04-04-00APRIL 4~ 2000
A Regular Meeting of the City Commission of the City of Delray Beach, Florida,
was called to order by Mayor David Schmidt in the Commission Chambers at City Hall at 6:00
p.m. on Tuesday, April 4, 2000.
1. Roll call showed:
Present -
Commissioner Patricia Archer
Commissioner Alberta McCarthy
Commissioner Jeff Perlman
Commissioner Bill Schwartz
Mayor David Schmidt
Absent - None
Also present were - City Manager David T. Harden and City Attorney Susan A.
Ruby
2_. The opening prayer was delivered by Reverend Matthew "Bump" Mitchell, Christ
Missionary Baptist Church.
The Pledge of Allegiance to the flag of the United States of America was given.
Agenda Approval.
Mayor Schmidt noted the addition of Item 9.J., Resolution No. 33-00 to the
Regular Agenda, by Addendum.
Mr. Perlman requested that Item 8.F., Education Board
Recommendation/Proposed Boundaries for Carver Middle School, be moved from the
consent agenda to the regular agenda as Item 9.K.
Mrs. Archer moved to approve the Agenda as amended, seconded by Mr.
Schwartz. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mrs. McCarthy -
Yes; Mr. Perlman - Yes; Mr. Schwartz - Yes; Mayor Schmidt - Yes. Said motion passed with a
5 to 0 vote.
Approval of Minutes:
Mrs. Archer moved to approve the Minutes of the Regular Meeting of March 21,
2000 and the Minutes of the Special Meeting of March 23, 2000, seconded by Ms. McCarthy.
Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Mrs.
McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0
vote.
6. Proclamations:
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National Public Works Week - May 21-27~ 2000
Mayor Schmidt presented a proclamation recognizing the week of May 21st thru
May 27th, 2000, as "National Public Works Week".
6.B. Delray Beach "Safest City" in South Florida (in re cognition of the Fire
Department's Automatic External Defibrillator Public Access Initiative)
Mayor Schmidt presented a proclamation that acknowledges the Delray Beach
Fire Department has taken the initiative to make Delray Beach the "Safest City" in South
Florida.
6.C. OF NOTE:
6.c.0)
Victims' Rights Week - April 9-15~ 2000
6.C.(2)
Days of Remembrance of the Holocaust - April 30th through May 7~ 2000.
7. Presentations:
7.A. Presentation on the MacArthur Foundation Grant (David Harris~
representing the MacArthur Foundatiom and David Randolph~ community representative)
David Harris, MacArthur Foundation, and David Randolph, a community
representative, gave a brief presentation regarding the background of the grant and application
process.
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CONSENT AGENDA City Manager recommends approval.
8.A. RESOLUTION NO. 32-00: Approve a resolution vacating and abandoning the
unimproved north/south alley right-of-way lying south of S.E. 6th Street within the Anderson
Block subdivision, but reserving and retaining to the City a utility easement over the entire area
thereof, based upon positive findings.
The caption of Resolution No. 32-00 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING THE NORTH/SOUTH ALLEY RIGHT-OF-
WAY LYING SOUTH OF S.E. 6TH STREET WITHIN THE
ANDERSON BLOCK SUBDIVISION, AS MORE
PARTICULARLY DESCRIBED HEREIN, BUT RESERVING
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AND RETAINING TO THE CITY A UTILITY EASEMENT
FOR PUBLIC AND PRIVATE UTILITIES OVER THE ENTIRE
AREA THEREOF AS MORE PARTICULARLY DESCRIBED
(Copy of Resolution No. 32-00 is on file in the City Clerk's office.)
8.B. RESOLUTION NO. 29-00: Approve a resolution formalizing the appointment
of five (5) members to the Affordable Housing Advisory Committee.
The caption of Resolution No. 29-00 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, APPOINTING MEMBERS
TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE,
PURSUANT TO STATE LAW; PROVIDING AN EFFECTIVE
DATE.
(Copy of Resolution No. 29-00 is on file in the City Clerk's office.)
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LETTER OPPOSING REIMBURSEMENT CAPS FOR LOCALLY CON-
STRUCTED BEACH NOURISHMENT PROJECTS: Approve and authorize the Mayor to
sign letters to our U.S. Senators and U.S. Representatives opposing reimbursement caps for
locally constructed beach nourishment projects.
8.D. REMOVED
8.E. RULES OF THE BOARD OF CONSTRUCTION APPEALS: Approve the
rules of procedure for the Board of Construction Appeals as adopted by the Board on March 29,
2000.
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MOVED TO REGULAR AGENDA
SUBORDINATION OF MORTGAGE/COMMUNITY DEVELOPMENT
BLOCK GRANT RECIPIENT: Authorize and approve subordination of the City's second
mortgage in the amount of $8,390.00 to allow the homeowner to secure new financing.
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CONCESSION SALES LICENSE AGREEMENT/ALPINE FRUIT ICE,
INC.: Approve a Concession Sales License Agreement between the City and Alpine Fruit Ice
that will allow Alpine to sell concessions at the AVP Volleyball Tournament to be held at the
Tennis Center on April 28, 29 & 30, 2000.
8.1. ACCEPTANCE OF QUIT CLAIM DEED FROM GEORGE CORNELL:
Accept a quit claim deed from George Cornell donating to the City the approximate 3.35 acre
vacant parcel of land located at the northeast corner of N.W. 9th Street and N.W. 4th Avenue,
subject to conditions.
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8.J. SERVICE AUTHORIZATION #1/TEELE & ASSOCIATES: Approve
Service Authorization #1 in the amount of $20,000.00 with Teele & Associates, Consulting
Engineers, for electrical engineering analysis, design and inspection services required to
construct a fully functional electrical system on Pineapple Grove Way between Atlantic Avenue
and N.E. 4th Street, with funding from 334-6111-519-65.12 (General Construction Fund -N.E.
2nd Avenue).
8.K. CONTRACT FOR AUDITING SERVICES/ERNST & YOUNG LLP:
Approve a three year renewal of the agreement with Ernst & Young LLP for auditing services to
be conducted by their firm for the fiscal years ending September 30, 2001, 2002 and 2003.
8.L. RESOLUTION NO. 30-00: Approve a resolution adopting debt management
policies to ensure maintenance of sound financial practices.
The caption of Resolution No. 30-00 is as follows:
A RESOLUTION BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, ADOPTING DEBT
MANAGEMENT POLICIES TO BECOME EFFECTIVE UPON
PASSAGE APPROVAL.
(Copy of Resolution No. 30-00 is on file in the City Clerk's office.)
8.M. RESOLUTION NO. 31-00: Approve a resolution assessing costs for abatement
action necessary to remove junked and/or abandoned vehicles from nine (9) properties within the
City.
The caption of Resolution No. 31-00 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER
90 OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, ASSESSING COSTS FOR ABATING
NUISANCES BY REMOVING JUNKED AND/OR
ABANDONED VEHICLES WITHIN THE CITY OF DELRAY
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 OR UNPAID
ASSESSMENTS; PROVIDING FOR THE MAILING OF
NOTICE OF LIEN.
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(Copy of Resolution No. 31-00 is on file in the City Clerk's office.)
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period March
20, 2000 through March 31, 2000.
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AWARD OF BIDS AND CONTRACTS:
Purchase award in the amount of $13,202 to Gateway 2000, via State of
Florida contract, for the purchase of seven (7) replacement computers for
the Parks and Recreation Department, with funding from 334-6112-519-
64.11 (General Capital R&R - Computer Equipment).
Bid award in the amount of $55,310.00 to Chaz Equipment Co., Inc. for
gravity sewer repairs at Lift Stations #6 and #22, with funding from 442-
5178-536-63.51 (W&S Renewal & Replacement - Sewer Mains).
Purchase award in the amount of $15,800 to Blue Ribbon Industrial
Components Corporation for the purchase of twenty (20) Flow Line digital
panel meters and Wika pressure transducers for the ESD Utility
Maintenance Division, with funding from 441-5144-536-64.90 (W&S Lift
Station Maintenance - Other Machinery/Equipment).
Purchase award in the amount of $18,541.60 to NuCrane Machinery, via
Orange County School Board contract, for the purchase of a John Deere
1500 Aercore Aerator for the Lakeview Golf Course, with funding from
446-4761-572-64.90 (Lakeview Golf Course - Other
Machinery/Equipment).
Purchase award in the total amount of $10,584.50 to Universal Signs &
Accessories, via Palm Beach County bid ($7,576.50) and City of
Melbourne bid ($3,008.00), for the purchase of aluminum sign blanks and
posts, with funding from 001-3141-541-52.20 (Traffic Maintenance).
Purchase award in the total amount of $12,430.00 to Southland Controls,
Inc., sole source distributor, for the purchase (including delivery and
installation) of a Series 32-300 SP Volumetric Feeder for use at the Water
Treatment Plant, with funding from 441-5122-536-64.90 (Water
Treatment & Storage - Other Machinery/Equipment).
Mr. Schwartz moved to approve the Consent Agenda as amended, seconded by
Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. McCarthy - Yes; Mr.
Perlman - Yes; Mr. Schwartz - Yes; Mayor Schmidt - Yes; Mrs. Archer - Yes. Said motion
passed with a 5 to 0 vote.
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Regular Agenda:
9.AA.
MacARTHUR FOUNDATION GRANT APPLICATION.
Diane Dominguez, Director of Planning and Zoning, highlighted modifications to the
MacArthur Foundation Grant Application.
Ms. Archer moved to appoint Commissioner Jeff Perlman to the Project
Management Team, seconded by Mr. Schwartz. Upon roll call the Commission voted as follows:
Mrs. McCarthy - Yes; Mr. Perlman - Yes; Mr. Schwartz - Yes; Mayor Schmidt - Yes; Mrs.
Archer - Yes. Said motion passed with a 5 to 0 vote.
Mr. Perlman moved to approve the modifications to the grant application,
seconded by Mr. Schwartz. Upon roll call the Commission voted as follows: Mayor Schmidt -
Yes; Mrs. Archer - Yes; Mrs. McCarthy - Yes; Mr. Perlman - Yes; Mr. Schwartz - Yes. Said
motion passed with a 5 to 0 vote.
At this time, because the representative for the applicant for Item 9.A. was not
present, Commission moved to Item 9.B.
9.B. CONDITIONAL USE REQUEST/RE-ESTABLISHMENT OF A CHILD
CARE FACILITY: Consider a request for conditional use approval to allow the re-
establishment of a child care facility (Pat's Happy Face Learning Center, f/k/a Honey Bee's Naps
& Laps) at the northwest corner of Martin Luther King Jr. Drive (N.W. 2nd Street) and N.W. 6th
Avenue. The subject property is zoned R-1-A (Single Family Residential) District. QUASI-
JUDICIAL PROCEEDING
The Mayor Schmidt stated this item will be conducted as a quasi-judicial hearing
which allows for presentations by all involved parties, the admission of documents into the
record and public testimony.
The City Clerk swore in those individuals who wished to give testimony on this
item.
Diane Dominguez, Director of Planning and Zoning, entered into the record the
Planning and Zoning Department's file on this project and a listing of pertinent documents. The
Planning and Zoning Board considered this item at its meeting of March 20, 2000 and
recommended approval subject to changes.
The following individuals spoke in favor:
Priscilla Gardner, N.W. 2nd Street
There being no one else who, having been duly sworn, wished to address the
Commission, the public hearing was closed.
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Mrs. Archer moved to approve the Conditional Use request based upon positive
findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) of the Land
Development Regulations, and the policies of the Comprehensive Plan subject to the conditions
recommended by the Planning and Zoning Board, seconded by Mr. McCarthy. Upon roll call the
Commission voted as follows: Mrs. Archer - Yes; Mrs. McCarthy - Yes; Mr. Perlman - Yes; Mr.
Schwartz - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote.
9.A. CONDITIONAL USE REQUEST/EVANGELICAL CHURCH OF JEAN
3:16: Consider a request for conditional use approval to allow the establishment of a church
(Evangelical Church of Jean 3:16) at the southeast corner of N.W. 15th Avenue and N.W. 3rd
Street. The subject property is zoned R-1-A (Single Family Residential) District. The Planning
and Zoning Board and staff recommend DENIAL. QUASI-JUDICIAL PROCEEDING
Mayor Schmidt stated this item will be conducted as a quasi-judicial hearing
which allows for presentations by all involved parties, the admission of documents into the
record and public testimony.
item.
The City Clerk swore in those individuals who wished to give testimony on this
Diane Dominguez, Director of Planning and Zoning, entered into the record the
Planning and Zoning Department's file on this project and a listing of pertinent documents. The
Planning and Zoning Board considered this item at its meeting of March 20, 2000 and
recommended denial of the Conditional Use request based upon a failure to make positive
findings with respect to Section 2.4.5(E)(5)(Compatibility) and that the project is not consistent
with Policy A-12.3 of the Housing Element as the traffic associated with the church could affect
the stability, safety, and habitability of the neighborhood.
The following individuals spoke in favor:
Ron Uphoff~ representative of Evangelical Church of Jean 3:16, stated that the
church may possibly want a continuance of this matter due to discussion regarding an alternate
church location. The City may want to purchase the proposed site for a retention area.
There being no one else who, having been duly sworn, wished to address the
Commission, the public hearing was closed.
Ms. McCarthy moved to table the Conditional Use request, seconded by Mrs.
Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mrs. McCarthy -
Yes; Mr. Perlman - Yes; Mr. Schwartz - Yes; Mayor Schmidt - Yes. Said motion passed with a
5 to 0 vote.
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At this point, the time being 7:00 p.m., the Commission considered the duly advertised Public
Hearings portion of the agenda.
10.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 8-00 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending the Land Development Regulations to allow parking lots
and pocket parks within residential
The City Manager presented Ordinance No. 8-00:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH BY AMENDING CHAPTER FOUR, "ZONING
REGULATIONS", SECTION 4.4.3, "SINGLE FAMILY
RESIDENTIAL (R-l) DISTRICTS", SUBSECTION 4.4.3(B),
"PRINCIPAL USES AND STRUCTURES PERMITTED";
AMENDING SECTION 4.4.5, "LOW DENSITY RESIDENTIAL
(RL) DISTRICTS", SUBSECTION 4.4.5(B), "PRINCIPAL USES
AND STRUCTURES PERMITTED"; AMENDING SECTION
4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT",
SUBSECTION 4.4.6(B), "PRINCIPAL USES AND
STRUCTURES PERMITTED"; AMENDING SECTION 4.4.17,
"RESIDENTIAL OFFICIAL (Re) DISTRICT", SUBSECTION
4.4.17(B), "PRINCIPAL USES AND STRUCTURES
PERMITTED"; ALL BY ADDING 'PARKING LOTS NOT
ASSOCIATED WITH A USE, PURSUANT TO AN ADOPTED
NEIGHBORHOOD OR REDEVELOPMENT PLAN' AS A
PERMITTED USE WITHIN THE RESPECTIVE ZONING
DISTRICTS AND BY ADDING 'POCKET PARKS' AS A
PERMITTED USE WITHIN ALL OF THE RESPECTIVE
ZONING DISTRICTS EXCEPT THE RESIDENTIAL OFFICE
(Re) DISTRICT; BY AMENDING APPENDIX "A", "DEFINI-
TIONS'', OF THE LAND DEVELOPMENT REGULATIONS TO
PROVIDE A DEFINITION FOR THE TERM 'POCKET PARK';
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 8-00 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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Mayor Schmidt declared the public hearing open. There being no one who
wished to address the Commission on this item, the public hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 8-00 on Second and FINAL Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes;
Mrs. McCarthy - Yes; Mr. Perlman - Yes; Mr. Schwartz - Yes; Mayor Schmidt - Yes. Said
motion passed with a 5 to 0 vote.
10.B. ORDINANCE NO. 9-00 (FIRST READING/TRANSMITTAL HEARING
FOR COMPREHENSIVE PLAN AMENDMENT 2000-1): Consider on first reading an
ordinance adopting Comprehensive Plan Amendment 2000-1, and authorize transmittal to the
State Department of Community Affairs. Amendment 2000-1 includes:
10.B.1.
Redevelopment Plan for the Lindell Boulevard/Federal Highway Area;
10.B.2. Future Land Use Map Amendment from MD (Medium Density 5-12 dwelling
units/acre) to TRN (Transitional) for Waterford Place, located south of Linton Boulevard,
east of 1-95; and
10.B.3. City initiated Future Land Use Map amendment from GC (General
Commercial), in part, and CMR (Commerce), in part, to GC (General Commercial) for
Home Depot, located south of Linton Boulevard, east of 1-95.
Prior to consideration of passage of this ordinance on FIRST Reading/Transmittal,
hearing has been scheduled to be held at this time.
The City Manager presented Ordinance No. 9-00:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, ADOPTING
COMPREHENSIVE PLAN AMENDMENT 2000-1 PURSUANT
TO THE PROVISIONS OF THE "LOCAL GOVERNMENT
COMPREHENSIVE PLANNING AND LAND DEVELOPMENT
REGULATION ACT", FLORIDA STATUTES SECTIONS
163.3161 THROUGH 163.3243, INCLUSIVE; AL AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED
"COMPREHENSIVE PLAN AMENDMENT 2000-1" AND
INCORPORATED HEREIN BY REFERENCE; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(Copy of Ordinance No. 9-00 is on file in the City Clerk's office.)
a public
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The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Mayor Schmidt declared the public hearing open. Speaking from the audience
were the following:
Paul Dorling, Principal Planner, gave an overview of the proposed amendments to
the comp plan.
Colleen Walter~ Kilday & Associates~ gave a brief explanation of the
redevelopment plan.
Jim Murray~ 951 Spanish Circle~ questioned what transitional means and how
traffic will be impacted by the redevelopment. In addition, he questioned what would be the
maximum allowed amount of apartments or condominiums in the specified areas.
Mr. Dorling responded to Mr. Murray's questions by stating that the comp plan is
comprised of three separate amendments, not just one amendment. If performance standards are
met that's contained in both the redevelopment plan and City code, the residential development
would allow up to 16 units an acre that would be based on the land area that's included in the
application for conditional use approval.
Robbin Swad~ 3497 Harbor Circle, stated that this plan is going to cause too
much congestion and create dangerous traffic conditions. She continued to ask if there were any
influences causing this possible change, and stated the property values will be lowered and will
make Delray Beach a less attractive area.
Jean Beer~ 2145 SW 25th Terrace~ stated the people that live in the specified
area are very concerned about the amendments to Lindell and Federal Highway. Placing a
residential area in between two commercial designated areas will cause traffic problems.
Mitch Boxer~ 740 Bayside Lane~ asked what other retail uses other than the
Walgreens are planned for the area.
Ms. Walter responded by stating the redevelopment plan is comprehensive
designation so there is no real specific uses that are identified as part of the redevelopment plan.
There is a conditional use application that has been filed as a combination of a Walgreens and
residential development, but, at this time, no other applications have been filed.
There being no one else who wished to address the Commission on this item, the
public hearing was closed.
There was brief discussion by Commission.
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Mrs. Archer moved to approve Ordinance No. 9-00 on FIRST Reading and
authorize transmittal of Comprehensive Plan Amendment 2000-1 to the State Department of
Community Affairs for review. The motion was seconded by Mr. Schwartz. Upon roll call the
Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes;
Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 5 to 0 vote.
11. Comments and Inquiries on Non-Agenda Items from the Public-Immediately
following Public Hearings.
ll.A.
City Manager's response to prior public comments and inquiries.
In response to the comment about restroom facilities being unavailable to Green
Market patrons during certain events being held at the Tennis Center, the City Manager
acknowledged that this did happen during the Citrix Tournament. During the planning process
for the tournament, City staff told the Green Market staff that they needed to get port-o-lets
because the Tennis Center restroom facilities would not be available. The Green Market failed
to get the port-o-lets, and that was the cause of the problem.
Responding to the inquiry about plans for Barwick Road, the City Manager stated
that Barwick Road is a County collector road. There are no scheduled improvements or
enhancements noted for the roadway in the City's Comprehensive Plan, the County's 5-Year
Roadway Plan or the Metropolitan Planning Organization's Year 2020 Long Range
Transportation Plan. All of these documents show the road remaining in its current two-lane
configuration.
In response to the inquiry about a variance for the Office Depot sign on the
northwest corner of Atlantic Avenue and Military Trail, the City Manager stated that the County
notified staff about this variance and sent copies of the drawings for the proposed sign. They
were reviewed by City staff and it was determined that the requested signage was similar to what
the City would allow under our master sign program. After discussing it, a letter was sent to the
County stating that the City did not object to the variance.
In response to the inquiry regarding the follow-up on the removal of a billboard at
Gas Depot at the northwest corner of Barwick Road and Atlantic Avenue, the City Manager
stated that the lease for the current billboard expires in approximately 2-1/2 years. It can be
renewed automatically unless the sign company receives written notice from the owners of their
intention to terminate the lease. A condition of the approval of this project was that a copy of
that written notification be provided to Planning and Zoning staff. At this time the ownership of
the property has not changed hands; the property is still under contract pending site plan
approval. Once the new owners take over, Planning and Zoning staff will work with them to
insure that the City receives notice of the lease termination. The City Manager also pointed out
that this situation is different than at Causeway Lumber in that the City asked the lumber
company to cooperate with us in removing that billboard, but we were not in a position to make
that a condition of the use approval.
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In response to the complaint about grant money being used for a Chatelaine
Homeowners presentation, the City Manager stated that the Chatelaine Homeowners Association
received a grant to do an entry feature into their neighborhood. They prepared a presentation to
the City Commission to express their appreciation to the City. The presentation consisted of a
number of pictures showing what the area looked like prior to the improvements, members of the
neighborhood and the community working to landscape and fix it up, and the finished product.
The Association asked City staff to convert the pictures to a Powerpoint format so that it would
make a better presentation. Staff did not edit it for content as we did not feel that was
appropriate, and simply took the time to put it together for them so that it could be done in
Powerpoint instead of slides or some other way.
In response to the question raised about the relationship between the MacArthur
grant and Visions 2010, the City Manager stated that Visions 2010 is an assembly of community
residents coming together to discuss citywide issues and problems and come to a consensus on
how to address them. The final product will be a fairly broad list of those concerns and recom-
mendations. The MacArthur grant funds a specific study of the Central Business District and the
West Atlantic Avenue corridor which will include the collection of data on traffic, parking,
market conditions and similar information. There will be consensus-building sessions to
determine appropriate uses and the intensity of development for the Central Business District and
to address the means of implementing the existing West Atlantic Avenue redevelopment plan.
The end product will be a document that will be a specific plan for future development of the
area. There will probably be some overlap in the list of participants for Visions 2010 and the
CBD study and in the types of issues that are raised. However, they are two separate processes.
Time-wise, the CBD study is not expected to be completed until sometime after the Visions 2010
assembly takes place so there does not appear to be potential difficulty in coordinating the two
events.
In response to the concern expressed regarding the composition of the Visions
2010 steering committee, the City Manager stated that one of the things the City Commission is
being asked to do on tonight's agenda is to appoint one at-large member to this committee. The
Commission has a list of persons appointed by the nominating committee. It appears to us that
the committee is fairly balanced with representation from the business community, African-
American community, various homeowner associations, and the Hispanic community.
Furthermore, the point at which we would be most concerned about broad base representation is
in the assembly itself. That will involve probably about 100 people, and we want to be sure that
we get every element of the community involved. There will also be a series of meetings leading
up to that to involve everyone who wants to participate in the process.
In response to the comment that no new evidence or information or analysis about
the potential Laver's Tennis purchase had come forth at the Commission level over the last few
weeks, the City Manager stated that staff is continuing to develop information. The Mayor has
asked that this matter be put on the April 1 lth workshop agenda so additional information will be
distributed either prior to or as part of the work session package for the Commission to review.
11.B. From the Public.
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ll.B.1. Irwin Rockoff~ 743 N.W. 23rd Lane~ congratulated the new City Commission
on the recent election and wished them all much success in dealing with the challenges lying
ahead. He felt that the numbers from the election demonstrate a strong desire for change from
the path that the prior Commission was following, and a need for equity in the system with
inclusion of the residents being affected, better means of communication with all of the people,
that appointed committees serve the function of guiding and providing the Commission with the
facts, issues and possible options, and that the final decision be that of the City Commission
representing all of the people all of the time.
ll.B.2. Rosetta Rolle~ 301 N.W. 3rd Avenue~ extended her best wishes to the new City
Commission. She stated that she was not entirely satisfied with the City Manager's response to
her expressed concerns about the Chatelaine presentation. She felt that if the City staff had a part
in preparing the presentation, then it should have been edited so that material was not included
which in her mind had racist and political overtones. Mrs. Rolle then commented how much she
would like to see a City garden or park on Atlantic Avenue, someplace of relaxation and a quiet
place to get away from the busy downtown.
ll.B.3. Alice Finst~ 707 Place Tavant~ responding to Mrs. Rolle's comments about a
downtown park, suggested that the Woman's Club be considered as a location for a downtown,
passive park area.
Mrs. Finst then inquired about the status of the Marine Way building at 1000
Lake Ida Road. The property is not being maintained and is often strewn with trash and debris.
Nothing seems to have changed since the last time she brought this up which was about six
months ago. Mrs. Finst felt that some action needs to be taken on this property and on others
where the liens are not taken care of and the property is not kept up to City standards.
ll.B.4. Gerald DeFoe~ 142 Mockingbird Lane in Country Manors~ stated that he and
the residents of Country Manors look forward to working constructively with the new City
Commission. In addition, Mr. DeFoe recommended a continuing safety effort as evidenced by
the proclamation presented to the Fire Department earlier in the meeting. In this respect,
enhancements at Fire Stations #4 and #2 as to personnel and equipment as may be needed in the
future should be kept in mind to insure Delray Beach remains the "safest city". Mr. DeFoe
further stated that he felt the earlier presentation by Mr. Harris of the MacArthur Foundation was
right on target and that he is very pleased to see that the City is pursuing the grant and its
intended purpose.
ll.B.5. Kevin Warner~ 248 Venetian Drive~ expressed his congratulations to the newly
elected City Commission. He stated that he is excited about working with this new group and
about the potential of what can be accomplished. He also expressed his gratitude for the access
he has found in being able to communicate with the Commission over the period of time he has
been in town, and he hoped that this would continue to be the case.
ll.B.6. John Bennett~ 137 Seabreeze Avenue~ on behalf of the Beach Property Owners
Association, offered his congratulations to the newly elected City Commission and wished them
Godspeed on this important endeavor. The BPOA looks forward to working with the new
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Commission and continuing a very successful working relationship on issues of interest to both
the City and the residents. On a personal note, Mr. Bennett then added his personal
congratulations and welcome to the Commission, commenting that even though he might not
have supported all of the new Commissioners, there was nothing personal involved; issues is
what it is all about. On that score, I envy you one important task which is in this era, where the
public at large at any level is very mistrustful of government, you have an opportunity to help
restore and enhance the reputation of City government. If you persevere in your endeavors in
this regard, particularly in deciding important City issues and expenditures in open manner and
not hiding things in agenda items that appear innocuous, his concern is with the appearance, not
what may actually happen. Usually it is the process that concerns me more than the actual
outcome if it is well considered and rationally based.
ll.B.7. Jean Beer~ 2145 S.W. 26th Terrace~ speaking as President of P.R.O.D.
congratulated the Commission on pursuing and supporting the MacArthur Grant. She felt this
was a wonderful start for the new Commission and that it is going to be one of the most
important things this City has done in a long time. PROD always had a real interest in trying to
get bus shelters in the City. She recognized that the City does not want advertising and the
County bus shelters and buses are loaded with it. This was in the Palm Beach Post, and PROD
has many people it would like to honor in some way; Pete Bowen who was a founder of PROD,
Dick Eckerle who was a founder of PROD, Jerry Marshall who spent many, many years working
with children in this city, and Art Jackel. These four people really deserve something and PROD
has been trying to figure out some way they could be honored. This was in the Palm Beach Post
and will be a different program; the MPO program will be different because the shelters will be
built with public money and no advertising will be required. It is a program the City has to sell
to Commissioner Aronson. This is an opportunity for municipalities to get part of $200,000 to
build 27 ad-free shelters. As she understands it, this is grant money and the City would have to
come up with matching money, with a maximum of $7,500. Ms. Beer doesn't know how far they
could go raising private money to help with the match and maybe some City money. They
would also have to look into what kinds of shelters are available; the City would have to
maintain them. She knows that the plastic benches are less maintenance. She stated they were
more expensive in the beginning, but is a better way to go. She recommended Jayne King, her
secretary, who would very much like to work with the City and she believes that they have a
staff person who works with grants. Ms. King would like to work with him on this project. Joe
Weldon told Ms. Beer they had benches in the downtown area they were going to dispose of
because of maintenance problems. Ms. Beer requested not to dispose of them because there are
no places for people to sit at bus stops. Ms. Beer asked those benches be used as long as they
last and put them temporarily at the most trafficked bus stops, and she would like to work with
the city in any way.
ll.B.8. Josh Smith~ Jr. 3616 Avenue DeGiem extended his congratulations to the
newly elected members of the City Commission. In regard to Visions 2010 and the modification
of the CBD plan, including the West Atlantic Avenue corridor, tremendous emphasis is going to
be placed on the development of West Atlantic Avenue. With regard to the West Atlantic
Avenue development, minority citizens have become pretty passionate about having an equal
stake with regard to the West Atlantic Avenue development. ! have indicated to Diane
Dominguez that if, in fact, there is any semblance of minority citizens having an equal stake, it is
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not going to adversely impact the CBD plan. I've indicated to her that the CBD plan was very,
very thorough and it reflects obviously a tremendous amount of effort and work, and I can't see
anything changing with regard to that. so if, in fact, minority citizens are given some semblance
of an equal stake, it will not adversely impact the CBD plan, but it will give them a greater voice
in determining the development of West Atlantic Avenue. Relative to the members of the
nominating committee, the question has been asked how was the nominating committee ... how
were the members of the nominating committee determined. Relative to the members of the
nominating committee who will determine who the steering committee members will be,
minority citizens will be far from having anything resembling an equal stake, so we would
implore the Commission and the City Manager to, if at all possible, review how the process is
structured and hopefully, modify the process to give minority citizens a greater voice, especially
with regard to the development of West Atlantic Avenue.
ll.B.9. Henry Williams~ 310 N.W. 3rd Avenue~ congratulated the newly elected
members of the City Commission. Mr. Williams then asked the City Manager how the people
were selected to serve on the Visions 2010 steering committee?
The City Manager responded that the five City Commissioners, the City Attorney
and he each selected one person from seven areas of the City. That one person was asked to
nominate two people to sit on the steering committee. The City Commission will add one at-
large member to make a total of fifteen (15) members. He stated that there are four African-
Americans on the committee and one Hispanic.
Mr. Williams stated that he felt there should be greater minority representation,
especially when it comes to the one hundred people who are going to participate in Visions 2010.
12.
First Readings: None
At this point, the Commission returned to Item 9.C. on the Regular Agenda.
9.C. SPECIAL EVENT REQUEST/CINCO DE MAYO FIESTA: Consider a
request for special event approval to allow the Cinco de Mayo Fiesta to be held on Saturday,
May 6, 2000, including use, set-up and take-down of the large City stage, staff support for
security and waiver of security costs.
Robert A. Barcinski, Assistant City Manager, gave an overview of the special
event request. This is the second year for the fiesta that is proposed for Saturday, May 6th, from
1:00 p.m. until 10:00 p.m. on the grounds at Old School Square. He noted there will be no
barricading needed or street closures. The event committee will be responsible for clean-up,
liability insurance and event management. City staff can set up and take down the stage during
regular hours. Police security will be provided at the overtime rate at an estimated cost of about
$1,500.00. Since this is a fairly new event, the organizers have requested waiver of security
costs. The staff recommendation is for approval of the event as requested, including
consideration of the waiver of overtime costs, subject to receipt of the required liability insurance
and hold harmless agreement.
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Mrs. Archer moved to approve the special event request for Cinco de Mayo Fiesta
as recommended by staff, including waiver of overtime costs. The motion was seconded by Mr.
Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman -
Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed with a 5
to 0 vote.
9.D. SPECIAL EVENT REQUEST/LEUKEMIA AND LYMPHOMA SOCIETY
ANNUAL 2K WALK: Consider a request for special event approval to allow the Leukemia
and Lymphoma Society Annual 2K Walk to be held on September 21, 2000, including a
temporary use permit for the use of the sidewalks along A1A and Anchor Park, staff support,
consideration of waiving overtime costs and the request to use Sandoway Park for overflow
parking.
Robert A. Barcinski, Assistant City Manager, gave an overview of the special
event request, noting that this is a first time event.
Mrs. Archer moved approval of the event, the temporary use permit, use of
Anchor Park for set-up and parking on the condition that an insurance certificate and hold
harmless agreement are provided, including the waiving of overtime fees and the request to
utilize Sandoway Park for overflow parking, and subject to the staff's recommendation,
seconded by Mr. Schwartz. Upon roll call the Commission voted as follows: Mr. Perlman - Yes;
Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said
motion passed with a 5 to 0 vote.
9.E. VISIONS 2010 STEERING COMMITTEE APPOINTMENT: Consider the
appointment of an at-large member to the Steering Committee for the Visions 2010 Planning
Retreat.
Mayor Schmidt stated he was contacted by Sandy Simon and asked he be
considered as an appointee to the steering committee.
Mrs. Archer recommended to appoint a Commissioner to the steering committee.
Mrs. Archer made a motion recommending the appointment of Sandy Simon as an emeritus
advisor (non-voting member) on the steering committee, seconded by Mr. Schwartz.
Mr. Perlman recommended appointing a Haitian member to the committee
because the community is primarily Haitian, and a Youth Council member to bring a different
perspective.
There was Commission discussion.
Ms. Archer revised her motion to indicate to include an additional person in the
form of Sandy Simon to participate on the steering committee however the committee would like
to see that take place, seconded by Mr. Schwartz.
Commission discussion continued.
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Mr. Schwartz moved to expand the Visions 2010 Steering Committee to add a
Youth Council member with full voting capacity, seconded by Ms. McCarthy. Upon roll call the
Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes;
Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote.
Mr. Perlman moved to appoint Daniella Henry to the Visions 2010 Steering
Committee, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz -
Yes. Said motion passed with a 5 to 0 vote.
9oFo
INTEREST IN HEALTH CARE DISTRICT BOARD NOMINATION:
There was a consensus of the Commission to nominate Ms. McCarthy to the
Health Care District Board. Ms. McCarthy will decide by April 7, 2000 whether or not she will
be able to serve on the board.
9oGo
COMMISSION LIAISON TO DELRAY BEACH PUBLIC SCHOOLS:
Consider Mayor Schmidt's suggestion that each member of the Commission adopt a Delray
Beach public school and sit on that school's advisory committee.
Ms. Schwartz requested to adopt the Orchard View Elementary School.
Ms. McCarthy requested to adopt Carver Middle School, and act as monitor at
Spady Elementary School.
Mr. Perlman requested to remain on Pine Grove Elementary School's advisory
committee, and act as a monitor at Banyan Creek Elementary School.
Mrs. Archer requested to adopt Plumosa Elementary School and Village
Academy when completed.
Mayor Schmidt requested to adopt Atlantic High School.
9.H. APPOINTMENT TO THE PLANNING AND ZONING BOARD: Appoint a
member to the Planning and Zoning Board to fill an unexpired term ending August 31, 2000.
The appointment will be made by Commissioner Schwartz (Seat #3).
Mr. Schwartz moved to appoint Dwayne Randolph to the Planning and Zoning
Board to fill an unexpired term ending August 31, 2000, seconded by Ms. McCarthy. Upon roll
call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer -
Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
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9.1. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint an
alternate member (layperson) to the Code Enforcement Board to fill an unexpired term ending
January 14, 2002. The appointment will be made by Commissioner McCarthy (Seat #4).
Ms. McCarthy moved to appoint Josh Smith, Jr. as an alternate member
(layperson) to the Code Enforcement Board to fill an unexpired term ending January 14, 2002.
Mrs. Archer seconded the motion with the understanding that Mr. Smith and she will be meeting
to discuss resolutions to code violations, and this meeting should take place prior to the April 18,
2001 Commission meeting.
There was Commission discussion.
Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer
- Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed
with a 5 to 0 vote.
9.J. RESOLUTION NO. 33-00: Consider approval of a resolution requesting that
the State Legislature approve and adopt the Building Officials Association of Florida's position
on the Florida Building Code.
The City Manager presented Ordinance No. 33-00:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REQUESTING THAT THE
FLORIDA STATE LEGISLATURE APPROVE AND ADOPT
THE BUILDING OFFICIALS ASSOCIATION OF FLORIDA'S
POSITION ON THE FLORIDA BUILDING CODE, WHICH
POSITION IS SET FORTH IN EXHIBIT "A" ATTACHED
HERETO; PROVIDING FOR AN EFFECTIVE DATE.
(The official copy of Ordinance No. 8-00 is on file in the City Clerk's office.)
Mrs. Archer moved to approve Resolution No. 33-00, seconded by Mr. McCarthy.
Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms.
McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0
vote.
9.K. EDUCATION BOARD
RECOMMENDATION/PROPOSED
BOUNDARIES FOR CARVER MIDDLE SCHOOL: Accept the Education Board's
recommendations concerning expansion of the magnet program and proposed boundaries for
Carver Middle School, and authorize same to be forwarded to the Palm Beach County School
Board.
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Mr. Perlman stated that the item is extremely important and should be handled
properly. There is an opportunity here if the City lobby's as much as possible to protect Delray's
interest. Not supporting this item heavily will harm this school's magnet program.
Mrs. Archer made a motion to direct the City Manager to compose a letter
addresses to the School Board indicating the City's position on Carver Middle School, putting
forth the Commission's suggestions to hold the student count to something that's manageable
that would protect the program. Mr. Perlman moved to accept the Education Board's
recommendations, seconded by Ms. McCarthy.
Jean Beer~ 2145 SW 25th Terrace~ representing PROD~ asked for suggestions
for funding assistance from the Commission.
Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms.
McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion
passed with a 5 to 0 vote.
13.
Comments and Inquiries on Non-Agenda Items.
13.A. City Manager.
In regards to Carver Middle School, Mr. Harden mentioned the draft agreement
on school concurrency, which limits all schools throughout the county to a maximum of 110%,
should be another reason why the Education Board should attempt to achieve. Leo Noble will be
attending the next workshop meeting to familiarize the Commission on the agreement. In
addition, West Palm Beach's vote on the agreement was premature and is not final as of yet.
13.B. City Attorney.
The City Attorney had no comments or inquiries.
13.C.
City Commission.
13.C.1. Commissioner Archer stated she was contacted by a Carver Middle School
student, Jason Russ, who will be bringing his class into the workshop next week. They will be
presenting to the Commission an overview of their project on naming the solar system. The
Commission having completed their first meeting as a unified commission, Ms. Archer stated
she is very excited about being there.
13.C.2. Commissioner Perlman stated he was receiving a lot of phone calls regarding
the Lavers project, and is wondering when the Commission will be receiving information for the
decision making process. In addition, he read in the Sun Sentinel regarding the City winning an
award from the Small Business Administration and Main Street Program. He also attended a
banquet for board members and spoke to Mr. Dick Eckerly where he received an ovation for his
services over the years.
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13.C.3. Commissioner Schwartz complimented Mr. Eckerly on his accomplishments. In
addition, Mr. Schwartz stated that he thought our community is concerned with the potential
acquisition of the tennis courts and has many concerns. He would like to reassured by the City
Attorney and City Manager that the community will be the ones negotiating on this issue and a
qualified MAI appraiser to do the appraisal. There have also been rumors that the building is
termite infested and the appraiser will determine that.
13.C.4. Commissioner McCarthy stated she had also read the article in the newspaper
for Las Olas and Delray Beach that mentioned recognition of having two outstanding main
streets for their downtown areas. Ms. McCarthy stated that when the workshop takes place
regarding the purchase of the tennis courts, that previous sales prices should be available.
13.C.5. Mayor Schmidt commented on the Carver Middle School project regarding
naming the solar system. He is looking forward to working with this new Commission.
at 9:00 p.m.
There being no further business, Mayor Schmidt declared the meeting adjourned
ATTEST:
City Clerk
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the minutes of the City Commission meeting held on April 4, 2000, which
minutes were formally approved and adopted by the City Commission on
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.
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13.C.3. Commissioner Schwartz complimented Mr. Eckerly on his accomplishments. In
addition, Mr. Schwartz stated that he thought our community is concerned with the potential
acquisition of the tennis courts and has many concerns. He would like to reassured by the City
ARgrney and City Manager ~at the Community will. be the 9nes negotiating on this issue_and a
qualified MAI appraiser to do the appraisal. There have also been rumors that the building is
termite infested and the appraiser will determine that.
13.C.4. Commissioner Mc, Carthy stated she had al'so read the articte in the' newspaper
for Las Olas and Delray Beach that mentioned recognition of having two outstanding main
streets for their downtown areas. Ms. McCarthy stated that when the workshop takes place
regarding the purchase of the tennis courts, that previous sales prices should be available.
13.C.5. Mayor Schmidt commented on the Carver Middle School project regarding
naming the solar system. He is looking forward to working with this new Commission.
at 9:00 p.m.
ATTEST:
There being no further business, Mayor Schmidt declared the meeting adjourned
City Clerk
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the minutes of the City Commission meeting held on April 4, 2000, which
adopted by the City Commission on
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 aider review and approval which may involve some amendments, additions
or deletions.
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