create opportunities to have residents come to them for suggestions to
point out some of the areas throughout the City that need to be cleaned up. She stated the
City needs the help of its residents to keep this City as clean as it can be.
13.C.4.Mayor Perlman
Mayor Perlman stated Martin County has five (5) Community
Redevelopment Agencies and they were here last week to tour our City and talk to the
CRA staff. He stated Oak Park, Illinois is keeping a close watch on our historic design
guideline process. Mayor Perlman stated there is some development pressures in Oak
Park because they have a desire to keep the historic Frank Lloyd Wright designs.
Secondly, he congratulated William McCollom (Police Major for the City
of Delray Beach) for being selected as the new Chief of Police for the City of Tequesta.
Mayor Perlman stated Mr. McCollom will be greatly missed and noted that he had a great
impact on technology and received national recognition. In addition, he was a very
positive force in creating the Delray Beach Youth Enrichment Charter School with
Johnny Pun and Fred Glass. Mayor Perlman stated Mr. McCollom also did some
command work in the southwest and northwest section and is very well liked by many
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06/20/06
people. Mayor Perlman stated he first met Mr. McCollom when he was a training officer
and later he became a canine handler and won national awards. Mayor Perlman stated
th
Mr. McCollom will begin July 10 and stated this is the tenth chief produced by the
Delray Beach Police Department.
Mayor Perlman suggested that the City of Delray Beach recognize Richard
(Dick) Sheremeta who retired from Heller-Weaver & Sheremeta, Inc. on Friday. Mayor
Perlman stated Mr. Sheremeta was past Chairman of the Chamber of Commerce, a
member of the Downtown Development Authority (DDA) among other advisory boards
and did some professional work for the City of Delray Beach as well. He is also well
known for his wood working and his photography (which is on the City’s website)
th
especially his 4 of July and Delray Affair photography.
He announced that Mrs. Wesley had surgery yesterday at Orlando
Regional and asked that everyone keep her in their prayers.
Mayor Perlman stated the Florida League of Cities has the awards
program that is coming up and feels the City of Delray Beach should enter several
categories this year. He suggested that Susan Ruby be nominated as City Attorney of the
Year because the City Attorney’s office has had a very busy year and have made policies
(i.e. workforce housing) that are being looked at by people from all over. Mayor Perlman
stated the City Attorney has also done things above and beyond the call of duty
particularly in the area of R.A.C.E. Relations where she was a regular attendee at the
meetings and is now spearheading some of the study circles. He feels this is a great
example to set as a City Attorney and thus the reason she should be nominated.
Mr. Fetzer suggested that Commissioner Levinson and Mayor Perlman
also be nominated.
The City Manager suggested that Joseph Safford be nominated for Finance
Director of the Year.
Lastly, Mayor Perlman stated he is a history buff and before the City
Commission meetings he has ritual where he selects a previous year and reviews the City
Commission minutes. He stated he went back in Delray’s history (50 years ago) to the
City Commission meeting of June 25, 1956. He encouraged everyone to review these
minutes because it was a meeting in which it starts off with Catherine Strong who was
then a City Councilperson who was disputing a report in Jet Magazine on the City’s
R.A.C.E. Relations and then it went into a vote which Mrs. Strong lost (3-1). There were
appropriated monies for a pool in the northwest section and then it was decided they were
not going to build a pool. Mayor Perlman stated Mr. Pompey was very prominent in the
debate and stated some of the language and rationale that was used 50 years ago was very
interesting.
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06/20/06
There being no further business, Mayor Perlman declared the meeting adjourned at 8:13
p.m.
~~J ~~. ~~~
City Clerk
ATTEST:
~f tA...
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 June 20, 2006, which Minutes were formally approved and adopted by the City
Commission on July 11, 2006
---
~\). ~~';~J
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
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06120/06
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IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRA Y BEACH, FLORIDA
WAIVER REQUESTED BY SEAGATE RESIDENCES
1. These waiver requests came before the City Commission on June 20,
2006.
2. The City staff, applicant, and other persons have presented documentary
evidence and testimony to the City Commission pertaining to the waiver requests of
Seagate Residences. All of the evidence is part of the record in this case.
3. a. Recreation Waiver: Per LOR Section 4.4.6(H)(3), recreational
areas shall be required for all new rental apartment developments. and of owner
occupied developments which have homeowner associations that must care for
retention areas, private streets or common areas.
b. Stackina Distance: Per LOR Section 4.6.9(D)(3)(c)(1), a 50'
stacking distance is required between Gleason Street and the cross drive aisle, but a
distance of only 27' is provided.
Waivers: Pursuant to LOR Section 2.4.7(8)(5), prior to granting a waiver,
the approving body shall make a finding that the granting of the waiver:
(a) shall not adversely affect the neighboring area;
(b) shall not significantly diminish the provision of public facilities;
(c) shall not create an unsafe situation; and
(d) does not result in the grant of a special privilege in that the same
waiver would be granted under similar circumstances on other
property for another applicant or owner.
Should the recreation waiver be granted?
Yes 4 No 0
Should the waiver be granted for the stacking distance?
Yes 4 No 0
~M C). Pt. .
4. The City Commission has applied the Comprehensive Plan and LOR
requirements in existence at the time the waiver request was submitted and finds that
the
determinations
made
herein
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
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses which supports the findings set forth in this Order.
6. Based on the entire record before it, the City Commission approves
X denies _ the waiver requests and hereby adopts this Order this 20 day
of June, 2006, by a vote of
4 in favor and 0
opposed.
ATTEST:
~:\). ~~~~J
CheveUe D. Nubin, CMC
City Clerk
2
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
-COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
r NAME-FIRST NAME-MIOOLE NAME
?erlman, Jeffre L.
MAlUNG ADDRESS
Lakes Drive
COUNTY
Palm Beach
NAME OF BOARD, COUNCIL. COMMISSION. AU1liORl1Y. OR COMMIITEE
Delray Beach City Commission
THE BOARD. COUNCIl. COMMISSION. AUltlORfTY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
HCllY Q COUNTY Q OTHER lOCAl AGENcY
NAME OF POlITICAL SU6OlVlSION:
Cit of Delra Beach
CITY
DATE ON WHICH VOTE OCCURRED
MY POSITKitlIS:
ElECTIVE
Q. APPOlH11VE
WHO MUST FILE FORM 88
This fann is for use by any person serving at the county, city. or other local level of government on an appointed or elected board. council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in ......hich you have a conflict of interest will vary greaUy depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the fonn.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
-oerson holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
"es to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
re which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife. brother, sister, father-in-law,
mother-in-law, son-in-law. and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
. arenat listed on any national or regional stock exchange).
.
*
EL.ECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclo~ the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the. meeting. who should incorj>orate the form in the minutes.
*
APPOINTED OFFICERS:
. Although you must abstain from voting in the situations descril:led abOve, you otherwise may participate in these. matters. However, you
-Jst disclose the nature of the conflict before making any attempt to influence the decision, whether orally 0( in writing arid whether made
you or at your direction.
fOU INTEND TO MAKE ANY ATTEMPT TO iNflUENCE THE DECISION PRIOR TO THE MgETING AT WHICH THE VOTEWILlBE
TAKEN:
. You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recoroingthe .
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 88 - EFF. 1/2000
ITEM 9.1
PAGE 1
APPOINTED OFFICERS (continued)
. A copy of the fonn must be provided immediately to the other members of the agency.
. The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
___I
. You must disclose orally the nature of your conflict in the measure before partidpating.
. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the foon must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, Jeffrey L. Perlman
. hereby disclose that on
June 20
,20 J!L:
(a) A measure came or WiD come befOre my agency which (chOCk one)
inured to my special private gain or loss;
inured to Ih6 speaalgain or 1085 of my business a5sl:x:iate,
~ inured to the spedal gain or loss of my relative,
inured to the special gain or loss of
. whom I am retained; or
inured to the special gain or loss of
is the parent organization or subsidiary of a principal which has retained me.
Diane Colonna
,by
,which
(b) The. measure before my agency and the nature of my conflicting interest in the measure Is as follows:
Di~ne Colonna, my wife, is Director of the Community Redevelopment -Agency (CRA).
I have a conflict voting on items that directly affect the Community Redevelopment
Agency.
6/20/06
Date RIed
NOTICE: UNDER PROVISIONS OF FLORIDASTA1LJTES~H2.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMHEACHMENT,
REMOV~ OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIM~D, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM-88 - EFF. 1(2000
PAGE2-