07-24-07 Minutes RegJULY 24, 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 6:04 p.m., Tuesday, July 24, 2007.
1. Roll call showed:
Present - Commissioner Fred Fetzer
Commissioner Woodie McDuffie
Commissioner Brenda Montague
Mayor Rita Ellis
Absent - Commissioner Gary Eliopoulos
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Douglas Smith, Assistant City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Reverend Kathleen P. Gannon with
St. Paul's Episcopal Church.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mayor Ellis stated there is revised information regarding Item 9.J.,
Federal Lobbying Contracts/Alcalde and Fay/Artemis Strategies and Item 9.K.,
Seacrest Soccer Complex Preconstruction Services ProposaVThe Weitz Company.
Mrs. Montague requested that Item 9.I., Federal Lobbying
Contracts/Alcalde and Fay/Artemis Strategies, Item 9.J., Seacrest Soccer Complex
Preconstruction Services ProposaVThe Weitz Company and Item 9.K., Miller Park
Preconstruction Services ProposaVThe Weitz Company be moved after Item 9.L.,
Proposed Millage Rate.
Mr. McDuffie stated with regard to Item 12.D., Ordinance No. 27-07 in
the memo under the recommendation it references Ordinance No. 24-07 and noted it
should reference Ordinance No. 27-07.
The City Manager noted the addition of Item 8.M.4., Purchase Award to
Duval Ford in the amount of $48,826.00 via the Florida Sheriffs Association
Contract #06-14-0821 for the purchase of two vehicles.
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Mrs. Montague moved to approve the 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. Said motion passed with a 4
to 0 vote.
5. APPROVAL OF MINUTES:
Mr. McDuffie moved to approve the Minutes of the Regular Meeting of
July 10, 2007, 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.
Mrs. Montague moved to approve the Minutes of the SpeciaUWorkshop
Meeting of July 17, 2007, seconded by Mr. Fetzer. Upon roll call the Commission voted
as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -
Yes. Said motion passed with a 4 to 0 vote.
6. PROCLAMATIONS:
6.A. Florida Water Professional Week -August 6 -10, 2007
Mayor Ellis read and presented a proclamation hereby proclaiming the
week of August 6-10, 2007 as Florida Water Professional Week in the City of Delray
Beach. Richard Hasko, Director of Environmental Services, came forward to accept the
proclamation and he gave a few brief comments.
6.B. Arthur J. Kobacker
Mayor Ellis read and presented a proclamation hereby posthumously
celebrating and recognizing the life of a very generous and amazing person, Arthur J.
Kobacker. Dr. Tammy Ferguson came forward to accept the proclamation and she gave a
few brief comments.
At this point, the time being 6:18 p.m., the Commission moved to Item
7.B.
7. PRESENTATIONS:
7.B. S.P.I.R.I.T. (Service, Performance, Integrity, Responsibility,
Innovation, Teamwork) Committee Quarterly Awards Presentation
Gerri Bauer, Chair for the S.P.I.R.I.T Committee, stated Ashley
Wintemute, Police Information Specialist, was recommended for a SPIRIT award by
Lieutenant Thomas Mitchell who stated there was a mentally unstable woman who was
aimlessly wondering the streets with three children ages 7, 3 and 1 years old. The woman
fled a shelter because she claimed evil spirits were attempting to harm her and her
children. The children did not have proper food, shoes, or clothing. In addition, all the
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children were extremely dirty. The woman was taken to a mental institution for help and
the Department of Children and Family (DCF) Services was called for the children. The
children were taken to the Police Department to await DCF. Seeing the children in their
condition, Ms. Wintemute immediately offered to clean the children and feed them food
from her locker. She prepared a container of soapy water and went to her personal
vehicle for diapers and wipes. After her care, the demeanor of the children drastically
changed and they started to interact with the officers in the case. Ms. Wintemute's
kindness, care and compassion for these children despite their adverse conditions truly
reflect the spirit of the City of Delray Beach.
Dot Bast, Human Resource Consultant/Human Development, stated Rosio
Beltran, Police Information Specialist was recommended for a S.P.I.R.I.T. award by her
supervisor Dawn Delaney. Ms. Beltran was working the operator station when a
customer approached her and wanted to pay for a parking ticket. This situation was
unique because the customer had already requested and was granted a hearing for
pleading not guilty. The notice of her intention to take this ticket to court had not yet
been processed so the Police Department had record of this and was able to take and post
a payment from her. The customer needed to cancel her court date and by this time she
was exasperated because before meeting Rosio, she had been given several different
answers on how to handle this situation and was directed to many offices. Rosio
contacted the courthouse confirming the cancellation procedures, and then personally
walked her next door to the appropriate office where she saw to it that everything was
taken care of expeditiously.
Alberta Gaum-Rickard, Project Coordinator, stated Willene "Lynn" Clark,
General Maintenance Worker, has captured the attention of several residents with her
outstanding customer service. Willene demonstrates great work ethic. Willene is
responsible for helping to maintain the restrooms at the beach. The nomination forms
noted that Willene takes pride in keeping the restrooms clean. An out of town visitor
who was lost, commented that out of the goodness of her heart, Willene helped her find
the location she was looking for by following her. She provides excellent customer
service and gives Delray Beach a positive appearance.
Mayor Ellis presented the three employees with their S.P.I.R.I.T.
Quarterly Award certificates.
7.A. New Tax Plan -House Representative Maria Sachs
Maria Sachs gave a brief overview of the Property Tax Legislation
regarding the roll back and the Super Exemption Proposal. She stated she is very proud
to have her Legislative office in Delray Beach.
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8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. CHANGE ORDER NO. 1 (C.O. NO. 1)/ROSSO PAVING &
DRAINAGE, INC.: Approve Change Order No. 1 (C.O. No. 1) in the amount of
$38,729.50 to Rosso Paving & Drainage, Inc. for the emergency removal of a 6" water
main and connection to an adjacent 12" water main, required to maintain flow for the NE
4~h Street Improvement Project. Funding is available from 442-5178-536-63.50
(Water/Sewer Renewal & Replacement FundlWater Mains).
8.B. CONTRACT CLOSEOUT (C.O. NO. 2/FINAL)/ASPHALT
CONSULTANTS, INC.: Approve a Contract Closeout (C. O. No. 2/Final) in the
amount of a $131,407.97 decrease and final payment in the amount of $126,741.90 to
Asphalt Consultants, Inc. for completion of the Country Club Acres Infrastructure
Improvements Project. Funding is available from 441-5161-536-65.86 (Water/Sewer
Fund/Country Club Acres).
8.C. SERVICE AUTHORIZATION NO. 07-O1/MATHEWS
CONSULTING, INC.: Approve Service Authorization No. 07-01 in the amount of
$37,500.00 to Mathews Consulting, Inc. for professional engineering services related to
the Lakeview Golf Course Irrigation with Reclaimed Water Project. Funding is available
from 441-5181-536-31.90 (Water/Sewer Fund/Other Professional Services).
8.D. PALM BEACH COUNTY MATCHING GRANT/ARTIST
AGREEMENT/KNOWLES PARK SCULPTURE PROJECT: Approve and
authorize a "Public Art Improves Our Community" matching grant agreement with Palm
Beach County and an agreement with Artist Mr. John Clement for a proposed sculpture
that will be located at Knowles Park. The Matching Grant Program is a 50% match and
Palm Beach County will reimburse the City in the amount of $25,000.00. Funding is
available from the Public Arts Program.
8.E. RESOLUTION NO. 43-07/FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT)/LANDSCAPE MAINTENANCE MEMORANDUM
OF AGREEMENT (MMOA): Approve and adopt Resolution No. 43-07 authorizing
execution of a Landscape Maintenance Memorandum of Agreement (MOA) with the
Florida Department of Transportation (FDOT) for the medians on Atlantic Avenue
between Military Trail to McNab Avenue (just west of the I-95 overpass).
The caption of Resolution No. 43-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, APPROVING
THE MAINTENANCE MEMORANDUM OF
AGREEMENT FOR LANDSCAPE IMPROVEMENTS
TO AREAS LOCATED ON ATLANTIC AVENUE
FROM MILITARY TRAIL TO MCNAB AVENUE AND
AUTHORIZING THE EXECUTION OF THE
AGREEMENT.
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(The official copy of Resolution No. 43-07 is on file in the City Clerk's
office.)
8.F. AMENDMENT NO. 1/INTERLOCAL AGREEMENT/
COMMUNITY REDEVELOPMENT AGENCY (CRA)/BUS SHELTERS: Approve
Amendment No. 1 to the Interlocal Agreement between the City and Community
Redevelopment Agency (CRA) for reimbursement for the purchase, delivery and
installation of a minimum of fifteen (15) bus shelters in the Community Redevelopment
area.
8.G. SPECIAL EVENT REQUEST/ART & JAZZ: Approve a special event
request to endorse the Art & Jazz on the Avenue scheduled for August 16, 2007 from
6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the
closure of Atlantic Avenue from Swinton Avenue to the west side of NE/SE 7th Avenue,
Railroad Avenue from Atlantic Avenue north to the north side of the east/west alley, and
to the alleys north and south of Atlantic on NE/SE 1St Avenue, NE/SE 2°d Avenue, SE 3Ta
Avenue, NE/SE 4th Avenue, and the Tennis Center Parking lot; and to authorize staff
support for security and traffic control, EMS assistance, banner hanging and removal,
barricade set up and removal, trash removal and clean up. .
8.H. FLORIDA RECREATION DEVELOPMENT ASSISTANCE
PROGRAM (FRDAP) GRANTS/BEXLEY TRAIL COMMUNITY AND EAGLE
PARKS: Approve agreements between the City and the Florida Department of
Environmental Protection for reimbursable grants from the Florida Recreation
Development Assistance Program (FRDAP) in the amount of $200,000.00 for Bexley
Trail Community Park and in the amount of $200,000.00 for Eagle Park for the
development of both parks.
8_I. HOUSING REHABILITATION GRANT/CONTRACT AWARDS:
Approve two (2) Housing Rehabilitation grant/contract awards through the Community
Development Division in the amount of $34,345.50 to Brigcon Consulting Services, and
in the amount of $35,474.25 to South Florida Construction. Funding is available from
118-1924-551-49.19 (State Housing Initiatives Partnership (SHIP) Program/Housing
Rehabilitation) and 118-1963-554-49.19 (Community Development Fund/Housing
Rehabilitation).
8_J. SUBORDINATION AGREEMENT FOR COMMUNITY
DEVELOPMENT FUNDING RECIPIENT: Authorize and approve subordination of
the City's second mortgage in the amount of $25,775.00 to allow the applicant to secure
new financing.
8.K. AMENDMENT/CDBG CONSOLIDATED ANNUAL
PERFORMANCE AND APPRAISAL REPORT (CAPER)• Approve an amendment
to the Community Development Block Grant (CDBG) Consolidated Annual Performance
and Appraisal Report (CAPER) for FY 2005-2006 as required by the U.S. Department of
Housing and Urban Development.
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8.L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period July 9, 2007 through July 20, 2007.
8.M. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Berg Demolition, Inc. in the amount of
$21,887.00 for the demolition of the existing Fire Station No. 4. Funding
is available from 334-6112-522-62.88 (General Construction Fund/Fire
Station No. 4).
2. Contract renewal with G&K Services in an estimated annual cost
of $63,350.00 for the rental of uniforms for City employees via the City of
Vero Beach Bid #97-41. Funding is available from various departmental
budgets.
3. Purchase award to Regal Foodservice Equipment in the amount of
$22,287.00 for the purchase of one (1) two compartment rectangular walk-
in refrigerator for the Delray Beach Golf Club Restaurant. Funding is
available from 445-4761-572-63.90 (Delray Beach Municipal Golf Course
Fund/Other Improvements).
4. Purchase award to Duval Ford in the amount of $46,826.00 via the
Florida Sheriff s Association Contract #06-14-0821 for the purchase of
two (2) 2008 Ford Crown Victoria Police Interceptors for the Police
Department. Funding is available from 501-3312-591-64.20 (Central
Garage Fund/Automotive).
Mr. Fetzer moved to approve the Consent Agenda as amended, seconded
by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes;
Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with
a 4 to 0 vote.
9. REGULAR AGENDA:
9.A. WAIVER REQUESTBOYS FARMERS MARKET: Consider a
waiver request to the Land Development Regulations (LDR) Section 4.6.5(C), "Height
Restrictions", which allows a maximum height of 8 feet (10 feet proposed) for walls
located in the rear yard for the Boys Farmers Market located at 14378 Military Trial.
(Quasi-Judicial Hearin
Mayor Ellis read into the record the City of Delray Beach procedures for a
Quasi-Judicial Hearing.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
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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 #2007-193.
Mr. Dorling stated this is a waiver request from LDR Section 4.6.5(C)
which allows a maximum height of walls within the rear yard to eight feet. He stated this
is a request to waive that to allow a ten foot wall along the east property line between the
Boy's Market and the Lee's Crossing subdivision.
At its meeting of June 27, 2007, the Site Plan Review and Appearance
Board (SPRAB) approved the Class I site plan modification to install a 10-foot high wall
and landscaping along the eastern side of the subject property and those also
recommended approval of the waiver from eight feet to ten feet.
Mr. Dorling stated it is his understanding that the residents from Lee's
Crossing desire this added wall to protect them from noise, dust, and the other impacts
from Boy's Market. Staff recommends approval of the waiver request.
Beril Kruger, 9 N.E. 16th Street, Delrav Beach (represents The Boy's
Market and he is a Planning and Zoning consultant), stated there has been a lot of
problems with dust and noise that has been bothering the people who live in Lee's
Crossing. Mr. Kruger stated by putting this wall up along with the landscaping that is
required they have agreed to install a hedge and canopy trees (20 feet on center) which
will help block noise and any other things that are annoying the people in Lee's Crossing.
He stated it is his understanding that the people in Lee's Crossing are in agreement for
the approval of this.
Mayor Ellis stated if anyone from the public would like to speak in favor
or in opposition of this item to please come forward at this time.
Guy Sherman, Attorney representing Lee's Crossing, stated there are
many issues that are ongoing and they are hopeful that this is part of a major revamping
of the entire back section of Boy's Market and they are currently involved in some
litigation with them over these issues. Mr. Sherman stated they are in favor of the ten
foot wall; however, they would also like to have the wall on a 4 foot setback from the
property line to allow for some of the hedges and landscaping taking away from the fence
to soften the impact for the members of the community who live on that side. He also
requested that they would like some guidelines as to the maturity of the plantings that are
going to be on the other side of the concrete wall and would like these to be mature
plantings so that the sound and the dust impact can be minimized as quickly as possible.
Mark Behar, 140 West Lee Road, Delrav Beach, stated he lives right in
the heart of Lee's Crossing and has the largest backyard (pie shape lot) and has no
problem with this wall going up as per the plans that are going to be submitted now. He
stated his backyard will abut the wall and would like to see the wall started.
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There being no one else from the public who wished to address the
Commission, the public hearing was closed.
There was no cross examination or rebuttal.
Mr. Dorling stated the Class I site plan modification was considered by
SPRAB and includes the dimensions for all the landscape material.
Mrs. Montague inquired about the timeline for the parking lot. In
response, Mr. Kruger stated as it stands right now they are waiting for their civil engineer
to get the approval for the traffic light on Military Trail. As soon as the civil engineer
gets the traffic light approved (he is supposed to hear by Friday), he has already
completed the plans for the paving and drainage in the parking lot.
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 adopt the Board Order as presented (approving the
waiver), 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. REQUEST TO EXTEND VALET QUEUE/GAFFE LUNA ROSA:
Consider a request from Gaffe Luna Rosa to extend the operating hours of its Valet
Parking Queue to start at 10:00 a.m. on weekdays and 9:00 a.m. on weekends.
Scott Aronson, Parking Management Specialist, stated this is a request
from Gaffe Luna Rosa and they would like to extend their parking queue hours from
11:00 a.m. to 10:00 a.m. during the week and 9:00 a.m. on the weekends. The current
operating hours of the queue are from 11:00 a.m. through 11:00 p.m. Currently, the two
spaces on the western most portion of the queue are loading bays. The queue is between
Salina Avenue and Ocean Boulevard. The request excludes the loading zone spaces.
At its meeting of May 14, 2007, the Downtown Development Authority
(DDA) recommended approval of the applicant's request (an increase in fees was not
discussed because none of the spaces are metered); at its meeting of May 24, 2007, the
Community Redevelopment Agency (CRA) recommended approval of the applicant's
request with the condition that the weekend starting time be changed from 9:00 a.m. to
10:00 a.m. to allow an extra hour for people visiting other businesses on the weekend to
utilize the spaces; at its meeting of June 26, 2007, the Parking Management Advisory
Board (PMAB) in a 6 to 0 vote (Krall and Beer recused themselves due to a conflict of
interest) recommended approval of the applicant's request to extend the operating hours
of its valet parking queue to start at 10:00 a.m. on weekdays and 9:00 a.m. on weekends.
Mrs. Montague moved to approve the request from Gaffe Luna Rosa to
extend the operating hours of its valet parking queue to start at 10:00 a.m. on weekdays
and 9:00 a.m. on weekends, seconded by Mr. McDuffie. Upon roll call the Commission
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voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr.
Fetzer -Yes. Said motion passed with a 4 to 0 vote.
9.C. SPECIAL EVENT REQUEST/9th ANNUAL GARLIC FESTIVAL:
Consider approval of a special event request for the 9c Annual Garlic Festival to be held
on the grounds of Old School Square on February 8 -10, 2008, and to grant a temporary
use permit per LDR's Section 2.4.6(F) for use of City rights-of--way (NE 1St Avenue from
Atlantic to the grass area at Old School Square, Swinton Avenue from Atlantic to NE lsc
Street, the southwest section of the Old School Square parking lot) from 6:00 a.m.,
February 7 through midnight February 10, 2008; use of the Old School Square Parking
Garage, the City Attorney lot and the County Parking Garage for event parking, and
authorize staff support for traffic control and security, EMS assistance, barricading,
banner hanging, signage preparation and installation and clean up and trash removal;
contingent upon the conditions listed in the staff report.
Robert A. Barcinski, Assistant City Manager, stated this is a request for
the Commission to endorse the 9th Annual Garlic Festival to be held on February 8-10,
2008 to grant a temporary use permit for the use of City rights-of--way to include N.E. 1St
Avenue from Atlantic to the grass area at Old School Square, Swinton Avenue from
Atlantic Avenue to N.E. 1St Street, the southwest section of the Old School Square
Parking Garage, and use of various parking lots. The City is also being requested to
supply staff support for traffic control and security, EMS assistance, barricading, banner
hanging, signage preparation and installation and clean up and trash removal and waive
the 2 hour parking limit in the downtown area during the event. The estimated overtime
cost is approximately $24,600.00, signage costs $250.00, barricades $200.00 and trash
boxes $400.00, for a total estimate of $25,450.00. Based on the existing Special Events
Policies and Procedures, the event sponsor would be required to pay approximately
$10,290.00. Proceeds from the event will again be shared with volunteer organizations.
This past year approximately $52,000.00 was given to volunteer organizations.
Mr. McDuffie moved to approve the special event request for the 9th
Annual Garlic Festival per all of staff's recommendations, seconded by Mrs. Montague.
Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -
Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote.
At this point, the time being 7:00 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. PROPOSED CAPITAL IMPROVEMENT (CIP) PROGRAM
BUDGET FOR FY 2008 - 2012: Presentation on the proposed Capital Improvement
(CIP) Program Budget for FY 2008 - 2012.
Richard Hasko, Director of Environmental Services, presented the Capital
proposals for next year and Randal Krejcarek, City Engineer, gave a brief PowerPoint
presentation of all of the proposed projects in each of the funding sources next year.
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Also, Mr. Hasko reviewed the projects that remain to be funded.
Mr. Krejcarek stated the proposed Capital Budget is approximately
$73,000,000.00 and is made up of several funds. He stated the largest fund is the General
Fund which is a little over $10,000,000.00.
Mr. Fetzer stated his biggest concern with the millage cut that the City is
going to have to do to make the State mandate he did not want to see the City taking
more money out of the General Fund to pay for that.
Mayor Ellis declared the public hearing open.
Jim. Smith, 1225 South Ocean Boulevard, Delray Beach, thanked the
City of Delray Beach for all it has done with regard to its Capital Budgets over the last
few years because Delray Beach is the place to live. He stated Delray Beach is a great
city and the reason is because the city has invested its money wisely in Capital
Improvement projects which have expanded services to people, added new services to
people, and improved overall the quality of the life for everyone. Mr. Smith applauded
the effort of the City Commission and suggested that the City have a grant seeker and a
grant writer that can bring revenues to this city that we solely need to keep the quality of
life in South Florida cities. Mr. Smith agrees that that the City needs a Bond Issue and
asked that the City set aside money for outside consultants to analyze the projects for
next year.
Robert Ganger, President of the Delray Beach Historical Society,
stated he did not see his project (the move of the Hunt House) during the presentation.
Mr. Ganger stated this has been discussed at approximately 5 Commission meetings and
he thought there was general agreement that the Commission would be proceeding. He
asked the Commission for the opportunity to meet with them to make sure that they can
get just enough to do the project before the house is torn down.
Mike Owen, 2150 South Ocean Boulevard #4-E, Delray Beach,
complimented staff on the great efforts made in reducing the Capital Budget and
hopefully getting it within the guidelines the Commission can work with.
Dorothy Ellington, President of the Delray Beach Housing Authority,
stated their project is called Villages of Delray and as part of that project they planned to
improve S.W. 12`h Avenue. She stated their project has a scheduled beginning date of
February 2008 and there are five phases and one of the phases is the improvements on
S.W. 12th Avenue. Ms. Ellington stated they will need assistance from the City with
those improvements that are planned for S.W. 12th Avenue and will provide a beautified
entryway to their project which is at the other end of S.W. 12`h Avenue (Carver Estates
and Auburn Development).
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Matthew Hartley, 2522 L Street (Woods of Southrid~e), Delray Beach
Nice President of the Woods of Southrid~e Homeowner's Association), stated he
noticed during the Capital Improvement presentation that neighborhood improvements is
going to be removed. He inquired if this is meant for 2008/2009 and commented that his
neighborhood along with other neighborhoods needs help from the City for
improvements. Mr. Hartley urged the Commission to consider funding the Strategic Task
Team Grant for 2007/2008.
There being no one else from the public who wished to address the
Commission regarding the proposed Capital Improvement Program (CIP) Budget for
2008-2012, the public hearing was closed.
The City Manager stated staff is looking for direction to move ahead with
the Bond Issue of either $20 million (not funding Miller Park at this time) or $25 million
(funding Miller Park at this point). He stated either way it is not going to affect the
operating budget because of the way the Bond Issues would be structured.
Mrs. Montague inquired about the Bond payoff and the difference
between doing a $20 million Bond Issue versus a $25 million Bond Issue. Mr. Safford
stated many of these projects are already either constructed or in construction. Once staff
exceeds the budget in that fund, the City is actually spending General Fund money to
loan to that fund until we can get the cash reimbursed. Mr. Safford stated it is more cost
effective to put it all together in one bundle as opposed to separating it. If it is separated
and we go for another Bond Issue next year, there will be much higher fees. He stated
there will be relatively larger financing and legal fees. Mrs. Montague asked how much
does this extend the bond by including Miller Park now as opposed to later. Mr. Safford
stated the Bond Issue will be a 25 year payback with or without Miller Park.
Mr. McDuffie supports this and would seek the Bond Issue for the entire
project list presented at the $25 million.
Mr. Fetzer stated he too supports the $25 million Bond Issue as well and
noted there has been some very hard work done to find more creative financing and also
we made some substantial cuts.
Mrs. Montague stated she too supports the $25 million Bond Issue and
extended a special thanks to the Chamber of Commerce for working with staff and the
City to reduce that number and make some really incredible modifications to some of
these projects.
Mayor Ellis stated the business community was a special help in this and
noted that Delray Beach reaches out and finds ways to get information and input that
helps when tough decisions need to be made. She commended everyone involved for
their efforts.
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The City Manager stated at the 9% reduction there is a reduction of $1.2
million in the capital program (he noted this can be discussed more at the time the
millage will be discussed). The City Manager stated staff needs direction on whether or
not the Commission would like to proceed with the north wing remodeling for City Hall.
Manager.
Brief discussion continued between the Commission and the City
It was the consensus of the Commission to go with the $25 million Bond
Issue for 25 years.
10.B. RESOLUTION NO. 41-07: Approve Resolution No. 41-07 establishing
a budget for the Stormwater Utility System, establishing the rates for FY 2008
Stormwater Management Assessments, and certifying and adopting the Stormwater
Assessment Roll.
The caption of Resolution No. 41-07 is as follows:
office.)
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
ESTABLISHING A BUDGET FOR THE
STORMWATER UTILITY SYSTEM; ESTABLISHING
RATES FOR STORMWATER MANAGEMENT
ASSESSMENTS FOR EACH PARCEL WITHIN THE
BENEFITTED AREA, OTHER THAN NON-ASSESSED
PROPERTY; PROVIDING FOR A PUBLIC HEARING,
ALL IN ACCORDANCE WITH CHAPTER 56 OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, AND RELEVANT STATUTORY
AUTHORITY; PROVIDING FOR THE
CERTIFICATION AND ADOPTION OF THE
STORMWATER ASSESSMENT ROLL.
(The official copy of Resolution No. 41-07 is on file in the City Clerk's
The City Attorney stated this is a resolution that establishes a budget for
the stormwater utility system and rates for each parcel within the benefited area.
Richard Hasko, Director of Environmental Services, stated the assessment
is proposed at the rate of $5.33 per month per Equivalent Residential Unit (ERU), for a
total annual assessment of $63.96 per ERU. This is the same as the current year
assessment.
Mayor Ellis declared the public hearing open. There being no one from
the public who wished to address the Commission, the public hearing was closed.
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07/24/07
Mr. Fetzer moved to approve Resolution No. 41-07, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr.
Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 4
to 0 vote.
10.C. ORDINANCE NO. 23-07: City initiated text amendment to the Land
Development Regulations (LDR) Section 4.6.9(E)(3), "In Lieu Fee", and Section
4.6.9{E)(4) "Public Parking Fee", establishing an expiration period and clarifying the
payment amount due.
The caption of Ordinance No. 23-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SECTION 4.6.9(E), "LOCATION OF
PARKING SPACES", SUBSECTION 4.6.9(E)(3), "IN-
LIEU FEE", AND SUBSECTION 4.6.9(E)(4), "PUBLIC
PARKING FEE" TO PROVIDE A TIME PERIOD IN
WHICH APPROVED IN LIEU OR PUBLIC PARKING
FEES SHALL BE VALID AND THE CHARGE FOR
SUCH FEES; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 23-07 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 of the City of Delray Beach, Florida.
Scott Aronson, Parking Management Specialist, stated Ordinance No. 80-
06 was adopted on January 2, 2007, which created an application process allowing in-lieu
parking fee requests to be submitted independently of a site plan modification. During
consideration of a recent in-lieu request from the owner of 177 Pineapple Grove Way, a
concern that property owners could potentially "bank" in-lieu spaces and lock in at the
current rates was identified. To address the concern, the request was conditionally
approved with a two year expiration period and the caveat that fees be paid at the
prevailing rate as set forth in the Land Development Regulations at the time payment is
made for spaces required to accommodate the associated site plan or site plan
modification. The proposed Ordinance No. 23-07, if approved, will codify the expiration
period of two years and establish how to determine the fees to be paid at the time the
spaces are purchased.
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07/24/07
Mayor Ellis declared the public hearing open. There being no one from
the public who wished to address the Commission regarding Ordinance No. 23-07, the
public hearing was closed.
Mrs. Montague moved to adopt Ordinance No. 23-07 on Second and
FINAL 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. Said motion passed with a 4 to 0 vote.
10.D. RESOLUTION NO. 39-07/SALE AND PURCHASE
AGREEMENT/CANNERY ROW, LLC: Consider approval of Resolution No. 39-07
authorizing the City to purchase certain real property within Palm Beach County, and
approve the Purchase and Sale Agreement between the City and Cannery Row LLC in
the amount of $530,000.00.
The caption of Resolution No. 39-07 is as follows:
office.)
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE CITY TO PURCHASE FROM
SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, AS DESCRIBED
HEREIN, HEREBY INCORPORATING AND
ACCEPTING THE CONTRACT STATING THE TERMS
AND CONDITIONS FOR THE SALE AND PURCHASE
BETWEEN THE SELLER AND THE CITY OF DELRAY
BEACH, FLORIDA.
(The official copy of Resolution No. 39-07 is on file in the City Clerk's
The City Attorney stated this is a resolution which incorporates the sale
and purchase agreement for Cannery Row and if the City decides to enter into this sale
and purchase agreement, the City still has three options at a later time: (1) to proceed and
go ahead with the project or (2) to not purchase anything or (3) to just purchase the land
for $200,000.00.
Mayor Ellis declared the public hearing open.
David Schmidt, representing Cannery Row, LLC, stated there are
actually five options under the contract and in addition to going ahead with the deal and
purchasing the unit or just buying the land and having it used as a park or not proceeding,
the City has the right to assign the contract to the Community Redevelopment Agency
(CRA) or the Community Land Trust (CLT) without the developer's consent or find
another purchaser to assign the contract to but it would require the developer's consent.
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07/24/07
Mr. Schmidt stated there could be some unforeseen delays but as of now
Mr. Glickstein is anticipating mid 2009 before proceeding with this building.
The City Attorney stated once the City enters into the purchase and sale
agreement it really solidifies no retail.
Jim Smith, 1225 South Ocean Boulevard, Delray Beach, stated the
City's Downtown Master Plan and all of the City's visions for the future has always
placed Pineapple Grove as an artsy place where artists live and work. He stated one of
the things done years ago was to say that the ground floor should be retail. He stated the
City needs box retailers (i.e. bookstore and a foreign film store/theatre, and artists). Mr.
Smith stated the property is valuable and he urged the Commission to not give this
property back to the developer to put a residence on the ground floor.
There being no one else who wished to address the Commission regarding
Resolution No. 39-07, the public hearing was closed.
Mr. Fetzer moved to approve Resolution No. 39-07 approving the
Purchase and Sale Agreement between the City and Cannery Row LLC in the amount of
$530,000.00, seconded by Mrs. Montague. 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.E. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
ANNUAL ACTION PLAN (FY 2007 - 2008): Consider approval of the Community
Development Block Grant (CDBG) Annual Action Plan required by the Housing &
Urban Development (HUD) Department of the United States for utilization of federal
grant funds.
Lula Butler, Director of Community Improvement, stated this is the annual
public hearing on the proposed use of the block grant dollars as required by the
Department of Housing and Urban Development (HLTD). This year the grant amount is
proposed at $596,076.00. Grantees are required to have two public hearings per year to
obtain the public's views and to respond to proposals and questions. The first public
hearing was held in conjunction with the Neighborhood Advisory Council (NAC) from
which all the presidents of the HOA's living within the boundaries of the CDBG target
area. Mrs. Butler stated there was discussion on the grant but no recommendations
separately from what they have represented tonight. She stated the dollars will continue
to be spent on the preservation of existing single family unoccupied homes, public
facilities, public services, and staff administrative dollars. Staff recommends holding the
public hearing and approving the Action Plan allowing them to transmit it to HUD.
Mayor Ellis declared the public hearing open. There being no one from
the public who wished to address the Commission regarding the 2007-2008 Annual
Action Plan, the public hearing was closed.
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07/24/07
Mrs. Montague moved to approve the 2007-2008 Annual Action Plan,
seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs.
Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said
motion passed with a 4 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.
inquiries.
The City Manager had no response to prior public comments and
11.B. From the Public.
11.B.1. Carolyn Zimmerman, 212 S.W. 2"d Avenue, Delray Beach, stated she
has been in Delray Beach for over 20 years and when she first came here they were
having a terrible time in the southwest and northwest sections and people felt they were
being ignored by the Commission. Consequently, they formed the West Atlantic
Property Owners and people started doing business for themselves. She stated they
thought since the Commission was not doing what the public wanted that there should be
term limitations and it worked. Miss Zimmerman stated she feels Mrs. Ellis is doing a
great job as Mayor and urged the Commission to listen to people from all over the city
and not just groups. Miss Zimmerman complimented the City Manager for doing a
fantastic job and stated several others feel the same way. In addition, she stated there are
two newspapers that did an editorial on thinking that the City Manager is a decent human
being and a good City Manager. Miss Zimmerman stated she does not see any reason for
the City Manager to step down and there are many people who appreciate him.
11.B.2. Bunny Elrod, 302 S.W. 1St Avenue, Delray Beach, stated there are so
many interesting things going on and people should be able to easily access the
Commission meetings by cable TV. Mrs. Elrod stated Delray Beach is a fascinating city
with an interesting new City Commission with fabulous things going on. She stated
Progressive Residents of Delray (P.R.O.D.) has looked into the cost of what it would take
to do this and noted it is not as expensive as everyone thinks and she feels it would
benefit everyone. She suggested that the City go to cable live coverage so that people
who are elderly and cannot drive at night or are ill or have families that they have to serve
dinner to, could be sitting in their homes watching the City Commission meetings on
cable television. Mrs. Elrod urged the Commission to reconsider this and stated the
surrounding cities have had this for a long period of time and it is very successful.
11.B.3. Dorothy Ellington, Chairman of the Roots Cultural Prayer Breakfast,
extended an invitation to the City Commission, the City Manager, and staff to the Roots
Cultural Festival Annual Prayer Breakfast being held on Saturday, August 11, 2007 at
8:00 a.m.
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07/24/07
11.B.4. Dave Turner, 159 Marine Wav, Slip #13, Delray Beach, commented
about the Workshop Meeting and the City Commission's suggestion to increase the
dockage rate by 55%. He stated he feels they are being unfairly taxed with a 55%
increase in living expenses without a clear budgetary reason. Mr. Turner asked what it
costs to run the marina and if the current rates are carrying the marina costs today. He
stated the Delray Beach marina has 24 slips when most others have 100-200 slips. Also,
there is no staff onsite full-time or security. He stated the bathrooms, washer and dryer
are the only amenities available to them but they do have a small community that offers
residents and visitors alike a place to walk and view their boats. Mr. Turner expressed
concern that the City is proposing to raise the marina rates at a time when real estate
values are down over 40% throughout Florida with 75,000 listings in Palm Beach
County. He stated Delray businesses are experiencing their worst year in decades and
sales tax revenues are declining. Mr. Turner stated if this is a budgetary concern then
they along with a group of residents are willing to purchase the marina from the City of
Delray Beach to relieve the City of its obligation.
11.B.5. Janet Maler, 159 Marine Wav, Slip #17, Delray Beach, resident of the
City Marina for the past 15 years and a resident of Delray Beach for approximately
27 years, stated she is a professional boat captain so she has had the opportunity to travel
from the Canadian coast to Key West, the Bahamas and Mexico and noted she has had a
lot of experience going in and out of the marinas throughout this continent. She stated
she does not consider Delray Beach a marina at all by definition but considers the marina
a City sidewalk with ten wooden docks compared to the large marinas advertised in
newspapers and the prices that the Delray Marina is being compared to. Ms. Maler stated
she does not feel it is fair that they have been compared to Fort Lauderdale, known as the
Yachting capitol of the world, price rates and Palm Beach which is one of the most
exclusive areas on the coast. She stated Delray Beach is a village by the sea and she
does not feel they fit into these categories.
11.B.6. Joe Carey, 159 Marine Way, Slip #15, Delray Beach and also lives in
Dillon, Colorado, stated what separates Delray Beach from other people is that we are
truly friendly people and he feels this is extremely important to maintain. Mr. Carey
stated he would like to meet with each Commissioner and explain their plans for the
marina and the burdens they think they can possibly relieve from the City of Delray
Beach.
11.B.7. Preston Claytor, 159 Marine Wav, South Slip #1, Delray Beach,
expressed concern over the 55% rent increase to store his boat at the marina. He stated
he spent $2,000.00 of his own money to make his slip safe so that he would not damage
his boat or the docks at the marina none of which was reimbursed by the City. Mr.
Claytor stated the ice machines and the building is an expense to the City but is also a
benefit to City workers who use it on a regular basis. He urged the Commission to
reconsider the 55% marina rate increase.
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07/24/07
11.B.8. Tom Gymrik, 159 Marine Way, Slip #18, Delray Beach, distributed a
survey to the Commission of all the marinas up and down the coast of Florida. He stated
they all have higher rates than the Delray Beach marina does and each of these marinas
has a considerable list of amenities that the Delray Beach marina does not offer. Mr.
Gymrik stated for the most part he is pretty happy being where they are with the
amenities that are available to them at this time. He urged the Commission to review the
survey and use this in their judgment about passing the rate increase.
11.B.9. Alice First, 707 Place Tavant, Delray Beach, expressed concern over
things that were done last year in the budget. She stated her particular concern is that the
City website and the Granicus contract both state that "the computer live streaming video
and live radio on our 1620 emergency broadcast system are provided." Mrs. Finst asked
if the City is paying for something they did not get or has the City chosen not to use it.
She stated she would like to see these services turned on immediately.
11.B.10. Kevin Warner, 248 Venetian Drive, Delray Beach, stated he is proud of
the work the Commission has done in the last few weeks with regard to the budget. He
encouraged the Commission to get anyone who has serious concerns about how things
are being handled to come to the microphone and put things out in the open so that
people who are at these meetings can hear what they have to say freely and openly
without having to filter through newspaper reporting.
11.B.11. Jim Smith, 1225 South Ocean Boulevard, Delray Beach, stated he is
disgusted by the comments made by our former Mayor as reported in the Sun-Sentinel
News. Mr. Smith stated he fully supports Mayor Ellis and this Commission in its efforts
to do the peoples' agenda instead of pursuing selfish interests. He encouraged the
Commission to announce that they will evaluate the City Manager appropriately in
private at salary review time and urged the Commission to work together for the good of
Delray Beach.
At this point, the time being 8:23 p.m., the Commission moved to Item
12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 24-07: City initiated amendment to the Land
Development Regulations (LDR) Section 4.3.4, "Base District Development Standards",
Subsection 4.3.4(K), "Development Standards Matrix", and Section 4.4.6, "Medium
Density Residential (RM) District", Subsection 4.4.6(A), "Purpose and Intent", to add
references to the Carver Estates Overlay District and the Infill Workforce Housing Area.
If passed, a public hearing will be scheduled for August 7, 2007.
The caption of Ordinance No. 24-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
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REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SECTION 4.3.4, "BASE DISTRICT
DEVELOPMENT STANDARDS". SUBSECTION
4.3.4(x), "DEVELOPMENT STANDARDS MATRIX ",
AND SECTION 4.4.6, "MEDIUM DENSITY
RESIDENTIAL (RM) DISTRICT", AND SECTION
4.4.6,(A) "PURPOSE AND INTENT", TO ADD
REFERENCES TO THE CARVER ESTATES OVERLAY
DISTRICT AND INFILL WORKFORCE HOUSING
AREA; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTNE
DATE.
(The official copy of the Ordinance No. 24-07 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 corrective
amendment to add references to the Carver Estates Overlay District and Infill Workforce
Housing Area to the "Purpose and Intent" statement contained in the RM (Multiple
Family Residential -Medium Density) zoning district. As well as to add a reference to it
in the Matrix in Land Development Regulations Section 4.3.3. Mr. Dorling stated this
should have been done before; however, this wording was inadvertently left out and this
is a correction.
Mrs. Montague moved to approve Ordinance No. 24-07 on FIRST
Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows:
Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said
motion passed with a 4 to 0 vote.
12.B. ORDINANCE NO. 25-07: City initiated amendment to the Land
Development Regulations (LDR) Section 2.4.2, "Notice Requirements", and Section
2.4.3(x), "Fees", to provide for an increase in the Development Applications, Plan Check
Fees and Building Permit Fees. If passed, a public hearing will be scheduled for August
7, 2007.
The caption of Ordinance No. 25-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES,
BY AMENDING SECTION 2.4.2, "NOTICE
REQUIREMENTS"; SECTION 2.4.3, "SUBMISSION
REQUIREMENTS", SUBSECTION 2.4.3(K), "FEES",
SUB-SUBSECTION 2.4.3(K)(1), "DEVELOPMENT
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07/24/07
APPLICATIONS", 2.4.3(K)(2), "PLAN CHECK
FEES", AND 2.4.3(K)(3), "PERMIT FEES", TO
PROVIDE FOR CERTAIN COSTS TO BE PAID BY
AN APPLICANT AND TO INCREASE THE
DEVELOPMENT APPLICATION, PLAN CHECK
FEES AND PERMIT FEES CHARGED; PROVIDING
A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
office.)
(The official copy of Ordinance No. 25-07 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 the City
Commission directed staff to process changes as needed every two years. In 2005, an
LDR amendment was processed that increased the development application fees by 5%
as well as provided for significant adjustments for zoning verification letters and for
Certificates of Appropriateness (COA) requests as they related to demolitions, new
construction and additions in historic districts that required Board review. Staff has
researched adjacent municipality fee schedules for similar development activities and has
determined that an additional increase in the Development Application fees of 5% is
justified. Staff is also proposing an increase from $750.00 to $850.00 for the fee for the
North Beach/Seagate and Ocean Neighborhood Overlay Districts to reflect increases
proposed in the renewal contract between the City and Urban Design Studio and a new
fee for advertising and recording costs. Mr. Dorling stated staff met with the Community
Improvement department and they have some fee increases again consistent with the
policy of the City Commission to revisit these. Staff is also recommending a plan check
fee calculated at one half of the assessed permit fee be paid when building plans are
submitted for application, thus requiring the plan check fee for all permit applications
regardless of the construction value. Staff was finding that many people were coming in
for building applications and then not picking up their permits. Staff would expend all
the time and effort to do that and then not recover any of those fees. This encourages
people to pick up the permits once they start the process.
At its meeting of July 16, 2007, the Planning and Zoning Board
considered the text amendment and they recommended approval on a 4 to 0 vote.
Mr. McDuffie moved to approve Ordinance No. 25-07 on FIRST Reading,
seconded by Mr. Fetzer. 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.
12.C. ORDINANCE NO. 26-07: City initiated amendment to the Land
Development Regulations (LDR) enacting Section 2.4.7(G), "Requests for Reasonable
Accommodation", to provide procedures for handling and processing requests for
accommodation from the City's Code. If passed, a public hearing will be scheduled for
August 7, 2007.
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07/24/07
The caption of Ordinance No. 26-07 is as follows:
office.)
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER TWO, "ADMINISTRATNE
PROVISIONS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY
BEACH, BY ENACTING SECTION 2.4.7(G),
"REQUESTS FOR REASONABLE
ACCOMMODATION", IN ORDER TO PROVIDE
PROCEDURES FOR HANDLING AND
PROCESSING REQUESTS FOR
ACCOMMODATION FROM THE LAND
DEVELOPMENT REGULATIONS; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 26-07 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 this is an
amendment to accommodate some recent court cases in adjacent communities showing
that the City needs to do this.
At its meeting of July 16, 2007, the Planning and Zoning Board
considered the amendment and recommended approval on a 4 to 0 vote.
Mrs. Montague moved to approve Ordinance No. 26-07 on FIRST
Reading, seconded by Mr. McDuffie. 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.
12.D. ORDINANCE NO. 27-07: City initiated amendment to the Land
Development Regulations (LDR) amending Section 4.4.13, "Central Business District
(CBD)", Subsection 4.4.13(D), "Conditional Uses and Structures Allowed", to clarify the
maximum allowed residential density in the West Atlantic Avenue Neighborhood. If
passed, a public hearing will be scheduled for August 7, 2007.
The caption of Ordinance No. 27-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SECTION 4.4.13, "CENTRAL BUSINESS
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07/24/07
(CBD) DISTRICT", SUBSECTION 4.4.13(D),
"CONDITIONAL USES AND STRUCTURES
ALLOWED", TO CLARIFY RESIDENTIAL
DEVELOPMENT IS ALLOWED AS A CONDITIONAL
USE IN THE CBD ZONED PORTION OF THE WEST
ATLANTIC AVENUE NEIGHBORHOOD UP TO A
MAXIMUM OF 30 UNITS PER ACRE; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
office.)
(The official copy of Ordinance No. 27-07 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 the density
threshold triggering the requirement for conditional use approval is established at greater
than twelve dwelling units per acre (12 du/ac), but there is currently no maximum density
specified. The Comprehensive Plan specifically limits the maximum density to 30 units
per acre within the West Atlantic Redevelopment Area; this amendment will clarify the
maximum density in the Land Development Regulations and provide consistency
between the Land Development Regulations and the Comprehensive Plan. It is noted this
has always been the intent of the Land Development Regulations, but this language was
inadvertently left out when the language was modified by Ordinance No. 64-04.
Mr. McDuffie moved to approve Ordinance No. 27-07 on FIRST Reading,
seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs.
Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said
motion passed with a 4 to 0 vote.
12.E. ORDINANCE NO. 28-07: City initiated text amendment to Chapter 71,
"Parking Regulations" of the Code of Ordinances, by amending Section 71.058, "Cost of
Parking or Standing Vehicles in Certain Metered Spaces", regarding the increase of
Parking Meter Fees, east of the Intracoastal Waterway from $0.75 to $1.00 per hour. If
passed, a public hearing will be scheduled for August 7, 2007.
The caption of Ordinance No. 28-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 71, "PARKING
REGULATIONS" OF THE CODE OF ORDINANCES BY
AMENDING SECTION 71.058, "COST OF PARKING
OR STANDING VEHICLES IN CERTAIN METERED
SPACES", TO PROVIDE FOR THE METER FEE
CHARGED AND THE PARKING LOTS AFFECTED;
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07/24/07
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
office.)
(The official copy of Ordinance No. 28-07 is on file in the City Clerk's
1. EXTEND PARKING METER TIMES: Consider approval of
extending parking meter times to 8:00 p.m. on Ocean Boulevard
and requiring payment at metered spaces located in Orange Grove,
Ingraham Avenue, Gleason, Atlantic Dunes Park, Anchor Park and
Sandoway Park parking lots at all times the lots are open.
The City Attorney read the caption of the ordinance.
Scott Aronson, Parking Management Specialist, stated Ordinance No. 28-
07 is an amendment to the City's Code of Ordinances related to parking fees. Section
71.058 of the City Code of Ordinances establishes the parking meter fees at $0.75 per
hour on Ocean Boulevard (SR AlA), Atlantic Avenue, the Marriott Hotel lot North,
Sandoway Lot, Ingraham Lot, Atlantic Dunes Lot, Anchor Lot, and the Gleason Lot.
Ordinance No. 14-90, adopted on Apri124, 1990, established those fees at $0.75 per hour.
Mr. Aronson stated due to the increased costs in servicing the meters, replacement and
repair of malfunctioning units and increased labor costs associated with managing the
parking meter program, staff recommends an increase to those fees to $1.00 per hour.
Mr. Aronson stated in the Agenda backup .staff has provided a comprehensive research of
neighboring cities along the coast and what they charge for parking fees.
Mr. Aronson stated part of this proposal is to extend the time periods when
the meters need to be paid for. In 2002, employees were parking along Atlantic Avenue
in the prime spaces at 4:00 p.m. and 5:00 p.m. when they started their shifts and the
parking ended at 6:00 p.m. Therefore, they were able to park in those prime spaces all
night. Staff has extended the time period to 8:00 p.m. Payment requirements for on-
street parking spaces should be consistent. While payment at all meters starts at 8:00
a.m. payment on Ocean Boulevard and the lots ends at 6:00 p.m. Staff recommends that
this also be extended to 8:00 p.m. With regard to the parking lots, he stated they open at
8:00 a.m. and close at varying times (some at dusk and some at 10:00 p.m. or 8:00 p.m.).
Parking fees are only required until 6:00 p.m. and staff recommends that of all hours of
operation of the parking lots that parking meter fees should be required until the lot is
closed.
Mrs. Montague stated if this were approved how would the businesses be
notified. In response, Mr. Aronson stated staff would do public service announcements
and some education. Mrs. Montague expressed concern that proper notification is sent
out allowing people enough time so that they realize the fees and timeframes have
changed. The City Manager suggested that the City use some temporary signage and
stated staff is only talking about Ocean Boulevard. Mr. Aronson stated staff can ask the
Downtown Development Authority (DDA) for assistance and have some of the stores put
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07/24/07
up flyers.
Mayor Ellis asked if this has been a problem. Mr. Aronson stated the only
change was in late 2002 early 2003 when Atlantic Avenue was metered between the
Intracoastal and Ocean Boulevard for the first time. There were a lot of regular
customers out of force of habit who would jump out of their car and go into a coffee
shop, etc. However, the Police Department was very cooperative in using some
discretion as long as they did not see the same person at the counter getting a ticket
voided. He stated the Police Department did a great job in educating those that did not
understand. Staff can do something similar if the Commission so desires.
Mr. Fetzer moved to approve Ordinance No. 28-07 on FIRST Reading,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor
Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion
passed with a 4 to 0 vote.
Mrs. Montague moved to approve to extend the parking meter time to 8:00
p.m. on Ocean Boulevard and to charge all the time that the lots are open, seconded by
Mr. Fetzer. 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.
At this point, the time being 8:37 p.m., the Commission moved back to
Item 9.D. of the Regular Agenda.
9.D. SPECIAL EVENT REQUEST/PALM BEACH COUNTY
FIREFIGHTER AND PARAMEDIC CHILI COOK-OFF: Consider approval of a
special event request for the 11` Annual Palm Beach County Firefighter and Paramedic
Chili Cook-Off (first time held in Delray Beach) sponsored by the Professional
Firefighters Paramedics Benevolent Fund, Inc., proposed to be held on October 20, 2007
from 11:00 a.m. to 11:00 p.m., and authorize staff support for traffic control and security,
EMS assistance, site clean up and trash removal, event signage; use of the Old School
Square Parking Garage, City Attorney lot, County Courthouse Garage and Library Lots
and Parking lots in Block 60; contingent upon sponsor providing the certificate of event
liability insurance and certificate of alcohol liability insurance ten (10) days before the
event, a copy of the rental agreement with Old School Square ten (10) days prior to the
event; event sponsors will pay 100% of the City costs, and that the City man and collect
parking fees if charged for the City lots and County lots required for use.
Robert A. Barcinski, Assistant City Manager, stated this is a request for
the Commission to consider approval of the 11`h Annual Palm Beach County Firefighter
and Paramedic Chili Cook-Off (first time held in Delray Beach} sponsored by the
Professional Firefighters Paramedics Benevolent Fund, Inc. proposed to be held on
Saturday, October 20, 2007 from 11:00 a.m. to 11:00 p.m. Commission is also requested
to provide staff support for traffic control and security, EMS assistance, site clean up and
trash removal, event signage and use of the Old School Square Parking Garage, City
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Attorney lot, County Courthouse Garage and Library lots and CRA parking lots in Block
60. This event will be gated with an $8.00 admission charge. Alcoholic beverages will
be sold, and the event will feature food and beverage vendors, as well as entertainment.
Estimated costs for City services are $6,045.00 for staff overtime, $250.00 for signage
and $200.00 for trash boxes. Although this is the 11th Annual event, it is the first time it
is being held in Delray Beach and based on past interpretation of the Special Event
Policies and Procedures; it would be considered a first time event with no charge. The
event sponsor is also asking for the use of four (4) parking lots for reserved and paid
parking. The request to use the CRA lot needs to be made directly to the CRA. The Old
School Parking Garage may not be completed in time for this event and staff
recommends that this be added as a condition. Staff recommends approval of the event
and staff support as requested with the following conditions (charging the event sponsors
100% of the City costs) because this is a new event. Mr. Barcinski stated Nancy Stewart
has informed him that she objects to this and would like the percentage to be less. He
recommended if the Commission does not want to take staff's recommendation then to at
least recommend that we make it contingent upon the event policies and procedures that
would be in place on October 20, 2007.
Mr. Fetzer stated as he understood it the City's new event policy
(assuming we adopt that with the new budget) would go into affect in the new fiscal year
(2007/2008). He stated it would be more consistent to state that this is the event policy in
affect at the time. Mayor Ellis concurred with comments expressed by Commissioner
Fetzer.
Mrs. Montague asked if this is going to include condition #4. In response,
Mr. Barcinski stated Mr. Fetzer's recommendation would substitute condition #4.
Mr. McDuffie moved to approve of the Special Event Request for the
Annual Palm Beach County Firefighter and Paramedic Chili Cook-Off on October 20,
2007 from 11:00 a.m. until 11:00 p.m. subject to the staff conditions with condition #4
modified to read per the new event policy as of the date of the event and that the parking
lots will be made available as they are made available to the City, seconded by Mrs.
Montague. 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.
9.E. RESOLUTION NO. 42-07/30th ANNUAL ROOTS CULTURAL
FESTIVAL FAMILY DAY IN POMPEY PARK: Consider approval of Resolution
No. 42-07 supporting and endorsing the 30t Annual Roots Cultural Festival. This year's
events include the Academic Olympics being held on July 28, 2007 from 9:00 a.m. to
5:00 p.m. at Pompey Park, Family Fun Day on August 4, 2007 from 9:00 a.m. to 8:00
p.m. at Pompey Park, Parade on August 10, 2007 starting at 6:30 p.m., Prayer Breakfast
on August 11, 2007 from 7:00 a.m. to 10:00 a.m. at Pompey Park, the Festival being
held at Old School Square on August 10, 2007 from 6:45 p.m. to 11:00 p.m. and August
11, 2007, 11:00 a.m. to 11:00 p.m. and the Gospel Fest August 12, 2007 from noon until
8:00 p.m., and grant a temporary use permit per LDR Section 2.4.6(F) for the use of City
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facilities, rights-of--way and parking lots, and to authorize staff support for security,
traffic control, EMS assistance, barricading, banners on the event site and event signage
to be posted ten (10) days prior to the event, and cleanup and trash removal, waiver of
Pompey Park rental fees and Pompey Park staff overtime contingent upon sponsor
providing a hold harmless agreement, certificate of event liability insurance, and
certificate of alcohol liability insurance.
office.)
The caption of Resolution No. 42-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
SUPPORTING THE ROOTS CULTURAL FESTIVAL,
INC. 1N THEIIZ SPONSORSHIP OF THE THIRTIETH
ANNUAL "ROOTS CULTURAL FESTIVAL" IN THE
CITY OF DELRAY BEACH, FLORIDA.
(The official copy of Resolution No. 42-07 is on file in the City Clerk's
Robert A. Barcinski, Assistant City Manager, stated this is a request for
the Commission to approve Resolution No. 42-07 which supports and endorses the 30~'
Annual Roots Cultural Festival. This year's events include the Academic Olympics held
on July 28, 2007 from 9:00 a.m. to 5:00 p.m. at Pompey Park, Family Fun Day on August
4, 2007 from 9:00 a.m. to 8:00 p.m. at Pompey Park, a Parade on August 10, 2007
starting at 6:30 p.m., the Prayer Breakfast on August 11, 2007 from 7:00 a.m. to 10:00
a.m. at Pompey Park, the Festival at Old School Square on August 10, 2007 from 6:45
p.m. to 11:00 p.m. and August 11, 2007 from 11:00 a.m. to 11:00 p.m. and the Gospel
Fest on August 12, 2007 from noon until 8:00 p.m. Staff also requests approval to grant a
temporary use permit for the use of City rights-of--way and parking lots and authorize
staff support as requested. The Commission is also being asked to waive rental fees and
staff overtime costs for the Family Fun Day and other events at Pompey Park, to waive
large stage rental fees and overtime costs, to provide use of City Hall parking lot for paid
parking. The weekend festival will be gated with a charge of $5.00 per person and
alcoholic beverages and food will be served.
Mr. Barcinski stated with the current event policies and procedures would
be approximately $6,900.00 without waiving Parks Maintenance staff costs and this
would include the stage rental of $1,597.00. Staff recommends approval of Resolution
No. 42-07, approval of the temporary use permit, approval of banners on the event sites
and event signage (to be placed no more than 10 days prior to the event), staff support as
requested, use of the City Hall Parking lots by the event sponsor for paid parking, use of
other parking lots for reserved parking, use of the City generator, waiver of Pompey park
rental fees and Pompey Park staff overtime contingent on the receipt of the Hold
Harmless Agreement, Certificate of Event Liability Insurance, and the Certificate of
Alcohol Liability Insurance.
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Mrs. Montague moved to approve the event and Resolution No. 42-07
subject to staff's recommendation, seconded by Mr. McDuffie. Upon roll call the
Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -
Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote.
9.F. PROTEST TO DEBRIS CONTRACT AWARDSBAMACO. INC.:
Consider a request to allow Bamaco, Inc. the opportunity to present their objection to the
selection awards and provide direction regarding whether to add Bamaco, Inc. back to the
list of qualified contractors to receive an awarded contract.
The City Attorney stated the City received a protest from Bamaco, Inc.
Staff has determined that the protest is not timely; however, out of fairness the decision to
weed them out of the lineup of three came at the last minute. Therefore, the City
Attorney stated they will be given the opportunity to speak and staff is not necessarily
asking to disturb the award that has already been done. The Commission may decide to
add Bamaco, Inc. to the list if they so desire.
Steve Girk, Attorney, 6274 Linton Boulevard, Suite #100, Delray
Beach, representing Bamaco, Inc., stated Bamaco, Inc. was the low bidder and they
were one of the three recommended companies. Approximately three hours before the
Special Meeting on July 17, 2007, there was a message to one of Bamaco's employees
cell phone stating that information has been obtained that Mike and his brother David
(who has no connection with the company) had been indicted in prior dealings which is
false. Mr. Girk stated there were also litigations stemming from work done in Pine Bluff,
Arkansas. He stated David Mitchell, whose company David Mitchell Construction was
involved in the issue regarding whether FEMA payments were made or not, is not
connected with Bamaco, Inc.
Mr. Girk stated Bamaco, Inc. was the low bidder and they should be
inserted as a qualified contractor and in the first position as the prime contractor. He
asked the Commission to reconsider and advise them of what steps to take to make sure
this is addressed.
The City Attorney stated these contracts were not awarded in any
particular order.
Joseph Safford, Finance Director, clarified that this was a Request for
Proposal (RFP) not a bid. Staff gave all the prospective firms a quantity of cubic yardage
to extend their prices so that staff could see what their pricing was going to be. Mr.
Safford stated the qualifications of the firm, reputation of the firm, the history of the firm
and list of contracts was just as important as price. He stated none of the three firms are
recognized as one over the other and they are all prime contractors. Mr. Safford stated
FEMA wanted the City of Delray Beach to have at least two contractors. Dependent
upon the severity of the storm and the damage, the City can execute contracts with one,
two, or all three in any order. The City is under no obligation under the Selection
Committee of talking with any of their respondents. As a courtesy, when the City
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became aware of the questioned legal proceedings, staff made an attempt to contact
Bamaco, Inc. Mr. Safford stated Bamaco, Inc. had previously called and assigned a
certain person as the project manager and he called and left a message because the project
manager did not respond to the telephone call. He stated there were only a few hours
before the Commission meeting and he was conducting the research based upon the
allegation to see if there was anything to it because they were one of the awarded
respondents. Mr. Safford was directed to the City Attorney's office by the City of Pine
Bluff and the City Attorney advised him that there was a settlement agreement and as
part of the settlement agreement they could not say anything. Therefore, Mr. Safford
stated he does not know the particulars of the case. Mr. Safford stated as a member of the
Selection Committee he wanted to recommend to the Commission three reputable
contractors with clean records in order to handle the City's debris and who also had
excellent records with FEMA. Mr. Safford stated there were several other competent
firms and staff recommended that Bamaco, Inc. be disqualified and put in the next person
on the qualified list.
Mr. Safford stated being long-term contractors he is sure all of the firms
have some form of litigation in their past. Whether it is serious or not, the City has talked
with FEMA representatives and the FEMA State Representative on all of the contractors
to see if there was anything they had knowledge of. They did not have anything wrong
with Bamaco, Inc., D&J, or Storm Recreation Services (SRS) Inc., etc. and they are not
on any national black list. Mr. Safford stated staff had that one fact prior to the
Commission meeting and did not see a reason to bring Bamaco, Inc. forward if there
were other qualified vendors.
The City Attorney asked if there is any prohibition against having four for
the FEMA list. In response, Mr. Safford stated there is no prohibition at all against
having four. He stated if the Commission decides to add Bamaco, Inc. then there will be
four prime contractors and that the City can execute contracts with any of them or all of
them.
Mr. Fetzer asked if there is any downside to adding a 4th contractor now.
In response, Mr. Safford stated there is not any downside; however, when there is a storm
and there is damage all contracts are reviewed by FEMA and he feels FEMA would want
the City of Delray Beach to justify why the City did not go with the lowest priced firm.
Mrs. Montague wants to ensure that Bamaco, Inc. understands under what
circumstances they will be contracted out and that they understand they are not number
one in the choices and that there is no ranking order. Mrs. Montague stated it is her
understanding that it is the City's discretion as to who is selected and under what
circumstances the contract is written and the company is utilized at their time. Mr. Girk
stated he understands that it is the City's choice and there is no ranking. Mr. McDuffie
asked that this be explicitly spelled out in the contract.
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Mr. Fetzer moved to add Bamaco, Inc. as an additional 4~' contractor for
debris removal, seconded by Mr. McDuffie. Upon roll call the Commission voted as
follows: Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -
Yes. Said motion passed with a 4 to 0 vote.
9.G. CLAIM OF ROY MICHAEL MERCADO AGAINST THE CITY OF
DELRAY BEACH: Consider a Settlement Offer in the Claim of Roy Michael Mercado
against the City of Delray Beach. Staff recommendation is settlement.
At this point, Mr. Fetzer stepped away from the dais.
The City Attorney stated this is the claim for Mr. Mercado against the City
of Delray Beach regarding a car that was transported to Beck's Towing. The owner was
not notified by the Delray Beach Police Department and the truck was sold by Beck's.
The settlement amount is $16,000.00 and staff recommends approval.
Mrs. Montague moved to approve the Settlement Offer of $16,000.00 in
the Claim of Roy Michael Mercado against the City of Delray Beach, seconded by Mr.
McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs.
Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 3 to 0 vote.
9.H. SETTLEMENT OFFER IN KRISTOPHER BAYNE v. CITY OF
DELRAY BEACH: Consider a Settlement Offer in the total amount of $19,900.00 in
Kristopher Bayne v. City of Delray Beach. Staff recommendation is acceptance.
The City Attorney stated this is the case of Kristopher Bayne due to an
injury he received where a roadway allegedly had a grading issue. The medical expenses,
to date, are $41,288.28 and the settlement amount is $19,900.00. Staff recommends
approval of the settlement offer.
Mrs. Montague moved to approve the settlement offer in the amount of
$19,900.00 in Kristopher Bayne v. City of Delray Beach, seconded by Mr. McDuffie.
Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -
Yes; Mr. McDuffie -Yes. Said motion passed with a 3 to 0 vote.
At this point, the time being 9:09 p.m., the Commission moved to Item
9.L. and Commissioner Fetzer returned to the dais.
9.L. PROPOSED MILEAGE RATE: Consider approval of a proposed
millage rate for FY 2008, and set the budget review and adoption schedule.
The City Manager stated staff has outlined a variety of options for setting
the millage and Commission has also received an email that shows the revenue that
would be generated by various reductions below the roll back rate in 1 % increments. He
suggested that the Commission consider setting the millage at the roll back rate and then
staff can work to reduce it below that. The City Manager stated another approach is to
wait until next week to set a proposed millage and in that length of time staff could
provide the Commission with a recommended budget to get it as much below the roll
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back rate as possible. He stated he indicated previously that he is concerned about the
9% cut; not only is the City eliminating positions, but they are not putting the money into
maintenance of the facilities which is really needed. As discussed with the capital
budget, approximately $1.2 million is being cut.
The City Manager asked the Commission for direction and stated a
proposed millage needs to be set so that property owner's notices can be generated by the
Property Appraiser's office and sent out. The City Manager stated if the Commission
chooses to not vote on the proposed millage rate at this time, a Special Meeting would
have to be set up no later than July 31, 2007 to address the adoption of a proposed
millage rate. The City Manager would like to generate a proposed budget and also
discuss ways of generating additional revenue and cost cutting measures. He would like
to provide this to the Commission no later than Friday, July 27, 2007.
Mr. Fetzer concurs with the City Manager and would be in favor of
holding a Special Meeting and commented that hopefully we will have a full
Commission.
Mayor Ellis concurred with Mr. Fetzer and stated the Commission is a
team and a missing member creates a gap in their ability to operate as that team. She
feels the City of Delray Beach is getting penalized (9%) for doing the right thing by
paying and reinvesting in the community. Mayor Ellis stated this is already in litigation
whether or not this is constitutional and agrees that the Commission needs as much
information as possible to review. She stated the City of Delray Beach is an exemplary
city that is the envy of the state and encouraged everyone to have as much information as
they can to weigh every issue (i.e. maintenance of the City buildings and the parks).
Mayor Ellis stated the way this was put on really made the successful cities end up
having to pay the most. She believes we have to do the best we can to reduce the taxes
for the citizens of Delray Beach and weigh the consequences of how much it will cost
next year and the year after that. She supports adding another Special Meeting and that
we should do whatever it takes.
Mrs. Montague concurred with comments expressed by Mayor Ellis and
Mr. Fetzer that the citizens of Delray Beach do require some sort of tax break and what
also protects the quality of life that everyone has worked so hard to maintain. She stated
the City Manager has a pretty good idea of what specific projects the City is trying to
retain. Mrs. Montague stated the City wants to give tax breaks but at the same time
continue to move our city forward. Mrs. Montague stated the 9% penalty is coming from
the fact that the City of Delray Beach has had so much success and because we are a
national model. She noted that the State mandate for the City of Boca Raton and the City
of Boynton Beach is less of a percentage compared to the City of Delray Beach. Mrs.
Montague stated she would like the City Manager to come back with one number and be
able to discuss that number. Also, out of respect for Commissioner Eliopoulos who is
absent this evening and who had some great concerns, Mrs. Montague asked the City
Manager to take what each Commissioner has inquired about and come up with
recommendations. Mrs. Montague also asked the City Manager to look at the IT building
and the City Hall renovation and see if and or how that can work into the overall budget.
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Mr. McDuffie stated the Commission received many compliments this
evening about how hard everyone has worked and how much diligence staff has
exercised to reduce the capital projects, etc. He stated that is the measure of the All-
America City that we get together and use innovation and find ways to get the job done.
Mr. McDuffie supports holding a Special Meeting to discuss the proposed millage rate
and see what else staff can find but he believes it sends the wrong message to the
taxpayers if we thumb our nose at the Legislature and the Governor and vote to eliminate
some of this roll back. Mr. Fetzer concurred with Mr. McDuffie and he too expressed
concerns.
It was the consensus of the Commission to give direction to the City
Manager to hold a Special Meeting on Tuesday, July 31, 2007 at 6:00 p.m. in the
Commission Chambers for the adoption of the proposed millage rate.
At this point, the time being 9:20 p.m., the Commission moved back to
Item 9.I. of the Regular Agenda.
9_I. FEDERAL LOBBYING CONTRACTS/ALCALDE AND
FAY/ARTEMIS STRATEGIES: Provide direction regarding whether to send a notice
of cancellation to Alcalde and Fay and Artemis Strategies for federal lobbying services.
Doug Smith, Assistant City Manager, stated the City Commission
approved contracts for two federal lobbying firms that the City of Delray Beach
contracted with earlier this year. The City Commission decided to review the contracts in
six months to determine how to proceed. The two firms selected on February 20, 2007
were Alcalde and Faye and Artemis Strategies. Both of the firms contracts require that
they are given a thirty day notice before a contract would be cancelled. Mr. Smith stated
when the City selected the firms staff assigned certain projects to one firm and certain
projects to the other firm. Alcalde and Fay took the Old School Square, Beach
Renourishment (the park, etc.) and Traffic Calming projects and Artemis Strategies with
the South Central Wastewater Plant Expansion and mobile command vehicle for police,
fire and other uses. In addition, Mr. Smith stated there is additional support on one of the
projects and it is through a membership that the City of Delray Beach has with the
Florida Shore and Beach Preservation Association which is a group of coastal
communities dedicated to preserving beaches here in Florida. He stated through a portion
of their organization, Beach Watch, we have support at both the federal and the state
level for those beach projects only.
Mr. Fetzer moved to approve to give a thirty (30) day cancellation notice
from tomorrow's date of July 25, 2007 to Alcalde and Fay and Artemis Strategies for
lobbying services, seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -
Yes. Said motion passed with a 4 to 0 vote.
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9_J. SEACREST SOCCER COMPLEX PRECONSTRUCTION
SERVICES PROPOSAL/THE WEITZ COMPANY: Consider a request to approve
and authorize the preconstruction services for the Seacrest Soccer Complex (formerly
called Atlantic Soccer Complex) proposal and related agreement associated with the
Construction Management at Risk Service contract. The scope of services is listed in
Article 2.1 of the agreement and the total fee for this phase is $25,012.00. This
represents approximately 0.75% of the current estimated project construction cost of
$3,300,000. Funding is available from 380-4150-572-63.49 (2004 G.O. Bond/Soccer
Complex).
Richard Hasko, Director of Environmental Services, stated Item 9.J. and
Item 9.K. were postponed from the last regular meeting. The City Commission wanted
to get a better picture of what the capital programs are going to be like. Mr. Hasko stated
Item 9.J. is the preconstruction services proposal for the Weitz Company for the Seacrest
Soccer Complex in the amount of $25,012.00. Mr. Hasko stated there is a typographical
error to the project construction cost and noted the $3,300,000.00 should read
$2,700,000.00.
The City Attorney stated staff has made some modifications to the
contract that will apply to both Items 9.J. and 9.K. This is to make sure if the
Commission decides they want to enter into the contract, that after or during
preconstruction if staff feels they do not want to go further, then the Commission has a
way to get out of the contract without incurring extraordinary expenses.
Mr. McDuffie moved to approve the preconstruction services for the
Seacrest Soccer Complex (formerly called Atlantic Soccer Complex) proposal and related
agreement associated with the Construction Management at Risk Service contract as
amended, seconded by Mr. Fetzer. 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.K. MILLER PARK PRECONSTRUCTION SERVICES
PROPOSAL/THE WEITZ COMPANY: Consider a request to approve and authorize
the preconstruction services for the Miller Park proposal and related agreement
associated with the Construction Management at Risk Service contract. The scope of
services is listed in Article 2.1 of the agreement and the total fee for this phase is
$30,345.00. This represents approximately 0.05% of the current estimated project
construction cost of $5,700,000. Funding is available from 380-4150-572-63.32 (2004
G.O. Bond/Neighborhood Parks).
Mr. McDuffie moved to approve the Miller Park preconstruction services
for Miller Park proposal and related agreement associated with the Construction
Management at Risk Service contract as amended, seconded by Mrs. Montague. 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.
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9.M. DISCUSSION/VIDEO STREAMING: Discussion regarding
Commission Meeting Video Streaming and public comments.
The City Manager stated as he previously stated to the Commission via
email, staff thought they were following the majority opinion of the Commission by not
including public comments. The City Manager suggested that the City can video stream
live if the Commission wished to do so.
Mr. Fetzer stated he is disappointed over the negative publicity that the
City of Delray Beach has received over this issue. Mr. Fetzer stated he was in the
planning sessions where this was discussed and in his opinion, he never wanted anything
edited out of the video streaming.
Prior to the vote, brief discussion followed between the City Manager and
Commissioner Montague.
Mr. Fetzer moved to not edit public comments out of the video streaming
and broadcast live, seconded by Mr. McDuffie. Upon roll call the Commission voted as
follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -
Yes. Said motion passed with a 4 to 0 vote.
9.N. APPOINTMENTS TO THE EDUCATION BOARD: Appoint six (6)
regular members to the Education Board for two (2) year terms ending July 31, 2009.
Based upon the rotation system, the appointments will be made by Commissioner
Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2), Commissioner McDuffie (Seat #3),
Commissioner Montague (Seat #4), Mayor Ellis (Seat #5) and Commissioner Eliopoulos
(Seat #1).
Due to the absence of Mr. Eliopoulos, his appointments have been
deferred to the next regular meeting of August 7, 2007.
Mr. Fetzer moved to reappoint Perry Stokes as a regular member to the
Education Board for a two year term ending July 31, 2009, seconded by Mr. McDuffie.
Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Fetzer -Yes;
Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote.
Mr. McDuffie moved to reappoint Marlo Belkin as a regular member to
the Education Board for a two year term ending July 31, 2009, seconded by Mr. Fetzer.
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.
Mrs. Montague moved to reappoint Catherine DeMatto as a regular
member to the Education Board for a two year term ending July 31, 2009, seconded by
Mr. McDuffie. 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.
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Mayor Ellis stated she wished to reappoint Sandra Tobias. Mrs. Montague
so moved, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows:
Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said
motion passed with a 4 to 0 vote.
9.0. APPOINTMENTS TO THE PUBLIC ART ADVISORY BOARD:
Appoint four (4) regular members to the Public Art Advisory Board to serve two (2) year
terms ending August 2, 2009. Based upon the rotation system, the appointments will be
made by Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2),
Commissioner McDuffie (Seat #3), and Commissioner Montague (Seat #4).
Due to the absence of Commissioner Eliopoulos, his appointment has been
deferred to the next regular meeting of August 7, 2007.
Mr. Fetzer moved to reappoint Kevin Rouse to the Public Art Advisory
Board as a regular member for a two year term ending August 2, 2009, seconded by Mr.
McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr.
Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 4
to 0 vote.
Mr. McDuffie moved to reappoint Carolyn Pendelton-Parker to the Public
Art Advisory Board as a regular member to the Public Art Advisory Board for a two year
term ending August 2, 2009, seconded by Mr. Fetzer. 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.
Mrs. Montage stated she would like to defer her appointment to the next
regular meeting of August 7, 2007.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City ManaEer
The City Manager stated he had a good week in West Virginia last week
and spent the week re-roofing a house for a retired coal miner with black lung disease.
He stated it was hard physical work but very rewarding.
Secondly, he stated the City is now in the midst of a trial with eCivis
which is a grant finding source. Both Langton Associates and Artemis send the City
grant material but you have to search through it to find something that applies to the City
and most of it does not. eCivis has developed ways of finding grants that you are
interested in and they will send it to you and will assist in grant preparation and the cost
is approximately $19,000.00 per year. The City Manager stated the City of Boynton
Beach is currently using this and eCivis has a successful track record with other cities.
The City Manager stated staff is very interested in this and expects to bring an agreement
to the Commission in the near future.
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07/24/07
13.B. City Attorney
The City Attorney stated the Court denied the rehearing request of the
County in the City's dispatch case. She stated staff will keep the Commission informed
about whether we have an appeal or not.
13.C. City Commission
13.C.1. Mayor Ellis
Mayor Ellis stated the City of Delray Beach has had a lot of negative
publicity and the way a lot of the things have come about has been very disappointing
and hurtful to many people. Mayor Ellis stated when the Commission met at the Goal
Setting Session shortly after the newest Commissioners took office, the Commission
talked about a team effort and she urged the Commission to recommit to that team effort.
She feels it is unprecedented that we have had previous Commissioners still trying to
make decisions for a new sitting Commission. Mayor Ellis stated she appreciates the
support of the Commission and noted that this is a great Commission that deserves better.
13.C.2. Mr. McDuffie
Mr. McDuffie stated he acts as the liaison of the Metropolitan Planning
Organization (MPO) and stated at the last meeting there was a proposed extension of
University Drive and Riverside Drive and prior to that Coral Ridge Drive across Broward
County into Palm Beach County and continuing north at one point dumping into Atlantic
Avenue and then to the turnpike. He stated that proposal was since backed off of and the
one that came to a vote this past week was extending them both to dump into the
backside of the area where Glades Road and Palmetto Park Road join together where
Logger's Run and the schools are located. It was a unanimous vote to remove that from
the County's Comprehensive Plan (deny the extension of University Drive and Riverside
Drive into Palm Beach County). The Palm Beach Metropolitan Planning Organization
(MPO) had requested in-lieu of that the Broward MPO consider expanding State Road 7
which runs into Palm Beach County into eight lanes in the northern end of Broward
County and that Palm Beach would correspondingly expand us to eight lanes in the south
end of Palm Beach County. The Broward County MPO has yet to reply on that.
Secondly, he stated Palm Beach County is forecasting drops in the Impact
Fees.
Lastly, Mr. McDuffie stated he will be going on vacation- on July 27,
2007, however, he will stay in town through July 31, 2007 for the Special Meeting. Mr.
McDuffie stated after the Special Meeting he will be out of town on vacation and will
return on Sunday, August 12, 2007.
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07/24/07
13.C.3. Mrs. Montague
Mrs. Montague asked the City Manager to find out the status of the Hunt
House.
Secondly, Mrs. Montague stated she and Mayor Ellis went to the
Hurricane House which is a model of a hurricane resistant home located in Deerfield
Beach and information will be forwarded to the City Manager as well as to Paul Dorling,
Planning Director. She suggested that this be presented to the CLT staff and Board. Mrs.
Montague stated this is to help home buyers and property owners in general to better
prepare for upcoming storms.
Lastly, Mrs. Montague stated she fully supports Mayor Ellis.
13.C.4. Mr. Fetzer
Mr. Fetzer stated Juanita Bryant Goode of the Caring Kitchen invited him
to tour the facility and was very impressed with what they do. He distributed a brochure
from the Caring Kitchen and stated it is supported by 40 different church and civic
organizations. Mr. Fetzer stated Ms. Goode wanted him to extend an invitation to the
Commission.
Mayor Ellis stated not only is the Caring Kitchen a great organization but
Juanita Bryant is one of the jewels in our community. She is an extraordinary person and
an amazing woman. She too encouraged the Commission to go as well if they have not
been.
There being no further business, Mayor Ellis declared the meeting
adjourned at 10:00 p.m.
1~p,~
City Clerk
ATTE
i~
• Q..
MAYOR
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07/24/07
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on July 24, 2007, which Minutes were formally approved and adopted by the City
Commission on August 7, 2007
~W~r~
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
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07/24/07
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 THE BOY'S FARMERS MARKET
1. This waiver request came before the City Commission on July 24, 2007.
2. The City staff, applicant, and other persons have presented documentary
evidence and testimony to the City Commission pertaining to the waiver request of the
Boy's Farmers Market. All of the evidence is part of the record in this case.
3. Waivers: Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver,
the approving body shall make a finding that the granting of the waiver:
(a) shall not adversely affect the neighboring area;
(b) shall not significantly diminish the provision of public facilities;
(c) shall not create an unsafe situation; and
(d) does not result in the grant of a special privilege in that the same
waiver would be granted under similar circumstances on other
property for another applicant or owner.
4. Wall Height: Pursuant to LDR Section 4.6.5(C), walls located in a
required rear yard shall not exceed eight feet (8') in height. The proposed wall is ten
feet (10') high and located in the required rear yard along the east side of the property.
Should the waiver be granted for the wall height?
Yes 4 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
competent witnesses which supports the findings set forth in this Order.
~{em q.A
7. Based on the entire record before it, the City Commission approves X
denies the waiver requests and hereby adopts this Order this day of July,
2007, by a vote of 4 in favor and 0 ppos
r
i
Rita ~ lis, Mayor
ATTEST:-
~~ .
Chevelle Nubin
City Clerk
2