08-21-07 Minutes RegAUGUST 21, 2007
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Rita Ellis in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, August 21, 2007.
1. Roll call showed:
Present - Commissioner Gary Eliopoulos
Commissioner Fred Fetzer
Commissioner Woodie McDuffie
Commissioner Brenda Montague
Mayor Rita Ellis
Absent - None
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Reverend "Chip" Stokes 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 Item 8.I., Ratification of Appointment to the
Parking Management Advisory Board should read "approve and ratify the
reappointment of Mr. William Branning, Community Redevelopment Agency (CRA)
Representative, to the Parking Management Advisory. Board for a two (2) year term
ending July 1, 2009."
She stated Item 8.E., Recision of Contract Award/Randolph and
Dewdney Construction, Inc. will be removed from the Consent Agenda.
There are additional applications for Item 9.H., Appointments to the
Historic Preservation Board.
Mrs. Montague requested to move Item 9.M., Public Comments/FY
2008 Proposed Budget before Item 9.L., Discussion/Proposed Budget FI' 2008.
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Mr. Eliopoulos requested that Item 8.D., Weitz Company/Final
Payment/Delray Beach Family Recreation and Fitness Center be moved from the
Consent Agenda and moved to the Regular Agenda as Item 9.A.A.
The City Manager requested that Item 9.C., Resolution No. 21-07 of the
Regular Agenda be moved before the two Quasi-Judicial Hearings as Item 9.A.A.A.
because the financial advisor needs to drive back to Orlando this evening and this would
give him an earlier start.
Eliopoulos 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; Mr. Eliopoulos -Yes. Said
motion passed with a 5 to 0 vote.
5. APPROVAL OF MINUTES:
Mrs. Montague moved to approve the Minutes of the Regular Meeting of
August 7, 2007, seconded by Mr. McDuffie. Upon roll call the Commission voted as
follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos
-Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote.
Mr. McDuffie moved to approve the Minutes of the SpeciaUWorkshop
Meeting of August 14, 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; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
6.A. National Save a Life Month -September 2007
Mayor Ellis noted that the proclamation hereby proclaiming the month of
September 2007 as National Save a Life Month will be mailed.
7. PRESENTATIONS:
7.A. 2007 Explorer Law Enforcement Academy
Mayor Ellis introduced the following cadets of the 2007 Explorer Law
Enforcement Academy: Explorer Captain Bradley Labrys, Explorer Lieutenant
Joseph Viggiano, Sergeant Jeremy Calvano, Explorer Sergeant Nicole Sloan,
Explorer Aramis Grigarian, and Explorer James Johnson.
Larry Schroeder, Police Chief, stated he recently attended a graduation at
the Boy Scout Camp where he witnessed a little more than 80 young people who went
through a very challenging course. Chief Schroeder stated this inspired him to come
before the Commission and inform them about the Explorer Law Enforcement Academy.
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Sergeant Bill Smith, Lead Advisor of the Delray Beach Police Department
Explorer Post #319 for approximately ten years, noted that the Post has been chartered
for over 25 years with the Delray Beach Police Department. He gave a brief overview of
the Police Explorer Law Enforcement Academy.
Mayor Ellis thanked the 2007 Police Explorer Law Enforcement Academy
and stated the Commission appreciates their contribution to the community.
Mrs. Montague stated the Commission is very proud of the 2007 Police
Explorer Law Enforcement Academy.
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. ACCEPTANCE OF RIGHT-OF-WAY DEED/WAYSIDE HOUSE:
Approve and accept aright-of--way deed between the City and Wayside House, Inc. to
allow the conversion of use and renovation of the southernmost building at the Wayside
House located on the west side of N.E. 6th Avenue, south of N.E. 4th Street (320 - 328
N.E. 6th Avenue).
8.B. RESOLUTION NO. 14-07/ABANDONMENT OF EASEMENTS:
Approve Resolution No. 14-07 vacating and abandoning two (2) five (5) foot and one (1)
ten (10) foot wide utility easements, located at 502 North Ocean Boulevard.
The caption of Resolution No. 14-07 is as follows:
office.)
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
VACATING AND ABANDONING A UTILITY
EASEMENT LOCATED AT 502 NORTH OCEAN
BOULEVARD AND AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A".
(The official copy of Resolution No. 14-07 is on file in the City Clerk's
8.C. RESOLUTION NO. 47-07/AMENDMENT NO. 1/FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT)/ JOINT PARTICIPATION
AGREEMENT: Approve Resolution No. 47-07 authorizing Amendment No. 1 to the
Joint Participation Agreement (JPA) with the Florida Department of Transportation
(FDOT) for the installation of landscaping along the northbound exit and entrance ramps
of I-95 at West Atlantic Avenue; clarifying reimbursement for construction and design.
The caption of Resolution No. 47-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, APPROVING
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AMENDMENT #1 TO THE JOINT PARTICII'ATION
AGREEMENT FOR THE INSTALLATION AND
FUNDING OF THE LANDSCAPING LOCATED AT
THE INTERSECTION OF THE I-95 INTERCHANGE
AND WEST ATLANTIC AVENUE DATED MARCH 21,
2007 IN ORDER TO CLARIFY REIMBURSEMENT
FOR CONSTRUCTION AND DESIGN AND
AUTHORIZING THE EXECUTION OF THE
AMENDMENT TO THE AGREEMENT.
(The official copy of Resolution No. 47-07 is on file in the City Clerk's
office.)
8.D. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.
8.E. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
8.F. REJECTION OF BIDS/RAINBERRY WOODS NEIGHBORHOOD
IMPROVEMENTS PROJECT: Approve the rejection of all bids received for the
Rainberry Woods Neighborhood Improvements Project and authorize staff to re-bid the
project.
8.G. TRI-PARTY AGREEMENT/PALM BEACH
COUNTY/EXPANDING AND PRESERVING OUR CULTURAL HERITAGE,
INC.: Approve a tri-party agreement between the City, Palm Beach County and
Expanding and Preserving Our Cultural Heritage, Inc. for funding in the amount of
$250,000.00 for the Spady Cultural Heritage Complex -Phase II. Funding is available
from the Palm Beach County Recreation and Cultural Facilities Bond.
8.H. AMENDMENT NO. 4/MANAGEMENT AGREEMENT/OLD
SCHOOL SQUARE, INC.: Approve Amendment No. 4 to the management agreement
between the City and Old School Square, Inc. which revises Paragraph 2.a of the
agreement; to eliminate the requirement for ratification of Board Members by the City
Commission.
8_I. RATIFICATION OF APPOINTMENT TO THE PARKING
MANAGEMENT ADVISORY BOARD: Approve and Ratify the reappointment of Mr.
William Branning, Community Redevelopment Agency (CRA) Representative, to the
Parking Management Advisory Board for a two (2) year term ending July 1, 2009.
8_J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period August 6, 2007 through August 17, 2007.
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8.K. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Landmark Construction, Corp. in the amount of
$18,500.00 for the demolition of three (3) properties located at 230
SW 3`d Avenue, 114 NW 4~' Avenue and 1314 SW 22"d Avenue.
Funding is available from 118-1965-554-34.35 (Community
Development Fund/LTnsafe Buildings/Structures) and 001-2741-
524-34.35 (General Fund/Unsafe Buildings/Structure).
2. Purchase award to Dell Computer Corporation in the amount of
$18,826.20 for nine (9) laptops for Code Enforcement Officers.
Funding is available from 001-2741-524-64.11 (General
Fund/Computer Equipment).
3. Purchase award to Duval Ford in the amount of $23,413.00 via the
Florida Sheriffs Association Contract #06-14-0821 for the
purchase of one (1) 2008 Ford Crown Victoria Police Interceptor
for the Police Department. Funding is available from 501-3312-
591-64.20 (Central Garage Fund/Automotive).
4. Purchase award to Florida Bullet in the amount of $20,984.00 for
the purchase of ammunition in preparation for next year's training
and firearms qualifications -for the Police Department. Funding is
available from 001-2111-521-52.20 (General Fund/General
Operating Supplies).
5. Purchase award to The HON Company c/o Workspaces South,
LLC, Kimball International c/o Workspaces South, LLC and K-
Log, Inc. in the total amount of $90,057.49 for the purchase of
office and conference room furniture for the new Environmental
Services Administration building. Funding is available from 441-
5111-536-64.10 (Water/Sewer Fund/Office Furniture/Fixtures).
6. Purchase award to Vision Solutions in the amount of $25,300.00
for the replacement of the iSeries data mirroring software.
Funding is available 001-1811-513-66.10 and 001-2111-521-66.10
(General Fund/Software).
Mr. McDuffie moved to approve the Consent Agenda as amended,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor
Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs.
Montague -Yes. Said motion passed with a 5 to 0 vote.
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9. REGULAR AGENDA:
9.A.A. WEITZ COMPANY/FINAL PAYMENT/DELRAY BEACH
FAMILY RECREATION AND FITNESS CENTER: Approve the final payment in
the amount of $47,646.09 to the Weitz Company for services rendered in preparation of
beginning construction for the Delray Beach Family Recreation and Fitness Center
Project (formerly the Western/Senior Community Center). Funding is available from
380-4150-572-62.58 (2004 G.O. Bond/Western Community Center).
Richard Hasko, Director of Environmental Services, stated this item
essentially closes out the Western Communities Center project. He stated Weitz
Company was the CM on that project and they went through their pre-construction
services portion of their agreement and performed all the services. The City was going to
enter the construction part of the contract in two phases because of the timing and
scheduling of the project. The first phase was for the site work and that portion of the
GMP was awarded in January at a Regular City Commission Meeting. In order to
maintain the schedule and the pace of the project that staff had been directed to follow,
they continued on with the coordination, bidding of the subcontractors, etc. Mr. Hasko
stated there were also issues with the funding and the bonding levels and ultimately staff
was directed to defer the project. Mr. Hasko stated this represents the dollar value of
their effort from the time the initial GMP phase was approved until the time they were
directed to stop.
Mr. Eliopoulos stated this was a unique situation where the former
Commission got word of where we were with the budget and there was concern over the
Capital Improvement Budget (CIP). He stated if this does occur he would like the
Commission to be aware of what is going on in the field because in essence this money is
gone. Mr. Eliopoulos stated in the future that if we know we are going fast track on
something the Commission needs to be made aware of it.
Mr. Eliopoulos moved to approve Item B.D. now known as Item 9.A.A.,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr.
Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor
Ellis -Yes. Said motion passed with a 5 to 0 vote.
9.A.A.A. RESOLUTION NO. 21-07: Consider approval of Resolution No. 21-07
authorizing the issuance of the Utility Tax Revenue Bonds (Series 2007) in an amount
not to exceed $27,000,000; and authorize the sale of such bonds to Bear, Stearns &
Company, Inc.
The caption of Resolution No. 21-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE NEGOTIATED SALE OF CITY
OF DELRAY BEACH, FLORIDA, UTILITIES TAX
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REVENUE BONDS, SERIES 2007 (THE "BONDS"), IN
THE INITIAL AGGREGATE PRINCIPAL AMOUNT OF
NOT EXCEEDING $27,000,000 FOR THE PURPOSE OF
FINANCING AND REFINANCING CERTAIN
MUNICIPAL PROJECTS WITHIN THE CITY;
AMENDING RESOLUTION NO. R-98-91 (THE
"ORIGINAL RESOLUTION") TO PROVIDE FOR THE
PLEDGE OF THE CITY'S COMMUNICATIONS
SERVICES TAX FOR ALL BONDS ISSUED UNDER
THE ORIGINAL RESOLUTION; DETERMINING
CERTAIN DETAILS OF THE BONDS; APPOINTING
AN UNDERWRITER; PROVIDING FOR THE
APPLICATION OF THE BOND PROCEEDS;
APPROVING THE FORM OF, AUTHORIZING THE
EXECUTION AND DELIVERY OF A BOND
PURCHASE AGGREEMENT TO EFFECT THE
NEGOTIATED SALE OF THE BONDS AND SETTING
THE PARAMETERS BY WHICH THE MAYOR OR
VICE MAYOR SHALL BE AUTHORIZED TO
EXECUTE AND DELIVER THE BOND PURCHASE
AGREEMENT; APPOINTING A PAYING AGENT AND
BOND REGISTRAR; AUTHORIZING THE
REGISTRATION OF THE BONDS UNDER A BOOK
ENTRY SYSTEM; APPROVING THE FORM OF AND
AUTHORIZING THE EXECUTION AND DELIVERY
OF AN OFFICIAL STATEMENT IN CONNECTION
WITH THE OFFERING AND SALE OF THE BONDS
AND AUTHORIZING THE DISTRIBUTION OF THE
PRELIMINARY OFFICIAL STATEMENT AND THE
OFFICIAL STATEMENT BY THE UNDERWRITER;
APPROVING THE FORM OF AND AUTHORIZING
THE EXECTION AND DELIVERY OF A PAYING
AGENT AND REGISTRAR AGREEMENT RELATING
TO THE BONDS; PROVIDING FOR A BOND
INSURANCE POLICY FOR THE BONDS PROVIDED
BY MBIA INSURANCE CORPORATION AND
AUTHORIZING AND AGREEING TO ANY
NECESSARY SUPPLEMENTS OR AMENDMENTS TO
THE ORIGINAL RESOLUTION IN CONNECTION
WITH THE ISSUANCE OF A SURETY BOND BY
MBIA INSURANCE CORPORATION; PROVIDING
FOR THE UNDERTAKING BY THE CITY
REGARDING SECONDARY MARKET DISCLOSURE
AS REQUIRED BY RELUE 15c2-12 OF THE
SECURITIES AND EXCHANGE COMMISSION;
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AUTHORIZING THE PROPER OFFICERS OF THE
CITY TO DO ALL OTHER THINGS DEEMED
NECESSARY OR ADVISABLE AS TO THE SALE AND
DELIVERY OF THE BONDS; AND PROVIDING FOR
AN EFFECTIVE DATE.
(The official copy of Resolution No. 21-07 is on file in the City Clerk's
office.)
Jay Glover, Financial Advisor with Public Financial Management, stated
he requested that this item be moved up on the Agenda in order for him to drive back to
Orlando.
Mr. Glover introduced Steve Sanford from Greenberg Traurig, P.A., Bond
Counsel and J.W. Howard from Bear, Sterns & Company, Inc., underwriter on the
transaction.
Mr. Glover stated Resolution No. 21-07 authorizes the issuance of up to
$27,000,000.00 of utility tax revenue bonds which are secured by utility taxes as well as
communication service taxes that are generated by the City of Delray Beach. Mr. Glover
briefly reviewed the parameters within the resolution that must be met in order for these
bonds to be issued. He reiterated that the resolution authorizes that the bond not exceed
$27,000,000.00 worth of bonds, the interest cost must be no greater than 5.50%, the
underwriters discount must be no more than $6.00 per bond, and the final maturity must
be no later than June 1, 2032. Mr. Glover stated the actual interest cost that they are
projecting today based on current market provisions is 5.06%. Mr. Glover stated the
bonds are AAA insured by MBIA Insurance Company which means they actually go out
on behalf of the City and competitively bid for a bond insurer to come in and secure these
bonds in case something were to go wrong with the City's credit.
Mr. Eliopoulos stated at one point staff talked about bidding this out and
inquired as to how this came about and whether this is the better approach. He stated as
like with"construction the City normally tries to receive three bids. Mr. Glover stated part
of that was based on a recommendation from the City's financial advisor as to whether to
do this via a negotiated sale process or a competitive sale process. The City of Delray
Beach has actually done both of these procedures in the past and there are certain
circumstances which they recommend doing one over another. Mr. Glover stated in a
letter attached to the resolution they recommended that this be done through a negotiated
sale process because this gives the utmost flexibility as far as the timing of the
transaction. The City can actually enter the market at any point after approval of this
resolution up until essentially when the disclosure document becomes stale. Mr. Glover
stated we are in a very volatile market right now and they do not want to have to
advertise a specific sale date and be stuck pricing on that sale date as you would have to
do with a competitive sale. He stated if the market was rallying significantly within the
next couple of days they could call up the City's underwriter and they could essentially
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jump into the market very quickly to take advantage of the low interest rates. Or, if they
went to enter the market and the market was not working in their favor they could pull
the bonds from the market to wait for a better opportunity all in hopes of getting the City
the lowest interest cost. Mr. Glover stated with a competitive deal per State law you have
to advertise that sale with ten days notice and there is not a lot of flexibility as to when
that sale is actually going to happen.
Mrs. Montague moved to approve Resolution No. 21-07, seconded by Mr.
Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr.
McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said
motion passed with a 5 to 0 vote.
At this point, the time being 6:26 p.m., the Commission moved to Item
9.A.
9.A. CONDITIONAL USE REQUEST/LAST RESORT SALOON:
Consider a conditional use request to establish a 24-hour or late night business, extending
the closing time from 12:00 midnight to 2:00 a.m., for the Last Resort Saloon located at
3205 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 and all subsequent items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Ellis asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, Planning and Zoning Director, entered the Planning and
Zoning Department project file #2007-245 into the record.
Mr. Dorling stated this is consideration of a Conditional Use approval to
establish a 24-hour late night business for the Last Resort Saloon located at 3205 South
Federal Highway. He stated this would extend the hours from its current operating hours
from midnight to 2:00 a.m. be modified to operate from dusk to 2:00 a.m.
At its meeting of August 20, 2007, the Planning and Zoning Board held a
public hearing in conjunction with the Conditional Use. A letter from the public
recommending denial of the request had been received. After a short deliberation, the
Board recommended approval with a 7 to 0 vote.
Beverly Storey, 3591 Lakeview Boulevard, Delray Beach (Applicant),
stated she is present for questions and noted she was not aware of the letter of objection.
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Mayor Ellis stated if anyone would like to speak in favor or in opposition
of the Conditional Use request, to please come forward at this time. There being no one
from the public who wished to address the Commission, the public hearing was closed.
Mr. Dorling stated this is subject to a condition that the timing for the
three (3) existing parking lot lights currently operating from dusk to midnight be
modified to operate from dusk to 3:00 a.m., and stated the facility is now a pool halUbar
and if the applicant were to consider changing it to bring in live entertainment, a
conditional use modification must be approved.
Chevelle D. Nubin, City Clerk, swore in the following individual:
Chuck Halberg, 4870 S. Classical Boulevard, Delray Beach (member
of the Planning and Zoning Board), stated the Board did not see any letter of objection
last night nor was there any discussion of the letter that he is aware of. He stated the
Board did ask that the lights be extended from dusk to dawn and the other three parking
lot lights to be left on unti13:00 a.m.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. McDuffie moved to approve the Board Order with the change to the
condition that the lighting be operated from dusk until 3:00 a.m. and, that if the business
be modified to provide live entertainment, a conditional use modification must be
approved, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr.
McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr.
Fetzer -Yes. Said motion passed with a 5 to 0 vote.
9.B. CONDITIONAL USE EXTENSION REQUEST/5TH AVENUE AT
DELRAY: Consider a conditional use extension request to increase the building height
to a maximum of 60' and to allow an increase above 30 dwelling units per acre (37.30
du/ac) for 5th Avenue at Delray, a proposed mixed use development, located on the east
side of N.E. 5th Avenue (southbound Federal Highway), 112 feet north of N.E. l5t Avenue
(131 - 185 N.E. 5th Avenue). (Quasi-Judicial Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Ellis asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file # 2005-289 into the record.
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Mr. Dorling stated this is a Conditional Use extension which involved the
increase to building height to a maximum of 60 feet and an increase to over 30 dwelling
units per acre in the Central Business District (CBD) to 37.30 du/ac. This project is
located one block north of Atlantic Avenue on southbound 5`i' Avenue. Mr. Dorling
stated this has been an excavated site and noted that there are some conditions that the
site be stabilized and that site has recently come under some construction activities and
staff is requesting that the condition not be applied at this time since they are physically
under construction. This development involves a mixed use project which has 47
condominium units, about 4,000 square feet of retail floor area and about 6,000 square
feet of office area. At its meeting of November 1, 2005, the City Commission approved
the conditional use associated with the proposed development to increase height and
density. At its meeting of February 22, 2006 the Site Plan Review and Appearance
Board (SPRAB} approved the Class V site plan application for this project. It is noted
that the development proposal was developed and approved utilizing the Downtown
Design Guidelines. He stated staff would anticipate since it is not under construction that
the applicant has asked for two years but it may be prudent to reduce that since they are
under construction and once they have 25% of that project built they are vested and
would not have to return that to you. Mr. Dorling stated if the time were shortened staff
could be assured that construction would continue in earnest. Therefore, Mr. Dorling
stated staff recommends 12 months rather than the two years.
Jason Mankoff, Attorney with Weiner & Aronson, P A , 102 North
Swinton Avenue, Delray Beach (Auplicant), stated they agree with staff that the
condition in the staff report should be removed and they have met the preliminary
requirements of LDR Section 2.4.4(F)(1) as well as showing the diligence and good faith
to commence and complete construction of the project. He stated they are getting their
construction loan within the next couple of weeks and noted this is one of few sites where
construction is ongoing. Mr. Mankoff stated he has no problem eliminating the two
years; however, he requested that 18 months be retained.
Mayor Ellis stated if anyone from the public would to speak in favor or in
opposition of the Conditional Use request, to please come forward at this time.
Alice Finst, 707 Place Tavant, Delray Beach, expressed concern over
these condition changes and stated staff is talking about a maximum of 60 feet up from
48 feet. She commented about how tall the building is going to be by the time you put in
the elevator shafts, the stairwells, the casings, and the fencing on the top in addition to
extending the number of units. She urged the Commission to really look at this and keep
our village-by-the-sea and keep the heights down.
There was no cross-examination.
The following individual gave a brief rebuttal:
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Mr. Dorling stated this is one of the first buildings that were approved
using the old design guidelines and while height was approved it has a lot of undulation
on the street and with respect to the design it is one of the better buildings. Also, Mr.
Dorling stated he would not have a problem with granting the extension for 18 months
from today (February 1, 2009).
Mr. Mankoff stated this was approved under the existing Design
Guidelines and noted that this is one of the nicer projects. He stated they are not asking
for any additional height than what was originally approved or any more units than what
was originally approved.
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 stated with regard to the design of this building it was
actually approved under the original design guidelines which were actually more
stringent than the new design guidelines.
Mr. McDuffie moved to approve the Conditional Use Extension granting
the 18 month extension to be valid until February 1, 2009 subject to the removal of the
condition as stated in the Board Order, seconded by Mr. Fetzer. Upon roll call the
Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos
- Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote.
9.D. AUTHORIZATION TO PROCEED WITH FUNDING TO
CONSTRUCT THE INFORMATION TECHNOLOGY (IT) BUILDING: Consider
a request to transfer $974,400.00 from the Insurance Fund to the General Construction
Fund to finance the construction of a new Information Technology (IT) Building.
Joseph Safford, Finance Director, stated when the new Commissioners
came into office they were facing a $40 million Utility Tax Bond Issue and recently $25
million was approved. He stated part of the reduction was the removal of some of the
projects that were in the $40 million Bond Issue and two of the projects (IT Building and
the North Wing Project of City Hall) were removed from the Bond Issue and were to be
financed by transfers from surplus (non-health insurance related surpluses) that we have
in the insurance fund. Mr. Safford stated this item is for the Commission to receive the
approval to transfer the funds for the IT Building and subsequent to tonight the
Commission will be presented with the final design and the final cost from
Environmental Services once this project is ready. Mr. Safford reiterated that this is the
approval for just the financing not the approval for the project.
Mrs. Montague stated if we move forward with the IT Building and if we
move forward with the renovation of the north wing she expressed concern over the
interruption in services that is going to happen and how this is supposed to work. In
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response, Mr. Safford stated the best alternative would be to move the IT employees out
of the area while the construction is going on if possible.
Richard Hasko, Director of Environmental Services, stated because of the
construction that is being proposed for the IT Building they are going to come out with
this prefabricated structure and they are going to sit it in place. There is a prefabrication
time element involved and is somewhere between 2-3 months. Mr. Hasko stated if the
funding is approved, the North Wing can get started rather quickly and while IT is still in
place staff can take advantage of the pre-cast schedule time on the IT Building and in all
likelihood the North Wing would either be done or almost be done. The City Manager
stated you could also do the reverse and do the IT Building first and have the IT current
space available to move Planning and Building people into while work gets done in their
area. Mrs. Montague stated it makes sense to take the IT Building and construct it move
IT out into the new building and use that IT space as staging area or temporary space.
She is very concerned with how we provide the same level of service for a period of time.
Mrs. Montague inquired as to whether it would be more practical to consider approving
funding for both projects even though we have not actually approved doing the projects.
The City Manager suggested that the balance of the $2 million can be moved and then
decide which projects to spend it on and go ahead and have the funding moved from the
Insurance Fund Surplus into the General Fund Construction and then it is available for
whatever projects the Commission decides to use it for at a later date. Mr. Hasko concurs
with Mrs. Montague from the coordination standpoint. However, Mr. Hasko expressed
concern over the construction numbers especially for the North Wing are getting old.
Mr. Safford stated there are many items to consider and noted that one
item on the IT Building to consider is the fact that Florida Power & Light (FPL) is going
to put in a new transformer and they may not be able to get to that until December. He
stated if staff can fast track the construction of the building staff can be ready for FPL
when they come in. Mr. Safford stated he is not sure which project is going to move
quicker. Mr. Safford stated if the Commission wanted to cover both sites then we would
take the $2 million less what was transferred ($460,000.00) so it would be $1,540,000.00
as the balance to get the two projects funded.
Mr. Eliopoulos asked how good is the number for the IT Building since
the drawings are still being worked on. Mr. Hasko stated staff was not necessarily
planning to do a competitive bid because of the specialty construction. Mr. Hasko stated
the City was going to piggy back on a Palm Beach County School District contract for
the same type of construction. Mr. Hasko stated from a coordination standpoint it makes
more sense; however, he is concerned over the pricing if we are going to end up
postponing this, he would like to revisit and verify the cost.
Mr. Eliopoulos inquired about the one-time transfer of this Insurance Fund
Surplus and asked if this means that in 5 or 6 years we could not do this again. In
response, Mr. Safford stated both the health insurance and the property and casualty side
require an actuarial study each year and that actuary will tell the City how much to put in
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the budget for the subsequent year. He stated what staff found out over the last 3-4 years
on the Property and Casualty side we have had extremely low claims and costs compared
to what the actuary was predicting but the City has to base our budget on what the
Actuary says. Therefore, the City charged the General Fund these fees that had never
come to pass because they have been much lower and thus accumulated a surplus. The
surplus is basically over charges to the General Fund and staff is reimbursing the General
Fund and it may be only one time. Staff is recommending that it be used for capital and
not operating costs. The City Manager stated it is possible if we continue to have good
experience that another surplus could be built that could be used in a similar manner. Mr.
Safford concurred with the City Manager and noted that the reason for the surplus was
because in that three year period there were hurricanes and all the property damage was
coming from hurricane damage and not from other types of damage. In addition, Mr.
Safford stated there were very low worker's compensation claims, etc.
The City Manager stated again we are not committing to the projects at
this point but are talking about transferring the money into the General Construction
Fund and the Commission can decide at a later date about which projects to use the
money for.
Mrs. Montague moved to transfer $1,540,000.00 from the Insurance Fund
Surplus to the General Construction Fund to fund both items, seconded by Mr. Fetzer.
Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -
Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed
with a 5 to 0 vote.
At this point, the time being 7:06 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. RESOLUTION NO. 46-07: Consider approval of Resolution No. 46-07
adopting the preliminary assessment roll for the SW 8`h Avenue Special Assessment
District.
The caption of Resolution No. 46-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PROVIDING
FOR THE CERTIFICATION AND ADOPTION OF THE
PRELIMINARY ASSESSMENT ROLL FOR THE SW
gTH AVENUE SPECIAL ASSESSMENT DISTRICT TO
INCLUDE THOSE PROPERTIES GENERALLY
ABUTTING SW 8TH AVENUE BETWEEN SW 10TH
STREET AND SW 11TH STREET, AS MORE FULLY
DESCRIBED HEREIN; PROVIDING FOR THE
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ASSESSMENT AMOUNT AS TO EACH PROPERTY;
PROVIDING FOR THE METHOD OF PAYMENT OF
THE SPECIAL ASSESSMENT; PROVIDING AN
EFFECTIVE DATE.
office.)
(The official copy of Resolution No. 46-07 is on file in the City Clerk's
Richard Hasko, Director of Environmental Services, stated this is a
resolution for the approval of the assessment roll for the property owners on S.W. 8th
Avenue to participate in the pro-rated construction of the street.
Mayor Ellis declared the public hearing open. There being no one from
the public who wished to address the Commission regarding Resolution No. 46-07, the
public hearing was closed.
Mrs. Montague asked how many property owners are there. In response,
Mr. Hasko stated there are five (5) property owners.
Mr. McDuffie moved to approve Resolution No. 46-07, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr.
Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said
motion passed with a 5 to 0 vote.
10.B. ORDINANCE NO. 25-07: City initiated amendment to the Land
Development Regulations (LDR) Section 2.4.2, "Notice Requirements", Section 2.4.3,
"Submission Requirements", and Section 2.4.3(K), "Fees", to provide for an increase in
the Development Applications, Plan Check Fees and Building Permit Fees.
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
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;
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PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 25-07 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.
Paul Dorling, Director of Planning and Zoning, stated in 2003 the City
Commission directed staff to take a look periodically every two years at the fees and this
is the second year. Staff performed a survey of surrounding municipalities and suggested
that adjustment of 5% across the board for most of the fees is appropriate and this would
put the City of Delray Beach in the mid-range of other similar communities.
Mr. Dorling stated there is more than a 5% increase in a couple of things
including the Comprehensive Plan, rezoning amendments to the Land Development
Regulations (LDR's), Conditional Uses, Abandonment's, and Variances. There is also an
increase from & $750.00 to $850.00 for the review of the Overlay Districts as a result of
the renewed contract with Urban Design Studios. Mr. Dorling stated most communities
charge for advertising and the City's current policy is the City picks up the advertising
cost initially if there is a re-advertise for an applicant because of something they did and
sometimes the initial advertising cost can be as expensive as the entire application fee.
Also, he stated as part of this they have lumped in the building fees and there are some
increases to those fees also consistent with what is charged by other communities. The
plan check fee which is usually collected at the end of the process, now half of that is
required when submitting for the building permit.
At its meeting of July 16, 2007, the Planning and Zoning Board
considered this item and recommended with a 4 to 0 vote for approval.
Mayor Ellis declared the public hearing open. There being no one from
the public who wished to address the Commission regarding Ordinance No. 25-07, the
public hearing was closed.
Mr. Eliopoulos expressed concern over the variance through the Board of
Adjustment (BOA) or the Historic Preservation Board (HPB) and he is leaning towards
HPB. He suggested that this number be increased from $210 to $420 versus the proposed
$500 for the historic variances because it seems that the process is becoming more
expensive for those who live in the historic district. He inquired as to whether or not staff
would consider changing the rate for historic preservation. Mr. Dorling stated in the
historic districts variances are used to encourage some re-use of things and to encourage
preservation of historic structures whereas with the Board of Adjustment (BOA) it is an
outright waiver of something because it is theatrically a hardship. Mr. Eliopoulos made
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reference to page three letter (o) of the ordinance and emphasized he is talking about
variance through the Historic Preservation Board and would like to see this separated
from the variance through the Board of Adjustment.
The City Attorney stated this has been advertised as a second reading and
suggested the Commission pass this ordinance and then they can bring back and amend it
by separating out the variance through the Historic Preservation Board (HPB). The City
Manager suggested that the fee be as low as $250.00.
Mrs. Montague moved to adopt Ordinance No. 25-07 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; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote.
10.C. 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.
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;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 28-07 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 at its meeting of
July 24, 2007, this was presented at first reading and the issue was to increase the parking
meter fees from $0.75 to $1.00 per hour. He stated Ordinance No. 14-90 was the last
ordinance that established that rate at $0.75 and since 1990 to date the expenses for
maintenance replacement of machinery, labor costs to maintain and operate the meters
has increased substantially and staff feels it is time to increase the rate.
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08/21 /07
Mayor Ellis declared the public hearing open. There being no one from
the public who wished to address the Commission regarding Ordinance No. 28-07, the
public hearing was closed.
Mr. Fetzer moved to adopt Ordinance No. 28-07 on Second and FINAL
Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows:
Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes;
Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote.
10.D. 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.
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
AN 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. 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.
Lula Butler, Director of Community Improvement, stated the last time
landlord permit fees were raised was 1993. Staff now has a new in-house process where
staff will be considering increases in fees on an every other year basis. Mrs. Butler
reminded the Commission that this evening in the First Floor Conference Room while the
Commission Meeting has been going on the Landlord Association met for 1 % hours.
Mayor Ellis declared the public hearing open. There being no one from
the public who wished to address the Commission regarding Ordinance No. 30-07, the
public hearing was closed.
Mr. Eliopoulos moved to adopt Ordinance No. 30-07 on Second and
FINAL Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -
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08/21 /07
Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote.
10.E. 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.
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.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this is a City-
initiated amendment to add both the Carver Estates Overlay District and Infill Workforce
Housing Areas to both the Development Standards Matrix for Residential Zoning
Districts and to the "Purpose and Intent" section of the RM (Multiple Family Residential
-Medium Density) zoning district.
At its meeting of July 16, 2007, the Planning and Zoning Board
considered the amendment and the Board recommended approval with a 4 to 0 vote
(Glickstein, Perez-Azua and Pike absent).
Mayor Ellis declared the public hearing open. There being no one from
the public who wished to address the Commission regarding Ordinance No. 24-07, the
public hearing was closed.
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Mr. McDuffie moved to adopt Ordinance No. 24-07 on Second and
FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as
follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -
Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote.
10.F. 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. (THIS ORDINANCE TO BE MOVED TO
FIRST READINGS ONAUGUST 21, 2007AGENDA)
The caption of Ordinance No. 26-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER TWO, "ADMINISTRATIVE
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 PROVDIE
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
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.
The City Attorney read the caption of the ordinance and noted this is a
second first reading.
The City Attorney stated this ordinance reflects guidance by the judge in
the Boca Raton case as to reasonable accommodations and staff received a letter from
Attorney Jim Green and staff added the word "oral" to the ordinance. Staff has
responded to his letter on behalf of Mayor Ellis and feels that this does comport with
departments of law.
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Mrs. Montague moved to approve Ordinance No. 26-07 on First Reading,
seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr.
Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor
Ellis -Yes. Said motion passed with a 5 to 0 vote.
10.G. 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.
The caption of Ordinance No. 27-07 is as follows:
office.)
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
(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.
(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. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this is a City-
initiated amendment to clarify the maximum allowed residential density in the West
Atlantic Neighborhood. 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 no maximum density specified in the Land Development Regulations (LDR's).
However, Mr. Dorling stated in the Comprehensive Plan there is a maximum density of
30 units per acre within the West Atlantic Redevelopment Area. Staff is adding the
language into the Land Development Regulations (LDR's) to make the two consistent.
At its meeting of July 16, 2007, the Planning and Zoning Board
considered this item and the Board recommended approval with a 4 to 0 vote (Glickstein,
Perez-Azua and Pike absent).
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Mayor Ellis declared the public hearing open. There being no one from
the public who wished to address the Commission regarding Ordinance No. 27-07, the
public hearing was closed.
Mr. Fetzer moved to adopt Ordinance No. 27-07 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; Mrs. Ellis -Yes; Mr.
Eliopoulos -Yes. Said motion passed with a 5 to 0 vote.
10.H. ORDINANCE NO. 29-07: An ordinance replacing an existing Florida
Power and Light Company (FPL) Franchise Agreement that is set to expire in 2011.
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.
(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. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Ellis declared the public hearing open. There being no one from
the public who wished to address the Commission regarding Ordinance No. 29-07, the
public hearing was closed.
Mrs. Montague moved to adopt Ordinance No. 29-07 on Second and
FINAL Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as
follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos
- Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 7:26 p.m., the Commission moved to Item
11, Comments and Inquiries from the City Manager and the Public.
11.A. City Manager's response to prior public comments and inquiries.
The City Manager had no response to prior public comments and
inquiries.
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11.B. From the Public.
11.B.1. Ed McCall, 3909 Meadows Drive, Delrav Beach, expressed concern
over Item 9.M., Public Comments/FY 2008 Proposed Budget of the Regular Agenda and
asked if he missed speaking on this item.
Mayor Ellis stated all Public Hearings begin at 7:00 p.m. and explained
that the Commission has to stop the Regular Agenda at 7:00 p.m. move to the public
hearing items because they are advertised at that time. As soon as these public hearings
are finished the Commission will go back to the Regular Agenda.
11.B.2. Alice Finst, 707 Place Tavant, Delrav Beach, stated she was a little late
arriving to the meeting this evening because she decided to stay home and see the
beginning of the City Commission meeting on video streaming. She stated it was
difficult to fmd on the new City website because of the way it is set up and noted that the
video streaming is not a prominent feature. She stated getting into the website and
navigating through the new City website is difficult. Mrs. Finst stated when you finally
get what you need there is no Agenda posted so you have no idea what is happening in
the meeting. Mrs. Finst suggested that the Commission consider doing this on cable. In
addition, Mrs. Finst stated she tried to listen to the meeting on her car radio and all she
heard were the Public Information Officer and a woman speaking Creole giving out City
information. However, Mrs. Finst stated she never found the City Commission Meeting
on 1620 am. Mrs. Finst stated the Commission had a great opportunity last week to
broadcast the City Commission Workshop Meeting, since the meeting was held in the
Commission Chambers, and the Planning and Zoning Board Meeting with an 1
discussion on the historic guidelines. Mrs. Finst urged the Commission to broadcast the
City Commission Workshops, broadcast the Planning and Zoning Board meetings and the
City Commission meetings and look into what it takes to get these meetings on cable
television and radio.
The City Manager stated the City is working on the radio broadcast;
however, staff does not have all the hardware in place to do it. Mayor Ellis stated the
video streaming is working very well but it is the City's website that is under
modification and it is being completely redone to establish those links.
Mr. Eliopoulos stated when he was away he used the video streaming and
although there were some problems with the audio it was actually easy to work. He
stated the City Commission Workshops are typically held in the conference room and
agreed that on every item at the Planning and Zoning Board Meeting, there was a lot of
information being said. Mr. Eliopoulos stated he is not sure he would disagree with Mrs.
Finst's suggestion. However, he stated he is not sure how you can start video streaming
for one Board versus the next Board and asked for direction from the City Manager. Mr.
Eliopoulos commented about the cable being rather costly.
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08/21/07
The City Manager concurred that the cable would be rather pricy and
stated the technology is changing so rapidly with the telephone companies not being able
to get into the cable business and there would be so many providers.
Mrs. Montague stated she does not fully agree with the cable because she
feels we are moving away from that and it is cost prohibitive right now. She stated she
would rather put our dollars, energy, and time into doing the best video streaming and
making sure it is as available as we can make it for the citizens.
Mayor Ellis stated the City's website was www.mydelraybeach.com and
the Chamber's website was www.delraybeach.com and through a mutual agreement, the
City of Delray Beach has decided that delraybeach.com will be the City's new website
and will provide links to other agencies (i.e. Chamber, Old School Square, Library, etc.).
She stated this is in the process with getting all of these organizations to work together
and make this work. Mayor Ellis stated the technology is proving to be a challenge but
staff is working on this very diligently. She stated the video streaming is very clear and
as long as the Commission is talking into the microphones the audio works very well.
At this point, the time being 7:35 p.m., the Commission moved to Item
12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 32-07: An ordinance amending Chapter 35,
"Employee Policies and Benefits", Subheading "Retirement Plan", of the Code of
Ordinances by amending Section 35.097, "Retirement Income; Basis, Amount and
Payment", providing up to one (1) additional year of credited service for certain
employees who elect to terminate City employment and retire on or before September 30,
2007. If passed, a public hearing will be scheduled for September 4, 2007.
The caption of Ordinance No. 32-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 35, "EMPLOYEE POLICIES
AND BENEFITS", SUBHEADING "RETIREMENT
PLAN", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 35.097, "RETIREMENT
INCOME; BASIS, AMOUNT AND PAYMENT",
PROVIDING UP TO ONE ADDITIONAL YEAR OF
CREDITED SERVICE FOR CERTAIN EMPLOYEES
WHO ELECT TO TERMINATE CITY EMPLOYMENT
AND RETIRE ON OR BEFORE SEPTEMBER 30, 2007;
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PROVIDING A GENERAL REPEALER CLAUSE; A
VALIDITY CLAUSE; AND AN EFFECTIVE DATE.
office.)
(The official copy of Ordinance No. 32-07 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Mr. Fetzer moved to approve Ordinance No. 32-07 on FIRST Reading,
seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mrs.
Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr.
McDuffie -Yes. Said motion passed with a 5 to 0 vote.
12.B. ORDINANCE NO. 33-07: An ordinance amending Chapter 96, "Fire
Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation
Fees", Subsection No. 96.66(A) of the Code of Ordinances to adjust the fee schedule for
emergency medical transportation in accordance with the National Ambulance Fee
Schedule. If passed, a public hearing will be scheduled for September 4, 2007.
The caption of Ordinance No. 33-07 is as follows:
office.)
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 96, "FIRE SAFETY AND
EMERGENCY SERVICES", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
BY AMENDING SECTION 96.66. "EMERGENCY
MEDICAL TRANSPORTATION FEES", SUBSECTION
96.66(A), TO ADNST THE FEE SCHEDULE FOR
EMERGENCY MEDICAL TRANSPORTATION IN
ACCORDANCE WITH THE NATIONAL
AMBULANCE FEE SCHEDULE; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE
AND AN EFFECTNE DATE.
(The official copy of Ordinance No. 33-07 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Mr. Eliopoulos moved to approve Ordinance No. 33-07 on FIRST
Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows:
Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs.
Montague -Yes. Said motion passed with a 5 to 0 vote.
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At this point, the time being 7:37 p.m., the Commission moved back to
Item 9.E. of the Regular Agenda.
9.E. FY 2008 GOLF RATES/MUNICIPAL GOLF COURSE: Consider
approval of the proposed FY 2008 maximum golf rates for the Municipal Golf Course.
Robert A. Barcinski, Assistant City Manager, stated the City Commission
is requested to approve the proposed maximum rates for fiscal year 2008 for the Delray
Beach Municipal Golf Course. The proposed maximum rate schedule for the municipal
course, along with a rate comparison with other municipal courses which reflects current
year pricing and additional information on rate philosophy is attached to staff's
memorandum. Rate increases range from 0% to 10.5% for permit cart fees (in season)
and are based on market conditions. Golf fees, except for prepaid green fees, are in line
with other golf courses. Maximum rates would be the highest rates that would be
charged.
Cindy Doll, Vice President/Comptroller of JCD Sports Group, Inc.,
stated the Golf Course does offer summer memberships every year. She stated they do
not sell a lot of these memberships because there is not a lot of interest but they do start
pro-rating in February so that residents can get a better rate for the summer. Ms. Doll
confirmed with Mr. Eliopoulos that these special memberships are not offered in the
winter because the Golf Course would actually lose money.
Mr. Fetzer moved to approve the proposed maximum rates for fiscal year
2008 for the Delray Beach Municipal Golf Course, seconded by Mrs. Montague. Upon
roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr.
McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5
to 0 vote.
9.F. FY 2008 GOLF RATES/LAKEVIEW GOLF COURSE: Consider
approval of the proposed FY 2008 maximum golf rates for the Lakeview Golf Course.
Robert A. Barcinski, Assistant City Manager, stated the City Commission
is requested to approve the proposed maximum rates for fiscal year 2008 for the
Lakeview Golf Course. The proposed maximum rate schedule for the Lakeview Golf
Course for fiscal year 2008, along with a rate comparison which reflects current rates for
other like golf courses is attached to staff's memorandum. Rate increases proposed
average between 3% and 8%. Fees proposed are in line with other comparable courses.
The maximum rates would be the highest rate that would be charged.
Mr. Eliopoulos moved to approve the proposed maximum rates for fiscal
year 2008 for the Lakeview Golf Course, seconded by Mr. Fetzer. Upon roll call the
Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -
Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote.
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9.G. FY 2008 TENNIS RATES/TENNIS FACILITIES: Consider approval
of the proposed FY 2008 maximum tennis rates for the Tennis Facilities.
Robert A. Barcinski, Assistant City Manager, stated the City Commission
is requested to approve the proposed maximum rates for fiscal year 2008 for the Tennis
Facilities. The proposed maximum rate increases for the Tennis Facilities for fiscal year
2008, along with a rate comparison which reflects current rates with other facilities is
attached to staff s memorandum. Proposed rate increases for membership range from 0%
to 3.0% for Highland Beach membership. Increases are also proposed for court use, light
use and lessons. All rates proposed are based on market conditions. All rate increases
proposed are based on market conditions. The maximum rates can be reduced based on
market conditions.
Mr. McDuffie moved to approve the proposed maximum rates for fiscal
year 2008 for the Tennis Facilities, seconded by Mrs. Montague. Upon roll call the
Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis
- Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote.
9.H. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD:
Appoint three (3) regular members to the Historic Preservation Board to serve two (2)
year terms ending August 31, 2009. Based upon the rotation system, the appointments
will be made by Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2) and
Commissioner McDuffie (Seat #3).
Mr. Eliopoulos moved to reappoint Joann Peart as a regular member to the
Historic Preservation Board (HPB) to serve a two (2) year term ending August 31, 2009,
seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mrs.
Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr.
McDuffie -Yes. Said motion passed with a 5 to 0 vote.
Mr. Fetzer stated he would like to defer his appointment to the Regular
City Commission Meeting of September 4, 2007.
Mr. McDuffie moved to appoint Rhonda Sexton as a regular member to
the Historic Preservation Board (HPB) to serve a two (2) year term ending August 31,
2009, seconded by Mrs. Montague. Upon roll call the Commission voted as follows:
Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs.
Montague -Yes. Said motion passed with a 5 to 0 vote.
9_I. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY
COUNCIL: Appoint one (1) regular member to the Neighborhood Advisory Council for
Zone 1 for an unexpired term ending October 31, 2007. Based upon the rotation system,
the appointment will be made by Commissioner Fetzer (Seat #2).
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Mr. Fetzer moved to appoint Gaston Joseph as a regular member to the
Neighborhood Advisory Council (NAC) for Zone 1 for an unexpired term ending
October 31, 2007, seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -
Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote.
9.J. APPOINTMENTS TO THE PLANNING AND ZONING BOARD:
Appoint three (3) regular members to the Planning and Zoning Board to serve two (2)
year terms ending August 31, 2009. Based upon the rotation system, the appointments
will be made by Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2) and
Commissioner McDuffie (Seat #3).
Mr. Eliopoulos moved to reappoint Chuck Halberg as a regular member to
the Planning and Zoning Board (P&Z) to serve a two (2) year term ending August 31,
2009, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr.
Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr.
Eliopoulos -Yes. Said motion passed with a 5 to 0 vote.
Mr. Fetzer moved to reappoint Francisco Perez-Azua as a regular member
to the Planning and Zoning Board (P&Z) to serve a two (2) year term ending August 31,
2009, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr.
McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr.
Fetzer -Yes. Said motion passed with a 5 to 0 vote.
Mr. McDuffie moved to appoint John Miller as a regular member to the
Planning and Zoning Board (P&Z) to serve a two (2) year term ending August 31, 2009,
seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs.
Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr.
McDuffie -Yes. Said motion passed with a 5 to 0 vote.
9.K. APPOINTMENTS TO THE SITE PLAN REVIEW AND
APPEARANCE BOARD: Appoint two (2) regular members to the Site Plan Review
and Appearance Board to serve two (2) year terms ending August 31, 2009 and one (1)
regular member to serve an unexpired term ending August 31, 2008. Based upon the
rotation system, the appointments will be made by Commissioner Fetzer (Seat #2),
Commissioner McDuffie (Seat #3) and Commissioner Montague (Seat #4).
Mr. Fetzer moved to reappoint Connor Lynch as a regular member to the
Site Plan Review and Appearance Board (SPRAB) to serve a two (2) year term ending
August 31, 2009, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as
follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -
Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote.
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Mr. McDuffie moved to reappoint Andrew Youngross as a regular
member to the Site Plan Review and Appearance Board (SPRAB) to serve a two (2) year
term ending August 31, 2008, seconded by Mr. Fetzer. Upon roll call the Commission
voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs.
Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote.
Mrs. Montague stated she would like to defer her appointment to the
Regular City Commission Meeting of September 4, 2007.
At this point, the time being 7:47 p.m., the Commission moved to Item
9.M. of the Regular Agenda.
9.M. PUBLIC COMMENTS/FY 2008 PROPOSED BUDGET: The City
Commission will hear public comments, if any, regarding the FY 2008 Proposed Budget
at this time.
Ed McCall, 3909 Maurice Drive, Delray Beach, stated in 2001 before
the real estate values went up the population (he obtained the information from the City
today) of the City of Delray Beach was a little over 60,000 and in 2006 the population
was a little over 64,000 about a 5% increase. The number of City of Delray Beach
employees was 754 and at the end of 2006 there were 818 employees. He stated there
was a 35 hundredth increase in population and an increase of 64 employees. Mr. McCall
stated meanwhile the tax revenues for the City were $26 million in 2001 and at the end of
2006 there was over $58 million (a 124% increase in real estate tax revenues). He stated
in five years the real estate tax revenues increased over $32 million. Mr. McCall stated
he knows the State is trying to help out the City of Delray Beach and he urged the
Commission to do something in the City's budget to help the residents with the real estate
values. He stated the insurance went up but not as much as the real estate taxes and feels
a lot of this can be controlled by the City.
Mayor Ellis stated the City of Delray Beach has set a millage rate at the
State mandated rate which was rolled back to last year's and a 9% penalty that the City of
Delray Beach has to reduce its budget by $10 million.
9.L. DISCUSSION/PROPOSED BUDGET FY 2008: Discussion regarding
proposed budget for FY 2008 for the following:
• Suggested adjustments to proposed budget.
• City Commission
• City Manager
• City Attorney
• Human Resources
• City Clerk
• Finance
• Police
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• Fire-Rescue
Mr. McDuffie asked the City Manager to describe the difference between
"Other Professional Services" and "Other Contractual Services". The City Manager
stated "Other Contractual Services" were the lobbyist services where "Other Professional
Services" were the contracts the Commission had with Coletta and Company to do the
Cultural Plan.
Mr. McDuffie asked if the Commission discussed an across the board
salary freeze. The City Manager discussed a freeze; however, the last thing staff
discussed with the Commission was to allow 3% for salary increases overall.
Mr. McDuffie asked if he is correct to assume that they are comparing the
2007 revised column with the Manager's recommendation column to give an accurate
comparison of the increase. The City Manager stated the revised 2007 includes the mid-
year adjustments.
Mr. Eliopoulos asked what the memberships include for the City
Commission budget. The City Manager stated the largest part of that is the Palm Beach
County League of Cities in excess of $20,000.00 and this is based on population
primarily and it also has a factor for the tax roll. The Florida League of Cities is
$6,390.00; the Innovation Groups is $4,090.00; Palm Beach County League of Cities is
$16,280.00; and the National Forum for Black Public Administrators is $400.00.
Mr. Eliopoulos stated the Commission is clearly faced with some tough
decisions. He stated he is not sure how the Commission would go about giving directions
with regard to cuts. He stated the only one he sees is where there was talk about freezing
salaries, or do you look at layoffs or perks. Mr. Eliopoulos stated he does not feel he is in
the position where he can look at the budget and suggest to the Chief of Police and advise
him where to cut because he does not know enough about what they need. Therefore,
Mr. Eliopoulos stated he depends on department heads to come back to the Commission
on how they can get the numbers down. Mr. Eliopoulos stated it would be a temporary
fix with regard to freezing salaries but he feels that the City needs to get creative because
in January 2008 the City could get hit with more. Mr. Eliopoulos stated as he reviews
that budget he does not know how he can give advice on some of the tougher ones as a
division is run because he depends on the staff.
Mayor Ellis stated we all depend on the staff and the City Manager to
meet the millage rate that the Commission has set and she noted who knows better than
the department heads who know where the cuts can be. She stated the first meetings with
the department heads they were instructed to reduce their budget by 15% from the
previous year and Level 1 is at that 15% reduction.
Mr. McDuffie stated he challenged himself to go through the budget line
item by line item and he did not finish. He stated he spent 12 % hours and he got through
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202 pages of the General Fund. Mr. McDuffie stated he is a management science major
with a heavy accounting background who sold budgetary accounting systems and he is
now Manager of Information Technologies for the Palm Beach County Property
Appraiser. Mr. McDuffie suggested that the budget be presented electronically on a CD
or DVD in some standardized formats (i.e. spreadsheets) where the Commission could
actually compare year to year budgets line item by line item including the account
numbers and it would be an easier and better way for the Commission to analyze
something that is just enormous. He stated going through the budget line item by line
item is an overwhelming task; however, he feels he has a responsibility to the people who
elected him and to the citizens of the City to do just that.
Mr. Fetzer stated he would like to clarify that the City of Delray Beach
does not use the City of Boca Raton as our model. He stated with regard to comments he
made at the Workshop Meeting last week the point he was trying to make is that as the
Commission goes through the budget process particularly with the unknowns of what will
happen in January 2008 after the referendum the City of Delray Beach has a
responsibility to only fund positions that are absolutely essential to provide the services
that the City is required by its residents to provide. He would like to look at every
position in the City whether it is a vacant position or one that is filled that would have to
be eliminated if it is not a critical position. Mr. Fetzer stated he feels a strong
responsibility to do this through the budget process. He stated the Community
Redevelopment Agency (CRA) is going to help the City of Delray Beach with some of
the library funding he was concerned about. Mr. Fetzer reiterated that his expectation of
City staff is that as we go through the budget process that we continue to look hard at
every position that we have.
Mr. Fetzer stated we did away with the Federal Lobbyist and there was a
proposal to do away with our State Lobbyist and asked if this has been taken out of the
budget. The City Manager stated the State Lobbyist has been taken out of the budget.
Mr. Fetzer stated he thought more about this issue and feels this is the right thing to do
because the State does not have money to fund the City so why would the City pay a
State Lobbyist.
Mrs. Montague stated staff started with the budget the beginning of May
and she met with the City Manager since the Commission received the first copy of the
budget and they went through the budget line item per line item. She stated when you are
first reviewing each area you have to look at comparisons between 2006 and the various
levels for 2007 where a Level 1, 2 & 3 you can see where cuts were made. By way of
staffs recommendations, some things did not meet others so some numbers at Level 1,
some may be between Level 1 & Level 2 and some may be zeroed out. Mrs. Montague
stated without micromanaging the entire staff it is a difficult if not impossible task. She
stated the Commission is in the later stages of the budget which makes it almost
impossible for the Commission to do. Therefore, Mrs. Montague stated the Commission
has to rely on the fact that staff has made the proper decisions and do the best they can in
terms of sighting specific items. Mrs. Montague expressed concern over the educational
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tools that have normally been used have been taken away. She stated in some point in
time she is hopeful that staff can bring the educational tools back into the budgets. Mrs.
Montague stated the other thing she found helpful is that if you see something specific to
write it down and actually call the department head. She stated she did this and received
direct answers from some of the department heads who were able to explain to her why
they recommended what they did and she felt that discussing this one-on-one was very
helpful.
Mayor Ellis asked if there were any changes to this on the subsequent
information and believes this one did not have any corrections to it. The City Manager
stated there was a little bit of travel and training that was added back in.
Mr. Eliopoulos commented about the 3% increase to the salary wages.
Mr. Fetzer stated what he found to be very helpful was the overview that
the City Manager gave the Commission to begin with and an executive summary of
where the cuts were coming from. He stated since then we have gone through several
things that have been added back in and things that have been taken back out and found
some additional revenue. Mr. Fetzer stated it would be very helpful to have the overview
updated so that the Commission can see where they stand now after the manipulation of
the numbers.
Mr. McDuffie asked how the take home automobiles are accounted for in
the budget. He stated there is a $9,310.00 car allowance in the City Manager's budget.
The City Manager stated this is an allowance and there are no City cars assigned. The
City Manager stated he receives an allowance and both Assistant City Managers receive
an allowance. Mr. McDuffie stated when talking about other department heads who
actually have City automobiles that are take home automobiles are they accounted for in
that departmental budget. The City Manager stated those vehicles are accounted for but
in a different way and these are under "vehicle rental charge" and "vehicle maintenance".
The City Manager stated the Public Information is also part of the City Manager's
budget. The Public Information is added back in and the BRET (Boca Raton Educational
Television, Inc.) contract has been taken out and other minor reductions.
The City Commission briefly reviewed the City Attorney's budget.
The City Commission briefly reviewed the Human Resources budget and
noted this budget is between Level 1 and Level 2. Mr. Fetzer commented that there are
pretty significant decreases in "Other Professional Services" and Mr. McDuffie stated he
showed an overall budget reduction of $34,648.00 which was a 5% budget reduction;
however, salary shows a 12.43% increase unless this is not the correct number. The City
Manager stated there is a part-time position that is going to full-time. Mr. Eliopoulos
asked what encompasses the special events. The City Manager stated the entire line item
is the S.P.I.R.I.T. Program which includes the barbeque, S.P.I.R.I.T. quarterly awards,
S.P.I.R.I.T. Employee of the Year Award, S.P.I.R.I.T. sighting awards, trophies for
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quarterly awards, other S.P.I.R.I.T. promotional items. Mayor Ellis inquired about the
Level II software. The City Manager stated Human Resources is requesting the software
so they can get rid of some of their manual functions.
The City Commission briefly reviewed the City Clerk's budget and Mr.
McDuffie stated if his numbers are correct he shows an 8.88% salary reduction with the
same manpower and a total of $130,280.00 and a 19.03% total budget reduction. The
City Manager stated that was with removing a position which has been added back in and
therefore the City Clerk's office is funded at Leve12 now. Mr. Fetzer inquired about the
funding for the paperless agenda. The City Clerk stated the installation dates are
September 17-19, 2007.
Mr. McDuffie stated the Finance Department was within the guidelines
with a 2.5% salary increase and a 2.03% budget reduction. Mr. Eliopoulos inquired
about the City's Health Insurance. The City Manager stated the City pays for employees
but does not pay anything for dependents. He stated in some other jurisdictions the
employee pays part of the employee share but the jurisdiction also pays part of the
dependent share. The City Manager stated going forward the City may have to look at
having the employees pick up a portion of the health insurance. Mr. McDuffie stated this
is a huge portion of compensation and in corporate America they started slashing it a long
time ago. The other thing that was being looked into was consumer driven health care
and staff is working with Cigna Healthcare on various approaches to introducing that
which has potential savings for the City.
The City Manager stated at one of the sessions at the Florida League of
Cities Conference on budget matters a City had very good luck with using a Blue Ribbon
Task Force to look at their budget and they found it was a very good education source to
get leaders in the community to work on the budget and really understand the limitations
within which the City has to operate and what the costs are and share the information as
well as coming up with ideas for savings. The City Manager stated he would recommend
not waiting until January 2008 but in preparation for this we should be thinking of doing
something like this.
Mr. Eliopoulos stated there are a lot of things the City invests in that the
businesses benefit from and they do not realize that they do. He feels that any kind of
Blue Ribbon Task Force to help educate the private sector and the public helps.
The City Manager stated staff can make some suggestions about the
number of people to appoint and whether or not the Commission wishes to appoint them
individually. The City Manager stated staff can add this to the discussion at the
SpeciaUWorkshop Meeting on August 28, 2007.
The City Manager stated Commissioner Fetzer had expressed concern that
five positions would remain vacant in the Police Department. The City Manager stated
he asked the Police Department to tell him the number of vacancies they had on the first
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day of each month over the last year and noted the following: September 1, 2006 - 4
vacancies; October 1, 2006 - 8; November 1, 2006 - 9; December 1, 2006 - 12; January
1, 2007 - 11; February 1, 2007 - 7; March 1, 2007 - 6; April 1, 2007 - 5; May 1, 2007 -
8; June 1, 2007 - 7; July 1, 2007 - 9; August 1, 2007 - 7. The City Manager stated it is
those kinds of numbers that make him believe that the City can safely take the money out
for those five positions and use it to fund the three positions they were going to lose and
the overtime that was not funded that they really need. The City Manager stated he and
Chief Schroeder stated if they get to the place where they can fill some of those five
positions then staff will take a hard look at the budget and try to come up with the dollars
at that point. The City Manager stated odds are the City will average approximately five
vacancies a year based on years of experience. Mr. McDuffie asked in the recruiting
process if Chief Schroeder is finding new officers that go through the Police Academy or
is the City of Delray Beach able to attract experienced officers. Chief Schroeder stated
some of the officers are from the north and come down here and cannot find a home and
therefore decline and move back up north. Chief Schroeder stated the majority are young
officers coming through the academy. Mr. Eliopoulos asked how long it takes before the
officer is on the street after completing the Police Academy. Chief Schroeder stated the
process takes 11 % months.
Mr. McDuffie commented that District 1, 2, & 3 got rolled up back into
the operations. Chief Schroeder stated this also includes investigations.
The City Manager stated there was a position in Fire Safety that had been
deleted but it is now added back in. Mrs. Montague asked where the C.E.R.T. Program
falls under and whether or not the program has been added back into the budget in its
entirety. The City Manager explained that the C.E.R.T. Program falls under the Fire-
Rescue Department and this has been added back in at least enough to keep the program
going.
Mr. McDuffie inquired about Highland Beach. Chief Koen stated
Highland Beach is billed annually.
Mr. Eliopoulos asked when the contract is up with the Town of Gulf
Stream. Chief Koen stated the City of Delray Beach has a contract with the Town of
Gulf Stream and he believes we have another 3-4 years before renewal. Chief Koen
stated 23-24% of their total budget is offset with revenues through Interlocal Agreements
with Highland Beach and Gulf Stream as well as the stipend we receive from the Solid
Waste Authority for hazardous materials and the revenues from the EMS transport
receiving approximately $1.5 million.
Mr. Eliopoulos asked when the Fire Department had their mold issue what
fund did this come out of. The City Manager stated this came out of the General
Construction Fund. Mr. Eliopoulos stated he is looking in the future as to how we can
get funds for some of the Fire Department's buildings because unfortunately the way they
are being fixed right now the City will be fixing them again. He stated for example Fire
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Station #1 was just repaired; however, the way the building has been designed and built
he predicts that there will be leaks again.
At this point, the time being 8:53 p.m., the Commission moved to Item
13, Comments and Inquiries on Non-Agenda Items.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager
The City Manager had no comments and inquiries onnon-agenda items.
13.B. City Attorney
The City Attorney had no comments and inquiries on non-agenda items.
13.C. City Commission
13.C.1. Mr. McDuffie
Mr. McDuffie stated he ran into some people who are running a task force
in facility communications among all law enforcement agencies in Palm Beach County.
He stated there happen to be two people in his sister IT group in Palm Beach and they
were incredibly complimentary to the point of saying that Delray Beach is one of the best
police agencies they have ever worked with in this County.
Secondly, he had the opportunity to meet with Congressman Klein at a
Town Hall Meeting held at Florida Atlantic University. Mr. McDuffie stated it was a
very nice evening and he came away incredibly impressed with Congressman Klein. Mr.
McDuffie stated Congressman Klein made statements to him and to the Mayor of
Coconut Creek along with some of the State representatives that in spite of some good
intentions at the State level he did not think that there was a good understanding of what
they had done to the cities and counties. Mr. McDuffie stated Congressman Klein was
very supportive and offered to host any of the Commissioners in Washington. Mr.
McDuffie stated it was very educational and it created a relationship with that office in
Washington that might be beneficial to the City of Delray Beach in the future.
13.C.2. Mrs. Montague
Mrs. Montague stated she had a wonderful trip to Orlando where the
Florida League of Cities Conference was held. She spent many days and nights with
Mayor Ellis and the City Manager and stated the conference was very educational in
terms of the property tax issues. Mrs. Montague stated she has a much more global
perspective of what cities around the State are going through and noted many are facing
devastation.
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Secondly, she stated the City received a compliment from a West Palm
Beach Commissioner.
13.C.3. Mr. Fetzer
Mr. Fetzer had no comments or inquiries on non-agenda items.
13.C.4. Mr. Eliopoulos
Mr. Eliopoulos stated he and Commissioner McDuffie attended the
Chambers First Teacher Banquet which was great. He stated it is very exciting seeing
those first year teachers.
Secondly, he stated we keep hearing about the real estate market and how
bad it is. Mr. Eliopoulos encouraged everyone to look for the story on Larry King Live
where they actually had a Delray Beach caller talking about buying a house and asked
what they should do. Donald Trump called in and said he knows Delray Beach and
commented that if he were to buy something right now in the State of Florida it would be
in Delray Beach because Delray Beach will be the first one to bounce back out of this
economy.
Mr. Eliopoulos stated he read the email with regard to the employee
benefits and is hoping that this can be resolved.
He commented about the parking meters and would like to see if we need
to add more parking meters downtown. Mr. Eliopoulos expressed concern that the City
will have parking garages and nobody will park in them. He commented that you want
people to go into those garages and suggested that a study be done in an effort to get
people to use the parking garages.
Mrs. Montague asked if staff has checked on the maintenance scheduling
(i.e. broken parking meters). She stated the Commission has received emails about
broken parking meters and noted if they are broken then they are not earning any revenue
for the City and noted this is frustrating for the people that are utilizing the parking
meters. The City Manager stated the parking meters are checked 2-3 times a week and
sometimes people like to put surf wax in the slots and other things that mess them up. He
stated most of the problems seem to occur on the weekends and reiterated that the
parking meters are usually checked 2-3 times a week.
13.C.5. Manor Ellis
Mayor Ellis stated it was a very busy week and noted that the two days of
strategic planning were very effective. She stated on Wednesday she went up a day early
to Orlando to attend the State Mayors' Conference. Mayor Ellis stated she found it to be
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very educational to be in session all day with Mayors from all over the State of Florida
facing every possible conclusion that these State mandated property taxes can do to
anyone. She stated when they talked about the issues for the January Ballot everyone had
a different opinion so she found it difficult to come away from this with a consensus.
Mayor Ellis stated there were a dozen different opinions that were being floated around
by Mayors across the State as to what was going to happen in January 2008. Mayor Ellis
stated she concurs that cutting the State Lobbyist is one of things Delray Beach needs to
do and therefore we have to be more in touch with our own State Legislators to let them
know what our issues are and how they can help us. Mayor Ellis stated it was a real
learning experience and the following meetings with the League of Cities were very
educational and broadened the horizons about municipal government and what the
possibilities are. She stated at the Mayors' Conference City of Boca Raton Mayor Steve
Abrams was there and he stated as long as he has been Mayor he is the only one from
Boca Raton that ever goes to the League of Cities meeting. Mayor Ellis stated she feels
we get as good of information as we get from the lobbyist we had. She stated they do
provide a good service and she feels the fees paid to the League of Cities are more
justified than what we get back from the State Lobbyist.
There being no further business, Mayor Ellis declared the meeting
adjourned at 9:06 p.m.
~.
City Clerk
~ ~~
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on August 21, 2007, which Minutes were formally approved and adopted by the City
Commission on September 4, 2007
C ` J .C \V r~
City Clerk
-37-
08/21 /07
NOTE TO READER•
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
-38-
08/21/07
a
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR LAST RESORT SALOON
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This conditional use request has come before the City Commission on
August 21, 2007.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for Last
Resort Saloon. All of the evidence is a part of the record in this case. Required findings
are made in accordance with Subsections I and II.
I. COMPREHENSIVE PLAN
a. Comprehensive Plan -Future Land Use and Map: Is the future use and
intensity of the development consistent with the future land use map and
comprehensive plan and is it appropriate in terms of soil, topographic, and other
applicable physical considerations, complementary to adjacent land uses, and fulfills
remaining land use needs?
Yes 5 No 0
b. Concurrence: Concurrency as defined pursuant to Objective B-2 of
the Land Use Element of the Comprehensive Plan must be met and a determination
made that the public facility needs of the requested land use and/or development
application will not exceed the ability of the City to fund and provide, or to require the
provision of, needed capital improvements for the following areas:
Are the concurrency requirements met as respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Yes 5 No 0
~~em Q.A
11. LDR REQUIREMENTS:
a. LDR Section 2.4.5(E) Required Findings: (Conditional Use): Pursuant
to Section 2.4.5{E)(5}, in addition to provisions of Chapter 3, the conditional use will not:
i. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
ii. Hinder development or redevelopment of nearby
properties.
Will Section 2.4.5(E)(5) be met?
Yes 5 No 0
b. LDR Section 4.3.3(W)(2)(c) Findings: In addition to any findings
required by Section 2.4.5{E) of the Land Development Regulations, and any. other
required findings, the following specific findings shall be made in order for any 24-Hour
oriate night business to be approved for a conditional use:
1. That the use will be consistent with Housing Element A-12.3 of the
Comprehensive Plan of the City of Delray Beach.
2. That the submitted security plan contains measures adequate to reasonably
protect the safety of patrons, employees and nearby residents.
3. That the amount and type of proposed buffering is adequate to minimize the
effects of noise impacts upon surrounding uses and nearby residential
properties and to act as a visual buffer to the property from surrounding uses
and nearby residential properties.
Will Section 4.3.3(W)(2)(c) be met?
Yes 5 No 0
3. The comments and notes set forth in the staff report are hereby
incorporated herein.
4. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the conditional use request was submitted.
5. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
6. Based on the entire record before it, the City Commission approves X
denies the conditional use request subject to conditions set forth below and as
contained in the Staff Report.
1. That the timing for the three (3) existing parking lot lights currently
operating from dusk to midnight be modified to operate from dusk
to 3:00 a.m.; and,
2. That if the business operation is modified to provide anight/dance
club and live entertainment, a conditional use modification must be
approved.
The City Commission hereby adopts this Order this 21 S~ day of August, 2007, by
a vote of 5 in favor and 0 opposed.
Ri a Ellis, Mayor
ATTEST:
Chevelle Nubin
City Clerk
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
EXTENSION REQUEST FOR CONDITIONAL USE APPROVALS GRANTED TO 5th
AVENUE AT DELRAY FOR HEIGHT AND DENSITY (THE EXTENSION REQUEST)
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. The above named conditional use extension request has come before the
City Commission on August 21, 2007.
2. This conditional use extension request comports with the future land use
element, is concurrent with the Comprehensive Plan and is consistent with the goals,
policies and objectives of the City's Comprehensive Plan.
3. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use extension request for
the 5th Avenue Development. All of the evidence is a part of the record in this case.
Required- findings are made in accordance with LOR Section 2.4.4(F)(1) and (F)(2).
4. Section 2.4.4(F)(1 } requires certain preliminary requirements to be met,
such as:
A written request submitted at least 45 days prior to the expiration date;
The request must set forth the basis and reason for the extension;
The request must be considered by the same body that granted the approval;
The extension, if granted, shall be for a term of 18 months unless otherwise
stated.
Have the preliminary requirements of Section 2.4.4(F)(1) been met?
Yes 5 No 0
5. In making a determination under LDR Section 2.4.4(F)(2) the Commission
shall consider the following regarding the diligence and good faith of the Developer:
When the construction commenced;
The extent to which construction has proceeded;
~~em q. B
The extent to which there has been a bonafide continuous effort to develop but
because of circumstances beyond the control of the developer, it was not
possible to meet the 25% standard.
Has the Developer shown diligence and good faith to commence and
complete construction of the 5th Avenue Development Project?
Yes 5 No 0
6. The comments and notes set forth in the staff report are hereby
incorporated herein.
7. The City Commission has applied the LDR requirements in existence at
the time the conditional use extension request was submitted.
8. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
9. Based on the entire record before it, the City Commission approves X
denies the conditional use extension request to allow the previous conditional use
approval to be valid until February 1, 2009 subject to removal of the condition that
states:
That the applicant has the site's slopes stabilized, the site seeded and
watered until the grass is established and the perimeter construction fence
removed until construction is imminent.
The City Commission hereby adopts this Order this 21St day of August, 2007, by
a vote of 5 in-favor and 0
ATTEST:
Chevelle Nubin
City Clerk
oppos
O0..
Rita Ellis, Mayor