09-05-06 Minutes Reg
SEPTEMBER 5. 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, September 5, 2006.
1.
Roll call showed:
Present - Commissioner Fred Fetzer
Commissioner Jon Levinson
Commissioner Brenda Montague
Mayor Jeff Perlman
Absent - Commissioner Rita Ellis
Also present were - David T. Harden, City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Reverend Elizabeth Hill-Sanio with
Church of the Palms.
3.
gIven.
The Pledge of Allegiance to the flag of the United States of America was
4.
AGENDA APPROVAL.
Mayor Perlman stated this is some revised information for Item 8.L.,
Consent to Assi2:nment/Lease A2:reementlPil2:rim Belle Cruises. LLC and requested
that this item be moved to the Regular Agenda as Item 9.A.1.
He requested that Item 8.K., Release of Covenant Restrictions/Coral
Trace Homeowners' Association. Inc. be moved to the Regular Agenda as Item 9.A.2.
Also, Mayor Perlman stated there is additional information for Item 8.W.,
Bud2:et Transfer/Old School Square and Item 9.F., Appointment to the Code
Enforcement Board.
He noted that Item 12.D., Ordinance No. 45-06 be moved to the Public
Hearings as a First Reading/First Public Hearing item.
Mr. Levinson stated he would like to remove Item 9.J., City Attornev
Evaluation and Item 9.K., City Mana2:er Evaluation to a date certain of September 19,
2006.
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Mr. Fetzer moved to approve the Agenda as amended, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr.
Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion passed with
a 4 to 0 vote.
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5.
APPROVAL OF MINUTES:
Mrs. Montague moved to approve the Minutes of the Regular Meeting of
August 15, 2006, seconded by Mr. Fetzer. 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.
Mr. Fetzer moved to approve the Minutes of the Workshop Meeting of
August 22, 2006, seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mrs. Montague - Yes; Mayor Perlman - Yes; Mr. Fetzer - Yes; Mr. Levinson -
Yes. Said motion passed with a 4 to 0 vote.
6.
PROCLAMATIONS:
6.A. Reco2:nizin2: and Commendin2: Nina Mattos for winnin2: the East
Coast Paddle Board Championships
Mayor Perlman read and presented a proclamation hereby recognizing and
commending Nina Mattos for winning the East Coast Paddle Board Championships.
Nina Mattos, Ocean Rescue Operations Supervisor EMT, came forward to accept the
proclamation and Bob Taylor, Ocean Rescue Superintendent, gave a few brief comments.
6.B. Reco2:nizin2: Explorer Scout Jason Perlmutter for Savin2: a Life usin2:
the Heimlich Maneuver
Mayor Perlman read and presented a proclamation hereby recognizing
Jason Perlmutter, Explorer Post 320, for his immediate and appropriate action in an
emergency which resulted in the saving of a life. Jason Perlmutter came forward to
accept the proclamation and thanked the City of Delray Beach, Chief Koen, Shawn
Gibson, and his friends and family.
. 6.C. Reco2:nizin2: Bovs and Girls Club Dav for Kids
Mayor Perlman read and presented a proclamation hereby recognizing and
commending the Boys & Girls Club Day for Kids. Stephanie Shipley came forward to
accept the proclamation and gave a few brief comments. Also, Mrs. Shipley thanked the
City of Delray Beach for its support of the Delray Beach Boys and Girls Club. Mayor
Perlman stated the Day for Kids will be held on September 16, 2006 from 12:00-4:00
p.m. (1451 S.W. 7th Street on the corner of lih and S.W. 7th Street).
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7.
PRESENTATIONS:
7.A. "Spotli2:ht on Education" - Jodv Gleason. Executive Director of Palm
Beach County Education Commission
Jody Gleason, Executive Director of the Palm Beach County Education
Commission, stated the Palm Beach County Education Commission was established in
2000 by the Economic Council and modeled after the Criminal Justice Commission. The
intent was to create a support system for education. She gave a brief overview on
Spotlight for Education.
Ms. Gleason stated in the workforce preparation they now have 94 career
academies and Palm Beach County has the largest number of students and the largest
number of academies in the nation. She stated these career academies were developed
with a process known as CEBLC (Career Education Business Leadership Committee)
who helped them design the academies to meet the workforce needs. They also
developed another group called QEEDE (Quality Education Economic Development
Employment) and they take the leaders from workforce business development and meet
quarterly to make sure they are on the same page in assuring that education is responding
to business needs.
Mayor Perlman thanked Ms. Gleason for everything she has done.
7.B. Soccer Field and Miller Park Site Plans- Mike Carey of Kimlev Horn
Mike Carey, Kimley-Horn & Associates, Inc. gave a brief PowerPoint
presentation regarding the site plans for the soccer facility at the old Atlantic High School
site as well as upgrades to Miller Park.
Joseph Weldon, Director of Parks and Recreation, stated there is a
fundraising group for the Miracle League diamond as part of this entire project. Staff
recommends building the Miracle League diamond as part of this and the Miracle League
activities will raise the funds to pay the City back.
Brian Thompson thanked Mr. Weldon and the City Manager for the time
they have taken to do this. Mr. Thompson stated getting the work done now will serve
the Delray Beach soccer program the best it can be.
Pat Archer, Miracle League member, stated this plan delays the building
of the Miracle Field a little longer than what she was hoping but after meetings with
Parks and Recreation they decided it would be much more difficult to build it separately.
Mrs. Archer stated they have raised $250,000 thus far.
Woody McDuffie stated he appreciated the cooperation from Joseph
Weldon, Director of Parks and Recreation, Tom Kwiatek, Recreation Supervisor
IV ICommunity Center and Rodger Ribeiro, Recreation Superintendent and Kimley-Horn
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and noted it was very difficult to place all those fields in that space. He stated this was
put to a vote at the last Board of Directors meeting and approved unanimously by the
Delray Beach National Board.
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8.
CONSENT AGENDA: City Manager Recommends Approval.
8.A. CONFIRMATIONIRECISSION OF EMERGENCY
PROCLAMATION TROPICAL STORM ERNESTO: Confirm Emergency
Proclamation for Tropical Storm Ernesto pursuant to Chapter 95 of the City Code of
Ordinances and approve the rescission of the same.
8.B. ACCEPTANCE OF RIGHT-OF-WAY DEEDSIHABITAT FOR
HUMANITY/217 & 223 N.W. 15TH AVENUE: Approve acceptance of right-of-way
deeds with Habitat for Humanity of South Palm Beach County for improvements
associated with 217 and 223 N.W. 15th Avenue. Habitat for Humanity will give the City
a 5' strip of property along the west side of both lots and adjacent to N.W. 15th Avenue.
8.C. ACCEPTANCE OF EASEMENT DEEDIDELRAY MEDICAL
CENTER: Approve and accept an easement deed between the City and Delray Medical
Center providing a 12' wide water main easement to be constructed at the Delray Medical
Center.
8.D. REQUEST FOR SIDEWALK DEFERRAL/950 ALLAMANDA
DRIVE: Approve a request to defer the installation of a sidewalk in front of 950
Allamanda Drive. Staff recommends approval.
8.E. CHANGE ORDER NO. 4 (CONTRACT CLOSEOUT)/FINAL
PAYMENTIROSSO PAVING AND DRAINAGE. INC./NE 4TH AVENUE
BEAUTIFICATION: Approve Change Order No.4 (Contract Closeout) in the amount
of $32,769.49 and final payment in the amount of $54,999.47 to Rosso Paving and
Drainage, Inc. for completion of the NE 4th Avenue from Atlantic Avenue to NE 2nd
Street Beautification Project. Funding is available from 442-5178-536-63.50
(WaterlSewerlRenewal and Replacement Fund/Water Mains) and 334-3162-541-65.81
(General Construction FundINE 4th Avenue).
8.F. CHANGE ORDER NO. 5 (CONTRACT CLOSEOUT)/FINAL
PAYMENT/JMW CONSTRUCTION CORPORATIONILAKE VIEW PARK:
Approve Change Order No.5 (Contract Closeout) in the amount of a $24,822.21 decrease
and final payment in the amount of $35,553.34 to JMW Construction Corporation for
completion of the Lake View Park Project. Funding is available from 380-4150-572-
63.26 (2004 G.O. BondlLake View Park).
8.G. SERVICE AUTHORIZATION NO. 1.6/PGAL. INC.: Approve
Service Authorization No. 1.6 to PGAL, Inc. in the amount of $9,168.00 for contract
reimbursable expenses relating to the construction of the Old School Square Parking
Garage Project. Funding is available from 380-4150-572-63.29 (2004 G.O. Bond/Old
School Square).
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8.H. AMENDMENT TO INTERLOCAL AGREEMENTIPALM BEACH
mUNTYIBARWICK ROAD IMPROVEMENTS: Approve an Amendment to the
Interlocal Agreement with Palm Beach County for reimbursement in the amount of
$51,300.00 for improvements along Barwick Road abutting Barwick Estates. Funding is
available from 334-3162-541-68.02 (General Construction FundIBarwick Road).
8.1. FLORIDA DEPARTMENT OF TRANSPORATION (FDOT)
UTILITY PERMIT & HOLD HARMLESS AGREEMENT/SEAGATE BEACH
CLUB. INC.: Authorize the City to act as the utility permit applicant for a water service
connection within the state right-of-way for Seagate Beach Club, located on the east side
of State Road AlA, south of Casuarina and approve a hold harmless agreement with the
developer (HH Properties-I, Inc.).
8.J. CONSTRUCTION MANAGER AT RISK
DOCUMENTSIWESTERNI SENIOR COMMUNITY CENTER PROJECT:
Approve a proposal and related agreement for the preconstruction services phase of the
Western Community Center Project's Construction Management at Risk Contract in the
amount of $87,740.00. Funding is available from 380-4150-572-62.58 (2004 G.O.
Bond/Western/Senior Community Center).
8.K. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.2.
8.L. THIS ITEM. HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.1.
8.M. CONSENT TO ASSIGNMENT OF LEASENEGA INVESTMENT
GROUP. LLC: Approve Consent to Assignment of Lease with Vega Investment Group,
LLC which will acquire Quality Broadcasting Corporation's lease for
telecommunications/radio transmitting tower purposes from the City of Delray Beach and
approve staff recommendation that the City receive the monthly payment in the form of
money rather than the advertising services.
8.N. AMENDMENTffICKETMASTER L.L.C. AGREEMENT/CHRIS
EVERT EVENT: Approve an amendment to the Agreement between the City and
Ticketmaster L.L.C. to provide that all proceeds received from the Chris Evert Classic
ticket sales shall be paid directly from Ticketmaster to Chris Evert Charities, Inc.
8.0. COASTAL PLANNING & ENGINEERINGIBEACH
RENOURISHMENT: Approve and authorize Coastal Planning & Engineering to
proceed with the One (1) Year Post Construction Physical Monitoring for the Beach
Renourishment Project in the amount of $37,570.00. Funding is available from 332-
4164-572-31.30 (Beach Restoration FundlEngineering/ Architect).
8.P. RESOLUTION NO. 58-06: Approve Resolution No. 58-06 providing
support for the City's beach renourishment project and a funding commitment to provide
for the local match.
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09/05/06
The caption of Resolution No. 58-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA
PROVIDING IT'S SUPPORT FOR THE CITY OF
DELRA Y BEACH RENOURISHMENT PROJECT AND
ITS ONGOING FUNDING COMMITMENT TO
PROVIDE FOR THE LOCAL MATCH.
(The official copy of Resolution No. 58-06 is on file in the City Clerk's
office)
~ FY 2007 GOLF RATESILAKEVIEW GOLF COURSE: Approve the
proposed FY 2007 maximum golf rates for the Lakeview Golf Course.
8.R. FY 2007 GOLF RATESIMUNICIPAL GOLF COURSE: Approve the
proposed FY 2007 maximum golf rates for the Municipal Golf Course.
8.S. FY 2007 TENNIS RATESITENNIS FACILITIES: Approve the
proposed FY 2007 maximum tennis rates for the Tennis Facilities.
8.T. RESOLUTION NO. 54-06 (BUDGET AMENDMENT): Approve a
resolution making amendments to the adopted budget for FY 2006 due to a State SHIP
Program Grant in the amount of $ 1,000,000.00 as part of the hurricane disaster initiative.
The caption of Resolution No. 54-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING RESOLUTION NO. 72-05 ADOPTED
SEPTEMBER 20, 2005, RESOLUTION NO. 18-06
ADOPTED APRIL 18,2006, RESOLUTION NO. 27-
06 ADOPTED MAY 16, 2006 AND RESOLUTION
NO. 53-06 ADOPTED AUGUST 15, 2006 WHICH
MADE APPROPRIATIONS OF SUMS OF MONEY
FOR ALL NECESSARY EXPENDITURES OF THE
CITY OF DELRA Y BEACH, FLORIDA, FOR THE
FISCAL YEAR 2005/2006, BY SETTING FORTH
THE ANTICIPATED REVENUES AND
EXPENDITURES FOR THE OPERATING FUNDS
OF THE CITY FOR THE FISCAL YEAR 2005/2006;
REPEALING ALL RESOLUTIONS INCONSISTENT
HEREWITH.
(The official copy of Resolution No. 54-06 is on file in the City Clerk's
office.)
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09/05/06
8.U. POLICE ADVISORY BOARD RULES: Approve the rules for the
Police Advisory Board as adopted by that board on June 12, 2006.
8.V. FUNDING REOUEST/CULTURAL COMPETENCY TRAINING
PROGRAM: Approve a funding request from Human Resources in the amount of
$25,000 to help with costs associated with the Cultural Competency Training Program
for City Employees and approve the agreement with Toward a More Perfect Union to
provide the training. Funding is available from 001-1311-512-54.30 (General
Fund/Training Educational Costs) after a budget transfer from the City Manager's
Contingency fund.
8.W. BUDGET TRANSFER/OLD SCHOOL SQUARE: Approve a budget
transfer in the amount of $50,000 from the FY 2005-2006 Contingency Fund to the Old
School Square Account #001-6312-579-82.10 for various costs.
8.X. CORRECTIONIRESOLUTION NO. 66-05: Approve a correction to
Section 3 of Resolution No. 66-05 adopted at the September 6, 2005 Commission
Meeting changing the maximum State Housing Initiatives Partnership (SHIP) award from
$8,000 to $10,000 for disaster relief assistance.
The caption of Resolution No. 66-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, ADOPTING
THE AMENDED LOCAL HOUSING ASSISTANCE
PLAN PURSUANT TO THE STATE HOUSING
INITIATIVES PARTNERSHIP (SHIP) PROGRAM AS
ATTACHED HERETO; ESTABLISHING A MAXIMUM
COST PER UNIT, THE STRATEGIES AND
INCENTIVES OF THE PLAN, THE MAXIMUM SHIP
FUNDS ALLOWABLE FOR ASSISTANCE, THE
MAXIMUM SHIP FUNDS FOR ADMINISTRATIVE
EXPENSES; AUTHORIZING THE NECESSARY
CERTIFICATIONS BY THE MAYOR AND
AUTHORIZING SUBMISSION OF THE PLAN TO THE
STATE HOUSING FINANCE CORPORATION;
PROVIDING FOR AN EFFECTIVE DATE UPON
APPROV AL.
office. )
(The official copy of Resolution No. 66-05 is on file in the City Clerk's
8.Y. RATIFICATION OF APPOINTMENT TO THE PARKING
MANAGEMENT ADVISORY BOARD: Approve and ratify the reappointment of Mr.
Herman Stevens, Downtown Development Authority Regular Representative, for a two
(2) year term ending August 1,2008.
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8.Z. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period August 14,2006 through September 1,2006.
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8.A.A.
AWARD OF BIDS AND CONTRACTS:
1. Contract award to Chaz Equipment Co., Inc. in the amount of
$47,750.00 for emergency repair of an 8" sanitary sewer main
at the west end of Avenue Villandry in the Chatelaine
Subdivision. Funding is available from 442-5178-536-63.51
(Water/Sewer RenewallReplacement Fund/Sewer Mains).
2. Bid award to Universal Beach Services in the amount of
$79,080.00 for a three year contract for professional beach
cleaning, maintenance and beautification services at the
Municipal Beach and Atlantic Dunes Park Beach. Funding is
available frOpl 001-4123-572-34.90 (General Fund/Other
Contractual Services).
3. Bid award to Vila & Son Landscaping in the estimated annual
amount of $20,286.00 for landscape maintenance along George
Bush Blvd.IN.E. 8th Street and West Atlantic Avenue.
Funding is available from 119-4144-572-46.40 (Beautification
Trust FundsIParks and Recreation Maintenance) for FY 2006-
2007.
Mr. Levinson moved to approve the Consent Agenda as amended,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said
motion passed with a 4 to 0 vote.
9.
REGULAR AGENDA:
9.A.1. CONSENT TO ASSIGNMENTILEASE AGREEMENT/PILGRIM
BELLE CRUISES. LLC: Approve Consent to Assignment regarding the Lease
'Agreement with Pilgrim Belle Cruises, LLC due to a name change for financing
purposes.
At this point, Mr. Fetzer stepped away from the dais.
The City Attorney stated she spoke to Joe Reardon who approved this
change. This change was brought to her attention by Commissioner Levinson that
basically the original LLC will remain responsible for fulfillment of all the terms and
conditions of the original contract as well.
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Mr. Levinson moved to approve the Consent to Assignment regarding the
Lease Agreement with Pilgrim Belle Cruises, LLC, seconded by Mrs. Montague. Upon
roll call the Commission voted as follows: Mr. Levinson - Yes; Mrs. Montague - Yes;
Mayor Perlman - Yes. Said motion passed with a 3 to 0 vote.
9.A.2. RELEASE OF COVENANT RESTRICTIONS/CORAL TRACE
HOMEOWNERS' ASSOCIATION. INC.: Approve a Release From Restrictive
Covenant between the City and Coral Trace Homeowners' Association that will release a
portion of property located at the northwest corner of Coral Trace Boulevard and Atlantic
Avenue. The property is no longer owned by the Association.
At this point, Commissioner Levinson stepped away from the dais.
The City Attorney stated this is a request to release covenant restrictions
that a lawyer has indicated that are not in the title to land that is being developed as a
medical office complex adjacent to Temple Sinai to the west. The agreement provided
that the City could take access, for its parcel, from Coral Trace Boulevard provided that it
abided by certain restrictions that were designed to prevent through traffic coming across
the City parcel from Atlantic High School and using Coral Trace Boulevard.
The developer of the parcel of property that is located at the northwest
corner of Coral Trace Boulevard and Atlantic Avenue is nearing completion of his office
condominium development and must obtain a release from this covenant as it is a cloud
on the title. The property formerly belonged to the Coral Trace Homeowners'
Association; however, this parcel was sold and is now no longer part of the HOA.
Michael Chatnik, Counsel for the Coral Trace Homeowners' Association,
stated the Association is requesting that the matter either be tabled or that they have an
opportunity to discuss the matter with counsel for the developer. He stated in reviewing
the restrictions that are being requested to be released the legal description has nothing to
do with the office park parcel.
At this point, Mr. Fetzer returned to the dais.
Mrs. Montague moved to approve the release of covenant restrictions
between the City of Delray Beach and the Coral Trace Homeowners' Association subject
to staffs legal review that it is appropriate, seconded by Mr. Fetzer. Upon roll call the
Commission voted as follows: Mr. Fetzer - Yes; Mrs. Montague - Yes; Mayor Perlman
- Yes. Said motion passed with a 3 to 0 vote.
9.A. APPEAL OF THE HISTORIC PRESERVATION BOARD'S
DECISION ASSOCIATED WITH 527 NORTH SWINTON AVENUE: Consider an
appeal of the Historic Preservation Board's decision approving a certificate of
appropriateness for the construction of a single family dwelling at 527 North Swinton
Avenue, located in the Del-Ida Park Historic District. (Quasi-Judicial Hearing)
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Mayor Perlman read into the record the City of Delray Beach procedures
for a Quasi-Judicial Hearing for this item and all subsequent items.
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Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
The City Attorney stated a request for a continuance has been submitted.
Livia Landry, Appellant, stated she requested a continuance and briefly
discussed the reasons for the request. She stated today she received the CD with the
Historic Preservation Board (HPB) minutes from August 2, 2006. Mrs. Landry entered a
series of documents into the record.
Michael Weiner, Weiner & Aronson, P.A., 102 N. Swinton Avenue,
Delray Beach, speaking on behalf of the Appellee, stated he does not see a reason to grant
the postponement based upon the policy of the City of Delray Beach as well as their own
circular reasoning.
Mr. Levinson moved to approve the request for continuance, seconded by
Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Levinson - No; Mrs.
Montague - No; Mayor Perlman - No; Mr. Fetzer - No. Said motion was DENIED with
a 4 to 0 vote.
Mayor Perlman asked the Commission to disclose their ex parte
communications. Mr. Levinson stated he provided emails he received and those are in
addition to the previous ex parte they have discussed on this. Mrs. Montague stated she
has received some emails in support of the project which she will give to the City Clerk.
Mayor Perlman stated he received approximately six emails in support of the project and
a conversation with the appellee's attorney. Mr. Fetzer stated he received approximately
six emails and had discussions with the attorney.
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Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2006-126 into the record.
Mr. Dorling stated the Historic Preservation Board (HPB) considered this
proposal on May 17, 2006, at which time they were considering a demolition and
construction of a single family residence with an attached two car garage. The Board
denied the demolition request and they did not consider the associated site plan. The site
plan has now been approved. On July 11, 2006, the applicants appealed the denial to the
City Commission where the appeal was upheld. Subsequently, they returned to the HPB
for approval of the two-story house. At that meeting, staff recommended approval of the
project; however, they did note that the architectural style was inconsistent with the
prevailing architectural styles within the historic district. Staff recommended some
conditions which would help with the compatibility and the Board took testimony from
members of the public as well as staff and approved the project with a 3 to 1 vote. They
did not endorse three of the eight conditions or apply the five conditions which staff
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wanted to have that would have increased the compatibility of the architectural style. On
August 16, 2006, this action was appealed by Hayden Burrus and Livia Landry who live
in the area. The relief being sought is that the approval of the COA be reversed and the
owner is required to resubmit an appropriate proposal which would comply with the
LDR's and the Delray Beach Historic Preservation Design Guidelines. Staff
recommended approval of the project subject to conditions of approval listed on page two
ofthe City Commission documentation.
Warren Adams, stated he was Acting Preservation Planner while this
report was submitted to the Historic Preservation Board, briefly reviewed the eight
conditions recommended by staff (three were recommended by the HPB and five were
not). Mr. Adams stated the five conditions which were not recommended by the HPB
were the conditions that addressed the actual architectural style of the proposal and it was
felt that the proposal of the architectural style was not consistent with what currently
exists in the Del-Ida Park Historic area.
Livia Landry. 701 N. Swinton Avenue. Delrav Beach (Appellant) and
Havden Burrus lives at 10 N.E. 6th Street (his property abuts the subiect property
527 N. Swinton Avenue) stated they have appealed the project that was approved by the
HPB on August 2, 2006, because the actions taken by the HPB are not consistent with the
LDR's, the Delray Beach Historic Preservation Design Guidelines and the initial staff
report that was made ayailable to the public on May 12,2006; and the facts contained in
the May 17, 2006 staff memorandum on 527 N. Swinton Avenue. Mrs. Landry read a
letter into the record regarding 527 N. Swinton Avenue written from a local architect who
could not attend this evening.
Michael Weiner. Appellee. 102 N. Swinton Avenue. Delrav Beach.
responded to the appellant's comments.
Anthonv Cosentino. Desi2:ner for Randall Stoff! Architects. agrees
with comments expressed by Michael Weiner and stated it meets the requirements of
LDR Section 4.5.1(E).
Mr. Weiner stated this is a misinterpretation and misapplication by the
appellant of the regulations.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of the appeal, to please come forward at this time.
Lori Albanese. lives in the nei2:hborhood, stated the Floor Area Ratio
(FAR) is inaccurate; expressed concern over the second floor being moved back and
features of the house; and noted if 3 out of 4 Historic Preservation Board members voted
for it why are they not here telling us how come now they are right or wrong. She
supports the appeal.
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Paul Householder. 521 N. Swinton Avenue. Delrav Beach. stated he
takes great pride in taking care of the outside of his home. He stated the City is allowing
a couple of people to challenge something that the Commission has already decided on
and he is amazed that the Dawsons have the tenacity to want to live in Delray Beach so
much. He stated it is a great addition and he is tired of looking at what is located next
door to him.
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Andrea Harden. 516 N. Swinton Avenue. Delrav Beach. stated this
house is very similar in the floor area ratio and it does have something to do with it
because the mass and scale is stated in the LDR's. She stated their house is almost 40%
and the house for which the Commission upheld the appeal and turned down (David
Rosenbaum's) is slightly over 40%. She distributed a handout to the Commission
regarding new construction. She stated the streetscape is very important and it shows that
they should be compatible in height. She stated the poor choices by the Historic
Preservation Board (HPB) has put the Marina District in a very precarious situation and
this is starting to happen in Del-Ida. Mrs. Harden urged the Commission to not forever
change the face of the Del-Ida District and Swinton Avenue and stated Swinton Avenue
is ajewel.
Liz Bold. 1104 Nassau Street. Delrav Beach. stated anything that Mr.
Gonzalez recommended really should not be taken under consideration under the Dawson
project. She supports the Dawson project and feels it is a lovely addition to Delray Beach
and agrees with Mrs. Harden that Swinton Avenue is a jewel. Ms. Bold stated she drove
down Swinton Avenue and feels it is an eclectic mix of small cottages, larger 3,000
square feet historic homes, very large recently built homes, and they all mix together to
create Swinton Avenue. She understands the Dawson home is in the Del-Ida Historic
Park District and only the homes around there should be taken into consideration so she
drove through Del-Ida Historic Park District and noticed the same thing (a very eclectic
mix of different architectures and different styles).
Annette Annechild. 300 North Swinton Avenue. Delrav Beach. stated
she has a corner lot and one of the newer larger homes in the OSSHAD District. She
commented about how large her home looks at 2,000 square feet (corner of 3rd and
Swinton). She stated her home towers over the house across the street and onto her right
(south) and noted the proposed home is very close to the street with two small houses on
either side. Ms. Annechild stated this is not a question of not welcoming new people
however she feels the Dawson proj ect does not flow and they should think about the
rhythm of the street.
Jim Rember2:. 7th Street. Delrav Beach (lives in a 1.450 square foot
sin2:le floor house). stated he does not understand why under the current guidelines that
this can't just come to an end and let it move forward.
Claudia Willis. 160 Marine Way. Delrav Beach. stated she has 13
properties in historic areas and has built new homes in addition to renovating them. She
noted that every experience has been a positive experience. She stated this is mis-
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information and people are afraid. Ms. Willis urged the Commission to protect the
historic areas and follow the guidelines.
Randv Marcin. 17 N.E. 6th Street. Delrav Beach (lives across the street
from the subject property). stated he feels "duped" in the whole process. He suggested
sending this back to the Historic Preservation Board (HPB) to have seven people vote on
this and find out what they really believe. He stated the decision that is made tonight is
going to define what happens in that district. Mr. Marcin stated he is not against their
house per say but it is about the entire district and having some rules in place that keep it
where it should be.
Karen StumpO. 10 N.E. 6th Street. Delrav Beach (her property is
located directly behind the subject property). stated their Florida room is in the back
of their house and with the second story and the way it is proposed it is going to be
looking into their Florida room. She stated she supports renovating the property but
would like to see that it stays consistent with all the other homes in the area. She stated
there are all one story homes on their block (i.e. N.E. 6th Street, Lake Court, and Swinton
Avenue). She stated although there are other two story homes in the district but not right
in this area and she feels it will ruin the streetscape. Mrs. Stumpfl urged the Commission
to make their decision based on the LDR's. She stated if they can meet the style and
scope architecturally with the neighborhood she is fine with that. She urged the
Commission to listen to the residents who live here in the Del-Ida Park community and
not just a developer who may potentially be in this for the money. She stated she
believes this project is not necessarily going to be for their home but instead is going to
be a project where they are going to resell once they build. She urged the Commission to
approve the appeal.
Gary Eliopoulos. stated he owns a home at 101 Dixie Hi2:hwav. Delrav
Beach (behind the subject property). stated this is a new structure and it should be
compatible and respectful to the other two story structures within the district. He stated
the applicant has made a conscious effort in reducing the upper story setbacks and
commented about the second story step back and in his opinion this is being respectful
and is being aware of your neighbors. He commented about the height and feels the
applicant is respectful to that in the fact that they are only at 25 feet and can actually go
to 35 feet. He stated this house is not a Key West style but is leaning towards the style of
Anglo-Caribbean (which is Danish). He agrees with staff with regard to windows,
proportions, etc. because they should relate and be respectful of that style.
The following appellant gave a brief cross-examination:
Hayden Burrus asked Mr. Weiner if there is any reason why the Floor
Area Ratio (FAR) should not be considered for this property and it was considered by the
City in two previous rulings and were overruled by the Historic Preservation Board
(HPB). Mr. Weiner stated the other two were not considered after a demolition and with
this particular one there is a demolition and a complete new structure. Mr. Weiner stated
with Mr. Rosenbaum things were being added and the other was a vacant lot. Mr.
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09/05/06
Weiner reiterated that this is a demolition.
Mr. Burrus asked Mr. Weiner ifhe was aware that 112 N.E. 7th Street that
the City previously ruled on was a demolition property. Mr. Weiner stated the house was
already gone when they were talking about this and more than one lot was being
discussed.
1
Mr. Dorling stated for the record Mrs. Landry made a reference to the
May 17, 2006 staff report and the reference that there were no required findings. This
action is being appealed before you for the August 2, 2006 meeting and there was a staff
report made for that and all the required findings were made. Mr. Dorling stated contrary
to what Mr. Weiner stated, the LDR's do require that new construction is compatible with
the historic architecture of the district. Staff believes the approval should be upheld as
originally recommended by staff; however, request that the original staff conditions that
were recommended be added at this time to make the structure more architecturally
compatible as required by the LDR's.
The following Appellants came forward to give a rebuttal:
Hayden Burrus (Appellant) stated they are talking about a proposed
structure not about whether or not the house should remain a,s is. In addition, Mr.
Hayden made reference to Mr. Ames' letter and noted that Mr. Weiner states that Mr.
Ames' likes the site of the house; however, Mr. Burrus stated this is not true and read a
sentence from the letter into the record. He stated as staff points out with regard to LDR
Section 4.5.1(E)(7), the Historic Preservation Board must compare to historic buildings
not to new buildings. Mr. Burrus stated the correct verbiage was presented; however, he
did not highlight the words "historic buildings" which is the critical phrase. He stated he
has a letter from an architect strongly encouraging some changes and noted that the
designer who previously spoke is not an architect and Mr. Eliopoulos is an architect who
did not make any mention ofthe LDR's.
Livia Landry (Appellant) stated Mr. Weiner made reference to Section
4.5.1(E)(8) with regard to stating that this property is not an addition; however, during
the demolition appeal which actually references LDR Section 4.5.1.(E)(8) and how this
property complies with all of those. She stated she believes it is used for new
construction but finds it interesting that he used it and now Mr. Weiner says that we
should not use it because it only applies to additions. Mrs. Landry stated she would like
to make it known that the Historic Preservation Planner uses Floor Area Ratio (FAR) and
did so in her staff reports and noted that Mrs. Dawson is being allowed to remove a
structure that is contributing in size, mass, and scale to replace it with one that is not.
Mrs. Landry stated approximately 85% of the homes in Del-Ida Park are under 2,500
square feet and the more the City allows homes over are 3,000 square feet that figure will
go down and they will lose the character and integrity of the neighborhood. She stated
the house has a FAR of 27% and the lot that the subject property is on is 7,700 square
feet.
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09/05/06
Michael Weiner (Appellee) stated rhythm goes up and down and stated in
the Design Guidelines the page shown by the appellant shows 2' s and I' s next to each
other. He displayed examples and stated they are not having that ratio of height to width.
He stated Randall Stofft has softened the second story and allows for single stories next
to two stories.
Mrs. Montague asked how the oval shaped windows fall into the overall
structure. Mr. Dorling stated this was a recommendation from the Historic Preservation
Planner to be more consistent with the vernacular style.
Warren Adams stated staff is trying to bring the house and the overall
architectural design more into line with the existing properties in the area. Staff is trying
to bring this more into line with the design of the rest of the houses. Therefore, staff felt
it was more appropriate to retain a similar window pattern throughout the facade. Mr.
Adams stated staffs purpose was to bring this more into line with the vernacular
properties which are in the Del-Ida Park Historic District and he is not aware of any
vernacular style properties in the district which have oval shaped Victorian influenced
windows in them.
Mr. Fetzer stated the oval windows is one of five different areas that staff
has recommended in addition to what the Historic Preservation Board (HPB) approved
~d asked Mr. Adams to expand on the other four areas and why they are architecturally
important to make this compatible. With regard to the roof pitches, Mr. Adams stated
reducing the pitch would be dependent on whether the roof pitch could be reduced
because of the standing cement metal roof fmish and would help reduce the overall
massing of the house. Mr. Adams stated the reason he suggested removing the louvers is
because it appears that the raised areas and part the roofs have only been introduced to
accommodate the louvers. He stated if the actual extra addition onto the pitch was done
away with and the louvers remain then it would not be a problem. Mr. Adams stated the
porch remains more of a Victorian style and was not consistent with what exists in the
area.
The 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).
The City Attorney stated the City Commission approves the Certificate of
Appropriateness (COA) denying the appeal and upholding the decision of the Historic
Preservation Board (HPB) subject to the conditions numerated as #1, #2, #6 and #8 on
Page 2 of the Planning and Zoning staff report.
Mr. Levinson moved to approve the Certificate of Appropriateness (COA)
denying the appeal and upholding the decision of the Historic Preservation Board (HPB)
subject to the conditions numerated as #1, #2, #6 and #8 on Page 2 of the Planning and
Zoning staff report, seconded by Mr. Fetzer. Upon roll call the Commission voted as
follows: Mrs. Montague - Yes; Mayor Perlman - Yes; Mr. Fetzer - Yes; Mr. Levinson-
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09/05/06
Yes. Said motion passed with a 4 to 0 vote.
Mr. Levinson moved to approve the Board Order as stated, seconded by
Mrs. Montague. Upon roll call the Commission voted as follows: Mayor Perlman - Yes;
Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said motion passed with a
4 to 0 vote.
"1
I
At this time, the Commission moved to Item 9.C., of the Regular
Agenda.
9.C. RESOLUTION NO. 59-06/COMMUNITY REDEVELOPMENT
AGENCY (CRA): Consider approval of Resolution No. 59-06 and a request for
proposal from the Community Redevelopment Agency (CRA) for a line of credit up to
$7,000,000 to fund construction and redevelopment of affordable housing units.
Mayor Perlman declared a conflict of interest, stepped down from the dais,
and passed the gavel to Deputy Vice Mayor Fetzer.
The caption of Resolution 59-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA,
AUTHORIZING THE DELRA Y BEACH COMMUNITY
REDEVELOPMENT AGENCY (THE "AGENCY") TO
ISSUE TAX INCREMENT REDEVELOPMENT
REVENUE NOTES, IN ONE OR MORE SERIES (THE
"NOTES"), IN THE AGGREGATE PRINCIPAL
AMOUNT OF NOT TO EXCEED SEVEN MILLION
DOLLARS ($7,000,000) TO BE OUTSTANDING AT
ANY ONE TIME, UPON TERMS HEREINAFTER
DESCRIBED; AUTHORIZING THE PROPER
OFFICIALS OF THE CITY TO DO ALL OTHER
THINGS NECESSARY TO ASSIST THE AGENCY IN
THE ISSUANCE OF THE NOTES; AND PROVIDING
FOR AN EFFECTIVE DATE.
(The official copy of Resolution No. 59-06 is on file in the City Clerk's
office. )
Mr. Levinson moved to approve Resolution No. 59-06, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Deputy Vice Mayor Fetzer
- Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said motion passed with a 3 to 0
vote.
At this point, the time being 8:37 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
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09/05/06
10.
10.A. RESOLUTION NO. 55-06 (TENTATIVE MILLAGE LEVY): A
resolution tentatively levying a tax on all properties within the City of Delray Beach for
operation and maintenance and for payment of principal and interest on bonded
indebtedness for FY 2007. Prior to passage of this resolution, a public hearing has been
scheduled to be held at this time.
PUBLIC HEARINGS:
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter ofthe City of Delray Beach, Florida.
The City Attorney announced this resolution levies a tax on all properties
in the City of Delray Beach for fiscal year 2007. The operating millage is 6.86 while
debt service millage remains at 0.44. The rolled back rate calculated under the TRIM law
for operating purposes is 5.9464 mills. The tentative millage rate at 7.30 mills would be
16.52% above the rolled back rate.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 55-06,
the public hearing was closed.
Mr. Levinson moved to approve Resolution No. 55-06, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr.
Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion passed with
a 4 to 0 vote.
10.B. RESOLUTION NO. 56-06 (TENTATIVE MILLAGE LEVYIDDA): A
resolution tentatively levying a tax on all properties within the Downtown Development
Authority Taxing District of the City of Delray Beach for FY 2007. Prior to passage of
this resolution, a public hearing has been scheduled to be held at this time.
The caption of Resolution No. 56-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, TO TENTATIVELY LEVY
A TAX ON ALL PROPERTIES WITHIN THE
DOWNTOWN DEVELOPMENT AUTHORITY TAXING
DISTRICT OF THE CITY OF DELRA Y BEACH,
FLORIDA, FOR MAINTENANCE AND OPERATION,
AND TO APPROPRIATE SAID COLLECTIONS
THEREUNDER.
(The official copy of Resolution No. 56-06 is on file in the City Clerk's
office.)
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter ofthe City of Delray Beach, Florida.
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09/05/06
The City Attorney stated this resolution levies a tax in the amount of 1.00
mill on all properties within the Downtown Development Authority (DDA) Taxing
District of the City of Delray Beach for fiscal year 2007. This millage exceeds the
0.7152 rolled back rate calculated under the TRIM law by 39.82%.
1
i
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 56-06,
the public hearing was closed.
Mrs. Montague moved to approve Resolution No. 56-06, seconded by Mr.
Fetzer. 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.
10.C. RESOLUTION NO. 57-06 (TENTATIVE BUDGET ADOPTION
FOR FY 2007): A resolution tentatively making appropriations of sums of money for all
necessary expenditures of the City of Delray Beach for the period October I, 2006
through September 30, 2007. Prior to passage of this resolution, a public hearing has
been scheduled to be held at this time.
The caption of Resolution No. 57-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
MAKING TENTATIVE APPROPRIATIONS OF
SUMS OF MONEY FOR ALL NECESSARY
EXPENDITURES OF THE CITY OF DELRA Y
BEACH FOR THE PERIOD FROM THE 1 st DAY OF
OCTOBER, 2006, TO THE 30th DAY OF
SEPTEMBER, 2007; TO PRESCRIBE THE TERMS,
CONDITIONS AND PROVISIONS WITH RESPECT
TO THE ITEMS OF APPROPRIATIONS AND THEIR
PAYMENT; AND TO REPEAL ALL RESOLUTIONS
WHOLLY IN CONFLICT WITH THIS RESOLUTION
AND ALL RESOLUTIONS INCONSISTENT WITH
THIS RESOLUTION TO THE EXTENT OF SUCH
INCONSISTENCY.
]
(The official copy of Resolution No. 57-06 is on file in the City Clerk's
office. )
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
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09/05/06
The City Manager stated this item is the proposed budget for fiscal year
2006-2007 and the tentative appropriations are set forth in Exhibit "A" to the resolution.
The additional funds provided at 7.30 mills are shown under "Reserves".
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 57-06,
the public hearing was closed.
Mayor Perlman asked if there is a management package for the Police
Department. In response, the City Manager stated there is a management package for the
Police Department.
Mr. Levinson asked if the Commission will receive new pages. The City
Manager stated staff has been doing adjustments as they go along and can create a
summary sheet.
Mr. Fetzer moved to approve Resolution No. 57-06, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mrs. Montague - Yes;
Mayor Perlman - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with a
4 to 0 vote.
10.D. ORDINANCE NO. 46-06: City initiated amendment to Land
Development Regulations (LDR) Section 4.3.3, "Specific Requirements for Specific
Uses" by enacting a new section 4.3.3 (00), "Multifamily Residential Buildings
Equipped with Elevators" to require the installation of auxiliary power generators for all
interior corridor lighting and exit signs; and at least one (1) public elevator.
The caption of Ordinance No. 46-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY
BEACH, FLORIDA, BY AMENDING CHAPTER
FOUR "ZONING REGULATIONS", SECTION 4.3.3,
"SPECIAL REQUIREMENTS FOR SPECIFIC USES",
BY ENACTING A NEW SECTION 4.3.3(00),
"MULTIFAMILY RESIDENTIAL BUILDINGS
EQUIPPED WITH ELEV ATORS", TO REQUIRE
THAT ALL NEW MULTIFAMILY RESIDENTIAL
BUILDINGS THAT ARE EQUIPPED WITH PUBLIC
ELEVATORS AND APPLY FOR A BUILDING
PERMIT AFTER THE EFFECTIVE DATE OF THIS
ORDINANCE PROVIDE AUXILIARY POWER
GENERA TORS FOR ALL INTERIOR CORRIDOR
LIGHTING AND EXIT SIGNS AND AT LEAST ONE
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09/05/06
(1) PUBLIC ELEVATOR AND CERTAIN EXISTING
MULTIFAMILY RESIDENTIAL BUILDINGS THAT
ARE EQUIPPED WITH PUBLIC ELEVATORS
SHALL HAVE SIX (6) YEARS FROM THE
EFFECTIVE DATE OF THIS ORDINANCE TO
PROVIDE SAME; PROVIDING FOR THE WAIVER
OF BUILDING PERMIT FEES; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER AND
AN EFFECTIVE DATE.
]
(The official copy of Ordinance No. 46-06 is on file in the City Clerk's
office.)
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 Resolution No. 46-06,
the public hearing was closed.
Mr. Fetzer moved to adopt Ordinance No. 46-06 on Second and FINAL
Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows:
Mayor Perlman - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes.
Said motion passed with a 4 to 0 vote.
10.E. ORDINANCE NO. 45-06: City initiated amendment to Land
Development Regulations (LDR) Section 4.4.13, "Central Business District", to provide
regulations relating to office uses on the ground floor along Atlantic Avenue extending
from 1-95 to Ocean Boulevard. If passed, a public hearing will be scheduled for
September 19, 2006.
The caption of Ordinance No. 45-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES,
BY AMENDING SECTION 4.4.13, "CENTRAL
BUSINESS DISTRICT", SUBSECTION. (B)(2),
"PRINCIPAL USES AND STRUCTURES
PERMITTED", SUBSECTION (D)(5), "CONDITIONAL
USES AND STRUCTURES ALLOWED", AND
SUBSECTION (H)(1), "SPECIAL REGULATIONS", TO
PROVIDE REGULATIONS RELATING TO OFFICE
USES ON THE GROUND FLOOR ALONG ATLANTIC
AVENUE EXTENDING FROM 1-95 TO OCEAN
BOULEVARD; PROVIDING A SAVING CLAUSE, A
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09/05/06
GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 45-06 is on file in the City Clerk's
office. )
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.
The City Attorney read the caption of the ordinance.
Mr. Dorling suggested that the language in the ordinance be changed to
"buildings that have an entry from and/or windows along and/or frontage along Atlantic
Avenue. "
Mr. Levinson stated it is not the building but it is the space.
Brief discussion between staff and the Commission followed.
Mr. Dorling stated he will work on amending the language In the
ordinance for better clarification.
Mr. Fetzer moved to table to a date certain of September 19, 2006 at 7:00
p.m., seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr.
Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said
motion passed with a 4 to 0 vote.
At this point, the Commission moved to Item 11, Comments and
Inquiries on Non-Agenda Items from the City Manager and the Public.
B.A.
City Mana2:er's response to prior public comments and inquiries.
The City Manager had no comments or inquires on prior public comments
and inquiries.
II.B. From the Public.
11.B.1. Steven Gerken. 348 N.E. 1 st Avenue. Delrav Beach. stated a homeowner
on N.E. 1st Avenue and a property owner, who currently demolished the Post Office and
the Publix Supermarket, has not maintained the site. He stated since the buildings were
demolished the property has been left in poor condition and commented that fencing is
encroaching on parts ofN.E. 1st Avenue whereby two cars cannot pass at the same time
in certain sections along 1st Avenue. He stated some ofthe fence is being held down by
sandbags (this is the section that is on the road). He stated the majority ofthe fence is not
screened and therefore suggested that the screening be full height. He stated there is no
maintenance of overgrown grass and weeds outside the fence perimeter in addition to the
poor lighting along the street. Mr. Gerken stated there is improper use at the south end of
the property whereby the City Walk developer and contractor are utilizing this area as a
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09/05/06
staging site (i.e. dumpster that is overflowing and various items laying next to the
dumpster and big deliveries are occurring here). In addition, Mr. Gerken stated the south
end of the site has no sidewalk and you cannot push a stroller or walk a dog.
Mayor Perlman stated the City Manager will research this and have an
answer for Mr. Gerken at the September 19th meeting.
H.B.2. Connie Dennehv. 2717 Florida Boulevard. Delrav Beach #121. stated
she has questions regarding the Budget but unfortunately missed the opportunity this
evening to speak under Public Hearings.
Mayor Perlman informed Ms. Dennehy that she is welcome to attend the
meeting on September 19th (Budget Adoption Hearing) and she will have the opportunity
to speak regarding the Budget.
H.B.3. Annette Annechild. 300 N. Swinton Avenue. Delrav Beach. echoed
comments expressed by Mr. Gerken and stated she almost tripped and fell because there
is no sidewalk at the south end ofthe site (N.E. 1st Avenue). She stated people who have
pets use this road often and noted the conditions of the sidewalk are dangerous. She
stated this road is overflowing with trash, the fence is broken, the area is used for staging,
and reiterated that the sidewalk area is dangerous.
H.B.4. Harriett Zahn. 350 N.E. 7th Avenue. Delrav Beach. stated she will be
back on September 19th to express concern about the Budget.
Commissioner Levinson suggested that Ms. Zahn write or call ahead of
time regarding her concerns. Mayor Perlman suggested email as well.
H.B.5. Shirley Johnson. 701 N.W. 4th Street. Delrav Beach (Chairperson of
Delrav Citizens for Election Reform). commented about a recent article in the Palm
Beach Post sponsored by the Progressive Residents of Delray (P.R.O.D.) and their
referendum to change how the City Commission is elected. Ms. Johnson continued to
read a statement into the record.
Il.B.6. Alice Finst. 707 Place Tavant. Delrav Beach. stated several months ago
she spoke about conditions of demolitions and one of the things she suggested was that
something be put in that requires that the grounds be taken care of, the grass be installed,
and some kind of ground cover be put in. Mrs. Finst stated she does not believe it was
ever acted upon. She commented about a property located on Pineapple Grove Way and
noted The Strand is in a state of holding while they see what the market is doing. She
stated on Federal Highway there are also a few areas of concern. She suggested as a
condition of demolition that the City requires the person to take care of the property after
the demolition and not leave it in the condition that was reported tonight. Mrs. Finst
urged the Commission to get these properties under control so that they are not eyesores.
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09/05/06
At this point, the time being 8:57 p.m., the Commission moved to Item
9.B., of the Regular Agenda.
9.B. AGREEMENTIHORSE DRAWN CARRIAGES. INC.: Consider
approval of an agreement between the City and Horse Drawn Carriages, Inc. to provide
horse and carriage rides along Atlantic Avenue as specified from November 1 through
April 30, 2007.
Robert A. Barcinski, Assistant City Manager, stated this is an agreement
between the City of Delray Beach and Horse Drawn Carriages, Inc. to provide service
along Atlantic Avenue from November I, 2006 through April 30, 2007. The proposed
schedule of service is as follows: November 1, 2006 through December 2, 2006
Wednesday through Saturday from 5:30 p.m. until 11:00 p.m., Sunday from 2:00 p.m.
until 7:00 p.m., weather permitting, from December 6, 2006 through January 7, 2007
daily from 5:30 p.m. until 11 :00 p.m., Sunday from 2:00 p.m. until 7:00 p.m., weather
permitting.
Prior to the vote, Mrs. Montague inquired if it was their option to go
beyond the Delray Affair. Mr. Barcinski stated the City Commission decided the date in
the contract. Mayor Perlman stated the thinking was that it starts to get warm that time of
year and they did not want the horse to be out in the hot weather.
Brief discussion continued between staff and the Commission. It was
noted that the Delray Affair will be held April 13-15, 2007.
Mr. Levinson moved to approve the agreement between the City of Delray
Beach and Horse Drawn Carriages, Inc. to provide horse and carriage rides along Atlantic
Avenue as specified from November 1 through April 30, 2007, seconded by Mr. Fetzer.
Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Levinson - Yes;
Mrs. Montague - Yes; Mayor Perlman - No. Said motion passed with a 3 to 1 vote,
Mayor Perlman dissenting.
9.D. SETTLEMENT OFFER/AYALA V. CITY: Consider a Settlement
Offer in the amount of$72,750.00 in Ayala v. City. Staff recommendation is acceptance.
At this point, the time being 9:00 p.m., Mr. Levinson left the meeting.
The City Attorney stated this is a settlement offer in the amount of
$72,750.00 resulting from a City vehicle which hit the Plaintiff from the rear. She stated
the Plaintiff has alleged injuries to her back as a result of this accident and has had
surgery on her back. Staff recommends approval of the settlement offer.
Mrs. Montague moved to approve the settlement offer in the amount of
$72,750.00 in Ayala v. City of Delray Beach, seconded by Mr. Fetzer. Upon roll call the
Commission voted as follows: Mrs. Montague - Yes; Mayor Perlman - Yes; Mr. Fetzer
- Yes. Said motion passed with a 3 to 0 vote.
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09/05/06
9.E. COMMUNICATIONS AND MARKETING PROPOSAL: Consider
approval of the proposal from Kaye Communications for Communications and Marketing
work for the City and provide direction regarding the term ofthe contract.
1
I
Doug Smith, Assistant City Manager, stated staff obtained additional
proposals following up to the one already obtained for communications and marketing
services. The City received proposals from the following firms: Kaye Communications
(Boca Raton), Brand Guy (Palm Beach), Kaliah Communications (Lake Worth), and
Ambit Marketing (Fort Lauderdale). Staff recommends approval of the proposal from
Kaye Communications. Mr. Smith stated one of the strategies outlined in their proposal
seemed to directly address the Commission's desire for reaching out to the residents more
effectively. Their pricing in the proposal is recommended to be on a retainer basis with
the first three months at $5,500.00 and decreasing to $3,500.00 for a total of $48,000.00
for one year if the Commission elects to go with this company. As an alternative, they
are agreeable to a shorter term agreement of three months that could be extended with an
option to extend that for a longer term. Mr. Smith stated for any of the proposals that the
Commission may wish to entertain, staff can bring back an agreement with one of the
firms or as an alternative ifthey wish to hear presentations from one or more of the firm's
staff can arrange this as well.
Mrs. Montague and Mr. Fetzer stated they would like to have a
presentation at the Special/W orkshop Meeting.
Mayor Perlman stated he does not feel the City needs to be spending the
money on expertise but should put the money into the distribution.
After brief discussion, it was the consensus of the Commission to discuss
this further at the Special/Workshop Meeting of September 12, 2006.
9.F. APPOINTMENT TO THE CODE ENFORCEMENT BOARD:
Appoint one (1) alternate member to the Code Enforcement Board for an unexpired term
ending January 14, 2007. Based upon the rotation system, the appointment will be made
by Commissioner Fetzer (Seat #2).
Mr. Fetzer moved to appoint Stanley Brodka to the Code Enforcement
Board for an unexpired term ending January 14, 2007, seconded by Mrs. Montague.
Upon roll call the Commission voted as follows: Mrs. Montague - Yes; Mayor Perlman
- Yes; Mr. Fetzer - Yes. Said motion passed with a 3 to 0 vote.
9.G. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1)
regular member to the Education Board for an unexpired term ending July 31, 2007.
Based upon the rotation system, the appointment will be made by Commissioner
Montague (Seat #4).
Mrs. Montague stated she would like to defer her appointment to the next
regular meeting of September 19,2006.
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09/05/06
9.H. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD:
Appoint one (1) regular member to the Historic Preservation Board to serve a two (2)
year term ending August 31, 2008. Based upon the rotation system, the appointment will
be made by Commissioner Ellis (Seat #1).
In the absence of Commissioner Ellis, Mayor Perlman stated this
appointment will be deferred as welL
9.1. APPOINTMENT TO THE SITE PLAN REVIEW AND
APPEARANCE BOARD: Appoint one (1) regular member to the Site Plan Review and
Appearance Board to serve a two (2) year term ending August 31, 2008. Based upon the
rotation system, the appointment will be made by Mayor Perlman (Seat #5).
Mayor Perlman stated he would like to appoint Frances Bennett as a
regular member to the Site Plan Review and Appearance Board to serve a two (2) year
term ending August 31,2008. Mr. Fetzer so moved, seconded by Mrs. Montague. Upon
roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Fetzer - Yes; Mrs.
Montague - Yes. Said motion passed with a 3 to 0 vote.
9.J. THIS ITEM HAS BEEN DEFERRED TO THE REGULAR
MEETING OF SEPTEMBER 19. 2006.
9.K. THIS ITEM HAS BEEN DEFERRED TO THE REGULAR
MEETING OF SEPTEMBER 19. 2006.
At this point, the time being 9:22 p.m., the Commission moved to Item
12, First Readings.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 51-06: An ordinance amending Chapter 52, "Water"
of the City Code of Ordinances by amending Section 52.34, "Water Rates", to provide
for increased residential, nonresidential, and irrigation rates for FY 2007. If passed, a
public hearing will be scheduled for September 19,2006.
The caption of Ordinance No. 51-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 52, "WATER", OF THE
CODE OF ORDINANCES OF THE CITY OF
DELRA Y BEACH, BY AMENDING SECTION 52.34,
"WATER RATES", SUBSECTION 52.34(B), TO
PROVIDE FOR INCREASED RESIDENTIAL,
NONRESIDENTIAL AND IRRIGATION RATES FOR
FY 2007; PROVIDING A GENERAL REPEALER
- 25-
09/05/06
CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
'1
(The official copy of Ordinance No. 51-06 is on file in the City Clerk's
office.)
The City Attorney read the caption ofthe ordinance.
Mr. Fetzer moved to approve Ordinance No. 51-06 on FIRST Reading,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mr. Fetzer - Yes; Mrs. Montague - Yes. Said motion passed with a 3 to
o vote.
12.B. ORDINANCE NO. 52-06: An ordinance amending Chapter 53,
"Sanitary Sewers", of the City Code of Ordinances by amending Section 53.130, "User
Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", to provide for
increased sewer rates. If passed, a public hearing will be scheduled for September 19,
2006.
The caption of Ordinance No. 52-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 53, "SANITARY SEWERS",
OF THE CODE OF ORDINANCES OF THE CITY OF
DELRA Y BEACH, BY AMENDING SECTION
53.130, "USER CHARGES; WHOLESALE SEWER
RATES; CALCULATION OF SEWER
SURCHARGE", SUBSECTION 53. 130(D), TO
PROVIDE FOR INCREASED RESIDENTIAL AND
NONRESIDENTIAUCOMMERCIAL RATES FOR
FY 2007; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 52-06 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance.
Mr. Fetzer moved to approve Ordinance No. 52-06 on FIRST Reading,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr.
Fetzer - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion passed with a 3
to 0 vote.
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09/05/06
12.C. ORDINANCE NO. 50-06: An ordinance amending Chapter 51,
"Garbage and Trash", of the City Code of Ordinances by amending Section 51.70,
"Regular Charges Levied", to provide for increasing contracted garbage, trash, recycling,
vegetation, and bulk waste collection service rates by 3.0% for FY 2007. If passed, a
public hearing will be scheduled for September 19, 2006.
The caption of Ordinance No. 50-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 51, "GARBAGE AND
TRASH", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRA Y BEACH, BY AMENDING
SECTION 51.70, "REGULAR CHARGES LEVIED",
TO PROVIDE FOR INCREASED RESIDENTIAL
AND COMMERCIAL COLLECTION SERVICE
RATES FOR FY 2007; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 50-06 is on file in the City Clerk's
office. )
The City Attorney read the caption ofthe ordinance.
Mrs. Montague moved to approve Ordinance No. 50-06 on FIRST
Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr.
Fetzer - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion passed with a 3
to 0 vote.
12.D. THIS ITEM HAS BEEN MOVED TO THE PUBLIC HEARINGS
PORTION OF THE AGENDA AS ITEM 10.E.
12.E. ORDINANCE NO. 47-06: Amendment to the Land Development
Regulations to the Central Business District Section 4.4.13(H)(6) to allow residential
devel",ments on the ground floor along the west side of Pineapple Grove Way, between
NE 3r Street and NE 4th Street; and Section 4.4.13(F)(3) to reduce the 3rd floor setback
requirements for single use townhouse structures along Pineapple Grove Way. If passed,
a public hearing will be scheduled for September 19,2006.
The caption of Ordinance No. 47-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SECTION
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09/05/06
4.4. 13 (F)(3), "BUILDING FRONTAGE AND
FRONT SETBACKS", AND SECTION 4.4. 13 (H),
"SPECIAL REGULATIONS", IN ORDER TO
ELIMINATE THE NONRESIDENTIAL
REQUIREMENTS FOR FIRST FLOORS
BETWEEN NE 3RD STREET AND NE 4TH STREET
ON THE WEST SIDE OF NW 2ND AVENUE AND
TO ADJUST SETBACKS; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
"1
f
(The official copy of Ordinance No. 47-06 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 there are two
changes; one allowing residential uses along the ground floor along Pineapple Grove and
the other relating to a setback which is currently required by the Design Guidelines.
Several Boards did consider this ordinance and many recommended approval including
the Planning and Zoning Board.
Mr. Fetzer moved to approve Ordinance No. 47-06 on FIRST Reading,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs.
Montague - Yes; Mayor Perlman - Yes; Mr. Fetzer - Yes. Said motion passed with a 3
to 0 vote.
12.F. ORDINANCE NO. 37-06: City initiated amendment to Land
Development Regulations (LDR) repealing Section 4.6.19, "Tree Protection" and Section
2.4.6(E), "Tree Removal Permit" and enacting a new Section 4.6.19, "Tree Ordinance",
to provide for the regulation, pruning and preservation of trees including exceptional
specimen trees; establishing land clearing and tree removal regulations and permit fees as
well as the establishment of a tree trust fund; and amending Appendix "A",
"Definitions", to provide for definitions for various terms related to trees. If passed, a
public hearing will be scheduled for September 19, 2006.
The caption of Ordinance No. 37-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
REPEALING SECTION 4.6.19, "TREE
PROTECTION" AND SECTION 2.4.6 (E) "TREE
REMOVAL PERMIT" OF THE LAND
DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES OF THE CITY OF DELRA Y
BEACH AND ENACTING A NEW SECTION 4.6.19,
"TREE ORDINANCE" TO PROVIDE FOR THE
- 28-
09/05/06
REGULATION, PRUNING, AND PRESERVATION
OF TREES, INCLUDING HISTORIC TREES, AND
ESTABLISHING LAND CLEARING AND TREE
REMOVAL REGULATIONS AND PERMIT FEES AS
WELL AS THE ESTABLISHMENT OF A TREE
TRUST FUND; AMENDING APPENDIX "A"
DEFINITIONS, TO PROVIDE DEFINITIONS FOR
VARIOUS TERMS RELATED TO TREES;
PROVIDING A SAVINGS CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 37-06 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
The City Manager stated he raised concerns about the definition of
"exceptional specimen trees".
Mrs. Montague moved to approve Ordinance No. 37-06 on FIRST
Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows:
Mayor Perlman - Yes; Mr. Fetzer - Yes; Mrs. Montague - Yes. Said motion passed with
a 3 to 0 vote.
12.G. ORDINANCE NO. 48-06: Amendment to the Land Development
Regulations Section 4.6.9(C)(3) to establish parking requirements for Personal Service
Providers and modifying Appendix "A" "Definitions" to provide a definition for
"Personal Service Providers". If passed, a public hearing will be scheduled for
September 19, 2006.
The caption of Ordinance No. 48-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF CODE OF ORDINANCES, BY
AMENDING SECTION 4.6.9(C), "NUMBER OF
PARKING SPACES REQUIRED", SUBSECTION
4.6.9(C)(3), "REQUIREMENTS FOR COMMERCIAL
USES"; AMENDING APPENDIX A, "DEFINITIONS",
TO PROVIDE FOR A DEFINITION AND PARKING
REGULATIONS REGARDING PERSONAL SERVICE
PROVIDERS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 48-06 is on file in the City Clerk's
- 29-
09/05/06
office.)
The City Attorney read the caption ofthe ordinance.
']
Scott Aronson, Parking Management Specialist, stated the City initiated
text amendment is to establish parking requirements for "Personal Service Providers" and
definitions therefore. Personal Service Providers will be beauty salons, spas, etc.
providing manicuring, pedicures, facials, massages, etc. For those facilities in excess of
5,000 square feet, staff has realized that they need more parking than just the 4.5 spaces
for commercial. After comprehensive research, staff determined that the 4.5 plus Y2
space per service provider kiosk within that large commercial operation would be
appropriate.
Mrs. Montague moved to approve Ordinance No. 48-06 on FIRST
Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr.
Fetzer - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion passed with a 3
to 0 vote.
12.H. ORDINANCE NO. 49-06: Amendment to the Land Development
Regulations Section 2.4.7(E) "Appeals" in order to clarify the appeals process. If passed,
a public hearing will be scheduled for September 19, 2006.
The caption of Ordinance No. 49-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRA Y
BEACH, FLORIDA, BY AMENDING SECTION
2.4.7(E), "APPEALS" TO CLARIFY THE
DEFINITION OF "APPEALS"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING
CLAUSE AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 49-06 is on file in the City Clerk's
office. )
The City Attorney read the caption ofthe ordinance.
Mrs. Montague moved to approve Ordinance No. 49-06 on FIRST
Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr.
Fetzer - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion passed with a 3
to 0 vote.
- 30-
09/05/06
12.1. ORDINANCE NO. 44-06: Annexation and associated small-scale Future
Land Use Map amendment from the County LR-l (Low Residential 1 dulac) to City LD
(Low Density Residential 0-5 dulac) and rezoning from County AR (Agricultural
Residential) to City R-l-AA (Single Family Residential) for a 0.72 acre property located
at 2200 Lake Drive. If passed, a public hearing will be scheduled for September 19,
2006.
The caption of Ordinance No. 44-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRA Y BEACH, A PARCEL OF LAND LOCATED AT THE
NORTHWEST CORNER OF LAKE DRIVE AND NW 22ND
STREET, AS MORE PARTICULARLY DESCRIBED HEREIN,
WHICH LAND IS CONTIGUOUS TO THE EXISTING
MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF
THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN
OFFICIAL LAND USE DESIGNATION OF LD (LOW DENSITY
RESIDENTIAL 0-5 DU/ AC) FOR SAID LAND TO THE FUTURE
LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE
PLAN; ELECTING TO PROCEED UNDER THE SINGLE
HEARING ADOPTION PROCESS FOR SMALL SCALE LAND
USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING
THEREOF TO R-1-AA (SINGLE FAMILY RESIDENTIAL);
PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 44-06 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 single
family lot in the north part of the City. He stated it was located in the City of Boynton
Beach and has been de-annexed and is now seeking annexation into the City of Delray
Beach with a similar zoning and land use as the surrounding subdivision.
Mr. Fetzer moved to approve Ordinance No. 44-06 on FIRST Reading,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs.
Montague - Yes; Mayor Perlman - Yes; Mr. Fetzer - Yes. Said motion passed with a 3
to 0 vote.
At this point, the Commission moved to Item 13, Comments and
Inquiries on Non-Agenda Items.
- 31 -
09/05/06
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
']
13.A.
City Mana2:er
The City Manager apologized for his evaluation and the City Attorney's
evaluation being placed on the September 5th Agenda. He stated there was a
miscommunication and he will place both evaluations on September 19th Agenda.
Secondly, he and Mr. Barcinski will be attending the City Manager's
convention. The City Manager stated they are leaving this weekend and will be back
Wednesday, September 13th. Therefore, Doug Smith, Assistant City Manager, will be in
charge while they are out. The City Manager stated Robert Barcinski will be recognized
by ICMA for thirty years of service.
Mayor Perlman suggested that something be done for Mr. Barcinski for
his thirty years of service to local government.
13.B. City Attornev
The City Attorney had no comments or inquiries on non-agenda items.
13.C.
13.C.1.
City Commission
Mr. Fetzer
Mr. Fetzer commented about the discussion at the September 19th meeting
regarding the final Public Hearing for the Budget. Mr. Fetzer stated since the
Commission will have one more opportunity to 'reduce the millage rate further he
suggested that the Commission have further discussion at the Workshop meeting
regarding possibly reducing millage rate. In addition, Mr. Fetzer commented about the
video streaming as an alternative to live broadcast and suggested that this be included as
part of the Budget discussion as well.
13.C.2.
Mrs. Monta2:ue
Mrs. Montague had no comments or inquiries on non-agenda items.
13.C.3.
Mavor Perlman
Mayor Perlman stated he attended the Labor Day Challenge yesterday and
the Police Chief came in third out of three Chiefs. He stated they won the stand up
comedy competition, the basketball competition, and the relay race. Mayor Perlman
stated it was a great event and they raised additional money for Police charities.
Secondly, Mayor Perlman commented about the letter from the Wayside
House and stated he has been holding off responding to them because he would like to
- 32-
09/05/06
know what the consensus of the Commission is on this issue. Mayor Perlman stated the
Committee did not recommend funding and he suggested that this be discussed at the
September 12th Workshop meeting.
There being no further business, Mayor Perlman declared the meeting
adjourned at 9:38 p.m.
\~ - ~ S\). ~,~~
City Clerk
ATTEST:
8~o~ ~
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes ofthe Regular City Commission Meeting held
on September 5, 2006, which Minutes were formally approved and adopted by the City
Commission on October 3. 2006
~S). ~~
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.
- 33 -
09/05/06
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORIDA
)
LIVIA LANDRY AND HAYDEN BURRUS
Appellant(s ),
vs.
SHANNON DAWSON,
Appellee.
,
ORDER OF THE ~ITY COMMISSION . ... ... . ..
OF THE CITY OF DELRA Y BEACH, FLORIDA FOR 527N. SWINTON AVE.
1. This appeal of an approval of a certificate of appropiiatene'ss for
construction of a new two story residence for the property at 527 N. Swinton Avenue
came befOre the City ComlTlis$ion <?n ~ptember 5,.2006.
2. The Appellants, Appellee and City staff presented docurn~ntaryevid~rice
and testimony to the City Commission pertaining to the appeal of the ce.ttifi~teof
appropriateness for 527 N. Swinton Avenue. All of the evidence is a part of the record
in this case. Required findings are made in accordance with Subsections I, nand IU.
I. LOR REQUIREMENTS
'a. Pursuant to LDRSectlon 2.4.6(H)(5), the Board must make a finding that any
Certificate of Appropriateness which is to be approved is consistent with Historic
Preservation purposes pursuant to Objective A-4 of the Future Land UseEleJ1lent'Ofthe
Comprehensive Plan and specifically with the provisions of LOR Section4.5~1.
Future Land Use Element Objective A-4: The redevelopment of land and buildings shall
provide for the preservation of historic resources. The objective shall be. met through
continued adherence to the City's Historic Preservation Ordinance and the. following
policies:
Policv A-4.1: Prior to approval or recommending approval of any land use or
development application for property located within a historic district or designated. as a
historic site, the Historic Preservation Board must make a finding that the requested
action is consistent with the provisions of Section 4.5.1 of the Land Development
RegUlations relating to historic sites and districts and the "Delray Beach Historic
Preservation Design Guidelines".
r+'cm q.A.
']
b. LOR Section 4.5.1 (E)(4), 4.5.1 (E)(7) and 4.5.1 (E)(8), "Development
Standards" provides guidelines 1n evaluating Certificates of AjJpropriatenessfor the
alteration or addition of exterior architectural features. The guidelines are as follows:
{E}(4} A historic site, or building, structure, site improvement, or appurtenance within
a historic district shall be altered, restored, preserved, repaired, relocated,
demolished, or otherwise changed ..'inaccordance with the' 'Secretary of
Interior's Standards for Rehabilitation, as amended from time to time.
The construction of new buildings or structures, or the relocation; alteration,
.reconstruction, or major repair or maintenance of a non-contributingbullding or
structure within a designated historic district shall meet the same compatibility
standards as, any material. change in the exterior appearance .of an existing
non-contributing building. Any. material change in the exterior appearance if
any existing non-contributing building, structure, or appurtenance in a
designated historic district shall be generally compatible W!th the form,
proportion, mass, configuration,building material, texture, color, and location
of histOric. buildings, s~ctlJres, or sites adjoining or reasonably. approximate to
the non-contributing building, structure, or site.
(E}(7)
(E)(S)
A11.1mprov~mel'1ttobuildings, structures, and ..appUr1e9an~:wlthin a
designated historic'distriCt shall be'visually compatible. Visuali'60rfipatibility
can include but is not limited to: (a) height, (b) front faQ8d~ PrpP9rtion, .(c)
proportion ofopenings'(YiindOws and doors}, (d) rhythm,of spIl9~Jti;'y()ids:.
fronffacades, (e) rhythmo1 buildings on streets, {f} rhythm Qfentrahce ahd/or. .
porch projections, (9) consistency in relation to materials, textUre,. c.9JQf, (h)
roof shapes, (i) walls of continuity, 0} scale of a building, and (k) direCtional
expression of a front elevation.
Have the "LOR's been met?
Yes
No
3
1
III. DELRAY BEACH HISTORIC PRESERVATION DESIGN GUIDELINES:
.,
~
The Oelray Beach Historic Preservation Design Guidelines recommend the
following with respect to new construction:
. The relationship of new construction adjacent to significant historic'resources can
either enhance or detract from the historic setting of the district.
2
· All new construction. should .compliment the historic architecture of the district.
New construction should not create a false sense of historical development by
utilizing conjectural features of stylistic elements taken from other buildings.
· For buildings where additional height is allowed, stepping back the upper stories
may help to minimize the difference as viewed from the street
)
· The height of any new building. should be similar to those of other buildings along
the streetscape.
· Materials should be compatible in qu.alityj color, texture, finish and dimension to
those commonly found in the historic district.
· The character of the massing should be compatible with the surrounding
buildings.
Have the overall obJec~lves of the Delray Beach Historic Preservation
Design Guidelines been met?
Yes 3 No 1
IV~. tHESEC~ETARY OF THE
REHAB I LIT A TION:
, . ',' -.,.'.-
iNTERIOR'SSTANOARDS
FOR
The. Secretary of the ."tertor's Standards forRehabUitationrecomrnend:
E~ehproperty shall be recognized a~ a physi~I' record of itstime,pface, and use.
Changes that create a faisesense of historical development. such as adding conjectural
features or architectural e.lements from other buildings, shall not' be.undertake.n.
(Standard #3) .
New additions, exterior alterations, or related new construction shall not destroy historic
materials that characterize the property. The new work shall be differentiated frolTl the
old and shall be compatible with the massing, size, scale, and architectural features to
protect the historic integrity of the property and its environment. (Standard #9)
New additions and adjacent or .related new construction shall be undertaken in such a
manner that if removed in the future. the essential form and integrity of . the historic
property and its environment would be unimpaired. (Standard #10)
Have the overall objectives of the Secretary of the Interior's
Standards for Rehabilitation been met?
Yes 3 No 1 )
3
3.
The City Commission applied the LOR requirements in existence at the
'1
time the original site plan was submitted.
4. 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 supporting the~'findings.
5. Based on.the entire record before it. the City Commission ,approves X
denies _ the certificate of appropriateness thereby denying the appeal and
upholding the decision of the Historic Preservation Board subject to conditions 1, 2, 6
and' 8 that were contained on Page 2 of the Staff Report and as attached hereto as
Exhibit "A", which is incorporated as if fully set forth herein. This Order is adopted this
5th day of September, 2006. by a vote of 4
ATTEST:
~A~a~~'~~~
Chevelle Nubin
City Clerk
4
Exhibit · A.
)
1. That the plans indicate the location of the pool equipment and AC units;
2. That briCk pavers be installed an the driveway from the sidewalk to the start of
the concrete wheel strips as well as the walkway to the house and that the
concrete wheel strips are approved by the Engineering and Landscaping
Departments; .
6. That the oval-shaped windows be replaced with rectangular or square windOws;
8. That all landscape technical items be complied with, as outlined in the Staff
Report.
;
\
)
5
FORM 88 'MEMORANDUM OF VOTING CONFLICT FOR.
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',., . .INSTRUCTlONS.FOR CQMPtJANCE.WIT"'.S:ECTIQN.112~3143, Flj)RtDA~srA~~~.:":;..
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, "person ~eloctiveor appointive county, rhun(~OtolMr:lociifpubltc'OfficieMl)ST ABSTAIN frO(l1~till9 911 ~~mea~re~ "1
'. fJS to his orher specialprivatega(!'-qrJoss.. t:a~.~~(~:~l'lt~~rOfficeral$o'Is'ptOhiblted fromf~rigW~:oira'~ ' I
'-"~ which nris to the special gain odoSsOr a PriOdpai (other .than 8 -goVernment agency) by whom he or She tstt;jtak1e<i ~~ttte oJ ~
~~~~C?':s~~~.ot ~ ~rat~ ~~!:by ~.htl.9r.~~J',eta~);to ~eSpeci~I!,p.tiya,0:"g8lq;()~k)~i'~f~~teJafiVe:Or .
.6.~'~ ~'gati1~'~ Of a bU$ineSs'aS$~'(e~ e.oti\mls~ ofC9nlrnunity redevelopment agenCl~ underSec. 1G3;3$or .
1~.357; ES~; acld.offioers ot inde~ndeOt~a(~(f~'~I~e(f0i1:11tm~cte~'ooe"'Vote basis are i'iofPtbhla1tEJ<firoffiX/oiing'lll'that
capac;:ity.. . .... . . . '
.FOr pu(pO$es .oflhlS law.. a -relative. lndudes only the officer's fa~, mOther, son, daughter. husband, wife~ brother. sister; fatti~~.
mother-tn-.law. son-ifl.,Iaw. and daughter..Jn-law. A -OOSlneSs a~ate. PlOOns. any person or entity engaged In or cariytng.oo. a bc.lsiness
, enterprise with the officer as a partner. joint venturer. C90Wnef of properly,or corPorate shareholder (where the shares of ftte.~tion
'are not liSted on at.ynaoOnal or regionatstock exchange). .' .. , .
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, ELECTED 9FFICERS:
In addition to abstaining from voting In the situations described above. you must disclose the conflict:
PRIOR to THE VOTE BEING TAKEN by publicly stating to the 8SSCmlbIy the nature of your interest In.~ measure on whlch you
M~~~~. J
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and fiflflg this form with the person responsible forr~ngthe mln-
utes of ~ meeting. who should, Incorporate ~. form In ~ minutes.
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. APPOINTED,OFFICERS:
,Although you must abstain from voti(lg in the situations described dbove. you ~ may participate", .these maqEl~, Jiow~er. ~ . . .
must.~;the.n3tUteoflhe alAflia before makitlg. any attempt to 1OfI00i10e the.deasiori. whether <XaIly Or it! writing aodWMther.inooe
hyyou~at.YPur,ditectiOn."; , '. ,. .
ltilfliENo..fci MAKEANY'ATTEMPT TO iNFLUeNCE tHe ~EClSlcitiPmOR TO THE MEETING AT WHICHTHEVOTE'WlLl BE
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IQ(EN:
.. You must complete and file this form (before making any attempt to Influence the decision) with the person responSible fOr ieooidilSfthe.
minutes of the meeti(lg. who wlU Incorporate the 'ann In the minutes. (Continued on other side)
ce FORM 88 - EFF. 112000
Item 9.C
PAGE 1
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. .IFYOtlM.AJg;,Nq AmMPTTIllt'JA.UENCE:n;iEoECtSiOKExCePT BY. DISCUSSION AT THE MEETING:
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· You ~.~l$c(Qse. ~Uyttle nature of)YUI:~ in the mea$C,lre.befOre participating. ... .
. You '~:~t~ ~ form arid:~:~~~.~~S'~~~':~~ OCCUr.; with the. ~~'resporiSibtef6r.r~~'tM'~~~'C;lif6e. .... .
.~ who must.~te lhe.forri1in.lfl&'~~A,~)Ot1he form must be provided lmme9lately kttMbU\er.rnenlberS.Oc'u:ae.
. 'agency, and thefoml.mustJ)e readpUb(iQly,atlhe next ~ ~the'form ~ filed.. .. . .' .
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DISCLOSU~Ig,.O.f. LOCA~.O.FfICeR'S.INTEREST
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I, Jeffrey Perlaan . hereby discloSe that on
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; (~)A~.ceme.<<W1l1com&befGmmyagencyWh~'.(~ 'One}. ,. .. . '.
...:-.. ~ 10 my .special private gain or loss;
· ~;=~:~:Z~~~~:~onna .... .:'
. . '. w=.,.~.:.to:.thespecialgaln-orloSsof.
WI1OQ111i1q retailled: or
September 5,
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'No11b'E: tJNOI;R"PROVlSiONS '()F f~Of:tJgA;~r~turES~~~1~317.AfAILY~ TO MAKE.AN~tREQVIRE9>mISQ()SURE. .., .
cdN'sTifGte~fGROuNOs FOR ANbMAY BE pHNisHEO BY ON.E OR MORE OF THE FOLLOWING:-:tMPEA'CHMENT,."
'REMOV~ OR SUS~ENSIO~ FR~. ~ ?Fi=ICi: OR EM:l?Yt.1ENT,.D~~OTION. RI;DVCTlQN IN SAlARY,;R~~~Pi.'()~!o ~~
CML PENALTY NOT TO EXCEEa~10;OOO. . .... .. :.J
.CE~~,;.EFF.1~
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