03-01-05 Minutes
Commissioner Jeff Perlman
MARCH 1, 2005
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, March 1, 2005.
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
Robert A. Barcinski, Assistant City Manager
Susan Ruby, City Attorney
Chevelle D. Nubin, City Clerk
Mayor Perlman stated he would like to offer a moment of silence for the
sadness that has engulfed the community and asked that everyone pray for the family of
Jerrod Miller and the family of Officer Adam Rosenthal who suffered a terrible loss last
weekend as well. Mayor Perlman stated it is his hope that we continue to communicate
with one another and that we continue to strive for answers in the truth in a peaceful spirit
of collaboration and unity. He stated while these are tragic events that cannot be undone
or changed, they do offer opportunities to learn and come together as a community and it
is his further hope to do so.
2.
The opening prayer was delivered by Reverend Ron Arflin with Abbey
Delray South.
3.
The Pledge of Allegiance to the flag of the United States of America was
given.
4.AGENDA APPROVAL.
Item 8.E.,Biological Monitoring
Mayor Perlman requested that
ActivitiesItem 9.A.1.
of the Consent Agenda be moved to the Regular Agenda as
Item 8.K.Contract Addition
Mayor Perlman noted the addition of
(Change Order No. 2)/Asphalt Consultants, Inc.,
to the Consent Agenda by addendum.
Item 9.A., I-Net
He stated there is additional information for
Agreement/Adelphia Cable Communications
and a revised franchise agreement for
Item 10.B., Franchise Agreement/Adelphia Communications Corp.
03/01/05
Mr. Levinson moved to approve the Agenda as amended, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mr. Costin – Yes; Mrs.
Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes. Said
motion passed with a 5 to 0 vote.
5.APPROVAL OF MINUTES:
Mr. Costin noted a correction to page 5 of the Minutes with regard to the
ex parte communications for Item 9.A. (Conditional Use Request/First Avenue
Townhomes) and stated he had a meeting with Mr. Weiner.
Mr. Levinson moved to approve the Minutes of the Regular Meeting of
February 15, 2005 as amended, 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.
6. PROCLAMATIONS:
6.A. Recognizing and commending Tom Kwiatek –
Administration/Recreation Division - Parks and Recreation Department Employee
of the Year for 2004, and Jo Wagenhals – Ocean Rescue Division and Jesse
Melendez – Parks Maintenance Division as Parks and Recreation Top Employees of
the Year 2004
Mayor Perlman read a proclamation hereby recognizing and commending
Tom Kwiatek, Parks and Recreation Employee of the Year 2004Jo Wagenhals and
,
Jesse Melendez, Parks and Recreation Top Employees of the Year 2004
on a job well
done for the Parks and Recreation Department and the City of Delray Beach. Joe
Weldon, Director of Parks and Recreation, accepted a $100 check and a plaque for Jo
Wagenhals. Mr. Weldon presented a $100 check and a plaque to Jesse Melendez and a
$300 check and a plaque to Tom Kwiatek.
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6.B. Recognizing Lucille and Johnnie Jones’ 75 Wedding Anniversary
Mayor Perlman read and presented proclamation hereby congratulating
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Lucille and Johnnie Jones on their 75 Wedding Anniversary. Mr. and Mrs. Jones came
forward to accept the proclamation.
7. PRESENTATIONS:
7.A. Old School Square Parking Garage Presentation, PGAL/Eliopoulos
Richard Hasko, Director of Environmental Services, gave a brief
PowerPoint presentation regarding the features and elevations for the Old School Square
Parking Garage. He stated the parking will have a total of 538 parking spaces and 100
square feet of retail space.
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Mrs. Archer expressed concern that if Old School Square has use of the
facility they are going to block off the area for tour buses, etc. which requires blocking
off the exit/entrance. She stated if there is not a secondary entrance or exit there is no
way for people to get in to park. Mr. Hasko stated they have the ability to control access
for the loading area and for the park. Mr. Hasko stated the secondary access was
essentially going to be an exit only. Mrs. Archer stated before a layout is approved she
feels the City needs to talk to a large group that has used this (i.e. Nancy Stewart).
Mr. Hasko briefly explained the analysis of the costs for Option #10. He
stated the entire garage including the site work is estimated to cost approximately $7.5-
$8.5 million; the retail shell space is estimated to cost approximately $1.5-$1.7 million;
the restrooms are estimated to cost approximately $350,000-$400,000. He stated the
overall structure is a little over $220,000 square feet and is estimated to cost
approximately $9-$10.5 million.
With regard to Mrs. Archer’s concern regarding the accommodation for a
tour bus in the area near the entrance, Mr. Costin asked if there is enough
maneuverability to accommodate a bus in this area. Ian Nessler stated there is enough
room to accommodate a bus; however, Mrs. Archer’s concern has been discussed with
Mr. Gillie and depending on how many buses and tractor trailers pull into this area, there
could be an issue with congestion and service ability. Mr. Nessler stated although one or
two vehicles could turn around easily in this area if there are a multitude of service
vehicles this could become an issue. He suggested that staff talk to some of the
stakeholders to see exactly how many service vehicles with be coming through during
major events.
Brief discussion continued between Nancy Stewart and the Commission.
It was the consensus of the Commission that staff meet with Joe Gillie,
Nancy Stewart, and the stakeholders to discuss this issue and move as expeditiously as
possible for the construction of the Old School Square parking garage.
8. CONSENT AGENDA:
City Manager Recommends Approval.
ST
8.A. ACCEPTANCE OF RIGHT-OF-WAY DEED/136 N.E. 1 AVENUE:
Approve and accept a right-of-way deed associated with the Ferrara Duplex, located at
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136 N.E. 1 Avenue.
8.B. AMENDMENT TO THE 2002 SUBGRANT AGREEMENT/STATE
OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES:
Approve an
amendment to the 2002 Subgrant Agreement with the Florida Department of Financial
Services to accept a light duty rescue vehicle valued at $69,587.00 and Hazardous
Materials Sustainment Funds in the amount of $10,363.91 for equipment replacement,
instrument testing, and calibration.
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8.C. SERVICE AUTHORIZATION NO. 04-01/HAZEN AND SAWYER,
INC.:
Approve Service Authorization No. 04-01 to Hazen and Sawyer, Inc. in the
amount of $22,932.00 for the design and preparation of construction documents for
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adding an additional lane on N.E. 4 Street between N.E. 5 Avenue and N.E. 6
Avenue. Funding is available from 448-5461-538-65.31 (Storm Water Utility Fund/N.E.
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4 Street - N.E. 5 Ave. to N.E. 6 Ave.).
8.D. RESOLUTION NO. 7-05:
Approve a resolution to set the public hearing
date for the Seacrest/Del-Ida Special Assessment District Final Assessment Roll.
The caption of Resolution No. 7-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, SETTING A
PUBLIC HEARING DATE FOR THE PUBLIC
HEARING CERTIFYING THE FINAL ASSESSMENT
ROLL FOR THE SEACREST/DEL-IDA SPECIAL
ASSESSMENT DISTRICT; PROVIDING FOR THE
MAILING AND PUBLICATION OF NOTICE
REGARDING THE PUBLIC HEARING; PROVIDING
AN EFFECTIVE DATE.
(The official copy of Resolution No. 7-05 is on file in the City Clerk’s
office.)
8.E. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.1.
8.F. EXPANDED SEA TURTLE MONITORING ACTIVITIES:
Approve
expanded Sea Turtle Monitoring Activities in association with the upcoming beach
renourishment activity in the amount of $38,750.00 per year through the year 2007.
Funding is available from 332-4164-572-34.90 (Beach Restoration Fund/Other
Contractual Services).
8.G. SUBORDINATION AGREEMENT FOR COMMUNITY
DEVELOPMENT FUNDING RECIPIENT:
Authorize and approve subordination of
the City’s second mortgage in the amount of $17,000.00 to allow the applicant to secure
new financing.
8.H.SITES SURVEY/GAI CONSULTANTS, INC./OLD SCHOOL
SQUARE HISTORIC ARTS DISTRICT (OSSHAD):
Consider approval to proceed
with the Old School Square Historic Arts District (OSSHAD) Sites Survey Task and
approve an agreement with GAI Consultants, Inc. in the amount of $15,000.00. Funding
is available from 001-2511-515-31.90 (General Fund/Other Professional Services).
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8.I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS:
Accept the actions and decisions made by the Land Development Boards for
the period February 14, 2005 through February 25, 2005.
8.J. AWARD OF BIDS AND CONTRACTS:
1.
Purchase award to Florida Bullet in the amount of $17,030.50 for
the purchase of ammunition for training, new hire and annual
qualifications, and mandatory tactical training for the Police
Department. Funding is available from 001-2111-521-52.20
(General Fund/General Operating Supplies).
2.
Bid award to Red Wing Shoe Store at an estimated annual cost of
$31,900.00 via the City of Pompano Beach Bid #H-24-05 for the
purchase of safety shoes for City Employees. Funding is available
from various departments’ operating expense budgets.
3.
Purchase award to Clarke Waste Systems, Inc. in the amount of
$25,050.00 for the purchase of an Applied Green Machine
Sidewalk Sweeper Model 424 RS. Funding is available from 119-
4144-572-64.90 (Beautification Trust Fund/Other
Machinery/Equipment).
8.K. CONTRACT ADDITION (CHANGE ORDER NO. 2)/ASPHALT
CONSULTANTS, INC. (ADDENDUM):
Approve a Contract Addition (Change Order
No. 2) between the City and Asphalt Consultants, Inc. in the amount of $91,065.00 for
additional services associated with the replacement of an existing water main as part of
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the NW/SW 5 Avenue Beautification Project. Funding is available from 442-5178-536-
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65.83 (Water & Sewer/Renewal/Replacement/NW/SW 5 Avenue).
Mr. Costin moved to approve the Consent Agenda as amended, 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.
9. REGULAR AGENDA:
9.A.1. BIOLOGICAL MONITORING ACTIVITIES:
Approve Biological
Monitoring Activities to be conducted by Coastal Planning and Engineering in the
amount of $192,817.00 in association with the upcoming beach renourishment activity.
Funding is available from 332-4164-572-31.30 (Beach Restoration
Fund/Engineering/Architect).
Paul Dorling, Director of Planning and Zoning, stated he requested that
this item be pulled from the Consent Agenda because some things have transpired since
this item was placed on the Agenda. He stated this biological monitoring is in
conjunction with a renourishment project that will occur in the next three weeks which
will be paid for 100% by the Federal Government. The proposed fee for this task is
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$192,817. Funds for this item are available in the Beach Restoration fund and these costs
are 100% reimbursable from a combination of Federal, State or County governments.
Mr. Dorling stated the Army Corp of Engineers has been successful in getting the
Department of Environmental Protection (DEP) to drop some of the monitoring
requirements so that the required monitoring would be approximately $90,000 instead of
$192,817. With those required monitoring numbers the City could still expect a 100%
reimbursement (50% County and 50% state). However, Mr. Dorling presented a scaled
down version which includes some additional tasks which protects the City in case there
is some damage to the reef. Mr. Dorling stated those are going to be over and above
those requirements the State has waived at this point. He stated the consultant with
Coastal Planning and Engineering (CPE) is present to discuss if the City should take
those additional monitoring tasks to provide protection. These tasks would equate to an
additional $40,000.00 bringing the mid-range up to approximately $130,000.00 for this
task. Mr. Dorling stated since it is not required monitoring, the State cannot commit to
providing a reimbursement portion of that; however, the County is willing to contribute
50%. Therefore, the potential impact to the City would be the additional task cost in the
amount of $20,000.00.
Richard H. Spadoni, Senior Vice President of Coastal Planning and
Engineering, Inc. stated the project is going to be accomplished under the existing
permits and the State has now waived those requirements. In the interest of the City, Mr.
Spadoni suggested that the City do a pre-construction investigation of the reef and
document the condition of the reef and do a post-construction documentation of the reef
after all the dredge equipment has left. He stated the reason he has suggested this is
because sometimes if something occurs in terms of any physical damage they would have
the documentation to demonstrate whether or not it was a project related impact. Mr.
Spadoni stated staff may wish to consider a pre-construction and post construction
monitoring event so that there is documentation of the reef prior to the construction, after
the equipment is gone and it would be very conclusive in terms of whether or not the
project had any affect on the reef.
Mr. Costin asked if the culpability lies with the City or the dredging
company. Mr. Spadoni stated the City is listed as the permittee on the permits; however,
where problems have occurred the culpability is passed on to the dredge contractor who
fined to make reparations for the damage.
The City Manager stated it is prudent to do the additional monitoring.
Mr. Levinson moved to approve the amended amount of $130,000.00 to
include approximately $120,000.00 out-of-pocket to the City of Delray Beach with the
balance to be recovered from the State and County grants for Biological Monitoring
activities, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms.
McCarthy – Yes; Mayor Perlman – Yes; Mr. Costin – Yes; Mrs. Archer – Yes; Mr.
Levinson – Yes. Said motion passed with a 5 to 0 vote.
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Item
At this point, the time being 7:04 p.m. the Commission moved to
9.A.
9.A. I-NET AGREEMENT/ADELPHIA CABLE COMMUNICATIONS:
Consider approval of an agreement with Adelphia Cable Communications to provide
fiber optic service to City facilities.
Joseph Safford, Finance Director, addressed three areas of concern
regarding the I-NET agreement per the direction of the City Commission. The first area
of concern is the issue for mission critical sites; the second area of concern is a ten (10)
year contract vs. a five (5) year contract; and the third area of concern is that staff has no
concern in the ten year period relative to expansion capability. Furthermore, Mr. Safford
stated the ten (10) year contract rate is $395.00 per month and he too would be concerned
about the rapid decrease in technology over a ten year period if the City were to pay close
to the market rate today. However, he stated the current market rate for a 1 gigabit fiber
optic site is approximately $2,500-$3,000 per site per month. Therefore, staff
recommends the ten (10) year commitment at $395.00 per month.
Mr. Levinson moved to approve the 5 year agreement at $495.00 per
month with Adelphia Cable Communications. Motion failed due to a lack of a second.
Prior to the vote, brief discussion followed between the Commission and
staff.
Mr. Costin moved to approve to a 10 year agreement at $395.00 per month
with Adelphia Cable Communications, seconded by Mrs. Archer. Upon roll call the
Commission voted as follows: Mayor Perlman – Yes; Mr. Costin – Yes; Mrs. Archer –
No; Mr. Levinson – No; Ms. McCarthy – Yes. Said motion passed with a 3 to 2 vote,
Commissioner Archer and Commissioner Levinson dissenting.
At this point, the time being 7:16 p.m. the Commission moved to the
Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 10-05:
An ordinance repealing Chapter 93, “The
City of Delray Beach Cable Television Ordinance”, in its entirety and replacing it with a
new and updated Chapter 93 to allow the ordinance to appropriately mesh with the
proposed franchise agreement with Adelphia. Prior to consideration of passage of
Ordinance No. 10-05 on Second and FINAL Reading, a public hearing has been
scheduled to be held at this time.
The caption of Ordinance No. 10-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REPEALING AND REPLACING CHAPTER 93 OF THE
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CITY CODE TO BE REFERRED TO AS “THE CITY OF
DELRAY BEACH CABLE TELEVISION
ORDINANCE”; PROVIDING A CODIFICATION
CLAUSE; PROVIDING FOR AUTHORITY FOR CABLE
TELEVISION SYSTEMS TO OPERATE, CONSTRUCT
AND MAINTAIN A CABLE TELEVISION SYSTEM IN
THE RIGHTS-OF-WAY OF THE CITY OF DELRAY
BEACH, FLORIDA; PROVIDING PROCEDURES,
REQUIREMENTS, AND FEES RELATING TO CABLE
TELEVISION TO REFLECT CHANGES IN
APPLICABLE LAW TO BETTER ENSURE THAT USE
OF CITY STREETS BY CABLE SYSTEMS SERVES
THE PUBLIC INTEREST; PROVIDING FOR
CUSTOMER SERVICE REQUIREMENTS;
PROVIDING A CONFLICTS CLAUSE; A
SEVERABILITY CLAUSE, AND AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
(The official copy of Ordinance No. 10-05 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.
The City Attorney stated these are the small changes in the ordinance itself
governing cable television.
Ila Feld, Attorney with Leibowitz & Associates, stated the ordinance is the
regulatory ordinance for the issuance of cable television franchises in the City of Delray
Beach and essentially establishes minimum standards pursuant to which any franchise
would be granted. She stated based on some comments received recently, some minor
revisions have been made.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 10-05,
the public hearing was closed.
Mr. Costin moved to adopt Ordinance No. 10-05 on Second and FINAL
Reading, 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.
10.B. FRANCHISE AGREEMENT/ADELPHIA COMMUNICATIONS
CORP.:
Consider approval of a Franchise Agreement with Adelphia Communications
Corp. which will renew the City’s cable franchise with Adelphia for a ten (10) year
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period. Prior to consideration of passage of this item, a public hearing has been
scheduled to be held at this time.
The City Attorney stated this is the franchise agreement and resolution
that authorizes the signing of the franchise agreement.
Ila Feld, Attorney with Leibowitz & Associates, briefly discussed the
significant terms of the franchise agreement.
Mayor Perlman declared the public hearing open.
Michael Ligouri, General Manager for Adelphia, 6109 Branchwood
Drive, Lake Worth, encouraged the Commission to pass the cable franchise agreement
and looks forward to continuing to provide new products and services and being a
contributing member of the community.
There being no one from the public who wished to address the
Commission regarding the franchise agreement, the public hearing was closed.
Mr. Costin moved to approve the Franchise Agreement with Adelphia
Communications Corporation, seconded by Mrs. Archer. Upon roll call the Commission
voted as follows: Mrs. Archer – No; Mr. Levinson – No; Ms. McCarthy – Yes; Mayor
Perlman – Yes; Mr. Costin – Yes. Said motion passed with a 3 to 2 vote, Commissioner
Archer and Commissioner Levinson dissenting.
Mrs. Archer moved to approve Resolution No. 10-05, 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.C. ORDINANCE NO. 5-05:
City initiated amendment to Land
Development Regulations (LDR) Section 6.3.3, “Sidewalk Café”, to strengthen
requirements to mitigate issues and concerns identified in the Clean and Safe Committee
studies of the downtown area. Prior to consideration of passage of Ordinance No. 5-05
on Second and FINAL Reading, a public hearing has been scheduled to be held at this
time.
The caption of Ordinance No. 5-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING SECTION 6.3.3, “SIDEWALK CAFÉ”, OF
THE LAND DEVELOPMENT REGULATIONS, TO
PROVIDE FOR A PERMIT WITH AN APPLICATION
FEE AND A FEE PER SQUARE FOOTAGE OF
SIDEWALK CAFÉ SPACE, RENEWALS,
APPLICABLILITY, REQUIRED INFORMATION,
PROCESSING, GEOGRAPHIC LIMITATION,
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REGULATIONS REGARDING USE, DESIGN AND
MAINTENANCE, LIABILITY AND INSURANCE;
PENALTIES; DENIAL, REVOCATION AND
SUSPENSION OF PERMIT, JURISDICTION OF CODE
ENFORCEMENT BOARD, AND APPEALS,
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 5-05 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.
Lula Butler, Director of Community Improvement, stated with this
ordinance staff is amending Section 6.3.3 of the LDR’s. At its meeting of January 24,
2005, the Planning and Zoning Board held a public hearing regarding this item and
recommended approval.
Mrs. Butler reviewed the following proposed changes: (1) a change in the
fees going from $50.00 a year to $3.00 per square foot depending on the size of the
sidewalk café for each business, (2) have a five foot pedestrian path that will be parallel
to the street and that there will not be tables except in places where they do not have any
other choice directly abutting the on-street parking; provides for a “No Table Zone” at
intersections and provides for better safety of the sidewalk café tables, (3) provides for
menu boards and signs to be within the boundaries of the sidewalk cafés, (4) merchants
are responsible to pressure clean the sidewalk surface at least once a week, (5) provides
for fines and ratification of the permit where the permittee will receive three warnings in
which fines will be assessed and after the third violation notice, the sidewalk café permit
will be terminated and cannot be renewed for six months.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 5-05,
the public hearing was closed.
Prior to the vote, Mayor Perlman commended the staff for the hard work
they did on this ordinance and also reiterated that staff reviews these fees on a regular
basis.
Mr. Costin inquired about the cooperation. Mrs. Butler stated staff has
been working with each of the businesses to help them understand how this ordinance is
going to affect them and noted most operators are very amenable to it.
Mr. Levinson commended Darcy Tyson, Code Enforcement Officer, for
having a great working relationship with the merchants.
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03/01/05
Mrs. Archer moved to adopt Ordinance No. 5-05 on Second and FINAL
Reading, 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.D. ORDINANCE NO. 6-05 (FIRST READING/FIRST PUBLIC
HEARING):
City initiated amendment to Land Development Regulations (LDR) 4.4.5
“Low Density Residential (RL) District”, enacting performance standards and providing
for recreational areas for multi-family developments to mitigate the impacts of additional
density from a base density of three (3) units per acre to a maximum of six (6) units per
acre and changing review of site plans from the Planning and Zoning Board to the Site
Plan Review and Appearance Board or the Historic Preservation Board. If passed, a
second public hearing will be scheduled for March 15, 2005. Prior to consideration of
passage of Ordinance No. 6-05 on First Reading/First Public Hearing, a public hearing
has been scheduled to be held at this time.
The caption of Ordinance No. 6-05 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 4.4.5, “LOW DENSITY
RESIDENTIAL (RL) DISTRICT”, SUBSECTION
4.4.5(A), "PURPOSE AND INTENT", TO CLARIFY
THE APPLICABLE COMPREHENSIVE PLAN
SECTION; AMENDING SUBSECTION 4.4.5(H),
“SPECIAL REGULATIONS”, PROVIDING A
MEANS TO INCREASE DENSITY IN THE RL
DISTRICT AND TO PROVIDE FOR
RECREATIONAL AREAS FOR MULTI-FAMILY
DEVELOPMENTS; ENACTING SUBSECTION
4.4.5(I), “PERFORMANCE STANDARDS”, TO
MITIGATE THE IMPACTS OF ADDITIONAL
DENSITY BOTH INTERNAL AND EXTERNAL TO
THE SITE; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 6-05 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.
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03/01/05
Paul Dorling, Director of Planning and Zoning, stated the current
development standards for the RL (Low Density Residential) zoning district provide for a
range in densities from a minimum of three (3) units per acre to a maximum of six (6)
units per acre. To exceed the base density for duplex and multiple family housing
projects, a determination by the Local Planning Agency (Planning and Zoning Board)
that the resulting development is harmonious with adjacent properties and does not
adversely affect areas of environmental significance or sensitivity is currently required.
The proposed amendment would create a set of 7 performance standards that must be met
in order to increase density beyond the minimum, which is intended to lessen the impact
of the additional density. Positive findings have been made with respect to LDR Section
2.4.5(M)(5), as the proposed text amendment will further the Goals, Objectives, and
Policies of the Comprehensive Plan.
At its meeting of January 24, 2005, the Planning and Zoning Board held a
public hearing regarding this item and recommended approval of the proposed text
amendment. At its meeting of January 27, 2005, the Community Redevelopment Agency
(CRA) recommended approval of the proposed text amendment and at its meeting of
February 2, 2005, the Historic Preservation Board (HPB) recommended approval of the
proposed text amendment.
Mayor Perlman declared the public hearing open. There being no one from
the public who wished to address the Commission regarding Ordinance No. 6-05, the
public hearing was closed.
Mr. Costin moved to approve Ordinance No. 6-05 on First Reading/First
Public Hearing, 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.
10.E. ORDINANCE NO. 11-05 (FIRST READING/FIRST PUBLIC
HEARING):
City initiated amendment to Land Development Regulations Section
2.4.4(E), “Expiration of Approvals”, to provide for a longer expiration period for
Conditional Uses, Site Plans, Landscaping Plans, Architectural Plans, and Preliminary
Subdivision Plats. If passed, a second public hearing will be scheduled for March 15,
2005. Prior to consideration of passage of Ordinance No. 11-05 on First Reading/First
Public Hearing a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 11-05 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
OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 2.4.4(E), “EXPIRATION OF
APPROVALS”, SUBSECTION 2.4.4(E)(2),
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“CONDITIONAL USES, SITE PLANS,
LANDSCAPING PLANS, ARCHITECTURAL
PLANS, PRELIMINARY SUBDIVISION PLATS”, TO
PROVIDE FOR A LONGER EXPIRATION PERIOD,
PROVIDING FOR APPLICABILITY; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 11-05 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 pursuant to LDR
Section 2.4.4(E)(2), approvals for conditional uses, site plans, landscaping plans,
architectural plans and preliminary subdivision plats have been limited to an eighteen
(18) month duration unless a different period is specifically stated in conditions of
approval. Due to many economic, permitting, and construction factors, it has become
more difficult to establish a project during the eighteen (18) month period. The proposal
is to amend the current regulation to lengthen the time frame to establish a project for an
additional six (6) months, from eighteen (18) months to twenty-four (24) months.
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.
At its meeting of February 28, 2005, the Planning and Zoning Board
considered the proposed text amendment and recommended approval.
Mayor Perlman declared the public hearing open.
Bob Sparvero, 200 MacFarlane Drive, Delray Beach, representing the
Beach Property Owners’ Association (BPOA), expressed concern over the automatic
retroactivity and feels it compromises the ability to implement the new design guidelines
for the CBD (Central Business District) in some instances. He stated since this is going
to be the major project that residents will see on Atlantic Avenue east of the Intracoastal,
it is important to the residents that this project be built in the best way possible. The new
design guidelines are a major public policy effort to improve the building in the CBD to
make it more consistent with the character of the neighborhood in which it is being built.
He stated if someone has a hardship of their own doing he does not agree that they should
receive an extension. Mr. Sparvero urged the Commission to delete the retroactivity
provision from the ordinance.
There being no one from the public who wished to address the
Commission regarding Ordinance No. 11-05, the public hearing was closed.
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03/01/05
Prior to the vote, Mr. Costin asked if there is an approval in place. Mr.
Dorling stated the applicant has a current approval for the project.
Mrs. Archer asked if there are any other projects that will be affected. Mr.
Dorling stated there are other projects that may be affected and stated the design
guidelines were approved in June. Therefore projects that were approved ten months
prior and forward would be coming up for approval for extension if they have not been
established yet.
Brief discussion between the Commission and staff followed regarding
Worthing Place.
Mrs. Archer moved to approve Ordinance No. 11-05 on First
Reading/First Public Hearing, 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.
10.F. ORDINANCE NO. 9-05:
An ordinance amending Section 36.05 of the
City Code, “Bidding Procedures”, clarifying the use of Construction Management at Risk
Contracts; amending Section 36.11 “Definitions”, to provide that the City may use a
Construction Manager at Risk Contract on construction projects. Prior to consideration of
passage of Ordinance No. 9-05 on Second and FINAL Reading, a public hearing has been
scheduled to be held at this time.
The caption of Ordinance No. 9-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING SECTION 36.05 OF THE CITY CODE,
“BIDDING PROCEDURES”, CLARIFYING THE USE
OF CONSTRUCTION MANAGEMENT AT RISK
CONTRACTS; AMENDING SECTION 36.11
“DEFINITIONS”, PROVIDING FOR THE DEFINITION
OF CONSTRUCTION MANAGEMENT AT RISK
CONTRACTS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 9-05 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.
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03/01/05
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 9-05,
the public hearing was closed.
Mr. Costin moved to adopt Ordinance No. 9-05 on Second and FINAL
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.
Item 11, Comments and
At this point, the Commission moved to
Inquiries on Non-Agenda Items from the City Manager and the Public.
11.A.City Manager’s response to prior public comments and inquiries.
With regard to a prior concern expressed by Mr. Franciosa about the
maintenance, landscaping, and irrigation of the Caring Kitchen, the City Manager stated
when he initially made the inquiry with the Parks and Recreation Department, the lease
the City had with the American Legion stated they were responsible for landscaping and
irrigation. The City Manager stated the new agreement that was adopted in October
provides that the City is responsible for the irrigation. He stated Juanita Bryant of the
Caring Kitchen has indicated that if the City repairs the irrigation (which has now been
done), the Caring Kitchen would take care of maintaining the landscaping. The City
thth
Manager stated the irrigation was repaired on February 14/15 and the new landscaping
can be installed and will be maintained.
11.B.From the Public.
11.B.1.Patrick Glover, speaking on behalf of the Carver Estates Youth
Program and concerned citizens of Delray Beach,
stated there are some serious issues
in Delray Beach that need to be addressed, solved, and handled as soon as possible. He
stated innocent citizens (African American youths in particular) are being killed in the
hands of law enforcement that are put here to serve and protect. He urged the
Commission to re-evaluate the procedures of the Delray Beach Police Department from
top to bottom. Mr. Glover stated this is the third murder (Jerrod Miller) in six months
(two African Americans and 1 Caucasian). He stated the homes in Carver Square have
been neglected for over 15 years and commented that the lights along Atlantic Avenue
th
from S.W. 5 Avenue west are off. He expressed concern that people are being treated
like they are isolated and segregated.
th
11.B.2.Cynthia Ridley, 137 S.W. 12 Avenue, Delray Beach,
stated she has
lived in Delray Beach for thirty years and has helped this community grow. She
expressed sadness over the shooting and stated this used to be a community where
everyone could sleep. However, Ms. Ridley feels this is no longer happening in the City
of Delray Beach and she expressed concern over the safety of the children.
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03/01/05
th
11.B.3.Ben Bryant, 203 S.W. 14 Avenue, Delray Beach,
part of MAD DADS
of Greater Delray Beach and MAD DADS of Greater Boynton Beach, stated not all
Police Officers are bad; however, he feels this is an incident that is becoming all too
familiar among African American youths. Mr. Bryant stated when the Police Department
is called when there is trouble, the African American community expects to be treated the
same as anyone else would be treated in the community. He urged the Commission to
meet and speak with the community regarding this issue.
11.B.4.Al Williams, 734 E. Chatelaine Boulevard, Delray Beach,
stated he has
spent most of his life in the Southwest community in Delray and has seen Delray Beach
go from a small town to a much larger one. He stated over the years he has seen the
Police Department go through several changes going from not being warm to the African
American community to somewhat of a working relationship. However, Mr. Williams
stated he is now starting to see some regression not only in the Police Department but in
the entire City of Delray Beach. He stated the culture of the City appears to disregard the
needs of the African American community. Mr. Williams urged the City to re-evaluate
where we stand and work towards true positive change for all the residents of Delray
Beach.
11.B.5.Willie Potts, Jr., 634 Angler Drive, Delray Beach,
suggested that there
be a Citizen Advisory Board to “police” the Police. He stated things need to be changed
in the Police Department by starting at the top.
th
11.B.6.Kareem Thompson, 1599 S.W. 8 Avenue, Bldg. #1 – Apt. #102-B,
Delray Beach,
stated he has worked in the community for the past ten years to make sure
the youth are taken care of and are proud of the City where they live, in particular the
Choir/Youth that held the All American City by singing and praising the City of Delray
Beach. Mr. Thompson invited everyone to the National Association for the
Advancement of Colored People (NAACP) South County Branch meeting being held on
Saturday, March 5, 2005 at Pompey Park Recreation Center at 9:00 a.m. to address the
concerns of the community regarding the shooting.
th
11.B.7.Samantha Daceus, 623 S.W. 6 Avenue, Delray Beach,
stated with
regard to the shooting she would like an explanation as to how the Police Officer was in
danger.
Item
At this point, the time being 8:03 p.m. the Commission moved to
9.B. of the Regular Agenda.
9.B. WAIVER REQUEST/3725 LONE PINE ROAD:
Consider a waiver
request to waive Land Development Regulations (LDR) Section 6.1.4(C)(2), “Maximum
(Quasi-
Width”, to allow an increase in driveway width at 3725 Lone Pine Road.
Judicial Hearing)
Mr. Costin declared a conflict of interest and stepped down from the dais.
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03/01/05
Mayor Perlman read into the record the procedures for a Quasi-Judicial
Hearing for this item.
Chevelle D. Nubin, 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 project file #2005-130 into the record.
Mr. Dorling stated the subject property is located on the north side of
Lone Pine Road approximately 1,100 feet west of Davis Road and is zoned RR (Rural
Residential). The LDR’s currently require a maximum driveway width of 24 feet and the
applicant is requesting a waiver.
The City Engineer and Development Services Management Group
(DSMG) reviewed and supported the request. Therefore, staff recommends approval
based upon the positive findings of Section 2.4.7(B)(5) of the LDR’s.
Mr. Levinson moved to approve the request of waiver to LDR Section
6.1.4(C)(2) to increase the driveway width (maximum of 46 feet) for 3725 Lone Pine
Road, 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 Mrs. Archer. Upon roll call the
Commission voted as follows: Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor
Perlman – Yes; Mrs. Archer – Yes. Said motion passed with a 4 to 0 vote.
9.C. REQUEST TO LEASE PARKING SPACES/CAFFE LUNA ROSA:
Consider a request from Caffe Luna Rosa to lease forty (40) parking spaces at a rate of
$30.00 per space per month in the Gleason, Sandoway and Ingraham Parking Lots; and
authorize staff to draft an agreement and create dashboard passes. Caffe Luna Rosa is
located at 34 South Ocean Boulevard.
Scott Aronson, Parking Management Specialist, stated this item is before
the Commission as an approval in “concept” and if approved, the license agreement will
be brought back to the Commission on March 15, 2005. He stated Caffe Luna Rosa
located at 34 South Ocean Boulevard has held a Parking License Agreement with the
City to operate a four (4) space valet queue on the south side of Atlantic Avenue just west
of Ocean Boulevard (SR A1A) since 1999. The queue’s operating hours are 11:00 a.m.
through 2:00 a.m. seven days per week. Mr. Aronson stated the applicant previously had
approximately 35 spaces he leased from the Old Spanish River Resort. When the
Residence Inn was developed, the applicant lost those 35 parking spaces. Mr. Aronson
stated having daytime hours, there are very few businesses in the area that they can lease
spaces from as the other valets do because most of the businesses need their own parking.
The owner of Caffe Luna Rosa has requested to lease 40 spaces at the City’s Sandoway
and Ingraham lots as well as the Gleason Street Lot which the City leases from the First
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03/01/05
Presbyterian Church. Mr. Aronson stated there is a far greater utilization of this 38 space
lot by the public and if approval is granted the spaces available for the valet in this lot
should not exceed 25% of the total spaces or 9 spaces. The Sandoway Lot would be used
to accommodate the balance, up to 22 spaces, leased to the Restaurant.
Mr. Aronson stated one of the proposals to the request is that none of the
spaces will be reserved. Staff recommends charging $30.00 per space per month. Spaces
in all of the lots are not to be coned off or reserved in any other fashion.
He stated Bob Victorin, the new President of the Beach Property Owners
Association, appeared before the Parking Management Advisory Board (PMAB) in
support of the request with the condition that the closing time of the lot would not be
extended past the current 8:00 p.m. and that no cars arriving at the queue will be parked
in Sandoway or Ingraham Lot after 5:00 p.m. The PMAB also requested that Mr.
Marincola use the lease premises that he has on Andrews Avenue first (Gleason Lot) and
then the Sandoway or Ingraham Lot.
Mr. Costin asked if these provisions are amenable to Mr. Marincola. Mr.
Aronson stated these conditions have been discussed with Mr. Marincola and he agrees to
these conditions.
At its meeting of February 17, 2005, the Development Services
Management Group (DSMG) supported the request contingent upon the support of the
BPOA. At its meeting of February 22, 2005, the Parking Management Advisory Board
(PMAB) discussed the request and recommended approval on the conditions outlined in
the staff report.
Mr. Costin moved to approve the request from Caffe Luna Rosa to lease
forty (40) spaces at a rate of $30.00 per space per month limited to a maximum of 9
spaces in the Gleason Street and Ingraham Lots with the remaining 22 spaces in the
Sandoway Lot and direct staff to draft the agreement and create the dashboard passes to
be presented for approval at the City Commission meeting of March 15, 2005, seconded
by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy –
Yes; Mayor Perlman – Yes; Mr. Costin – Yes; Mrs. Archer – Yes; Mr. Levinson – Yes.
Said motion passed with a 5 to 0 vote.
9.D. AGREEMENT/R&S INTEGRATED PRODUCTS AND SERVICES,
INC.:
Consider approval of an agreement with R&S Integrated Products and Services,
Inc. in the amount of $22,995.00 for the EasyAgenda Software including support and
upgrades. Funding is available from 001-1411-512-66.10 (General Fund/Software) and
001-1411-512-46.90 (General Fund/Other Repair/Maintenance Costs).
The City Manager briefly discussed the EasyAgenda software package
for the paperless Agenda. He stated the Commission will be able to move an Item from
the Consent Agenda to the Regular Agenda if they choose to do so. The EasyAgenda
publishes a smart PDF which produces the Agenda itself similar to a Table of Contents
and the Agenda backup. The format will allow a user to move directly from item to item
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03/01/05
or the items on the Regular Agenda or Public Hearing items at any time during the
meeting. In addition, the Commission will be able to make notes on the Agenda items
during review over the weekend or during the meeting. The Commission will only need
to be trained regarding the use of Adobe and opening and maneuvering through the
Agenda package. Staff does not plan to use the voting results or minutes modules; these
options are free for the City if we choose to use them later. Staff does not feel these
options are currently necessary due to the fact that we do Agenda results and the
Commission approved the digital recording system on January 18, 2005.
Mr. Costin moved to approve the agreement with R&S Integrated
Products and Services, Inc. for the EasyAgenda Software in the amount of $22,995.00,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor
Perlman – Yes; Mr. Costin – Yes; Mrs. Archer – Yes; Mr. Levinson – Yes; Ms.
McCarthy – Yes. Said motion passed with a 5 to 0 vote.
9.E. PURCHASE AWARD/PROSYS INFORMATION SYSTEMS:
Consider approval of a purchase award to ProSys Information Systems in the amount of
$487,977.00 via Florida State Contract #250-000-03-1 for the purchase of 133 Panasonic
CF-29 replacement laptops. Funding is available from 334-6112-521-64.11 (General
Construction Fund/Computer Equipment).
Joseph L. Schroeder, Police Chief, recommends the purchase of the
harden laptops because they more beneficial and durable for the Police Department.
Mr. Levinson stated since these laptops will all be purchased at the same
time they will all expire at the same time. He suggested that staff start a sinking fund for
these laptops.
Mr. Costin asked if there is a maintenance agreement with the
manufacturer. Major McCollum stated at this point staff is only taking about the
hardware so there are no licensing fees but there is a warranty fee with each unit.
Mr. Costin moved to approve the purchase award to ProSys Information
Systems for the purchase of 133 Panasonic CF-29 replacement laptops, 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.
9.F. AMENDED AND RESTATED AGREEMENT/DELRAY
MERCHANT’S ASSOCIATION/SOUL OF DELRAY:
Consider approval of the
amended and restated agreement between the City and the Delray Merchant’s
Association for the repayment of funds owed to the City for the 2002 Celebrate the Soul
of Delray Event.
Mayor Perlman passed the gavel to Vice Mayor McCarthy and left the
dais.
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03/01/05
Robert A. Barcinski, Assistant City Manager, stated this item was
discussed and agreed to at the City Commission Workshop meeting of February 8, 2005
regarding the repayment of funds to the City of Delray Beach for the Soul of Delray
event from 2002. He stated this would change the payment date for the 2004 event to
May 21, 2005 and the 2005 event to May 21, 2006. Mr. Barcinski stated Mr. Wideman
has requested that staff change the date from May 21, 2005 to June 21, 2005 and May 21,
2006 to June 21, 2006.
Mr. Costin moved to approve the amended and restated Agreement
between the City of Delray Beach and the Delray Merchant’s Association (DMA) with
the change in date from May 21, 2005 to June 21, 2005 and May 21, 2006 to June 21,
2006 for the repayment of funds, seconded by Mr. Levinson. Upon roll call the
Commission voted as follows: Mrs. Archer – Yes; Mr. Levinson – Yes; Vice Mayor
McCarthy – Yes; Mr. Costin – Yes. Said motion passed with a 4 to 0 vote.
9.G. CULTURAL LOOP COMMUNITY CHAIR PROJECT:
Consider
approval of the Cultural Loop Community Chair Project and installation of the chairs on
City owned property.
Robert A. Barcinski, Assistant City Manager, stated staff is seeking
Commission approval for the Community Chair Project and installation of the chairs on
City owned property. On behalf of the West Atlantic Redevelopment Coalition (WARC),
Rosalind Murray is requesting approval to place some of the chairs on the grass area
south of the City Attorney’s office, on the southeast corner of Fire Station Headquarters
and in Worthing Park and St. Paul’s Episcopal Church. Mr. Barcinski stated staff is still
in the process of designing a system to anchor the chairs so that they cannot be stolen but
can still be removed when needed.
Mr. Levinson stated he feels that Worthing Park may be problematic
because of the Green Market and because of the future construction of Worthing Place.
He suggested the chairs be permanently tied down so that the chairs do not have to be
removed every Saturday.
Mrs. Archer moved to approve the Cultural Loop Community Chair
Project with staff’s recommendations, seconded by Mr. Levinson. Upon roll call the
Commission voted as follows: Mr. Levinson – Yes; Vice Mayor McCarthy – Yes; Mr.
Costin – Yes; Mrs. Archer – Yes. Said motion passed with a 4 to 0 vote.
At this point, Mayor Perlman returned to the dais.
9.H. ALTERNATE SITE/CITY STORAGE FACILITY:
Environmental
Services staff will present an alternate site for the City’s storage facility.
Richard Hasko, Director of Environmental Services, distributed a
handout to the Commission and gave a brief presentation regarding an alternate site for
the City’s storage facility. He stated there are other issues besides replacing the site at
Lake Ida that will have to be addressed and noted the Water & Sewer Fund would bear
this cost and not the General Fund.
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03/01/05
The City Manager stated Boca Raton is not meeting the timelines in the
agreement for the Fire Training facility and therefore one-half million dollars is available.
The City Manager stated that Chief Koen suggested that the money be used to purchase
the train depot site for storage needs and training needs. The City Manager stated with
the one million from the Lake Ida site and the half-million committed to give to Boca for
participating in their site, the City would have the money to purchase the train depot.
Mr. Levinson asked how this will affect the budget for providing the
training classes for just the City of Delray Beach.
Brief discussion between staff and the Commission followed.
The City Manager stated he will get more information on this.
The Commission concurs that this is great and directed staff to do some
site planning.
9.I. APPOINTMENT TO THE BOARD OF ADJUSTMENT:
Appoint
one (1) regular member to the Board of Adjustment for an unexpired term ending August
31, 2005. Based upon the rotation system, the appointment will be made by
Commissioner Costin (Seat #1).
Mr. Costin moved to appoint Lisa Shaheen to the Board of Adjustment
(BOA) as a regular member for an unexpired term ending August 31, 2005, seconded by
Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy – Yes;
Mayor Perlman – Yes; Mr. Costin – Yes; Mrs. Archer – Yes; Mr. Levinson – Yes. Said
motion passed with a 5 to 0 vote.
9.J. APPOINTMENT TO THE CODE ENFORCEMENT BOARD:
Appoint one (1) alternate member to the Code Enforcement Board for an unexpired term
ending January 14, 2007. Based upon the rotation system, the appointment will be made
by Commissioner Levinson (Seat #3).
Mr. Levinson moved to appoint Samuel Resnick to the Code Enforcement
Board as an alternate member for an unexpired term ending January 14, 2007, seconded
by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman – Yes;
Mr. Costin – Yes; Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes. Said
motion passed with a 5 to 0 vote.
9.K. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT
AUTHORITY:
Appoint one (1) regular member to the Downtown Development
Authority for an unexpired term ending July 1, 2005. Based upon the rotation system, the
appointment will be made by Mayor Perlman (Seat #5).
Mayor Perlman stated he wished to appoint David Beale as a regular
member to the Downtown Development Authority (DDA). Mr. Costin so moved,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Costin
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03/01/05
– Yes; Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman –
Yes. Said motion passed with a 5 to 0 vote.
9.L. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY
COUNCIL:
Appoint one (1) At Large Representative to the Neighborhood Advisory
Council for an unexpired term ending October 31, 2007. Based upon the rotation system,
the appointment will be made by Commissioner McCarthy (Seat #4).
Ms. McCarthy moved to appoint Marilyn Kennedy as an at-large
representative to the Neighborhood Advisory Council for an unexpired term ending
October 31, 2007, seconded by Mr. Costin. Upon roll call the Commission voted as
follows: Mrs. Archer – Yes; Mr. Levinson – No; Ms. McCarthy – Yes; Mayor Perlman –
Yes; Mr. Costin – Yes. Said motion passed with a 4 to 1 vote.
9.M. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD:
Appoint two (2) alternate members to the Nuisance Abatement Board for unexpired terms
ending March 31, 2005. Based upon the rotation system, the appointments will be made
by Commissioner Archer (Seat #2) and Commissioner Levinson (Seat #3).
Mrs. Archer moved to appoint Kenneth Kaltman as an alternate member to
the Nuisance Abatement Board for an unexpired term ending March 31, 2005, 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 Philip Friedman as an alternate member to
the Nuisance Abatement Board for an unexpired term ending March 31, 2005, 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.
9.N. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY
BOARD:
Appoint one (1) regular member to the Parking Management Advisory Board
to represent the Atlantic Avenue and State Road A1A corridors lying east of the
Intracoastal Waterway for a term ending January 31, 2006. Based upon the rotation
system, the appointment will be made by Commissioner Archer (Seat #2).
Mrs. Archer moved to reappoint Jorge Ramos as a regular member to the
Parking Management Advisory Board for a term ending January 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.
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03/01/05
13.COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A.City Manager
The City Manager asked the Commission how they would like him to
address the comments and concerns expressed by the public this evening. He stated this
is a very difficult and tragic situation; however, he has complete confidence in the Police
Chief and feels he is handling it the best way he can.
The City Manager stated with regard to the shooting, there is currently a
criminal investigation going on to determine whether the actions of the officer were
criminal in nature and whether he should be charged criminally. Once this is finished,
the City starts its process to determine whether they violated City rules, departmental
policies, etc. and whether they should be disciplined by the City even though they may
have not been found criminally liable. The Florida Department of Law Enforcement
(FDLE) does the investigating and will turn the results over to the State Attorney’s office
and the State Attorney’s office can either take it to a grand jury, file charges themselves,
or they can decide that charges are not warranted.
13.B.City Attorney
The City Attorney had no comments or inquiries on non-agenda items.
13.C.City Commission
13.C.1.Mrs. Archer
Mrs. Archer echoed comments expressed by the City Manager and stated
the hands of the Police Chief are tied as to whether he can say or do anything at this
point. She expressed concern that because of that there is no real release of information
and there is a lot of speculation going on. She expressed concern that the City cannot get
out the appropriate information and would like to see if there is anything that can be done
to see that the appropriate information is getting out and that members of the community
feel they are being heard.
13.C.2.Mr. Costin
Mr. Costin stated this is a most unfortunate event and he leaves this to the
Mayor to continue the good work he has been doing in trying to reach out to the
community and calm the waters.
13.C.3.Ms. McCarthy
Ms. McCarthy stated there was a funeral for Mr. William Young last
Saturday at St. Paul AME and he was very instrumental in facilitating situations for the
City of Delray Beach.
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03/01/05
She stated this has been a very intense 72 hours and there is a process that
has to be followed and adhered to. She encouraged keeping some of the valid
information throughout the community and through the Neighborhood Association
Presidents and the organizations that they have. Ms. McCarthy stated she applauds those
people who are putting in the time to make certain that the contacts through the City have
been able to get that information.
13.CA.
Mr. Levinson
Mr. Levinson reiterated comments expressed by the rest of the
Commission and stated any time there is loss of life in a community it is tragic
particularly those who die in an unnatural time. He stated not only does the City have the
responsibility to gather the appropriate facts and urge the Florida Department of Law
Enforcement (FDLE) and the State Attorney to work as quickly as possible to get a full
story but at the same time he hopes the community will not jump to conclusions without
knowing all the facts. He hopes to work with the community to urge them to allow all
the facts to be gathered so that resolutions, suggestions, and a course of action can be
plotted which addresses the specific information.
Secondly, Mr. Levinson stated there is a Federal Credit Union on West
Atlantic Avenue in Mr. Wideman's building and suggested that something be placed in
the CDBG Target Area to provide people information regarding eligibility.
He extended kudos to the Fire Department for raising $12,000 at a charity
auction last Thursday benefiting the American Cancer Society. He stated the Fire
Department and City employees continually volunteer and do great things for other
organizations as well.
Lastly, Mr. Levinson stated he will not be able to attend the meeting on
Saturday; however, he hopes the appropriate City staff will attend the meeting so that this
process can be explained and possible timeframes can be laid out.
13.C.5.
Mavor Perlman
Mayor Perlman stated he will be in Washington tomorrow with Bob Hagel
and will be available on his cell phone for those that need to contact him.
Secondly, he stated he will be meeting with the U.S. Conference of
Mayors to discuss what the latest is regarding the CDBG issues.
He stated the Fair Housing Center of the Palm Beaches expressed a desire
to have their annual meeting during Fair Housing Month in Delray Beach. Mayor
Perlman stated he suggested that they look into holding the meeting at the Golf Course
and inquire about a non-profit rate. He suggested that someone can help Brahm Dubin
negotiate a cost per plate.
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03/01/05
With regard to the shooting, Mayor Perlman stated he and Chief Schroeder
will be attending the meeting on Saturday at 9:00 a.m. which was organized jointly with
the NAACP. Mayor Perlman stated while he is pleased to attend the meeting on
Saturday, he feels when people meet in large groups it tends to diminish the effectiveness
of the communication because it tends to become too emotional very quickly and then the
meeting does not become very productive. Mayor Perlman stated Chief Schroeder and
the Major will make themselves available to meet with small groups individually in
people's homes if this is what it takes.
He expressed concern over people questioning the sincerity of the City
Administration and Leadership in the context of the R.A.C.E. Relations initiative and
redevelopment of the Southwest or West Atlantic Avenue. Mayor Perlman stated there is
a two-way communication that needs to happen and people need to connect as human
beings. Mayor Perlman expressed concern that with some people no matter how much
information is provided it is not going to change their perspective. He stated as painful as
these things are there are opportunities even in the biggest tragedies and the opportunity
here is for dialogue, one-on-one connection and communication. Mayor Perlman stated
something positive can come out of even the worst tragedies where you can still find
some life lesson and a way to move forward and unify people.
There being no further business, Mayor Perlman declared the meeting
adjourned at 9:05 p.m.
r
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City Clerk
ATTEST:
8æo~ ~
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on March 1, 2005, which Minutes were formally approved and adopted by the City
Commission on March 15, 2005
,..-
~~~.~
City Clerk
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03/01/05
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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03/01/05
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
a OTIiER lOCAl.. AGENCY
.sT ~-FIRST NAME-MlOOLE NAME
--"C~· //;...J ftD B£ ~ r i:>¡1I/o L
MAIlING ADDRESS
3~2. /IT-&. s.5 A"E,
CITY COUNTY
-::1>EL~ný /3&.4V/ ? 13-
DATE ON WHIai VOTE
I 0
~~
a APPOINTIVE
WHO MUST FILE FORM 88
This form Is for use by any person 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 members of advisory and non-advisory bodies who are presented with a voting
conflict of Interest under Section 112.3143, Florida 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 reason, please pay close attention to the instructions on this fonn before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, 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 mea-
ure 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. Commissioners of community redevelopment agencies under Sec. 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 of this law, a -relative- Includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
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 property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
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ELECTED OFFICERS:
In addition to abstaining from voting In the situations desaibed 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 shoutd Incorporate the fonn in the minutes.
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APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
,--must disclose the nature of the conflict before making any attempt to Influence the decision, whether orally or in writing and whether made
IY you or at your direction.
F 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 person responsible for recording the
minutes of the meeting, who will Incorporate the fonn in the minutes. (Continued on other side)
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œ FORM 8B - EFF. 112000
PAGE 1
APPOINTED OFFICERS (continued)
· A copy d the form must be provided Immediately to the other members of the agency.
· The form must be read publicly at the next meeting after the fonn Is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You must disclose orally the nature of your conflict in the measure before participating.
· You must complete the fann and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting. who must Incorporate thè fonn In the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the fonn must be read publicly ~~ the next meeting after the form Is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I.
ß ð B £.K T ? . ¿;'f 7/ ~ ,hereby disclose that on
þ7 /1 /? c..~ I
,.
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(a) A measure came or will come before my agency which (check one)
inuf8d to my special private gain or loss;
ifu'ed 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 special gain or loss of
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting Interest In the measure Is as follows:
. ~
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,by
,which
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9'- 13
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Date Filed
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Signature
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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 PENAL TV NOT TO EXCEED $10,000.
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ce FORM 8B - EFF. 1/2000
PAGE 2