11-07-06 Minutes Reg
NOVEMBER 7.2006
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, November 7, 2006.
1.
Roll call showed:
Present - Commissioner Rita Ellis
Commissioner Fred Fetzer
Commissioner Jon Levinson
Commissioner Brenda Montague
Mayor Jeff Perlman
Absent - None
Also present were - David T. Harden, City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, City Clerk
At this point, Mayor Perlman stated he would like to observe a moment of
silence for Rodney Bernard Houston and Anthony Harris (City Employees) who passed
away.
2.
3.
gIven.
The opening prayer was delivered by Mayor Perlman.
The Pledge of Allegiance to the flag of the United States of America was
4.
AGENDA APPROVAL.
Mayor Perlman stated there is revised information for Item 8.Q.I0.,
Contract Award/Advanced Data Processine. Inc.
He noted that there is additional information for Item 9.H.,
Aereement/Head Start.
Mrs. Ellis moved to approve the Agenda as amended, seconded by Mr.
Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Levinson
- Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion
passed with a 5 to 0 vote.
5.
APPROVAL OF MINUTES:
Mrs. Montague moved to approve the Minutes of the Regular Meeting of
October 17, 2006, seconded by Mr. Fetzer. Upon roll call the Commission voted as
11/07/06
follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis -
Yes; Mr. Fetzer - Yes. Said motion passed with a 5 to 0 vote.
1
J
At this point, the time being 6:05 p.m., the Commission moved to Item
7.A., Presentations.
7. PRESENTATIONS:
7.A. City of Delrav Beach Residents' Academv Certificates - Janet Meeks
Janet Meeks, Education Co~rdinator, stated this is the 10th graduating
class (230 graduates) total. The program has been so successful they have recently spun
off a Student Academy. She stated this will be an ongoing program on an annual basis in
the fall. For the first time, Mrs. Meeks stated there will be an Alumni Event tomorrow
evening. Janet Meeks and Mayor Perlman presented certificates to the following
graduates of the Residents Academy:
Tom Asiala
Lauro Boska
Helena Antunes-Boska
Gerri Bauer
Catherine J. DeMatto
Gene DePont
Lisa Dickerson
Inez Fleming
Walt Gerhard
Todd L'Herrou
Karen McEnaney
Robin Olson
Charlotte O'Sullivan
Tony Samra
Liz Samra
Sue Tauriello
Linda Lane
Tam Knight
Lynn Klein
Scherazade Alvarez-Hayward
Scott Hayward
David Hawke
Shirley Goddard
Tina Ginn
I
I
l
~
J
Ms. Meeks thanked Mrs. Butler for her support and assistance.
At this point, two individuals came forward and gave a few brief
comments regarding the program.
7.B. Delrav Beach Javcees Fishinl!: Tournament/Delrav Citizens for Delrav
Police - Officer Jeffery Messer and Chris Reich
Jeffery Messer commented about the Kids and Cops Program and stated
the Delray Beach Jaycees Fishing Tournament raises money for the Holiday Toy Drive.
He stated the fishing tournament started about twelve (12) years ago with Mr. Mark
Gerretson (a lifetime resident of Delray Beach) which raised approximately $2,000-
$4,000 every year. This money went towards what initially was going to be a toy drive
and raised enough money that they went from a toy drive to a scholarship program. Mr.
Messer stated the Delray Citizens for Delray Police fund a literacy program, field trips,
equipment for karate lessons at the 505 Teen Center for the After School Care Programs.
- 2 -
11/07/06
Two years ago Mr. Gerretson died suddenly. He stated the past two years the Committee
has raised approximately $25,000.00.
Perry DonFrancisco, speaking on behalf of Delray Citizens for Delray
Police, stated the Delray Beach Holiday Toy Drive began in 1990 with the Community
Child Care Center and it evolved into a situation where they encompassed all the After
School Care Programs throughout the City of Delray Beach and ultimately it ran into
thousands of toys. He recognized Jennifer Buce and Jeff Messer who have taken this toy
drive to another level. Mr. DonFrancisco stated throughout the years one of the main
stays of funding for the toy drive was the fishing tournament. He commended everyone
who has worked with the Kids and Cops Program.
Chris Reich stated he has two checks totaling $9,355.00.
Mr. Messer presented plaques to Noah with Merrill Lynch (Corporate
Sponsor) which reads "In appreciation for your dedication and commitment to the Mark
Gerretson Memorial Fishing Tournament of 2006" and Pat Gerretson who gave a few
brief comments for the Gerretson Family.
7.C. Carolyn Gholston - Multi-Cultural Festival
Carolyn Gholston stated this is the 9th year for the Multi-Cultural Festival
and she thanked the City Commission for their support.
Paula Phillips (Carolyn Gholston's daughter), thanked Major Hartman,
Lieutenant Sims, Lieutenant Coleman, Detective Scott, and Chief Schroeder. In addition,
she recognized and commended the Multi-Cultural Board for the festival.
8.
CONSENT AGENDA: City Manager Recommends Approval.
8.A. ACCEPTANCE OF RIGHT-OF-WAY DEED/120 NORTH
SWINTON AVENUE: Approve and accept a right-of-way deed associated with the
development of 120 North Swinton Avenue, located on the west side of North Swinton
Avenue between N.E. 1st Street and N.E. 2nd Street, within the OSSHAD (Old School
Square Historic Arts District).
8.B. RESOLUTION NO. 64-06 (TAX EXEMPTION REQUEST FOR
ELIGIBLE IMPROVEMENTS/118~ SOUTHEAST 7TH AVENUE): Approve a tax
exemption request for eligible improvements to 118Y2 Southeast 7th Avenue, located in
the Marina Historic District; and approve Resolution No. 64-06.
The caption of Resolution No. 64-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, GRANTING
AN AD VALOREM TAX EXEMPTION TO STEPHEN
- 3 -
11/07/06
R. ECHOLS FOR THE HISTORIC REHAB ILIA TION OF
THE PROPERTY LOCATED AT 118 Y2 SE 7TH
AVENUE, AS FURTHER DESCRIBED HEREIN;
DETERMINING THAT THE COMPLETED
IMPROVEMENTS ARE CONSISTENT WITH LAND
DEVELOPMENT REGULATION (LDR) SECTION
4.5.1(M)(5); PROVIDING AN EFFECTIVE DATE.
1
,
j
(The official copy of Resolution No. 64-06 is on file in the City Clerk's
office. )
8.C. RESOLUTION NO. 71-06: Approve Resolution No. 71-06 assessing
costs for abatement action required to remove nuisances on ten (10) properties throughout
the City.
The caption of Resolution No. 71-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, PURSUANT
TO CHAPTER 100 OF THE CODE OF ORDINANCES
OF THE CITY OF DELRA Y BEACH, ASSESSING
COSTS FOR ABATING NUISANCES UPON CERTAIN
LAND(S) LOCATED WITHIN THE CITY OF DELRAY
BEACH AND PROVIDING THAT A NOTICE OF LIEN
SHALL ACCOMPANY THE NOTICE OF
ASSESSMENT; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH
ABATEMENT OF NUISANCES; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND
INTEREST ON ASSESSMENTS; PROVIDING FOR
THE RECORDING OF THIS RESOLUTION, AND
DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS.
(The official copy of Resolution No. 71-06 is on file in the City Clerk's
office. )
8.D. CHANGE ORDER NO. 1 (CONTRACT ADDITION)/CHAZ
EQUIPMENT COMPANY. INC.: Approve Change Order No. 1 (Contract Addition)
in the amount of $60,550.00 to Chaz Equipment Company, Inc. for modifications to the
sodded swale; and additional modifications to the asphalt trench restoration, as requested
by Florida Department of Transportation (FDOT), for the A-I-A Water Main
Improvements Project. Funding is available from 442-5178-536-65.27 (Water/Sewer
Renewal and Replacement Fund/State Road AlA, E. AtlanticlPelican).
-4-
11/07/06
8.E. CHANGE ORDER NO. 3 (CONTRACT ADDITION)/CHAZ
EQUIPMENT COMPANY. INC.: Approve Change Order No. 3 (Contract Addition)
in the amount of $58,110.00 to Chaz Equipment Company, Inc. for an additional water
main extension and additional work required for the Old School Square utility relocates
associated with the S.E./N.E. 1st Street One Way Project. Funding is available from 442-
5178-536-65.88 (Water/Sewer Renewal & Replacement Fund/Other
Improvements/S.E./N.E. 1st Street One Way Pair) and 442-5178-536-63.29 (Water/Sewer
Renewal & Replacement Fund/Improvements Other/OSS Sanitary Sewer).
8.F. CHANGE ORDER NO. 1 (CONTRACT CLOSEOUT)/FINAL
PAYMENT/JOHNSON-DAVIS. INC.: Approve Change Order No. IlFinal (Contract
Closeout) in the amount of a $68,274.95 decrease and final payment in the amount of
$106,328.05 to Johnson-Davis, Inc. for the completion of the Lake Worth Drainage
District (LWDD) L-33 Canal Box Culvert Extension Project. Funding is available from
380-4150-572-63.23 (2004 G.O. :BondlNeighborhood Parks).
8.G. CHANGE ORDER NO. 1 (CONTRACT CLOSEOUT)/FINAL
PAYMENTIROSSO PAVING & DRAINAGE/INTRACOASTAL PARK
PROJECT: Approve Change Order No. IlFinal (Contract Closeout) in the amount of
$17,462.12 and final payment in the amount of $28,311.06 to Rosso Paving & Drainage,
Inc. for completion of the US 1 Turn Lane at Intracoastal Park Project. Funding is
available from 334-4174-572-68.10 (General Construction Fund/Intracoastal Park US 1
Turn Lane).
8.H. SERVICE AUTHORIZATION 14.2/CURRIE SOWARDS AGillLA
ARCHITECTS: Approve Service Authorization No. 14.2 in the amount of $17,105.00
to Currie Sowards Aguila Architects for additional services required for the repair of the
existing sea wall associated with the Intracoastal Park, Florida Inland Navigational
District (F.I.N.D.) Project. Funding is available from 334-4174-572-63.90 (General
Construction Fund/Other Improvements).
8.1. SERVICE AUTHORIZATION NO. 3.1 IKIMLEY-HORN: Approve
Service Authorization No. 3.1 in the amount of $358,193.00 to Kimley-Horn and
Associates, Inc. for professional consulting services required for the proposed
redevelopment of the Miller Park playing fields and appurtenances. Funding is available
from 380-4150-572-63.23 (Parks & Recreation Bond FundlNeighborhood Parks).
8.J. SANDOWAY PARKING LOT/COMMUNITY CHILD CARE
CENTER FUND RAISER: Approve a request from the Community Child Care Center
for the exclusive use of the Sandoway Parking Lot on February 21,2007 to accommodate
their annual "Foundation of Friends Luncheon" and waive the enforcement of parking
meter fees for that day.
- 5 -
11/07/06
8.1(. HOUSING REHABILITATION GRANT/CONTRACT AWARD:
Approve a Housing Rehabilitation grant/contract award through the Community
Development Division in the amount of $34,125.00 to M & A Builders, LLC. (609 S.W.
8th Avenue). Funding is available from 118-1963-554-49.19 (Community Development
FundIHousing Rehabilitation).
8.L. RESOLUTION NO. 70-06/FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT)/LANDSCAPE IMPROVEMENTS: Approve a
Memorandum of Agreement (MOA) with the Florida Department of Transportation
(FDOT) for landscape improvements on A-I-A between Linton Boulevard and George
Bush Boulevard; and approve Resolution No. 70-06.
The caption of Resolution No. 70-06 is as follows:
A RESOLUTION OF THE CITY COMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, TO ENTER
INTO A MAINTENANCE MEMORANDUM OF
AGREEMENT WITH THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION FOR
LANDSCAPE ENHANCEMENTS ON A-I-A BETWEEN
LINTON BOULEVARD AND GEORGE BUSH
BOULEVARD, IN CONNECTION WITH OTHER
ROADWAY IMPROVEMENTS.
(The official copy of Resolution No. 70-06 is on file in the City Clerk's
office.)
8.M. RELEASE AND TERMINATION OF EASEMENT/CRAIGE
FURNITURE COMPANY: Approve a Release and Termination of Easement with
Craige Furniture Company for the public ingress, egress and parking, dated December
12, 1995.
8.N. SPECIAL EVENT REQUESTIHOLIDAY PAGEANT PARADE:
Approve and endorse the Annual Holiday Pageant Parade co-sponsored by the Parks and
Recreation Department and the Chamber of Commerce to be held on December 9, 2006
beginning at approximately 6:00 p.m., granting a temporary use permit per LDR Section
2.4.6(F) for the closure and use of Atlantic Avenue from Gleason Street and Andrews
Avenue to N.W. 1st Avenue; Miramar and Lowery for parade set up from approximately
4:00 p.m. to 6:00 p.m.; and authorize staff support for traffic control and security, EMS
assistance, barricade set-up/removal, trash removal/clean up, and processing of the FDOT
permit.
8.0. SPECIAL EVENT REQUEST/ HOLIDAY TREE LIGHTING/ART
& JAZZ ON THE AVENUE: Approve and endorse the Holiday Tree Lighting and Art
& Jazz on the Avenue scheduled for November 30, 2006 from 5:00 p.m. to 10:00 p.m.;
granting a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic
Avenue from Swinton Avenue to N.E. 7th Avenue, S.E. 7th Avenue from the north side
-6-
11/07/06
of Brisca Atlantica property to the north side of the Brisca Atlantica parking lot entrance,
the alley north of Atlantic Avenue between N.E. 2nd Avenue and Railroad Way, Railroad
Way from Atlantic to the alley just north of Atlantic, N.E. 2nd Avenue from Atlantic
Avenue to the alley and the Tennis Center parking lot; and authorize staff support for
security and traffic control, banner hanging/removal, barricade set-up/removal, trash
removal, clean up assistance, and use/set up of City Stages.
8.P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period October 16,2006 through November 3,2006.
~ AWARD OF BIDS AND CONTRACTS:
1. Contract award to Sports Turf One, Inc. in the amount of
$15,960.00 for improvements to Pompey Park Ball fields 2 and 3.
Funding is available is available from 001-4131-572-34.90
(General Fund/Other Contractual Services).
2. Purchase award to Wesco Turf Supply, Inc. in the amount of
$16,258.97 via the Florida State Contract #515-630-06-1 for the
purchase of one (1) Toro Groundmaster 7200 mower with a
protection plus warranty for the ESD Utility Maintenance
Division. Funding is available from 442-5178-536-64.90
(Water/Sewer Renewal and Replacement Fund/Other
Machinery/Equipment).
3. Purchase award to Poolsure in the amount of $53,265.30 for the
purchase and delivery of Sodium Hypochlorite. Funding is
available from 441-5123-536-52.21 (Water/Sewer
Fund/Chemicals).
4. Purchase award to Otto Waste Systems in the amount of
$150,000.00 for the purchase of hot stamped garbage carts with
lids and wheels. Funding is available from 433-3711-534-49.35
(Sanitation Fund/Cart Renewal and Replacement).
5. Purchase award to PVS Technologies in an estimated amount of
$105,000.00 for the purchase and delivery of Liquid Ferric
Chloride for the Water Treatment Plant for the period of October 1,
2006 to March 31,2007. Funding is available from 441-5122-536-
52.21 (Water/Sewer Fund/Chemicals).
6. Purchase award to Praxair Inc. in an estimated cost of $66,000.00
for the purchase and delivery of Liquid Carbon Dioxide (Co2) for
the Water Treatment Plant. Funding is available from 441-5122-
536.52.21 (Water/Sewer Fund/Chemicals).
7. Purchase award to Duval Ford in the amount of $34,951.00 via the
Florida Sheriffs Association Contract #06-14-0821 for one (1)
2007 Ford F-350 Pickup Truck 4X2 for the Utility Maintenance
- 7 -
11/07/06
Division. Funding is available from 441-5161-536-64.20
(W ater/Sewer Fund/Automotive).
Purchase award to Duval Ford in the total amount of $268,697.00
via the Florida Sheriffs' Association Contract #06-14-0821 for the
purchase of eleven (11) new take home police vehicles. Funding is
available from 001-2117-521-64.20 (General Fund/Automotive),
001-2119-521-64.20 (General Fund/Automotive) and 001-2121-
521-64.20 (General Fund/Automotive).
Lease agreement with Ikon Office Solutions in the amount of
$17,847.36 over a three (3) year term via the Miami-Dade Contract
#114DD11 for the lease of a Ricoh Aficio MP5500 Digital Copier
for the Police Department. Funding is available from 001-2113-
521-44.30 (General FundlEquipment).
10. Contract award to Advanced Data Processing, Inc. in the amount
of $87,000.00 for outsourcing the EMS billing for FY 2006 -
2007. Funding is available from 001-2311-522-34.90 (General
Fund/Other Contractual Services).
'1
8.
9.
At this point, Commissioner Levinson stepped away from the dais.
Mrs. Ellis moved to approve the Consent Agenda as amended, 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.
, 1
. j
At this point, the time being 6:34 p.m., the Commission moved to Item
9.A. of the Consent Agenda.
9.
REGULAR AGENDA:
9.A. CONDITIONAL USE EXTENSION REQUEST/AVENUE EAST
(FKA GROVE SQUARE): Consider an extension request for two (2) conditional use
approvals which allow a building height in excess of 48 feet (54' 3" approved) and
residential units in excess of30 units per acre (38.2 dulac approved) for Avenue East (fka
Grove Square), located at the northeast corner of S.E. 1st Street and S.E. 2nd Avenue.
(Quasi-Judicial Hearing)
At this point, Commissioner Levinson returned to the dais.
Mayor Perlman read into the record the City of Delray Beach procedures
for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
- 8 -
11/07/06
Mayor Perlman asked the Commission to disclose their ex parte
communications. Mr. Levinson stated he has none in addition to the previous list
provided at the last meeting. Mrs. Montague, Mayor Perlman, Mrs. Ellis, and Mr. Fetzer
stated they too have none in addition to the previous list provided at the last meeting.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2004-287 into the record.
Mr. Dorling stated this item is a conditional use extension request for two
conditional uses; one to allow a building height in excess of 48 feet and the second
conditional use was for residential units exceeding 30 units to the acre. The proposal
involves the demolition of an existing four story office building and the construction of a
mixed use development with 850 square feet of retail and 55 dwelling units. On
September 21, 2004, the proposed development received conditional use approval from
the City Commission. At its meeting of December 15, 2004, the SPRAB Board
unanimously approved a Class V site plan, landscape plan and architectural elevations
associated with the construction of a five-story mixed-use development (55 dwelling
units/850 square feet retail), subject to conditions. Mr. Dorling stated this project falls
under the section of "no construction". If the Commission approves this tonight, there
will be some modifications to comply with the Design Guidelines required. He stated
that it is noted in the staff report that similar extension requests have been granted and if
approved the Site Plan Review and Appearance Board will have to consider a site plan
meeting of the conditions of the Design Guidelines. Also, if in doing that, they change
the conditional use to a major degree, and then it would also have to be brought back to
the Planning and Zoning Board and the City Commission.
Michael Weiner, Attorney with Weiner & Aronson, P.A., 102 North
Swinton Avenue, Delray Beach, speaking on behalf of Applicant (Faison-Grove Square,
LLC), stated the ordinance regarding extensions is a little complicated; they do not fall in
the first one because it is not vested; do not fall in the second one because it's not partial
construction; they fall in the third one which is "no construction". Therefore, the order
drafted by the City Attorney shows the application of the rules and regulations that now
apply to us falling into that third category and realize the Design Guidelines and changes
apply.
Mr. Levinson stated he does not feel the extension should be made.
Mrs. Ellis concurred with comments expressed by Mr. Levinson. She
stated she agrees that the extension is not pertinent.
Mrs. Montague stated having seen the site plan for the original structure,
she asked why the applicant would need an extension if this could change substantially.
In response, Mr. Weiner stated there is a significant application fee and addressing this
under this procedure would be helpful. Mr. Weiner stated under the ordinance, the
burden with respect to an extension is not a burden or weighing of the difficulties. This
project will be sent back even further and delaying it even longer and under the present
-9-
11/07/06
market circumstances does not make sense. Mr. Weiner stated this is no real advantage.
Mr. Dorling stated if the Conditional Use was approved and did not require modification
they would save the nine weeks associated with the process to go straight to the site plan
process. However, he stated it is unclear when they comply with the Design Guidelines
and the site plan modification whether or not a Conditional Use modification is required
or not. Mr. Dorling stated this would depend on the degree of the change.
<1
i>
0;
\>
~
~
Mrs. Montague stated having been a part of the process when the Design
Guidelines were created, there is going to be a substantial difference in the building as it
is drawn now and what the new building will look like. She feels the modifications will
be substantial and that we will be dealing with an entirely different building. Mrs.
Montague stated she will not support the extension request.
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).
. Mr. Levinson moved to approve the Board Order (DENYING both
extension requests), seconded by Mrs. Ellis. Upon roll call the Commission voted as
follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes;
Mrs. Montague - Yes. Said motion to approve the Board Order (DENYING both
extension requests) was passed with a 5 to 0 vote.
9.8. WAIVER REQUESTIWESTERN/SENIOR COMMUNITY
CENTER: Consider a request for waiver of Land Development Regulations (LDR)
Section 4.6.9(D)(3)(a)[Driveway Width] and Section 4.6.9(D)(3)(c)(I)[Stacking
Distance] associated with the Class V Site Plan for the Western/Senior Community
Center located at the northwest corner of Congress Avenue and Lake Ida Road. (Quasi-
Judicial Hearing)
1
~
}
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 #2006-396 into the record.
On October 25, 2006, the Site Plan Review and Appearance Board
(SPRAB) approved the site plan, landscape plan, and architectural elevations associated
with a Class V development for the Western Communities Center at the northwest corner
of Lake Ida Road and Congress Avenue. SPRAB also recommended approval of two
waivers; one relates to the driveway on the north side and the second waiver is for the
stacking. Staff recommends approval subject to the positive findings of Section
2.4.7(B)(5).
- 10-
11/07/06
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).
Mr. Levinson moved to adopt the Board Order approving the waivers,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague
- Yes. Said motion passed with a 5 to 0 vote.
9.C. REQUEST FOR IN-LIEU PARKING SPACES/ATLANTIC
COFFEE AND TEA: Consider a request from Atlantic Coffee and Tea for the purchase
of two (2) in-lieu parking spaces in the amount of$31,200.00. Atlantic Coffee and Tea is
located in the Atlantic Antique Mall at 504 East Atlantic Avenue. (Quasi-Judicial
Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Scott Aronson, Parking Management Specialist, stated Atlantic Coffee &
Tea is located within the Atlantic Avenue Mall at 504 East Atlantic Avenue and received
approval to convert a total of 750 square feet of retail space to restaurant (coffee shop)
with 590 square feet on the first level and 160 square feet of associated seating on the
second level. The proposal does not diminish the retail components. He stated LDR
Section 4.6.9(E)(3) states, "if it is impossible or inappropriate to provide the required on-
site or off-street parking spaces, the City Commission may approve the payment of a fee
in-lieu of providing such required parking." The applicant is the owner of the property
and would be paying through an in-lieu of parking fee payment agreement; half now on
signing the agreement and twenty-five percent (25%) the second and third years.
Comprehensive Plan Policy C-4.1 of the Future Land Element encourages rehabilitation
and revitalization within the Central Business District (CBD) through a number of
incentives, one of which is the accommodation of parking needs through innovative
actions.
At its meeting of October 16, 2006, the Downtown Development
Authority (DDA) recommended approval of the applicant's request, at its meeting of
October 24, 2006, the Parking Management Advisory Board (pMAB) recommended
approval; at its meeting of October 26, 2006, the Community Redevelopment Agency
(CRA) recommended approval ofthe applicant's request.
There was no cross-examination or rebuttal.
- 11 -
11/07/06
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).
'1
j
Mrs. Ellis moved to approve the Board Order, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer
- Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion
passed with a 5 to 0 vote.
9.D. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY: Consider approval of an Interlocal Agreement between the City and the
Community Redevelopment Agency (CRA) in the amount of $500,000.00 for the
rehabilitation of 133 N.W. 5th Avenue. Funding is available from 118-1932-554-83.06
(Community Development Fund/ (HHRP) Hurricane Housing Recovery Program).
Mayor Perlman declared a conflict of interest, passed the gavel to Vice
Mayor Ellis, and stepped down from the dais.
Lula Butler, Director of Community Improvement, stated this item is for
the Commission to consider approving an Interlocal Agreement between the City of
Delray Beach and the Community Redevelopment Agency (CRA) for the rehabilitation
of property addressed at 133 N.W. 5th Avenue. The funding for this project is coming out
of the Hurricane Recovery Program (HHRP) that was awarded to the City in the amount
of $1,000,000.00 ($500,000.00 is allocated for this particular project and the other
$500,000.00 was allocated for the La France Hotel).
Mr. Fetzer moved to approve the Interlocal Agreement between the City
of Delray Beach and the Community Redevelopment Agency (CRA) in the amount of
$500,000.00 for the rehabilitation of 133 N.W. 5th Avenue, seconded by Mr. Levinson.
Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Levinson - Yes;
Mrs. Montague - Yes; Vice Mayor Ellis - Yes. Said motion passed with a 4 to 0 vote.
9.E. AGREEMENTIFLORIDA INLAND NAVIGATION DISTRICT
(F.I.N.D.): Consider approval of a project agreement between the City and Florida
Inland Navigation District (F.I.N.D.) for a grant in the amount of $688,420.00 for the
Intracoastal Park (MSA 650) Project.
At this point, Mayor Perlman returned to the dais.
Joseph Weldon, Director of Parks and Recreation, stated the City of
Delray Beach leased a four acre park just south of Knowles Park from the Florida Inland
Navigation District (F.I.N.D.) for a grant in the amount of $688,420.00 for the Delray
Intracoastal Park Project.
Mrs. Ellis moved to accept the grant, seconded by Mrs. Montague. Upon
roll call the Commission voted as follows: Mr. Levinson - Yes; Mrs. Montague - Yes;
Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion passed with a 5
- 12-
11/07/06
to 0 vote.
9.F. RESOLUTION NO. 66-06: Consider approval of Resolution No. 66-06
authorizing the issuance of Water and Sewer Bonds (Series 2006B) in the aggregated
amount of $2,350,000.00 and authorizing the sale of such bonds to Sun Trust Bank at a
rate of3.98% for a term of 15 years.
The caption of Resolution No. 66-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA,
SUPPLEMENTING RESOLUTION NO. 39-88, AS
AMENDED AND SUPPLEMENTED, FOR THE
PURPOSE OF AUTHORIZING A TENTH SERIES OF
WATER AND SEWER REVENUE BONDS
DESIGNATED AS WATER AND SEWER REVENUE
BONDS, SERIES 2006B (THE "BONDS"), IN THE
AGGREGATE PRINCIPAL AMOUNT OF $2,350,000
FOR THE PURPOSE OF FINANCING CERTAIN
ADDITIONS, EXTENSIONS AND IMPROVEMENTS
TO THE CITY'S COMBINED PUBLIC UTILITY;
PROVIDING FOR THE TERMS OF SAID BONDS;
PROVIDING FOR THE APPLICATION OF THE BOND
PROCEEDS; AUTHORIZING THE NEGOTIATED
SALE OF SAID BOND AND APPROVING THE FORM,
AND AUTHORIZING THE EXECUTION AND
DELIVERY, OF A BOND PURCHASE AGREEMENT
TO EFFECT THE NEGOTIATED SALE OF THE
BONDS TO SUNTRUST BANK; INCORPORATING BY
REFERENCE THE TERMS AND PROVISIONS OF
RESOLUTION NO. 39-88, AS AMENDED AND
SUPPLEMENTED; DESIGNATING THE BONDS AS
"QUALIFIED TAX-EXEMPT OBLIGATIONS" WITHIN
THE MEANING OF SECTION 265(b) OF THE
INTERNAL REVENUE CODE OF 1986, AS AMENDED;
AUTHORIZING THE PROPER OFFICERS OF THE
CITY TO DO ALL OTHER THINGS DEEMED
NECESSARY OR ADVISABLE IN CONNECTION
WITH THE ISSUANCE, SALE AND DELIVERY OF
THE BONDS; AND PROVIDING FOR AN EFFECTIVE
DATE.
(The official copy of Resolution No. 66-06 is on file in the City Clerk's
office.)
- 13 -
11/07/06
Joseph Safford, Finance Director, stated in the Capital Improvement
Program in the Water & Sewer Fund there is a continued expansion of the South Central
Regional Wastewater Treatment and Disposal Board (SCRWTDB) Plant for the
reclaimed water. He stated the financing is to be handled through a bank financing and
this is a resolution authorizing the issuance of those bonds in the amount of
$2,350,000.00. Staff recommends the SunTrust Bank bid (lowest bidder) at a rate of
3.98% for a term of 15 years.
1
t
j
Mr. Fetzer moved to approve Resolution No. 66-06, seconded by Mrs.
Ellis. Upon roll call the Commission voted as follows: Mrs. Montague - Yes; Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion
passed with a 5 to 0 vote.
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. RESOLUTION NO. 67-06/CONTRACT FOR SALE AND
PURCHASE OF PROPERTYIDELRAY BEACH COMMUNITY LAND TRUST.
INC.: Consider approval of Resolution No. 67-06 authorizing the City to transfer/sell
three (3) City owned properties, located at 802 S.W. 3rd Street, 1012 N.E. 3rd Avenue and
119 S.W. 9th Avenue, to be utilized for affordable housing purposes; and approve
Contract for Sale and Purchase between the City and the Delray Beach Community Land
Trust, Inc. in the amount of $30.00.
The caption of Resolution No. 67-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA,
AUTHORIZING THE CITY TO TRANSFER/SELL
THREE (3) PARCELS OF REAL PROPERTY IN THE
CITY OF DELRAY BEACH WHICH ARE LOCATED
AT 802 S.W. 3RD STREET, 1012 N.E. 3RD AVENUE AND
119 S.W. 9TH AVENUE, AS MORE PARTICULARLY
DESCRIBED HEREIN, TO THE DELRA Y BEACH
COMMUNITY LAND TRUST, INC., TO BE UTILIZED
FOR AFFORDABLE HOUSING PURPOSES.
(The official copy of Resolution No. 67-06 is on file in the City Clerk's
office.)
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 67-06,
the public hearing was closed.
- 14-
11/07/06
Mrs. Montague moved to approve Resolution No. 67-06, seconded by
Mrs. Ellis. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs.
Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said motion
passed with a 5 to 0 vote.
10.B. WAIVER OF BIDDING REQUIREMENTSIPOMPEY PARK
EXPANSION PROJECT: Consider approval of waiving the requirements contained in
Chapter 36, "Finance; City Property Transactions", of the Code of Ordinances, for the
Pompey Park Expansion Project.
The City Attorney stated this is an advertised waiver and public hearing on
waiving the bidding requirements for the Pompey Park expansion and therefore the
public hearing needs to be opened for the waiver.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding the waiver, the public
hearing was closed.
Mr. Levinson confirmed with Richard Hasko, Director of Environmental
Services, that Randolph & Dewdney can meet the schedule.
Mr. Fetzer moved to approve the waiver requirements for the Pompey
Park Expansion Project, seconded by Mrs. Ellis. Upon roll call the Commission voted as
follows: Mrs. Ellis - Yes; Mr. Fetzer- Yes; Mr. Levinson - Yes; Mrs. Montague - Yes;
Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote.
10.B.1. CONTRACT A W ARDIRANDOLPH AND DEWDNEY
CONSTRUCTION. INC.: Consider approval of a contract award to Randolph and
Dewdney Construction, Inc. in the amount of $1,166,884.60 for the Pompey Park
Community Center Improvements Project. Funding is available from 380-4150-572-
62.61 (2004 G.O. BondIPompey Park Expansion).
Mrs. Montague moved to approve the Contract Award to Randolph and
Dewdney Construction, Inc. in the amount of $1,166,884.60 for the Pompey Park
Community Center Improvements Project, seconded by Mr. Fetzer. Upon roll call the
Commission voted as follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague-
Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote.
10.C. ORDINANCE NO. 60-06: Amending Section 10.99, "General Penalty,"
of the Code of Ordinances by adding Civil Citations under Section 37.45 as an
Enforcement method adopted by the City. 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. 60-06 is as follows:
- 15 -
11107/06
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING SECTION 10.99, "GENERAL
PENALTY", OF THE CODE OF ORDINANCES BY
ADDING CIVIL CITATIONS UNDER SECTION
37.45 AS AN ENFORCEMENT METHOD ADOPTED
BY THE CITY; PROVIDING A SAVINGS CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
Cl
(The official copy of Ordinance No. 60-06 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 60-06,
the public hearing was closed.
Mrs. Ellis moved to adopt Ordinance No. 60-06 on Second and FINAL
Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows:
Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr.
Fetzer - Yes. Said motion passed with a 5 to 0 vote.
10.D. ORDINANCE NO. 61-06: Amending Section 52.03, "Use of Water
from Hydrants," of the Code of Ordinances to provide for an increase in the security
deposit for hydrant meters and to also provide for a nonrefundable installation/removal
fee to cover the cost of City employees installing and removing the hydrant meter. 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. 61-06 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 52.03, "USE OF
WATER FROM HYDRANTS", TO PROVIDE FOR AN
INCREASE IN THE SECURITY DEPOSIT FOR
HYDRANT METERS AND TO PROVIDE FOR AN
INSTALLATIONIREMOVAL FEE OF THE HYDRANT
METER BY CITY STAFF; PROVIDING A GENERAL
- 16-
11/07/06
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of the Ordinance No. 61-06 is on file in the city Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 61-06,
the public hearing was closed.
Mrs. Montague moved to adopt Ordinance No. 61-06 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; Mr. Levinson - Yes. Said motion passed with a 5 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.
U.A. City Manaeer's response to prior public comments and inquiries.
The City Manager had no comments or inquiries on prior public
comments and inquiries.
11.B. From the Public.
U.B.l. Alice Finst. 707 Place Tavant. Delrav Beach. speaking on behalf of the
Board of Directors of Progressive Residents of Delray (PROD), stated she spoke to the
Commission previously about videoing City meetings particularly the City Commission
Meetings and Workshop Meetings. She stated PROD understands that staff would have
some kind of progress report at the end of October on this project and asked if there is a
schedule or timeline for implementation of filming these meetings.
At this point, the time being 7:07 p.m., the Commission moved back to
Item 9.G. of the Regular Agenda.
9.G. DECORATIVE STREET LIGHTS ALONG PUBLIC BEACHlSR
AlA (LINTON BOULEVARD TO GEORGE BUSH BOULEVARD): Consider
approval of the installation of Lumec Domus Series DMS50 luminaries as the decorative
street lights along the public beach on SR AlA (Linton Boulevard to George Bush
Boulevard).
- 17 -
11/07/06
Randal Krejcarek, City Engineer, stated last month staff brought this item
before the Commission to decide which decorative street light should go along the beach
on A-I-A from Casuarina Road to the north end of the beach. As directed, staff went to
the Beach Property Owners' Association (BPOA) and asked them for their preference.
The BPOA's street light preference is the DMS50 Series which has the white band
around it (opaque band).
Mayor Perlman asked if Palm Beach County Commissioner McCarty is
participating in this project. In response, Mr. Krejcarek stated a letter has been sent to
request fifty percent (50%) of the funding for the decorative street lights and Ms.
McCarty has also agreed to pick up the cost for mast arms at A-I-A and Atlantic Avenue.
It was the consensus of the City Commission to select the DMS50
luminaries (opaque/white band) for the decorative street lights along the public beach on
A-I-A (Linton Boulevard to George Bush Boulevard).
2.:!!:.. AGREEMENTIHEAD START: Consider conceptual approval of terms
of Lease Purchase Agreement with Palm Beach County for Delray Beach Head Start.
Audrey Wolf, Director of Facilities from Palm Beach County, stated the
County has been working on this trying to identify a site for Head Start so it could remain
on the east side ofI-95. Ms. Wolf stated it was through the ongoing relationship with the
City of Delray Beach that the City actually took the lead in securing the additional
property to make this possible and continuing to work with them on the park.
Mayor Perlman thanked Ms. Wolf for her hard work and stated this is
important for the City of Delray Beach to have this located east ofI-95.
The City Manager stated everyone has worked hard on this and staff is
very excited about the outcome.
Prior to the vote, Mr. Levinson thanked Audrey Wolf and her staff.
Mr. Levinson moved to approve the concept as outlined in Audrey's letter,
seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague
- Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 7:12 p.m., the Commission moved to Item
12, First Readings.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 62-06: Amending Section 97.10 "Citrus Canker
Control Procedures" of the Code of Ordinances by repealing it in its entirety. If passed, a
public hearing will be scheduled for November 21,2006.
- 18-
11/07/06
The caption of Ordinance No. 62-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
REPEALING SECTION 97.10, CITRUS CANKER
CONTROL PROCEDURES" OF THE CODE OF
ORDINANCES OF THE CITY OF DELRA Y BEACH,
FLORIDA; PROVIDING A GENERAL REPEALER
CLAUSE; A SAVING CLAUSE AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 62-06 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. 62-06 on FIRST Reading,
seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis -
Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman -
Yes. Said motion passed with a 5 to 0 vote.
12.B. ORDINANCE NO. 63-06: Amending Chapter 110, "Occupational
Licenses Generally", by re-naming "Occupational Licenses" to "Local Business Tax
Receipts", in accordance with recent state law changes. If passed, a public hearing will
be scheduled for November 21,2006.
The caption of Ordinance No. 63-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 110, "OCCUPATIONAL
LICENSES GENERALLY", IN ORDER TO UPDATE
THE ORDINANCE TO RE-NAME "OCCUPATIONAL
LICENSES", "LOCAL BUSINESS TAX RECEIPTS", IN
ACCORDANCE WITH RECENT STATE LAW
CHANGES; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 63-06 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Mrs. Montague moved to approve Ordinance No. 63-06 on FIRST
Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr.
- 19-
11/07/06
Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs.
Ellis - Yes. Said motion passed with a 5 to 0 vote.
'1
J
12.C. ORDINANCE NO. 64-06: Privately initiated amendment to the Land
Development Regulations Section 4.3.4(H)(6)(a) to eliminate the requirement for a
building setback of 64 feet along N.E. 4th StreetILake Ida Road between Swinton Avenue
and N.E. 6th Avenue. If passed, a public hearing will be scheduled for November 21,
2006.
The caption of Ordinance No. 64-06 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 4.3.4(H)(6), "SPECIAL
SETBACKS", SUBSECTION 4.3.4(H)(6)(A), "SPECIAL
BUILDING SETBACKS", TO ELIMINATE THE 64'
BUILDING SETBACK FROM SWINTON AVENUE
EAST TO NE 6TH AVENUE FOR LAKE IDA ROAD;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 64-06 is on file in the City Clerk's
office. )
The City Attorney read the caption ofthe ordinance.
Paul Dorling, Director of Planning and Zoning, stated there is a 64 foot
setback required from the center line required from Military Trail to Federal Highway
along Lake Ida Road. The privately initiated amendment would remove the section from
N.E. 6th Avenue (NIB Federal Highway) to Swinton Avenue from this requirement.
Mrs. Ellis moved to approve Ordinance No. 64-06 on FIRST Reading,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr.
Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs.
Ellis - Yes. Said motion passed with a 5 to 0 vote.
12.D. ORDINANCE NO. 67-06: Amending Section 99.04, "Loud and
Unnecessary Noises and Enumerated; Exemptions", Subsection 99.04(A)(6),
"Construction" of the Code of Ordinances to clarify the time that this subsection applies
in Single Family Zoning Districts. If passed, a public hearing will be scheduled for
November 21, 2006.
The caption of Ordinance No. 67-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
- 20-
11/07/06
AMENDING THE CODE OF ORDINANCES, BY
AMENDING SECTION 99.04 "LOUD AND
UNNECESSA Y NOISES AND ENUMERATED;
EXEMPTIONS". SUBSECTION 99.04 (A)(6),
"CONSTRUCTION'; TO CLARIFY THE TIMES THAT
THIS SUBSECTION APPLIES IN SINGLE FAMILY
ZONING DISTRICTS; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 67-06 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. 67-06 on FIRST Reading,
seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Levinson
- Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes.
Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 13, Comments and
Inquiries on Non-Agenda Items.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
B.A. City Manaeer
With regard to a comment expressed by Commissioner Levinson, the City
Manager stated Signature Builders does not have a current occupational license in the
City of Delray Beach either as a business or a registered contractor. Signature Builders
Unlimited out of Boca Raton had a contractor's registration in 2005 only and the
qualifier's name was Andres Barcenas. The City Manager stated staff checked records
with Palm Beach County and as Commissioner Levinson indicated, 619 Wiggins Road is
not a valid address and none ofthe owners' names on that road are Mr. Don Mackey.
Secondly, the City Manager stated he has a disk with the County's draft
Redevelopment Plan for their property on Congress Avenue. Mrs. Ellis stated she will
make a copy of the disc for the rest of the Commission.
Lastly, he stated he appreciates the comments he received from the
Commission regarding the County's position on property taxes and suggested that the
City of Delray Beach follow the League of Cities position on this which is somewhat a
variance from what the County stated in the paper. Mrs. Ellis stated she will email the
Commission the draft document of what the League of Cities proposes and hopefully the
Commission can support the League of Cities in their position as they go into Legislative
action and asked for everyone to submit their comments to her.
- 21 -
11/07/06
13.B. City Attornev
The City Attorney commented about the Town of Highland Beach City
Commission Meeting and noted they have their own Post Office.
, 1
Secondly, on Thursday evening at her home will be the first spin-off study
circle.
Mr. Levinson asked where the City stands with regard to the Town of
Highland Beach and the Town of Gulf Stream. The City Attorney stated they did not do
an emergency ordinance in Highland Beach because they plan on having an extra
Workshop. She also noted that Gulf Stream has been notified.
13.C.
City Commission
13.C.1.
Mr. Fetzer
Mr. Fetzer commented on the Community Land Trust (CLT) Open House
held last night and congratulated everyone involved.
13.C.2.
Mrs. Ellis
Mrs. Ellis also commented on the Community Land Trust (CLT) Open
House and stated she is very proud of what is being done in Delray Beach.
'1
~
J
Secondly, she commented about the Ribbon Cutting Ceremony for the
Mike Machek Park and stated Representative Machek was present. Mrs. Ellis stated
great things are being done in Delray Beach.
13.C.4.
Mrs. Montaeue
Mrs. Montague thanked Audrey Wolf as well as Commissioner Levinson
for initiating the conversation for the Head Start location. She stated this really
strengthens the corridor as a service corridor (1th Avenue) and feels it creates a solid
foundation for the community.
Secondly, she stated she had the opportunity to ride with Sergeant David
Weatherspoon during his shift and commented that he is an extraordinary example of
community policing. Mrs. Montague stated it makes her feel even more strongly about
making sure the community policing is a fundamental part of how our police work.
13.C.5.
Mr. Levinson
Mr. Levinson thanked the City Commission for being at the Community
Land Trust (CLT) Open House because he feels this meant a lot to the CLT Board. He
clarified that Walt Gerhard, Community Redevelopment Agency (CRA) Project Manager
- 22-
11/07/06
actually found the three homes for the CL T and stated he cannot imagine a better person
to have bought the first CL T home than Venice Cobb and her children.
Secondly, Mr. Levinson stated he received an email today from Shannon
Lewis and noted that he made a presentation at the Florida Redevelopment Association
(FRA) Annual Conference in Miami about CLT's. He thanked everyone and the CRA
for their support.
13.C.5.
Mavor Perlman
Mayor Perlman commented about the Student Residents Academy and
noted they have 12 students who are very interested in learning about the community. He
stated it is nice to see young people interested in local government. He commended
Doug Smith, Assistant City Manager, for creating a game of jeopardy regarding City
government for the youth. Mayor Perlman stated this will be a great program going
forward.
Secondly, he stated the Mike Machek Ribbon Cutting Ceremony was
terrific. He stated the park is beautiful and it came out great.
Lastly, Mayor Perlman stated the Chris Evert tournament this weekend
was a terrific great event. He stated there were approximately 4,000 people in attendance
on Saturday and approximately 4,600 on Sunday. He commented that everyone walked
downtown along the A venue after the tournament.
At this point, the Commission moved to Item 6.A., Proclamations.
6. PROCLAMATIONS:
6.A. Recoenizine and Commendinl!: Thomas E. Lvnch
Mayor Perlman read and presented a proclamation hereby recognizing and
commending Thomas E. Lynch for his multitudinous contributions he has made to his
community and the City of Delray Beach.
There being no further business, Mayor Perlman declared the meeting
adjourned at 7:46 p.m.
~~.~~
. j-
CIty Clerk
- 23-
11/07/06
ATTEST:
~lb..
. 'A OR ""-
7 1
1
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on November 7, 2006, which Minutes were formally approved and adopted by the City
Commission on November 21, 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.
- 24-
11/07/06
. .
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORIDA
EXTENSION REQUESTS FOR AVENUE EAST
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRA Y BEACH, FLORIDA
1. These extension requests have come before the City Commission on
November 7, 2006.
2. The ApplicanL and City staff presented documentary evidence and
. testimony to the City Commission pertaining to the extension requests for Avenue East.
All of the evidence is a part of the record in this case. Required findings are made in
accordance with Subsection I.
I. EXTENSION:
Pursuant to LOR Section 2.4.4(F)(3), when the project has not commenced
construction, or construction has not been deemed substantial, the requests for
extension shall be considered pursuant to the following:
(a) The project shall be evaluated pursuant to the land development regulations in
effect at the time of consideration of the extension requests and shall comply with
such current requirements.
(b) Additional submittal information including a new application and copies of
previously submittal material may be required.
(c) The granting body must make findings pursuant to 2.4.4(B);
(d) The granting body may impose additional conditions of approval pursuant to
2.4.4(C) to insure compliance with any applicable changes to regulations or
changes in circumstances which have occurred since the previous approval.
Do the Extension requests meet the requirements of LOR Section 2.4.4(F)(3)?
Yes 0
No 5
3. Do the extension requests meet the requirements of 3.1.1 of the Land
Development Regulations and are the Commission's determinations consistent with the
Comprehensive Plan and Land Development Regulations?
Yes No X
1
,tent q. It
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 these findings.
5. Based on the entire record before it, the City Commission approves _
denies X the extension requests as set forth above.
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 7th day of November, 2006, by a vote of
in favor and 0
opposed.
~:~ '
\)~ ~~~J
ChevelleNubin, City Clerk
~
I
r
j
2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORIDA
WAIVER REQUEST FOR THE WESTERN COMMUNITY CENTER
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRA Y BEACH, FLORIDA
1. These waiver requests have come before the City Commission on
November 7,2006.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for the Western
Community Center. All of the evidence is a part of the record in this case. Required
findings are made in accordance with Subsection I.
I. WAIVER:
Pursuant to LOR Section 4.6.9(D)(3)(a), the point of access to a street or alley shall be
a maximum of 24 feet unless a greater width is specifically approved as a part of site
and development plan approval. However, in no event shall such point of access be
greater than 36 feet. The applicant has requested a waiver to increase the width of the
driveway along Congress Avenue to 40 feet.
Pursuant to LOR Section 4.6.9(D)(3)(c)(1), the minimum distance between a right-of-
way and the first parking space or aisleway in a parking lot shall be 50 feet for the
proposed development. The applicant has submitted a waiver request to reduce the
stacking distance from the Lake Ida Road right of way to the first parking space to 45
feet 9 inches.
Pursuant to LOR Section 2.4.7(B)(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.
Does the driveway width waiver request meet all the requirements of 2.4.7(B)(5)?
Yes X No
Does the stacking distance waiver request meet all the requirements of 2.4.7(B)(5)?
Yes X No
1
I+~ l\. B
3. The ~ity Commission has applied the Comprehensive Plan and LOR
requirements in existence at the time the original development application was
1
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
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 these findings.
5. Based on the entire record before it, the City Commission approves -1L-
denies _ the waiver requests to LOR Sections 4.6.9{O){3){a) and 4.6.9{O){3){c){1).
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 7th day of November, 2006, by a vote. of
in favor and 0
opposed.
1'~EST:~_
~\).~~
Chevelle Nubih, City Clerk .
2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORIDA
IN LIEU PARKING FEE REQUEST FOR ATLANTIC COFFEE & TEA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRA Y BEACH, FLORIDA
1. This in lieu parking fee request has come before the City Commission on
November 7, 2006.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the in lieu parking fee request for
Atlantic Coffee & Tea. All of the evidence is a part of the record in this case. Required
findings are made in accordance with Subsection I.
I. IN LIEU PARKING FEE:
Pursuant to LDR Section 4.6.9(E)(3), when additional parking is required fora change
of use and it is impossible or inappropriate to provide such parking the City Commission
may approve the payment of an in lieu fee rather than provide the required parking.
Does the In Lieu Parking Fee request meet the requirements of LDR Section 4.6.9(E)(3)
and the conditions, if any, listed below?
Yes 5
No 0
3. The City Commission hereby finds that the In Lieu Parking. Fee Request
meets the requirements of 4.6.9(E)(3) of the Land Development Regulations, with the
conditions listed above, and the City Commission has applied the Comprehensive Plan
and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan and Land Development Regulations.
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
1
I-l-~ q. t,
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves _
I
I
r
,
denies ~ the in lieu parking fee request as set forth above.
6. Based on the entire record before it, the City Commission hereby adopts
opposed.
~ in favor and .\0
ATTEST:
~~~~~l
Chevelle Nubin, City Clerk -
2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY: MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME~'DDlE NAME
n Jeffre L.
MAILING ADDRESS
971 Delra
Lakes Drive
COUNTY
NAME OF BOARD, COUNCIL, COMMISSION. AUTHORITY, OR COMMITTEE
Delray Beach City Commission
THE BOARD, COUNCIL. COMMISSION. AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
Xl CITY Q COUNTY Q OTHER LOCAL AGENCY
NAME OF PQllTlCAL SUBDIVISION:
it 0 Beach
MY POSITION IS:
CITY
ELECTIVE
Q APPOINTIVE
WHO MUST FILE FORM 88
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory 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 which you have a conflict of interest will vary greatly 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 form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or lo~~ of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corpbrate 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
. are not listed on any national or regional stock exchange).
*
*
*
*
*
*
*
*
*
*
*
*
ELECTED OFFICERS:
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 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 incorporate the form in the minutes.
*
*
*
*
*
*
*
*
*
*
*
*
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
. You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 88 - EFF. 1/2000
Item 9.D
PAGE 1
APPOINTED OFFICERS (continued)
. A copy of the form 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:
. You must disclose orally the nature of your conflict in the measure before participating.
. 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 form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, .Teffr~ PerlmSln
, hereby disclose that on
November 7
,20~:
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
xu. inured to the special gain or loss of my relative,
inured to the special gain or loss of my business associate,
Diane Colonna
inured to the special gain or loss of
whom I am retained; or
inured to the special gain or loss of
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and ,the nature of my conflicting interest in the measure is as follows:
Diane Colonna, my wife, is the Executive Director of the Community Redevelopment
Agency (CRA). I have a conflict voting on items that directly affect the CRA.
, by
_, which
11/7/06
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOllOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 112000
PAGE 2