11-20-07 Minutes RegNOVEMBER 20.2007
A Regulaz Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Vice Mayor Fetzer in the Commission Chambers at City
Hall at 6:04 p.m., Tuesday, November 20, 2007.
1. Roll call showed:
Present - Commissioner Gary Eliopoulos
Commissioner Fred Fetzer
Commissioner Woodie McDuffie
Commissioner Brenda Montague
Absent - Mayor Rita Ellis
Also present were - David T. Hazden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Terrill Barton, Assistant City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Reverend Kathleen Gannon of St.
Paul's Episcopal Church.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
At this point, Vice Mayor Fetzer stated he is present in place of Mayor
Ellis and informed everyone that Mayor Ellis was involved in an automobile accident
earlier this week. Mr. Fetzer stated someone appazently ran a red light and hit her. She
suffered a concussion and a lot of bruises and is now home and recovering very well.
Vice Mayor Fetzer asked everyone to keep Mayor Ellis in their prayers and she hopes to
be back very soon.
4. AGENDA APPROVAL.
Vice Mayor Fetzer stated there is a correction to Item 8.U.3. and it should
read contract awazd to BG Group, LLC and funding is available from CDBG Sub-Grant
Agreement No. 07DB-3V-10-60-O1-Z07.
Also, Vice Mayor Fetzer stated there is an AppeaUSite Plan Review and
Appeazance Board Actions for Mid-Town Delray that was added to the Agenda by
addendum.
11/20/07
The City Attorney stated Item 10.A. and Item 10.A.1. deals with the
Midtown Project and also deals with the appeal. She stated there has been a request to
postpone that to December 4, 2007 and that will come before the Commission as the
caption is read. The City Attorney stated the other postponements aze Item 10.C. that
deals with the Old School Square Historic Arts District (Ordinance No. 31-07) to
Febrnary 19, 2008. The City Attorney stated Item 10.D., Ordinance No. 22-07 has been
advertised appropriately but she just wanted to make sure that the Agenda properly
reflects sub-items under text amendments (roman numeral vi, vii, viii and ix). The City
Attorney stated there has been a request to postpone Item 10.E., Ordinance No. 55-07
(First Reading/First Public Hearing) to December 4, 2007 as the Planning and Zoning
Boazd tabled this item until their December 3, 2007 meeting.
The City Attorney requested that Item 8.0., Encroachment
Aereement/Fence Installation AQreement/Roval Atlantic/Bob Federsaiel Garage be
moved from the Consent Agenda to the Regular Agenda as Item 9.A.A.
Mr. McDuffie moved to approve the Agenda as amended, seconded by
Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes;
Mr. Eliopoulos -Yes; Vice Mayor Fetzer -Yes; Mr. McDuffie -Yes. Said motion
passed with a 4 to 0 vote.
5. APPROVAL OF MINUTES:
Mrs. Montague moved to approve the Minutes of the Workshop Meeting
of November 13, 2007, seconded by Mr. Eliopoulos. Upon roll call the Commission
voted as follows: Mr. Eliopoulos -Yes; Vice Mayor Fetzer -Yes; Mr. McDuffie -Yes;
Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote.
6. PROCLAMATIONS:
6_A. NONE
7. PRESENTATIONS:
7_A. Florida Deaartment of Transportation (FOOT) Proiect Engineer
Eiseman and Russo on the progress of SR A-1-A RRR Proiect
Randal I{rejcazek, City Engineer, introduced James (Sandy) Daniel,
Project Engineer with Eiseman and Russo for the A-1-A RRR Project.
Sandie Daniel, Project Engineer with Eiseman and Russo, briefly updated
the Commission on the status of the SR A-1-A RRR Project and what will be happening
in the neaz future. Mr. Daniel stated they have been handling the A-1-A comdor for
Florida Department of Transportation (FOOT) from the Palm Beach County line north to -'
the Town of Palm Beach. He stated they started in May/June 2007 through Delray Beach
and they will be restricting their operations from this point forward until after season is
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over. Mr. Daniels stated the work adjacent to the beach and the pazking azeas is being
paved and should be completed tomorrow. He stated on the comer of Atlantic and A-1-A
and that should be completed azound Tuesday or Wednesday of next week and then they
will be out of there until after season as well. The area from Linton Boulevard north
where the widening has started is going to be left as it is until after Easter. Mr. Daniel
thanked Randal Krejcarek, the Engineering Department and the Public Works Division
for being so helpful with the utility relocations and getting things out of the way. Mr.
Daniel left business cards with the City Clerk for the Commission for contact purposes.
Mrs. Montague asked when work would resume. In response, Mr. Daniel
stated work will resume right after Easter.
7.B. Government Finance Officers Association Certificate of
Achievement for Excellence in Financial Reportin¢
Vice Mayor Fetzer read the following statement into the record: "The
Certificate of Achievement for Excellence in Financial Reporting has been awarded to
the City of Delray Beach for the Government Finance Officers Association for the United
States and Canada for its Comprehensive Annual Financial Report (CAFR). The
Certificate of Achievement is the highest form of recognition in the azea of governmental
accounting and financial reporting and its attainrnent represents a significant
accomplishment by a government and its management. An awazd of financial reporting
achievement has been awarded to an individual or departmental agency designated by the
government as primarily responsible for preparing this report." Vice Mayor Fetzer stated
this has been presented to Milena L. Walinski, CGFO, Assistant Finance Director and the
CAFR has been judged by an impartial panel to meet the high standards of the program
including demonstrating a constructive spirit of full disclosure to cleazly communicate its
financial story and motivate potential users and user groups to read the CAFR. This is a
non-profit professional association serving approximately 16,000 government finance
professionals with offices in Chicago and Washington, D.C.
Joseph Safford, Finance Director, stated this is the annual financial report
of the City of Delray Beach and the Finance Department has received this Certificate of
Achievement for Excellence in Financial Reporting from this national organization for 24
consecutive years. He stated the reason that it is important is because it shows third
parties that the Finance Department follows all the standards that aze established by the
Government Finance Officers Association and its related agencies. For example, Mr.
Safford stated the City Manager, City Commission, Bond holders, Bond rating agencies,
the City's external auditors can rely on the City's report that it is accurate and that it
follows the standards of this organization. Mr. Safford, on behalf of the Finance
Department, thanked the City Commission.
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. ACCEPTANCE OF A RIGHT-OF-WAY DEED/SIDEWALK
EASEMENT AND SIDEWALK DEFERRAL REQUEST/1015 NASSAU STREET:
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Approve and accept aright-of--way deed fora 5.6 foot right-of--way, a 5 foot sidewalk
easement and a sidewalk deferral request for 1015 Nassau Street, located within the
Nassau Street Historic District.
8_B. PALM BEACH COUNTY EMERGENCY MEDICAL SERVICES
GRANT: Approve and accept the Palm Beach County Emergency Medical Services
(EMS) Grant in the amount of $46,340.000 from the EMS County Grant Award; and
authorize staff to submit a letter of confirmation to the Palm Beach County Division of
Emergency Management to officially accept the grant award and the State and County
grant requirements.
8_C. AGREEMENT/GULFSTREAM GOODWILL INDUSTRIES:
Approve an agreement between the City and Gulfstream Goodwill Industries for funding
and acceptance of funds in the amount of $70,730.00 to provide services to ex-offenders
returning to targeted neighborhoods within the City of Delray Beach.
8_D. POLICE AND FIRE COMMUNICATIONS AGREEMENT/TOWN
OF GULF STREAM, FLORIDA: Approve a Police and Fire Communications
Agreement between the City and the Town of Gulf Stream, Florida in the amount of
$42,970.00 per yeaz for the use of the Delray Beach Police Department's police and fire
dispatching and communications services.
8_E. AGREEMENT/PENN CREDIT CORPORATION: Approve an
agreement between the City and Penn Credit Corporation to provide professional
collection services for delinquent parking tickets. Penn Credit Corporation's fee will be
eighteen percent (18%) of the collections.
8_F. FIRST AMENDMENT/INTERCONNECT AGREEMENT/PALM
BEACH COUNTY: Approve an Amendment to the Interconnect Agreement between
the City and Palm Beach County that provides for an extra interconnect at Ferndale Drive
and Military Trail; revises the fees for water chazges; and revises the remedies each party
shall have against the other party.
8.G. AMENDMENT NO. 1/INTERLOCAL
AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/CLEAN AND
SAFE PROGRAM: Approve Amendment No. 1 to the Interlocal Agreement between
the City and the Community Redevelopment Agency (CRA), which modifies the
language in Paragraph Four (4) to change the date by which the City shall provide a
quarterly report to the CRA Executive Director no later than ten (10) days after the end of
each quarter.
8_H. AMENDMENT NO. 1/INTERLOCAL
AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY/CONSTRUCTION/PROFESSIONAL SERVICES: Approve Amendment
No. 1 to the Interlocal Agreement between the City and the Community Redevelopment
Agency (CRA) for funding construction/professional services for FY 2007/2008, to
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include the S.W. 12~' Avenue/Auburn Avenue Beautification Project.
8_I. AMENDMENT NO. 1/LEASE AGREEMENT FOR BOY SCOUT
HUT/PIONEER BOYS ASSOCIATION, INC.: Approve Amendment No. 1 to the
Lease Agreement between the City and the Pioneer Boys Association, Inc., providing that
the leased area only encompasses the azea directly under the Boy Scout Hut, and that the
scouts shall only be required to provide "participants insurance" as obtained through the
National Boy Scouts of America.
8_J. AMENDMENT NO. 2 TO THE BID AWARD/HATCHER
CONSTRUCTION AND DEVELOPMENT, INC./133 N.W. 5 AVENUE:
Approve Amendment No. 2 to the bid award between the City, Community
Redevelopment Agency (CRA) and Hatcher Development and Construction to provide
for exterior improvements at 133 N.W. 5`h Avenue.
8.K. WAIVER OF BID IRREGULARITY/135 N.W. 5'° AVENUE:
Approve a request to waive an irregularity in the bid process for 135 N.W. 5` Avenue, in
which an error was identified in the bid documents previously submitted by Stuart and
Shelby Development.
1. BID AWARD/STUART AND SHELBY DEVELOPMENT:
Approve a bid awazd to Stuart and Shelby Development in the
amount of $554,323.00 for the rehabilitation of 135 N.W. Sa'
Avenue. Funding is available from 118-1930-554-49.19
(Community Development Fund/Housing Rehabilitation).
8.L. HOUSING REHABILITATION GRANT/CONTRACT AWARD:
Approve one (1) Housing Rehabilitation grant/contract award through the Community
Development Division in the amount of $36,524.25 to South Florida Construction
Services. Funding is available from 118-1924-554-49.19 (State Housing Initiatives
Partnership (SHIP) Program/Housing Rehabilitation).
8.M. SUB-RECIPIENT AGREEMENT/COMMUNITY LAND TRUST,
INC. (CLT): Approve aSub-Recipient Agreement between the City and the Community
Land Trust, Inc. (CLT) for the purposes of subsidizing the costs associated with
affordable housing units and management of affordable rental properties with the CLT.
8_N. UPDATE THE NEIGHBORHOOD SERVICES PROGRAM
DESCRIPTION MANUAL: Approve an update to the Neighborhood Services Division
Program Description Manual, which specifies the standazd operating procedures for
Federal, State and Local programs administered under the Department of Community
Improvement, Neighborhood Services Division.
8_O. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.
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8_P. RESOLUTION NO. 67-07: Approve and adopt Resolution No. 67-07
establishing a Green Task Force.
The caption of Resolution No. 67-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH FLORIDA, CREATING
THE GREEN TASK FORCE TO MAKE
RECOMMENDATIONS TO THE CITY COMMISSION
REGARDING ENVIRONMENTAL SUSTAINABILITY;
PROVIDING AN EFFECTIVE DATE.
(The official copy of Resolution No. 67-07 is on file in the City Clerk's
office.)
8~. SPECIAL EVENT REOUEST/FIRST NIGHT 2008: Approve a
special event request to endorse the 10 Annual First Night 2008 event on December 31,
2007 from 4:00 p.m. to midnight, granting a temporary use permit per LDR Section
2.4.6(F) for the use and street closures of City rights-of--way and facilities as requested, to
authorize staff support for security and traffic control, signage construction and
installation, barricade set-up/removal, trash removal and clean up, EMS services, and
use/set-up of new City stage as needed at no chazge.
8.R. SERVICE AUTHORIZATION NO. O1-32/AVIROM &
ASSOCIATES, INC.: Approve Service Authorization No. 01-32 in the amount of
$16,956.00 to Avirom & Associates, Inc. for the survey on Homewood Boulevard from
the south right-of--way of Atlantic Avenue to the south right-of--way of Lowson
Boulevard. Funding is available from 334-3162-541-68.46 (General Construction
Fund/Homewood Bikepaths).
8_S. ACTUARIAL SERVICES/GABRIEL ROEDER SMITH AND
COMPANY (GRS): Consider approval of a four (4) year contract with Gabriel Roeder
Smith & Company (GRS) in the amount of $29,000.00 for actuarial services relating to
GASB 45 Other Post Employment Benefits (OPEB). Funding is available from 551-
1571-591-34.90 (Business Insurance Fund/Other Contractual Services).
8_T. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period November 5, 2007 through November 16, 2007.
8.U. AWARD OF BIDS AND CONTRACTS:
1. Purchase awazd to Duval Ford in the amount of $24,055.00 via the
Florida Sheriff s Association Contract #07-15-0827, Specification --
#1 for the purchase of one (1) 2008 Ford Crown Victoria Police
Interceptor with options and warranty for the Police Department.
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Funding is available from 501-3312-591-64.20 (Central Garage
Fund/Automotive).
2. Contract awazd to Industrial Divers Corporation in the amount of
$69,192.00 for the purchase and installation of Tide Flex Check
Valves of various sizes at eight (8) storm water outfall locations in
the Intracoastal Waterway. Funding is available from 448-5416-
538-46.90 (Stormwater Utility Fund/Other Repair/Maintenance
Costs).
3. Contract awazd to BG Group LLC in the amount of $801,436.00
for the demolition of Carver Estates. Funding is available from
CDBG Sub-Grant Agreement No. 07DB-3V-10-60-O1-Z07.
Mr. Eliopoulos moved to approve the Consent Agenda as amended,
seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Vice
Mayor Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mr. Eliopoulos -Yes.
Said motion passed with a 4 to 0 vote.
9. REGULAR AGENDA:
9.A.A. ENCROACHMENT AGREEMENT/FENCE INSTALLATION
AGREEMENT/ROYAL ATLANTIC/BOB FEDERSPIEL GARAGE: Approve an
agreement between the City and Ocean City Place, LLC providing that the City is
released from any claim regarding any issue pertaining to the encroachment of chemical
grout located adjacent to the north face of the Bob Federspiel Garage building; and
approve a fence installation agreement allowing Royal Atlantic to install at its own cost a
louvered fence on the top floor of the Bob Federspiel Gazage Building.
The City Attorney stated there aze two agreements; one is the
Encroachment Agreement and the other is a Fence Installation Agreement. Each
agreement is dependent on each other and the Encroachment Agreement deals with some
issues of grouting chemical grout on each other's property and the Royal Atlantic
property agreed to not bring any claim against the City of Delray Beach for any
encroachments that might be there during that construction. The City Attorney stated the
City did not construct the garage; however, we assumed the ownership of the gazage after
its construction. Also, the City Attomey stated the Fence Installation Agreement is
something that they want to do at the top of the Federspiel Gazage. Staff has been
working with them and from talking with one of the Commissioners today she believes
there are still some issues regarding a couple of the drawings. The City Attorney stated
staff has had indications that the plan would not affect the Core Slabs ,Inc. warranty but
staff wants to ensure the everyone is looking at the right drawings and that everyone is on
the same page about how it is going to be installed and what affect that will have.
_ The City Attorney recommended that the Commission approve the
agreements subject to the City Attomey approving the attachments and making sure the
warranty is effective.
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Mr. Eliopoulos moved to approve the Encroachment Agreement and
Fence Installation Agreement subject to the City Attorney approving the attachments and
making sure the warranty is effective, seconded by Mrs. Montague. Upon roll call the
Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mr.
Eliopoulos -Yes; Vice Mayor Fetzer -Yes. Said motion passed with a 4 to 0 vote.
9.A. AGREEMENT/DELRAY BEACH HISTORICAL SOCIETY, INC.:
Consider approval of an agreement between the City and the Delray Beach Historical
Society, Inc. for funding in an amount not to exceed $175,000.00 for the Hunt House
Rehabilitation and Construction of an Archival Storage Facility.
Terrill Barton, Assistant City Attomey, stated this is a funding agreement
where the City of Delray Beach is proposing to give the Delray Beach Historical Society
a minimum amount of $125,000.00 and a maximum amount of $175,000.00 for the
rehabilitation of the Hunt House which is a historic home that has been relocated to the
Cason Cottage property. She stated the agreement gives the Delray Beach Historical
Society approximately until November 2008 to rehabilitate the stmcture and all costs aze
on a reimbursable basis with the receipts and invoices to be turned in to the City's finance
department and reviewed before payment is made.
The City Attomey stated only those reasonable costs that aze the City's
sole discretion deemed reasonable will be reimbursed. There is an agreement that
provides for insurance and also a performance bond. Ms. Barton stated the Delray Beach
Historical Society is in the process of trying to obtain the performance bond and they
have provided the City with all insurance to date except for the builder's risk which they
are in the process of obtaining as well.
Mrs. Montague moved to approve the agreement between the City of
Delray Beach and the Delray Beach Historical Society, Inc. for funding in the amount not
to exceed $175,000.00 for the Hunt House Rehabilitation and Construction of an
Archival Storage Facility, seconded by Mr. McDuffie. Upon roll call the Commission
voted as follows: Mrs. Montague -Yes; Mr. Eliopoulos -Yes; Vice Mayor Fetzer -
Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote.
9_B. TENNIS CENTER CONSULTING AGREEMENT/JCD SPORTS
GROUP. INC.: Consider approval of a consulting agreement with JCD Sports Group,
Inc. in the amount of $125,071.20 for the period of December 1, 2007 through November
30, 2012. Funding is available from 001-4210-575-34.90 (Tennis Center Special
Events/Other Contractual Services).
Robert A. Bazcinski, Assistant City Manager, stated this is a proposed
five (5) year agreement with JCD Sports Group, Inc. for the Tennis Center Consulting
Agreement. Services provided under this agreement include pursuing and attracting
events to the Stadium, assisting in negotiating Stadium use agreements and overseeing
and managing events held at the Stadium. This is a proposed five (5) year agreement
with a fee increase for each year. Staff recommends approval.
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Mr. Eliopoulos moved to approve the Tennis Center Consulting
Agreement with JCD Sports Group, Inc. in the amount of $125,071.20 for the period of
December 1, 2007 through November 30, 2012, seconded by Mrs. Montague. Upon roll
call the Commission voted as follows: Mr. Eliopoulos -Yes; Vice Mayor Fetzer -Yes;
Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote.
9.C. DISCUSSION/2008 ANNUAL TOWN HALL MEETING: Provide
direction regazding the schedule for the 2008 Annual Town Hall Meeting.
Vice Mayor Fetzer stated the Town Hall Meeting is scheduled for
January 29, 2008, which is the Presidential Preference Primary and also the State of
Florida Reform Referendum on the latest tax bill proposal. He asked if staff is
considering changing this date.
The City Manager stated there aze several options. He stated the
Commission can leave it on this date because most likely the election returns will not
come in until it is finished anyway. Or, the Commission could cancel the meeting. Staff
looked at moving the Annual Town Hall Meeting to Thursday, January 31, 2008;
however, Old School Square is not available either on Thursday, January 31, 2008 or
Thursday, January 24, 2008. The City Manager stated Old School Squaze is available on
Wednesday, January 30, 2008 otherwise it would have to be in February and he feels that
would be late for what the City would like to accomplish.
After brief discussion, it was the consensus of the City Commission to
move the Annual Town Hall Meeting to Wednesday, January 30, 2008 and to also do the
same roundtable format as last yeaz.
Mrs. Montague stated she would like to make sure that the 2008 Annual
Town Hall Meeting is advertised as eazly as possible so that the entire community is
awaze of it and so that it will give them the opportunity to get involved this yeaz.
9_D. SETTLEMENT OFFER IN ANNA CHANDLER v. CITY OF
DELRAY BEACH ET AL: Consider a Settlement Offer in the total amount of
$200,000.00 in Anna Chandler v. City of Delray Beach, et al. Staff recommends denial
of this settlement offer.
The City Attorney stated this item and the next item deal with cases filed
regazding the activities of Linda Mazks and set forth the cause of action for negligence,
retention, and supervision. The settlement offer is a proposal of settlement in the case of
Anna Chandler and is $200,000.00. Staff recommends denial of the settlement offer.
Mrs. Montague moved to approve the settlement offer in Anna Chandler
v. City of Delray Beach, et al, seconded by Mr. McDuffie. Upon roll call the
,_ Commission voted as follows: Vice Mayor Fetzer - No; Mr. McDuffie - No; Mrs.
Montague - No; Mr. Eliopoulos - No. Said motion was DENIED with a 4 to 0 vote.
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9_E. SETTLEMENT OFFER IN WILLIAM LANAGAN v. CITY OF
DELRAY BEACH ET AL: Consider a Settlement Offer in the total amount of
$100,000.00 in William Lanagan v. City of Delray Beach, et al. Staff recommends denial
of this settlement offer.
The City Attorney stated this is a settlement offer in William Lanagan v.
City of Delray Beach, et al and there is a proposal for settlement in the amount of
$100,000.00. Staff recommends denial of the settlement offer.
Mr. Eliopoulos moved to approve the settlement offer in William Lanagan
v. City of Delray Beach, et al, seconded by Mr. McDuffie. Upon roll call the
Commission voted as follows: Mr. McDuffie - No; Mrs. Montague - No; Mr.
Eliopoulos - No; Vice Mayor Fetzer - No. Said motion was DENIED with a 4 to vote.
9_F. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT
AUTHORITY: Appoint one (1) regulaz member to the Downtown Development
Authority (DDA) to serve an unexpired term ending July 1, 2008. Based upon the
rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1).
Mr. Eliopoulos stated he would like to defer his appointment to the next
regular City Commission Meeting of December 4, 2007.
9_G. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY
COUNCIL: Appoint one (1) regular member from Zone 1 to the Neighborhood
Advisory Council to serve an unexpired term ending October 31, 2008. Based upon the
rotation system, the appointment will be made by Commissioner McDuffie (Seat #3).
Mr. McDuffie stated he would like to defer his appointment to the next
regulaz City Commission Meeting of December 4, 2007.
At this point, the time being 6:34 p.m., the Commission moved to Item
12, First Readings.
12. FIRST READINGS:
12_A. ORDINANCE NO. 56-07: An ordinance amending Chapter 32,
"Departments, Boards and Commissions", of the Code of Ordinances of the City of
Delray Beach, Florida, by amending Section 32.41, "Composition; Terms; Appointment",
to clarify the composition of the Kids and Cops Committee. If passed, a second public
hearing will be scheduled for December 4, 2007.
The caption of Ordinance No. 56-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 32, "DEPARTMENTS,
BOARDS AND COMMISSIONS", OF THE CODE OF
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ORDINANCES OF THE CITY OF DELRAY BEACH
BY AMENDING SECTION 32.41, "COMPOSITION;
TERMS; APPOINTMENT", TO CLARIFY THE
COMPOSITION OF MEMBERS ON THE KIDS AND
COPS COMMITTEE; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 56-07 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Mr. McDuffie moved to approve Ordinance No. 56-07, seconded by Mr.
Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mr.
Eliopoulos -Yes; Vice Mayor Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed
with a 4 to 0 vote.
At this point, the time being 6:36 p.m., the Commission moved to Item
13, Comments and Inquiries on Non-Agenda items from the City Commission.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS
13_A. City Manaeer
The City Manager stated staff sent flowers to Mayor Ellis this afternoon
on behalf of the City Commission. He stated Mayor Ellis called and stated she very
much appreciated the flowers and they cheered her up.
13_B. City Attorney
The City Attorney. wished everyone a "Happy Thanksgiving".
13_C. City Commission
13.C.1. Mr. McDuffie
Mr. McDuffie stated there are several activities that are going to go on in
the community over the Thanksgiving holidays. He stated he, his wife, and daughter are
going to participate in the Spady serving and fold the seats down in the expedition and
deliver meals. Mr. McDuffie encouraged the rest of the Commission if they have the
time to get involved as well. He stated there are some very wonderful things that go on
to help people less fortunate than ourselves this time of year. Mr. McDuffie stated there
are some great people who volunteer and arrange things such as this. He stated we have
wonderful people in this community who volunteer and make it work. Mr. McDuffie
feels these people should all be appreciated.
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13.C.2. Mrs. Montague
Mrs. Montague stated this week of course is all about Thanksgiving and
noted that the entire Commission has been to numerous events throughout the last 1-2
weeks. She stated she and Commissioner McDuffie were at Office Depot yesterday
morning and Office Depot has delivered 2,400 turkeys. She stated the City of Delray
Beach is proud and happy to have them consider the City as a partner in this. Mrs.
Montague stated Mary Wong oversees the entire operation and she has been doing this
for seven years and it is making a lot of families happy who otherwise would not be able
to enjoy Thanksgiving.
Secondly, Mrs. Montague stated she was a participant in the Out-of-
School Program Thanksgiving Feast which is done through the Pazks and Recreation
Department. She stated they visited three sites and she was a judge. The top participants
were the Community Center, Pompey Pazk, and Pine Grove Elementary School and Pine
Grove came in first place, the Community Center came in second place, and Pompey
Pazk came in third place. Mrs. Montague commented about the children's handmade
project and gave it to the City Clerk for Mayor Ellis. Mrs. Montague read an essay
written by one of the children.
Mrs. Montague stated there aze a number of organizations that people can
be a part of during the Thanksgiving holiday if they have some free time and noted that _
people can give the City Clerk's office a telephone call because they can provide the
public with the organizations that can use help.
13.C.3. Mr. Eliopoulos
Mr. Eliopoulos commented about the Pension Board and asked the City
Manager if we are at the point of appointing someone since the Mayor was not attending
the meetings. The City Manager stated this requires an ordinance amendment and staff
has been debating about who to put in her place.
Vice Mayor Fetzer commented that he understands that the Pension Boazd
is not governed under the same rules as some of the other City advisory boards. The City
Manager stated the Pension Board can make their own rules for the most part and noted
that there was an issue about a member being absent and they really have to make their
own rules about that. Vice Mayor Fetzer asked if the Pension Board has been advised
about that. The City Attorney stated she has talked to their lawyer and believes the
Mayor was going to talk to their lawyer as well. The City Attorney stated they were
hoping that by just contacting one of the members they would start showing up and noted
she will check on the status of this.
Mr. Eliopoulos asked what the status is for Joe Weldon's position and his
replacement. The City Manager stated the City has received numerous applicants and the
application period has closed. Staff is starting to work through those applications and
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expects at this point, because of the holidays, it will be January 2008 before an
appointment is made.
Mr. Eliopoulos commented about the City going green and distributed
some information regazding a solaz tube which is a lighting system. He stated this is a
system that basically uses natural lighting. Mr. Eliopoulos stated in the event it is a
cloudy day and clouds come over it there is a sensor that actually toms back on the
fluorescent fixture so you have a constant lighting level of 50 foot candles. He stated
should the cloud go past and it is sunny again, the fluorescent turns off and once again
natural light comes in. He stated he discussed this with the City Manager and noted that
a lot of these things the City is going to be discussing with green, especially the
buildings, there is always a cost associated with it. He stated you have to look at the
turnazound with something like this as well.
Secondly, he wished everyone a safe and happy Thanksgiving.
13.C.4. Vice Mavor Fetzer
Vice Mayor Fetzer stated with regazd to the Green Task Force that the
City has formed with the item on the Consent Agenda, there was a resolution approving
that from a prior discussion. He stated the City of Delray Beach is one of the first cities
in Palm Beach County to do something like this and he is very encouraged that we aze
taking this initiative to try and bring some good talented people in the community to
work on these issues. Vice Mayor Fetzer stated he sent an email to the City Manager
regazding some good nominees and concunred with his recommendation that the
Commission follow their normal appointment process of rotating those appointments
through the Commission if that is agreeable to the Commissioners. The City
Commission concurred with Vice Mayor Fetzer. Vice Mayor Fetzer stated this is the
procedure that the City Commission will follow and commented that the City will receive
nominations through the City Clerk's office and then the Commission will make the
appointments on a rotation basis (seven seats allocated for the Green Task Force). He
stated he is looking forward to seeing what comes out of that group.
Secondly, Vice Mayor Fetzer wished everyone a "Happy Thanksgiving".
11.B. From the Public.
11.B.1. Javne I{ine, 3400 Place Valencav, Delray Beach (sneaking on behalf of
the Sierra Club and the Homeowners' Leaeue of Chatelainel, thanked the City
Commission for forming the Green Task Force and for also inviting the public to the
pazk. She stated the Sierra Club would like to give input that it would be good that
whatever the park that there is a sustainability factor in all that. She stated there was also
input about eliminating the cazs having to go from Swinton Avenue to Federal Highway
to help cut back on the amount of pollution and the noise factor with the motorcycles and
the cars. Ms. King commented about the Cool Cities Program and stated the Steering
Committee had its kick-off on Mazch 28, 2007 and is happy that there is some forward
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movement regazding this. As President of Chatelaine, Ms. King stated it has been
approximately ten years in the process in Chatelaine for getting the projects completed.
She stated she has the Neighborhood Plan from the Strategic Task Team which was
approved in March 2005 and she is finding that they are still collecting more things. Ms.
King feels that the City has wasted money on redoing the signs, trees, and wasting the
water for not timing the sprinklers. She stated Chatelaine has to now re-do the signs and
they have been given dates and deadlines that have not been met. Ms. King urged the
Commission to expedite and finish this project because in her opinion it has taken too
long to complete. Also, Ms. King stated she would like to make an appointment with
Commissioner McDuffie to discuss this issue.
11.A. City Manaeer's resaonse to arior public comments and inquiries.
The City Manager stated at the last meeting Mr. Mark Fields expressed
concern about a couple of things. One of Mr. Fields concems was dogs on the beach.
The City Manager stated Mr. Fields has talked to the City's beach officers as well as the
Lieutenant over in that area about dogs. The City Manager stated Mr. Fields is actually
not complaining about the dogs being on the beach but he is complaining about the dogs
being on the sidewalk and grass area west of the sand dune fence which is not illegal.
Mr. Fields has been informed of this by the officers. The officers have had no concerns
about the dogs in this area and have been diligent about finding and citing offenders who
actually take their dogs onto the beach. Mr. Fields also expressed concern about halfway
houses and sober houses. The City Manager stated as the Commission is very much
awaze, individuals recovering from drug and alcohol addiction aze protected as disabled
individuals under the Americans with Disabilities Act and Fair Housing Laws and cannot
be discriminated against based on status. The City Manager stated Mr. Fields should
report any crimes to the Police Department regardless of the offenders' status and staff
has sent him a letter to that affect.
At this point, Vice Mayor Fetzer explained that there is a Public Hearing
scheduled to begin at 7:00 p.m. and at the end of the Public Hearings the Commission is
going to have a Closed Attorney/Client Session regarding the case of: Kenneth Miller, et
al v. Darren Cogoni, et al. After that, the Commission will reconvene in the Commission
Chambers and discuss a settlement. At this point, Vice Mayor Fetzer reopened the public
comments.
11.B.2. Van Church. Service Emaloyees International Union (SEIUh stated
he is the new Political Director of the new lazger local union. He stated the union that
represented these workers was called Local 1227 and that union has merged with two
other unions; one headquartered in Orlando and one in Pinellas County. Mr. Church
stated he met with the City Manager a few weeks ago and understands that they have
been bazgaining on their cun•ent contract since September. He stated he is hoping for
some movement on the contract and noted it is his job as Political Director of the Local to
get the people in this azea more politically involved.
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At this point, the time being 6:55 p.m., Vice Mayor Fetzer called a recess
unti17:00 p.m.
At this point, the time being 7:00 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10_A. ORDINANCE NO. 46-07 (SECOND READING/SECOND PUBLIC
HEARINGI: 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 are subject to the family workforce housing ordinance) and
29,571 squaze feet of medical offices to be located at the southwest corner of Linton
Boulevazd and Old Germantown Road (4600 Linton Boulevard). (Quasi-Judicial
Hearinr~ (A Request was received to postpone this item)
The caption of Ordinance No. 46-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES,
AMENDING SECTION 4.4.25(G), "S.A.D.s," TO ADD
SUBSECTION (9) MIDTOWN DELRAY TO THE LIST
OF APPROVED S.A.D.s; AMENDING ORDINANCE
NO. 51-95 BY REPEALING SECTIONS RELATED TO
THE BLOOD'S COMMERCIAL PROJECT MASTER
PLAN AND PROVIDING FOR REVISED
REGULATIONS GOVERNING THIS SPECIAL
ACTNITIES DISTRICT; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTNE DATE.
(The official copy of Ordinance No. 46-07 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
The City Attorney stated there has been a request from the applicant for a
postponement to December 4, 2007.
Mrs. Montague moved to postpone Ordinance No. 46-07 (Second
Reading/Second Public Hearing to a date certain of December 4, 2007 at 7:00 p. m.,
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seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr.
Eliopoulos -Yes; Vice Mayor Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes.
Said motion passed with a 4 to 0 vote.
10.A.1. APPEAL/SITE PLAN REVIEW AND APPEAKANCE BOARD
ACTIONS/MIDTOWN DELRAY: Consideration of an appeal regazding the Site Plan
Review and Appearance Boazd's approval of the site plan, landscape plan and
azchitectural elevations associated with the construction of a proposed 116-unit
townhouse development and 29,571 squaze foot medical office building known as
Midtown Delray, located at 4600 Linton Boulevazd.
The City Attorney stated this is the appeal taken by the City Commission
of the site plan.
Mr. McDuffie moved to postpone the appeal regarding the Site Plan
Review and Appearance Board's approval of the site plan to a date certain of December
4, 2007 at 7:00 p.m., seconded by Mrs. Montague. Upon roll call the Commission voted
as follows: Vice Mayor Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mr.
Eliopoulos -Yes. Said motion passed with a 4 to 0 vote.
10_B. ORDINANCE NO. 52-07: Consideration of a rezoning from R-1-A
(Single Family Residential) to CF (Community Facilities) for 345 N.W. 5th Avenue to
accommodate offices associated with the Achievement Centers for Children and
Families, located at 555 N.W. 4`h Street.
The caption of Ordinance No. 52-07 is as Follows:
office.)
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 EFFECTNE DATE.
(The official copy of Ordinance No. 52-07 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.
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11/20/07
Mazk McDonnell, Assistant Planning and Zoning Director, stated this is
privately initiated from R-1-A (Single Family Residential) to CF (Community Facilities)
which is the current location of the Achievement Centers for Children and Families,
located at 555 N.W. 4`h Street. There is currently a 1,200 square foot single family
dwelling (three bedroom two baths). The current zoning does not allow administrative
offices and the change in zoning to CF would allow the administrative offices for three
upper level management employees with the Achievement Center.
Mr. McDonnell stated this application has been reviewed by the Planning
and Zoning Boazd and the Board recommended approval and the Community
Redevelopment Agency (CRA) recommended approval. Staff recommends approval.
The City Attorney noted that there will be aQuasi-Judicial Public Hearing
at the next regular meeting.
Vice Mayor Fetzer declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 52-07,
the public hearing was closed.
Mr. McDuffie moved to adopt Ordinance No. 52-07 on Second and
FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as
follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mr. Eliopoulos -Yes; Vice Mayor
Fetzer -Yes. Said motion passed with a 4 to 0 vote.
10_C. ORDINANCE NO. 31-07 (SECOND READING/SECOND PUBLIC
HEARINGI: Privately initiated amendment to the Land Development Regulations
amending Section 4.4.24, "Old School Squaze Historic Arts District (OSSHAD)",
Subsection 4.4.24(B), "Principal Uses and Structures", to include an additional property
that is allowed the permitted uses of the Central Business District (CBD) Zoning District;
amending Subsection 4.4.24(F), "Development Standards", to include an additional
property in the Old School Square Historic Arts District (OSSHAD) that is subject to the
standazds of the Central Business District (CBD) Zoning District.
The caption of Ordinance No. 31-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
THE LAND DEVELOPMENT REGULATIONS OF THE
CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC
ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24(B),
"PRINCIPAL USES AND STRUCTURES" TO INCLUDE
AN ADDITIONAL PROPERTY THAT IS ALLOWED
THE PII2M[ITED USES OF THE CBD ZONING DISTRICT;
AMENDING SUBSECTION 4.4.24(F), "DEVELOPMENT
STANDARDS", TO INCLUDE AN ADDITIONAL
PROPERTY IN THE OSSHAD DISTRICT THAT IS
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SUBJECT TO THE STANDARDS OF THE CBD
ZONING DISTRICT; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN
EFFECTNE DATE.
office.)
(The official copy of Ordinance No. 31-07 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.
The City Attomey stated there has been a request from the applicant to
postpone this item for another public hearing on Tuesday, February 19, 2008 at 7:00 p.m.
Mrs. Montague moved to postpone Ordinance No. 31-07 to a date certain
ojFebruary 19, 2008 at 7:00 p. m., seconded by Mr. Eliopoulos. Upon roll call the
Commission voted as follows: Mrs. Montague -Yes; Mr. Eliopoulos -Yes; Vice Mayor
Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote.
10_D. ORDINANCE NO. 22-07 (SECOND READING/ADOPTION
HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2007-21: Consider on
second reading an ordinance adopting Comprehensive Plan Amendment 2007-2 and
associated Future Land Use Map (FLUM) amendments. Amendment 2007-2 includes:
The caption of Ordinance No. 22-07 is as follows:
office.)
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
ADOPTING COMPREHENSNE PLAN AMENDMENT
2007-2, PURSUANT TO THE PROVISIONS OF THE
"LOCAL GOVERNMENT COMPREHENSNE
PLANNING AND LAND DEVELOPMENT
REGULATION ACT", FLORIDA STATUTES SECTION
163.3161 THROUGH 163.3243, INCLUSNE; ALL AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"
ENTITLED "COMPREHENSNE PLAN AMENDMENT
2007-2" AND INCORPORATED HEREIN BY
REFERENCE; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTNE
DATE.
(The official copy of Ordinance No. 22-07 is on file in the City Clerk's
1. Text Amendments:
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11/20/07
(i) Future Land Use Element -Modification of the description of the
GC (General Commercial) Future Land Use designation to
increase the allowable percentage of building area devoted to
residential use from 15% to 75% at a maximum density of 30 units
per acre within the Four Comers Overlay District, subject to the
provision of workforce housing.
(ii) Future Land Use Element -Modification of Policy A-7.2 to
include the provision of workforce housing in the Four Corners
Overlay District.
(iii)Future Land Use Element -Modification of the description of the
TRN (Transitional) Future Land Use designation to allow for
increased residential density up to 24 units per acre within the
Carver Estates Overlay District, subject to the provision of
workforce housing.
(iv)Future Land Use Element - Expansion of the Southwest
Neighborhood Area Overlay District to include properties located
%Z block on either side of SW 12~' Avenue, between SW 2"d Street
and SW 3`~ Street. This overlay district allows a maximum density
of 24 units per acre, subject to the provision of workforce housing.
(v) Future Land Use Element -Modification of the description of the
Medium Density Residential Future Land Use designation to
accommodate expansion of the Carver Estates Overlay Area to
include the south portion of the Aubum Trace Development. This
area is currently located within the Infill Workforce Housing Area
which allows up to 18 units per acre, subject to the provision of
workforce housing. Within the Carver Estates Overlay Area, the
maximum density will increase to 24 units per area.
(vi) Capital Improvement Element -Modification of Table CI-CIP (5-
Yeaz Capital Improvements Schedule for Projects > $25,000) to
reflect adoption of the FY 2007-2011 Capital Improvement
Program.
(vii) Capital Improvement Element -Modification of Table SD-CIP,
School District of Palm Beach County Capital Improvement
Schedule.
(viii)Capital Improvement Element -Modification of Policy A-3.7 to
reflect a change in one of the timeframes in the Palm Beach
County School District's Capital Improvement Schedule (Table
SD-CIP) from six years to five years.
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(ix) Capital Improvement Element -Modification of Policy A-8.3 to
reflect changes in the format of the Palm Beach County School
District's Capital Improvement Schedule (Table SD-CIP).
2. Future Land Use Mau Amendment:
a. City initiated Future Land Use Map amendment for approximately
3.9 acres, located %x block on either side of SW 12a' Avenue,
between S.W. 2"a Street and S.W. 3`a Street, from LD (Residential
Low Density 0-5 du/ac) to MD (Residential Medium Density 5-12
du/ac).
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.
Ron Hoggazd, AICP, Principal Planner, stated the Commission first saw
Comprehensive Plan Amendment 2007-2 at the August 7, 2007 meeting at which time
the Commission recommended approval on first reading and it was then forwarded to the
Department of Community Affairs (DCA) for their review. At that time, the amendment
had one City initiated Future Land Use Map Amendment, four City initiated text
amendments, and one privately initiated text amendment. Mr. Hoggard stated DCA
reviewed the amendment and did not issue an Objections, Recommendations, and
Comments (ORC) Report this year. Mr. Hoggazd stated since this was submitted to the
State, staff made four additional City initiated text amendments and those were the
additions noted by the City Attorney eazlier in the meeting. Those aze related to the
Capital Improvement Element; one deals with the table CIP which is the City's five year
Capital Improvement schedule, the second addition was the Palm Beach County School
District's Capital Improvement Schedule and per the agreement the City has to put their
schedule into the Comprehensive Plan each year; modification of Capital Improvement
Element Policy A-3.7 which references the School Boazd's Capital Improvement
Schedule (the School Board amended their schedule this year and instead of being six
yeazs they aze now five years and the Policy is being amended to reflect the five yeaz);
modification of Capital Improvement Element Policy A-8.3 also refers to that same table
and for the same issue. Those aze the changes that aze being added since the Commission
saw it last so we now have eight (8) text amendments that are City initiated and the one
(1) privately initiated text amendment.
Mr. Hoggazd briefly reviewed the Text Amendments and the Future Land
Use Map Amendments.
Mr. Hoggard stated this was recommended for approval by the
Community Redevelopment Agency (CRA) and the Planning and Zoning Board. Staff
recommends approval.
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Mr. Hoggard entered the Planning and Zoning Deparhnent project file
#2007-243 and #2007-244 into the record.
Vice Mayor Fetzer declared the public hearing open.
Alan Klasfield (owns two nieces of uroperty inside the thatched area),
stated the property was under contract and he was told eazlier this week they would not
be able to close. Mr. Klasfield stated he is not sure if this is going to close in a timely
fashion and wanted to make the Commission aware of this.
Alice Finst, 707 Place Tavant, Delrav Beach, clarified that they are
talking about the intersection at Atlantic Avenue and Military Trail and stated there is
residential along there. She stated with regazd to the changes in the Carver Overlay and
in the' Southwest Area Overlay District (Text Amendments 4 & 5) she is concerned that
they aze getting 24 units per acre and out west they aze getting 30 units per acre. Mrs.
Finst asked why they aze getting additional density when in town it is not being given.
She asked how many units extra can people expect in this acreage if you go from what
was originally planned up to 30 units per acre.
Mr. Hoggazd stated this is in the general commercial category and staff is
not talking about the residential parcels. The azeas that are 24 units per acre closer into
the downtown and the southwest area aze on smaller pazcels and this is to allow for larger
aggregate properties. He stated it will be mixed use development; the residential with the
non-residential development.
Mr. Hoggazd stated the City is not getting any new units yet until someone
comes in with a proposal and staff does not know what the mixture is going to be on the
number of units. He stated currently you can have 12 units per acre in the GC (General
Commercial) and the change is going from 12 to 30 units per acre but not all of this
property is going to be residential. Staff did an analysis on the total number of units that
aze possible. Mr. Hoggazd stated the residential for the proposal under the current one
could do 745 multi-family units and 863 if you developed all the property at the
maximum of 30 units per acre. Mrs. Finst urged the Commission to look at more than
just the acreage and she expressed concern over the living conditions of those people who
aze going to be impacted by this. She stated she feels it is unfair that the City is doing
this to people out west of town when the City has set a standard for the people in town for
something else.
Javne Kind. 3400 Place Valencav Delrav Beach with this increased
density asked if there will some sort of compensation for Palm Tran and increased
amount of frequency of the buses that will be running as a result of the additional density
and because of the workforce housing. She stated it probably will not be the case that the
people who are living there will be actually working there. Ms. King asked if there is any
kind of consideration for some kind of a transit and not a negative impact of the cars.
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11 /20/07
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 22-07, the public hearing was closed.
Mr. Hoggazd explained that staff did not look specifically at a Palm Tran
issue. He stated when the projects aze submitted for site plan approval then these issues
are reviewed at that time (i.e bus stop locations, etc.). Mr. Hoggazd stated this is just on
the planning stage for making the land use applicable.
Mr. McDuffie stated when some members of the Commission were on the
Planning and Zoning Boazd before becoming members of the Commission, they were
looking at places in Delray Beach to put Class "A" office space because there was
virtually none and no available spaces for it and also be able to build business space. He
stated the two azeas they chose were the Congress Corridor and the Four Corners
Corridor not necessarily to attract massive amounts of residential but to give ourselves
some Class "A"office space and a large enough azea to attract some quality businesses in
there who could be able to pay our citizens enough money to buy a home and live here in
the City of Delray Beach.
Mr. Eliopoulos concurred with comments expressed by Commissioner
Duffie and stated it is a lot hazder to do a good mixed use project and get that balance and
the density does have to be increased to make it work.
Mrs. Montague stated this has been part of a series of plans that have been
created and supported by previous Commissions. She stated this has been going on for a
number of yeazs and the current Commission is at a point now where they can make their
Comprehensive Plan changes. Mrs. Montague stated this is going to be developing for a
number of years and this is just the next step in that process.
Mr. Eliopoulos moved to adopt Ordinance No. 22-07 on Second and
FINAL Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mr. Eliopoulos -Yes; Vice Mayor Fetzer -Yes; Mr. McDuffie -Yes; Mrs.
Montague -Yes. Said motion passed with a 4 to 0 vote.
10.E. ORDINANCE NO. 55-07 (FIRST READING/FIRST PUBLIC
HEARINGI: City initiated amendment to the Land Development Regulations (LDR)
amending Section 1.4.3(D), "Enforcement"; Section 1.4.4(A), "Penalty"; Section
1.4.4(D), "Penalty"; Section 4.5.1(F)(6), "Demolition"; and Section 4.5.1(F),
"Restrictions on Demolitions", providing regulations regarding the issuance of code
violation notices and the neglect and demolition of historic structures. If passed, a second
public hearing will be scheduled for December 4, 2007.
The caption of Ordinance No. 55-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
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REGULATIONS OF THE CITY OF DELRAY BEACH
BY AMENDING SECTIONS 1.4.3, "ENFORCEMENT"
AND 1.4.4, "PENALTY", PROVIDING THAT
NEGLECT SHALL CONSTITUTE A NUISANCE AND
PROVIDING FOR ENFORCEMENT AND PENALTIES;
AMENDING SECTION 2.2.6, "THE HISTORIC
PRESERVATION BOARD", SUBSECTION 2.2.6(C),
"MEETING AND QUORUM", PROVIDING FOR
VOTING; AND AMENDING SUBSECTION 2.2.6(D),
"DUTIES AND RESPONSIBILITIES", PROVIDING
FOR EXPRESS AUTHORITY FOR THE HISTORIC
PRESERVATION BOARD TO APPLY THE HISTORIC
COMPATIBILITY REGULATIONS; SUBSECTION
4.5.1(E), "DEVELOPMENT STANDARDS",
SUBSECTION 4.5.1(E)(6), "DEMOLITION", AND
4.5.1(F), "RESTRICTIONS ON DEMOLTTIONS",
PROVIDING REQUIREMENTS FOR THE
APPLICATION AND APPROVAL FOR DEMOLITION;
PROVIDING A SAVINGS CLAUSE, A GENERAL
REPEALER CLAUSE AND AN EFFECTNE DATE.
(The official copy of Ordinance No. 55-07 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
The City Attorney stated this ordinance was scheduled for a first
reading/first public hearing and there has been a request to postpone this item to
December 4, 2007 at 7:00 p.m. because the Planning and Zoning Board tabled this item
and the Board would like to discuss this further at their meeting on December 3, 2007.
Mr. McDuffie moved to postpone Ordinance No. SS-07 (First
Reading/First Public Hearing) to a date certain of December 4, 2007 at 7:00 p.m.,
seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Vice
Mayor Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mr: Eliopoulos -Yes.
Said motion passed with a 4 to 0 vote.
10_F. 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 % block on either side of S.W. 12s' Avenue, between
S. W. 2"d Street and S.W. 3`d Street.
The caption of Ordinance No. 54-07 is as follows:
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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 12"'
AVENUE, BETWEEN SW 2ND STREET AND SW San
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.
office.)
(The official copy of C7dinance No. 54-07 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.
Vice Mayor Fetzer declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 54-07,
the public hearing was closed.
Ron Hoggard, AICP, Principal Planner, stated this is to go along with the
Comprehensive Plan Amendment to go from LD (Low Density Residential, 0-5
units/acre) to MD (Medium Density Residential, 5-12 units/acre). This is to rezone the
R-1-A (Single Family Residential) property to RM (Medium Density Residential).
Mr. Hoggard stated at its meeting of July 12, 2007, the Community
Redevelopment Agency (CRA) reviewed the rezoning and the Boazd recommended
approval; at its meeting of July 16, 2007, the Planning and Zoning Board reviewed the
rezoning and recommended approval. Staff recommends approval.
Mr. Hoggazd entered the Planning and Zoning Department project file
#2007-243 and #2007-244 into the record.
Mr. McDuffie moved to adopt Ordinance No. 54-07 on Second and
FINAL Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mr. Eliopoulos -Yes; Vice Mayor
Fetzer -Yes. Said motion passed with a 4 to 0 vote.
At this point, the time being 7:33 p.m., the Commission moved back to
Item 11, Public Comments on Non-Agenda Items.
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11.B.3. Matthew Grabham, 350 S.E. 7`" Avenue, Delray Beach (Marina
Historic District), stated he was present at the Planning and Zoning Board Meeting and
noted as part of the discussion a comment came from staff suggesting that the survey in
the Marina District is being done by residents of the district with some kind of
background in the subject matter. He stated he believes this is a conflict of interest and
would like to seek some clarification and hopes that it is an independent professional firm
that would conduct such a survey. He stated he was the only one present at the meeting
who explained the implications of the ordinance before the Planning and Zoning Board
and they understood it enough to where they chose to table the ordinance. Mr. Grabham
stated the Board did not get that explanation from anyone else and if he had not been
present at the Planning and Zoning Board Meeting the Commission would have been
voting on it this evening. He stated this is a terrible detriment to the historic districts and
expressed concern that long-term damage could be caused to the prospects and to the
future of Delray Beach as a result of these changes going through without everyone
getting their fair chance to contribute.
At this point, the time being 7:36 p.m., the Commission adjourned for the
Closed Attorney/Client Session.
14. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8)
re: the case o£
Kenneth Miller, et al. v. Darren Cogoni, et al
Case No. 07-80249-CN-Middlebrooks
Attendees: Mayor Rita Ellis -Absent
Commissioner Gary P. Eliopoulos
Commissioner Fred B. Fetzer
Commissioner Woodie McDuffie
Commissioner Brenda B. Montague
City Manager David Harden
City Attorney Susan Ruby
Police Legal Advisor Cathy Kozol -Absent
Attorney Fred Gelston
A certified court reporter
Purpose: Discuss settlement negotiations and strategy related to
litigation expenditures in the above case.
The City Attorney stated the purpose of this closed door session in the
case of Kenneth Miller versus Darren Cogoni, et al is to seek advice regarding settlement
negotiations and strategy related to litigation expenditures.
The City Attorney read the following statement into the record as required
by law: "The City of Delray Beach has scheduled a closed attorney-client session
pursuant to Florida Statutes §286.011(8) in the case of Kenneth Miller, et al v. Darren
Cogoni, et al, Case No. 07-80249-CN-MIddlebrooks. The estimated length of the closed
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11/20/07
session shall be 20 minutes. The following persons will be attending: Commissioners
Gary Eliopoulos, Vice Mayor Fred Fetzer, Woodie McDuffie, and Brenda Montague,
City Manager David Harden, City Attorney Susan Ruby, Attorney Fred Gelston and a
certified court report." The City Attomey noted that Mayor Rita Ellis and Police Legal
Advisor Cathy Kozol aze both absent.
At this point, the time being 8:01 p.m., the Commission reconvened the
meeting.
15. SETTLEMENT OF:
Kenneth Miller, et al. v. Darren Cogoni, et al
Case No. 07-80249-CN-Middlebrooks
The City Attomey stated the City Commission previously approved a
settlement; however, this is a new motion to also approve the settlement subject to
obtaining an appropriate Hold Harmless Agreement from the other law firm (Willie
Gary) and also releases from the personal representative on behalf of all the survivors and
himself.
Mr. McDuffie moved to approve the settlement in the Kenneth Miller, et
al v Darren Cogoni, et al subject to the City Attorney obtaining an appropriate Hold
Harmless Agreement from the Willie Gary ]aw firm and also releases from the personal
representative on behalf of all the survivors and himself, seconded by Mrs. Montague.
Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mr. Eliopoulos -
Yes; Vice Mayor Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0
vote.
At this point, the City Manager stated Police Chief Schroeder prepared a
Pazent/Teacher Guide to Gang Recognition and distributed copies to the City
Commission.
There being no further business, Vice Mayor Fetzer declared the meeting
adjourned at 8:03 p.m.
City Clerk
.ATTEST• ~Q-
,~ ~ a
MAYOR
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11/20/07
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 20, 2007, which Minutes were formally approved and adopted by the City
Colnmissionon December 11, 2007
~_ _ .1[V A~.w
j City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
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11/20/07