02-20-07 Minutes Reg
FEBRUARY 20. 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, February 20, 2007.
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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
Douglas Smith, Assistant City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Dr. William Quick with Federation
of Christian Ministries.
3.
gIven.
The Pledge of Allegiance to the flag of the United States of America was
4.
AGENDA APPROVAL.
Mayor Perlman noted the addition of Item 9.N., Request for
Qualifications (RFQ) Responses/Old School Square Cultural Arts Center Expansion
to the Regular Agenda by addendum.
He stated Item 6.C., Government Finance Officers Association -
Certificate of Achievement for Excellence in Financial Reportin2 will become Item
7.C.
Mrs. Montague moved to approve as amended, 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.
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5.
APPROVAL OF MINUTES:
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Mr. Fetzer moved to approve the Minutes of the Roundtable Meeting of
January 30, 2007, seconded by Mrs. Ellis. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis -
Yes; Mr. Fetzer - Yes. Said motion passed with a 5 to 0 vote.
Mrs. Ellis moved to approve the Minutes of the Regular Meeting of
February 6,2007, seconded by Mrs. Montague. Upon roll call the Coinmission 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.
Mrs. Montague moved to approve the Minutes of the Special/W orkshop
Meeting of February 13, 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; Mrs. Montague - Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
6.A. Reco2nizin2 American Red Cross Month - March 2007
Mayor Perlman noted this proclamation will be mailed.
6.B. Reco2nizin2 and Commendin2 Alpha Xi Delta Sorority and Si2ma
Phi Epsilon Fraternitv
Mayor Perlman read and presented a proclamation hereby recognizing and
commending Alpha Xi Delta Sorority and Sigma Phi Epsilon Fraternity for their
dedication, hard work and support given to the Miracle League.
7. PRESENTATIONS:
7.A. Special Reco2nition Awards - Tom Murphv
Mayor Perlman stated he has worked alongside Tom Murphy on the
Achievement Centers Board for a number of years and he has been very impressed with
Mr. Murphy's leadership, dedication, passion and commitment to the cause and the
children in our community. Mayor Perlman presented Tom Murphy with a Special
Recognition Award for his outstanding contributions to the Achievement Center for
Children and Families. Mr. Murphy came forward to accept the award and thanked the
City Commission for this honor.
7.B. International Tennis Tournament - Mark Baron
Mark Baron, Tournament Director of the Delray Beach International
Tennis Championships, stated he came here eight years ago with the hope of growing the
event each year. He stated the staff has been unbelievable and without the help of the
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City staff and the City Manager, this event could not have gotten to where it is today. Mr.
Baron stated they hope to make last year and the Agassi year pale in comparison to next
year. He stated the event has a new date and noted they will no longer be competing with
the Super Bowl weekend or the Australian Open. However, now they fall into the
calendar where every player in the entire world could schedule to play their event. Mr.
Baron stated he hopes to grow the attendance to 75,000 next year. Mr. Baron presented
the Title Sponsor Trophy to Mayor Perlman and thanked the City Commission for
everything they have done.
7.C. Government Finance Officers Association
Achievement for Excellence in Financial Reportin2
Certificate of
Mayor Perlman presented Joseph Safford, Finance Director, with the
Certificate of Achievement for Excellence in Financial Reporting from the Government
Finance Officers Association.
Joseph Safford, Finance Director, stated the Comprehensive Annual
Financial Report is about a four month process every year. An external audit is
performed every year and is a detailed audit of the City taking roughly three months and
staff takes another month in preparing the Annual Financial Report. Mr. Safford stated
there are national regulations and standards that the City has to apply in the preparation
of that report which includes all of the City's entities (City, CRA, SCRWTDB, DDA,
etc.). He stated in the report there are extensive detailed notes which explain the
financial condition of the city and is a summary of what the city accomplished in the
prior year. Mr. Safford thanked Milena Walinski, Assistant Finance Director, and the
entire Finance Department staff for the excellent work that they do on this report. He
also thanked the City Commission for their superb support over his 16 years of
employment with the City of Delray Beach and stated the accomplishments of the City of
Delray Beach are astounding. He stated at the same time with the support of the City
Commission, the City of Delray Beach has been able to maintain a very credible financial
condition.
8.
CONSENT AGENDA: City Manager Recommends Approval.
8.A. ACCEPTANCE OF RIGHT-OF-WAY DEED/214 SE 7th AVENUE:
Approve and accept a right-of-way deed for five feet (5') for SE ih Avenue associated
with the development of 214 SE 7th Avenue, located on the west side of SE 7th Avenue
between SE 2nd Street and SE 3rd Street, within the Marina Historic District.
8.B. ACCEPTANCE OF RIGHT-OF-WAY DEED/ll04 NASSAU
STREET: Approve and accept a right-of-way deed for 1104 Nassau Street.
8.C. REOUEST FOR SIDEWALK DEFERRAL/ll04 NASSAU STREET:
Approve a request to defer the installation of a sidewalk for the Nassau Street and
Gleason Street frontage of 1104 Nassau Street.
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8.D. REQUEST FOR SIDEWALK DEFERRAL/1248 SEASPRAY
AVENUE: Approve a request to defer the installation of a sidewalk in front of 1248
Seaspray Avenue.
8.E. ACCEPTANCE OF EASEMENT DEED/502 NORTH OCEAN
BOULEVARD: Approve and accept a proposed 12 foot sewer easement at 502 North
Ocean Boulevard.
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8.F. LANDSCAPE MAINTENANCE AGREEMENT/SEAGATE BEACH
CLUB: Approve and accept a landscape maintenance agreement for landscaping to be
located within the Ocean Boulevard right-of-way located at the Seagate Beach Club.
8.G. TRI-PARTY PARKING AGREEMENT/SEAGATE BEACH CLUB:
Approve and accept a tri-party parking agreement between the City, the Seagate Beach
Club and the Seagate Residences, located at the southeast and southwest corners of
Ocean Boulevard and Casuarina Road.
8.H. CHANGE ORDER NO. l/FINAL (CONTRACT CLOSEOUT)/B.K.
MARINE CONSTRUCTION. INC.: Approve Change Order No. l/Final (Contract
Closeout) in the amount of a $6,875.00 decrease and final payment in the amount of
$2,937.00 to B.K. Marine Construction, Inc. for completion of the City Marina &
Veterans Park Dock Project. Funding is available from 551-1575-591-45.50 (Business
Insurance Fund/Property Claims).
8.1. CHANGE ORDER NO. l/FINAL (CONTRACT
CLOSEOUT)IWELLING CONSTRUCTION. INC.: Approve Change Order No.
l/Final (Contract Closeout) in the amount of a $6,186.80 decrease and final payment in
the amount of$16,744.80 to Welling Construction, Inc. for the LaHacienda Gardens Park
Project. Funding is available from 334-4131-572-68.12 (General Construction
FundlNeighborhood Parks- LaHacienda).
8.J. CHANGE ORDER NO. 3/DURACLEAN D/B/A THE PRINCIPLE
GROUP. LLC: Approve Change Order No.3 in the amount of $36,600.25 to Duraclean
d/b/a The Principle Group, LLC for additional water damage and microbial remediation
at the Municipal Golf Course Clubhouse. Funding is available from 551-1575-591-45.50
(Business Insurance Fund/Property Claims).
8.K. SUPPLEMENT NO. 2/SERVICE AUTHORIZATION NO. 2/CH2M
HILL. INC. Approve Supplement No.2 to Service Authorization No.2 in the amount of
$27,300.00 to CH2M Hill, Inc. for limited construction administration services regarding
the Pompey Park Building Improvements. Funding is available from 380-4150-572-
62.61 (2004 G.O. Bond/Pompey Park Building Improvements).
8.L. BLOCK 64 DRAINAGE AND WATER MAIN IMPROVEMENT
PROJECT/CHAZ EQUIPMENT COMPANY: Approve a construction contract in the
amount of$415,957.00 with Chaz Equipment Company for the construction of the Block
64 Drainage and Water Main Improvements Project. The funding is available from 442-
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5178-536-65.33 (Water/Sewer Renewal and Replacement FundIBlock 64 Improvements)
and 448-5461-538-65.33 (Stormwater Utility FundIBlock 64 Improvements).
8.M. AMENDMENT NO. 2/CHRIS EVERT CHARITIES. INC.
'A<fREEMENT: Approve Amendment No. 2 to the agreement between the City and
Chris Evert Charities, Inc. to provide for the date of the Event (November 2-4, 2007) and
the due date for certain payments made by the City to Chris Evert Charities; and provide
that the City will not hold a major tennis event 30 days prior to or after the Chris Evert
Event.
8.N. TERMINATE CONTRACT FOR SALE AND
PURCHASE/COMMUNITY LAND TRUST. INC./802 SW 3RD STREET: Approve
an agreement to terminate the contract for sale and purchase between the City and the
Delray Beach Community Land Trust, Inc. for the property located at 802 SW 3rd Street.
8.0. ACCEPTANCE OF COUNTY DEEDS/232 NW 8TH A VENUE/315
SW 3RD STREET: Accept two (2) proposed county deeds between the City and Palm
Beach County for two (2) properties located at 232 NW 8th Avenue and 315 SW 3rd
Street.
8.P. AGREEMENT/HATCHER CONSTRUCTION AND
DEVELOPMENT. INC.: Approve an agreement between the City and Hatcher
Construction and Development, Inc. in the amount of $16,535.00 for the renovations to
the Neighborhood Resource Center (NRC) Phase II located at 145 NW 12th Avenue.
Funding is available from 118-1965-554-63.42 (Community Development
FundlNeighborhood Resource Center).
~ COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-
RECIPIENT FUNDING AGREEMENT: Approve and authorize the execution of the
funding agreement with The Center for Technology, Enterprise and Development, Inc.
(T.E.D. Center) under the Community Development Block Grant (CDBG) program for
FY 2006-2007 in partnership with the Community Redevelopment Agency (CRA), with
the total funding in the amount of $60,000.00 from various accounts within the CDBG
fund.
8.R. HOUSING REHABILITATION GRANT/CONTRACT AWARDS:
Approve three Housing Rehabilitation grant/contract awards through the Community
Development Division in the amount of $47,433.75 to Craftsman Plus, Inc. (501 SW ih
Avenue and 113 SW 13th Avenue), and in the amount of $27,384.00 to South Florida
Construction Services, Inc. (1316 Prospect Street). Funding is available from 118-1963-
554-49.19 (Community Development Fund/Housing Rehabilitation).
8.S. SUBORDINATION AGREEMENT FOR COMMUNITY
DEVELOPMENT FUNDING RECIPIENT: Authorize and approve subordination of
the City's second mortgage in the amount of $17,094.00 to allow the applicant to secure
new financing.
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8.T. SPECIAL EVENT REQUEST/EAST END VOLLEYBALL
TOURNAMENT: Approve a request from East End Volleyball for the East End
Volleyball Tournament to be held at the municipal beach on March 24 and 25,2007.
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8.U. RATIFICATION OF THE OLD SCHOOL SQUARE BOARD OF
DIRECTORS FOR 2007: Approve and ratify the proposed slate of Directors for the
Old School Square Board for 2007.
8.V. RESOLUTION NO. 13-07/FIRST AMENDMENT AND
EXTENSIONIMEMORANDUM OF AGREEMENT/SOUTH FLORIDA URBAN
SEARCH AND RESCUE TASK FORCE: Approve Resolution No. 13-07 and the
First Amendment and Extension to the South Florida Urban Search and Rescue Task
Force Memorandum of Agreement for the City's continued participation in the South
Florida Urban Search and Rescue Task Force extending the time for expiration of the
original agreement from December 31, 2005 until Federal Emergency Management
Agency (FEMA) develops a new Memorandum of Agreement or until terminated by any
party upon thirty (30) days notice.
The caption of Resolution No. 13-07 is as follows:
THE RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
COMMITTING TO CONTINUED SUPPORT OF THE
LOCAL URBAN SEARCH AND RESCUE TASK
FORCE.
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(The official copy of Resolution No. 13-07 is on file in the City Clerk's
office. )
8.W. RESOLUTION NO. 15-07: Approve Resolution No. 15-07 declaring
opposition to House Bill 529 known as the "Consumer Choice Act of 2001", and urging
the Governor and the Palm Beach County Legislative Delegation to oppose the bill.
The caption of Resolution No. 15-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
EXPRESSING OPPOSITION TO HOUSE BILL 529
KNOWN AS THE "CONSUMER CHOICE ACT OF
2001" (H529), URGING FLORIDA LEGISLATIVE
REPRESENTATIVES TO REFRAIN FROM ANY
FORM OF SUPPORT OR CO-SPONSORSHIP OF H529
AND TO VOTE IN OPPOSITION TO H529,
REQUESTING GOVERNOR CRIST TO ADVISE THE
HOUSE AND SENATE LEADERSHIP THAT HE DOES
NOT SUPPORT H529 IN ADVANCE OF THE
OPENING OF THE 2007 REGULAR SESSION, AND
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DIRECTING THAT THIS RESOLUTION BE
FORWARDED TO FLORIDA GOVERNOR CRIST,
THE PALM BEACH COUNTY LEGISLATIVE
DELEGATION, THE MAYOR OF EACH
MUNICIPALITY IN PALM BEACH COUNTY, THE
LEADERSHIP OF THE PALM BEACH COUNTY
LEAGUE OF CITIES, THE LEADERSHIP OF THE
FLORIDA LEAGUE OF CITIES, AND EACH MEMBER
OF THE PALM BEACH COUNTY BOARD OF
COUNTY COMMISSIONERS; PROVIDING AN
EFFECTIVE DATE.
(The official copy of Resolution No. 15-07 is on file in the City Clerk's
office. )
8.X. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period February 5,2007 through February 16, 2007.
8.Y. AWARD OF BIDS AND CONTRACTS:
1- Purchase award to Americas Generators in the amount of
$101,059.38 for the purchase ofa 565KW unit to replace the under
capacity generator at the Police Department. Funding is available
from 334-6112-522-64.90 (General Construction Fund/Other
Machinery/Equipment).
~. Purchase award to Wesco Turf Supply, Inc. in the amount
$15,698.09 for the purchase of one (1) Model #30361 Toro
Groundsmaster 7200 Heavy Duty Zero Turn Mower with 72"
Recycler Deck via the Florida State Contract #515-630-06-1 for
the Parks and Recreation Department. Funding is available from
001-4138-572-64.90 (General Fund/Other Machinery/Equipment).
Mrs. Ellis moved to approve the Consent Agenda as presented, 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.
REGULAR AGENDA:
9.A. WAIVER REOUESTI1248 SEASPRAY AVENUE: Consider a request
for waiver of Land Development Regulations (LDR) Section 4.1.4(C), "Use of Lots of
Record", regarding minimum lot dimension requirements for 1248 Seaspray Avenue.
(Quasi-Judicial Hearing)
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Mayor Perlman read into the record the City of Delray Beach Quasi-
Judicial Hearing for this item and all subsequent Quasi-Judicial items.
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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 #2007-090 into the record.
Mr. Dorling stated the applicant owns two adjoining lots of record that
until recently had two single family structures on them. One of the single family homes
has recently been demolished and the applicant is now seeking approval for new
construction on the vacant lot. LDR Section 4.1.4(C) requires that if there are two or
more adjoining lots that are under the same ownership they can only be developed if they
meet minimum requirements. A waiver to this requirement may be granted by the City
Commission pursuant to the provisions of LDR Section 2.4.7(B). He stated 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.
Gary Eliopoulos. 205 Geor2e Bush Boulevard. Delrav Beach
(Architect for the project). gave a brief overview ofthe project.
There was no cross-examination or rebuttal.
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).
Mrs. Ellis moved to adopt the Board Order as presented, seconded by Mr.
Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Levinson
- Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion
passed with a 5 to 0 vote.
9.B. SPECIAL EVENT REQUESTIDELRAY AFFAIR: Consider approval
of a special event request from the Chamber of Commerce to endorse the 45th Delray
Affair to be held on April 13-15, 2007, contingent upon the staff recommended
conditions, receipt of a certificate of general liability insurance, liquor liability insurance,
and a hold harmless agreement.
Robert A. Barcinski, Assistant City Manager, stated this is a request for
the Commission to endorse the 45th Annual Delray Affair to be held April 13-15, 2007,
and approve the street closures, provide staff support, allow signage to be put up more
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than one week prior to the event, banners to be hung, that this be the only event that
weekend and all vendors controlled by the Chamber of Commerce. In addition, this year
the Chamber has requested that the fee for services be set at a flat rate of $20,000.00.
The overtime costs for this event are approximately $61,530.00 with stage rental being
$530.00 and barricade rental $1,200.00. Per event policies and procedures the Chamber
of Commerce would be required to pay approximately $39,690.00 for City costs and
$1,200.00 for barricade rental.
Lynn Bialakis. Chamber of Commerce. stated this is the 45th
anniversary of the Delray Affair and is the City's signature event and noted that they
bring approximately 250,000 people to downtown Delray Beach for three days. The cost
of producing this event is escalating every year.
Prior to the vote, Commissioner Ellis disclosed that she sits on the Board
for the Chamber of Commerce; however, per the City Attorney she is allowed to vote on
this item.
Mrs. Ellis moved to approve the 45th Annual Delray Affair to be held
April 13-15, 2007, subject to staffs recommendation including the flat fee, 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.C. CM AT RISK CONTRACT/SOCCER COMPLEX/MILLER PARK
PROJECT/FIRE STATION #4 REPLACEMENT PROJECT: Consider approval of
the Review Committee's rankings of the Request For Proposals (RFP's) for the
Construction Manager (CM) At Risk Contract for construction of the Soccer
Complex/Miller Park and Fire Station #4 Replacement Project and authorize staff to
proceed with contract negotiations with the top ranked firms, The Weitz Company, for
the Soccer Complex/Miller Park Project and with Catalfumo Construction for the Fire
Station #4 Replacement Project.
Richard Hasko, Director of Environmental Services, stated they have now
completed the process for the CM at Risk construction management contracts for the
soccer complex and the Miller Park project as well as Fire Station #4. Phase II of the
evaluation process involved presentations to the review committee from the top four
ranked respondents: (1) The Weitz Company, (2) Catalfumo Construction Company, (3)
West Construction, Inc., (4) BSA Corporation. The Weitz Company did not submit for
the Fire Station #4 Replacement project. Catalfumo Construction Company submitted
for both Parks and Fire Station projects. On the basis of the final rankings, the Review
Committee recommends that the rankings be accepted and that staff be authorized to
negotiate preconstruction fees with the Weitz Company for the Soccer Complex/Miller
Park Project and Catalfumo Construction Company for Fire Station #4 Replacement
Proj ect.
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Mr. Fetzer asked what were the reasons the Review Committee felt that
the CM At Risk was the best alternative for these locations. In response, Mr. Hasko
stated Fire Station #4 is a building project and there is some site work involved. Mr.
Hasko stated typically with a building project there is a lot of coordination that has to go
on. Staff will get the benefit of some pre-construction input from the construction
manager on that and it is the kind of project that the CM At Risk works well for. Mr.
Hasko stated the reason staff went with the CM At Risk for the parks project is primarily
because of the coordination issues that those two projects present between the timing of
construction of each project and the events that have to be coordinated.
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Mrs. Montague moved to approve acceptance of the review committee's
rankings and authorization for staff to enter into negotiations for preconstruction services
with The Weitz Company for the Soccer Complex/Miller Park Project and Catalfumo
Construction Company for the Fire Station #4 Replacement Project, 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.
9.D. CITY V. GOVERNMENT TECHNOLOGY RESOURCES. INC.
AND INNOPRISE SOFTWARE. INC.: Consider approval to file a voluntary
dismissal, with Government Technology Resources, Inc. (GTR) and Innoprise Software,
Inc. bearing its own attorney's fees and costs in this lawsuit.
Mr. Levinson inquired as to whether or not the City can declare
disbarment.
It was the consensus of the Commission to direct the City Attorney to look
at this option.
Mrs. Ellis moved to approve to file a voluntary dismissal in the City of
Delray Beach v. Government Technology Resources, Inc. (GTR) and Innoprise Software,
Inc., seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Ms. Montague -
Yes. Said motion passed with 5 to 0 vote.
9.E. AGREEMENT/ALCALDE AND FAY: Consider approval of an
agreement with Alcalde and Fay for federal lobbying services.
Doug Smith, Assistant City Manager, stated per the direction of the City
Commission from the February 13, 2007 Workshop meeting staff prepared agreements
with two firms. This item is an agreement with Alcalde and Fay for federal lobbying
services. Compensation to Alcalde and Fay under the agreement is $5,000 per month
plus reimbursable expenses with a thirty (30) day cancellation notice. Staff will discuss
the services provided by both Alcalde and Fay and Artemis Strategies with the City
Commission in August/September 2007 to determine how to proceed with federal
lobbying services.
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Mrs. Montague stated only one is going to proceed after the six month
period and asked if this needs to be included in the language. The City Attorney stated
there is termination upon thirty (30) days upon written notice for no reason without
cause. The City Attorney stated we are not precluded by the agreement. Mrs. Montague
stated she would like a thorough update report in three (3) months versus waiting six
months.
Mrs. Ellis moved to approve the agreement with Alcalde and Fay for
federal lobbying services, seconded by Mrs. Montague. Upon roll call the Commission
voted as follows: Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs.
Montague - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote.
9.F. AGREEMENT/ARTEMIS STRATEGIES: Consider approval of an
agreement with Artemis Strategies for federal lobbying services.
Doug Smith, Assistant City Manager, stated this is a very similar
agreement. However, one difference is the grants provision clause is struck from the
language.
Brief discussion followed between staff and the Commission regarding the
recommended priorities for Federal lobbying services.
Mayor Perlman asked what the rationale was in assigning some Federal
lobbying priorities to one company and some to another company. In response, Mr.
Smith stated he spoke to both of the firms and received some feedback. Mr. Smith stated
there are numerous items that you do not want to have on the list so they are not
overlapping with each other. For example, Mr. Smith stated he had more items with
Artemis Strategies but they suggested that staff not overlap the priorities. Artemis
Strategies expressed the desire that it would be good to pursue 2-3 projects.
Mr. Smith asked the Commission to give their consensus to these
recommended priorities as well as the ability for staff to assign those items under the
"other" category if we are able to provide something under the anti-gang initiatives. He
would suggest assigning this to Artemis Strategies because they only have two projects
right now. Or, if staff determines that some of the other items will work then they can
have the opportunity to assign those to either one of the firms. Mr. Smith stated he will
be talking to both firms tomorrow to go over the combined items and he wants to make
sure there is not an overlap between the firms or a conflict on a funding source.
Mrs. Montague commented about the anti-gang program and asked if Mr.
Smith has discussed this with Police Chief Schroeder. Mr. Smith stated he asked Chief
Schroeder about it and he indicated that if they are able to come up with a program that
we can request for, we will. Mrs. Montague asked if Chief Schroeder came up with
something in the next month or two, who this would be assigned to. Mr. Smith stated
Chief Schroeder would have to give staff a rough outline rather quickly because the
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requests have to get in very quickly. Mr. Smith suggested assigning this to Artemis
Strategies because they only have two projects right now.
Mrs. Ellis commented about the overlapping and stated it does not mean
that they would not pursue more than one Police Department program. Mr. Smith stated
they would need to take those out of different funding sources.
Mr. Levinson suggested that the Deep Well Injection Process be added to
the Reclaimed Water.
Mayor Perlman stated there will hopefully be local law enforcement block
grants restored and money for additional personnel. He stated the City of Delray Beach
would like to have more people assigned to the multi-agency task forces. Also, Mayor
Perlman stated the U.S. Conference of Mayors is proposing local energy block grants for
environmental initiatives to help convert fleets to hybrids, etc. Mayor Perlman stated the
National League of Cities and the U.S. Conference of Mayors is hoping to not have block
grants go to the states but actually have grants made directly to cities (for energy and law
enforcement).
Mrs. Ellis moved to approve the agreement with Artemis Strategies for
federal lobbying services, 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.
At this point, the time being 7:07 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 71-06: Privately initiated rezoning from I (Industrial)
in part and OS (Open Space) in part to MIC (Mixed Industrial and Commercial) for a
10.7 acre property located along Depot Road north of the Old Train Station, between the
CSX Railroad and 1-95. Prior to consideration of passage of this ordinance on Second
and FINAL Reading, a public hearing has been scheduled to be held at this time. (Quasi-
Judicial Hearing)
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
ZONED I (INDUSTRIAL) DISTRICT IN PART AND OS
(OPEN SPACE) DISTRICT IN PART TO MIC (MIXED
INDUSTRIAL AND COMMERCIAL) DISTRICT; SAID
LAND BEING A PARCEL LOCATED NORTH OF THE
OLD TRAIN STATION, BETWEEN THE CSX
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RAILROAD AND 1-95, AS MORE P ARTICULARL Y
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. A public hearing was
held having been legally advertised in compliance with the Jaws of the State of Florida
and the Charter of the City of Delray Beach, Florida. '
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Ron Hoggard, Senior Planner (Redevelopment), entered the Planning and
Zoning Department project file #2006-202 and #2006-203 into the record.
Mr. Hoggard stated the property is located between 1-95 and the CSX
Railroad south of Lake Ida Road and goes down to the Old Train Station. This is 10.7
acres and originally the property was for rezoning of 8.8 acres of the applicant's property
and now there is a change because we are also rezoning the area that has the OS portion
to the east including the road for Depot Road adjacent to the railroad tracks. The
applicant's property will net to approximately 9.0 acres but the entire area is being
rezoned (the road and the open space) because the property has not switched yet and this
is why it is 10.7 acres. Mr. Hoggard stated this is to rezone from I (Industrial) and OS
(Open Space) to MIC (Mixed Industrial and Commercial) and the MIC gives more
flexibility with the property. The applicant proposes to develop this as a percentage with
office area, warehouse area and multi-family. The multi-family development will not be
allowed within the MIC District until the City does an LDR amendment later this month.
Mr. Hoggard stated the Comprehensive Plan has been amended to allow the workforce
housing overlay district to allow redevelopment with residential uses with the percentage
of workforce housing. Mr. Hoggard stated this has been adopted and sent into the State.
At its meeting of July 17, 2006, the Planning and Zoning Board held a
public hearing and recommended approval with a vote of 6 to O. Mr. Hoggard stated they
made the findings in the staff report for Chapter 3 and the rezoning action findings per
LDR Section 2.4.5(D)(5). Staff recommends approval of the rezoning request.
Mayor Perlman stated if anyone would like to speak in favor or In
opposition of the rezoning, to please come forward at this time.
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02/20/07
Charlie Putman. Applicant for the property owner's. stated they would
like to rezone the property to MIC (Mixed Industrial and Commercial) because it will
allow them more flexibility to do a variety of uses even if they are not residential. He
stated a portion of their property is already in the MIC district.
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Alice Fins!. 707 Place Tavan!. Delray Beach. stated she was involved
with a group that has been studying the arts in Delray Beach and how to promote the arts.
She suggested that this could be an opportunity for artists to live and work on their
property.
There being no one else from the public who wished to address the
Commission regarding the rezoning, the public hearing was closed.
There was no cross-examination or rebuttal.
Mrs. Ellis asked who is paying for the road. In response, Mr. Putman
stated he is paying for the new road.
Mrs. Ellis moved to adopt Ordinance No. 71-06 on Second and FINAL
Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows:
Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr.
Fetzer - Yes. Said motion passed with a 5 to 0 vote.
10.B. ORDINANCE NO. 5-07 (SECOND READING/SECOND PUBLIC
HEARING): City initiated rezoning from MIC (Mixed Industrial and Commercial),
PCC (Planned Commerce Center), POC (planned Office Center), PC (planned
Commercial), and CF (Community Facilities) to MROC (Mixed Residential Office and
Commercial) for the area bounded by West Atlantic Avenue on the north, the C-15 canal
to the south, 1-95 transportation corridor on the east and Congress Avenue on the west
together with the Congress Park, Congress Park South and the Office Depot complexes,
located just west of Congress Avenue. (Quasi-Judicial Hearing)
The caption of Ordinance No. 5-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED MIC (MIXED INDUSTRIAL AND
COMMERCIAL) DISTRICT IN PART, PCC (PLANNED
COMMERCE CENTER) DISTRICT IN PART, POC
(PLANNED OFFICE CENTER) DISTRICT IN PART, PC
(PLANNED COMMERCIAL) DISTRICT IN PART, AND
CF (COMMUNITY FACILITIES) DISTRICT IN PART
TO MROC (MIXED RESIDENTIAL, OFFICE AND
COMMERCIAL) DISTRICT; SAID LAND BEING
PARCELS OF LAND GENERALLY LOCATED
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02/20/07
WITHIN THE AREA BOUNDED ON THE NORTH BY
WEST ATLANTIC AVENUE, ON THE SOUTH BY THE
C-15 CANAL, ON THE EAST BY 1-95, ON THE WEST
BY CONGRESS AVENUE, AND TOGETHER WITH
THE CONGRESS PARK, CONGRESS PARK SOUTH
AND OFFICE DEPOT COMPLEXES, LOCATED ruST
WEST OF CONGRESS AVENUE AS MORE
P ARTICULARL Y 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. 5-07 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter ofthe 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 #2007-074 into the record.
Mr. Dorling stated this is a City initiated rezoning from MIC (Mixed
Industrial and Commercial), POC (planned Office Center), CF (Community Facilities),
PC (planned Commercial), and PCC (planned Commerce Center) to MROC (Mixed
Residential, Office and Commercial) for properties generally located south of West
Atlantic Avenue between Congress Avenue and 1-95 south to the City limits including
the Office Depot, Congress Park, and Congress Park South office complexes. The
rezoning involves 63 parcels totaling 225.50 acres located within the Congress Avenue
Corridor development area. A City initiated Comprehensive Plan Amendment to
establish the Congress Avenue Mixed Use Land Use Map category (part of
Comprehensive Plan Amendment 2007-1) and forwarded to DCA. It also involved the
creation of an MROC zoning category which was approved by the City Commission on
December 5, 2006. This directive follows the policies of the Comprehensive Plan which
calls for the creation of an overlay district within this corridor to facilitate and encourage
development of Class A office space (Future Land Use Element Policy A-l.9). The
amendment also implements Comprehensive Plan Future Land Use Element Objective A-
5 which calls for the creation of mixed use developments and Housing Element policies
that encourage providing diverse housing opportunities including workforce housing and
transit orientated housing through innovative development practices.
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02120/07
At its meeting of January 22, 2007, the Planning and Zoning Board
considered the rezoning and the Board recommended approval with a 6 to 0 vote.
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Mr. Dorling stated on first reading staff gave copies of Mr. Elmore's letter
as it relates to his property. For the record, Mr. Dorling stated Mr. Elmore wanted it
noted that he is a 24/7 operation and it is noisy. In addition, he wants people who
develop property in the vicinity (particularly residential property) to be aware of this.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of the rezoning, to please come forward at this time.
Kristv Verzaal . 3007 S.W. Terrace #292-A. Delrav Beach (Delrav
Oaks Condominium Association). stated she appeared before the Planning and Zoning
Board on January 22, 2007 to discuss the proposed rezoning of the Congress Avenue
Corridor. She stated Delray Oaks Condominium Association sent a letter to the City
Manager's office on January 26,2007. She stated the letter was forwarded to Mr. Hasko
for a draft response by the City Manager's Office. To date, Ms. Verzaal stated there has
been no response to this request although a letter Delray Oaks received from the City
Manager stated they would receive a response within seven days. Ms. Verzaal stated
currently the City has put traffic count lines down in place on S.W. 29th which is also
S.W. 22nd Avenue. Ms. Verzaal stated the Delray Oaks Condominium Association has
requested that a traffic signal be installed at the entrance to S.W. 29th and Congress
Avenue with the request that one be placed there before construction begin on these
properties especially Office Depot. She stated a petition has been initiated and will
continue to get signatures and will forward it to the City Manager's office. Ms. Verzaal
stated two weeks ago there was a horrific accident at the intersection of S.W. 29th and
Congress Avenue.
There being no one else from the public who wished to address the
Commission regarding the rezoning, the public hearing was closed.
Mrs. Montague moved to adopt Ordinance No. 5-07 on Second
Reading/Second Public Hearing, seconded by Mr. Fetzer. Upon roll call the Commission
voted as follows: Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr.
Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
At this point, Mr. Levinson stepped away from the dais.
10.C. ORDINANCE NO. 2-07: Privately initiated amendments to the Land
Development Regulations (LDR), Article 4.7, "Family Workforce Housing," Section
4.7.9 "General Provisions," to allow one (1) bedroom units in the Workforce Housing
Program.
The caption of Ordinance No. 2-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
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02/20/07
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SECTION 4.7.9, "GENERAL
PROVISIONS", TO CLARIFY THE TYPE AND
NUMBER OF CERTAIN UNITS ALLOWED;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 2-07 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter ofthe City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this ordinance
proposes a change to the family workforce housing ordinance originally adopted by the
City Commission on December 6, 2004. The program has been amended twice since that
date to provide additional opportunities and incentives for the provision of workforce
housing. Mr. Dorling stated when the workforce housing ordinance was originally
envisioned it was to accommodate housing for larger families and now there is a need to
provide affordable units for single family and married couples without children. The
proposed amendment includes provisions to cap the number of one-bedroom units to no
more than 30% of the total units in the project and to cap the number of one-bedroom
units to no more than 30% of the total units in the project and to prohibit efficiency and
studio type units.
At its meeting of January 22,2007, the text amendment was considered by
the Planning and Zoning Board. No one from the public spoke on the amendment and
. recommended approval with a 5 to 0 vote.
Mayor Perlman declared the public hearing open.
Charlie Putman. supports this ordinance and urged the Commission to
support as well.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 2-07, the public hearing was closed.
Mr. Fetzer moved to adopt Ordinance No. 2-07 on Second and FINAL
Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows:
Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mrs. Montague - Yes. Said
motion passed with a 4 to 0 vote.
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02/20/07
10.D. ORDINANCE NO. 6-07 (FIRST READING/FIRST PUBLIC
HEARING): City initiated amendment to Land Development Regulations (LDR)
Section 4.4.13, "Central Business (CBD) District," Subsection (F), "Development
Standards," relating to the Downtown Delray Beach Design Guidelines. If passed, a
Second Reading/Second Public Hearing will be scheduled for March 5,2007.
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The caption of Ordinance No. 6-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH
BY AMENDING CHAPTER FOUR, "ZONING
REGULATIONS", SECTION 4.4.13, "CENTRAL
BUSINESS (CDB) DISTRICT", SUBSECTION (F),
"DEVELOPMENT STANDARDS", IN ORDER TO
PROVIDE UPDATED DESIGN GUIDELINES FOR THE
CENTRAL BUSINESS DISTRICT; PROVIDING A
SAVINGS CLAUSE, A GENERAL REPEALER
CLAUSE AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 6-07 is on file in the City Clerk's
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office. )
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated on March 19, 2002
the City Commission adopted the Downtown Delray Beach Master Plan. Mr. Dorling
stated in the Master Plan it called for the creation of Design Guidelines to mitigate mass
and scale of buildings. These guidelines were created and adopted by the City
Commission on May 4, 2004. He stated there have been a number of projects approved
under the Design Guidelines but none of those projects have been constructed. Some of
those related to issues of tweaking of the ordinance. In late 2006, the Community
Redevelopment Agency (CRA) and City staff participated in a series of meetings with
local developers and design professionals to review these design guidelines and
determine if changes were needed. Also, the Treasure Coast Regional Planning Council
(TCRPC) came up with some recommendations with some changes in an exercise they
did in early 2006. The changes are summarized in the Planning and Zoning staff report.
The standards also include six different criteria and those have been reduced to two based
upon the typical width of the road. For the wider streets, it requires a minimum setback
up to 37 feet and then requires the setback on the third floor with the narrower streets set
at 25 feet. On the upper levels (up to 48 feet), at least 70% of the building has to be set
back (stepped back) a minimum of 15 feet from the front property line. The rest of the
upper level can be built at the minimum front setback. As you get to the fifth floor, it is
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02120/07
limited to 50% of the ground floor; however, it allows maximum design flexibility. It
also provides some exception to accommodate things like stair towers, elevator shafts,
sight visibility triangles, utility easements, driveways, etc. Exceptions are also permitted
for public plazas and parking garages. In addition, three story town homes are not
required to step back the upper story and it also provides additional design flexibility for
civic buildings such as libraries, cultural facilities, municipal buildings, etc. and redefines
height to encourage hip, gable and gambrel roofs rather than flat or mansard roofs.
At its meeting of January 10, 2007, the West Atlantic Avenue
Redevelopment Coalition (W ARC) considered the changes early on in the modification
process and did not have any concerns; at its meeting of February 7,2007, the Pineapple
Grove Main Street (pGMS) Board recommended approval; at its meeting of February 12,
2007, the Downtown Development Authority (DDA) considered the changes and
recommended approval; at its meeting of January 11, 2007, the Community
Redevelopment Agency (CRA) considered the text amendments and recommended
approval; at its meeting of February 12, 2007, the Planning and Zoning Board considered
the LDR amendment and there were several local architects and developers who spoke in
favor of the changes and they felt it met the intent of the original design guidelines but
that it would be easier to administer and provide greater design flexibility for the
community. The Planning and Zoning Board recommended approval with a 7 to 0 vote.
Mayor Perlman declared the public hearing open. There being no one
who wished to address the Commission regarding Ordinance No. 6-07, the public hearing
was closed.
Francisco Perez-Azua. 4415 Re2al Court. Delrav Beach. Architect for
the project, stated he supports the ordinance and this has been a great effort of the
community working together (i.e. the CRA, Planning and Zoning, stakeholders of the
community and the designers/developers). He stated this will give flexibility to the
designers to be much more creative with the buildings.
There being no one else who wished to address the Commission regarding
Ordinance No. 6-07, the public hearing was closed.
Mrs. Ellis moved to approve Ordinance No. 6-07 on First Reading/First
Public Hearing, seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mrs. Montague - Yes; Mr. Levinson - Yes;
Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote.
10.E. WAIVER OF BIDDING REQUIREMENTS/CITY HALL
RENOVATION PROJECT: Consider approval of waiving the requirements contained
in Chapter 36, "Finance; City Property Transactions", of the Code of Ordinances, for the
City Hall Interior Renovation Phase I Project.
Mayor Perlman declared a conflict of interest, passed the gavel to Vice
Mayor Ellis and left the dais.
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02120/07
The City Attorney stated there were no responses to the original
advertisement; however, staff did go out for the competitive bids as required. After that,
staff negotiated with a few firms and is recommending the contract award to BSA.
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Vice Mayor Ellis declared the public hearing open. There being no one
from the public who wished to address the Commission regarding the waiver, the public
hearing was closed.
Mr. Fetzer moved to approve the waiver of the bidding requirements for
the City Hall Renovation Project, seconded by Mrs. Montague. Upon roll call the
Commission voted as follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague-
Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote.
1. CONTRACT AWARD/BSA CORPORATION: Consider
approval of a contract award to BSA Corporation in the amount of
$533,000.00 for the City Hall Interior Renovation Phase I Project.
Funding is available from 334-6112-519-62.86 (General
Construction Fund/City HalllNorth Wing & Chambers).
Mrs. Montague moved to approve the contract award to BSA Corporation,
seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Levinson
- Yes; Mrs. Montague - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion passed
with a 4 to 0 vote.
10.F. RESOLUTION NO. 1l-07/CONTRACT FOR SALE AND
PURCHASE OF PROPERTY/SCHOOL BOARD OF PALM BEACH COUNTY:
Consider approval of Resolution No. 11-07 authorizing the City to purchase an additional
1.18 acres of property, located at 2501 Seacrest Boulevard from the Palm Beach County
School Board; and approve the Contract for Sale and Purchase between the City and
School Board of Palm Beach County in the amount of $132,750.00. Prior to
consideration of passage of this resolution, a public hearing has been scheduled to be held
at this time.
The caption of Resolution No. 11-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA,
AUTHORIZING THE CITY TO PURCHASE FROM
SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, AS DESCRIBED
HEREIN, HEREBY INCORPORATING AND
ACCEPTING THE CONTRACT STATING THE TERMS
AND CONDITIONS FOR THE SALE AND PURCHASE
BETWEEN THE SELLER AND THE CITY OF DELRA Y
BEACH, FLORIDA.
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02120/07
(The official copy of Resolution No. 11-07 is on file in the City Clerk's
office.)
The City Attorney stated this is a resolution incorporating a contract for
sale and purchase of additional 1.18 acres of property located at 2501 Seacrest Boulevard
for the Soccer Complex.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 11-07,
the public hearing was closed.
Mrs. Montague moved to approve Resolution No. 11-07, 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.
1. AMENDMENT NO. 3/INTERLOCAL
AGREEMENT/SCHOOL BOARD OF PALM BEACH
COUNTY: Approve Amendment No. 3 to the Interlocal
Agreement between the City and the School Board of Palm Beach
County, for the Purchase and Construction of a Soccer Complex in
order to allow the City to purchase an additional 1.18 acres of
property from the School Board of Palm Beach County for
construction of a Press Box Concession Stand.
Mrs. Ellis moved to approve Amendment No. 3 to the Interlocal
Agreement between the City of Delray Beach and the School Board of Palm Beach
County, 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.
At this point, Mr. Levinson stated this item is on the Palm Beach County
School Board's Agenda for tomorrow evening (February 21,2007).
10.G. RESOLUTION NO. 12-07/CONTRACT FOR SALE AND
PURCHASE OF PROPERTY/JEAN LOUIS SAINT FORT AND JOSETTE SAINT
FORT/S02 SW 3RD STREET: Consider approval of Resolution No. 12-07 authorizing
the City to transfer/sell City owned property, located at 802 SW 3rd Street, to be utilized
for housing purposes as part of the Carver Square Relocation Project; and approve
Contract for Sale and Purchase between the City and Jean Louis Saint Fort and Josette
Saint Fort in the amount of $40,000.00. Prior to consideration of passage of this
resolution, a public hearing has been scheduled to be held at this time.
The caption of Resolution No. 12-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA,
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02120/07
AUTHORIZING THE CITY TO TRANSFER/SELL
REAL PROPERTY IN THE CITY OF DELRA Y BEACH
WHICH PROPERTY IS LOCATED AT 802 S.W. 3rd
STREET, AS MORE PARTICULARLY DESCRIBED
HEREIN, TO LOUIS SAINT FORT AND JOSETTE
SAINT FORT, HIS WIFE, TO BE UTILIZED AS
HOUSING AS PART OF THE CARVER SQUARE
RELOCATION PROJECT.
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(The official copy of Resolution No. 12-07 is on file in the city Clerk's
office. )
The City Attorney stated this is a resolution to allow the sale of property to
Jean Louis and Josette Saint Fort for housing purposes as part of the Carver Square
Relocation Program.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 12-07,
the public hearing was closed.
Mrs. Montague moved to approve Resolution No. 12-07, seconded by Mr.
Fetzer. Upon roll call th~ 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 time being 7:36 p.m., the Commission moved to Item
11, Comments and Inquires on Non-Agenda Items.
l1.B. From the Public.
1l.B.1. Susan Litchfield. 931 Gardenia Drive. Delrav Beach. speaking on
behalf of the League of Women Voters, stated they love what the city is doing with open
government; they love the City's website, etc. She urged the Commission to consider
installing television cable coverage when City Hall is renovated.
1l.B.2. Carv Glickstein. 277 S.E. 5th Avenue. Delrav Beach. expressed concern
over Florida Power Light (FPL) as a utility provider for new projects. He stated FPL has
been out of the loop in terms of what the City has done in the Central Business District
(CBD) area where we have pushed buildings closer to the street and there is no room
under their way of thinking to get power to these sites in an underground method. He
stated there is conflicting disciplines both within City staff and FPL to where it has
become a crisis in connection with getting a project out of the ground. Mr. Glickstein
stated staff is requiring them to obtain a plan from FPL before they will issue permits and
noted he has had a request to FPL since April 2006 in connection with the Cannery Row
project and is still awaiting a response from FPL.
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02/20/07
Mayor Perlman stated the other issue is landscaping and the Mallory
Square type of landscaping is not possible under the system we currently have in place.
He commented that this is about aesthetic issues as well as responsiveness issues.
In his opinion, Mr. Glickstein stated FPL should not be driving the
aesthetic issues and the design issues of the city. Brief discussion continued between Mr.
Glickstein and the Commission.
The City Attorney stated staff had a meeting on this today and the idea
was to meet with FPL because since it is so late in the process they will not look at what
is submitted until after they have a certified site plan. She stated a decision from FPL
would be helpful and they talked about landscaping.
After brief discussion, Mayor Perlman stated the contact for FPL is Jeff
Bartell.
1l.B.3. Pearl "Bunnv" Elrod. 302 S.W. 1st Avenue. Delrav Beach. stated
Progressive Residents of Delray (P.R.O.D.) is proud to be a part of the All America City;
however, PROD feels that the All America City should encompass all of its citizens. In
her opinion, Ms. Elrod feels citizens are being excluded from taking part in how their
government functions because they are either unable to drive, unable to drive at night,
giving their families dinners, or just too tired at 6:00 p.m. to attend a City Commission
meeting. She stated a large percentage of citizens does not own computers and are not
computer literate. Ms. Elrod stated many people would like to sit comfortably in their
living rooms and watch their City Commission in action as do their neighbors (i.e. City of
Boca Raton, City of Boynton Beach and West Palm Beach). She stated PROD feels that
the taxpayers in Delray Beach are entitled to see their government in action as the
taxpayers in neighboring cities. In her opinion, Mrs. Elrod stated video streaming will
limit the number of citizens who can witness City Commission meetings and noted that
live television is available to the largest number of citizens.
For the record, Mayor Perlman stated the position of the City was we are
not going to make the capital investment in this until we renovate the City Hall Chambers
because it is a big expense and we would have to rip it out if we decide to redesign the
Chambers. He stated it does not make any sense to install equipment and then have to rip
it out if we decide to redesign the Chambers to go into a different direction. Mayor
Perlman stated it is not an insignificant expense and stated over the last seven years as an
elected official he has heard from less than a hand full of people that have asked him to
televise the meetings. However, he stated this is not to say that he is against televising
the meetings but in the basket of necessities it has not been the highest priority item.
Mayor Perlman stated it needs to be on the record that it needs to be considered in the
context of City Hall renovation, there will be a future Commission that will make that
determination. Mayor Perlman asked that this be written and sent out to the League of
Women Voters.
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02/20/07
Mr. Levinson suggested that PROD provide the Commission with a
petition of those people who are requesting that the meetings be televised so that the
Commission can identify them. He stated he is hearing from a lot of people who have
heard about the Granicus system and they are thrilled that they will be able to sit
anywhere (i.e. Detroit, London) and be able to watch what happens, go to a particular
part of the meeting, and be able to review it after the fact.
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1l.B.4. Joan Elsner. 425 Sherwood Forest Drive. Delrav Beach. speaking on
behalf of the League of Women Voters stated she would like to see the Commission
meetings televised. She stated the City of Boca Raton City Commission meetings and
the Palm Beach County meetings are televised. In her opinion, Ms. Elsner stated the
video streaming is very difficult to watch because the screen is small.
At this point, the time being 7:54 p.m., the Commission moved to Item
9.M. of the Regular Agenda.
9.M. REQUEST SAINT PAUL'S EPISCOPAL CHURCH/
TALLAHASSEE BOY'S CHOIR CONCERT: Consider a request for the City to be a
presenter of the Tallahassee Boy's Choir Concert, assist in marketing and promoting the
concert and consider a cash contribution of no more than $2,500.00. The concert will be
held at Saint Paul's Episcopal Church on February 25,2007 at 4:00 p.m.
Robert A. Barcinski, Assistant City Manager, stated this is a request to
agree to be a presenter for the Tallahassee Boy's Choir who will be performing at Saint
Paul's Episcopal Church on Sunday, February 25, 2007 to assist in marketing and
promoting their concert and to consider a monetary donation to help with the costs of the
concert.
Mr. Levinson asked Father Stokes about the number of performances. In
response, Mr. Stokes stated there will only be one performance (4:00 p.m.) at the church.
Father Stokes stated he tried to get Old School Square as a venue and there were too
many conflicts.
Brief discussion followed between Father Stokes and the Commission
regarding the cost of the concert.
Mrs. Montague moved to approve a cash contribution of $5,000.00 for the
Tallahassee Boy's Choir Concert at Saint Paul's Episcopal Church on February 25,2007
at 4:00 p.m., 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.
At this point, the time being 8:01 p.m., the Commission moved back to
Item 9.G. of the Regular Agenda.
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02/20/07
9.G. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one
(1) alternate member to the Board of Adjustment for an unexpired term ending August
31, 2007. Based upon the rotation system, the appointment will be made by
Commissioner Fetzer (Seat #2).
Mr. Fetzer moved to appoint Bernard Federgreen as an alternate member
to the Board of Adjustment for an unexpired term ending August 31, 2007, seconded by
Mr. Levinson. 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.H. APPOINTMENT TO THE BOARD OF CONSTRUCTION
APPEALS: Appoint one (1) regular member to the Board of Construction Appeals to
serve a two (2) year term ending August 31, 2008. Based upon the rotation system, the
appointment will be made by Commissioner Montague (Seat #4).
Mrs. Montague moved to reappoint Norman Rosenblatt as a regular
member to the Board of Construction Appeals to serve a two (2) year term ending August
31, 2008, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs.
Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr.
Levinson - Yes. Said motion passed with a 5 to 0 vote.
9.1. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT
AGENCY: Appoint one (1) regular member to the Community Redevelopment Agency
(CRA) to serve an unexpired term ending July 1,2009. Based upon the rotation system,
the appointment will be made by Commissioner Montague (Seat #4).
Mayor Perlman declared a conflict of interest, passed the gavel to Vice
Mayor Ellis and stepped down from the dais.
Mrs. Montage moved to appoint Veronica Covington to the Community
Redevelopment Agency (CRA) to serve an unexpired term ending July 1, 2009, seconded
by Mr. Levinson. Upon roll call the Commission voted as follows: Vice Mayor Ellis-
Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said motion passed
with a 4 to 0 vote.
9.J. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1)
regular member to the Education Board to serve an unexpired term ending July 31, 2007.
Based upon the rotation system, the appointment will be made by Mayor Perlman (Seat
#5).
Mrs. Ellis moved to appoint Catherine DeMatto as a regular member to
the Education Board to serve an unexpired term ending July 31,2007, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer
- Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion
passed with a 5 to 0 vote.
- 25 -
02120/07
9.K. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD:
Appoint one (1) regular member to the Historic Preservation Board to serve an unexpired
term ending August 31, 2008. Based upon the rotation system, the appointment will be
made by Mayor Perlman (Seat #5).
'1
t
j
Mayor Perlman stated he would like to defer his appointment to the March
5, 2007 City Commission meeting.
9.L. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY
COUNCIL: Appoint one (1) regular member to the Neighborhood Advisory Council to
serve an unexpired term ending October 31, 2008. Based upon the rotation system, the
appointment will be made by Commission Ellis (Seat #1).
Mrs. Ellis moved to appoint Linda Prior as a regular member to the
Neighborhood Advisory Council (NAC) to serve an unexpired term ending October 31,
2008, 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.
At this point, the time being 8:05 p.m., the Commission moved to Item
9.N. of the Regular Agenda.
9.N. REOUEST FOR QUALIFICATIONS (RFQ) RESPONSES/OLD
SCHOOL SQUARE CULTURAL ARTS CENTER EXPANSION: Consider
approval of the Review Committee's rankings of the responses to the Request for
Qualifications (RFQ's) for professional consulting services for the Old School Square
Cultural Arts Center Expansion project; and authorize staff to proceed with contract
negotiations with the highest-ranked firm, Glatting Jackson Kercher Anglin, Inc.
(ADDENDUM)
Commissioner Levinson declared a conflict of interest and stepped down
from the dais.
Richard Hasko, Director of Environmental Services, stated staff completed
the second phase presentation process Friday for this project. Staff had six total
respondents. He stated after brief discussion, staff ended up with the top ranking being
Glatting Jackson Kercher Anglin, Inc. for the Old School Square Cultural Arts Center
Expansion project. Therefore, staff recommends that the Commission accept the Review
Committee's rankings and authorize staff to negotiate consulting fees with Glatting
Jackson Kercher Anglin, Inc.
Mrs. Ellis moved to approve to accept the Review Committee's rankings
and authorization for staff to enter into negotiations for professional consulting services
with Glatting Jackson Kercher Anglin, Inc., as to negotiations for professional consulting
services for the Old School Square Cultural Arts Center Expansion project, seconded by
Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague - Yes;
- 26-
02120/07
Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion passed with a 4
to 0 vote.
At this point, Commissioner Levinson returned to the dais.
At this point, the time being 8:08 p.m. the Commission moved to the First
Readings portion of the Agenda.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 7-07: An ordinance amending Chapter 33, "Police
and Fire Departments", Subheading "Pensions", of the Code of Ordinances by amending
Section 33.66, "Finances and Fund Management" revising investment provisions. If
passed, a public hearing will be scheduled for March 5, 2007.
The caption of Ordinance No. 7-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 33, "POLICE AND FIRE
DEPARTMENTS", SUBHEADING "PENSIONS", OF
THE CODE OF ORDINANCES OF THE CITY OF
DELRA Y BEACH, FLORIDA, BY AMENDING
SECTION 33.66, "FINANCES AND FUND
MANAGEMENT", REVISING INVESTMENT
PROVISIONS; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
(The official copy of Ordinance No. 7-07 is on file in the City Clerk's
, office.)
The City Attorney read the caption ofthe ordinance.
Mrs. Montague moved to approve Ordinance No. 7-07 on FIRST Reading,
seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Montague
- Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes.
Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 13, Comments and
Inquiries on Non-Agenda Items.
I
- 27-
02/20/07
13.
13.A.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
City Mana2er
"'
i
i
The City Manager stated Mayor Perlman had mentioned that it would be
good for the rest of the Commission to see the presentation that the Public Arts Advisory
Board saw of the art around the country. The City Manager stated the City Clerk is
getting the PowerPoint presentation and will distribute it to the Commission.
Secondly, the City Manager commented about the equipment for the video
streaming and stated the streaming will start the middle of March.
The City Manager stated he will get the Mayor something in response to
the Economic Council letter that he can pass on.
13.B. City Attornev
The City Attorney stated staff will present a Developer's Agreement to the
Commission that would encompass the art facility. She stated she received a telephone
call from the CRA Director about the CRA's participation and whether the Commission
would like to CRA to be the owners of the art facility. The City Attorney stated there is a
financial issue and an issue of ownership.
Mayor Perlman stated maybe the CL T may want to own so that it stays an
affordable arts base. The City Attorney stated this is not going to be living space for
artists but it is going to be work space. The City Manager stated if the Collaborative gets
up and running well they may be an ideal group to manage the facility. Mayor Perlman
stated he likes the City Manager's idea. The City Attorney stated the City will own it and
if they decide to spin it offto one of the other groups they can do that at the time.
Secondly, the City Attorney stated staff had a meeting on the Wi-Fi
Agreement and FPL had taken a position of having a self imposed moratorium on any
pole attachments. She stated she knew this had been done earlier but thought perhaps
that it had been resolved. The City Attorney stated she would like the Commission to be
aware of this issue and is not sure when this will be resolved.
13.C.
City Commission
13.C.1.
Mr. Fetzer
Mr. Fetzer stated he represented the City of Delray Beach at a meeting at
American Heritage School. He stated it was multi-cultural day with approximately 800
people in attendance and was a great event. Mr. Fetzer stated it gave him the opportunity
to talk to them about the multi-cultural aspects of Delray Beach, Community Unity, and
the Education Board.
- 28-
02120/07
13.C.2.
Mrs. Ellis
Mrs. Ellis stated she attended the service on Sunday at Cason Methodist
Church with Mayor Perlman and they were asked to speak on presenting their remarks
that they gave at the Martin Luther King Breakfast in January 2007.
13.C.3.
Mrs. Monta2ue
Mrs. Montague congratulated Mayor Perlman for being the recipient of
the African American Diaspora Award.
Secondly, she stated the Garlic Festival was incredible and a huge success.
Mrs. Montague commented about the Groundbreaking for the Senior
Center.
Lastly, Mrs. Montague commended Mayor Perlman for his speech at
Cason United Methodist Church. She stated it was marvelous and people were very
moved by it. In addition, Mrs. Montague commended Vice Mayor Ellis for speaking so
eloquently about Community Unity.
13.C.4.
Mr. Levinson
Mr. Levinson commented about the Eagle Nest update from Jerry Crocilla
and asked the City Clerk to provide a copy for the rest of the Commission. Mr. Levinson
stated they have been evaluated by the National Career Academy Coalition (NCAC) and
received an "in progress designation". He highly recommends that everyone go by to see
the home and noted the kids are in the process of laying block.
Secondly, he commented about televising the City Commission meetings.
Mr. Levinson stated he went on the City of Fort Myers website and clicked on the video
streaming for their last few meetings and skimmed through it. He stated it is full screen
and was extremely clear. He stated being able to be somewhere else and watch it and
being able to fast forward, rewind, or go to a specific spot in the meeting is spectacular.
Mr. Levinson stated he does not want to see the City spend a lot of money installing this
and not being able to have it broadcast because no one has cable.
13.C.5.
Mavor Perlman
Mayor Perlman stated the Delray Beach Housing Authority signed its
Master Developer's Agreement with the Auburn Group and it was a unanimous vote. He
stated this will be the largest workforce housing project in the State of Florida. Mayor
Perlman stated it is the centerpiece of the Southwest Plan in that things are starting to
move in the southwest section of the city (i.e. Boys and Girls Club, Catherine Strong
Park, the expansion of the Village Academy, the Beacon Program, sidewalks, better
housing, and Head Start). Mayor Perlman stated this project is going to replace
- 29-
02/20/07
something that is completely dilapidated and will provide a tremendous stabilizing force
in that community. He stated he is very excited about it and the first families will be
moving into that project in 2008. Mayor Perlman stated this is going to transform the
southwest section and in speaking with the homeowners associations Presidents, they are
eagerly anticipating getting rid of the dilapidated structures and seeing it replaced with
quality housing.
Secondly, he stated Atlantic High School and the City of Delray Beach
were honored last week with the Career Technical Education (CTE) Award. Mayor
Perlman stated Kathy Weigel was named Principal of the Year and the City of Delray
Beach was the co-winner/business partner of the Year for the City's efforts at . Atlantic
High School.
He commented about the Senior Center and stated it was a great opening.
Mayor Perlman stated he has a lot of faith in Mae V olen and noted that the renderings are
beautiful. He suggested that staff highlight the renderings on the City's website so that
people can actually visualize it. Mayor Perlman commented about the layout of the lake
and the fitness facility and stated the Senior Center is going to be a wonderful facility for
years to come.
Mayor Perlman stated he spoke to the Principal at the Delray Beach Youth
Vocational Charter School and suggested that the City ask for lobbying support in
Tallahassee. He stated there is a provision in the State law that they are going to be
judged on their FCAT scores. He stated the Principal is dealing with a population that
does not necessarily test well but they are making progress and gaining skills. He stated
the Principal will attend the Palm Beach County Days.
Lastly, Mayor Perlman commented about the Tea Room on Federal
Highway and noted that it is now for sale. He asked whether or not the Commission
approved this with the condition of getting a rose garden. The City Attorney stated the
rose garden was discussed but was not a condition of approval.
There being no further business, Mayor Perlman declared the meeting
adjourned at 8:36 p.m.
~, ~- ~~~)
City Clerk
ATTEST:
~lb.
A OR '"
- 30-
02120/07
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 February 20, 2007, which Minutes were formally approved and adopted by the City
Commission on March 5, 2007
~..~~. ~\~~l
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.
- 31 -
02/20/07
IN, THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAV BEACH, FLORIDA ' j
WAIVER REQUEST FOR 1248 SEASPRAY AVENUE
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRA V BEACH, FLORIDA
1. This waiver request has come before the City Commission on February
20, 2007.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for 1248 Seas pray
. Avenue. All of the evidence is a part of the record in this case. Required findings are
made in accordance with Subsection I.
I. WAIVER:
Pursuant to LOR Section 4.1.4 (C), except for single family residences subject to the R-
1-A(Single Family Residential) .zoriingdistrict standards, if two (2) or more adjoining
lots (or combination of lots and portions of lots) of record are under the same ownership
. and if the total frontage and the total area is equal to or greater than that which is
required by the zoning district regulations, said property shall not be developed except
in accordance with the minimum frontage and lot area requirements of the district. The
applicant is seeking relief from that requirement via this waiver request.
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.
Would the waiver of Section 4.1.4(C) comply with the requirements of 2.4.7(B)(5)?
Ves
5
No 0
3. The City Commission has applied the Comprehensive Plan and LOR
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.
1
ilL .' (j 1\
. 4. The City Commission finds there is ample and competent sub~tantial
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
, .,
t
I
competent witnesses supporting these findings. .
..
5. Based on the entir~.record before it, the City Commission approves.-1L-
].-
denies _ the waiver requests 'to LOR Sections 4.1.4(C}.
6. Based on the entire record before it, the City Commission hereby adopts
this. Order this 20th day. of February, 2007, by. a vote .of
opposed.
ATTEST:
,~~.~~
CheveUe Nubin; City Clerk
in . favor and 0
2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY:' MUNICIPAL AND OTH'ER'LOCAL PUBLIC' OFFICERS
ST NAME-FlRST NAME-M1OOlE NAME . NAME OF BOARD, COUNCIL; CoMMIss1oN. AuTliORlTY.OR ~
LE"; IMSoI\J ..JoJ 12bt.LRlJlf,~~cH G,. COMlVlfSbJO^,J,
, 2ct~~f)cJV7'J (i;J).t:UJL- JJ tV ~' b - 2- ~~~~AUrnoRITYORCOMMlT1EEON '
, CITY QCQUNTY QOJtERlOCALAGENCY
~JLfh. <B€'4'ctJ ~fV/. ~~tI- NAME1>~~CJ;)
~1E ()(ItWHICH VCjl1E .. MY POSmON IS:
'2/7..0 07
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i ElECTIVE
Q APPOINTIVE
WHO MUST FILE FORM 88
ThIs fOrm Is for use by any person serving at the oounty..city. or other local level of govemment.on an appointed orelecte<j board, council.
CommissIon, authority. or committee. It applies equally to members of advisory and non-advisofy bodies who are .Presented with a voting .
conflict of Interest under Section 112.3143. Florida Statutes.
.Vour responsibilltles under the law when faced With'lOting on a measure In which yob haVe a cOOflict of interes~ will vary greaUy ~Pendlng .
on whether yoU. hold an elective or appointive pOsition. For this reason. please pay close attention to the instructions on this foon before
C:ompaeting the reverse side and fiRngthefor'm. . .
INSTRUCTIONS FOR COMPLIANCE WITH S.ECTlON 112.3143, FLO~IDA$tATUtES
A person holding elective or appointive county, municipal. or oti:ler local pubRc o~ MUSTABSTAlNfrom voting,on ;:pneasilr:e,whiCh \
ur$S to.his or her special private gain'or.loss. eaeri elected Or appOInted local officer also is prohibited frOm kfl<?Win91Y vOting on a inea-
lf8'whlchlnures to the speelal gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
...-rent organization or subsidiary of a corporate principal by which he or she is retaiOOd); to the special private gain or loss of a relative; or
to the special private g~ln or.l~s of a bl,Jslne.ss associate. Commissioners of community redevelopment ageneles under Sec. ,163.356 or
1'63.357. ES.. and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting In that
capacity.
For ptJrpOSeS of this law. a -relative- includes only the officer's father. mother, son. daughter, husband. wife. brother; sister. father-irHaw.
mother-In-law. son-In-law, and daughter-in-law. A -business associate- means any person or entity engaged in or carrying on a business
en(~ with the officer as a partner. joint venturer. coowner of property. or corporate shareholder (where the shares of the corporation
818 "?lllsted on any national or regional stock exchange).
.
.
.
.
.
.
.
.
.
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:,
PRIOR TO THE VOTE BEING TAKEN by pubRely stating to the assembly the nature of your Interest in the measure on which you
818 abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form With the person responsible for recording the min-
utes of the meeting. who should incorporate the formln the minutes.
.
.
.
.
.
*
*
.
APPOINTED OFFICERS:
AIIhough you must a~in from voting In the situations described above. you otherwise maypartielpate in these matters. However, you . .
must cf.sdose the nature of the coi1fl\d before making' any attempt to influence th~ ~eclSlon,. whether orally or in writing and whether-made
, you 'or at your direction.
YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILLBE
TAKEN:
· You must complete and file this form (before making any attempt to influence the declslon) with the person responsible for recording,the
minutes of the meeting. who willlncorporate the form in the minutes. (Continued on other side)
ce FORM 88 - EFF. 112000
Item 9.N
PAGE 1
. APPOI~~ OFFICERS,(~ntin~ed)
.' ., C9JJY d the .fonru:nust be ~ irnn1edlateIy tq the other mGmbers Qf the 8gency,
-- . .. .
.' . . ,'~ . .., .
(he form must be ~pt.lblic{y8t the next meeting after the form Is filed.
.IF YOU.MAKI; NO ATTEMPT TO INFlUENCE'THEDEClSI()N EXCEPT BY DISCUSSION AT THE MEETING:
. '
,. You must disc:Io$.e .9f'8IIY the nalure of,your conftict In the measure before partiCipating.
. . . . .
· You mUi5t ~ the fonn and ,file itwithin15days aft~ the vote occurs with the pGrsoo tesponsiblefor recording the minutes of the
,meeting. who must Incorporate the form.in thel1"lintJtes: 1\ copy of the form must be provided immediately to the oUJer metnber$ of the,
agency. and the fOtm must be mad publicly at the next meeting after the form is filed.
.n
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DISCLOSURE OF LOCAL OFFICER'S INTEREST
~O). ]2.. L,IEI!JN50^-' .her~Ydisclosethaton ~~6fJ-uFJtvf
2-.-0
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(8) A~c:an.eor~lcome before my:'agency whiCtI,(check one)
'_' Inured to my special private gain or loss;
Inured to the 8peCIaIg8lnQl'lossof,m)' business associate.
Inured. fa the Special gain or loSs Of my i'el8tive.
,.$... Inured to the special gain or loss of ...5 ~ILU ^)(.~ 7l-E.$ oJn....CGSS
whom I am retained; or
InUreCI-~,~,~1 gal~ ,orlps$ of '. ..
Is the pnnt ()f'ganltatlon or Subsidiary of a .prlilclpal which h8s reta~d me.
. . . . .
\he ~:befc)re my ~ency aod,theniiture afmy c:&mcting~t8restln tJ:te measur$,Is_ as foil9Ws;
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311S:.(LL-'~G ,z~Od'nC~ /di.P{1E5GAJ~2.'I'SCQJICN,.
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Date Fled
NOTICE: UNDER PROVISIONS OF fLORIDASTATUTES ~112.3H. A FAil' RE TO MAKE ~YREQUIREO DISCloSURE
CONSTITUTES GROUNDS FOR ANO'MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:, IMPEACHMENT.
,.....'40VAl OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION IN SALARY. REPRI~DI pR A
l PENALTY NOT TO EXCEED $10,000. L.. ;
CE FORM 88 - EFF. 112000
PAGE 2
<.
~ NAME-flRSTNAME-MIOOlE NAME
~erlman. Jeffrey L.
M.ING ADDRESS
f)11 Delray,Lakes Drive
Cnv
De.1r.avd:leach', Florida 33444
o.\n;,~~vo1EOCCURRs.> _
Februarv 20. 2007
FORM 88 MEMORANDUM OF VOTING GONFllCT :FOIt;.,:;", ]
COUNTY, MUNICIPAL, AND OTHER LOCAL..:PUBLIC OFFI,CE.RS ("..' \
~QF8OARD,COUNCL.~~.OO~ ;.J
De-tray' B'eaehCi't'y Comniisslon' . "
nE.8OARD. ~ cotM'ssIoN.mrnoRfTYOR:COMMtTTe:'6Ni .
WHIai I SERVE IS A UNIT OF:
, &cnv' ,'- ".o~' .,' a 6THeRl()CALAGeNcY ,
# NAMe.OF.POl.I11CAL~ ".
"c,~ty'o.f:' neiray :Be~ch
~ POSmoN IS:
COUNTY' , ,
Falm :'Bea:~h, '
"j)q ElEcnvE'
a APP()INt1VE,'
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"WHO MUST FIl.E FOf'{M 88 .
ThlsfQnn 'as for use by any pet'SOn seMiig at the. c<<.l'lly. city. ~ ~ihe~ loCal level of Qovernment on an appointed or elected' board. couool,
, 'commission, authority. or committee. It applies equally to members <>! adyi~rya~llOIl~dvisot:y ~jes'who.~,~n~ ~~a;V()tirmi
, : oonftlctof Interest under Section 112.3143. florida Statutes. ., .
.. " ~ ". . ..
, : Your responsibilities under the law when faced with voting on a measure .i~'Yf!lict;ty,o.u,ha....~:acqnJllct,9fJnte~,vJilty.a;(y.g~t!Y.;,depending
'on Whether yOu hold an elective or appointive positiOn. FOf:~isr~son._ please pay close attention to. the in~s on thl$ form before
completing the reverse sldeanc;tfiling tlwfonn., ' . "';". . '.' , "'.t,',,'/ ",' ,;...:;" - ;.
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',;......-INSTRUCTION$,FOR COMPLfANCEWITH SECTION 112.3143~~'FlbR1DJt'SfATtffES"
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A person holding elective or appointive county, ,municipal;- Or' other local 'public office' MuST ABSTAiN 'frOO1'votinS . Of!. a:ineasUre.. whl~
lUres to his or her special private g'a.in'o'(IQ$~kE8~'el~ed>Ot. appoit.1tedlocal~Officel" alsO!'ls'pl'OOlbfte(ffr6ni>RsitJW(ngl~i~tih\}"~a :fflea/
iU('e which Inures to the special gain or loss of a princiPal (other than a government agency) by whom he or she Isretaioed (including the
I8rent ocgan~tk)nor sul;njidiary of a,~t~ P,~ffl':J~':by.which<h~'o.r she.is ~e~lnea); tothe.specjal priVate 99in~Joss'()farelatNe: or
,to the speelai Privafega,in or.l~s. of a, busll1eS$,~~ate. ,~fJJi~ionersof community redev~9pme.n.t ageiiCl~' und,er~ 163.356 or
: 1~.357. F.S., and officers of independent 'special taX districts eiElcted on a one-acre, one-vote basis are not prohibited trom v.oting in that
, capacity.
For purposes of this law.. a -relative- includes only the officer's father, mother, Son, daughter, Husband, wife. brother. sister. father-in-law.
, .mother-fn..law. son-in-law, and daughter-in-law. A -business associate- means any person or entity engaged in or carrying on a business
!: enterprise with the officer as a partner. joint venturer. coowner of property, or corporate shareholder (where the shares of the corporation
.. are not listed on any national or regional stock exchange).
.
.
.
ELECTED O,FFICERS:
In addition to abstaining from voting In the situations described above. you must disclose the conflict
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your Interest In the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTERTHEVOT-E OCCURS bycompteting and filing this form with the person responsible for recording the min-
utes of the meeting. who should incoiporate the fol"min the minut~s.
.
.
.
.,
APPOINTED OFFICERS:
, Although you must abstain from voting' In the situations desCribed above. you othE'lfWise may participate iO these. matters. However. you
muSt disclose the nature of thecooflict beforerriakit1g~~nY' attempt to influeneethe decision, WhetheroraUy or iri writing and Whether ~de
~ YOUOt aty6urdirection.
. ., .
: YOU' INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THEMEEllNGAT WHICH THE VOTE wtLL BE)
'AKEN:
. 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 fann in the minutes. (Continued on other side)
CE FORM 88 - EFF, 1/2000
PAGE 1
ITEM 9.1
..
APPoi_o:FFiCER&(~I\~uedr f;.~, ,"~.c' L:,;;L~:c'" ";) "~<',':{~ ,'"
., :;'-~~,~'~~~~~.ately~td,tite,~~,~~~~. ,'. ~,<>,'
(h$'~~)be'~'~~at'~~~'~:~:~~'i$filed.,":, :, "';n
IF YOU ~NlM'uEMI<i-~IN~:n<E~eYDlSCOSSI<iN AT THE MEETING: C: J' , ~ J
.: ~:!=~;:::::~~it.=::=~~i--e~,~~~~~'
~,'wbo'must IncorpOtate,the'forinin'tf1e' ~,~;~,9f the form mUst be 'provided immeOlately to the''Oltrc3i~~otttm'! ',', :.
_, ,~', and,thelJcJc:tn,:"-'!J!il~ read~~.~ rmld rjiee~aft9( U1e ~ :~;f:i(~. " ,
DISCLOSURJ: OF I.OCALOF7FJ~ER'~JNTEREST
.;;;:~:-j..:~J"'~.,1._.i"" "i-.-. : ~ :~,';;.~~.(~' ~"':'j,f".{_
".. . 1. '.
I, c.,leffrey Perlman .herebya~thaton February 20
..~; .::.....'... .:.: ..~'..I~. :: ::''':::~'':'''''i ~...<>~:.:;. .:.... .,.~~":'. ......,..:;~~.._.. .:'::.z '.: ;'..
f8H'~-~Me'~'WiIfc6me'be~~t'~~(~~l' "";'<:;,:,;:;~~;:~:+::;'._.:: >,.',-,;, ",.,:" ,"',( .,:, ':;';"":;:;""" ::.,'1;,.;,.
_ InuIed to my special private gain or loss;
, '::: '~, }~~~!~::~':~-~.~l ~It~r'~:~!'~:~~:~:e~~;;;;:;;~~i: ~:~.,;~. ,:~':::' "~:~;:'l ',"',' :-" "'" . "",,:,':": ,,. ,',' .:::ct:':'~~:;~;:.:~Ttf", :'::, '
H* Inured to ~ ~algalil orloS$ of my relatiVe. '.,'0,;",;, ,,;l"-, ,,",;l:: ,~:i-l"':>";::;;';;'/"l(':}'" i,:
':"::':'- ' inured 'to' ths'speclal gain Oi'''Io$S:ot
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. 20 07 : "
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Date Flied
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N~!~PF:;:~~P~~,"~ijqViSIONSOF. 'F~q~I~A 'STAnl!ES ~.1J2,:317,..AF~i~~~TOMAKEANY REQUi[i60ms~~u~ii;:; ,
CONSTITUTES GROUNDS FOR AND MAY at: PUNISHED BY ONE OR MORE OF THE FOllOWING: IM.PEACHMENT;, ,
"C:MOVAl OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION IN SAlARY, REPRIMAND. OR A
fll PENAl TYNOTrO ExCEED $10.000. . '" ,
ce FORM 88 - EfF. 1J2OOQ
PAGE 2
.;,' ,
J
n_ AING ADDRESS
, .~
FORM 8B MEMORANDUM OF VOTING CON'FLICT FOR,
COUNTY:'MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
NMtE OF BOARD, COUNCIl..COMt.tSsION. AUTHOAI1Y; OR COMMITTeE .
Delra BeachCity'Commission
llE 00AR0. COUNCIl, 00MMlSSI0N. AlmioRrrY OR COMMITTEE ON '
.WHQi I SERVE IS A UNIT OF: .
&nY' O<<<XMY OOTtERLOCALAGENCY
. ~OF PQUT1CAL su8oMsIoN:
Beach .
,r ",
, .)
,L.
ive
~lray Beach, Florida pa~each
IMTEOHWfIIatVOTE~
February 20, 2.007
MY .
"IS:
ElECT1VE
o APPOINTIVE
WHO MUST FILE FORM 88
ThIs form Is for use by any person serving at the county. city. or other local level ofgovemment on .an appointed or elected board, ~,
COIm1Isslon~ authority. or committee. It applies equally to members of advIsOl)' and non-adviS<Xy, bodies who are presented with. a voting
conftlct of Interest under Section 112.3143. Florida Statutes.
. ,
, . ,
'Your respOOsibwues under the law when faced with voting on a measure, In which you have a conflict of interes~ will vary greatly depelxting
on whether ~ hold an elective Or appointive position. For this reason, please pay close attention tothe'instrudionson th1sfonil before;,
compIeUng the i'everse side and filing the fann. . . " . .
.-0 .
. INS1"RUCnONS FOR COMPLlANCEWlrHSECTI()N.112..3143,FLORl.DA~TATUTES
. '. .
. . -. .
A person holding elective or appointive ~nty..municipal,orother local publicoffioeMUST ABSTAlNfrQmV()ting.on,ameasur.e~ )
.ns to his Qf' her special private gainOfIoSs.a.ooeteded <<'apPoInted lOcal OffiCEir also is, prohibited frOm knoWingly voting On a mea""
q' which Inures to the special gain Or loss of a prlnclpal(otherthan~govemment agency) by.whQro he or sheisfe~ll)ed (inclUd-qthe
.,.uent organrtatiOOor'subsidiary c)f 3'cO~te Rriil<:ipal bY vmidt-:tl~ Qr ~helsretained); to the special private,.9.~!" OroroSs'.~~;f~~~H)r..
to the. special private gainorlbsS rof'a busirless aSsOCiate. COmmIsSioners ot cOrr;munity redevelopm~ntagenCies uod(lr Sec~ 1'~3.35G .or.
163.357, F.S.. and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from votinQ in that
~.
FGt purposes of this law, a -relative- includes only the offlOOr's father. mother, son, daughter. husband. wife. brother. sister, father-in-law,
mother-in-law. sorHn-law. and daughter-In-law. A *business associate. means any person or entity engaged in or carrying on a business
ent~ with the Qfficef as a partner, joint venturer, eoowrier of property, or corporate shareholder (where the shares of the corporation '
81'8 not listed on any national or regional stock exchange).
.
.
.
.
.
.
.
.
.
.
*
*
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above. you must disclose the conflict:
PRIOR TO THE van; BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which yoU
are abstaining from ~; and .
, .
WITHIN 15 DAYS AFTER THE VOTE'OCCURS by completing and filing this fonn with the person respon$i~'for recoroang the mill--
utes of the meeting. who: should !nCOfpOl'at~ ihe' form In the minutes. ' . -. . ,
.
*
.
.
.
.
.
.
*
*
.
APPOINTED OFFICERS:
Although VO'Hnust abstain from VOting In thesltuatIons described above. you otherwise may participate in thesernatters. H()We\ter,YQU
must dIsclOse the 'nature of the conflict before making any attempt to influence the decision. whether orally or In writiOgand wh~thermade
you or at your dlrectIon.
YOU lNTENDTO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING At WHICH THE VOTE WILtSE
TAKi:N:
· You must complete and file this form (before making any attempt to inftuence the decision) with the person respoOsible for recOrding the
minutes of the meeting. who will incorporate the foem In the minutes. (Continued on other side)
CE FORM 88 - EFF. 112000 l tem 10. E and 10. E . 1 PA.GE 1
,<
)
APPOINTl;~. OFFICIi~S'(C9nti~q~l.'~ ,":, ..'..."
, '. oUhe foon must be ~ed ifm11edlately'tQ:theothei ~ Of the' .
,~ ,'.' " .',' ',_:" "', .., , '. agency
. (he form ~ ~ read~,' ..idY.... '., at,lhe ~ ~tif1gatter the torm'is filed.
. ., ' .
, IF YOU MAKE NO An1:MPT f6 INFLUeNCE llie-OEClS10NExCEPT BY DISCUSSION AT THE MEETING:
. :' :.'. """.' "'.".
· You must"disdose 00l11y the nature of.You.r:coniIict in the~~tieforeparticipating.,. .
· ' You music:omplete the form'and tile It withirl.itjdays after the Vote occurs with1he'person ~i6le(tlr recording,tMmlnutes'ofthe
meeting. who must 1ncorponJte~ f9MJothe-dUnUt~:ACCl'Wotihe fann must be provided immediately to the other~ of the
'agenCy.andthefonnmust~readpublidya~tbenext~ting'afterthefonnisfiled. .' , ; .
. ~..."'1
' ~
~ .: i~
. Q.~_n
DISCLOSURE OF LOCAL OFFI.cER1S INTEREST
::!."
t. .Tp-ffrp-y Perlman
. hereby disclose.that on
. ~o o:L..:,
'. . '" .' i;' ."' . ~ . . - .
(a)A:~, ~ or~ come bef()C'e my agQOOywhk:h(dteckone)
;_' inured to my speclaI private gain or 105$;
'_"1P.ured ~tI)a,SpeciaI,galn ~1oss,~froY,b.us1ness associate. ,',," ,"
~iMed,~iftespedatjgalri"&r I6$s 6f'1riY relatiVe, . :hi';ln~C61orina
:~ ~ _10: the Gpedal g~ln or.lo$s of
".- "~"., ~>.l;. ~. ":~:;.'.~
"."
'3":.: :... .-~;
: . . .
..
, . by
whom I am retained; or
'.::....:.:. ~'iflured,tO'ihe ~lgam,or~Ot
. is the ~'~ti~ onubsidiaty of ~Princip8t~'ha,s're~ ~, .' -.,
.~:.h~:1::a::::=~;::::::1\:i7:':i::C::9' ~.I;Ii~;~~j,ty.. .. .
Red~y~~d1?ment A4~ncY;;':(CAA) ."IIj~ve ~ v;pt;t,pg conflictonitem~tha..t 0' ,.' ,:'
pi;J:'~~t~~affec,t ~e eRA. . ' "
:~ "1 .
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,~,whlch
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Date filed
NOTICE:UNOER PROVISIONS OF FLORIDA STATUTES ~U2.317, A EAlUJ~ErO MAKE AriYRI;QUIREOQI~ClosURE
C.ONSTITUTESGROUNDS'FOR AND'MAY BE PUNISHED BY ONE OR MORE OF THE FOllOWING: IMeEAcHMENT.
. r" 'OV~ OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION, REDUCTION IN SALARY. REP~IM!'N[J~ OR A
... PENALTY ~OT TO exCEED $~OiOOO. . '
ce FORM 88 - EFF. 1/2000
PAGE 2