01-16-07 Minutes Reg
JANUARY 16.2007
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, January 16, 2007.
1.
:Roll call showed:
Present - Commissioner Rita Ellis
Commissioner Fred Fetzer
Commissioner Jon Levinson
Mayor Jeff Perlman
Absent - Commissioner Brenda Montague
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Brian Shutt, Assistant City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Reverend Nancy Norman from
Unity Church of Delray Beach.
3.
gIven.
The Pledge of Allegiance to the flag of the United States of America was
4.
AGENDA APPROVAL.
Mayor Perlman stated he would like to move Item S.L.B., Review and
Appealable Land Development Board Actions (Santa Fe Salon) of the Consent
Agenda to the Regular Agenda as Item 9.A.1.
He announced that there are several public hearings to add this evening
and stated these will be read quickly and placed on the February 6,2007 Agenda. Mayor
Perlman stated this will be for Item 10.F., Ordinance No. 71-06, Item 10.G.,
Ordinance No. 70-06, and Item 10.H., Ordinance No. 69-06.
The City Attorney stated Item 10.D., Ordinance No. 3-07 and Item
10.E., Ordinance No. 4-07 will be continued to February 6, 2007 as well.
Mayor Perlman stated he would like to add Item 7.D., Special
Recoenition Award for Boston's on the Beach.
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; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote.
01/16/07
5.
APPROVAL OF MINUTES:
Mrs. Ellis moved to approve the Minutes of the Regular Meeting of
December 12, 2006, seconded by Mr. Fetzer. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes.
Said motion passed with a 4 to 0 vote.
Mr. Fetzer moved to approve the Minutes of the Regular Meeting of
January 2, 2007, seconded by Mrs. Ellis. Upon roll call the Commission voted as
follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes.
Said motion passed with a 4 to 0 vote.
Mrs. Ellis moved to approve the Minutes of the Workshop Meeting of
January 9, 2007, seconded by Mr. Fetzer. Upon roll call the Commission voted as
follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes.
Said motion passed with a 4 to 0 vote.
6. PROCLAMATIONS:
6.A. Recoenizine Black History Month - Februarv 2007
Mayor Perlman read and presented a proclamation hereby proclaiming the
month of February 2007 as Black History Month. Lula Butler, Director of Community
Improvement, came forward to accept the proclamation.
7.
PRESENTATIONS:
7.A. Recoenizine and Commendine City Attornev Susan Rubv for 20 years
of dedicated service to the City of Delrav Beach
Mayor Perlman stated he had worked with the City Attorney for almost
seven years and she has been an excellent source of counsel. Mayor Perlman presented
the City Attorney with a plaque. Susan Ruby, City Attorney, stated it has been a pleasure
to have worked for the City of Delray Beach and she has worked with many great people.
7.B. Project Holidav - Delores Raneel
Delores Rangel, Administrative Assistant, stated her daughter Melissa
Rangel has been in the Air Force and has completed three tours successfully and is
currently training to go back to Iraq. Mrs. Rangel stated Project Holiday was launched
on October 18, 2006 and ended November 10, 2006 and there were over 40 volunteers
who helped with the packing of the care packages sent to military men and women
currently serving overseas in conjunction with the City of Delray Beach, Forgotten
Soldiers Outreach, Inc. and the You are Not Alone Organization. She stated over 278
care packages were sent with much needed items and letters from local schools and the
Parks and Recreation Afterschool Program were also included. Mrs. Rangel stated of the
278 packages seven of them are recipients from the City of Delray Beach. She stated the
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City of Delray Beach received emails and great responses from the soldiers who received
the packages. The City of Delray Beach received over $3,000.00 in cash and checks
which was used to purchase calling cards that were included in the care packages and it is
estimated that over $8,000.00 in merchandise from City departments as well as the
community at large. She stated the response was overwhelming and numerous calls were
received applauding the City's effort in this endeavor. Mrs. Rangel thanked Brenda
Montague who initiated this project, the Commission and the Mayor for their support. In
addition, Mrs. Rangel thanked former Commissioner Alberta McCarthy who is the
founder of "You Are Not Alone" which is the support group for local military families of
our troops. Mrs. Rangel stated the group meets once a month to share news and
friendship. Mrs. Rangel gave a special thanks to Mr. Robert Barcinski, Assistant City
Manager and Ivan Ladizinsky, Public Information Officer, and everyone who helped to
make this proj ect a success.
At this point, Mrs. Rangel played a DVD for the Commission from News
Channel 5 regarding the Project Holiday. In addition, Mrs. Rangel and Mayor Perlman
presented special recognition awards to individuals of the community.
7.C. 2006 Dieital Cities Survey Award - Information Technoloev Division
Joseph Safford, Finance Director, stated the National League of Cities
partners with the Center for Digital Government. The Center for Digital Government is
an institute that conducts research on best practices on local government. Mr. Safford
stated they partnered in conducting an annual survey on information technology centers
around the United States since the year 2000. The annual study survey examines how
city governments are utilizing digital technology to better serve their citizens and
streamline the operations of their governments. The City of Delray Beach received a first
place award for cities with less than 75,000 in population. Mr. Safford stated the City of
Delray Beach was honored in a Special Awards Ceremony conducted by the center for
digital government in Reno, Nevada on December 7, 2006. He stated this is the City's
second consecutive year receiving the first place award. Mr. Safford congratulated Guy
Buzzelli, Chief Information Officer, and the entire staff of the Information Technology
Division for this performance achievement.
Mayor Perlman stated this is a very prestigious award and noted in 2000
the City of Delray Beach did not have a consolidated website. He feels the City of
Delray Beach has come a long way in the past seven years and now we are getting
national recognition. Mayor Perlman stated he was contacted today by an internet
company that is going to be locating in Delray Beach. He stated one of the reasons they
are here and what they would like to do in terms of their marketing is tie themselves to
the Digital Cities Survey winner.
Mayor Perlman presented the 2006 Digital Cities Survey Award to Guy
Buzzelli, Chief Information Officer/Information Technology. Mr. Buzzelli came forward
to accept the 2006 Digital Cities Survey Award.
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7.D. Special Recoenition Award - Boston's on the Beach
Mayor Perlman stated this is a Special Recognition Award for Boston's on
the Beach which generously catered the Holiday Employee Luncheon this year. He noted
the award will be sent to them.
8.
CONSENT AGENDA: City Manager Recommends Approval.
8.A. RESOLUTION NO. 3-07: Approve Resolution No. 3-07 assessing costs
for abatement action necessary to remove junked and/or abandoned vehicles from two (2)
properties throughout the City.
The caption of Resolution No. 3-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, PURSUANT TO
CHAPTER 90 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRA Y BEACH, ASSESSING COSTS FOR
ABATING NUISANCES BY REMOVING JUNKED
AND/OR ABANDONED VEHICLES WITHIN THE CITY
OF DELRA Y BEACH; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING SAID COSTS; 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; PROVIDING
FOR THE MAILING OF NOTICE OF LIEN.
(The official copy of Resolution No. 3-07 is on file in the City Clerk's
office. )
S.B. CONTRACT ADDITION (C.O. NO. 2)illURACLEAN. INC:
Approve a Contract Addition (c. O. No.2) between the City and Duraclean, Inc. in the
amount of $17,677.78 for the water damage & microbial remediation work at Fire
Stations No.1, 2, 3 and 5. Funding is available from 001-2311-522-46.10 (Fire
Department/General Fund/Building Maintenance).
s.C. SERVICE AUTHORIZATION NO. 3.2/WALTERS ZACKRIA
ASSOCIATES: Approve Service Authorization No. 3.2 (Amendment No.2 to Service
Authorization No.3) to Walters Zackria Associates in the amount of $150,000.00 for
performing construction administration, engineering inspections, post construction
services and traffic improvements design/permitting services related to the construction
of the Western/Senior/Community Center Project. Funding is available from 380-4150-
572-62.58 (2004 G.O. BondlParks & Recreation/Western/Senior Center).
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8.D. LANDSCAPE MAINTENANCE AGREEMENT/LENNAR HOMES.
INC.: Approve and accept a landscape maintenance agreement with Lennar Homes, Inc.
to place certain landscaping in the City's right-of-way along Swinton Avenue south of
SW 10th Street and adjacent to the FEC railroad, in conjunction with the Villages at
Swinton Square Project.
8.E. PURCHASE ORDER INCREASE/TANNER INDUSTRIES. INC.:
Approve an increase of$I,589.00 to purchase order #637490, Tanner Industries, Inc., for
the freight charges for delivery of the 1,000 gallon tank for the storage of anhydrous
ammonia to be located at the Water Treatment Plant. Funding is available from 441-
5122-536-64.90 (Water/Sewer Fund/Other Repair/Maintenance Costs).
8.F. HTE HARDW ARE/SOFTW ARE MODULE: Approve and authorize
Information Technology (IT) to proceed with the acquisition of the HTE software in the
amount of $49,190.00 and Selectron software in the estimated amount of $6,000.00 to be
utilized for project tracking in the Planning and Zoning and Engineering Departments.
Funding is available from 001-2511-515-66.10 (General Fund/Software).
8.G. SPONSORSHIP SALES AGENT AGREEMENT/LEVERAGE
AGENCY. LLC: Approve a Sponsorship Sales Agent Agreement between the City and
Leverage Agency, LLC in the amount of $4,000.00 per month of which $2,000.00 shall
be credited for commission earned; to help sell five (5) sponsorships allotted to the City
for the FED Cup event. The City shall pay Leverage Agency, LLC a commission in the
sum of twenty percent (20%) of any cash sponsorships it receives. Funding is available
from 001-4210-575-55.44 (General Fund/Other Events).
8.H. RATIFICATION OF THE SISTER CITIES BOARD OF
DIRECTORS FOR 2007: Approve and ratify the proposed slate of Directors for the
Sister Cities Committee for 2007.
8.1. SPECIAL EVENT REQUESTIHOWARD ALAN 10th ANNUAL
WINTER STREET CRAFT FESTIVAL: Approve a special event request to endorse
the 10th Annual Delray Beach Winter Street Craft Festival to be held on February 24 -
25,2007 from 10:00 a.m. - 5:00 p.m.; including a temporary use permit per LDR Section
2.4.6(F) for use ofNE/SE 4th Avenue, one block north/south of Atlantic Avenue as well
as the north end of Hand's parking lot for vendor parking; and to authorize staff support
for security and traffic control with the event sponsor paying all overtime costs, and to
permit an event sign to be erected on Atlantic Avenue just east of 1-95, 10 days prior to
the event per City Code.
8.J. STREET CLOSURE APPROV ALIRUN 4 PUN II: Approve a request
for closure of Railroad Way from 9:00 a.m. - 4:00 p.m. on February 10,2007 for the Run
4 Pun II fundraising event from Atlantic Avenue to NE 1 st Street.
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8.1(. HOUSING REHABILITATION GRANT/CONTRACT AWARDS:
Approve Housing Rehabilitation grant/contract awards through the Community
Development Division in the amount of $27,693.75 to Alpha South Construction, Inc.
(321 Roosevelt Avenue) and $28,665.00 to Craftsman Plus, Inc. (217 SW 2nd Avenue).
Funding is available from 118-1924-554-49.19 (Community Development Fund/Housing
Rehabilitation).
8.L. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.1.
8.M. AWARD OF BIDS AND CONTRACTS:
1:. Contract award to Hector Tours in the amount of $26,600.00 for
two (2) bus rentals and driver services for the College Tour
traveling from Delray to various college cities located in Texas,
Louisiana, and Tennessee. Funding is available from 001-4127-
572-48.10 (General Fund/Special Events) and 115-4930-572-56.18
(Pompey Park Special Events/Other Special Events).
2. Contract award to Roof Painting by Hartzell, Inc. in the amount of
$22,664.41 for the painting and restoration of the exterior/interior
of the concession building at Currie Commons Park. Funding is
available from 001-4131-572-46.10 (General Fund/Building
Maintenance).
3. Bid award to Pro Courts in the amount of $18,800.00 for
resurfacing seven (7) hard courts and court repair with a three (3)
coat color system at the Delray Beach Tennis Center. Funding is
available from 001-4215-575-46.90 (General Fund/Other
Repair/Maintenance Costs).
4. Bid award to Superior Landscaping & Lawn Services, Inc., in the
amount of $54,411.16 for the irrigation and landscape
improvements for the four (4) medians on Congress Avenue, south
of Linton Boulevard. Funding is available from 119-4151-572-
63.20 (Beautification Trust Fund/Landscaping! Beautification).
Mrs. Ellis moved to approve the Consent Agenda as amended, seconded
by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr.
Fetzer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to
o vote.
9.
REGULAR AGENDA:
9.A.1. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period January 2,2007 through January 12, 2007.
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Mayor Perlman stated he pulled Item 8.L.B. because he received a call
from staff that SPRAB took out some of the Engineering specifications that staff felt was
very important to the project.
Mrs. Ellis moved to appeal Item 8.L.B. (Santa Fe Salon) to the February 6,
2007 City Commission meeting, seconded by Mr. Fetzer. Upon roll call the Commission
voted as follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes; Mrs.
Ellis - Yes. Said motion passed with 4 to 0 vote.
9.A. REQUEST FOR IN-LIEU PARKING SPACESIBOB'S FAMOUS
BAR (FKA POWERS LOUNGE): Consider a request from Bob's Famous Bar (fka
Powers Lounge) for the purchase of six (6) in-lieu parking spaces in the amount of
$93,600.00. Bob's Famous Bar (fka Powers Lounge) is located at 217 East Atlantic
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.
Scott Aronson, Parking Management Specialist, stated Bob's Famous Bar
(flk/a Powers Lounge) has submitted an in-lieu of parking request and is located at 217
East Atlantic Avenue. The request is for six (6) in-lieu parking spaces. The request is
predicated upon a Class III Site Plan modification being approved to construct a rooftop
deck for the restaurant. The proposed deck area is 999 square feet, which pursuant to
LDR's Section 4.4.13(G)(l)(d) will require six (6) additional parking spaces. The
applicant is seeking to purchase six (6) in-lieu spaces at a cost of $15,600 per space,
totaling 93,600 to be paid via an In-Lieu of Parking Fee Agreement in accordance with
LDR Section 4.6.9(E)(3)( d). Comprehensive Plan Policy C-4.1 of the Future Land Use
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. The in-lieu of parking fee program provides such an
incentive and therefore is consistent with the Comprehensive Plan.
Staff has a concern that the request is for 100% of the required spaces.
Additionally, the Class IV site plan modification of 2001 was approved with two (2) in-
lieu parking spaces.
At its meeting of December 19, 2006, the Parking Management Advisory
Board (PMAB) unanimously recommended approval of the applicant's request; at its
meeting of January 8,2007, the Downtown Development Authority (DDA) unanimously
recommended approval of the applicant's request; and at its meeting of January 11, 2007,
the Community Redevelopment Agency (CRA) considered this request and the action
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will be reported to the City Commission.
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Bob Currie. Architect with Currie. Sowards. Aeuila Architects. 134
N.E. 1 st Avenue. Delrav Beach. stated this is a two-story building and the applicant is
proposing a roof-top garden.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of the in-lieu request, to please come forward at this time. There
being no one from the public who wished to address the Commission regarding the
request for in-lieu parking spaces, the public hearing was closed.
Mr. Aronson stated the bar (rooftop deck) needs to be in association with
the restaurant and noted there is a City ordinance which does not allow stand alone bars
within fifty (50) feet of each other. He stated this bar is associated with the restaurant
and must meet the criteria of all City codes with respect to how the bar is operated in
conjunction with the restaurant.
The City Attorney stated in order for the Commission to grant the six (6)
in-lieu spaces the applicant would have to have an approved site plan.
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. Fetzer moved to approve the Board Order as set forth, seconded by
Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion passed with a 4 to 0
vote.
9.B. CONDITIONAL USE EXTENSION REQUEST/CITYSCAPE:
Consider an extension request for a conditional use approval to allow a building height in
excess of 48 feet (57'6" approved) for Cityscape, located at the northwest corner ofNE
5th Avenue and NE 3rd Street and is bordered to the west by the FEC Railroad. (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.
At this point, Mr. Levinson stepped away from the dais.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2005-030 into the record.
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Mr. Dorling stated the action requested of the City Commission is granting
an extension of a conditional use approval to allow a building height in excess of 48 feet
(57 feet 6 inches approved) for Cityscape. The property is 2.5 acres and is located at the
northwest corner ofN.E. 5th Avenue and N.E. 3rd Street. The property is 2.5 acres and
currently contains the Scobee Ireland Potter Funeral Home and two additional structures
occupied the site, the 704 square foot Native Florida Gallery (flk/a Dee's Alterations)
built in 1922, and a 1,253 square foot single family home built in 1921.
The development proposal involves demolition of the funeral home,
relocation of the remaining two structures, and construction of a mixed use development
which will include 28,133 square feet of retail floor area, 6,800 square feet of restaurant
on the ground floor and 75 condominium units on the upper floors. The retail and
residential uses will wrap around a three level parking garage which will provide 301
parking spaces.
On February 1, 2005, the proposed development received Conditional Use
approval from the City Commission. On April 5, 2006, the Site Plan Review and
Appearance Board (SPRAB) unanimously approved a Class V site plan, landscape plan
and architectural elevations. It is noted that the development proposal was developed and
approved utilizing the Downtown Design Guidelines. The approved conditional use is
valid for 2 years and expires on February 1,2009.
Scott Porten. Applicant. Porten Russell. LLC. stated he is present this
evening for any questions the Commission have.
Mayor Perlman stated anyone from the public who wished to address the
Commission regarding the Conditional Use Extension Request, to please come forward at
this time. There being no one from the public who wished to address the Commission
regarding the Conditional Use Extension Request, the public hearing was closed.
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).
It was the consensus of the Commission to approve the Conditional Use
Extension until February 1,2009.
Mrs. Ellis moved to approve the Board Order as set forth, seconded by Mr.
Fetzer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs.
Ellis - Yes; Mr. Fetzer - Yes. Said motion passed with a 3 to 0 vote.
9.C. CALL TO ARTISTS/CITY HALL AND KNOWLES PARK ART
PROJECTS: Consider a request to grant approval for two (2) Call to Artists to be issued
for the City Hall and Knowles Park Art Projects; each with a proposed budget of
$50,000.00.
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At this point, Mr. Levinson returned to the dais.
Mrs. Ellis moved to grant approval for two (2) Call to Artists to be issued
for the City Hall and Knowles Park Art Projects, seconded by Mr. Fetzer. Upon roll call
the Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson -
Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote.
9.D. FIRST AMENDMENT TO LEASE AGREEMENT/NEW
CINGULAR WIRELESS PCS. LLC: Consider the First Amendment to the lease
agreement with New Cingular Wireless, PCS, LLC requesting language changes in
paragraph 2 and providing for an increased monthly rental fee from $1,700.00 to
$1,800.00 per month for the use ofthe Police Department radio tower.
Brian Shutt, Assistant City Attorney, stated on December 5,2006, the City
Commission approved an amendment with Cingular Wireless.
Mrs. Ellis asked if the City has the right to terminate the agreement. In
response, Mr. Shutt stated in the agreement the City does not have the right to terminate
unless New Cingular Wireless breaches the contract in some way. However, Mr. Shutt
stated the contract is still valid until 2031.
Amanda Solomon, Telecommunications Systems Manager, expressed
concern with the terms and the rent.
Mrs. Ellis moved to approve the First Amendment to the lease agreement
with New Cingular Wireless, seconded by Mr. Fetzer. Upon roll call the Commission
voted as follows: Mr. Fetzer - No; Mr. Levinson - No; Mayor Perlman - No; Mrs. Ellis
- No. Said motion to approve was DENIED with a 4 to 0 vote.
At this point, the time being 7:00 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 59-06 (FIRST READING/FIRST PUBLIC
HEARING): Privately sponsored Future Land Use Map amendment (small-scale) from
CF (Community Facilities) to LD (Low Density Residential 0-5 du/ac) for a 9.00 acre
portion of the Christ the King Monastery ofSt. Clare and rezoning from CF (Community
Facilities) to R-l-AA (Single Family Residential) and associated reduction oflot frontage
and lot width requirements for proposed lots 20 and 25 within the subdivision at Christ
the King Monastery of St. Clare, Inc., located at the southeast corner of Sherwood
Boulevard and Sutton Place. Ifpassed, a public hearing will be scheduled for February 6,
2007.
The caption of Ordinance No. 59 -06 is as follows:
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AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE FUTURE LAND USE MAP
DESIGNATION AS CONTAINED IN THE
COMPREHENSIVE PLAN FROM CF (COMMUNITY
FACILITIES); TO LD (LOW DENSITY
RESIDENTIAL 0-5 DU/ AC); ELECTING TO
PROCEED UNDER THE SINGLE HEARING
ADOPTION PROCESS FOR SMALL SCALE LAND
USE PLAN AMENDMENTS; AND REZONING AND
PLACING LAND PRESENTLY ZONED CF
(COMMUNITY FACILITIES) TO R-l-AA (SINGLE
FAMILY RESIDENTIAL) DISTRICT; PROVIDING
FOR A MODIFICATION OF MINIMUM LOT
REQUIREMENTS AND SETBACKS FOR CERTAIN
LOTS; SAID LAND BEING A PARCEL OF LAND
LOCATED 125 FEET SOUTH OF SHERWOOD
BOULEVARD, APPROXIMATELY 650 FEET EAST
OF MILITARY TRAIL, AS MORE PARTICULARLY
DESCRIDED HEREIN; AMENDING "ZONING MAP
OF DELRA Y BEACH, FLORIDA, MARCH 2006";
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
office. )
(The official copy of Ordinance No. 59-06 is on file in the City Clerk's
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 ofthe City of Delray Beach, Florida.
The City Attorney stated this ordinance is a first public hearing and the
quasi-judicial hearing which consists of all the testimony and evidence is on the second
reading.
Paul Dorling, Director of Planning and Zoning, stated the proposal
involves 9.00 acres of a 10.98 acre site Christ the King Monastery of St. Clare which was
originally constructed in the late 1960's as a monastery for the Poor Clare Nuns.
Currently, the property is zoned R-l-AAA-B and the proposal is to change the land use
from CF to LD (Low Density Residential 0-5 du/ac) from CF (Community Facilities) to
R -1- AA for this particular piece.
At its meeting of October 16, 2006, the Planning and Zoning Board held a
public hearing to consider the request for Future Land Use Map amendment (small-scale)
from CF (Community Facilities) to LD (Low Density Residential 0-5 du/ac) and a
rezoning from CF (Community Facilities) to R-l-AA (Single Family Residential) for the
subject property. As part of this, there is a request to create two lots that do not meet the
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minimum requirements. Staff recommends approval with the caveat that the conditions
in Section 6 be applied as they relate to compatibility with the adjacent neighborhood.
Mayor Perlman stated this is a first reading and first public hearing. If the
ordinance passes this evening, there will be a full quasi-judicial process and testimony on
February 6,2007.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of the request, to please come forward at this time.
The City Attorney stated anything that is said this evening will be part of
the record and all these comments will be transferred for the record for the quasi-judicial
hearing. There have been some things that have been entered into the record so everyone
can look at the record and see some letters from Michael Weiner and other experts have
been entered into the record. All the testimony and all the records will be included in the
second hearing record.
Brian Link. who lives approximately 300 feet from the proposed land
use/zonine chanee and in close proximity to the waiver that is beine proposed. stated
he would like to be recognized in the effective party under Florida Statute 167. He stated
he followed the rules of the quasi-judicial process and submitted a letter to the City
Attorney. He received a letter back from the City Attorney recommending that he be
given party status. Mr. Link stated the letter stated that decision would be made by the
City Commission on January 2, 2007. In terms of process, Mr. Link stated the
procedures do not describe what happens and asked if there is going to be a formal
binding and when will this occur. The City Attorney stated it actually occurs at the time
of the quasi-judicial hearing. Mr. Link expressed concern that the ordinance does not
satisfy Florida Statute 166.041 which deals with procedures of adoption of ordinances
and resolutions. He also expressed concern over other process issues that involve the
ordinances and how the public hearings are being run and some of the comments apply to
the Planning and Zoning hearing. Mr. Link stated they intend to show that the ordinance
is not consistent with the Goals, Objectives and Policies of the Comprehensive Plan. He
stated he intends to show that concurrency has not been demonstrated, zoning is not
compatible with the Comprehensive Plan, and a demonstrated need has not been shown.
Michael Weiner. Attornev with Weiner & Aronson. P.A.. 102 North
Swinton Avenue. Delrav Beach. representing the Applicant, stated knowing there is
going to be a full quasi-judicial hearing he reserves all rights.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 59-06, the public hearing was closed.
Mrs. Ellis moved to approve Ordinance No. 59-06 (First Reading/First
Public Hearing), seconded by Mr. Fetzer. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes.
Said motion passed with a 4 to 0 vote.
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01/16/07
10.B. ORDINANCE NO. 83-06: Future Land Use Map amendment (small-
scale) from TRN (Transitional) to GC (General Commercial) and rezoning from NC
(Neighborhood Commercial) to GC (General Commercial) for three (3) parcels, totaling
0.843 acres, located at 2703, 2709 & 2715 South Federal Highway. (Quasi-Judicial
Hearing)
The caption of Ordinance No. 83-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE FUTURE LAND USE MAP
DESIGNATION AS CONTAINED IN THE
COMPREHENSIVE PLAN FROM TRN
(TRANSITIONAL); TO GC (GENERAL
COMMERCIAL) ELECTING TO PROCEED UNDER
THE SINGLE HEARING ADOPTION PROCESS FOR
SMALL SCALE LAND USE PLAN AMENDMENTS;
AND REZONING AND PLACING LAND
PRESENTLY ZONED NC (NEIGHBORHOOD
COMMERCIAL) TO GC (GENERAL
COMMERCIAL) DISTRICT; SAID LAND BEING A
PARCEL OF LAND LOCATED ON THE EAST SIDE
OF SOUTH FEDERAL HIGHWAY, BETWEEN
AVENUE "G" AND LA-MAT AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRA Y BEACH,
FLORIDA, MARCH 2006"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
office. )
(The official copy of Ordinance No. 83-06 is on file in the City Clerk's
The City Attorney read the caption of the ordinance. A public hearing and
quasi-judicial hearing was held having been legally advertised in compliance with the
laws of the State of Florida and the Charter of the City of Del ray Beach, Florida.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2007-031.
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01/16/07
Mr. Dorling stated the request is for approval of a Future Land Use Map
amendment from TRN (Transitional) to GC (General Commercial) and a zoning change
from NC (Neighborhood Commercial) to GC (General Commercial) for three individual
and contiguous properties. The three lots total 0.843 acres or 36,721 square feet.
Currently, these properties contain a pawn shop, tobacco shop and a sign shop owned by
NPC Holdings, LLC. Although there are some residential uses east of these properties,
they are bordered on the north, south and west sides by commercial uses predominantly
dominated by auto related uses. The proposed changes seek to apply a land use and
zoning designation which is more consistent with the prevailing commercial uses.
At its meeting of December 18, 2006, the Planning and Zoning Board held
a public hearing in conjunction with the request. There was no public testimony in
support of or in opposition to the proposal. After discussing the proposal, the Board
voted 6-0 to recommend approval of the rezoning and Future Land Use Map amendment.
Michael Carbone. NPC Holdines. LLC. stated he is present this evening
and is available to answer any questions the Commission may have.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition ofthe request, to please come forward at this time. There being no
one from the public who wished to address the Commission regarding Ordinance No. 83-
06, the public hearing was closed.
Mrs. Ellis moved to adopt Ordinance No. 83-06 on Second and FINAL
Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows:
Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said
motion passed with a 4 to 0 vote.
to.C. ORDINANCE NO. 1-07: Rezoning from RM (Medium Density
Residential) to CF (Community Facilities) for the expansion of the Neighborhood
Resource Center for the proposed Community Land Trust Office, located at 145 SW 12th
Avenue, on the northeast corner of SW lih Avenue and SW 2nd Street. (Quasi-Judicial
Hearing)
The caption of Ordinance No. 1-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED RM (MEDIUM DENSITY RESIDENTIAL)
DISTRICT TO CF (COMMUNITY FACILITIES)
DISTRICT; SAID LAND BEING A PARCEL
LOCATED AT THE NORTHEAST CORNER OF SW
12TH AVENUE AND SW 2ND STREET, AS MORE
PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRA Y BEACH,
FLORIDA, MARCH 2006"; PROVIDING A
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GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 1-07 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing and
quasi-judicial hearing was held having been legally advertised in compliance with the
laws ofthe State of Florida and the Charter of the City of Delray Beach, Florida.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2007-033 into the record.
Mr. Dorling stated the request is for approval of a zoning change from RM
(Medium Density Residential) to CF (Community Facilities) for Lot 12, Block 6 Atlantic
Gardens Delray Subdivision to accommodate the City of Delray Beach Community Land
Trust (CLT) office.
The RM zoning district does not allow community centers as either a
principal or conditional use, thus a rezoning application is being requested to change the
existing zoning designation from RM (Medium Density Residential) to CF (Community
Facilities). Immediately to the north of this parcel is the city owned Neighborhood
Resource Center. The proposed change seeks to apply a zoning designation which is
more consistent with the adjacent use and complements the needs ofthe neighborhood.
At its meeting of December 18, 2006, the Planning and Zoning Board held
a public hearing in conjunction with the request. There was no public testimony in
support of or in opposition to the proposal. After discussing the proposal, the Board
voted 6-0 to recommend approval of the rezoning.
Mayor Perlman declared a conflict of interest, passed the gavel to Vice
Mayor Ellis, and stepped down from the dais.
Vice Mayor Ellis stated if anyone from the public would like to speak in
favor or in opposition of Ordinance No. 1-07, to please come forward at this time. There
being no one from the public who wished to address the Commission regarding
Ordinance No. 1-07, the public hearing was closed.
Mr. Fetzer moved to adopt Ordinance No. 1-07 on Second and FINAL
Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Vice Mayor Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with
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01116/07
a 3 to 0 vote.
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10.D. ORDINANCE NO. 3-07: Future Land Use Map amendment (small-
scale) from County LR-l (Low Density Residential 1 du/ac) to City LD (Low Density
Residential 0-5 du/ac) and rezoning from County AR (Agricultural Residential) to City
R-l-AA (Single Family Residential) for a 0.72 acre property located at 2200 Lake Drive.
(Quasi-Judicial Hearing)
The caption of Ordinance No. 3-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE FUTURE LAND USE MAP
DESIGNATION AS CONTAINED IN THE
COMPREHENSIVE PLAN FROM COUNTY LR-l
(LOW RESIDENTIAL 1 DU/ AC); TO LD (LOW
DENSITY RESIDENTIAL 0-5 DU/AC); ELECTING
TO PROCEED UNDER THE SINGLE HEARING
ADOPTION PROCESS FOR SMALL SCALE LAND
USE PLAN AMENDMENTS; AND REZONING AND
PLACING LAND PRESENTLY ZONED COUNTY
AR (AGRICULTURAL RESIDENTIAL) TO R-l-AA
(SINGLE FAMILY RESIDENTIAL) DISTRICT; SAID
LAND BEING A PARCEL OF LAND LOCATED AT
THE NORTHWEST CORNER OF LAKE DRIVE
AND NW 22ND STREET, AS MORE
PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRA Y BEACH,
FLORIDA, MARCH 2006"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 3-07 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance.
Mr. Fetzer moved to approve to continue Ordinance No. 3-07 to a date
certain of February 6, 2007 at 7:00 p.m., seconded by Mrs. Ellis. Upon roll call the
Commission voted as follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mayor Perlman-
Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote.
10.E. ORDINANCE NO. 4-07: Future Land Use Map amendment (small-
scale) from County LR-3 (Low Density Residential 3 du/ac) to City TRN (Transitional)
and rezoning from CG/SE (Commercial General/Special Exception) to City zoning of
SAD (Special Activities District) for a 0.99 acre property, to be known as Robotic Space
Savers located at the southwest corner of Conklin Drive and Military Trail. (Quasi-
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01/16/07
Judicial Hearing)
The caption of Ordinance No. 4-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE FUTURE LAND USE MAP
DESIGNATION AS CONTAINED IN THE
COMPREHENSIVE PLAN FROM COUNTY LR-3
(LOW RESIDENTIAL - 3 DU/ AC); TO TRN
(TRANSITIONAL), ELECTING TO PROCEED
UNDER THE SINGLE HEARING ADOPTION
PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS; AND REZONING AND PLACING
LAND PRESENTLY ZONED COUNTY CG/SE
(COMMERCIAL GENERAL/SPECIAL EXCEPTION)
TO SPECIAL ACTIVITIES DISTRICT (SAD)
DISTRICT; SAID LAND BEING A PARCEL OF
LAND LOCATED AT THE SOUTHWEST CORNER
OF CONKLIN DRIVE AND MILITARY TRAIL, AS
MORE PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRA Y BEACH,
FLORIDA, MARCH 2006"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
office.)
(The official copy of Ordinance No. 4-07 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Mrs. Ellis moved to approve to continue Ordinance No. 4-07 to a date
certain of February 6, 2007 at 7:00 p.m., seconded by Mr. Fetzer. Upon roll call the
Commission voted as follows: Mr. Levinson - Yes; Mayor Perlman - Yes; Mrs. Ellis-
Yes; Mr. Fetzer - Yes. Said motion passed with a 4 to 0 vote.
10.K ORDINANCE NO. 71-06: Privately initiated rezoning from I (Industrial)
to MIC (Mixed Industrial and Commercial) for an 8.8 acres property located along Depot
Road, north of the Old Train Station, between the CSX Railroad and 1-95. (Quasi-
Judicial Hearing) This ordinance to be continued to a date certain of February 6,
2007.
The caption of Ordinance No. 71-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
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01/16/07
ZONED I (INDUSTRIAL) DISTRICT TO MIC
(MIXED INDUSTRIAL AND COMMERCIAL)
DISTRICT; SAID LAND BEING A PARCEL
LOCATED NORTH OF THE OLD TRAIN STATION,
BETWEEN THE CSX RAILROAD AND 1-95, AS
MORE PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRA Y BEACH,
FLORIDA, MARCH 2006"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 71-06 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance.
Mr. Fetzer moved to approve to continue Ordinance No. 71-06 to a date
certain of February 6, 2007 at 7:00 p.m., seconded by Mrs. Ellis. Upon roll call the
Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer-
Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote.
to.G. ORDINANCE NO. 70-06: City initiated annexation and rezoning from
County AR (Agricultural Residential) to City RM-8 (Residential Medium Density 5-8
dulac) for a 3.18 acres parcel located on the south side of 133rd Road South, 640' west of
Barwick Road approximately 1,400 feet north of Lake Ida Road. (Quasi-Judicial
Hearing) This ordinance to be continued to a date certain of February 6, 2007.
The caption of Ordinance No: 70-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
ANNEXING TO THE CITY OF DELRA Y BEACH, A
PARCEL OF LAND LOCATED ON THE SOUTH
SIDE OF 133RD ROAD, 640 FEET WEST OF
BARWICK ROAD, AND APPROXIMATELY 1,400
FEET NORTH OF LAKE IDA ROAD, AS THE SAME
IS MORE PARTICULARLY DESCRIBED HEREIN,
WHICH LAND IS CONTIGUOUS TO THE
EXISTING MUNICIPAL LIMITS; REDEFINING THE
BOUNDARIES OF THE CITY TO INCLUDE SAID
LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; PROVIDING FOR
THE ZONING THEREOF TO RM-8 (MEDIUM
DENSITY RESIDENTIAL - 8 UNITS PER ACRE);
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
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01116/07
(The official copy of Ordinance No. 70-06 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Mrs. Ellis move to approve to continue Ordinance No. 70-06 to a date
certain of February 6, 2007 at 7:00 p.m., seconded by Mr. Fetzer. Upon roll call the
Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes;
Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote.
10.H. ORDINANCE NO. 69-06 (SECOND READING/SECOND PUBLIC
HEARING): City initiated rezoning from GC (General Commercial) in part and AC
(Automotive Commercial) in part to CBD (Central Business District) for the North
Federal Highway Area and including 700 & 707 NE 6th Avenue (former O.c. Taylor
dealership) with a combined total of 23.2 acres, located between NE 4th Street and
George Bush Boulevard and extending from the FEC Railroad to approximately ~ block
east ofNE 6th Avenue. (Quasi-Judicial Hearing) This ordinance to be continued to a
date certain of February 6, 2007.
The caption of Ordinance No. 69-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED AC (AUTOMOTIVE COMMERCIAL)
DISTRICT IN PART AND GC (GENERAL
COMMERCIAL) DISTRICT IN PART TO CBD
(CENTRAL BUSINESS) DISTRICT; SAID LAND
BEING PARCELS OF LAND GENERALLY
LOCATED BETWEEN NE 4TH STREET AND
GEORGE BUSH BOULEVARD AND EXTENDING
FROM THE FEC RAILROAD TO
APPROXIMATELY ~ BLOCK EAST OF NE 6TH
AVENUE, AS MORE PARTICULARLY DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DELRA Y
BEACH, FLORIDA, MARCH 2006"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
office. )
(The official copy of Ordinance No. 69-06 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Mr. Fetzer moved to approve to continue Ordinance No. 69-06 to a date
certain of February 6, 2007 at 7:00 p.m., seconded by Mrs. Ellis. Upon roll call the
Commission voted as follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mayor Perlman-
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Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 7:22 p.m., the Commission moved to Item
11, Comments and Inquiries on Non-Agenda Items from the City Manager and the
Public.
II.A.
City Manaeer's response to prior public comments and inquiries.
The City Manager had no response to prior public comments and
mqumes.
II.B.
From the Public.
None.
9.E. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD:
Appoint one (1) regular member and one (1) alternate member to the Code Enforcement
Board for three (3) year terms ending January 14, 2010. Based upon the rotation system,
the appointments will be made by Commissioner Levinson (Seat #3), and Commissioner
Ellis (Seat #1).
Mr. Levinson moved to appoint Matthew Hartley as a regular member to
the Code Enforcement Board for a three (3) year term ending January 14,2010, seconded
by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Levinson - Yes;
Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion passed with a 4
to 0 vote.
Mrs. Ellis moved to reappoint Glenn Schuster as an alternate member to
the Code Enforcement Board for a three (3) year term ending January 14,2010, seconded
by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Perlman-
Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with a
4 to 0 vote.
9.F. BID AW ARD/ACCURATE EVENT SERVICES: Consider approval
of a bid award to second lowest bidder, Accurate Event Services in the amount of
$37,587.00 for private security services for the International Tennis Tournament.
Funding is available from 001-4210-575-55.40 (General Fund/Tennis Tournament).
Robert A. Barcinski, Assistant City Manager, stated this is a request for
the Commission to approve a bid award to Accurate Event Services in the amount of
$37,587.00 (second lowest bidder) for private security services for the International
Tennis Tournament. He stated proposals were sent to five firms and the City received
two. The difference between the two proposals is $204.00. Mr. Barcinski stated staff
recommends awarding the bid to Accurate Event Services primarily because of their
expenence.
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01116/07
Mrs. Ellis moved to approve a bid award to Accurate Event Services
(second lowest bidder) in the amount of $37,587.00 for private security services for the
International Tennis Tournament, seconded by Mr. Fetzer. Upon roll call the
Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes;
Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote.
9.G. GRANICUS. INC.NIDEO/AUDIO STREAMING: Consider
authorizing the City Attorney to draft and the Mayor to execute an agreement with
Granicus, Inc. in the total amount of $44,500.00 for video streaming of the City
Commission Regular meetings and audio streaming of the Emergency Radio Station.
Funding is available from 001-1411-512-66.10 (General Fund/Software), 001-1411-512-
64.11 (General Fund/Computer Equipment) and 001-1411-512-46.90 (General
Fund/Other Repair/Maintenance Costs) after budget transfer.
Chevelle D. Nubin, City Clerk, gave a brief overview of the video
streaming.
Mr. Fetzer moved to approve to authorize the City Attorney to draft and
the Mayor to execute an agreement with Granicus, Inc. in the total amount of $44,500.00
for video streaming of the City Commission regular meetings and audio streaming of the
Emergency Radio Station, seconded by Mrs. Ellis. Upon roll call the Commission voted
as follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes; Mrs. Ellis -
Yes. Said motion passed with a 4 to 0 vote.
9.H. BID A W ARDSIMUL TIPLE VENDORS: Consider approval of
multiple bid awards in the estimated annual cost of $187,000.00 for the purchase of
chemicals and fertilizers for the Parks and Recreation Department, Delray Beach
Municipal Golf Course and Lakeview Golf Course. Some of the recommended bid
awards are not to the lowest bidder. Funding is available from various departments (Parks
and Recreation operating budget, Delray Beach Municipal Golf Course budget and
Lakeview Golf Course operating budget).
The City Manager stated the low bidder was for quantities that the City
cannot handle and this is why staff is recommending a bidder other than the low bidder.
Mrs. Ellis moved to approve the multiple bid awards in the estimated
annual cost of $187,000.00 for the purchase of chemicals and fertilizers for the Parks and
Recreation Department, Delray Beach Municipal Golf Course and Lakeview Golf
Course, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion
passed with a 4 to 0 vote.
12.
FIRST READINGS:
12.A.
NONE
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01/16/07
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
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13.A.
City Manaeer
The City Manager stated at the League of Cities last Board meeting there
was discussion about the fact that the next general membership meeting falls during the
Florida League of Cities Legislative Action Days. He stated this will count as the general
membership meeting in March and encourage people to go up for the Florida League of
Cities Legislative Action Day which is March 28, 2007. They also decided to send a bus
for both Palm Beach County Days and the Legislative Action Days.
Secondly, he stated the Installation Gala for the League this year will
tentatively be held at the Ritz Carlton on the third Saturday. The City Manager stated the
Ritz Carlton is leasing some space from the City of Lantana and they have indicated that
they will be out by that date. The City Manager reiterated that this is tentative and staff
will have to see how it works out.
The City Manager stated he had previously informed the City Commission
of some organizational changes and noted that he, Doug Smith, and Robert Barcinski
have been reviewing the organization and how they might modify it to help improve the
way the City operates. The City Clerk and the Public Information Officer (PIO) will
report to Assistant City Manager Doug Smith and some responsibilities of the Assistant
City Manager Robert Barcinski are going to be shifted to department heads in order to
relieve Mr. Barcinski from some of the event work.
13.B. City Attornev
The City Attorney thanked the City Commission for the 20 year
recognition award for the years of service to the City of Delray Beach.
Secondly, she reported that the R.A.C.E. study group has met again and
stated they are continuing to meet.
13.C.
13.C.1.
City Commission
Mr. Fetzer
Mr. Fetzer stated he saw emails today regarding some criminal activity in
the Lake Ida area. He stated there are some perceptions of crime levels that are not
accurate and asked if the Commission has any suggestions of what can be done. Mr.
Fetzer suggested that staff publicize the Police Department website so people can be
better informed (i.e. crime stats, etc.) He stated his particular neighborhood has
perceptions of criminal activity that in his opinion are not truly accurate.
Mayor Perlman stated he spoke to Chief Schroeder today and the email
that went out stated that there were nine burglaries in one day. There have actually been
four burglaries since November 1st until today. The Chief responded to the homeowners'
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association immediately and he will attend their February meeting. Mayor Perlman
stated when people hear of these things the sooner we can engage the Police Department
in getting out the accurate information the better off we are. Mayor Perlman stated there
is a rumor control hotline on the City's website but does not know if people utilize this on
the website. He feels the best thing we can do is to put the Chief in the loop to get the
information out.
13.C.2.
Mrs. Ellis
Mrs. Ellis stated people have to protect their things as well as they can.
She stated people who have alarms do not always set them. Mrs. Ellis stated there are
some things that people do that prevent these crimes of opportunity. She stated that
people need to report suspicious activity and citizens can step forward in many ways to
help the police and the community.
She stated the Martin Luther King Breakfast was a great way to bring the
community together to honor a terrific man. Mrs. Ellis stated Mayor Perlman's
comments were pertinent to the occasion and it was nice to see everyone there.
13.C.3.
Mr. Levinson
Mr. Levinson briefly commented about the crimes of opportunity and
stated he received an email from Mr. Mike Cruz. Mr. Levinson stated he suggested to
Mr. Cruz that people go online to the Police Department's website where they can obtain
the current crime stats.
Secondly, Mr. Levinson stated he has had several lengthy conversations
with Mr. Bill James who is the individual from the Governor's office responsible for the
drug policy.
Mr. Levinson inquired about the status of the process review. He asked
for an update for the Planning and Zoning Department and the Community Improvement
Department. The City Manager stated the Commission should receive a complete report
very shortly.
He stated he is disappointed regarding the newspaper about County
Commissioner Mary McCarty's distribution of the $3 million which was taken away
from the Cartoon Museum. Her office indicated that Delray Beach had a meeting (City
Manager and Mayor Perlman) to request $500,000. Commissioner McCarty agreed to do
this but asked that a letter be sent. Mr. Levinson stated no letter was sent and therefore
the City of Delray Beach will not receive any funding.
Mr. Levinson stated there was an article about a generator pack (people
who run the sewer system) between Boca Raton and the City of Delray Beach and asked
if there is an opportunity for the City of Delray Beach to sign deals like this where
communities might choose to put in their own generators for lift stations, etc.
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01/16/07
He stated he too enjoyed Martin Luther King Day and commented about
the events. Mr. Levinson expressed concerns that in looking at many of the leaders in our
community that work on Martin Luther King Day the majority of them are older. Mr.
Levinson stated he is hopeful that the City can solicit younger people to take their place
in the future,
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Lastly, Mr. Levinson commented about an article regarding Carver Estates
and noted there was a glowing editorial about what a wonderful job the Delray Beach
Housing Authority did to properly relocate people in a tough market, obtained vouchers
and moving assistance, and food. Mr. Levinson congratulated the Delray Beach Housing
Authority and stated he had lunch with Gary Rosen and Dorothy Ellington regarding the
Community Land Trust (CLT). Mr. Levinson stated they got some responsibilities
worked out and he feels this will allow us and them to work much closer in the future.
He reported the Delray Beach Housing Authority is very close to signing their agreement
with Auburn Development.
13.C.4.
Mavor Perlman
Mayor Perlman stated the Martin Luther King (MLK) Breakfast was great
and stated it was nice to see Spady and Old School Square working together. He stated
Perry Stokes did a wonderful job and noted that his mother was one of the first African-
American businesswomen in town who owned a fish market. Mayor Perlman stated Mr.
Stokes is working with young men at Carver Middle School and teaching them
everything from academics to etiquette.
Secondly, he announced that Patsy Westall's mom passed away and asked
the Commission to express their condolences to her.
Mayor Perlman stated he received a few telephone calls today based on
the story that ran today about the Boynton Beach Community Redevelopment Agency
giving money for gang prevention. He stated the Delray Beach Community
Redevelopment Agency (CRA) has been contributing to the cause of providing
community policing and assistance in public safety. Mayor Perlman stated he is a firm
believer that the answer is not more programs but is really about parenting and personal
responsibility. Mayor Perlman stated Lula Butler, Director of Community Improvement,
is talking about having meetings with the CSC to expand the Beacon Center to a second
Beacon Center. He feels these are the types of things we should be investing in and
stated during the MLK Breakfast they said that government needs to be accountable and
there is a role for government to do this. However, Mayor Perlman stated the home and
the community need to meet the City more than halfway.
The City Manager stated Chief Schroeder had a very good meeting at
Bump Mitchell's church regarding a program called "Stop the Violence" that the church
is working on. The City Manager stated there were approximately 40 people in
attendance and he was encouraged with the turnout and the discussion. The City
Manager stated the City of Delray Beach has a lot of programs in place for teenagers
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where some of the neighboring cities do not offer as much. He feels that this could be
why Delray Beach has not had the same level of gang activity as some of the neighboring
cities have experienced.
Mayor Perlman stated there is a downtown property owner who has had
his buildings tagged pretty substantially approximately a week ago and almost solved his
own case and he cultivated some other kids and they recognized the tagging. He stated
this child is from Tropic Isle and is a "gang wanna-be" and has been putting graffiti on
the stop signs, etc. in Tropic Isle. Mayor Perlman stated Bass Creek is getting hit and the
issues there are very real. He stated the Police Department is working on this.
There being no further business, Mayor Perlman declared the meeting
adjourned at 7:55 p.m.
~~.~
City Clerk
ATTEST:
8~ l tJ.
OR '-
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 January 16, 2007, which Minutes were formally approved and adopted by the City
Commission on February 6, 2007
\~~.~~
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.
- 25 -
01/16/07
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
IN LIEU PARKING FEE REQUEST FOR BOB'S FAMOUS BAR
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
January 16, 2007.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the in lieu parking fee request for Bob's
Famous Bar for six (6) in-lieu parking spaces. 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 LOR Section 4.6.9(E)(3), when additional parking is required due to
expansions of use to an existing building 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. In the case of expansions of use, no existing parking
spaces may be eliminated.
Does the In Lieu Parking Fee request meet the requirements of LOR Section 4.6.9(E)(3)
and the conditions, if any, listed below?
Subiect to an approved site plan.
Yes 4
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.
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 in lieu parking fee request as set forth above.
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 16th day of January, 2007, by a vote of 4
opposed.
o
ATTEST:
~~~,~~~,
Chevelle Nubin, City Clerk
2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
EXTENSION REQUEST FOR CONDITIONAL USE APPROVAL GRANTED TO THE
CITYSCAPE DEVELOPMENT FOR HEIGHT
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. The above named conditional use extension request has come before the
City Commission on January 16, 2007.
2. This conditional use extension request comports with the future land use
element, is concurrent with the Comprehensive Plan and is consistent with the goals,
policies and objectives of the City's Comprehensive Plan.
3. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use extension request for
the Cityscape Development. All of the evidence is a part of the record in this case.
Required findings are made in accordance with LOR Section 2.4.4(F)(1) and (F)(3).
4. Section 2.4.4(F)(1) requires certain preliminary requirements to be met,
such as:
A written request submitted at least 45 days prior to the expiration date;
The request must set forth the basis and reason for the extension;
The request must be considered by the same body that granted the approval;
The extension, if granted, shall be for a term of 18 months unless otherwise
stated.
Have the preliminary requirements of Section 2.4.4(F){1) been met?
Yes 3 No 0
5. In making a determination under LOR Section 2.4.4(F)(3) the Commission shall
consider the following:
(a) The project shall be evaluated pursuant to the land development regulations in
effect at the time of consideration of the extension request and shall comply with such
current requirements;
(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.
Have the requirements of Section 2.4.4(F)(3) been met?
Yes 3
No 0
6. The comments and notes set forth in the staff report are hereby
incorporated herein.
7. The City Commission has applied the LDR requirements in existence at
the time the conditional use extension request was submitted.
8. 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.
9. Based on the entire record before it, the City Commission approves X
denies _ the conditional use extension request to allow the previous conditional use
approval to be valid until February 1, 2009. The City Commission hereby adopts this
Order this 16th day of January, 2007, by a vote of
o
opposed.
ATTEST:
~~'~~~J
Chevelle Nubin
City Clerk
2
I
FOR'-" 8BMEMORANDUM OF VOTING CONF1JCT;FOR'
COUNTY:, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
NAMEOf' BQARO. COUNclt. COMMIsSIoN, AUTHORlTY,'OR COL1MITTEE
Qe1..'J'ay Beac1~City CommiSsion
THE BOARD,COUNCIl. COMMisslON.AUtHoRnYOR~,ON, '"
.wtlIQHISERVE1SAlJNfTOF: " , ,,' " , "
IJcny OC<XMTY Q P'ltl.:RLOQAL~
,~OF~SUBOlyJSJoN:,
' "Cit
'0CcuRRe0
1/16/07 _
IT NAME.....HRST NAME-MIOOlE NAME
Perlman 'Jeffre Jo.,
_.lUNG ADDRESS
,971 De1rar Lakes Drive
COUNTY
,CITY
Do\TE ON WHICH '
B..ECTIVE ,
Q~
WHQ MUST FILE FORM 88
",~ -,{ ..
ThIs form is for use by any person serving at the county, city, or other IocaJlevel of govemmenl O('l,an appointed 9l" elected :board; oouncil,-
commission, authority, or committee. It applies equally to members of advisory and nOn-advisory bodies who are presented with a ~g
cbnftict of Interest under Section 112.3143, Florida Statutes. ,"< ",,' <,' ,
. ",",<, "
,'Yout ~blIitIe$ u~erthe law when faced With voting on ameesure in Which you have a ~fIjct of intereSt;jI(~;.y greaUy crepe~!ng
.on whether you hold an elective or appointive position. For this (easOn~' piea.se pay' close attention to the instn.i~onihJs fonnbefOre
O)mpleting the reverse side and filing the form.' " "."
"-" . :, '1 ,.
INSTRUCTIONS t=OR COMPLlANCEWJTHSECTION 112.3143, FLORiDA,srAir-tJ't6S
.";,.. ... ." ,~_.. 'P.--.-,' .".:.".. . _.' . < :. .',
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A 'perSon holding elective or appointive CQ~~ty, mU~~~I~Oro~~lwblieQffice'MUST ABSTAlNJronl V:9ti~';~'a:i~~~~
~ ~,~ or her special private ?ainorlOss. ,Ea~efec:ted or. a~JlOi~ted ~ ~~~ ~Iso !sprohibited,fr~: ~~.~~~;8\,~a-
~'MiIGh'InuteS-tG the special galOor,loSsof a~paI(o~erihan ,,~.. govem.mentagancy) by Wf'l<:HJl,heor ~hql$~tal~(fnt;IUding ~
~ ofganlzatioo or subsidiary of a CQrpotate princip~lby'V';hiCtfbe'o" sh~'isretained); toihes~alprivate gaihilr~bf;li felati'le{or"
to \the special private gain or loss ota business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.~, F.S., and officers of independent special tax districts elected on a one-acre. one-vote basis are not prohibited from voting in that
capa~ty.
r=or purposes of Chis Ia.,." a *relative* includes only the officer's father, mother, son. daughter. husband. wife; brother, sister, t8ther-in-law.
mother-kHaw, son-in-law, and daughter-in~aw. A *buslness associate. means any person or entity engaged In or canyiOg on a business
enterpriSe with the QfflCer as a partner, joint venturer, eoowner of property. or corporate sharehOlder (Where the shares of the corporation
are not listed on any national or regional stock exchange).
.
.
.
.
.
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.
-=lECTED OFFICERS:
In ~ltion 10 abstaining from voting in the situations desaibed 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 OA YS AFTER THE VOTE OCCURS ~y ~pIeting and filing this fonn with the person responsible forreconfing. the mIn-
utes of the meeting,who should IncocporatethEj form in the minutes. '
.
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APPOINTED OFFICERS:
Althoughyoumust 8bstalnfromvotingln the situatio!lsdesaibed above. you otherwise may participate in these maU(Jrsf,~ev~,y~.
must disclose the nature of the conflict before making anyaUempt to Influence the decision, whether orally or In 'Writinga~'~ethermade
YOU~8t your direction. '
tOu lNTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEEtiNG AT WHICH THE VOTE WiltSE
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)
CEFORM8B-EFF.1/2QOO Item IO.C PA.r.1=1
APPOIt{Q;DOFFIC~RS.(continqed)'; 'C;,~:: '. ", ....
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'. ~. offhe.:fcxqtmustbe~~tO.Utedher~Ot . '. ..' ,
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IF YOU ~.~A"lTEMPrTO INFl.(JE~9EnffJ~~~~J.~'~~ BY DISCUSSION AT THE MEETING:. ...
. . ..' "('. ~ . . - . . ,- . -' .' '.' _ "'h..: ~...' .' .'; _ - ,. . . . _;
. ~ You muSt cfiSCIosG cnlfy the natUre QfyoufCOnfttot.Vi ihe~~e participating. .
~ . '., . '_..~.:-, . . . ':"J:i-;'~'~d..:~'., ". . '- '. .
:..~ ~ou must:~lhdont1 and fileit.~"f1,~:~'~~~,'~~ witIJ.thepersonre~ponsible for reconrlll9..the:~of1h(t
: meeling.p~~te the.f<xn11r'! 1herrilnut~ f!.. ~y Ofthe'foorfmUst be pt'Ovided irI1mediately tothe:~tMt~~lhe
. . :agency.~1hG~~mustbe read'~ at Che rieitt ~Ufflfaner the form is filed. ..' .
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DISCLOSURE OF'.LOCALOFFICER.S INTEREST
.!
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.. 1effr.ey Perl:m8.n
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. ~~eby discrose ihat on ..
January 16
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NOTICE:UN.DE;RJ?ROVlSIONSOF FlORIDASTAiUTES ~112~3rT.A'f-AIlU~ET-b 'MAKEANYREQlJ1R-eP .oISGlO$URE' .
CON$Tlrul1f:$;GRauNOS:FOR AND MAY BE PUNISHISD BY ONE OR MOREOF THE FOllOWING~ IMPEACHMENT.'
pr.~VAl OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SAlARY. REf:'RIMAN.U;ORA
l .PEtw.:TYNOT TO i:)(CEED $10,000. . . '. ' ., ,. ". .
ce FORM 88 . EFF. 112JJOO
PAGE 2