09-07-04 Minutes SEPTEMBER 7~ 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, September 7, 2004.
1. Roll call showed:
Present Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Absent - Commissioner Bob Costin
Commissioner Patricia Archer
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, Acting City Clerk
2_ The opening prayer was delivered by David T. Harden, City Manager.
3_ The Pledge of Allegiance to the flag of the United States of America was given.
4. AGENDA APPROVAL.
Mayor Perlman stated the proclamation recognizing N. Willard (Bill) Schwartz
will be delayed to the City Commission meeting of September 21, 2004. He noted the addition
of Item 8.Z., Confirmation/Revision/Rescission/Emergency Resolutions to the Consent
Agenda by addendum.
In addition, Mayor Perlman requested Item 9.A., Appeal of Site Plan Review
and Appearance Board Decision/Palms of Delra¥~ Item 9.B., Conditional Use
Request/Grove Square, Item 9.D., Request for In-lieu Parking Spaces/Joe's Restaurant~
Item 9.E., Request for In-lieu Parking Spaces/Cold Stone Creamery, Item 9.F., Request for
In-lieu Parking Spaces/Atlantic Coffee and Tea, Item 9.G., Request for In-lieu Parking
Spaces/Mano-A-Mano (a/k/a Tapas), and Item 9.H., Request for In-lieu Parking Spaces/329
Pineapple Grove Way be delayed to the City Commission meeting of September 21, 2004.
Also, Mayor Perlman requested Item 9.P., Appointments to the Board of
Adiustment, Item 9.Q., Appointments to the Code Enforcement Board, Item 9.R.,
Appointments to the Board of Construction Appeals, and Item 9.S., Appointment to the
Neighborhood Advisory Council, be deferred to the City Commission meeting of September
21, 2004 and Item 10.D., Ordinance No. 35-04 (First Reading/First Public Hearing be
delayed to the City Commission meeting of September 21, 2004.
Mr. Levinson moved to approve the Agenda as amended, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 3 to 0 vote.
5. APPROVAL OF MINUTES:
Ms. McCarthy moved to approve the Minutes of the Regular Meeting of August
17, 2004, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes. Said motion passed with a 3 to 0
vote.
6. PROCLAMATIONS:
6.A. Recognizing N. Willard (Bill) Schwartz
This proclamation has been delayed to the regular City Commission meeting of
September 21, 2004.
6.B. Calling for a Special Election to be held on November 2, 2004, on the
referendum question re~ardin~ the release of part of Lot 15, Block 101, behind current
library site
Mayor Perlman read and presented a proclamation to Chevelle D. Nubin, Acting
City Clerk, hereby calling for a Special Election to be held on Tuesday, November 2, 2004,
between the hours of 7:00 a.m. and 7:00 p.m., with all the precincts and polling places in the City
of Delray Beach as designated by the Supervisor of Elections for Palm Beach County.
7. PRESENTATIONS:
None.
8_ CONSENT AGENDA: City Manager Recommends Approval.
8.A. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND
DISPOSAL BOARD (SCRWTDB): Approve the Tripartite Interlocal Agreement and the Fifth
Amendment to the Interlocal Agreement regarding reclaimed water.
8.A.1. TRIPARTITE INTERLOCAL AGREEMENT: Approve the Tripartite
Interlocal Agreement between the City, the City of Boynton Beach, and the South Central
Regional Wastewater Treatment and Disposal Board (SCRWTDB) which transfers the present
reclaimed water line from the SCRWTDB to the City of Boynton Beach. In exchange the City
will receive $1,359,255.13 which is our equity interest in the line.
8.A.2. FIFTH AMENDMENT TO THE INTERLOCAL AGREEMENT: Approve
the Fifth Amendment to the Interlocal Agreement which allows the South Central Regional
Wastewater Treatment and Disposal Board (SCRWTDB) to be a wholesaler of reclaimed water
to the Cities of Boynton Beach and Delray Beach.
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09/07/04
8.B. FINAL SUBDIVISION PLAT APPROVAL/COURT YARDS AT
MARTELL ARMS PLAT: Approve the subdivision plat for Court Yards At Martell Arms, a
re-plat of a portion of the Plat Martell Arms, located on the west side of the 1000 block of N.E.
8th Avenue.
8.C. RESOLUTION NO. 65-04: Approve the abandonment of a portion of the Dixie
Highway right-of-way, adjacent to Lot 4 of the Plat of Delray Beach Estates, approximately
1,700 feet south of Gulf Stream Boulevard.
The caption of Resolution No. 65-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF DIXIE HIGHWAY RIGHT-
OF-WAY (ROW) LOCATED APPROXIMATELY 1,700 FEET
SOUTH OF GULF STREAM BOULEVARD, AS MORE
PARTICULARLY DESCRIBED HEREIN, BUT RESERVING
AND RETAINING TO THE CITY A UTILITY EASEMENT
OVER THE ENTIRE AREA THEREOF, AS MORE
PARTICULARLY DESCRIBED HEREIN.
(The official copy of Resolution No. 65-04 is on file in the City Clerk's office.)
8.D. RESOLUTION NO. 66-04: Approve the abandonment of a portion of the S.W.
7th Street right-of-way, located between Interstate 95 and S.W. 17th Avenue rights-of-ways.
The caption of Resolution No. 66-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF S.W. 7TM STREET RIGHT-OF-
WAY, LOCATED BETWEEN INTERSTATE 95 AND S.W. 17TM
AVENUE RIGHTS-OF-WAYS, AS MORE PARTICULARLY
DESCRIBED HEREIN.
(The official copy of Resolution No. 66-04 is on file in the City Clerk's office.)
8.E. ACCEPTANCE OF A RIGHT-OF-WAY DEED/GRAY PLAZA: Approve
and accept a right-of-way deed associated with Gray Plaza, located at 85 S.W. 5th Avenue.
8.F. ACCEPTANCE OF HOLD HARMLESS AGREEMENT/KURT
PETERSON: Approve and accept a hold harmless agreement between the City and Kurt
Peterson for the installation of landscaping within a public right-of-way.
8.G. RESOLUTION NO. 64-04: Approve a resolution supporting a referendum to be
held on November 2, 2004 for the levy of a half-cent sales tax by the School Board of Palm
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Beach County for the purpose of financing a comprehensive plan to construct and renovate
public schools countywide.
The caption of Resolution No. 64-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, PALM BEACH COUNTY,
FLORIDA, SUPPORTING A NOVEMBER 2, 2004
REFERENDUM FOR THE LEVY OF A DISCRETIONARY
HALF CENT SALES TAX BY THE SCHOOL DISTRICT TO
CONSTRUCT AND RENOVATE PUBLIC SCHOOLS IN
PALM BEACH COUNTY ACCORDING TO A
COMPREHENSIVE PLAN.
(The official copy of Resolution No. 64-04 is on file in the City Clerk's office.)
8.H. RESOLUTION NO. 70-04: Approve a resolution adopting the Revised Unified
Palm Beach County Local Mitigation Strategy Plan.
The caption of Resolution No. 70-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING
THE CITY OF DELRAY BEACH TO ADOPT THE
REVISED UNIFIED PALM BEACH COUNTY LOCAL
MITIGATION STRATEGY PLAN; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
(The official copy of Resolution No. 70-04 is on file in the City Clerk's office.)
8.1. RESOLUTION NO. 71-04 {GRANT APPLICATION TO STATE OF FLORIDA}:
Authorize the Delray Beach Public Library staff to submit an operating grant application directly
to the State of Florida to obtain operating funds for operations and maintenance of the library.
The caption of Resolution No. 71-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, APPROVING THE
SUBMISSION OF AN APPLICATION REQUESTING STATE
AID TO LIBRARIES GRANT FUNDING FOR OPERATIONS
AND MAINTENANCE OF THE LIBRARY, AND PROVIDING
REQUIRED ASSURANCES.
(The official copy of Resolution No. 71-04 is on file in the City Clerk's office.)
8.J. RESOLUTION NO. 63-04: Approve a resolution supporting the establishment
of the Palm Beach Countywide Coastal Council and approve an Interlocal Agreement
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09/07/04
establishing the Palm Beach Countywide Coastal Council, which replaces the Palm Beach
Countywide Beaches and Shores Council.
The caption of Resolution No. 63-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA SUPPORTING THE
ESTABLISHMENT OF THE PALM BEACH COUNTYWIDE
COASTAL COUNCIL; PROVIDING THAT THE CITY OF
DELRAY BEACH SHALL PARTICIPATE AS AN EQUAL
MEMBER OF THE COUNCIL; ADOPTING THE PROVISIONS
OF THE INTERLOCAL AGREEMENT BETWEEN THE CITY
OF DELRAY BEACH AND ALL OTHER MEMBERS OF THE
PALM BEACH COUNTYWIDE COASTAL COUNCIL;
DIRECTING THE CITY CLERK TO PROVIDE COPIES OF
THIS RESOLUTION TO THE PALM BEACH COUNTY
DEPARTMENT OF ENVIRONMENTAL RESOURCES
MANAGEMENT.
(The official copy of Resolution No. 63-04 is on file in the City Clerk's office.)
8.K. INITIATION OF FUTURE LAND USE MAP AMENDMENT: Formally
initiate Future Land Use Map (FLUM) Amendment from TRN (Transitional) to MD (Medium
Density Residential 5-12 dwelling units per acre); and rezoning from POD (Professional Office
District) to RM (Medium Density Residential) associated with the parcels involved with the
Intracoastal Park land swaps between the Florida Inland Navigational District (F1ND), City of
Delray Beach, and the Delray Harbor Club, located on the east side of South Federal Highway,
approximately 700 feet south of S.E. l0th Street.
8.L. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY: Approve an interlocal agreement between the City of Delray Beach and the
Community Redevelopment Agency (CRA) for planning services in the amount of $60,000.00.
8.M. AMENDMENT TO CONTRACT FOR SALE AND
PURCHASE/UNIVERSAL BEACH SERVICE CORPORATION: Approve Amendment to
the Contract for Sale and Purchase between the City and Universal Beach Service Corporation to
extend the closing date to fifteen (15) days beyond the conclusion of the quiet title action.
8.N. GRANT APPLICATION TO FLORIDA RECREATION DEVELOPMENT
ASSISTANCE PROGRAM: Authorize staff to submit a grant application to the Florida State
Department of Environmental Protection's Recreation Development Assistance Program for
funding in the approximate amount of $30,000.00 for playground equipment for Miller Park.
8.0. INDEPENDENT CONTRACTOR AGREEMENT/THE ARC: Approve an
independent contractor agreement between the City and The ARC for a trained inclusion
specialist for a special needs child in our Out of School Program in the approximate amount of
$16,190.00. Funding is available from 001-4105-572-34.90 (General Fund/Other Contractual
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09/07/04
Services).
8.P. SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM:
Approve the Parks & Recreation Department's participation as a host agency in the Senior
Community Service Employment Program.
8.Q. CONTRACT ADDITION/CHAZ EQUIPMENT, INC.: Approve a Contract
Addition in the amount of $25,500.00 to Chaz Equipment for emergency force main repair work
associated with the piping modifications at Lift Station 50. Funding is available from 442-5178-
536-63.51 (Water/Sewer/Renewal/Replacement Fund/Sewer Mains).
8.R. HOUSING REHABILITATION GRANT/CONTRACT AWARDS: Approve
Housing Rehabilitation grant/contract awards through the Community Development Division in
the amount of $16,222.50 to Sun Band Builders (145 S.W. 13th Avenue), $11,613.00 to South
Florida (240 N.W. 2nd Avenue), $18,532.50 to Sun Band Builders (314 N.W. 4th Avenue), and
$22,155.00 to Tommy Preston (105 S.W. 7th Street). Funding is available from 118-1963-554-
49.19 (Community Development/SHiP Grant/Housing Rehabilitation).
8.S. REQUEST TO EXTEND CLOSING HOURS FOR SANDOWAY
PARKING LOT: Approve a request by Perry DonFrancisco to extend the closing hours to 2:00
a.m. at Sandoway Park on October 23, 2004 and October 24, 2004.
8.T. MORTGAGE JOINDER AND CONSENT/CRISANTI AND CAMPBELL
PROPERTIES: Approve the City's execution of a Mortgage Joinder and Consent to
subordinate the City's mortgage to the easement deed regarding the Crisanti and Campbell
Properties.
8.U. RESOLUTION NO. 72-04: Approve a resolution supporting the reauthorization
of the Federal Transportation Programs.
The caption of Resolution No. 72-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, SUPPORTING FEDERAL
TRANSPORTATION REAUTHORIZATION.
(The official copy of Resolution No. 72-04 is on file in the City Clerk's office.)
8.V. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Approve
and endorse the Art & Jazz on the Avenue scheduled for October 21, 2004 from 6:00 p.m. to
10:00 p.m., granting a temporary use permit per LDR Section 2.4.6(H) for the closure of Atlantic
Avenue from Swinton to N.E. 7th Avenue, the south side parking lane of Atlantic Avenue from
N.E. 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic Avenue to N.E.
1st Street, N.E. 2nd Avenue from Atlantic Avenue to N.E. 1st Street, and authorize staff support
for security and traffic control, banner hanging and removal, barricade set-up/removal, trash
removal and clean up.
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8.W. SPECIAL EVENT REQUEST/18th ANNUAL TURKEY TROT: Approve a
special event request to allow the 18th Annual Turkey Trot to be held on Saturday, November 20,
2004 from 6:30 a.m. until approximately 8:30 a.m., including temporary use permit per LDR
Section 2.4.6(H) for the closure and use of A-1-A from Casuarina to George Bush Boulevard
from 5:00 a.m. to approximately 10:00 a.m., and authorize staff support for security and traffic
control, barricade set-up/removal, trash removal and clean up, use of small stage, and waiver of
parking meter fees for Sandoway, Ingraham, and Anchor Park as well as along Atlantic Avenue
from Venetian to A-1-A from 8:00 a.m. until approximately 10:00 a.m.
8.X. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period August
16, 2004 through September 3, 2004.
8.Y. AWARD OF BIDS AND CONTRACTS:
1_ Purchase award to Taylor Data Systems, Inc. in the amount of $69,914.34
for nine (9) Walkabout Hammerhead XRT Mobile Data Terminals,
mounting brackets, and docking stations for the Fire Department. Funding
is available from 334-6111-519-64.11 (General Construction
Fund/Computer Equipment).
2_ Purchase award to Hall-Mark Fire Apparatus/Horton Emergency Vehicles
in the amount of $169,215.00 via the City of Columbus, Ohio bid for one
(1) Heavy Duty Paramedic Rescue Vehicle for the Fire Department.
Funding is available from 501-3312-591-64.20 (Central Garage
Fund/Automotive) FY 03/04 and 501-3312-591-64.21 (Central Garage
Fund/Vehicle Restoration) FY 03/04 and FY 04/05.
3_ Contract award to Construction Quality Control, Inc. in the amount of
$89,986.00 for construction of the Delray Swim and Tennis Storage
Building Project. Funding is available from 117-4133-572-62.10
(Recreation Impact Fee Fund/Buildings).
8.Z. CONFIRMATION/REVISION/RESCISSION/EMERGENCYRESOLUTIONS:
Confirm Emergency Resolutions A, B, D, E and H pursuant to Chapter 95 of the City Code of
Ordinances and approve the rescission of Resolution A and the revised Resolution B.
The caption of Resolution A is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, CONFIRMING A
DECLARATION OF A STATE OF EMERGENCY, AND
AUTHORIZING THE EVACUATION OF CERTAIN AREAS
OF THE CITY OF DELRAY BEACH, FLORIDA.
(The official copy of Resolution A is on file in the City Clerk's
office.)
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The caption of Resolution B is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, CONFIRMING A
DECLARATION OF A STATE OF EMERGENCY, AND
AUTHORIZING THE SETTING OF A CURFEW AND
DESIGNATING CERTAIN AREAS OFF LIMITS.
(The official copy of Resolution B is on file in the City Clerk's office.)
The caption of Resolution D is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, CONFIRMING A
DECLARATION OF A STATE OF EMERGENCY, AND
PROHIBITING THE SALE OF MERCHANDISE, GOODS OR
SERVICES AT MORE THAN THE AVERAGE RETAIL PRICE.
(The official copy of Resolution D is on file in the City Clerk's office.)
The caption of Resolution E is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, CONFIRMING A
DECLARATION OF A STATE OF EMERGENCY, AND
PLACING CERTAIN RESTRICTIONS ON THE USE OF
WATER WITHIN THE UTILITY SERVICE AREAS OF THE
CITY OF DELRAY BEACH.
(The official copy of Resolution E is on file in the City Clerk's office.)
The caption of Resolution H is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, RELATING TO
EMERGENCY MANAGEMENT; CONFIRMING A
DECLARATION OF A STATE OF EMERGENCY,
AUTHORIZING EMERGENCY PURCHASING AND
PROCUREMENT PROCEDURES AND SUSPENDING
CERTAIN CITY CODES, RULES AND REGULATIONS
RELATING TO PURCHASING AND PROCUREMENT; THIS
RESOLUTION SHALL BE VALID FOR THIRTY (30) DAYS
AND AUTOMATICALLY RENEWED EVERY THIRTY (30)
DAYS UNTIL FURTHER ACTION BY THE CITY
COMMISSION.
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09/07/04
(The official copy of Resolution H is on file in the City Clerk's office.)
Mr. Levinson moved to approve the Consent Agenda, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 3 to 0 vote.
9. REGULAR AGENDA:
9.A. THIS ITEM HAS BEEN DELAYED TO THE REGULAR CITY
COMMISSION MEETING OF SEPTEMBER 21, 2004.
9.B. THIS ITEM HAS BEEN DELAYED TO THE REGULAR CITY
COMMISSION MEETING OF SEPTEMBER 21, 2004.
9.C. SPECIAL EVENT REQUEST/1sT ANNUAL ALL AMERICA DUCK
DERBY: Consider approval of a special event request to allow the 1st Annual All America
Duck Derby, sponsored by the Sunrise Rotary Club of Delray Beach, to be held October 15-16,
2004 from 10~00 a.m. until 6~00 p.m. at Veteran's Park, including temporary use permit per
LDR Section 2.4.6(H) for the use of Veteran's Park and the parking lot, and authorize staff
support for security and traffic control, barricade set-up/removal, trash removal and clean up,
with event signage to be installed no earlier than October 7, 2004; contingent on the sponsor
providing a hold harmless agreement, receipt of the Coast Guard approval one week before the
event, and the stipulation that the dump truck cannot proceed any farther than the road barricade
on N.E. 1st Street and a crane is not permitted on site.
Robert A. Barcinski, Assistant City Manager, stated this is a request for the 1st
Annual All American Duck Derby sponsored by the Sunrise Rotary Club of Delray Beach
proposed for October 15-16, 2004 from 10~00 a.m. to 6~00 p.m. at Veteran's Park. In addition,
the applicant's request includes staff assistance for traffic control and security, EMS assistance,
barricading, trash removal and clean up assistance, the standard event signs and directional signs.
Staff recommends approval of the event, the temporary use permit for Veteran's Park and the
parking lot, staff assistance as requested except for EMS assistance, and approval of the event
signage request to be installed no earlier than October 7th with the following conditions; (1)
Receipt of Hold Harmless Agreement, (2) Receipt of the Coast Guard approval one week before
the event, and (3) Stipulation that the dump truck cannot proceed any further than the road
barricade on N.E. 1st Street nor is a crane permitted on site.
Ms. McCarthy disclosed that although she is a member of this Rotary Club she
does not have any personal gain. Mayor Perlman stated he too is a member of the Rotary Club
and has nothing personal to gain either.
Mr. Levinson moved to approve the Special Event Request for the 1st Annual All
America Duck Derby to be held on October 15-16, 2004, seconded by Ms. McCarthy. Upon roll
call the Commission voted as follows; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr.
Levinson - Yes. Said motion passed with a 3 to 0 vote.
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9.D. THIS ITEM HAS BEEN DELAYED TO THE REGULAR CITY
COMMISSION MEETING OF SEPTEMBER 21~ 2004.
9.E. THIS ITEM HAS BEEN DELAYED TO THE REGULAR CITY
COMMISSION MEETING OF SEPTEMBER 21~ 2004.
9.F. THIS ITEM HAS BEEN DELAYED TO THE REGULAR CITY
COMMISSION MEETING OF SEPTEMBER 21~ 2004.
9.G. THIS ITEM HAS BEEN DELAYED TO THE REGULAR CITY
COMMISSION MEETING OF SEPTEMBER 21~ 2004.
9.H. THIS ITEM HAS BEEN DELAYED TO THE REGULAR CITY
COMMISSION MEETING OF SEPTEMBER 21~ 2004.
9.1. GOLF COURSES MANAGEMENT SERVICE AGREEMENT: Consider
approval of the Selection Committee's rankings of the Request For Proposals (RFP's) for the
Golf Courses Management Service Agreement and authorize staff to proceed with contract
negotiations with the number one (1) ranked firm, JCD Sports Group.
Mr. Levinson stated he would like to see the closed contract as soon as possible.
Ms. McCarthy moved to approve the Golf Courses Management Service
Agreement and authorize staff to proceed with contract negotiations with JCD Sports Group (#1
ranked firm) with the condition that the Commission review the contract as soon as possible,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Perlman -
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 3 to 0 vote.
9.J. TENNIS FACILITIES MANAGEMENT SERVICE AGREEMENT:
Consider approval of the Selection Committee's rankings of the Request For Proposals (RFP's)
for the Tennis Facilities Management Service Agreement and authorize staff to proceed with
contract negotiations with the number one (1) ranked firm, JCD Sports Group.
Mayor Perlman disclosed that he was contacted by one of the firms.
Mr. Levinson moved to approve the Tennis Facilities Management Service
Agreement and authorize staff to proceed with contract negotiations with JCD Sports Group (#1
ranked firm) with the condition that the Commission review the contract as soon as possible,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson -
Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 3 to 0 vote.
9.K. RESOLUTION NO. 61-04: Consider approval of Resolution No. 61-04
authorizing the issuance of not exceeding $24,000,000 in the initial aggregate principal amount
of the City's General Obligation Improvement Bonds, Series 2004 (Recreational and Cultural
Projects); providing for the form and terms of the bonds.
The caption of Resolution No. 61-04 is as follows:
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09/07/04
A RESOLUTION OF THE CITY COMMISSION OF DELRAY
BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT
EXCEEDING $24,000,000 IN THE INITIAL AGGREGATE
PRINCIPAL AMOUNT OF CITY OF DELRAY BEACH,
FLORIDA GENERAL OBLIGATION BONDS, SERIES 2004
(RECREATIONAL AND CULTURAL PROJECTS);
PROVIDING FOR ALLOCATION OF THE PROCEEDS OF
SUCH BONDS CONSISTENT WITH RESOLUTION NO. 72-03;
PROVIDING THE FORM AND TERMS OF THE BONDS;
PROVIDING FOR THE PAYMENT OF THE BONDS FROM A
TAX ON ALL TAXABLE PROPERTY IN THE CITY OF
DELRAY BEACH; PROVIDING FOR THE UNDERTAKING
BY THE CITY REGARDING SECONDARY MARKET
DISCLOSURE AS REQUIRED BY RULE 15c2-12 OF THE
SECURITIES AND EXCHANGE COMMISSION; PROVIDING
FOR THE RIGHTS, REMEDIES AND SECURITY OF THE
HOLDERS OF THE BONDS; PROVIDING FOR CERTAIN
OTHER MATTERS DEEMED NECESSARY AND PROPER IN
CONNECTION WITH THE ISSUANCE OF THE BONDS; AND
PROVIDING FOR AN EFFECTIVE DATE.
(The official copy of Resolution No. 61-04 is on file in the City Clerk's office.)
The City Manager stated this is the resolution for the issuance of the General
Obligation Bonds for the first part of the Parks and Recreation Bond Issue.
Ms. McCarthy moved to approve Resolution No. 61-04, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy
- Yes; Mayor Perlman - Yes. Said motion passed with a 3 to 0 vote.
9.L. RESOLUTION NO. 62-04: Consider approval of Resolution No. 62-04
authorizing the competitive sale of the City's General Obligation Improvement Bonds, Series
2004 (Recreational and Cultural Projects) in the initial aggregate principal amount of not
exceeding $24,000,000.
The caption of Resolution No. 62-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE
COMPETITIVE SALE OF CITY OF DELRAY BEACH,
FLORIDA, GENERAL OBLIGATION BONDS, SERIES 2004
(RECREATIONAL AND CULTURAL PROJECTS), IN THE
INITIAL AGGREGATE PRINCIPAL AMOUNT OF NOT
EXCEEDING $24,000,000; ESTABLISHING THE MATURITY
SCHEDULE AND REDEMPTION TERMS IN CONNECTION
WITH THE BONDS, AUTHORIZING THE CITY MANAGER
OR FINANCE DIRECTOR TO PUBLISH A SUMMARY
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09/07/04
NOTICE OF SALE AND TO RECEIVE BIDS PURSUANT TO
A COMPETITIVE SALE OF SAID BONDS TO THE
RESPONSIVE BIDDER OFFERING THE LOWEST TRUE
INTEREST COST TO THE CITY WHICH SHALL NOT
EXCEED SIX PERCENT; APPOINTING A PAYING AGENT
AND BOND REGISTRAR; AUTHORIZING THE
REGISTRATION OF THE BONDS UNDER A BOOK-ENTRY
SYSTEM; APPROVING THE FORM OF A SUMMARY
NOTICE OF SALE, AN OFFICIAL NOTICE OF BOND SALE
AND BID FORM, PRELIMINARY OFFICIAL STATEMENT
AND AUTHORIZING THE EXECUTION AND DELIVERY OF
AN OFFICIAL STATEMENT RELATING TO THE BONDS;
AUTHORIZING THE USE BY THE SUCCESSFUL BIDDER
OF THE OFFICIAL STATEMENT RELATING TO THE
BONDS; APPROVING THE FORM OF AND AUTHORIZING
THE EXECUTION AND DELIVERY OF A PAYING AGENT
AND REGISTRAR AGREEMENT RELATING TO THE
BONDS; PROVIDING FOR A BOND INSURANCE POLICY
FOR THE BONDS PROVIDED BY MBIA INSURANCE
CORPORATION; AUTHORIZING THE PROPER OFFICERS
OF THE CITY TO DO ALL OTHER THINGS DEEMED
NECESSARY OR ADVISABLE AS TO THE SALE AND
DELIVERY OF THE BONDS; AND PROVIDING FOR AN
EFFECTIVE DATE.
(The official copy of Resolution No. 62-04 is on file in the City Clerk's office.)
The City Manager stated this resolution authorizes the competitive sale.
Mr. Levinson moved to approve Resolution No. 62-04, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 3 to 0 vote.
9.M. LEGAL ACTION/CAROLINA CABANA: Consider authorizing staff to
commence legal action against Carolina Cabana for breach of contract as the exclusive provider
of beach umbrellas, chairs, and cabanas on the municipal beach.
The City Attorney stated the City entered into an agreement with Carolina Cabana
Company and per the direction of the City Commission the City entered into a payment plan. To
date, no amounts have been paid by Carolina Cabana and the City Attorney is requesting the
authority to commence legal action against Carolina Cabana Company.
Ms. McCarthy moved to approve to authorize staff to commence legal action
against Carolina Cabana for breach of contract, seconded by Mr. Levinson. Upon roll call the
Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Levinson -
Yes. Said motion passed with a 3 to 0 vote.
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09/07/04
9.N. REQUEST TO REDUCE LIENS/COMMUNITY REDEVELOPMENT
AGENCY: Consider a request from the Community Redevelopment Agency (CRA) to waive a
portion of the liens for interest and administrative fees in the amount of $3,846.59 assessed for
abating nuisances on property located at 17 N.W. 5th Avenue. The Community Redevelopment
Agency is prepared to pay the remaining lien of $1,898.42. Staff recommends approval.
Mr. Levinson moved to approve the request from the Community
Redevelopment Agency (CRA) to reduce the liens associated with property located at 17 N.W.
5th Avenue in the amount of $3,846.59 with the provision that the balance of the liens
($1,898.42) be paid within 30 days of City Commission approval, seconded by Ms. McCarthy.
Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Levinson - Yes;
Ms. McCarthy - Yes. Said motion passed with a 3 to 0 vote.
9.0. CHILDREN' S SERVICES COUNCIL/MEMORANDUM OF
AGREEMENT AND SUBCONTRACTS/COMMUNITY CHILD CARE
CENTER/CHILDREN'S CASE MANAGEMENT ORGANIZATION: Consider approval
of a Memorandum of Agreement between the City of Delray Beach and Children's Services
Council (CSC) in the amount of $766,676.00 in support of the Beacon Center Services at Village
Academy Elementary School and Subcontracts between the City and the Community Child Care
Center in the amount of $603,276.00 and between the City and the Children's Case Management
Organization in the amount of $163,400.00 for carrying out services at the Beacon Center.
The City Manager stated staff recommends approval of all three agreements as
proposed in support of services provided through the Beacon Center at Village Academy.
Mr. Levinson moved to approve a Memorandum of Agreement between the City
of Delray Beach and Children's Services Council (CSC) in support of the Beacon Center
Services at Village Academy Elementary School and Subcontracts between the City and the
Community Child Care Center and between the City and the Children's Case Management
Organization (CCMO), seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed
with a 3 to 0 vote.
9.P. THIS ITEM HAS BEEN DEFERRED TO THE REGULAR CITY
COMMISSION MEETING OF SEPTEMBER 21~ 2004.
9.Q. THIS ITEM HAS BEEN DEFERRED TO THE REGULAR CITY
COMMISSION MEETING OF SEPTEMBER 21~ 2004.
9.R. THIS ITEM HAS BEEN DEFERRED TO THE REGULAR CITY
COMMISSION MEETING OF SEPTEMBER 21~ 2004.
9.S. THIS ITEM HAS BEEN DEFERRED TO THE REGULAR CITY
COMMISSION MEETING OF SEPTEMBER 21~ 2004.
At this point, the Commission moved to Item 12, First Readings.
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12. FIRST READINGS:
12.A. ORDINANCE NO. 47-04: Future Land Use Map (FLUM) Amendment from
MD (Medium Density Residential 5-12 dwelling units per acre) to TRN (Transitional) and
rezoning from RM (Medium Density Residential 6-12 dwelling units per acre) to RO
(Residential Office) for a 0.86 acre parcel of land, a portion of the Lighthouse Property, bordered
by S.W. 1st Street on the north, S.W. 1st Avenue on the east, and S.W. 2nd Avenue on the west. If
passed, a quasi-judicial public hearing will be scheduled for September 21, 2004.
The caption of Ordinance No. 47-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE FUTURE
LAND USE MAP DESIGNATION AS CONTAINED IN THE
COMPREHENSIVE PLAN FROM MD (MEDIUM DENSITY
RESIDENTIAL 5-12 DU/AC) TO TRN (TRANSITIONAL);
ELECTING TO PROCEED UNDER THE SINGLE HEARING
ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS; AND REZONING AND PLACING LAND
PRESENTLY ZONED RM (MEDIUM DENSITY
RESIDENTIAL) DISTRICT TO RO (RESIDENTIAL OFFICE)
DISTRICT; SAID LAND BEING A PARCEL OF LAND
LOCATED ON THE SOUTH SIDE OF SW 1sT STREET,
BETWEEN SW 1sT AVENUE AND SW 2ND AVENUE, AS
MORE PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, JULY 2004";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 47-04 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated this parcel of land totals
approximately 0.86 acres and constitutes the northernmost portion of a former halfway house
development known as The Lighthouse. The mixed-use development will contain approximately
10,000 square feet of office floor area and 30 townhomes. The proposed office use is permitted
under the proposed RO zoning; however, would not be allowed under the existing RM zoning.
At its meeting of August 16, 2004, the Planning and Zoning Board held a public
hearing in conjunction with the Future Land Use Map Amendment and Rezoning request. There
was no public testimony regarding the request. After discussing the proposal, the Board moved a
recommendation of approval for the privately sponsored request for a small scale FLUM
amendment from MD (Medium Density) to TRN (Transitional) and rezoning from RM (Medium
Density Residential) to RO (Residential Office) on a vote of 5-0 (Pike absent, Morris stepped
down), by adopting the findings of fact and law contained in the staff report, and finding that the
request and approval thereof is consistent with the Comprehensive Plan, the Southwest Area
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Neighborhood Redevelopment Plan, the Downtown Delray Beach Master Plan, and meets the
criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the LDR's.
Mr. Levinson moved to approve Ordinance No. 47-04 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson -
Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 3 to 0 vote.
12.B. ORDINANCE NO. 54-04: An ordinance amending Chapter 110, "Occupational
Licenses Generally", Section 110.15, "License Tax Schedule", of the City Code of Ordinances to
provide for a five (5) percent increase in all occupational license tax fees effective October 1,
2004. If passed, a public hearing will be scheduled for September 21, 2004.
The caption of Ordinance No. 54-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 110,
"OCCUPATIONAL LICENSES GENERALLY", SECTION
110.15, "LICENSE TAX SCHEDULE", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, TO
PROVIDE FOR AN INCREASE IN OCCUPATIONAL
LICENSE FEES; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 54-04 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
The City Manager stated per Florida State Statute the City is allowed to increase
occupational license fees a maximum of 5% every other year.
Ms. McCarthy moved to approve Ordinance No. 54-04 on FIRST Reading,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy -
Yes; Mayor Perlman - Yes; Mr. Levinson - Yes. Said motion passed with a 3 to 0 vote.
12.C. ORDINANCE NO. 53-04: An ordinance amending Chapter 51, "Garbage and
Trash", of the City Code of Ordinances by amending Section 51.70, "Regular Charges Levied",
to provide for increasing contracted garbage, trash, recycling, vegetation, and bulk waste
collection service rates by 2.3% for FY 2005. If passed, a public hearing will be scheduled for
September 21, 2004.
The caption of Ordinance No. 53-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51,
"GARBAGE AND TRASH", OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, BY AMENDING
SECTION 51.70, "REGULAR CHARGES LEVIED", TO
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PROVIDE FOR INCREASED RESIDENTIAL AND
COMMERCIAL COLLECTION SERVICE RATES FOR FY
2005; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 53-04 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Mr. Levinson moved to approve Ordinance No. 53-04 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman -
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 3 to 0 vote.
12.D. ORDINANCE NO. 55-04: An ordinance amending Chapter 53, "Sanitary
Sewers", of the City Code of Ordinances by amending Section 53.130, "User Charges;
Wholesale Sewer Rates; Calculation of Sewer Surcharge", to provide for an increase of .045
cents per 1,000 gallons for treatment costs. If passed, a public hearing will be scheduled for
September 21, 2004.
The caption of Ordinance No. 55-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53,
"SANITARY SEWERS", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, BY AMENDING SECTION
53.130, "USER CHARGES; WHOLESALE SEWER RATES;
CALCULATION OF SEWER SURCHARGE", SUBSECTION
53.130(D), TO PROVIDE FOR INCREASED RESIDENTIAL
AND NONRESIDENTIAL/COMMERCIAL RATES FOR FY
2005; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 55-04 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. 55-04 on FIRST Reading,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson -
Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 3 to 0 vote.
12.E. ORDINANCE NO. 56-04: An ordinance amending Chapter 52, "Water" of the
City Code of Ordinances by amending Section 52.34, "Water Rates", to provide for increased
residential, nonresidential, and irrigation rates for FY 2005. If passed, a public hearing will be
scheduled for September 21, 2004.
The caption of Ordinance No. 56-04 is as follows:
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09/07/04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52,
"WATER", OF THE CODE OF ORDINANCES OF THE CITY
OF DELRAY BEACH, BY AMENDING SECTION 52.34,
"WATER RATES", SUBSECTION 52.34(B), TO PROVIDE FOR
INCREASED RESIDENTIAL, NONRESIDENTIAL AND
IRRIGATION RATES FOR FY 2005; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 56-04 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
The City Manager stated this is about a 2% increase in water rates.
Mr. Levinson moved to approve Ordinance No. 56-04 on FIRST Reading
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy -
Yes; Mayor Perlman - Yes; Mr. Levinson - Yes. Said motion passed with a 3 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.
The City Manager had no comments or inquiries on non-agenda items.
11.B. From the Public.
There were no public comments from the public.
At this point, the Commission moved to Item 13, Comments and Inquiries on
Non-Agenda Items.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager
The City Manager stated he would like to update the Commission with regard to
the aftermath of Hurricane Frances. With respect to Fire-Rescue, the City has reduced staffing to
lower levels now operating with 39 personnel on duty and each 24-hour shift with normal
staffing being a minimum of 31. Prior to and during the storm the City had 94 Fire-Rescue
employees on duty with 22 response units. During the storm all Fire-Rescue stations were fully
staffed including stations east of the Intracoastal and responses were only temporarily suspended
based on high wind conditions for about three hours and there were no major emergencies during
that period. During the operational period from midnight Friday to midnight Monday the Fire-
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09/07/04
Rescue Department responded to 272 alarms (approximately 126% above the daily norm). No
Fire-Rescue personnel had reported any on-duty injuries as a result of the storm activities or
response. Fire Station #3 is still without power and is on limited auxiliary power and Fire
Station #6 is still without administrative telephones and dispatch ring down lines. However,
dispatching is done by radio and that system is operational. The Fire Headquarters suffered
some water damage from some windows and vents and cleaning and remediation is underway.
With regard to the Police Department, the City Manager stated on Friday,
September 3, 2004 at 6:00 a.m. the Police Department initiated its Hurricane Operational Plan
and activated the Police Emergency Operations Center with 24-hour staffing. The instant
command system is utilized to coordinate efforts and stabilize the pending incident. The barrier
island was evacuated per the Palm Beach County Emergency Operations Center and entry was
restricted by members of the Police Department. A curfew was enacted restricting movement
during the hours of 8:00 p.m. to 6:00 a.m. During the storm, patrol units were strategically
deployed from various locations throughout the City and field forces were utilized to provide
adequate protection. Post storm activities included providing security for fuel service stations,
traffic direction, bank security, and the establishment of a Federal Emergency Management
Agency (FEMA) distribution center at Pompey Park. During the period Friday, September 3,
2004, starting at midnight through Tuesday, September 7, 2004 at 4:00 p.m., the following
activity has been reported: Police dispatched 755 calls, officers self initiated 599 calls; Fire-
Rescue had 160 medical calls and 195 fire calls many of which were wires down. He stated
dispatch received 1,122 emergency (911) calls and 6,604 non-emergency calls. The City
Manager stated during hours of the curfew officers made over 500 contacts with various
individuals. Additionally, over a dozen arrests have been made and two persons were arrested
for burglary; one occurring at Atlantic High School and the other at the Tennis Center. On
Tuesday evening, an individual was arrested as a result of a traffic stop for a car jacking in
another jurisdiction. Currently the Police EOC is still in operation and increased staffing is
continuing to patrol, provide traffic direction, and security as needed. Additionally, FEMA is
considering activating a Disaster Recovery Center at Pompey Park utilizing the gym as work
stations. The City Manager stated he is hopeful that the City will go back to more normal
staffing levels with Police soon.
With regard to status of utilities, the City Manager stated the water storage tanks
are now full which is about 7 lA million gallons of storage. The wells either remain off-line or on
generated power with a steady supply rate of 7,000 gallons a minute which is about 10 million
gallons per day and system pressure will begin gradually increasing to 45 pounds per square inch
as of this morning. The Water Treatment Plant and all satellite pump stations are on-line with
either FPL or generators except for Owens Baker. The City Manager stated approximately 75%
of sewer lift stations remain off-line and the City obtained two portable generators from the
Florida Rural Water Association (FRWA) and this morning received additional skid mounted
generators from the FRWA.
At this point, the City Manager gave more in depth detail on the Police
Department. He stated some of the major intersections have lights again with the two biggest
problems being on Congress Avenue at Linton Boulevard and Atlantic Avenue.
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09/07/04
The City Manager announced that the City received a call from the Palm Beach
County Emergency Operations Center advising that three trains will be sent down to this area on
the FEC carrying fuel and supplies and each train will be four miles long. He stated the City will
handle each crossing since the crossing gates are not functioning. The City was informed that
they would have one hour advanced notice to deploy and will inform the Fire-Rescue
Department of the timing to ensure adequate resources on both sides of the tracks. The City
Manager stated the trains are expected to pass through Delray Beach around 4:00 p.m., 6:00
p.m., and 8:00 p.m.
The City Manager commended all City employees for performing extremely well
during Hurricane Frances and he is very pleased that the planning and training that has been done
over the years has paid off. He stated everyone has worked hard and continue to do an
outstanding job. The City Manager stated when the aftermath of Hurricane Frances is over, he
suggested that the City have a big celebration for all City employees during work hours (i.e.
special holiday).
13.B. City Attorney
The City Attorney stated it was very interesting to be a part of the team at the
Emergency Operations Center (EOC) and commended the Police Department, the Fire-Rescue
Department, Public Works, and Environmental Services for all their efforts and hard work during
Hurricane Frances.
13.C. City Commission
13.C.1. Ms. McCarthy
Ms. McCarthy stated she had the opportunity to watch the EOC as well. She
commended City staff and the volunteers for their efforts and noted the EOC was phenomenal at
how they kept things moving. In addition, Ms. McCarthy stated she also had direct contact with
the Police Chief who kept her well informed and was very instrumental in troubleshooting
situations she incurred along the way. She commended the City Manager and the Assistant City
Manager and stated it is phenomenal what they have accomplished in a very short period of time.
During the last several days, Ms. McCarthy stated she has been in contact with elected officials
throughout Palm Beach County and they were amazed at how quickly Delray Beach put things in
place. She stated information about the city was on many local airwaves (i.e. television and
radio).
She stated many of the stores have not been re-supplied with goods yet.
However, the Senators who represent our area had a conference call today and they are trying to
expedite the canisters coming off the port as quickly as possible so the goods can be placed on
trucks and stores can be stocked.
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09/07/04
13.C.2. Mr. Levinson
Mr. Levinson stated the effort of the EOC staff was phenomenal and he thanked
City staff as he saw them and concurs with the City Manager that something special should be
done for all City employees.
Secondly, Mr. Levinson commented about the Florida League of Cities
Conference.
With regard to false alarm calls, Mr. Levinson stated there is a new program that
the City of Gainesville currently has where the alarm company will not call the Police or Fire
Department directly but will only do it after they reach someone on your list. He stated this
program is referred to as the Alternate Call System (ACS) where an individual has to provide the
security company with their house number and one other primary contact. If the alarm company
does not reach anyone after making the second call, then they call the appropriate authorities.
Mr. Levinson stated he spoke with Bob Hagel who informed him there was minor
damage to the roof of the administrative building.
Mr. Levinson commented that he was extremely pleased with the City's readiness
and the ability to deal with change. However, he stated he was very disappointed on the
conference call at how poorly organized the County was. He stated the County had no real plan
at Solid Waste to pickup recycling or vegetative waste and were only picking up garbage. Mr.
Levinson stated there needs to be some additional effort on the County's part to deal with some
of these issues.
He stated he has spent three days driving around neighborhoods to see the
aftermath of Hurricane Frances. He stated every place east of 1-95 informed him that they had
not seen an FP&L truck in the area for three days. Mr. Levinson stated the City needs to discuss
this with FP&L and in sympathy to them he would like to see what the City can do in terms of
the issue of trees encroaching on power lines from private property. He suggested that the City
enact an ordinance that if a tree is within five feet of a power line a property owner has six
months to cut it down, relocate it, or pay to relocate the power line underground.
13.C.3. Mayor Perlman
Mayor Perlman stated he spoke with Tony Newbold (FP&L) today and they are
looking for specific problems throughout the City of Delray Beach and he provided the City
Manager with additional telephone numbers to contact him. The City Manager stated the major
issue is to restore power at the two intersections on Congress Avenue at Linton Boulevard and
Atlantic Avenue because currently Police officers have to help direct traffic because the traffic
lights are not working.
Mr. Levinson stated that FP&L has a "critical sites" list and suggested that the
City of Delray Beach review this list and make sure that what FP&L believes to be critical sites
are indeed critical sites.
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09/07/04
Mayor Perlman thanked the City staff, all Departments, and Department Heads
that left their homes to work in the EOC. He stated he particularly appreciated the regular
communication he had with the City Manager throughout the event. He feels one of the great
calls that were made early on was to lower the water pressure and as a result the City of Delray
Beach did not have to boil water. He drove around the neighborhoods and was touched by the
camaraderie of people and neighbors helping each other prepare for Hurricane Frances. He feels
this was a terrific thing to see citywide and hopes the camaraderie lasts beyond just a few days.
Mayor Perlman stated last night in sympathy he reached out to Lula and Leonard
Butler because they are without power. He stated Mrs. Butler stated in spending time in the
EOC she saw things in people that surprised her in those situations. In particular, Mrs. Butler
was very impressed with Bob Barcinski, Paul Dorling, Susan Ruby, the City Manager, Chief
Koen, Chief Schroeder, and Richard Hasko.
Mayor Perlman inquired about the conditions of the beach. Paul Dorling,
Director of Planning and Zoning, stated much of the sand is lost and there are some tiki hut
remnants and logs on the beach along with some damage to the sail boats. Mr. Dorling stated
approximately six sailboats need to be hauled out of the dune and approximately half the beach is
lost. Mr. Dorling stated the beach is not necessarily gone but is in offshore areas and as the
waves subside that will be returning to the beach. The City Manager reiterated that this is what
the beach is designed to do so the road and buildings do not end up being washed away. The
City Manager stated the municipal beach will remain closed until the City feels it is safe from a
sanitary standpoint.
Bob Barcinski, Assistant City Manager, thanked the Golf Course staff, restaurant
staff, and Ellie' s Deli for quick mobilization in preparation to feed staff after the storm. Mayor
Perlman suggested that staff draft letters of thanks in appreciation for the food.
Mayor Perlman stated Fox News National called him with regard to Hurricane
Frances and when he was about to be interviewed the power went out.
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. RESOLUTION NO. 67-04 (TENTATIVE MILLAGE LEVY): A resolution
tentatively levying a tax on all properties within the City of Delray Beach for operation and
maintenance and for payment of principal and interest on bonded indebtedness for FY 2005.
Prior to consideration of passage of this resolution, a public hearing has been scheduled to be
held at this time.
The caption of Resolution No. 67-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, TO TENTATIVELY LEVY A
TAX ON ALL PROPERTIES WITHIN THE CITY OF
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DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND
OPERATION, AND TO TENTATIVELY LEVY A TAX FOR
THE PAYMENT OF PRINCIPAL AND INTEREST ON
BONDED INDEBTEDNESS, AND TO ALLOCATE AND
APPROPRIATE SAID COLLECTIONS THEREUNDER.
(The official copy of Resolution No. 67-04 is on file in the City Clerk's office.)
The City Attorney announced this resolution levies a tax on all properties in the
City of Delray Beach for fiscal year 2005 as follows: 7.45 mills for operation and maintenance
of the General Fund, 0.55 mills for the payment of principal and interest on bond indebtedness
for a total of 8.0 mills as the tentative millage rate. The rolled back rate calculated under the
TRIM law for operating purposes is 6.7619 mills. The tentative millage rate is 10.18% above the
rolled back rate.
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. There being no one from the
public who wished to address the Commission regarding Resolution 67-04, the public hearing
was closed.
Prior to the vote, Mayor Perlman stated this is the fourth consecutive year that the
millage rate has remained at 8.0 mills and the operating millage has decreased this year.
Therefore, the City of Delray Beach has been able to provide for the Bond Issue at no additional
increase in tax.
Mr. Levinson moved to approve Resolution No. 67-04, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 3 to 0 vote.
10.B. RESOLUTION NO. 69-04 (TENTATIVE MILLAGE LEVY/DDA): A
resolution tentatively levying a tax on all properties within the Downtown Development
Authority Taxing District of the City of Delray Beach for FY 2005. Prior to consideration of
passage of this resolution on Second and FINAL Reading, a public hearing has been scheduled
to be held at this time.
The caption of Resolution No. 69-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON
ALL PROPERTIES WITHIN THE DOWNTOWN
DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE
CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE
AND OPERATION, AND TO APPROPRIATE SAID
COLLECTIONS THEREUNDER.
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09/07/04
(The official copy of Resolution No. 69-04 is on file in the City Clerk's office.)
The City Attorney stated this resolution levies a tax in the amount of 1.00 mill on
all properties within the Downtown Development Authority Taxing District of the City of Delray
Beach for fiscal year 2005. This millage exceeds the 0.8477 rolled back rate calculated under the
TRIM law by 17.97%.
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. There being no one from the
public who wished to address the Commission regarding Resolution No. 69-04, the public
hearing was closed.
Ms. McCarthy moved to approve Resolution No. 69-04, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy
- Yes; Mayor Perlman - Yes. Said motion passed with a 3 to 0 vote.
10.C. RESOLUTION NO. 68-04 (TENTATIVE BUDGET ADOPTION FOR FY
2005): A resolution tentatively making appropriations of sums of money for all necessary
expenditures of the City of Delray Beach for the period October 1, 2004 through September 30,
2005. Prior to consideration of passage of this resolution on Second and FINAL Reading, a
public hearing has been scheduled to be held at this time.
The caption of Resolution No. 68-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, MAKING TENTATIVE
APPROPRIATIONS OF SUMS OF MONEY FOR ALL
NECESSARY EXPENDITURES OF THE CITY OF DELRAY
BEACH FOR THE PERIOD FROM THE 1st DAY OF
OCTOBER, 2004, TO THE BOth DAY OF SEPTEMBER, 2005;
TO PRESCRIBE THE TERMS, CONDITIONS AND
PROVISIONS WITH RESPECT TO THE ITEMS OF
APPROPRIATIONS AND THEIR PAYMENT; AND TO
REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH
THIS RESOLUTION AND ALL RESOLUTIONS
INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT
OF SUCH INCONSISTENCY.
(The official copy of Resolution No. 68-04 is on file in the City Clerk's office.)
A public hearing was held having been legally advertised in compliance with the
laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
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09/07/04
Mayor Perlman declared the public hearing open. There being no one from the
public who wished to address the Commission regarding Resolution No. 68-04, the public
hearing was closed.
Mr. Levinson moved to approve Resolution No. 68-04, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 3 to 0 vote.
10.D. THIS ITEM HAS BEEN DELAYED TO THE REG[ILAR CITY
COMMISSION MEETING OF SEPTEMBER 21~ 2004.
10.E. ORDINANCE NO. 50-04 {FIRST READING/FIRST P[IBLIC HEARING~:
An ordinance amending Land Development Regulations (LDR) Section 4.4.18(B)(4), "Service
Industry", of the Planned Commerce Center Zoning District, Allowed Uses, to add "Food
Catering Establishments, preparation, and storage only (No Food Served on Premises)" as a
permitted use. If passed, a second public hearing will be scheduled for September 21, 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. 50-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF CODE OF
ORDINANCES BY AMENDING SECTION 4.4.18, "PLANNED
COMMERCE CENTER (PCC) DISTRICT", SUBSECTION
4.4.18(B), "ALLOWED USES", SUBSUBSECTION 4.4.18(B)(4),
"SERVICE iNDUSTRY", PROVIDING THAT FOOD
CATERING ESTABLISHMENTS, PREPARATION AND
STORAGE ONLY, ARE AN ALLOWED USE WITHIN THE
"SERVICE iNDUSTRY" CLASSIFICATION; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 50-04 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 this is a privately initiated
text amendment from Crazy From The Heat Restaurant, Inc. Mr. Dorling stated this group
provides food preparation and off-site catering to several restaurants in the City and outside the
City and have requested that this be added to the Service Industry category. Pursuant to LDR
Section 4.4.18(B)(2), the allowed uses with the Light Industrial portion of the development are
manufacturing, fabrication, assembly, wholesale, and distribution. Conversely, the Service
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Industry category allows uses that are primarily engaged in providing an off-site service but
which maintains inventory, storage of materials, and a business office at a central location. The
related prohibition of on-site food service is appropriate since restaurants are not consistent with
the allowed uses within the Service Industry subsection. Pursuant to LDR Section 2.4.5(M)(5),
approval of an LDR amendment must be based upon a finding that the amendment is consistent
with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. While the
amendment does not specifically further the Goals, Objectives, and Policies of the
Comprehensive Plan, it is not inconsistent with them.
At its meeting of August 16, 2004, the Planning and Zoning Board held a public
hearing regarding this item and the Board recommended approval with a 6-0 vote (Pike absent)
of the proposed amendment to the LDR's Section 4.4.18(B)(4), based upon positive findings
with respect to LDR Section 2.4.5(M).
Mayor Perlman declared the public heating open. There being no one from the
public who wished to address the Commission regarding Ordinance No. 50-04, the public
heating was closed.
Mr. Levinson expressed concern that this ordinance would also permit mobile
food vendors to be in an industrial park with more traffic than might otherwise be currently
permitted. Mr. Dorling stated this is very similar to other uses that are currently allowed in that
district; however, it does not specify "food catering". There are some other food processing
"-- types of operations that are currently allowed and have not been a problem in the past.
Mr. Levinson moved to approve Ordinance No. 50-04 on First Reading/First
Public Hearing, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Levinson - Yes. Said motion passed with a 3
to 0 vote.
There being no further business, Mayor Perlman declared the meeting adjourned
at 7:07 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
September 7, 2004, which Minutes were formally approved and adopted by the City Commission
on September 21, 2004
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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.
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