10-16-07 Minutes RegOCTOBER 16, 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, October 16, 2007.
1. Roll call showed:
Present - Commissioner Gary Eliopoulos
Commissioner Woodie McDuffie
Commissioner Brenda Montague
Mayor Rita Ellis
Absent - Commissioner Fred Fetzer
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Janet K. Whipple, Acting City Clerk
2. The opening prayer was delivered by Reverend Kuczborski with St.
Vincent Ferrer Catholic Church.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mayor Ellis stated there will be some modifications to the Agenda. She
noted the addition of Item 7.E., Presentation of Ceremonial Checks from the South
Florida Waste Management District (SFWMD) for the Alternative Water Suanly
(AWS) grant. Also, Mayor Ellis noted the addition of Item 9.F., Designation of Voting
Delegate/National League of Cities Annual Business Meeting/Congress of Cities and
additional items for Item 12.B., Ordinance No. 45-07
Mrs. Montague requested that Item 8.D., Grant Applications/Florida
Department of State/Division of Historical Resources of the Consent Agenda be
moved to the Regular Agenda as Item 9.A.A.
The City Attorney stated there has been a request for postponement for
Item 10.E., Ordinance No. 31-07 (Second ReadinglSecond Public Hearing) to a date
certain of November 20, 2007.
Mr. Eliopoulos requested that Item 8.B. Renewal of Lease
Agreement/Delray Beach Historical Society/Cason Cottage Property of the Consent
Agenda be moved to the Regular Agenda as Item 9.A.A.A. Also, Mr. Eliopoulos
requested that Items 8.L.1. and 8.L.2., Award of Bids and Contracts of the Consent
10/16/07
Agenda be moved to the Regular Agenda as Item 9.A.A.A.A. and 9.A.A.A.A.A.
Mayor Ellis requested to move Item 12.A., (Ordinance No. 51-07) and
Item 12.B., Ordinance No. 45-07, First Readings, to before the Consent Agenda.
Mr. Eliopoulos moved to approve the Agenda as amended, seconded by
Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes;
Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed
with a 4 to 0 vote.
5. APPROVAL OF MINUTES:
Mrs. Montague moved to approve the Minutes of the Regular Meeting of
October 2, 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. Said motion passed with a 4 to 0 vote.
Mr. Eliopoulos moved to approve the Minutes of the Special/Workshop
Meeting of October 9, 2007, seconded by Mr. McDuffie. Upon roll call the Commission
voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr.
McDuffie -Yes. Said motion passed with a 4 to 0 vote.
6. PROCLAMATIONS:
6.A. Family Literacy Month -November 2007
Mayor Ellis read and presented a proclamation hereby proclaiming
November 2007 as Delray Beach National Family Literacy Month. Janet Meeks,
Education Coordinator, on behalf of the Delray Beach Education Board, thanked the
Commission for reading this proclamation. She stated the Mayor's Literacy Initiative is
now in its third year and they will be participating with the Palm Beach County Library
System to do the book that all the children are going to read. Mrs. Meeks encouraged the
Commission to take the book into a school and read to one of the pre-school classes.
Also, Mrs. Meeks announced that last Wednesday at the Palm Beach County School
District the City of Delray Beach received an award for the 2°d consecutive year in the
participation for the Eagle's Nest Project.
6.B. National Hospice and Palliative Care Month -November 2007
Mayor Ellis noted that this proclamation will be mailed.
7. PRESENTATIONS:
7.A. S.P.I.R.I.T. (Service, Performance, Integrity, Responsibility,
Innovation, Teamwork) Committee Presentation
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Dot Bast, Human Resources Consultant/Human Development, thanked the
Commission for the opportunity to introduce the quarterly award winners for the
S.P.LR.LT. Program.
Mrs. Bast stated Lieutenant Michael Coleman, Sergeant Adam Rosenthal
and Officer Steven Chinque from the Community Response Task Force were nominated
by Captain Tina Heysler for their exceptional customer service. With the support of
some members of the Task Force and other Law Enforcement personnel volunteers his
time and talent in the Martial Arts Program at Auburn Trace. This year one of their
students who participated in their program for the last four years was awarded a soccer
scholarship to a college in Alabama. While the scholarship covered tuition and room and
board, Max was responsible for his transportation and living expenses. He worked at
Winn Dixie and earned most of the money he needed; however, he came up a little short.
These gentlemen reached into their own pockets and donated $350.00 to help Max with
his financial needs on his way to college.
Mayor Ellis presented Lieutenant Michael Coleman, Sergeant Adam
Rosenthal and Officer Steven Chinque with S.P.I.R.I.T. Awards.
Alberta Gaum, Project CoordinatorlParks and Recreation, introduced
Monique Burton, Customer Service Assistant, and stated she is an exceptional employee
who consistently on a daily basis lives and practices each of the S.P.I.R.I.T. core values.
Yvonne Walker, Financial/Compliance Officer, stated Beverly
Wright/Police Department was nominated by her supervisor Tina Heysler for an
exemplary job performance and teamwork efforts.
7.B. Recognizing and Commending Jorge L. Delgado, Jr , Specialist E-4
for his Service and Commitment to the United States Army
Mayor Ellis read and presented a plaque to Jorge L. Delgado, Jr./United
States Army, for his personal sacrifice, commitment and dedication in protecting the
citizens of the United States and keeping peace throughout the world. Jorge L. Delgado,
Jr. came forward to accept the plaque and gave a few brief comments.
On behalf of "You Are Not Alone" which is a City of Delray Beach
sponsored support group for family members of service men and woman serving
overseas, Dave Smith thanked everyone for the continued support of the City of Delray
Beach. He stated "You Are Not Alone" would like to take advantage of this opportunity
to have members of "You Are Not Alone" officially launch the 2°d Annual Project
Holiday which is a joint effort on the part of the City of Delray Beach, "You Are Not
Alone", and Church of the Palms to gather donations of much needed items for the local
men and woman serving overseas.
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Dolores Rangel, Administrative Assistant, recognized former
Commissioner Alberta McCarthy and thanked her and the Commission for supporting
Project Holiday. Mrs. Rangel stated last year for the first time her daughter Melissa was
home for Christmas and feels the soldiers need a little bit of home from us. Mrs. Rangel
stated Melissa wanted to relay a message to the Commissioners, City Manager and City
Attorney a message that she left for overseas and she is in Kuwait today and thanked
them for their support.
7.C. "Spotlight on Education" -Darlene Kostrub, Executive Director of
Palm Beach County. Literacy .Coalition
Darlene Kostrub, Executive Director of the Palm Beach County Literacy
Coalition, stated the Palm Beach County Literacy Coalition is at work over the entire
County helping adults, children and families gain the literacy, reading and English skills
that they need to succeed in school, to be effective parents, skilled employees and
involved citizens. Ms. Kostrub stated their programs cover the entire County and the
headquarters is located here in Delray Beach. She stated Bill Wood of the Chamber of
Commerce is on the Palm Beach County Literacy Coalition Advisory Panel and over the
last 2-3 years they have formed a Mayor's Literacy Initiative. Ms. Kostrub stated she has
met individually with Mayors in ten of the largest cities in the County including Mayor
Ellis to sign her on as a key partner in the Mayor's Literacy Initiative. Ms. Kostrub
stated Mayor Ellis not only signed on to ensure that Delray Beach is a city that reads and
a city that values education but she had the courage to be on the spelling bee team for
Mayors for the "Great Grown-up Spelling Bee". She stated she believes Delray Beach
has one of the strongest Education CommitteesBoards in the County because of their
activities and initiatives that they have begun. They have also begun a recent partnership
with the City of Delray Beach where they provide workplace education and literacy for
City employees and a similar program is being done at Delray Medical Center ensuring
that employees have the full skills they need in the literacy arena to perform their jobs.
Ms. Kostrub stated Delray Beach houses one of the star family literacy programs in the
County and it is housed at Village Academy (Village Readers) and it is operated by the
Literacy Coalition. They are instructing children, adults, and families in the
neighborhoods surrounding Village Academy helping them to get the literacy skills that
they need.
Ms. Kostrub invited everyone to be a part of "Read Together Palm Beach
County" which occurs every two years where thousands of adults over the entire County
read the same book at the same time. The book will be read in Apri12008; however, the
process begins December 6, 2007. She invited the Education Board, the Commission and
those who are interested to come to the Palm Beach Post at 2:00 p.m. on December 6,
2007 to be one of their key partners and to ensure that Delray will be a polling place
where citizens can cast ballots to let the Palm Beach County Literacy Coalition know
which book they think should be the book for "Reading Together 2008".
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7.D. Downtown Marketing Cooperative Holiday Season Plans
Marjorie Ferrer, Executive Director of the Downtown Marketing
Cooperative and the Executive Director of the Downtown Development Authority, stated
the Downtown Marketing Cooperative has been around for 15 years and has had the
responsibility of promoting and marketing the downtown. She gave a brief PowerPoint
presentation displaying pictures of the downtown from the 1980's and pictures from
today. Mrs. Ferrer stated they just came back from New York City where they were
asked to present their PowerPoint at the International Downtown Association of World
Congress about this marketing cooperative that works in a downtown because there are
many cities that would like to have one. She stated they are working with many cities to
help them figure out how to work together. Mrs. Ferrer stated how Delray Beach got
from the 1980's to today is really about partnerships and noted that there were four
entities in town that decided to work together; the City of Delray Beach, Chamber of
Commerce, the Community Redevelopment Agency (CRA) and the Downtown
Development Authority (DDA). The mission of the Downtown Marketing Cooperative is
to create, organize and manage programs and events to enhance the economic prosperity
of downtown and assist in the marketing and the promoting of the downtown.
7.E. Presentation of Ceremonial Checks from the South Florida Waste
Management District (SFWMD) for the Alternative Water Supply (AWS) grant
Richard Hasko, Director of Environmental Services, stated the City of
Delray Beach, the City of Boynton Beach and the South Central Regional Wastewater
Plant were recently awarded a total of $5.5 million dollars from South Florida Water
Management District (SFWMD) for our regional submittal for the alternative Water
Supply Program. Mr. Hasko stated $3.4 million is going to the South Central Plant to
assist in the cost of the expansion of the reclaimed water treatment capacity at the plant to
100% of the plant capacity; $1.5 million to Boynton Beach for their Phase I Reclaimed
Water Distribution and Recharge Project and $619,700.00 to the City of Delray Beach for
our Area 4 Project which will bring reclaimed water to the Del-Aire Golf Course and
complete the expansion in the southern quadrant. Mr. Hasko presented the Commission
with a ceremonial check in the amount of $619,700.00.
Mr. Hasko stated he received an acknowledgement from the Board
Chairman of the receipt of staff's comments and concerns. He stated that he did
acknowledge receipt of those comments and the Board was going to be working with
staff to address and resolve those issues. Mr. Hasko stated staff is going to try and bring
these people to a November Workshop to discuss those issues a bit further. Staff also
attended a meeting in September that was sponsored by Representative Hasner and
Representative Machek and it had to do with the current legislative initiative for DEP for
the elimination of Ocean Outfalls in Florida. Mr. Hasko stated much of the conversation
revolved around the issue of Reclaimed Water and what needs to be done for the real
benefits to be realized by our utility customers and by the South Florida Environmental
community.
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Mr. Hasko stated staff received an update on the prognosis regarding the
drought from the South Florida staff yesterday. Their forecasters are informing them that
the rainy season is over from what they are forecasting in the future. There is still a 1
month - 1 %Z months left in the hurricane season but they are not forecasting any
significant amount of rain. There has been a lot of rain on the outskirts but they have not
seen anywhere near the rainfall they had hoped to get either in the Lake Okeechobee area
and more importantly. They are suggesting that we have about a 75% chance of
continuing and worsening water restrictions as we get farther into the dry season. Mr.
Hasko stated we had a lot of success this last year with our ability to reduce our demands
significantly through the cooperation and help of our residents and customers in reducing
their water use.
At this point, the Commission moved to Item 12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 51-07: An ordinance amending Chapter 92, "Boats
and Boating", by amending Section 92.33, "Dockage Rate", of the Code of Ordinances to
clarify the dockage rate charged for the City Marina. If passed, a public hearing will be
scheduled for November 6, 2007.
The caption of Ordinance No. 51-07 is as follows:
office.)
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 92, "BOATS AND BOATING",
BY AMENDING SECTION 92.33, "DOCKAGE RATES",
TO CLARIFY THE DOCKAGE RATE CHARGED;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTNE DATE.
(The official copy of Ordinance No. 51-07 is on file in the City Clerk's
Mr. McDuffie moved to approve Ordinance No. 51-07 on First Reading,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor
Ellis -Yes; Mr. Eliopoulos -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said
motion passed with a 4 to 0 vote.
12.B. ORDINANCE NO. 45-07: An ordinance amending Section 37.45,
"Supplemental Code Enforcement Procedures", Subsection (Q), "Civil Penalties", to
provide for citations for noise violations of motor vehicles and motorcycles; amending
Chapter 70, "Traffic Regulations", "General Provisions", by amending Section 70.02,
"Truck and Trailer Prohibition On Certain Portions Of Atlantic Avenue", in order to
prohibit motorcycles on certain portions of Atlantic Avenue; amending Chapter 99,
"Noise Control", by amending Section 99.02, "Definitions", to provide updated
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definitions; by amending Section 99.04, "Loud and Unnecessary Noises Enumerated;
Exceptions", to change the name to "Loud and Raucous Noises Enumerated;
Exemptions", by amending Subsection (A), "Certain Acts Declared Unlawful", and (1)(a)
and (14), "Motor Vehicles Operating On A Public Right-Of-Way", to add "Motorcycles",
"Mufflers", and "Rapid Throttle Advance", in order to provide a cap for all motorcycle
exhaust noise and require EPA noise labels. If passed, a second public hearing will be
scheduled for November 6, 2007.
The caption of Ordinance No. 45-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, AMENDING THE
CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, BY AMENDING SECTION 37.45,
"SUPPLEMENTAL CODE ENFORCEMENT
PROCEDURES", SUBSECTION (Q), "CIVIL
PENALTIES", TO PROVIDE FOR CITATIONS FOR
NOISE VIOLATIONS OF MOTOR VEHICLES AND
MOTORCYCLES; AMENDING CHAPTER 99, "NOISE
CONTROL", BY AMENDING SECTION 99.02,
"DEFII~TITIONS", TO PROVIDE UPDATED
DEFINITIONS; BY AMENDING SECTION 99.04,
"LOUD AND UNNECESSARY NOISES
ENUMERATED; EXEMPTIONS", TO CHANGE THE
NAME TO "LOUD AND RAUCOUS NOISES
ENUMERATED; EXEMPTIONS", BY AMENDING
SUBSECTION (A), "CERTAIN ACTS DECLARED
UNLAWFUL", (1)(a) AND (14), "MOTOR VEHICLES
OPERATING ON A PUBLIC RIGHT-OF-WAY", TO
ADD "MOTORCYCLES", "MUFFLERS", AND "RAPID
THROTTLE ADVANCE", IN ORDER TO PROVIDE A
CAP FOR ALL MOTORCYCLE EXHAUST NOISE
AND REQUIRE EPA NOISE LABELS; PROVIDING A
SAVINGS CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTNE DATE.
(The official copy of Ordinance No. 45-07 is on file in the City Clerk's
office.)
Mr. Eliopoulos moved to approve Ordinance No. 45-07 (Option #1) on
FIRST Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as
follows: Mr. Eliopoulos -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis
-Yes. Said motion passed with a 4 to 0 vote.
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Mr. Eliopoulos moved to approve Ordinance No. 45-07 (Option #2) on
First Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as
follows: Mr. McDuffie - No; Mrs. Montague - No; Mayor Ellis - No; Mr. Eliopoulos -
No. Said motion was DENIED with a 4 to 0 vote.
At this point, the time being 7:35 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.E. ORDINANCE NO. 31-07 (SECOND READING/SECOND PUBLIC
HEARING): Privately initiated amendment to the Land Development Regulations
amending Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)",
Subsection 4.4.24(B), "Principal Uses and Structures", to include an additional property
that is allowed in the permitted uses of the Central Business District (CBD) Zoning
District; amending Subsection 4.4.24(F), "Development Standards", to include an
additional property in the Old School Square Historic Arts District (OSSHAD) that is
subject to the standards of the Central Business District (CBD) Zoning District.
The caption of Ordinance No. 31-07 is as follows:
office:)
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
THE LAND DEVELOPMENT REGULATIONS OF THE
CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC
ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24(B),
"PRINCIPAL USES AND STRUCTURES" TO INCLUDE
AN ADDITIONAL PROPERTY THAT IS ALLOWED
IN THE PERiVIlTTID USES OF THE CBD ZONING DISTRICT;
AMENDING SUBSECTION 4.4.24(F), "DEVELOPMENT
STANDARDS", TO INCLUDE AN ADDITIONAL
PROPERTY IN THE OSSHAD DISTRICT THAT IS
SUBJECT TO THE STANDARDS OF THE CBD
ZONING DISTRICT; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 31-07 is on file in the City Clerk's
The City Attorney stated this has been scheduled for a Second
Reading/Second Public Hearing but the person who is proposing this ordinance has
requested a postponement to November 20, 2007 at 7:00 p.m. She stated at this point, if
the Commission wishes to postpone this ordinance, then staff will continue the public
hearing on November 20, 2007 at 7:00 p.m.
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Mr. McDuffie moved to postpone Ordinance No. 31-07 to a date certain
of November 20, 2007 at 7:00 p.m., seconded by Mr. Eliopoulos. Upon roll call the
Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis
- Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote.
10.A. ORDINANCE NO. 46-07 (FIRST READING/FIRST PUBLIC
HEARINGI: Consideration of a modification of the Blood's Grove Special Activities
District (5.A.D) Ordinance No. 51-95, in conjunction with a new mixed-use development
known as Midtown Delray containing 116 townhouse units (of which 32 units are subject
to the family workforce housing ordinance) and 29,571 square feet of medical offices to
be located at the southwest corner of Linton Boulevard and Old Germantown Road (4600
Linton Boulevard). If passed, a quasi judicial public hearing will be scheduled for
November 6, 2007.
The caption of Ordinance No. 46-07 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,
AMENDING SECTION 4.4.25(G), "S.A.D.s," TO ADD
SUBSECTION (9) MIDTOWN DELRAY TO THE LIST
OF APPROVED S.A.D.s; AMENDING ORDINANCE
NO. 51-95 BY REPEALING SECTIONS RELATED TO
THE BLOOD'S COMMERCIAL PROJECT MASTER
PLAN AND PROVIDING FOR REVISED
REGULATIONS GOVERNING THIS SPECIAL
ACTIVITIES DISTRICT; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTNE DATE.
(The official copy of Ordinance No. 46-07 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 stated there are also waivers that the Commission will
not act upon tonight because they will be acted upon at aQuasi-Judicial reading (second
reading of this ordinance).
Mayor Ellis reminded everyone that this is a First Reading/First Public
Hearing. The next public hearing will be open to the public for everyone who wants to
speak and encouraged everyone to not repeat the same thing so many times. She stated
the public is allowed to speak and it will be in the record; however, she reiterated that the
public use the next public hearing (which will be Quasi-Judicial hearing) to enter remarks
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into the record.
Paul Dorling, Director of Planning and Zoning, stated this is a privately
initiated amendment to the SAD (Special Activities District) ordinance to introduce 116
townhouse units on the southern part of the SAD area and a 29,571 square foot medical
office building on the northern portion of the site. He stated it included five (5) waivers
and those have been reduced to four (4) as one was found to be in compliance. Those
waivers dealt with a stacking distance in the parking lot on the medical office building;
dealt with minimum pavement width within the townhouse development and dealt with
open space as well as some internal sidewalks and a requirement fora 30 foot strip along
Linton Boulevard (found to be in compliance). Mr. Dorling commented about density
and a number of unit issues that have come up in a number of emails he has received.
At its meeting of September 17, 2007, the Planning and Zoning Board
considered this item and recommended approval with a 6 to 1 vote.
Mayor Ellis declared the public hearing open.
Henry Iler, President Principal of Iler Planning Group, 11000
Prosperity Farms Road, Suite #206, Palm Beach Gardens, FL, (stated he has been
retained by Carla Stewart. and Hammock Reserve HOA), stated the actual density of
the property is 17 units per acre (looking at residential land only and take out the office)
which is far exceeding what is in Hammock Reserve as well as across the street to the
north. If you include the office parcel, the density goes down to around 12 units per acre;
however, that is double counting and this would be allowing them to build office on the
same space that they are being allowed to build residential density. Mr. Iler stated the
Hammock Reserve on the west is RM-8 and this project on just the residential land is 17
units per acre. The project has 3-story building heights of the medical and multi-family
buildings which are incompatible with the predominantly one-story residential
neighborhoods to the west and to the north. The project is not suitable or compatible
with the existing neighborhoods and is out of character with them as well. He stated per
the staff report, uses, activities, and characteristics of an SAD are to be consistent with
the Comprehensive Plan, suitable and compatible with surrounding existing
developments and the character of the area. Mr. Iler reiterated that the actual residential
density is 17 units per acre while surrounding neighborhoods are between 6-8 units per
acre and this makes the proposed project 144% higher in actual residential density than
the existing neighborhoods. He stated the project is not consistent with the City's
Comprehensive Plan, Future Land Use Element Goal Area A and its implementing
objective A-1.
Mark Feinstein, 16244 Bridlewood Circle, Delray Beach (Foxe Chase),
stated he is in favor of workforce housing. He stated according to the plan that they have
been presented there is a serious safety issue for the children that utilize the existing
homeowners association property surrounding the project. He stated there is a school that
is right next door and in the mornings the traffic would not allow these children to utilize
the areas in a safe and effective manner. He stated this would create safety concerns for
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not only the children of Foxe Chase but the children of the surrounding homeowners
associations as well. Mr. Feinstein stated in talking to hundreds of people who are
opposing the project he believes their number one safety concern is the children utilizing
the area.
Bob Lamoureaux, 4782 Valencia Drive, Delray Beach (unit owner of
Hammock Reserve), stated Mr. Dorling is very much in favor of this project in his
interpretation and he explained that there was talk about 600 units an acre allowable and
that the Citation apartment complex was not apart of this and this is true. However, Mr.
Lamoureaux stated the SAD ordinance that was passed in 1995 allowed for four units on
that SAD district. He stated it also said that the total development was 65,000 square feet
and it is very clear in Ordinance No. 51-95.
Ezra Krei~, 16485 Bridlewood Circle, Delray Beach (Foxe Chase),
stated they had an opportunity at the beginning of this meeting to hear about some great
employees of Delray Beach and they were recognized for good community service and
good actions in the community. Mr. Kreig stated he would like to give some "shame on
you's" to the Planning and Zoning Department, to the partners in this Midtown
Downtown Development (Ascot Development), because they have painted all these
people as racists. Mr. Kreig stated all the people are in favor of workforce housing and if
every unit were as workforce housing he would applaud the City. He objects to the
process that was put together to put this project together and feels that the Planning and
Zoning Department did not trust them and did not come talk to the neighbors about how
they could make the project work effectively. He urged the Commission to work with all
the people so that Old Germantown Road will not become a congested road. Mr. Kreig
stated Old Germantown Road is a two lane road and at certain times of the day you
cannot get out of his development and there is only one entrance and egress out of his
community. He stated if this community is blocked they cannot function. Mr. Kreig
urged the Commission to bring workforce housing to the community and work together
and continue to make Delray Beach a great place.
Dr. Joseph Provenzano, 1921 S.W. 36th Avenue, Delray Beach, stated
the size of the Hammock Reserve (248 units) and the size of the SAD (116 units plus
30,000 square feet) does not match the surrounding area. He stated the traffic study
showed 1,800 vehicles coming out of that development per day either from the medical
and including the residential and noted that Blood's does not have 1,800 cars going in an
out. Mr. Provenzano stated there is going to be a problem with traffic building up on
Linton Boulevard. He stated he is not against ever developing that area; however, he
feels there needs to be concurrency. He commented about the historic depot square and
stated on 12 acres there is going to 296 workforce rentals and 92,000 square feet of
commercial office space. He stated according to the article in the newspaper this is
consistent with the last remaining 224 acres along Congress Avenue. Dr. Provenzano
stated the applicant is asking for four waivers and noted there is not enough green space
and in his opinion if the rules were followed this project would be half this size.
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Sanford Herman, 4784 Orchard Lane, Delray Beach, expressed
concern over the traffic that could be generated with this project and urged the
Commission to go in to this area in the morning when school starts and when school is
out so they can see all the cars leaving and the school buses backed up. He commented
about the changing of the setback from 50 feet to 15 feet and stated this 50 feet. Mr.
Herman stated there is not enough parking allotted inside the project and there will be a
tremendous number of cars coming and going not only from the residences but from the
medical building. He urged the Commission to develop a nice workforce housing project
but not with what is being currently proposed.
Don HIein, 4788 Orchard Drive, Delray Beach (resident of Hammock
Reserve stated he is in favor of workforce housing and stated his daughter is a police
officer and knows what she went through when she tried to purchase a house. However,
he sent an email to the Commission outlining the concerns of the residents rather than
reiterate them now. Mr. Klein urged the Commission to listen to what was presented
tonight regarding this project.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 31-07, the public hearing was closed.
Prior to the vote, Mr. Eliopoulos encouraged the developer to have a
meeting with these communities abutting against this project before this comes back to
the Commission. Also, Mr. Eliopoulos encouraged the developer not to come with
waivers and do anything they possibly can to get rid of any waivers from this project. He
commented about unit counts versus square footage and stated the Commission does
depend on staff to provide them with the information. As a local architect, Mr.
Eliopoulos stated typically the square footage (office) is not part of the unit count but is
units based on 116 versus the commercial space. He stated he is okay with regards to the
unit count (116) but is also encouraging the developer to look at the entrance. Mr.
Eliopoulos stated he attended the Planning and Zoning Board Meeting and feels the
Board was questioning the unit count versus the square footage and a representative from
the Planning and Zoning Department was present other than Mr. Dorling. Mr. Eliopoulos
stated staff's response was not a positive response and thus the Board had a question as to
whether this was an issue of 65,000 square feet versus the 116 units. Mr. Eliopoulos
stated he is happy to hear that people do not have an issue with workforce housing and
noted that these units will blend right in; however, it is an expensive cost to build these
units so that they blend in and no one can tell the difference. He encouraged the
developer to look at these buildings without subtracting units but maybe taking the ends
and dropping down to two stories and then coming back up. Mr. Eliopoulos stated these
buildings are less than 35 feet to the mean. Mr. Eliopoulos stated he called the City
Engineer regarding the intersection at Linton Boulevard and Old Germantown Road and
whether or not everything has been looked at to make this intersection better. Mr.
Eliopoulos stated staff had concerns of traffic and he feels this needs to be addressed. He
feels the developer can look at this and handle this by moving it up closer to Linton
Boulevard.
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10/16/07
Mr. McDuffie stated he lives in Oakmont (20 years) and has been here his
entire life. He stated he concurs with many of the things Commissioner Eliopoulos has
said and commented about email he received from the residents and noted that many of
the things he saw that were mistaken and were sent to everyone were cleared up in this
meeting this evening. Mr. McDuffie stated he received more than one email that said
there are no three-story units in this area. He stated at the intersection of Congress
Avenue and Old Germantown Road there is Spring Harbor which runs from Congress
Avenue to the El Rio Canal and from just south of Linton Boulevard over to Old
Germantown Road and noted there are a number of three-story units. He stated there are
landscaping buffers which the City requires on this project as well as that project to
shelter some of those things. Mr. McDuffie stated people drive by this every day and
they do not notice that there are three-story units in there. He stated there is another
development on the west side of Homewood Boulevard right in front of Verona Woods
and that project is called Crosswinds South and they are five-story apartment buildings.
Mr. McDuffie stated this is not a precedent setting project but noted those projects exist
there today. He expressed concern over the traffic study and the access/egress to that
area may be very problematic especially with the elementary school there. He urged the
developer to take a look at that and would also like to get some numbers from Palm
Beach County regarding the traffic and revisit this issue. With regard to the setback off
Linton Boulevard, Mr. McDuffie stated there was an agreement with the Lake Worth
Drainage District to culvert the canal and noted that this turns to green space but he
would like to see some re-work done on this. Mr. McDuffie stated with regard to the
waiver for the preserve area, he would like to see something done to bring that up to the
required level in the staff report. He feels this project can be worked out and reiterated
that with regard to the traffic he would like to see something to give us an indication on
what we might be able to do to relieve some of the traffic because there are many things
coming together in one spot and nothing is of higher concern than the safety of the
children. Mr. McDuffie stated he is not opposed to 116 units or three stories but he
believes it needs to be worked on.
Mrs. Montague stated she supports the project but with conditions. She
stated she has received and read all her emails. Mrs. Montague stated there is a lot of
misinformation and stated for example there is a medical facility that is 29,571 square
feet and she is hearing people talk about 65,000 square feet and this is what many people
appear to believe. She stated at this point everyone should have an understanding that
this is less than 30,000 square feet in terms of the medical facility. Mrs. Montague stated
that a traffic study was done and she spoke to the Traffic Engineer and noted she has
numerous concerns. She stated the ingress/egress from Linton Boulevard and what
happens in the morning (6:45-7:20 a.m. when the children go to school) and noted it is
about the same time that people would be leaving the residential component of this
project. Mrs. Montague stated she believes there is a police officer that is stationed at
Linton Boulevard that does traffic and suggested that an option maybe to~ have a second
police officer at the intersection inside. She stated the Commission would like the
Planning Director and the developer to get together to find out what the options are. She
stated she does not believe in a reduction in the preserved area because she expects at
least 25%. For those homes abutting Hammock Reserve, this is something that she
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10/16/07
would like the Planning and Zoning Department to discuss to see how we soften the
rooftops along there as well as build up a buffer along there.
Mr. Eliopoulos asked Mr. Dorling about Ordinance No. 51-95 with regard
to four units versus 65,000 square feet and for clarification on the 15 foot landscape
buffer versus a 50 foot.
The City Attorney stated the Quasi-Judicial Hearing on all these details
that will go into the record that can be refuted and across-examination will be the second
public hearing. She stated the Commission is getting into this level of detail and the
Commission is almost starting aQuasi-Judicial Hearing without having one. The City
Attorney stated they can request a quick answer.
Mr. Dorling stated the 50 foot buffer is actually a 30 foot along Linton
Boulevard and has been satisfied with the issue with Lake Worth Drainage District and
the culvert of the canal. He stated the 1,800 trips is the daily trip generation rate for this
project and the traffic study has been done. Staff has asked for additional information
that is going to be forthcoming quickly on some distribution of that traffic and there has
also been a detailed intersection analysis done at Old Germantown Road and Linton
Boulevard. Mr. Dorling stated Ordinance No. 51-95 does not reference a number of
units; the four units that are being discussed was a plan that accompanied it for a
commercial operation on the Blood's Grove property itself. He stated it is referenced in
the ordinance but there was a concept plan that was accompanying the land use action
and it was not formally adopted in Ordinance No. 51-95 as specific numbers.
Mrs. Montague moved to postpone Ordinance No. 31-07 on First
Reading/First Public Hearing, seconded by Mr. McDuffie. Upon roll call the
Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis
-Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote.
At this point, the City Attorney explained that Items 10.B., 10.C., and
10.D. are individual contracts for the purchase of part of the retail space under the Old
School Square Garage. All of these contracts have been advertised in accordance with
the City's ordinances.
10.B. CONTRACT FOR SALE AND PURCHASE/CONDOMINIUM
UNITS 1-9/ OLD SCHOOL SQUARE PARKING GARAGE PROPERTY/FAMILY
GOURMET MARKETS, LLC: Consider approval of a contract to sell City owned
property, condominium units 1-9, located on the first floor of the Old School Square
Parking Garage at the southwest corner of N.E. 2"d Avenue and N.E. 1St Street, and
Contract for Sale and Purchase between the City and Family Gourmet Food Markets,
LLC in the amount of $3,600,000.00.
The City Attorney stated this is a contract for sale and purchase of
condominium units 1-9 put forth by Gourmet Markets, LLC and the contract price for all
nine is $3,600,000.00. There is no listing broker and there are some contingencies
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(having condominium documents prepared). Staff is in the process of having the legal
descriptions prepared and they are complex due to the garage situation. They would want
to be assigned five (5) covered parking spaces located above the units and we can do de
minimis allocations of parking through a license agreement so that the City has control
over it because the City can only have de minimis private use of the garage portion.
Mayor Ellis declared the public hearing open.
Mitchell B. Kirschner, P.A., 1515 North Federal Highway, Suite #314,
Boca Raton, FL 33432, stated Family Gourmet Markets, LLC is a real estate arm of
Kings Markets in Boca Raton on Military Trail and have been there for approximately 30
years. He stated they recently made arrangements to move their current store to
Powerline Road and they find that they have a large and loyal constituency among Delray
Beach. He stated they would love to acquire all nine (9) units and it is their
understanding that the City may be holding four (4) units for the Chamber of Commerce
and if so they would be happy to acquire the other five (5) units. He stated what they are
looking to do is have a village downtown market selling produce, seafood, flowers, fine
wines, a cooking school, a cooking bookstore and the like. He feels Kings will be good
for the downtown.
There being no one else from the public who would like to address the
Commission regarding the contract for sale and purchase for condominium units 1-9, the
public hearing was closed.
10.C. CONTRACT FOR SALE AND PURCHASE/CONDOMINIUM
UNITS 5-9/ OLD SCHOOL SQUARE PARKING GARAGE PROPERTY/FAMILY
GOURMET FOOD MARKETS, LLC: Consider approval of a contract to sell City
owned property, condominium units 5-9, excluding the western four (4) units. The
property is located on the first floor of the Old School Square Parking Garage at the
southwest corner of N.E. 2"d Avenue and N.E. lst Street, and Contract for Sale and
Purchase between the City and Family Gourmet Food Markets, LLC in the amount of
$2,347,499.20.
The City Attorney stated this is a contract for sale and purchase for
condominium units 5-9 (does not include the western four (4) units) that maybe reserved
for the Chamber of Commerce. The price is $2,347,499.20 for condominium units 1-5
excluding the western four (4) units. The conditions are basically the same as in Item
10.B.
Mayor Ellis declared the public hearing open.
Mr. Kirschner stated they can make this work within the five (5) units. He
stated if you do a comparison their contract is approximately $100,000.00 in price which
was suggested by the appraiser. They do not have a broker and they would take the
building without floor and no build out.
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10/16/07
There being no one else from the public who wished to address the
Commission regarding the contract for sale and purchase for condominium units 5-9,
excluding the western four (4) units, the public hearing was closed.
10.D. CONTRACT FOR SALE AND PURCHASE/FIVE (5)
CQNDOMINIUM UNITS/OLD SCHOOL SQUARE PARKING GARAGE
PROPERTY/DAVINCI CANDLE, LLC: Consider approval of a contract to sell City
owned property, five (5) condominium units, excluding the western four (4) units. The
property is located on the first floor of the Old School Square Parking Garage at the
southwest corner of N.E. 2nd Avenue and N.E. 1St Street, and Contract for Sale and
Purchase between the City and Davinci Candle, LLC in the amount of $2,244,600.00.
The City Attorney stated this is a contract for the five (5) condominium
units, excluding the western four (4) and the contract price is based on $215 per square
foot on an estimated 10,440 square feet for a total of approximately $2,244,600.00. The
City Attorney stated there is a brokerage fee and they did submit a letter indicating that
they would take a dark shell so even though the contract is currently written it provides
that the City would do some finishing. They have changed that by their letter. The City
Attorney stated they are requesting ten (10) parking spaces; two per unit for the exclusive
use of the buyer. The City Attorney stated the City could perhaps do ten (10) spaces but
she wants to make sure the City has a license and something we can readily get out of
should the City need to with its bonding.
Mayor Ellis declared the public hearing open.
Michael Weiner, Attorney with. Weiner & Aronson, P.A., 102 North
Swinton Avenue, Delray Beach (speaking on behalf of the potential purchaser),
stated this gives the City the opportunity to have an international corporate headquarters
in downtown Delray Beach, Florida. He stated there are hundreds of thousands of square
feet of retail opportunities and there are almost no office opportunities and this provides
an office opportunity for corporate headquarters.
Ingrid Kennemer, 1045 East Atlantic Avenue, Suite #311, Delray
Beach (Broker/Coastal Group, LLC) stated they have been looking for office space for
this group for the last 6-8 months and are willing to pay a premium to be in the
downtown corridor. She stated they are not willing to stay in Delray unless the City can
afford them what they are looking for in the entire package.
Michael Horvitz, 115 S.E. 4th Avenue, Delray Beach (managing
partners for the bidder on the project Davinci Candle, LLC. and is also the
President of Twin Star International), stated they have been in downtown Delray
Beach for approximately three years. He stated they do not have the opportunity to do
any further expansions within their building and they need the additional space. Mr.
Horvitz stated they were bought by a private equity firm based out of Miami in May 2007
and they have required them to move into a larger headquarters to give them the ability to
a multi-year expansion. He stated it is not an option for them to stay where they are or to
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find anything else in the downtown corridor unfortunately nothing else exists. Mr.
Horvitz stated if there are any issues in the contract that need to be worked out they are
ready and willing to do so. He stated they are a cash buyer and the only contingency in
their contract is condominium documents because without them they do not know exactly
what their rights and remedies are in the event something goes wrong.
The City Attorney stated the legal descriptions are being formulated and
the condominium documents are underway and staff knows they want to work with
whoever they partner with on those documents so that those are satisfactory to them as
well as the City. Mayor Ellis explained to the Commission that the City is trying to
designate one of these contracts that we would like to move forward with negotiations on.
Mr. Kirschner stated he appreciates that the competitive bidder is saying
sell them this or they are going elsewhere. He stated this is such a terrific location with
having the parking above it, being next to Old School Square, and right off the Avenue.
He stated to put a static use in this building seems to be a misuse of a terrific asset. He
stated they too are a cash buyer; however, a good bid higher.
The City Attorney stated because there is not a concrete contract to
approve at this point, staff is seeking direction on who to further negotiate with and come
to a contract with. If the Commission feels that it is not appropriate to come to a contract
with either of these two and they want a wider view, the City can go out for a Request for
Proposal (RFP) which they have not done in this case but are not legally required to do.
The City Attorney stated they have followed all their ordinance processes. This process
developed like this because there was another potential buyer that was also involved in
the old library site that would work perhaps in with the Chamber but they failed to submit
a bid at the last minute.
Mayor Ellis asked whose responsibility is it to provide the Chamber of
Commerce a home. The City Attorney stated it is the responsibility of the old library
group.
Mrs. Montague asked where the City stands with that because the
Chamber relocating here or staying where it is does make a significant difference on how
this site is developed. The City Attorney stated she had a conversation with one of the
principals in the old library site today and was informed that they want to commit to this.
However, the City Attorney stated there is no document yet and staff is working with the
them on a Chamber Relocation Agreement and when this is signed then the City will
know what they would like to do.
Mrs. Montague asked if staff has a timeframe on when we might know
more as far as the Chamber's relocation. In response, the City Attorney stated staff does
not have a specific timeframe. Mrs. Montague stated she has difficulty making a decision
on the best direction for this site when she does not know where the Chamber is going to
be and that is a significant part of what happens with either this site or the site on Federal
Highway. Mrs. Montague stated this is one of the prime parcels in the City and is the
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heart of our downtown and we have not explored every option (although advertised but
we have not gone out for an RFP). She stated because this is such a significant part of the
City, Mrs. Montague stated she feels remiss not looking under every stone to find out
what options we really do have in terms of redeveloping this site.
Mrs. Montague asked what additional time would it add to this process if
staff were to go out for an RFP. The City Attorney stated staff would have to formulate
an RFP and noted that the Chamber might let the City know quickly whether or not they
are going to be there. However, she noted that they will not actually start doing buildup,
etc. that is contemplated in this move until closing which would occur after some
approvals are obtained for. the old library site with potential outside time of three (3)
years from the date they enter into a contract with the Community Redevelopment
Agency (CRA).
Mr. McDuffie stated he thinks looking around it is a very interesting thing
but at the same time he is cognizant of what the real estate market looks like right now.
He stated although he feels the City needs to give the Chamber an opportunity he does
not feel staff should give them too much longer especially since there are willing buyers
right now. Mr. McDuffie stated he does not know what the timeframe is for these two
organizations that have come before the Commission tonight but he does not want to drag
this out to the extent that we lose the opportunity to entertain these buyers' offers. Mr.
McDuffie stated he is willing to look but inquired how quick an RFP can be turned
around. The City Attorney stated she feels you can turn an RFP around in approximately
ninety (90) days. Mrs. Montague stated she feels that ninety (90) days compared to how
long whatever the Commission decides will go there and how it is going to affect the
entire downtown is worth it. Mrs. Montague stated she feels both offers are wonderful
but she does not feel she is in a position to make a decision on either one until the City
goes out for the RFP. She feels this would be a more fair process and long-term is to the
benefit of the downtown.
Mayor Ellis stated the City needs its money back on the investment of the
garage. She stated the businesses are ready to make a move and noted these are buyable
offers. Mayor Ellis stated the group that received the proposal for the old library site
should not be stirring the Commission along. She stated the Commission kept waiting
for a proposal where they indicated that they wanted to purchase this retail space and that
they were not going to move the Chamber to this site and now they are moving the
Chamber to this site. Mayor Ellis stated this is a logical destination for that group to
move the Chamber to but there is 10,000 square feet of retail space. Mayor Ellis stated
she feels these are good offers and she would support selecting one and starting
negotiations.
Mr. Eliopoulos stated he is looking at this from the environment that we
are in. Mr. Eliopoulos stated he is leaning towards Item 10.B. Family Gourmet Food
Markets and feels this would help the area and would start a domino affect. He stated the
first group came in with an offer right up front and he supports moving forward with this.
Mr. Eliopoulos stated should the Commission choose to go the other route as suggested
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by Commissioner Montague he would be fine with it; however, he feels sometimes it
tends to backfire and noted that there is this space sitting there and the longer it sits the
higher the cost for overhead and the more money the City is losing. Mayor Ellis
concurred with comments expressed by Commissioner Eliopoulos.
Mr. Eliopoulos moved to direct the City Attorney to negotiate a contract
with Family Gourmet Food Markets, LLC (Item 10.C.), seconded by Mr. McDuffie.
Upon roll call the Commission voted as follows: Mrs. Montague - No; Mayor Ellis -
Yes; Mr. Eliopoulos -Yes; Mr. McDuffie -Yes. Said motion passed with a 3 to 1 vote,
Commissioner Montague dissenting.
10.F. ORDINANCE NO. 48-07: An ordinance amending Chapter 37, "Delray
Beach Code Enforcement," of the Code of Ordinances by amending Section 37.45,
"Supplemental Code Enforcement Procedures", Subsection 37.45(L), "Recovery of
Unpaid Civil Penalties; Unpaid Penalty to Constitute a Lien; Foreclosure", to provide for
the placement of liens due to unpaid citations.
The caption of Ordinance No. 48-07 is as follows:
office.)
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 37, "DELRAY BEACH CODE
ENFORCEMENT" OF THE -CODE OF ORDINANCES
BY AMENDING SECTION 37.45, "SUPPLEMENTAL
CODE ENFORCEMENT PROCEDURES",
SUBSECTION 37.45(L}, "RECOVERY OF UNPAID
CNIL PENALTIES; UNPAID PENALTY TO
CONSTITUTE A LIEN; FORECLOSURE", TO
PROVIDE FOR THE PLACEMENT OF LIENS DUE TO
UNPAID CITATIONS; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 48-07 is on file in the City Clerk's
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Ellis declared the public hearing open. There being no one from
the public who wished to address the Commission regarding Ordinance No. 48-07, the
public hearing was closed.
Mr. McDuffie moved to adopt Ordinance No. 48-07 on Second and
FINAL Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as
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follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. McDuffie -Yes; Mrs. Montague
- Yes. Said motion passed with a 4 to 0 vote.
10.G. ORDINANCE NO. 47-07: City initiated amendment to the Land
Development Regulations (LDR), amending Section 1.4.1, "Interpretation of Land
Development Regulations", Article 2.2, "General Provisions", Sections 2.2.1, 2.2.4,
2.4.3,7.1.3,7.8.9,7.8.12,7.8.14,7.8.15,7.8.16,7.8.17,7.8.18, 7.8.19, 7.8.20, 7.8.21, and
7.8.22 and repealing Section 2.25 and 7.8.13 to substitute "Board of Adjustment" for
"Board of Construction Appeals".
The caption of Ordinance No. 47-07 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,
BY AMENDING SECTION 1.4.1, "INTERPRETATION
OF LAND DEVELOPMENT REGULATIONS",
SUBSECTION (A), "BUILDING REGULATIONS";
AMENDING ARTICLE 2.2, "ESTABLISHMENT OF
BOARDS HAVING RESPONSIBILITIES FOR LAND
DEVELOPMENT REGULATIONS"; AMENDING
SECTION 2.2.1, SUBSECTION (A),
"QUALIFICATIONS"; AMENDING SECTION 2.2.4,
"THE BOARD OF ADJUSTMENT", AND REPEALING
SECTION 2.2.5, "THE BOARD OF CONSTRUCTION
APPEALS", IN ORDER TO COMBINE BOTH
SECTIONS INTO A NEW SECTION 2.2.4, "THE
BOARD OF ADJUSTMENT"; AMENDING SECTIONS
2.4.3, "SUBMISSION REQUIREMENTS",
SUBSECTION (K)(1), "DEVELOPMENT
APPLICATIONS", IN ORDER TO REMOVE
REFERENCE TO BOARD OF CONSTRUCTION
APPEALS; AMENDING SECTION 7.1.3, "BUILDING
CODE", SUBSECTION (A), SECTION 7.8.9,
"INVESTIGATION; NOTICE", SUBSECTION (A)(5),
SECTION 7.8.12, "STANDARDS FOR DETERMINING
ACTION TO BE TAKEN BY BUILDING OFFICIAL",
AND REPEALING SECTION 7.8.13, "PROCEDURAL
MATTERS, BOARD OF CONSTRUCTION APPEALS",
AMENDING SECTION 7.8.14, "APPEALS,
GENERALLY; BOARD OF CONSTRUCTION
APPEALS", SECTION 7.8.15, "DECISIONS,
GENERALLY", SECTION 7.8.16, "APPEALS,
AUTHORIZED FORM", SECTION 7.8.17, "HEARING,
FAILURE TO APPEAR AT HEARING, BOARD OF
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10/16/07
CONSTRUCTION APPEALS", SECTION 7.8.18,
"RULES OF PROCEDURE FOR HEARING APPEALS,
BOARD OF CONSTRUCTION APPEALS", SECTION
7.8.19, "STAYING OF NOTICE UNDER APPEAL TO
BOARD OF CONSTRUCTION APPEALS", SECTION
7.8.20, "FAILURE TO COMPLY WITH FINAL ORDER
OR DECISION", SECTION 7.8.21, "RECOVER OF
COST OF DEMOLITION; LIENS", AND SECTION
7.8.22, "VIOLATIONS; PROVIDING FOR
INDEPENDENT JUDICIAL PROCEEDING", IN ORDER
TO SUBSTITUTE "BOARD OF ADJUSTMENT" FOR
"BOARD OF CONSTRUCTION APPEALS";
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 47-07 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 ordinance
dissolves the Board of Construction Appeals and takes those duties and puts it in with the
Board of Adjustment.
At its meeting of September 17, 2007, the Planning and Zoning Board
considered the text amendment and recommended approval with a 7 to 0 vote.
Mayor Ellis declared the public hearing open. There being no one else
who wished to address the Commission regarding Ordinance No. 47-07, the public
hearing was closed.
Mrs. Montague moved to adopt Ordinance No. 47-07 on Second and
FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as
follows: Mr. Eliopoulos -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis
- Yes. Said motion passed with a 4 to 0 vote.
8. CONSENT AGENDA:- City Manager Recommends Approval.
8.A. AMENDMENT NO. 1/HISTORIC FACADE ARCHITECTURAL
CONTROL AND REDEVELOPMENT EASEMENT: Approve Amendment No. 1 to
the Historic Facade Architectural Control and Redevelopment Easement Agreement
between the City and the Community Redevelopment Agency (CRA) providing that
additional structures may be placed on the Cason Cottage property (Bungalow or
Lavender Shutter Building) with the permission of the Community Redevelopment
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10/16/07
Agency (CRA) in order to allow for the placement of the Hunt House on the property.
8.B. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.A.
8.C. RESOLUTION NO. 59-07:
the Carver Estates Revitalization Hope VI
Beach Housing Authority.
Approve Resolution No. 59-07 supporting
Grant application developed by the Dekay
The caption of Resolution No. 59-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, BY WHICH
THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH HEREBY RESOLVES THAT IT
ENTHUSIASTICALLY AND WHOLEHEARTEDLY
SUPPORTS THE CARVER ESTATES
REVITALIZATION HOPE V,I GRANT APPLICATION
DEVELOPED BY THE DELRAY BEACH HOUSING
AUTHORITY TO THE UNITED STATES
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT.
office.)
(The official copy of Resolution No. 59-07 is on file in the City Clerk's
B.D. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.
8.E. COASTAL ..PLANNING & ENGINEERINGBEACH
RENOURISHMENT: Approve and authorize Coastal Planning & Engineering to
proceed with the Two (2) Year Post Construction Physical Monitoring for the Beach
Renourishment Project in the amount of $44,249.00. Funding is available from 332-
4164-572-31.30 (Beach Restoration Fund/Engineering/Architect).
8.F. EXTENDED WARRANTY/ZOLL MEDICAL CORPORATION:
Approve a one (1) year extended warranty in the amount of $18,648.00 to Zoll Medical
Corporation for fourteen (14) 12-Lead Defibrillator Monitors M Series Units. Funding is
available from 001-2315-526-46.20 (General Fund/Equipment Maintenance).
8.G. ANNUAL PROJECT HOLIDAY/YOU ARE NOT ALONE
ORGANIZATION: Approve a request to endorse the 2° Annual Project Holiday
sponsored by the You Are Not Alone Organization and authorize City and staff support
to assist with mailing packages to armed services personnel.
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10/16/07
8.H. SPECIAL EVENT REQUEST/HOLIDAY PAGEANT PARADE•
Approve and endorse the Annual Holiday Pageant Parade co-sponsored by the Parks and
Recreation Department and the Chamber of Commerce to be held on December 8, 2007
beginning at approximately 6:00 p.m., granting a temporary use permit per LDR Section
2.4.6(F) for the closure and use of Atlantic Avenue from Gleason Street and Andrews
Avenue to N.W. 1St Avenue for parade route; Miramar, Lowery, Gleason and Andrews
for parade set up from approximately 4:00 p.m. to 6:00 p.m.; and authorize staff support
for traffic control and security, EMS assistance, barricade set-up/removal, trash
removaUclean up, and processing of the FDOT permit.
8_I. SPECIAL EVENT REQUEST/ HOLIDAY TREE LIGHTING/ART
& JAZZ ON THE AVENUE: Approve and endorse the Holiday Tree Lighting and Art
& Jazz on the Avenue scheduled for November 29, 2007 from 6:00 p.m. to 10:00 p.m.;
granting a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic
Avenue from Swinton Avenue to N.E./S.E. 7th Avenue; to the alley north of Atlantic
Avenue on N.E. 1St Avenue, N.E. 2nd Avenue, Raikoad Way, and N.E. 4th Avenue; from
Atlantic Avenue to the alley south on S.E. 1St Avenue, S.E. 2nd Avenue and S.E. 4th
Avenue; and authorize staff support for security and traffic control, banner
hanging/removal, barricade set-up/removal, trash removal, clean up assistance, and
use/set up of the new City stage.
8_J. HOUSING REHABILITATION GRANT/CONTRACT AWARDS:
Approve two (2) Housing Rehabilitation grant/contract awards through the Community
Development Division in the amount of $31,862.25 to Cordoba Construction Co. Inc.,
and in the amount of $33,967.50 to Ray Graeve and Sons Construction. Funding is
available from 118-1924-551-49.19 (State Housing Initiatives Partnership (SHIP)
Program/Housing Rehabilitation) and 118-1963-554-49.19 (Community Development
Fund/Housing Rehabilitation).
8.K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by~the Land Development Boards for
the period October 1, 2007 through October 12, 2007.
8.L. AWARD OF BIDS AND CONTRACTS:
1. THIS ITEM HAS BEEN MOVED TO THE REGULAR
AGENDA AS ITEM 9.A.A.A.A.
2. THIS ITEM HAS BEEN MOVED TO THE REGULAR
AGENDA AS ITEM 9.A.A.A.A.A.
3. Purchase award to American Traffic Products and Services in the
amount of $20,455.70 for the City's yearly supply of signs and
sign supplies. Funding is available from 001-3141-541-52.20
(General Fund/General Operating Supplies).
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Mr. McDuffie moved to approve the Consent Agenda as amended,
seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr.
McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said
motion passed with a 4 to 0 vote.
At this point, the Commission moved to Item 11, Comments and
Inquiries on Non-Agenda Items from the City Manager and the Public.
11.A. City Manager's response to prior public comments and inquiries.
The City Manager had no response to prior public comments and
inquiries.
11.B. From the Public.
11.B.1. Alice Finst, 707 Place Tavant, Delray Beach, stated she has spoken to
the Commission before about how important it is in letting the public know about what is
going on. She stated the Commission had the opportunity tonight to let the public know
what is going on out front and in the First Floor Conference Room in the back. She
stated the speaker in the First Floor Conference Room is not at its maximum. Mrs. Finst
stated the Commission had the opportunity because they have a computer sitting at the
front desk to lift it up to the counter and turn it on and people in the lobby could have
watched the meeting on the computer and this way the public could have seen what was
going on during the meeting. She commented that the speakers outside the door do not
seem to be working at all. Mrs. Finst stated the Commission would have had the
opportunity for the public to follow the meeting and also place another computer in the
First Floor Conference Room and people could have watched the meeting in there also.
At this point, the Commission moved to the Regular Agenda.
9. REGULAR AGENDA:
9.A.A. GRANT APPLICATIONS/FLORIDA DEPARTMENT OF
STATE/DIVISION OF HISTORICAL RESOURCES: Authorize staff to submit two
(2) grant applications to the Florida Department of State, Division of Historical
Resources for funding in the amount of $25,000.00 to resurvey four (4) historic districts
(Del-Ida Park, Nassau Park, Old School Square and West Settlers Historic Districts) and
purchase ten (10) State Historical Markers.
Mrs. Montague stated there are five (5) historic districts and asked for an
explanation for the sake of the public as to why this is referring to only four (4) historic
districts.
Paul Dorling, Director of Planning and Zoning, stated the Marina Historic
District is currently being surveyed at no cost to the City by some people who live in the
district and then it is going to be sent and reviewed by Ellen who is on the Historic
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Preservation Board and then it will be sanctioned by the State of Florida. Staff is being
careful to make sure that what is being generated is going to be acceptable tjo the State.
Mrs. Montague moved to approve to authorize staff to submit two (2)
grant applications to the Florida Department of State, Division of Historical Resources
for funding in the amount of $25,000.00 to resurvey four (4) historic districts (Del-Ida
Park, Nassau Park, Old School Square and West Settlers Historic Districts) and purchase
ten (10) State Historical Markers (formerly Item 8.D.), seconded by Mr. Eliopoulos.
Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -
Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote.
9.A.A.A. RENEWAL OF LEASE AGREEMENT/DELRAY BEACH
HISTORICAL SOCIETY/CASON COTTAGE PROPERTY: Approve the renewal
of the lease agreement between the City and the Delray Beach Historical Society for the
Cason Cottage Property.
Mr. Eliopoulos stated Item D in the agreement (To Keep in Repair and in
Good Condition) and asked Mr. Hasko who is responsible for taking care of some of
these historic structures as he took a tour of many City buildings. Mr. Eliopoulos would
like to get a clear definition of what they are required to do versus what the City might be
doing. He commented about the Sandoway House and what he is hearing from some of
the City staff is that when it comes to maintenance, they are given certain direction
sometimes by some of the historians. Mr. Eliopoulos stated he is seeing a lot of
continuing repairs going on and feels we should focus on some of these structures and cut
down on the maintenance if they are maintained the proper way. Mr. Eliopoulos
suggested educating them about how they are going to take care of the building because
many times it is a lack of communication or education on what is the proper way.
Prior to the vote, Mr. McDuffie stated we discussed this with some of the
other historic structures that he had taken a look at the disrepair of these structures. He
asked Mr. Dorling if he was interjecting something into the new guidelines that had to do
with maintenance and repair of these structures. Mr. Dorling stated it is a modification
that declares that if you do not maintain a structure it is a nuisance and then there is a
fining process that is attached to that (for privately owned property). Mr. McDuffie
concurred with comments expressed by Commissioner Eliopoulos and stated he too has
found buildings in the City that are not maintained as they should be. Mr. McDuffie
stated he understands we are in a money crunch; however, he would like to see us
maintain the buildings early and not have to repair them at a higher expense later on.
Mr. Eliopoulos moved to approve the renewal of the Lease Agreement
between the City of Delray Beach and the Delray Beach Historical Society for the Cason
Cottage Property (formerly Item 8.B.), seconded by Mr. McDuffie. Upon roll call the
Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis
- Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote.
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10/16/07
9.A.A.A.A. Purchase award to Ten-8 Fire Equipment, Inc. of Bradenton,
Florida/Pierce Manufacturing, Inc. in the amount of $469,778.00 for the purchase of
one (1) Pierce Manufacturing, Inc. Custom Heaw Duty Pumper for the Fire
Department. Funding is available from 501-3312-591-64.25 (Central Garage
Fund/Heaw Equipment).
Mr. Eliopoulos expressed concern of the cost and asked Fire Chief James
if this pumper is actually something we really need today or something we can live
without. Mr. Eliopoulos asked how this will help the Fire-Rescue Department. In
response, Fire Chief James stated this is replacement recommendation for replacement
based on the industry standards for replacement of an emergency response vehicle. This
vehicle is 15 years old and as such it suffers a number of repairs that is costing more to
keep it than to trade it in. In addition, Chief James stated new technology has emerged
that is available on the new pumper and it will be more efficient. He stated a pumper is a
fire apparatus that is used to put out a fire.
The City Manager stated this is the Florida State Sheriff's Association
which is a statewide contract. In 1992 as part of the Decade of Excellence Bond Issue,
the City Manager stated the City of Delray Beach bought three (3) pieces of large fire
equipment (two pumpers and a ladder) and one of the things the City is trying to do is not
purchase these with bond funds but to purchase them out of vehicle replacement and
spread them out because the vehicle replacement fund could not afford to buy three of
them in one year. The City Manager stated this is the first one and the others will come
along in later years. As far as road miles, the City Manager stated particularly if fire
vehicles are at a fire they have a lot of usage and engine running even when they are not
generating road miles. However, there is wear and tear on the engine and other
equipment that is associated with the truck.
Mr. Eliopoulos moved to approve Item 9.A.A.A.A. (formerly Item
8.L.1.), seconded by Mrs. Montague. Upon roll call the Commission voted as follows:
Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. McDuffie -Yes.
Said motion passed with a 4 to 0 vote.
The City Manager stated all vehicle replacements including these are
funded from the money that is generated from vehicle rentals. In theory, the City
Manager stated all of the City vehicles are owned by the City Garage and they rent them
to the operating departments. Those rental charges go into a pot which is the Vehicle
Replacement Fund and that is what is being used to pay for these two replacements.
9.A.A.A.A.A. Purchase award to Hall-Mark Fire Apparatus of Ocala. Florida in the
amount of $214,741.37 via the Florida Sheriff s Association, Bid #05-06-0823 for one
(1) 2008 Custom Rescue Transport Unit for the Fire Department. Funding is
available from 501-3312-591-64.25 (Central Garage Fund/Heaw Equipment).
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Mr. Eliopoulos asked what this vehicle does and inquired about the
$97,000.00 in upgrades. In response, Fire Chief James stated the basic price is basically
for the shell and the upgrades allow the Fire-Rescue Department to bring the vehicle up
to standards based upon their type of operation which is an advanced emergency medical
service system. Fire Chief James stated with that it allows the Fire-Rescue Department to
equip the vehicle up to the standards needed to provide that type of service. He stated the
vehicle is an advanced life support rescue unit.
Mrs. Montague moved to approve Item 9.A.A.A.A.A. (formerly Item
8.L.2.), seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows:
Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes.
Said motion passed with a 4 to 0 vote.
9.A. REQUEST FOR IN-LIEU PARKING SPACES/ONNEN DISASTER
AND RECOVERY CENTER: Consider a request from the Onnen Disaster and
Recovery Center for the purchase of three (3) in-lieu parking spaces in the amount of
$46,800.00 to accommodate a proposed 4-story mixed use building containing 9,361
square feet of office space and one (1) residential unit on the fourth floor. The Onnen
Disaster and Recovery Center is located at 234 N.E. 4`h Avenue. (Quasi-Judicial
Hearing)
Scott Aronson, Parking Management Specialist, stated this item is for
approval of a request from the Onnen Disaster and Recovery Center for the purchase of
three (3) in-lieu parking spaces to accommodate a proposed 4-story mixed use building
containing 9,361 square feet of office space and one residential unit on the fourth floor.
The Onnen Disaster and Recovery Center is to be a hurricane hardened facility with back
up generator power to be located at 234 N.E. 4`h Avenue. The proposed office use will
primarily serve as a data storage center (50% of the space) for computer equipment
intended to store data for off-site corporations. The balance of the space will be offices
which will be utilized on a limited basis. The required parking for the development
proposal is 1 space per 1,000 square feet of warehouse plus 3 spaces per 1,000 square feet
for attendant offices. Utilizing these parking generation rates, the total required parking
for the project is 22 spaces including the required spaces for the residential unit. The
project is providing 19 of the 22 required parking spaces on-site. The applicant is
requesting to purchase three (3) in-lieu parking spaces at a cost of $15,600.00 per space
for a total of $46,800.00. In accordance with LDR Section 4.6.9(E)(3), the total fee of
$46,800.00 will be paid via an in-lieu of parking fee payment agreement, which requires
50% payment upon signing of the agreement and two subsequent payments of 25% on
the second and third anniversaries of the agreement. The provision of parking in this case
supports the Delray Beach Downtown Master Plan.
At its meeting of September 25, 2007, the Parking Management Advisory
Board (PMAB) reviewed the request and recommended approval; at its meeting of July
9, 2007, the Downtown Development Authority (DDA} reviewed the request and
recommended approval of the original request for 19 in-lieu spaces; at its meeting of
October 8, 2007, the DDA accepted the update presented by staff specifically noting a
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reduction to 3 in-lieu spaces; at its meeting of October 11, 2007, the Community
Redevelopment Agency (CRA) considered this item and recommended approval. Staff
recommends approval of the applicant's request.
At this point, the City Attorney stated although this is aQuasi-Judicial
proceeding, it is not necessary to read the Quasi-Judicial rules because this is a very
limited scenario and this is the last one; however, the City Attorney asked the
Commission to disclose their ex parte communications. Mr. McDuffie and Mrs.
Montague stated they had no ex parte communications to disclose. Mayor Ellis stated
she spoke with Mr. Onnen in reference to this being a hardened IT building and that we
are proposing one in the City and spoke about the possibilities some time ago. Mr.
Eliopoulos stated as a liaison for the Parking Management Advisory Board he was at the
meeting and part of the presentation.
Janet Whipple, Acting City Clerk, swore in those individuals who wished
to give testimony on this item.
Tom Stanley, 50 N.E. 5th Avenue, Delray Beach (Attorney for the
Applicant), distributed athree-D sketch of the building to the Commission and stated it
is a beautiful building considering what its intended use is.
Mrs. Montague inquired about the elevator. Mr. Stanley stated there is an
elevator as part of the plans and two stairwells.
Mayor Ellis asked if anyone from the public would like to speak in favor
or in opposition of this item, to please come forward at this time. There being no one else
from the public who wished to address the Commission, the public hearing was closed.
There was no cross-examination or rebuttal.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Eliopoulos moved to approve the Board Order as presented, seconded
by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Eliopoulos -
Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed
with a 4 to 0 vote.
9.B. AGREEMENT/HORSE DRAWN CARRIAGES, INC.: Consider
approval of an agreement between the City and Horse Drawn Carriages, Inc. to provide
horse and carnage rides along Atlantic Avenue and N.E. 2"d Avenue as specified from
November 1, 2007 through May 30, 2008.
Robert A. Barcinski, Assistant City Manager, stated the Commission is
requested to approve an agreement between the City of Delray Beach and Horse Drawn
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Carriages, Inc. to provide service along Atlantic Avenue and N.E. 2"a Avenue from
November 1, 2007 through May 30, 2008. The route would be along Atlantic Avenue,
with pick up and drop off points at the Marriott Atlantic Avenue entrance, to two (2)
parking spots on the south side of Atlantic Avenue adjacent to Worthing Park. The
proposed schedule of service is as follows: from November 1, 2007 through November
27, 2007, Wednesday through Saturday, from 5:30 p.m. until 11:00 p.m., weather
permitting; and from January 7, 2008 through May 30, 2008, Wednesday through
Saturday, from 5:30 p.m. until 11:00 p.m., weather permitting. Ten percent of the gross
revenue received would be donated to the Downtown Marketing Cooperative to offset
cash costs for putting up the Holiday Tree. Staff recommends approval contingent on the
receipt of the required Certificate of Liability Insurance.
Mrs. Montague moved to approve the Agreement between the City of
Delray Beach and Horse Drawn Carriages, Inc., seconded by Mr. McDuffie. Upon roll
call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes;
Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passes with a 4 to 0 vote.
9.C. REJECTION OF BIDS/DELRAY BEACH SWIM AND TENNIS
CENTER WEST PARKING LOT PROJECT: Consider rejection of all bids received
for the Delray Beach Swim and Tennis Center West Parking Lot Project; and authorize
staff to re-advertise for competitive bids.
Richard Hasko, Director of Environmental Services, stated this. is a request
from staff for Commission to consider rejection of all the bids for the paving of the
Delray Beach Swim and Tennis Center West Parking Lot Project. He stated these bids
were opened on September 6, 2007 and there were three bidders. At the time, Mr. Hasko
stated staff evaluated the bid proposals and the low bidder All-Rite Paving had neglected
to acknowledge the receipt of Addendum # 1. He stated when this was brought to the
Commission on October 2, 2007 staff was recommending a waiver of that irregularity in
that staff's research showed that the low bidder was in attendance at the pre-bid meeting
and Addendum # 1 was distributed to everyone who attended the meeting. On October 2,
2007, the City Commission requested to be provided with Addendum #1 and when staff
was putting together the information they got further into a detailed review of the bids
(i.e. quantities, line items, and units) to make sure there were no discrepancies. Mr.
Hasko stated staff discovered some irregularities going back to some portions of the bid
documents and the measurement and payment section. Staff found some inconsistencies
in the documents themselves. He stated taken individually they are very minor but when
he saw 2 or 3 of them he did not feel comfortable with staff s prior recommendation nor
did he feel comfortable going with the second bidder.
Mr. McDuffie moved to approve rejection of all bids received and
authorize staff to re-advertise the project for competitive bids, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs.
Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4
to 0 vote.
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9.D. APPOINTMENT TO THE DELRAY BEACH HOUSING
AUTHORITY: Appoint one (1) regular member to the Delray Beach Housing Authority
for a four (4) year term ending October 27, 2011. Based upon the rotation system, the
appointment will be made by Mayor Ellis (Seat #5).
Mayor Ellis stated she would like to defer her appointment to the next
regular meeting of November 6, 2007.
9.E. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY
COUNCIL: Appoint four (4) regular members to the Neighborhood Advisory Council
for Zone 1, Zone 2, Zone 3 and Zone 4 to serve three (3) year terms ending August 31,
2010 and one (1) At Large Representative to serve a three (3) year term ending August
31, 2010. Based upon the rotation system, the appointments will be made by
Commissioner McDuffie (Seat #3), Commissioner Montague (Seat #4), Mayor Ellis (Seat
#5), Commissioner Eliopoulos (Seat #1) and Commissioner Fetzer (Seat #2).
Mr. McDuffie moved to reappoint Gaston Joseph as a regular member to
the Neighborhood Advisory Council for Zone 1 to serve a three (3) year term ending
August 31, 2010, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as
follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. McDuffie
- Yes. Said motion passed with a 4 to 0 vote.
Mrs. Montague moved to appoint Jennifer Witt as a regular member to the
Neighborhood Advisory Council for Zone 2 to serve a three (3) year term ending August
31, 2010, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows:
Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes.
Said motion passed with a 4 to 0 vote.
Mayor Ellis stated she wished to reappoint Linda Leib as a regular
member to the Neighborhood Advisory Council for Zone 3 to serve a three {3) year term
ending August 31, 2010. Mrs. Montague so moved, seconded by Mr. McDuffie. Upon
roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. McDuffie -Yes;
Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote.
Mr. Eliopoulos moved to appoint Harold Van Arnem as a regular member
to the Neighborhood Advisory Council to serve a three (3) year term ending August 31,
2010, seconded by Mrs. Montague. Upon roll call the Commission voted as follows:
Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes.
Said motion passed with a 4 to 0 vote.
Commissioner Fetzer's appointment will be deferred until the next regular
meeting of November 6, 2007.
At this point, the Commission moved to Item 9.F., Designation of Voting
Delegate/National League of Cities Annual Business Meeting/Congress of Cities.
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7.F. DESIGNATION OF VOTING DELEGATE/NATIONAL LEAGUE
OF CITIES ANNUAL BUSINESS MEETING/CONGRESS OF CITIES: Consider
designating a voting delegate and an alternate to the National League of Cities Annual
Business Meeting/Congress of Cities to be held at the Ernest N. Morial Convention
Center in New Orleans, Louisiana on November 17, 2007.
Mr. McDuffie stated he has to check his calendar regarding his schedule
before he volunteers.
The City Attorney stated the Commission can appoint Mr. McDuffie
subject to him deciding to attend.
Mr. Eliopoulos moved to appoint Commissioner McDuffie as voting
delegate and an alternate to the National League of Cities Annual Business
Meeting/Congress of Cities should he decide to go, seconded by Mrs. Montague. Upon
roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes;
Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote.
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 last Friday he attended the League of Cities
Legislative Committee Meeting and commented he is on the Home Rule Administration
Council. He stated they discussed priorities and there is a statewide Fireworks Task
Force that is working on some legislation to try and improve fireworks regulations. The
City Manager stated they would like for cities to have more authority to regulate
fireworks. The fireworks industry wants to pre-empt everything by the state. He stated
transportation funding was also discussed and the League did report that, in concert with
others, they felt they had some success in the special session on the budget because the
Governor's initial proposal was to take $200,000,000.00 out of the Transportation Trust
Fund this year and the subsequent four years for a total of a $1,000,000,000.00. For this
year that did not happen. The City Manager stated with the increasing cost of
construction a lot of projects in the state's five-year work program for road construction
have ended up being deferred for as long as 5-6 years. In some cases, the state has
actually bought right-of--ways and stopped the project so there is nothing left but a
blighted area with nothing happening. The City Manager stated the League is trying to
get some legislation to require Florida Department of Transportation (FDOT) to better
coordinate and give the Metropolitan Planning Organization (MPO) more authority in
determining what projects are delayed, and also require that when a project is delayed
nothing else can be done until they finished those delayed projects. He stated there was a
lot of discussion regarding the red light cameras and noted that there is a proposed bill
that the fine would be $125.00; $65.00 would go to the trauma center fund and the City
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would receive $30.00 and the rest would go to County and court costs, etc. The City
Manager stated another priority issue that our County has not had, is a dispute over
Certificates of Public Convenience and Necessity which allow for Emergency Medical
Service (EMS) transport which is a big issue in some counties. He stated in Volusia
County the County is using it to try and force cities to do closest unit response outside
their city limits. The City Manager discussed some of the things that were not priority
issues that came up, and commented that some of the cable companies around the state
are starting to take advantage of the legislation which passed this past year that took away
the City's authority to negotiate any kind of franchise agreement with cable companies.
He stated Bright House, which serves the central Florida area and the St. Petersburg
market are moving all the government channels to High Definition (HD) which means if
you do not go out and buy a converter to put on television you cannot watch it. He stated
in some other markets there are cable providers that are putting the government channels
in the upper tiers, so unless you purchase the second or third tier of cable service you do
not get government channels. He stated everyone is scrambling to meet the other
requirement that you have at least five hours per day of original programming and you
can repeat it; you have to have ten hours altogether but you can take the five hours and
run it twice. The City Manager stated there was an article in the Palm Beach Post about
local cities struggling with this issue. He stated those are things that are happening that
validate the City's decision to go with video streaming over the web versus cable
television.
The City Manager stated there is currently a State law concerning dogs in
which you cannot have an ordinance that applies to a particular breed. There is an effort
now because of problems in a number of cities to change that phrase out of the law so
that you would be able to have special regulations for specific breeds or even ban them
within the city limits. The City Manager stated the meeting was very productive and the
next meeting will be held on November 8-9, 2007 to finalize the legislative policy.
13.B. City Attorney
The City Attorney had no comments or inquiries on non-agenda items.
13.C. City Commission
13.C.1. Mr. Eliopoulos
Mr. Eliopoulos stated it appears that he and Commissioner McDuffie may
be in competition as liaisons for one of the School Advisory Committees. He stated he
would be happy to change schools with Commissioner McDuffie so that he can work
with his wife Alice.
Secondly, he commended the Mayor and Commission for handling
tonight's meeting very well.
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13.C.2. Mr. McDuffie
Mr. McDuffie stated he is more than happy for Commissioner Eliopoulos
to keep watch over Mrs. McDuffie at S.D. Spady Elementary School and he will stay
right where he is at Banyan Creek Elementary School.
Secondly, Mr. McDuffie stated there was a question that came up that he
promised he would present regarding personal property numbers which were sent to the
City Manager to show what would happen to the taxable value of personal property in
Delray Beach, should the legislation pass, that exempts the first $25,000.00. The City
Manager stated he has received this and the Finance Director has had his staff calculate
the impact and this has been emailed to the Commission. Mr. McDuffie stated the good
news for most everyone across the county is when you exempt personal property
accounts below $25,000.00 you do not lose much taxable value. He stated all the value is
in the big companies such as Bellsouth, FPL, and Xerox leasing companies. Mr.
McDuffie stated the impact will not be as great on personal property as it will be on the
real property.
Mr. McDuffie commented about Rosemont Park and stated the people in
the community are thrilled. He stated it was a pleasure to be there, and wonderful to see
the appreciativeness that the neighbors expressed. The Community Redevelopment
Agency (CRA) did a great job and stated it is a beautiful strip of land.
Mr. McDuffie stated he spoke to his wife and told her tonight that it would
probably be the most difficult Commission meeting that he had ever been through. He
stated it turned out not to be so, and extended a kudos to everyone for taking on a very
difficult situation.
13.C.3. Mrs. Montague
Mrs. Montague stated the City passed the contract for the Horse Drawn
Carriages, Inc. and noted that it is immensely popular and successful. She would like to
start discussions in the coming months when it is time for another approval to look at
extending this west of Swinton Avenue. She suggested going 2-3 blocks past Swinton
Avenue and maybe even go as far as 5th Avenue to include that because this is part of the
downtown. Mrs. Montague asked the City Manager to pass this along to Mr. Barcinski
and he can work something up with Marjorie Ferrer regarding this issue.
Secondly, Mrs. Montague stated she received a telephone call from the
Supervisor of Elections office trying to make arrangements at the Delray Beach Library
for early voting. She stated the office was quoted very high numbers and since in her
opinion she feels early voting is so critical, she is hoping that we can intervene and work
up a number that is suitable to work within the budget of the Supervisor of Elections and
also satisfies the needs of the library, Board and staff. Mrs. Montague stated the library
is in the center of the town and voting is not a private event; and this way people from the
northwest, southwest, northeast and southeast have access to that location. Mrs.
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Montague asked the City Manager to contact those people he would need to talk to see if
there is a solution.
Mrs. Montague stated the library is suffering financially because they did
not get any increase in funding and they have had a tremendous increase in usage so they
feel that they can generate more revenue in other ways.
Mrs. Montague commended the Mayor, the Commission and the group of
people who attended this evening. She stated the evening was handled beautifully.
13.C.4. Mayor Ellis
Mayor Ellis stated she spoke to Dan Murtagh, Chairman. of the Board for
the Delray Beach Library, who stated that the $500.00 a day charge for using the facility
as a precinct was a discount from what they normally receive for this room and would
require that days the library would be closed, would have to remain open in order to
accommodate the voting. She stated that the Board felt that the Supervisor of Elections
should ante up but there also does appear to be a rule that says that early voting can only
be at the Library or City Hall. Mayor Ellis stated she has not been able to confirm that.
The City Manager stated he called the Supervisor of Elections this afternoon and left a
voice mail because he was not able to confirm.
She commented about the Downtown Marketing Cooperative (DMC)
Holiday Season Plans Presentation which was given this evening and wanted the
Commission to get a glimpse of what the DMC does with the downtown. Mayor Ellis
stated this was the presentation that she, Diane Colonna, and Marjorie Ferrer made in
New York at the International Downtown Association. They were presenters that got to
share what Delray Beach's downtown was all about. Mayor Ellis noted there were 1,500
people from all over the world who were interested in developing their own downtowns.
Mayor Ellis stated she attended the Multi-Cultural Festival with
Commissioner Montague. Fire Chief David James and Police Chief Larry Schroeder
were cooking hamburgers and hotdogs. She stated it was a great turnout and a very
pleasant day.
Mayor Ellis stated if you have e-mailed her, she has 600 plus emails left
on her computer so please be patient. The City Manager stated he read recently about
one company where they declared every Friday as an e-mail holiday.
Mr. McDuffie stated you can get a decibel meter tripod that will output to
a computer and record length of time for decibel fluctuations. You can also put a camera
to it so you can record the decibel spike and what caused it. Mayor Ellis stated this is not
approved by the State and it has to be approved by the State. She hopes the solution will
present itself. Mr. McDuffie stated he found that they did things in Daytona similar to
what the City of Delray Beach has done and commented about Bike Week. He stated
people come from all over the United States to attend Bike Week in Daytona.
-34-
10/16/07
There being no further business, Mayor Ellis declared the meeting
adjourned at 9:52 p.m.
~.
City Clerk
ATTE
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 October 16, 2007, which Minutes were formally approved and adopted by the City
Commission on November 6, 2 0 0 7
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
-35-
10/16/07
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
IN LIEU PARKING FEE REQUEST FOR ONNEN DISASTER AND RECOVERY
CENTER
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This in lieu parking fee request has come before the City Commission on
October 16, 2007.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the in lieu parking fee request for the
Onnen Disaster Recovery Center. All of the evidence is a part of the record in this
case. Required findings are made in accordance with Subsection I.
I. IN LIEU PARKING FEE:
Pursuant to LDR Section 4.6.9(E)(3), when additional. parking is required for a change
of use and it is impossible or inappropriate to provide such parking the City Commission
may approve the payment of an in lieu fee rather than provide the required parking.
Does the In Lieu Parking Fee request for three spaces meet the requirements of LDR
Section 4.6.9(E)(3) and the conditions, if any, listed below?
Subject to entering into an In-Lieu Parking Agreement acceptable to the
City.
Yes X No
3. The City Commission hereby finds that the In Lieu Parking Fee Request
meets the requirements of 4.6.9(E)(3) of the Land Development Regulations, with the
conditions listed above, if any, and the City Commission has applied the
Comprehensive Plan and finds that its determinations set forth in this Order are
consistent with the Comprehensive Plan and Land Development Regulations.
1
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves X
denies the in lieu parking fee request as set forth above.
6. Based on the entire record before it, the City Commission hereby adopts
this .Order this 16~' day of October, 2007, by a vote of 4 in favor and 0
opposed.
ATTEST:
CheveAe Nubin, City Clerk
Rita Ellis, Mayor
2 `