05-01-07 Minutes RegMAY 1.2007
A Regular Meeting of the City Commission of the City. of Delray Beach,
Florida, was called to order by Mayor Rita Ellis in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, May 1, 2007.
At this point, Mayor Ellis stated she would like to observe a moment of
silence for Paulette Fetzer who passed away.
1. Roll call showed:
Present - Commissioner Gary Eliopoulos
Commissioner Fred Fetzer
Commissioner Woodie McDuffie
Commissioner Brenda Montague
Mayor Rita Ellis
Absent - None
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney -
Brian Shutt, Assistant City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Mayor Rita Ellis.
3. The Pledge of Allegiance to the flag of the United States of America was
given. '
4. AGENDA APPROVAL.
Mr. McDuffie requested that Item 8.F., Resolution No. 32-07 of the
Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A.
Mayor Ellis stated Item 7.E., Palm Beach Workforce Development
Consortiurii Presentation has been added to the Agenda by addendum:
Mayor Ellis noted the addition of Item 8.M., Fire Act Grant Application
for FY 2007/2008 to the Consent Agenda by addendum.
Also, Mayor Ellis noted the addition of Item 9.A.A:, Special Event
Reguest/Haitian Flay Day Event to the Regular Agenda by addendum.
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..:~:
Mrs. Montague moved to approve the Agenda as amended, seconded by
Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr.Fetzer -Yes; Mr.
McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said
motion passed with a 5 to 0 vote.
5. .APPROVAL OF MINUTES:
Mr. Eliopoulos moved to approve the Minutes of the •~~egular Meeting of
April 17, 2007, seconded by Mr. McDuffie. Upon roll call the CcJri~mission voted as
follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos
- Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
6.A. National Dav of Prayer -Mav 3, 2007
Mayor Ellis read and presented a proclamation hereby proclaiming May 3,
2007 as the National Day of Prayer. Chevelle D. Nubin, City Clerk accepted the
proclamation. .
6.B. Haitian Heritage Month (Haitian Flag Dav) -Mav 2007
Mayor Ellis read and presented a proclamation hereby proclaiming the
month of May, 2007 as Haitian Heritage Month. Mr. Joe Bernadel came forward to
accept the proclamation and made a few brief comments.
6.C. National Preservation Month -Mav 2007
.y .~
Mayor Ellis read and presented a proclamation hereby proclaiming May 1,
2007 through May 31, 2007 as National Preservation Month. Ms. Patterson came
forward to accept the proclamation and gave a few brief comments.
7. PRESENTATIONS: °_.
k
7.A. RESOLUTION NO. 31-07: Recognizing and coirkmending Robert
Moreland for 30 years of dedicated service to the City of Delray Beack;
The caption of Resolution No. 31-07 is as follows:
A~RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING
AND COMMENDING ROBERT MORELAND FOR
THIRTY YEARS OF DEDICATED SERVICE TO THE
CITY OF DELRAY BEACH
(The official copy of Resolution No. 31-07 is on file iii: the City Clerk's
office.)
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Mayor Ellis read and presented Resolution No. 31-0.7 and a plaque
recognizing and c®mmending ROBERT MORELAND for thirty years of service. Mr.
Moreland came forward to accept the resolution and plaque and gave a few brief
comments. '
Mr. McDuffie moved to approve Resolution No. 31-07, seconded by Mrs.
Montague. Upon .roll call the Commission voted as follows: Mrs. Montague -Yes;
Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said
motion passed with a 5 to 0 vote.
7.B. Commuter Challenge Presentation -Sabrina Kirkpatrick, South
Florida Commuter Services
Sabrina Kirkpatrick, South Florida Commuter Services, 3201 W
Commercial Boulevard, Suite #211, Fort Lauderdale, FL 33309, gave a brief
PowerPoirit presentation regarding the South Florida Commuter Services and the
upcoming challenge. She stated South Florida Commuter Services is a regional
commuter assistance program funded by the Florida Department of Transportation. Ms.
Kirkpatrick stated it is their goal to provide commuter solutions for businesses,
commuters, and municipalities throughout the tri-county area. In observance of Clean
Air Month as well as in response to rising gas prices and traffic congestion, South Florida
Commuter Services (a program funded by the Florida Department of Transportation) is
hosting the third annual South Florida Commuter Challenge on May 17, 2007. The
Commuter Challenge urges South Floridians to use alternate transportation methods, such
as trains, buses, bikes, carpooling, or even walking, to get to work in order to alleviate
traffic.
7.C. S.P.I.R.I.T. (Service, Performance, Integrity, Responsibility,
Innovation, Teamwork) Committee Employee Awards Presentation
Jo Weaver, ParalegaULegal Secretary, Gerri Bauer, Executive Secretary to
the City Manager, and Danise Cleckley, Executive Assistant, presented the following
three quarterly S.P.I.R.I.T. award winners that have provided exceptional service through
performance by acting with integrity being responsible taking innovative action and
practicing teamwoxk.
- Robert Jones, Jr., Water Treatment Plant Operator Trainee
- Charles Furment, Office Automation Analyst/IT
- .•Tard McCoy, Randy Krick, and Eugune Bethea, Sanitation
..Officers/Code Enforcement Division
.;
Jennifer Buce, Litter Prevention Coordinator, came forward and gave a
few brief comments.
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At this point, Jo Weaver invited the City Commission and the public to the
City's Customer Appreciation Day tomorrow morning from 8:30 a.m. -11:30 a.m.
sponsored this month by the Planning and Zoning Department.
Mayor Ellis stated those stories are so impressive to have happened within
a quarter. She stated this is truly what spirit is all about and she thanked the committee
for putting this together especially for the employees and their ability to recognize their
outstanding efforts:
7.D. Asian Food Fair and Cultural Show Presentation -Rana Hoque and
Mohammed Rahman Jahir
Mr. Hoque expressed his appreciation to the City of Delray Beach for
allowing him to have his event. He noted that Mayor Ellis and Commissioner Montague
attended the event. He distributed clocks to Commissioner Fetzer, Commissioner
McDuffie, Commissioner Eliopoulos and the City Manager.
7.E. Palm Beach Workforce Development Consortium Presentation
(ADDENDUM)
Bill Wood. Chairman of the Board for the Palm Beach Workforce
Alliance, stated Workforce Alliance is the entity in Palm Beach County that is
responsible for providing the businesses and citizens of Palm Beach County with the
benefits and services as directed by the State of Florida in their workforce development
strategies and is funded through the Workforce Innovation Act of 1998. Mr. Wood stated
the law provides them with good responsibilities and also limits them in other areas. He
stated one of those limitations is that as an administrative entity, they are not allowed to
provide direct services to clients. Mr. Wood stated the purpose of the new model is to
maintain the most qualified staff, increase communications with the Board through the
Advisory Council and the structure will support increased and better communications
pertaining to'performance issues. Mr. Wood is requesting that the City of Delray Beach
join with two other cities and Palm Beach County in creating aconsortium/agreement.
He stated this is an agreement with Palm Beach County, the City of Palm Beach Gardens,
the City of Delray~Beach, the City of South Bay, and the State of Florida.
Mr. Wood stated the City of Delray Beach would select a grant recipient
to administer the Workforce Investment Act and the other monies that come down
through the State. He stated together with the Workforce Alliance, the City Commission
would actually be the ones to approve the Workforce Development Plan and appoint the
private sector members of the workforce alliance.
Kathryn Schmidt, President/CEO of the Palm Beach County
Workforce Alliance, Inc., stated they will purchase liability insurance for this entity and
it will be $1 million with a $7 million umbrella or $8 million for coverage.
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The•City Attorney stated this agreement will be ongoing unless terminated
and we will•provi~le a termination provision so that anyone who would like to get out of
the agreement can Rio so upon sixty (60) days written notice.
Mrs: Montague asked if the other cities have already committed to this. In
response, Ms. Schmidt stated they went to the City of South Bay a few weeks ago and
they were to have a meeting; however, they cancelled their meeting. Ms. Schmidt stated
all the players are in alignment and she has met with all the Palm Beach County
Commissioners.
Mrs. Montague inquired about the timeframe. Ms. Schmidt stated June
30, 2007 is the timeframe and noted this needs to go before the Palm Beach County
Commissioners on May 9, 2007.
Mr. Eliopoulos asked how the cities were selected. In response, Ms.
Schmidt stated Commissioner Marcus recommended the City of Palm Beach Gardens
and she and Mr. Wood selected Delray Beach because they have a thriving healthy
community and Bill Wood being on the Board as Chairman helped. She stated the
anchors on each end of the County were really through Board representation and then
they went out west to the City of South Bay because they have a very healthy relationship
with Mayor Clarence Anthony.
Mrs. Montague moved to amend the Agenda to include Item 7.E.,
seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Ellis -
Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -
Yes. Said motion passed with a 5 to 0 vote.
Mr. Fetzer moved to approve the Interlocal Agreement with the
amendment as specified by the City Attorney regarding the termination provision,
seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr.
Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor
Ellis -Yes. Said motion passed with a 5 to 0 vote:
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. CONTRACT CLOSEOUT (C.O. NO. 1/FINAL)/CHAZ
EQUIPMENT COMPANY, INC.: Approve a Contract Closeout (C.O. No. 1/Final) in
the amount of a $131,966.50 decrease and final payment in the amount of $102,493.85 to
Chaz Equipment Company, Inc. for the completion of the Seasage Drive, Melaleuca
Road, and Oleander Lane Drainage Infrastructure Improvements Project. Funding is
available .from 448-5461-538-65.35 (Stormwater Utility
Fund/S easage/MelaleucalOieander).
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8.B. SERVICE AUTHORIZATION NO. 12/MATHEWS CONSULTING,
INC.: Approve Service Authorization No. 12 in the amount of $63,251.00 to Mathews
Consulting, Inc., .for professional services related to the Congress Avenue Corridor
Infrastructure Capacity Study Project. Funding is available from 441-5181-536-31.90
(Water/Sewer Fund/Other Professional Services).
8.C. TRANSPORTATION ENHANCEMENT APPLICATION: Approve
and authorize staff to submit two (2) applications for the Year 2007 Transportation
Enhancement Application Cycle for FY 2012-2013 funding.
8.D. IN-LIEU OF PARKING FEE PAYMENT
AGREEMENT/LEMONGRASS RESTAURANT: Consider a request from the
landlord of Lemongrass Restaurant to enter into an in-lieu of parking fee payment
agreement for two (2) in-lieu of parking spaces. Lemongrass Restaurant is located at 420
East Atlantic Avenue.
8.E. IN-LIEU OF PARKING FEE PAYMENT AGREEMENT/MELLOW
MUSHROOM (FKA VITTORIO'Sl RESTAURANT: Consider a request from
Mellow Mushroom Restaurant to enter into an in-lieu of parking fee payment agreement
for seven ('7) in-lieu of parking spaces. Mellow Mushroom Restaurant is located at 25
Southeast 6`h Avenue.
8.F. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.A.
8.G. SPECIAL EVENT REQUEST/10TH ANNUAL DOWNTOWN
DELRAY CRAFT FESTIVAL: Approve a special event request to endorse the lOt
Annual Downtown Delray Craft Festival sponsored by Howard Alan Events, Ltd.
proposed to be held on May 26 and May 27, 2007 from 10:00 a.m. to 5:00 p.m., to grant
a temporary use permit per LDR Section 2.4.6(F) for the closure and use of N.W. 3ra
Avenue from Atlantic Avenue north to the south entrance of Atlantic Grove and the
Tennis Center parking lot, to provide staff support for traffic control and security,
barricading and fire inspection services.
8.H. AGREEMENTS/GENERAL CIVIL ENGINEERING. CONSULTING
SERVICES: Approve and authorize the Mayor to execute agreements with Kimley-
Horn & Associates, Mathews Consulting, Mock-Roos & Associates and the Wantman
Group for Engineering Consulting Services for two (2) years, with the right to renew for
three one year renewals; subject to review and approval by the City Attorney.
8_I. EXTENSION/GALLAGHER BASSETT SERVICES CONTRACT:
Approve a one (1) year extension to the Gallagher Bassett Services Contract for the
period of October 1, 2007 to October 1, 2008.
8_J. FIRST AMENDMENT/INTERLOCAL AGREEMENT/PALM
BEACH COUNTY: Approve a First Amendment to the Interlocal Agreement with
Palm Beach County Criminal Justice Commission to extend the current agreement for an
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additional five (5) months until September 20, 2007; and Palm Beach County will
provide additional funding in the amount of $50,000.00 in support of the City of Delray
Beach Weed and Seed "seeding" efforts.
8.K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period April 16, 2007 through Apri127, 2007.
8.L. AWARD OF BIDS AND CONTRACTS:
1. ~ Bid award to All Florida Rust and Water, Inc. at an estimated
annual cost of $34,000.00 for anti-rust chemicals for the City
Irrigation System. Funding is available from 119-4144-572-52.21
(Beautification Trust Fund/Chemicals).
8.M. FIRE ACT GRANT APPLICATION FOR FY 2007/2008: Approve a
Fire Act Grant Application in the amount of $87,148.00 for funding to purchase new All
Terrain Vehicles (ATV's) and associated EMS equipment for the Fire-Rescue
Department. If the grant is awarded, a 20% match in the amount of $21,786.00 from the
City will be required (FY 2007/2008 Budget).
Mrs. Montague moved to approve the Consent Agenda as amended,
seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer
- Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis - Yes;;. Mr. Eliopoulos -
Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 7:00 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. DEVELOPER'S AGREEMENT/CANNERY ROW LLC• Consider
approval of a developer's agreement with Cannery Row, LLC regarding the purchase and
use of the Community Facility Property and the dedication of the Park Property located at
the S.E. corner of the project in the Cannery Row Development.
Mr. Eliopoulos declared a conflict of interest and stepped down from the
dais.
Brian Shutt, Assistant City Attorney, stated since this item was before the
Commission on March 20, 2007, there have been a few minor changes in the proposed
agreement: =The changes reflect other options than just purchasing the unit. The second
option is to purchase the land for $200,000.00 and the third option is to not purchase the
unit or the land.
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Mayor Ellis declared the public hearing open. There being no one from
the public who wished to address the Commission regarding the Developer's Agreement
for Cannery Row, LLC, the public hearing was closed.
Mrs. Montague inquired about the status of the northern end park. In
response, Mr. Shutt stated under the terms of this agreement the northeast parcel will be
dedicated to the City of Delray Beach and we will waive park impact fees in the amount
of approximately $40,000.00.
The City Attorney stated the northern park will be dedicated to the City of
Delray Beach notwithstanding what we do with the unit 12 issue. She stated if the City
decides not to go ahead with the purchase of unit 12 or the community art space, the City
will still have the northern park area and have the opportunity to also purchase the land
for $200,000.00 if the Commission decides not to go ahead at some future time with the
building for a little park green area as well. Or, the City Attorney stated, the Commission
may decide to not do any of the above except the City would have the dedicated park
land.
Mr. Fetzer stated if the Commission decides to take the last option and
does not purchase this at all has there been a discussion with the developer as to how this
would impact the proposed development. Mr. Shutt stated under the terms of this
agreement, •if the City did not purchase anything, the zoning would stay in place and they
would be able to build without the commercial component.
Mrs. Montague asked Mr. Shutt to briefly review the recommendations of
the Creative City Collaborative. Mr. Shutt stated the Creative City Collaborative
recommended that the developer should donate the northeast parcel without the waiver of
the impact fees and that the southeast parcel where the unit will be to go ahead and
purchase that but only at a maximum cost of $330,000.00 not $530,000.00.
David Schmidt, Attorney representing Cannery Row, LLC, stated the
Commission passed the LDR amendment in October 2006 and he has been working
diligently with City staff since that time to come up with the developer's agreement and
negotiate the terms,of the purchase and sale contract. Mr. Schmidt stated they have mad
extensive revisions to the homeowner's declaration to try and accommodate to move
forward this community facility unit. Mr. Schmidt suggested that the Commission
continue on the path that they have been working with staff on and accept the contract
and the developer's agreement with the three options; then, in two years when it is time
for the City to make a decision, the Commission will be in a better position to make that
decision at that point.
Mr. Fetzer asked for clarification regarding the three options and asked if
these options could be left in the contract as they are tonight but the Commission would
not be committed and asked at what point the Commission would have to make that
decision: Iri response, Mr. Schmidt stated the three options are in the purchase and sale
contract. The developer's agreement states that the purchase and sale contract has to be
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executed wiihin 120 days of the approval of the developer's agreement. The contract
provides that 60 days before the developer is ready to apply for a building permit for this
unit he notifies the City of Delray Beach and the Commission has 60 days to make their
election (buy the unit, buy the land, or not proceed at all). Mr. Schmidt stated based on
current economics, the developer anticipates that it will by 2009 when he would move
forward to construct the building.
Brief discussion between Mr. Schmidt and the City Attorney continued.
Mr. McDuffie moved to approve the developer's agreement with Cannery
Row, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr.
McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes. Said
motion passed with a 4 to 0 vote.
10.B. ORDINANCE NO. 14-07: City initiated amendments to the Land
Development Regulations Subsections 4.6.7(H)(8), "Residential", to provide additional
clarification regarding residential real estate signs; (H)(9), "Window Signs", to provide
clarification regarding size of signs; and (H)(10), "Temporary Signs", to prohibit
temporary non-commercial signs in public rights of way contiguous to public property,
and where allowed, to provide time limits for removal.
The caption of Ordinance No. 14-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
~. THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING ORDINANCE 78-06 BY AMENDING
SLT]3SECTIONS 4.6.7(H)(8), "RESIDENTIAL", TO
PROVIDE ADDITIONAL CLARIFICATION
• REGARDING RESIDENTIAL REAL ESTATE SIGNS,
(H)(9), "WINDOW SIGNS", TO PROVIDE
CLARIFICATION REGARDING SIZE OF SIGNS,
(H)(10), "TEMPORARY SIGNS", TO PROHIBIT
TEMPORARY NON-COMMERCIAL SIGNS IN PUBLIC
RIGHTS OF WAY CONTIGUOUS TO PUBLIC
PROPERTY AND PROVIDE TIME LIMITS FOR
REMOVAL; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 14-07 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 o#'the City of Delray Beach, Florida.
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Mayor Ellis declared the public hearing open. There being no one from
the public who wished to address the Commission regarding Ordinance No. 14-07, the
public hearing was closed.
Prior to the vote, Mr. Fetzer stated there was an issue discussing some new
technology in the real estate industry and asked if this has been rectified. Mrs. Montague
stated Mr. Fetzer was not at the last meeting where the City Attorney discussed this with
the Realtor's Association and this has been rectified.
Mrs. Montague moved to adopt Ordinance No. 14-07 on Second and
FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as
follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -
Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote.
10.C. ORDINANCE NO. 17-07: An ordinance amending Chapter 35,
"Employee Policies and Benefits", Subheading "Retirement Plan", of the Code of
Ordinances of the City of Delray Beach, Florida, by amending Section 35.097,
"Retirement Income; Basis, Amount, and Payment", providing for direct rollovers to an
individual retirement account by anon-spouse beneficiary.
The caption of Ordinance No. 17-07 is as follows:
office.)
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 35, "EMPLOYEE POLICIES
AND BENEFITS", SUBHEADING "RETIREMENT
PLAN", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 35.097, "RETIREMENT
INCOME; BASIS, AMOUNT AND PAYMENT",
PROVIDING FOR DIRECT ROLLOVERS TO AN
INDIVIDUAL RETIREMENT ACCOUNT BY A
NONSPOUSE BENEFICIARY; PROVIDING A
GENERAL REPEALER CLAUSE; A VALIDITY
CLAUSE; AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 17-07 is on file in the City Clerk's
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Ellis declared the public hearing open. There being no one from
the public who wished to address the Commission regarding Ordinance No. 17-07, the
public hearing was closed.
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Mr: McDuffie moved to adopt Ordinance No. 17-07 on Second and
FINAL Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -
Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 11, Comments and
Inquiries on Non:.Agenda Items from the City Manager and the Public.
11.A. City Manager's response to prior public comments and inquiries
None.
11.B. From the Public.
11.B.1. Jiro Smith, 1225 South Ocean Boulevard, Delray Beach, stated he fully
supports the new: Commission and wishes them much success. Mr. Smith read a brief
statement into the, record and stated he believes the Commission will base their decisions
not on personal goals or ambitions but on what is best for the City of Delray Beach. Mr.
Smith stated he hopes the Florida Legislators will soon come to their senses about the
drastic reductions that they propose.
11.B.2. Matthew Grabham, 350 S.E. 7th Avenue, Delray Beach (Marina
District asked for clanfication on the direction given for a Workshop to be held on the
proposed changes regarding the LDR's. He stated he heard this meeting is tentatively
scheduled for Friday, May 11, 2007 and asked if there will be public participation.
Mr. Dorling stated staff is going to be meeting with a representative from
REG to go over the format. At this point, the direction from the Commission was that the
design professionals take the ordinance and proof it which did not necessarily include a
public input section. He stated the public is welcome to attend and design professionals
are working with the ordinance. The City Attorney stated this will be a public meeting
and open to the public.
Mayor Ellis asked if Mr. Grabham could put his comments in writing and
direct his comments to the committee for consideration. Mr. Dorling reiterated that this
is the design professionals analyzing and working with the ordinance. The City Manager
stated public comments are always welcome and staff is glad to receive them and make
them part of the record for review by the Commission and others that maybe involved.
Mr. Dorling stated the meeting will be held on Friday, May 11, 2007 from
11:00 a.m. - 2:00 p.m. at the Tennis Center.
11.B.3. David Hawke, Hawke & Associates Architects, 121 Leather Lane,
Delray Beach (Code Enforcement Board Chairperson), stated there was a recent case
where someone approached the Code Enforcement Board and asked for a refund in the
amount of approximately $3,000.00 expended for closing on his house due to a lien
against his home because of a Code Enforcement issue. Mr. Hawke stated he requested
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that the Code Enforcement Board refund the $3,000.00 to him because he paid this
amount at closing. The Code Enforcement Board advised him that they could not write
him a check for that amount of money and he with legal counsel could approach the
Board to ask for his money back and also advised him that he should have come to the
Code Enforcement Board earlier before spending the money at the closing table.
The City Attorney stated typically if someone is going to close and they
want to seek a reduction in that amount they come to the Code Enforcement Board before
a closing. If not; they pay at closing because these are the City's costs in remedying the
problem. The City Attorney stated this is not to say that in a hardship case someone may
come before the Board for some different resolution; however, she does not recall it ever
being granted.
At this point, the time being 7:26 p.m., the Commission moved to Item
12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 16-07: Future Land Use Map amendment (small-
scale) from CC (Commercial Core) in part and OMU (Other Mixed Use) in part to OS
(Open Space} and rezoning from CBD (Central Business District) in part and OSSHAD
(Old School Square Historic Arts District) in part to OSR (Open Space and Recreation)
for a proposed Urban Park adjacent to Old School Square, located approximately 180 feet
north of East Atlantic Avenue, between N.E. 1St Avenue and Pineapple Grove Way (N.E.
2na Avenue): If passed, a second public hearing will be scheduled for May 15, 2007.
The caption of Ordinance No. 16-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE FUTURE LAND USE MAP
DESIGNATION AS CONTAINED IN THE-
COMPREHENSNE PLAN FROM CC
(COMMERCIAL CORE) IN PART AND OMU
(OTHER MIXED USE) IN PART; TO OS (OPEN
'~ SPACE); ELECTING TO PROCEED UNDER THE'
SINGLE HEARING ADOPTION PROCESS FOR
SMALL SCALE LAND USE PLAN AMENDMENTS;
AND REZONING AND PLACING LAND
PRESENTLY ZONED CBD (CENTRAL BUSINESS
DISTRICT) IN PART AND OSSHAD (OLD SCHOOL
SQUARE HISTORIC ARTS DISTRICT) IN PART TO
OSR (OPEN SPACE AND RECREATION)
DISTRICT; SAID LAND BEING A PARCEL OF
LAND LOCATED APPROXIMATELY 180 FEET
NORTH OF EAST ATLANTIC AVENUE, BETWEEN,
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NE ~~ 1sT AVENUE AND PINEAPPLE GROVE WAY
(NE 2ND AVENUE), AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP
OF• `~DELRAY BEACH, FLORIDA, MARCH 2006";
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 16-07 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated this is a small scale
Future Land Use Map amendment from CC (Commercial Core) in part and OMU (Other
Mixed Use) in part to OS (Open Space} and rezoning from CBD (Central Business
District) in part and OSSHAD {Old School Square Historic Arts District) in part to OSR
(Open Space and Recreation) for a proposed urban park, adjacent to Old School Square
and located approximately 180 feet north of East Atlantic Avenue, between N.E. 1St
Avenue and Pineapple Grove Way (NE 2°d Avenue). The subject property contains
approximately 1.34 acres and includes a 16 foot north/south alley which bisected the
property and has been recently abandoned. The property currently accommodates the
public parking lot owned by the Community Redevelopment Agency (CRA) and an
office building. .The proposed changes are being sought to accommodate the proposed
new urban park as neither the current CBD nor OSSHAD zoning allow parks as either a
permitted or conditional use.
At its meeting of April 16, 2007, the Planning and Zoning Board held a
public hearing in conjunction with the request. There was no public testimony and staff
is recommending approval at this time. Mr. Dorling stated this was one of the conditions
of the state grant and the City of Delray Beach received $1 million for the development
of this park and one of the conditions was that the appropriate zoning and land use be
placed on the property.
Mrs. Montague moved to approve Ordinance No. 16-07 on FIRST
Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows:
Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes;
Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote.
12.B. ORDINANCE NO. 18-07: City-initiated amendment to the Land
Development Regulations (LDR), amending Section 6.1.2 "Streets and Alleys,"
Subsection 6.1.2(A), "Improvement Obligations," to correct a reference to an LDR
Section that'has been relocated elsewhere in the code. If passed, a second public hearing
will be scheduled for May 15, 2007.
The caption of Ordinance No. 18-07 is as follows:
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AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF CODE OF ORDINANCES, BY
AMENDING SECTION 6.1.2, "STREETS AND
ALLEYS", SUBSECTION 6.1.2(A), "IMPROVEMENT
OBLIGATIONS", TO CORRECT THE REFERENCE TO
AN LDR SECTION THAT HAS BEEN RELOCATED
ELSEWHERE IN THE CODE; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTNE DATE.
office.)
(The official copy of Ordinance No. 18-07 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated on March 16, 1999,
the Commission passed Ordinance No. 12-99 to clarify the requirement that all improved
lots be accessed from a paved street, road or alley. As part of that amendment, there were
sections of the code that were removed and there was an incorrect reference left in the
ordinance. This is a scrivener change at this time to correct that.
At its meeting of April 16, 2007, the Planning and Zoning Board
considered this request and recommended approval with a 4 to 0 vote.
Mr. Eliopoulos moved to approve Ordinance No. 18-07 on FIRST
Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows:
Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr.
Eliopoulos -Yes. Said motion passed with a 5 to 0 vote.
12.C. ~. ORDINANCE NO. 19-07: An ordinance amending Chapter 33, "Police
and Fire Departments", Subheading "Pensions", of the Code of Ordinances of the City of
Delray Beach, Florida, by amending Section 33.687, "Early Retirement Incentive", which
allows the City to open early retirement windows for police or fire instead of opening an
early retirement window for both. If passed, a second public hearing .will be scheduled
for May 15; 2007.
The caption of Ordinance No. 19-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
-THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 33, "POLICE AND FIItE
DEPARTMENTS", SUBHEADING "PENSIONS", OF
THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING
SECTION 33.687, "EARLY RETIREMENT
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05/01/07
INCENTIVE"; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
(The official copy of Ordinance No. 19-07 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Mrs. Montague moved to approve Ordinance No. 19-07 on FIRST
Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr.
McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr.
Fetzer -Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 7:32 p.m., the Commission moved to Item
9.A.A.A. of the Regular Agenda.
9. REGULAR AGENDA:
9.A.A.A. RESOLUTION NO. 32-07: Approve Resolution No. 32-07 declaring an
official intent with respect to reimbursement of temporary advances made for capital
expenditures to be made from subsequent borrowings. The City will be reimbursing
expenses relative to various parks, the Old School Square Parking Garage, a new
Environmental Services Building and the Intracoastal Park from a Utility Tax Bond
Issue. '
The caption of Resolution No. 32-07 is as follows:
DECLARATION OF OFFICIAL INTENT WITH
RESPECT TO REIMBURSEMENT OF TEMPORARY
ADVANCES MADE FOR CAPITAL EXPENDITURES
TO.BE MADE FROM SUBSEQUENT BORROWINGS.
(The official copy of Resolution No. 32-07 is on file in the City Clerk's
office.)
Joseph Safford, Finance Director, stated that the purpose of Resolution
No. 32-07 is for the City of Delray Beach to comply with IRS regulations for the
upcoming bond issue.
Mrs. Montague inquired as to whether Mr. Safford is referring to ongoing
projects. In response, Mr. Safford stated this is for ongoing projects and/or projects that
have already been completed.
Mr. McDuffie confirmed with Mr. Safford that this is for debt incurred
after the expiration prior to the bond. Mr. Safford stated this will bridge the 60 day
period and once this declaration is passed, then the Commission can take their time
discussing the bond issue and decide whether or not to pass a portion of the bond or the
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05/01/07
entire bond issue. Mr. Safford stated the 60 day period goes retroactive so in other words
anything incurred past March the City intends to replenish those funds with bond monies.
The City Manager stated the City will receive up to a maximum of $3
million for capital expenditures incurred.
Mr. McDuffie moved to approve Resolution No. 32-07 (declaring an
official intent with respect to reimbursement for capital expenditures), seconded by Mrs.
Montague. 'Upon roll call the Commission voted as follows: Mrs. Montague -Yes;
Mayor Ellis. -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said
motion passed with a 5 to 0 vote.
9.A.A. SPECIAL EVENT REQUEST/HAITIAN FLAG DAY EVENT:
Approve a special event request to endorse the Haitian Flag Day Celebration sponsored
by Toussaint L'Ouverture High School on May 18, 2007 from 3:00 p.m. until 8:00 p.m.,
in the parking lot adjacent to the school site; authorize staff support for security, traffic
control, barricading, trash removal and clean up, use and set up of small stage; and
contingent upon sponsor providing a hold harmless agreement.
Robert A. Barcinski, Assistant City Manager, stated this is a request from
Toussaint L'Ouverture High School to endorse the Haitian Flag Day Celebration on May
18, 2007 .from 3:00 p.m. until 8:00 p.m. Mr. Barcinski stated originally they requested
use of the small City stage, authorization of staff support for security and traffic control,
trash removal and clean up and to provide financial assistance.
Mr. Barcinski commented that the small stage is already committed that
evening for the Bed Race. Therefore, Mr. Joseph Bernadel is requesting to use the large
stage (the new stage) which will add overtime costs. With regard to the large stage, the
City has an administrative policy regarding mandatory rental charges of $1,500.00 be
paid (for the new stage with the sound equipment, the lighting and the generator). Mr.
Barcinski stated the stage can be set up during the day; however, staff will have to be on-
site because of the sensitive equipment; and the stage will have to be taken down the
same evening (this would increase the overtime costs). Estimated overtime costs for this
event will be approximately $3,000.00 plus stage rental of $1,500.00, which the City
Commission would have to consider waiving because of-the stage requirement to keep
staff on site .and to take the stage down that same evening.
. Prior to the vote, the City Manager suggested that staff look into the
possibility of renting a stage for less than the cost of what it would cost to set up the large
stage. Mr. Barcinski stated the overtime costs are connected to the large stage. He noted
staff would look into a stage rental to see how it compares to the City's overtime for
stage set up.
Brief discussion continued regarding the timeframe of this item.
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Mrs. Montague moved to approve for City services as recommended by
staff; and substitute with a large stage and that the overtime will be higher, seconded by
Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes;
Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes.
Said motion passed with a 5 to 0 vote.
. At this point, the time being 7:46 p.m., the Commission moved to Item
9.J. of the Regular Agenda.
9_J. AGREEMENT/WIFI SERVICES/DELRAY BEACH WI-FI INC.:
Approve an agreement between the City and Delray Beach WI-FI, Inc.
At this point, Mr. McDuffie stepped away from the dais.
Steve Wallace, Attorney for Delray Beach Wi-Fi, introduced Carol
Roberts.
The City Attorney stated staff had a meeting with the Chamber of
Commerce Technology Committee and they brought up some good points and clarified
the agreement to make sure that they provide new computers not re-conditioned
computers. Also, she stated in light of comments expressed by Commissioner McDuffie,
the Chamber of Commerce Technology Committee will also provide 802.11 b/g
networking devices and they will also do "a". They will upgrade the free services as well
as the other in a manner that is consistent with city-wide Wi-Fi's. The City Attorney
thanked the Technology Committee for making it a better agreement.
Mayor Ellis stated she spoke with the members of the Chamber of
Commerce Technology Committee and feels it went very harmoniously.
Mr. Fetzer stated since he was unable to attend the last meeting when this
was brought up, he noted that he felt we had a very good resources with the Chamber of
Commerce Technology Committee to review this. He stated he has received the report
back from the Chamber of Commerce Technology Committee and is satisfied that they
have made good suggestions.
Mrs. Montague moved to approve the agreement between the City of
Delray Beach and the Delray Beach Wi-Fi, Inc., seconded by Mr. Eliopoulos. Upon roll
call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs.
Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote.
At this point, the time being 7:49 p.m., the Commission moved to Item
9.A. of the Regular Agenda.
9.A. APPEAL OF THE HISTORIC PRESERVATION BOARD'S
DECISION/238 SOUTHEAST 7 AVENUE• Appeal of the Historic Preservation
Board's decision approving a Certificate of Appropriateness (COA) for construction of a
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two-story garage/guest suite addition at 238 Southeast 7`h Avenue, located in the Marina
Historic District. (Quasi-Judicial Hearin
Mr. Eliopoulos declared a conflict of interest and stepped down from the
dais.
Mayor Ellis read into the record the City of Delray Beach procedures for a
Quasi-Judicial Hearing for this item and all subsequent quasi judicial items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Ellis 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 #2007-098 into the record.
. Mr. Dorling stated this is a consideration of appeal for an approval that
was given by the Historic Preservation Board (HPB) on March 21, 2007 for the
construction of a new two-story garage located at 238 Southeast 7"' Avenue. He stated
this was approved with conditions. Mr. Dorling stated the staff report noted that the
development proposal was not consistent with either the development patterns of
accessory structures within the historic districts nor the Land Development Regulations,
the Delray Beach Historic Preservation Design Guidelines, or the Secretary of Interior's
Standards for Rehabilitation. Staff's recommendation to the Historic Preservation Board
was denial of the application. Mr. Dorling stated on April 3, 2007, the City Commission
appealed this item.
In 1998, the Historic Preservation Board (HPB) approved the construction
of a two-story addition to the northeast corner of the structure. The applicant proposed an
addition for atwo-story garage and a guest suite. Staff's solution was to look at placing
the addition to the rear of the structure rather than the front. Staff was unable to make
required findings of LDR Section 4.5.1(E)(7) and 4.5.1(E)(8).
Warren Adams, expert witness of Historic Preservation for the City of
Delray Beach, briefly discussed his credentials and entered his resume into the record.
He stated the application is to build an accessory structure to the front of the historic
structure. He made reference to LDR Section 4.5.1(E)(7) which states "The construction
of new buildings or structures, or major repair or maintenance of anon-contributing
building or structure within a designated historic district shall meet the same
compatibility standards as any material change in the exterior appearance of an existing
contributing building. Any material change in the exterior appearance of any existing
non-contributing building, structure, or appurtenance in a designated configuration,
building material, texture, color, and location of historic buildings, structures, or sites
adjoining or reasonably approximate to the non-contributing building, structure, or site."
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05/01/07
He also made reference to 4.5.8(b), Front Facade Proportion, which states "The front
facade of each building or structure shall be visually compatible with and in direct
relationship to the width of the building and to the height of the front elevation of other
adjacent or adjoining buildings within a historic district." Mr. Adams stated the principal
structures along the west side of Southeast 7`h Avenue are significantly set back from the
street. However, there are no other accessory structures situated toward the front of the
historic buildings: ~ Mr. Adams stated the proposal has a garage door facing out onto the
street and while :there may be garages to the front of the property, the garage doors
generally face to .the side and do not face onto the street. The suggestion to put the
addition to the rear would allow any garage to be accessed from the alleyway at the back.
The City's Historic Preservation Planner recommends denial and Mr.
Adams stated he does not feel this application meets the LDR's, the Delray Beach Design
Guidelines or the Secretary of Interior's Standards.
The City Attorney noted that staff is going to accept Mr. Adams' resume
and the two items he selected and make them part of the record.
Mr. McDuffie asked who grants the exemption on these properties. Mr.
Adams stated the one would have been granted by Palm Beach County.
David Schmidt. Attorney representing the Applicant, gave a brief
PowerPoint presentation regarding the Dietrich residence. Mr. Schmidt stated this is a
unique property ar~d the original house was approximately 1,000 square feet and was built
in the 1930's and relocated in the 1940's.
Mayor Ellis stated if anyone from the public would like to speak in favor
or in opposition of the appeal, to please come forward at this time.
Michelle Messingschlager, 242 S.E. 7th Avenue, Delray Beach, (next
door neighbor), supports the garage being out front and if they were to put the garage in
the back it infringes on her property. She stated if the garage is put into the backyard this
will create another.two-story building looking into her yard.
Matthew Grabham, 350 S.E. 7th Avenue, Delray Beach (Marina
Historic District) stated he is very familiar with this property because he walks by it
frequently. He stated he reviewed the document which explains how City Board's are
responsible for managing the LDR's and what the Historic Preservation Board (HPB) is
all about. He stated as someone who lives in the district he will be impacted by this
decision and supports the HPB. Mr. Grabham urged the Commission to give this fair
consideration and take the unanimous views of the HPB into account and support their
decision.
Steve Harsnett, 405 S.E. 7th Avenue, Delray Beach, stated he feels
aesthetics is an individual taste and noted if comparing the two presentations one was
done two dimensional and another was done three dimensional. He stated he attended the
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05/01/07
Historic Preservation Board (HPB) meeting of March 21, 2007 and one of the comments
made was aesthetically the Board agreed that this complimented the house. In addition,
Mr. Harsnett stated many comments were made about the towering three-story
townhouses that are immediately behind these properties on Federal Highway. He stated
the proposal by REG and the City is not a workable solution but that this exception is not
only more workable and more functional but one that compliments the aesthetics of the
street. He commented that there are many homes in the historic area that are in very bad
need of repair. Mr. Harsnett stated this house is well maintained and feels that these
homeowners are trying very hard to provide aesthetic value to this neighborhood and
compliment the City of Delray Beach.
Anita Dietrich, 238 S.E. 7th Avenue, Delray Beach (owner), stated she
did not seek a tax exemption but worked with Pat Cayce who strongly encouraged her to
do this.
Ellen Key, 321 S.E. 7th Avenue, Delray Beach, supports her neighbors
regarding the addition to their home and noted they have worked on this for over a year
to resolve this issue. She stated in her opinion 1ZEG's study is not functional for her
neighbors. Mrs. Key stated this house is a home and she urged the Commission to let
them live there.
Gregory Mermigas, 405 S.E. 7th Avenue, Delray Beach, stated he
passes the Dietrich's house daily and he admires their home and the addition. He stated
the addition has blended in very nicely and to the untrained eye looks like any historic
house. Mr. Mermigas stated the Dietrich's family is growing and they need the extra
space and to deny them is not the spirit of Delray Beach. He urged the Commission to
approve everything the way it was and not restrict the Deitrich's from building the way
they would like to and forcing them to build in the alley.
Eric Price, 340 S.E. 4th Avenue, Delray Beach (lives south of the
Dietrich's property), stated he too passes the property daily whether he is driving,
walking, or running and it is ~ virtually impossible to see the historic wall and window
unless you stand on the property itself. He stated what the City is proposing is
unreasonable considering a growing family is living there and they have been passionate
about taking care of their historic property. Mr. Price suggested that Commission come
up with a more workable solution while preserving the historic nature of what is left there
(window and wall).
Livia Landry, 701 North Swinton Avenue, Delray Beach (Del-Ida
Historic District), stated it is important to discuss the merits of the application of what is
being proposed by the owner and not what is proposed by REG Architects since it was a
case study. She feels we need to take responsibility for our historic building stock and
take the responsibility to protect the character and integrity of the districts. Mrs. Landry
stated based on the staff report and the expert testimony it is clear that this is an
inappropriate addition. She made reference to the designation report of 1988 in the
Marina Historic District (Section 4 -the Fontaine Fox Cottages) and stated 238 S.E. 7cn
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05/01/07
Avenue is one of.the cottages. Furthermore, she stated it was built in 1937 and was
designed by architect John Volk. She stated this house has some historic significance and
it is important that everyone take this into consideration. Mrs. Landry stated there are
other alternatives and options that can be presented and commented that that City
Commission and. the City staff are not here to design the house for the Dietrich's and
urged everyone to stick to the merits in the staff report and the design that is being
proposed.
Chuck Key, 321 S.E. 7th Avenue, Delrav Beach, inquired as to why we
have a Historic Preservation Board and stated it upsets him as a homeowner in the
Marina Historic District to have a Board that makes all these recommendations and then
for one reason or mother it gets appealed. He urged the Commission to let the Dietrich's
build their one-car garage with a room over it for their four children.
Francisco Perez-Azua, 4415 Regal Court, Delray Beach (local
Architect), stated REG Architects proposed addition that staff is suggesting causes
destruction to the authentic home as opposed to the. applicant's addition which is
completely detached. He stated if the garage were built in the back of the home, this
would drastically destroy the home and create a canyon effect in the alley with the three-
story townhouses: Also, Mr. Perez-Azua stated now this tall addition would be five feet
away from the property line (approximately 20 feet away from the townhouses).
Shannon Dawson, 527 North Swinton Avenue, Delrav Beach (Del-Ida
Historic District), stated adaptive reuse is supposed to be the key in these historic
districts and feels there are very few options for the Dietrich family. She stated 1ZEG's
proposal is completely non-functional and destroys the integrity of the home and then
there is something else proposed by ~a local architect. Mrs. Dawson stated people have to
live in these homes and they are trying to preserve the integrity of the home. She
commented that many decisions by the HPB have been appealed and is not sure if the
main goal is historic preservation if these buildings cannot be lived in.
Dan Dietrich, 238 S.E. 7th Avenue, Delray Beach (owner), stated even
with the addition his home is still the farthest house back. He stated if he cannot build in
front that is 60% of his property that he cannot use. Mr. Dietrich stated this is a unique
piece of property and noted if the house was all the way in the front then the garage
would be in the back but they are working with what they have.
There being no one else from the public who wished to address the
Commission regarding the appeal, the public hearing was closed.
. There was no cross examination.
'~ The following individuals gave brief rebuttals:
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Mr. Adams made reference to Mrs. Key's comments and stated he did not
state that there were no garages to the front. Mr. Adams clarified that he stated there are
garages to the front but generally the doors face sideways and the garage doors do not
face the front of the property.
Mr. Schmidt entered his copy of the PowerPoint presentation into the
record and the City's guidelines which are proposed at this point are a combination of
several parts of the Secretary of Interior's Standards. He stated the Secretary of Interior's
Standards make a differentiation between an addition and an accessory structure. He
stated the Secretary of Interior's Standards talks about locating the garage to the rear or
side; he noted that this is a separate free standing accessory structure. Mr. Schmidt noted
the guidelines are proposed at this point and are not binding. He urged the Commission
to defer to the Secretary of Interior's Standards which do make the differentiation
between accessory structures and attached additions.
Brief discussion followed by the Commission.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Fetzer moved to approve the Board Order as presented (uphold the
Historic Preservation Board decision and therefore the appeal is denied), seconded by Mr.
McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer- -Yes; Mr.
McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 `
to 0 vote.
9.B. APPEAL OF THE HISTORIC PRESERVATION BOARD'S
DECISION/706 SOUTHEAST 2 STREET: Appeal of the Historic Preservation
Board's decision approving a Certificate of Appropriateness (COA) for construction of a
new single-family residence at 706 Southeast 2°d Street, located in the Marina Historic
District. (Quasi-.Tudicial Hearin
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Ellis asked the Commission to disclose their ex parte
communications. Mr. McDuffie stated he has met with the developer, the attorney, and
the architect. Mrs. Montague stated she has met with Mark Krall, Francisco Perez-Azua
and the applicant. In addition, Mrs. Montague stated she has taken a site visit and has
emails with some recommendations which she has forwarded to the City Clerk. Mr.
Eliopoulos stated he received an email from the developer and he declined to meet. Mr.
Fetzer stated he met with Attorney Mark Krall, Architect Francisco Perez-Azua, and the
applicant. Mr. Fetzer stated he also received one email that he will forward to the City
Clerk. Mayor Ellis stated she received one email and did not meet with anyone because
she was on vacation.
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05/01/07
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2007-070 into the record.
Mr. Dorling stated this is a consideration for an appeal of the Historic
Preservation Board's (HPB) decision made on March 21, 2007. The HPB approved a
Certificate of Appropriateness (COA) for the new construction of asingle-family
residence located at 706 S.E. 2nd Street based on findings with the Comprehensive Plan
criteria in LDR Sections 4.5.1(E)(4), (E)(7), and (E)(8). Mr. Dorling stated the Delray
Beach Historic Preservation Guidelines are in effect and are not the proposed design
guidelines by REG but are adopted and approved and all development needs to be
consistent with them. Staff did not find it in compliance with the Comprehensive Plan
nor these approved design guidelines. The proposal is for construction of a new 11,709
total square foot (8,129 under a/c) two-story, single-family residence located at 706 S.E.
2nd Street. • Staff noted that the development was not consistent with the established
structures within the 200 block of S.E. 7th Avenue or the historic structures within the
district. Staff made a finding that the proposed house is not compatible with respect to
scale and mass. Therefore, staff recommends denial.
Mr. Dorling stated this was appealed by Claudia Willis and Cheryl Jones.
Warren Adams, representing Claudia Willis and Cheryl Jones (the
appellantsl, briefly discussed his credentials and submitted his resume into the record.
Mark Krall, Agent for the proiect, submitted letters of support from
neighboring property owners who may not be present this evening into the record.
Francisco Perez-Azua Architect gave a brief PowerPoint presentation
for 706 Southeast 2n Street.
Mayor Ellis stated if anyone from the public would like to speak in favor
or in opposition of the appeal, to please come forward at this time.
Matthew Grabham, 350 S.E. 7th Avenue, Delray Beach (Marina
Historic District); entered the Secretary of Interior's Standards into the record, and
stated Mr. Adams mentioned the Secretary of Interior's Standard for Rehabilitation and
noted that r0habilitation has to do with restoring a historic building. He does not feel it is
appropriate for Mr. Adams to quote the Secretary of Interior's Standards in this case and
briefly discussed nevc~ construction. He stated this lot is approximately 24,000 square feet
and the lot is incompatible with the rest of the district. Mr. Grabham stated this is a
unique lot because it does not have a contributing structure on it and is known as a "flag
lot" because it is: not visible from the street. He urged the Commission to allow this
project to go forward.
Dan Sloan, 106 S.E. 7th Avenue, Delray Beach, speaking on behalf of
Claudia Willis, entered his resume and credentials into the record. He stated he does not
feel it is appropriate to replace a 2,100 square foot building which was previously
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demolished with an 11,000 square foot residence. The FAR is between two and five
times the intensity level of surrounding homes. Mr. Sloan stated it is totally out of scale
with the neighborhood. Mr. Sloan quoted from the Planning and Zoning staff report that
"a structure of this size has the possibility of creating a domino affect of larger
development within the 200 block of S.E. 7th Avenue as is happened in the 300 block."
He urged the Commission to not approve this over scale project and suggested that a
visual compatibility study be employed as described in the design guidelines to come up
with a home that is more in scale with the historic district context.
Steve Harsnett, 405 S.E. 7th Avenue, Delray Beach, stated throughout
this process and regarding this project and others in the Marina Historic District it seems
as though it is an "us" versus "them" mentality. He stated he does not feel that anyone is
all pro-development or all pro-preservation of properties that are not contributing.
However, Mr. Harsnett stated it seems like the tasks that were put before these architects
were to develop a property that would conform to the current guidelines and be able to
meet the more stringent test of the proposed guidelines. He stated by taking away some
of the elements that were under the proposal to meet the 40% would also take away from
much of the character. Mr. Harsnett stated he likes the design of the property and
because of the large lot size and the unique position of this lot where it has waterfront
frontage, he feels it is compatible and meets the proposed as well as the current
guidelines.
Chuck Key, 321 S.E. 7th Avenue, Delray Beach, expressed concern that
it is alright if you have a small lot and you're at 29% and you can build 3,000 square feet
but when you have a total square footage of 11,000 square feet everyone gets all upset.
Mr. Key stated it is upsetting to him that the appellant does not want to see change;
however, when it concerns their property they can do whatever they want. He urged the
Commission to support this and see it as fitting within the guidelines of their lot coverage
and not as a big house that is going to destroy Delray.
Jean Deponte, 24 Marine Wav, Delray Beach (Marina Historic
District stated an 11,000 square foot house is massive. She expressed concern that if
something of this magnitude is allowed it could set a precedent. Ms. Deponte stated she
hopes that in the interest of preserving the integrity of the Marina Historic District that
everyone comes to some reasonable agreement on this property.
Andy Katz, 220 S. Ocean Boulevard, Delray Beach, speaking on
behalf of the Beach Property Owner's Association, expressed concern over the loss of
historic places and feels this will set a precedent for historic districts throughout the city.
Carolyn Patton. 1020 Tamarind Road, Delray Beach and a pro_pe~
owner at 60 Marine Wav (Marina Historic District), stated this 11,700 square foot
mega house with a five car garage is clearly not appropriate in the Marina Historic
District. She noted that the presentation that was given by the developers in front of the
HPB was misleading in that the elevation that was shown was just the west elevation
which does not show the massing of the house on the lot. She stated this proposal does
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not meet the City'•s LDR's for compatibility in a historic district. Ms. Patton urged the
Commission to grant this appeal and have this house brought into compliance with the
City's LDR's.
Ellen Key, 321 S.E. 7th Avenue, Delrav Beach, briefly discussed lot
coverage and stated this is a unique lot being that it is an intracoastal lot. She stated this
will be compatible with the other houses on the intracoastal.
Noel Smith, 49 Palm Square, Delrav Beach, briefly discussed the homes
and lots in the Marina Historic District and stated he would like to see more of the
greenery kept as much as we can.
Greg Mermigas, 405 S.E. 7th Avenue, Delrav Beach, lives three doors
down from 325 which is a house that has been questioned as being out of character for
the neighborhood. He stated the house is beautiful and feels it enhances the street. Mr.
Mermigas stated regarding the subject property (706 S.E. 2°d Street) all the directly
impacted neighbors seem to approve. He stated the house near him that was torn down
was anon-contributing dilapidated house and the house that has been demolished on the
subject lot was also dilapidated. He stated although the proposed home is large he feels it
is an improvement for the neighborhood. Mr. Mermigas urged the Commission to reject
the appeal.
Joann Peart, 107 N.W. 9th Street, Delrav Beach, stated when this
11,000 square foot house was approved, this is one of the rare times where she was
absent from the HPB meeting. She does not understand how the HPB approved a home
of this size :in a historic district. Mrs. Peart stated it started in the Del-Ida Park Historic
District because a builder wanted to build houses twice the size of the little cottages
surrounding his property and to justify it he pointed to the two newest houses on the next
street and the largest one in the entire district. She stated if this pattern continues the
historic districts will be unrecognizable and will eventually no longer exist. Mrs. Peart
urged the Commission to protect the property rights of those individuals who bought in
the historic districts knowing they would be protected.
Shannon Dawson, 527 North Swinton Avenue, Delrav Beach (Del-Ida
Historic Districtl, stated she was at the meeting when this project was reviewed and
noted there was a lot of detail about the project. She urged the Commission to not only
consider the overall square footage but to also consider the massing.
Livia Landry, 701 North Swinton Avenue, Delrav Beach, stated to say
because this project cannot be seen from S.E. 7t Avenue or S.E. 2° Street or that it does
not have a° streetscape because it is not on one of these streets means that it should be
treated differently and therefore should not be subject to the same rules and regulations
that any other structure or project should be subject to is ludicrous. She stated the LDR's
are specific with regard to new construction. Mrs. Landry stated inappropriate large scale
development in the historic districts prompted a six month moratorium because the HPB
felt that they did not have the tools necessary to make the proper decisions when dealing
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with these large scale projects. She stated she is an advocate for historic preservation and
appropriate development.
There was no cross-examination.
The following individuals gave a brief rebuttal:
Paul Dorling, Director of Planning and Zoning, stated the Delray Beach
Historic Preservation Guidelines are the design guidelines that are adopted and approved
and are not the proposed design guidelines by REG. He stated all development needs to
be consistent with the Delray Beach Historic Preservation Guidelines. Mr. Dorling the
proposed addition includes a total square footage of 11,709 square feet that reflects 8,129
square feet under air for a new two-story residence at 706 S.E. 2°a Street. He stated the
development is not consistent with the established structures within the 200 block of S.E.
7th Avenue nor the historic structures within the district. Mr. Dorling stated the property
previously contained a contributing 2,163 square foot one-story structure that was
demolished in 2005. As part of that deliberation by the Historic Preservation Board,
there was specific language that said that the design of the new dwelling will be required
to meet strict historic preservation design guidelines to ensure compatibility with the
design and massing in relation to the surrounding areas. Mr. Dorling stated this was
conveyed to the applicant when he demolished the one-story house. He stated the
proposed house is almost three times the size of the largest house in the immediate
vicinity. He made reference to the matrix in the Planning and Zoning staff report and
noted that the mass of this structure clearly outweighs that of the surrounding buildings.
Warren Adams, member of the Palm Beach County Historic Resources
Review Board, briefly discussed the Marina District floor to area ratio and noted that this
has been considered successfully in previous appeals. He stated the largest historic
property in the district is located at 219 S.E. 7th Avenue and this is a total square footage
of 5,656 square feet. However, that property has been added to over the years. Mr.
Adams stated the subject property at 11,709 square feet has a total floor to area ratio of
52% and the average for the district is 25% which is more than double the floor to area
ratio for the Marina Historic District. In the LDR's or the guidelines there is no provision
for unique lots. Also, he stated regardless of whether the property can be seen or not
from the roadway there is no provision for properties that cannot be seen from the
roadway in the LDR's or the Design Guidelines. Mr. Adams stated even if the massing
has been addressed, there has been no address of the building size and it is specifically
stated in the LDR's that the building size must be compatible with the historic
architecture.
Francisco Perez-Azua stated he is happy to clarify any concerns that the
Commission may have. He stated to keep in mind the reductions that they are proposing
to bring this house close to 9,000 square feet of total floor area at a 40% floor area ratio.
Brief discussion between the Commission and staff followed.
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• Mr. McDuffie moved to continue this item to a time certain of May 15,
2007 and allow the architect to go back and work on the project again, seconded by Mr.
Fetzer. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs.
Montague -Yes; Mayor Ellis - No; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said
motion passed with a 4 to 1 vote, Mayor Ellis dissenting.
At this point, the time being 11:00 p.m., the City Attorney stated the rules
of the City Commission require a vote to hold the City Commission meeting past 11:00
p.m. '.
Mrs. Montague moved to continue the City Commission meeting,
seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mrs.
Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr.
McDuffie -Yes. Said motion passed with a 5 to 0 vote.
9.C. CONDITIONAL USE REQUEST/SUNDY HOUSE: Consider a
request to allow the establishment of a residential-type inn on Blocks 61 and 70 and the
expansion of the Sundy House residential-type inn, located on the east and west sides of
South Swinton Avenue, south of Atlantic Avenue. Eleven (11} units currently exist on
this site. The proposal adds three (3) new units at the Sundy House, fifty-four (54) units
on Block 6~ (north of Sundy House), and sixteen (16) units on Block 70 (east of Sundy
House) for a combined total of eighty-four (84) residential-type inn units. (Quasi-
Judicial Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Ellis 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 #2007-134 into the record.
Mr. Dorling stated this is a conditional use request to allow establishment
of a residential-type inn on Blocks 61 and 70, and the expansion of an established
residential-type inn use within the Sundy Estates subdivision located on Block 62 and
associated with the Sundy House located at 106 South Swinton Avenue. The proposal
adds three (3) new units at the Sundy House, fifty-four (54) units on Block 61 (north of
Sundy House) and sixteen (16) units on Block 70 (east of Sundy House) for a combined
total of eighty-four (84) residential-type inn units.
At its meeting of April 16, 2007, the Planning and Zoning Board held a
public hearing on the proposed conditional use and voted 5 to 0 for approval. Staff
recommends approval of the conditional use. Mr. Dorling stated there is a policy within
the conditional use element C-3.3 which talks about not entertaining abandonment of
easements. There is a proposed realignment in this process through the northern block
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north of the Sundy House. Staff has indicated to the applicant that while that policy is
there, they would support an abandonment of the current alignment of that alley if there
was a rededication of that same right-of--way. The other issue is that the applicant has
indicated that fifty-six (56) on-street parking spaces are to be provided and credited this
development. He stated the section that would apply would allow credit of twenty-eight
spaces and would require an in-lieu contribution of $218,400.00 for the other spaces.
John Szerdi, Architect with Living Designs Group, LLC, stated the
Sundy House has had a great demand for larger events (i.e. weddings, etc.) along with the
need for a spa and banquet facilities. He stated there was also a desire to create some
commercial adaptive re-use on Swinton Avenue. Mr. Szerdi stated he feels the expansion
of the Sundy House would feed that adaptive re-use and relocation of a number of
structures that came about from the Treasure Coast Regional Planning Council (the study
that was done last year). He stated they followed the study to maintain the character and
by moving these houses and creating some rhythms with historic Swinton Avenue those
future businesses will be fed from the increased business from the Sundy House. Mr.
Szerdi stated the inspiration for the Sundy House has been for its gardens and the tree
canopy.
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).
Mr. Eliopoulos moved to approve the Board Order as set forth, seconded
by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes;
Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said
motion passed with a 5 to 0 vote.
9.D. REQUEST FOR IN-LIEU PARKING SPACES/177 PINEAPPLE
GROVE WAY: Consider a request from the owner of 177 Pineapple Grove Way for the
purchase of three (3) in-lieu parking spaces in the amount of $23,400.00 to enable the
owner to market the property for restaurant use. The subject property is located at 177
Pineapple Grove Way. (Quasi-Judicial Hearin
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Ellis asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Scott Aronson, Parking Management Specialist, stated the item before the
Commission is a request from the owners of 177 Pineapple Grove Way for three in-lieu
parking spaces. The building is a two-level structure with a total of 1,600 square feet.
The owner is seeking to lease the property and potential tenants are restaurateurs and
would like to get the in-lieu approvals received prior to signing with those tenants so a
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tenant would not have to go through the process. This is currently a retail use called The
Haven. Mr. Aronson stated that the land development regulations require that any
change of use that increases parking requirements need to provide those parking spaces
on-site. The 1,600 square feet of retail at 4.5 spaces per 1,000 square feet require 7.2
spaces and restaurant calculations a 6.0 spaces per 1,000 square feet requires 9.6 spaces.
Thus, needing 2.5 spaces equaling three (3) spaces. In the Pineapple Grove Way District
spaces are $7,800 per space and the three (3) in-lieu spaces would be a cost totaling
$23,400.00. If approved, the applicant is proposing to pay this fee via an in-lieu of
parking fee~agreement, in accordance with LDR Section 4.6.9(E)(3)(d). Comprehensive
Plan Policy C-4.1 of the Future Land Use Element encourages rehabilitation and
revitalization within the Central Business District through a number of incentives, one of
which is the accommodation of parking needs through innovative actions. The in-lieu of
parking fee program provides such an incentive and therefore is consistent with the
Comprehensive Plan.
At its meeting of March 27, 2007, the Parking Management Board
(PMAB) raised the question of expiration and unanimously recommended approval of the
applicant's request with the condition that the in-lieu spaces be used within one (1) year
of approval; at its meeting of April 4, 2007, the Pineapple Grove Main Street Board
(PGMSB) unanimously recommended approval of the applicant's request with the
condition that the fees be paid at the prevailing rate at the time that they are required; at
its meeting of April 9, 2007, the Downtown Development Authority (DDA),
unanimously recommended approval of the applicant's request with the condition that the
fees be paid at the prevailing rate at the time that they are required; at its meeting of April
12, 2007, the Community Redevelopment Agency (CRA) recommended approval of the
applicant's request with the condition that the fees be paid at the prevailing rate at the
time that they are required. Staff recommends approval of the request for the three (3) in-
lieu parking spaces at a cost of $23,400.00 to be paid by the in-lieu of parking fee
agreement and the Commission can impose a condition if they wish to do so.
Mrs. Montague asked if there is a letter of intent from the tenant. Mr.
Aronson stated they are marking the property for lease and it may not end up being a
restaurant. Mr. Aronson stated this is on Pineapple Grove Way and it is likely that a
restaurateur would have a sidewalk cafe which lends to the Cluster Study which supports
conversion use to restaurants to get the pedestrian traffic along Pineapple Grove Way.
Mrs. Montague inquired what would happen if the owner requires a tenant that does not
utilize it as restaurant space. Mr. Aronson stated if imposed with an expiration date, the
spaces would be valid for that period of time.
John Kayazaniian, represents the owner of the property, stated they
have had ongoing discussions and he would like to get the space leased and completed.
He stated if it does not, he knows a number of people who are waiting for the resolution
of this issue who would be interested in leasing the space for a restaurant.
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05/01/07
Mayor Ellis stated if anyone from the public would like to speak in favor
or in opposition of the in-lieu parking request, to please come forward at this time. There
being no one from the public who wished to address the Commission regarding the in-
lieuparking spaces, the public hearing was closed.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Brief discussion between the applicant and the Commission followed
regarding the two (2) year expiration for the text amendment.
The City Attorney suggested that the Commission approve with the
condition that the applicant has two years to establish the restaurant use and if he does
that he will pay the three in-lieu parking spaces at the prevailing rate subject to an
agreement.
Mr. Eliopoulos moved to adopt the Board Order with the condition that
the applicant has two years to establish the restaurant use and if he does that he will pay
for the three (3) in-lieu parking space's at the prevailing rate, seconded by Mr. McDuffie.
Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -
Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed
with a 5 to 0 vote.
9.E. CONDITIONAL USE EXTENSION/EBENEZER WESLEYAN
METHODIST CHURCH: Consider a conditional use extension request for Ebenezer
Wesleyan Methodist Church to allow the construction of a new church facility, located on
east and west sides of S.W. 6th Avenue, north of S.W. 2"a Street. (Quasi-Judicial
Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Ellis 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 #2005-100 into the record.
Mr. Dorling stated this is a request for the granting of an extension on a
conditional use approval to allow the construction of a new church facility for Ebenezer
Wesleyan Methodist Church located on the east and west sides of S.W. 6`h Avenue, north
of S.W. 2"d Street. The church is seeking to relocate its facility to the northwest corner of
S.W. 6`h Avenue and S.W. 2"d Street and construct an off-site parking lot at the northeast
corner of S.W. 6`h Avenue and S.W. 2"d Street.
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05/01/07
At its meeting of May 3, 2005, the City Commission approved the
conditional use request to allow the construction of a 6,575 square foot sanctuary with a
seating capacity of 214 seats; construction of a 50 space parking lot adjacent to the new
sanctuary building and a 22-space off-site parking lot on the east side of S.W. 6th Avenue.
Site Plan approval was subsequently granted by the Site Plan Review and Appearance
Board on October 11, 2006. Mr. Dorling stated construction has not yet begun and the
conditional use approval will expire on May 3, 2007. The applicant submitted
justification that the delays were related to problems with their consultant and they are
now going out to bid and expect construction to begin in the near future. There are no
changes to the development regulations in this two year time period and the project
complies with all the current regulations. Therefore, staff recommends approval of this
extension request at this time.
Karin Mannchen, Architect for the Ebenezer Wesleyan Church, stated
they have bids in now that is being considered. She stated the delay was not caused by
one single event but was many things.
Mayor Ellis stated if anyone from the public would like to speak in favor
or in opposition of the conditional use, to please come forward at this time. There being
no one from the public who wished to address the Commission regarding the conditional
use, the pubic hearing was closed.
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).
- Mr. McDuffie moved to adopt the Board Order as presented (approving
the conditional use extension}, seconded by Mrs. Montague. Upon roll call the
Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -
Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote.
9.F. ~ WAIVER REQUEST/FIRE STATION #4: Consider a request for
waiver to increase the maximum driveway width from 36 feet to 58 feet 5 inches for the
Fire Station #4 Project, located at the northeast corner of Lake Ida Road and Barwick
Road. (Quasi-Judicial Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Ellis 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 #2007-139 into the record.
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Mr. Dorling stated this is a waiver request associated with Fire Station #4
located at Barwick Road and Lake Ida Road (northeast corner) to increase the maximum
driveway width from 36 feet to 58 feet 5 inches along Lake Ida Road.
At its meeting of April 11, 2007, the Site Plan Review and Appearance
Board (SPRAB) approved the Class V site plan, landscape plan, and architectural
elevations for the 10,811 square foot Fire Station #4. The Board also made a
recommendation of approval for the waiver to LDR Section 4.6.9(D)(3)(a) to allow a
maximum driveway width to exceed 36 feet and go to 58 feet 5 inches in width.
Mr. Dorling stated required findings with respect to LDR Section
2.4.7(B)(5) waiver analysis are made in the staff report. The additional driveway width is
necessary to allow accommodate the movement of the ladder truck which requires larger
turning radius and clearances. Therefore, staff recommends approval of the request.
Mayor Ellis stated if anyone from the public would like to speak in favor
or in opposition of the waiver request, to please come forward at this time. There being
no one from the public who would like to address the Commission regarding the waiver
request, the public hearing was closed.
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).
Mr. Eliopoulos moved to approve the Board Order, seconded by Mr.
McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs.
Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said
motion passed with a 5 to 0 vote.
9.G. RESOLUTION NO. 30-07/MID YEAR BUDGET AMENDMENT:
Consider approval of Resolution No. 30-07 amending Resolution No. 62-06 adopted
September 19, 2006, which made appropriations of sums of money for all necessary
expenditures of the City of Delray Beach for the FY 2006/2007, by setting forth the
anticipated revenues and expenditures for the operating funds of the City for FY
2006/2007.
The caption of Resolution No. 30-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING RESOLUTION NO. 62-06 ADOPTED
SEPTEMBER 19, 2006, WHICH MADE
APPROPRIATIONS OF SUMS OF MONEY FOR ALL.
NECESSARY EXPENDITURES OF THE CITY OF
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DELRAY BEACH, FLORIDA, FOR THE FISCAL
YEAR 2006/2007, BY SETTING FORTH THE
ANTICIl'ATED REVENUES AND EXPENDITURES
FOR THE OPERATING FUNDS OF THE CITY FOR
THE FISCAL YEAR 2006/2007; REPEALING ALL
RESOLUTIONS INCONSISTENT HEREWITH.
office.)
(The official copy of Resolution No. 30-07 is on file in the City Clerk's
The City Manager stated this is a proposed amendment of the current
budget based on mid-year review. He stated the proposal includes $174,875.00 in
overtime for the Fire Department to increase the staffing in Station #2 on the Barrier
Island from four to five. The City Manager stated while the City strongly supports this
and it has been along-term goal of the City, in light of the uncertainty regarding the
City's ability to raise revenue in the future, he recommends taking this out of the budget
amendment at this time. The City Manager stated hopefully within the next few weeks
this will be clarified and staff can come back to the Commission with a later amendment.
He stated as soon as the City is able to continue that staffing level and can go out and
recruit full time people then the City would like to do that. However, the City Manager
stated it would be prudent to not include it this evening.
Brief discussion followed between Commissioner Montague and the City
Manager regarding renting space from Boca Raton. The City Manager stated he
discussed this with the Chief regarding the space of the depot building and he was under
the impression that the Fire Department would need all of the office space
(approximately 3,000 square feet). However, the City Manager stated they will only need
one office and he has asked Chief Schroeder to look at this as a possible alternative.
Chief Schroeder stated the whole proposal was based on merging two vice units together
that work on many of the same issues and an additional benefit would be that it would
create a little more office space.
Mr. Fetzer moved to approve Resolution No. 30-07 amending Exhibit "A"
to delete the $174,875.00 with the understanding that staff will re-address the Police
Department issue as soon as the revenue picture is clarified, seconded by Mr. Eliopoulos.
Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -
Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed
with a 5 to 0 vote.
9.H. CLAIM PAYMENT/WEEDLING RESIDENCE (1055 DEL
HARBOUR DRIVE): Consider a request to authorize Gallagher Bassett Services to
make a claim payment of no greater than the City's statutory sovereign immunity limit of
$100,000.00 for water damage to the Weedling residence located at 1055 Del Harbour
Drive.
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The City Attorney stated this is a claim where a City water main ruptured
and broke an etched glass door and caused extensive damage. She stated the City of
Delray Beach has a maximum statutory sovereign immunity limit of $100,000.00 and the
costs incurred thus far will probably equal this amount.
Mrs. Montague moved to authorize Gallagher Bassett Services to make a
claim payment of no greater than the City's statutory sovereign immunity limit of
$100,000.00 for water damage to the Weedling residence located at 1055 Del Harbour
Drive, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows:
Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs.
Montague -Yes. Said motion passed with a 5 to 0 vote.
9.I. SETTLEMENT OFFER IN CLARENCE RODOCKER AND LYNN
WARWICK v. CITY OF DELRAY BEACH: Consider a Settlement Offer in the total
amount of $19,000.00 in Clarence Rodocker and Lynn Warwick v. City of Delray Beach.
Staff recommends approval subject to execution of general releases by each claimant.
The City Attorney stated this is a settlement offer of $9,500.00 per each
person and staff recommends approval.
Mrs. Montague moved to approve the settlement offer in the amount of
$19,000.00 in Clarence Rodocker and Lynn Warwick v. City of Delray Beach subject to
execution of general releases by each claimant, seconded by Mr. Eliopoulos. Upon roll
call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr.
McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5
to 0 vote.
9.K. APPOINTMENT TO THE PLANNING AND ZONING BOARD:
Appoint one (1) regular member to the Planning and Zoning Board for an unexpired term
ending August 31, 2008. Based upon the rotation system, the appointment will be made
by Mayor Ellis (Seat #5).
Mayor Ellis stated because she has been away she would like to defer her
appointment to the City Commission meeting of May 15, 2007.
9.L. 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 Jess Sowards as an alternate member to the
Board of Adjustment for an unexpired term ending August 31, 2007, seconded by Mr.
Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr.
McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said
motion passed with a 5 to 0 vote.
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05/01 /07
9.M. APPOINTMENT TO THE BOARD OF CONSTRUCTION
APPEALS: Appoint one (1) regular member to the Board of Construction Appeals for
an unexpired term ending August 31, 2007. Based upon the rotation system, the
appointment will be made by Commissioner Eliopoulos (Seat #1).
Mr. Eliopoulos moved to appoint Steven Wallace as a regular member to
the Board of Construction Appeals as a regular member for an unexpired term ending
August 31, 2007, seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos
- Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote.
9.N. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY
BOARD: Appoint one (1) regular member to the Parking Management Advisory Board
for an unexpired term ending January 31, 2008. Based upon the rotation system, the
appointment will be made by Commissioner Montague (Seat #4).
Mrs. Montague moved to appoint Bonnie Beer as a regular member to the
Parking Management Advisory Board for an unexpired term ending January 31, 2008,
seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mrs.
Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr.
McDuffie -Yes. Said motion passed with a 5 to 0 vote.
9.0. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one
(1) alternate member to the Civil Service Board for an unexpired term ending July 1,
2008. Based upon the rotation system, the appointment will be made by Mayor Ellis
(Seat #5).
Mayor Ellis stated because she has been away she would like to defer her
appointment to the City Commission meeting of May 15, 2007.
9.P. APPOINTMENT TO THE POLICE AND FIREFIGHTERS
RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (1) regular member
to the Police and Firefighters Retirement System Board of Trustees for a two (2) year
term ending April 22, 2009. Based upon the rotation system, the appointment will be
made by Commissioner Fetzer (Seat #2).
Mr. Fetzer moved to reappoint Melvin Sacharow as a regular member to
the Police and Firefighters Retirement System Board of Trustees for a two (2) year term
ending April 22, 2009, seconded by Mr. Eliopoulos. Upon roll call the Commission
voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr.
Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote.
9~. BID AWARD/PANTROPIC POWER, INC.: Consider approval of a
bid award, to Pantropic Power, Inc., second low bidder, in the amount of $186,000.00 for
the purchase of a new 1,000 kW standby generator for the Water Treatment Plant and
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Beyel Brothers, Inc. in the amount of $14,452.50 for providing the crane service
associated with the installation of this new generator. Funding is available 442-5178-
536-64.90 (Water/Sewer Renewal and Replacement Fund/Other Machinery/Equipment).
Richard Hasko, Director of Environmental Services, stated the existing
800 kW generator blew a cylinder, disabling the entire unit. The magnitude of damage
can not be determined without disassembling the unit; therefore, repair estimates are
inconclusive. Only one company was willing to consider performing repairs, however,
strongly recommended replacing the entire unit. Pantropic Power quoted a cost to rebuild
the existing unit starting at $160,000.00, assuming the engine block is still in acceptable
condition. Mr. Hasko stated there is a limited availability in terms of the regional market
for particular generators of this size. Presently, staff is utilizing the 650kW generator that
was purchased for the Police Department's generator expansion project. Staff received
two quotes for a new 1,000 kW diesel generator; one from Pantropic Power, Inc.
(Caterpillar diesel) in the amount of $186,000.00 and one from Americas- Generators
(Cummins diesel) in the amount of $173,027.06. Although the Caterpillar engine, as
quoted by Pantropic Power, Inc. is $13,000.00 more, it offers a factory warranty of 10
years. Americas Generators offers a one year start-up and maintenance contract.
Caterpillar is an American company, Cummins is not. When needed, parts are readily
available as they do not have to be shipped from overseas. Also, staff has previously
experienced delays in parts availability on existing generators with Cummins diesel
engines. Associated with this work is an award to Beyel Brothers, Inc. in the amount of
$14,452.50 for providing crane service in removing the old unit and installing the new
generator.
Brief discussion between Commissioner Eliopoulos and Mr. Hasko
continued.
Mr. McDuffie moved to approve the bid award to Pantropic Power, Inc.
(second low bidder) in the amount of $186,000.00 for the purchase of a new 1,000 kW
standby generator for the Water Treatment Plan and Beyel Brothers, Inc. in the amount of
$14,452.50, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as
follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -
Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 11:48 p.m., the Commission moved to Item
13, Comments and Inquiries on Non-Agenda Items.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager
The City Manager stated he received an email today on the National
Citizens Survey, they have indicated that they have received 274 surveys back from
Delray Beach residents for 23% response rate without including the final postcard count
which will probably boost the overall response rate a bit. This is at the lower end of the
-36-
05/0l /07
average and they offered to extend the data collection by one week until May 7, 2007 in
case any straggler surveys come back. This will push the timeline out another week so
draft reports will be due May 29, 2007. The City Manager suggested extending this until
May 7, 2007 in case more surveys come in.
Secondly, he stated regarding the list of potential budget cuts he sent out,
the purpose of it is to illustrate the magnitude of what the City of Delray Beach would
have to do and the kinds of things we would have to think about doing. He stated this is a
serious matter and deserves public debate. The City Manager stated so far the debate has
been about. one side of the equation (i.e. taxing side) and we need to talk about the
spending side at the same time.
13.B. ~ City Attorney
The City Attorney had no comments or inquiries on non-agenda items.
13.C. City Commission
13.C.1. Mr. Fetzer
Mr. Fetzer stated the Commission was caught off-guard by the list
regarding the budget cuts and would have liked to opportunity to go over the list prior to
the newspapers knowing.
Secondly, Mr. Fetzer stated he appreciates the support from everyone
during his wife's illness.
13.C.2. Mr. Eliopoulos
Mr. Eliopoulos stated he too would like to have known about this list prior
to the newspapers'receiving it.
Secondly, he stated he attended a meeting for Flex Car and noted that
Nancy Schneider brought this through the Parking Management Advisory Board. Mr.
Eliopoulos stated it is a good concept; however, he does not know what the cost would
be.
It was the consensus of the Commission to request additional information
regarding the cost.
13.C.3. Mr. McDuffie
Mr. McDuffie stated he had the opportunity to attend the C.E.R.T.
event/barbecue and stated it was a rewarding experience. He commented that he enjoyed
the time he spent with the Fire Chief and the C.E.R.T. employees.
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OS/O1/07
Secondly, he stated he spent an evening with Sergeant Weatherspoon from
6:45 a.m. unti13:00 a.m. and this opened his eyes quite a bit. Mr. McDuffie stated he has
even a far greater appreciation now for the public safety employees than he did before.
He stated they are dedicated people and do a tremendous job. Mr. McDuffie noted one
particular incident stating he was impressed by the way it was handled and the way the
police diffused it.
Mr. McDuffie stated he attended the opening of the Miracle League and it
was a heartwarming experience.
He stated he joined Commissioner Montague at the "Thou Shall Not Kill"
Rally on West Atlantic Avenue. Mr. McDuffie stated they are a great force for our
community and it was very rewarding with approximately 100 people in attendance.
Mr. McDuffie stated he was blind sighted by the article in the Sun-
Sentinel and noted he received the telephone call from Erika Slife but had no idea about
the list. He stated it was an embarrassment and would appreciate it if something of this
magnitude is going to go out, that the Commissioners are informed before it leaves this
office. Mr. McDuffie stated that the Legislature saw the list before Sebastian Alexander,
City Lobbyist, had the opportunity to see it and he is very troubled by this.
Mr. McDuffie stated Mr. Fetzer and his wife Paulette have been an
inspiration to his family and he is proud to serve on the Commission with him.
Lastly,. he stated there is a Town Hall Gang Meeting at Florida Atlantic
University in the Live Oak Room on May 18, 2007 from 2:00-4:00 p.m.
13.C.4. Mrs. Montague
Mrs. Montague commented about the issue of communication and she
feels this is a lesson learned. She stated the City of Delray Beach took a hit and noted she
was on the telephone all day with Tallahassee. Mrs. Montague stated the Commission
understands the intentions; however, the public and the Legislators do not. She stated she
would like to make sure that we are all communicating properly as we are truly here to
support each other.
Secondly, Mrs. Montague offered support to Commissioner Fetzer in the
loss of his wife Paulette.
Mrs. Montague extended a special thanks to Commissioner Eliopoulos and
Commissioner McDuffie for their support.
-38-
05/01 /07
13.C.5. - Mayor Ellis
Mayor Ellis stated she had two great weeks when she was away on
vacation. Flowever, she was heartbroken to not be here for Commissioner Fetzer during
his very difficult time.
She stated she is glad to be back and noted there is a lot work to do and is
looking forward to it.
With regard to the budget cut list going out, Mayor Ellis stated the Florida
League of Cities has been after municipalities all over the state to put out some kind of
summary of the impact of what the legislation that the state is proposing would have.
Mrs. Ellis stated she has been reading the newspaper clippings online from the cities that
have been doing this all over the state. Mayor Ellis stated the communication was a point
well taken and was a learning point for everyone; however, on the other hand she feels it
is important that some of these cities have been putting out some of this information it did
need to be addressed and we did need some civic engagement on this.
Mrs. Ellis stated she and Mr. Smith are going to Washington, D.C. next
week to meet with consultants and Legislators.
. There being no further business, Mayor Ellis declared the meeting
adjourned at 12:11 a.m.
City Clerk
~ ~~
MAYOR
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 May 1, 2007, which Minutes were formally approved and adopted by the City
Commission on May 15, 2007
City Clerk
-39-
05/01/07
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.
-40-
05/01/07
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
~COUNTY,~MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
OARO, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
Eliopoulos, Gary P. Delray Beach City Commission
WLING ADDRESS THE BOARD; COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
205 George Bush Boulevard wHICHISERVEISauNIroF:
pn' COUN'rlr GTY O COUNTY ^ OTHER LOCAL AGENCY
Delray Beach, Florida 33444 Palm Beach NAME OF Pa-mcALSUSOIVISIDN:
DATE ON WHICH VOTE OCCURRED
Ma 1 2007 MY POSfTION IS:
~l ELECTIVE O APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of govemment on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and. non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which.you have a conflict of interest will vary greatly-depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA-STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
'nures to his or her special private gain or loss: Each elected o~ appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
f t t • • • • f • • e •
• f f
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disGose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publiGy stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
• .
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disGose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
= YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECI510N PRIOR TO THE MEETING AT WHICH THE VOTE WILL 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 form in the minutes. (Continued on other sidel
CE FORM 88 - EFF. 112000 PAGE 1
ITEM 9.A
APPOINT~D'OFFICERS (continued)
• A Dopy of,ilie fortiii mast be provided immediately to the other members of the agency.
• The form must be read. publicly at the next meeting affer the form is filed.
IF YOU MAKE N0 ATTEMPT TO INFLUENCE. THE- DECISION. EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure; before partiapating. .
• You must complete the form and file it within 15 days after the vote occurs with the'person responsible for recording the-minutes ofahe
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the.fomt must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S. INTEREST
I, Gary P. Eliopoulos , hereby disGose that an May 1 , 20 07 ;
(a) A measfre c8me or will'come before my agency which (check one)
_ inured to my speaal private gain or loss;
inured to th'e special gain or loss of my business assoaate, ElioQoulos ' Architecture ~ Tnr _
_ inured to the speaal gain or loss of my relative, ;
_ inured to the special gain or loss of __ _~__ , by
.whom 1 am retained; or
inured,to theapeGal gain of bssof ;:, ,which
is the parent organization or subsidiary of a .principal which has retained me.
(b).The. measure before my agency and the nature of my conflicting interest in the. measure is as follows:
May 1, 2007
Date Filed ignatu
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 112000 PAGE 2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
~COUNTY,~MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
ARC, NUNCIL, COMMISSION, AUTHORITY. OR COMMITTEE
Eliopoulos, Gary P. Delray Beach City Commission
eAIUNG ADDRESs
205 George Bush Boulevard
CITY COUNTY
Delray Beach, Florida. 33444 Palm Beach
DATE ON WHICH VOTE OCCURRED
May 1, 2007
THE BOARD. COUNCIL, COMMISSION, AUTHORTY OR COMMITTEE ON
WHICH 1 SERVE IS A UNfr OF:
aT1' ~ COUNTY ^ OTHER LOCAL AGENCY
NAME OF POLmCAI SUBDIVISION:
MY POSITION
~1 ELECTIVE O APPOINTIVE
WHO MUST FILE FORM 86
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with. a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which.you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 412.3143, FLORIDA STATUTES
A person holding elective or appointive county, munidpal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each- elected or appointed local officer also is prohibited from knowingly voting on a' mea-
sure which inures to the spedal gain or loss of a principal (other than a govemment agency) by whom he or she is retained {inducting the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the spedal private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publidy stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 GAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may partidpafe in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the dedsion, whether orally or in writing and whether made
by you or at your direction.
F YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the dedsion) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other sidel
CE FORM 8B - EFF. 1/2000 ITEM 1 O . A PAGE 7
APPOINTEDOFFICERS (continued)
• A copy of.tfie fomt must be provided immediately to the other members of the agency.
• The form must be read Publicly at-the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE. THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure! before pardapating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of:the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency. and the form must he read publicly at the next meeting after the form is flied.
DISCLOSURE OF LOCAL OFFICER'S. INTEREST
1. Gary P. Eliopoulos ,hereby disGose that on May 1 , 2007
{a) A measure pme or will'come before my agency which (check one)
_ inured to my specal private gain or loss;
y~` inured to th'e special gain or loss'of my business associate, Kupi & Eliopoulos Architects , P . A. - -
_ inured to the special gain or loss of my relative, _ -
_ inured to the special gain or loss of _____ , by
whom I am retained; or
inured: to the peaal,gain or loss of . ,which
is the parent organization or subsidiary. of a .principal which has retained me.
(b).The.measure before my-;agency and the nature of my conflicting: interest in the measure is as follows:
May 1, 2007 `
Date Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 112000 PAGE 2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This appeal of the approval of a Certificate of Appropriateness for the new
construction of a two-story garage/guest suite located at 238 S.E. 7th Avenue has come
before the City Commission on May 1, 2007.
2. The Appellants, Appellee and City staff presented documentary evidence
and testimony to the City Commission pertaining to the appeal of the approval of a
Certificate of Appropriateness for the new construction of a two-story garage/guest suite
located at 238 S.E. 7th Avenue. All of the evidence is part of the record in this case.
Required findings are made in accordance with Subsections I, II and III.
I. LDR REQUIREMENTS
a. LDR Section 4.5.1(E)(4), 4.5.1(E){7) and 4.5.1(E)(8)(a-k), "Development
Standards" provides guidelines in evaluating Certificates of Appropriateness for the
alteration or addition of exterior architectural features
Are these guidelines met?
Yes 4 No 0
b. LDR Section 4.3.3(Q), "Guest Cottages", provides guidelines for size and
occupancies of guest cottages
Are these guidelines met?
* Yes 4 No 0
* if the setbacks are met
II. DELRAY BEACH HISTORIC PRESERVATION DESIGN GUIDELINES:
Have the overall objectives of the Delray Beach Historic Preservation Design
Guidelines been met?
Yes 4 No 0
I~~ q A
~~131~
S~q~N~
D
~ zG i
111. THE SECRETARY OF THE INTERIOR'S STANDARDS FOR
REHABILITATION:
Have the overall objectives of the Secretary of the Interior's Standards for
Rehabilitation been met?
Yes 4 No 0
3. The City Commission has applied the LDR requirements in existence at
the time the original site plan was submitted.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts,and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves
denies X the appeal (and thus the Historic Preservation Board approval remains in
full force and effect) and hereby adopts this Order this 1st day of May, 2007, by a vote
of 4 in favor and 0 opposed.
ATTEST:
~`1 ).
Chevelle Nubin _
City Clerk
r
Rita Ellis, Mayor
2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR SUNDY HOUSE
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This conditional use modification request has come before the City
Commission on May 1, 2007.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for Sundy
House. All of the evidence is a part of the record in this case. Required findings are
made in accordance with Subsections I and II.
I. COMPREHENSIVE PLAN
a. Comprehensive Plan -Future Land Use Element Objective A-1/Future
Land Use Map: Is the property developed/redeveloped so that the future use and
intensity is appropriate in terms of soil, topographic, and other applicable physical
considerations, is complementary to adjacent land uses, and fulfills remaining land use
needs and is consistent with the Land Use Map?
Yes 5 No 0
b Concurrencv: Objective B-2 of the Land Use Element of the
Comprehensive Plan requires that development not exceed the ability of the City to fund
and provide, or to require the provision of, needed capital improvements for the
following areas:
Are the concurrency requirements met as respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Yes 5 No 0
s 5~3I°~
c,~,~
~m ~ ~ ~ ~
~~
c. Consistency: Will the granting of the modification conditional use be
consistent with and further the goals and policies of the Comprehensive Plan?
Yes 5 No 0
II. LDR REQUIREMENTS:
a. LDR Section 2.4.5(E) Required Findings: (Conditional Use): Pursuant
to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not:
i. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
ii. Hinder development or redevelopment of nearby
properties.
Will Section 2.4.5(E)(5) be met?
Yes 5 No 0
b. REQUIRED FINDINGS RELATING TO RESIDENTIAL TYPE INNS:
Pursuant to LDR Section 4.3.3(X), residential type inns shall be subject to the
following provisions, limitations, and restrictions:
1) The use must be located with frontage on, or access from, at least one
arterial or collector street as delineated on the City's Transportation
Element;
2) The use must be located in proximity to office, industrial, or commercial
uses;
3) The minimum floor area per suite shall be 450 square feet;
4) Accessory uses may include: recreational facilities, i.e. swimming pool,
whirlpool, Jacuzzi, steam room, tennis courts, meeting rooms,
complementary room service, and other nonresidential uses as
permitted within the respective zoning district;
Is this standard met?
Yes 5 No 0
2
3. The comments and notes set forth in the staff report are hereby
incorporated herein
4. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the development application request was
submitted and finds that its determinations as herein set forth are consistent with the
Comprehensive Plan.
5. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
6. Based on the entire record before it, the City Commission approves X
denies the conditional use request and hereby adopts this Order this day of
May, 2007, by a vote of 5 in favor and posed.
r
Rita Ellis, Vice Mayor
ATTEST: (~
~L.> .
Chevelle Nubin
City Clerk
3
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
IN LIEU PARKING FEE REQUEST FOR 177 PINEAPPLE GROVE WAY
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This in lieu parking fee request has come before the City Commission on
May 1, 2007.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the in lieu parking fee request for 177
Pineapple Grove Way. All of the evidence is a part of the record in this case. Required
findings are made in accordance with Subsection I.
I. IN LIEU PARKING FEE:
Pursuant to LDR Section 4.6.9(E)(3), when additional parking is required for a change
of use and it is impossible or inappropriate to provide such parking the City Commission
may approve the payment of an in lieu fee rather than provide the required parking.
Does the In Lieu Parking Fee request for three spaces meet the requirements of LDR
Section 4.6.9(E)(3) and the conditions, if any, listed below?
This approval is subiect to entering into an agreement and requiring the applicant to
establish a restaurant use within two rears of the date of this approval. The applicant
shall pay in-lieu fees at prevailing rates determined at the time the restaurant use is
established. Failure to establish the use as herein required voids this approval.
* Yes 5 No 0
* subject to the condition set forth above
3. The City Commission hereby finds that the In Lieu Parking Fee Request
meets the requirements of 4.6.9(E)(3) of the Land Development Regulations, with the
conditions listed above, and the City Commission has applied the Comprehensive Plan
and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan and Land Development Regulations.
Ike
q ~.
/ ~31~ \
S~ NNED
~w ~
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves X
denies the in lieu parking fee request as set forth above.
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 1St day of May, 2007, by a v 5 in favor and 0 opposed.
~.
ATTEST: \\ Rita Ellis, Mayor
CJ• ~~
Chevelle Nubin, City Clerk
2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
EXTENSION REQUEST FOR CONDITIONAL USE APPROVALS GRANTED TO
EBENEZER WESLEYAN METHODIST CHURCH
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. The above named conditional use extension request has come before the
City Commission on May 1, 2007.
2. This conditional use extension request comports with the future land use
element, is concurrent with the Comprehensive Plan and is consistent with the goals,
policies and objectives of the City's Comprehensive Plan.
3. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use extension request for
Ebenezer Wesleyan Methodist Church. All of the evidence is a part of the record in this
case. Required findings are made in accordance with LDR Section 2.4.4(F)(1) and
(F)(3).
4. Section 2.4.4(F)(1) requires certain preliminary requirements to be met,
such as:
A written request submitted at least 45 days prior to the expiration date;
The request must set forth the basis and reason for the extension;
The request must be considered by the same body that granted the approval;
The extension, if granted, shall be for a term of 18 months unless otherwise
stated.
Have the preliminary requirements of Section 2.4.4(F)(1) been met?
Yes 5 No 0
5. In making a determination under LDR Section 2.4.4(F)(3) the Commission shall
consider the following:
(a) The project shall be evaluated pursuant to the land development regulations in
effect at the time of consideration of the extension request and shall comply with s
current requirements; S~3~o-I
_ SCANNED
tel. Q • ~ • ~-~ ~
(b) Additional submittal information including a new application and copies of previously
submittal material may be required;
(c) The granting body must make findings pursuant to 2.4.4(8);
(d) The granting body may impose additional conditions of approval pursuant to
2.4.4(C) to insure compliance with any applicable changes to regulations or changes in
circumstances which have occurred since the previous approval.
Have the requirements of Section 2.4.4(F)(3) been met?
Yes 5 No 0
6. The comments and notes set forth in the staff report are hereby
incorporated herein.
7. The City Commission has applied the LDR requirements in existence at
the time the conditional use extension request was submitted.
8. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
9. Based on the entire record before it, the City Commission approves ~X
denies the conditional use extension request to allow the previous conditional use
approval to be valid until November 3, 2008. The City Commission hereby adopts this
Order this 1St day of May, 2007, by a vote in favor and 0 opposed.
r
Rit Ellis, Mayor
ATTEST:
~~ ~~. \VU>~J
Chevelle Nubin
City Clerk
2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
WAIVER REQUESTED BY FIRE STATION #4
1. This waiver request came before the City Commission on May 1, 2007.
2. The City staff, applicant, and other persons have presented documentary
evidence and testimony to the City Commission pertaining to the waiver request for Fire
Station #4. All of the evidence is part of the record in this case.
3. Waivers: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver,
the approving body shall make a finding that the granting of the waiver:
(a) shall not adversely affect the neighboring area;
(b) shall not significantly diminish the provision of public facilities;
(c) shall not create an unsafe situation; and
(d) does not result in the grant of a special privilege in that the same
waiver would be granted under similar circumstances on other
property for another applicant or owner.
4. Drivewa~Width: Per LDR Section 4.6.9(D)(3)(a), the maximum driveway
width is thirty-six feet (36'). The proposed driveway along Lake Ida Rd. is fifty-eight feet
five inches (58' and 5') wide.
Should the waiver be granted for the driveway width?
Yes 5 No 0
5. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original site plan was submitted.
6. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
~-I
competent witnesses which supports the findings set forth in this Order. ~ ~61
Sr. ~-~
L~
7. Based on the entire record before it, the City Commission approves X
denies the waiver requests and hereby adopts this Order this 1st day of May,
2007, by a vote of 5 in favor and 0 opp
Rita E lis, Mayor
ATTEST: (~ ~
Chevelle Nubin
City Clerk
2