08-07-07 Minutes RegAUGUST 7, 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 6:03 p.m., Tuesday, August 7, 2007.
1. Roll call showed:
Present - Commissioner Gary Eliopoulos
Commissioner Fred Fetzer
Commissioner Brenda Montague
Mayor Rita Ellis
Absent - Commissioner Woodie McDuffie
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 Sharon Austin with Cason
United Methodist Church.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mayor Ellis noted the addition of Item 9.H., Nominations for the
Florida Cities of Excellence Awards Program to the Regular Agenda by addendum.
Mayor Ellis stated Item 10.A., Text Amendment 10.A.1(e) has been
withdrawn. There is also additional information for Item 9.E., Special Event
Reguest/Community Revival and Back to School Event.
Mr. Eliopoulos requested that Item 8.N.1., Purchase Award/Orkin Pest
Control of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.
Mr. Fetzer moved to approve the Agenda as amended, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mrs.
Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4
to 0 vote.
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5.
APPROVAL OF MINUTES:
Mrs. Montague moved to approve the Minutes of the Regular Meeting of
July 24, 2007, seconded by Mr. Eliopoulos. .Upon roll call the Commission voted as
follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -
Yes. Said motion passed with a 4 to 0 vote.
Mr. Eliopoulos moved to approve the Minutes of the Special Meeting of
July 31, 2007, seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague -
Yes. Said motion passed with a 4 to 0 vote.
6. PROCLAMATIONS:
6.A. NONE
7. PRESENTATIONS:
7.A. NONE
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve
and ratify the action of the South Central Regional Wastewater Treatment and Disposal
Board at their Quarterly Annual Meeting of July 19, 2007.
8.B. CHANGE ORDER NO. 3BLOCK 64 DRAINAGE AND WATER
MAIN IMPROVEMENT PROJECT/CHAZ EQUIPMENT COMPANY, INC.:
Approve Change Order No. 3 in the amount $20,000.00 to Chaz Equipment Company,
Inc. for the connection of eight (8) properties to an 8" water main on Swinton Avenue for
the Block 64 Drainage and Water Main Improvements Project. Funding is available from
442-5178-536-65.33 (Water/Sewer Renewal & Replacement FundBlock 64
Improvements).
8.C. CONTRACT CLOSEOUT (C.O. NO. 6/FINAL)/DURACLEAN, INC:
Approve a Contract Closeout (C.O. No. 6/Final) in the amount of $46,815.98 and final
payment in the amount of $49,825.98 to Duraclean, Inc. for the completion of the water
damage remediation at Fire Stations No. 1, 2, 3 and 5. Funding is available from 001-
2311-522-46.10 (Fire Department/General Fund/Building Maintenance).
8.D. CONTRACT CLOSEOUT (C.O. NO. 2/FINAL)/NEEDHAM
ROOFING, INC.: Approve a Contract Closeout (C.O. No. 2/Final) in the amount of a
$19,452.00 decrease and final payment in the amount of $28,506.00 to Needham
Roofing, Inc. for completion of the Pompey Park Center Re-Roofing Project. Funding is
available from 334-4172-572-46.10 (General Construction FundBuilding Maintenance).
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8.E. CONTRACT REVISION AND RENEWAL/CONSULTING
AGREEMENT/URBAN DESIGN STUDIO, LLC: Approve the renewal of a revised
consulting agreement with Urban Design Studio, LLC for Beach Overlay District review
services. The review fee will increase from $750.00 to $850.00 and the contract period is
from August 10, 2007 through August 9, 2008.
8.F. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY (CRA)/135 NW 5 AVENUE: Approve an Interlocal Agreement between
the City and the Community Redevelopment Agency (CRA) for the management and
funding of the construction/rehabilitation of 135 NW 5th Avenue by the City.
8.G. AMENDMENT/SUB-RECIPIENT HOUSING PARTNERSHIP
AGREEMENT/DELRAY BEACH COMMUNITY LAND TRUST, INC.: Approve
an amendment to the Sub-Recipient Housing Partnership Agreement between the City
and the Delray Beach Community Land Trust, Inc. for the purposes of subsidizing the
costs associated with affordable housing units within the Community Land Trust.
S.H. FLORIDA RECREATION DEVELOPMENT ASSISTANCE
PROGRAM (FRDAP) GRANTS FY 2008/DELRAY BEACH FAMILY
RECREATION AND FITNESS CENTER/MILLER PARK: Approve a request to
apply for grants from the Florida Recreation Development Assistance Program (FRDAP)
in the amount of $90,000 for the Delray Beach Family Recreation and Fitness Center for
playground equipment, fencing, walkways and drinking fountains, etc., and in the amount
of $200,000 for renovations to Miller Park.
8_I. RESOLUTION NO. 45-07: Approve Resolution No. 45-07 naming the
Western/Senior Community Center the "Delray Beach Family Recreation and Fitness
Center".
The caption of Resolution No. 45-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
NAMING THE WESTERN/SENIOR COMMUNITY
CENTER THE "DELRAY BEACH FAMILY
RECREATION AND FITNESS CENTER".
(The official copy of Resolution No. 45-07 is on file at the City Clerk's
office.)
8_J. ADDITIONAL _AUDIT FEES/CALER, DONTEN, LEVINE,
DRUKER, PORTER & VEIL, P.A.: Approve the payment of additional Audit Fees for
FY 2006 in the amount of $35,906.00 to Caler, Donten, Levine, Druker, Porter & Veil,
P.A. for additional audit services. Funding is available from multiple accounts.
8.K. AMENDMENT NO. 1 TO INTERLOCAL AGREEMENT/PALM
BEACH WORKFORCE DEVELOPMENT CONSORTIUM: Approve Amendment
No. 1 to the Interlocal Agreement creating the Palm Beach County Workforce
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Development Consortium.
8.L. CONTRACT ADDITION (C.O. NO. 4/BLOCK 64 ALLEY
IMPROVEMENT PROJECT/CHAZ EQUIPMENT COMPANY, INC.: Approve a
Contract Addition {C.O. No. 4) in the amount of $77,525.00 to Chaz Equipment
Company for the emergency sewer main repairs on SW 7`h Avenue related to the Block
64 Alley Improvement Project. Funding is available from 442-5178-536.46.90
(Water/Sewer Renewal and Replacement Fund/Other Repair/Maintenance Costs).
8.M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period from July 23, 2007 through August 3, 2007.
8.N. AWARD OF BIDS AND CONTRACTS:
1. THIS ITEM HAS BEEN MOVED TO THE REGULAR
AGENDA AS ITEM 9.A.A.
2. Purchase award to CDW-Government in the amount of $29,995.00
for seven (7) replacement laptops for the Delray Beach Police
Department. Funding is available from 334-2111-521-64.11
(General Construction Fund/Computer Equipment).
Mrs. Montague moved to approve the Consent Agenda as amended,
seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr.
Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said
motion passed with a 4 to 0 vote.
9. REGULAR AGENDA:
9.A.A. PURCHASE AWARD/ORKIN PEST CONTROL: Purchase award to
Orkin Pest Control in the amount of $19,975.00 for a tent fumigation of City Hall for the
eradication of termite infestation. Funding is available from 001-1802-512-34.20
(General Fund/Pest Control Services).
Richard Hasko, Director of Environmental Services, stated staff
discovered some dry wood termite infestation. He stated initially in the City Manager's
office and conference room and staff called in to have some investigation done and it was
reported back that the termites were scattered all over the building. Mr. Hasko stated the
recommendation was to tent the building to get rid of them. The three quotes were
obtained (Orkin Pest Control, Terminix, and Nozzle Nolen, Inc.). The lowest quote was
from Orkin for $19,975.00.
Mr. Eliopoulos stated the reason he requested that this item be removed
from the Consent Agenda to the Regular Agenda for discussion is because in early 2000
he had some issues with Orkin Pest Control but his main concern is with the contracts.
He stated the contracts are not enforceable and they contain so many clauses that there is
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no way the City will be able to go back to them and get anything for it. Mr. Eliopoulos
stated with drywood termites this happens over a long period of time and discussed with
the City Manager and Mr. Hasko that there are options where they can do spot
treatments. Mr. Eliopoulos is proposing to do a thorough treatment whereas they will
chemically treat all the wood in the building (i.e. structure). He stated this makes it
become preventative and noted when a building is tented all this is doing is killing the
live infestation at that moment and nothing preventative is being done.
Mr. Eliopoulos suggested that this item be tabled so that some of the
contracts can be reviewed to see how the City can be protected and maybe see some other
considerations. He stated he is confident that with drywood termites City Hall will not
have any structural damage. Mr. Eliopoulos reiterated that he would like to table this
item so that the City Attorney can do further research on the background of Orkin Pest
Control.
Mrs. Montague suggested as the City Attorney is researching preventative
maintenance versus killing everything now to also look at Orkin's warranty information.
Mr. Fetzer moved to table, seconded by Mrs. Montague. Upon roll call
the Commission voted as follows: Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis
- Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote.
9.A. PUBLIC COMMENTS/FY 2008 PROPOSED BUDGET: The City
Commission will hear public comments, if any, regarding the FY 2008 Proposed Budget
at this time.
Mayor Ellis declared the public hearing open.
Carole Cohen, 920 N.W. 23rd Lane, Delrav Beach, urged the
Commission to not cut funding to the Delray Beach Library. She stated they moved from
Fairfield County, Connecticut where they have a gorgeous library. However, Mrs. Cohen
stated the library in Fairfield cannot compare to the City of Delray Beach Public Library.
There being no one else from the public who wished to address the
Commission regarding the 2008 Proposed Budget, the public hearing was closed.
9.B. WAIVER REQUEST TO ALLOW A TEMPORARY MODULAR
BUILDING/DELRAY MAZDA: Consider a waiver request to allow the installation of
a 653 square foot temporary modular building for the Delray Mazda Automotive
Dealership located at the southeast corner of South Federal Highway and Tropic
Boulevard (2001 South Federal Highway). (Quasi-Judicial Hearing)
Mayor Ellis read into the record the City of Delray Beach procedures for a
Quasi-Judicial Hearing for this item.
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Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Ellis asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2007-258 into the record.
Mr. Dorling stated this petition is to allow for the installation of a 653
square foot temporary modular building for the Delray Mazda automotive dealership as a
customer service waiting area during the reconstruction of the showroom/office building
that was gutted during hurricane Wilma. The required findings to this are outlined in
LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body must make a
finding that granting 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 for another
applicant or owner. Mr. Dorling stated in the applicant's request they did not indicate the
anticipated length of time. Therefore, staff has attached the condition of approval: (1)
the temporary use permit shall not be effective until the issuance of a permit for the
permanent improvements (i.e. construction of the showroom), (2) that the Temporary Use
Permit be valid for no more than two years from the date of issuance, (3) that the modular
building be removed from the property and the area restored to a parking area pursuant to
the site plan of record concurrent with the issuance of a Certificate of Occupancy for the
showroom/offices. Staff recommends approval.
Jessica Serota, 975 Cypress Drive, Delray Beach, works for Van Dale
Custom Homes & Pools Corporation (building the Mazda dealership), stated they
need the trailers so they can house people for service because when they drop their cars
off they will get the valet service and will be able to walk right into the trailer which is
right next to the service area.
There was no cross-examination or rebuttal.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Eliopoulos moved to adopt the Board Order as presented, seconded by
Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes;
Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4
to 0 vote.
9.C. DELRAY BEACH MARINA RATES: Consider approval of a proposed
rate increase to $.60 per foot per day for non-lived aboard and $.70 per foot per day for
live-aboard; increase of late fee from $25.00 to $50.00 and removal of the option of
paying the minimum when boat is not in slip.
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Joe Weldon, Director of Parks and Recreation, stated at the July 17, 2007
Workshop meeting he made a presentation concerning the raising of the Marina Rates to
increase from $.60 per foot per day for non-live-aboards and $.70 per foot per day for
live-aboards; and to increase the late fee from $25.00 to $50.00 and removal of the option
of paying the minimum when the boat is not in the slip. Mr. Weldon stated staff is also
following up on Mayor Ellis' request to see what it would cost to do the infrastructures
for the direct metering of electric and water.
Mrs. Montague asked if there are any other amenities that might be
considered that we do not provide that maybe some of the other marinas provide. In
response, Mr. Weldon stated when staff performed the survey they cross-referenced what
amenities they provide and the City of Delray Beach is pretty much in line with other
marinas. He stated fuel was one issue and noted there was a request from one of the
residents to see if we can allow boats in there to re-fuel the boats in the slip because it is a
lot cheaper. Mr. Weldon stated staff can look into this; however, even though it is diesel
fuel it is a big safety concern for the City of Delray Beach and there is a possibility of an
accident. Mrs. Ellis asked if the diesel fuel comes in by truck or boat. In response, Mr.
Weldon stated the diesel fuel comes in by truck.
Mrs. Montague inquired about the City's maintenance of the marina. Mr.
Weldon stated in his opinion the City's maintenance is excellent.
Mayor Ellis stated she heard from a couple of people who feel living in the
marina is the best thing that could possibly happen to them and their only comment was
about the pump out. She stated frequently people do not know how to use it so they said
there were problems with the pump out not working. Mayor Ellis stated she was
informed that if this happens during the week it is fixed right away but on the weekends it
is not. Mayor Ellis stated they did comment that most marinas now have pump out at the
slip for each boat as opposed to one main pump out. Mr. Weldon stated staff can look
into this when they review some of the other costs. Mr. Weldon stated with regard to the
pump out because quarters are put into it some people try to break into it.
The City Manager stated staff has received some requests that since the
majority of the marina residents are out-of--town during the summer and asked that this be
deferred until they return. He stated since this is not a General Fund item if the
Commission wishes to defer it until November or December it will not create any
financial problem and this would give the residents an opportunity to be heard on this
issue. Mrs. Montague asked when the residents are usually back. Mr. Weldon stated
usually the City starts their license agreements in October so this could cause a few
problems. Mr. Weldon made reference to the survey and stated in his opinion the marina
are rates are in line and if anything are still at the low end of what other marinas charge.
Mayor Ellis stated one of the people she heard from called around and said
even with the City's increase she could not find anything any cheaper. She stated with
the 300 people on the City's waiting list who want a slip at this marina tells the City that
we have a great marina. However, Mayor Ellis stated she understands that they would
not want a rate increase. Mayor Ellis stated people have every opportunity to call or
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email the Commission. She noted there are 24 slips and 11 who are actually living on
board and recommends that the City move forward with taking care of this action.
Mrs. Montague stated she supports the increase taking effect October 1,
2007 but also with a timely response on the request regarding the amenities with some of
the improvements. Mr. Weldon stated he will be meeting with the City Manager next
week about this.
Mr. Fetzer asked what kind of notification has been given to the existing
marina residents about this. The City Attorney stated they have licenses that expire.
Brief discussion between Mr. Weldon and the Commission continued.
Mr. Eliopoulos moved to approve the Delray Beach Marina rate increase,
late fee and removal of the option of paying the minimum when boat is not in slip,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor
Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague -Yes. Said motion
passed with a 4 to 0 vote.
9.D. PROPOSAL FOR eCivis GRANT NETWORK SERVICES: Consider
approval and authorize the Mayor to execute an agreement in the amount of $29,000 with
eCivis for their Grant Network Services.
Doug Smith, Assistant City Manager, stated eCivis is a company that
offers a grant search tool that is web based. Staff had the opportunity to try it out and
some of the key advantages of the system are that the system allows for searches to be
established for specific types of grants, they maintain a library of previously funded
applications for at least some of their items in their system, and one of the most beneficial
things is their search tool which allows you to search as like with any other search engine
within their grants database with key words and categories, etc. Mr. Smith stated the nice
feature is once a customized grant is set up for example funding for a street project, once
the search criteria is set up you can have the system send you an email alert any time a
new grant comes out that may fall within that criteria. Mr. Smith stated you also get
email alerts on new grants in general. He stated there are also grants from Foundations
which are ones the City may not typically hear about and these might provide some good
potential funding sources. If the City of Delray Beach elected to pay an additional fee,
the City could offer this up to 25 users with some of the non-profit groups in the
community and this might be a way to help obtain some funding for the programs they
have going on.
Mrs. Montague moved to approve and authorize the Mayor to execute a
one-year agreement with eCivis for Grant Network Services in the amount of $29,000.00,
seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr.
Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said
motion passed with a 4 to 0 vote.
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9.E. SPECIAL EVENT REQUEST/COMMUNITY REVIVAL AND
BACK TO SCHOOL EVENT: Consider approval of a special event request for a new
event, the "Community Revival and Back to School Event" sponsored by One Love-One
Community Foundation, Inc. proposed to be held on August 17 - 19, 2007; from 8:00
p.m. to midnight on August 17, 2007, from 11:00 a.m. to 6:00 p.m. on August 18, 2007
and August 19, 2007; and authorize staff support for security, signage, EMS assistance,
site clean up and trash removal, use of the new large stage, waiver of stage rental fees and
trash box costs, the City to contribute funds in the amount of $1,700.00 and provide the
insurance for the event, contingent upon sponsor providing a hold harmless agreement,
certificate of liability insurance one (1) week prior to the event and contingent upon the
conditions listed in the staff report.
Robert A. Barcinski, Assistant City Manager, stated the Commission is
requested to approve a special event request sponsored by One Love-One Community
Foundation, Inc. to hold a "Community Revival and Back to School Event" at Pompey
Park on August 17-19, 2007 from 8:00 p.m. to midnight on Friday, August 17th from
11:00 a.m. to 6:00 p.m. on Saturday and Sunday, August 18th and 19th, to provide staff
support for security, EMS assistance, clean up including trash boxes and liners at no cost
and use of the new large stage waiving rental fees. In addition, the request includes a
$1,700.00 cash contribution to help defray costs for some of the kid games and they
would like the City to assume the insurance for the event. Mr. Barcinski stated the
submittal time for a special event is sixty (60) days and this one was submitted thirty (30)
days prior to the event. In the past, the City has been lenient on the timeframes especially
for new events.
The estimated overtime costs for this event are $5,000.00, event signage
$250.00, trash boxes $120.00, and new stage rental cost of $1,597.00. Based on current
Event Policies and Procedures there would be no charge for staff overtime and after the
Fire-Rescue Department reviewed this they do not feel they need to be there and they are
not recommending on-site EMS service.
The event sponsor has also requested a $1,700.00 cash contribution, as
well as the City assuming the event liability. The estimate for event liability insurance is
about $1,000.00.
Staff recommends consideration of the special event request and staff
support as requested except for EMS services with the following exceptions and
conditions: (1) deny request to waive staff rental fees and trash box costs, (2) deny
funding request, (3) deny request for the City to assume event liability, (4) require receipt
of Certificate of Liability Insurance and Hold Harmless Agreement one (1) week prior to
the event. Staff recommends not approving the cash contribution because there is no
funding in the Commission event budget and this could set a precedent for other events
and the City has never assumed the liability insurance.
Mrs. Montague expressed concern over the issue of waiving the
Certificate of Liability Insurance. She stated she checked with the County and for an
event the first thing that is asked for is a Certificate of Liability Insurance. Mrs.
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Montague stated she does not support this and asked how the event sponsor would be
able to hold this event if they do not have the Certificate of Liability Insurance. Mr.
Barcinski stated the event sponsor would not be able to hold the event and they would
have to go to the insurance company and obtain a Certificate of Liability Insurance and
turn it into the City one week prior to the event.
Mrs. Montague moved to approve per staff recommendations and no cash
contribution to cover the costs, seconded by Mr. Eliopoulos. Upon roll call the
Commission voted as follows: Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis -
Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote.
9.F. APPOINTMENTS TO THE EDUCATION BOARD: Appoint two (2)
regular members to the Education Board for two (2) year terms ending July 31, 2009 and
(1) one regular member to serve an unexpired term ending July 31, 2008. Based upon the
rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1)
and Commissioner Fetzer (Seat #2).
Mr. Eliopoulos moved to reappoint Adam Davis as a regular member to
the Education Board for a two (2) year term ending July 31, 2009, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes;
Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4
to 0 vote.
Mr. Eliopoulos moved to reappoint Susan Sikich as a regular member to
the Education Board for a two (2) year term ending July 31, 2009, seconded by Mr.
Fetzer. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr.
Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague -Yes. Said motion passed with a 4
to 0 vote.
Mr. Fetzer moved to appoint Kenneth Zeno as a regular member to the
Education Board for an unexpired term ending July 31, 2008, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr.
Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0
vote.
9.G. APPOINTMENTS TO THE PUBLIC ART ADVISORY BOARD:
Appoint two (2) 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) and Commissioner Montague (Seat #4).
Mr. Eliopoulos moved to reappoint Patricia Truscello as a regular member
to the Public Art Advisory Board for a two (2) year term ending August 2, 2009,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr.
Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said
motion passed with a 4 to 0 vote.
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Mrs. Montague moved to appoint Robert Currie as a regular member to
the Public Art Advisory Board for a two (2) year term ending August 2, 2009, seconded
by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Montague -Yes;
Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4
to 0 vote.
9.H. NOMINATION FOR THE FLORIDA CITIES OF EXCELLENCE
AWARDS PROGRAM: Consider approval of nominations for the 2007 Florida Cities
of Excellence Awards for Ashley Wintemute for the City Employee of the Year Award
and the City of Delray Beach for the City of Excellence Award.
Doug Smith, Assistant City Manager, stated this item is before the
Commission for approval of nominations for the 2007 Florida Cities of Excellence
Awards through the Florida League of Cities. These are awards the City of Delray Beach
has applied for in different categories over the last number of years. Staff is proposing
that the City Commission consider nominations for: (1) Ashley Wintemute (who was just
named the Delray Beach SPIRIT Employee of the Year for the City Employee of the
Year Award and (2) submit the City of Delray Beach for the Florida City of Excellence
Award. Mr. Smith noted that in the City's administrative policy for the SPIRIT Awards
there is a section that states the winner of the SPIRIT Employee of the Year Award
would be put forth as a nominee for the Florida League of Cities Award.
Mrs. Montague moved to approve the nominations for the 2007 Florida
Cities of Excellence Awards for Ashley Wintemute for the City Employee of the Year
Award and the City of Delray Beach for the City of Excellence Award, seconded by Mr.
Fetzer. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr.
Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague -Yes. Said motion passed with a 4
to 0 vote.
At this point, the time being 6:55 p.m., the Commission moved to Item
12, First Readings portion of the Agenda.
12. FIRST READINGS:
12.A. ORDINANCE NO. 29-07: An ordinance replacing an existing Florida
Power and Light Company (FPL) Franchise Agreement that is set to expire in 2011. If
passed, a public hearing will be scheduled for August 21, 2007.
The caption of Ordinance No. 29-07 is as follows:
AN ORDINANCE GRANTING TO FLORIDA POWER &
LIGHT COMPANY, ITS SUCCESSORS AND
ASSIGNS , AN ELECTRIC FRANCHISE, IMPOSING
PROVISIONS AND CONDITIONS RELATING
THERETO, PROVIDING FOR MONTHLY
PAYMENTS TO THE CITY OF DELRAY BEACH, AND
PROVIDING FOR AN EFFECTIVE DATE.
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(The official copy of Ordinance No. 29-07 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Don Kiselewski, representative with Florida, Power & Light
Company, stated he is present to answer any questions the Commission may have.
The new FPL franchise if approved by the City Commission will have a
thirty (30) year duration (to 2037}. The ordinance provides for a revised and simplified
franchise fee calculation methodology. The fee contained in the ordinance is 5.9% with
no offset for property taxes paid. The current ordinance provides fora 6% fee with the
property tax offset.
Mr. Fetzer moved to approve Ordinance No. 29-07 on FIRST Reading,
seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr.
Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said
motion passed with a 4 to 0 vote.
12.B. ORDINANCE NO. 30-07: An ordinance amending Chapter 117,
"Landlord Permits", of the Code of Ordinances by amending Section 117.2, "Permit
Fees", to provide for an increase in the Landlord Permit fee from $30.00 per unit to
$50.00 per unit. If passed, a public hearing will be scheduled for August 21, 2007.
The caption of Ordinance No. 30-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 117, "LANDLORD PERMITS"
OF THE CODE OF ORDINANCES BY AMENDING
SECTION 117.02, "PERMIT FEES", TO PROVIDE FOR
AND INCREASE IN THE LANDLORD PERMIT FEE;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 30-07 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Prior to the vote, Mrs. Montague expressed concern with the landlord
permit fee increasing from $30.00 to $50.00. Lula Butler, Director of Community
Improvement, stated staff performed a survey of other municipalities that have a similar
fee and Delray Beach was much lower. The average is between $90.00 and $110.00 and
therefore increasing the fee to $50.00 puts the City at the median range. Also, Mrs.
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Butler stated the City of Delray Beach has a rental inspector position that does the
random inspections, monthly workshops and training. Therefore, Mrs. Butler stated the
City of Delray Beach offers something for the dollars that are being collected.
Mr. Fetzer moved to approve Ordinance No. 30-07 on FIRST Reading,
seconded by Mr. Eliopoulos. Upon roll call the. Commission voted as follows: Mr.
Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said
motion passed with a 4 to 0 vote.
10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 22-07 (FIRST READING/TRANSMITTAL
HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2007-2): Consider on
first reading an ordinance adopting Comprehensive Plan Amendment 2007-2 and
associated Future Land Use Map (FLUM) amendments, and authorize transmittal to the
State Department of Community Affairs. Amendment 2007-2 includes:
The caption of Ordinance No. 22-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ADOPTING
COMPREHENSNE PLAN AMENDMENT 2007-2,
PURSUANT TO THE PROVISIONS OF THE "LOCAL
GOVERNMENT COMPREHENSIVE PLANNING AND
LAND DEVELOPMENT REGULATION ACT", FLORIDA
STATUTES SECTION 163.3161 THROUGH 163.3243,
INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED
IN EXHIBIT "A" EXCEPT WITH THE WITHDRAWAL OF
SECTION 5 ON PAGE 9 ENTITLED "COMPREHENSNE
PLAN AMENDMENT 2007-2" AND INCORPORATED
HEREIN BY REFERENCE; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 22-07 is on file in the City Clerk's
office.)
1. Text Amendments:
a. Future Land Use Element -Modification of the description of the
GC (General Commercial) Future Land Use designation to
increase the allowable percentage of building area devoted to
residential use from 15% to 75% at a maximum density of 30 units
per acre within the Four Corners Overlay District, subject to the
provision of workforce housing.
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08/07/07
b. Future Land Use Element -Modification of Policy A-7.2 to
include the provision of workforce housing ~in the Four Corners
Overlay District.
c. Future Land Use Element -Modification of the description of the
TRN (Transitional) Future Land Use designation to allow for
increased residential density up to 24 units per acre within the
Carver Estates Overlay District, subject to the provision of
workforce housing.
d. Future Land Use Element - Expansion of the Southwest
Neighborhood Area Overlay District to include properties located
%2 block on either side of SW 12~' Avenue, between SW 2"d Street
and SW 3rd Street. This overlay district allows a maximum density
of 24 units per acre, subject to the provision of workforce housing.
e. Future Land Use Element -Modification of the description of the
GC (General Commercial) Future Land Use designation to
increase the maximum density on properties lying within the Four
Corners Overlay District which are not located at the intersection
of Atlantic Avenue and Military Trail and which have less than
160 feet of direct frontage on Atlantic Avenue to 50 units per acre.
Residential development on these properties may comprise up to
100% of the total building area and shall not be subject to the
requirement to provide workforce housing.
f. Future Land Use Element -Modification of the description of the
Medium Density Residential Future Land Use designation to
accommodate expansion of the Carver Estates Overlay Area to
include the south portion of the Auburn Trace Development. This
area is currently located within the Infill Workforce Housing Area
which allows up to 18 units per acre, subject to the provision of
workforce housing. Within the Carver Estates Overlay Area, the
maximum density will increase to 24 units per area.
2. Future Land Use Map Amendments:
a. City initiated Future Land Use Map amendment for
approximately 3.9 acres, located % block on either side of
SW 12d' Avenue, between SW 2"d Street and SW 3rd Street,
from LD (Residential Low Density 0-5 du/ac) to MD
(Residential Medium Density 5-12 du/ac).
Mayor Ellis stated text amendment 10.A.1.e. dealing with the four corners
has been withdrawn. The City Attorney stated this will be deleted from page 9 of the
attached report and eliminated from Section 5 dealing with the four corners.
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08/07/07
Ron Hoggard, AICP, Principal Planner entered the Planning and Zoning
Department project file #2007-243 and #2007-244 into the record.
Ron Hoggard, AICP, Principal Planner, stated this is Comprehensive Plan
Amendment 2007-2 on July 10, 2007. The amendment is the same as when it was
initiated except for the omission of text amendment #5 page 9. The amendment includes
one (1) City-initiated Future Land Use Map Amendment, four (4) City-initiated Text
Amendments, and one (1) Privately-initiated Text Amendment. Mr. Hoggard briefly
reviewed the text amendments and the Future Land Use Map Amendments.
Mayor Ellis declared the public hearing open.
Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, stated she lives
near Auburn Trace and down the street from where the homes were built on the garbage
dump (Carver Square). She stated there are big problems at the other end of her street.
Ms. Moody stated it seems like the City will have the same problem with building
because the land has not been modified and she feels that the land should be taken care of
first then assess how many homes will be built. She stated she has lived in the area a
long time and has seen what it was like before. Ms. Moody urged the Commission to not
allow any more building until the problem with the land is resolved.
Michael Weiner, 102 North Swinton Avenue, Delray Beach,
representing Auburn Trace, stated he believes Ms. Moody was talking about the City
initiated amendment concerning the property which is further to the south. Mr. Weiner
reassured Ms. Moody that this is a first step and that nothing actually happens until the
Comprehensive Plan comes back for the Commission to see again and after that, there are
many steps including zonings, site plans, building permits, and environmental reports that
have to be done.
Glen Reoyo, 134 S.W. 12th Avenue, Delray Beach, since this is being
changed from low density to medium density he would like to know what is planned for
this area (i.e. an apartment complex, rental property, a condominium, or townhomes).
Mr. Reoyo feels this will bring more traffic to the area and he would like to know what is
going to be built before the Commission votes on this.
Mrs. Montague stated if she understands Ms. Moody correctly, she is
talking about Carver Estates being there right now and she is concerned about removing
that and preparing that property in order for new development to come in. Ms. Moody
responded that when land is going to be redeveloped you have to move what is broken
down by making sure the land is leveled and surveyed before starting to build on it.
Lula Butler, Director of Community Improvement, stated she believes Ms.
Moody is talking about Carver Square and Carver Square properties have been acquired
by the Community Redevelopment Agency (CRA). The demolition permits are in and
staff is processing those now. Mrs. Butler stated those homes will be demolished and the
land will be mitigated and noted they will take everything out that is there and will put
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08/07/07
back good soil before they rebuild a new subdivision. She stated in the lands that is
before the Commission this evening staff does not have any record of those being former
garbage sites. Mrs. Butler stated the Codes have changed and noted when Carver Square
was built the City did not require soil borings so there was no requirement to demonstrate
that you had good soil but now there is.
Mrs. Montague stated there is a communication issue here and she
suggested that the Delray Beach Housing Authority and Auburn Trace educate the
community so they understand what is happening. Mrs. Montague suggested that Ms.
Moody meet with Mrs. Butler and Mr. Weiner to address her specific questions.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 22-07, the public hearing was closed.
Mr. Fetzer moved to approve Ordinance No. 22-07 (First
Reading/Transmittal Hearing) as amended withdrawing Section 5 on page 9, seconded by
Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes;
Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4
to 0 vote.
10.B. RESOLUTION NO. 4407: Approve and adopt Resolution No. 44-07
setting forth an inventory list of properties to be used for affordable housing in
accordance with Section 166.0451 of the Florida Statutes.
office.)
The caption of Resolution No. 44-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, SETTING
FORTH AN INVENTORY LIST OF PROPERTY TO BE
USED FOR AFFORDABLE HOUSING IN
ACCORDANCE WITH SECTION 166.0451 OF THE
FLORIDA STATUTES.
(The official copy of Resolution No. 44-07 is on file in the City Clerk's
The City Attorney stated this is a resolution that is required by Florida
Statutes for municipalities to list lands that they know that they own that is appropriate
for affordable housing located on 133 Road South and Barwick Road.
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.
Mrs. Montague moved to approve Resolution No. 44-07, seconded by Mr.
Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr.
Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague -Yes. Said motion passed with a 4
to 0 vote.
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08/07/07
10.C. 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.
(POSTPONED TO AUGUST 21, 2007 DUE TO FURTHER ADVERTISING)
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
REGULATIONS OF THE CODE OF ORDINANCES,
BY AMENDING 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 INFILL WORKFORCE
HOUSING AREA; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 24-07 is on file in the City Clerk's
office.)
Mr. Fetzer moved to postpone Item 10.C. -Item 10.G. (Ordinance Nos.
24-07, 25-07, 26-07, 27-07, and 28-07) to the City Commission meeting of August 21,
2007, seconded by Mrs. Montague. Upon roll call the Commission voted as follows:
Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said
motion passed with a 4 to 0 vote.
10.D. POSTPONED TO AUGUST 21, 2007 DUE TO FURTHER
ADVERTISING
10.E. POSTPONED TO AUGUST 21, 2007 DUE TO FURTHER
ADVERTISING
10.F. POSTPONED TO AUGUST_ 21, 2007 DUE TO FURTHER
ADVERTISING
10.G. POSTPONED TO AUGUST 21i_ _2007 DUE TO FURTHER
ADVERTISING
At this point, the Commission moved to Comments and Inquiries on
Non-Agenda Items from the City Manager and the Public.
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08/07/07
11.A. City Manager's response to prior public comments and inquiries.
The City Manager had no response to prior public comments and
inquiries.
11.B. From the Public.
11.B.1. Nancy Hurd, CEO of the Achievement Centers for Children &
Families (ACCF) (lives at 17 N.W. 15t Street, Delray Beach), stated she emailed the
Commission earlier this week in response to the proposed cut that may affect the
Achievement Centers for Children and Families. She stated they are in partnership with
the City of Delray Beach for over seven hundred (700) of the neediest children in this
community. She stated the priority child is the abused, abandoned and neglected child or
those that are at high risk for that to happen. Mrs. Hurd stated they have received
$25,000.00 under the charitable and the benevolent line items, and noted this is
earmarked for that particular high priority child (usually the babies at the center on the
north campus). She stated all of the children are considered at high risk for academic
failures, or for the lure of the streets that they would be in, if it was not for the safe haven
that the Achievement Centers for Children and Families provided. Mrs. Hurd stated the
City's contribution, spread among all the children, amounts to approximately $36.00
annually a year. She urged the Commission to weigh the benefit and value that this
agency brings to the community and their investment of returning over $3 million worth
of direct services to the children. Mrs. Hurd urged the Commission to keep the funding
of $25,000.00 in the budget.
11.B.2. Robert Gamer, Florida Coalition for Preservation, stated
approximately a month and a half ago he came before the Commission and discussed the
Urban Land Institute Study that he was trying to promote prior to the time the developer
walked out on Briny Breezes. At the time, the purpose of doing an Urban Land Institute
Study was to bring some sense into the dialogue, and to allow the neighboring
communities to participate in the ultimate decision of the fate of Briny Breezes. Mr.
Ganger stated at the time, they were strongly opposed to the plan that Ocean Land
Development had which left Briny Breezes dangling. As the Florida Coalition for
Preservation, they would like the opportunity to sponsor an Urban Land Institute Study to
help bring some sense as to what could happen in that community and turn it into
something that all of its neighbors would be pleased to have as apart of the
neighborhood. Mr. Ganger felt Mayor Bennett needs help from his neighbors to give
Briny Breezes residents some idea of what the real land value is in a redevelopment
mode, and then to help guide developers who might come in and make proposals to have
something that the communities on either side (north and south) would accept. He stated
he may be coming back to the Commission over the next several weeks or months to ask
for the support of the people of Delray Beach, to their neighbors, to figure out what is
best for everyone.
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08/07/07
Secondly, Mr. Ganger stated the Delray Beach Historical Society is going
to move the Hunt House one way or another and turn it into a research center that will
make the entire community proud.
11.B.3. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, commented about
Nancy Hurd's comments regarding abused children. Ms. Moody discussed some of her
personal issues in her life and felt that one can rise above abusive situations. She stated
there is a lot that she has changed in her life and noted she is learning, but slowly. Ms.
Moody urged the Commission to work with her in the right situation.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager
The City Manager stated the City has received a request from the Palm
Beach County Caucus of Black Elected Officials and noted they are having their Gala in
September. They have asked the City of Delray Beach to support the event. He stated
last year the City purchased a one half (%2} page ad. The cost of the ad this year will be
approximately $300.00, and the City also purchased two individual tickets. The City
Manager stated if the Commission wishes to do the same thing for this year's event then
he needs direction from the Commission to proceed. The City Manager noted that the
event will be held at the Breakers Hotel this year.
It was the consensus of the Commission to support this event.
Secondly, the City Manager stated he obtained a copy of the letter that
Nancy Hurd sent to the Commission and if this amount is added back in, he recommends
that it be reduced by fifteen (15%) as was done by the other non-profits which were kept.
After brief discussion, it was the consensus of the Commission to put the
non-profit Achievement Centers for Children and Families back into the budget at
$25,000.00.
13.B. City Attorney
The City Attorney had no comments or inquiries on non-agenda items.
13.C. City Commission
13.C.1. Mr. Fetzer
Mr. Fetzer stated he received an email from Mr. Bill Morns regarding
some additional support that his company is willing to do to help with the City's special
events. He was very pleased to see Mr. Morris and his company taking a more
aggressive roll in funding some of these things.
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08/07/07
Secondly, he stated he really enjoyed the Annual S.P.I.R.I.T. (Service,
Performance, Responsible, Integrity, Innovative, and Teamwork) Awards Banquet and
apologized for having to leave early so he missed part of the awards. Mr. Fetzer stated it
was a great event.
13.C.2. Mr. Eliopoulos
Mr. Eliopoulos echoed comments expressed by Mr. Fetzer regarding the
S.P.I.R.I.T. Banquet. He stated everyone had a great time and he hopes the City can
continue the tradition.
Secondly, he commented about a Workshop today regarding the Historic
Guidelines.
13.C.3. Mrs. Montague
Mrs. Montague commented about the Roots Event. She was a judge for
the ribs.
Secondly, she stated the S.P.I.R.I.T. Awards Banquet was wonderful.
Mrs. Montague stated the participation, enthusiasm, the gratefulness from the employees
and the recognition awards was great to see.
Mrs. Montague stated it has been a wonderful week.
13.C.4. Mayor Ellis
Mayor Ellis commented about the Roots Event and the judging of the ribs.
She stated the event was well attended by families, vendors, etc. However, she
commented about the rap group that performed, and stated the language was totally
unacceptable for a family event. Mayor Ellis stated the language was offensive and
certainly not appropriate for a family event that the City would have at one of its pristine
parks. Mayor Ellis stated whatever needs to be done to address the issue needs to be
done (i.e. perhaps groups should be screened). She stated aside from that, the rest of the
event was exceptional and well organized.
Secondly, she stated the City is raising some rates at the marina and at
different venues. Mayor Ellis stated what we are finding is that we have not addressed
these rates in way too long a period of time. She stated the City needs to take a look at
the fee schedules more frequently than what we are doing now. She suggested looking
into this so we have increases that are smaller in nature and more palatable to the people
that the fees affect, so we are not going such a long period of time without addressing the
increases. Mayor Ellis stated costs increase every year, and as a business person, she
knows you have to look at it every year. She stated based on what the fee is, maybe we
can determine how frequently it needs to be addressed and make a determination so these
long stretches do not go by.
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08/07/07
Mayor Ellis commented about the Office Depot Backpack Event which
will be held tomorrow (August 8, 2007). She stated Office Depot gave the Mayor's
office five hundred (500) backpacks to distribute. The After School Program was not on
Office Depot's list and therefore the backpacks will be distributed to the children who
attend the After School Program. She stated this is a wonderful program and the children
are able to start school with school supplies and a backpack that they may not have
otherwise had the opportunity to do. Mayor Ellis stated this is very much appreciated.
There being no fizrther business, Mayor Ellis declared the meeting
adjourned at 7:51 p.m.
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on August 7, 2007, which Minutes were formally approved and adopted by the City
Commission on August 21, 2007
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
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08/07/07
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 DELRAY MAZDA
1. This waiver request came before the City Commission on August 7, 2007.
2. The City staff, applicant, and other persons have presented documentary
evidence and testimony to the City Commission pertaining to the waiver request for
Delray Mazda.. All of the evidence is part of the record in this case.
3. Temporary Use Permit: Section 2.4.6(F)(1) provides that no temporary
use shall be allowed except as provided in Subsection (F) or as otherwise provided for
in these Regulations. (See, LDR Section 2.4.6(F) attached hereto). The applicant has
requested a temporary use permit to construct a temporary modular building to provide
a clean and safe area for their customers to wait while the vehicles are being repaired
during the construction of a showroom/office area.
4. Waivers: Pursuant to LDR Section 2.4.7(6)(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.
Should the waiver be granted for the temporary modular building subject to
the conditional uses listed below?
1. The Temporary Use Permit shall not be effective until the issuance of a
permit for the permanent improvements (i.e. construction of the
showroom).
2. That the Temporary Use Permit be valid for no more than two years from
the date of issuance.
3. That the modular building be removed from the property and the area
restored to a parking area pursuant to the site plan of record concurrent
with the issuance of a Certificate of Occupancy for the
showroom/offices.
Yes 4 N o 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.
7. Based on the entire record before it, the City Commission approves
X denies the waiver requests subject to the conditions set forth herein and
hereby adopts this Order this 7th day of August, 2007, by a vote of 4 in favor and
0 opposed.
ATTEST: ~~
Chevelle Nubin
City Clerk
Rita Ells, Mayor
2