08-01-00AUGUST 1, 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, August 1, 2000.
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 Nancy
Norman with Unity Church of Delray Beach.
3. The Pledge of Allegiance to the flag of the United
States of America was given.
o
Agenda Approval.
Hr. Schwartz moved to approve the agenda as presented,
seconded by Hr. Perlman. 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.
o
Approval of Minutes: None
o
Proclamations:
6.a.
Recognizing and commending the Lifeguard Emergency
Medical Service Competition Team on their First Place finish in
the 2000 Emergency Medical Foundation International Basic Life
Support Competition.
Hayor Schmidt read a proclamation recognizing and
commending the four members of the Lifeguard EMS Competition
Team (Walter Baum, Ocean Rescue Officer EMT; Paul Milne, Ocean
Rescue Officer EMT; Tyler Adams, Ocean Rescue Officer EMT; Eric
Feld, Operations Supervisor EHT) on their first place finish at
the 2000 Clin-Con Competition held in Orlando, Florida, on July
14, 2000.
Rich Connell, Beach Supervisor, along with Messrs.
Baum, Milne, Adams and Feld, came forward to accept the
proclamation. Hayor Schmidt presented same and extended his
congratulations on a job well done and for the team's
outstanding representation of the City of Delray Beach.
6.S.
Recognizing and commending the players and coaches of
the Delray Beach Youth Basketball Program for their outstanding
representation of the City of Delray Beach.
Hayor Schmidt read and presented a proclamation in
recognition of the numerous accomplishments achieved by the
players and coaches of the Delray Beach Youth Basketball Pro-
gram, including the various divisions of the regular season
basketball teams as well as the traveling teams. Ail of the
players and coaches are to be commended for their outstanding
representation of the City of Delray Beach.
On behalf of the Youth Basketball Program, Mrs. Zerle-
an Williams expressed her appreciation to the City Commission
for the recognition given to the young people participating in
the program. She expressed great pride at the effort put forth
by all of the players and for their achievements both on and off
the court. Hrs. Williams emphasized that every child in the
program maintained a grade point average of at least 2.50, with
the majority having a higher GPA, and learned life skills as
well as basketball skills.
Presentations:
7.a.
Overview of the Finance Department.
Milena Walinski, CFGO, Acting Finance Director, pre-
sented an overview of the various functions of the Finance
Department, including the services provided by the department,
duties and responsibilities, and future goals.
7.S.
Overview of Administrative Services.
Robert A. Barcinski, Assistant City Manager, presented
an overview of the various functions of the Administrative
Services Division, including the services provided by the
department, duties and responsibilities, and future goals.
-2- 8/01/00
o
CONSENT AGENDA: City Manager recommends approval.
RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS: Ratify the various ac-
tions approved by the South Central Wastewater Treatment and
Disposal Board at the quarterly meeting of July 20, 2000.
8.B.
INTERLOCAL AGREEMENT WITH SCRWTD BOARD/JOINT USE OF
INTRACOASTAL PIPELINE CROSSING: Approve an interlocal agreement
between the City and the South Central Regional Wastewater
Treatment and Disposal (SCRWTD) Board that provides for joint
use of an existing 24" force main Intracoastal crossing.
8.C. INTERLOCAL AGREEMENT WITH SOLID WASTE AUTHORITY/
RECYCLING AND GRANT MANAGEMENT: Approve an interlocal agreement
between the City and the Solid Waste Authority of Palm Beach
County that provides for the terms of the municipal recycling
program, including grant application and management, for the
period ending September 30, 2005.
8.D.
PUBLIC AGENCY COMMUNITY SERVICE AGREEMENT WITH PALM
BEACH COUNTY COURT/OCEAN RESCUE DIVISION: Approve a Public
Agency Agreement with the Courts of the 15th Judicial Circuit
that provides for the Ocean Rescue Division's participation in
the Palm Beach County Court Community Service Program.
8.E.
RESOLUTION NO. 58-00 (VANTAGEPOINT PAYROLL ROTH IRA
PROGRAM): Approve a resolution providing for an amendment to
the restated ICMA Retirement Corporation Deferred Compensation
Plan and Trust (adopted by Resolution No. 88A-96) to provide for
City employee participation under the ICMA Vantagepoint Payroll
Roth Individual Retirement Account program.
The caption of Resolution No. 58-00 is as follows:
A RESOLUTION OF THE CITY COHHISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR
THE AMENDMENT TO THE RESTATED ICMA RETIRE-
MENT CORPORATION DEFERRED COMPENSATION PLAN
AND TRUST (PLAN) WHICH WAS ADOPTED BY
RESOLUTION 88A-96 AND AMENDING SAID PLAN TO
PROVIDE FOR CITY EMPLOYEE PARTICIPATION
UNDER THE ICMA VANTAGEPOINT ROTH INDIVIDUAL
RETIREMENT ACCOUNT PROGRAM; PROVIDING FOR
THE ADOPTION OF THE LETTER AGREEMENT
AMENDING THE PLAN; PROVIDING FOR THE
-3- 8/o~/oo
INCLUSION OF THE VA_NTAGEPOINT ICNLA PROGRAM
NLATERIALS AS ADOPTED A_ND INCORPORATED IN THE
LETTER AGREEMENT PERTAINING TO ROTH IRAS;
PROVIDING THAT ALL OTHER TERMS OF THE
PREVIOUSLY RESTATED ICNLA RETIREMENT
CORPORATION DEFERRED COMPENSATION PLAN AND
TRUST NOT IN EXPRESS CONFLICT WITH THE ICNLA
VANTAGEPOINT PAYROLL ROTH INDIVIDUAL
RETIREMENT ACCOUNTS PROGRAM SHALL RENLAIN IN
FULL FORCE AND EFFECT; PROVIDING FOR AN
EFFECTIVE DATE.
(The official copy of Resolution No. 58-00 is on file
in the City Clerk's office.)
8.F.
SUBORDINATION POLICY AND PROCEDURES FOR CDBG/SHIP
GRANTEES: Approve a Subordination Policy and Procedures to be
followed by the Community Development Division when homeowners
assisted by Community Development Block Grant (CDBG) and/or
State Housing Initiatives Partnership (SHIP) funds request that
the City subordinate its second mortgage position.
8.G.
RELEASE OF LIENS ON PROPERTY AT 217 S.W. 6TH AVENUE:
Approve the release of administrative fees and interest in the
amount of $1,018.28 from nuisance abatement liens against vacant
property located at 217 S.W. 6th Avenue to support the construc-
tion of a single family affordable housing unit, subject to plan
approval and issuance of building permits.
8.H.
AUTHORIZATION TO EXCEED MAXIMUM SUBSIDY AMOUNT AND
APPROVAL OF FUNDING AWARD UNDER THE DELRAY BEACH RENAISSANCE
PROGRAM: Authorize and approve a funding subsidy that is $5,000
in excess of the maximum allowable under the Renaissance Program
Hemorandum of Understanding in order to increase the
affordability of a new construction unit on S.W. 13th Avenue.
8.I.
SERVICE AUTHORIZATION #5/ROBERT G. CURRIE PARTNERSHIP
(SARAH GLEASON PARK IMPROVEMENTS): Approve Service Authoriza-
tion #5 in the amount of $20,750.00 with Robert G. Currie Part-
nership for design services relative to the Sarah Gleason Park
Improvements project, with funding from 334-4181-572-34.90
(General Construction Fund/Sarah Gleason Park).
8.0.
CLOSEOUT CHANGE ORDER #1 AND FINAL PAYMENT/MAN-CON,
INC. (SW 8TH AVENUE/SW 4TH STREET INFRASTRUCTURE IMPROVEMENTS):
Approve closeout Change Order ~1 in the amount of $49,851.58 and
final payment in the amount of $63,607.97 to Han-Con, Inc. for
-4- 8/01/00
completion of the SW 8th Avenue/SW 4th Street Infrastructure
Improvements project, with funding in the amount of $18,756.29
from 442-5178-536-61.78 (Water Distribution Improvements) and
$44,851.58 from 334-3162-541-63.11 (General Construction Fund -
Bikepaths/ Sidewalks).
8.K.
CLOSEOUT CHANGE ORDER #1 AND FINAL PAYMENT/CHAZ EQUIP-
MENT COMPANY (REPAIRS TO LIFT STATIONS): Approve closeout
Change Order #1 in the amount of $9,677.00 and final payment in
the amount of $11,077.20 to Chaz Equipment Company, Inc. for
completion of the Lift Station #6 and #22 Repairs project, with
funding from 442-5178-536-63.51 (Water & Sewer R&R/Sewer Mains).
8.L.
CLOSEOUT CHANGE ORDER #1 AND FINAL PAYMENT/LINE-TECH,
INC. (WATER SERVICE PLUMBING CONNECTIONS/RELOCATIONS): Approve
closeout Change Order ~1 in the amount of $7,800.00 and final
payment in the amount of $8,949.10 to Line-Tech, Inc. for
completion of the Water Service Plumbing Connections/
Relocations project, with funding in the amount of $1,149.10
from 442-5178-536-65.17 (Water Service Relocations) and $7,800
from 442-5178-536-63.50 (Water Line Upgrades).
8.M.
CLOSEOUT CHANGE ORDER #1 AND FINAL PAYMENT/MARINE
ENGINEERING CONTRACTORS (CHEMICAL STORAGE BUILDING): Approve
closeout Change Order ~1 in the net deduct amount of $12,500.00
and final payment in the amount of $2,510.10 to Harine Engineer-
ing Contractors, Inc. for completion of the Water Treatment
Plant's Dry Chemical Storage Building project, with funding from
441-5161-536-63.73 (W&S Capital Outlay/Chemical Storage Build-
ing}.
8.N.
REVIEW OF APPE~LE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development
Boards for the period July 24th through July 28, 2000.
8.0.
ACCEPTANCE OF PAYMENT FROM GEE & JENSON CONCERNING
KNOWLES PARK BOAT RAMP: Accept payment in the amount of $42,000
from Gee & Jenson with respect to the Knowles Park boat ramp
project.
8.9.
AWARD OF BIDS AND CONTRACTS:
Purchase award in the amount of $34,531.83 to
Safety Equipment Company, via City of Orlando
Agreement, for the purchase of 32 sets of fire-
fighting protective gear (coat and pants), with
funding in the amount of $2,150.41 from 001-2313-
-5- 8/01/00
522-52.22 (Fire/Highland Beach - Uniforms/Linen
Service), $31,131.82 from 001-2315-526-52.22
(Fire Operations - Uniforms/Linen Service), and
$1,249.60 from 001-2317-522-52.22 (Fire Safety -
Uniforms/Linen Service).
o
Purchase award in the amount of $11,722.00 to JC
White Office Furniture, via State of Florida
contract, for the purchase of workstations and
lateral files to complete the City Clerk's Office
renovations, with funding from 001-1411-512-64.10
(City Clerk/Office Furniture & Fixtures).
Mr. Schwartz moved to approve the Consent Agenda,
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.
At this point, the time being 6:57 p.m., Hayor Schmidt
declared a short recess in the meeting.
Hayor Schmidt reconvened the meeting at 7:00 p.m., at
which time the City Commission moved to the duly advertised
Public Hearings portion of the agenda.
10.
PUBLIC HEARINGS:
10.A. COHHUNITY DEVELOPMENT BLOCK GRANT 5-YEAR CONSOLIDATED
PLAN AND ANNUAL ACTION PLAN: Conduct a public hearing and
consider approval of the CDBG 5-Year Consolidated Plan (October
2000 to September 2005) and Annual Action Plan (FY 2001).
Prior to consideration of passage of this item, a public hearing
has been scheduled to be held at this time.
Lula Butler, Director of Community Improvement, ex-
plained the process by which both the 5-Year Consolidated Plan
and the annual plan are put together and the efforts made to get
input from the community on what the needs really are. The 5-
Year Consolidated Plan represents the strategy that will be used
for the implementation of the identified goals and objectives,
while the Annual Action Plan describes how the CDBG funds will
be used in the coming year to meet the identified needs on a
priority basis.
Hs. HcCarthy commented that there is a police and
teachers certification program available now that allows certain
-6- 8/01/00
areas to become qualified for financing to help bring people who
do these jobs into certain neighborhoods within the City. She
asked if this program would be addressed in the plan as well?
In response, Mrs. Butler stated that this is a relatively new
program for which staff will soon receive training on how to
become involved with it.
At this point, Hayor Schmidt opened the public hear-
ing. There being on one who wished to address the Commission on
this issue, the public hearing was closed.
Mrs. Archer moved to approve the Community Development
Block Grant 5-Year Consolidated Plan and Annual Action Plan,
seconded by Mr. Perlman.
Prior to roll call, Ms. McCarthy asked that the motion
be amended to include that the City will target getting approved
for the police and teachers certification program through HUD,
and also that a map for the neighborhoods west of 1-95 be
included as part of the target area. Hrs. Butler indicated that
the plan document could be amended accordingly prior to it being
submitted. Hrs. Archer amended her motion to include the police
and teachers certification program. Hr. Perlman amended his
second. Upon roll call the Commission voted as follows: Hr.
Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr.
Perlman - Yes; Mrs. Archer - 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.
11 .A.
City Manager's response to prior public comments and
inquiries.
ries.
There were no responses to prior comments and inqui-
11 .B.
From the Public.
ll.B.1. Mary Lou Ciambriello, 721 Lindell Boulevard, who
stated that she was extremely distressed about the speeding
traffic along Lindell Boulevard. She has made repeated com-
plaints and did not feel that the problem was being addressed.
She felt that the speeding was seriously out of hand and asked
how the City intended to address this problem?
Hayor Schmidt responded that the City Engineer is
-7- 8/01/00
putting together a plan to deal with traffic calming measures in
general throughout the City. Once the plan is ready, staff will
be working with the various neighborhoods to see what
specifically can be done in different situations. Hayor Schmidt
further stated that the Police Department has the Traffic Task
Force which has overtime money budgeted for next year to go out
and do selective enforcement.
In further response, the City Manager reported on what
has been done on Lindell Boulevard. In the last two years the
mobile traffic monitoring patrol has spent 220 man hours there,
they have issued 510 warning letters. Selective enforcement has
been conducted over the last two years on 51 occasions. The
accident history shows eight minor traffic crashes, none of
which were related to speed, and with no injuries. Ail crashes
were either careless driving or failure to yield. The average
speed on Lindell Boulevard is 30.75 miles per hour. The Police
Department was out there yesterday for four hours, from 11:00
a.m. until 3:00 p.m. There were 1,904 that passed the trailer.
The average speed was 28.5 miles per hour. Nonetheless, that is
not to say that people do not speed on Lindell Boulevard.
ll.B.2. Henry Williams, 310 N.W. 3rd Avenue, commented that he
has observed both Police officers and Code Enforcement officers
speeding through his neighborhood in the vicinity of N.W. 3rd
Avenue and N.W. 3rd Street. He felt that if a community was
made aware of a Police presence, it would help to slow things
down.
ll.B.3. Jerry Franciosa, 939 Eve Street, commented that he,
too, has observed Police officers speeding through town and felt
that this should be looked into.
Hr. Franciosa then asked why the bathrooms at the
Tennis Center were closed during the First Night event?
ll.B.4. John Bennett, 137 Seabreeze Avenue, asked that the
City look into what might be done to realistically time the
traffic signals at the Intracoastal bridges to work more in
concert with the gate arms after a bridge comes down. Many
times the gate goes up but the light stays red longer so many
people choose to ignore it and head over the bridge.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 18-00: An ordinance designating the
Atlantic Avenue Bridge, located at East Atlantic Avenue and the
-8- 8/Ol/OO
Intracoastal Waterway, to the Local Register of Historic Places.
If passed, a public hearing will be scheduled for August 15,
2000.
The City Manager presented Ordinance No. 18-00:
AN ORDINANCE OF THE CITY COHHISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, DESIGNATING
THE ATLANTIC AVENUE BRIDGE LOCATED AT EAST
ATLANTIC AVENUE AND THE INTRACOASTAL WATER-
WAY, AS MORE PARTICULARLY DESCRIBED HEREIN,
AS A LOCAL HISTORIC SITE TO BE LISTED IN THE
LOCAL REGISTER OF HISTORIC PLACES; PROVIDING
FOR THE AMENDMENT OF THE "ZONING MAP OF
DELRAY BEACH, FLORIDA, 1994" TO SHOW THE
HISTORIC DESIGNATION IN AN OVERLAY MANNER;
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 18-00 is on file
in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Acting Director of Planning and Zoning,
stated that the detailed designation report for the Atlantic
Avenue Bridge outlines the historic and cultural significance of
the bridge. The Historic Preservation Board considered the
designation at a public hearing on July 19, 2000, and voted
unanimously to recommend historic designation to the City
Commission.
Hr. Schwartz expressed concern that if the Atlantic
Avenue Bridge, as well as the George Bush Boulevard Bridge, were
to be designated as historic structures, there might be some
unfavorable ramifications with respect to what can and cannot be
done insofar as repairs and maintenance are concerned. He felt
that additional information needed to be obtained from the
appropriate authorities before the Commission voted to make any
kind of decision on the matter.
After discussion, it was the consensus of the Commis-
sion to direct staff to look into what, if any, impact an
historic designation would have on repairs or maintenance, and
report back to the Commission at second reading of the ordinance
on August 15th when a final decision would be made.
-9- 8/01/00
Mr. Perlman moved to approve Ordinance No. 18-00 on
FIRST Reading, 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.
12.B. ORDINANCE NO. 19-00: An ordinance designating the
George Bush Boulevard Bridge, located at George Bush Boulevard
and the Intracoastal Waterway, to the Local Register of Historic
Places. If passed, a public hearing will be scheduled for
August 15, 2000.
The City Manager presented Ordinance No.19-00:
AN ORDINANCE OF THE CITY COHHISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, DESIGNATING
THE GEORGE BUSH BOULEVARD BRIDGE LOCATED AT
GEORGE BUSH BOULEVARD AND THE INTRACOASTAL
WATERWAY, AS MORE PARTICULARLY DESCRIBED
HEREIN, AS A LOCAL HISTORIC SITE TO BE
LISTED IN THE LOCAL REGISTER OF HISTORIC
PLACES; PROVIDING FOR THE AMENDMENT OF THE
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"
TO SHOW THE HISTORIC DESIGNATION IN AN
OVERLAY MANNER; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 19-00 is on file
in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
It was the consensus of the City Commission to treat
this ordinance in the same manner as Ordinance No. 18-00.
For the record, Mr. Dorling noted that the Historic
Preservation Board considered the designation at a public hear-
ing on July 19, 2000, and voted unanimously to recommend the
historic designation to the City Commission.
Mr. Perlman moved to approve Ordinance No. 19-00 on
FIRST Reading, seconded by Mrs. Archer.
Prior to roll call, Mrs. Archer urged everyone to go
up and take a look at what has been done to the area surrounding
the Ocean Avenue Bridge in Boynton Beach. She felt that was a
-10- 8/Ol/OO
perfect example of why it is important to try to keep that from
happening to both the Atlantic Avenue and 8th Street bridges.
Upon roll call the Commission voted as follows: Hayor
Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr.
Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed with a 5
to 0 vote.
At this point, the time being 7:40 p.m., the Commis-
sion moved to Item 9., Regular Agenda.
o
REGULAR AGENDA:
9.a.
PARKING MANAGEMENT ADVISORY BOARD RECOMMENDATION/BEACH
PARKING LOTS: Consider a recommendation from the Parking
Management Advisory Board with respect to the closing time for
the Sandoway and Marriott beach parking lots.
Robert A. Barcinski, Assistant City Manager, stated
that the Commission is being asked to consider a recommendation
from the Parking Management Advisory Board to set closing times
for the Sandoway and Harriott beach parking lots at 10:00 p.m.
on a trial basis from August 7, 2000 through January 31, 2001.
In formulating this recommendation, the Board considered Hs. Jay
Slavin's request to set a definitive, later closing time for the
beach lots as well as letters of opposition from Hr. Kevin
Warner and the Beach Property Owners Association. The BPOA
recommended an 8:00 p.m. closing time during daylight savings
time and a 6:00 p.m. closing time during standard time for all
of the beach lots. Hr. Barcinski noted that the staff recommen-
dation was to close the Sandoway and Harriott parking lots at
9:00 p.m. versus 10:00 p.m., and accept the BPOA's recommenda-
tion for the remainder of the beach lots. The Parking Manage-
ment Advisory Board, however, voted for the 10:00 p.m. closing
time. The recommendation from the City Hanager is to close the
Harriott parking lot at 10 p.m., but to take no action on the
other lots until more data is collected
The City Hanager added that the casual observation has
been that there is a great deal of parking available once you
get away from the intersection at Atlantic Avenue and Ocean
Boulevard. Before making a change that would impact adjacent
residents, he felt that a closer look needed to be taken both
now and in the season to determine if there is a demand to have
the lots remain open later. With respect to the Marriott lot,
however, he felt it would be very appropriate to allow the
general public to park there until 10:00 p.m.
-11- 8/Ol/OO
A lengthy discussion by the Commission followed, after
which Mrs. Archer moved to approve that the Marriott parking lot
remain open until 10:00 p.m. and that the closing time for the
other beach lots be set at 8:00 p.m. during daylight savings
time and 6:00 p.m. during standard time until such time as a
study is done and another recommendation comes forward from the
Parking Management Advisory Board. Mr. Perlman seconded the
motion for discussion.
On further discussion there was general agreement that
this is a complicated issue with numerous possibilities to be
looked at and considered in the formulation of any recommenda-
tions. With the parking planner coming on board in October, it
should be feasible to do a trial during the upcoming season. In
the interim, Hs. HcCarthy suggested that the beach lots remain
open until 8:00 p.m. year round starting right away, except that
the Marriott lot would remain open until 10:00 p.m. Mrs. Archer
amended her motion to accept this change. Hr. Perlman amended
his second to accept the change.
Upon roll call the Commission voted as follows: Hr.
Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms.
McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a
5 to 0 vote.
9.B. PERMANENT STREET CLOSURE OF EVE STREET: Consider
approval of the permanent street closure of Eve Street, between
South Federal Highway and Spanish Trail, based upon the findings
and recommendation of the Planning and Zoning Board.
Paul Dorling, Acting Director of Planning and Zoning,
stated that in August of 1995 the Planning and Zoning Board held
a public hearing regarding the temporary closure of Eve Street.
The temporary closure has been in place since that time and,
recently, the Tropic Isle Civic Association requested that the
closure become permanent. The proposal submitted by the
Association is to install a permanent barrier consisting of a
white decorative aluminum fence with a 12 ft. wide gate, a 3 ft.
wide pedestrian opening, and approximately 7 feet of fencing.
The gate will be equipped with a knox box for Fire Department
access. The Tropic Isle Civic Association will bear the costs
incurred by the improvements, including materials, installation
and maintenance. The Planning and Zoning Board considered the
request at a public hearing on July 17, 2000, and voted 5 to 0
to recommend approval of the permanent closure based upon find-
ings that the closure enhances the stability of a residential
-12- 8/01/00
neighborhood, mitigates the adverse impacts which exist between
commercial and residential land uses, and controls traffic from
non-residential uses through residential areas, and subject to
the following conditions:
(1) That the permanent barricade be installed as
presented, funded and maintained by the Tropic Isle Civic
Association; and
(2) That the Police Department ensures that the
existing signage is properly installed and the Engineering
Department ensures that there are no obstructions blocking the
north/south alley west of the closure.
Hr. Schwartz moved to approve the permanent street
closure of Eve Street between South Federal Highway and Spanish
Trail, based upon the findings and recommendation of the Plan-
ning and Zoning Board. The motion was seconded by Mrs. Archer.
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.C.
INITIATION OF COHPREHENSIVE PLAN Ai~ENDMENT 2000-2:
Consider formally initiating Comprehensive Plan Amendment 2000-2
pursuant to Section 9.2.1 of the Land Development Regulations.
Paul Dorling, Acting Director of Planning and Zoning,
stated that the amendment generally focuses on updating maps,
clarifying existing Comp Plan policies, deleting achieved poli-
cies, and includes two Future Land Use Map amendments. The
first one is a City-initiated FLUM amendment from County C/5
(Commercial with residential density of 5 units per acre) to
City GC (General Commercial) associated with the annexation of
the Palm Court Shopping Center which is located at the southwest
corner of Linton Boulevard and Military Trail. The second is a
City-initiated FLUM amendment for 1.71 acres in Block 36 on the
north side of West Atlantic Avenue from CF-P (Community Facili-
ties-Public Buildings) and LD (Low Density Residential 0-5 units
per acre) to GC (General Commercial).
Hr. Dorling further stated that a late addition to
Comprehensive Plan Amendment 2000-2 involves a land use change
from Redevelopment Area ~5 and General Commercial to a Commer-
cial Core designation associated with the expansion of the
existing Central Business District area to square it off at S.E.
4th Street. The property consists of the old Steve Moore
Chevrolet automobile dealership site, and there is the
-13- 8/Ol/OO
opportunity to expand the CBD area and possibly entertain a
residential use for this parcel of land as opposed to an
automotive commercial use.
Hr. Dorling continued that the Planning and Zoning
Board considered the initiation request at their meeting of July
24, 2000, and voted 6 to 0 to recommend approval. He clarified,
however, that the proposed land use change for the Steve Moore
Chevrolet property was not included in the amendment considered
by the Planning and Zoning Board. That component just came up
within the last few days. It is supported by staff and recom-
mended for inclusion in Comprehensive Plan Amendment 2000-2.
Hrs. Archer moved to approve the initiation of Compre-
hensive Plan Amendment 2000-2, including the additional land use
change to Commercial Core for the former Steve Moore Chevrolet
site. The motion was seconded by Ms. McCarthy. 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.
9.D.
CONTRACT ADDITION (C.O. #2)/REPUBLIC CONSTRUCTION
& DEVELOPMENT CORPORATION (VETERANS PARK PLAYGROUND REBUILD):
Consider approval of a contract addition (C.O. ~2) in the amount
of $88,760.00 with Republic Construction & Development Corpora-
tion under the Veterans Park Restroom Modifications contract for
the demolition and rebuilding of a portion of the Veterans Park
playground that burned last Hay, with funding in the amount of
$75,000 from 551-1575-591-45.50 (Self Insured Property Claims)
and the residual amount to be paid by insurance.
Richard Hasko, Director of Environmental Services,
explained that the recommendation is to award the contract
addition pursuant to emergency purchasing procedures. They
provide that a contract of this size may be awarded without
going through the competitive bid process when there is a situa-
tion which represents a significant health or safety hazard.
Hayor Schmidt brought up the fact that the building of
the Veterans Park playground was a community project. He asked
about the possibility of having the contractor remove the dam-
aged portion but then give the community the opportunity to
rebuild the playground.
Joe Weldon, Director of Parks and Recreation, stated
that he was well aware of the amount of community loyalty to the
playground and serious consideration was given to that
-14- 8/01/00
possibility. However, in the interests of time and safety, he
felt it advisable to contract the project out and get the
playground back on line as quickly as possible. Nonetheless,
recognizing the community's feeling toward the playground, there
would most definitely be a rededication ceremony when the
project is finished and every effort would be made to bring all
of the people who worked on it in the first place together again
to reaffirm the community commitment that enabled the playground
to be built in the first place.
Hr. Perlman moved to approve the contract addition
(C.O. #2) with Republic Construction & Development Corporation
for the Veterans Park Playground Rebuild project. The motion
was seconded by Hr. 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.
9.E.
APPOINTMENTS TO THE SITE PLAN REVIEW AND APPEARANCE
BOARD: Appoint five members to the Site Plan Review and Appear-
ance Board for two year terms ending August 31, 2002. The
appointments will be made by Hayor Schmidt, Commissioner Peri-
man, Commissioner Archer, Commissioner Schwartz, and Commission-
er McCarthy.
Hayor Schmidt stated that he wished to reappoint
Francisco Perez-Azua to the Site Plan Review and Appearance
Board for a two year term ending August 31, 2002. Mr. Schwartz
so moved, seconded by Mrs. Archer. Upon roll call the Commis-
sion 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.
Mr. Perlman moved to appoint Deborah Dowd to the Site
Plan Review and Appearance Board for a two year term ending
August 31, 2002. The motion was seconded by Ms. McCarthy. 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.
Hrs. Archer moved to appoint Hichael Sneiderman to the
Site Plan Review and Appearance Board for a two year term ending
August 31, 2002. The motion was seconded by Mr. Perlman. 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.
-~5- 8/01/00
Mr. Schwartz moved to reappoint Roger DeCapito to the
Site Plan Review and Appearance Board for a two year term ending
August 31, 2002. The motion was seconded by Mr. Perlman. 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.
Ms. McCarthy moved to appoint Rhonda Sexton to the
Site Plan Review and Appearance Board for a two year term ending
August 31, 2002. The motion was 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.
9.F. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD:
Appoint four members to the Historic Preservation Board for two
year terms ending August 31, 2002. The appointments will be
made by Commissioner HcCarthy, Hayor Schmidt, Commissioner
Perlman and Commissioner Archer.
Ms. McCarthy moved to appoint Gary Eliopoulos to the
Historic Preservation Board for a two year term ending August
31, 2002. 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.
Hayor Schmidt stated that he wished to reappoint Hary
Lou Jamison to the Historic Preservation Board for a two year
term ending August 31, 2002. Hrs. Archer so moved, seconded by
Ms. McCarthy. 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.
Mr. Perlman moved to reappoint David Bodker to the
Historic Preservation Board for a two year term ending August
31, 2002. The motion was 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.
Mrs. Archer moved to appoint Donnamarie Sloan to the
Historic Preservation Board for a two year term ending August
31, 2002. The motion was seconded by Mr. Perlman. Upon roll
call the Commission voted as follows: Mr. Schwartz - Yes; Ms.
McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs.
-16- 8/01/00
Archer - Yes. Said motion passed with a 5 to 0 vote.
9.G. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint
three regular members to the Board of Adjustment for two year
terms ending August 31, 2002. The appointments will be made by
Commissioner McCarthy, Mayor Schmidt and Commissioner Perlman.
Ms. McCarthy moved to appoint Cheryl Lee-Bennett to
the Board of Adjustment as a regular member for a two year term
ending August 31, 2002. The motion was seconded by Hr.
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.
Hayor Schmidt stated that he wished to appoint Jay
Little to the Board of Adjustment as a regular member for a two
year term ending August 31, 2002. Mr. Schwartz so moved,
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.
Mr. Perlman moved to reappoint Gregory Young to the
Board of Adjustment as a regular member for a two year term
ending August 31, 2002. The motion was seconded by Hr.
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.
13.
Comments and Inquiries on Non-Agenda Items.
13 .A.
City Manager.
The City Hanager had no comments or inquiries.
13 .B.
City Attorney.
The City Attorney had no comments or inquiries.
13.C.
City Commission.
13.C.1. Commissioner McCarthy commented that a great time was
had by all at the Roots Festival golf tournament, and that the
festival organizers have put together some great activities
throughout the summer.
-17- 8/01/00
13.C.2. Commissioner Perlman commented that he,
great time at the Roots golf tournament.
too, had a
Commissioner Perlman asked if there were any plans for
Kathy Daley, the City's lobbyist, to get with the City Commis-
sion to come up with a legislative program for the 2001 legisla-
tive session.
Robert A. Barcinski, Assistant City Manager, commented
he had recently spoken with Hs. Daley and she suggested that
October would be a good time to get together in terms of going
over the legislative process and the Commission's role in that
process.
13.C.3. Commissioner Archer commented that she and Susan Ruby
attended the Church of Christ this past Sunday at the invitation
of Mr. Henry Williams. It was a wonderful experience and they
were both welcomed very warmly. Commissioner Archer thanked Mr.
Williams for the opportunity to attend.
13.C.4. Commissioner Schwartz commented that he recently
attended Spady Day at the Spady House Museum. The event was
sponsored by EPOCH and he felt it was amazing to see how well
the restoration project is coming along.
13.C.5. Mayor Schmidt commented that he,
Roots golf tournament.
too, enjoyed the
There being no further business,
adjourned by Hayor Schmidt at 8:35 p.m.
the meeting was
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach,
Florida, and the information provided herein is the minutes of
the meeting of the City Commission held on August 1, 2000, which
minutes were formally approved and adopted by the City Commis-
sion on
-18- 8/Ol/OO
City Clerk
NOTE TO READER: If the minutes you have received are not com-
pleted 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.
-19- 8/01/00
Robert A. Barcinski, Assistant City Manager, commented
he had recently spoken with Ms. Daley and she suggested that
October would be a good time to get together in terms of going
over the legislative process and the Commission's role in that
process.
13.C.3. Commissioner Archer commented that she and Susan Ruby
attended the Church of Christ this past Sunday at the invitation
of Mr. Henry Williams. It was a wonderful experience and they
were both welcomed very warmly. Commissioner Archer thanked Mr.
Williams for the opportunity to attend.
13.C.4. Commissioner Schwartz commented that he recently
attended Spady Day at the Spady House Museum. The event was
sponsored by EPOCH and he felt it was amazing to see how well
the restoration project is coming along.
13.C.5. Mayor Schmidt commented that he,
Roots golf tournament.
too, enjoyed the
There being no further business,
adjourned by Mayor Schmidt at 8:35 p.m.
the meeting was
'City Cl~rk t
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach,
Florida, and the information provided herein is the minutes of
the meeting of the City Commission held on August 1, 2000, which
minutes w%re~y approved and adopted by the City Commis-
sion on
!
- ~City -Cl~rk'
NOTE TO READER: If the minutes you have received are not com-
pleted 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.
-16- 8/01/00