02-05-08 Minutes RegFEBRUARY 5, 2008
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 6:03 p.m., Tuesday, February 5, 2008.
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 Reverend Nancy Norman with Unity
Church of Delray Beach.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mr. Eliopoulos requested that Item 8.D., Contract Addition (C.O. No.
I~/BSA Corporation/City Hall Interior Renovations Proiect/IT Remote Building
Project, be removed from the Consent Agenda and moved to the Regular Agenda as
Item 9.A.A.
Mayor Ellis stated there is a Board Order on the dais for Item 9.F.,
Appeal of Waiver DeniaUBru's Room.
Mr. McDuffie stated staff requested that Item 7.B., "Spotlight on
Education" - Marjorie Waldo, Principal, Delrav Youth Vocational Charter School
be removed from the Agenda.
Mr. McDuffie 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. Fetzer moved to approve the Minutes of the Regular Meeting of
January 3, 2008, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as
follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos
-Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote.
Mrs. Montague moved to approve the Minutes of the Regulaz Meeting of
January 15, 2008, seconded by Mr. McDuffie. Upon roll call the Commission voted as
follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -
Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote.
Mr. McDuffie moved to approve the Minutes of the Special Meeting of
January 22, 2008, 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.
Mr. Fetzer moved to approve the Minutes of the Special Meeting of
January 23, 2008, seconded by Mr. Eliopoulos. 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.
6. PROCLAMATIONS:
6.A. Recognizing and Commending the Delray Rocks Football and
Cheerleading Squads
Mayor Ellis read and presented a proclamation to Ben Leonard hereby
proclaiming the Delray Rocks Football and Cheerleaders participants to be "Champions
Among Champions and Ambassadors of Good Will and Sportsmanship for the City of
Delray Beach, Florida". Mr. Leonard came forward to accept the proclamation and gave
a few brief comments.
6.B. The Arc of Palm Beach County 50`" Anniversary - February 7, 2008
Mayor Ellis stated she will be attending a luncheon and read this
proclamation to the Arc of Palm Beach County at that time. Therefore, Mayor Ellis
noted that the proclamation will be mailed.
7.A. PRESENTATIONS:
7.A. "Spotlight on Neighborhoods" - Joseph Kamarata, Chair of
Neighborhood Advisory Council
Joseph Kamarata, Chair Neighborhood Advisory Council (NAC), stated
their slogan is improving Delray Beach neighborhood by neighborhood and their mission
is enhancing the quality of life in Delray Beach by educating, assisting and
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communicating with community associations to improve their neighborhoods with the aid
of available city services and resources. He stated NAC was formed in October 2003 as a
liaison body to our City Commissioners the NAC has been conducting monthly meetings
on the third Monday in the City Hall First Floor Conference Room at 5:30 p.m. for the
past year. Mr. Kamarata stated 15 volunteers and members of the NAC appointed by the
City Commission have been busy getting to know the neighborhoods and what they can
do to help improve our neighborhoods. He stated with the support of City staff members
NAC has accomplished a full agenda of goals in its third year. He stated at NAC
meetings they heard several presentations from several neighborhood representatives
each with different desires and priorities for improvements. One of NAC's top priorities
is to help with communication and in order to be better communicators, it is to ~leazly
understand the programs and policies in place at the City. Mr. Kamarata stated nine
presentations were given to NAC including traffic calming policies and procedures,
landscape beautification, the Community Land Trust (CLT), Litter Prevention, Delray
Beach Housing Authority, the Neighborhood Resource Center, Prosperity Center,
Coalition for Community Renewal, and they hosted a citizen participation process For
Federal and State grant programs. He stated for the third yeaz in a row NAC hosted a
potluck dinner for Rainbow Homes and Windycreek. Mr. Kamazata stated the NAC
recently awarded three neighborhood pride grants at $6,000.00 each for improvements to
their neighborhoods. The grants were awarded to Paradise Heights, Woods of Southridge
and Delray Estates. Mr. Kamazata stated NAC is looking forwazd to working with
Jennifer Costello, the new Neighborhood Planner. He stated one of the goals this year is
to help develop and promote workshops at •the Neighborhood Resource Center which
would include a homeowner's association leadership series among others. This spring
NAC will be launching another annual round of Neighborhood Pride Grants, looking
forward to their Annual Association President's Dinner and the neighborhood bus tours.
Mr. Kamarata invited everyone to attend one of NAC's meetings and they welcome
neighborhood presentations. He recognized Janet Meeks, Education Coordinator, for
being such a great mentor.
Mayor Ellis stated NAC is a big asset to the community and the
Commission appreciates all of its efforts.
7_B. "Spotlight on Education" - Marjorie Waldo, Principal Delrav Youth
Vocational Charter School
This item has been removed from the Agenda per staff request.
7_C. Zion Studv Circle Mao Project -Susan Rubv
Shelly Weih 925 Greensward Lane, Delrav Beach (Project Chair of
the Zion Studv Circle Maa Project), stated they initiated a series of study circles when
former Mayor Perlman was here. He stated there were three groups and the Zion Study
Circle was one of the three groups and it was series of nine weeks for the purpose of
continuing with R.A.C.E. Relations in the City of Delray Beach. He stated it started by
an organization called "Toward a More Perfect Union" for enhancing R.A.C.E. Relations.
Mr. Weil stated their first meeting was August 24, 2006 at St. Paul's Episcopal Church
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and at that time there were 12 members. Mr. Weil stated even though the session had
ended the group decided to stay together and the City approved of their first mission on
March 20th. The topic was discrepancies in the literature and films regarding improper
history of Delray Beach. At that time, the City Commission approved of the changes and
the changes were made and thanked Lori and Charlotte Durante for their assistance. Mr.
Weil recognized the members of the Zion Study Circle.
Susan Ruby, City Attorney, stated that the early history was undertaken in
collaboration with the Delray Beach Historical Society and the Spady Museum. She
stated also with them this evening as part of their new project is Daisy Fulton on behalf
of the Spady Museum and also EPOCH. The City Attomey also recognized Dottie
Patterson of the Delray Beach Historical Society.
Mr. Weil stated the first Post Office in Delray Beach was actually called
Zion which means "a special place of Utopia" and thus how the study circle came up with
their name.
Mr. Weil briefly discussed their new map project and stated this project
was done to determine of the 65,000 people in Delray Beach where everyone came from.
He stated the Zion Study Circle will be talking to people and on a voluntary basis people
will be asked to give their name and where they were born. He stated it will then be
posted on the map and they will keep the map updated every month. Mr. Weil stated at
the top of the map will be the phrase "A World of Diversity and the City of Harmony".
Mr. Weil stated besides the map they talked about having a shelf under it with some
pictures and some history of Delray Beach and if they do not catch everyone in all the
ways they can there will be a little roster in front of the big map, each person can fill out
a form and drop it in the box and each person will be added. Mr. Weil stated they are
hopeful to get the funds to complete the project.
8. CONSENT AGENDA: City Manager Recommends Approval.
8_A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve
and ratify the actions of the South Central Regional Wastewater Treatment and Disposal
Board at their Quarterly Annual Meeting of January 17, 2008.
8.B. REQUEST FOR SIDEWALK DEFERRAL/302 VENETIAN DRIVE:
Approve a request to defer the installation of a sidewalk in front of 302 Venetian Drive.
B.C. REQUEST FOR SIDEWALK DEFERRALl333 PALM TRAIL:
Approve a request to defer the installation of a sidewalk in front of 333 Palm Trail.
8_D. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.
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8_E. CONTRACT CLOSEOUT/FINAL PAYMENT/BRIGGS GOLF
CONSTRUCTION, INC.: Approve a Contract Closeout and final payment in the
amount of $9,678.00 to Briggs Golf Construction, Inc. for completion of the Pompey
Park Major League Field Sod Replacement Project. There are no changes to the original
contract amount.
8_F. CONTRACT CLOSEOUT/FINAL PAYMENT/CHAZ EQUIPMENT
COMPANY, INC.: Approve a Contract Closeout and final payment in the amount of
$47,332.70 to Chaz Equipment Company, Inc. for completion of the S.E./N.E. ls` Street
One Way Pair Project. Funding is available from 448-5461-538-65.88 (Stone Water
Utility Fund/Other Improvements/SE/NE 1st St. One Way Pair) and 334-3162-541-65.88
(General Construction Fund/Capital Outlay/SE/NE 1st Street One Way Pair).
8_G. SERVICE AUTHORIZATION NO. 04-08.3/MATHEWS
CONSULTING, INC.: Approve Service Authorization No. 04-08.3 in the amount of
$30,582.00 to Mathews Consulting, Inc. for performing construction administration;
specialty, substantial, and final inspections; review of as-built drawings; and coordination
of Lake Worth Drainage District (LWDD) and Palm Beach County (PBC) certifications
for the Area 4 Reclaimed Water System Project. Funding is available from 441-5181-
536-65.96 (Water & Sewer Fund/Other Improvements/Reclaimed Water Transmission).
8_H. SERVICE AUTHORIZATION NO. 04-09/CH2M HILL, INC.:
Approve Service Authorization No. 04-09 in the amount of $89,309.00 to CH2M Hill,
Inc. for professional engineering services in the design of a new 40 foot diameter lime
sludge thickener unit and associated civil site improvements required in accommodating
this new unit. Funding is available from 441-5161-536-68.43 (Water & Sewer
Fund/Improvements Other/Sludge Thickener).
8_I. CASH BOND/PALM BEACH COUNTY/AREA 4 RECLAIMED
WATER SYSTEM PROJECT: Approve and authorize the execution of a Cash Bond
Form and related funding in the amount of $99,017.00 with Palm Beach County for
satisfying the County's permitting requirement on the Area 4 Reclaimed Water System
Project. Funding is available from 441-5181-536-65.96 (Water/Sewer Fund/Other
Improvements/Reclaimed Water Transmission).
8_J. CONSTRUCTION CONTRACT/CHAZ EQUIPMENT COMPANY,
INC./WEST ATLANTIC WATER MAIN PROJECT: Approve and authorize the
execution of a construction contract in the amount of $309,110.00 for the West Atlantic
Water Main Project. Funding is available from 441-5161-536-65.24 (Water/Sewer
Fund/Other Improvements/W. Atlantic Avenue Phase III).
8_K. AGREEMENTS/FLORIDA PUBLIC UTILITIES/FIRE STATION
NO. 4: Approve the Improvement or Relocation of Existing Facilities Agreement and
the Property Owner's Consent Form with Florida Public Utilities Company (FPUC) in
the amount of $34,495.00 to allow the installation of a natural gas line to supply Fire
Station No. 4 at the corner of Barwick and Lake Ida Road.
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8.L. INTERLOCAL AGREEMENT/PALM BEACH COUNTY: Approve
an Interlocal Agreement between the City and Palm Beach County for the installation of
the trombone mast arms at the intersection S.W. 2"d Avenue and West Atlantic Avenue.
Palm Beach County will reimburse the City in the amount of $132,101.00 for the cost
associated with this project.
US 1 CORRIDOR IMPLEMENTATION OF TEMPORARY
Approve and authorize the purchase of temporary curbing in the amount of $125,169.00
to Gulf Industries, Inc.; and hire Chaz Equipment in the amount of $325,998.70 for the
installation of the temporary improvements along S.E./N.E. 5`n Avenue and S.E./N.E. 6`n
Avenue between S.E. 10`n Street and George Bush Boulevard. Funding is available from
334-4141-572-65.99 (General Construction Fund/Capital Outlay/S.E./N.E. 5`h & 6`n
Avenue/S.E. 4`n)
8.N. INITIATION OF ANNEXATION/FAIR OAKS CENTER: Initiation
of annexation, via the provisions of the executed water service agreements and consent to
annexation, with initial zoning of Community Facilities (CF) of the Fair Oaks Center,
located on the south side of Linton Boulevard, approximately 1,240 feet west of Military
Trail.
8.0. CITY OF DELRAY BEACH SUB-RECIPIENT FUNDING
AGREEMENT/ DELRAY YOUTH VOCATIONAL CHARTER SCHOOL:
Approve and authorize the execution of a funding agreement in the amount of $25,542.00
with sub-recipient, Delray Youth Vocational Charter School, under the Weed & Seed
Program (now known as the Coalition for Community Renewal). Funding is available
from 115-2126-521-83.01 (Special Projects Fund/Weed and Seed Grants/Other
Grants/Aid).
8.P. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-
RECIPIENT FUNDING AGREEMENT: Approve and authorize the execution of the
funding agreement with one (1) sub-recipient (Fair Housing Center of the Greater Palm
Beaches, Inc.) under the Community Development Block Grant (CDBG) program for FY
2007-2008 Annual Action Plan, with the total funding in the amount of $5,000.00.
Funding is available from 118-1966-554-82.12 (Community Development Fund/Aid to
Private Organization/Fair Housing Center).
8~. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-
RECIPIENT FUNDING AGREEMENT: Approve and authorize the execution of the
funding agreement with The Center for Technology, Enterprise and Development, Inc.
(T.E.D. Center) under the Community Development Block Grant (CDBG) program for
FY 2007-2008 in partnership with the Community Redevelopment Agency (CRA), with
the total funding in the amount of $55,000.00. Funding is available from 118-1966-554-
83.01 (Community Development Fund/Other Grants and Aids).
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8.R. HOUSING REHABILITATION GRANT/CONTRACT AWARD:
Approve one (1) Housing Rehabilitation grant/contract award through the Community
Development Division in the amount of $22,855.35 to Brian Rega, Inc. (313 N.W. 4`h
Avenue). Funding is available from 118-1963-554-49.19 (Community Development
Fund/Housing Rehabilitation).
8.5. MODIFICATION/2006-2007 STATE HOMELAND SECURITY
GRANT PROGRAM SUB-RECIPIENT AGREEMENT/FLORIDA
DEPARTMENT OF FINANCIAL SERVICES: Approve a request to authorize a
Modification of the 2006 - 2007 State Homeland Security Grant Program Sub-Recipient
Agreement, Office of Domestic Preparedness through the State of Florida, Department of
Financial Services Division. The Modification is to extend the grant expiration period
from January 31, 2008 to May 31, 2008.
8_T. SPECIAL EVENT REOUEST/FASHION SHOW: Approve a special
event request to allow a Fashion Show sponsored by the Downtown Marketing
Cooperative, to be held on March 7, 2008 from 7:00 p.m. to approximately 9:00 p.m., to
grant a temporary use permit per LDR Section 2.4.6.(F) for the closure of Atlantic
Avenue between N.E./S.E. 5`h Avenue and N.E./S.E. 6`h Avenue from approximately 4:00
p.m. to 10:00 p.m., and to provide staff assistance for security, traffic control and
barricading; contingent upon receipt of a certificate of general liability insurance.
8_U. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period January 14, 2008 through February 1, 2008.
8.V. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Atlantic Refrigeration Corporation in the
amount of $16,097.00 for the emergency replacement of an air
conditioning unit at the Police Department Holding Facility.
Funding is available from 334-6112-519-46.10 (General
Construction Fund/Repair & Maintenance Services/Building
Maintenance).
2. Contract award to JCI Jade Communications, Inc. in the amount of
$18,570.55 for the installation of telephone and data
communication (low voltage wiring) for the Pompey Park
Community Center Improvements Project. Funding is available
from 380-4150-572-62.61 (2004 G.O. Bond/Buildings/Pompey
Park-Expansion).
3. Bid Award to Expertech Network in the amount of $1,384,333.34
for construction of the Area 4 Reclaimed Water System Project.
Funding is available from 441-5181-536-65.96 (Water/Sewer
Fund/Other Improvement/Reclaimed Water Transmission).
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4. Bid award to Pro Courts in the amount of $19,987.00 for
resurfacing seven (7) hard courts at the Delray Beach Tennis
Center. Funding is available from 001-4215-575-46.90 (General
Fund/Other Repair/Maintenance Costs).
5. Purchase award to Ti Training Corp in the amount $142,997.00 for
a firearms simulator for the Police Department. Funding is
available from 334-2111-521-64.90 (General Construction
Fund/Other Machinery/Equipment).
Mr. McDuffie moved to approve the Consent 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.
9. REGULAR AGENDA:
9.A.A. CONTRACT ADDITION (C.O. NO. IIBSA CORPORATION/CITY
HALL INTERIOR RENOVATIONS PROJECT/IT REMOTE BUILDING
PROJECT: Approve Contract Addition (C.O. No. 1) in the amount of $684,783.00 to
BSA Corporation for the City Hall Interior Renovation Phase IProject/Information
Technology (IT) Remote Building Project. Funding is available from 334-6112-519-
62.85 (General Construction Fund/Capital Outlay/City Hall Exp-IT Building).
Richard Hasko, Director of Environmental Services, stated this is to
propose the award of the IT Building Construction as a Contract Addition to BSA
Corporation for the North wing remodeling and trying to take advantage of economies for
the current construction market. Staff asked for BSA proposals based on the plans that
they had done for the IT Building. Mr. Hasko stated staff had them split it out a number
of different ways because staff was initially working with the Royal Concrete Concepts
firm for the modular structure. He stated as the numbers came in it was somewhat less
expensive to do the tum key operation for the entire project. Mr. Hasko stated BSA
Corporation came in for a total price of $684,783.00 for the turn key operation,
construction of the building, the site work and the utility connections.
Mr. Eliopoulos asked if David Miller revised the drawings to conventional
construction or are these based on assumptions. In response, Mr. Hasko stated David
Miller's drawings were for that type of construction from the inception and it was
actually the people from RCC that had to take David Miller's drawings and take them to
their in-house engineering staff to modify them for their process.
Mr. McDuffie asked what we are actually housing. In response, Mr.
Hasko stated this is for IT only.
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Mrs. Montague moved to approve the Contract Addition (C.O. No. 1) in
the amount of $684,783.00 to BSA Corporation for the City Halt Interior Renovation
Phase I ProjecUInformation Technology (IT) Remote Building Project, seconded by Mr.
Eliopoulos. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs.
Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said
motion passed with a 5 to 0 vote.
9_A. WAIVER REQUESTS/CONDITIONAL USE REQUEST/HUNTER
CRANE: Consider a request for two (2) waivers and a conditional use request to allow
the establishment of storage and rental of construction equipment that does not exceed
100 feet long, 14 feet wide and 15 feet high for Hunter Crane, located approximately 140
feet north of West Atlantic Avenue and west of Congress Avenue within the MIC (Mixed
Industrial and Commercial) District. (Quasi-Judicial Hearing)
Mayor Ellis read into the record the City of Dekay Beach procedures for a
Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial Hearings.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Ellis asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2008-076 into the record.
Mr. Dorling stated this is a 5.61 acre site that was annexed into the City in
1988. He stated the site was occupied by Shaw Trucking for storage of their vehicles and
in 2003 the operation ceased. Hunter Crane has been operating on the site without an
occupational license. City records show that they were cited through the Code
Enforcement process. Mr. Dorling stated they did come forwazd to process an LDR text
amendment to add a category called "heavy construction equipment storage" to the MIC
(Mixed Industrial and Commercial) district and this was approved by the City
Commission on August 16, 2005. At this point, Mr. Dorling stated they are now coming
in to establish the LDR change allotted only as a conditional use and then they will
follow that up through the Site Plan Review and Appeazance Board.
The application involves a perimeter landscape buffer and some hardening
of the soils in which they want to store the cranes. One of the conditions is that this
really needs to be a crushed asphalt surface where the storage is taking place so that there
is not a lot of dust associated with this use. The two waivers actually include a required
berm which was to be six feet in height and they have proposed three feet in height. Mr.
Dorling stated there is some additional azea that is required by the Lake Worth Drainage
District so they had some constraints along the west property line. He stated they are
proposing the three foot high berm but they are providing increased height of plant
material to achieve the same buffer from the school which is directly to the west. The
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second waiver involves a relief from the required ten foot landscape perimeter buffer in
an azea of 90 feet.
At its meeting of January 28, 2008, the Planning and Zoning Board
recommended approval of the conditional use with a 5 to 0 vote subject to the following
four conditions: (1) the area where the cranes are going to be stored is a crushed asphalt
to reduce dust to a minimum, (2) that the approved site plan be submitted consistent with
the Master Plan, (3) that a note be placed on the plan that the equipment shall not exceed
the heights and widths that are in the Code, and (4) that all cranes be stored in a down
position.
David Hawke. Hawke & Associates (Architects). 121 Heather Lane,
Delray Beach, FL (Representing Hunter Crane a/k/a Delray Land Holdings, LLC),
stated this site was owned by Shaw Trucking for the past 20 plus years and the site was
used for a dumping ground for concrete, concrete spoils, asphalt and commercial building
components along the Lake Worth Drainage end of the property and the western
boundary. He stated his client has purchased additional parcels besides the main four
acre pazcels. Mr. Hawke stated his firm was hired with other design professionals to get
their arms around the problem and meet the intent of the LDR requirements. He stated
the Planning and Zoning Board, Jasmin Allen and Paul Dorling have been working with
them to come up with what they deem as appropriate waivers. Mr. Hawke stated the
hold-up is that Hunter Crane could not get an occupational license because the site fell
short of the land development code and did not have the perimeter landscaping and the
amount of dust control and the number of parking spaces. He stated his client would
have paid for the occupational license but could not until he came into compliance.
There was no cross-examination or rebuttal.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Eliopoulos moved to adopt the Boazd Order (approving the waivers
and the conditional use request) as presented, 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.B. WAIVER REQUEST/COMMUNITY LAND TRUST, INC.: Consider
a request for waiver of Land Development Regulations (LDR) Section 4.1.4(D), "Use of
Lots of Record," and Section 4.7.12, "Other Incentives", governing the use of non-
conforming lots under the Workforce Housing Ordinance for one (1) 45.20 feet wide lot
submitted for permitting by Habitat for Humanity in partnership with the Community
Land Trust, Inc. The property is located at 303 S.W. 2"d Street. (Quasi-Judicial
Hearing)
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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 the item before
the Commission is a waiver to Section 4.1.4(D) and 4.7.12 of incentives governing the
use of non-conforming lots under the workforce ordinance for one lot that is-45.2 feet
wide submitted for permitting by Habitat for Humanities in partnership with the
Community Land Trust (CLT). The property address is 303 S.W. 2"d Street. Mrs. Butler
stated the workforce ordinance adopted in 2006 requires certain types of units that need
to be constructed and provides for certain design guidelines. She stated the house that
has been submitted for permitting does not meet either of those and the CLT has
determined the units that are designed specified within the ordinance do cost more than
what the typical homeowner can afford. Mrs. Butler stated staff has been revisiting that
section of the ordinance and will bring something back to the Commission so that staff
will not have to bring the waivers to the Commission in the future. Mrs. Butler stated
LDR Section 2.4.7(B)(5) allows the Commission to consider the waiver request with a
finding of fact that the granting of relief does not diminish the practical application of the
affected (requirement) and that by granting such relief a superior development product
will result. Staff recommends that the City Commission waive Section 4.1.4(D) and
Section 4.7.12 of the Land Development Regulations governing the use of non-
conforming lots associated with workforce units with a finding of fact pursuant to Section
2.4.7(B)(5).
Mayor Ellis stated if anyone from the public would like to speak in favor
or in opposition of the waiver request, to please come forward at this time. There being
no one from the public who wished to address the Commission regarding the waiver
request, the public hearing was closed.
There was no cross-examination or rebuttal.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. McDuffie moved to approve the Board Order as presented (approving
the waivers) seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -
Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote.
9_C. PUBLIC PARHING FEE SPACES/36 FIRST: Consider approval of a
request from 36 First to purchase four (4) public parking fee spaces in the amount of
$72,000.00 to accommodate the construction of a 2-story structure containing 5,355
square feet of office space, located at 36 S.E. 151 Avenue. (Quasi-Judicial Hearin
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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, Parking Management Specialist, stated 36 First is located
at 36 S.E. ls` Avenue in the Old School Squaze Historic Arts District. Parking
requirements for the Old School Square Historic Arts District are one space per 300
Squaze feet of use. The development proposal is a 5,355 Squaze foot office building
which will require 18 parking spaces. The proposal is a two-story building and the first
floor is going to have parking underneath the building and it is going to have 14 spaces
including one ADA compliant handicapped space. The applicant is requesting the
purchase of four (4) public pazking fee spaces in accordance with LDR Section
4.6.9(E)(4) of the Land Development Regulations which is $18,000.00 per area for a total
of $72,000.00. Mr. Aronson stated the Code has several stringent requirements one
within 600 feet of a public parking facility and the site is located within 100 feet within
the Federspiel Garage on S.E. ls` Avenue. No more than 25% of the required parking can
be allocated to public parking fees and in this case it does not exceed that 25%. No more
than 25% of the facility in its capacity can be sold at the Parking Fee Program (up to
eight parking spaces). He stated only four pazking spaces have been sold and that was for
the Block 69 office building which is right next door to the proposed site. Mr. Aronson
stated it also asks that where right-of--way exists that on-street parking be constructed.
The proposal proposes one new constructed space in front of the development on S.E. 151
Avenue which will be used by the general public at all times not reserved for the use.
Being that the spaces are office use, the spaces in the garage would be predominantly
used in the daytime when there is more availability in the garage. Policy C-4.2 of the
Delray Beach Comprehensive Plan supports the Downtown Delray Beach Master Plan
which speaks of shared pazking concepts and structured parking facilities and infill
development.
At its meeting of January 24, 2008, the Community Redevelopment
Agency (CRA) recommended approval of the applicant's request; at its meeting of
Januazy 29, 2008, the Parking Management Advisory Boazd (PMAB) recommended
approval of the applicant's request. Staff recommends approval of the request.
Francisco Perez-Azua, Architect, 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 public pazking fee spaces, to please come forwazd at this time.
There being no one from the public who wished to address the Commission regarding the
public parking fee spaces, the public hearing was closed.
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02/05/08
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).
Mrs. Montague moved to adopt the Board Order as presented, 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.
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. 38-07 (SECOND READING/SECOND PUBLIC
HEARINGI: City initiated amendments to the Land Development Regulations (LDR)
which intend to clarify the current regulations, provide parameters, and define compatible
development within the City's five (5) historic districts and individually designated
properties.
The caption of Ordinance No. 38-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH BY AMENDING SECTION 2.4.6, "PROCEDURES
FOR OBTAINING PERMITS", SUBSECTION 2.4.6(H),
"CERTIFICATE OF APPROPRIATENESS FOR HISTORIC
STRUCTURES, SITES, AND IN HISTORIC DISTRICTS",
PROVIDING CLARIFICATION OF THE REQUIREMENTS
AND PROCEDURES FOR OBTAINING A CERTIFICATE OF
APPROPRIATENESS; AMENDING SECTION 3.2.4,
"STANDARDS FOR SPECIFIC AREAS OR PURPOSES",
SUBSECTION 3.2.4(E), "HISTORIC DISTRICTS AND SITES",
PROVIDING FOR AND INCORPORATING THE DELRAY
BEACH HISTORIC PRESERVATION DESIGN GUIDELINES
AND THE SECRETARY OF THE INTERIOR'S STANDARDS
FOR REHABILITATION; AMENDING SECTION 4.1.4, "USE
OF LOTS OF RECORD", TO PROVIDE FOR VARIANCES;
AMENDING SECTION 4.3.3, "SPECIAL REQUIl2EMENTS
FOR SPECIFIC USES", SUBSECTION 4.3.3(Q), "GUEST
COTTAGE", TO PROVIDE THAT HEIGHT SHALL NOT
EXCEED THAT OF THE MAIN STRUCTURE IN HISTORIC
DISTRICTS; AMENDING SECTION 4.4.17, "RESIDENTIAL
OFFICE (RO) DISTRICT", SUBSECTIONS 4.4.17(A),
"PURPOSE AND INTENT", AND 4.4.17(G),
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02/05/08
"SUPPLEMENTAL DISTRICT REGULATIONS", PROVIDING
PARKING REQUIREMENTS FOR CONVERSION OF
RESIDENTIAL STRUCTURES INTO OFFICE USE IN
HISTORIC DISTRICTS; AMENDING SECTION 4.4.24, "OLD
SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)",
SUBSECTIONS 4.4.24(D), "CONDITIONAL USES AND
STRUCTURES ALLOWED" AND 4.4.24(H), "SPECIAL
DISTRICT REGULATIONS", CLARIFYING THAT PARKING
LOTS NOT ASSOCIATED WITH A USE MUST BE PUBLIC
AND CLARIFYING SPECIAL DISTRICT REGULATIONS;
AMENDING SECTION 4.5.1, "HISTORIC PRESERVATION
SITES AND DISTRICTS", SUBSECTIONS 4.5.1(B),
"CRITERIA FOR DESIGNATION OF HISTORIC SITES OR
DISTRICTS", 4.5.1(E), "DEVELOPMENT STANDARDS", AND
4.5.1(L), "DESIGNATION OF HISTORIC DISTRICTS", BY
CLARIFYING THE APPLICATION OF DEVELOPMENT
STANDARDS WITH RESPECT TO USE, ZONING DISTRICT
AND HISTORIC CLASSIFICATION; AND AMENDING
APPENDIX "A", "DEFINITIONS", TO PROVIDE A NEW
DEFINITION FOR "HARDSCAPE", AND TO PROVIDE
AMENDED DEFINITIONS RELATED TO HISTORIC
PRESERVATION; PROVIDING A SAVINGS CLAUSE, A
GENERAL REPEALER CLAUSE AND AN EFFECTNE DATE.
(The official copy of Ordinance No. 38-07 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this is to clarify the
intent of existing regulations and guidelines to objectively evaluate the compatibility of
proposed new development in both historic and non-historic development within the five
districts.
On January 3, 2008, the Commission considered this on first reading and
continued it with direction that the visible compatibility standards be amended to
eliminate the lot coverage and the number of stories section of the Code. Mr. Dorling
stated staff amended the Code and it came back to the Commission at the second meeting
in January and the City Commission approved it on first reading. He stated this
ordinance gives some regulatory tools to clearly define what is considered visually
compatible and includes a few tools including mandatory off-sets in the front facades, a
building height plane which provides the setting back of the second stories, requires off-
sets on the side facades, and a definition of a "First Floor Maximum Height". It also
includes two visual compatible incentives: (1) allows you to have a greater building
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02/05/08
height plane, allowing you to encroach if you provide certain features along the front of
the building more particularly porches, balconies and overlooks and (2) allows an
additiona125% to extend within this building height plane if you have at least 25% of the
building allocated to be one-story. It also adds language that all development proposals
aze consistent with one architectural style.
At its meeting of December 10, 2007, the Downtown Development
Authority (DDA) reviewed the amendments and recommended approval; at its meeting
of December 12, 2007, the West Atlantic Redevelopment Coalition (WARC) reviewed
the amendments and recommended approval; at its meeting of December 13, 2007, the
Community Redevelopment Agency (CRA) reviewed the amendments and recommended
approval; at its meeting of December 3, 2007, the Planning and Zoning Board considered
the amendments and continued the item. On December 17, 2007, the Planning and
Zoning Board unanimously recommended approval (5 to 0) of Ordinance No. 38-07. At
its meeting of December 6, 2007, the Historic Preservation Board (HPB) considered the
amendments and continued the item. The Historic Preservation Board (HPB)
recommended approval of the Ordinance by a 4 to 1 vote on December 19, 2007. Staff
recommends approval.
Mayor Ellis declared the public hearing open. There being no one from
the public who wished to address the Commission regazding Ordinance No. 38-07, the
public hearing was closed.
Mr. Fetzer stated there was discussion of removing the 300 block out of
the Marina District and asked the City Attorney where the City stands with this particular
issue that is not covered by this ordinance. The City Attorney stated this is still being
worked on. Mr. Fetzer stated the Commission had discussed possibly placing this issue
on the Workshop Agenda. It was confirmed that this issue will be placed on the
Workshop Agenda of Februazy 12, 2008.
Mr. McDuffie asked if there has been any progress made toward the grant
procedure for the studies to be performed on the districts. In response, Mr. Dorling stated
staff will not be hearing back until mid-February. Mr. Dorling stated staff has submitted
the applications and they are in review. Mr. McDuffie reiterated his stance that he would
very much like to see these studies and if they cannot get them done through the grant
process, he would like to find some budget funds to get them done.
Mrs. Montague stated as a follow-up to Commissioner McDuffie's
comments, she asked if staff could make calls and find out if we can get some estimates
for those dates because the budget discussions will be coming up very quickly. The City
Manager stated we will do that out of this yeaz's budget. Mr. Dorling stated those dates
have been fixed.
Mayor Ellis asked if this survey and~the volunteers that have been doing
this just involves the copying of documents related to those properties. Mr. Dorling
stated for the majority of this it entails documenting the additions and the original
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02/05/08
construction date of the structures and taking pictures. He stated it is really just gathering
data. Mayor Ellis asked for a reason as to why we want professionals to do that versus
volunteers. Mr. Dorling stated there have been concerns expressed that the findings
would be bias in one way or another. Mr. Dorling stated what the Commission has
suggested is that we make the future person that will be doing the surveys awaze that this
data has been collected and if they feel it is not sufficient then they can ask for additional
money to collect it or correct it or they can just accept the data and we would see the
corresponding reduction in their bid.
Mayor Ellis asked the Commission why they would not want to entertain
the use of volunteers for the collection of this data. Mr. Eliopoulos stated he was
assuming that the State has certain regulations that they look at when doing this type of a
survey and the fact that you need more information than this building was done in 1936
but what style is it and how it is a contributing structure and a professional opinion is
going to reinforce that.
Mr. Dorling stated what the volunteers have done is collect the data that
would then go to Ellen who is a historic preservation professional and she would analyze
the data and put it through the state process. He stated Ellen works for a firm that
collects the data and she is very familiar with the information that is necessary to come to
her conclusions.
Mr. McDuffie stated there have been numerous comments throughout this
process that in many cases we have used professionals as we should have and involve
them in the process. He stated it was his assumption to begin with that the surveys would
be done by people who are professionals in the historic business and would be very well
versed in doing the surveys. Mr. McDuffie stated he suggested that this be put out to bid
and allow the professional people who do this to elect to accept or reject what has already
been gathered. He stated the professionals will be able to tell if they meet the guidelines
and will have to sign their names to it. Therefore, Mr. McDuffie stated it would be
appropriate to give them the choice to accept or reject what has been gathered by
laypersons.
Mr. Eliopoulos stated if you review the minutes from the Planning and
Zoning meetings and the Historic Preservation Board meetings, the biggest issue has
been why the City has been consulting historic preservation planners throughout this
process. He stated there was even some criticism that the City is only using local
professionals and that we are not going to the preservationists that are planners.
Mayor Ellis stated if the work that has been gathered is sufficient, and it
appeared to her that it was just a collection of factual data. The Commission had talked
about saving a significant amount of money.
Mr. Fetzer stated Commissioner McDuffie's suggestion made a lot of
sense in that we are not going to just throw the data away but that we are going to have a
professional review that data and either accept it or reject it. Mr. Fetzer stated he feels
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02/05/08
this is a very good suggestion.
Mayor Ellis stated she agrees but asked what if the data turns out to be
perfectly acceptable would we not consider volunteers collecting the data any further.
Mr. McDuffie stated if the City is going to retain someone he feels it would be their
decision as to whether to accept it or reject it.
Mayor Ellis asked if the data is proven to be sufficient would the City
consider using volunteers to collect it and turn it over to someone we have hired to sign
their name to it. Mr. McDuffie stated he does not think we aze going to know that until
we engage someone to look at it. Mr. Eliopoulos stated in his field they do have to
review something before they are willing to take it and noted that there is some liability.
Mayor Ellis stated this is something the Commission can consider at a later time.
Mr. Eliopoulos moved to adopt Ordinance No. 38-07 on Second and
FINAL Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as
follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -
Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote.
10_B. RESOLUTION NO. 03-08/CONTRACT FOR SALE AND
PURCHASE OF PROPERTY/COMMUNITY REDEVELOPMENT
AGENCY/TRI-PARTY AND INTERLOCAL AGREEMENT• Consider approval of
Resolution No. 03-08 authorizing the City to sell certain real property located behind the
Old Delray Beach Library, for the development of the old library site; and approve a
Contract for Sale and Purchase between the City and the Community Redevelopment
Agency (CRA); and approve a Tri-Party and Interlocal Agreement between the City and
the Community Redevelopment Agency (CRA) which will allow the transfer/sale of Lots
14, 15, 16, 17 and 18 of Block 101 to the CRA to facilitate the ultimate transfer by the
CRA of the entire old library site to the Developer selected by the CRA for development
of the entire site. (THIS ITEM IS POSTPONED DUE TO NEWSPAPER ERROR IN
ADVERTISING)
The caption of Resolution No. 03-08 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE CITY SELL TO BUYER
CERTAIN REAL PROPERTY IN PALM BEACH
COUNTY, FLORIDA, LOCATED BEHIND THE OLD
LIBRARY, AS DESCRIBED HEREIN, HEREBY
INCORPORATING AND ACCEPTING THE
CONTRACT STATING THE TERMS AND
CONDITIONS FOR THE SALE AND PURCHASE
BETWEEN THE BUYER AND THE CITY OF DELRAY
BEACH, FLORIDA.
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02/05/08
(The official copy of Resolution No. 03-08 is on file in the City Clerk's
office.)
The City Attorney stated this is a resolution for adopting a contract for
sale and purchase and a tri-party agreement for the old library site. Due to an advertising
issue, the City Attorney suggested that the Commission postpone Resolution No. 03-08 to
a date certain of February 19, 2008.
Mr. Eliopoulos moved to postpone Resolution No. 03-08 to a date certain
of February 19, 2008, 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. RESOLUTION NO. 04-08/CONTRACT FOR SALE AND
PURCHASE OF PROPERTY/RICHARD LICASTRI AND ROSEMARY
CURRAN/126 N.W. 2 AVENUE - 136 N.W. 2 AVENUE: Consider approval of
Resolution No. 04-08 authorizing the City to purchase property located at 126 N.W. 2"a
Avenue through 136 N.W. 2"a Avenue for future expansion of the municipal complex;
and approve a Contract for Sale and Purchase between the City and Richard Licastri and
Rosemary Curran in the amount of $675,000.00 for the property located at 126 N.W. 2nd
Avenue through 136 N.W. 2na Avenue.
The caption of Resolution No. 04-08 is as follows:
office.)
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE CITY TO PURCHASE FROM
SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, AS DESCRIBED
HEREIN, HEREBY INCORPORATING AND
ACCEPTING THE CONTRACT STATING THE TERMS
AND CONDITIONS FOR THE SALE AND PURCHASE
BETWEEN THE SELLER AND THE CITY OF DELRAY
BEACH, FLORIDA.
(The official copy of Resolution No. 04-08 is on file in the City Clerk's
Brian Shutt, Assistant City Attorney, stated this resolution is for the
purchase of 126-136 N.W. 2"a Avenue located behind City Hall. He stated there are
approximately six duplex units and five of them have tenants in them and the City would
be purchasing the property and allowing the tenants to stay in the property.
Mayor Ellis declared the public hearing open. There being no one from
the public who wished to address the Commission regarding Resolution No. 04-08, the
public hearing was closed.
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02/05/08
Mrs. Montague asked if the City is going to be inspecting the properties
and making any upgrades that would be necessary for the tenants. The City Manager
stated the City has inspected the properties and have determined what should be done to
them. The City Manager stated there are six units and one is vacant. Two of the units are
in worse shape than the other four. The City Manager stated he and Mrs. Butler
discussed that as soon as we have a vacancy occur to keep those four units and demolish
the one building with the two worse units in it. The City Manager stated in the
meantime, the City will do what needs to be done minimally to keep it in a safe and
secure condition.
Mr. Eliopoulos inquired about whether an appraisal was done on this
property. In response, the City Attorney stated the City did an appraisal of this property
and the appraisal gave no value to the buildings but it was $650,000.00 and noted that
there is some value to the buildings.
Mrs. Montague moved to approve Resolution No. 04-08, seconded by Mr.
Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Montague -Yes;
Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said
motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 11, Comments and
Inquiries on Non-Agenda Items from the City Manager and the Public.
11_A. City Mana¢er's response to prior public comments and inquiries
With regard to Lois Brezinski's concerns about crime in her
neighborhood, the City Manager stated she reported hearing gunshots on occasions
within the last three weeks. The City's records reveal one call of gunshots which was
received from Ms. Brezinski two weeks after she spoke at the City Commission Meeting.
The City Manager stated the City has no other record of anyone calling to report that.
There was a robbery three blocks from the residence on Christmas Eve and in that case
the victims were approached by two of the suspects as they exited their vehicle and
demanded their property. It appears the suspects followed the victims and approached
them as they exited their vehicle and detectives are actively investigating this case. The
City Manager stated Ms. Brezinski also raised a concern about an alarming number of
break-ins and suspicious incidences. During the same time and location search there
were no burglaries. There have been several thefts and suspicious incidences but no
burglaries. With regard to the number of suspicious incidents, the City expects this
number to be increased because people are encouraged to call when they see something
suspicious in the community. The City has said this many times to residents and
merchants and has emphasized it at association meetings and it has proven to lead to
preventing and solving crime. As far as Ms. Brezinski's assertion that there was gunfire
at night and it is partially a result of gang violence in the neighborhood, the lack of calls
does not appear to support her claim. The City's records show no indication of gangs or
gang activity in that neighborhood. The City will continue with proactive controls
throughout the neighborhood and we will be sending beat officers for that area to
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02/05/08
introduce themselves and discuss with Ms. Brezinski her concerns and share with her our
efforts in protecting her community.
11.B. From the Public.
None.
At this point, the time being 7:23 p.m., the Commission moved to Item
12, First Readings.
12. FIRST READINGS:
12_A. ORDINANCE NO. 02-08: City initiated amendment to the Land
Development Regulations (LDR) Sections 4.4.13(C), and 4.6.9(E)(4), to apply minimum
property vacancy period requirements for mechanical parking lifts, in-lieu of parking
fees, and public parking fees for in-fill developments within the Central Business District
(CBD) and also to Appendix "A", Definitions, to amend the definition of In-Fill
Development. If passed, a public hearing will be scheduled for February 19, 2008.
The caption of Ordinance No. 02-08 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES,
BY AMENDING SECTION 4.4.13, "CENTRAL
BUSINESS (CBD) DISTRICT", SUBSECTION
4.4.13(C), "ACCESSORY USES AND STRUCTURES
PERMITTED" TO PROVIDE THAT MECHANICAL
PARKING LIFTS ARE A PERMITTED USE FOR AN
IN-FILL DEVELOPMENT PROJECT THAT HAS
BEEN VACANT FOR A MINIMUM PERIOD OF
ONE YEAR; AMENDING SECTION 4.6.9, "OFF-
STREET PARKING REGULATIONS", SUBSECTION
4.6.9(E), "LOCATION OF PARKING SPACES", SUB-
SUBSECTIONS 4.6.9(E)(3), "IN-LIEU FEE", AND
4.6.9(E)(4), "PUBLIC PARKING FEE", TO PROVIDE
THAT IN-LIEU FEES AND PUBLIC PARKING FEES
ARE AVAILABLE FOR IN-FILL DEVELOPMENTS
THAT HAVE BEEN VACANT FOR A PERIOD OF
FIVE YEARS OR LONGER; AMENDING
APPENDIX "A" TO PROVIDE A REVISED
DEFINITION FOR IN-FILL DEVELOPMENT;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTNE DATE.
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02/05/08
(The official copy of Ordinance No. 02-08 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 was before the
Commission last month and it was continued over some concerns about how to amend
the infill definition. This revision addresses those concerns and applies a minimum
property vacancy period requirement for options like mechanical parking lifts and in-lieu
fees. The City Commission recently added the single level mechanical lifts as an allowed
use in the CBD (Central Business District). The current definition for in-fill would
restrict the using of those two properties which were vacant for more than five years.
This amendment will establish a one year period over which the parcel must remain
vacant before it can utilize the mechanical lift option. Mr. Dorling stated it does continue
to retain the five year vacancy requirement for the utilization of in-lieu fees and public
parking fees. Staff believes this meets the intent and addresses the concerns that the City
Commission had initially.
At its meeting of November 19, 2007, the Planning and Zoning Board
considered the text amendment and recommended approval with a 6 to 0 vote. Mr.
Dorling stated although staff-has amended the ordinance since then, the ordinance still
meets the same intent. Staff recommends approval.
Mr. Fetzer moved to approve Ordinance No. 02-08 on FIRST 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.
12_B. ORDINANCE NO. OS-08: Consideration of a rezoning from Special
Activities District (SAD) to Open Space and Recreation (OSR) fora 0.72 acre City
owned parcel, located east of the recently approved Midtown Delray mixed-use
development (F.K.A. Bloods Hammock Grove) and west of Orchard View Park. If
passed, a public hearing will be scheduled for February 19, 2008.
The caption of Ordinance No. OS-08 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED SAD (SPECIAL ACTNITIES DISTRICT) TO
OSR (OPEN SPACE AND RECREATION)
DISTRICT; SAID LAND BEING A PARCEL
LOCATED EAST OF MIDTOWN DELRAY (FKA
BLOOD'S HAMMOCK GROVES) AND WEST OF
ORCHARD VIEW PARK, AS MORE
PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRAY BEACH,
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02/05/08
FLORIDA, APRIL 2007"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. OS-08 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 is a rezoning
from SAD to Open Space OSR fora 0.72 acre City owned pazcel located east of the
recently approved Mid-Town Delray Mixed Use Development formerly known as
Blood's Grove and west of the existing Orchard View Pazk. During that approval for
Mid-Town it was discovered that this pazcel which was originally part of the larger SAD
(Special Activities District) was now separated by a road. He stated it is appropriate to
change the zoning from SAD (Special Activities District) to the OSR (Open Space and
Recreation).
At its meeting of January 28, 2008, the Planning and Zoning Board
considered the zoning request and the Boazd recommended approval with a 6 to 0 vote.
Mr. McDuffie moved to approve Ordinance No. OS-08 on FIRST Reading,
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.
12_C. ORDINANCE NO. 07-08: City initiated amendment to the Land
Development Regulations (LDR) Section 2.4.3, "Submission Requirements", Subsection
2.4.3(K), "Fees", Subsection 2.4.3(K)(1), "Development Applications", to provide for an
increase in certain development application fees. If passed, a public hearing will be
scheduled for February 19, 2008.
The caption of Ordinance No. 07-08 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES,
BY AMENDING SECTION 2.4.3, "SUBMISSION
REQUIREMENTS", SUBSECTION 2.4.3(K), "FEES",
SUB-SUBSECTION 2.4.3(K)(1), "DEVELOPMENT
APPLICATIONS", TO PROVIDE FOR AN
INCREASE IN CERTAIN DEVELOPMENT
APPLICATION FEES; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
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02/05/08
(The official copy of Ordinance No. 07-08 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 is limited to two
specific land use fees. The first relates to extension requests for previously approved
projects which have both a conditional use and site plan approval associated with it. The
second is the fee charge for review of single family homes in the north beach and the
Seagate Overlay Districts. The first change will require a sepazate fee for both the
conditional use and the site plan. Those extension requests require sepazate review,
prepazation reports to two separate Boards, and staff preparation before each of those
Boazds. Mr. Dorling stated it appears appropriate to charge a fee for each action. The
second change includes an increase in the overlay fees commensurate with the concept
plan fee (a review process). The fee that is charged is really a pass through to Urban
Design Studios and there is no fee that the City collects for any of neither its review nor
its transmittal of those plans by FedEx to Urban Design Studios. Staff is proposing to
add the concept plan fee to the fee that is passed through Urban Design Studios.
At its meeting of January 28, 2008, the Planning and Zoning Board
considered the text amendment and recommended approval with a 6 to 0 vote.
Mr. Eliopoulos moved to approve Ordinance No. 07-08 on FIRST
Reading, 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.
12_D. ORDINANCE NO. 10-08: An ordinance creating Chapter 94,
"Municipal Cemetery", of the Code of Ordinances by enacting Section 94.01,
"Authority", to provide for rules and fees for the municipal cemetery. If passed, a public
hearing will be scheduled for February 19, 2008.
The caption of Ordinance No. 10-08 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
CREATING CHAPTER 94, "MUNICIPAL CEMETERY"
OF THE CODE OF ORDINANCES BY ENACTING
SECTION 94.01, "AUTHORITY", TO PROVIDE FOR
RULES AND FEES FOR THE MUNICIPAL
CEMETERY; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTNE
DATE.
(The official copy of Ordinance No. 10-08 is on file in the City Clerk's
office.)
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02/05/08
The City Attorney read the caption of the ordinance.
Brian Shutt, Assistant City Attorney, stated since the City of Delray Beach
recently took over the management of the cemetery. Staff looked at the rules that were in
effect and realized that we needed to do a major overhaul on those. Mr. Shutt stated we
needed an enforcement mechanism from the City saying these are the rules and
regulations that are in place and that govem the cemetery. Mr. Shutt stated the City
Commission can change those rules and regulations by resolution from time to time. In
addition, he stated this would also govem fees as well. Mr. Shutt stated staff is also
working on the rules and regulations and those will be available on February 19, 2008
when this ordinance is considered on second reading.
Mrs. Montague moved to approve Ordinance No. 10-08 on First Reading,
seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr.
McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -'Yes; Mr. Eliopoulos -Yes; Mr.
Fetzer -Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 9.D., of the Regular
Agenda.
9_D. SPECIAL EVENT REQUEST/ASIAN FOOD FAIR AND
CULTURAL SHOW: Approve a special event request to allow the 5~ Annual Asian
Food Fair and Cultural Show sponsored by the Bangladesh Association of Florida, to be
held on April 19-20, 2008 from 10:00 a.m. until 10:00 p.m. on the grounds of Old School
Square and in the Old School Square surface pazking lot, granting a temporary use permit
per LDR Section 2.4.6(F) for street closure and use of the Old School Square surface
parking lot and City Hall parking lots; authorize staff support for security and traffic
control, site clean up and trash removal, barricading, EMS assistance and event signage;
contingent upon receipt of a certificate of general liability insurance, state inspection
certificate, and a hold harmless agreement. The applicant is requesting a reduction in
City costs.
Robert A. Barcinski, Assistant City Manager, stated this is for the City
Commission to consider approval of the 5`h Asian Food Fair and Cultural Show proposed
to be held on April 19-20, 2008 10:00 a.m.-10:00 p.m. on the grounds at Old School
Square and the surface lot of the Old School Square parking lot, provide assistance as
requested for traffic control and security, site clean up, EMS assistance and event
signage. The event producer also has requested consideration of a reduction of payment
of the City costs. The permit with all the backup material which included the site plan, a
revised budget based on the City's actual costs, and a Certificate of Insurance were
included. He stated there will be no alcoholic beverages. The estimated overtime costs
for the event are $13,635.00 with an estimated additional costs for signage $250.00 and
$210.00 for trash boxes. Per the City's event procedures and policies, this is anon-profit
but not incorporated in the City of Delray Beach and they aze required to pay 100% of the
costs. Staff recommends that we do not reduce those costs and that we uphold the
policies and procedures because of the precedent it may set. Staff recommends approval
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02/05/08
of the event and the staff support with the conditions: (1) the City is to be provided with
a Certificate of Liability Insurance from the amusement ride company, (2) copy of the
State Inspection Certificate for the amusement rides prior to operating the rides. (3) The
City Hold Harmless Agreement and (4) payment of 100% of the City costs.
Mrs. Montague moved to approve the Special Event Request per staff
recommendations, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as
follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -
Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote.
9_E. AMENDMENT NO. 1 TO THE AGREEMENT/WIFI
SERV_ICES/DELRAY BEACH WI-FI. INC.: Consider approval of Amendment No. 1
to the Wireless Broadband Agreement between the City and Delray Beach WI-FI, Inc.;
and Consent to Assignment with e-Path Communications of Delray Beach, Inc. regarding
the wi-fi system through out the entire City.
Brian Shutt, Assistant City Attorney, stated the Commission may have
received copies of emails he sent them earlier today regarding some conversations he
had. In speaking with Mr. Joseph Tortoretti, President and CEO of e-PATH
Communications, Inc. a few minutes ago he believes they would be willing to execute the
amendment as it is presented before the Commission tonight. Mr. Shutt stated this
amendment relates to the Wi-Fi Agreement that the City had originally signed in May
2007. During that time, the City had an initial timeframe that they would need to get free
service up and running along Atlantic Avenue and that would need to be completed by
azound mid-November 2007 and that was not done. Mr. Shutt stated they are requesting
that the City give them until April 4, 2008 to have the free service up along Atlantic
Avenue. Mr. Shutt stated in the backup material there is a map that shows a little boot
area and this is why this maybe did not go quite as quickly as what the City thought it
would. He stated Mr. Tortoretti had to get consent from FPL in order to put their
antennas on their poles. He stated FPL is replacing some of the poles in that area and
they do not have the okay from FPL to do that. They aze anticipating that sometime in
2009 FPL will have that completed but this is not definite. Mr. Shutt stated they believe
in that boot area that covers Atlantic Avenue they will not be able to go the three blocks
north or the three blocks south but they can probably hit the paved azea of Atlantic
Avenue just from coverage through other antennas in that area without using the FPL
poles and they would have to have that completed by April 7, 2008. After they get the
pre-service azea up then they would have 90 days to complete the Wi-Fi service azea east
of I-95 excluding the area that is shaded and 90 days afrer that they would be able to
complete the area west of I-95. He stated they will be providing the City of Delray Beach
with 100 free computers and 200 families will receive free Wi-Fi service. When the Wi-
Fi service became available in those azeas the City had pinpointed people who would
receive the computers. Staff has amended this language that once the City gives them the
names as far as the people the City wants to receive the computers, within ten (10) days
then they will provide the free computers. The other provision is that the free computers
will also be upgraded from 512 to 1 gigabit of Mb RAM and the upgrade network
provision has been amended to have some language that if there are other wireless
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02/05/08
networks up then we would try and keep this comparable to other areas that are out there
so as to not fall behind technology wise. Delray Beach Wi-Fi is also requesting an
assignment from the Delray Beach Wi-Fi, LLC to e-PATH Communications, Inc., and in
order to do this staff would request that one of the previous managing entities of Delray
Beach Wi-Fi, LLC sign a Consent to Assignment Form.
The City Attorney stated one of the concerns is unless all parties sign the
Consent to Assignment then staff could not recommend to the Commission to approve at
this time and noted that this is an issue that needs to be clarified. The City Attorney
stated Mr. Shutt talked to Mr. Tortoretti who indicated that he is okay with this
agreement; however, the City needs to make sure that the Consent to Assignment is
agreed to by all parties.
Vincent Mento, CEO for ATC International and Manaain2 Partner of
the Delray Beach Wi-Fi, stated they are still working with e-PATH Communications,
Inc. and the road blocks that they ran into had nothing to with City of Delray Beach but
rather with FPL and they have experienced this in other cities. He stated the only reason
he has not signed this agreement to transfer it over is not because he has any objections
but rather there are certain legal documents that needed to be prepared and those have not
been prepared.
Joseah A. Tortoretti, President and CEO of a-PATH
Communications, Inc., thanked the City Commission for the opportunity to speak this
evening regarding the request to increase the time to constmct the network. He briefly
explained the reasoning behind the delay and apologized if this put any pressure on the
City that they did not anticipate when they started.
Mr. Tortoretti stated BelAir is a company that was actively involved with
Wi-Fi and Wi-Max Development for wireless applications and they are currently the
world leader in that technology and they aze based in Ottawa. Mr. Tortoretti stated they
have networks and operation in several countries and the benefits of BelAir Technology
gives them the ability to provide multiple frequencies and the ability to provide
bandwidth and upgrades with much more flexibility than most vendors. Mr. Tortoretti
stated the technology is better suited for e-PATH applications and stated BelAir is one of
their vendors and they use their equipment for access devices.
Kevin Tyler, BelAir, stated BelAir has been around for approximately
four years and is number one in the sales of access points throughout the world. He
stated his company does not just specialize in video but specializes in voice and data as
well.
The City Attorney stated this agreement is strictly Wi-Fi for the public in a
free zone through the middle of the City of Delray Beach and it has nothing to do with
City services nor was the Request for Proposal (RFP) for City services.
Brief discussion between Mr. Tortoretti and staff continued.
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02/05/08
The City Attorney stated this amendment does not tie the City into any
services for the Police Department or anything else. She stated there has been a big push
via emails for meetings to determine what the needs of the Police Department may be or
not. The City Attorney stated that is not part of this agreement and noted that the Police
Department needs to really investigate whether anything like this would be appropriate
for them because they have sensitive data and needs a network that responds immediately
when they are on the road stopping people and have that public safety responsibility. The
City Attorney suggested that the Commission not approve this agreement or the Consent
to Assignment until the City of Delray Beach has a signed Consent to Assignment that is
appropriately signed with corporate resolution indicating that they have the power to bind
their corporation. She also suggested that there be a rationale meeting to discuss this.
The City Attorney suggested that the Commission postpone this until
February 19, 2008 and this will give staff a week to meet again and work out those issues
on training and include some digital inclusion language and give the opportunity for the
Police Department to speak with them and get an idea of what they are asking. The City
Attorney stated the City had an agreement where timelines were not met and this
amendment would extend those time limits.
After a lengthy discussion, it was the consensus of Commission to
postpone this item to a date certain of Tuesday, February 19, 2008.
9_F. APPEAL OF WAIVER DENIAL/BRU'S ROOM: Consider an appeal
received from Mr. Brudzinski regarding the City Manager's denial of his request to
expand his business license premise to allow the consumption of alcoholic beverages on
the Ocean City Lumber Parking lot property on March 15, 2008 from 11:00 a.m. to 11:59
p.m. for the St. Patrick's Day Parade. Staff recommends denial of the appeal. (Quasi-
Judicial Hearing)
This item was made aQuasi-Judicial Hearing.
Robert A. Barcinski, Assistant City Manager, stated this item is for the
City Commission to consider an appeal received from Mr. Brudzinski on behalf of Bru's
Room to the City Manager's denial of his request to expand his business license premise
to allow the consumption of alcoholic beverages on the Ocean City Lumber Parking lot
property on March 15, 2008 from 11:00 a.m. until almost midnight. Per Section
113.02(B) of the Code of Ordinances, Mr. Brudzinski has appealed this decision. The
denial was based on three things: (1) We are not approving the expansion of business
license area for any private businesses, (2) This year the event producer has been
approved for a similar set up on the Old School Square surface parking lot from 11:00
a.m. to 7:30 p.m. where they will be selling food, entertainment to help them raise money
to off-set their costs and build their scholarship fund, (3) we received numerous
complaints from our Police Department.
Mrs. Montague inquired as to what happened last year.
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02/05/08
Officer Tom Mitchell, Police Department, stated Bru's Room applied for a
permit and his understanding is it was approved to have an outdoor venue. Mr. Mitchell
stated it was supposed to be contained to their azea and the street was closed off on N.E.
3rd Avenue. He stated the crowd got too lazge for their staff to handle and he spoke to
management on several occasions and they assured Officer Mitchell that they would
control their establishment and they never did. Officer Mitchell stated they started to
have alcohol go onto the railroad tracks and proceed east and this became a public safety
issue not only with the train crossing but then people stumbling into the roadway. He
stated they were inadequately staffed while physical altercations occurred and finally
through one of the manager's cooperation of this local Bru's Room with himself they
were able to remove the amplified music and the outdoor bar and then gain control to the
point where Officer Mitchell stated he had to close the entire road and shut down all of
the outside activity.
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). It was the consensus of the City Commission to deny the
appeal.
Mr. Eliopoulos moved to adopt 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 to approve the Board Order (denying the appeal) passed with a 5 to 0 vote.
At this point, Mr. Brudzinski stated the day the St. Patrick's Day Parade is
held is the biggest sales day for Bru's Room for the whole year. He stated they held the
event on the east side of the building and they would like to move it to the north side of
the building and fence it in and they would like to put an extra port-a-potty trailer there
(although there are already restrooms) and have security. Mr. Brudzinksi stated they
would keep the railroad avenue clear because it would be all fenced in. He stated they
have a site plan and Meisner Electric has given them permission and stated this is a very
important day for Bru's Room.
Brief discussion continued between Mr. Brudzinski and the Commission.
After brief discussion, it was the consensus of the Commission to leave
the motion and their decision as is.
9_G. MULTIPLE AWARDS/AUTOMOTIVE PARTS ANNUAL
CONTRACT: Consider approval of multiple awards to bidders in an estimated annual
cost of $75,000.00 for the purchase of automotive parts stocked in the Purchasing
Wazehouse. Funding is available from various departments operating budgets.
The City Manager stated this is on the Regular Agenda because some of
the items are not to the bidder and each one is explained in the backup material.
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02/05/08
Mrs. Montague moved to approve the multiple awards to bidders in an
estimated annual cost of $75,000.00 for the purchase of automotive parts stocked in the
Purchasing Warehouse, seconded by Mr. Eliopoulos. 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.H. AUTHORIZATION TO HIRE OUTSIDE COUNSEL/CITY OF
DELRAY BEACH V. MARGUENE ST. JUSTE: Consider authorizing the City to
hire Kaza Rockenbach, Esquire to handle the Oral Argument in the Appellate Case of the
City of Delray Beach v. Marguene St. Juste at the rate of $225.00 per hour.
In June 2007, the Trial Court found the City of Delray Beach 60%
negligent in a dog bite case entitled Marguene St. Juste v. Keli Nowling and the City of
Delray Beach.
The City Attorney stated this is a request to hire outside counsel for the
Oral Argument in the Marguene St. Juste dog bite case. The City Attorney requested the
appointment of Kara Rockenbach, appellate lawyer with the office of Gaunt, Radford,
Methe and Rockenbach.
Mr. McDuffie moved to approve authorization for the City of Delray
Beach to hire Kaza Rockenbach, Esquire to handle the Oral Argument in the Appellate
Case of the City of Delray Beach v. Marguene St. Juste, 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_I. BID AWARD/ACCURATE EVENT SERVICES: Consider approval
of a bid award to Accurate Event Services in the amount of $39,702.91 for private
security services for the International Tennis Tournament. Funding is available from
001-4210-575-55.40 (General Fund/Tennis Tournament).
Robert A. Bazcinski, Assistant City Manager, stated this is a request for
the City Commission to approve a bid award for private security to Accurate Event
Services for the International Tennis Tournament (ITT). Mr. Barcinski stated private
security services will go from February 4-18, 2008.
Mr. Fetzer moved to approve the bid awazd to Accurate Event Services in
the amount of $39,702.91, seconded by Mrs. Montague. Upon roll call the Commission
voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr.
Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote.
9_J. PROPOSED INCREASE IN PAVILION, FIELD AND FACILITY
RENTALS FEES: Consider approval of a proposed increase in Pavilion, Field and
Facility Rentals Fees and implementing a charge for the use of fields.
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02/05/08
Tim Simmons, Acting Director of Parks and Recreation, stated after some
research staff discovered that these fees have not been increased for park pavilions and
facilities in approximately 12 yeazs. He stated the City of Delray Beach does not
currently charge on the ball fields.
After brief discussion, Mr. Simmons clarified that the increase in fees for
park pavilions and facilities have not been increased in 12 years but the fees will be
nominal. In addition, he stated there will now be a fee charged for use of the ball fields
where in the past no fee was charged.
Mr. Eliopoulos moved to approve the proposed increase in Pavilion, Field
and Facility Rental Fees and implementing a charge for the use of fields as submitted,
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.
At this point, the time being 8:31 p.m., the Commission moved to Item
13, Comments and Inquiries on Non-Agenda Items.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manaeer
The City Manager stated last week the City received the Housing
Leadership Council Award with Palm Beach County for workforce housing in Delray
Beach. He stated the Housing Leadership Council has developed a scoring system and
they scored Palm Beach County a point higher than Delray Beach and the City of
Boynton Beach scored approximately 10-12 points below Delray Beach. The Housing
Leadership Council gave a special awazd to the Palm Beach County School District for
their down payment assistance they aze giving for teachers.
Secondly, the City Manager stated he had his last interview today with the
Parks and Recreation Director candidates and a decision will be made within the next
week.
Lastly, he stated he will be going to the Florida Manager's Winter Institute
in St. Augustine. The City Manager stated he will be leaving tomorrow and will be back
on Friday evening. He noted that he will be available by cell phone if the Commission
needs him for anything.
13.B. City Attorney
The City Attorney stated the King's Market has decided not to have a
market at the Old School Square Garage retail space. She stated they have an alternate
proposal that would operate in a manner similar to Panera Bread or other kinds of
establishments where you order the food and they bring it to you and you pay for it. The
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02/05/08
City Attorney stated that the City has been trying to negotiate a contract on the King's
Market and suggested that this be placed on the February 12, 2008 Workshop Meeting as
a special item to discuss how the Commission would like to proceed in this case.
13.C. Citv Commission
13.C.1. Mr. Fetzer
Mr. Fetzer stated he believes at the February 12, 2008 Workshop Meeting
the Commission talked about having some discussion on economic development and
noted there is a new Committee or Task Force with the Chamber of Commerce. He
stated he would really like to see the Chamber kept in the loop and work closely with the
City of Delray Beach on this.
It was the consensus of the Commission to give a special invitation to the
Chamber of Commerce people who are working on this issue and that they be part of this
discussion.
13.C.2. Mr. Eliopoulos
Mr. Eliopoulos stated he would like to send his thoughts and prayers out to
Perry DonFrancisco's mother who passed away and also John Miller, Sr. passed away.
Secondly, he stated the Town Hall Meeting was great.
Lastly, Mr. Eliopoulos congratulated the Miami Dolphins and the New
York Giants and noted they must be very happy. However, he stated New England fans
are not very happy.
13.C.3. Mr. McDuffie
Mr. McDuffie stated he and the City Manager attended a meeting during
the multi-meeting week and the School Board of Palm Beach County awarded the City of
Delray Beach for receiving the Sunspra Leading Light Awazd for the collaboration effort
for the Construction Academy at Atlantic High School.
Secondly, he stated the S.D. Spady Chorus is requesting support from the
City of Delray Beach and commented that the City of Delray Beach has supported the
S.D. Spady Chorus in the past for students participating in the National Honor Choir.
Mr. McDuffie discussed the Delray Beach National and the Delray Beach
American League and the progress that is going on. He respectfully requested that staff
do no more press releases regarding this because it was not properly worded and there
were errors in it and that staff speaks to him before releasing anything. Mr. McDuffie
stated there are youth sports leagues that are stepping on each other and because there aze
so many different sports going on in so many different places and we have children who
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02/05/08
would like to play multiple sports, we have lots of overlapping. Mr. McDuffie suggested
having somebody oversee the facilities and that the League Presidents meet with a
representative from the City in scheduling all of these facilities. He stated there are some
conflicts that aze causing some problems with seasons. Mr. McDuffie stated he has an
offer fora $20,000.00 grant and noted he will write a letter this week. He stated he spoke
to both Boards regarding the signage and it was decided that 32 feet would be the
acceptable maximum feet for signage. Mr. McDuffie stated there is a potential donor
who offered to assist with the gap in the funding at Miller Park.
He stated that a City run T-Ball program was started this year and if this is
successful he would like to see this sucked into these Little League Programs; however, if
there is any City funding that goes into it the Little League will take the Charter away
from them. Mr. McDuffie stated it would be a boost to both those programs to take the
T-Ball group from the City and funnel them through the Little League. The City
Manager stated the T-Ball group is designed to dovetail with the American League and it
should not be a problem.
Lastly, he stated he had a great time at the Roundtable Meeting and his
table was vibrant and they had some exciting ideas. Mr. McDuffie stated Jayne King's
idea last year was to get rid of the ocean outfall and this will happen in the spring of
2009. He stated although that one suggestion did not make the top ten it will actually be
done.
13.C.4. Mrs. MontaEUe
Mrs. Montague requested that the Roundtable responses be emailed to her.
Secondly, she stated last Saturday (February 2, 2008) she and Mayor Ellis
had the pleasure of meeting and having a brief breakfast with the Housing and Urban
Development (HUD) Secretary Alphonso Jackson. Mrs. Montague stated the City of
Delray Beach in partnership with Auburn Group, the Delray Beach Housing Authority,
and the Community Redevelopment Agency (CRA), the Community Land Trust (CLT)
are finalists as far as the HOPE VI Grant is concerned ($20 million grant). She stated
this grant is for "The Villages" which is going to be placed on the Carver Estates site.
Lastly, Mrs. Montague announced that there will be a Ribbon Cutting
Ceremony on February 23, 2008 at 3:00 p.m. at Donnie's Place and she hopes to see
everyone there.
13.C.5. Mavor Ellis
Mayor Ellis echoed comments expressed by Commissioner Montague
regazding the meeting with HUD Secretary Alphonso Jackson.
Secondly, she stated she is pleased with how the Town Hall Meeting went
and noted that there were great suggestions and ideas.
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02/05/08
She stated Commissioner McDuffie provided her with the figure of $2.5
million that the additional homestead will cost the City of Delray Beach in this year's
budget (fiscal year 2008/2009).
Mayor Ellis congratulated Commissioner Fetzer and Commissioner
Montague for having their petitions in.
There being no further business, Mayor Ellis declared the meeting
adjourned at 9:07 p.m.
City Clerk
ATTE
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on February 5, 2008, which Minutes were formally approved and adopted by the City
Commission on February 19, 2008
~~1N
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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02/05/08
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE AND WAIVER REQUEST FOR HUNTER CRANE
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This conditional use and waiver requests has come before the City
Commission on February 5, 2008.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use and waiver requests
for Hunter Crane. All of the evidence is a part of the record in this case. Required
findings are made in accordance with Subsections I, II and III.
I. COMPREHENSIVE PLAN
a. Comprehensive Plan -Future Land Use and MaD: Is the future use and
intensity of the development consistent with the future land use map and
comprehensive plan and is it appropriate in terms of soil, topographic, and other
applicable physical considerations, is complementary to adjacent land uses, and fulfills
remaining land use needs.
Yes X No _
b. Concurrence: Concurrency as defined pursuant to Objective B-2 of
the Land Use Element of the Comprehensive Plan must be met and a determination
made that the public facility needs of the requested land use and/or development
application will not exceed the ability of the City to fund and provide, or to require the
provision of, needed capital improvements for the following areas:
Are the concurrency requirements met as respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Yes X No
~~-eyy- q. A
II. LDR REQUIREMENTS:
LDR Section 2.4.5(E) Reaulred Findings: (Conditional Usel: Pursuant to
Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not:
Have a significantly detrimental effect upon the stability of the
neighbofiood within which it will be located;
ii. Hinder development or redevelopment of nearby properties.
Will Section 2.4.5(E)(5) be met?
Yes X No
III. WAIVERS:
Pursuant to LDR Section 4.4.19(D)(2)(g)(ii) property that is used for the storage and
rental of construction equipment must be buffered by a 6' high wall or berm. The
applicant has requested a waiver from this requirement to allow a 3' high berm.
Pursuant to LDR Section 4.4.19(D)(2)(g)(iii) property .that is used for the storage and
rental of construction equipment must have a 10' minimum landscape buffer around the
perimeter of the property. The applicant has requested a waiver of this requirement
along a 90' portion of the east property line
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; or,
(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 4.4.19(D)(2)(g)(ii) to reduce the berm requirement from 6'
to 3' for the property comply with the requirements of 2.4.7(8}(5)?
Yes X No
Would the waiver of Section 4.4.19(D)(2)(g)(iii) to waive the 10' landscape buffer
requirement along a 90' portion of the east property line of the property comply with the
requirements of 2.4.7(8)(5)7
Yes X No
3. The comments and notes set forth in the staff report are hereby
incorporated herein.
4. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the conditional use and waiver requests were
submitted.
5. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
6. Based on the entire record before it, the City Commission approves X
denies _ the conditional use request and waivers set forth above subject to the
Conditions set forth in Exhibit A and Technical Items set forth in Exhibit B, attached
hereto and made a part hereof, and hereby adopts this Order this 5'" day of February,
2008, by a vote of 5 in favor of denial and 0 opposed.
. ~~~. ~~
,~ t:; :3~ ~, : Rita s, Mayor
ATTEST:.,;+--~_~.. ,~~°
City. Cli3~k " -o =.( ~::s' . '''`
3
EXHIBIT A TO THE CONDITIONAL USE AND WAIVER REQUEST FOR HUNTER
CRANE
CONDITIONS
1. That the site plan and landscape plan be modified to specifically illustrate that the
storage and parking areas for the equipment will be treated with crushed asphalt
which will be maintained at adequate levels of compaction to reduce dust. In
addition, that the area not designated as storage and parking areas will be
landscaped with permanent plant materials not requiring permanent irrigation such
as Bahia Sod.
2. Approval of a site plan by the Site Plan Review and Appearance Board that is in
general conformance to the submitted site plan accompanying this conditional use
request and that addresses F~chibit "A" -Technical Items and conditions of approval
attached in the staff report;
3. That the site plan be revised to note that the equipment to be stored shall not
exceed 100 feet tong, 14 feet wide and 15 feet high.
4. That all cranes must be stored in the down position.
1 of 1
EXHIBIT B TO THE CONDITIONAL USE AND WAIVER REQUEST FOR HUNTER
CRANE
TECHNICAL ITEMS
1. Revise the boundary survey and canal cross-section to be tied to Tracts 38 and 39,
of the plat of Model Land Company Section 18/46/43, PB 6 page 51.
2. On the landscape plan dimension the landscape buffer along the north property line.
3. Revise the site plan to accurately reflect the property boundaries. The depicted
property line is not consistent with the survey along the east property line.
4. Revise the site plan and engineering plan to be consistent with the landscape plan to
show the landscape islands within the parking tier located south of the modular
building.
5. Revise the landscape plan and site plan sheets to show the limits of the dry retention
area at the northwest comer of the site to be consistent with the paving and drainage
plan.
6. Provide wheel stops and a landscape island at the end of the parking tier located on
the east side of the access drive.
7. Restripe and dimension of the parking spaces located south of the modular building
to conform to the standard parking stall dimension of 18' x 9'.
8. Revise the photometric plan to show a detail of the light fixtures with cut-off
luminaries and to provide a summary table indicating the number of luminaries
proposed as well as the average and maximum foot candles.
9. Per the survey, a 20' easement exists along the north property line. Please provide a
copy of the easement deed in order to determine that there will be no conflicts with
respect to the proposed landscape buffer.
10. Pursuant to LDR Section 4.3.4(K) the minimum open space in the MIC district if 25%
that can only include landscaped areas. Revise the site data table to indicate the
proposed open space calculation reflects only landscape areas.
11.That all plans are to be signed and sealed by the appropriate professionals.
1 of 2
.~
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR 303 SW 2ND STREET
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. These waiver requests have come before the City Commission on
February 5, 2008.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for the workforce
housing lot located at 303 SW 2"d Street. 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 4.1.4(D) workforce housing units with forty (40) feet of
frontage must meet the typical designs represented by the sketches set forth in Section
4.7.12; must include rear access via an alley, if available; and must also contain design
features such as, but not limited to, front porches, eyebrows, outriggers, gables,
dormers, arbors, trellises, shutters, balconies, decorative vents, siding, textured stucco
finishes, undulating facades and other such appropriate architectural features. The
applicant has requested a waiver from these requirements.
Pursuant to LDR Section 4.7.12 lots of record that have at least 40 feet of frontage may
be used for workforce housing, as long as the workforce housing unit meets the typical
designs represented by the sketches set forth in this section and the additional
requirements of 4.1.4(D). The applicant has requested a waiver from this section.
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 to Section 4.1.4(D) tropical designs meet all the requirements
of 2.4.7(6)(5)?
Yes X No
1
~I~ ~.~
Does the waiver request to Section 4.7.12 meet all the requirements of 2.4.7(8)(5)7
Yes X No.
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 Pian.
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 requests to LDR Sections 4.1.4(D} and 4.7.12.
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 5"' day of February, 2008, by a vote of 5 in favor and 0
opposed.
~~~
R Ellis, Mayor
2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
PUBLIC PARKING FEE REQUEST FOR 36 FIRST 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
February 5, 2008.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the public parking fee request for 4
public parking fee spaces in the amount of $72,000.00 for the 36 First 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, ftom 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 for four spaces at a cost of $72,000 to be paid to
the City, in full upon building permit issuance to meet the requirements of LDR Section
4.6.9(E)(4) and the conditions, if any, listed below?
Yes 5 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.
1
1~~ 4.c
r
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 5"' day of February, 2008, by a vote of 5 in favor and 0
opposed.
'•? ~ .
ATTEST: '~ '~ _.~. ; ,_
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`1~11~i ~~~ e
Chevelle Nubin, Cit~j'C~~ '
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Ri Ellis, Mayor
2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
APPEAL OF ADMINISTRATIVE DETERMINATION REGARDING BRU'S ROOM
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This appeal of the denial of an administrative waiver request to allow the
consumption of alcoholic beverages on property outside Bru's Room Restaurant, from
11:00 a.m. to 11:59 p.m. on March 15, 2008, pursuant to Ordinance Section 113.02(6)
has come before the City Commission on February 5, 2008.
2. The Appellants, Appellee and City staff presented documentary evidence
and testimony to the City Commission pertaining to the appeal of the denial of an
administrative waiver request to allow the consumption of alcoholic beverages on
property outside his business pursuant to Ordinance Section 113-02(8). All of the
evidence is part of the record in this case.
3. 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.
4. Based on the entire record before it, the City Commission approves _
denies X the appeal and hereby adopts this Order this 5"' day of February, 2008,
by a vote of 5 m favor and 0 oppose .
~~ +' '~ ~ j -~ Rita E lis, Mayor
ATTEST ~.- ~..,4 _
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Chevelle Nubm
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