06-22-04 MinutesJUNE 22~ 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 22, 2004.
1. Roll call showed:
Present -
Commissioner Patricia Archer
Commissioner Bob Costin
Commissioner Jon Levinson
Commissioner Alberta McCarthy (arrived at 6:40 p.m.)
Mayor Jeff Perlman
Absent -
None
Also present were -
David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Terrill Pyburn, Assistant City Attorney
Brian Shutt, Assistant City Attorney
Chevelle D. Nubin, Acting City Clerk
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The opening prayer was delivered by Commissioner Levinson.
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The Pledge of Allegiance to the flag of the United States of America was given.
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AGENDA APPROVAL.
Mayor Perlman noted that there is additional information regarding Item 8.C.,
Vendor Agreement/Service Authorization No. 1/Gary Moore.
Mayor Perlman announced Item 12.A., Ordinance No. 31-04 will not be back for
a public hearing on July 6, 2004. The ordinance is part of the Comprehensive Plan which will be
back for a second reading when the Plan is adopted.
Michael Weiner, Attorney representing the applicant, stated Item 9.D., Appeal of
the Historic Preservation Board's Decision Associated with Ascot Office concerning the
height issue has been resolved; however, the in-lieu parking will need to be addressed.
Mr. Costin moved to approve the Agenda as amended, seconded by Mrs. Archer.
Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote.
5. APPROVAL OF MINUTES:
Mrs. Archer moved to approve the Minutes of the Regular Meeting of June 8,
2004, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer -
Yes; Mr. Levinson - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 4
to 0 vote.
Mrs. Archer moved to approve the Minutes of the Special Meeting of June 15,
2004, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson -
Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 4
to 0 vote.
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PROCLAMATIONS:
None.
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PRESENTATIONS:
7.A. Expanding & Preserving Our Cultural Heritage (EPOCH) Grant Fund
Request
Vera R. Farrington, 170 N.W. 5th Avenue, Delray Beach, briefly explained when
EPOCH was founded and noted many of its accomplishments. Ms. Farrington stated this request
is before the Commission in an effort to describe some of the achievements of EPOCH and
request funding support in maintaining EPOCH's tradition of professional excellence.
Daisy Fulton, Executive Director of EPOCH, speaking on behalf of the EPOCH
staff, children of the Kid's Cultural Club, and the thousands of visitors of the S.D. Spady
Cultural Arts Museum, thanked the Commission for their continued support. Ms. Fulton gave a
brief chronological history of EPOCH's accomplishments and the history of the S.D. Spady
Museum.
Clarence Vaughn, 1st Vice President of EPOCH, distributed photographs of
property that the City purchased in 1996 and discussed EPOCH's partnership with the City.
At this point, Ms. Fulton acknowledged the Board members of EPOCH and
thanked the Commission for allowing EPOCH to address the Commission.
Ms. Fulton asked when EPOCH can expect to hear about their funding request.
The City Manager stated all the grant requests are considered at the same time during the budget
process in August and staff will bring a recommendation to the City Commission.
Ralph Johnson, speaking as an EPOCH Board member, urged the Commission to
consider EPOCH's proposal.
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budget.
The City Manager stated EPOCH is requesting to be a separate division in the
It was the consensus of the Commission to allow EPOCH to be a separate division
in the budget under Human Services (as like Old School Square and the Library) because they
are currently in the Miscellaneous Grants division.
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CONSENT AGENDA: City Manager Recommends Approval.
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THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS
ITEM 9.A.1.
8.B. SERVICE AUTHORIZATION NO. P-01/CURRIE SOWARDS AGUILA
ARCHITECTS: Approve Service Authorization No. P-01 to Currie Sowards Aguila Architects
in the amount of $30,750.00 for consultant design services for the new Lake Ida Park Project.
Funding is available from 380-4150-572-63.26 (2004 G.O. Bond/Lake Ida Park).
8.C. VENDOR AGREEMENT/SERVICE AUTHORIZATION NO. 1/GARY
MOORE: Approve a Vendor Agreement and Service Authorization No. 1 to Gary Moore in the
amount of $68,000.00 for the design and installation of art improvements along West 5th Avenue
from S.W. 1st Street to N.W. 2nd Street (Martin Luther King Boulevard). The Community
Redevelopment Agency (CRA) has agreed to pay the cost of this service authorization. Funding
is available from 334-3162-541-65.83 (General Construction Fund/N.W./S.W. 5th Avenue/S.W.
1st Street to N.W. 2nd Street).
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SERVICE AUTHORIZATION NO. P-01/BOY SCOUT HUT
PARK/KIMLEY-HORN AND ASSOCIATES~ INC.: Approve Service Authorization No. P-
01 to Kimley-Horn and Associates, Inc. in the amount of $29,924.00 for survey and schematic
site plan work to develop the Boy Scout Hut Park Project. Funding is available from 380-4150-
572-63.25 (2004 G.O. Bond/Boy Scout Hut Park).
8.E. AGREEMENT/GULF STREAM COUNCIL~ INC.: Approve an agreement in
the amount of $11,000.00 between the City and Gulf Stream Council, Inc. (BSA) to sponsor a
Cub Scout Program at the Village Academy Elementary School. Funding is available from 118-
1974-554-49.90 (Other Current Charges/Neighborhood Association).
8.F. THIRD AMENDMENT TO THE TRIPARTITE AND INTERLOCAL
AGREEMENT/DELRAY BEACH LIBRARY: Approve the Third Amendment to the
Tripartite and Interlocal Agreement between the City, the Community Redevelopment Agency,
and the Delray Beach Public Library Association, Inc. modifying the date of construction, date
of deposit, and requiring the library to meet the terms and requirements in the technical
assistance advisement request and response.
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REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period June 7,
2004 through June 18, 2004.
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8.H. AWARD OF BIDS AND CONTRACTS:
NONE.
At this point, Mr. Costin moved to amend the Consent Agenda to make Item 8.A.
Item 9.A. 1., seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion
passed with a 4 to 0 vote.
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REGULAR AGENDA:
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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 the Lakeview Golf Course for the period
October 1, 2004 through September 30, 2009.
Robert A. Barcinski, Assistant City Manager, stated this is a request for
Commission to consider approval of a five year management agreement with BJCE, Inc. for the
management of the Municipal and Lakeview golf courses. This is a five year agreement that
would run from October 1, 2004 through September 30, 2009.
Mr. Levinson stated he asked the City of West Palm Beach to send information to
the City of Delray Beach regarding bids. He suggested that the City of Delray Beach go out to
bid for the golf course and the tennis contract.
The City Manager stated staff feels the golf courses in particular perform better
than any other public courses and this is the reason staff supports the five year extension.
Mrs. Archer stated she does not feel the City of Delray should go out to bid for
the golf course; however, she supports RFP's for the tennis center.
Mr. Costin stated he is satisfied with the performance of the golf course
management.
Mayor Perlman stated he too is very pleased with the golf course management as
well. He stated when it comes to taxpayer's dollars it is the responsibility of the Commission
and prudent business that the contract go out to bid.
Mrs. Archer suggested setting a time certain to review the golf course
management agreement separately and review only the tennis center management agreement at
this time.
Mr. Levinson stated these should be separate contracts but bid out at the same
time.
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Mrs. Archer reiterated if staff is going to review the golf course and tennis center
management agreements separately, she feels the agreements should not be reviewed at the same
time.
Mr. Costin concurs with comments expressed by Mr. Levinson.
Mayor Perlman stated he feels the incumbent already has a huge advantage.
Ms. McCarthy stated she concurs that both contracts should go out for an RFP for
five years with the option for renewal. She stated she is very pleased with the management of
the municipal golf courses and noted she is more concerned with the tennis center.
After brief discussion, it was the consensus of the Commission to go out for an
RFP for the municipal golf course and tennis center management agreements.
Mr. Costin moved to approve the revised golf course management agreement,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Perlman -
No; Mr. Costin- No; Mrs. Archer- No; Mr. Levinson -No; Ms. McCarthy -No. Said motion
was DENIED with a 5 to 0 vote.
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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 October 1,
2004 through September 30, 2009.
Mr. Levinson moved to approve the revised tennis center management agreement
between the City and Dubin & Associates for management services as proposed, seconded by
Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - No; Mrs. Archer
- No; Mr. Levinson - No; Ms. McCarthy - No; Mayor Perlman - No. Said motion was
DENIED with a 5 to 0 vote.
Mr. Costin moved to direct staff to go out for a Request for Proposal (RFP) for
the golf course management agreement and the tennis center management agreement, seconded
by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion
passed with a 5 to 0 vote.
9.A.1. SERVICE AUTHORIZATION NO. 99-07/ARCADIS/LNW: Approve
Service Authorization No. 99-07 to Arcadis/LNW in the amount of $74,100.00 for the design of
converting S.E./N.E. 1st Streets between Swinton Avenue and East 6th Avenue from one-way to
two-way streets. The Community Redevelopment Agency (CRA) has agreed to pay for the
design of this project. Funding is available from 334-3162-541-65.88 (S.E./N.E. lst Street/One
Way Pairing).
Richard Hasko, Director of Environmental Services, stated this is a proposal from
Arcadis/LNW for a service authorization to provide consulting services for preliminary and final
design of the conversion of the one-way pairs on lst Street (north and south). The total of the
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proposal is $74,100.00 and funding will be provided by the Community Redevelopment Agency
(CPA).
Mr. Costin asked if the sidewalks are going to extend the full length on N.E. 1st
Street. In response, Mr. Hasko stated that this is the intent. Mr. Costin expressed concern over
the possibility of someone getting injured and stated he wants to make sure there is going to be a
continuous pathway along this road.
Mrs. Archer stated for special events some people park along the railroad tracks
and walk directly across the railroad tracks versus walking at the crossing. She stated as the city
becomes more populated, she is concerned about the maintenance of some kind of barrier along
the railroad tracks.
Mr. Costin moved to approve the Service Authorization No. 99-07 with
Arcadis/LNW for the design of converting S.E./N.E. 1st Street and S.E./N.E. 6th Avenue from
one-way, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer -
Yes. Said motion passed with a 5 to 0 vote.
9.Co
REQUEST FOR IN-LIEU PARKING SPACES/THE ASCOT BUILDING:
Consider a request from The Ascot Building for the purchase of five (5) in-lieu parking spaces in
the amount of $30,000.00 and the construction of seven (7) on-street parking spaces in the
adjacent right-of-way. The Ascot Building is located on the southwest corner ofN.E. 1st Avenue
and N.E. 2nd Street. (Quasi-JudicialHearing)
Mayor Perlman read into the record the City of Delray Beach procedures for a
Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items.
Chevelle Nubin, Acting City Clerk, swore in those individuals who wished to give
testimony on this item.
Mayor Perlman asked the Commission to disclose any ex parte communications.
Mr. Levinson, Ms. McCarthy, Mayor Perlman, Mr. Costin, and Mrs. Archer disclosed that they
all met with Mr. Weiner and his client.
Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning
project file #2004-107 into the record.
Mr. Dorling stated this is a 2,400 square foot, two-story office building requiring
eight (8) parking spaces. The proposed site plan included five (5) on-site parking spaces, three
(3) in-lieu parking spaces and the construction of two (2) on-street parking spaces in the adjacent
public right-of-way on N.E. lst Street. The applicant is requesting to purchase five (5) in-lieu
parking spaces and the cost in the Old School Square Historic Arts District (OSSHAD) is $6,000
per space for a total of $30,000.00.
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Staff is concerned with respect to the number of required parking spaces and the
required findings. Mr. Dorling stated per LDR Section 4.6.9(E)(3) it states "if it is impossible or
inappropriate to provide the required number of on-site or off-site parking spaces, the City
Commission may approve the payment of a fee in-lieu of providing the required parking,
pursuant to the following provisions." Furthermore, staff is also concerned with the Bankers
Row parking lot, located across the street on the northwest corner, and was developed to assist in
the redevelopment of the historic properties along Bankers Row (N.E. 1st Avenue).
At its meeting of April 21, 2004, the Historic Preservation Board (HPB)
recommended approval of the site plan with a 3-2 vote subject to the applicant getting approval
of the in-lieu parking request. At its meeting of February 24, 2004, the Parking Management
Advisory Board (PMAB) recommended denial of the applicant's request with a 7-2 vote (Carney
and Sacharow dissenting).
Ms. McCarthy asked if HPB and PMAB received the same information. Mr.
Dorling stated both HPB and PMAB received the same information.
Michael Weiner, Attorney with Weiner & Aronson, P.A. representing
Management Systems Worldwide L.C. (applicant), presented a booklet of information to the
Commission and briefly discussed the in-lieu parking ordinance and the definition of
"inappropriate". Mr. Weiner stated the applicant is requesting in-lieu parking spaces because the
location is a corner lot which makes it difficult to place additional parking spaces on the lot and
presents problems associated with the placement of the building. Mr. Weiner stated there is no
burden to the Banker's Row parking lot and noted he received letters of support from several
residents. Mr. Weiner urged the Commission to support this request.
Mayor Perlman stated if anyone from the public would like to speak in favor or in
opposition of the request for in-lieu parking spaces, to come forward at this time.
Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, stated when it is a new
development the parking should be provided by the development.
There being no one else who wished to address the Commission regarding the
request for in-lieu parking spaces, the public hearing was closed.
Mr. Costin asked how the credit amount is determined for the in-lieu parking.
Mr. Dorling stated the LDR's allow a refund back to the builder of the spaces for the cost of the
space.
Ms. McCarthy inquired about the on-street parking spaces and asked what is there
now. In response, Mr. Dorling stated a swale is currently located there.
Mr. Dorling stated there is a concern that one of the spaces will be too close to the
intersection and hinder the site visibility and noted if the Engineering Department is not
comfortable with this, then the number of parking spaces would be reduced to six spaces.
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Mrs. Archer inquired why the PMAB denied the request. In response, Scott
Aronson, Parking Management Specialist, stated the PMAB considered the percentage of spaces
and the proportion of spaces that would be in-lieu compared to what is being provided. Also,
Mr. Aronson stated the Planning and Zoning Staff Report of the previous approval for
Management Systems was taken into consideration at that meeting as well and the applicant
received approval for three (3) in-lieu spaces.
Brief discussion by the Commission followed.
Mr. Levinson asked if the PMAB considered the in-lieu on-street spaces being
created. Mr. Aronson stated the PMAB did consider these spaces and expressed concern
whether or not these would be time regulated.
Mr. Levinson moved to approve the purchase of five (5) in-lieu parking spaces,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy -
Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
At this point, the time being 7:17 p.m., the Commission moved to the duly
advertised Public Hearings portion of the agenda.
10.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 14-04 (SECOND READING/SECOND 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. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a
public hearing has been scheduled to be held at this time.
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 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;
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PROVIDING A SAV1NG 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.
Mayor Perlman declared the public hearing open.
Diana Sullivan, owner of the South Ocean Beach Shop, 28 S. Ocean Boulevard,
Delray Beach, FL 33483 (located on A-l-A), stated her sign is extremely important to her
business and with the sign being located outside it alerts people that her store is open. In
addition, Mrs. Sullivan stated she is the President of the Beachside Business Association and
noted that her shop has been in Delray Beach for 24 years.
Andrea Weiss, owner of Andis Scentique, 1206 E. Atlantic Avenue, Delray
Beach, FL 33483, stated she opened the shop seven months ago (courtyard shops along East
Atlantic Avenue near Ciao Sidewalk Cafd, Inc.). She stated an artist created an A-framed sign
for her business which sits on the grass and noted that since the sign has been there it has turned
her business around for the better.
Sarina Marillo, employed at Andis Scentique, stated she had the honor to speak at
the June 8, 2004 City Commission meeting two weeks ago on behalf of Andrea Weiss and other
shops located in the courtyard. Ms. Marillo stated the signs add to the character and uniqueness
of Delray Beach.
Val Sanowski, employed at the courtyard shops, stated the signs are essential in
order for the public to know their location and in order for the businesses in the courtyard area to
succeed in Delray Beach.
There being no one else who wished to address the Commission regarding
Ordinance No. 14-04, the public hearing was closed.
The City Manager stated an amendment is being drafted regarding signs for
businesses that do not have frontage (i.e. courtyard shops) and it will be presented at the next
meeting.
After brief discussion, Mayor Perlman asked staff to work with Mrs. Sullivan and
show her some options that would be permissible and beneficial to her business.
Mrs. Archer moved to approve Ordinance No. 14-04 with an effective date of
August 1, 2004, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson -
Yes. Said motion passed with a 5 to 0 vote.
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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 this ordinance on Second and FINAL Reading, a
public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 29-04 is as follows:
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.)
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;
b. Future Land Use Element - Modification of the descriptions of the
Commercial FLUM designations related to the West Atlantic Overlay
Area;
Future Land Use Element - Modification of FLUM category descriptions
to reflect consolidation and elimination of unnecessary FLUM
designations;
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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;
f. Housing Element - Update Residential Neighborhood Categorization Map
to reflect existing land use and boundary changes;
g. 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;
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;
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;
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;
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 Appendices;
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q. Public Schools Facilities Element - Amendments required to maintain
consistency with the recently amended Interlacal 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
The City Attorney read the caption of the ordinance.
Mayor Perlman declared the public hearing open as continued from June 8, 2004.
Paul Darling, Director of Planning and Zoning, stated the Comprehensive Plan is
divided into three sections and this is how it will be discussed.
Ran Haggard, Senior Planner, stated in this Comprehensive Plan amendment
there are 28 text amendments dealing with policies and updates to some afthe maps in the Plan.
Mr. Haggard stated the first five amendments relate to the descriptions in the Future Land Use
Map designations to include provisions for increased density to approximately 24 units/acre and
with the boundaries of a special overlay district within the Southwest Neighborhood Area. The
second relates to expanding the CBD (Central Business District) to include West Atlantic
Avenue to implement recommendations of the Downtown Master Plan. He stated the next three
amendments relate to consolidating and eliminating unnecessary FLUM (Future Land Use Map)
designations. Mr. Haggard stated RR (Rural Residential) is being eliminating since this no
longer occurs in the City and the suffixes for Community Facility designations are being
eliminated and do not affect the use. The next eight amendments are in the Transportation
Element; one is to update the bus route map, two are deletions of completed tasks and five are to
extend the date to accomplish task. Mr. Haggard briefly explained the remaining text
amendments.
At its meeting of May 17, 2004, the Planning and Zoning Board held a public
hearing regarding the amendment and several residents made comments related to specific
elements of the amendment. These related mainly to the proposed density increase for a portion
of the Southwest Area Neighborhood and residents were confused as to how their properties
were being affected. After discussion, the Planning and Zoning Board voted 3-1 (Sowards, Pike
and Walker absent) to recommend denial of the FLUM amendment for the Cottages of Banyan
Village project. The Board voted 4-0 (Sowards, Pike and Walker absent) to recommend
approval of the remainder of Comprehensive Plan Amendment 04-2 on first reading and
transmittal of the amendment to the Florida Department of Community Affairs.
For the benefit of the public, Mr. Hoggard stated the State requires staff to submit
a separate sign-in sheet for anyone who speaks on the text amendments.
At this point, Mayor Perlman opened the public hearing for discussion relating to
the text amendments.
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Carolyn Zimmerman, 212 S.W. 2nd Avenue, Delray Beach, stated she was not
notified of the increased density.
Joe Gray, 2032 Alta Meadows Lane, Delray Beach (JEG Consultants), stated the
proposed increased density is not only consistent with the Southwest Plan but he also believes it
is necessary for the implementation of several of the elements of the Plan in the area which call
for multi-family housing. Mr. Gray stated the Plan emphasizes the development of affordable
housing in the Southwest neighborhoods and the increased density is deemed necessary to
achieve that goal. Mr. Gray stated there have been numerous public meetings regarding this
topic both during the planning process including a meeting last week with a group of residents
who missed the previous meetings.
Patricia Flowers, 118 S.W. 4th Avenue, Delray Beach, expressed concern that she
did not receive sufficient notice of the meetings regarding this issue and feels some of the
residents do not understand what is being done in the area. Ms. Flowers stated although she
concurs that beautification should be completed along Atlantic Avenue she feels the density
should remain single-family at least within the first block (after 1st Street).
Mr. Dorling stated notices were sent to property owners of both the Planning and
Zoning Board consideration of May 17, 2004 and the June 1, 2004 consideration by City
Commission. Mr. Dorling stated there was an additional letter that was mailed out indicating
that the June 1, 2004 City Commission meeting had been changed to June 8, 2004 and special
courtesy notices were also sent to neighborhood associations within this area. This information
is usually sent out approximately ten days prior to the meeting.
Brief discussion between staff and the Commission followed.
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 S.W. l0th Street.
Mr. Dorling stated the second part of this is a site specific land use change
which relates to this property. The proposal is a privately initiated petition to go to medium
density known as the Banyan Cottages located at the southwest corner of Swinton Avenue and
10th Street.
Mr. Dorling entered the Planning and Zoning Department project file #2004-
080 and #2004-081 into the record.
Mr. Dorling stated staff feels the development proposal is not consistent with
Future Land Use Element Objective A-1 and is inconsistent with Future Land Use Element
Policy A-1.7. In addition, Mr. Dorling stated staff is also concerned with the consistency with
Housing Element Policy A-12.3. Mr. Dorling stated Housing Element Policy B-2.6 has been
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06/22/04
identified by the applicant in their justification statement indicating that the development
proposal provides the desired type of moderately priced housing near the downtown area. Mr.
Dorling stated staff feels this proposal is ten blocks from the outer edge of the downtown and
infill housing consistent with the prevailing single family land uses is more appropriate. Staff
recommends denial.
At this point, Mayor Perlman stated the public hearing will now continue
regarding the Future Land Use Map amendments.
Alice Finst, 707 Place Tavant, Delray Beach, stated what is being proposed by
this privately initiated land use change is in her opinion "spot zoning". Mrs. Finst stated some of
the properties across the railroad tracks are residential and this is a single-family enclave.
Jason Mankoff, Attorney with Weiner & Aronson, P.A., speaking on behalf of
the applicant, stated the Plan that was initially submitted has been changed. Mr. Mankoff stated
he attended Mr. Gray's meeting on Thursday at Old School Square and believes the new
proposal will meet the requirements and be a strong benefit to the area. Mr. Mankoff stated there
will be some discussions regarding the developer's agreement to incorporate workforce housing.
He requested to have the opportunity to work with staff and asked that this item be transmitted to
the Florida Department of Community Affairs (DCA).
Joe Gray, JEG Consultants, stated he did not speak with the applicant but has
had discussions with the residents. Mr. Gray stated as the project stands now, it is not consistent
with the Southwest Plan and noted the area is primarily single-family and the Plan calls for a
continuation of the designation in the area.
There being no one else who wished to address the Commission regarding
these amendments, the public hearing was closed.
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.
Paul Dorling, Director of Planning and Zoning, stated this is an area specific
amendment that relates to changing the land use designation of the commercial district north and
south of Atlantic Avenue from GC (General Commercial) to CBD (Central Business District).
Mr. Dorling explained this is another directive of the Downtown Master Plan that created three
specific zones within the CBD (West Atlantic zone from 1-95 to Swinton Avenue), and a
Downtown CBD core which ran from Swinton Avenue to the Intracoastal to the ocean. This
change and the direction of the Plan were to modify the zoning to be consistent with the balance
of downtown so that the downtown truly runs from 1-95 to the ocean. The changes do not reflect
an increase in the intensity of the types of uses allowed in those districts but brings it in line with
the Downtown Master Plan.
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06/22/04
Mr. Dorling stated the original proposal that the Planning and Zoning Board
heard on May 17, 2004 included a small piece in front of the tennis center which was to be
changed from CF to CBD to be consistent with the Plan. Mr. Dorling stated this has not been
included in this transmittal due to deed restrictions that are problematic.
The required findings with respect to this land use amendment to Chapter 3
relating to the Future Land Use Map consistency compliance to LDR's and concurrency are met.
The proposal is consistent with Comprehensive Plan policies particularly those ones that relate to
all development being consistent with the Downtown Plan. At its meeting of May 17, 2004 the
Planning and Zoning Board voted 3-1 (Sowards, Pike and Walker absent) to recommend denial
of the FLUM amendment for the Cottages of Banyan Village project. The Board voted 4-0
(Sowards, Pike and Walker absent) to recommend approval of the remainder of Comprehensive
Plan Amendment 04-2 on first reading and transmittal of the amendment to DCA. Staff
recommends to omit the privately initiated FLUM amendment for the Cottages of Banyan
Village and approve Ordinance No. 29-04 on first reading, adopting the remainder of the
Comprehensive Plan Amendment 04-2, based on positive findings that it supports and furthers
the Goals, Objectives and Policies of the Comprehensive Plan, and transmit the Amendment,
containing the material in the staff report and attachments to DCA.
At this point, Mayor Perlman declared the public hearing open for discussion
relating to 2.b. There being no one from the public who wished to address the Commission, the
public hearing was closed.
Commissioner McCarthy declared a Conflict of Interest with this item and
stepped down from the dais.
Prior to the vote, Mr. Costin expressed concern over the affordability
provision of any consideration in the development and stated this is of prime importance to the
Commission.
Mr. Levinson moved to approve Ordinance No. 29-04, seconded by Mrs.
Archer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin -
Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote.
At this point, Commissioner McCarthy returned to the dais.
10.C. 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. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a
public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 26-04 is as follows:
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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.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Brian Shutt, Assistant City Attorney, stated the ordinance is modified to provide
that skateboards are prohibited on the railings and benches in Old School Square as well as
Veteran's Park. Mr. Shutt stated also provided in the ordinance is in the event problems arise in
the future to City owned properties, the City can post signage that will also provide the same
protection. Therefore, Mr. Shutt stated staff would not have to continually appear before the
Commission to request a modification to the ordinance.
Mayor Perlman declared the public hearing open. There being no one who
wished to address the Commission regarding Ordinance No. 26-04, the public hearing was
closed.
Mr. Costin moved to approve Ordinance No. 26-04 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr.
Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman -
Yes. Said motion passed with a 5 to 0 vote.
ll.A.
City Manager's response to prior public comments and inquiries.
With regard to a prior concern expressed by Mr. Warner about the rolled back
millage for the current budget year, the City Manager stated as was announced at the September
budget hearings, the rolled back rate for the operating millage for the current year is 6.69 mills
and the final adopted operating millage is 7.52.
Secondly, with regard to a prior recommendation expressed by Mr. Smith that the
Commission consider sidewalks on both sides of Gleason Street, the City Manager stated
currently the City has been getting sidewalk deferral agreements with new developments along
Gleason Street primarily on the west side. The City Manager stated this is in anticipation of
providing a sidewalk on this side in the future and at this time there are no plans to install a
sidewalk on the east side of Gleason Street.
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06/22/04
With regard to a prior concern expressed about the Post Office, the City Manager
stated the readiness of the new carrier annex will be checked July 15th. If the building proves
ready, the carrier operation will be moved August 7th. The City Manager stated the last day of
business at the downtown station on 2nd Avenue will be Friday, August 6th and Post Office box
customers at the downtown station have been notified that all boxes will be closed July 31st.
Those who want post office boxes will have the opportunity to rent boxes at the main office
located on Military Trail. Approximately 200 box customers have made the switch and 300
boxes remain available and most Post Office box customers will change the street delivery. A
postal contract station will open Monday, August 9, 2004 at 245 N.E. 2nd Avenue and the
contract station will not offer a Post Office box delivery.
Lastly, with regard to prior comments expressed by Mr. Gould about programs
offered to teenagers by the City, the City Manager stated the Parks and Recreation Master Plan
was determined through citizens through meetings with youth sports leagues representatives,
senior focus groups, the youth council, Pompey focus group, homeowners' groups, the Haitian
American Council, and four public hearings held at West Park Baptist Church, the public library,
Pompey Park and the Community Center. The City Manager stated anyone who wanted input
into the Master Plan had ample opportunity to do so. Programs that are offered at the Teen
Center include dances, venturing programs, movies, teen rap sessions, basketball, karate, yoga,
video games, ping-pong, Play Station II, billiards, five computer terminals, lounge areas with
five televisions and a 10,000 square foot skate board park. Teen dances are offered twice a
month at Pompey Park along with a summer basketball league, tennis courts, tennis camps, and a
swimming pool. Also provided at Pompey Park are billiards, air hockey, foosball, bumper pool
and two video game stations. In addition, the City Manager stated the City has contracted with
the Village Foundation for the past two years to offer academic, recreational, and social
development activities at Pompey Park specifically for teenagers.
11.B. From the Public.
ll.B.1. Carolyn Zimmermam 212 S.W. 2nd Avenue~ Delray Beach~ FL 33444
(President of the President's Council and the Haitian American Community Council)~
discussed several issues and events which she helped to implement in Delray Beach. She stated
some people misjudge her motives for this community and explained she is not after money or
power.
Secondly, Miss Zimmerman suggested raising the salaries of both the Mayor to
approximately $20,000-$30,000 and the Commissioners to approximately $15,000-$20,000.
ll.B.2. Jay Slavim 2601 N.W. l0th Street~ Delray Beach~ FL 33445 (Rainberry Bay)~
stated she concurs with comments expressed by Miss Zimmerman about raising the salaries of
the Mayor and the Commissioners. Ms. Slavin commented about an article in the newspaper
regarding the salaries of Mayors and Commissioners and stated Delray Beach is the lowest on
the scale in Palm Beach County. Ms. Slavin stated she spoke to many people in the community
who support a Resolution to change the salaries of both the Mayor and the Commissioners and
urged staff to proceed with this as soon as possible.
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06/22/04
ll.B.3. Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, representing the
Board of Director's of Progressive Residents of Delray (PROD), stated PROD feels the
salaries for the Mayor and the Commissioners should be commensurate with the salaries of other
Mayors and City Commissioners throughout Palm Beach County.
ll.B.4. Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, FL 33483, thanked
Carolyn Zimmerman for her lifetime of volunteerism in Delray Beach and for the leadership she
showed in bringing some people from Carver Square into the Commission meeting
approximately a year ago. Mr. Smith suggested that the Commission pass a resolution this
evening for the residents of Carver Square acknowledging that the City has a high moral
responsibility to assist in finding a fair, full, and equitable solution for the people.
9oDo
APPEAL OF THE HISTORIC PRESERVATION BOARD'S DECISION
ASSOCIATED WITH ASCOT OFFICE: Consider a request to appeal the Historic
Preservation Board's action associated with a Class V site plan for the Ascot Office, located at
the southwest corner of N.E. 1st Avenue and N.E. 2nd Street. (Quasi-Judicial Hearing)
Per the applicant's request, this item has been withdrawn.
0oEo
REQUEST FOR IN-LIEU PARKING SPACES/HANDELSMAN YELLOW
BUILDING: Consider a request from Handelsman Yellow Building a/k/a the Blank House for
the purchase of six (6) in-lieu parking spaces in the amount of $72,000.00. The Blank House is
located at 85 S.E. 6th Avenue. (Quasi-Judicial Hearing)
Chevelle D. Nubin, Acting City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose any ex parte contacts they may
have. Mr. Levinson, Ms. McCarthy, Mayor Perlman, and Mrs. Archer stated they had no ex
parte communications to disclose. Mr. Costin disclosed that he spoke to Digby Bridges.
Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning
project file #2004-076 into the record.
Mr. Dorling stated the site contains a 2,137 square foot restaurant with storage on
the upper floor, an office building and an apartment building. The site plan approval of 1995
included a nine (9) space pea rock parking lot to be constructed on the southwest corner of the
property. The applicant is requesting approval to replace the parking lot with a tea garden,
provide three (3) parking spaces adjacent to the alley and purchase the remaining six (6) spaces
pursuant to LDR Section 4.6.9(E)(3)(b)(2) at a cost of $12,000 per space for a total of $72,000.
At its meeting of January 20, 2004, the Parking Management Advisory Board
(PMAB) recommended a compromise of providing one (1) row of parking on the east side of the
approved parking lot and converting the remaining west portion of the lot adjacent to S.E. 6th
Avenue (Northbound Federal Highway) to a tea garden. The applicant chose to proceed with the
original site plan modification to eliminate the entire parking lot and replace it with a tea garden.
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06/22/04
Staff recommends denial of the applicant's request based on the following: (1)
The applicant's failure to meet required findings pursuant to LDR Section 4.6.9(E) that it is
impossible or inappropriate to provide the parking on site, (2) The potential problems for the
residents of the property competing for parking with the general public and, (3) A reasonable
compromise was offered which would drastically reduce the number of in-lieu parking spaces
requested while providing the enhanced aesthetic value to this prominent intersection in
accordance with the Downtown Master Plan.
At its meeting of December 17, 2003, the Downtown Development Authority
(DDA) approved the applicant's request based on a consensus that the aesthetic value of the tea
garden at such a prominent intersection would be better than parking. At its meeting of January
7, 2004, the Historic Preservation Board (HPB) tabled this request suggesting that the applicant
demolish the existing office building at the northeast corner and provide parking adjacent to the
alley. At its meeting of February 4, 2004, the Historic Preservation Board (HPB) approved the
applicant's request with a 4-2 vote (Miller and Sexton dissenting). At its meeting of March 23,
2004, the Parking Management Advisory Board (PMAB) recommended approval of the
applicant's request in a 6-4 vote (Ramos, Poli, Sacharow and Lierle dissenting). Staff
recommends denial of the request from Handelsman Yellow Building for the purchase of six (6)
in-lieu parking spaces by adopting the findings of fact and law contained in the staff report based
upon a failure to meet required findings pursuant to LDR Section 4.6.9(E)(3).
At this point, the Commission moved to Item 9.F. to allow Mr. Bridges to prepare
for his PowerPoint presentation.
9oFo
CONTRACT AWARD/CENTEX ROONEY CONSTRUCTION
COMPANY, INC.: Consider approval of a contract award to Centex Rooney Construction
Company, Inc. in the amount of $100,693.00 for the construction of 1,010 linear feet of eight (8)
foot high screen walls along two (2) property lines of the Atlantic High School site in
compliance with City obligations under agreements with Temple Sinai and the Coral Trace
Homeowners Association. Funding is available from 334-6120-519-63.90 (General
Construction Fund/Atlantic High School/Other Improvements).
The City Manager stated Temple Sinai has asked for a wall on the piece of land
that the City bought from them which will be separate from this contract and will be forthcoming
at a later date.
Mr. Levinson moved to approve the Contract Award to Centex Rooney
Construction Company, Inc. in the amount of $100,693.00, seconded by Mr. Costin. Upon roll
call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy -
Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote.
9.G. CONTRACT AWARDS/MEDICAL/DRUG SUPPLIES: Consider approval
of contract awards, via joint bid with the City of Boynton Beach, in the estimated annual amount
of $120,000.00 to Quad Med, Inc.; Ever Ready First Aid; Sun Belt Medical; Bound Tree
Medical; and second lowest bidder, Tri-Anim Health Services for medical/drug supplies for the
Delray Beach Fire-Rescue Department. Funding is available from 001-2315-526-52.20 (General
Operating Supplies).
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06/22/04
Mr. Costin moved approve the contract awards for medical drug supplies for the
Delray Beach Fire-Rescue Department, seconded by Mrs. Archer. Upon roll call the
Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman -
Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
0.H.
OFFER OF JUDGMENT/PROPOSAL FOR SETTLEMENT IN LAURI
RICHMAN v. CITY OF DELRAY BEACH, GARY MILLER, FOGHT ENTERPRISES
AND GLM REMODELING: Consider approval of an Offer of Judgment/Proposal for
Settlement in the amount of $15,000.00 in Lauri Richman v. City of Delray Beach, et al.
The City Attorney stated this is a proposal for settlement which concerns an
alleged wrist and knee injury. The City Attorney recommends a settlement offer in the amount
of $15,000.00 and if the Plaintiff does not accept the City's offer, then the City may be able to
recoup its costs at trial if the Plaintiff' s recovery at trial is in an amount at least 25% less than
this offer.
Mrs. Archer moved to approve the Offer of Judgment/Proposal for Settlement in
the amount of $15,000.00 in Lauri Richman v. City of Delray Beach, et al, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor
Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed
with a 5 to 0 vote.
9.I. DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF
CITIES ANNUAL CONFERENCE: Designate the voting delegate to the Florida League of
Cities' 78th Annual Conference to be held at the Westin Diplomat Resort in Hollywood, Florida
on August 19-21, 2004.
Mr. Levinson inquired about the City's travel policy.
Mrs. Archer stated she has been designated as the voting delegate for two
consecutive years.
It was the consensus of the Commission to delay designating a voting delegate to
the Florida League of Cities 78th Annual Conference until the City Commission meeting of July
6, 2004.
At this point, the Commission returned to Item 9.E., Request for In-Lieu
Parking Spaces/Handelsman Yellow Building of the Regular Agenda.
Digby Bridges, Architect for the applicant, briefly explained the project f/k/a the
Blank House and stated the building is grandfathered in.
Burton Handelsman, applicant, stated he concurs with Mr. Weiner's previous
comments that it is inappropriate to put a parking lot on that particular site. Mr. Handelsman
stated this building was a restaurant facility and an eyesore before he took it over and feels this
would be a great asset to Delray.
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06/22/04
Mr. Bridges stated this would be a great asset to Delray and ideal for the Tea
House.
Mayor Perlman stated if anyone from the public would like to speak in favor or in
opposition of this request for in-lieu parking spaces, to come forward at this time. There being
no one from the public who wished to address the Commission regarding the request, the public
hearing was closed.
Mr. Dorling commented about the grandfathered relief status.
Mr. Handelsman stated he feels very fortunate to find someone to operate the
building as a Tea House.
Discussion between the applicant and the Commission followed.
Mrs. Archer stated the addition of a Rose Garden would be wonderful; however,
she feels there are requirements for parking. She is very disappointed that when the requested
Rose Garden was denied, there was no thought to try and look at another layout that might be
more conducive. Mrs. Archer stated there are some alternatives that would require a far less in-
lieu parking fee and suggested that the applicant review other alternatives to provide a more
workable situation.
Mr. Costin inquired if people will be served tea in the Rose Garden. Mr.
Handelsman stated the Rose Garden is for plants only and noted there is no room for tables and
chairs. Mr. Costin asked why there were not further considerations of entertaining parking
spaces on the property. Mr. Handelsman stated this is exchanging grass for blacktop and is
inappropriate for the site.
Mr. Levinson stated he cannot support this in its current form because he feels
there was an appropriate compromise offered by staff.
Mrs. Archer stated in its current form she cannot support it either; however, she is
willing to review other alternatives regarding the parking.
After brief discussion, it was the consensus of the Commission to table this item
and look at alternative scenarios.
Mr. Costin moved to approve to table the item to the meeting of August 3, 2004,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman -
Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said
motion passed with a 5 to 0 vote.
9.J. AGREEMENT/BLUEFISH CONCIERGE: Consider approval of an Offer of
Settlement in the amount of $5,000.00 regarding a contract between the City and Bluefish
Concierge.
Mr. Levinson stated he would like to ensure in the future that the authority for
subcontractors and/or agents is made clearer regarding contracts.
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06/22/04
Mr. Costin moved to approve the agreement with Bluefish Concierge, seconded
by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion
passed with a 5 to 0 vote.
0.K.
APPOINTMENT TO THE DOWNTOWN DEVELOPMENT
AUTHORITY: Appoint one (1) member to the Downtown Development Authority for a three
(3) year term ending July 1, 2007. Based on the rotation system, the appointment will be made
by Commissioner Levinson (Seat #3).
Mr. Levinson moved to appoint Herman Stevens as a member to the Downtown
Development Authority for a three (3) year term ending July 1, 2007, seconded by Mrs. Archer.
Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0
vote.
At this point, the Commission moved to Item 12, First Readings.
12.
FIRST READINGS:
12.A. 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 NW/SW 1st Avenue (100
Block) and NW/SW 12th Avenue (1200 Block) within the West Atlantic Avenue Overlay
District.
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 1sT
AVENUE AND NW/SW 12TM 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. 31-04 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
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06/22/04
Paul Dorling, Director of Planning and Zoning, stated this ordinance is the related
rezoning accompanying the GC (General Commercial) Core that was part of the Comprehensive
Plan.
Mr. Costin moved to approve Ordinance No. 31-04 on FIRST Reading, seconded
by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion
passed with a 5 to 0 vote.
12.B. ORDINANCE NO. 36-04: An ordinance amending Chapter 56, "Stormwater" of
the City Code of Ordinances, amending Sections 56.04, "Definitions" and 56.16, "Establishment
of Rates for Stormwater Management Assessments" to provide that individual parcel owners
within a residential subdivision shall be responsible for a prorated portion of the assessments of
all common areas within the subdivision. If passed, a public hearing will be scheduled for July
6, 2004.
The caption of Ordinance No. 36-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE
5, "PUBLIC WORKS", CHAPTER 56, "STORMWATER", OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, BY AMENDING SECTION 56.04,
"DEFINITIONS", TO PROVIDE A DEFINITION OF
"COMMON ELEMENT"; AMENDING SECTION 56.16,
"ESTABLISHMENT OF RATES FOR STORMWATER
MANAGEMENT ASSESSMENTS", TO PROVIDE THAT
STORMWATER ASSESSMENTS FOR SINGLE-FAMILY
RESIDENTIAL UNITS SHALL BE AMENDED TO
INCLUDE A PRORATED PORTION OF THE COMMON
ELEMENTS WITHIN A PLATTED SUBDIVISION THAT
ARE FOR THE EXCLUSIVE BENEFIT OF THE SINGLE-
FAMILY RESIDENTIAL LOT OWNERS THEREIN;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 36-04 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Ms. McCarthy moved to approve Ordinance No. 36-04 on FIRST Reading,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy -
Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
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06/22/04
13. Comments and Inquiries on Non-Agenda Items.
13.A. City Manager
The City Manager had no comments or inquiries on non-agenda items.
13.B. City Attorney
The City Attorney stated the County Commission had a meeting today regarding
annexation and they will go ahead with a Charter amendment in a modified ordinance form.
With regard to the affect this will have on coastal cities, the City Attorney stated she is not sure
how the final ordinance will develop.
13.C.
13.C.1.
City Commission.
Commissioner Archer
Jim Smith.
Mrs. Archer commented about comments expressed by Carolyn Zimmerman and
13.C.2.
Commissioner Costin
Mr. Costin had no comments or inquires on non-agenda items.
13.C.3.
Commissioner McCarthy
Ms. McCarthy had no comments or inquiries on non-agenda items.
13.C.4.
Commissioner Levinson
Mr. Levinson congratulated Chevelle Nubin, Acting City Clerk, on her first
official meeting.
Secondly, Mr. Levinson commented about the five year capital plan for the Palm
Beach County School District and stated the proposed middle school (O2LL) on the old Atlantic
High School site has been continued in the plan as a $34 million middle school and will be
formally adopted as time goes on.
Mr. Levinson stated he received a telephone call from Tammy Ferguson today
asking him to support their grant for the Micro Society Comprehensive School Reform dollars
and hopes the City will support it.
Lastly, Mr. Levinson stated he has been receiving complaints of some staff
members who are not responding to requests in a timely manner and suggested that a policy be
implemented to address this concern.
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06/22/04
The City Manager stated the City currently has a policy that telephone calls
should be returned within 24 hours and letters should be followed up on within five working
days.
Mr. Levinson stated as part of the upgrade to the website staff was working on
instituting a tracking system for complaints that can be logged on the City's web. The City
Manager stated this is in place and these complaints are tracked. Mr. Levinson stated one of the
City's goals is to provide top quality service.
13.C.5.
Mayor Perlman
Mayor Perlman stated there have been some complaints about the exit ramp at 1-
95 and Linton Boulevard and 1-95 and Atlantic Avenue. He stated when you exit 1-95 to go east
on Atlantic Avenue, you are not supposed to make a right turn but the traffic light stays red for a
long time to the point where one would think it is broken. Therefore, people start making a
right-hand turn when the traffic light is red and this creates a dangerous situation. Mayor
Perlman asked if the County would need to be contacted regarding the timing of the traffic lights.
The City Manager stated at this point he believes staff would need to contact the contractor but
he will find out for certain.
Secondly, Mayor Perlman stated Ernie Simon is going to be honored by the
Florida Bar for fifty years of service. Mayor Perlman feels this is a significant achievement and
suggested that a proclamation be presented to him in July.
He stated the Florida city awards are this weekend in Orlando. He feels it is nice
to see a big contingent going from Delray Beach and commented he also invited some former
mayors to attend.
With regard to Bexley Park and the petition on the use of 133rd Road, Mayor
Perlman stated he would really like a member of staff to attend the meeting with him. He stated
since Jeff Costello, Assistant Planning Director, will be out of town, another staff member
should accompany him to help answer some of the technical construction questions. Mayor
Perlman stated he sent the questions to Delores Rangel, Administrative Assistant who forwarded
them to the Planning and Zoning Department.
Mayor Perlman commented about an article in today's newspaper made by Palm
Beach County School Board member Paulette Burdick regarding the Sales Tax Referendum. He
stated she particularly picked on some of the projects in Delray. Mayor Perlman stated he would
like to invite Ms. Burdick on a personal guided tour through the City of Delray to show her
Delray's commitment to education.
Ms. McCarthy stated when Delray Beach was suffering with all the schools that
were in place no one had any issues for all those years and neighboring cities were getting new
schools and building out west. Ms. McCarthy stated that now we are getting things that we
should have been entitled to a long time ago and it is just now happening. Ms. McCarthy stated
the City of Delray Beach has waited a long time to be able to get schools that they could feel
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06/22/04
good about the young people attending. She stated it seems to be thrown out of perspective and
noted Delray Beach went without new schools for a very long time. She feels that since Delray
has two schools underway with another one on its way, this is not a lot of schools in comparison
to how long it has taken.
Mrs. Archer stated it is very pertinent that we do something that is on the record
that can be sent to various areas and individuals to apprise them of what the City is doing in a
more descriptive manner.
Mayor Perlman stated there were a lot of very good goals as a result of the Goal
Setting Sessions. He stated there are numerous upcoming projects and the City is currently
working with Congressman Hastings regarding Carver Square. In addition, he stated there are
numerous projects going on from A-1-A projects to looking at public relations which need to be
prioritized. He suggested that the Commission reconvene again and discuss some
implementation strategies for the City's goals. Mr. Levinson stated he would like to see the
Commission include the Chairman of both the Downtown Development Authority (DDA) and
the Community Redevelopment Agency (CRA) because a lot of the things the City is doing is in
partnership with them. Ms. McCarthy suggested that the City Department Heads be in
attendance at these meetings to discuss how some of these projects are going to move forward.
The City Manager suggested that he might hire an Assistant City Manager to assist in prioritizing
the projects.
There being no further business, Mayor Perlman declared the meeting adjourned
at 9:55 p.m.
Acting City Clerk
ATTEST:
The undersigned is the Acting 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 22, 2004, which Minutes were formally approved and adopted by the City Commission on
July 6, 2006
- 26 -
06/22/04
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.
- 27 -
06/22/04
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
WHO MUST FILE FORM 8B
~ form is for use by any person sewing at the county, city, or other local level of government on an appointed or electad board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your ~btiitles under the law when faced with voting on a measure in which you have a conflict of interest will vmy greatly depending
on whether you hofd an elective or appointive position. For this reasea, please p~y close attention to the instructions on this form before
comldettng the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
~, person hofdlng elective or appointive county, municipal, or other local public oftice MUST ABSTAIN ;mm voting on a measure which
~Jres to his or her sl~ciol pdvata gain or ices. Each elected or apix)loted local officer also is prohibited frem knowingly young on a mea-
ure which inures to the special gain or loss of a principal (other than a government agency) by whom be or she is retained (including the
parent erganlzatlon or subsidial7 of a corporate principal by which he or she is retained); to the special pdvata gain or loss of a relative; or
to the special private gain or less of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
t63.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
eerie.
For purposes of thio iow, a 'relative' inctodes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-tn-law,
mofher-lrt4aw, sort-tn4aw, and daughter-lo-law. A 'business associate' means any person or entity engaged in or carrying on a business
outeqxtse with the offK:er as a partner, joint venturer, couwner of properly, or co~oorate shareholder (where the shares of the coqx~ration
are nof listed on any nafio~el or regional stoc~ exchange).
ELECTED OFFICERS:
In ~ lo abstaining from voting in the situations desndbed above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
WITHIN 15 DAYS AFTER THE VOTE OCCURS by corepfating and filing this fom~ with the persu~?, res~ fo,~ recording the min-
ufa$ o~ ~he meeting, who should incoq:mmta the farm in the mthutes. , · ~/
APPOIHTED OFFICERS:
AJlhongh you must abstain from voting In the situations described above, you otherwise may participate in these matters. However, you
_must disck)ee the nature of Ihe couflict before making any attempt to influanee the decision, whether orallY or in writing and whether made
: YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
· YOU must c~lpfafa and file this foml (before making any attempt to infiuence the decision) with the person responsible fer reeerding the
mlouta~ of the meeting, ~no will Incoqoomte the form in the minutes. (Continued oft other side)
CEFORMSB-EFF. 1/2000 ~ ~,~). ,.~ PAGE1
APPOINTED OFFICERS (continued)
· A coPY of the form must be provided Immediately to the o~er members of the agency.
The form must be read pabliciy at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
You must disclose orally the nature of your conflic~ in the measure before participating.
· You must complete the form and file it within 15 days after the vote occurs with the parson responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
age~cY, andtheformmustbereadpubticlyatthenextmeetingaftertheformisfiled. ? ' ~ ·
DISCLOSURE OF LOCAL OFFICER'S INTEREST
,- / '' - / -'
(a) A measure came or will come before my agency which (check one)
__ inured to my special private gain or loss;
Inured to the special gain or ~ of my business associate,
inured to the s~al gain or loss of my reiative,
inured to the s ainorlussof : ~.'" ~ .2 .
whom I am retained; or
X inumdtethaml~orin~of Current Trends International Realty
is ~e pamm o~m~'~o. Or ~b~d~ of a p~m~pal ~ has rate.ed me.
(b) Tbe mecaum be~m my agency and the ~a~me of my co~k~ng ~em~ in the measure is as f~lo~:
Date Filed
CIVIL pENALTY NOT TO EXCEED $10,000.
NOTICE: UNDER PROVISIONs OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLosURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
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