12-12-06 Minutes Reg
DECEMBER 12. 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, December 12,2006.
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
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Brian Shutt, Assistant City Attorney
Terrill Barton, Assistant City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Deacon Richard Santana from
Emmanuel Catholic Church.
3.
gIven.
The Pledge of Allegiance to the flag of the United States of America was
4.
AGENDA APPROVAL.
Mayor Perlman stated there is additional information for Item 8.E., Lease
A~reement for Temporarv ParkinelPineapple Grove. LTD.
He stated there is a revised agreement to Item 8.1., License
AereementIBlock 77 Development Group. LC.
Mayor Perlman noted that there are Board Orders for Item 9.A., Waiver
ReQuests /346 N.W. 7th Avenue, Item 9.B., Waiver ReQuest/510 Seaeate Drive, Item
9.C., Waiver ReQuest/Sun American Bank, and Item 9.D., Waiver ReQuest/Old
Neal's Market/A to Z Automotive.
He noted there is additional information for Item 9.J., AereementlUnited
States Tennis Association Inc. (UST A)/FED Cup Tie and noted the addition of Item
9.K., Housine Assistance and Development A~reement (revised agreement) by
addendum.
12/12/06
Mrs. Ellis 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; Mrs. Ellis - Yes. Said
motion passed with a 5 to 0 vote.
1
~
,;
t
.
5.
APPROVAL OF MINUTES:
. NONE
6. PROCLAMATIONS:
6.A. Martin Luther Kin~. Jr. Day - Januarv 15. 2007
Mayor Perlman read and presented a proclamation hereby proclaiming
January 15, 2007 as Martin Luther King, Jr. Day in the City of Delray Beach. Lillian
Strainge came forward to accept the proclamation and stated she is the President of the
Board of Directors for the Martin Luther King, Jr. Day Celebration. She thanked the City
of Delray Beach for their contributions, in-kind services, the manpower, and for the
continued support.
7. PRESENTATIONS:
7.A. Site Plan Review and Appearance Board (SPRAB) Awards
Jose Aguila, Chairman of the Site Plan Review and Appearance Board
(SPRAB), introduced the SPRAB members and presented awards to the following
recipients:
This year's design categories and recipients include:
NEW COMMERCIAL DEVELOPMENT
Coral Trace Office Park
~ MAS Development Corporation,
(OwnerlDeveloper)
~ Steven Schwortz (Architect)
~ Kimberly Moyer (Landscape Architect)
The Meridian
~ Cary Glickstein, (OwnerlDeveloper)
~ Rustem Kuppi (Architect)
~ Debora Turner (Landscape Architect)
NEW RESIDENTIAL REDEVELOPMENT
126 Gleason Street
~ Jeffrey Silberstein (OwnerlDeveloper)
~ Jeffrey Silberstein (Architect)
~ Debora Turner (Landscape Architect)
Downtown Lofts
~ Francisco Perez-Azua (Architect)
~ Carol Borough Perez (Landscape
Architect)
EXTERIOR RENOVATIONS
NEW DO WTO WN RESIDENTIAL
DEVELOPMENT
Legacy Bank
~ Bradley Meredith and Dennis Bedley
(Owners)
~ Jess Sowards (Architect)
~ Debora Turner (Landscape Architect)
Co-Winners
-2-
12/12/06
NEW INDUSTRIAL DEVELOPMENT
~ Digby Bridges (Architect)
~ Richard Durr (Landscape Architect)
Wallace Drive Commerce Center
~ Jim Zengage (Owner)
~ Jaime Mayo (Architect)
~ Dave Bodker (Landscape Architect)
WALL SIGNAGE
NEW PUBLIC BUILDINGS
Catherine Strong Park
~ City of Delray Beach, Joe Weldon, Director
of Park and Recreation (Owner/Developer)
Maroone Nissan
~ Mike Ochoa (General Manager)
~ Paul Yesbeck (Sign Contractor)
8.
CONSENT AGENDA: City Manager Recommends Approval.
8.A. FINAL BOUNDARY PLAT APPROVALIHARTMAN
TOWNHOUSES PLAT: Approve the boundary plat for the Hartman Townhouses Plat,
located on the northwest corner ofN.E. 3rd Street and N.E. 7th Avenue.
S.B. CHANGE ORDER NO. 2/FINAL (CONTRACT
CLOSEOUT)/ALMAZAN BROTHERS. INC.: Approve Change Order No.2 in the
amount of a $9,496.00 decrease and final payment in the amount of $11,505.20 to
Almazan Brothers, Inc. for completion of the Royal Palm Drive Road Reconstruction
Project. Funding is available from 334-3162-541-65.84 (General Construction
Fund/Capital OutlaylRoyal Palm Drive).
8.C. FIRST AMENDMENT/2002 PALM BEACH COUNTY
RECREATION CULTURAL FACILITIES BONDIINTRACOASTAL
WATERWAY PARK: Approve a First Amendment to the Interlocal Agreement
between the City and Palm Beach County for increased funding for the Intracoastal
Waterway Park Project (Mangrove Park). The amendment increases the total County
Bond funding from an amount not to exceed $1,000,000.00 to an amount not to exceed
$2,000,000.00, and increases the required City match from $1,152,240.00 to
$1,606,008.00.
8.D. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-
RECIPIENT FUNDING AGREEMENTS: Approve and authorize the execution of
funding agreements with two (2) sub-recipients (Community Child Care Center d/b/a
Achievement Centers for Children and Families and the Urban League of Palm Beach
County, Inc.) under the Community Development Block Grant (CDBG) program for FY
2006-2007, with the total funding in the amount of $84,620.00 from various accounts
within the CDBG fund.
8.E. LEASE AGREEMENT FOR TEMPORARY
PARKING/PINEAPPLE GROVE. L TD: Approve a lease agreement between the City
of Delray Beach and Pineapple Grove Ltd. allowing the City to use the vacant property,
located at 105 - 115 N.E. 1st Street for public parking purposes until March 31,2007.
- 3 -
12/12/06
8.F. RATIFICATION OF APPOINTMENTS TO THE PARKING
MANAGEMENT ADVISORY BOARD: Ratify the reappointments of Mr. Peter Perri,
representative of the West Atlantic Redevelopment Coalition and Reginald Cox as the
alternative representative for two (2) year terms ending September 30, 2008.
'1
li
8.G. ADOPTION OF THE DELRAY BEACH PARKING MASTER
PLAN: Approve and adopt the Delray Beach Parking Master Plan.
8.H. AMENDMENT NO. l/S0UND INVESTMENTS BY J.W. INC.IPRO
DVD MAKERS: Approve Amendment No.1 to the agreement between the City and
Sound Investments by J.W., Inc. d/b/a Pro DVD Makers in the amount of $24,000.00 per
year for three (3) years, to maintain and upgrade our virtual tour on the City's web page.
Funding is available from 001-4111-572-46.90 (General Fund/Other RepairlMaintenance
Costs).
8.1. LICENSE AGREEMENTIBLOCK 77 DEVELOPMENT GROUP.
L.C.: Approve a license agreement between the City and Block 77 Development Group,
L.C. for the temporary use of two parcels (Lot 19, Block 69 and portions of Lots 10 and
11, Block 77) to accommodate parking for the general public, located on S.E. 1 st Avenue
just south of Atlantic Avenue.
8.J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period December 4, 2006 through December 8, 2006.
8.K AWARD OF BIDS AND CONTRACTS:
1:. Bid award to Bermuda Services, Inc. in the amount of $52,268.33
for irrigation and landscape improvements to the Chatelaine
Subdivision, in connection with the Strategic Task Team Initiative.
Funding is available from 334-6130-541-63.89 (General
Construction FundlNeighborhood Enhancement Expenditure).
2. Bid award to Gator Landscaping in an estimated annual cost of
$44,182.00 for the landscape maintenance of the Stormwater
Retention Areas and Improved Water Retention Areas. Funding is
available from 448-5416-538-34.90 (Stormwater Utility
Fund/Other Contractual Services).
3. Bid award to West Construction, Inc. in the amount of$144,007.05
for construction of the Rosemont Park Improvements, in the
Rosemont neighborhood located between S.W. 5th Avenue and
S.W. 4th Avenue. Funding is available from 334-4131-572-65.89
(General Construction FundlNeighborhood - S.W. 6th Street -
Rosemont) and 441-5161-536-65.89 (Water/Sewer Fund/
Neighborhood - S.W. 6th Street - Rosemont).
-4-
12/12/06
4. Bid award to various vendors for pipe fittings and accessories for
the City Utilities Warehouse and Construction Division at an
estimated annual cost of $231,076.79. Funding is available from
various departmental operating budgets and construction projects.
5. Bid award to Signature Systems, LLC in the amount of $18,936.45
for 8,000 square feet of Event Deck to be used to cover one clay
court for use for Tennis and other events. Funding is available
from 001-4210-575-63.90 (General Fund/Other Improvements).
6. Purchase award to Americas Generators, Inc. in the amount of
$295,057.96 for the purchase oflarge fixed and portable generators
to power various Sanitary Lift Stations, Storm Water Pump
Stations, and the North Water Re-pump Facility during power
outages. Funding is available from 442-5178-536-64.90
(Water/Sewer Renewal and Replacement Fund/Other
MachinerylEquipment), 441-5161-536-64.90 (Water/Sewer
Fund/Other MachinerylEquipment) and 448-5461-538-68.18
(Storm Water Utility Fund/Storm Water Pump Station
Rehabilitation).
Mrs. Ellis moved to approve the Consent Agenda as amended, seconded
by Mr. Fetzer. 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 time being 6:21 p.m., the Commission moved to Item
9.A.
9.
REGULAR AGENDA:
9.A. WAIVER REQUESTS/346 N.W. 7th AVENUE: Consider waiver
requests to Land Development Regulations (LDR) Section 4.3.4(K), "Development
Standards Matrix" to reduce the lot frontage, lot width and lot size for two (2) proposed
lots, located at the southwest corner of N.W. 4th Street and N.W. 7th Avenue (346 N.W.
7th Avenue). (Quasi-Judicial Hearing)
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.
Mayor Perlman asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
- 5 -
12/12/06
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2007-043 into the record.
']
Mr. Dorling stated this is one (1) un~platted corner lot and is owned by the
Delray Beach Community Land Trust and it is proposed for development as two
affordable housing units. He stated there is an existing home on it and what is being
proposed on it is a demolition of that house and then subdivision of the property to create
two lots which will front along N.W. ih Avenue. Both lots will measure 53.50 feet wide
by 135 feet deep. Neither of these proposed lots will comply with the R-1-A (Single
Family Residential) zoning district lot standards with respect to lot frontage, lot width
and lot size as further discussed in the Planning and Zoning staff report. Staff
recommends approval subject to the positive findings ofLDR Section 2.4.7(B)(5) and are
requesting that a survey be submitted to the Engineering Department as a condition of
approval.
Mayor Perlman stated if there is anyone from the public who would like to
speak in favor or in opposition of the waiver requests, to please come forward at this
time. No one from the public came forward to address the Commission about the waiver
requests.
The Assistant City Attorney briefly reviewed the Board Order with the
Commission who made findings according to their consensus (attached hereto is a copy
and made an official part ofthe minutes).
Mrs. Montague moved to approve the waiver requests, seconded by Mr.
Fetzer. Upon roll call the Commission voted as follows: Mrs. Montague - Yes; Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion
passed with a 5 to 0 vote.
9.B. WAIVER REQUEST/510 SEAGATE DRIVE: Consider a request for
waiver of Land Development Regulations (LDR) Section 6.1.3(D)(1 )(b), "Sidewalks"
associated with a two-story addition to an existing single family residence, located at 510
Seagate Drive, within the Beach Overlay District. (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.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning project file #2007-008 into the record.
Mr. Dorling stated this is a proposal to add a two-story addition to an
existing two-story single family residence. Pursuant to LDR Section 6.1.3 (B)(I), a 5
foot sidewalk is required. There are no sidewalks along Seagate Drive or Melaleuca
Road or in the vicinity of the subject property. Therefore, the applicant is requesting this
relief. Positive findings are made in the staff report with respect to LDR Section 2.4.7
-6-
12/12/06
(B)(5) and staff recommends approval of the waiver.
The Assistant City Attorney briefly reviewed the Board Order with the
Commission who made findings according to their consensus (attached hereto is a copy
and made an official part ofthe minutes).
Mr. Fetzer moved to approve the waiver request for 510 Seagate Drive,
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.
9.C. WAIVER REQUEST/SUN AMERICAN BANK: Consider a request
for waiver of Land Development Regulations (LDR) Section 2.4.6(F), "Temporary Use
Permit", to allow a temporary pre-fab building for Sun American Bank, located on the
north side of S.E. 6th Street, between S.E. 5th Avenue and S.E. 6th 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.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2007-053 into the record.
Mr. Dorling stated this is a request for a temporary pre-fab building to
house the Sun American Bank and would be located on their proposed site between the
Federal Highway pairs north of S.E. 6th Street. He stated the site plan has been approved
by the Site Plan Review and Appearance Board (SPRAB) on September 13, 2006 and is a
3,184 square foot bank. The developer is now requesting to place a 1,960 square foot
pre-fabricated building to serve as a temporary banking facility prior to and during the
construction of the permanent facility. The temporary facility will be located to the east
of the permanent structure with a new drive-thru land and 18 parking spaces (including a
handicap parking space). Mr. Dorling stated LDR Section 2.4.6(F)(1) states that no
temporary uses are allowed unless they are specifically listed under the temporary use
permit section. Staff recommends a 24-month timeframe which they feel is adequate for
the developer to build the facility. Staff recommends approval of the waiver to allow for
a temporary bank building for a period not to exceed 24 months, based upon positive
findings with respect to LDR Section 2.4.7(B)(5), subject to the following conditions: (1)
That a Class II site plan modification is processed and approval obtained from the Site
Plan Review and Appearance Board, (2) That the site be fully restored in compliance
with the approved Class V site plan for Sun American Bank once the trailer is removed;
and, (3) That the temporary use permit for the trailer is to be issued in conjunction with
the building permit issuance associated with the permanent improvements for the bank.
- 7 -
12/12/06
Keith Chambers. Architect with KCA Desi2:D Group. Inc. stated the
bank is very excited about becoming an active member in the City of Delray Beach and
this is why they are applying for a temporary bank building in this facility. Mr.
Chambers stated they are looking to establish this building in the facility and would like
to tie this structure to the construction of the existing building. He stated they are in the
process of designing the building now and received site plan approval but have not
finalized the interior and the layout and it will be another few months before they can
actually finish the construction drawings. He stated 24 months is acceptable but would
like to get the building up and running as soon as possible.
1
,
i
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of the waiver request, to please come forward at this time.
Mr. Dorling stated the reason for having it tied into the building permit is
to make sure the improvements get done.
The Assistant City Attorney briefly reviewed the Board Order with the
Commission who made finding according to their consensus (attached hereto is a copy
and made an official part of the minutes).
Prior to the vote, Mrs. Montague asked if they are required to begin
construction within a certain time frame. Mr. Dorling stated their site plan is valid for 24
months; if they want to continue to have an approved site plan they would need to either
construct 25% of their improvements within 24 months or they would then be required to
come in for an extension request for their site plan.
Mrs. Ellis moved to approve the waiver to allow a temporary bank
building for Sun American Bank for a period not to exceed 24 months and subject to the
conditions listed on page 2 of the Planning and Zoning staff report, seconded by Mr.
Fetzer. 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. WAIVER REQUEST/OLD NEAL'S MARKET/A TO Z
AUTOMOTIVE: Consider a request for waiver of Land Development Regulations
(LDR) Section 2.4.6(F)(3)(e), "Temporary Parking Lots", to allow temporary parking in
the lot located at the corner of N.E. 1st Street between N.E. 1 st Street and N.E. 2nd
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. Mr. Levinson and Mrs. Montague stated they had no ex parte
communications to disclose. Mayor Perlman stated he had some discussions with staff,
Bob Barcinski and Dick Hasko regarding getting this as a temporary parking lot. Mrs.
Ellis stated she has had some discussions with staff as well. Mr. Fetzer stated he had no
ex parte communications to disclose.
- 8 -
12/12/06
Scott Aronson, Parking Management Specialist, stated the City
Commission has directed staff to find any and all properties for temporary parking until
the parking garages are built to get us through this holiday season. Staff has negotiated
several properties including the Old Neal's Market to provide such temporary parking. In
order to do so, there were some waivers that were required to the temporary parking lot
standards and design that needed to be done. Mr. Aronson stated the temporary contract
is through March and therefore is for a period of three months. He stated this lot will not
have an irrigation plan or landscaping plan and will be surrounded by a perimeter fence.
Review of a temporary lot permit would have to go before the Parking Management
Advisory Board (PMAB). A temporary lot has certain specifications that need to be
constructed with respect to compaction and grading. Pursuant to LDR 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.
Brief discussion followed between Mr. Aronson and Commissioner
Montague regarding the timeframe of when the temporary lighting would be in place.
The City Manager stated if necessary the City can use portable lighting.
Mayor Perlman thanked Mr. Aronson, Dick Hasko and Bob Barcinski for
taking care of this.
The Assistant City Attorney briefly reviewed the Board Order with the
Commission who made finding according to their consensus (attached hereto is a copy
and made an official part ofthe minutes).
Mrs. Ellis moved to approve the waiver request to allow temporary
parking in the lot located at the corner of N.E. 1st Street between N.E. 1 st Street and N.E.
2nd Avenue, 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.
9.E. DISCUSSION/2007 ANNUAL TOWN HALL MEETING: Provide
direction regarding the 2007 Annual Town Hall Meeting.
The City Manager stated on a couple of different occasions the
Commission has talked about changing the format and doing something different from
what we currently have because many people do not feel comfortable speaking at the
Town Hall Meeting. He asked for direction from the Commission as to what they would
like to do instead. He stated the Infrastructure Hearing is a requirement for Planning and
Zoning and will still be part of the meeting. The City Manager stated if we are going to
have a Town Hall Meeting we need to start working on it and if not, we need to start
thinking in a different direction.
Mayor Perlman stated he would like to do a different format.
-9-
12/12/06
Mr. Levinson concurred with comments expressed by Mayor Perlman and
feels we need to find a better methodology.
1
J
Mayor Perlman stated Governing Magazine referred to America
Speaks.org and explained it is a facilitated discussion with small group tables and a guide
provided to people and there is background material given to people on issues of current
discussion and relevance. He stated when people leave the meeting there is already a
report card summarizing the different input from the evening.
Mr. Fetzer asked if this can be accomplished with one meeting. The
Commission concurred that one meeting should be sufficient.
Brief discussion followed over the attendance and the City Manager stated
in the past there have been approximately 100-150 with 200 people maximum.
Mayor Perlman suggested that there be between 15-20 tables with
facilitators at each table.
Mr. Levinson stated the material would be useful for the Goal Setting for
the Commission. He feels if there are reports and ideas that come from the Town Hall
Meeting this can help craft the discussion for the Goal Setting sessions.
Mrs. Montague stated reports are presented at the Town Hall Meetings via
the Community Redevelopment Agency (CRA) and asked how this would work in this
format. Mayor Perlman stated you can still have the presentations but the public input
would be facilitated discussions where people would feel more comfortable. He stated
there is a lot of valuable information presented the evening of the Town Hall Meeting in
terms of what is happening in Planning and Zoning and the CRA. Mayor Perlman stated
he would prefer to keep this portion of the Town Hall Meeting because there is such
valuable information and there are written materials.
Mr. Levinson stated generally there is a PowerPoint presentation and a
written presentation and suggested that this be placed on the web.
Mayor Perlman asked about the venue and Mr. Levinson stated this would
be left up to staff.
Mrs. Ellis stated she likes that we include the presentations because it is
very valuable information. She stated as long as it is open to the public she feels it is a
great format.
Mrs. Montague stated the recording of the Town Hall Meeting was
repeated on BRET last year. Mr. Levinson stated the presentation portion is what was
recorded and this could be done again by BRET. The City Manager suggested sending
the meeting out live this year. Mrs. Montague asked if the City Manager can give the
Commission a timeframe. The City Manager stated by the time of the next Commission
meeting staff can obtain the venue, etc.
- 10-
12/12/06
9.F. FY 2007 PEFORMANCE MEASURES/GOLF COURSES AND
TENNIS FACILITIES: Consider approval of proposed performance measures for FY
2007 for the Municipal Golf Course, Lakeview Golf Course, and Tennis Facilities.
Robert A. Barcinski, Assistant City Manager, stated this is a request for
the Commission to approve the performance measures proposed for fiscal year 2007 for
the Municipal golf course, Lakeview golf course and the tennis facilities. Staff reviewed
and have discussed with JCD Sports Group staff and made a few adjustments.
Mrs. Ellis moved to approve the proposed performance measures for fiscal
year 2007 for the Municipal golf course, Lakeview golf course and tennis facilities,
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.
9.G. CREATIVE CITY COLLABORATIVE: Consider the establishment of
a Creative City Collaborative OrganizationallIncorporation Committee and provide
direction on its formation and tasks.
Robert A. Barcinski, Assistant City Manager, stated at its meeting of
November 21, 2006, the City Commission received a presentation from Mr. Tom Jones
and it was the consensus of the Commission to set this up as a 501(C)(3). However, Mr.
Barcinski stated in other discussions by the Commission it was suggested that we do
something in the interim (i.e. City Committee/Incorporation Committee or Organizational
Committee) that could review the by-laws.
Mr. Levinson suggested that the Attorney not be on the committee but a
support to the committee.
Mrs. Montague inquired about representation from the Library Board. Mr.
Barcinski stated he was trying to keep this committee to a minimum. Mrs. Montague
stated she has always perceived the Library, Old School Square and EPOCH the cultural
foundations.
Mayor Perlman stated they can take the attorney off and add a library
representati ve.
Mrs. Ellis stated this committee is completely different than the
composition of the ultimate Board for this cultural alliance. She stated she can
understand us needing a committee to help to get the formation underway in deciding
what the values will be here. Mrs. Ellis stated she wants this to succeed because she
believes it is a good initiative to get started. She stated the Commission has agreed that
this should be an organization that would be self-sustaining. Mrs. Ellis stated she would
really like to see this succeed but she does not want the Commission to lose site of what
we expect the outcome to be.
- 11 -
12/12/06
Mayor Perlman stated the goal is to expand the pie and begin to find a way
where we can bring more money into the community for cultural uses. Mayor Perlman
stated he believes the City will always be in the business of supporting the non-profits to
some level. He would like us to expand the pie so there is less of an obligation on the
taxpayer and more money brought in from the private sector.
, 1
Mayor Perlman asked about staff support for this. Mr. Barcinski stated
initially the City would have to provide staff support to assist. The City Manager stated
this would be a transition because eventually they will have their own staff. Mayor
Perlman asked if staff will be advertising for Board members. Mr. Barcinski stated staff
will be advertising for Board members.
Mr. Levinson moved to approve to establish the Creative City
Collaborative Organization/Incorporation Committee in accordance with the
memorandum as set forth in the Agenda, seconded by Mrs. Montague. Upon roll call the
Commission voted as follows: Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis -
Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 7:00 p.m., the Commission moved to Item
10, Public Hearings portion of the Agenda.
10.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 68-06 (FIRST READING/FIRST PUBLIC
HEARING): City initiated amendments to the Land Development Regulations (LDR)
which intend to clarify the current regulations, provide parameters, and define compatible
development within the historic districts. The amendments are primarily based on
recommendations provided by REG Architects, the consultants hired during the
moratorium to find resolutions to the recent concerns over the level and type of
development affecting historic preservation efforts within all five (5) of the City's
historic districts. Ifpassed, a public hearing will be scheduled for January 2,2007. (This
ordinance is postponed to provide the Historic Preservation Board the opportunity to
make recommendations and staff has asked REG Architects, Inc. to test the proposed
guidelines on certain homes in the historic districts.)
The caption of Ordinance No. 68-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRA Y BEACH
BY AMENDING SECTIONS 1.4.3, "ENFORCEMENT"
AND 1.4.4, "PENALTY", PROVIDING THAT
NEGLECT SHALL CONSTITUTE A NUISANCE AND
PROVIDING FOR ENFORCEMENT AND PENALTIES;
AMENDING SECTION 2.2.6, "THE HISTORIC
PRESERVATION BOARD", SUBSECTION (C),
"MEETING AND QUORUM", PROVIDING FOR
- 12 -
12/12/06
VOTING; AMENDING SECTION 2.4.6, "PROCEDURES
FOR OBTAINING PERMITS", SUBSECTION (H),
"CERTIFICATE OF APPROPRIATENESS FOR
HISTORIC SITES, STRUCTURES, AND IN HISTORIC
DISTRICTS", BY PROVIDING DOCUMENTATION
FOR DEMOLITIONS; AMENDING SECTION 3.2.4,
"STANDARDS FOR SPECIFIC AREAS OR
PURPOSES", SUBSECTION 3.2.4(E), "HISTORIC
DISTRICTS AND SITES", PROVIDING FOR AND
INCORPORATING THE DELRA Y BEACH HISTORIC
PRESERVATION DESIGN GUIDELINES AND THE
SECRETARY OF THE INTERIOR STANDARDS FOR
REHABILITATION; AMENDING SECTION 4.1.4, "USE
OF LOTS OF RECORD", SUBSECTION 4.1.4(E), TO
PROVIDE FOR VARIANCES; AMENDING SECTION
4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC
USES", SUBSECTION (Q), "GUEST COTTAGE" TO
PROVIDE THAT HEIGHT SHALL NOT EXCEED
THAT OF MAIN STRUCTURE IN HISTORIC
DISTRICTS; AMENDING SECTION 4.4.17,
"RESIDENTIAL OFFICE (RO) DISTRICT",
SUBSECTIONS 4.4.17(A), "PURPOSE AND INTENT",
AND 4.4. 17(G), "SUPPLEMENTAL DISTRICT
REGULATIONS", PROVIDING FOR CONVERSION OF
RESIDENTIAL STRUCTURES INTO OFFICE USE IN
HISTORIC DISTRICTS; AMENDING SECTION 4.4.24,
"OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT
(OS SHAD)", SUBSECTIONS 4.4.24(D),
"CONDITIONAL USES" AND 4.4.24(H), "SPECIAL
DISTRICT REGULATIONS", PROVIDING PUBLIC
PARKING LOTS NOT ASSOCIATED WITH A USE
ARE ALLOWED AS CONDITIONAL USES AND
CLARIFYING SPECIAL DISTRICT REGULATIONS;
AMENDING SECTION 4.5.1, "HISTORIC
PRESERVATION SITES AND DISTRICTS",
SUBSECTION 4.5.1(B), "CRITERIA FOR
DESIGNATION OF HISTORIC SITES OR DISTRICTS",
4.5.1(E), "DEVELOPMENT STANDARDS", 4.5.1 (F),
"RESTRICTIONS ON DEMOLITIONS", AND 4.5.1(1),
"HISTORIC PRESERVATION BOARD TO ACT ON
SITE PLANS, LANDSCAPE PLANS AND
ARCHITECTURAL ELEVATIONS", BY PROVIDING
CLARIFICATION REGARDING FENCES AND
PARKING IN HISTORIC DISTRICTS,
COMPATffiILITY STANDARDS, AND ADDITIONAL
REQUIREMENTS FOR DEMOLITION
APPLICATIONS; AND AMENDING APPENDIX "A",
- 13 -
12/12/06
"DEFINITIONS", TO PROVIDE A NEW DEFINITION
FOR "HARDSCAPE" AND AMENDING THE
DEFINITIONS FOR "CONTRIBUTING" AND ''NON-
CONTRIBUTING" STRUCTURES; PROVIDING A
SAVINGS CLAUSE, A GENERAL REPEALER
CLAUSE AND AN EFFECTIVE DATE.
1
f
~
~
(The official copy of Ordinance No. 68-06 is on file in the City Clerk's
office. )
Mayor Perlman stated Ordinance No. 68-06 has been postponed to provide
the Historic Preservation Board (HPB) the opportunity to make recommendations. Staff
has asked the consultant for the Historic Preservation Guidelines (REG Architects) to test
the guidelines on certain homes in the historic districts. Mayor Perlman asked when the
test will happen and when the results will be back.
Paul Dorling, Director of Planning and Zoning, stated staff met with them
today and the test results should be completed around January 16th, 17t\ or 18th.
Mrs. Ellis moved to postpone Ordinance No. 68-06 to a date not certain,
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.
10.8. ORDINANCE NO. 76-06 (FIRST READING/FIRST PUBLIC
HEARING): City initiated amendments to the Land Development Regulations enacting
Section 4.3.3(DDD), "Day and Night Treatment with Community Housing" to provide
for regulation of these new housing arrangements defined in the Florida Administrative
Code, that provide housing only to individuals who are substance abuse impaired or in
recovery; adding "Day and Night Treatment with Community Housing" as a Conditional
Use within the Medium Density Residential (RM), General Commercial (GC), Central
Business District (CBD), Professional and Office District (POD), Residential Office
(RO), Community Facilities (CF) and Old School Square Historic Arts District
(OS SHAD) zoning districts; amending Appendix "A", "Definitions", to provide a
definition for "Day and Night Treatment with Community Housing". Ifpassed, a public
hearing will be scheduled for January 2,2007.
The caption of Ordinance No. 76-06 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,
BY AMENDING SECTION 4.3.3, "SPECIAL
REQUIREMENTS FOR SPECIFIC USES", BY
ENACTING SECTION 4.3.3(DDD), "DAY AND NIGHT
TREATMENT WITH COMMUNITY HOUSING", TO
- 14-
12/12/06
PROVIDE LOCAL REGULATIONS GOVERNING DAY
AND NIGHT TREATMENT WITH COMMUNITY
HOUSING; AMENDING SECTIONS 4.4.6, "MEDIUM
DENSITY RESIDENTIAL (RM) DISTRICT"; 4.4.9
"GENERAL COMMERCIAL (GC) DISTRICT", 4.4.13,
"CENTRAL BUSINESS (CBD) DISTRICT," 4.4.16,
"PROFESSIONAL AND OFFICE (POD) DISTRICT,"
4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT",
4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT,"
AND 4.4.24, "OLD SCHOOL SQUARE HISTORIC
ARTS DISTRICT (OS SHAD)", TO ADD "DAY AND
NIGHT TREATMENT WITH COMMUNITY HOUSING"
AS CONDITIONAL USES AND STRUCTURES
ALLOWED; AMENDING APPENDIX "A", "TERM
AND DEFINITION," ADDING THE DEFINITION OF
"DAY AND NIGHT TREATMENT WITH
COMMUNITY HOUSING"; PROVIDING A SAVINGS
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 76-06 is on file in the City Clerk's
office.)
The Assistant City Attorney read the caption of the ordinance. A public
hearing was held having been legally advertised in compliance with the laws of the State
of Florida and the Charter ofthe City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated the administrative
code has recently been amended to include a new housing arrangement known as day and
night treatment with community housing which provides housing only to individuals
recovering from substance abuse. This use was previously known as a residential license
service provider facility and is in the City's code as a conditional use in the same
districts. The name is now changed and these facilities have taken the position that they
no longer require a conditional use because they are not called residential license service
providers but are called day and night treatment facilities with community housing. This
amendment attempts to say that regardless of what you call it you are still required a
conditional use under these districts. Mr. Dorling stated this is not being added to the
districts and noted it is currently allowed as a conditional use. .
At its meeting of November 20, 2006, the Planning and Zoning Board
considered this text amendment and the Board recommended approval with a 4 to 0 vote
(Eliopoulos, McDuffie and Halberg absent).
Mayor Perlman declared the public hearing open.
- 15 -
12/12/06
Cara Sansonia. speakine: on behalf of WeUness Resource Center (a
licensed dav/ni~ht community housin~ pro~ram). opposes the proposal because day
and night community housing is already adequately regulated and besides being fully
licensed the program is a highly accredited program that adheres to the highest standards
in this field.
'1
James Green. Attorney in West Palm Beach. speakin~ on behalf of the
Caron Foundation. which operates a multi unit complex called "Fairways on the
Green", stated there is nothing in his view in the new state regulation of day and night
treatment with community housing that suggests or necessitates any kind of local
regulation. Mr. Green stated at Fairways on the Green people in recovery will reside at
their multi-unit apartment complex and will receive day and night treatment at a
completely separate location. He stated this is over regulation and there is no need that
has been shown as to why it should be regulated in the first place. Mr. Green stated this
is not necessary and urged the Commission to not support this ordinance on first reading.
Michael Weiner. Attorney with Weiner and Aronson. P.A.. 102 North
Swinton Avenue. Delray Beach. speakinl! on behalf of the Caron Foundation. stated
Mr. Green is an expert in the area when dealing with recovering populations and their
rights under both the Fair Housing Act and Americans with Disability Act. Mr. Weiner
confirmed that although this is the first of two readings that there will be a second
reading/second public hearing and that there will be additional testimony. He stated in
between, they will be submitting things to the City so that the City Commission can see
this ordinance is not wise with respect to public policy and contravenes some important
state statutes and rights.
~
f
I.
f
,
J
Mayor Perlman stated if this ordinance passes this evening there will be a
public hearing scheduled for January 2, 2007 and inquired whether this will be quasi-
judicial in nature. The Assistant City Attorney stated this would just be another public
hearing since this is just a rezoning.
There being no one else who wished to address the Commission regarding
Ordinance No. 76-06, the public hearing was closed.
Mayor Perlman commented about the testimony this evening from Ms.
Sansonia and Mr. Green about there not being a need for this and that the Florida
Administrative Code takes care of this and to the charge of over regulation.
Mrs. Barton stated she does not believe that there is an over regulation at
the state level and noted that this is a new category that is regulated a lot less than it has
been regulated in the past when it was called something different.
Mrs. Montague asked why the new category was created.
Mrs. Barton stated she has had conversations with the Department of
Children and Families which is the regulatory agency that oversees these type of facilities
and it is her understanding that these types of facilities (residential component of what
- 16 -
12/12/06
was known as the license service provider facilities) came forward and expressed some
concerns about a law that was passed in 2002 that regulated them at that time. Therefore,
they lobbied to have the administrative code rules amended to provide a new category.
Mrs. Barton stated it amended the administrative code rule and did not amend the state
statutes. The administrative code rules for Florida regulate state agencies that oversee
many different types of professions. This is more of an advisory rather than a regulatory
amendment.
Mayor Perlman stated he received a letter from Department of Children
and Families (DCF) and it is very vague and outlines a lot of concerns without giving a
reason why. He stated he would like to know more about what DCF is objecting to
specifically and then he would like City staff to respond to DCF's concerns. Mrs. Barton
stated staff can review the letter and address Mayor Perlman's concerns and/or DCF's
concerns.
Mrs. Ellis moved to approve Ordinance No. 76-06 on First Reading/First
Public Hearing, seconded by Mr. Levinson. Upon roll call the Commission voted as
follows: Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes;
Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 11, Comments and
Inquiries on Non-Agenda Items from the City Manager and the Public.
H.A.
City Manaeer's response to prior public comments and inQuiries.
The City Manager stated at the last Commission meeting several residents
from S.B. ih Avenue expressed concern about how the proposed amendments to the
historic district regulations might affect them. He stated between the City's consultant
and staff, staff intends to examine each one of the properties in that block to see exactly
how they would be impacted by these regulations to see if there needs to be some
modification or to see if staff overlooked something so that staff and the Commission can
know precisely what the impact is on these particular properties.
Secondly, he stated Mr. Anderson (principal of Pine Grove Elementary
School) expressed concern about traffic speeds in the morning. The City Manager stated
the Police Department has directed police officers to monitor traffic both in the morning
and the afternoon.
H.B.
From the Public.
H.RI. Vincent Dole. 245 N.E. sth Avenue. Delray Beach. speaking on behalf of
Friends of Delray (the largest civic education organization in Delray Beach),
congratulated and commended the City Commission on the great success of the Delray
Beach Community Land Trust (CLT). He stated in such a short period of time great
progress has been made.
Mr. Levinson thanked Friends of Delray for getting the word out in the
community.
- 17 -
12/12/06
H.B.2. Steve Harsnett. 405 S.E. 7th Avenue~ Delrav Beach (homeowner in the
Marina Historic District) asked for clarification from the City Manager on his previous
comment that the proposed guidelines would be looked at relative to homes in the section
of S.E. 7th Avenue. Mr. Harsnett asked if he means a specific block or specific homes or
in general all of the Marina Historic District.
1
The City Manager stated specifically this would include the 300 block and
a few homes in the 400 block. Mr. Harsnett asked if this would include the new homes
that have recently been constructed as well as the few homes that have been designated
contributing if in fact they are contributing. The City Manager stated the City would look
at each property regardless of their age. Mr. Harsnett commented about the petition that
was submitted to the Commission from the homeowners of the 300 block asking for
consideration of succession from the historic district. He asked if looking at these homes
could in some way impact the future of that block in the historic district. The City
Manager explained this is within the Commission's purview and is not an administrative
issue. Mayor Perlman stated he has given this consideration and he will not support it.
H.B.3. Ellen Kev. 321 S.E. 7th Avenue. Delrav Beach. suggested when the
Commission reviews these guidelines that they pull up the 1988 listing when the Marina
Historic District was first formed. She stated they listed what they were going to do and
what they were not going to do and one of those things that she feels is very important is
that they would not restrict a homeowner's property rights. Mrs. Key stated in her block
there is maybe one house that is considered historic and she does not understand why the
property rights of 15 other houses in the 300 block get brought down because of one. She
urged the Commission that a compromise be made and that everyone's rights are taken
into consideration.
H.B.4. Matthew Grabham. 350 S.E. 7th Avenue. Delrav Beach. asked for
clarification with respect to the testing of the historic guidelines. He stated if the LDR's
are different from the original guidelines and the guidelines are being changed, which
guidelines are going to be used for the test and can these be published. Mr. Grabham
asked if anyone has considered allowing any Delray Beach architects to perform the
testing rather than the company which offered the guidelines. He inquired whether or not
there was an opportunity to go out to bid to perform the testing.
H.B.5. Chuck Kev. 325 S.E. 7th Avenue~ Delrav Beach. asked if there is going
to be a public hearing on January 2,2007 or will it be on January 17, 2007 with the study.
He requested that when the study is performed, that at least one home is waterfront
property.
Mayor Perlman stated there is not a hearing on January 2, 2007 because
the consultant will not be done until January 19th.
The City Manager stated the City will look at all of the houses in the 300
block both on the waterfront and off the waterfront; however, he stated he is not sure how
many homes REG (consultant) will look at and how many someone else may look at.
The calculations will be done for all the homes.
- 18 -
12/12/06
H.B.6. Francisco Perez-Azua. (a local architect). expressed concern over the
blanket guidelines for all of the historic districts although the districts are different. He
stated the guidelines supplement describes the districts with different chapters for each
district. Mr. Perez-Azua stated the guidelines themselves describe the districts, talk about
the different characteristics of the district and the different styles in the districts.
However, then it goes into the recommendations portion with the angle lines, etc. He
stated this should be within each district and noted those are general. Mr. Perez-Azua
stated the guidelines, numbers, angles and formulas are not by district.
H.B.7. Jose Herrera. 14897 Whatley Road. Delrav Beach. thanked the City
Commission for annexing his neighborhood a few years ago and for the road
improvements that have been done.
Secondly, Mr. Herrera stated he is on the Police Advisory Board and
reported that last night over 22 members of the community attended the Police Advisory
Board meeting. He also commented about the Police Department and stated the crime
has decreased in Delray Beach.
H.B.8. Anita Dietrich. 238 S.E. 7th Avenue. Delrav Beach. stated her husband
bought a home that is designated historic (approximately 1985) before the area was ever
designated historic. She stated they had a baby and quickly outgrew the house. Mrs.
Dietrich stated they went through all the proper procedures when Pat Cayce was
employed with the City of Delray Beach and had a beautiful addition done. She stated
they now have four children and one is a drummer and they are looking to build a single
car garage with a small apartment above the garage. Mrs. Dietrich stated she recently
met with the Planning Director who gave her the impression that if you are going to
outgrow your house you need to not be in a historic area. She stated they are
homeowners on a street that want to be able to use their properties with the rights that
they have and she urged the Commission to look at them as individuals and not as a
group of people coming against the city.
At this point, the time being 7:35 p.m., the Commission moved back to
Item 9.H., Housing Assistance and Development Agreement.
9.H. HOUSING ASSISTANCE AND DEVELOPMENT AGREEMENT:
Consider approval of the final Housing Assistance and Development Agreement between
Midtown Delray, LLC and the City of Delray Beach, Delray Beach Community Land
Trust, Inc., and the Delray Beach Chamber of Commerce for the development of
workforce housing.
Brian Shutt, Assistant City Attorney, stated this is an agreement between
the City of Delray Beach, Midtown Delray, LLC, the Delray Beach Chamber of
Commerce and the Delray Beach Community Land Trust, Inc. and the developer will
provide that 25% of homes out of 124 homes (32 units) will be for essential services
personnel at a certain workforce housing rate.
- 19-
12/12/06
Mr. Fetzer moved to approve the Housing Assistance and Development
Agreement between Midtown Delray LLC, the City of Delray Beach, the Delray Beach
Community Land Trust, Inc. and the Delray Beach Chamber of Commerce for the
development of workforce housing, seconded by Mrs. Ellis. Upon roll call the
Commission voted as follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague-
Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote.
1
t
'~
}
9.1. BID A W ARDSIMUL TIPLE VENDORS: Consider approval of
multiple bid awards in an estimated annual cost of $102,000.00 for the purchase and
delivery of various medical and drug supplies for the Fire Department via Bid #2006-43.
Some of the recommended bid awards are not to the lowest bidder. Funding is available
from 001-2315-526-52.20 (General Fund/General Operating Supplies) FY 2007.
Mrs. Ellis moved to approve multiple bid awards in the estimated annual
cost of $102,000, 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.
9.J. AGREEMENTIUNITED STATES TENNIS ASSOCIATION
INC.(USTA)/ FED CUP TIE: Consider approval of a Host Facility Agreement with the
United States Tennis Association, Inc. (UST A) for the Fed Cup Tie to be held at the
Tennis Center on April 21-22, 2007.
Robert A. Barcinski, Assistant City Manager, stated this item is before the
Commission for consideration of an agreement with the United States Tennis
Association, Inc. (UST A) for Delray Beach to be the host site for the Fed Cup Tie to be
held at the Tennis Center on April 21-22, 2007.
I
j
Mayor Perlman thanked Mr. Barcinski for all his hard work on this and
also thanked JCD Sports. Mayor Perlman stated this provides excitement and economic
impact into the community.
The City Manager stated he would like to find a national level firm to help
market the sponsorships the City has. He stated the UST A has given them some leads on
firms that do this in some other communities. Mr. Barcinski stated he spoke today with a
man from New York and he will have a proposal to the City in the next few days.
Mrs. Montague moved to approve the Host Facility Agreement with the
United States Tennis Association, Inc. (USTA) for the Fed Cup Tie to be held at the
Tennis Center on April 21-22, 2007, 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.
- 20-
12/12/06
9.K HOUSING ASSISTANCE AND DEVELOPMENT AGREEMENT:
Consider a request regarding the Housing Assistance and Development Agreement
between Auburn Trace, LTD and the City of Delray Beach for the development of
workforce housing relative to the Community Work Force Housing Innovation Program
(CWHIP). (ADDENDUM)
Brian Shutt, Assistant City Attorney, stated the City of Delray Beach will
not be providing the credit counseling services but will assist in identifying providers.
He stated the agreement essentially contains the same terms and conditions of 25%;
however, the number of homes has changed.
Mr. Levinson stated the Community Land Trust (CLT) did not have
sufficient time to negotiate this.
Mrs. Montague stated she understands that this does not preclude the
Delray Beach Housing Authority or the Community Land Trust (CL T) coming in as
partners at any time. The City Manager stated the application needs a public partner.
Mrs. Ellis moved to approve the request regarding the Housing Assistance
and Development Agreement between Auburn Trace, LTD and the City of Delray Beach
for the development of workforce housing relative to the Community Work Force
Innovation Program (CWHIP), 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.
12.
FIRST READINGS:
12.A.
13.
NONE
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A.
City Manaeer
The City Manager wished everyone a great holiday season.
13.B. City Attornev
The City Attorney had no comments or inquiries on non-agenda items.
13.C.
13.C.t.
City Commission
Mr. Fetzer
Mr. Fetzer had no comments or inquiries on non-agenda items.
- 21 -
12/12/06
13.C.2.
Mrs. Ellis
1
Mrs. Ellis stated she had a great time at the holiday parade Saturday
evening. She stated there was a great crowd and she really appreciated what the staff did.
Mrs. Ellis commended Danielle Beardsley for her hard work with making this all come
together.
Secondly, she stated she will be on vacation and will not be able to attend
the Employee Appreciation Luncheon on Wednesday, December 20, 2006.
13.C.3.
Mrs. Montaeue
Mrs. Montague commented about the holiday concert with the Delray
Beach Community Choir and stated Mr. Perry Stokes and Mr. Bill Wood both sang. She
stated the concert was thoroughly enjoyed by everyone and noted Mrs. Libby Wesley
attended and looked incredible. Mrs. Montague stated she had a great time and former
Commissioner Alberta McCarthy was also featured.
She stated the holiday parade was wonderful and she enjoyed her car with
Pame Williams, Administrative Assistant. Mrs. Montague thanked the City staff for
putting on an incredible event.
13.C.4.
Mr. Levinson
Mr. Levinson congratulated Pine Grove Elementary School who was the
best overall winner of the parade.
Secondly, he stated Tilt-con Corporation of Altamonte Springs won the
prestigious Merit Award in the 2006 Associated Builders and Contractors (ABC)
Excellence in Construction Awards competition. Mr. Levinson stated the award was
presented in the concrete category for the new multi-million dollar Atlantic High School
in Delray Beach.
13.C.5.
Mavor Perlman
Mayor Perlman commented about reporters leaving before the end of the
Commission meeting.
He stated he received a letter regarding the Lakeview issue and asked that
the City Manager respond for him. Mayor Perlman stated everyone has worked very
hard to come to a reasonable compromise regarding this issue.
Mayor Perlman read a letter into the record from a soldier stationed in Iraq
who received a package from the Project Holiday. He stated the soldier is from Delray
Beach and he attended Pine Grove Elementary School 40 years ago and noted Sergeant
John Evans ofthe Police Department is his younger brother.
- 22-
12/12/06
Mayor Perlman stated he attended a meeting yesterday that Sheriff Ric
Bradshaw convened and experts from the FBI and the Multi-Agency Gang Task Force
attended and elected officials were invited. Mayor Perlman stated they estimate that
there are approximately 3,000 members of street gangs and national gangs here in Palm
Beach County. He stated the videos are very violent and some of the videos are
packaged and sold at major retailers. He stated they also have myspace.com pages which
help the detectives. However, he stated everyone needs to be aware of this and the city
needs to craft a strategy. Mayor Perlman stated he spoke to Police Chief Schroeder about
bringing the PowerPoint presentation given by the detectives from the Multi-Agency
Gang Task Force about the issue with street gangs in Palm Beach County to a future
Workshop meeting. Mayor Perlman stated this will need to be a County-wide effort to
address the problem. He stated their concern is that municipalities are not ready for what
the new reality is in terms of youth violence in Palm Beach County.
Mr. Levinson stated he was on the Youth Violence Prevention Task Force
for the League of Cities and what is really scary is to hear the School Board police talk
about what goes on in schooL He stated last week the County authorized the first three
empowerment centers which was one of the recommendations of the Youth Violence
Prevention Task Force and there will be a total of five centers (Lake Worth, West Palm,
Riviera Beach, one more in the Glades and one more in West Palm Beach). Mr.
Levinson stated West Palm Beach modeled their center after Delray Beach's 505 Teen
Club. Mr. Levinson stated the key is to provide kids something to do that is meaningful
that provides them money (i.e. job) so that they are not lured into these gangs because of
the money. Mayor Perlman stated they were told that players of high school, college, and
even pro football games and throw out hand signals (when they scan the bench) of their
gangs. Mayor Perlman stated it is an industry that is making serious money off music
(i.e. rap), etc. and noted it is very sophisticated. Mayor Perlman stated this is a
community effort and cannot be viewed as just the Police Department is going to be
asked to solve. He stated it has to start in the household and churches.
Mayor Perlman wished everyone a happy and healthy holiday season.
There being no further business, Mayor Perlman declared the meeting
adjourned at 8:03 p.m.
~S:2.~~
City Clerk
ATTEST:
~l,!{
OR "-
- 23-
12/12/06
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 December 12,2006, which Minutes were formally approved and adopted by the City
Commission on January 16, 2007
1
t
f
!
~~ ,'- ~~. ~\~~~
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-
12/12/06
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORIDA
WAIVER REQUEST FOR 510 SEAGATE DRIVE
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRA Y BEACH, FLORIDA
1. These waiver requests have come before the City Commission on
pecember 12, 2006.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request from the property
located at 510 Seagate Drive. All of the evidence is a part of the record in this case.
Required findings are made in accordance with Subsection I.
I. WAIVER:
LDR Section 6.1.3(B)(1) requires the construction of a sidewalk, the Applicant has
requested a waiver from this requirement.
Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body
shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver would
be granted under similar circumstances on other property for another applicant or
owner.
Does the waiver request meet all the requirements of 2.4.7(B)(5)?
Yes 5
No 0
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original development application was
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
1
X~ q. /3
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 -1L- the waiver reque~HolDR Section 6~1.3(B)(1).
6. Based on the entire record before it, the City Commission hereby adopts
)1
this Order this 12th day of December, 2006, by a vote of 5
opposed.
in favor and 0
ATTEST:
~~~~~~~
Chevelle Nubin, City Clerk .
2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORIDA
WAIVER REQUEST FOR SUN AMERICAN BANK
ORDER O~ TH~ CITY COMMISSION
OF THE CITY OF DELRA Y BEACH, FLORIDA
1. These waiver requests have come before the City Commission on
December 12, 2006.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request Sun American Bank.
All of the evidence is a part of the record in this case. Required findings are made in
accordance with Subsection I.
I. WAIVER:
LOR Section 2.4.6(F)(1) provides that no temporary uses are allowed unless they are
specifically listed under the temporary use permit section. The Applicant has requested
a waiver to this section asth~ temporary use, bank building, is not listed in this section.
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 waiver request meet all the requirements of 2.4.7(B)(5)?
*Yes 5
No 0
*subject to the submittal, processing and approval of a Class II site plan;
The site be fully restored in compliance with the approved Class V site plan
once the trailer is removed; and
The temporary use permit shall be valid for a 24 month period starting from the
granting of the temporary use permit.
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original development application was
1
;L-fet%q, C
"
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
'1
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 racord before it, the City Commission approves ~
denies ~ the waiver request to LOR Section 2.4.6(F)(1).
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 12th day of December, 2006, by a vote of
opposed.
5 in favor and 0
ATTEST:
~Q.~~-~'~~
Chevelle Nubin, City Clerk
2
IN THE ClTY COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORIDA
WAIVER REQUEST RELATING TO A TEMPORARY PARKING LOT
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRA Y BEACH, FLORIDA
1. These waiver requests have come before the City Commission on
December 12, 2006.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission. pertaining to the waiver request for the use of
property along N.E. 1st Avenue as a temporary parking lot. All of the evidence is a part
of the record in this case. Required findings are made in accordance with Subsection L
I. WAIVER:
LDR Section 2.4.6(F)(3)(e) requires certain improvements and plans for temporary
parking lots. The Applicant is requesting a waiver from the requirements of Sections
2.4.6(F)(3)(e)(3), (4) and (8).
Pursuant to LDR 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 waiver request meet all the requirements of 2.4.7(B)(5)?
Yes 5
No
o
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original development application was
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
1
:GeM- q.])
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 ~
'1
denies ~ the waiver request to LDR Section 2.4.6(F)(3)(e)(3), (4) and (8).
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 12th day of December, 2006, by a vote of 5
in favor and 0
opposed.
~MaYOr
ATTEST:
~S).~~
Chevelle Nubin, City Clerk
2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR THE DELRA Y BEACH COMMUNITY LAND TRUST
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRA Y BEACH, FLORIDA
1. These waiver requests have come before the City Commission on
December 12, 2006.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request from the CL T. All of
the evidence is a part of the record in this case. Required findings are made in
accordance with Subsection I.
I. WAIVER:
LOR Section 4.3.4(K) (Development Standards Matrix) provides minimum requirements
for development. The Applicant has requested the following waivers to the
development standards matrix in regards to the two lots:
Reduction of lot frontage and width for interior lots from 60' to 53.50'
Reduction of lot frontage and width for corner lots from8q" to 53;50'
Reduction of required lot size from 7,500 sq. ft. to 7,223 sqAt.
Pursuant to LOR Section 2.4.7(8)(5), prior to granting a waiver, the approving body
shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver would
be granted under similar circumstances on other property for another applicant or
owner.
Does the waiver request meet all the requirements of 2.4.7(B)(5)?
*Yes
5
No 0
*subject to providing a survey showing the reconfiguration of the lots
3. The City Commission has applied the Comprehensive Plan and LOR
requirements in existence at the time the original development application was
1
~~ q. A
submitted and finds that its determinations set forth in this Order are consistent with the
4. The City Commission finds there is ample and competent substantial
'1
Comprehensive Plan.
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 ~ the waiver request to LOR Section 4.3.4(K).
6. Based on the entire record before it, the City Commission hereby. adopts
this Order this 12th day of December, 2006, by a vote of
5 in favor and 0
opposed.
ATTEST:
~,~ .~.~
Chevelle Nubin, City Cler . . .
2