04-05-05 Minutes
APRIL 5. 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, AprilS, 2005.
1:
Roll call showed:
Present - Commissioner Patricia Archer
Commissioner Rita Ellis
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
Brian Shutt, Assistant City Attorney
Terrill Barton, Assistant City Attorney
Chevelle D. Nubin, City Clerk
At this point, Mayor Perlman stated he would like to observe a moment of
silence in memory of Pope Jolm Paul II who passed away over the weekend and Edith
Costello (resident of Delray Beach and mother of Assistant Planning Director Jeff
Costello) who also passed away on Saturday.
2.
The opening prayer was delivered by Commissioner Levinson.
3.
given.
The Pledge of Allegiance to the flag of the United States of America was
4.
AGENDA APPROVAL.
Mayor Perlman stated at the request of the applicant, Item 9.A. has been
removed from the Agenda.
Mayor Perlman noted the addition ofItem 8.A.A. (Delrav Beach Librarv
Chanl!e Order No. 42/BSA Corp.). to the Consent Agenda by addendum and Item 9.L.,
Extension of Consultinl! Al!reementlSamuel E. Mathis. Jr.. to the Regular Agenda by
addendum.
Mr. Levinson moved to approve the Agenda as amended, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said
motion passed with a 5 to 0 vote.
04/05/05
5.
APPROVAL OF MINUTES:
Mrs. Archer moved to approve the Minutes of the Regular Meeting of
March 15, 2005, seconded by Mrs. Ellis. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman
- Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
6.A. Davs of Remembrance - Holocaust
Mayor Perlman read a proclamation hereby proclaiming the week of
Sunday, May 1 through Sunday, May 8,2005 as Days of Remembrance in memory of the
victims ofthe Holocaust.
6.B. The Leal!ue of Women Voters 85th Anniversarv
Mayor Perlman read and presented a proclamation hereby congratulating
The League of Women Voters and the members of The League of Women Voters of the
United States and South Palm Beach County on their 85th and 45th Amúversaries. Sally
Robinson and Susan Litchfield came fOIWard to accept the proclamation.
6.C.
Water Conservation Month - April 2005
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Mayor Perlman read and presented a proclamation hereby proclaiming the
month of April 2005 as Water Conservation Month in Delray Beach, Florida. Dan
Beatty, Deputy Director of Public Utilities, came fOIWard to accept the proclamation.
6.D. Parkinson's Disease Awareness Month - April 2005
Mayor Perlman read a proclamation hereby proclaiming April 2005 as
Parkinson's Disease Awareness Month in Delray Beach, Florida and noted the
proclamation will be mailed.
7.
PRESENTATIONS:
7.A. Government Finance Officers Association
Achievement for Excellence in Financial Reportinl!
Certificate of
Mayor Perlman stated The Government Finance Officers Association
(GFOA) is a professional group that recognizes excellence in financial reporting and this
is the 2151 consecutive year the City of Delray Beach has received this award. He read the
press release into the record and congratulated the Finance Department.
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On behalf of Milena L. Walinski, CGFO, Assistant Finance Director and
the Finance Department, Joe Safford, Finance Director, came fOIWard to accept the
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04/05/05
award.
7.B. Delrav Camera Club Awards - "South Florida Visions 2005"
Mayor Perlman presented certificates to the Delray Camera Club for the
Club's exhibit this year called "South Florida Visions 2005."
A representative from the Delray Camera Club presented the winners of
the 10th Annual Camera Club display showcased in City Hall.
First Place
Ted Reich
"Egret"
Second Place
Sarah Kleiman
"Owl"
Third Place
Dave Birkenfeld
"Peacock"
HONORABLE MENTION
Herl Wilkens
"Red Rose"
Stuart Freedman
"Spider Web"
8.
CONSENT AGENDA: City Manager Recommends Approval.
8.A.A. DELRAY BEACH LIBRARY CHANGE ORDER NO. 42/BSA
CORPORATION (ADDENDUM): Approve the Delray Beach Library Change Order
No. 42 between the Delray Beach Library and BSA Corporation in the amount of
$315,018.00 for modifications associated with the Library Project. Funding is available
from 334-3552-571-62.10 (General Construction Fund/Buildings).
8.A. RESOLUTION NO. 19-05/ABANDONMENT OF EASEMENT:
Approve Resolution No. 19-05 for the abandonment of an exclusive 5' wide limited
access easement along the east property line of Lot 2, Delray Ocean Estates North,
located on the west side of Ocean Boulevard, approximately 1,240 feet south of George
Bush Boulevard.
The caption of Resolution No. 19-05 is as follows:
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A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING A 5-FOOT WIDE LIMITED
ACCESS EASEMENT LYING WITHIN LOT 2,
DELRA Y OCEAN ESTATES NORTH, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK
81, PAGE 64 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA AS MORE
P ARTICULARL Y DESCRIBED HEREIN.
(The official copy of Resolution No. 19-05 is on file in the City Clerk's
office.)
8.B. RESOLUTION NO. 20-05: Approve Resolution No. 20-05 assessing
costs for abatement action required for the emergency board-up of an unsafe structure
located at 112 N.W. 8th Avenue.
The caption of Resolution No. 20-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
PURSUANT TO ARTICLE 7.8, "UNSAFE
BUILDINGS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY
BEACH, ASSESSING COSTS FOR ABATEMENT
ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF
DELRA Y BEACH; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH
ACTION; PROVIDING FOR AN EFFECTIVE DATE
AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORD-
ING OF THIS RESOLUTION, AND DECLARING
SAID LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS;
PROVIDING FOR THE MAILING OF NOTICE.
(The official copy of Resolution No. 20-05 is on file in the City Clerk's
office.)
8.C. RESOLUTION NO. 21-05: Approve Resolution No. 21-05 assessing
costs for action necessary to remove junked and/or abandoned vehicles from ten (10)
properties throughout the City.
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04/05/05
The caption of Resolution No. 21-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, PURSUANT TO
CHAPTER 90 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRA Y BEACH, ASSESSING COSTS FOR
ABATING NUISANCES BY REMOVING JUNKED AND/OR
ABANDONED VEHICLES WITHIN THE CITY OF DELRA Y
BEACH; SETTING OUT ACTUAL COSTS INCURRED BY
THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE
DATE AND FOR A DUE DATE AND INTEREST ON
ASSESSMENTS; PROVIDING FOR THE RECORDING OF
THIS RESOLUTION, AND DECLARING SAID LEVY TO BE
A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID
ASSESSMENTS; PROVIDING FOR THE MAILING OF
NOTICE OF LIEN.
office.)
(The official copy of Resolution No. 21-05 is on file in the City Clerk's
8.D. RESOLUTION NO. 22-05: Approve Resolution No. 22-05 assessing
costs for abatement action required to remove nuisances on four (4) properties throughout
the City.
The caption of Resolution No. 22-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
ASSESSING COSTS FOR ABATING NUISANCES
UPON CERTAIN LAND(S) LOCATED WITHIN THE
CITY OF DELRA Y BEACH AND PROVIDING THAT
A NOTICE OF LIEN SHALL ACCOMPANY THE
NOTICE OF ASSESSMENT; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO
ACCOMPLISH SUCH ABATEMENT AND LEVYING
THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE
DATE AND FOR A DUE DATE AND INTEREST ON
ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND
DECLARING SAID LEVY TO BE A LIEN UPON
THE SUBJECT PROPERTY FOR UNPAID
ASSESSMENTS.
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04/05/05
(The official copy of Resolution No. 22-05 is on file in the City Clerk's
office.)
8.E. ACCEPTANCE OF RIGHT-OF-WAY DEEDIFlTZY'S
RESTAURANT: Approve and accept a right-of-way deed associated with Fitzy's
Restaurant, located at 101 S.E. 4th Avenue.
8.F. ACCEPTANCE OF RIGHT-OF-WAY DEED/30 S.E. 1ST AVENUE:
Approve and accept a right-of-way deed associated with 30 S.E. 1 sl Avenue and adjacent
alleys.
8.G. FDOT UTILITY PERMIT & HOLD HARMLESS
AGREEMENT/CORAL TRACE OFFICE PARK: Authorize the City to act as the
utility permit applicant for a water service connection within the state right-of-way,
located on the northwest corner of Atlantic Avenue and Coral Trace Boulevard; and
approve a hold harmless agreement with the developer (Coral Trace Office Park, LLC).
8.H. CHATEAU WOODS HOMEOWNERS' ASSOCIATION TRAFFIC
ENFORCEMENT AGREEMENT: Approve an agreement between the City and the
Chateau Woods Homeowners' Association allowing the Delray Beach Police Department
to enforce local and state traffic laws on its property.
8.1. RESOLUTION NO. 18-05: Approve Resolution No. 18-05 opposing the
Community Redevelopment Agency (CRA) legislation regarding HB 1521 and SB 2060.
The caption of Resolution No. 18-05 is as follows:
A RESOLUTION OF THE CITY OF DELRAY BEACH,
FLORIDA, URGING THE LEGISLATURE TO VOTE
AGAINST HB 1521 AND SB 2060, IN THAT THIS
LEGISLATION WOULD AMEND PART ill, CHAPTER 163,
FLORIDA STATUTES, WITH THE EFFECT OF SEVERELY
REDUCING THE ABILITY OF COMMUNITY
REDEVELOPMENT AGENCIES TO ACCOMPLISH THEIR
STATUTORY REDEVELOPMENT TASKS.
(The official copy of Resolution No. 18-05 is on file in the City Clerk's
office.)
8.J. SPECIAL EVENT REOUEST/ART & JAZZ ON THE AVENUE:
Approve and endorse the Art & Jazz on the Avenue scheduled for May 12, 2005 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. 151 Street, and authorize staff support for security and traffic control, banner hanging
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04/05/05
and removal, barricade set-up/removal, trash removal and clean up.
8.K. SPECIAL EVENT REOUEST/8TH ANNUAL DOWNTOWN
'iiEiRAY CRAFT FESTIVAL: Approve a special event request for the 8th Annual
Downtown Delray Craft Festival sponsored by Howard Alan Events, Ltd. to be held May
28 and May 29, 2005, granting a temporary use permit per LDR Section 2.4.6(H) for use
of City right-of-way on Atlantic Avenue from the west side of Bronson Avenue to the
east side of Seabreeze; and to authorize staff support for security/traffic control, waiver to
allow event signage to be installed one week prior to event with event sponsor paying all
overtime costs; contingent upon receipt of certificate of liability insurance.
8.L. SPECIAL EVENT REOUESTIHOT AIR BALLOON GLOW:
Approve a special event request for the Hot Air Balloon Glow to be held on May 28,
2005, granting a temporary use permit per LDR Section 2.4.6(H) for the closure of North
Ocean Boulevard (A-I-A) on May 28,2005 from Atlantic Avenue to the City parking lot
north of the Marriott from 4:00 a.m. to 10:00 p.m., allow beach parking lots to stay open
until 11 :00 p.m. on May 28th, use of the City parking lot at the Marriott for balloonists,
and staff support for security and traffic control, barricading, and signage preparation/set
up, and trash removal for this event.
8.M. SPECIAL EVENT REOUEST/AVDA 5K WALK: Approve a special
event request to allow the 8th Annual Aid to Victims of Domestic Abuse, Inc. (A VDA)
5K WalklRun to be held on Saturday, October 15, 2005 from 7:30 a.m. until
approximately noon, including temporary use permit per LDR Section 2.4.6(H) for the
use of Anchor Park and City right-of-way along Ocean Boulevard from Casurina to
George Bush Boulevard, waiver of parking meter fees, and staff support for traffic
control, barricading, signage, trash pick up/removal, and set up/use of the small stage;
contingent on the sponsor providing liability insurance and a hold harmless agreement.
8.N. CONSULTING AGREEMENT/JEG ASSOCIATES. INC.: Approve
a Consulting Agreement with JEG Associates, Inc. in the amount of $70,000.00 for
services associated with the implementation of the Southwest Area Neighborhood Plan.
The Community Redevelopment Agency (CRA) will fund $40,000.00 with the remaining
balance of $30,000.00 to be funded from year two of the MacArthur Grant.
8.0. SERVICE AUTHORIZATION NO. 03/SPATIAL FOCUS. INC.:
Approve Service Authorization No. 03 to Spatial Focus, Inc. in the amount of$15,150.00
for the installation of the Map Server, development of quality control procedure, and
assistance with migrating data to new Map Server. Funding is available from 448-5411-
538-31.90 (Storm Water Utility Fund/Other Professional Services).
8.P. CHANGE ORDER NO. 2/FlNAL PAYMENT/ALMAZAN
BROTHERS.INC: Approve Change Order No.2 in the amount of$17,342.97 and final
payment in the amount of $37,043.89 to Almazan Brothers, Inc. for the Alley at Ocean
City Lumber Block 84 Water Main and Drainage and Dixie Highway/S.E. 10th Street
Drainage Improvement Project. Funding is available from 448-5461-538-65.77 (Storm
Water Utility Fund/Old Dixie Highway and 442-5178-536-63.51 (Water/Sewer Renewal
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04/05/05
& Replacement Fund/Sewer Mains).
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-ª&:. CHANGE ORDER NO. I/FlNAL PAYMENT/CONOUEST
ENGlNEERING.INC: Approve Change Order No.1 in the amount of a $1,250.93
decrease, and final payment in the amount of $8,059.60 to Conquest Engineering, Inc. for
the S.E. 7th Avenue Drainage Project. Funding is available from 448-5461-538-65.53
(Storm Water Utility Fund/S.E. 7th Avenue).
8.R. SERVICE AUTHORIZATION NO. P-2: Approve Service
Authorization No. P-2 to CH2M Hill, Inc. in the amount of $58,300.00 for architectural
and engineering services for the Pompey Park Facility Expansion Project. Funding is
available from 380-4150-572-62.61 (2004 G.O. BondfParks & Recreation/Pompey Park
Expansion).
8.S. SERVICE AUTHORIZATION NO. 1.1/CORNELL PARKIROBERT
WALTERS ARCHITECTS. INC.: Approve Service Authorization No. 1.1 to Robert
Walters Architects, Inc. in the amount of $19,800.00 for consulting services for the
development of Cornell Park. Funding is available from 380-4150-572-63.27 (2004 G.O.
Bond/Cornell Park).
8.T. INTERLOCAL AGREEMENTIPALM BEACH COUNTY: Approve
an Interlocal Agreement with Palm Beach County for the engineering and construction
costs for the Florida Inland Navigational District (F.I.N.D.) Park and the Delray Harbor
Club Tum Lane Project.
8.U. HOUSING REHABILITATION GRANT/CONTRACT AWARDS:
Approve Housing Rehabilitation grant/contract awards through the Community
Development Division in the amount of $19,845.00 to Tommy Preston (721 N.W. 4th
Street) and $21,919.00 to South Florida Construction (618 S.W. 6th Avenue). Funding is
available from 118-1963-554-49.19 (Community Development Block Grant (CDBG)
Program!Housing Rehabilitation) and 118-1924-554-49.19 (State Housing Initiatives
Partnership (SHIP) Program!Housing Rehabilitation).
8.V. SUBORDINATION AGREEMENT FOR COMMUNITY
DEVELOPMENT FUNDING RECIPIENT: Authorize and approve subordination of
the City's second mortgage in the amount of$23,250.00 to allow the applicant to secure
new fmancing.
8.W. CHANGE ORDER NO.1 (CONTRACT CLOSEOUTI/VILA & SON
LANDSCAPING CORPORATIONIFEDERAL HIGHWAY MEDIAN
BEAUTIFICATION: Approve Change Order No.1 (Contract Closeout) in the amount
of $774.50 and final payment in the amount of $5,057.52 to Vila & Son Landscaping
Corporation for the Federal Highway Median Beautification Project. Funding is
available from 119-4151-572-63.20 (Beautification Trust Fund/
Landscaping/Beautification).
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04/05/05
8.X. GRANT APPLICATION TO UNITED STATES FIRE
ADMINISTRATION: Authorize staff to submit a Fire Act Grant application to the
United States Fire Administration for funding in the amount of $83,199.00 with a 20%
local match of $20,799.00 from the City to replace the current dispatch tone alert system
equipment for the Fire Department (FY 2006 Budget).
8.Y. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period March 14,2005 through April 1, 2005.
8.Z. AWARD OF BIDS AND CONTRACTS:
1: Purchase award to Noritsu America Corporation in the amount of
$40,216.00 for the purchase, installation, and maintenance of a
Noritsu Dry Digital Printer, Remote Digital Input Terminal, and
accessories for the Police Department. Funding is available from
115-2112-521-64.11 (Special Projects Fund/Computer
Equipment).
2. Purchase award to Sensus Metering Systems in the amount of
$64,999.00 for the purchase of 500 MXU transceivers and 5,000
gel caps for Phase II of the installation of 500 radio-read water
meters in the area east of the Intracoastal. Funding is available
from 441-5161-536-52.31 (Water/Sewer FundlWater Meter
Replacement).
Mrs. Archer moved to approve the Consent Agenda as amended, seconded
by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson -
Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes.
Said motion passed with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
9.B. REOUEST FOR FUNDING/COMMUNITY NEIGHBORHOOD
HELPING: Consider approval of a request from Community Neighborhood Helping,
Inc. to provide $8,000.00 in seed money, which will be reimbursed to the City through a
Palm Beach County grant, for the Glory Awards 2005 to be held on May 29, 2005.
Funding is available from 001-6111-519-99.03 (Manager's Contingency Fund).
Robert A. Barcinski, Assistant City Manager, stated this is a request from
Edith Thompson on behalf of the Community Neighborhood Helping, Inc. for the Glory
Awards to advance $8,000 from Palm Beach County Commissioner Addie L. Greene.
The County funding approval for this request will come from the current fiscal year
funding. The Glory Awards will be held on May 29, 2005 at 7:00 p.m. at Old School
Square.
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04/05/05
Mr. Levinson moved to approve the request from Community
Neighborhood Helping, Inc. to provide $8,000 in seed money, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes;
Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
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9.C. LICENSE AGREEMENT/6TH ANNUAL MIDCOAST
CONVENTION OF NARCOTICS ANONYMOUS. UNINCORPORATED
(MCCNA 2005)/TENNIS FACILITIES: Consider approval of a license agreement
between the City and Midcoast Convention of Narcotics Anonymous, Unincorporated for
the use of the Tennis Facilities for the 6th Annual MCCNA 2005 Event.
Robert A. Barcinski, Assistant City Manager, stated this item is a request
for consideration of the proposed License Agreement between the City and Midcoast
Convention of Narcotics Anonymous (MCCNA) Unincorporated for the use of the
Tennis Center facilities including the stadium as well as use of the Community Center
gym. The convention dates are October 7-9, 2005. Ms. Ellen Jachera, MCCNA 2005
Hotel Liaison estimates the sale of approximately 150 hotel room nights and
approximately 900 persons dining in local restaurants. Under the terms of the license
agreement, they will be required to pay all police and EMS personnel overtime costs, pay
$4,000 for use of the Tennis Facilities, and pay $3,000 for services to be provided by the
City (per paragraph 4 of the agreement).
Mrs. Archer inquired whether any parking arrangements have been made.
Mr. Dubin stated they do not anticipate any parking problems.
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Mr. Levinson commented about Item 4(f) on and off-site directional
signage of the License Agreement and asked if the City is providing off-site directional
signage. Mr. Barcinski stated the City normally provides off-site directional signage
under these contracts to announce the event and give the direction to the facility. The
City Manager stated this would be directional signage rather than promotional signage.
Mr. Levinson moved to approve the proposed License Agreement between
the City of Delray Beach and Midcoast Convention of Narcotics Anonymous,
Unincorporated for the use of the Tennis Facilities for the 6th Annual MCCNA 2005
Event, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes. Said motion passed with a 5 to 0 vote.
9.D. REOUEST FOR FUNDING/CARVER MIDDLE SCHOOL BAND:
Consider approval of a request from the Carver Middle School Band for a donation to
help support the band's trip to perform at Universal Studios in May, 2005.
Robert A. Barcinski, Assistant City Manager, stated this item is a request
for funding from Keary M. Pence, Carver Middle School Band Director, on behalf of the
Carver Middle School Band. Mr. Pence requests a contribution from the City to help
support the trip to Universal Studios in May 2005. The school is trying to raise a total of
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$12,000 to make the trip a reality and to date the band has raised $3,000 of the amount
needed. Staff recommends consideration of approval of the request in the amount of
$1,000.
Ms. McCarthy moved to approve staffs recommendation of the $1,000.00
contribution, seconded by Mrs. Archer. Upon roll call the Commission voted as follows:
Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - Yes. Said motion passed with a 5 to 0 vote.
9.E. PARKING SPACESITHE FRIENDS OF SANDOWAY HOUSE
NATURE CENTER. INC./EARTH DAY: Consider a request from The Friends of
Sandoway House Nature Center, Inc. to reserve parking spaces in the Sandoway Parking
Lot to accommodate their 3'd Annual Earth Day Event.
Scott Aronson, Parking Management Specialist, stated the Sandoway
Nature Center will be holding their annual Earth Day Event on Saturday, April 23, 2005
between the hours of 10:00 a.m. and 4:00 p.m. The request is to reserve the south half of
the Sandoway Parking Lot to accommodate the Busch Wildlife Sanctuary display,
parking for visitors and shuttle bus and trolley vehicles. Staff recommends approval of
the applicant's request; and to avoid confusion and possible ticketing to event goers using
other parking spaces in the lot, staff recommends waiving parking fees in the lot for the
day.
Ms. McCarthy stated seeing that the parking lot will get filled quickly she
asked if staff has made any provisions for placing "Lot Full" signs because people who
are not participating in this event may be going to the beach. Mr. Aronson stated staff
can look into getting a sign made indicating "Lot Full" and ask the Sandoway House
Nature Center in exchange for granting this request that they monitor the parking lot and
place a sign on A-I-A.
Mrs. Ellis moved to approve the request from Sandoway Nature Center to
accommodate the Third Annual Earth Day event to reserve the south half of the
Sandoway Parking Lot and waive parking fees in the parking lot on Saturday, April 23,
2005 and the addition of the "Lot Full" sign, seconded by Ms. McCarthy. Upon roll call
the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to
o vote.
9.F. OLD SCHOOL SOUARE PARKING GARAGE: Presentation and
discussion of revisions to the Old School Square Parking Garage Project to address event
sponsor concerns.
Richard Hasko, Director of Environmental Services, gave a brief
presentation and stated staff met with the primary stakeholders (Old School Square,
Chamber of Commerce, the Joint Venture, and the Garlic Festival) involved with
sponsoring events that would be utilizing the garage. Mr. Hasko announced that the
consultants from PGAL for this project are present this evening. Mr. Hasko briefly
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reviewed Option #10 and noted the overall garage worked very well with the exception of
some issues that were identified as far as maneuverability and access for the event
participants, the acts, the event sponsors and the organization particularly relative to
interfacing with the garage traffic which all happens with the access on 1st Avenue. He
reviewed Option #13 and staff felt this was a very good compromise for addressing the
issues. He briefly reviewed the changes to the parking garage. Mr. Hasko stated he feels
staffhas addressed the concerns of the event sponsors.
Mrs. Archer stated she feels this is super.
Mr. Levinson stated this is great.
Mrs. Ellis inquired about the design for the parking garage.
The City Manager stated in his recent email from Diane Colonna she
indicated that Toussaint L'Ouverture High School will move out on November 18, 2005.
Mr. Levinson stated he would not be supportive of the school staying
beyond the current school year because he feels many things can go on there without
impacting the Garlic Festival.
Mayor Perlman stated he does not understand what the logic is for
Toussaint L'Ouverture High School starting another school year and then in the middle
of the semester having to relocate.
The City Manager stated it is his understanding that the school will
actually relocate as of the beginning of the year; however, they apparently need this extra
time to get all their things out.
Mr. Levinson stated he does not see how it is affordable to wait to
November to start demolition which means construction would start at some point in the
middle of season. .
Mr. Hasko stated the next step for staff is to negotiate the design contract
with the consultant and would also be going out for a CM at Risk Proposal.
Mrs. Ellis inquired about comments expressed by Mr. Levinson regarding
the demolition ofthe school not impacting the Garlic Festival.
Mr. Levinson stated he suspects that the demolition could be done before
the Garlic Festival and then there would be a cleared site which may provide to be
beneficial for staging or trucks. He stated if the City can have a cleared site before the
Garlic Festival then construction could start the Monday or Tuesday following the
festival.
9.G. HCR MANOR CARE FOUNDATION GRANT/COMMUNITY
HEALTH IMPROVEMENT PROGRAM (CHIP): Consider approval of the
application for a non-matching grant to the HCR Manor Care Foundation in the amount
1
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04/05/05
of$140,875.00 to provide funding for one (1) year for a Community Health Improvement
Program (CHIP) in the Fire-Rescue Department.
The City Manager stated the Fire-Rescue Department has been working on
this for quite some time and they receive many assistance calls (i.e. where someone falls
or is in the bathtub and cannot get out, etc.) and they frequently receive repetitive calls
from the same individual. Therefore, he stated the idea is to have some other type of
intervention to get the person into a more suitable living arrangement so there are not
repetitive calls of this nature. The City Manager stated the Fire-Rescue Department has
developed an application to the HCR Manor Care Foundation and he expressed concern
that this is a one (1) year grant. The City Manager stated it needs to be clearly
understood that if the grant is not renewed after the first year, the City is not in a position
to pick it up and commented there may be other resources that will come available.
Mr. Levinson stated although he feels this is great he expressed concern
over the possibility ofthe grant not being renewed after the first year. He stated he would
be more supportive of doing this if the City was not also in the process of doing a Senior
Center where hopefully Mae Volen could be brought in. Mr. Levinson stated Mae Volen
does provide home health services.
Ms. McCarthy asked if it is possible that if this grant were put in place for
one (1) year and this grant were received and the City continues its negotiations and Mae
Volen comes in the following year that the City do a transition type of thing if this is not
granted for the second year.
Rob Moreland, Division ChieflEMS, stated the grant is not a sure thing
and the Fire-Rescue Department is trying to find funding for the salaries for the person to
administer the services.
Brief discussion between Mr. Moreland and the Commission continued.
Ms. McCarthy stated she would like to support this endeavor; however,
with the energies put into to making sure there is something else developing so in the
event the grant is not renewed after the first year Mae V olen can already be incorporated
so that people can still be serviced.
Mrs. Archer inquired as to if the City can get this done for a year if during
the year if there is some way an agreement can be worked out between the Fire-Rescue
Department and Mae V olen to work hand-in-hand to fund the rest of this program
especially if it is a cost savings for the Fire-Rescue Department. Mr. Moreland stated the
Fire-Rescue Department is trying to find funding resources and this is the second attempt.
The City Manager suggested that the Commission approve to file the
application and while that is pending to work with Mae Volen and establish something
that would be a fallback position if the City is not able to continue funding for our own
efforts. If the City receives the grant, then it would come back to the Commission
whether or not to accept the grant and the Commission can make their final decision at
that point. In the meantime, the City Manager stated hopefully the City will be in a better
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04/05/05
position to address what happens if the City does not continue funding.
Mr. Levinson asked if the City is using the #211 system. Mr. Moreland
stated staff does use the #211 system. Mr. Levinson stated the idea of the #211 system is
to be able to have a central point where you assist people in getting the correct resources
and commented the #211 system in Palm Beach County is growing quite rapidly. Mr.
Levinson would rather see the City have this deal in place first because he is concerned
about not having the funding in year two. Mr. Moreland stated many of the agencies
drop the ball if someone does not keep after them. He stated staff already has a Fire-
Rescue Department employee and many of the agencies charge a fee and many of the
people who need the help do not have insurance or families in the area. Mr. Moreland
stated staff has been very creative in finding service for these people who need assistance
and he feels this is a little bit of a different program compared to what is already in place.
,
¡
.
Mrs. Archer concurred with comments expressed by Mr. Moreland and
stated this is much more of a specialized service.
Mrs. Ellis concurred with comments expressed by the City Manager.
Mr. Archer moved to approve to apply for the grant and bring back to the
City Commission for review, seconded by Mrs. Ellis. Upon roll call the Commission
voted as follows: Mr. Levinson - No; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs.
Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 1 vote, Commissioner
Levinson dissenting.
J
9.H. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2005-
01: Formally initiate Comprehensive Plan Amendment 2005-01 pursuant to Section
9.2.1 of the Land Development Regulations.
Paul Dorling, Director of Planning and Zoning, stated this item is the
initiation of Comprehensive Plan Amendment 2005-1. The amendment includes three (3)
City initiated Future Land Use Map amendments, and two text changes, including
updating the needs and analysis for the Open Space and Recreation Element. Mr.
Dorling stated the Future Land Use amendments include the required amendments
relating to the Osceola Park Redevelopment Plan going from RDA-5 (Redevelopment
Area #5 to CC (Commercial Core), LD (Residential Low Density 0-5 dulac) and MD
(Residential Medium Density 5-12 dulac) consistent with the Plan adopted by the City
Commission recently. In addition, Mr. Dorling stated it includes the application of
Future Land Use and Zoning designations to the Country Club Acres subdivision and the
Land Use amendment for Delray Medical Center from the County designation of
INST/18 (Institutional, with an underlying High Residential - 18 units per acre) to CF
(Community Facilities). The text amendments will also include a new Policy C-2.6
which states future development will be consistent with the adopted Osceola Plan. There
will also be some updates to the analysis "Conclusions" and "Needs and
Recommendations" sections of the Open Space and Recreation Element which will bring
it consistent with the City of Delray Beach Parks and Recreation Master Plan.
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04/05/05
At its meeting of March 21, 2005, the Planning and Zoning Board
considered the initiation and the Board unanimously recommended approval by a 5-0
vote (Joseph Pike and Charles Walker absent).
Mrs. Archer moved to approve the initiation of Comprehensive Plan
Amendment 2005-1, seconded by Mrs. Ellis. Upon roll ca1l the Commission voted as
fo1lows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. E1lis - Yes; Mrs. Archer -
Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 7:00 p.m., the Commission considered the
duly advertised Public Hearings portion ofthe agenda.
10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 22-05 (FIRST READINGIFlRST PUBLIC
HEARING): City initiated amendment to Land Development Regulations (LDR)
4.3.3(V)(2) "Uses Involving Alcoholic Beverages", by establishing subsection
4.3.3(V)(2)(c) to provide a method of determining eligibility for a Stand Alone Bar. If
passed, a second public hearing will be scheduled for April 19, 2005. Prior to
consideration of passage of Ordinance No. 22-05 on First Reading/First Public Hearing, a
public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 22-05 is as fo1lows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES
OF THE CITY OF DELRA Y BEACH, BY
AMENDING SECTION 4.3.3(V), "USES
INVOLVING ALCOHOLIC BEVERAGES", BY
AMENDING SUBSECTION 4.3.3(V)(2),
"PROHffiITIONS BY FREQUENCY" BY
ESTABLISHING SUBSECTION 4.3.3(V)(2)(c) TO
PROVIDE A METHOD OF DETERMINING
ELIGffiILITY FOR A STAND ALONE BAR USE IN
CERTAIN CIRCUMSTANCES; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 22-05 is on file in the City Clerk's
office.)
Brian Shutt, Assistant City Attorney, read the caption of the ordinance. A
public hearing was held having been lega1ly advertised in compliance with the laws of the
State of Florida and the Charter ofthe City ofDelray Beach, Florida.
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04/05/05
Paul Dorling, Director of Planning and Zoning, stated the amendment was
processed in order to obtain consistency with State Statutes as they relate to the definition
of Alcoholic Beverages. In addition, the definition of Alcoholic Beverage Establishment
was modified and definitions of Stand Alone Bar and Bottle Club were added to be
consistent with State Statutes. The adopted regulations provide a specific distance
limitation and method of measurement as follows: "Not more than one stand alone bar
shall be located within anyone block nor within seven hundred and fifty (750) feet of
another stand alone bar measured from lot line to lot line in a straight line." The
ordinance provides a process to establish a stand alone bar and a method of determining
eligibility for a stand alone bar. The ordinance includes submission requirements and a
time frame of sixty (60) days to establish the use once the applicant is notified that the
use may be established. The ordinance also includes a method to allow stand alone bar
uses when more than one person or entity desires to establish a stand alone bar and only
one can be accommodated under current restrictions and distance limitations.
At its meeting of March 21, 2005, the Planning and Zoning Board held a
public hearing regarding the proposed text amendment. After discussing the amendment,
the Board voted 5-0 (Joseph Pike & Charles Walker absent) to recommend approval.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 22-05,
the public hearing was closed.
Mrs. Archer moved to approve Ordinance No. 22-05 on First
ReadinglFirst Public Hearing, seconded by Ms. McCarthy. Upon roll call the
Commission voted as follows: Mayor Perlman -Yes; Mrs. Ellis - Yes; Mrs. Archer-
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
I
10.B. ORDINANCE NO. 12-05:' An ordinance amending Chapter 95,
"Emergency Management", Sections 95.05 through 95.13 to provide an updated
ordinance regarding emergency management. Prior to consideration of passage of
Ordinance No. 12-05 on Second and FINAL Reading, a public hearing has been
scheduled to be held at this time.
The caption of Ordinance No. 12-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 95, "EMERGENCY
MANAGEMENT", BY AMENDING SECTION 95.05
THROUGH 95.13 IN ORDER TO PROVIDE AN
UPDATED ORDINANCE REGARDING EMERGENCY
MANAGEMENT; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
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04/05/05
(The official copy of Ordinance No. 12-05 is on file in the City Clerk's
office.)
Brian Shutt, Assistant City Attorney, read the caption of the ordinance. A
public hearing was held having been legally advertised in compliance with the laws of the
State of Florida and the Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one from
the public who wished to address the Commission regarding Ordinance No. 12-05, the
public hearing was closed.
Mr. Levinson moved to adopt Ordinance No. 12-05 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - Yes. Said motion passed with a 5 to 0 vote.
10.C. ORDINANCE NO. 18-05: An ordinance amending Chapter 35,
"Employee Policies and Benefits", subheading "Retirement Plan", Section 35.097,
"Retirement Income; Basis, Amount, and Payment", of the City Code of Ordinances to
provide for an option of a 3% multiplier. Prior to consideration of passage of Ordinance
No. 18-05 on Second and FINAL Reading, a public hearing has been scheduled to be
held at this time.
The caption of Ordinance No. 18-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 35, "EMPLOYEES POLICIES
AND BENEFITS", SUBHEADING "RETIREMENT
PLAN", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRA Y BEACH, FLORIDA, BY
AMENDING SECTION 35.097, "RETIREMENT
INCOME; BASIS, AMOUNT, AND PAYMENT", TO
PROVIDE FOR AN OPTIONAL ENHANCED
MULTIPLIER; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A VALIDITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
(The official copy of Ordinance No. 18-05 is on file in the City Clerk's
office.)
Brian Shutt, Assistant 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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04/05/05
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 18-05,
the public hearing was closed.
Ms. McCarthy moved to adopt Ordinance No. 18-05 on Second and
FINAL Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman
- Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote.
10.D. ORDINANCE NO. 19-05: An ordinance amending Chapter 35,
"Employee Policies and Benefits", subheading "Retirement Plan", Section 35.089,
"Definitions", of the City Code of Ordinances to provide for a revision in the definition
of "Credited Service". Prior to consideration of passage of Ordinance No. 19-05 on
Second and FINAL Reading, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 19-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 35, "EMPLOYEES POLICIES
AND BENEFITS", SUBHEADING "RETIREMENT
PLAN", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRA Y BEACH, FLORIDA, BY
AMENDING SECTION 35.089, "DEFINlTIONS", TO
REVISE THE DEFINITION OF "CREDITED SERVICE"
TO INCLUDE CERTAIN EMPLOYMENT WITH THE
CITY AS A POLICE OFFICER OR FIREFIGHTER FOR
VESTING AND CERTAIN BENEFIT ELIGIBILITY
PURPOSES ONLY; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A VALIDITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
J
(The official copy of Ordinance No. 19-05 is on file in the City Clerk's
office.)
Brian Shutt, Assistant 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 ofDelray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 19-05,
,the public hearing was closed.
Ms. McCarthy moved to adopt Ordinance No. 19-05 on Second and
FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis -
Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
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04/05/05
At this point, the Commission moved to Item 11, Comments and
Inquiries on Non-Agenda Items.
11.A.
City Manal!er's response to prior public comments and inauiries.
The City Manager had no comments or inquiries on non-agenda items.
11.B.
From the Public.
11.B.I. Alice Kavanaul!h. 1507 Pine Lane. Delrav Beach. stated she feels it is
wonderful that the City has so many special events; however, expressed concern that
there is no where to park. She briefly explained that she was parked near the new Post
Office and the Renaissance II Consignment Boutique and decided to shop and walk to the
Delray Affair. When she returned, her car had been booted and a man approached her
making her pay $50.00 in order to get her car back. She stated she does not know if this
was a scam or whether this man was hired by the merchants. She suggested that the
merchants provide a voucher that can be stamped with an address on it to serve as a
receipt and urged the Commission to look into this matter.
11.B.2. Greta Britt. 867 Sunflower Avenue. Delrav Beach. stated her children
participate in the Delray Beach Youth Basketball Program and she expressed several
concerns about the program. She stated a group of parents and coaches got together to
discuss some of these issues including changes that would enhance the program. On
March 10, 2005, parents and coaches met with Joe Weldon, Tom Kwiatek and David
Ricks to share concerns and everyone agreed to meet again within the next two months in
which they would like the Mayor and the City Manager to attend. Ms. Britt urged the
Commission to (l) increase the budget to provide regulatory uniforms, (2) insure that
there are sufficient indoor facilities and that they are a priority for the program during
basketball season, and (3) insure that the gym floor at Pompey Park will be replaced in a
timely manner with the same type of flooring that is at the Community Center. Ms. Britt
stated she spoke with Mr. Weldon in January and he assured her that the floor was going
to be replaced. However, Ms. Britt stated in the status update there is no mention of the
floor being replaced.
lI.B.3. Lovett Leonard. 35 Swinton Gardens Drive. Delrav Beach. stated he is
a parent and a coach for the last seven years in Delray Beach. He expressed concern over
the City's Youth Basketball Program. He read a brief statement into the record regarding
the condition of the gym floor at Pompey Park and stated this has been an ongoing
problem for the past six years. Consequently, the children have had limited practices
outside at Pompey Park. He commented about the availability of the Community Center
and inquired as to why events are cancelled or rescheduled when there is a tennis event
and asked why the tennis venue interrupts the basketball activities in the gym. Secondly,
Mr. Leonard expressed concern over the Delray Beach organizational chart. He feels that
the Delray Parks and Recreation Department should be in line with the Delray Stadium,
Tennis Center, and Public Information on the chart. He feels with the growth of the
City's tax base and population in the last ten years the funding for the Parks and
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04/05/05
Recreation Department should have also grown. He stated there should be more
accountability of money from sponsors going to the various sports that is overseen by
individuals using the Delray name and he urged the Commission to look for a solution to
these concerns.
H.B.4. Patrick Glover. 305 S.W. 7th Avenue. Delrav Beach. expressed concern
over the gym at Pompey Park and the predicament it has been in for the past six years. In
addition, he expressed concern over the pool at Pompey Park and stated many of the
youths in the community ride their bicycles to Aqua Crest Pool and he feels this is a
potentially dangerous situation for youth especially because the Pompey Park pool is
right in their backyard. Mr. Glover stated every Sunday for the last few weeks he
witnessed numerous police vehicles in the Pompey Park vicinity and feels these vehicles
park inappropriately and in his opinion is very intimidating to the residents. He inquired
about the fees being charged for the use of the pool at Pompey Park.
H.B.5. Patricia Wril!ht., 255 N.W. 14th Avenue. Delrav Beach. stated she
supports police protection; however, feels it is insulting when she is in her own yard and
the police ride around the neighborhood with dogs in their cars. She would like to know
why this is happening.
At this point, the time being 7:25 p.m. the Commission moved to Item
9.1., Appointments to the Board of Adjustment.
9.1. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one
(1) regular member to the Board of Adjustment for an unexpired term ending August 31,
2006. Based upon the rotation system, the appointment will be made by Commissioner
Archer (Seat #2).
Mrs. Archer moved to reappoint Clifton Miller as a regular member to the
Board of Adjustment for an unexpired term ending August 31, 2006, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion
passed with a 5 to 0 vote.
9.J. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one
(1) regular member to the Civil Service Board for a two (2) year term ending April 1,
2007. Based upon the rotation system, the appointment will be made by Commissioner
Levinson (Seat #3).
Mr. Levinson moved to reappoint Larry Zalkin as a regular member to the
Civil Service Board for a two (2) year term ending April 1, 2007, seconded by Mrs.
Archer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs.
Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion
passed with a 5 to 0 vote.
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04/05/05
9.K. APPOINTMENT TO PUBLIC EMPLOYEES RELATIONS
COMMISSION: Appoint one (1) regular member to the Public Employees Relations
Commission (PERC) for an unexpired term ending March 13, 2008. Based upon the
rotation system, the appointment will be made by Commissioner Archer (Seat #2).
Mrs. Archer moved to appoint Sidney Grossman as a regular member to
the Public Employees Relations Commission (pERC) for an unexpired term ending
March 13, 2008, seconded by Mr. Levinson. Upon roll call the Commission voted as
follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes;
Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote.
9.L. EXTENSION OF CONSULTING AGREEMENT/SAMUEL E.
MATHIS. JR.: Consider approval of an extension to the monthly consulting agreement
for Diversity Community Affairs with Samuel E. Mathis, Jr., Diversity Business
Strategist and Advisor. Funding is available from 001-1111-511-34.90 (General
Fund/Other Contractual Services).
Mr. Levinson moved to approve the extension to the monthly consulting
agreement for Diversity Community Affairs with Samuel E. Mathis, Jr., Diversity
Business Strategist and Advisor, seconded by Ms. McCarthy. Upon roll call the
Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy-
Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 23-05: Privately initiated amendment to Land
Development Regulations (LDR) Section 4.4.11, "Neighborhood Commercial (NC)",
increasing the floor area limitation for banks and financial institutions. Ifpassed, a public
hearing will be scheduled for April 19, 2005.
The caption of Ordinance No. 23-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES,
BY AMENDING SECTION 4.4.11,
"NEIGHBORHOOD COMMERCIAL (NC)
DISTRICT", SUBSECTION 4.4.11(H), "SPECIAL
REGULATIONS", BY PROVIDING THAT BANKS
OR SIMILAR FINANCIAL INSTITUTIONS MAY
HAVE A MAXIMUM AREA OF 6,000 SQ. FT.;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
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04/05/05
(The official copy of Ordinance No. 23-05 is on file in the City Clerk's
¡
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¡
office. )
Brian Shutt, Assistant City Attorney, read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated this is an
amendment to the NC zone district regulations to allow banks and financial institutions
up to a maximum of 6,000 square feet of floor area, where a maximum of only 2,000
square feet is currently permitted.
The request was submitted by the developer of Fountains Center, which is
currently under construction on the west side of Military Trail, approximately 1,400 feet
north located at the northeast corner of Atlantic Avenue and Military Trail. Washington
Mutual Bank is currently located at the northeast corner of Atlantic Avenue and Military
Trail; however, the bank must relocate by October 31, 2005 and has not been able to
secure a location in the immediate area. The Bank services approximately 50,000
transactions per month and wishes to remain in the area to continue servicing its
customers/community when the current lease expires and it has to vacate its current
premises.
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. The proposed LDR
amendment provides additional flexibility to accommodate a service to the surrounding
neighborhoods. While the amendment does not fulfill a specific Goal, Objectives, and
Policies ofthe Comprehensive Plan; it is not inconsistent with them.
¡
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At its meeting of March 21, 2005, the Planning and Zoning Board held a
public hearing regarding the proposed text amendment and after discussing the
amendment, the Board voted 5-0 (Joseph Pike & Charles Walker absent) to recommend
approval.
Mayor Perlman stepped away from the dais and passed the gavel to Vice
Mayor Levinson. Mrs. Archer also stepped away from the dais.
Mrs. Ellis moved to approve Ordinance No. 23-05 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes. Said motion passed with a 3 to 0
vote.
12.B. ORDINANCE NO. 15-05: Annexation via the provisions of the executed
Water Service Agreements for 31 parcels ofland within Country Club Acres, located on
the east side of Military Trail, south of West Atlantic Avenue. If passed, a public hearing
will be scheduled for April 19, 2005.
]
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04/05/05
The caption of Ordinance No. 15-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
ANNEXING TO THE CITY OF DELRA Y BEACH
PARCELS OF LAND LOCATED IN COUNTRY
CLUB ACRES SUBDIVISION, AS MORE
PARTICULARLY DESCRIBED HEREIN, WHICH
LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS; REDEFlNlNG THE
BOUNDARIES OF THE CITY TO INCLUDE SAID
LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 15-05 is on file in the City Clerk's
office.)
Brian Shutt, Assistant City Attorney, read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated the subject property
consists of 6.26 acres of land and encompasses thirty-one (31) parcels. Sixteen (16)
parcels are located along the north and south side of Jefferson Road. Twelve (12) parcels
are located on the east and west side of Whatley Road and three (3) parcels are located on
the east side of Lincoln Road. The thirty-one (31) individual lots contain thirty (30)
single family residential homes, and one (1) is a vacant parcel. These thirty-one (31)
parcels have signed water service agreements with the City of Delray Beach and the
City's water service agreement has an annexation clause in it.
At its meeting of March 21,2005, the Planning and Zoning Board held a
public hearing in conjunction with this request. There was public testimony from one of
the residents (property owner) and her main concern was the approximate date in which
improvements will be concluded. After reviewing and discussing the proposal, the Board
voted 5-0 (Joseph Pike and Charles Walker absent) to recommend that the request be
approved and that the parcels to be annexed continue to be subject to Palm Beach County
Land Use and Zoning designations until the City adopts a comprehensive plan
amendment and related zonings.
At this point, Commissioner Archer and Mayor Perlman returned to the
dais and brief discussion by the Commission followed.
Mr. Levinson moved to approve Ordinance No. 15-05 on FIRST Reading,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes. Said motion passed with a 5 to 0 vote.
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04/05/05
12.C. ORDINANCE NO. 14-05: Voluntary annexation of fifteen (15) parcels
of land within Country Club Acres, located on the east side of Military Trail, south of
West Atlantic Avenue. Ifpassed, a public hearing will be scheduled for April 19, 2005.
The caption of Ordinance No. 14-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
ANNEXING TO THE CITY OF DELRAY BEACH,
PARCELS OF LAND LOCATED IN COUNTRY
CLUB ACRES SUBDIVISION, AS MORE
PARTICULARLY DESCRIBED HEREIN, WHICH
LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS; REDEFlNlNG THE
BOUNDARIES OF THE CITY TO INCLUDE SAID
LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 14-05 is on file in the City Clerk's
office.)
Brian Shutt, Assistant City Attorney, read the caption of the ordinance.
j
Paul Dorling, Director of Planning and Zoning, stated the subject property
consists of 2.88 acres ofland and involves fifteen (15) parcels of land. The fifteen (15)
individual lots contain twelve (12) single family residential homes, and three (3) are
vacant parcels. These property owners have signed voluntary annexation agreements
approximately two months ago with the City of Delray Beach and are part of an overall
annexation of the entire subdivision. Mr. Dorling stated the Future Land Use and the
associated zonings will be part of Comprehensive Plan 2005-01.
At its meeting of March 21,2005, the Planning and Zoning Board held a
public hearing in conjunction with this request. There was public testimony from one of
the residents (property owner) and her main concern was the approximate date in which
improvements will be concluded. After discussing the proposal, the Board voted 5-0
(Joseph Pike and Charles Walker absent) to recommend that the request be approved and
that the parcels to be annexed continue to be subject to Palm Beach County Land Use and
Zoning designations until the City adopts a comprehensive plan amendment and related
zonings.
Mrs. Ellis moved to approve Ordinance No. 14-05 on FIRST Reading,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy
- Yes. Said motion passed with a 5 to 0 vote.
1
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12.D. ORDINANCE NO. 20-05: City initiated amendment to Land
Development Regulations (LDR) Section 4.4.6, "Medium Density Residential (RM)
District", modifying the development standards in conjunction with the implementation
of the Southwest Area Neighborhood Redevelopment Plan. If passed, a public hearing
will be scheduled for Apri119, 2005.
The caption of Ordinance No. 20-05 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 SUBSECTION 4.4.6(F), "DEVELOPMENT
STANDARDS"; AND SUBSECTION 4.4.6(G),
"SUPPLEMENTAL DISTRICT REGULATIONS," IN
ORDER TO CLARIFY THAT CERTAIN PROVISIONS
OF THE SOUTHWEST NEIGHBORHOOD OVERLAY
DISTRICT ONLY APPLY TO DUPLEX AND MULTI-
FAMILY DEVELOPMENT THAT CONTAINS A
COMPONENT OF WORKFORCE HOUSING AS
PROVIDED BY ARTICLE 4.7; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
office.)
(The official copy of Ordinance No. 20-05 is on file in the City Clerk's
Brian Shutt, Assistant City Attorney, read the caption ofthe ordinance.
Paul Dorling, Director of Planning and Zoning, stated on February 15,
2005, the City Commission adopted amendments to the LDR's to modify the RM
(Medium Density Residential) zoning district regulations to implement the density
provisions in the Workforce Housing Ordinance. This amendment included
modifications to certain development standards so that 24 units per acre could be
accommodated within the Southwest Neighborhood Overlay District and also included
reductions in setbacks and clarification with respect to parking. Although the intent of
these modifications was to allow for increased density in developments providing
Workforce Housing, the specific language of the amendment failed to make this
distinction. Therefore, as currently implemented, the new standards apply to all
development within the Overlay District. The amendment at this time is being proposed
to correct this error by limiting the setback reductions/changes to developments providing
workforce housing.
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04/05/05
At its meeting of March 21, 2005, the Planning and Zoning Board held a
public hearing regarding this item and there was no public input. The Board voted 5-0
(Joseph Pike and Charles Walker absent), to recommend approval of the amendment as
proposed by adopting the findings of fact and law contained in the staff report.
,
,
,
,
¡
Ms. McCarthy moved to approve Ordinance No. 20-05 on FIRST
Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - Yes. Said motion passed with a 5 to 0 vote.
12.E. ORDINANCE NO. 13-05: City initiated corrective Future Land Use
Map Amendment (FLUM) from CF (Community Facilities) and LD (Low Density
Residential 0-5 dwelling units per acre) in part, to LD (Low Density Residential 0-5
dwelling units per acre) and rezoning from CF (Community Facilities) to R-l-AA (Single
Family Residential) for properties generally located on the west side of S.E. 7th Avenue,
approximately 145 feet south of S.E. 2nd Street. If passed, a public hearing will be
scheduled for April 19, 2005.
The caption of Ordinance No. 13-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
CHANGING THE FUTURE LAND USE MAP
DESIGNATION IN THE COMPREHENSIVE PLAN
FROM CF (COMMUNITY FACILITIES) IN PART
AND LD (LOW DENSITY RESIDENTIAL 0-5
DU/AC) IN PART TO LD (LOW DENSITY
RESIDENTIAL 0-5 DU/AC), AND REZONING AND
PLACING LAND PRESENTLY ZONED CF
(COMMUNITY FACILITIES) DISTRICT TO R-l-AA
(SINGLE FAMILY RESIDENTIAL) DISTRICT; SAID
LAND BEING A PARCEL OF LAND LOCATED ON
THE WEST SIDE OF SE 7TH AVENUE,
APPROXIMATELY 145 FEET SOUTH OF SE 2ND
STREET, AS MORE PARTICULARLY DESCRIBED
HEREIN; ELECTING TO PROCEED UNDER THE
SINGLE HEARING ADOPTION PROCESS FOR
SMALL SCALE LAND USE PLAN AMENDMENTS;
AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, JULY 2004; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
I
J
(The official copy of Ordinance No. 13-05 is on file in the City Clerk's
office.)
Brian Shutt, Assistant City Attorney, read the caption of the ordinance.
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04/05/05
Paul Dorling, Director of Planning and Zoning, stated these amendments
are City initiated however was brought to staff's attention by one of the property owners
who discovered when he was interesting in selling his property that his property has a CF
(Community Facilities) zoning designation on it. The existing FLUM designation of CF
(Community Facilities) and zoning of CF are inappropriate for the property given the
existing use of the properties. The FLUM amendment and rezoning will correct a
mapping error and result in FLUM and zoning consistency for the properties.
At its meeting of March 21, 2005, the Planning and Zoning Board held a
public hearing in conjunction with the request. There was no' public testimony regarding
the proposal. After reviewing and discussing the proposal, the Board voted 5-0 (Joseph
Pike and Charles Walker absent) to recommend approval of the corrective Future Land
Use Map amendment and rezoning.
Mrs. Archer moved to approve Ordinance No. 13-05 on FIRST Reading,
seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Archer -
Yes; Mr. Levinson - Y,cs; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes.
Said motion passed with a 5 to 0 vote.
12.F. ORDINANCE NO. 24-05: City Initiated amendment to Land
Development Regulations (LDR) Section 4.5. 1 (C)(5), "Designation Procedures",
concerning the freeze period on the issuance of permits during the Historic District
designation process. Ifpassed, a public hearing will be scheduled for Apri119, 2005.
The caption of Ordinance No. 24-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES,
BY AMENDING SECTION 4.5.1, "HISTORIC
PRESERVATION SITES AND DISTRICTS",
SUBSECTION 4.5.1(C), "DESIGNATION
PROCEDURES", BY REMOVING THE
RESTRICTION ON ISSUING BUILDING PERMITS
DURING THE DESIGNATION PROCESS;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 24-05 is on file in the City Clerk's
office. )
Brian Shutt, Assistant City Attorney, read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated the proposed
amendment to the LDR's is to eliminate the freeze period on the issuance of permits once
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04/05/05
a public hearing date for a historic designation is established. Currently the LDR's state
that once a public hearing date is established for consideration of a historic district that all
building permits be put on hold. The provision is a moratorium on development activity
until a decision is made concerning the designation. The City Commission felt it was
unfair to not issue a permit or to require the redesign of the project in light of pending
designations. There was also a concern that this provision eliminated the option oftaking
additional time to educate the public on the benefits of historic districts, given the
pressures to reach a conclusion quickly.
At its meeting of March 21, 2005, the Planning and Zoning Board held a
public hearing regarding the proposed text amendment and there was no public testimony
regarding the proposal. After discussing the amendment, the Board voted 5-0 (Joseph
Pike and Charles Walker absent) to recommend approval of the proposed amendment. At
its meeting of March 16, 2005, the Historic Preservation Board (HPB) reviewed and
recommended denial of the proposed text amendment to eliminate the current provision.
The Board felt that the regulation currently in effect should be modified to state that
during the designation process that in order to obtain a permit the applicant may process a
Certificate of Appropriateness (COA) application as if the property was within a
designated historic district, which would be reviewed based on the historic preservation
criteria and design guidelines and require HPB approval. Staff recommends approval as
written and as supported by the Planning and Zoning Board.
Mr. Levinson moved to approve Ordinance No. 24-05 on FIRST Reading,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs.
Archer - Yes. Said motion passed with a 5 to 0 vote.
12.G. ORDINANCE NO. 21-05: An ordinance amending Chapter 99, "Noise
Control", of the City Code of Ordinances to provide an updated noise control ordinance
referencing current zoning districts. If passed, a public hearing will be scheduled for
April 19, 2005.
The caption of Ordinance No. 21-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING TITLE 9, "GENERAL REGULATIONS",
BY AMENDING CHAPTER 99, "NOISE CONTROL",
OF THE CODE OF ORDINANCES OF THE CITY OF
DELRA Y BEACH, FLORIDA, TO PROVIDE AN
UPDATED NOISE CONTROL ORDINANCE
REFERENCING CURRENT ZONING DISTRICTS;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 21-05 is on file in the City Clerk's
office.)
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04/05/05
Brian Shutt, Assistant City Attorney, read the caption of the ordinance and
announced Terrill Barton, Assistant City Attorney, is present this evening for any
questions.
Ms. McCarthy commended Terrill Barton for a wonderful update.
However, she asked what a 10 dBA is and what noise level this would be.
The City Manager stated on page two of the ordinance there is a definition
of Decibel (dB).
Brief discussion between the Commission and Mrs. Barton followed.
Mr. Levinson moved to approve Ordinance No. 21-05 on FIRST Reading,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes. Said motion passed with a 5 to 0 vote.
13. COMMENTS AND INOUIRIES ON NON-AGENDA ITEMS.
13.A. City Manal!er
With regard to a suggestion made by Commissioner Levinson about
making people aware of the Federal Credit Union on West Atlantic Avenue, the City
Manager stated staff will send out a flyer to the Southwest President's Alliance, the
parents of the Beacon Center, and Pine Grove, etc. In addition, the City Manager stated
the Credit Union will be doing a mailing directly to African-American residents in the
targeted area.
13.B. City Attornev
Brian Shutt, Assistant City Attorney, had no comments or inquiries on
non-agenda items.
13.C.
City Commission
13.C.1.
Mr. Levinson
Mr. Levinson stated he attended the Police Volunteer Luncheon today and
a few people mentioned to him that they like receiving the News for Neighborhoods.
Secondly, he stated Mr. Joe Gray gave him a copy of the West-Side
Neighborhood News and feels it is terrific.
He stated at the Intergovernmental Issues Forum the Palm Beach County
Emergency Management staff made a presentation regarding the After Action Report.
Mr. Levinson commented that the staff stated Palm Beach County and cities need to be
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04/05/05
self-sufficient after a hurricane and he is very pleased with the report. He stated that he
hopes the City of Delray Beach has its own After Action Report.
Mr. Levinson stated he ran into Sam Ferreri last Monday who told him the
Board voted to proceed with the sale of the facility and directed their Executive Director
to negotiate a contract with the City of Delray Beach.
13.C.2.
Ms. McCarthv
Ms. McCarthy commended Brian Shutt, Assistant City Attorney, for a job
well done this evening.
Secondly, she stated she attended the TED Center Annual meeting to
discuss their Annual Report and feels they did a nice job. Ms. McCarthy commented Mr.
Joe Gray (consultant for the City of Delray Beach) and his wife were in attendance as
well.
13.C.3.
Mrs. Ellis
Mrs. Ellis offered thanks to staff for their enduring patience as she is still
learning and encouraged the Commission to share any suggestions they may have
regarding the monumental amounts of information she is being presented with.
13.C.4.
Mrs. Archer
J
Mrs. Archer apologized profusely for not being at the Police Volunteer
Luncheon held today because she inadvertently wrote down that the luncheon was next
Tuesday.
13.C.5.
Mavor Perlman
Mayor Perlman stated he attended the Volunteer Luncheon today and it
was well attended.
Secondly, he stated the City is making headway with regard to the
Alzheimer's property.
Mayor Perlman stated he attended Matthew "Bump" Mitchell's retirement
dinner and noted Mr. Mitchell retired after 37 years of service with the City of Delray
Beach. Mayor Perlman stated it was a tremendous tribute to Mr. Mitchell and
commented he wished there was a way to capture the history when someone with this
much tenure retires.
There being no further business, Mayor Perlman declared the meeting
adjourned at 8:00 p.m.
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04/05/05
~~.~~
City Clerk
ATTEST:
!Jæo~ tz
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes ofthe Regular City Commission Meeting held
on AprilS, 2005, which Minutes were formally approved and adopted by the City
Commission on April 19, 2005
~ 'D. ~~
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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