11-06-07 Minutes RegNOVEMBER 6, 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 6:05 p.m., Tuesday, November 6, 2007.
1. Roll call showed:
Present - Commissioner Gary Eliopoulos
Commissioner Fred Fetzer
Commissioner Woodie McDuffie
Commissioner Brenda Montague
Mayor Rita Ellis
Absent - None
Also present were - David T. Harden, City Manager
Susan A. Ruby, City Attorney
Brian Shutt, Assistant City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Dr. William Quick, Delray Beach
Clergy Association.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mayor Ellis noted the addition of Item 7.E., Resolution No. 66-07 to
Presentations and the addition of Item 9.L., Guaranteed Maximum Price
(GMP)/Seacrest Soccer Complex/Weitz Company by addendum.
Mayor Ellis requested a reversal to the order of the Public Hearings and
asked that Item 10.A., Revised Ordinance No. 46-07 be heard after Item 10.B.,
Ordinance No. 45-07.
The City Attomey requested that Item 8.Q., Review of Appealable Land
Development Board Actions Qtem G under the Site Plan Review and Aapearance
Board concernint the site clan for Mid-town) be moved under Item 10.A., Ordinance
No. 46-07 as Item 10.A.1.
Mr. Eliopoulos requested to move Item 8.Q., Review of Appealable
Land Development Board Actions (Item 8.Q.6. under the Historic Preservation
Board) be moved to the Regular Agenda as Item 9.A.A.
11/06/07
Mr. McDuffie requested that Item 8.F., Resolution No. 63-07 be moved
to the Regular Agenda as Item 9.A.A.A., Item 8.0., First Nieht Banner Project be
moved to the Regular Agenda as Item 9.A.A.A.A.
The City Attorney stated there is a request from the applicant to withdraw
Item 10.C., Ordiuauce No. 53-07 (First Readin¢/First Public Hearinel.
Mr. Eliopoulos moved to approve the Agenda as amended, seconded by
Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr.
McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said
motion passed with a 5 to 0 vote.
5. APPROVAL OF MINUTES:
Mr. McDuffie moved to approve the Minutes of the Regulaz Meeting of
October 16, 2007, seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos
- Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
6_A. NONE
7. PRESENTATIONS:
7.A. Carolvn Gholstou -Multi-Cultural Festival
Carolyn Gholston gave a brief overview of the Multi-Cultural Festival and
thanked the City of Delray Beach for its support. She stated over 1,800 attended the
Multi-Cultural Festival and commented that it was a wonderful event. Ms. Gholston
presented a plaque to the City Commission and the City of Delray Beach, the Community
Redevelopment Agency (CRA), Jennifer Buce (accepting for Waste Management),
Auburn Trace, Police Chief Schroeder, Fire-Rescue Chief James.
Paula Gholston recognized and acknowledged other Police Officers who
helped them have a great event. She stated this is the 10`h year for the Multi-Cultural
Festival.
7.B. Special Recognition Award -Arianna Harrington of Atlantic Hieh
School -Winner of the 2007 Sister Cities International Showcase of Young Artists
Mayor Ellis read and presented the Special Recognition Awazd to Arianna
Harrington of Atlantic High School for being the winner of the 2007 Sister Cities
International Showcase of Young Artists. Arianna Harrington came forwazd to accept
the proclamation.
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At this point, the time being 6:19 p.m., the Commission moved to Item
7.D.
7.D. MuniAgenda Presentation -Chevelle D. Nubin, City Clerk
Chevelle D. Nubin, City Clerk, gave a brief overview of the MuniAgenda
and the installation. Mrs. Nubin showed the City Commission the Council Agenda view
which the public will also be able to see. Mrs. Nubin thanked the City Clerk staff, the IT
division, and Assistant City Manager Doug Smith and stated as soon as they are ready
staff will have laptops in the Chamber for the Commission with a wireless connection
and staff is also working on the link for the public.
7.C. Roy F. Kenzie Award -Diana Colonna, Executive Director of
Community Redevelopment Agency
Diane Colonna, Executive Director of the Community Redevelopment
Agency (CRA), presented the presentation that was given at the Annual Conference in
Daytona Beach last month at the Florida Redevelopment Association (FRA) which is the
conference of all redevelopment professionals (CRA's and cities). She stated there was
an awards ceremony and out of the 70 or so entries, 10 awards were given and the Delray
Beach Community Redevelopment Agency received one for the Neighborhood Resource
Center. Ms. Colonna stated this was a joint project and on behalf of the CRA and the
City of Delray Beach she is very pleased to have received the award and noted that the
award was for creative partnerships.
Elizabeth Butler, Marketing and Grants Coordinator for the CRA,
stated the CRA submitted this year for the 2007 FRA and she gave a brief PowerPoint
presentation.
7_E. Resolution No. 66-07: Recognizing the Delray Beach Police
Department for their first ever re-accreditation from the Commission for Florida
Law Enforcement Accreditation. Inc.
Mayor Ellis read and presented Resolution No. 66-07 to Police Chief
Schroeder. Chief Schroeder came forward to accept the resolution and thanked the
Mayor, the City Commission and everyone in the Police Department.
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. ACCEPTANCE OF A RIGHT-OF-WAY DEED/SIDEWALK
EASEMENT AND SIDEWALK DEFERRAL REQUEST/1119 NASSAU STREET:
Approve and accept aright-of--way deed fora 5'6" right-of--way dedication along Nassau
Street, and accept a 5' sidewalk easement and a sidewalk deferral request for 1119
Nassau Street.
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8.B. CONTRACT ADDITION (C.O. NO. 61BLOCK 64 ALLEY
IMPROVEMENT PROJECT/CHAZ EQUIPMENT COMPANY. INC.: Approve a
Contract Addition (C.O. No. 6) in the amount of $49,952.50 to Chaz Equipment
Company to add Barwick Road sidewalks to the Block 64 Alley Improvement Project.
Funding is available from 334-3162-541-68.02 (General Construction Fund/Other
ImprovementsBarwick Road Sidewalks).
8.C. CHANGE ORDER NO. 1/OLD SCHOOL SQUARE PARKING
GARAGE/CATALFUMO CONSTRUCTION, LTD: Approve Change Order No. 1 to
Catalfumo Construction, LTD fora 35 day extension to complete the Old School Squaze
Parking Garage Project.
8_D. RESOLUTION NO. 60-07:
costs for abatement action required for the
located at 1314 S.W. 22"d Avenue.
Approve Resolution No. 60-07 assessing
emergency board-up of an unsafe structure
The caption of Resolution No. 60-07 is as follows:
A RESOLUTION OF THE CTI'Y COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
PURSUANT TO ARTICLE 7.8, "UNSAFE
BUILDINGS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CTTY OF DELRAY
BEACH, ASSESSING COSTS FOR ABATEMENT
ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF
DELRAY BEACH; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH
ACTION; PROVIDING FOR AN EFFECTIVE DATE
AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORD-
ING OF THIS RESOLUTION, AND DECLARING
SAID LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS;
PROVIDING FOR THE MAILING OF NOTICE.
(The official copy of Resolution No. 60-07 is on file in the City Clerk's
office.)
S.E. RESOLUTION NO. 61-07 (TAX EXEMPTION REQUEST FOR
ELIGIBLE IMPROVEMENTS/226 NORTH SWINTON AVENUE): Approve a tax
exemption request for eligible improvements to 226 North Swinton Avenue, located in
the Old School Squaze Historic District; and approve Resolution No. 61-07.
The caption of Resolution No. 61-07 is as follows:
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11/06/07
A RESOLUTION OF THE CITY COMMISSION OF THE
CTI'Y OF DELRAY BEACH, FLORIDA, GRANTING
AN AD VALOREM TAX EXEMPTION TO FRANK
AND ELIZABETH ROZZO FOR THE HISTORIC
REHABILIATION OF THE PROPERTY LOCATED AT
226 NORTH SWINTON AVENUE, AS FURTHER
DESCRIBED HEREIN; DETERMINING THAT THE
COMPLETED IMPROVEMENTS ARE CONSISTENT
WITH LAND DEVELOPMENT REGULATIONS (LDRs)
SECTION 4.5.1(M)(5); PROVIDING AN EFFECTNE
DATE.
(The official copy of Resolution No. 61-07 is on file in the City Clerk's
office.)
8_F. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.A.
8_G. RESOLUTION NO. 62-07: Approve Resolution No. 62-07 assessing
costs for abatement action required for the emergency board-up of an unsafe structure
located at 5116 Pineview Circle.
The caption of Resolution No. 62-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
PURSUANT. TO ARTICLE 7.8, "UNSAFE
BUILDINGS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY
BEACH, ASSESSING COSTS FOR ABATEMENT
ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF
DELRAY BEACH; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH
ACTION; PROVIDING FOR AN EFFECTIVE DATE
AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORD-
ING OF THIS RESOLUTION, AND DECLARING
SAID LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS;
PROVIDING FOR THE MAILING OF NOTICE.
(The official copy of Resolution No. 62-07 is on file in the City Clerk's
office.)
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8.H. AMENDMENT NO. 1/INTERLOCAL AGREEMENT/MULTIPLE
AGREEMENT/EAGLE'S NEST PROGRAM AT ATLANTIC HIGH SCHOOL
CAREER ACADEMY: Approve Amendment No. 1 to the Interlocal Agreement and
Multiple Party Agreement between the City, Palm Beach County School Boazd,
Community Redevelopment Agency and the Chamber of Commerce for the Eagle's Nest
Program at Atlantic High School Career Academy (known as the Eagle's Nest Interlocal
Agreement) providing an extension of time until June 30, 2008 to complete construction.
8.I. TERMINATE AGREEMEIV'1'/JUUiyL liv v~~ i tviu,ty i ~ n x v. w.
INC./PRO DVD MAKERS: Approve and authorize the City to terminate the agreement
with Sound Investments by J.W., lnc. d/b/a Pro DVD Makers due to budgetary
constraints.
8.J. AMENDMENT NO. 1/DOWNTOWN MARKETING
COOPERATIVE AGREEMENT: Approve Amendment No. 1 to the Downtown
Marketing Co-operative Agreement with the City, Community Redevelopment Agency,
Downtown Development Authority, and the Chamber of Commerce to reduce the City's
contribution and change the percentage the Downtown Mazketing Cooperative (DMC),
will pay the City for DMC events.
8.K. SUBGRANT HIGHWAY SAFETY FUNDS AWARD
AGREEMENT/STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
FDOT : Approve and authorize the Mayor to execute a Subgrant Highway Safety
Funds Award Agreement with the State of Florida Department of Transportation (FDOT)
for acceptance of a grant in the amount of $58,000.00 for the Child Passenger Safety
Program. This is a 100% reimbursable federal grant award that does not require a local
cash match.
8.L. SPECIAL EVEN"1' RE()UES'1'/HUwAKll ALAty lY-- nivivuEU.
DOWNTOWN ART FESTIVAL: Approve a special event request for the 19t Annual
Downtown Art Festival sponsored by Howard Alan Events, Ltd. to be held on January 19
and 20, 2008 from 10:00 a.m. to 5:00 p.m., granting a temporary use permit per LDR
Section 2.4.6(F) for use of City rights-of--way on Atlantic Avenue from the east side of
N.E. 6th Avenue to Bronson and the Gladiola lot (N.E. 6ei Avenue) for pazking; authorize
staff to apply for the FDOT street closure permit; authorize staff support for security and
traffic control, barricading, EMS assistance, and permit an event sign to be erected on
Atlantic Avenue just east of I-95 ten (10) days prior to the event with the sponsor paying
all overtime costs.
8.M. ACCEPTANCE OF AN EASEMENT DEED/UNITED STOR-ALL
CENTER (FKA DELRAY BEACH EXTRA CLOSETI: Approve and accept a new
12-foot water easement deed at United Stor-All Center (FKA Delray Beach Extra Closet)
located at 14216 Military Trail.
8.N. ACCEPTANCE OF RIGHT-OF-WAY DEDICATION/MELLOW
MUSHROOM: Approve and accept aright-of--way deed between the City and Mellow
Mushroom located at 25 S.E. 6th Avenue.
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8.0. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.A.A.
8.P. FLORIDA DEPARTMENT OF ELDER AFFAIRS
GRANT/MULTISERVICE SENIOR CENTER/THE DELRAY BEACH FAMILY
RECREATION AND FITNESS CENTER: Approve a request to apply for a grant in
the amount of $2,000,000.00 from the Florida Deparhnent of Elder Affairs for the
construction of a Multiservice Senior Center at the Delray Beach Family Recreation and
Fitness Center.
ITEM 8.0.6. HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.
8.R AWARD OF BIDS AND CONTRACTS:
1. Bid award to multiple vendors for the purchase of road
construction materials for the City via a Co-op Bid in an estimated
annual cost of $350,000.00. Funding is available from various
departments operating expense budgets and capital project
accounts.
2. Purchase awazd to Bennett Fire Products Company, Inc. in the
amount of $74,632.80 for the purchase of forty (40) sets of bunker
gear which includes the jacket, trouser, suspender and boots for the
Fire-Rescue Department. Funding is available from 001-2311-
522-52.22, 001-2313-522-52.22, 001-2315-526-52.22, and 001-
2317-522-52.22 (General Fund/Uniforms/Linen Services).
3. Purchase award to Otto Waste Systems in the amount of
$60,000.00 for the purchase of hot stamped gazbage carts with lids
and wheels to be ordered as needed. Funding is available from
433-3711-534-49.35 (Sanitation Fund/Cart Renewal and
Replacement).
4. Purchase award to Poolsure of South Florida in the amount of
$56,750.00 for the purchase and delivery of Sodium Hypochlorite
to four (4) locations in small quantities due to truck accessibility
and Calcium Hypochlorite 3" PPG tablets. Funding is available
from 441-5123-536-52.21 (Water/Sewer Fund/Chemicals).
5. Purchase award to PVS Technologies, Inc. in the amount of
$210,000.00 for the purchase and delivery of liquid and dry Ferric
Chloride for the Water Treatment Plant as needed for the
remainder of 2007 through September 30, 2008. Funding is
available from 441-5122-536-52.21 (Water/Sewer
Fund/Chemicals).
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11/06/07
6. Purchase awazd to Praxair Inc. in an estimated cost of $60,000.00
for the purchase and delivery of Liquid Cazbon Dioxide (Co2) for
the Water Treatment Plant from October 2007 through September
30, 2008. Funding is available from 441-5122-536.52.21
(Water/Sewer Fund/Chemicals).
7. Contract awazd to Briggs Golf Construction, Inc. in the amount of
$96,780.00 for the reconstruction of the Pompey Pazk Major
League Field No. 1 Project. Funding is available from 334-4127-
572-63.90 (General Construction Fund/Other Improvements).
8. Purchase awazd to Special Products Group in the amount of
$31,115.55 for a weapons light system and to Precision
Ammunition in the amount of $43,803.55 for the purchase of
ammunition for the Delray Beach Police Department. Funding is
available from 334-2111-521-52.20 (General Construction
Fund/General Operating Supplies).
9. Purchase award to POM Incorporated in the amount of $93,492.50
for the purchase of 250 single head electronic parking meters and
to Digital Payment Technologies in the amount of $159,553.05 for
the purchase of 15 pay by space multi space parking meters to be
installed on-street and in the pazking lots east of the Intracoastal
Waterway. Funding is available from 334-3162-545-64.90
(General Construction Fund/Other Machinery/Equipment),
pending budget transfer.
Mr. McDuffie moved to approve the Agenda as amended, seconded by
Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes;
Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said
motion passed with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A.A. REVIEW OF APPEALABLE LAND DEVELUYMEN'1 SuAKI)
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period October 15, 2007 through November 2, 2007.
Mr. Eliopoulos declazed a conflict of interest regarding 8.Q.6. and stepped
down from the dais.
Mr. McDuffie moved to receive and file the report, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr.
Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 4
to 0 vote.
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9.A.A.A. RESOLUTION NO. 63-07: Approve Resolution No. 63-07 appointing a
Budget Task Force to review the City's budget and make recommendations regarding
same.
The caption of Resolution No. 63-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, APPOINTING
A BUDGET TASK FORCE TO REVIEW THE CITY'S
BUDGET AND MAKE RECOMMENDATIONS
REGARDING SAME; PROVIDING AN EFFECTNE
DATE.
(The official copy of Resolution No. 63-07 is on file in the City Clerk's
office.)
Mr. McDuffie inquired about a time certain and/or expiration. The City
Attorney stated it is for six months from the date of the initial organizational meeting.
Mr. McDuffie moved to approve Resolution No. 63-07, seconded by Mr.
Fetzer. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr.
Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said
motion passed with a 5 to 0 vote.
9.A.A.A.A. FIRST NIGHT BANNER PROJECT: Approve funding for supplies for
the First Night Banner Art Project. Funding is not to exceed $3,500.00. Funding is
available from the Public Arts Account.
Mr. McDuffie stated one of the Agenda items this evening is to extend the
contract period for the Old School Square completion and it will extend it beyond the
time when these aze to be mounted and asked if there will be any problems. The City
Manager stated staff does not anticipate any problems and commented it will be
substantially complete and it will not interfere with this project.
Mr. McDuffie moved to approve the First Night Banner Project, seconded
by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes;
Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes.
Said motion passed with a 5 to 0 vote.
9_A. WAIVER REOUESTSBLOCK 69 OFFICE BUILDING:
Consideration of waiver requests associated with the Class V Site Plan for 30 S.E. ls`
Avenue (aka Block 69 Office Building), within the Old School Squaze Historic District
located on the west side of S.E. 1S1 Avenue and between East Atlantic Avenue and S.E. ls`
Street. (Quasi-Judicial Hearin
At this point, Mr. Eliopoulos declazed a conflict of interest and stepped
down from the dais.
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Mayor Ellis read into the record the City of Delray Beach procedures for a
Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Ellis asked the Commission to disclose their ex pazte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning project file #2007-266 into the record.
Mr. Dorling stated the request before the Commission is three waivers;
two of those to the site visibility triangles. The first waiver seeks approval of a site
visibility triangle reduction from twenty feet (20') to five feet, six inches (5'6") where the
pazking backs out onto the east/west alleyway. The second waiver seeks approval of a
sight visibility triangle reduction from twenty-feet (20') to sixteen feet, four inches
(16'4") at the intersection of the alleyways, located at the southwest comer of the subject
property. The third waiver seeks approval to reduce the required amount of "self park"
spaces when utilizing parking lifts from one hundred percent (100%) of the balance to
seventy-three percent (73%) of the balance. Staff supports the three waivers and these
waivers were supported with the initial site plan approval.
Mike Covelli, Covelli Desiens (Applicant), stated he is present for any
questions the Commission may have.
There was no cross-examination or rebuttal.
Mayor Ellis stated if anyone from the public would like to speak in favor
or in opposition of the waiver requests, to please come forward at this time. There being
no one from the public who wished to address the Commission regarding the waiver
requests, the public hearing was closed.
The City Attorney briefly reviewed the Boazd Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Fetzer moved to adopt the Boazd Order as presented, seconded by
Mrs. Montague. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes;
Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes. Said motion passed with a 4
to 0 vote.
9.B. BLOCK 69 OFFICE BUILDING/PARKING FEE REQUEST:
Consider a pazking fee request from the Block 69 Office Building for the purchase of
four (4) public parking spaces at a cost of $72,000.00 to accommodate the construction of
a three (3) story office building containing 7,325 squaze feet of office spaces located at 30
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S.E. is` Avenue. (Quasi-Judicial Hearin
At this point, Mr. Eliopoulos declared a conflict of interest and stepped
down from the dais.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Ellis asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Scott Aronson, Pazking Management Specialist, stated this is a request for
the purchase of four (4) public parking fee spaces to accommodate the construction of a
3-story building containing 7,325 squaze feet of office space. The development is
immediately adjacent to the Federspiel Pazking Gazage on S.E. 15` Avenue. The public
parking fee is an in-lieu request for a new development when in proximity of public
garages. It is a fee towazd parking spaces which cannot be provided on-site and they are
paid towards either maintenance or construction of parking gazages. In this case, it
requires 25 spaces and they are using 5 lifts for ten of those spaces; four of the spaces that
would be considered their self-park spaces aze going to be via the public parking fee
spaces immediately adjacent to the property. The spaces are $18,000 per space and the
total payment is $72,000.00 and would be due upon issuance of the building permit.
At its meeting of October 11, 2007, the Community Redevelopment
Agency (CRA) unanimously recommended approval of the applicant's request; at its
meeting of October 23, 2007, the Parking Management Advisory Boazd (PMAB)
recommended approval with a 7 to 2 vote (Mr. Cook and Mr. Denkler dissenting). Staff
recommends approval of the applicant's request.
Mike Covelli. Covelli Desi¢ns (Applicant), stated they concur with
staff's recommendations.
There was no cross-examination or rebuttal.
Mayor Ellis stated if anyone from the public would like to speak in favor
or in opposition of the parking fee request, to please come forward at this time. There
being no one from the public who wished to address the Commission regarding the
pazking fee request, the public hearing was closed.
Mr. McDuffie moved to adopt the Board Order as presented, seconded by
Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes;
Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4
to 0 vote.
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9.C. WAIVER REOUEST/MODERN CHIROPRACTIC: Consider a
request from Modem Chiropractic for waiver of Land Development Regulations (LDR)
Section 4.6.7(7)(2), "Off -Premise Signs", to allow tenant wall sign to extend into the sign
azea of the adjacent bay, Saba Trucking. (Quasi-Judicial Hearin
At this point, Mr. Eliopoulos returned to the dais.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
;,;
Mayor Ellis asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Lula Butler, Director of Community Improvement, stated this item is the
consideration of a waiver to LDR Section 4.6.7(7)(2) of the Sign Code pursuant to a
request and approval by the Site Plan Review and Appeazance Boazd (SPRAB) for the
tenant Modern Chiropractic located at 1060 South Federal Highway.
Mrs. Butler stated Modern Chiropractic is located in Bay #102 in the
Executive Quarters Plaza located at the corner of 10`h Street and Federal Highway. The
bay is located in the corner of the L-shaped plaza and they are looking for a sign. Mrs.
Butler stated the applicant's sign is actually going to encroach into the bay azea next
door. The City's sign code states that all signs must be directly over the business' space
they are occupying. She stated in this case it is impossible for this business to have a sign
because of that. The business adjacent to this business is not allowed to have a sign due
to the way the lease is structured. The management of the plaza has supported the
increase in the sign size and allows this sign to occur. The Site Plan Review and
Appearance Board (SPRAB) heard their hardship and supported them on a unanimous
vote. Staff recommends approval of the waiver request to Section 4.6.7(7)(2) of the
LDRs pursuant to findings governed under Section 2.4.7(B)(5) and as recommended by
SPRAB.
Mayor Ellis stated if anyone from the public would like to speak in favor
or in opposition of the waiver request, to please come forwazd at this time. There being
no one from the public who wished to address the Commission regazding the waiver
request, the public hearing was closed.
The applicant was not present.
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).
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Mr. Eliopoulos moved to adopt the Board Order as presented, seconded by
Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr.
Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said
motion passed with a 5 to 0 vote.
9.D. WAIVER REQUESTS/ALTA CONGRESS PROJECT: Consider two
(2) waiver requests of Land Development Regulations (LDR) Section 4.7.9(c)(i),
"Workforce Housing General Provisions", and Section 4.6.9(D)(4)(d), "Standard Aisle
Width", associated with the Class V Site Plan application for the Alta Congress Project
located on the west side of Congress Avenue approximately 1,620 feet south of Atlantic
Avenue. (Quasi-Judicial Hearin
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Ellis asked the Commission to disclose their ex parte
communications. Mr. McDuffie stated he received a telephone call from a representative
of the applicant. Mrs. Montague stated she had a meeting with Mr. Weiner and the
applicant. Mayor Ellis stated she also had a meeting with Mr. Weiner and the applicant.
Mr. Eliopoulos stated his firm actually did look at this site plan (conceptual plan) for this
developer back in 2005 but there has been no further contact since. Mr. Fetzer stated he
had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2007-255 into the record.
Mr. Dorling stated this item is a request for two waivers; one from LDR
Section 4.7.9(c)(i) and one from LDR Section 6.1.2(C)(3)(a). He stated LDR Section
4.7.9(c)(i) relates to the one bedroom units within the Congress Avenue Comdor Overlay
District. Mr. Dorling stated the Code currently requires that no more than 30% or the
total number of units in the project be one bedroom. This project will propose
approximately 51% of one bedroom units and the rationale and the waiver support is a
mazket study showing a need for a one bedroom unit particulazly in proximity to the Tri-
rail which was the emphasis for this site, the Overlay District and the increase in density.
He stated the other waiver requires an access roadway width of 24 feet.
Mr. Dorling stated both waivers went before the Site Plan Review and
Appeazance Board (SPRAB) and the Boazd supported the waiver on the one bedroom
units; however, they did not support the waiver from 24 feet to 20 feet and staff did not
recommend approval of that same waiver. Staff feels given that volume of traffic, 24 feet
is more appropriate as required by Code.
Michael Weiner. 102 North Swinton Avenue. Delray Beach (Attorney
representing the Applicant), stated there aze two waivers before the Commission this
evening and noted that experts are present to answer questions and a traffic engineer is
present from Simmons and White to discuss traffic safety. He stated this project is the
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first of the MROC projects and will mean 91 workforce rental units being added to
Dekay Beach, Florida and is the first one coming through with respect to the new
ordinance. Mr. Weiner stated the Planning and Zoning Boazd and Site Plan Review and
Appeazance Boazd (SPRAB) reviewed the waivers and there have been a number of
different comments all of which have been resolved or on their way to being resolved.
The first waiver has to do with one-bedroom apartments and the justification has to do
with the fact that they are less than 1,000 feet from the transit stop. Therefore, in this
project, there would be a great number ofone-bedroom unit uses and the kinds of people
who will in fact be commuting in this fashion prefer and desire one bedrooms and the
Boazds have voted in favor of it. Mr. Weiner stated the City has a resolution that states
the applicant has to meet the requirements of Section 2.4.7 and he believes by the other
Boazds recommending it and by the staff's approval of this, that in fact substantial
competent evidence is met. The second waiver has to do with minimum drive aisles and
he stated there was some confusion about this and he feels they received a negative vote
at the SPRAB meeting because SPRAB identified it under a different ordinance and they
thought it had to do with the interior of the garage and they thought it had to do with the
fact that cars would be backing out. Mr. Weiner stated it does not have anything to do
with the inside of the garage but it has to do with the outside lane. He stated from the
eazlier site plan, it makes it look as if traffic is going all the way azound. Mr. Weiner
stated it is true that they aze keeping a traffic lane open for emergency vehicles but this is
not a through road. He stated all that happens is that it ends at this garage. He stated it is
a median road and commented that most of the entries will in fact be at the major
intersection which is the major ingress/egress which is to the north. The south itself is
really just a secondary access and is not the major access. He stated it does not go
anywhere except to go into the gazage and the throat will be at 24 feet. Mr. Weiner stated
what he is talking about is just a link between the gazage itself and the throat and the
reason they are asking for a waiver is because of the landscaping and the beautification
(all of which were important to the MROC zoning) and to put in additional pavement is
actually counter productive. Mr. Weirier stated alleyways can be 16 feet according to the
ordinance but they aze calling this an access roadway. He feels since they dead end into a
garage they are much more similaz to an alley than they are to an access way. Mr.
Weiner stated they are not going down to the size of an alley but they aze going down to
20 feet. He briefly discussed the narrowing of the width of this particulaz drive aisle they
are not adversely affecting a neighboring area because there aze no other neighbors and it
just dead ends; they do not significantly diminish the provision of public facilities
because this is not a public road, etc.; they do not create an unsafe situation; and, they do
not result in the grant of a special privilege. Mr. Weiner stated in his research he found
that the City did this 11 other times for other projects.
Carmelo Caratozzolo, Traff-c Eneineer (Simmons & White), briefly
discussed the traffic study for this project and stated the narrowing of this roadway from
24 feet to 20 feet provides a constraint feeling for a motorist or a driver creating lower
speeds. He stated they aze creating a safer environment in this development.
Mr. Weiner stated if they were to retain 24 feet they would have to start
thinking about retaining walls, grade, removing trees and reiterated that the traffic
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engineer is talking about a safer situation because what we really want to do is to slow
people down on a dead end street. He stated they will be slowing on their way into
Congress Avenue and slowing in on their way into the gazage. Mr. Weiner stated they do
not adversely affect the neighboring area and do not significantly diminish the provision
of public facilities, do not create an unsafe situation, and it is not the grant of a special
privilege. They think they meet the requirements of LDR Section 2.4.7. Therefore, Mr.
Weiner stated the waiver should be granted.
Mayor Ellis stated if anyone from the public would like to speak in favor
or in opposition of the waiver requests, to please come forwazd at this time.
Dr. Joseph Provenzano, 1921 S.W. 36`~ Avenue, Delray Beach, stated
this is the first development of the MROC and he feels they should not receive any
further waivers because the applicant is receiving a discount because they are 1,000 feet
away from Tri-Rail that they can put in 50 units per acre. He stated just because it says
50 units per acre if the acre cannot take it, it does not mean they have to get 50 units per
acre. Dr. Provenzano stated once Office Depot comes up there will be more density and
more traffic along Congress Avenue. He stated the Commission has written some nice
rules and the rules aze in place to maintain the quality of life for those who aze living in
those places but feels if the City is increasing the density so that nobody wants to live in
there, he does not feel this is fair. Dr. Provenzano stated he believes in workforce
housing but he feels they should be given areas to live that they aze proud to live in and
azeas we aze proud to have them live in. He stated if the Code calls fora 24 foot road
then he feels the City should put a 24 foot road in. Dr. Provenzano stated we are not
asking them to build in the City; they aze asking the City to build.
There being no one else from the public who would like to address the
Commission regazding the waiver requests, the public hearing was closed.
There was no cross-examination.
The following individuals gave brief rebuttals:
Mr. Dorling stated Mr. Weiner stated that this is going to be a secondary
entrance in his view. However, Mr. Weiner failed to mention that the County is
relocating the signal to the south driveway. Mr. Dorling stated given that relocation, he
does not feel that this will be a secondazy ingress/egress to this garage. He stated
anybody wishing to go north is going to utilize that light as well as some of those
individuals traveling south. Mr. Dorling stated that none of those waivers mentioned by
Mr. Weiner were waivers through an ingress and egress point to a 779 space garage.
Mr. Weiner stated waivers are different than variances. He noted that
waivers are an important tool that waivers actually allow us to improve projects and that
is why they exist and why the City has them. With respect to the particulaz light, he
stated they actually welcome the light and that is the reason they did not narrow it at the
throat and that there is three lanes. He stated if the City does improve it to make it 24
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feet all you aze doing is adding to the sense of speed on the way into the garage. Mr.
Weiner stated since people will be driving into a gazage they can go 10/15 mph with
respect to this and noted that the 20 feet assists them. Mr. Weiner stated they meet the
four criteria and all he has to demonstrate by the additional waivers is that it is not a
special privilege.
Mrs. Montague stated she is looking at two site plans and noted that the
roadway is going completely around the perimeter. She asked if staff's recommendation
and SPRAB's recommendation is based on that site plan. Mrs. Montague asked the
applicant why they are requesting a reduction to narrow this road from 24 feet to 20 feet.
In response, Mr. Weiner stated MROC was passed with a substantial amount of buffering
and a substantial amount of landscape requirements.
Mrs. Montague confirmed with the applicant that they aze going to have
50.9% of the units and one bedroom units aze going to be part of the project as opposed
to the normal limitations of 30%. Mr. Weiner confirmed that this is correct.
Mr. Eliopoulos asked if these ~azking spaces aze assigned. In response,
Jay Jacobson of Wood Partners, 222 N.E. 8` Avenue, Delray Beach, stated what they
typically do in a project of this nature is they assign one space per unit and additional
spaces as people need them are rented based on availability. Mr. Jacobson stated the
reason they developed the five level garage within the same height limitation of the four
stories of apartments is that you circle around and you park on the level that your
apartment is on. Mr. Eliopoulos commented about the retaining walls. Mr. Weiner stated
everything indicates that if they went an additional four feet in order for the trees to grow
properly with the grade and the retention they would have to construct some sort of
retaining wall along the south border of this particular property. Mr. Weiner stated it
would not be as attractive a solution but it is more impervious azea and the grading seems
to be difficult with respect to that.
Mr. McDufJie commented that the reasoning behind this is basically
because it is a perimeter road exiting a lazge gazage and not an interior road. Mr. Dorling
stated the reason for it is because the City's Code states that travel lanes will be 24 feet
and this road will carry a lot of traffic. Therefore, Mr. Dorling stated staff' did not see
that it made any sense to support a reduction in that width.
Mrs. Montague asked where the signal light will be located. Mr. Dorling
stated the light will be right at the entryway.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Eliopoulos moved to adopt the Boazd Order as presented (approve the
increase percentage of one-bedroom units but deny the reduction from the 24' the 20 ~,
seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr.
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Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor
Ellis -Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 7:23 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10_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 99, "Noise Control", by amending Section 99.02, "Definitions", to provide
updated 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.
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,
"DEFINITIONS", 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 EFFECTIVE DATE.
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11/06/07
(The official copy of Ordinance No. 45-07 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Ellis declazed the public hearing open.
Steve Sessa 1210 North Olive Avenue, West Palm Beach
(representing a large majority of the motorcycle clubs in this community and also
represents the Enforcers Motorcycle Club which is comprised of retired law
enforcement officers and law enforcement officers) stated they are here to uphold the
State of Florida's laws. Mr. Sessa stated they respectfully disagree with this proposed
amendment and feels that this is a problem that needs to be addressed as a community
and resolve it in favor of everybody. He stated nobody wants a loud motorcycle or loud
noise anywhere and noted this is a noise problem that can be resolved without legislation.
Demetrios Kindles Attorney, 1619 South Andrews Avenue, Fort
Lauderdale represents the Southeast Chapter of ABATE (American Bikers Aimed
Toward Education) and also today also represents the Palm Beach Chapter of
ABATE (American Bikers Aimed Toward Education), stated they have been in
existence since 1974 across the country and the Florida organization has been in
existence since the 1980's. He stated on Saturday they had a meeting of over thirty
various organizations and motorcycle groups and as one voice they oppose this ordinance
because the State of Florida has pre-empted it. He stated this ordinance violates Florida
law and it will not stand in any litigation.
Chuck Halberg 4870 South Classical Boulevard, Delray Beach (long-
time resident, member of the Planning and Zoning Board, Parking Management
Advisory Board and the Chamber of Commerce), stated he is speaking as a private
citizen and noted he is very disturbed at the City's reaction regarding motorcycles in the
downtown area. Mr. Halberg stated Mayor Ellis has been quoted saying that she has
received a flood of emails with complaints about the loud motorcycles and that is why
this action to initially ban all motorcycles and now to intensify and complicate the noise
ordinance was taken up. However, Mr. Halberg stated when he requested information
regarding these complaints he was under-whelmed by the response. He stated he
requested three times of the City Manager and the Mayor to see all the complaints under
the public records act. He stated he received an email from the City Manager stating that
he does not remember much except a complaint from the Colony Hotel a few yeazs ago.
Mr. Halberg stated he received a package from staff consisting of the Colony Hotel
complaint from 2002, one other complaint from 2002, and some follow-up
documentation from the Police Department (a poster from 2002 and reports indicating
that the problem was not as prevalent as thought and seems to occur primarily during the
initial start of the motorcycle). Mr. Halberg asked if these complaints exist and if so why
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11/06/07
are they being kept out of the Sunshine. He stated as a resident he is bothered by the time
and expense being put forth by this ordinance and questions the motives that brought this
action forwazd. Mr. Halberg encouraged the Commission to involve the recreational
motorcycle community in a town meeting to discuss how people can help with this
education process. He stated Florida State Statute 316.272 and the City's current noise
ordinance are already enforced and works well in other cities. Mr. Halberg urged the
Commission to enforce and educate on these before taking any further action.
Robert Cannon, 330 Ross Drive, Delrav Beach (a citizen, resident and
homeowner of Delrav Beach), stated he is member of a motorcycle club and is a nurse
who works at Delray Medical Center in the cazdiac unit. He stated he pays City taxes and
pays taxes to license his motorcycle which averages between 20-40 miles to the gallon
whereas his wife's Durango averages 13.8 miles to the gallon. Mr. Cannon commented
that Atlantic Avenue is a Florida State road and suggested that the City of Delray Beach
do like they do on Bourbon Street in New Orleans and close down at night the entire
section of Atlantic Avenue to pedestrian traffic. He stated then he would have no
complaint because as a motorcycle enthusiast he would not be singled out. He stated
there is almost no parking for motorcycles in downtown Delray and suggested that there
be reserved spots for motorcyclists only in the City pazking lots and then motorcyclists
would not be starting their bikes up in front of restaurants because that is the only place
they can find to park.
Bud Aubrev, 22973 Sandlefoot Boulevard, Boca Raton, stated during
the October 16, 2007 City Commission Meeting it was brought to the City Commission
to give the motorcyclists time to review things that were going on and asked for their
help. Mr. Aubrey stated the motorcyclists were willing to do that and noted that on
several occasions he and other members had tried to make contact with the Commission
but received no response. He urged the Commission to give the motorcyclists access to
them because they are trying everything on their end to help rectify the problem that
exists. Mr. Aubrey stated this is not only a motorcycle problem but it is also a noise
problem. He stated he is uncleaz since the beginning about what exactly started this
problem and then those individuals who are retying their pipes, etc. are going to be
responsible for their own actions if the current ordinance is enforced. Mr. Aubrey stated
you cannot take a whole segment of people and say you have to have an EPA sticker on
your exhaust system when motorcycles two years ago did not have those stickers on them
even though they aze stocked right from the factory. In his opinion, Mr. Aubrey stated
this is not a motorcycle problem but it is becoming a people problem and he feels that the
City does not want the motorcyclist here. He stated if this is the case then he would like
to get with his legal counsel and meet with the Commission and take it from there.
Emerv Soder, Legislative Affairs Specialist in the Government
Relations Department with the American Motorcvclists Association (AMA) located
in Pickerington, Ohio, urged the City Commission to not adopt this ordinance and stated
the AMA opposes the Ordinance No. 45-07 for the same reasons heazd this evening and
noted advancing this ordinance is in conflict with Florida Statutes and does not provide
motorcyclists uniformity of traffic laws throughout the State. It further calls for
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11/06/07
restrictions for motorcycle equipment that are not authorized by Statute. Mr. Soder stated
at the meeting of October 16, 2007 for first reading of this ordinance the City
Commission called for assistance from the motorcycling community in resolving an
excessive noise, situation on Atlantic Avenue. He stated judging by the response the
Commission received and many email messages, letters, and telephone calls especially
from the crowd present this evening; and on October 16a' ,many people aze willing to
work with the Delray Beach City Commission and its leaders to address this issue. He
requested that the Commission provide the riding community the opportunity to meet
directly with them as soon as practical to begin these discussions. Mr. Soder stated he
met with Mayor Ellis this morning and provided information regarding the riding
community and its passions for motorcycling. Mr. Soder stated Florida has the third
lazgest number of registered motorcycles in the United States and its yeaz-round riding
season is a tourist magnet for riders. He stated Bike Week and Biketober Fest aze huge
gatherings but many other events including chazity runs draw local riders from all walks
of life to shaze their passions. He stated as the business and residents should welcome
riders, they should, want, and deserve the same opportunities and benefits as everyone
else. Mr. Soder read into the record a section in the US Code that grants equal access to
motorcycles (Title 23, Chapter 1, and Section 102 called Program Efficiencies). Mr.
Soder urged the Commission to not adopt Ordinance No. 45-07.
Dr Edward N Szerup 11960 N W. 26th Street, Plantation Acres,
record, has been riding motorcycles for over 60 years, member of the American
Motorcyclist Association for 50 years and now State of Florida AMA Congress Field
Representative Chief Instructor for the Motorcycle Safety Foundation. He expressed the
following concems: (1) the City cannot be selective of the human rights specifically
motorcyclists; (2) under Florida Law Title 23, Chapter 316 part ten amongst others the
provisions of this Section shall be applicable and uniform throughout the State and all
subdivisions and municipalities therein and no local authority shall enact or enforce any
ordinance on a matter covered by this section, (3) a 90 day study is not adequate and
recommends that there be an 18 month study not just for motorcycles but for other motor
vehicles, (4) he does not believe that this is a noise issue but rather that the City would
prefer not to have motorcycles on the street, (5) the Commission would better serve the
public by working within the motorcycle community. Mr. Szerup read a quote into the
record from a famous Roman philosopher from 106 B.C. to 43 B.C.
Josh Bressler, resident of Delray Beach, stated he and his fiancee aze
Attorneys and riders by recreation, active members of the community, fans of fine food
and devoted patrons of the restaurants and shops on Atlantic Avenue. He stated the noise
issue has concerned the City for some time and about a yeaz ago the Police Department
had a campaign to try to raise awazeness to address these concerns. Mr. Bressler stated
this is not a motorcycle issue but is a community issue which requires some common
sense and cooperation to resolve. Mr. Bressler urged the Commission to not rush to pass
an ordinance that may be invalid under Florida State law and feels it will put the City
down a path that is not the best fit solution for this issue. He pledged his personal time
and support to help come to a resolution.
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11/06/07
club in Fort Lauderdale, concurs with the majority of comments expressed this evening.
He stated this time of the year the weather is beautiful and feels that motorcyclists should
be able to ride a motorcycle down Atlantic Avenue to go to a restaurant for dinner, a
coffee shop, or to Elwood's. Mr. Barkoff stated sometimes the motorcyclists have
benefit runs through the motorcycle club (i.e. Toys for Tots, etc.). He stated they use
restaurants in the Palm Beach County area along with the Browazd County area to raise
money for Joe DiMaggio's Children's Hospital. Mr. Bazkoff stated he would hate to see
something that could raise a lot of money get down played because of a few bad apples to
ruin it for everyone else. He stated at the October 16, 2007 City Commission Meeting
the Police Chief noted that he would have police patrol to go ahead and issue tickets to
the people who are violating the noise ordinance. Mr. Barkoff stated he feels this would
be enough enforcement and does not support lawsuits going back and forth.
Claude Ford, resident of Lake Worth and with ABATE (American
Bikers Aiming Towards Education) of Lake Worth, stated if the Attorney General is
reviewing this ordinance he believes the Commission should vote this ordinance down.
Edward Koenie. 3181 Grove Road, Palm Beach Gardens, stated there
aze many veterans and service men that have defended this country that enjoy riding their
bikes. He stated they patronize the restaurants and the entire City. Mr. Koenig stated he
does not feel that it would be right to restrict the motorcyclists from riding on Atlantic
Avenue.
Michael Haar, 3625 Diane Drive, Boynton Beach, stated there were
several other issues that would have been solved very easily if people rode motorcycles
(i.e. multiple parking issues, easements). He stated he does not own a car and feels the
City will be restricting him by setting something in place. Mr. Haar commented that this
ordinance is being reviewed at other levels throughout the State and he urged the City to
take a good look at this and follow their wisdom and judgment.
Steve Sessa thanked the Commission for the opportunity to address them
this evening. Mr. Sessa stated they have heazd the Commission and he hopes the
Commission has heard them.
Mr. McDuffie stated he heard comments from people about being totally
banned from our City. The City Attorney explained that this ordinance does not have that
prohibition in it.
Mr. Kirkiles stated he disagrees because they aze addressing Chapter 316
that means the second you address motor vehicles the same issues arise whether the City
is banning motorcycles or addressing motorcycles they are revoking Chapter 316.
Mr. McDuffie stated the ordinance is a three decibel difference and it does
not ban motorcycles. He stated he would like to make sure that we aze having equal
protection under the law for everyone that comes through the City and would like staff to
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11/06/07
review the differences between the legislation that the motorcyclists' attorney quotes and
what is in the City's ordinance and find out what the prevailing legislation is today.
The City Attorney stated there is a differential with the Federal EPA
Regulations and the State Statute.
Mr. Fetzer apologized for being out of town for several weeks and stated
there were comments made about problems with accessibility to the Commission. He
stated he tries to be accessible. Mr. Fetzer stated he watched the video streaming of the
meetings he missed and was encouraged by the action of the Commission to not follow
through with the option of the ordinance that would have a ban on motorcycles on
Atlantic Avenue. Mr. Fetzer stated he does not believe that would have been the right
decision. Mr. Fetzer stated it was passed on first reading to proceed with Option #1;
however, particularly because of some of the additional legal infonnation raised this
evening he feels it would be premature to go ahead with the legislative decision with this
at this point. He agrees with the Commission that the City do a survey and feels we need
to work together to determine what the problem is and to determine if we need a
legislative solution. Mr. Fetzer stated he agrees with an email the City Manager sent to
the Police Chief that the survey needs to address not just motorcycle noise but all noise in
the downtown azea. Mr. Fetzer stated the City needs to get a handle on what the problem
is before any additional ordinances are passed.
Mrs. Montague asked the Police Chief to give the Commission a summary
of his memorandum in terms of enforcement. Chief Schroeder stated the memorandum
was the Police Department's plan should the Commission enact the ordinance as
proposed tonight. He stated it basically outlines the survey and staff talked to Marjorie
Ferrer with the Downtown Mazketing Collaborative who would be able to do the survey
for the City. Chief Schroeder stated during that time there would be an educational
component, an enforcement component, and after April staff suggested that this be
looked at again to see whether or not there was an improvement and from there we could
figure out which way to go.
Mrs. Montague stated without approval of the ordinance what would the
options be over the next 3-6 months. In response, Chief Schroeder stated enforcement of
the State law under the cun•ent provisions and City ordinance under the current
provisions. Mrs. Montague asked how this will work and would this be effective. Chief
Schroeder stated enforcement will be problematic; however, with the current laws in
place the Police Department can see if they can make improvements to the situation while
the Commission and motorcycle groups work towazd a different solution.
Mrs. Montague inquired about the survey period. Chief Schroeder stated
his proposal on the survey was based on the first proposal about consideration of banning
motorcycles on Atlantic Avenue. He stated instead of banning motorcycles outright he
suggested that a survey be done which can be completed in approximately one week.
Chief Schroeder stated there is an evaluation period of 3-5 months and whatever actions
that we take during that time can either improve or make worse the situation as we
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11/06/07
currently have it. Chief Schroeder stated the survey and the evaluation period were
suggested as an alternative to going to the ban.
Mrs. Montague stated the Commission has been accessible and have used
point persons at this point. She stated it is very difficult when you have five people going
in five different directions. She stated they have to come together as a Commission and
make a decision of how they aze going to move forward and at that point they can contact
people and communicate through the City Attomey.
Mrs. Montague inquired about the EPA sticker. Chief Schroeder deferred
this question to the City Attomey. The City Attomey stated the reference in the
ordinance is to subpart "D" which is the Federal Noise Emissions Standazds for
Motorcycles -Noise Emissions Standards and it states: "street motorcycles of the
following and subsequent model yeazs must not produce emissions in excess of the levels
indicated." The City Attorney stated it is model year after 1982 - 83 decibels and then
after 1985 - 80 decibels. The City Attomey stated this is one of the subparts referenced
in the Statute and part of that sets forth the labeling requirements for manufacturers so
that someone can look at the label and determine whether it met the noise and other
emission standazds. She stated this gives another way for someone to look at the bike
and say you did not have the sticker and thus it probably does not meet the emission or
the decibel levels and noted other cities do this. She stated this was originally another
enforcement tool.
Mayor Ellis reminded the Commission that this is a noise control
ordinance and does address the noise in the downtown azea.
Mr. Eliopoulos stated he does not have an issue with motorcycles in town
it is just about being respectful. He concurs with Commissioner McDuffie and
Commissioner Fetzer to see how the survey works and see where the City is with regards
to the State Statutes. Mr. Eliopoulos would like to keep reviewing this and get this
resolved.
Mr. McDuffie stated he would like to resolve this.
Mrs. Montague asked Chief Schroeder what he sees happening within the
next 3-6 months in terms of enforcement with the ordinance the City presently has. Mrs.
Montague stated the City has a noise ordinance that does not only refer to motorcycles it
is also a noise ordinance and noted that there is a problem with noise in downtown Delray
Beach and the City has invested millions of dollars in downtown which is growing. Mrs.
Montague stated the City has to figure out how to make sure that the quality of life issues
that we have been addressing all this time can continue to uphold. Mrs. Montague stated
she would like the. C'nmmiasinn to rnma to ~ AAr;mnn ...,uo,.r;..ot....~ ~,, t,,.... a.e ~:...
evening, then the Police Department can go through a period of time of concerted
attention and focus attention into the downtown azea in regazds to all noise violations that
occur there.
Mayor Ellis gave direction to have staff look at this again in a period of
time that everyone would be comfortable with.
Mr. Fetzer suggested that the Commission place this item on a Workshop
Meeting after the survey and evaluation has been performed. Police Chief Schroeder
suggested looking at this again in April.
Mr. Eliopoulos stated he would like to see this resolved quicker than
April. The Police Chief stated the Police Department will keep the City Manager
informed of their activities and outcomes on a weekly or monthly basis.
Mrs. Montague stated she and Chief Schroeder discussed utilizing the
services of ABATE (American Bikers Aimed Toward Education) and the AMA
(American Motorcyclist Association) and their local leadership. She asked Chief
Schroeder to meet with them to get that information disseminated amongst the
motorcycle community along with the City Attorney. Mrs. Montague commented about
Representative Maria Sachs and the fact that she was looking into the legislature in
Tallahassee and asked the City Attorney to follow up to see where she is on that.
Mr. McDuffie moved to table and direct the City Attorney to compaze this
ordinance against prevailing legislation and find which is the prevailing legislation; and,
to determine whether or not any additional legislation or ordinances aze required and/or
enforce the ones that are enforced in the State of Florida today; and that this item be
placed on a Workshop Meeting after the evaluation period (approximately April 1, 2007),
seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -
Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -
Yes. Said motion passed with a 5 to 0 vote.
10.A. ORDINANCE NO. 46-07 (SECOND READING/SECOND PUBLIC
HEARING): Consideration of a rezoning request to allow a modification of the Blood's
Grove Special Activities District (S.A.D.), Zoning Ordinance No. 51-95, in conjunction
with a new mixed-use development known as Midtown Delray containing 116 townhouse
units (of which 32 units aze subject to the family workforce housing ordinance) and
29,571 squaze feet of medical offices to be located at the southwest comer of Linton
Boulevard and Old Germantown Road (4600 Linton Boulevazd). (Quasi-Judicial
Hearin
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,
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AMENDING SECTION 4.4.25(G), "S.A.D.s," TO ADD
SUBSECTION (9) MIDTOWN DELRAY TO THE LIST
OF APPROVED S.A.Ds; 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
EFFECTPJE DATE.
(The official copy of Ordinance No. 46-07 is on file in the City Clerk's
office.)
10.A.1. SITE PLAN REVIEW AND APPEARANCE BOARD
ACTIONS/MIDTOWN DELRAY: Recommend approval with conditions (4 to 2),
Andrew Youngross and Jose Aguila dissenting), of a Class V site plan, landscape plan
and architectural elevations associated with the constmction of a 116-unit townhouse
development (of which 32 units are subject to the family workforce housing ordinance)
and 29,571 squaze feet of medical offices for Midtown Delray, located at 4600 Linton
Boulevard).
The City Attomey 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 Attomey stated staff moved from the Consent Agenda the
approval of the Site Plan Review and Appeazance for the Commission's consideration at
this time. This ordinance amendment dealing with S.A.D.'s (Special Activities Districts)
has with it a site plan and in Section 6 of this ordinance it states "that the development of
the properties described shall be in accordance with the site and development plan known
as Midtown Delray approved by the Site Plan Review and Appeazance Board (SPRAB)."
The City Attomey stated the under the City's Land Development Regulations (LDR's)
the City Commission can appeal any decision by the Site Plan Review and Appearance
Board as to any site plan. Therefore, the City Attomey stated we want to preserve that
ability of the City Commission to make that determination whether they want to appeal
the site plan or not at this time. If the Commission does want to appeal the site plan, then
the processes require that the City set up another meeting for the applicant to be prepared
to deal and City staff to deal with the appeal. The City Attorney stated if this does
happen the second reading of this ordinance would have to be postponed until that same
meeting as well. The City Attomey clarified that the Site Plan Review and Appeazance
Board adopted the motion presented by staff which was an approval and that is an error in
the backup material. The City Attorney stated it was approved.
Mr. McDuffie commented that it was approved with 26 conditions (many
of these conditions have already been met).
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The City Attorney stated if the Commission thinks they may have issues
with either the conditions or the site plan itself, then they would want to preserve their
right to appeal it and it would be scheduled at the next regulaz meeting so that all parties
know what procedure is being followed and the second reading would have to be
postponed until that time as well. If, however, the Commission feels there is not an issue
with the site plan and they do not want to appeal it, then the Commission can go forwazd
with the second reading on this rezoning and then there will be waivers after that.
Mr. Eliopoulos stated he had the opportunity to see one of the latest
revisions from the applicant and spoke to the City Attorney about some of the issues that
came up. He stated the one thing that stood out to him was the workforce housing. Mr.
Eliopoulos stated he called the State today and they confirmed the following: when you
are dealing with apartment workforce housing they do prefer the entire workforce
housing to be within one building. He stated when it comes to fee simple townhouses
they can be a "scattered plan" and scattered throughout the site. Mr. Eliopoulos stated
based on that he would not be able to vote on this just with that one element. Mr.
Eliopoulos stated he does not want to see the workforce housing units isolated in one
azea. He stated there have been hundreds of emails with regazd to circulation.
Mr. Fetzer commented about the issue of the second entrance on Linton
Boulevard and asked if they would have to receive County approval to do that. In
response, Mr. Dorling stated it is a County road and it would require County approval.
Mr. Dorling stated he talked with Dan Weisberg of the traffic division about the County's
position on it and he did not rule it out but had some concerns that it would tend to force
a movement of anybody wanting to go west to cross three lanes in a very short distance.
Mr. McDuffie asked if they would consider a right turn only. Mr. Dorling
stated it would be a right turn in and out only but as you are fuming right out and if you
want to go west there is maybe the propensity to cross three lanes to get into a turn lane
which would have to be provided for a left turn U-turn at that intersection. Mr. Dorling
stated Mr. Weisberg felt that the benefit would be minimal to provide that additional
access.
Mr. Eliopoulos stated the Commission received many emails with regazds
to ADA workforce housing and commented that he contacted not only the State but he
contacted the gentleman who wrote the ADA Handbook of Florida along with
Washington with regards to projects where you receive federal grants. Mr. Eliopoulos
stated with the $5 million that this applicant is receiving there is no requirement for ADA
requirements. He stated when dealing with townhouses the only time ADA comes into
place is when you introduce an elevator. Mr. Eliopoulos stated this project is not
required to meet that and is not dependent on the $5 million the applicant is seeking.
The City Attorney stated at this point the Commission does not have to get
into the total merits of the site plan but they need to discuss if there aze issues that they
feel they may want to appeal or not.
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11/06/07
Mr. McDuffie stated from conversations with the applicant and the
applicant's attorney is that the site plan as of right now would differ from the one the
Commission has right now and that they have made changes to the site plan to
accommodate some of the conditions that aze specified by SPRAB. The City Attorney
stated this ordinance would adopt a site plan as approved by SPRAB subject to the
conditions approved by SPRAB.
Mayor Ellis asked if the Commission can add a condition. The City
Attorney stated if the Commission does an appeal then they could add a condition.
Mr. Fetzer asked if the Commission appeals the site plan, can they act on
the second reading ordinance at the same time and continue with a quasi judicial hearing
at that point.
Prior to the vote, Mr. Eliopoulos suggested to keep open communication
and stated there have to be options out there so we can handle this traffic issue better.
Mayor Ellis asked if a traffic study has been done. In response, Mr.
Dorling stated there has been 4 or 5 traffic studies done since the Commission's last
meeting and staff had them adjust the distribution of traffic to be what staff feels is more
realistic and then staff had them analyze the intersection of Homewood Boulevard and
Genmantown Road to make sure that the additional traffic that was distributed did not
impact that intersection. Mr. Dorling stated staff also had them an intersection analysis
of the park access road and Germantown Road. They had previously done an intersection
analysis of Germantown Road and Linton Boulevazd just north of that site as well as
another study that they had revised. Mayor Ellis stated the Commission would want this
information.
Mr. McDuffie stated the final study contained in the Weiner and Aronson
document was hand delivered to the Commission.. Mr. Dorling stated this is the latest
and includes the intersection analysis of the park access road and Germantown Road
which is not required but staff wanted to cover all basis. Mr. Dorling stated he cannot
think of any other scenario the City needs to analyze at this point.
Mrs. Montague asked the Commission if they aze looking to have Mr.
Dorling look at both the commercial ingress/egress component as well as residential. Mr.
Eliopoulos stated he would like to see this as an option. Mr. Dorling stated there maybe
some options to provide cross access between the uses and the discussions at the County
centered around the fact that they would be very concerned if the primary access was
limited to Linton Boulevazd and they would only be supportive if that was a secondary
access provided.
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11/06/07
Mr. Fetzer moved to postpone the appeal as well as Ordinance No. 46-07
to a date certain of November 20, 2007 at 7:00 p.m., seconded by Mr. McDuffie. Upon
roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes;
Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5
to 0 vote.
10.C. ORDINAN(;E NO. 53-U7 (r't1t51 xi';auirr~:irix~i r~ri,r~:
HEARING): Privately initiated amendment to the Land Development Regulations
Section 4.4.13, "Central Business District (CBD)," Subsection 4.4.13(D), "Conditional
Uses and Structures Allowed," and Subsection 4.4.13(Ii), "Special Regulations," Article
4.3 "District Regulations, General Provisions," Subsection 4.3.3, "Special Requirements
for Specific Uses," and to add automobile boutique as a conditional use subject to the
provisions of Section 4.3.3, "Special Requirements for Specific Uses", and Appendix
"A" Definitions to add automobile boutique as a conditional use in the Central Business
District. If passed, a second public hearing will be scheduled for November 20, 2007.
The caption of Ordinance No. 53-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SECTION 4.3.3, "SPECIAL
REQUIREMENTS FOR SPECIFIC USES", BY
ENACTING SUBSECTION 4.3.3 (ZZZ),
"AUTOMOBILE BOUTIQUE", AMENDING SECTION
4.4.13, "CENTRAL BUSINESS DISTRICT (CBD)",
SUBSECTIONS 4.4.13(D), "CONDITIONAL USES AND
STRUCTURES ALLOWED" AND 4.4.13(H), "SPECIAL
REGULATIONS"; AMENDING APPENDIX A
DEFINITIONS; TO ADD AUTOMOBILE BOUTIQUES
AS A CONDITIONAL USE IN THE CENTRAL
BUSINESS DISTRICT WITH SPECIFIC
REQUII2EMENTS; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN
EFFECTNE DATE.
(The official copy of Ordinance No. 53-07 is on file in the City Clerk's
office.)
The City Attorney stated Ordinance No. 53-07 that deals with the
automobile boutique use and is a privately initiated rezoning and there has been a
withdrawal of this ordinance.
The City Attomey 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.
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11/06/07
Mayor Ellis declazed the public hearing open. There being no one from
the public who wished to address the Commission regazding Ordinance no. 53-07, the
public hearing was closed.
Mr. McDuffie moved to approve Ordinance No. 53-07 on First
Reading/First Public Hearing, seconded by Mrs. Montague. Upon roll call the
Commission voted as follows: Mrs. Montague - No; Mayor Ellis - No; Mr. Eliopoulos -
No; Mr. Fetzer - No; Mr. McDuffie - No. Said motion was DENIED with a 5 to 0 vote.
10_D. 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.
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
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.
Brian Shutt, Assistant City Attorney, stated this ordinance clarifies the
existing ordinance by setting the dockage rate and by setting a minimum dockage rate.
Mayor Ellis declazed the public hearing open. There being no one from
the public who wished to address the Commission, the public hearing was closed.
Mr. Fetzer moved to adopt Ordinance No. 51-07 on Second and Final
Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows:
Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs.
Montague -Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 11, Comments and
Inquiries on Non-Agenda Items.
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11/06/07
11.A. City Manaeer'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. Mark Fields, 414 Seasaae Drive #5, Delrav Beacb, feels there is
professional and political nepotism going on in the City. Mr. Fields stated one of the
Commissioners nominated him to sit on the Historic Preservation Board and four
Commissioners made no response to the motion. He stated a second nomination was
made and a third nomination was made.
Mr. Fields stated because there are so many issues with historic
preservation and because in his opinion we are wasting time and money, he suggested
disbanding the historic districts and turning them all into half-way houses and
rehabilitation facilities. He stated this would kill two birds with one stone.
He commented about issues with the rehabilitation facilities throughout
the City. Mr. Fields commented about condos across the street from where he lived last
year and noted it was like a CVS pharmacy and the problem was rectified over the
summer. Mr. Fields stated he has nothing against people wanting to get sober and thinks
it is great if someone wants to better their life. However, he stated this is a serious issue
and feels it is related to crime. Mr. Fields stated he belongs to the gym on 2"a Avenue
and there were problems with vehicle break-ins and signs were posted everywhere. He
stated as soon as the Crossroads Club was closed down the break-ins pretty much ended.
Mr. Fields also commented about the break-ins on the beach and stated it is to the point
where the criminals aze dressing up like women to walk down the sidewalk to take a
crowbaz to bust out a car window and take whatever is available to sell. Mr. Fields stated
Delray Beach is the number one place to come for rehabilitation and is considered the
Mecca for rehab. He suggested that the City address how many rehabilitation facilities
and drug treatment facilities there are in Delray Beach.
Lastly, Mr. Fields commented about dogs on the beach and noted that
animals were never allowed east of the curb. He stated he cannot ride his bike because
people spit at him, verbally abuse him and dogs attempt to bite him. Mr. Fields stated the
ordinance was changed and he urged the Commission to go back and revisit the
ordinance. He suggested that the City enforce the ordinance and allow people a
designated azea on the north end of the beach for the dogs as the ordinance is cun•ently
written. However, Mr. Fields stated although people agreed to police themselves and
cleanup after their pets and not let them run with leashes, etc., they are not abiding by the
ordinance.
11.B.2. David Hawke, 121 Heather Lane, Delrav Beach, stated he wrote the
City Manager approximately a week ago informing the City that the Code Enforcement
Boazd lost one of its members over the summer and the Boazd is trying to put a memorial
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11/06/07
bench at the Fire Deparhnent for Glenn Schuster. Mr. Hawke stated Mr. Schuster
contributed to the 911 rescue and sat on the Code Enforcement Board for approximately
1 yeaz to 1 1/2 years. Mr. Shuster accidentally passed away because of injuries from 911
as well as from life long diabetes. Mr. Hawke stated the Boazd raised $350.00 and is
requesting additional matching funds for $350.00 from the City of Delray Beach so that
the Boazd can give Glenn a bench in front of the Fire-Rescue Department. Mr. Hawke is
requesting the City's assistance otherwise the Board members have to each come up with
$100.00 for the bench. He stated the Fire-Rescue Department has approved its location.
Mr. Fetzer asked what the total cost of the bench would be. Mr. Hawke
stated the total cost of the bench is $700.00. It was the consensus of the Commission to
personally split the cost equally for the bench.
At this point, the time being 9:07 p.m., the Commission moved to Item
12, First Readings.
12. FIRST READINGS:
12_A. ORDINANCE NO. 52-07: Consideration of a rezoning from R-1-A
(Single Family Residential) to CF (Community Facilities) for 345 N.E. Sa' Avenue to
accommodate offices associated with the Achievement Centers for Children and
Families, located at 555 N.E. 4`h Street. If passed, a second public hearing will be
scheduled for November 20, 2007.
The caption of Ordinance No. 52-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED R-1-A (SINGLE FAMILY RESIDENTIAL)
DISTRICT TO CF (COMMUNITY FACILITIES)
DISTRICT; SAID LAND BEING A PARCEL
LOCATED AT THE SOUTHEAST CORNER OF NW
5TH AVENUE AND NW 4TH STREET, AS MORE
PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, APRIL 2007' ; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 52-07 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated this property is
located on the east side of N.W. 5`h Avenue, just south of Lake Ida Road. He stated it is
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across the street from the existing Achievement Centers for Children and Families. The
site has been approved for numerous modifications including a rezoning from R-1-A to
CF on September 18, 1995 and a FLUM amendment from LD to CF-P on July 25, 2000.
Mr. Dorling stated the child care facility wishes to expand and provide some office space
for three of its senior employees and therefore they are seeking this rezoning to CF which
is consistent with zoning on the primary parcel. At its meeting of October 15, 2007, the
Planning and Zoning Board recommended approval of the request of the rezoning from
R-1-A (Single Family Residential) to CF (Community Facilities). Formal public notice
was provided to property owners within a 500 foot radius of the subject property.
Neighborhood residents expressed concern about this having an impact on their
properties. Staff assured them that this is a privately initiated amendment and that the
rezoning would only affect the subject property at 345 N.W. 5~' Avenue.
At its meeting of October 11, 2007, the Community Redevelopment
Agency (CRA) reviewed the proposal and recommended approval.
Mrs. Montague moved to approve Ordinance No. 52-07 on FIRST
Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows:
Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes;
Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote.
12_B. ORDINANCE NO. 54-07: City initiated rezoning from R-1-A (Single
Family Residential) District to RM (Medium Density Residential) District for
approximately 3.9 acres, located a %Z block on either side of S.W. 12`h Avenue, between
S.W. 2"d Street and S.W. 3'~ Street. If passed, a second public hearing will be scheduled
for November 20, 2007.
The caption of Ordinance No. 54-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED R-1-A (SINGLE FAMILY RESIDENTIAL)
DISTRICT TO RM (MEDIUM DENSITY
RESIDENTIAL) DISTRICT; SAID LAND LOCATED
ON THE EAST AND WEST SIDES OF SW 12TH
AVENUE, BETWEEN SW 2ND STREET AND SW 3RD
STREET, AS MORE PARTICULARLY DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, APRIL 2007' ; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTNE DATE.
(The official copy of Ordinance No. 54-07 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
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11/06/07
Paul Dorling, Director of Planning and Zoning, stated this rezoning
includes 24 lots totaling 3.9 acres located %: block east and west of S.W. 12`s Avenue,
between S.W. 2"d Street and S.W. 3`d Street. This action is in conjunction with a Future
Land Use Map (FLUM) Amendment for the property from LD (Low Density Residential
0-5 du/ac) to MD (Medium Density Residential 5-12 du/ac). The FLUM Amendment
includes as part of Comprehensive Plan Amendment 2007-2 and will be considered for
adoption at the next City Commission meeting.
Mr. Dorling stated this is part of a proposed private sector redevelopment
initiative for Carver Estates and Auburn Trace further south and this is being sought to
provide assistance to clean up the S.W. Avenue corridor which will be the entrance
roadway to the redevelopment south of it. Mr. Dorling stated this is a challenged piece of
property because the majority of these lots are duplexes in need of repair and under the
current zoning of R-1-A. The only thing that can be re-built on them is single family
homes. Therefore, he stated this is not an azea that is right for redevelopment without an
initiative like this which would allow some greater densities. Also, the two blocks north
of this on 12`h Avenue aze part of the Southwest Neighborhood Plan which did allow up
to 24 units to the acre in the RM (Multiple Family Residential -Medium Density) and
that redevelopment potential is being extended to this pazcel to help with the overall
redevelopment.
At its meeting of July 12, 2007, the Community Redevelopment Agency
(CRA) reviewed the proposal and recommended approval. At its meeting of July 16,
2007, the Planning and Zoning Board voted 4 to 0 (Glickstein, Perez-Azua and Pike
absent) to recommend approval.
Mr. Eliopoulos moved to approve Ordinance No. 54-07 on First Reading,
seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer
- Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -
Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 9:13 p.m., the Commission moved to back to
Item 9.E. of the Regular Agenda.
9_E. BID AWARD/WEST CONSTRUCTION, INC.: Consider approval of
a bid award to second lowest bidder, West Construction, Inc., in the amount of
$2,392,275.00 for the construction of Fire Station No. 4. Funding is available from 334-
6112-522-62.88 (General Construction Fund/Fire Station No. 4).
Richard Hasko, Director of Environmental Services, stated this is a
recommendation for a bid award for the reconstruction of Fire Station No. 4 within the
Barwick Pazk area at Barwick Road and Lake Ida Road. Staff bid this project on
September 11, 2007 and there were ten bidders. The bids ranged from $2.6 million to
$3.4 million. Mr. Hasko stated the lowest appazent bidder was Ocean Gate General
Contractors with a bid amount of $2,259,010.00; the second bidder was West
Construction, Inc. with a bid amount of $2,272,775.00. The difference between the two
bidders is a little less than $14,000.00 (0.6% of the construction value). An evaluation
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11/06/07
committee was convened the following week to review all the applications. The
committee consisted of the City's consultant, Environmental Services staff, and Fire-
Rescue staff. Mr. Hasko stated after reviewing the submittals, it was determined by the
committee to recommend the bid awazd to West Construction, Inc. who was actually the
second bidder by 0.6%. He stated after checking into the references provided by the first
bidder as well as evaluating the bid that was submitted, there was a minor irregularity in
the bid for West Construction, Inc. and some irregularities and missing information in the
low bidder's bid in terms of required submittals for proposed staff to run the project. He
stated there were typographical errors in that bid package that was clarified later with
communications between the first bidder and the consultant. Mr. Hasko stated staff's
primary reason for recommending the bid award to West Construction, Inc. has to do
with the City's experience with them.
Mr. Hasko stated the one irregularity on the contract for West
Construction, Inc. had to do with the percentage of work that was going to be done by
their own staff and the technical specifications require 20% and they listed 19%. He
asked that the Commission waive that irregularity.
Prior to the vote, Mr. Eliopoulos stated he has not been a big supporter of
this project in the past he wanted to emphasis that the message that we send and how we
plan to do work down the road is that we have been calling ourselves "Green City" and
he noted that when you tend to go green it does cost some money. He stated the reason
he was opposed to this project is because the best Been building designed out there is the
one that is never built and the second best is one that is a renovation. Mr. Eliopoulos
would like everyone to keep this is mind down the road when we look towazds
demolition and how this affects it because those aze resources that you do not throw
away. He stated that someone may come along and suggest doing this as a green
building and what happens is there aze numerous change orders because now the contract
has been awazded and the building has been designed. Mr. Eliopoulos stated as for the
City of Delray Beach when we are doing projects (which is actually called a "Chazette"),
that it be set up that if you want to choose to go for a green building there aze different
levels (i.e. certified, silver, gold and platinum) and design it in the beginning. He would
like the Commission to be aware of these things and take this into consideration.
Mr. Hasko stated staff met with the consultant on this and they spent time
on evaluating the current proposal for the building. He stated the consultant feels that we
have enough points based on the design factors in the building, etc. that we could qualify
for a basic green building certification on Fire Station No. 4. Mr. Hasko stated there may
be some other things that staff maybe able to do to increase those points. He stated in
addition to the base bid they aze also recommending awazd for contingency allowance in
two of the alternate bids so the total bid award would be $2,392,275.00.
Mr. Fetzer moved to approve the bid awazd to West Construction, Inc.
(second lowest bidder) in the amount of $2,392,275.00 for the construction of Fire
Station No. 4, seconded by Mr. McDuffie. Upon roll call the Commission voted as
follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos
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-Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote.
9_F. INFORMATION TECHONOLOGY (IT) BUILDING/CITY HALL
NORTH WING PROJECTS: Provide direction regazding proposals for the new
Information Technology (IT) Building and the City Hall North Wing remodeling
Projects.
The City Manager stated the City is at the point where they have 100%
design documents on the Information Technology (IT) Building and staff is asking for
direction on how to proceed. The City Manager stated the money is in the budget as a
line item and it is reserved at this point for the north wing remodeling; the money is in the
budget for the IT building but is not designated for that purpose. He stated it is in as a
undesignated capital item at this point.
Mr. Fetzer asked if this would mean a modification to the City's budget.
The City Manager stated this would not be a modification to the City's budget.
Mrs. Montague stated the City has been dealing with a lot of short term
issues with regard to the finances because we did not know what was happening in
Tallahassee and we still do not. However, she stated this is a long-term issue for the City
and with regazd to the construction she does not see how these two projects cannot be
done simultaneously. Mrs. Montague stated the disruption it will potentially cause to the
employees would be unbelievable.
Mayor Ellis stated the loss of productivity by doing these two projects
separately will be enormous not only in employee moral but she feels that everyone has
tried to work through construction at one time or another. Mayor Ellis feels it will cost
everyone more in the long run.
Mr. Eliopoulos stated he is split on this. He stated he supports the 1T
Building because the building serves all the City's departments and feels the money is
spread throughout the departments. Mr. Eliopoulos stated he reviewed the City Hall
North Wing Project and feels it is a great plan but feels right now the City needs to hold
off on construction of it.
Mrs. Montague moved to move forwazd with the construction of the
Information Technology (IT) Building and the City Hall North Wing remodeling
projects, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows:
Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos - No; Mr. Fetzer -Yes; Mr.
McDuffie -Yes. Said motion passed with a 4 to 1 vote, Mr. Eliopoulos dissenting.
9_G. CONTRACT AWARD/PRISTINE WATER SOLUTIONS: Consider
approval of a contract awazd to second lowest bidder, Pristine Water Solutions, in an
estimated annual cost of $96,894.00 for the purchase of Poly Phosphate at $0.769 per
pound for the Water Treatment Plant as needed. Funding is available from 441-5122-
536-52.21 (Water/Sewer Fund/Chemicals).
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11/06/07
Richazd Hasko, Director of Environmental Services, stated the Water
Treatment Manager has spoken with Shatmon Chemical Corporation (low bidder) in
terms of the impacts of the affect of their particulaz product versus the product that the
City has been receiving from Pristine Water Solutions. Mr. Hasko stated the Pristine
Water Solutions product tends to reduce the levels of lead and copper when it is tested
per Health Department, State and Federal requirements which leads to less testing
requirements which leads to less costs for sampling and testing requirements.
Mr. McDuffie moved to approve the contract awazd to Pristine Water
Solutions (second low bidder) for the purchase of Poly Phosphate at $0.769 per pound for
an estimated annual cost of $96,894.00, seconded by Mr. Fetzer. Upon roll call the
Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -
Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote.
9_H. RESOLUTION NO. 64-07: Consider approval of Resolution No. 64-07
supporting a Plumosa Elementary School Kindergarten through Eighth Grade Fine Arts
Magnet Program on the Seacrest Site (Old Atlantic High School).
The caption of Resolution No. 64-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, SUPPORTING
A PLUMOSA K-8TH FINE ARTS MAGNET PROGRAM
ON THE SEACREST SITE (OLD ATLANTIC HIGH
SCHOOL)
(The official copy of Resolution No. 64-07 is on file in the City Clerk's
office.)
Janet Meeks, Education Coordinator/City of Delray Beach, stated a few
weeks she and Mayor Ellis met with Carole Shetler, South Area Superintendent, and she
informed them what some of the options were that the Palm Beach County School
District is looking at for three schools. The School District is looking at three schools
they would like to make changes to. She stated currently Forest Pazk Elementary School
is located in Boynton Beach and they aze in the process of getting their school
modemized and the students are being housed at the old Atlantic High School site;
Plumosa Elementary School is currently getting their architectural plans done for their
modernization on their existing site; and, Galaxy is on the horizon to get their school
modernized. Mrs. Meeks stated a few months ago Paulette Burdick, Palm Beach County
School District, suggested in order for the district to save money possibly close one of
those schools with Plumosa and Galaxy being on the top of the list since Forest Park
Elementary was already under construction. Mrs. Meeks stated the School District
received an 11 million dollaz Federal grant to provide 5 new magnet programs one of
those being a fine arts program at Plumosa Elementary School. Mrs. Meeks stated the
district is looking at 5 options and she briefly reviewed each option. Mrs. Meeks stated
in her research she has found that all the elementary schools have low enrollment at this
-36-
11/06/07
time. Mrs. Meeks stated the Palm Beach County School District will be making their
decision at one of the upcoming Boazd meetings (probably December 5, 2007). She
stated staff feels that at this time it is important for the City Commission to take a stance
of their support of which way they would like the school to go. Mrs. Meeks stated at the
Education Board Meeting last night they did support the K-8 model at the old Atlantic
High School site (Option #3). She stated this is a very strong option for both Delray
Beach and Boynton Beach. Mrs. Meeks stated this item is before the City Commission to
adopt the resolution and send the resolution to the School District in support of the
program.
Mayor Ellis stated we need to make sure that the School Board heazs from
the City of Delray Beach about its choice. She stated she contacted all the previous
Mayors from Tom Lynch forwazd and also spoke with the Principal at Plumosa. Mayor
Ellis stated we need to support this so that the School Board knows what Delray Beach
feels is the best thing to do and the reasons why we feel it is the best thing to do. She
stated Boynton Beach will also benefit from this proposal. Mayor Ellis stated the option
of rebuilding both of these schools is probably not a real consideration even though the
School Board can do what they wish but they really do not have the enrollment. In order
to maintain the grant rebuilding it on the Seacrest site (old Atlantic High School site) it
would have to be named Plumosa in order to not lose that grant. Mayor Ellis stated she
has talked with Steve Abrams and the City of Boca has many middle school students they
send to the north part of the County for the School of the Arts and they may be willing to
provide some support for backup to the City Commission's recommendation about this
plan as well.
The City Manager stated he is encouraged by Kurt Bressler's
memorandum.
Mr. McDuffie stated his daughter has been through the arts program all
the way to graduating from Alexander Dreyfoos and also attend Bak Middle School of
the Arts. He stated she spent a lot of time on tri-rail and even though the arts program at
S.D. Spady is not an arts magnet it is a very strong program. Mr. McDuffie stated the
education is phenomenal and these art schools have proven that their academics are better
also. Mr. McDuffie stated he fully supports and feels it would not only be a great
addition to the City of Delray Beach but to the City of Boynton Beach as well.
Mr. McDuffie inquired as to whether or not the neighborhood children get
first option. He stated for example S.D. Spady and Alexander Dreyfoos and other
magnet schools are lottery schools and then, in the school of the arts, there is an audition
to get in. Mayor Ellis stated it would be a boundary school with certain seats set aside for
choice for the arts program. She stated in conversations the middle school may be a
complete choice program for arts but that is yet to be determined. Mr. McDuffie stated
this would be a great addition to the community.
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11/06/07
Mr. McDuffie moved to approve Resolution No. 64-07 (Option #3),
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr.
Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor
Ellis -Yes. Said motion passed with a 5 to 0 vote.
9.I. RESOLUTION NO. 65-07: Consider approval of Resolution No. 65-07
which provides that the City will install temporary features along US Highway 1 to
reduce the two (2) one-way streets from three (3) to two (2) lanes between S.E. l0a'
Street and George Bush Boulevard.
The caption of Resolution No. 65-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, APPROVING A
TEMPORARY MODIFICATION OF THE TWO ONE-
WAY STREETS OF US-1 FROM THREE TO TWO
THROUGH LANES BETWEEN SE 10TH STREET AND
GEORGE BUSH BOULEVARD.
(The official copy of Resolution No. 65-07 is on file in the City Clerk's
office.)
Brian Shutt, Assistant City Attorney, stated the City of Delray Beach is
applying for a permit from FDOT (Florida Deparhnent of Transportation) to reduce the
lanes from three lanes to two lanes between George Bush Boulevard and S.E. 10`h Street.
He stated in order to do that FDOT is requesting the City Commission to adopt a
resolution that says if the barriers do not work we will remove the temporary barriers.
Mr. McDuffie asked if there is a time limit on this. In response, Mr. Shutt
stated he believes that Engineering is hoping that once they do the temporary barrier then
we will go straight into a full barrier and after that the traffic studies will come out
favorable.
Mr. Eliopoulos asked about the timeframe on the temporary bamer.
Richazd Hasko, Director of Environmental Services, stated he is not sure
of the exact timeframe; however, staff wanted to try and catch season and non-season
traffic. He stated staff is looking at a minimum of between 6-9 months in order to do
that.
Mrs. Montague asked if the Community Redevelopment Agency (CRA) is
contributing some dollazs to this. Mr. Hasko stated this is essentially a CRA project.
The City Manager stated to do the entire project will cost approximately
$15-20 million.
-38-
11/06/07
Mr. Fetzer stated he would like to see what this looks like before he
supports this resolution. The City Manager stated like in some construction projects it
looks like apre-cast rectangulaz concrete about 8 inches tall and things are driven through
them to hold them in place. The City Manager stated these aze not very attractive but the
option was doing that or doing a zillion of these plastic things that stick up about 3 feet.
Mr. McDuffie stated he has been against this for yeazs and the only reason
he would support it would be that someone proves to him that he is wrong.
The City Manager stated this resolution does not commit the City to doing
this but it is just informing FDOT that if we do it then we will take it out when the
experiment is over. He stated at some point the City will have a bid and prior to that he
can get Mr. Fetzer some photographs to review.
Mrs. Montague moved approve Resolution No. 65-07, seconded by Mr.
Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr.
McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said
motion passed with a 5 to 0 vote.
9.J. APPOINTMENT TO THE DELRAY BEACH HOUSING
AUTHORITY: Appoint one (1) regular member to the Delray Beach Housing Authority
for a four (4) yeaz term ending October 27, 2011. Based upon the rotation system, the
appointment will be made by Mayor Ellis (Seat #5).
Mayor Ellis stated she wished to appoint Chistel Silver as a regulaz
member to the Delray Beach Housing Authority for a four (4) yeaz term ending October
27, 2011. Mrs. Montague so moved, seconded by Mr. Fetzer. Upon roll call the
Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis
-Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote.
9_K APPOINTMENT TO THE NEIGHBORHOOD ADVISORY
COUNCIL: Appoint one (1) At Large Representative to the Neighborhood Advisory
Council to serve a three (3) year term ending August 31, 2010. Based upon the rotation
system, the appointment will be made by Commissioner Fetzer (Seat #2).
Mr. Fetzer moved to reappoint Pamela Williams as an At Lazge
Representative to the Neighborhood Advisory Council to serve a three (3) year term
ending August 31, 2010, seconded by Mr. McDuffie. Upon roll call the Commission
voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr.
Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote.
9_L. GUARANTEED MAXIMUM PRICE (GMPI/SEACREST SOCCER
COMPLEX/WEITZ COMPANY: Provide direction and approval regarding the
Guazanteed Maximum Price (GMP) in the amount of $2,999,723.00 to the Weitz
Company for the construction activities associated with the Seacrest Soccer Complex
Project.
-39-
11/06/07
ltichazd Hasko, Director of Environmental Services, stated this is a
proposed addendum to the existing contract that the City has with Weitz Construction for
the Seacrest Soccer Complex. He stated the contract the City currently has takes us
through the pre-construction stage of the CM at Risk method and staff now has the
Guaranteed Maximum Price (GMP) in the amount of $2,999,723.00. Mr. Hasko stated
the proposal before the Commission is for approval of the Guazanteed Maximum Price
(GMP) and authorize staff to start the actual project.
Mr. McDuffie asked what staff budgeted for this project. In response, the
City Manager stated staff budgeted approximately half this amount. The City Manager
stated when staff did the bond issue they anticipated that it would end up in this ballpazk
and had $1.6 million in a contingency fund to cover this.
Mr. Eliopoulos inquired about the revised drawings that this is based on.
Mr. Hasko stated it is the same plans but we removed the second floor from the building
and shifted the building on the site so that the second floor with an elevator and staircase
could be added on at some point in time in the future. Mr. Eliopoulos asked the City
Manager to see if staff could contact Palm Beach County because he believes Palm
Beach County Commissioner Mary McCarty has stated that there are some monies
available within her budget.
Mrs. Montague moved to approve the Guazanteed Maximum Price (GMP)
in the amount of $2,999,723.00 to the Weitz Company for the construction activities
associated with the Seacrest Soccer Complex Project, seconded by Mr. McDuffie. Upon
roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr.
Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 5
to 0 vote.
At this point, the Commission moved to Item 13, Comments and
Inquiries on Non-Agenda Items from the City Manager and the Public.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager
The City Manager stated when he responded to Mr. Halberg's public
records request he did inform Mr. Halberg that by faz most of the complaints received
were verbal.
13.B. City Attorney
The City Attorney had no comments or inquiries on non-agenda items.
-40-
11/06/07
13.C. City Commission
13.C.1. Mr. Fetzer
Mr. Fetzer stated he was on a combined business/pleasure trip and he is
glad to be back. He stated he watched the Commission on video streaming and was very
proud of everyone.
13.C.2. Mr. Eliopoulos
Mr. Eliopoulos announced that the Planning and Zoning Department will
be having a Workshop on Monday, November 12, 2007 at the Community Center at 6:00
p.m. regazding the historic guidelines.
Secondly, he stated he saw the City Manager at the Chris Evert Celebrity
Tennis Tournament this weekend. Mr. Eliopoulos stated the event was very entertaining
and the weather was great.
He stated the Commission received an email from an individual
complaining about neighbors who were involved in a potential drug deal. Mr. Eliopoulos
asked the City Manager to follow up with the Police Chief regarding this issue. The City
Manager stated the location is in the new part of Sabal Lakes.
Mr. Eliopoulos asked the City Attorney about the status of the Community
Redevelopment Agency (CRA) and the Library. The City Attomey stated with regazd to
the Chamber of Commerce Relocation Agreement, the CRA had a meeting today and she
believes the intent was to finalize their Purchase and Sale Agreement with the Carbone
group although she does not know what the outcome was of that meeting. The City
Attomey stated she has not seen their latest agreement and the Chamber Relocation
Agreement is mentioned in the Purchase and Sale Agreement and it states that during the
due diligence or inspection period that the City will have this Relocation Agreement. She
stated she would like to make sure the Letter of Credit is still sufficient to cover the
number of pazking spaces. The CRA lawyers aze working on the Property Transfer
Agreements from the City of Delray Beach to the CRA. The City Attomey stated with
regazd to the Old School Squaze Garage, staff has met with Mitch Kirschner's group and
their engineers have been out to look at the site. The City Attorney stated staff originally
thought that the Chamber might be relocated on the western four bays; however, because
of a floor differential Kings might want all the bays on N.E. 15` Street including a portion
of that corner but retaining approximately 6,000 squaze feet for the Chamber which
would be located on Pineapple Grove Way. Staff has condominium documents prepazed
and ready to share with the Kings group and get their feedback. The City Attorney stated
staff expects the legal descriptions to be forthcoming. She stated there aze issues with
regard to compactors, dumpsters, venting, etc. that needs to be worked out and reiterated
that Kings really wants the entire site if possible.
-41-
11/06/07
13.C.3. Mr. McDuffie
Mr. McDuffie stated he rode with the Fire-Rescue Department into the
neighborhoods on Halloween to distribute candy to the kids. He stated they wound up
getting re-routed soon after they got started to someone who tried to eliminate one of the
trees on Lake Ida Road. Mr. McDuffie stated he not only got to ride in a fire truck but he
also got an up close and personal view of a very serious traffic accident and how the
police and fire handled the situation. He stated it was a very interesting evening to watch
the police and fire work together and ultimately transport a rather unwilling victim to the
hospital. Mr. McDuffie stated it was done in a very professional manner. Mr. McDuffie
expressed concern over the Delray Lakes neighborhood and stated there were vehicles
pazked on both sides of the road and had there been an emergency they or anyone could
not of gotten fire apparatus in the development (particulazly in the back of the
community). He stated the fire-rescue unit had to stop several times and the Lieutenant
who was riding in the passenger seat had to get out and direct the driver very slowly
through the neighborhood.
Secondly, he stated he and his wife attended the Chris Evert Celebrity
Tennis Tournament and met Commissioner Fetzer at the reception on Friday night. Mr.
McDuffie stated it was very nice evening. Mr. McDuffie stated they also attended the
Gala and noted that Nancy Stewart met Stone Phillips. Mr. McDuffie stated the Gala was
impeccable and noted the auction (silent and live) raised a tremendous amount of money.
He stated there was an accounting of what they had raised to date which was $15.6
million. Mr. McDuffie stated it was for a great cause and he had a wonderful time. He
stated they had terrific things to say about the tennis center and the staff. Mr. McDuffie
stated it was a pleasant night to be a representative of the City of Delray Beach.
13.C.4. Mrs. Montague
Mrs. Montague inquired if there has a strategy plan for green buildings
built into the Capital Improvement Plan. The City Manager stated there is nothing built
in and as Mr. Hasko mentioned the City is looking at Fire Station #4 and believes we can
get it certified and is also looking at the Environmental Services building. He stated there
were things put into those buildings for energy savings just to save money on operating
costs. The City Manager stated as far as building regulations this is being dealt with at a
State level and the City is no longer allowed to amend the building code without going
through the State. Therefore, the City Manager stated the State is looking at Building
Code amendments from a green perspective.
13.C.5. Mavor Ellis
Mayor Ellis stated over the last couple of weeks she has heazd from at
least a half a dozen people who aze interested in working on green initiatives for the City.
She commented about publications about things that are being done in other cities that aze
green initiatives. She stated some of them are really good ideas and some are really
temble ideas. Mayor Ellis suggested to the City Manager that the City create a Task
-42-
11/06/07
Force to be made up of people who are interested in green building and who have basic
knowledge of it. She stated staff can bring some reality to the imagination of people that
envision more than we can actually accomplish. Mayor Ellis stated she would like to see
this placed on a Workshop Meeting to get the input of the Commission. Mayor Ellis
urged the City Manager to take a quick re-check with the departments and deparhnent
heads to make sure we aze doing these things. Mayor Ellis commented about the light
bulbs and stated there aze a lot of things that cost very little money and the payback
comes in energy savings and conservation.
Secondly, she stated she received the flu shot today and reminded
everyone to get theirs.
Mayor Ellis reminded everyone of the Open House at Fire Station #4
(temporary quarters) on Saturday, November 10, 2007.
She stated she spent a week at her lake house and it rained continually.
Mayor Ellis commented about the recent rain and wind we experienced
and stated the City lost a lifeguard tower due to the weather conditions.
There being no further business, Mayor Ellis declared the meeting
adjourned at 10:26 p.m.
ATTE
`~0~~ ~~
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 November 6, 2007, which Minutes were formally approved and adopted by the City
Commission On December 11, 2007
~. ~L~,:~
City Clerk
-43-
11/06/07
NOTE TO READER:
If the Minutes you have received aze not completed as indicated above, this means they
aze 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.
-44-
11/06/07
FORM 8B MEA
COUNTY, MUNICIP
LAST NAME-FIRST NM1E--MIODLE NAME
Eliopoulos, Gary P.
auNC Anortess
205 George Bush Boulevard
CIiY
November 6, 2007
ANDUM OF VOTING CONFLICT FOR
AND OTHER LOCAL-PUBLIC OFFICERS
NAME OF 90MD, COUNCa, COMMISSION, At1TF10RnY, OR COMMITTEE
Delray Beach'City Commission
THEBOARD; GOUNpL; COMh
WHICH I SERVE tS A UNIT OF:
COUNTY
33444 Palm Beach -
~~
AUTHORITYORCOMMITTEE ON
WHO MUST FILE FORM 86
This form is for use by any person serving at the county, ftiry, or other local level of govemment on an appointed or elected board, coundi,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies. who are-presented withayoting
conflict of interest under Section 112.3143, Florida Statutes. -
Your responsibilities under the law when. faced with voting on a measure in which you have a conflict of interest witl varygreatly depending
on whether you hold ah elective or appointive position. For this reason, please pay Gose attention to the instnrctions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIbA STATUTES
A person twlding elective or appoingve county, municipal, or otherlocal public office MUST ABSTAIN from voting on a measure which
' tyres to his or her special private gainor loss. Each elected orappointed Ideal-officer also isprohibited #rom Knowingly voting on a mea-
ure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
arent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and o~cers of independent special tax districts elected on a on~acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-iMaw,
mothertiMaw, son-iMaw, and daughter-in-law. A'business associate' means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in fhe situations described above, you otherwise may participate in these matters. However, you
must discose the nature o(lhe conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
= YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
AKEN:
• You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
O COUMY
E POLfTICAL SUBOMSNMI
CE FORM BR-EFF. 1!2000 ITEM $.Q = ITEM 9.A. A. PAGE1
APPOIN~'ED+DFFICERS(continuedj
• Pi copy of ilia (ortt~ rrrusf be provided irnmediately,tdihe otitw momltefs of the agency-
• The farts must be read putilidy at,the next meeting after tlteiatm is fled.
IF YOU MA1ffiNO:ATTEMPT TO INFLWENCE THEOECISION EXCEPT BY DISCUSSION AT THE MEETING: -
• You must discb;e atallythe nature of your cgnflid in the measure before partiapating.. „
_. _
• You must complete the forth and file it`witltiri 15 days after the vote occurs with the: persdrt responsible for recording ttte~m)nutes ofth9
meeting; who mustklcorporate the form in the minutes. A copy4f the forth must be provided immediately to the other members of ttre
agency, and Ure form must tie read publrdy at the neM meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S. INTEREST
I Gary P. Eliopoulos ,herebydisdosethaton November 6, ,2g 07 ;
(a) A lireasure: came or will Dome before my agency which (checfr one)
_ inured to my special private gain w bss;
inureG~t3tffe'specialgain~orloss-'bfmytwsinessasseciate, K+,pjt, F.lfinnni~loc Architects. P:A..
_ irwretl'to the specal gain or bss of my relative, - - ; . >
inured to tfie spedaf gain w'bss of . by
whom 1 am retained; w
inured to tt]e<~specialygain er.loss-of ~' ~ ~ "" which
<.. ..
is the parent organization or subsidiary. of a principal which has retained me.
(tr) The measuro.befare mg;agency and: the nature ofmy conflicting interest.in the measure is as follows: --. ~ - ~~
a:.
ti.. ~.i._. _ _.
November 6, 2007 _~ _~
Date Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,.
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVII PFNAI TY NOT TO EXCEED $10.000:
CE FORM 80 - EFF. 1/2000 PAGE 2
FORM 8B MEMO
COUNTY, MUNICIPAL
LAST NAME~IRST NMIE-MIDDLE NAME
Eliopoulos, Gary P.
HUNG ADDRESS
205 Georee Bush Boulevard
ANDUM OF VOTING CONFLICT FOR
AND OTHER,LOCAL PUBLIC OFFICERS
NAME OF t1oAR0, couNCIL. COMMISSION. AUrHORfTY, OR COLIMITfEE
Delray Seach'GiEy Commission
COUNLY
Palm Beach
GATE ON WHICH 1fOTE OCCURRED.
WHICH I SERVE LS AUtNT OF:
CftY DCOIMTY OOTHER LOCAL AGFIlC'.
NMAE.OF POIItiCNLSyaDINISIOtt
S7. F1fCTNE ll APPOINlNE
WHO MUST FILE FORM 86
This form is for use by any person serving at the county, dty, or other local level of govemment on an appointed or elected board, coundl,
commission, auttwdty, or committee. It applies equally to members of advisory and nonadvisory bodies who are presented with a voting
conflict of Interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which yoLthave a conflict of interest .will varygreatiy. depending
on whether you hold an elective or appointive position. For this reason, please pay dose attention to the instructions on this form before
completing the reverse side and filing the form. - - -
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112:3143; FLORIDA STATUTES
A person holding elective or appointive county, munidpal, or other-local public office MUST ABSTAIN from voting on a measure which
tyres to his or her spedal private gain~oc loss. Eadr elected. or appointed localofflcer also is-prohibited fromknowingly voting on amea-
ure which inures to the spedal gain or toss of a prindpal (other than a government agency) by whom he or she is retained (inducting the
arent organization or subsidiary of a corporate prindpal by which he or she is retained); to the spedal private gain or loss of a relative; or
to the spedal pdvate gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent spedal tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
cepadty.
For purposes of this law, a "relative" indudes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-iMaw,
mothertiMaw, son-in-law, and daughter-in-law. A "business assocate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, ceowner of properly, or corporate shareholder (where the shares of the corporation
'are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disdose the conflict:
PRIOR TO THE VOTE BEING TAKEN by pubiidy staling fo the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may partidpate in these matters. However, you
must disdose the nature of the conflict before making any attempt to influence the dedsion, whether orally or in writing and whether made
by you oral your direction.
= YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
AKEN:
• You must complete and file this form (before making any attempt to influence the dedsion) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 8R - EFF. 1!2000
ITEM 9.A.
PAGE t
APPOINTED OFFICERS (continued]
• A Dopy of Ifie faffi atrrst tie' provided immediately-to the other members of the' agency..
• The torte mtuYbe read, publicly at,the next meeflng-after the form is filed.
IFYOU MAKfiNO°ATTEMPT TO INFUJENCE THEDECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disGo;e orally the nature of your ognflid in the measU(e before panicipatlng. ,,
-_.. _.. ,
• You must complete the farm and file it'within 1~ days after the vote occurs with the`persdrt responsible far recording the'minutes of tlag`
meeting: wfw must Incorporate-the form in fire minutes: A rppyof the form must be provided immediately to the other members of fhe
agency, and the form must be read puMidy at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I Gary P . Eliopoulos , hereby disGose 1F~at on , 20
(a) A measure CeMeOr will"come before my agency which (r3re6k one)
inured to my special pdvate gain or bss;
-_X7E inured to~ttre~~spedalgainorloss~'bfmybusinessassaciate,~utijrr Flfinnrn,lnc Architects P.A:.
_ inured to the spedal gain or loss of my relative, -
inured to fhe spedafgain or'loss of • by
whom I am retained; or
_ inured,t9.Uta5,peciaigainor,los5~of _.. .. .which
. „ .W,
is the parent organization or subsidiary.of a principal which has retained me.
(b)-.The measUrebefore myagensy anddhe,natureotmy conflicting interest in the measure is as follows: _
November 6, 2007 _
Date Filed Si na
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10.000. __
CE FORM 88 - EFF. 112000 PAGE 2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUESTS FOR BLOCK 69 OFFICE BUILDING
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. The waiver requests have come before the City Commission on
November 6, 2007.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver requests for the Block 69
Office Building. All of the evidence is a part of the record in this case. Required
findings are made in accordance with Subsection I.
1. WAIVER:
Pursuant to LDR Section 4.6.14(A)(1), "Visibility at Intersections", a twenty foot (20') sight
visibility triangle shall be provided where an accessway intersects a public right-of-way. The
Applicant seeks a waiver to reduce the site visibility triangle to five feet, six inches (5'6") where
the parking backs out onto the easUwest alleyway.
Pursuant to LDR Section 4.6.14(A)(1), "Visibility at Intersections", a twenty foot (20') sight
visibility triangle shall be provided where an accessway intersects a public right-of-way. The
Applicant seeks a waiver to reduce the site visibility triangle to sixteen feet, four inches (16'4")
at the intersection of the alleyways, located at the southwest corner of the subject properly.
Pursuant to LDR Section 4.6.9(D)(11)(f), "Mechanical Parking Lifts", new development which
proposes the use of mechanical parking lifts as part of the required parking, shall provide the
balance of the total required non-residential parking requirement, as "self-park" spaces. The
required amount of self-park spaces is fifteen. The applicant is providing eleven and seeks a
waiver for the remaining 4 spaces.
Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body
shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver would
be granted under similar circumstances on other property for another applicant
or owner.
Would the waiver of Section 4.6.14(A)(1) to reduce the site visibility triangle to 5'6"
comply with the requirements of 2.4.7(8)(5)? _
Yes 4 No 0 llll~-Io"I~
SCANNED
I~p-~ q. A
Would the waiver of Section 4.6.14(A)(1) to reduce the site visibility triangle to 16'4"
comply with the requirements of 2.4.7(8)(5)?
Yes 4 No 0
Would the waiver of Section 4.6.9(D)(11)(f) to reduce the reduce the required amount
of self-park spaces from 15 to 11 comply with the requirements of 2.4.7(8)(5)?
Yes 4 No 0
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original development application was
submitted and finds that its determinations set forth in this Order are. consistent with the
Comprehensive Plan.
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. 5. Based on the entire record before it, the City Commission approves
or denies the waiver requests as follows:
LDR Section Approve Deny
4.6.14.(A)(1) as to 5'6" X
4.6.14(A)(1) as to 16'4" X
4.6.9 (D)(11)(f) X
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 6~' day of November, 2007, by a vote of 4 in favor and 0
opposed.
Rit Ellis, Mayor
2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
• • ST NI1ME-FIRST W1ME-MIDDLE NAME
liogoulos, Gary P. NPDAE OF BOARD. COl1NG1. COMMISSION, AUi}10RI'fY.OR COMI,In'fEE
Delray Beach City Commission
LUNG ADDRESS
z05 George Bush Boulevard THE.BOARD; 00SINOIL. COMMISSION. AUff10RITY OR COMMITf¢ON
wwcNlsEavEtsnuNmoF:
CfTY ~ COUNIY CfTY. OCOUNTY OOTHEfi LOCALAGENCY
Defray .Beach, P~orida: 33444 Palm Beach wur~aFPgLmca.sueonnsloct:
txrE txt wtacN vole OCCIAtREO
November '6, 2007 MrroslrloNls:
-
i;t. F1ECTIVE ^
MPOININE.
WHO MUST FILE FORM 86
This forth is for use by airy person serving at the wunty, dty, or other local level of govemment on an appointed or elected board, counal,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies. who are presented with a voting.-
conflid ofinterest under Section 112.3143, Florida Statutes.
Your responsibilities;under thelaw when faced with voting on a measure in which you. have acenflid of interest wilt varygreattydepending.
on whether you Hold an elective or appointive position: For this reason, please pay cbse attention to the instructions on this form before
completing the reverse side and filing the form. ~ -
INSTRUCTIONS fOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person hdding elective or appointive county, munidpal, or other~kxal public office MUST ABSTAIN from voting on a measure which
urea to hls or her special private gain-or lose: Each elected or appointed aocalofficer also isprohibitedfromkndwingly voting on a rhea-
ve which inures to the spedal gain or loss of a pnndpal (other than a govemment agency) by whom he or she is retained (inducting the
gent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the spedal private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
ppacity.
For purposes of this law, a'relative" includes only the officers father, mother, son, daughter, husband, wife, brother, sister, fatheNn-law,
mother-in-law, son-in-law, and daughter-in-law. A'business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, ooowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disdose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publidy stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER~THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disdose the nature of the conflict before making any attempt to influence the dedsion, whether orally or in writing and whether made
y you or at your direction.
= YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
. AKEN_
• You must complete and file this form (before making any attempt to influence the dedsion) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) ,
CE FORM 88 - EFF. 1/2000 ITEM 9 . B . PAGE 1
APPOINTED OFFICERS (continued
• A Dopy of the f6fM intut tie proviied immediately-td the other members of the agency.
• The font must be read pubGdy al.the next meefirig after the form is filed.
IF YOU MAKE NO.ATTEMPT TO INFLUENCE.THEDECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must digclose orafiythe nature of your tgnflid in the measure before parfidpafing: ,,
• You must complete the faun and fiM k within ~5' days afterthe vote ocwrs with thq`person resperisible for recording the'mirtutes oflhe `
meefing;who must incorporele the form in the minutes: A copy: of fhe form must be provided immediately to the other members of the
agency, and the form must be read, publicly at the next meefing after the forth is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I Gary P. Eliopoulos ,herebydisGosethaton November 6, ,pg07
(a) A Measure. came or wilfcome before my agency ~Nhich (check Ohe)
_ inured to my special pdvate gain or bss;
., -. ,
~(SE Imaedtotltespedalgainorbis'ofmybusinessassodate, lrtlpi' a F.1inppnlos ArchitecEs. P.A
_ inured to the special gain or loss of my relagve, -
inured to the spedaf gain orbss of , by
.whom 1 am retained; or
inured~tq tfte ai ain of lossa( ~ - ~ - ,winch
is the parent organization or subsidiary.of apdncipal which has retained me.
(b)Ttre.measurgbaforemy~agencyandlhenatureofmyconflictinginterestinthemeasureisasfollows: '-~ --`-
November 6. 2007 _ ~
Oate Filed e
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:. IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PFNAI TY NOT TO EXCEED $10.000.
CE FORM 88 - EFF. 1/2000 PAGE 2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
PUBLIC PARKING FEE REQUEST FOR BLOCK 69 OFFICE BUILDING
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This public parking fee request has come before the City Commission on
November 6, 2007.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the public parking fee request for the
Block 69 Office Building. All of the evidence is a part of the record in this case.
Required findings are made in accordance with Subsection I.
I. PUBLIC PARKING FEE:
Pursuant to LDR Section 4.6.9(E)(4), when parking requirements are applied to new
development, in-fill development, from a change of use, or adding floor space to an
existing building; the City Commission may approve the payment of a fee towards the
construction of a public parking structure in-lieu of providing such required parking on-
site.
Does the Public Parking Fee request meet the requirements of LDR Section 4.6.9(E)(4)
and the conditions, if any, listed below?
4 spaces x $18 000 = $72 000 payable in full at building permit's issuance
Yes 4 No 0
3. The City Commission hereby finds that the Public Parking Fee Request
meets the requirements of 4.6.9(E)(4) 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.
II I131o'1
1 SCANNED
P,I'dl ~ - d I..c~ ~
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 public parking fee request as set forth above.
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 6"' day of November, 2007, by a vote of 4 in favor and 0
opposed.
ATTEST: Rita Ellis, Mayor
~~~~ ~. ~ ~
Chevelle Nubin, City Clerk
2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR MODERN CHIROPRACTIC
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. These waiver requests have come before the City Commission on
November 6, 2007 when applicant seeks to extend sign into adjacent bay.
2. The Applicant and City staff presented documentary evidence ahd
testimony to the City Commission pertaining to the waiver request for Modem
Chiropractic. All of the evidence is a part of the record in this case. Required findings
are made in accordance with Subsection I.
I. WAIVER:
LDR Section 4.6.7(J)(2) provides that signs placed on property other than the location
that is advertised, is considered an off-premise sign, and therefore, prohibited. The
Applicant has requested a waiver from this requirement.
Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body
shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver would
be granted under similar circumstances on other property for another applicant
or owner.
Does the waiver request meet all the requirements of 2.4.7(6)(5) and the conditions, if
any, listed below?
Subject to aaproval of tenant/management
Yes 5 No 0
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original development application s t!
SCANI3~oy
~ NED
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
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 waiver request to LDR Section 4.6.7(J)(2).
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 6~' day of November, 2007, by a vote of 5 in favor and 0
opposed.
ATTEST: Rita Ellis, Mayor
2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUESTS FOR ALTA CONGRESS
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. The waiver requests have come before the City Commission on
November 6, 2007.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver requests for the Alta
Congress Project. All of the evidence is a part of the record in this case. Required
findings are made in accordance with Subsection I.
I. WAIVER:
Pursuant to LDR Section 4.7.9(c)(i), the total number of one bedroom units in any qualifying
project shall not exceed 30% of the total number of units in the project, including both
family/workforce units and market rate units. The development proposal consists of 230 one
bedroom units or 50.9% of the 451 total number units. The applicant has submitted a waiver
request to exceed the maximum number of one bedroom units.
Pursuant to LDR Section 4.6.9(D)(4)(d), the standard aisle width is 24 feet for normal traffic flow
with perpendicular parking. The maximum aisle width is 26 feet. The minimum aisle width for
two way traffic flow is 20 feet but this dimension can only be used for short distances where
there are no parking spaces entering herein. The proposed drive aisle along the south side of
the property is 20 feet wide for approximately 270 feet. The applicant has requested a waiver
from this requirement.
Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body
shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver would
be granted under similar circumstances on other property for another applicant
or owner.
Would the waiver of Section 4.7.9(c)(i) comply with the requirements of 2.4.7(8)(5)?
Yes 5 No 0
Would the waiver of Section 4.6.9(D)(4)(d) comply with the requirements of 2.4.7(8)(5)?
11Ii3Io~ ~
1 SCANNED
Yes 0 No 5
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original development application was
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
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. 5. Based on the entire record before it, the City Commission approves
or denies the waiver requests as follows:
LDR Section Approve Deny
4.7.9.(c)(i) X
4.6.9(D)(4)(d) X
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 6~h day of November, 2007, by a vote of 5 in favor and 0
opposed.
TTEST: ita Ellis, Mayor
2