06-08-04 MinutesJUNE 8~ 2004
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, June 8, 2004.
1. Roll call showed:
Present -
Commissioner Patricia Archer
Commissioner Bob Costin
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Absent -
Commissioner Jon Levinson
Also present were -
David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Terrill Pyburn, Assistant City Attorney
Chevelle D. Nubin, Acting City Clerk
2_ The opening prayer was delivered by Dr. Roger Richardson with Church
of the Palms Congregational United Church of Christ.
o
given.
The Pledge of Allegiance to the flag of the United States of America was
o
AGENDA APPROVAL.
Mayor Perlman stated Item 9.A., Municipal Golf Course Management
Agreement/BJCE~ Inc. and Item 9.B., Tennis Center Management Agreement/Dubin
& Associates~ will be postponed to the meeting of June 22, 2004.
The City Attorney stated the public hearing for Item 10.B, Ordinance
No. 29-04 (First Reading/Transmittal Hearing for Comprehensive Plan Amendment
2004-02) will be continued to June 22, 2004. In addition, Item 12.B., Ordinance No.
30-04 and Item 12.C., Ordinance No. 31-04 will be postponed to the meeting of June
22, 2004.
Mr. Costin moved to approve the Agenda as amended, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs.
Archer - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4
to 0 vote.
5. APPROVAL OF MINUTES:
May 18, 2004,
Mrs. Archer-
motion passed
Mrs. Archer moved to approve the Minutes of the Regular Meeting of
seconded by Mr. Costin. Upon roll call the Commission voted as follows:
Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said
with a 4 to 0 vote.
PROCLAMATIONS:
6.A.
Recognizing the Tzofim Friendship Caravan Tavor
Mayor Perlman read and presented a proclamation hereby recognizing and
commending Tzofim Friendship Caravan Tavor for helping to spread the message of
peace, friendship and brotherhood though their performances. Shelly Weil came forward
to accept the proclamation.
Shelly Weil introduced the Tzofim Friendship Caravan Tavor and they
performed two songs for the Commission. He invited everyone to attend "Israeli Night"
on June 9, 2004 at Old School Square at 7:00 p.m.
PRESENTATIONS:
7.A. Hamlet Country Club support of Delra¥ Police and Fire-Rescue
Departments
Arthur and Sandy Tobias, representing the Hamlet Country Club,
presented a check in the amount of $13,000 to the Delray Beach Fire-Rescue Department,
a check in the amount of $13,000 to the Delray Beach Police Department, a check in the
amount of $5,000 to the Delray Citizens for the Delray Police, a check in the amount of
$5,000 to the Delray Beach Public Library, and $5,000 to Old School Square.
At this point, the Commission moved to Item 8, Consent Agenda.
CONSENT AGENDA: City Manager Recommends Approval.
8.A. FINAL SUBDIVISION PLAT APPROVAL/PJB L.L.C. PLAT:
Approve the subdivision plat for PJB L.L.C., a two (2) lot single family minor
subdivision, located at the northeast corner of Martin Luther King, Jr. Drive (N.W. 2nd
Street) and N.W. 5th Avenue and associated waiver to the alley improvement obligation
(LDR Section 6.1.2(A)(2)(a)) for one-half the cost of the alleyway.
8.B. RESOLUTION NO. 43-04/MORSE KIA AUTOMOTIVE: Approve
Resolution No. 43-04 abandoning a twenty-six (26) foot strip of right-of-way, located
adjacent to Dixie Highway and just north of Fladell Way, reserving an easement for
utilities.
The caption of Resolution No. 43-04 is as follows:
-2-
06/08/04
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING A PORTION OF DIXIE
HIGHWAY RIGHT-OF-WAY (ROW) LOCATED JUST
NORTH OF FLADELL' S WAY, AS MORE
PARTICULARLY DESCRIBED HEREIN, BUT
RESERVING AND RETAINING TO THE CITY A
UTILITY EASEMENT OVER A PORTION OF THE
AREA THEREOF, AS MORE PARTICULARLY
DESCRIBED HEREIN.
office.)
8.C.
(The official copy of Resolution No. 43-04 is on file in the City Clerk's
ACCEPTANCE OF A RIGHT-OF-WAY DEED/MORSE KIA
AUTOMOTIVE: Approve and accept a right-of-way deed with Morse Operations, Inc.
for a portion of land adjacem to Dixie Highway and just north of Fladell Way in order to
provide a uniform right-of-way on Fladell Way.
8.D. RESOLUTION NO. 44-04: Approve Resolution No. 44-04 assessing
costs for action necessary to remove junked and/or abandoned vehicles from eight (8)
properties throughout the City.
The caption of Resolution No. 44-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT
TO CHAPTER 90 OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES BY REMOVING JUNKED
AND/OR ABANDONED VEHICLES WITHIN THE
CITY OF DELRAY BEACH; SETTING OUT ACTUAL
COSTS INCURRED BY THE CITY TO ACCOMPLISH
SUCH ABATEMENT AND LEVYING SAID COSTS;
PROVIDING FOR AN EFFECTIVE DATE AND FOR A
DUE DATE AND INTEREST ON ASSESSMENTS;
PROVIDING FOR THE RECORDING OF THIS
RESOLUTION, AND DECLARING SAID LEVY TO BE
A LIEN UPON THE SUBJECT PROPERTY FOR
UNPAID ASSESSMENTS; PROVIDING FOR THE
MAILING OF NOTICE OF LIEN.
office.)
(The official copy of Resolution No. 44-04 is on file in the City Clerk's
-3-
06/08/04
8.E. RESOLUTION NO. 45-04: Approve Resolution No. 45-04 assessing
costs for abatement action required for the emergency board-up of an unsafe structure
located at 709 S.W. 2nd Terrace.
The caption of Resolution No. 45-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
PURSUANT TO ARTICLE 7.8, "UNSAFE
BUILDINGS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY
BEACH, ASSESSING COSTS FOR ABATEMENT
ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF
DELRAY BEACH; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH
ACTION; PROVIDING FOR AN EFFECTIVE DATE
AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORD-
ING OF THIS RESOLUTION, AND DECLARING
SAID LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS;
PROVIDING FOR THE MAILING OF NOTICE.
office.)
(The official copy of Resolution No. 45-04 is on file in the City Clerk's
8.F. RESOLUTION NO. 46-04: Approve Resolution No. 46-04 assessing
costs for abatement action required to remove nuisances on twelve (12) properties
throughout the City.
The caption of Resolution No. 46-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
ASSESSING COSTS FOR ABATING NUISANCES
UPON CERTAIN LAND(S) LOCATED WITHIN THE
CITY OF DELRAY BEACH AND PROVIDING THAT
A NOTICE OF LIEN SHALL ACCOMPANY THE
NOTICE OF ASSESSMENT; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO
ACCOMPLISH SUCH ABATEMENT AND LEVYING
THE COST OF SUCH ABATEMENT OF
-4-
06/08/04
NUISANCES; PROVIDING FOR AN EFFECTIVE
DATE AND FOR A DUE DATE AND INTEREST ON
ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND
DECLARING SAID LEVY TO BE A LIEN UPON
THE SUBJECT PROPERTY FOR UNPAID
ASSESSMENTS.
office.)
8.G.
(The official copy of Resolution No. 46-04 is on file in the City Clerk's
ACCEPTANCE OF A RIGHT-OF-WAY DEED/PARADISE SALON
STUDIOS: Approve and accept a right-of-way deed with Paradise Salon Studios,
located at 140 N.E. 2nd Avenue.
8.H. ACCEPTANCE OF A RIGHT-OF-WAY DEED/EAST SIDE
LOFTS: Approve and accept a right-of-way deed and landscape maintenance agreement
associated with East Side Lofts (fka Antique Country Pine), located at 2050-2100 North
Federal Highway.
8.1. FDOT GENERAL USE PERMIT & HOLD HARMLESS
AGREEMENT/THE MERIDIAN: Authorize the City to act as the utility permit
applicant for the construction of an eight (8) inch water main within the state right-of-
way (located between S.E. 3rd Street and S.E. 4th Street on the east side of northbound
Federal Highway) and approve a Hold Harmless Agreement with the developer (Mallory
II, L.L.C.).
8.J. SERVICE AUTHORIZATION NO. 1/CH2M HILL, INC.: Approve
Service Authorization No. 1 to CH2M HILL, Inc. in an amount not to exceed $50,000.00
for construction management services relating to the Aquifer Storage and Recovery
(ASR) Well Rehabilitation Project. Funding is available from 442-5178-536-31.30
(Engineering/Architectural).
8.K. RESCIND CONTRACT AWARD/RSI OF FLORIDA, INC.: Rescind
the contract award to RSI of Florida, Inc. for the Re-roofing of the Utilities Maintenance
Building Project and postpone the project.
8.L.
REJECTION OF BIDS/PALM TRAIL NEIGHBORHOOD WATER
MAIN IMPROVEMENTS PROJECT: Approve the rejection of all bids received for
the 2003-011 Palm Trail Neighborhood Water Main Improvements Phase 1 Project due
to the reallocation of funding to higher priority projects and authorize staff to re-bid in
September, 2004.
8.M. CITY OF DELRAY BEACH SUB-RECIPIENT FUNDING
AGREEMENT: Approve and authorize the execution of a funding agreement in the
amount of $16,243.00 with one (1) sub-recipient (Delray Youth Vocational Charter
-5-
06/08/04
School) under the Weed & Seed program for FY 2003-2004. Funding is available from
115-2125-521-83.01 (Weed and Seed Grants/Other Grants/Aid).
8.N. DISTRIBUTION OF FY 2005 DRUG CONTROL & SYSTEM
IMPROVEMENT FUNDS: Approve the distribution of FY 2005 Drug Control &
System Improvement (DCSI) funds (aka Byrne funds) in the amount of $726,880 as
recommended by the Criminal Justice Commission; and authorize the Mayor to send a
letter agreeing to the allocation of these funds.
8.0. LEASE AGREEMENT/MATCH POINT, INC.: Approve a lease
agreement between the City of Delray Beach and Match Point, Inc. for the use of two (2)
office spaces and six (6) phone lines, located at the north end of the City Attorney's
office building.
8.P. RESOLUTION NO. 48-04: Approve Resolution No. 48-04 and the
Interlocal Agreement between the Florida Department of Transportation, Palm Beach
County, and Palm Beach County Municipalities for the expansion of the membership of
the Palm Beach Metropolitan Planning Organization (MPO) to include Greenacres, Royal
Palm Beach, and Wellington.
The caption of Resolution No. 48-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
APPROVING EXECUTION OF AN INTERLOCAL
AGREEMENT FOR CREATION OF THE PALM
BEACH METROPOLITAN PLANNING
ORGANIZATION; EXPANDING ITS MEMBERSHIP
TO INCLUDE THE VILLAGE OF WELLINGTON AS
A MEMBER, AND THE CITY OF GREENACRES,
AND THE VILLAGE OF ROYAL PALM BEACH AS
ANNUALLY ALTERNATING MEMBERS;
ESTABLISHING AN EFFECTIVE DATE.
(The official copy of Resolution No. 48-04 is on file in the City Clerk's
office.)
8.Q. RESOLUTION NO. 42-04: Consider approval of a resolution to set the
public hearing date for the Pineapple Grove Way Special Assessment District Final
Assessment Roll.
The caption of Resolution No. 42-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, SETTING A PUBLIC
HEARING DATE FOR THE PUBLIC HEARING CERTIFYING
THE FINAL ASSESSMENT ROLL FOR THE PINEAPPLE
GROVE WAY SPECIAL ASSESSMENT DISTRICT;
-6-
06/08/04
office.)
8.R.
PROVIDING FOR THE MAILING AND PUBLICATION OF
NOTICE REGARDING THE PUBLIC HEAR1NG; PROVIDING
AN EFFECTIVE DATE.
(The official copy of Resolution No. 42-04 is on file in the City Clerk's
AMENDMENT #2 TO THE CLINICAL SERVICES
AGREEMENT/DR. RANDALL WOLFF: Approve Amendment #2 to the Clinical
Services Unit (CSU) Agreement between the City and Dr. Randall Wolff to provide for a
15% increase effective October 1, 2004 and enhancements to the Fire Fighter and Police
Officer annual physical examinations.
8.S. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period May 17, 2004 through June 4, 2004.
8oTo
AWARD OF BIDS AND CONTRACTS:
°
Bid award to Integrity Well and Pump Company in the amount of
$307,300.00 for rehabilitation of the Aquifer Storage and Recovery
(ASR) well. Funding is available from 442-5178-536-46.90
(Water & Sewer/Other Repair & Maintenance).
Purchase award to Ferguson Waterworks at an estimated annual
amount of $17,894.22 via the City of Hollywood Bid #F-3765-02-
WG for the purchase of fire hydrants for the Water Sewer
Division. Funding is available from 442-5178-536-61.77 (Water
& Sewer/Renewal & Replacement/Fire Hydrant Replacement).
Mrs. Archer moved to approve the Consent Agenda, seconded by Mr.
Costin. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor
Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0
vote.
o
REGULAR AGENDA:
9.A. MUNICIPAL GOLF COURSE
MANAGEMENT
AGREEMENT/BJCE, INC.: Consider approval of a revised agreement between the
City and BJCE, Inc. to provide for management services at the Municipal Golf Course
and at the Lakeview Golf Course for the period October 1, 2004 through September 30,
2009.
This item will be postponed to the meeting of June 22, 2004.
9.B. TENNIS CENTER MANAGEMENT AGREEMENT/DUBIN &
ASSOCIATES): Consider approval of a revised agreement between the City and Dubin
& Associates for management services at the Delray Beach Tennis Center for the period
-7-
06/08/04
October 1, 2004 through September 30, 2009.
This item will be postponed to the meeting of June 22, 2004.
9.C. VILLAGE FOUNDATION/INTEREST CHARGES: Consider a
request from the Village Foundation to forgive interest charges in the amount of $532.00
for the late payment of a loan.
Mr. Costin moved to approve the request from the Village Foundation to
forgive interest charges in the amount of $532.00, seconded by Ms. McCarthy. Upon roll
call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr.
Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote.
9.D. DEFERRAL OF LICENSE FEES/FLORIDA TELEPORT: Consider
approval of a deferral of license fees from Florida Teleport until 2006 due to title
problems with their site in Delray Beach.
Mr. Costin asked how far along Florida Teleport is with the project.
Helmut Bader, co-owner of Florida Teleport, stated in the last three years
he has invested time and money into this company. Mr. Bader stated there have been
numerous legal issues relating to the purchase of the teleport facility at 1100 S.W. l0th
Street which has forced Florida Teleport to reconsider the location of its teleport. Mr.
Bader stated to ensure the survival of the company and to minimize the operating costs
they provide to their customers, Florida Teleport is requesting a waiver to the yearly fee
until 2006.
Mr. Costin moved to approve the deferral of license fees from Florida
Teleport until 2006 and authorize staff to prepare an amendment to the agreement,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes. Said motion
passed with a 4 to 0 vote.
9.E. SPECIAL EVENT REQUEST & RESOLUTION NO. 47-04/ROOTS
CULTURAL FESTIVAL: Consider a request for special event approval to allow the
27th Annual Roots Cultural Festival to be held between August 6th and August 8, 2004,
and approve Resolution No. 47-04 in support of the event.
Robert A. Barcinski, Assistant City Manager, stated this item is
Resolution No. 47-04 supporting and endorsing the 27th Annual Roots Cultural Festival
and to grant a temporary use permit per LDR's Section 2.4.6(H) for the use of City
facilities, rights of way and parking lots, to authorize staff support for security, traffic
control, barricading, signage, and cleanup and trash removal and waiver of LDR's
Section 4.6.7(C)(5)(a)(9) to allow banners and flags and to allow event signs to be put up
more than one week before the event.
Estimated overtime costs for this year's event are approximately $35,000
of which $28,600 is estimated for police overtime. Estimates include overtime costs for
-8-
06/08/04
the final weekend, basketball tournaments, and youth parade. Per event policies, the
event sponsor will be required to reimburse the City 50% of all costs over $10,000. Staff
recommends approval contingent on receipt of a hold harmless agreement and insurance
certificate.
Mayor Perlman stated he understands Roots Cultural Festival was
successful in obtaining money through the State legislature this year and asked if this
money was vetoed. Elizabeth Wesley, 309 Lincoln Lane, Delray Beach, stated this
money was vetoed.
Mrs. Archer moved to approve Resolution No. 47-04 and the special event
request to allow the 27th Annual Roots Cultural Festival to be held on August 6-8, 2004
per staff's recommendations, seconded by Ms. McCarthy. Upon roll call the
Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Ms. McCarthy -
Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote.
9oFo
PROPOSED AMENDMENT NO. 2/HORSE DRAWN CARRIAGE~
INC.: Consider approval of Amendment No. 2 to the agreement with Horse Drawn
Carriages, Inc. to allow them to continue to operate Thursdays through Saturdays until
October 31, 2004. Staff recommends denial.
Robert A. Barcinski, Assistant City Manager, stated this is a request from
Rebecca Learman with Horse Drawn Carriages, Inc. to continue operating the horse and
carriage rides in the downtown on Thursdays through Saturdays from 7:00 p.m. to
midnight through October 31, 2004. On February 3, 2004, City Commission approved
Amendment #1 to the original agreement to permit this service to continue through
season ending May 2, 2004. Mr. Barcinski stated the Code was amended to allow horse
drawn carriage rides as a temporary use during the holidays and season if sponsored by
the City, CRA, or Joint Venture. The language in the ordinance does not accommodate
private individual uses for special occasions such as weddings, bar mitzvahs, or
anniversaries. Staff recommends denial of the request to extend through October 31,
2004.
Mrs. Archer stated she feels during the summer it is too hot for the horses
and she understands that Mrs. Learman may want to do this for special occasions.
However, Ms. McCarthy stated if someone has an afternoon wedding it would be too hot
for the horses. Mrs. Learman stated she would work if weather permits in the evenings
from 7:00 p.m. to midnight. Mr. Learman stated these rides are generally very short
lasting approximately 15 minutes.
Mr. Costin stated he supports the activities of Horse Drawn Carriages, Inc.
during the season and he feels it is good for the community. However, Mr. Costin
expressed concern over the heat element particularly during the day.
Mrs. Learman stated her primary concern is the horses and if it were too
hot she would not work them.
Brief discussion followed between the Commission and Mrs. Learman.
-9-
06/08/04
Ms. McCarthy stated she applauds Mrs. Learman for the care of her horses
and stated she is not in favor of extending this through the summer because of the heat
factor. Ms. McCarthy stated this is a wonderful thing during the season because the
seasons are cooler and it has been a nice addition to the downtown.
It was the consensus of the Commission to direct the City Attorney to
draft an ordinance concerning the use of private hire carriages for special occasions and
other related concerns expressed by the Commission.
Ms. Archer moved to approve proposed Amendment No. 2 to the
agreement with Horse Drawn Carriages, Inc., seconded by Ms. McCarthy. Upon roll call
the Commission voted as follows: Mrs. Archer - No; Ms. McCarthy - No; Mayor
Perlman - No; Mr. Costin - No. Said motion was DENIED with a 4 to 0 vote.
At this point, the time being 6:45 p.m., the Commission moved to
Presentations, Item 7.B.
7ogo
Legislative Session Update - Senator Ron Klein
Ron Klein, Senator, stated he represents nine cities and his district office is
in Delray Beach. He gave a brief overview and update of the legislative session. Senator
Klein stated the $56 billion state budget passed which covered road programs and
education; however, K-12 level did not meet needs and took a substantial hit. He stated
there are changes to some of the Election laws and there are now three different ways for
people to vote: (1) absentee methodology (2) early voting which means 15 days before
the August 31st or the November 2nd election you can vote at the Supervisor of Elections
offices, and (3) early voting at City Hall buildings and libraries throughout the County.
Senator Klein stated it will be required for the facilities to be open at least eight hours per
day during weekdays and at least eight hours on the weekends. Senator Klein stated he
will be meeting with Theresa LaPore, Supervisor of Elections next week and he would
like to encourage everyone to make the eight hours from 11:00 a.m.-TOO p.m. or 12:00
p.m.-8:00 p.m. so that people who work can have easy access to voting as well.
Senator Klein commented about the high-speed rail and stated the first leg
of this is being developed in Orlando which will be very costly. Senator Klein stated the
traffic problem is when you approach Orlando or while approaching South Florida. He
stated the billions of dollars that would be spent to develop something like this could
much more properly be spent in dealing with local transportation. He stated Tri-Rail will
be opening a series of new transportation facilities and commented that 1-95 will be grid-
locked in approximately eight years.
Mr. Costin inquired about Sales Tax Reform. Senator Klein stated there
was an initiative which passed two years ago that was going to be a constitutional
amendment requiring all sales tax exemptions to be brought back to the legislature. It
was thrown out by the court and there is now a petition drive to put it back in and have
the voters vote on it in the fall.
-10-
06/08/04
Mayor Perlman commented about the Constitutional Amendment Reform
and expressed concern over the Homestead Exemption Amendment. He stated polling on
this shows approximately a 70% favorable rate and represents over a $3 million hit for
Delray Beach.
Brief discussion followed between Senator Klein and the Commission.
Mayor Perlman also inquired about the CRA legislation. Senator Klein
stated there is no update regarding the CRA legislation.
For clarification, Ms. McCarthy stated she shops through catalogs and
online and if this use tax passes, asked if she would actually incur double taxation.
Senator Klein stated currently the use tax is in place and is paid by the user and the sales
tax is collected by the vendor. He stated if this is enforced on a national level it would
probably end up being data based collected where people would collect and remit to the
state.
Mayor Perlman thanked Senator Klein and asked when the best time
would be to submit the City's list of priorities to the delegation. Senator Klein stated he
will not go back into committees until after the November election.
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. 14-04 (FIRST READING/FIRST PUBLIC
HEARING): An ordinance amending the Land Development Regulations by repealing
Sections 2.4.6(D), "Permits for Individual Signs" and (E), "Permits for Master Sign
Program", and Section 4.6.7 "Signs" and enacting a new single Section 4.6.7 "Signs",
and amending Appendix "A", to update the definitions, to provide a single cohesive
ordinance regulating signs and sign permits. If passed, a Second Reading/Second Public
Hearing will be scheduled for June 22, 2004.
The caption of Ordinance No. 14-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY
BEACH, AMENDING CHAPTER TWO,
"ADMINISTRATIVE PROVISIONS", BY
REPEALING SECTIONS 2.4.6(D) AND (E) IN THEIR
ENTIRETY; AMENDING APPENDIX "A", BY
AMENDING ALL DEFINITIONS RELATING TO
SIGNS AND ENACTING SOME NEW DEFINITIONS
RELATING TO SIGNS; AMENDING CHAPTER
-11-
06/08/04
FOUR, "ZONING REGULATIONS", BY
REPEALING SECTION 4.6.7, "SIGNS", IN ITS
ENTIRETY AND ENACTING A NEW SECTION
4.6.7, "SIGNS", IN ORDER TO PROVIDE A SINGLE,
COMB1NED AND UPDATED SIGN CODE;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 14-04 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Janet Meeks, Education Coordinator, briefly explained the amendments to
the sign code.
Terrill Pyburn, Assistant City Attorney, stated the substitute ordinance has
some minor changes and she briefly reviewed these changes.
Mayor Perlman declared the public hearing open.
Rob Algani, speaking on behalf of Diana Sullivan (President of the
Beachside Business Association), stated there is no more effective means of
communication than the sandwich board/portable signs and he feels the signs help bring
the pedestrian traffic into the local stores. He stated some of the signs have been up for
over twenty years without creating any hazard to date. Mr. Algani stated people moving
into the area want to be in the metropolitan area with the downtown flavor and he feels
the sandwich board signs add a unique characteristic to the downtown.
Bernard Dahlem, 622 Seasage Drive, Delray Beach, Vice President of the
Beach Property Owners' Association (BPOA), stated the BPOA does not feel that
sandwich board/portable signs are consistent with the image and character of Delray
Beach. Mr. Dahlem stated the BPOA believes there are other alternatives to accomplish
this such as hanging a permanent sign underneath the canopy and this would accomplish
the objective in an upscale way.
Sarina Marillo, Andis Scentique, stated her business is located in the
courtyard which is set back from Atlantic Avenue and therefore they thrive for the
business from the sandwich sign that is placed outside. Ms. Marillo stated the business
owners in the area have paid hundreds of dollars for their signs which were professionally
created with the image in mind of Delray Beach, the village-by-sea. Ms. Marillo stated
this is a creative way that the shop owners have engaged themselves to let the public
know what they have to offer.
-12-
06/08/04
Val Sanowski, works at the courtyard shops and stated it is easier for
someone who is riding a bus for transportation and sees the sign to get off the bus and go
to that business versus a sign that is fiat up against the wall. Mr. Sanowski strongly
supports the sandwich board signs.
There being no one else who wished to address the Commission regarding
Ordinance No. 14-04, Mayor Perlman closed the public hearing.
Mrs. Archer stated overall she feels the sign code is very good. However,
she believes there are some retail situations especially some remote locations that have an
issue with trying to attract people into their establishments (i.e. courtyards, etc.). Mrs.
Archer stated she feels there are some opportunities for retail establishments to use
sandwich signs and she is in favor of having some way to allow them to have the
sandwich board signs at least on a temporary basis. Mayor Perlman concurred with
comments expressed by Mrs. Archer.
Brief discussion followed between staff and the Commission regarding a
pedestrian oriented pole mounted sign in the sidewalk.
After brief discussion, it was the consensus of the Commission to give
direction to staff to amend the ordinance to include additional language regarding
portable signs and to include additional language for residential real estate signs.
Mr. Costin moved to approve Ordinance No. 14-04 with the proposed
changes on First Reading, seconded by Ms. McCarthy. Upon roll call the Commission
voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs.
Archer - Yes. Said motion passed with a 4 to 0 vote.
10.A.1. POLICY STATEMENT: Consider approval of a Policy Statement
allowing temporary portable signs in the public right-of-way during periods of major
construction/redevelopment.
Mrs. Archer moved to approve a policy statement to allow temporary
portable signs in the public right-of-way during periods of major construction and
redevelopment, seconded by Mr. Costin. Upon roll call the Commission voted as
follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer -
Yes. Said motion passed with a 4 to 0 vote.
10.B. ORDINANCE NO. 29-04 (FIRST READING/TRANSMITTAL
HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2004-02): Consider on
first reading an ordinance adopting Comprehensive Plan Amendment 2004-02 and
associated Future Land Use Map (FLUM) amendments, and authorize transmittal to the
State Department of Community Affairs. Prior to consideration of passage of Ordinance
No. 29-04 on First Reading, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 29-04 is as follows:
-13-
06/08/04
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
ADOPTING COMPREHENSIVE PLAN
AMENDMENT 2004-2 PURSUANT TO THE
PROVISIONS OF THE "LOCAL GOVERNMENT
COMPREHENSIVE PLANNING AND LAND
DEVELOPMENT REGULATION ACT", FLORIDA
STATUTES SECTIONS 163.3161 THROUGH
163.3243, INCLUSIVE; ALL AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A"
ENTITLED "COMPREHENSIVE PLAN
AMENDMENT 2004-2" AND INCORPORATED
HEREIN BY REFERENCE; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 29-04 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Amendment 2004-02 includes:
1. Text Amendments:
Future Land Use Element - Modification of the description of the
Medium Density FLUM designation to include provisions for
increased density to approximately 24 units/acre within the
boundaries of a special overlay district within the Southwest
Neighborhood Area, subject to Conditional Use approval. This
overlay district, located between the commercial area along West
Atlantic Avenue and S.W. 2nd Street, from Swinton Avenue to
Interstate 95, is being created to accommodate higher density
residential development pursuant to the Southwest Area
Neighborhood Redevelopment Plan;
Future Land Use Element - Modification of the descriptions of the
Commercial FLUM designations related to the West Atlantic
Overlay Area;
Co
Future Land Use Element - Modification of FLUM category
descriptions to reflect consolidation and elimination of
unnecessary FLUM designations;
-14-
06/08/04
d. Transportation Element - Revise Map #17, Intermodal Facilities;
e. Transportation Element - Revision to policies under Objective D-3
to address and update timetables and the completion of tasks;
Housing Element - Update Residential Neighborhood
Categorization Map to reflect existing land use and boundary
changes;
go
Public Facilities Element - Revisions to consider the regional
water supply plan and include a 10-year Water Supply Facilities
Work Plan addressing water supply facilities necessary to serve
existing and new development;
ho
Conservation Element - Amendment dealing with public
recreation and boat ramps in conservation areas to achieve internal
Plan consistency with the Open Space and Recreation Element;
Conservation Element - Revisions addressing projected water
needs and sources considering the South Florida Water
Management District's Lower East Coast Water Supply Plan;
jo
Open Space and Recreation Element - Add policy stating that all
park planning will be compatible with the adopted City of Delray
Beach Parks and Recreation System Master Plan;
ko
Intergovernmental Coordination Element - Add policy to ensure
coordination of the Comprehensive Plan with the regional water
supply plan;
Capital Improvement Element - Modify Table CI-CIP (5-Year
Capital Improvements Schedule for Projects>S25,000) to reflect
implementation of the new $24 million Parks and Recreation
Bond;
m. Capital Improvement Element - Modification of Table SD-CIP.
This table is the School District's Six Year Capital Improvement
Schedule referenced in CIP Element Policy A-8.3;
Public Schools Facilities Element - Updated Map Series for the
School District. Replace Map PS 1.1; PS 2.1; PS 3.1: and PS 3.3.
Eliminate Maps PS 3.2 and PS 3.4;
o. Public Schools Facilities Element - Elimination of the appendices;
po
Public Schools Facilities Element - Minor text changes throughout
the element to amend references to the updated Map Series;
updated Six Year Capital Improvement Schedule; and the deleted
-15-
06/08/04
Appendices;
Public Schools Facilities Element - Amendments required to
maintain consistency with the recently amended Interlocal
Agreement
· Add definition for "First FTE Student Count" to definitions
section
· Amend Policy A- 1.1 dealing with the level of service standard
· Amend Policy A-3.1 dealing with intergovernmental
coordination
2. Future Land Use Map Amendments:
Privately initiated Future Land Use Map (FLUM) Amendment from
LD (Low Density Residential 0-5 du/ac) to MD (Medium Density
Residential 5-12 du/ac) for The Cottages at Banyan Village, located
at the southwest corner of Swinton Avenue and $.W. l0th Street.
City initiated Future Land Use Map Amendment from GC (General
Commercial) to CC (Commercial Core) for properties generally
located on the north and south sides of West Atlantic Avenue,
between NW/SW 1st Avenue (100 Block) and NW/SW 12th Avenue
(1200 Block) within the West Atlantic Avenue Overlay District.
Jeff Costello, Assistant Planning Director, stated the proposed amendment
involves 28 text amendments and the most notable relates to an increase modifying a
medium density land use description to increase the density for a portion of the
Southwest neighborhood to allow an increase of 12 units per acre to a maximum of 24 as
a conditional use. Mr. Costello stated there is also a City initiated petition which
involves rezoning the existing West Atlantic Commercial Corridor to accommodate the
Central Business District zoning and there is also a privately initiated Future Land Use
Map amendment at the Southwest corner of $.W. l0th Street and Swinton Avenue to go
from low density residential to medium density residential.
Mr. Costello announced that the West Atlantic Avenue Task Team will
hold a meeting at Old School Square on June 17, 2004 at 6:30 p.m. regarding the
proposed change in the City's Comprehensive Plan. In addition, Mr. Costello stated there
will be a detailed presentation at the June 22, 2004 City Commission meeting.
Mayor Perlman declared the public hearing open. No one from the public
came forward to address the Commission.
Mrs. Archer moved to approve to continue the public hearing to June 22,
2004 at 7:00 p.m. in the City Commission Chambers, seconded by Mr. Costin. Upon roll
call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs.
-16-
06/08/04
Archer - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote.
At this point, the Commission moved to Item 11, Comments and
Inquires on Non-Agenda Items from the City Manager and the Public.
ll.A.
City Manager's response to prior public comments and inquiries.
With regard to a concern expressed at the May 18th meeting about the
rezoning from GC (General Commercial) to CBD (Central Business District) for
properties north and south of Atlantic Avenue west of Swinton Avenue, the City Manager
stated these changes will result in no change to the uses allowed as they are very similar
under both GC and CBD districts. The City Manager stated the special regulations which
currently exist for the West Atlantic General Commercial Overlay District will be
adopted and incorporated into the CBD district.
Secondly, with regard to a concern expressed by Mrs. Finst at the May 18,
2004 meeting about the missing guardrail at the intersection of Depot Road and Lincoln
Lane, the City Manager stated this area has been used as a staging area by the contractor
on the 1-95 project. As work on this project nears completion, the City Manager stated
the restoration of the staging area will proceed and the guardrail will be replaced as part
of the restoration of this area prior to completion of the 1-95 work.
11.B. From the Public.
ll.B.1. Marcus Gould~ 1005 17th Street~ West Palm Beach~ thanked the Mayor
and City Commission for their action with regard to the Roots Cultural Festival. Mr.
Gould stated he reviewed the City's budget and feels it is very good. Speaking on behalf
of MAD DADS, Mr. Gould stated in reading through the budget despite the number of
programs being offered to young people throughout the community, he feels children
from 14-19 years of age have been left out. Mr. Gould stated he spoke to the children
and they did not feel that they were a part of the bond referendum so he wanted them to
see the following: (1) what the priorities and objectives are, (2) to be receptive to those
priorities and objectives, and (3) compromise and be inclusive in the process that governs
the city. Mr. Gould urged the Commission to provide something for this age group to do
especially during the summer and commented that the children will present a full plan to
the Commission.
ll.B.2. Jim Smith~ 1225 S. Ocean Boulevard~ Delray Beach~ thanked the
Mayor, the Commission, and the City Manager for filing the application for the first
bicycle lane on the first city street in Delray Beach. Mr. Smith congratulated Randal
Krejcarek, City Engineer, for preparing the application and commented it is on its way to
the Metropolitan Planning Organization (MPO) for final approval and he urged the
Commission to also consider sidewalks on both sides of Gleason Street. Mr. Smith
commented about obesity in the United States and he feels it needs to be addressed in
Delray Beach.
-17-
06/08/04
ll.B.3. Alice Finst~ 707 Place Tavant~ Delra¥ Beach~ stated she received
notification informing her that the main Post Office will be closing and that she should
look for retail space. She stated there is a postal box operation at the Post Office located
at 14280 Military Trail and she purchased a postal box for six months for $25.00. She
stated she was informed that the availability of the postal boxes is extremely limited and
that in approximately a month there could possibly be 500 more boxes available. Mrs.
Finst suggested that a temporary pavilion be placed on City land in the downtown area to
accommodate the 3,000 postal box holders.
ll.B.4. Kevin Warner~ 248 Venetian Drive~ Delra¥ Beach~ inquired about the
rolled-back rate for the City's current year budget. With regard to the upcoming budget
year, he asked if there is any work expected to be done for analysis purposes on lowering
the millage rate or what the rolled back rate would be for the upcoming budget.
At this point, the Commission moved to ltem 9.G., Resolution No. 49-04.
9.G. RESOLUTION NO. 49-04 (COMMITTING TO COMPLY WITH
MINIMUM LEVEL OF SERVICE STANDARDS FOR FIRE/RESCUE): Consider
approval of Resolution No. 49-04 committing to comply with minimum level of service
standards for Fire/Rescue services.
The caption of Resolution No. 49-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, COMMITTING TO
COMPLY WITH MINIMUM FIRE-RESCUE LEVEL OF
SERVICE STANDARDS.
(The official copy of Resolution No. 49-04 is on file in the City Clerk's
office.)
The City Manager stated the City Attorney recommends for staff to
remove any language that might be construed as binding the City irrevocably or making
commitments because it could be established through some other body in the future. The
City Manager stated staff recommends approval of the resolution with these changes.
Mr. Costin moved to approve Resolution No. 49-04, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs.
Archer - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4
to 0 vote.
9.H. SETTLEMENT AGREEMENT/CIGNA: Consider approval of a
settlement agreement between the City and CIGNA.
Joe Safford, Finance Director, stated this is a settlement offer from Cigna
and is a result of approximately 15 months of negotiations. Mr. Safford stated Cigna's
original position was that over a two year period they had experienced what they defined
-18-
06/08/04
as a loss and therefore there was no recovery of any funds to the City. Mr. Safford stated
the City challenged Cigna and they later changed their position. Therefore, Mr. Safford
stated the City will recover approximately $143,554.00.
Prior to the vote, Mr. Costin commended staff for a job well done.
Mr. Costin moved to approve the settlement agreement between the City
and CIGNA, seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin -
Yes. Said motion passed with a 4 to 0 vote.
9.1. APPOINTMENTS TO THE CIVIL SERVICE BOARD: Appoint two
(2) regular members and one (1) alternate member to the Civil Service Board for two (2)
year terms ending July 1, 2006. Based upon the rotation system, the appointments will be
made by Mayor Perlman (Seat #5), Commissioner Costin (Seat #1), and Commissioner
Archer (Seat #2).
Mayor Perlman stated he wished to appoint Kristin Christensen as a
regular member to the Civil Service Board for a two (2) year term ending July 1, 2006.
Mr. Costin so moved, seconded by Mrs. Archer. Upon roll call the Commission voted as
follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer -
Yes. Said motion passed with a 4 to 0 vote.
Mr. Costin moved to reappoint Leonard Friedman as a regular member to
the Civil Service Board for a two (2) year term ending July 1, 2006, seconded by Mrs.
Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor
Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0
vote.
Mrs. Archer moved to reappoint Morris Weintraub as an alternate member
to the Civil Service Board for a two (2) year term ending July 1, 2006, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr.
Costin - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0
vote.
9.J. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT
AGENCY BOARD: Appoint one (1) member to the Community Redevelopment
Agency Board for a four (4) year term ending July 1, 2008. Based on the rotation system,
the appointment will be made by Commissioner Archer (Seat #2).
Mayor Perlman declared a conflict of interest and passed the gavel to Vice
Mayor McCarthy.
Mrs. Archer moved to reappoint Brenda Montague as a member to the
Community Redevelopment Agency Board for a four (4) year term ending July 1, 2008,
seconded by Vice Mayor McCarthy. Upon roll call the Commission voted as follows:
Mr. Costin - Yes; Mrs. Archer - Yes; Vice Mayor McCarthy - Yes. Said motion passed
with a 3 to 0 vote.
-19-
06/08/04
9.K. APPOINTMENT TO THE DELRAY BEACH HOUSING
AUTHORITY: Appoint one (1) regular member to the Delray Beach Housing
Authority for a four (4) year term ending July 14, 2008. Based on the rotation system,
the appointment will be made by Commissioner Archer (Seat #2).
At this point, Vice Mayor McCarthy passed the gavel back to Mayor
Perlman.
Mrs. Archer moved to reappoint Joseph Bernadel as a regular member to
the Delray Beach Housing Authority for a four (4) year term ending July 14, 2008,
seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer -
Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed
with a 4 to 0 vote.
At this point, the Commission moved to Item 12, First Readings.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 26-04: An ordinance amending Chapter 132,
"Offenses Against Public Peace and Safety", of the Code of Ordinances by amending
Section 132.09, "Skateboarding and the like Prohibited", to provide certain areas in
which skateboarding shall be prohibited. If passed, a public hearing will be scheduled for
June 22, 2004.
The caption of Ordinance No. 26-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 132, "OFFENSES AGAINST PUBLIC PEACE
AND SAFETY", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 132.09, "SKATEBOARDING
AND THE LIKE PROHIBITED", TO PROVIDE
CERTAIN AREAS IN WHICH SKATEBOARDING
SHALL BE PROHIBITED; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 26-04 is on file in the City Clerk's
office.)
This item has been postponed to the meeting of June 22, 2004.
12.B. ORDINANCE NO. 30-04: An ordinance rezoning from CF (Community
Facilities) in part and R-1-A (Single Family Residential) in part to RM-10 (Medium
Density Residential 10 units per acre) for an 8.96 acre parcel of land for The Cottages at
- 20 -
06/08/04
Banyan Village, located at the southwest corner of Swinton Avenue and S.W. l0th Street.
If passed, a public hearing will be scheduled for June 22, 2004.
The caption of Ordinance No. 30-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED R-1-A (SINGLE FAMILY RESIDENTIAL)
DISTRICT AND CF (COMMUNITY FACILITIES)
DISTRICT TO RM-10 (MEDIUM DENSITY
RESIDENTIAL-10 UNITS PER ACRE) DISTRICT;
SAID LAND BEING A PARCEL OF LAND
LOCATED AT THE SOUTHWEST CORNER OF SW
10TM STREET AND SOUTH SWINTON AVENUE,
AS MORE PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, APRIL 2003"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 30-04 is on file in the City Clerk's
office.)
This item has been postponed to the regular meeting of June 22, 2004.
12.C. ORDINANCE NO. 31-04: An ordinance rezoning from GC (General
Commercial) to CBD (Central Business District) for 41.53 acres of land for properties
generally located on the north and south sides of West Atlantic Avenue, between
NV~/SW 1st Avenue (100 Block) and NW/SW 12th Avenue (1200 Block) within the West
Atlantic Avenue Overlay District. If passed, a public hearing will be scheduled for June
22, 2004.
The caption of Ordinance No. 31-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED GC (GENERAL COMMERCIAL) DISTRICT
TO CBD (CENTRAL BUS1NESS DISTRICT); SAID
LAND BEING PARCELS OF LAND LOCATED ON
THE NORTH AND SOUTH SIDES OF WEST
ATLANTIC AVENUE, BETWEEN NW/SW 1s~:
AVENUE AND NW/SW 12TM AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, APRIL 2003"; PROVIDING A GENERAL
-21 -
06/08/04
REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
office.)
(The official copy of Ordinance No. 31-04 is on file in the City Clerk's
This item has been postponed to the Regular Meeting of June 22, 2004.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager
The City Manager commended the Community Improvement staff and
Terrill Pyburn, Assistant City Attorney for the excellent job on the sign code.
Secondly, the City Manager stated at the last meeting the Mayor expressed
the need to improve communications by making notices more simplified for citizens to
understand. The City Manager stated staff will work on improving this; however, he
noted that some notices are dictated by State law (i.e. TRIM notices).
13.B. City Attorney
The City Attorney had no comments or inquires on non-agenda items.
13.C.
13.C.1.
City Commission.
Mrs. Archer
Mrs. Archer expressed her condolences to Mayor Perlman for the loss of
his mother-in-law. She stated she was able to travel to Japan in Mayor Perlman's place
and feels this was a fantastic opportunity because there were four nations who signed the
Friendship Agreement.
13.C.2.
Commissioner Costin
Mr. Costin commented about Barbara Garito's retirement party and stated
it was well attended.
Secondly, Mr. Costin stated he attended the Police Banquet Dinner and
commented he had a great time.
Mr. Costin stated the Goal Setting Session Update held at Old School
Square for the citizens was very well attended and commented the Mayor did an excellent
job on presenting those goals to the community.
- 22 -
06/08/04
Mr. Costin stated he and Commissioner McCarthy attended the Youth
Baseball Explosion last week. He stated Commissioner McCarthy and County
Commissioner Addie Greene threw a strike and he presented the Commission with t-
shirts.
He stated the Cinco de Mayo party Saturday evening was very nice and
the food was excellent.
On behalf of the Commission, Mr. Costin extended condolences to Mayor
Perlman and his family for the loss of his mother-in-law.
13.C.3.
Commissioner McCarthy
Ms. McCarthy commented about Barbara Garito's retirement party and
Cinco de Mayo.
She commented about the Youth Baseball Explosion event and hopes this
will become an annual event.
She commented about an event held in West Palm Beach honoring the
"rocks" of the community and stated County Commissioner Addie Greene and Senator
Dawson were honored by this group.
Lastly, Ms. McCarthy stated she had the opportunity to attend the Glory
Awards and commented it was extremely well done. In addition, she read the names of
the winners into the record.
13.C.4.
Mayor Perlman
Mayor Perlman stated Adam Hasner had a meeting today with the cities in
his district and there was some discussion about the State Revenue Forecasting and what
the impact will be of the Homestead Exemption amendment and the cost to cities and
counties. Mayor Perlman stated the League of Cities stated the Florida Chamber of
Commerce is coming up with a Vote Smart Florida Program to educate people as they are
approached to sign petitions. Mayor Perlman stated he was invited to attend a radio show
and commented that there is a group opposing this based out of Boca Raton. He
encouraged people to get on the radio and try to educate people as best as they can.
Secondly, Mayor Perlman stated Representative Hasner has been meeting
with all the Police and Fire Departments in his district in an effort to learn what their
needs are.
Mayor Perlman stated Jamie Titcomb from the League of Cities is
requesting Elected Officials throughout the County to attend the County Commission
meeting on June 22, 2004 regarding annexation.
- 23 -
06/08/04
Mayor Perlman stated with regard to the City providing more activities for
those children ages 14-19, one of the goals discussed at the Goal Setting Session this year
was to restart the race relations dialogue. He stated there is some work being done to get
this initiative underway and suggested that this item be placed on a Workshop agenda.
Mayor Perlman thanked City staff and the Commission for supporting his
family during the last few weeks.
Lastly, Mayor Perlman welcomed Chevelle D. Nubin as Acting City
Clerk.
There being no further business, Mayor Perlman declared the meeting
adjourned at 8:15 p.m.
Acting City Clerk
ATTEST:
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on June 8, 2004, which Minutes were formally approved and adopted by the City
Commission on June 22, 2006.
Acting 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.
-24-
06/08/04