02-17-04 MinutesFEBRUARY 17~ 2004
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, February 17, 2004.
1. Roll call showed:
Present -
Commissioner Patricia Archer
Commissioner Bob Costin
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Absent -
None
Also present were -
David T. Harden, City Manager
Susan A. Ruby, City Attorney
Barbara Garito, City Clerk
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Delray South.
The opening prayer was delivered by Reverend Richard Evans with Abbey
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given.
The Pledge of Allegiance to the flag of the United States of America was
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AGENDA APPROVAL.
Ms. McCarthy requested that Item 8.E., Community Development Block
Grant (CDBG} Sub-Recipient Funding Agreement be moved to the Regular Agenda
as Item 9.1. In addition, Ms. McCarthy requested that Item 8.G., Service
Authorization No. 19/Mathews Consulting~ Inc. be moved to the Regular Agenda as
Item 9.J.
Mr. Costin moved to approve the Agenda as amended, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said
motion passed with a 5 to 0 vote.
APPROVAL OF MINUTES:
Mr. Levinson moved to approve the Minutes of the Regular Meeting of
February 3, 2004, seconded by Mr. Costin. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman
- Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote.
Mr. Costin moved to approve the Minutes of the Special Meeting of
February 10, 2004, seconded by Mr. Levinson. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin -
Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
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PROCLAMATIONS:
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Reco~nizin~ Black History Month - February 2004
Mayor Perlman read and presented a proclamation hereby proclaiming the
month of February 2004 as Black History Month. Lula Butler, Director of Community
Improvement, came forward to accept the proclamation.
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PRESENTATIONS:
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Model of New Library - John Callahan III
John Callahan III, Director of the Delray Beach Public Library, unveiled
the model of the new library which will be located on West Atlantic Avenue.
Brief discussion followed between Mr. Callahan and the Commission.
Mr. Callahan stated construction is scheduled to begin April 2004 and will
take approximately one year; and, an additional 2-3 months to get the equipment and
furniture in place. Mr. Callahan stated the model is currently on display in the library
and is being taken to different meetings. Mr. Callahan stated at some point the model
will be brought back to City Hall for display.
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CONSENT AGENDA: City Manager Recommends Approval.
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COMBINED PRELIMINARY/FINAL SUBDIVISION PLAT
APPROVAL/BEXLEY PARK: Approve the subdivision plat for Bexley Park, a 264
unit residential development, located north of Lake Ida Road, between Military Trail and
Barwick Road.
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ACCEPTANCE OF EASEMENT DEED/ENDRES OFFICE
BUILDING: Approve and accept an easement deed from Jude A. Endres for the
maintenance of a sidewalk, located at 137 N.W. 1st Avenue.
8.C. RESOLUTION NO. ll-04/TRANSFER OF PROPERTY: Approve
Resolution No. 11-04 which transfers property located just southeast of Salina Avenue
and Atlantic Avenue to Boston's Inc. to continue to be utilized for parking.
The caption of Resolution No. 11-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
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02/17/04
AUTHORIZING THE CITY TO TRANSFER REAL
PROPERTY IN THE CITY OF DELRAY BEACH,
WHICH PROPERTY IS LOCATED IN THE VICINITY
OF THE INTERSECTION OF ATLANTIC AVENUE
AND A-l-A, AS MORE PARTICULARLY DESCRIBED
HEREIN, TO BOSTON'S, INC. TO BE UTILIZED FOR
PARKING PURPOSES.
(The official copy of Resolution No. 11-04 is on file in the City Clerk's
office.)
8.D. CONTRACT ADDITION/AQUIFER MAINTENANCE AND
PERFORMANCE SYSTEMS, INC.: Approve contract addition to the Well
Rehabilitation and Replacement Project in the amount of $40,000.00 to Aquifer
Maintenance and Performance Systems, Inc. for additional production well rehabilitation
services due to unexpected well/pump failures. Funding is available from 442-5178-536-
61.82 (Well Rehabilitation/Replacement).
8.t.
THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.1.
8.F. EXTENSION/PARKING LICENSE AGREEMENTS:
extension to the current parking license agreements through April 30, 2004.
8.G.
Approve an
THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.J.
8.H. HOUSING REHABILITATION GRANT/CONTRACT AWARDS:
Approve Housing Rehabilitation grant/contract awards through Community Development
Division in the amount of $21,939.75 to South Florida Construction (820 S.W. 5th
Avenue) and $22,863.75 to South Florida Construction (241 N.W. 7th Avenue). Funding
is available from 118-1924-554-49.19 (Community Development/SHIP Grant/Housing
Rehabilitation).
8.1. PURCHASE ORDER INCREASE/FERRIC CHLORIDE: Approve
an increase of $12,000.00 to blanket purchase order #615040 to cover payments for
Ferric Chloride delivery for November and December, 2003. Funding is available from
441-5122-536-52.21 (Water/Sewer Fund/Chemicals).
8.J. PURCHASE ORDER INCREASE/POOL HEATER: Approve an
increase of $16,406.60 to purchase order #617399 for an additional pool heater to be
installed at Pompey Park Pool. Funding is available from 334-6112-519-46.10 (General
Construction Fund/Building Maintenance).
8.K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period February 2, 2004 through February 13, 2004.
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8.L. AWARD OF BIDS AND CONTRACTS:
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Purchase award to Duval Ford in the amount of $33,545.00 via the
Florida Association of Counties Bid #25 for the purchase of one
(1) 2004 Ford F550 Crew Cab and Chassis Community Service
Vehicle to provide improved deployment capability for equipment
and supplies needed to assist residents following fires and other
destructive incidents. Funding is available from 001-2315-526-
64.20 (General Fund/Automotive) and 115-0000-248-64.00
(Special Projects Fund/Fire Rescue).
Purchase award to Vermeer Southeast Sales & Service, Inc. in the
amount of $26,800.00 for the purchase of a TS44A Tree Spade for
the Parks and Recreation Department. Funding is available from
119-4144-572-64.90 (Beautification Trust
Fund/Machinery/Equipment).
Purchase award to Mike Davidson Ford in the amount of
$16,479.00 via the Florida Sheriff' s Association Contract, Florida
Association of Counties Contract, and Florida Fire Chief's
Association Contract #03-11-0825, Specification #14 for the
purchase of a 2004 Ford E-150 Club Wagon for the Fire
Department. Funding is available from 001-2315-526-64.20
(General Fund/Automotive).
Purchase award to Hector Turf in the amount of $38,424.97 via the
General Service Administration (GSA) Contract #GS-07F-8722D
for the purchase of two (2) Toro Greensmaster 3100 Tractor Units
for the Municipal Golf Course. Funding is available from 446-
4761-572-64.90 (Lakeview Golf Course Fund/Other
Machinery/Equipment) and 445-4761-572-64.90 (Municipal Golf
Course Fund/Other Machinery/Equipment).
Contract award to Engineered Environments, Inc. in the amount of
$104,704.00 for the Lifeguard Towers Phase I! project. Funding is
available from 334-6112-519-62.14 (General Construction
Fund/Lifeguard Towers) and 115-0000-248-80.00 (Special
Projects Fund).
Contract award to Randolph and Dewdney Construction, Inc. in
the amount of $80,596.45 for construction of a cemetery
restroom/storage building at the Municipal Cemetery. Funding is
available from 334-6111-519-62.10 (General Construction
Fund/Buildings).
8.M. RESOLUTION NO. 14-04: Approve Resolution No. 14-04 opposing the
proposed constitutional amendment which requires referenda for adoption and
amendment of local government Comprehensive Land Use Plans.
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02/17/04
The caption of Resolution No. 14-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
OPPOSING THE PROPOSED AMENDMENT TO
FLORIDA'S CONSTITUTION KNOWN AS THE
FLORIDA HOMETOWN DEMOCRACY
CONSTITUTIONAL AMENDMENT; PROVIDING
AN EFFECTIVE DATE.
(The official copy of Resolution No. 14-04 is on file in the City Clerk's
office.)
Prior to the roll call, Mr. Levinson stated with regard to Bexley Park, the
City originally asked for a ten acre park and the developer is now deeding back 11.5
acres in park space to the City of Delray Beach.
Mr. Costin moved to approve the Consent Agenda as amended, seconded
by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes;
Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
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REGULAR AGENDA:
0.A.
MACARTHUR FOUNDATION GRANT/REVISED BUDGET:
Consider approval of the revised consulting contract between the City and JEG &
Associates, revised budget, tasks, and the implementation strategy and authorize
submission to the MacArthur Foundation.
Lula Butler, Director of Community Improvement, stated staff
recommends approval of the revised budget, tasks, and consultant contract with JEG &
Associates consistent with the direction from the Commission during the month of
December 2003.
Mayor Perlman stated he is very pleased expanding the representation to
the homeowners groups.
Mrs. Archer moved to approve the revised consultant contract between the
City and JEG & Associates, revised budget, tasks, and the implementation strategy and
authorize submission to the MacArthur Foundation Grant, seconded by Mr. Costin.
Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin -
Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed
with a 5 to 0 vote.
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9.B. RATIFICATION OF THE SISTER CITIES BOARD OF
DIRECTORS FOR 2004: Consider approval and ratification of the proposed slate of
Directors for the Sister Cities Committee for 2004.
Mr. Levinson moved to approve the ratification of the Sister Cities Board
of Directors for 2004 with the exception of John Bennett, (due to a lack of a second,
Mayor Perlman passed the gavel to Vice Mayor Levinson) seconded by Mr. Perlman.
Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - No;
Vice Mayor Levinson - Yes; Ms. McCarthy - No; Mr. Perlman - Yes. Said motion
passed with a 3 to 2 vote, Mrs. Archer and Ms. McCarthy dissenting.
9.C. PARKING MANAGEMENT ADVISORY BOARD (PMAB}:
Consider approval of a modification to the Parking Management Advisory Board
(PMAB) by-laws regarding achieving a quorum.
Paul Dorling, Director of Planning and Zoning, stated the by-laws of the
Parking Management Advisory Board define a quorum as 50% + 1 of the filled positions
of the Board. The Board, having 11 filled positions requires the attendance of seven (7)
members to achieve a quorum. Mr. Dorling stated the proposal is to amend the number
of members to six (6).
Ms. McCarthy suggested having alternate members for this Board and Mr.
Dorling stated staff will schedule this for the next meeting for discussion.
Mayor Perlman inquired as to how the Commission should proceed if they
choose to add an alternate member to the Parking Management Advisory Board. The
City Attorney stated staff would have to amend the by-laws and create a Resolution.
Mr. Levinson moved to approve the modification to the Parking
Management Advisory Board by-laws, seconded by Ms. McCarthy. Upon roll call the
Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy
- Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote.
9.D. DAVIS CUP TIE: Discuss hosting the 2004 Davis Cup Tie to be held
April 9-11, 2004.
The City Manager stated staff believes this is a very competitive proposal
and hopes to receive some funding from Palm Beach County in addition to selling
sponsorships to offset the cost of it. The City Manager stated the proposal would need to
be submitted as soon as possible.
Mr. Levinson moved to proceed with submitting the proposal, seconded
by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson - Yes;
Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said
motion passed with a 5 to 0 vote.
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9.E. REQUEST FOR FINANCIAL SUPPORT/S.D. SPADY ADVANCED
CHORUS: Consider a request for financial support to send the S.D. Spady Advanced
Chorus to New York to perform at Carnegie Hall.
Since it is so early in the year, the Commission concurred it would be a
good idea to keep some money in reserve for future allocations.
After brief discussion, the Commission agreed to donate no more than
$2,500 in the event other organizations submit requests throughout the year as well.
Mr. Costin moved to approve donating $2,500 towards the funding to send
the S.D. Spady Advanced Chorus to New York to perform at Carnegie Hall, seconded by
Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes;
Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
9.F. PURCHASE AWARD/C.K.'S SECURITY SYSTEM: Consider
approval of a purchase award to C.K.'s Security System in the amount of $44,188.00 for
security upgrades at the Police Department to meet the Florida Law Enforcement
Accreditation. Funding is available from 115-2128-521-64.90 (Special Projects/Other
Machinery/Equipment) and 001-2111-521-64.90 (General Fund/Other
Machinery/Equipment).
The City Manager stated staff recommends the bid award to C.K.'s
Security System (second low bidder).
Mr. Costin moved to approve the purchase award to C.K.'s Security
System in the amount of $44,188.00 for security upgrades at the Police Department,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes. Said motion passed with a 5 to 0 vote.
0.G.
APPOINTMENTS TO THE PUBLIC ARTS IMPLEMENTATION
COMMITTEE: Appoint five (5) members to the Public Arts Implementation
Committee for a term ending June 30, 2004. Based on the rotation system, the
appointments will be made by Commissioner Costin (Seat #1), Commissioner Archer
(Seat #2), Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), and
Mayor Perlman (Seat #5).
Mr. Costin moved to appoint Juliana Steele as a member to the Public Arts
Implementation Committee for a term ending June 30, 2004, seconded by Ms. McCarthy.
Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes;
Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed
with a 5 to 0 vote.
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02/17/04
Mrs. Archer moved to appoint Diane Allerdyce as a member to the Public
Arts Implementation Committee for a term ending June 30, 2004, seconded by Mr.
Costin. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said
motion passed with a 5 to 0 vote.
Mr. Levinson moved to appoint Sharon Koskoff as a member to the Public
Arts Implementation Committee for a term ending June 30, 2004, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said
motion passed with a 5 to 0 vote.
Ms. McCarthy moved to appoint Seabron Smith as a member to the Public
Arts Implementation Committee for a term ending June 30, 2004, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor
Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion
passed with a 5 to 0 vote.
Mayor Perlman stated he wished to appoint Sarah Wilkinson as a member
to the Public Arts Implementation Committee for a term ending June 30, 2004. Mr.
Costin so moved, seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer -Yes; Mr. Levinson -
Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
9.H.
APPOINTMENT TO THE NEIGHBORHOOD ADVISORY
COUNCIL: Appoint one (1) member to the Neighborhood Advisory Council for an
unexpired term ending October 31, 2004 for Zone One. Based on the rotation system, the
appointment will be made by Commissioner McCarthy (Seat #4).
Ms. McCarthy moved to appoint Frances Chassen as a member to the
Neighborhood Advisory Council for a term ending October 31, 2004; due to a lack of a
second, Mayor Perlman passed the gavel to Vice Mayor Levinson and Mr. Perlman
seconded the motion. Upon roll call the Commission voted as follows: Mr. Costin -
Yes; Mrs. Archer - Yes; Vice Mayor Levinson - No; Ms. McCarthy - Yes; Mr. Perlman
- Yes. Said motion passed with a 4 to 1 vote, Vice Mayor Levinson dissenting.
9.1. COMMUNITY DEVELOPMENT BLOCK GRANT {CDBG) SUB-
RECIPIENT FUNDING AGREEMENT: Approve and authorize the execution of a
funding agreement with one (1) sub-recipient (Fair Housing Center of the Greater Palm
Beaches, Inc.) under the Community Development Block Grant (CDBG) program for FY
2003-2004, with the total funding in the amount of $3,000.00. Funding is available from
118-1961-554-49.17 (CDBG Promotion of Fair Housing). MOVED FROM THE
CONSENT AGENDA.
Ms. McCarthy stated she requested that this item be removed from the
Consent Agenda and placed on the Regular Agenda because she has a few suggestions to
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02/17/04
add to the outline in Attachment "A" (Scope of Services). Ms. McCarthy suggested that
Attachment "A" include the following: (1) that the participants submit the marketing in
advance and give Ivan Ladizinsky, Public Information Officer, the opportunity to review
and give insight to some effective advertising and (2) that there be a critique sheet for the
participants so that they can evaluate the seminars and if the city should elect to do this
next year, the city will have an idea how effective they were (some form of
measurement).
Mrs. Archer moved to approve the Community Development Block Grant
(CDBG) Sub-Recipient Funding Agreement as modified, seconded by Ms. McCarthy.
Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson -
Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed
with a 5 to 0 vote.
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SERVICE AUTHORIZATION NO. 19/MATHEWS CONSULTING~
INC.: Approve Service Authorization No. 19 to Mathews Consulting, Inc. in the amount
of $74,445.00 for design of water main upgrades and associated improvements to S.W.
11th Avenue, S.W. 12th Avenue, and S.W. 3rd Street. Funding is available from 442-
5178-536-65.97 (Water/Sewer Renewal/Replacement Fund/Other Improvements/S.W.
12th Ave., S.W. 11th Ave. And S.W. 3rd St.).
Ms. McCarthy asked when the target dates for construction will be. In
response, Mr. Hasko stated the construction is in this fiscal year's budget. Ms. McCarthy
asked if staff has thought of some type of strategy to make the residents in the area aware
ahead of time that this is going to be taking place in the neighborhood. Mr. Hasko stated
this has been taken care of and stated the point of contact will be Rafael Ballestero,
Deputy Director of Construction. Ms. McCarthy directed staff to inform her when he
finds out the target dates for construction.
Ms. McCarthy moved to approve Service Authorization No. 19 with
Mathews Consulting, Inc. in the amount of $74,445.00 for design of water main upgrades
and associated improvements to S.W. 11th Avenue, S.W. 12th Avenue, and S.W. 3rd
Street, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs.
Archer - Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 12, First Readings.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 16-04: An ordinance amending Chapter 35,
"Employees Policies and Benefits", Section 35.097, "Retirement Income; Basis Amount
and Payment", to provide additional optional forms of benefit. If passed, a public hearing
will be scheduled for March 11, 2004.
The caption of Ordinance No. 16-04 is as follows:
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AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 35, "EMPLOYEES
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", TO PROVIDE ADDITIONAL
OPTIONAL FORMS OF BENEFIT; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING A
VALIDITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 16-04 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Mr. Levinson moved to approve Ordinance No. 16-04 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes. Said motion passed with a 5 to 0 vote.
12.B. ORDINANCE NO. 17-04: An ordinance amending Chapter 33, "Police
and Fire Departments", Pensions, Section 33.60, "Definitions", clarifying the definition
of earnings to include certain educational supplemental incentive payments and to
exclude certification and other payments. If passed, a public hearing will be scheduled
for March 11, 2004.
The caption of Ordinance No. 17-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 33, "POLICE AND FIRE
DEPARTMENTS", SUBHEADING "PENSIONS", OF
THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING
SECTION 33.60, "DEFINITIONS", REVISING THE
DEFINITION OF "EARNINGS" TO INCLUDE
CERTAIN EDUCATIONAL SUPPLEMENTAL
INCENTIVE PAYMENTS AND TO EXCLUDE
CERTIFICATION PAY AND ALL OTHER
PAYMENTS; PROVIDING A REPEALER CLAUSE;
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PROVIDING A VALIDITY CLAUSE;
PROVIDING AN EFFECTIVE DATE.
AND
(The official copy of Ordinance No. 17-04 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
At this point, Mr. Levinson left the dais.
Mr. Costin moved to approve Ordinance No. 17-04 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes. Said motion
passed with a 4 to 0 vote.
At this point, Mr. Levinson returned to the dais.
12.C. ORDINANCE NO. 18-04: An ordinance amending Chapter 33, "Police
and Fire Departments", Section 33.62, "Benefit Amounts and Eligibility", providing an
enhanced multiplier benefit option for the Police and Fire Pension Plan. If passed, a
public hearing will be scheduled for March 11, 2004.
The caption of Ordinance No. 18-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 33, "POLICE AND FIRE
DEPARTMENTS", SUBHEADING "PENSIONS", OF
THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING
SECTION 33.62, "BENEFIT AMOUNTS AND
ELIGIBILITY", PROVIDING AN ENHANCED
MULTIPLIER BENEFIT OPTION FOR ELIGIBLE
MEMBERS; PROVIDING AN INCREASE IN
MEMBER CONTRIBUTIONS FOR THOSE
MEMBERS WHO ELECT THE ENHANCED
MULTIPLIER; PROVIDING AN OPTION TO
PURCHASE THE ENHANCED MULTPLIER FOR
THOSE MEMBERS WHO DO NOT ELECT THE
ENHANCED MULTIPLIER OPTION BEFORE
APRIL 15, 2004; AMENDING SECTION 33.687,
"EARLY RETIREMENT INCENTIVE", PROVIDING
FOR APPLICATION OF THE ENHANCED
ML~TIPLIER TO THE EARLY RETIREMENT
INCENTIVE; PROVIDING A REPEALER CLAUSE;
PROVIDING A VALIDITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
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02/17/04
(The official copy of Ordinance No. 18-04 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Mr. Costin moved to approve Ordinance No. 18-04 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr.
Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - Yes. Said motion passed with a 5 to 0 vote.
12.D. ORDINANCE NO. 19-04: An ordinance amending Chapter 36,
"Finance; City Property Transactions", Section 36.11, "Definitions", to provide for
definitions regarding design-build contracts. If passed, a public hearing will be scheduled
for March 11, 2004.
The caption of Ordinance No. 19-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 36, "FINANCE; CITY
PROPERTY TRANSACTIONS", BY AMENDING
SECTION 36.11, "DEFINITIONS", TO PROVIDE FOR
DEFINITIONS REGARDING DESIGN-BUILD
CONTRACTS; ENACTING SECTION 36.16, "DESIGN-
BUILD CONTRACTS", TO PROVIDE FOR THE
ABILITY TO USE THE DESIGN-BUILD PROCESS;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE AND AN EFFECTIVE DATE.
office.)
(The official copy of Ordinance No. 19-04 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Mr. Costin moved to approve Ordinance No. 19-04 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr.
Costin - Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 11, Comments and
Inquiries on Non-Agenda items from the City Manager and the Public.
ll.A.
City Manager's response to prior public comments and inquiries.
With regard to a prior concern expressed by resident Jeff McKee (who
resides at 3220 Jasmine Court) about floating docks, the City Manager stated the Code
Enforcement Board froze his fines from a previous finding of guilt and gave him ninety
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(90) days to address the Commission and lobby for changes to the LDR's. His property
must be re-inspected on April 14, 2004 and if he continues to be in violation, the $25 per
day fine will be reinstated. Staff is not recommending any changes or amendments to the
Land Development Regulations governing docks or dolphins.
11.B. From the Public.
ll.B.1. Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, urged the
Commission to consider adding three safety improvements to the recommendations made
by the ADHOC Committee. Mr. Smith stated the recommendations are as follows: (1)
add a five (5) foot bicycle lane instead of a three foot paved shoulder from Linton
Boulevard to Casuarina Road, (2) fill in the sidewalk gap on the west side of A1A from
Thomas Street to George Bush Boulevard, (3) a sidewalk on the east side of A1A from
George Bush Boulevard to the northern end of the beach.
Secondly, Mr. Smith urged the Commission to start approving the
Pedestrian/Bicycle Task Team recommendations and stated the first step would be to
create a Volunteer Citizen's Advisory Committee. In addition, Mr. Smith urged the
Commission to update and submit a Pedestrian/Bicycle grant request for $150,000 by
March 31st and adopt the recommended Pedestrian/Bicycle Master Plans specifically
including A1A.
ll.B.2. Terrence Rothman (homeless), urged the Commission to ask city
agencies, city employees, resources and/or logistics of those agencies (i.e. Police
Department staff) as to why they are being used to maintain surveillance of his
movements within the City limits.
At this point, the Commission moved to Item 13, Comments and
Inquiries on Non-Agenda Items.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager.
The City Manager stated his office received a telephone call from Mr.
John Way a firefighter who was injured in 1990. The City Manager stated at the time he
was injured the City of Delray Beach had a fully insured Worker's Compensation Plan.
The City of Delray Beach has followed up with the insurance company and they are
looking at the treatment protocol questioning why the individual is not at maximum
medical improvement as of yet. The City Manager stated there have been three separate
peer reviews conducted and three different doctors have reviewed the medical records.
The records also show a January 27th records review in additional to a physical exam but
there are no results. The claimant's attorney rejected the initial records review and forced
the insurance company to obtain a motion to compel judgment and noted the claim has
not been dropped and it is being actively handled. However, the City Manager stated the
City of Delray Beach has no control how it is handled or the decisions that are made.
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13.B. City Attorney.
The City Attorney had no comments or inquiries on non-agenda items.
13.C.
13.C.1.
City Commission.
Mrs. Archer
Mrs. Archer inquired about the status of the A1A Redevelopment Project
and stated FDaT is requesting the Metropolitan Planning Organization (MPa) to report
back to them during the month of February. Mayor Perlman stated the City Commission
will have a specific recommendation in writing for the MPa on February 25, 2004.
13.C.2.
Commissioner Costin
Mr. Costin had no comments and inquiries on non-agenda items.
13.C.3.
Commissioner McCarthy
Ms. McCarthy stated the contract with the Haitian radio has expired
because the city purchased a slot of weeks. However, Ms. McCarthy asked if there is
money available to renew the contract.
The City Manager recommended that Ms. McCarthy meet with Ivan
Ladizinsky, Public Information Officer and suggest some programming content so they
will have an idea of the number of programs.
Ms. McCarthy stated she was at the Pompey Park Community Center last
week and noticed all three water coolers were not working. The City Manager stated he
will look into this.
Ms. McCarthy stated she is excited about the Masonic Lodge
proclamation and requested a copy of the proclamation from the City Clerk.
13.C.4.
Commissioner Levinson
Mr. Levinson commented about the Mae Volen Senior Center and
encouraged everyone to take a tour of the facility because he feels they do a phenomenal
job.
13.C.5.
Mayor Perlman
Mayor Perlman thanked Vice Mayor Levinson and Commissioner Costin
for joining him this morning at the Community Child Care Center where he hosted a
breakfast. Mayor Perlman stated this is an excellent non-profit facility and they are now
reaching out to the unincorporated areas to get them involved.
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Secondly, Mayor Perlman commented about the Haitian radio and stated
he feels one of the programs should be the "earned income tax credit" which is really for
people who work but do not earn enough money but it can make a big difference of what
they get back. Mayor Perlman stated he has been working with the United Way and they
indicated that the most successful sites that they have had has been in Delray Beach
particularly the Village Academy.
Mayor Perlman stated Air Currents Magazine (The Official In-Flight
Magazine for Gulf Stream International Airlines) featured Delray Beach this month and
commented about an article entitled "I Love This Town".
Mayor Perlman stated Henry "Hank" Skokowski, Urban Planner with
Urban Design Studios, worked very closely with the Beach Property Owners'
Association (BPOA) on the Beach Design Guidelines was tragically killed when he was
struck by a car while riding his motorcycle across Australia/New Zealand.
Mayor Perlman announced that the CRA Annual Redevelopment Awards
will be held on Friday, February 20, 2004 at 7:30 a.m. at the Delray Beach Golf Course.
In addition, Mayor Perlman stated the "State of the City" will be held on Thursday,
February 19, 2004 at 7:30 a.m. at the Delray Beach Golf Course.
Mayor Perlman stated he will be on a panel discussion at the Palm Beach
Institute of Contemporary Art and will not be able to attend the community dinner.
Mayor Perlman stated he will draft a presentation and suggested that Vice Mayor
Levinson read it in his absence.
Mayor Perlman stated last week he spoke to the Seacrest Association of
University Women and commented that there were a lot of questions regarding the
Federal Highway Project. Mayor Perlman stated the CRA has hired Kimley-Horn which
is an engineering firm to do the conceptual engineering and part of the reason this firm
was hired is because of their strong background with getting the information out to
residents.
Mayor Perlman stated he received an invitation to have dinner with
President Bush's Chief of Staff and could not attend because he was attending the Heart
of Delray Auction. In addition, Mayor Perlman stated he had a chance to greet Ted
Kennedy who flew in on Saturday.
Mrs. Archer stated she too had the opportunity to hear President Bush's
Chief of Staff speak at the dinner and commented it was very interesting.
Mayor Perlman stated the Heart of Delray Auction set a record of $15,000
and he congratulated Jay Alperin, Chair of the Committee. Mayor Perlman stated public
and private schools should receive a nice amount of money as a result of the auction.
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02/17/04
Mayor Perlman commented about the Quality Cities Magazine this month
and stated the new President has asked for staff' s participation in the Cities of Excellence
awards program. Mayor Perlman suggested that staff participate and apply for some of
those awards.
At this point, the time being 7:10 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 10-04: An ordinance rezoning from POC (Planned
Office Center) to RM-9 (Medium Density Residential-9 dwelling units per acre) for a
5.04 acre parcel of land to be known as Atlantic Palms located on the south side of West
Atlantic Avenue, approximately 140 feet east of Whatley Road. Prior to consideration of
passage of this ordinance, a public hearing has been scheduled to be held at this time.
(Quasi-Judicial Hearing)
The caption of Ordinance No. 10-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED POC (PLANNED OFFICE CENTER)
DISTRICT TO RM-9 (MEDIUM DENSITY
RESIDENTIAL-9 DWELLING UNITS PER ACRE)
DISTRICT; SAID LAND BEING A PARCEL OF
LAND LOCATED ON THE SOUTH SIDE OF WEST
ATLANTIC AVENUE, APPROXIMATELY 140 FEET
EAST OF WHATLEY ROAD, AS MORE
PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, APRIL 2003"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 10-04 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A Quasi-Judicial
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 Perlman read into the record the City of Delray Beach procedures
for conducting a Quasi-Judicial Hearing for this item.
The City Clerk swore in those individuals who wished to give testimony
on this item.
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Mayor Perlman asked the Commission to disclose any ex parte
communications. Mrs. Archer stated she had a telephone conversation with Michael
Weiner. Mr. Costin stated he had a brief conversation today with Michael Weiner.
Mayor Perlman stated he had a conversation with Michael Weiner and his client several
weeks ago. Ms. McCarthy stated she spoke to Michael Weiner. Mr. Levinson stated he
spoke to Michael Weiner, Chuck Danto, and Craig Danto.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2003-353 into the record.
Mr. Dorling stated at its meeting of January 6, 2004, the City Commission
considered first reading of the ordinance to rezone the subject property to RM-11. The
applicant requested that the application be withdrawn without prejudice and the City
Commission approved a waiver to LDR Section 2.4.5(D)(6), which prohibits the City
Commission from considering another rezoning application for 6 months.
At its meeting of October 20, 2003, the Planning and Zoning Board held a
public hearing in conjunction with the RM-11 rezoning request. After significant
discussion about the proposed density, the Board concluded that the 11 units per acre was
too intense given the future land use map designations and prevailing development
pattern of the surrounding area. The new request to rezone the property to RM-9 has not
been considered by the Planning and Zoning Board. The request for a maximum of 9
dwelling units per acre seems to be a reasonable compromise based on the surrounding
development pattern and densities.
The Board unanimously voted 4-0 (Jill Woehlkens, Diane Borchardt and
Joseph Pike absent) to recommend approval of a reduced density of RM-8 based on
positive findings with respect to LDR Section 3.1.1. (Required Findings), LDR Section
2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, Objectives, and Policies of
the Comprehensive Plan.
Michael Weiner, representing the applicant B.C. Properties &
Investments, L.L.C., entered photographs into the record of the surrounding commercial
activity and maps from the Comprehensive Plan. Mr. Weiner urged the Commission to
vote in favor of this rezoning.
Mayor Perlman declared the public hearing open. There being no one
who wished to give testimony on this item, the public hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 10-04 on Second and FINAL
Reading based upon positive findings with respect to LDR Section 3.1.1 (Consistency),
LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5)
(Rezoning Findings), and Goals, Objectives, and Policies of the Comprehensive Plan,
seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson
- Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer -
Yes. Said motion passed with a 5 to 0 vote.
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10.B. ORDINANCE NO. 8-04: An ordinance amending the Land
Development Regulations, enacting a new Subsection 2.4.3(K)(6), "Delray Beach Fire-
Rescue Department Fees". Prior to consideration of passage of this ordinance on Second
and FINAL Reading, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No 8-04 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 2.4.3, "SUBMISSION
REQUIREMENTS", SUBSECTION 2.4.3(K), "FEES", OF
THE LAND DEVELOPMENT REGULATIONS BY
ENACTING A NEW SUBSECTION 2.4.3(K)(6),
"DELRAY BEACH FIRE-RESCUE DEPARTMENT
FEES", TO PROVIDE FOR DEVELOPMENT REVIEW
FEES BY THE FIRE DEPARTMENT; PROVIDING A
SAVING CLAUSE; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING FOR THE
RENUMBERING, RELETTERING AND INCLUSION IN
THE LAND DEVELOPMENT REGULATIONS; AND
PROVIDING AN EFFECTIVE DATE.
(The official copy of Ordinance No. 8-04 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 the City's Fire-
Rescue Department reviews plans for many different types of construction and
renovations. In order to recover some of the Fire Department's expense and time in
reviewing plans and making these inspections, it is in the public's interest to charge for
some of these services. The proposed fee formula is based on project value, which is
consistent with the methodology used by Boynton Beach, Jupiter, Palm Beach Gardens
and Palm Beach County.
At its meeting of January 26, 2004, the Planning and Zoning Board held a
public hearing regarding this item. After discussing the amendment, the Board voted 6-0
(Sowards absent) to recommend approval of the proposed amendment to the LDR's
enacting Subsection 2.4.3(K)(6) regarding Delray Beach Fire-Rescue Department Fees,
based upon positive findings with respect to LDR Section 2.4.5(M).
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Mr. Costin asked if this would apply to private residents as well. In
response, Chief Koen stated it could if the City had jurisdiction on it. However, Chief
Koen stated this would be a very unlikely situation. Chief Koen stated there may be a
fire protection feature which could be reviewed but would only be under those limited
circumstances.
If someone wished to put a sprinkler system in their home, would this be
reviewed at that time? Chief Koen stated they would have to be compliant with FPA
standards for residential sprinklers. Mr. Costin stated under those circumstances, would a
private residence still be liable for the fees or would they be exempt? Chief Koen stated
the part that pertains to the Fire Protection feature would be subject to the valuation issue
not the structure itself.
Mayor Perlman declared the public hearing open. There being no one
who wished to address the Commission regarding Ordinance No. 8-04, the public hearing
was closed.
Mr. Costin moved to adopt Ordinance No. 8-04 on Second and FINAL
Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes. Said motion passed with a 5 to 0 vote.
10.C. ORDINANCE NO. 11-04: An ordinance providing for the adoption and
enforcement of the minimum State Fire Code together with local amendments
recommended by the Fire Department. Prior to consideration of passage of this ordinance
on Second and FINAL Reading, a public hearing has been scheduled to be held at this
time.
The caption of Ordinance No. 11-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 37, "DELRAY BEACH CODE
ENFORCEMENT", BY AMENDING SECTION 37.45,
"SUPPLEMENTAL CODE ENFORCEMENT
PROCEDURES", TO PROVIDE FOR ENFORCEMENT
OF THESE REGULATIONS; AMENDING CHAPTER
96, "FIRE SAFETY AND EMERGENCY SERVICES",
OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, BY ENACTING SECTION 96.09,
"PROCESSES DEEMED HAZARDOUS TO LIFE AND
PROPERTY", TO PROVIDE THAT CERTAIN FIRE
OFFICIALS MAY ORDER THE IMMEDIATE
CESSATION OF AN ACTIVITY THAT IS
HAZARDOUS TO LIFE AND PROPERTY; ENACTING
SECTION 96.10, "EVACUATION OF OCCUPIED
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BUILDINGS OR STRUCTURES", TO PROVIDE THAT
CERTAIN FIRE OFFICIALS MAY ORDER THE
EVACUATION OF OCCUPIED BUILDINGS;
REPEALING SECTION 96.16, "CERTAIN CODES
ADOPTED BY REFERENCE", AND ENACTING A
NEW SECTION 96.16, "CERTAIN CODES ADOPTED
BY REFERENCE", BY ADOPTING STATE LAW AS
WELL AS OTHER CODE SECTIONS; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 11-04 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 Perlman declared the public hearing open. There being no one
who wished to address the Commission regarding Ordinance No. 11-04, the public
hearing was closed.
Mr. Levinson moved to adopt Ordinance No. 11-04 on Second and FINAL
Reading, seconded by Mr. Costin. Upon roll call the Commission voted as follows:
Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes. Said motion passed with a 5 to 0 vote.
10.D. ORDINANCE NO. 13-04 (FIRST READING/FIRST PUBLIC
HEARING): An ordinance amending Land Development Regulations proposing a four
month moratorium on Adult Arcade Establishments. If passed, a quasi-judicial public
hearing will be scheduled for March 11, 2004. Prior to consideration of passage of this
ordinance on First Reading/First Public Hearing, a public hearing has been scheduled to
be held at this time.
The caption of Ordinance No. 13-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY
BEACH, ESTABLISHING A TEMPORARY
BUILDING MORATORIUM ON ARCADES AS
FURTHER DEFINED HEREIN FOR A PERIOD OF
FOUR (4) MONTHS FROM THE DATE OF
ADOPTION OF THIS ORDINANCE; PROVIDING
FOR GEOGRAPHIC AREA COVERED; PROVIDING
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02/17/04
FOR THE DURATION OF MORATORIUM;
PROVIDING FOR PENALTIES PROVIDING A
SAVINGS CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 13-04 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 Perlman declared the public hearing open. There being no one
who wished to address the Commission regarding Ordinance No. 13-04, the public
hearing was closed.
Prior to the vote, Mr. Costin asked if there is any further development
regarding the Sarasota or the Daytona Beach matters. In response, the City Attorney
stated Cathy Kozol, Assistant City Attorney/Police Legal Advisor, has put together a
report and the City Attorney will share this with the Commission.
Ms. McCarthy moved to approve Ordinance No. 13-04 on First
Reading/First Public Hearing, seconded by Mr. Levinson. Upon roll call the Commission
voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote.
10.E.
ORDINANCE NO. 9-04 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending the Land Development Regulations Section
4.4.17, Re (Residential Office District), Subsection 4.4.17(B)(2) regarding duplex
structures. Prior to consideration of passage of this ordinance on Second Reading/Second
Public Hearing, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 9-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES,
BY AMENDING SECTION 4.4.17, "RESIDENTIAL
OFFICE (Re) DISTRICT", SUBSECTION 4.4.17(B),
"PRINCIPAL USES AND STRUCTURES
PERMITTED", BY AMENDING SUBSECTION (B)(2)
TO DELETE THE WORDS "AND DWELLING
UNITS"; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
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office.)
(The official copy of Ordinance No. 9-04 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 amendment is
to provide clarification to LDR Section 4.4.17(B)(2) of the RO (Residential Office)
zoning district, which changes what is currently listed as duplex structures and dwelling
units to duplex structures. Mr. Dorling reiterated this is for clarification purposes and is
not removing an allowed use because multi-family is not currently allowed in the RO
(Residential Office) zoning district. Mr. Dorling stated this amendment is being initiated
as more of a clarification rather than purposes to fulfill a certain Comp Plan Policy and
while the amendment does not specifically further the goals and objectives of the
Comprehensive Plan, it is not inconsistent with them.
At its meeting of January 26, 2004, the Planning and Zoning Board held a
public hearing regarding this item. After discussing the amendment, the Board voted 6-0
(Sowards absent) to recommend approval of the proposed amendment to the LDR's
Section 4.4.17(B)(2) regarding duplexes, based upon positive findings with LDR Section
2.4.5(M).
Mr. Dorling commented that the City Commission has received a letter of
objection from Siemon & Larsen, P.A. on behalf of Mr. William Andrews, and briefly
addressed those items that are identified in the letter. Mr. Dorling stated the letter
indicates: (1) that the proposed ordinance is inconsistent with the City's Comprehensive
Plan. Mr. Dorling stated the proposed ordinance is not inconsistent with the
Comprehensive Plan because the transitional land use designation in the Comprehensive
Plan allows for uses which serve as a transition between more intense land use categories
and less intense ones. Mr. Dorling stated it is important to note that the specific type of
use allowed within the transitional land use category is further limited by the zoning
category that is placed on the property. Mr. Dorling stated the second item identified in
the letter is: (2) the present language of the City's Land Development Regulations does
permit multiple family dwelling units, just as the City's Comprehensive Plan and well-
considered Neighborhood Plan recognize. Mr. Dorling stated the present language in the
LDR's does not permit multi-family dwelling units. Mr. Dorling stated when a zoning
district allows multi-family units it is listed as a separate category "multi-family
structures" as it is in all other zoning categories within the LDR's. The RO zoning
district was adopted in May 1986 to encourage the upgrading and development of
deteriorating structures by allowing a mix of residential and office. Mr. Dorling stated
the third item identified in the letter is: (3) The inclusion of multi-family dwellings units
in the RO District, especially in vertically mixed-use buildings, implements the
Comprehensive Plan, the Community Redevelopment Plan, and the Neighborhood Plan.
Mr. Dorling stated general references to types of developments contained in the
Comprehensive Plan under the transitional land use designation are further limited by the
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02/17/04
zoning designation. Mr. Dorling reiterated that RO (Residential Office) does not allow
multi-family dwelling units. The purpose of the RO District talks about a residential
office district providing a mixed use of a neighborhood office and residential nature. It is
to be applied to as a transitional land use between commercial and residential and is to act
as an incentive zoning in all residential districts for redevelopment and revitalization and
also to accommodate professional offices which will meet the nearby neighborhood
needs. Mr. Dorling stated the letter also indicates the following: (4) the proposed
ordinance is inconsistent with the Seacrest/Del-Ida Park Neighborhood Plan. Mr.
Dorling stated the proposed ordinance clarifies language under duplex structures and
does not remove any category of multi-family uses. Mr. Dorling stated the RO
(Residential Office) zoning district allows only duplex structures while the RL (Low
Density Residential) district allows both multi-family and duplexes. The proposed
changes are not inconsistent with the Comprehensive Plan and positive findings can be
made with respect to LDR Section 2.4.5(M).
Mayor Perlman declared the public hearing open.
Todd Messenger, Siemon & Larsen, 433 Plaza Real, Suite #339, Boca
Raton, gave a brief presentation and thanked the Commission for accepting their letter at
such a late date. Mr. Messenger stated there are four RO zoning district designations in
the City of Delray Beach and the principal one being looked at this evening is in the
Seacrest DeMda neighborhood. He stated the existing code as written does permit
attached dwelling units especially within a mixed use structure. Mr. Messenger urged the
Commission to defer or vote "no" this evening on this item.
Alice Beck, 14593 Sunset Pine Drive, Delray Beach, stated she owns the
property on the northeast corner of Lake Ida Road and 2nd which is just on the border of
the DeMda Historic District. Ms. Beck stated she has a multi-family building that has 8
units in one building and a detached garage with one apartment on the top. Ms. Beck
stated the property is zoned RO (Residential Office) and asked for clarification with what
would be permitted if she were to sell the property in the future.
There being no one else who wished to address the Commission regarding
Ordinance No. 9-04, the public hearing was closed.
Mayor Perlman asked what the zoning is for Mr. Andrews' property. In
response, Mr. Dorling stated Mr. Andrews' property is zoned RO (Residential Office).
Mayor Perlman inquired about the density of the property. Mr. Dorling stated Mr.
Andrews has a transitional land use designation and this has a general description which
states residential units in densities between 5-12 units are potentially allowed there as
well as mobile homes, etc. subject to the zoning. Mr. Dorling stated the zoning for this
piece further restricts it to duplex units or single family units. Mr. Dorling stated those
single family units are subject to R-1-A regulation; minimum lot size would equate to 5.8
units to the acre and duplexes at 10.8 units to the acre.
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02/17/04
Mr. Levinson stated he does not see this as a change but rather as
clarification and he supports the ordinance.
Mr. Dorling stated multi-family is not currently allowed and stated Ms.
Beck's property was identified as a non-conforming use and can continue as long it is not
discontinued for more than six months. Mr. Costin asked if this would then be
considered an underlying density. In response, Mr. Dorling stated this is a non-
conforming density at this time which can continue as long as it meets the criteria of a
non-conforming use. The City Manager stated an underlying density would be in the
zoning category not in the physical use and he reiterated this is a non-conforming use.
Mayor Perlman made reference to the letter of objection and inquired
about the comment about being materially impacted by this decision.
Ms. McCarthy stated it appears from the letter that they are leading the
Commission to believe that this would negatively impact someone because they would
get less density under the RO zoning then what they previously would have been
allowed. Mr. Dorling stated this is not a correct assumption because they are not allowed
multi-family because it does not infer that multi-family is allowed. Mr. Dorling stated
this is not eliminating any units.
The City Attorney commented about the rule of statutory construction and
stated the City has the history of the RO which is to preserve those historic structures.
Mr. Levinson moved to approve Ordinance No. 9-04 amending the LDR's
Section 4.4.17(B)(2) regarding the duplexes in the RO (Residential Office) zoning district
based upon positive findings with respect to LDR Section 2.4.5(M) on Second
Reading/Second Public Hearing, seconded by Ms. McCarthy. Upon roll call the
Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy -
Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote.
10.F. ORDINANCE NO. 12-04: An ordinance amending Ordinance No. 20-
03, that adopted Comprehensive Plan Amendment 2003-02, regarding compliance with
the Florida Department of Community Affairs (DCA) Objections, Recommendations and
Comments (ORC) report. Prior to consideration of passage of this ordinance on Second
and FINAL Hearing, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 12-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING ORDINANCE NO. 20-03 THAT
ADOPTED COMPREHENSIVE PLAN
AMENDMENT NO. 2003-2; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
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02/17/04
(The official copy of Ordinance No. 12-04 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 the original
ordinance had a reference to the fact that an ORC (Objections, Recommendations &
Comments) Report was not provided by the Florida Department of Community Affairs
(DCA) and in fact it was. Therefore, Mr. Dorling stated this language corrects that
reference.
Mayor Perlman declared the public hearing open. There being no one
who wished to address the Commission regarding Ordinance No. 12-04, the public
hearing was closed.
Mr. Costin moved to adopt Ordinance No. 12-04 on Second and FINAL
Reading, seconded by Mm. Archer. Upon roll call the Commission voted as follows:
Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes;
Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
There being no further business, Mayor Perlman declared the meeting
adjourned at 7:50 p.m.
City Clerk
ATTEST:
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on February 17, 2004, which Minutes were formally approved and adopted by the City
Commission on ~arch 11, 2006
City Clerk
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02/17/04
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
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