08-03-04 MinutesAUGUST 3~ 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, August 3, 2004.
1. Roll call showed:
Present -
Commissioner Patricia Archer
Commissioner Bob Costin
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Absent -
None
Also present were -
David T. Harden, City Manager
Susan A. Ruby, City Attorney
Brian Shutt, Assistant City Attorney
Terrill Pyburn, Assistant City Attorney
Chevelle D. Nubin, Acting City Clerk
2_ The opening prayer was delivered by Reverend Nancy Norman with Unity
of Delray Beach.
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given.
The Pledge of Allegiance to the flag of the United States of America was
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AGENDA APPROVAL.
Staff requested Item 8.J.l., Contract award to PGAL/Eliopoulos be
removed from the Consent Agenda and placed on the Special/Workshop meeting of
August 10, 2004.
In addition, staff requested Item 9.J., 2004-2005 Florida Department of
Children and Families Block Grant for Prevention and Treatment of Substance
Abuse Funding Agreement/Community Child Care Center be removed from the
Regular Agenda because Exhibit "A" was not included with the backup material. This
item will be discussed at the Special/Workshop meeting of August 10, 2004.
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; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion
passed with a 5 to 0 vote.
5. APPROVAL OF MINUTES:
Mr. Costin moved to approve the Minutes of the Regular Meeting of July
20, 2004, 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.
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PROCLAMATIONS:
6.A. Recognizing and commending Division Chief Rob Moreland - Palm
Beach County Chapter of the Emergency Medical Services (EMS) Provider's
Association Lifetime Achievement Award
Mayor Perlman read and presented a proclamation recognizing and
commending Division Chief Robert Moreland for being awarded the Palm Beach
County "Lifetime Achievement" Award and for his continued commitment and service to
our community, Palm Beach County, and the State of Florida through public education
efforts, service design enhancement, professional development, and patient advocacy.
Robert Moreland came forward to accept the proclamation.
6.B. Recognizing and commending Paramedic Jeff Harkcom - Palm Beach
County Chapter of the Emergency Medical Services (EMS) Provider's Association
Paramedic of the Year for 2004
Mayor Perlman read and presented a proclamation recognizing and
commending Jeff Harkcom - Palm Beach County "Paramedic of the Year" for 2004
for his prompt and efficient response to a serious life threatening incident which clearly
resulted in a life saved and for his dedication and service to the community of Delray
Beach and the Fire-Rescue Department. Jeff Harkcom came forward to accept the
proclamation.
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Recognizing and commending Oleg Rudenko
Mayor Perlman read and presented a proclamation recognizing and
commending Oleg Rudenko on his outstanding achievements in mathematics and for
bringing honor and distinction to Atlantic High School and the City of Delray Beach
through his efforts.
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Recognizing Betty Jameson Day
Mayor Perlman read and presented a proclamation recognizing and
commending Betty Jameson for her many golf accomplishments and gifts to the Delray
Beach Golf Club. Betty Jameson came forward to accept the proclamation.
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6.E. City of Delray Beach Fire Fighter Appreciation Week - August 29 -
September 4, 2004
Mayor Perlman read and presented a proclamation hereby proclaiming the
week of August 29, 2004 through September 4, 2004 as City of Delray Beach Fire
Fighter Appreciation Week in Delray Beach, Florida and commend the City of Delray
Beach Fire Fighters for their efforts on behalf of the Muscular Dystrophy Association.
Mike McCleary and Jim Tabeek came forward to accept the proclamation.
PRESENTATIONS:
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American Legion Milton Myers, Post 65 - Scott Schley
Scott Schley, Commander with the American Legion Milton Myers Post
65, distributed a flyer regarding the Four Man Scramble Golf Tournament being held on
Saturday, August 7, 2004. Mr. Schley stated the proceeds will benefit children and will
go to the toy drive for the Police Department and Fire-Rescue Department. He presented
a check to Chief Koen in the amount of $500.00. Chief Koen came forward to accept the
check and thanked Mr. Schley for the donation.
CONSENT AGENDA: City Manager Recommends Approval.
8.A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve
and ratify the actions of the South Central Regional Wastewater Treatment and Disposal
Board at their Quarter Annual Meeting of July 15, 2004.
8.B. FINAL BOUNDARY PLAT APPROVAL/BELLA VISTA PLAT:
Approve the boundary plat for Bella Vista, located on the west side of Gleason Street,
south of East Atlantic Avenue.
8.C. ACCEPTANCE OF A RIGHT-OF-WAY DEED AND ACCESS
AGREEMENT/329 PINEAPPLE GROVE WAY: Approve and accept a right-of-way
deed and access agreement associated with 329 Pineapple Grove Way, located on the east
side of Pineapple Grove Way (N.E. 2nd Avenue) between N.E. 3rd Street and N.E. 4th
Street, within the Pineapple Grove Main Street Area.
8.D. DISASTER RECOVERY CONTRACTS: Approve contracts between
the City and Phillips and Jordan, Inc.; DRC, Inc.; and D&J Enterprises, Inc. for disaster
recovery services.
8.E. CODE ENFORCEMENT BOARD RULES: Approve revised
General Rules of Procedure for the Code Enforcement Board as adopted by that board on
May 25, 2004.
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8.F. APPRAISAL FOR CITY PARCEL: Approve a request to have an
appraisal performed on a parcel owned by the City, located at the northeast corner of S.E.
4th Street and S.E. lst Avenue, for the potential sale of the parcel.
8.G.
AMENDMENT/COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) SUB-RECIPIENT FUNDING AGREEMENT/COMMUNITY CHILD
CARE CENTER: Approve an amendment to the Community Development Block
Grant (CDBG) Subrecipient agreement between the City and the Community Child Care
Center to increase the 2003-2004 CDBG funding amount from $22,000.00 to $30,000.00
to implement substance abuse prevention services. Funding is available from 118-1966-
554-83.01 (Community Development/Other Grants and Aids).
8.H. AGREEMENT/D.R. HORTON, INC./BEXLEY PARK: Approve an
agreement between the City and D.R. Horton, Inc. for additional infrastructure requested
by the City associated with the Bexley Park Project.
8.1. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period July 19, 2004 through July 30, 2004.
8.j.
AWARD OF BIDS AND CONTRACTS:
THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
Purchase award to Pierce Manufacturing/Ten-8 Fire Equipment,
Inc. in the amount of $447,875.00 via the Lake County Bid #99-
150 for a Pierce Manufacturing, Inc. pumper-ladder fire
suppression unit with a 61 foot "Sky Boom" rescue ladder/water
tower assembly. Funding is available from 501-3312-591-64.20
(Central Garage Fund/Automotive).
Purchase award to Pro-Am Safety, Inc. in the amount of
$27,490.95 for the purchase of twenty-five (25) integrated Personal
Alert Safety System (PASS) for the Scott Aviation Self-Contained
Breathing Apparatus (SCBA) used by the Fire Department.
Funding is available from 334-6112-519-64.90 (General
Construction Fund/Other Machinery/Equipment).
Contract award to BSA Corporation in the amount of
$7,096,278.00 and Change Order No. 1 in the amount of
$43,946.00 for a total cost of $7,140,224.00 for the construction of
the new Delray Beach Public Library. Funding is available from
334-3552-571-62.10 (General Construction Fund/Buildings).
Mr. Levinson moved to approve the Consent Agenda as amended,
seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson
- Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer -
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Yes. Said motion passed with a 5 to 0 vote.
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REGULAR AGENDA:
9.A. CONDITIONAL USE REQUEST/LINDELL SQUARE: Consider a
request for conditional use approval to allow for a proposed mixed-use development
containing 114 residential units (15.99 dwelling units per acre) and 23,000 square feet of
commercial floor area for Lindell Square, located at the northwest corner of Federal
Highway and Lindell Boulevard. (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 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
communications. Mr. Levinson stated he spoke with Mr. Weiner and Mr. Chip
Falkanger. Mr. Costin stated he spoke with Mr. Weiner. Mrs. Archer stated she spoke
with Mr. Weiner. Ms. McCarthy and Mayor Perlman had no ex parte communications to
disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2004-205 into the record.
Mr. Dorling stated this site is located at the northwest corner of Federal
Highway and Lindell Boulevard. The property currently contains seven single-family
residences that were constructed between 1950 and 1960; a 5,318 square foot auto repair
facility (Certified Auto Repair) that was constructed in 1963; and, a mobile home park
that was established in 1955 and an associated 1,224 square foot office. The property
contains 7.13 acres. A conditional use application has been submitted to establish a
mixed use development consisting of 114 multiple family dwelling units (15.99 dwelling
units per acre) and 23,000 square feet of commercial floor area and will involve the
aggregation of several properties.
At its meeting of July 19, 2004, the Planning and Zoning Board held a
public hearing in conjunction with the request and one member from the public spoke.
The Board expressed concern regarding the drab color scheme of the proposed
development. After discussing the proposal, the Board voted 5-1 (Borchardt dissenting,
Peltzie absent) to recommend approval of the mixed use development with a residential
density of 15.99 dwelling units per acre based on positive findings with respect to
Chapter 3 (Performance Standards), LDR Sections 2.4.5(E)(5) (Conditional Use
Findings) and 4.4.6(I), Lindell/Federal Redevelopment Plan and the policies of the
Comprehensive Plan, subject to the nine (9) conditions outlined on pages 19 & 20 of the
Planning and Zoning staff report.
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Michael Weiner, Attorney with Weiner & Aronson, P.A., 102 N. Swinton
Avenue, Delray Beach, representing the Applicant (The Kahilt Corporation) stated this is
a mobile home park with some automotive repair and is within the redevelopment area.
Mr. Weiner stated there are four major categories they have met: (1) Chapter 3
requirements, (2) LDR Section 4.4.6(I) Performance Standards, (3) redevelopment
criteria in the Comprehensive Plan, and (4) LDR Section 2.4.5(E).
project.
Jiro Yates, Architect for the project, gave a brief slide presentation of the
Mayor Perlman stated if anyone from the public would like to address the
Commission regarding the Conditional Use request, to come forward at this time.
Alice Finst, 707 Place Tavant, Delray Beach, complimented Mr. Weiner
and his architect for providing low to moderate income housing with their 700 square
foot unit. She feels this is the start of more projects like this which will accommodate
people in the lower income bracket.
There being no one else from the public who wished to address the
Commission regarding the in-lieu request, the public hearing was closed.
Mr. Costin inquired about the color scheme and asked if this has been
resolved. Mr. Dorling stated the architect indicated that these colors were not the exact
colors that were going to be proposed and this satisfied the Planning and Zoning Board.
Mr. Dorling stated the color issue will go before the Site Plan Review and Appearance
Board (SPRAB).
Mr. Levinson stated he had the opportunity to speak with the Tropic Isle
Civic Association President and the Tropic Bay Condominium Association Director and
they are thrilled and very complimentary of the project.
Mr. Costin moved to approve the Conditional Use request for Lindell
Square subject to staff recommendations, seconded by Ms. McCarthy. 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.B. CONDITIONAL USE REQUEST/CITYWALK AT PINEAPPLE
GROVE: Consider a request for conditional use approval to allow for a building height
up to 57' 5" for a non-habitable roof appurtenance and 50' 2" for the mansard roof
features for Citywalk at Pineapple Grove (a.k.a. Pineapple Grove Building), located at the
nd
northwest corner of Pineapple Grove Way and N.E. 2 Street. (Quasi-JudicialHearing)
Mr. Costin declared a conflict of interest and stepped down from the dais.
Chevelle D. Nubin, Acting City Clerk, swore in those individuals who
wished to give testimony on this item.
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Mayor Perlman asked the Commission to disclose any ex parte
communications. No ex parte communications were disclosed.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2004-283 into the record.
Mr. Dorling stated at its meeting of November 19, 2003 the Site Plan
Review and Appearance Board approved a Class V modification for a mixed use
development which consisted of 16,601 square feet of commercial floor area and 40
residential units (29.63 dwelling units per acre) in a four-story building on N.W. 2nd
Avenue. The height of the proposed building was approximately 48 lA feet which
exceeded the maximum height of 48 feet allowed in the CBD (Central Business District).
The site plan was approved with several conditions which include the increase in height
for the mansard roofs from 48 feet to 50 feet 2 inches. A conditional use application has
been submitted for an increase in building height to 57 lA feet for a non-habitable roof
appurtenance that connects the roof vents for future restaurants to an elevator tower.
At its meeting of April 19, 2004, the Planning and Zoning Board held a
public hearing in conjunction with the request and one person from the public spoke in
opposition to the height increase. After discussing the proposal, the Board unanimously
voted 4-0 (Peltzie absent, Pike and Morris stepped down) to recommend approval of the
height increases for Citywalk at Pineapple Grove based on positive findings with respect
to Chapter 3 (Performance Standards), LDR Sections 2.4.5(E)(5) (Conditional Use
Findings) and 4.3.4(J)(4)(b), the Pineapple Grove Main Street Neighborhood Plan, and
the policies of the Comprehensive Plan.
Gary Eliopoulos, Architect for the project, stated one of the key things in
their approval process is discussion about restaurants. He briefly explained the
architectural design of the project.
Mayor Perlman asked if anyone from the public would like to address the
Commission regarding the Conditional Use request, to come forward at this time. There
being no one from the public who wished to address the Commission regarding the
Conditional Use request, the public hearing was closed.
Mr. Levinson stated this is a great addition. He stated in terms of
architectural features, it significantly improves the appearance of the building.
Mrs. Archer stated this is an excellent use of architecture.
Mayor Perlman stated this is really to accommodate a restaurant use. He
stated he read something recently by the Mayor of South Carolina who started a design
program for elected officials at Harvard who talks about designing buildings that will be
viable thirty years into the future. Mayor Perlman stated having restaurants in the
Pineapple Grove area brings the street to life and makes this building a viable product not
just for today' s market but for the sustainability into the future.
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Mrs. Archer moved to approve the Conditional Use request for Citywalk
at Pineapple Grove subject to staff recommendations, seconded by Ms. McCarthy. Upon
roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Archer - Yes;
Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote.
At this point, Mr. Costin returned to the dais.
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. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
ANNUAL ACTION PLAN (FY 2004 - 2005): Consider approval of the Community
Development Block Grant (CDBG) Annual Action Plan required by the Housing &
Urban Development (HUD) Department of the United States for utilization of grant
funds.
Lula Butler, Director of Community Improvement, stated this item is
before the Commission for a public hearing and approval of the Annual Action Plan
required by the United States Housing & Urban Development Agency (HUD) for
utilization of grant funds. Each year HUD requires all local municipalities and urban
counties to prepare local housing plan documents as a condition of receiving federal
assistance. The City's plan to address these issues must be identified in a one plan
document that identifies these goals for all the community planning and development
programs.
Mrs. Butler stated one of the requirements is a citizen participation process
and noted there was a meeting held at Pompey Park Recreation Center to receive
additional public input. She stated a group of residents from Carver Square attended to
discuss their situation; representatives from the street patrol addressed the issue of gang
activity; and, representation from the Southridge neighborhood discussed issues in their
neighborhood. Mrs. Butler stated this year the annual allocation is proposed at $700,000
a reduction of $14,000 from last year.
Mayor Perlman declared the public hearing open.
A1 Williams, 734 E. Boulevard Chatelaine, Delray Beach, commented
about the community input meeting held last month and noted that the facilitator began
the meeting by stating that the Plan would be presented to the community. However, the
Plan was never presented but instead residents were given an overview of what the
CDBG dollars are about. Mr. Williams stated the community identified some needs that
they would like to see addressed with some of the funding received from the CDBG
Block Grant. He stated the community is not aware of what the Plan consists of and
urged the Commission to not approve the Plan until it has been presented to the
community.
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There being no one else who wished to address the Commission regarding
this item, the public hearing was closed.
Mayor Perlman stated this is the first year he was not able to attend the
meeting because of a conflict. He inquired if anything was done differently this year.
Mrs. Butler stated at that time staff had not made a final recommendation on who would
become the sub-recipients. However, staff identified the proposed use of dollars and a
list was provided for the public at Pompey Park and on July 4, 2004 staff published the
Consolidated Action Plan that identified the categories the City proposes to fund for this
year's activities. In addition, Mrs. Butler stated the Annual Action Plan was made
available at the Delray Beach Housing Authority, the Delray Beach Library, and City
Hall for the public.
Mr. Costin moved to approve the Community Development Block Grant
(CDBG) Annual Action Plan for fiscal year 2004-2005, seconded by Mr. Levinson.
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.
10.B. ORDINANCE NO. 44-04 (FIRST READING/FIRST PUBLIC
HEARING): An ordinance amending Ordinance No. 14-04, by enacting a new
Subsection 4.6.7(E)(3)(e), "Ground Signs", to allow the placement of certain Ground
Signs in certain locations. If passed, a second public hearing will be scheduled for
August 17, 2004. Prior to consideration of passage of this ordinance on First
Reading/First Public Hearing, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 44-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING ORDINANCE 14-04, BY ENACTING A
NEW SUBSECTION 4.6.7(E)(3)(e), "GROUND
SIGNS", TO ALLOW THE PLACEMENT OF
CERTAIN GROUND SIGNS IN CERTAIN
LOCATIONS; BY AMENDING APPENDIX "A" OF
THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH TO PROVIDE FOR THE
DEFINITION OF "GROUND SIGN"; PROVIDING A
SAVINGS CLAUSE, A GENERAL REPEALER
CLAUSE, AN 1NCLUSIONARY CLAUSE AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 44-04 is on file in the City Clerk's
office.)
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The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
The City Manager stated based on previous discussions with the
Commission staff has modified the ordinance reducing the size to four square feet and the
minimum height to five feet.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 44-04,
the public hearing was closed.
Mr. Costin moved to approve Ordinance No. 44-04 on First Reading/First
Public Hearing, 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.
10.C. ORDINANCE NO. 35-04 (FIRST READING/FIRST PUBLIC
HEARING): An ordinance amending Land Development Regulations (LDR) Section
4.6.9(E), "Location of Parking Spaces", relating to in-lieu fees and amending Appendix
"A" "Definitions", by enacting a definition for new development, redevelopment, and in-
fill development. If passed, a second public hearing will be scheduled for August 17,
2004. Prior to consideration of passage of this ordinance on First Reading/First Public
Hearing, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 35-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES,
BY AMENDING SECTION 4.6.9, "OFF-STREET
PARKING REGULATIONS", SUBSECTION 4.6.9(E),
"LOCATION OF PARKING SPACES" TO PROVIDE
FOR CHANGES IN THE IN-LIEU PARKING FEE,
MAXIMUM NUMBER OF IN-LIEU SPACES THAT
MAY BE PURCHASED, ALTERNATIVES TO
PURCHASING IN-LIEU FEE PARKING SPACES,
AND AMENDING THE IN-LIEU FEE DISTRICT
MAP TO REFLECT THE CREATION OF ANOTHER
AREA; AMENDING APPENDIX "A" BY
ENACTING A DEFINITION FOR "NEW
DEVELOPMENT, REDEVELOPMENT AND IN-FILL
DEVELOPMENT"; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
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office.)
(The official copy of Ordinance No. 35-04 is on file in the City Clerk's
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Perlman stated the City Manager recommends that the Commission
table the ordinance for the four (4) reasons listed in his memorandum.
Scott Aronson, Parking Management Specialist, stated on June 24, 2003,
the Parking Management Advisory Board (PMAB) directed staff to create more stringent
criteria to the in-lieu of fee program. The Board's concern was centered on the
interpretation of LDR Section 4.6.9(E)(5)(3) by applicants that the purchase of in-lieu
parking spaces is an entitlement and cannot be denied or minimized. The Board
discussed numerous scenarios for criteria which went before the Planning and Zoning
Board at their meeting of April 19, 2004. The Planning and Zoning Board had some
modifications and directed staff to go back to the PMAB to address some of their
concerns. On July 19, 2004, the Planning and Zoning Board approved the modifications
as listed in the Planning and Zoning staff report.
Mayor Perlman declared the public hearing open.
Michelle Hoyland, Urban Planner representing Weiner & Aronson, P.A.,
102 N. Swinton Avenue, Delray Beach, stated representatives from this office have
attended most public hearing meetings where this item has been discussed. Mrs. Hoyland
stated they do not agree with limiting the number of in-lieu spaces to three (3) and seven
(7) with regard to the parking requirements. She stated this ordinance is geared toward
restaurants and expressed concern over the upgrades of parking lots. She suggested staff
review this ordinance where it talks about not being able to utilize the in-lieu ordinance if
there is existing parking that is eliminated. Mrs. Hoyland stated there are also other
issues which need to be addressed.
There being no one from the public who wished to address the
Commission regarding Ordinance No. 35-04, the public hearing was closed.
Mr. Levinson moved to postpone Ordinance No. 35-04 on First
Reading/First Public Hearing of Ordinance No. 35-04 to the Commission meeting of
September 7, 2004, seconded by Mr. Costin. 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.
10.D. ORDINANCE NO. 43-04 (FIRST READING/FIRST PUBLIC
HEARING): An ordinance amending Land Development Regulations (LDR) Section
4.4.9(B)(5), "General Commercial Zoning District", to provide that commercial uses are
allowed in mixed-use developments in the General Commercial (GC) Zoning District if
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commercial uses are provided on the ground floor and occupy no less than 25% of the
structure. If passed, a second public hearing will be scheduled for August 17, 2004. Prior
to consideration of passage of this ordinance on First Reading/First Public Hearing, a
public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 43-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES,
BY AMENDING SECTION 4.4.9, "GENERAL
COMMERCIAL (GC) DISTRICT", SUBSECTION
4.4.9(B), "PRINCIPAL USES AND STRUCTURES
PERMITTED" TO PROVIDE THAT COMMERCIAL
USES ARE ALLOWED IN MIXED-USE
DEVELOPMENTS IN THE GC ZONING DISTRICT
IF COMMERCIAL USES ARE PROVIDED ON THE
GROUND FLOOR AND OCCUPY NO LESS THAN
25% OF THE STRUCTURE; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 43-04 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.
Paul Dorling, Director of Planning and Zoning, stated the current
regulations state that 50% of the gross floor area is devoted to commercial uses. The
current provision of at least 50% of the total floor area is reasonable for a two-story
structure; however, it becomes more impractical for a three or four-story structure to
accommodate such minimum percentages of commercial floor area. The proposed
amendment of LDR Section 4.4.9(B)(5) is to require the ground floor of a mixed-use
building to be devoted to commercial uses and that the ground floor equates to at least
25% of the total building square footage. Square footage devoted to vehicular use (i.e.
parking spaces, travel lanes, etc.) should be excluded from the 25% calculation. The
amended text will also restrict residential uses from occupying the ground level of a
mixed-use structure.
At its meeting of July 8, 2004, the Community Redevelopment Agency
(CRA) recommended approval of the proposed text amendment. At its meeting of July
14, 2004, the Downtown Development Agency (DDA) recommended approval of the
proposed text amendment. At its meeting of July 19, 2004, the Planning and Zoning
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Board recommended approval of the proposed text amendment on a vote of 6-0 (Peltzie
absent).
Ms. McCarthy inquired about staff s recommendation. Mr. Dorling stated
under the current regulations, if there is anything more than a two-story building and it
requires 50% of that building to be commercial, it is forcing the commercial component
to be more than one-story.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 43-04,
the public hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 43-04 on First Reading/First
Public Hearing, 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.
10.E. ORDINANCE NO. 45-04: An ordinance amending Chapter 111,
"Advertising", by repealing Chapter 111 in its entirety and amending Chapter 118
"Solicitors and Peddlers", by repealing Chapter 118 in its entirety and enacting a new
Chapter 118 "Solicitors and Peddlers", to provide an updated code including new
provisions on the vending of products from motor vehicles. 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. 45-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING TITLE IX, "BUSINESS REGULATIONS",
OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING
CHAPTER 111, "ADVERTISING", BY REPEALING
CHAPTER 111 IN ITS ENTIRETY AND AMENDING
CHAPTER 118, "SOLICITORS AND PEDDLERS", BY
REPEALING CHAPTER 118 IN ITS ENTIRETY AND
ENACTING A NEW CHAPTER 118, "SOLICITORS
AND PEDDLERS", TO PROVIDE AN UPDATED CODE
ON SOLICITORS AND PEDDLERS INCLUDING NEW
PROVISIONS ON THE VENDING OF PRODUCTS
FROM MOTOR VEHICLES; PERMIT REQUIREMENTS
FOR JUVENILES ENGAGING IN SOLICITING AND
PEDDLING; AND THE INCLUSION OF THE
DISTRIBUTION OF HANDBILLS IN THE SAME
CHAPTER FOR EASE OF REFERENCE; PROVIDING
A SAVINGS CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
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08/03/04
(The official copy of Ordinance No. 45-04 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 stepped down from the dais and passed the gavel to Vice
Mayor McCarthy.
Terrill Pyburn, Assistant City Attorney, stated this ordinance includes new
provisions regarding vending products from motor vehicles to address the concerns of ice
cream trucks. The vendors are prohibited from soliciting between the hours of 7:00 p.m.
and 8:00 a.m. from September through May and an inclusion has been provided for the
distribution of handbills from June through August between the hours of 8:00 p.m. - 8:00
a.m. Staff has also provided some new case law regarding first amendment solicitors,
peddlers, and handbills in addition to criteria for permit denials.
Mr. Costin asked if the ice cream vendors who require a health permit
have to have this before applying for an occupational license. The City Attorney stated
the Health Department would be responsible for enforcing this. Ms. Pyburn stated the
City would require that the vendor have a license from the Health Department in
conjunction with the City' s occupational license in order to operate on the streets.
Mr. Levinson thanked Mrs. Gholston for bringing this to his attention
because there was an issue with children running to the vendors in the streets particularly
after dark.
Mayor Perlman declared the public hearing open.
Carolyn Gholston, 1438 S.W. 2nd Street, Delray Beach, stated for years
there have been problems with the peddlers, vendors, and trucks and expressed concern
over the safety of the children. She thanked the Commission for this ordinance.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 45-04, the public hearing was closed.
Mr. Costin moved to adopt Ordinance No. 45-04 on Second and FINAL
Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Mr. Costin - Yes; Mrs. Archer -Yes; Mr. Levinson - Yes; Vice Mayor McCarthy - Yes.
Said motion passed with a 4 to 0 vote.
10.F. ORDINANCE NO. 34-04: An ordinance amending the Land
Development Regulations (LDR) Section 4.3.3(P), "Satellite Dish-Satellite Television
Antenna", to provide updated regulations for Satellite Dishes and Antennas. Prior to
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08/03/04
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. 34-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER FOUR, "ZONING
REGULATIONS", OF THE LAND DEVELOPMENT
REGULATIONS, SECTION 4.3.3(P), "SATELLITE DISH
--SATELLITE TELEVISION ANTENNA"; TO PROVIDE
AN UPDATED ORDINANCE ON SATELLITE DISHES;
PROVIDING A SAVINGS CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 34-04 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.
At this point, Mayor Perlman returned to the dais.
Paul Dorling, Director of Planning and Zoning, stated this is being
processed in order to obtain consistency between the federal regulations and the City's
regulations regarding satellite dishes. Currently, permits are required for all satellite
dishes. The amendment will only require a permit for those that are greater than one
meter (39.37") in diameter or any size satellite dish that is mounted on a mast higher than
12 feet above the roof line.
At its meeting of June 21, 2004, the Planning and Zoning Board held a
public hearing regarding the amendment. After discussing the amendment, the Board
voted 6-0 (Krall absent) to recommend approval of the proposed amendment, based upon
positive findings with LDR Section 2.4.5(M).
Mr. Dorling stated at first reading of this ordinance Commissioner
Levinson expressed concern on whether this would have an impact on HD TV satellite
facilities and noted these types of dishes are 18" x 20" and therefore this would not be an
issue.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 34-04,
the public hearing was closed.
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08/03/04
Ms. McCarthy moved to adopt Ordinance No. 34-04 on Second and
FINAL Reading, seconded by Mr. Levinson. 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.
At this point, the Commission moved to Item 11, Comments and
Inquiries 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 prior concern expressed by Mr. Smith about contacting
Palm Beach County to add bicycle lanes on Congress Avenue, the City Manager stated
staff has had conversations with Palm Beach County and will be drafting a letter to the
appropriate parties about this.
Secondly, the City Manager stated he has additional information regarding
the Post Office. On Friday, August 6, 2004 the Post Office will move to its new location
at 855 N.W. 17th Avenue, Suite C. Postal customers will pick up hold mail and collect
items with delivery notices at the new annex. There will be no retail service at this
annex. The hours of operation are Monday through Friday, 9:00 a.m. - 4:00 p.m. and
10:00 a.m. - 1:00 p.m. on Saturday. Postal retail services will be available at a new
contact postal location in the Pineapple Grove district at 245 N.E. 2nd Avenue. The hours
of operation are Monday-Friday 9:00 a.m. - 6:00 p.m. and 10:00 a.m. - 2:00 p.m. on
Saturday.
11.B. From the Public.
ll.B.1. Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, publicly thanked
the Commission for "Walk a Child to School Day" and announced this event will be held
on October 6, 2004. He congratulated the Mayor, the Commission, and staff for
participating with 100% attendance in "Walk a Child to School Day" for the past two
years. In addition, Mr. Smith thanked Representative Anne Gannon, the City Attorney,
and the former City Clerk for also participating. Mr. Smith stated the Safe Kids Coalition
is supporting the activities and will be providing all the t-shirts, banners, federal express
trucks, and the gift bags for the children.
At this point, the time being 7:30 p.m., the Commission moved to Item
9.C. of the Regular Agenda.
9.C. CONDITIONAL USE REQUEST/JESSICA LINEHAN: Consider a
request for conditional use approval to allow utilization of the business and the residential
unit to parties that are not the owner, proprietor, or employee of the business, for the
Jessica Linehan property, a proposed mixed-use (residential/office) development, located
on the east side of N.W. 1st Avenue, approximately 193 feet north of N.W. 1st Street.
(Quasi-Judicial Hearing)
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08/03/04
Vice Mayor McCarthy declared a conflict of interest and stepped down
from the dais.
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
communications. No ex parte communications were disclosed.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2004-289 into the record.
Mr. Dorling stated at its meeting of March 3, 2004, the Historic
Preservation Board approved a Class V Site Plan, Landscape Plan, and Design Elements
for the construction of a 3,583 square foot two-story mixed-use building (office and
residential) that includes an 1,800 square foot office space on the first floor and 1,783
square foot of residential space (two bedrooms) on the second floor with a sun
deck/canopy at the south side of the parking area. Pursuant to LDR Section 4.4.24(C)(2),
a conditional use can be granted which allows utilization of the business and the
residential unit by parties that are not the owner, proprietor, or employee of the business.
As the applicant has chosen not to reside within the residential unit, a conditional use
request has been submitted.
At its meeting of July 19, 2004, the Planning and Zoning Board held a
public hearing in conjunction with the Conditional Use request. After discussion, the
Board voted 5-1 (Borchardt dissenting) in favor of the Conditional Use request to allow
the owner of the property to live off premises and to allow utilization of the business,
based upon positive findings with respect to Section 4.4.24(C)(2), Chapter 3
(Performance Standards), Section 2.4.5(E)(5) (Conditional Use findings) of the Land
Development Regulations, the Goals, Objectives, and Policies of the Comprehensive
Plan.
Michelle Hoyland, Urban Planner representing Weiner & Aronson, P.A.,
102 N. Swinton Avenue, Delray Beach, speaking on behalf of Jessica Linehan (owner),
concurs with the Planning and Zoning staff report with the exception that Ms. Linehan is
undecided as to whether or not she will live on the property and she would like the option
to rent or sell the property to someone else and the option to rent or sell the business on
the first floor. Mrs. Hoyland urged the Commission to approve the request.
Mayor Perlman stated if anyone from the public would like to address the
Commission regarding the Conditional Use request, to come forward at this time. There
being no one from the public who wished to address the Commission regarding the
Conditional Use request, the public hearing was closed.
Mr. Costin asked if this would apply to other properties as well. Mr.
Dorling stated this is a conditional use specific to this property only.
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08/03/04
Mr. Costin moved to approve the Conditional Use request for the Jessica
Linehan property subject to the staffs recommendations, seconded by Mr. Levinson.
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.
At this point, the time being 7:38 p.m., the Commission moved to Item
9.L. of the Regular Agenda.
9.L. REVISED MEMORANDUM OF AGREEMENT/CHILDREN'S
SERVICES COUNCIL (CSC) AND REVISED SUBCONTRACT/CHILDREN
CASE MANAGEMENT ORGANIZATION: Consider approval of a Revised
Memorandum of Agreement between the City of Delray Beach and Children's Services
Council (CSC) and a Revised Subcontract between the City and the Children Case
Management Organization (CCMO) in the revised amount not to exceed $165,000.00 in
support of the Beacon Center Services at Village Academy Elementary School and
Subcontracts between the City and the Community Child Care Center.
Lula Butler, Director of Community Improvement, stated this is a revision
to an item the City Commission approved at their meeting of July 20, 2004. At that time,
staff submitted three contracts for the period covering August 1, 2004 through September
30, 2005. The agenda item also included the subcontract between the City and CCMO
for the same time period. The subcontract agreement with the Child Care Center
addressed the period of August 1, 2004 through September 30, 2004. The changes in
both agreements revised the period of the agreement to cover the period of August 1,
2004 to September 30, 2004 and change the maximum grant amount from $931,676 to
$165,000 consistent with the award for the two-month period. There are no other
changes to the agreements. Mrs. Butler stated the annual agreement will come back to
the Commission.
Nancy Hurd, Executive Director of the Community Child Care Center,
stated it is a privilege to be a partner with the City of Delray Beach and introduced the
staff members of the Community Child Care Center and Beacon Center at Village
Academy Elementary School.
Mr. Costin moved to approve the revised Memorandum of Agreement
between the City and CSC and the City and CCMO, 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.
At this point, the time being 7:50 p.m. the Commission moved to Item
9.D. of the Regular Agenda.
9.D. WAIVER REQUEST/DELRAY PARK OF COMMERCE: Consider
a waiver request to waive Land Development Regulations (LDR) Section 4.4.18(B)(4),
"Service Industry", for Lot 3, Tract "K", Delray Park of Commerce, pursuant to LDR
Section 2.4.7(B)(5), "Findings", to allow the floor area for a light industrial use in the
Service Industry land use component to exceed the 5,000 square foot limitation. (Quasi-
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08/03/04
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
communications. No ex parte communications were disclosed.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2004-307 into the record.
Mr. Dorling stated at its meeting of September 13, 2002, the Site Plan
Review and Appearance Board (SPRAB) approved a Class V site plan, landscape plan
and architectural elevations for a 22,500 square foot multi-bay service industry building
on Lot 3 of Tract K of Delray Park of Commerce. The property owner has a potential
tenant (furniture wholesaler) to occupy four bays located at the north end of the building
which will contain approximately 5,408 square feet. Pursuant to LDR Section
4.4.18(B)(4) (Service Industry), assembly, fabrication, wholesale, and storage is
permitted when such use is limited to no more than 5,000 square feet per tenant. The
applicant has submitted a waiver request and a master plan modification.
At its meeting of July 19, 2004, the Planning and Zoning Board held a
public hearing regarding the master development plan modification associated with the
waiver request. After discussing the proposal, the Board voted 6-0 (Peltzie absent) to
approve the master development plan modification and to recommend approval of the
waiver to LDR Section 4.4.18(B)(4) to allow the floor area for a light industrial use in the
Service Industry land use component to exceed the 5,000 square feet limitation (5,408
square feet).
Mr. Levinson moved to approve the waiver request to LDR Section
4.4.18(B)(4) to allow the floor area for a light industrial use in the Service Industry land
use component to exceed the 5,000 square feet limitation (5,408 square feet) for Lot 3,
Tract K, Delray Park of Commerce by adopting the findings of fact and law contained in
the staff report, and finding that the request is consistent with the Comprehensive Plan
and meets criteria set forth in Section 2.4.7(B)(5) of the LDR's, seconded by Ms.
McCarthy. 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 7:52 p.m., the Commission moved to Item
9.K. of the Regular Agenda.
0.K.
REQUEST TO ADVANCE COUNTY FUNDING/ROOTS
CULTURAL FESTIVAL~ INC.: Consider approval of a request via the Downtown
Development Authority to advance funding in the amount of $15,000, which will be
reimbursed to the City through a Palm Beach County grant, to the Roots Cultural
Festival, Inc. for their event to be held August 6-8, 2004. Funding is available from 001-
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08/03/04
6111-519-99.03 (Manager' s Contingency Fund).
The City Manager stated this item is a request to approve an advance in
the amount of $15,000 to the Roots Cultural Festival, Inc. for funding committed by Palm
Beach County Commissioners Addie Greene and Mary McCarty. County funding is
provided on a reimbursement basis and will take place in the current fiscal year.
Mrs. Archer moved to approve an advance in the amount of $15,000 for
funding committed by Palm Beach County Commissioners Addie Greene and Mary
McCarty to the Roots Cultural Festival, Inc., 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.
At this point, the time being 7:55 p.m., the Commission moved to Item
9.E. of the Regular Agenda.
0oEo
REQUEST FOR IN-LIEU PARKING SPACES/SHORE
RESTAURANT: Consider a request from Shore Restaurant for the purchase of two (2)
in-lieu parking spaces in the amount of $28,000.00. Shore Restaurant is located at 6
South Ocean Boulevard. (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
communications. Ms. McCarthy, Mr. Levinson, Mr. Costin, and Mayor Perlman had no
ex parte contacts to disclose. Mrs. Archer stated she had a conversation with Michael
Weiner.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2004-286 into the record.
Mr. Dorling stated Shore Restaurant (f/Ua Pete's) located at 6 S. Ocean
Boulevard, has submitted a Class III site plan modification associated with the
installation of a 205 square foot walk-in cooler and elevation changes associated with the
restaurant. LDR Section 4.6.9(B)(1)(c) requires that off-street parking be provided for
any addition or enlargement of an existing building or use. LDR Section 4.4.13(G)(1)(d)
requires the provision of six (6) parking spaces per 1,000 square feet of floor area. The
addition of the 205 square foot cooler requires two parking spaces (205 square feet/i,000
= .205 x 6 = 1.23 which rounds up to 2 spaces). Due to site constraints, the applicant is
unable to provide any on-site or off-site parking. The applicant is requesting the
purchase of two (2) in-lieu parking spaces at a cost of $14,000 each for a total of $28,000
to be paid in full upon issuance of a building permit.
At their meeting of July 8, 2004, the Community Redevelopment Agency
(CRA) unanimously recommended approval; at its meeting of July 14, 2004, the
Downtown Development Agency (DDA) unanimously recommended approval of the
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08/03/04
applicant's proposal; and at its meeting of July 27, 2004, the Parking Management
Advisory Board (PMAB) unanimously recommended approval of the applicant's request.
Jason Mankoff, Weiner & Aronson, P.A. 102 N. Swinton Avenue, Delray
Beach, representing the applicant, stated it is impossible to provide parking and therefore
the reason for the in-lieu request.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of the request, to come forward at this time.
Mr. Costin moved to approve the request from Shore Restaurant for the
purchase of two (2) in-lieu spaces by adopting the findings of fact and law contained in
the Planning and Zoning staff report, and finding that the request is consistent with the
Comprehensive Plan and meets the criteria set forth in Section 4.6.9(E) of the LDR's,
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.
9.F. 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
communications. No additional ex parte communications were disclosed other than what
was previously disclosed.
Mr. Levinson asked for clarification with regard to the Letter of
Withdrawal.
The City Manager stated staff received a letter requesting to withdraw the
request; however, at the City Commission meeting of May 18, 2004 when the
Commission discussed this there were several alternatives discussed. Staff has sketched
these alternatives and has met with Digby Bridges and to show him the ones which
involve parking on the north side of the property.
Digby Bridges, the applicant, stated he is withdrawing the Letter of
Withdrawal.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning project file #2004-076 into the record.
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08/03/04
Paul Dorling, Director of Planning and Zoning, stated this item was
discussed at the City Commission meeting of July 20, 2004 after which alternative
scenarios were suggested. This scenario provides four parking spaces which means an
in-lieu request of two (2) spaces is required at this time for a total of $24,000 ($12,000
each space).
The City Manager stated the scenario with the four spaces on the north
side taking access from the parking lot isle has precedent in the City because the parking
lot on the north side of the Marriott is laid out in the similar fashion (private parking on
one side of the isle and public parking on the other). He stated it would not be an
unprecedented thing to enter into this kind of arrangement.
Digby Bridges, Applicant, stated Mr. Handlesman agrees with Exhibit "A"
(includes Rose Garden).
Mayor Perlman stated if anyone from the public would like to speak on
this item, to come forward at this time. There being no one who wished to address the
Commission regarding the request for in-lieu parking spaces, the public hearing was
closed.
Ms. McCarthy moved to approve two (2) in-lieu parking spaces with
seven (7) to be provided on-site as illustrated in Exhibit "A", 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.
9.G. PUBLIC COMMENTS/FY 2005 PROPOSED BUDGET: The City
Commission will hear public comments, if any, regarding the FY 2005 Proposed Budget
at this time.
Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, stated the City of
Delray Beach is very well managed and read into the record several suggestions for the
future management of the city.
Kevin Warner, 248 Venetian Drive, Delray Beach, stated the Town of
Gulf Stream, Town of Manalapan, and City of Boca Raton are holding their tax millages
the same or cutting them. Mr. Warner made reference to page two of the City Manager's
introductory letter regarding the Ad Valorem Tax Revenue from the Proposed Budget for
fiscal year 2004-05.
Gerry Franciosa, 939 Eve Street, Delray Beach, stated the staffing level
for Police Officer's is 156 and there are only 154 that are funded. He expressed concern
over the two unfunded sworn Police Officer positions and over public safety (Fire and
Police) because of the number of people that are moving into town. He urged the
Commission to consider funding the two positions for the Police Department.
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08/03/04
Alice Finst, 707 Place Tavant, Delray Beach, speaking on behalf of the
Homeowner's League of Chatelaine, expressed concern over the potholes and the
condition of the streets. She asked if there is funding available in this budget year to pave
the streets.
9oHo
FIRE-RESCUE/COUNTYWIDE LEVEL OF SERVICE
RESOLUTIONS: Consider adopting a resolution committing to comply with minimum
level of service standards for Fire-Rescue services.
9.H.1. RESOLUTION NO. 60-04-A: Consider approval of Resolution No. 60-
04-A committing to comply with minimum level of service standards for Fire/Rescue
services which meets the County's demand.
The caption of Resolution No. 60-04-A 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. 60-04-A is on file in the City Clerk's
office.)
9.H.2. RESOLUTION NO. 60-04-B: Consider approval of Resolution No. 60-
04-B committing to comply with minimum level of service standards for Fire/Rescue
services which contains changes not authorized by the County's most recent decision.
The caption of Resolution No. 60-04-B 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. 60-04-B is on file in the City Clerk's
office.)
The City Attorney stated the County Commission has indicated that a
referendum will be held regarding a charter amendment giving authority to the County
Commission to establish countywide level of service standards for fire rescue services,
unless all cities adopt a resolution which makes no changes to the resolution or Exhibit
"A". However, the City may add the language "subject to budget and appropriate" to the
resolution. The County has stated that the cities must pass the resolution and transmit it
to the County no later than August 17, 2004.
Mayor Perlman stated 23 of 37 cities have adopted the League's
recommendation. He stated Mr. Jamie Titcomb with the Florida League of Cities stated
the City of Delray can rescind the resolution if necessary.
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08/03/04
The City Attorney stated she had discussions with the Boca Raton City
Attorney as well as outside counsel regarding this and their view is to not pass the
Resolution.
The City Manager stated this is a decision that should be based on the best
political strategy in dealing with the County in addressing this particular issue. The
League's position is if the City does not like a standard that is set then the resolution can
be appealed.
The City Attorney stated Resolution No. 60-04B is not acceptable to the
County.
Brief discussion by the Commission followed.
Mr. Levinson moved to approve Resolution No. 60-04A, seconded by Mr.
Costin. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - No; Mrs. Archer - No. Said
motion passed with a 3 to 2 vote.
9.1. AMENDMENT NO. 2/MATCH POINT, INC.: Consider approval of
Amendment No. 2 to the amended and restated agreement between the City and Match
Point, Inc. to allow Match Point to seek funds from Palm Beach County.
Brian Shutt, Assistant City Attorney, stated the amendment to the Match
Point Agreement allows Match Point to seek funds from Palm Beach County.
Previously, the wording precluded any funds going to Match Point other than those funds
from the Convention Business Bureau. This amendment does not prevent the City from
requesting funds from the County but only clarifies that Match Point shall receive those
funds that it applies for directly from the County.
Mrs. Archer moved to approve Amendment No. 2 to the amended and
restated agreement between the City and Match Point, Inc. to allow Match Point to seek
funds from Palm Beach County, 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.
9.J.
THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
At this point, the Commission moved to Item 9.M. Appointments to the
Board of Adjustment.
9.M. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint
three (3) members to the Board of Adjustment for two (2) year terms ending August 31,
2006. Based on the rotation system, the appointments will be made by Commissioner
Costin (Seat #1), Commissioner Archer (Seat #2), and Commissioner Levinson (Seat #3).
Mr. Costin moved to appoint Harvey Starin as a member to the Board of
Adjustment for a two (2) year term ending August 31, 2006, seconded by Ms. McCarthy.
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08/03/04
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.
Mrs. Archer moved to reappoint Mel Pollack as a member to the Board of
Adjustment for a two (2) year term ending August 31, 2006, 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.
Mr. Levinson moved to reappoint Samuel Resnick as a member to the
Board of Adjustment for a two (2) year term ending August 31, 2006, seconded by Ms.
McCarthy. 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.N. APPOINTMENTS TO THE BOARD OF CONSTRUCTION
APPEALS: Appoint five (5) members to the Board of Construction Appeals for two (2)
year terms ending August 31, 2006. Based on the rotation system, the appointments will
be made by Mayor Perlman (Seat #5), Commissioner Costin (Seat #1), Commissioner
Archer (Seat #2), Commissioner Levinson (Seat #3), and Commissioner McCarthy (Seat
#4).
Mayor Perlman stated he wished to reappoint Mary Ellen Keating as a
member to the Board of Construction Appeals for a two (2) year term ending August 31,
2006. Mr. Costin so moved, 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.
Mr. Costin moved to reappoint George Brewer as a member to the Board
of Construction Appeals for a two (2) year term ending August 31, 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; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
Mrs. Archer moved to reappoint Clifton Miller as a member to the Board
of Construction Appeals for a two (2) year term ending August 31, 2006, 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.
Mr. Levinson stated he would like to defer his appointment until the
regular meeting of August 17, 2004.
Ms. McCarthy moved to appoint James Houck as a member to the Board
of Construction Appeals for a two (2) year term ending August 31, 2006, seconded by
Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said
- 25 -
08/03/04
motion passed with a 5 to 0 vote.
9,0,
APPOINTMENT TO THE DOWNTOWN DEVELOPMENT
AUTHORITY: Appoint one (1) member to the Downtown Development Authority for
an unexpired term ending July 1, 2006. Based on the rotation system, the appointment
will be made by Commissioner McCarthy (Seat #4).
Ms. McCarthy moved to appoint Ronald Sullivan as a member to the
Downtown Development Authority for an unexpired term ending July 1, 2006, 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.
9oEo
APPOINTMENTS TO THE HISTORIC PRESERVATION
BOARD: Appoint four (4) members to the Historic Preservation Board for two (2) year
terms ending August 31, 2006. Based on the rotation system, the appointments will be
made by Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3),
Commissioner McCarthy (Seat #4), and Mayor Perlman (Seat #5).
Mrs. Archer moved to reappoint Francisco Perez-Azua as a member to
the Historic Preservation Board for a two (2) year term ending August 31, 2006,
seconded by Mr. Costin. 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.
Mr. Levinson moved to appoint Linda Lake as a member to the Historic
Preservation Board for a two (2) year term ending August 31, 2006, seconded by Ms.
McCarthy. 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.
Ms. McCarthy moved to reappoint Maura Dersh as a member to the
Historic Preservation Board for a two (2) year term ending August 31, 2006, seconded by
Mr. Costin. 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.
Mayor Perlman stated he wished to appoint Michelle Reich as a member
to the Historic Preservation Board for a two (2) year term ending August 31, 2006. Ms.
McCarthy so moved, 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.
9.~).
APPOINTMENTS TO THE PLANNING AND ZONING BOARD:
Appoint four (4) members to the Planning and Zoning Board for two (2) year terms
ending August 31, 2006. Based on the rotation system, the appointments will be made by
Commissioner Costin (Seat #1), Commissioner Archer (Seat #2), Commissioner
Levinson (Seat #3), and Commissioner McCarthy (Seat #4).
- 26 -
08/03/04
Mr. Costin moved to reappoint Diane Borchardt as a member to the
Planning and Zoning Board for a two (2) year term ending August 31, 2006, seconded by
Ms. McCarthy. 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.
Mrs. Archer moved to reappoint Jillian Morris as a member to the
Planning and Zoning Board for a two (2) year term ending August 31, 2006, 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.
Mr. Levinson moved to appoint Lesley Deutch as a member to the
Planning and Zoning Board for a two (2) year term ending August 31, 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; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
Ms. McCarthy moved to appoint Johnny Kincaide as a member to the
Planning and Zoning Board for a two (2) year term ending August 31, 2006, seconded by
Mr. Costin. 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.
9oRo
APPOINTMENTS TO THE SITE PLAN REVIEW AND
APPEARANCE BOARD: Appoint five (5) members to the Site Plan Review and
Appearance Board for two (2) year terms ending August 31, 2006. Based on the rotation
system, the appointments will be made by Commissioner Costin (Seat #1), Commissioner
Archer (Seat #2), Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4),
and Mayor Perlman (Seat #5).
Mr. Costin moved to reappoint Roger Cope as a member to the Site Plan
Review and Appearance Board for a two (2) year term ending August 31, 2006, 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.
Mrs. Archer moved to reappoint Daniel Carter as a member to the Site
Plan Review and Appearance Board for a two (2) year term ending August 31, 2006,
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.
Mr. Levinson moved to appoint Reginald Cox as a member to the Site
Plan Review and Appearance Board for a two (2) year term ending August 31, 2006,
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.
- 27 -
08/03/04
Archer - Yes. Said motion passed with a 5 to 0 vote.
Ms. McCarthy moved to appoint Christina Morrison as a member to the
Site Plan Review and Appearance Board for a two (2) year term ending August 31, 2006,
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.
Mayor Perlman stated he wished to reappoint Mayer Abbo as a member
to the Site Plan Review and Appearance Board for a two (2) year term ending August 31,
2006. Mr. Costin so moved, 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.
At this point, the Commission moved to Item 12, First Readings.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 40-04: An ordinance providing for a referendum to
be held on November 2, 2004, on the question of whether the majority of the qualified
voters of the City voting in the referendum special election give their consent and
permission for the release of any deed restrictions and for the transfer and sale of the
North 48 feet of Lot 15, Block 101 (Library), located behind the current library site at 29
s.m. 4th Street and fronting on S.E. 5th Avenue. If passed, a public hearing will be
scheduled for August 17, 2004.
The caption of Ordinance No. 40-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
PROVIDING FOR A REFERENDUM OF THE
QUESTION OF WHETHER THE MAJORITY OF THE
QUALIFIED VOTERS OF THE CITY VOTING IN THE
REFERENDUM SPECIAL ELECTION GIVE THEIR
CONSENT FOR THE RELEASE OF DEED
RESTRICTIONS AND ALLOWING THE TRANSFER
AND SALE OF THE NORTH 48 FEET OF LOT 15,
BLOCK 101, LOCATED BEH1ND THE CURRENT
LIBRARY SITE AT 29 S.E. 4TM AVENUE AND
FRONTING ON S.E. 5th AVENUE IN THE CITY OF
DELRAY BEACH, AS MORE PARTICULARLY
DESCRIBED HEREIN; PROVIDING FOR A
REFERENDUM ON THE ISSUE TO BE HELD ON
NOVEMBER 2, 2004 AND PROVIDING AN
EFFECTIVE DATE.
- 28 -
08/03/04
(The official copy of Ordinance No. 40-04 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Mr. Costin moved to approve Ordinance No. 40-04 on First 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.
12.B. ORDINANCE NO. 41-04: An ordinance providing for a referendum to
be held on November 2, 2004, on the question of whether the majority of the qualified
voters of the City voting in the referendum special election give their consent and
permission for the release of any deed restrictions and for the transfer and sale of part of
Block 52 (Tennis), located on the northwest corner of N.W. 1st Avenue and Atlantic
Avenue. If passed, a public hearing will be scheduled for August 17, 2004.
The caption of Ordinance No. 41-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
PROVIDING FOR A REFERENDUM OF THE
QUESTION OF WHETHER THE MAJORITY OF THE
QUALIFIED VOTERS OF THE CITY VOTING IN THE
REFERENDUM SPECIAL ELECTION GIVE THEIR
CONSENT FOR THE RELEASE OF DEED
RESTRICTIONS AND ALLOWING THE TRANSFER
AND SALE OF PART OF BLOCK 52 NOW USED FOR
PARKING AND LOCATED ON THE NORTHWEST
CORNER OF N.W. 1sq: AVENUE AND ATLANTIC
AVENUE IN THE CITY OF DELRAY BEACH, AS
MORE PARTICULARLY DESCRIBED HEREIN;
PROVIDING FOR A REFERENDUM ON THE ISSUE
TO BE HELD ON NOVEMBER 2, 2004 AND
PROVIDING AN EFFECTIVE DATE.
(The official copy of Ordinance No. 41-04 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Mrs. Archer moved to approve Ordinance No. 41-04 on FIRST Reading,
seconded by Mr. Costin. 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.
- 29 -
08/03/04
12.C. ORDINANCE NO. 46-04: An ordinance amending Chapter 31, "City
Officials and Employees", by amending Section 31.02, "Compensation of
Commissioners and Mayor", to provide for salary increases for the Mayor and City
Commissioners to bring salaries in line with neighboring municipalities. If passed, a
public hearing will be scheduled for August 17, 2004.
The caption of Ordinance No. 46-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 31, "CITY OFFICIALS AND
EMPLOYEES", BY AMENDING SECTION 31.02,
"COMPENSATION OF COMMISSIONERS AND
MAYOR'', PROVIDING A SAVINGS CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
office.)
(The official copy of Ordinance No. 46-04 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
The City Manager stated in reaching information regarding this item, the
current salary levels for the Mayor and the Commission were established in 1978 and
amended in 1999.
Mr. Levinson stated the proposed ordinance states the increase will go into
effect in March 2005.
Mr. Costin moved to approve Ordinance No. 46-04 on FIRST Reading,
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 13, Comments and
Inquires on Non-Agenda Items from the City Attorney.
13.
Comments and Inquiries on Non-Agenda Items.
13.A. City Manager
The City Manager had no comments or inquiries on non-agenda items.
-30-
08/03/04
13.B. City Attorney
The City Attorney stated she received a memorandum from D.R. Horton
agreeing to lot premium reductions. Also, the City Attorney stated a refrigerator will be a
standard option and not extra. The cabinets will be wood instead of mica. The City
Attorney stated she discussed with D.R. Horton about going back to those people who
may not have entered into a contract because they felt it would be too difficult to do. If
the Commission accepts the changes as outlined in their letter, D.R. Horton will go back
and amend all the contracts with buyers to provide for these items and these will be in
affect for further lottery events they plan to have.
After brief discussion, it was the consensus of the Commission to direct
Mayor Perlman to contact Paul Romanowski, Division President/DR. Horton, Inc. and
thank D.R. Horton for the modifications and urge them to provide all of the people who
were turned down in the first lottery the opportunity to revisit their purchase(s) because
of the revised prices before going to a new lottery.
13.C.
13.C.1.
City Commission.
Mrs. Archer
Mrs. Archer had no comments or inquiries on non-agenda items.
13.C.2. Mr. Costin
Mr. Costin had no comments or inquiries on non-agenda items.
13.C.3. Ms. McCarthy
Ms. McCarthy had no comments or inquiries on non-agenda items.
13.C.4. Mr. Levinson
Mr. Levinson stated he received an email today from the Soccer Club and
noted they had a Board meeting last night. He stated they are anxious to participate in the
planning of the soccer field. He and the City Manager had discussion about an Outreach
Program for those people who helped significantly with the Bond Issue to keep them in
the loop.
Secondly, Mr. Levinson commented about the notice regarding the Delray
Beach Post Office.
Mr. Levinson commented about the Nextel and AT&T flyers attached to
the employee newsletter "The News Wave". He suggested that the City charge the
commercial companies to help pay for the cost of the newsletter.
-31 -
08/03/04
He expressed disappointment with the layout (not the content) of the latest
issue of"News for Neighborhoods". Mr. Levinson stated he attended the Issues Forum
and commented about the City of Lantana newsletter. He stated it is much more readable
in terms of the way the newsletter is laid out and noted the City of Lantana encloses the
newsletter with the water bills on a quarterly basis.
He stated the proposed date for the Engineering selection for the South
Central Regional Wastewater Treatment and Disposal Board (SCRWTDB) will be
Monday, August 23, 2004.
Lastly, Mr. Levinson thanked Dan Beatty, Deputy Director of Public
Utilities and staff for their work with the Lake Worth Drainage District (LWDD).
13.C.$.
Mayor Perlman
Mayor Perlman stated he was chosen to participate in the Florida Public
Officials Design Institute which is run at Abacoa through Florida Atlantic University
(FAU). He stated each year four elected officials in the South Florida region are selected
to go through an intensive design process. He is working with Randy Welker and
suggested that the Office Depot site be considered since they will be relocating and noted
this is a large piece of land.
Secondly, Mayor Perlman stated he spoke to Otis White who wrote the
article in Florida Trend Magazine entitled "The Best Run Town of Florida". He stated
Mr. White likes how decision making is pushed down to the neighborhood level in
Delray Beach and that there is citizen driven planning. In addition, Mr. White speaks
complimentary about Tom Lynch. Mayor Perlman stated Mr. White will be writing
something shortly about Delray Beach.
He stated the Bed Race was very good.
Mayor Perlman stated the Delray Beach Police Department was evaluated
by representatives from the Commission on Florida Law Enforcement Accreditation and
has been recommended that the department be accredited. The assessors reviewed 271
different criteria in evaluating whether or not the department has what it takes to be
accredited. He stated this was a big goal of Chief $chroeder and noted the Committee
will make their decision in October.
Mayor Perlman stated he and Mr. Levinson were at the Office Depot store
on Military Trail and Atlantic Avenue where Office Depot gave away 3,000 backpacks in
Delray Beach alone. He stated EPOCH, The Caring Kitchen, Spady Elementary, Village
Academy, Carver Middle, and the Delray Beach Police Department also attended. He
stated this represents a multi-million dollar donation from Office Depot and commented
it was a good event.
- 32-
08/03/04
Lastly, Mayor Perlman commented about an email he received from a
woman from Rochester, New York.
There being no further business, Mayor Perlman declared the meeting
adjourned at 9:15 p.m.
Acting City Clerk
ATTEST:
The undersigned is the Acting City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on August 3, 2004, which Minutes were formally approved and adopted by the City
Commission on August 17, 2006
Acting City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
-33-
08/03/04
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
ST NA/aE--FIRST NAME-~fl DDLE NAME
Costin, Robert
MAJUNG AOORES$
362 N.E. 5th Avenue
Delray Beach, Florida
COUNTY
Palm Beach
8/3/o4
Delray Beach City Commission
City of Delray Beach
WHO MUST FILE FORM 8B
This form is for use by any parson serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to membem Of advisory and non-advisory bodies who are presented with a voting
confilot of interest under Section 112.3143, Flodda Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this mason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
. parson holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
~ures to his or her special pdvate gain or lose. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary Of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissionem of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officem of independent special tax districts elected on a one-acre, one-vute basis are not prohibited from voting in that
For porpo~s of this law, a 'relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-/e-law, son-in-law, and daughtor-in-law. A "business associate" means any pemon or entity engaged in or carrying on a business
entaq)rise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
am not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addifion to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes oftha moefing; who should In;oq~rata the form in the minutes.
APPOINTED OFFICERS:
A/though you must abstain from voting in the situations described above, yco otherwise may participata in these matters. However, you
'"'~ust discfose the nature of the sonfiict before making any attempt to influence the decision, whether orally or in writing and whether made
,y you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
You must complete and file this form (before making any attempt to influence the decision) with the parson responsible for recording the
minutes of the moefing, who will incoq=orate the form in the minutes. (Continued on other side)
CE FORM 88-EFF. 1/2000 ~(~. ~ PAGE1
APPOINTED OFFICERS (continued)
· A copy of the fo~m must be provided immediately to the other membe~ of the agency.
· The fo~m must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT ny DISCUSSION AT THE MEETING:
· You must disclose orally the nature of your conflict in the measure before participating.
· Yonrnustcomplstetheformaedflleltwithin 15 days affer the vote occum with the purson responsible for recording the minutes of the
meeting, who must incoq~orate the form in the minutes. A copy of the fon-n must be prev[ded immediately to the other membem of the
agency, and the form must be read pubUciy at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, Robert Costin , hereby disclose that on
(a) A measure came or wi# come before my agency which (cbec~ one)
inured to my special private gain or loss;
inured to the special gain or loss of my relative,
inured to the special gain or loss of
whom I am retained; or
inu~d to the ~p4~l gain or less of
is the parent oegardzation or sub~ of a principal which has retained me.
(b) The meesum bofore my agency and the nature of my conflicling interest in the measure is as follows:
Comfltcting contractual relationsh±p w±th Mr. Porte~/
August 3, ,2004 :
8/3/o4
Date Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 1/20~0
PAGE 2
L FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
ST NAME--FIRST NAME--MIDOLE NAME
toCarthy, Alberta
Delray Beach, Florida Palm Beach
8/3/04
NAME OF EOARD. COUNCIL. COMMISSION, ALnlJORITY, OR COMMITTEE
Delray Beach City Commission
City of Delray Beach
WHO MUST FILE FORM 8B
This form Is f0~ use by any person seining at the county, city, or other local level of government on an appointed or elected board, council,
commisekm, augx)Hty, or committee. It applies equsily to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your reeponslb#ltlee under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3'143, FLORIDA STATUTES
"'-- person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
~ures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a raea-
ute which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (inciuding the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or less of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Soc. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes o! this law, a 'relative" includes only the ofticor's father, mother, son, daughter, husband, wife. brother, sister, father-in.4aw,
mother-in-law, son-in-law, and daughter-in-law. A 'business associate' means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of proper[y, or colporata shareholder (where the shares of the corporation
· are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the farm in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
.-,,qust disdose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
y you or at your direction.
.,= YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
· Yon must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
C~ FORM 8B- EFF. t/2000 ~(~'G PAGEt
APPOINTED OFFICERS (continued)
A copy of the form must be provided immediately to the other members of the agency.
The form must be read public~ 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 discJoee orally the nature of your conflict in the measure before participating.
· You must complete the form and file it within 15 days after the vote occurs with the pemon responsible for recording the minutes of the
meeang, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the fom~ is flied.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, Alberta Perry McCarthy ,herebydisctosethaton
(a) A m.~lum came or will come before my agency which (check one)
._~ inured tu my special pdvate gain or loss;
__ inured to the special gain or loss of my business associate,
__ inured to the special gain or loss of my relative,
__ inured to the special gain or loss of
whom I am retained; or
__ inured to the spectal geln or Ioes Of
is the parent organ~z, ation or subsidiary of a principal which has retained me.
(b) The measure before my age~c'y and the nature of my conflicting interest in the measure is as follows:
August 3 ,2004 :
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 1/2000 PAGE 2