11-07-00NOVEMBER 7~ 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, November 7, 2000.
1. Roll call showed:
Present -
Commissioner Patricia Archer
Commissioner Alberta McCarthy
Commissioner Jeff Perlman
Mayor David Schmidt
Absent - Commissioner Bill Schwartz
Also present were City Manager David T. Harden, City Attorney Susan A. Ruby,
and Assistant City Attorney Brian Shutt.
2_ The opening prayer was delivered
Palms Congregational United Church of Christ.
by Reverend Jim Atchison, Church of the
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.S., Temporary Agreement to
Obtain Water/Marketplace of Delra¥ Plaza~ to the Regular Agenda by addendum.
The City Manager noted that there is a corrected agreement with respect to Item
8.0 (Agreement for Use of Northernmost City Beach Access) on the consent agenda. The
agreement in the agenda notebook is between the City and the contractor (Coastal Systems). The
corrected agreement is between the City and the property owner, Mr. Antonio Arcaini. All other
provisions of the agreement remain the same.
Commissioner McCarthy moved to approve the agenda as amended, seconded by
Commissioner Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes;
Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to
0 vote.
5_ Approval of Minutes: None
6. Proclamations:
6.A. National Bible Week - November 19-26~ 2000
Mayor Schmidt presented a proclamation in recognition of November 19th
through 26, 2000, as National Bible Week. The proclamation will be forwarded to the National
Chair of the National Bible Association in New York, New York.
7. Presentations:
7.A. RESOLUTION NO. 87-00: A resolution recognizing and commending J.Leroy
Croft posthumously for having been a Pioneer Resident of Delray Beach and for having served
the City of Delray Beach with distinction and dedication.
The caption of Resolution No. 87-00 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, RECOGNIZING AND
COMMENDING J. LEROY CROFT, POSTHUMOUSLY, FOR
HAVING BEEN A PIONEER RESIDENT OF DELRAY BEACH
AND FOR HAVING SERVED THE CITY OF DELRAY BEACH
WITH DISTINCTION AND DEDICATION.
(The official copy of Resolution No. 87-00 is on file in the City Clerk's office.)
Mayor Schmidt read and presented Resolution No. 87-00 recognizing Mr. J.
Leroy Croft, recently deceased, for having been a pioneer resident of Delray Beach as well as a
former Mayor and Councilman of the City. Resolution No. 87-00 was passed by acclamation of
the City Commission. Mayor Schmidt presented the resolution to Mr. Croft's widow, Mrs.
Bettye Croft, on behalf of the City of Delray Beach.
7.g.
Inc.
Lori J. Durante~ Director-Curator~ Museum of Lifestyle & Fashion Historv~
Mr. Doak Campbell, President of the Board of Trustees of the Museum of
Lifestyle & Fashion History, addressed the City Commission on behalf of Ms. Durante. Mr.
Campbell presented a brief overview of the history and organizational efforts undertaken by Ms.
Durante toward the establishment of a museum of lifestyle and fashion history that could take a
very interesting and attractive place in the community. He noted that Ms. Durante is moving
forward with fundraising concepts as well as putting together a detailed and realistic budget for
the museum. He was optimistic that terms could be arrived to locate the museum in the
Pineapple Grove location. Mr. Campbell continued that it would be very helpful at this point for
the City) to show support for the museum through consideration of a financial contribution. He
noted that a conditional grant had been received from Palm Beach County through County
Commissioner McCarty's discretionary fund in the amount of $10,000, and he hoped that the
City as well as the Community Redevelopment Agency would give consideration to possibly
matching those funds.
The City Manager noted that because the Corporate Games were cancelled, the
funds that had been appropriated for that event will not be needed. If the Commission wished to
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do so, he could transfer $5,000 from that event to the Museum of Lifestyle & Fashion History as
a grant. He also suggested that the Commission link this with a $5,000 contribution from the
Community Redevelopment Agency so that between the two of us there would be a match for
the County's contribution.
Upon discussion, it was the consensus of the City Commission to support a
funding grant in the amount of $5,000 for the Museum of Lifestyle & Fashion History with the
condition that the Community Redevelopment Agency contributes a $5,000 match to the City's
funds.
go
CONSENT AGENDA: City Manager recommends approval.
8.A. LIEN REVIEW ADVISORY TEAM: Approve an increase in the regular
membership from five to seven members, with three alternate members, and ratify the
recommended list of appointees to the Lien Review Advisory Team.
8.B. RESOLUTION NO. 88-00: Approve a resolution vacating and abandoning a
portion of the Laing Street right-of-way located between Andrews Avenue and the Intracoastal
Waterway, based upon positive findings.
The caption of Resolution No. 88-00 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING THAT PORTION OF THE UNIMPROVED
RIGHT-OF-WAY FOR LAING STREET, LYING EAST OF THE
INTRACOASTAL WATERWAY AND WEST OF ANDREWS
AVENUE, AS SHOWN ON THE PLAT OF DELRAY BEACH
ESPLANADE AND AS ALSO SHOWN ON THE PLAT OF
WATER WAY LANE AS MORE PARTICULARLY
DESCRIBED HEREIN, BUT RESERVING AND RETAINING
TO THE CITY A UTILITY EASEMENT FOR PUBLIC AND
PRIVATE UTILITIES OVER THE ENTIRE AREA THEREOF.
(The official copy of Resolution No. 88-00 is on file in the City Clerk's office.)
8.C. RESOLUTION NO. 89-00 (ABANDONMENT AREA 9-A): Approve a
resolution vacating and abandoning that portion of the east/west alley right-of-way lying adjacent
to the south lot lines of Lots 4 through 20, inclusive, Block E, Plat of La Hacienda, within the
North Federal Highway area, based upon positive findings. This is a City-initiated action.
The caption of Resolution No. 89-00 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING THAT PORTION OF THE EAST/WEST
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ALLEY RIGHT-OF-WAY LYING ADJACENT TO THE
SOUTH LOT L1NES OF LOTS 4 THROUGH 20, INCLUSIVE,
BLOCK E, PLAT OF LA HACIENDA, LOCATED WITHIN
THE NORTH FEDERAL HIGHWAY AREA, AS MORE
PARTICULARLY DESCRIBED HEREIN, BUT RESERVING
AND RETAINING TO THE CITY A UTILITY EASEMENT
FOR PUBLIC AND PRIVATE UTILITIES OVER THE ENTIRE
AREA THEREOF.
(The official copy of Resolution No. 89-00 is on file in the City Clerk's office.)
8.D. RESOLUTION NO. 90-00 (ABANDONMENT AREA 9-B): Approve a
resolution vacating and abandoning the entire east/west alley right-of-way lying within Block D,
Plat of La Hacienda, within the North Federal Highway area, based upon positive findings. This
is a City-initiated action.
The caption of Resolution No. 90-00 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING THE ENTIRE EAST/WEST ALLEY RIGHT-
OF-WAY LYING WITHIN BLOCK D, PLAT OF LA
HACIENDA, LOCATED WITHIN THE NORTH FEDERAL
HIGHWAY AREA, AS MORE PARTICULARLY DESCRIBED
HEREIN, BUT RESERVING AND RETAINING TO THE CITY
A UTILITY EASEMENT FOR PUBLIC AND PRIVATE
UTILITIES OVER THE ENTIRE AREA THEREOF.
(The official copy of Resolution No. 90-00 is on file in the City Clerk's office.)
8.E. RESOLUTION NO. 91-00 (ABANDONMENT AREA 9-C): Approve a
resolution vacating and abandoning the entire noah/south alley right-of-way lying within Block
D, Plat of La Hacienda, within the North Federal Highway area, based upon positive findings.
This is a City-initiated action.
The caption of Resolution No. 91-00 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, THE ENTIRE
NORTH/SOUTH ALLEY RIGHT-OF-WAY LYING WITHIN
BLOCK D, PLAT OF LA HACIENDA, LOCATED WITHIN
THE NORTH FEDERAL HIGHWAY AREA, AS MORE
PARTICULARLY DESCRIBED HEREIN.
(The official copy of Resolution No. 91-00 is on file in the City Clerk's office.)
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8.F. RESOLUTION NO. 92-00 (ABANDONMENT AREA 9-D): Approve a
resolution vacating and abandoning that portion of the east/west alley right-of-way lying adjacent
to the north lot lines of Lots 5 through 17, inclusive, Block C, Plat of La Hacienda, within the
North Federal Highway area, based upon positive findings. This is a City-initiated action.
The caption of Resolution No. 92-00 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING THAT PORTION OF THE EAST/WEST
ALLEY RIGHT-OF-WAY LYING ADJACENT TO THE
NORTH LOT LINES OF LOTS 5 THROUGH 17, INCLUSIVE,
BLOCK C, PLAT OF LA HACIENDA, LOCATED WITHIN
THE NORTH FEDERAL HIGHWAY AREA, AS MORE
PARTICULARLY DESCRIBED HEREIN, BUT RESERVING
AND RETAININIG TO THE CITY A UTILITY EASEMENT
FOR THE PUBLIC AND PRIVATE UTILITIES OVER THE
ENTIRE AREA THEREOF.
(The official copy of Resolution No. 92-00 is on file in the City Clerk's office.)
8.G. RESOLUTION NO. 93-00 (ABANDONMENT AREA 9-E): Approve a
resolution vacating and abandoning the entire alley right-of-way lying within Block A, Plat of
Snow Hill, within the North Federal Highway area, based upon positive findings. This is a City-
initiated action.
The caption of Resolution No. 93-00 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING THE ENTIRE ALLEY RIGHT-OF-WAY
LYING WITHIN BLOCK A, PLAT OF SNOW HILL,
LOCATED WITHIN THE NORTH FEDERAL HIGHWAY
AREA, AS MORE PARTICULARLY DESCRIBED HEREIN,
BUT RESERVING AND RETAINING TO THE CITY A
UTILITY EASEMENT FOR PUBLIC AND PRIVATE
UTILITIES OVER THE ENTIRE AREA THEREOF.
(The official copy of Resolution No. 93-00 is on file in the City Clerk's office.)
8.H. RESOLUTION NO. 95-00 (STATEWIDE MUTUAL AID AGREEMENT):
Approve a resolution authorizing the Mayor and the City Clerk to execute a revised Statewide
Mutual Aid Agreement through the Department of Community Affairs, Division of Emergency
Management, for catastrophic disaster response and recovery.
The caption of Resolution No. 95-00 is as follows:
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE THE STATEWIDE
MUTUAL AID AGREEMENT.
(The official copy of Resolution No. 95-00 is on file in the City Clerk's office.)
8.1. SECOND AMENDMENT TO AGREEMENT WITH MEDICAL
DIRECTOR: Approve the Second Amendment to the Agreement between the City and Randall
L. Wolff, M.D. (Medical Director) to provide for an increase in compensation to Dr. Wolff.
8.j.
CONSULTING AGREEMENT WITH LANGTON ASSOCIATES FOR
GRANT WRITING SERVICES: Approve a consulting agreement with Langton Associates,
Inc. for grant writing services for the period November 1, 2000 through October 31, 2001, with
an option to extend the agreement for two (2) one-year periods upon mutual agreement.
8.K. REMOVED
8.L. CONSENT TO ASSIGNMENT OF PARKING LEASE/MARIPOSA
RETIREMENT HOME: Approve a Consent to Assignment of a lease which provides off-site
parking spaces for the Mariposa Retirement Home located at 48 S.E. 1 st Avenue.
8.m.
SECOND AMENDMENT TO LICENSE AGREEMENT/DELRAY BEACH
ACADEMY: Approve a second amendment to the license agreement between the City and
Delray Beach Academy, Inc. to allow the continued use of the facilities at Pompey Park through
June 15, 2001.
8.N.
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING
AGREEMENTS WITH SlX SUBRECIPIENTS: Approve and authorize the execution of
funding agreements with six (6) subrecipients (Alpha-Time Children's Center, Boys & Girls
Clubs of Palm Beach County, Delray Beach Housing Authority, Fair Housing Center of the
Greater Palm Beaches, "I Have A Dream" Foundation, and Urban League of Palm Beach
County) under the Community Development Block Grant (CDBG) program for FY 2001, with
total funding in the amount of $116,350 from various accounts within the CDBG fund.
8.0. AGREEMENT FOR USE OF NORTHERNMOST CITY BEACH
ACCESS/PROPERTY OWNER AT 3435 NORTH OCEAN BOULEVARD: Approve an
agreement between the City and Mr. Antonio Arcaini, property owner, that will allow Coastal
Systems International (property owner's contractor) to use the City's northernmost public beach
access to move equipment and materials to a construction site at 3435 North Ocean Boulevard,
contingent on receipt of a letter of credit.
8.p.
REJECTION OF BIDS AND APPROVAL OF CONTRACT ADDITION
WITH REPUBLIC CONSTRUCTION FOR LAKEVIEW GOLF COURSE RESTROOM
BUILDING: Reject all bids received for the Lakeview Golf Course Restroom project and,
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alternatively, approve a contract addition (C.O. #3) in the amount of $48,410.00 with Republic
Construction and Development Corporation under the Veterans Park Restroom Modifications
contract, with funding from 446-4761-572-62.10 (Lakeview Golf Course Buildings).
8.~).
REJECTION OF BIDS/RECONSTRUCTION OF DRINKING WATER
WELL #26: Reject the bids received for the Reconstruction of Drinking Water Well #26
project, and authorize staff to rebid as an abandonment/replacement project as opposed to well
reconstruction.
8.R. REJECTION OF BIDS/LANDSCAPE MAINTENANCE - ATLANTIC
AVENUE GREENWAY PLAN (VACANT LOTS): Reject all bids received for the Atlantic
Avenue Greenway Plan (Vacant Lots) landscape maintenance contract, and authorize staff to
rebid the project with revised specifications.
8.S. GROVE SQUARE DEVELOPER'S AGREEMENT: Approve an agreement
between the City and G.A.A.C.H., Inc. (Developer) for joint participation in the improvements
along $.E. 2nd Avenue associated with the Grove Square development.
8.T.
RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS: Ratify the various actions approved
by the South Central Regional Wastewater Treatment and Disposal Board at the quarterly
meeting of October 19, 2000.
8.U. RESOLUTION NO. 83-00: Approve a resolution assessing costs for the
emergency board-up of an unsafe structure located at 45 N.W. 14th Avenue.
The caption of Resolution No. 83-00 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 DELRAY 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 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.
(The official copy of Resolution No. 83-00 is on file in the City Clerk's office.)
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8.V. RESOLUTION NO. 84-00: Approve a resolution assessing costs for the
demolition of an unsafe structure located at 18-24 N.W. 6th Avenue.
The caption of Resolution No. 84-00 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 DELRAY 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 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.
(The official copy of Resolution No. 84-00 is on file in the City Clerk's office.)
8.W. RESOLUTION NO. 85-00: Approve a resolution assessing costs for abatemem
action necessary to remove junked and/or abandoned vehicles from seven (7) properties within
the City.
The caption of Resolution No. 85-00 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 FOR UNPAID
ASSESSMENTS; PROVIDING FOR THE MAILING OF
NOTICE OF LIEN.
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(The official copy of Resolution No. 85-00 is on file in the City Clerk's office.)
8.X. RESOLUTION NO. 86-00: Approve a resolution assessing costs for action
necessary to abate nuisances on seventeen (17) properties throughout the City.
The caption of Resolution No. 86-00 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
COSTS FOR ABATING NUISANCES UPON CERTAIN
LAND(S) LOCATED WITHIN THE CITY OF DELRAY
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 NUISANACES;
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.
(The official copy of Resolution No. 86-00 is on file in the City Clerk's office.)
8.y.
FINAL PLAT APPROVAL/SOUTH CONGRESS COMMERCE CENTER:
Approve the final subdivision plat for South Congress Commerce Center, a proposed two lot
commercial subdivision located north of Marty Fladell Drive between Congress Avenue and
N.W. 18th Avenue.
8.Z.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period October
16th through November 3, 2000.
8.AA.
AWARD OF BIDS AND CONTRACTS:
Award in the amount of $34,850 to Calico Racquet Courts Inc. (Cai-Cap)
for the resurfacing of four (4) tennis courts at the Delray Beach Tennis
Center, with funding from 001-4124-572-46.90 (Other
Repair/Maintenance Costs).
Purchase award in the amount of $18,300 to NuCrane Machinery for the
purchase of a John Deere Aercore 2000 Aerator for the Municipal Golf
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Course, with funding from 445-4761-572-64.90 (Capital Outlay - Other
Machinery/Equipment).
Contract renewal with Commercial Chemical Products for the purchase of
sodium hypochlorite at an estimated annual cost of $20,240, with funding
from 441-5122-536-52.21 (Chemicals).
Contract award in the amount of $19,500 to Insituform Technologies, Inc.,
via Broward County contract, for trenchless sanitary sewer rehabilitation
of 325 feet of 15" gravity sewer located at N.E. 2nd Street and N.E. 4th
Avenue, with funding from 442-5178-536-63.51 (R&R - Sewer Mains).
Contract award in the amount of $197,926.00 to Chaz Equipment
Company, Inc. for the Royal Palm Boulevard Paving & Drainage
Improvements project, with funding in the amount of $72,590.00 from
442-5178-536-65.04 (Water & Sewer R&R) and $125,336.00 from 448-
5461-538-65.04 (Stormwater/Royal Palm Boulevard).
Bid award in the amount of $162,310.00 to Intrastate Construction
Corporation for the Lake Ida Road Force Main Relocation and Sabal
Lakes/Lake Forest Water Main Crossing projects, along with a contract
deletion (C.O. #1) in the amount of $74,000 to delete bid item #3 (crossing
at Sabal Lakes/Lake Forest), for a total project amount of $88,310.00, with
funding from 442-5178-536-65.18 (Lake Ida Road Utility Relocations).
Renewal of the annual maintenance agreement with HTE for software
applications at the Police Department for the period October 1, 2000
through September 30, 2001, in the amount of $55,592.00 with funding
from 001-2113-521-46.90 (Police Support Services Other
Repair/Maintenance Costs).
Purchase award in the total amount of $16,680 to Academy Indoor Gun
Range, Inc. for the purchase of forty (40) Glock .40 caliber handguns as
replacement weapons for the Police Department, with funding from 001-
1211-521-52.27 (Police Administrative Services - Equipment <$750).
Renewal of lease agreement with Mears Motor Leasing for a one year
lease of six (6) unmarked vehicles for the Police Department's Vice, Intel-
ligence and Narcotics Unit in the amount of $37,090, with funding from
001-2115-521-44.40 (Police Investigative - Vehicles Rental/Lease).
Mrs. Archer moved to approve the consent agenda, including the amendment to
Item 8.0 as noted by the City Manager. The motion was seconded by Mr. Perlman. Upon roll
call the Commission voted as follows: Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt
- Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote.
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o
REGULAR AGENDA:
9.A. WAIVER & CONDITIONAL USE REQUESTS/STEALTH
TELECOMMUNICATIONS TOWER AT DELRAY'S LOST DRIVE-IN: Consider a
request for two waivers and conditional use approval to allow a 90 ft. high stealth
telecommunications tower (flagpole) to be located on the Delray's Lost Drive-In site. The
subject property is located on the east side of North Federal Highway, approximately 500 feet
north of Allen Avenue, and is zoned GC (General Commercial) District. QUASI-JUDICIAL
PROCEEDING
Mayor Schmidt asked for the disclosure of any ex parte contact by any
Commission member with respect to the pending application. Each Commission member
disclosed for the record his or her ex parte contacts concerning the applications. Commissioner
Archer, Commissioner Perlman, Mayor Schmidt and Commissioner McCarthy submitted for the
record copies of ex parte communication (incorporated as part of the file).
The City Attorney 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.
Paul Dorling, Acting 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 October 16, 2000 and
recommended that the conditional use request be denied based on a failure to make positive
findings with respect to Chapter 3 (Performance Standards) and LDR Section 2.4.5(E)(5)
{Conditional Use Findings}, and the Policies of the Comprehensive Plan.
Representing the applicant was Cliff Hurtz, attorney for AT&T Wireless, and Mr.
Andy Paurowski, Site Concepts, Inc., who presented an overview of the request, the reasons for
selecting the Lost Drive-In site and in support thereof submitted for the record: Applicant's
Exhibit 1, Applicant's Exhibit 2, and Applicant's Exhibit 3 (incorporated as part of the official
record).
Prior to opening the floor for public comment, the City Attorney advised that the
concerns associated with telecommunications towers and health issues cannot be considered as
valid concerns.
Mayor Schmidt declared the public hearing open. Speaking from the audience
were the following:
Bonnie Kuliian, 925 Kokomo Key Lane, spoke in opposition to the application
and submitted exhibits for the record (copy attached hereto and made a part hereof).
James Hirschfeld, resident of Kokomo Key, stated that the residents in the area
do not want the tower located in close proximity to their neighborhood. He suggested that a
more appropriate location would be out along the 1-95 corridor.
Gary Brown, a resident of Boca Raton, stated that he was familiar with this
issue because of the same concerns in Boca Raton. Mr. Brown suggested that a moratorium be
imposed to allow time to study the matter and to determine the appropriate regulations for these
types of towers.
Kevin Justice, resident of Kokomo Key, stated that locating a cell tower on the
Lost Drive-In site would not be in the best interests of the community and would adversely affect
the overall neighborhood.
Mark Latham, resident of Kokomo Key, expressed his opposition to the
proposed application and suggested that AT&T consider leasing space on another tower at
another location.
Kimberly Povedano, 1045 Kokomo Key Lane, expressed her opposition to the
proposed cell tower as it would be in too close proximity to the residential area, and submitted a
letter in support of her position (copy attached hereto and made a part hereof).
Judy Fox, resident of Kokomo Key, stated that the residents in Kokomo Key
bought their homes based on an understanding that North Federal Highway was to be an area of
redevelopment in the City. She felt it would be a violation of their trust if the proposed cell
tower were permitted to locate on the Drive-In site.
Ned MacDonald, Place au Soleil, read a petition in opposition to the tower and
submitted same for the record.
Jean Beer, speaking on behalf of Progressive Residents of Delray (P.R.O.D.),
stated that the City code needs to be revised to address telecommunication towers. More and
more providers will be coming forward and will want to locate towers at multiple locations
throughout the City. The issue must be studied and analyzed so that a plan can be developed to
minimize the impact of these towers on the City.
Morton French, Place au Soleil, expressed his opposition to the proposed cell
tower being located at the proposed site.
Rob Dittman, Place au Soleil, expressed his opposition to the proposed tower
and felt that the City ought to stick with the plans to attract redevelopment to the North Federal
Highway. He further suggested that the issue be looked at methodically in order to develop a
clear and concise policy.
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Scott Portem developer of The Estuarv~ stated that he was opposed to the
proposed tower as it would not be in the best interests of the community.
Dan Burns~ 1036 Bucida Road, stated that the request should be denied as it will
not serve the best interests of the area residents nor the City as a whole.
Henry Williams~ 310 N.W. 3ra Avenue, commented that the City has done a lot
of work in an effort to bring people into town, and he did not think it was right for a big company
to try to fool the people by using the flag to make the tower look like something that it is not.
Mr. Williams urged the Commission to look out for the residents and deny the request.
Stanley Milosky~ 610 Allen Avenue, submitted and read into the record a letter
from Christina Friedman, 2225 N.E. 3rd Avenue, to the Mayor and City Commissioners
expressing her opposition to the proposed telecommunications tower at the Lost Drive-In site (a
copy of which is attached hereto and made a part hereof).
There being no one else from the audience who, having been duly sworn, wished
to speak on this item, the public hearing was closed.
In rebuttal by Mr. Hurtz on behalf of AT&T Wireless, he stated that the
arguments presented are "emotional" arguments based on no substantive evidence. He argued
that AT&T had examined virtually every option for the location of the tower and the Lost Drive-
In site is the location that best meets the needs of both the provider and customers.
At this point, Mayor Schmidt read into the record a letter received from
Commissioner Schwartz who was unable to attend tonight's meeting, but asked that his
comments be made a part of the record (a copy of which is attached hereto and made a part
hereof).
A lengthy discussion by the Commission ensued as to various technical
requirements, as well as legal considerations.
After discussion, Mrs. Archer moved to DENY the waiver to LDR Section
4.3.3(S)(2)(b) to waive the locational requirements for telecommunication towers and antennas
and allow telecommunication towers to be located within the GC (General Commercial) zone
district at Delray's Lost Drive-In, based upon the following findings of fact and conclusions of
law:
1. The owner/applicant seeks approval of an 80 ft. high monopole tower for
telecommunications purposes which will have a flag attached.
2. The tower as proposed is to be 4 feet in diameter at the bottom and 18" to 24"
inches at the top.
3. The zoning on the property is GC (General Commercial), with an existing
Land Use Map designation of General Commercial.
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4. The property is approximately a 7 acre parcel of land that is located on the
east side of North Federal Highway, approximately 500 feet north of Allen
Avenue.
5. The 80 ft. tower is approximately 365 feet from the residential development to
the south and 345 feet from Federal Highway.
6. The tower, due to it's diameter and height, does not fit in with the scale of
what is anticipated for future redevelopment in the area.
7. The North Federal Highway area is an area of special concern and has a
separate development plan.
8. Towers are not allowed as either a permitted or conditional use in the GC
(General Commercial) zoning district.
9. In order to allow the use in the GC District, a waiver must be obtained.
10. LDR Section 4.3.3(S)(7)(a) references LDR Section 2.4.7(B) as a grant of
authority to the City Commission to waive location, height and co-location
requirements; however, LDR Section 2.4.7(B)(1)(b)(i) prohibits waivers as to
the use of land or structures.
11. To give effect to both of these sections, they must be read together and if they
are read together, both can survive with the prohibition of a use waiver;
however, permitting certain waivers of other location requirements and zoning
and separation requirements.
12. To amend and add additional either permitted or conditional uses, Florida
Statutes 166.0413(c) requires an ordinance with two separate public hearings
to amend the text of the Land Development Regulations.
13. Based on the conflicting sections of the Land Development Regulations and
the requirement of state law, the City Commission finds that the granting of a
waiver as to zoning and a use is inappropriate.
14. Further, the waiver of the screening requirements which requires a fence or
wall enclosure, does adversely affect the neighborhood areas by not being a
permanent screen and thus LDR Section 2.4.7(B)(5) findings are not met.
15. Further, LDR Section 4.3.3(F(6)(b) is not met because the visual impact has
not been minimized to the greatest extent possible because of the lessening of
the screening requirements.
16. As it is not appropriate to grant a waiver to the uses allowed in the GC
(General Commercial) District, the conditional use request must also fail
because without the waiver the tower is not allowed in the GC zoning district
and is therefore not consistent with the Comprehensive Plan.
The motion was seconded by Mr. Perlman. Upon roll call the Commission voted as follows:
Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer. Said motion
passed with a 4 to 0 vote.
Mrs. Archer moved to DENY a waiver to LDR Section 4.3.3(S)(2)(e)(3)(a) to
waive the required fence or wall enclosure around a telecommunication facility, based on the
findings of fact and conclusions of law as stated above. The motion was seconded by Mr.
Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman
- Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote.
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Mrs. Archer moved to DENY the conditional use application, based upon the
following findings of fact and conclusions of law:
1. If the towers were allowed in the General Commercial zoning district as a
conditional use, which it is not without a waiver, the conditional use findings
contained in LDR Section 2.4.5(E)(5) would not be met, nor would LDR
Section 4.3.3.(S)(6)(b) be met, based on the fact that they are not compatible
with the adjacent area. The screening waiver requested does not minimize the
visual impact on adjacent property.
2. The North Federal Highway Redevelopment Plan was adopted to give a
blighted area special attention to encourage development and redevelopment
as a predominantly general commercial business district.
3. The addition of an 80 ft. tall monopole, with a 4 ft. diameter base, tends to
industrialize the area which conflicts with the General Commercial area that
the City is promoting.
4. The tower is incompatible with the residential areas to the both the east and
south.
5. Thus, the City Commission finds that the addition of a tower of this size will
hinder development and redevelopment of the North Federal Highway
corridor.
The motion was seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said
motion passed with a 4 to 0 vote.
At this point, the time being 8:20 p.m., the City Commission moved to the duly
advertised Public Hearings portion of the agenda.
10.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 28-00: An ordinance amending Chapter 37, "Delray Beach
Code Enforcement", of the City Code to provide for various changes of a procedural nature
which were brought about by revisions made to Chapter 162 of the Florida Statutes this year.
Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public
hearing has been scheduled to be held at this time.
The City Manager presented Ordinance No. 28-00:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 37,
"DELRAY BEACH CODE ENFORCEMENT", OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 37.03, "DEFINITIONS",
TO PROVIDE FOR CLARIFICATION OF A REPEAT
VIOLATION; BY AMENDING SECTION 37.36, "INITIATION
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OF ENFORCEMENT PROCEDURES", TO PROVIDE
PROCEDURES FOR ADDRESSING CHANGES IN PROPERTY
OWNERSHIP; BY REPEALING SECTION 37.42, "FINES FOR
NONCOMPLIANCE WITH ORDERS", IN ITS ENTIRETY AND
ENACTING SECTION 37.42, "ADMINISTRATIVE FINES;
COSTS OF REPAIR; LIENS", TO PROVIDE UPDATED
LANGUAGE AS PRESCRIBED BY STATE STATUTE; BY
ENACTING SECTION 37.46, "NOTICES" TO PROVIDE A
PROCEDURE FOR SERVING NOTICE UPON VIOLATORS;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 28-00 is on file in the City Clerk's office.)
The Assistant City Attorney, Brian Shutt, 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.
Mr. Jay Jambeck, Assistant City Attorney, explained the reason for the
Ordinance.
Mayor Schmidt declared the public hearing open.
Alice Finst~ 707 Place Tavant, asked how this ordinance would improve code
enforcement in Delray Beach, and how this is going to handle such problems as we have like
property located at 1000 Lake Ida Road where they had running five for more than five years and
nothing was done on the property, how is this going to help clean up our city.
Mr. Jambeck responded to Ms. Finst's questions by stating that the amendments
are being suggested primarily because of changes to the Florida Statute, Chapter 162. The
ordinance places are code book in-line with the current Florida Statutes. As far as how it will
improve the City's ability to enforce its regulations, notice provisions are changed somewhat so
that the City will options as far as giving notice to landowners that are trying to avoid these
violation notices. We are able to post at City Hall as an option for notification. The money
judgement aspect will allow the City pursue the code violators rather than foreclosing which is a
specific type of legal action that sometimes brings up procedural problems. The ordinance does
restrict going against homestead property and the money judgements as well. There are other
options though.
Henry William~ 310 NW 3ra Avenue, requested clarification on the reasons for
the money judgement provision.
Mr. Jambeck responded by stating the benefit would be that rather than instituting
a foreclosure action which would require the City to name all potential parties to the action, the
City would just implement a money judgement action against the violator.
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There was brief discussion regarding the Mr. Williams concerns. Mr. Harden
stated that the money judgement provision only applies to fines levied after October 1st.
There being no one to address the Commission on this issue, the public hearing
was closed.
Mr. Perlman moved to adopt Ordinance No. 28-00 on Second and FINAL
Reading, seconded by Ms. Archer. Upon roll call the Commission voted as follows: Mrs. Archer
- Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed
with a 4 to 0 vote.
10.B. ORDINANCE NO. 29-00: An ordinance amending Chapter 90, "Abandoned
Property", of the City Code to provide for updated definitions, revisions to certain notice
requirements and to provide for language as prescribed by Chapter 705 of the Florida Statutes.
Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public
hearing has been scheduled to be held at this time.
The City Manager presented Ordinance No. 29-00:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 90,
"ABANDONED PROPERTY", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING SECTION 90.01, "DEFINITIONS", TO PROVIDE
FOR ADDITIONAL DEFINITIONS; BY AMENDING SECTION
90.02, "STORING, PARKING OR LEAVING ABANDONED
PROPERTY ON PUBLIC PROPERTY", TO PROVIDE
LANGUAGE AS PRESCRIBED BY STATE STATUTE; BY
AMENDING SECTION 90.03, "STORING, PARKING OR
LEAVING ABANDONED PROPERTY ON PRIVATE
PROPERTY", TO PROVIDE LANGUAGE AS PRESCRIBED
BY STATE STATUTE; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 29-00 is on file in the City Clerk's office.)
The Assistant City Attorney, Brian Shutt, 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.
Mr. Jambeck, Assistant City Attorney, stated that Florida Statutes, which have
changed, require the amendments. The amendments clarify what abandoned vehicles and vessels
are.
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Ms. Lula Butler, Director of Community Improvement, responded to a question
previously directed to her regarding if an abandoned vehicle showed up on a piece of property
and the vehicle was not owned by that property owner, would the property owner be charged for
it. There is a new abandoned vehicle amnesty program where the City will remove the vehicle at
no cost to the owner without charge. This program has been offered to Delray Shores. The City
can implement this program on any piece of property as long as it is called a victim.
A brief discussion followed by the Commission.
was closed.
There being no one to address the Commission on this issue, the public hearing
Mr. Perlman moved to approve Ordinance No. 29-00 on Second and FINAL
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. Said motion
passed with a 4 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.
There were no responses to prior public comments or inquiries.
11.B. From the Public.
ll.B.1. Owen Murphy~ 1000 Ocean Terrace~ explained that he enjoys flying kites at the
beach in the evening, but is not permitted to fly his kites until the lifeguards go off duty at 5:00
p.m. This is not a problem during Daylight Savings Time when there are three hours of light
between 5:00 and 8:00 p.m. When Daylight Savings Time ends, however, it gets dark by 5:45
p.m. and even earlier as the days get shorter through the end of the year. This leaves no time for
flying kites. Mr. Murphy stated that his kite flying is a genuinely pleasurable activity that is
enjoyed not only by him but by many residents and passers-by who stop to watch and are invited
to participate if they would like to do so. He asked that consideration be given to allowing him
to fly his kites at the beach beginning at 2:00 p.m. in the afternoon during the winter months.
Mr. Murphy submitted a letter outlining his request in more detail, a copy of which is attached
hereto and made a part of the minutes. He asked that the Commission consider his request and
advise him of a decision.
ll.B.2. Jean Beer~ 2145 S.W. 26th Terrace~ speaking on behalf of Progressive
Residents of Delray (P.R.O.D.)~ stated that they are very concerned about the shortage of sworn
officers in the Police Department and felt that perhaps it was time to revise the budget in an
effort to do something that would make it more attractive financially to attract and/or retain
Police officers. Mrs. Beer suggested taking the money that had been earmarked for the
roundabout at Swinton and Atlantic Avenues and giving it to the Police Department to use for
compensation, as well as looking at other incentives such as low cost loans or mortgages for
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officers to consider buying homes in the City, or perhaps vehicles could be taken home if they
live in the City. She felt it was critical that the City take immediate action to do whatever it
takes to retain Police officers.
Mrs. Beer further stated that P.R.O.D. is also concerned about the site plan
approval process. The townhouse projects look great when they are presented, but when actually
built they come straight down to the sidewalk. Mrs. Beer stated that since the site plan aspect
was separated from the Planning and Zoning Board, there is no public input. The Site Plan
Review and Appearance Board sometimes allows comments, but there is no real opportunity for
public input. She felt that this was wrong especially because projects often change a great deal
between what was approved and when they are built. Mrs. Beer felt that the public should be
allowed to speak during the site plan approval process.
ll.B.3. Alice Finst~ 707 Place Tavant~ expressed disappointment that the City has not
been better represented over the last six months or so at the School Board boundary meetings.
She asked if anyone was planning to attend the upcoming meetings to speak about our concerns
in Delray Beach since there is not a long period of time before the School Board is scheduled to
make final decisions. Mrs. Finst stated that she was very concerned about what is happening
with the proposals for the schools in Delray Beach and wanted to know what the Commission is
actually doing about it.
Mayor Schmidt stated that the Commission had met with School Superintendent
Marlin and he agreed to have City staff present some alternative boundaries. Another meeting is
scheduled for November 16th with the Superintendent to go over those recommendations with
him.
Commissioner Perlman commented that the Commission has been and continues
to work very hard on the various school issues. The Mayor and Commissioners have met
individually with School Board members, the Education Board has been involved, and the staff
has spent a great deal of time developing maps and alternative boundaries for consideration.
While the Commission may not have shown up at the cattle calls, they have worked very hard
meeting with appropriate staff and trying to get as many people involved in this as possible.
ll.B.4. Henry Williams~ 310 N.W. 3rd Avenue~ asked why the Commission does not
allow people speaking under public comments to give all or a portion of their three minutes to
another person if they want to do so?
ll.B.5. John Bennett~ 137 Seabreeze Avenue~ reminded everyone that Saturday,
November 1 lth, is Veterans Day. The American Legion will host a commemorative ceremony
at the Delray Beach cemetery at 9:30 a.m. and the VFW will hold their observance at Worthing
Park at 11:30 a.m. In view of the patriotic and civic significance of the Veterans Day
observances, Mr. Bennett urged everyone to make an effort to attend one or both of the ceremo-
nies.
12.
FIRST READINGS:
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12.A. ORDINANCE NO. 30-00: An ordinance amending the Silver Terrace Special
Activities District Ordinance to allow additional uses along Dixie Highway. If passed, a public
hearing will be scheduled for November 21, 2000.
The City Manager presented Ordinance No.30-00:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE
NO. 39-96 WHICH ESTABLISHED THE SPECIAL
ACTIVITIES (SAD) ZONING DISTRICT FOR CERTAIN
LAND LOCATED IN THE SILVER TERRACE SUBDIVISION,
BY AMENDING SECTION 2 OF SAID ORDINANCE 39-96 TO
ALLOW ADDITIONAL USES ALONG DIXIE HIGHWAY AS
THE SAME IS MORE PARTICULARLY DESCRIBED
HEREIN; PROVIDING FOR THE RENUMBERING OF THE
REMAINDER OF SAID SECTION 2; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 30-00 is on file in the City Clerk's office.)
The Assistant City Attorney, Mr. Shutt, read the caption of the ordinance.
Ron Hoggard, Senior Planner (Redevelopment), stated that this is an amendment
of the Silver Terrace SAD. The Silver Terrace redevelopment plan was adopted in 1996 and the
plan recommended the formation of a flexible zoning district in order to accommodate the large
number of non-conforming uses within the Silver Terrace subdivision. The SAD ordinance was
adopted in 1996. The applicant is the property owner of property at 1026 South Dixie Highway
and has had a hard time trying to lease out or sell that property. He is requesting that additional
uses and another change be added to the Silver Terrace SAD ordinance, in particular the uses
that he would like to add would be the principal uses in the RO district, except for duplexes. He
wants to remove the restriction on the sale of convenience food and beverages. He wants to
allow contractors' offices, including storage of construction material. He wants to allow the
retail sale of new and used furniture, carpet, tile, draperies, antiques and appliances, and he wants
to allow the storage of construction supplies, boats, motorcycles or vehicles in existing non-
residential structures with garage facilities. These uses that he is proposing, with the exception
of the uses in the RO district, represent an intensification of the uses in this area and would have
a negative impact on the neighborhood, additionally, they are typically permitted within zoning
districts commercial and industrial zoning categories and are not permitted within the TRN
(Transitional) Future Land Use Map classification which is on this property. Therefore, they
should not be approved. The uses that are allowed within the Residential Office zoning district,
which primarily would allow him to construct professional offices that don't have the re-
quirement as in the NC district that you have to have a service component to the community with
customers coming in and out, so you would not have that requirement that he does now. The
property immediately to the south of him in the Silver Terrace SAD already has that property
with the uses in the RO, so this is compatible with those two uses and it does not negatively
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impact the redevelopment plan. That is supportable. He also would like to modify the ordinance
by changing the requirement that non-residential structures shall take access from South Dixie
and 10th, and he wants to exempt existing non-residential structures. The redevelopment plan is
very specific that one of the major problems in here is that it needs to have a division of
commercial and residential traffic, so we think that any change to that would be in conflict with
the redevelopment plan. Additionally, for existing structures that are grandfathered in as existing
non-conforming structures that have access off of the other streets, that can continue as long as
they don't do a major change in the plan that would redevelop the property that would require a
site plan modification in which case they would have to comply with the zoning code. so we
think that is unnecessary and we should not make that change. Therefore, we recommend that
the only change to be adopted would be to add the principal uses in the RO district. That was the
recommendation that went to the Planning and Zoning Board for consideration, and the board
agreed with that and recommended same to the Commission.
Commissioner Archer commented that she felt it was very important that one of
the things that we do is to consider the potential of, particularly in redevelopment areas and in
our future zoning requirements, that we not allow 24-hour usage of convenience operations
within the City. In fact I would like to review removing it in an area that has been designated for
redevelopment, so I'm very glad that you made that recommendation.
Mrs. Archer moved to approve Ordinance No. 30-00 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt -
Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes. Said motion passed with a 4
to 0 vote.
At this point, the time being 8:55 p.m., the Commission returned to Item 9.B. on
the regular agenda.
9.B. CONDITIONAL USE REQUEST/HOUSE OF GOD CHURCH: Consider a
request for conditional use approval to allow the establishment of the House of God Church on
Lots 15 and 16, Block 35, Town of Delray. The subject property is located at the northwest
corner ofN.W. 1st Street and N.W. 3rd Avenue. It is zoned R-1-A (Single Family Residential)
and is located within the West Settlers Historic District. QUASI-JUDICIAL PROCEEDING
The City Attorney 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.
Mayor Schmidt asked for disclosure. Mayor Schmidt then stated that he spoke
with Mr. Williams regarding this subject a couple of weeks ago. There was no contact by the
remaining Commissioners.
item.
The City Clerk swore in those individuals who wished to give testimony on this
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Paul Dorling, Acting Director of Planning and Zoning, entered the project file into
the record. He stated that in July of 1999 the City and the House of God Church executed a
contract for sale and exchange of property which swapped properties and allowed the prior
Church property to be incorporated in the RFP for redevelopment of Block 36. This contract
allowed the church to reconstruct a new church facility of similar size on the property which was
swapped to them by the City. The Planning and Zoning Board considered this request at a public
hearing on September 18, 2000, at which several members of the public spoke addressing some
concerns with respect to parking and overflow situations that the previous church impacted the
neighborhood with. the Board also had discussion with respect to that item in addition to an
issue of an internal multi-purpose room within the facility that was being proposed that could be
converted, a sliding wall that could be converted to potentially expand the church over and above
the existing or the proposed seating without going through additional conditional use process.
Given those concerns, the Board continued the request and moved it to a workshop which was
held on October 2nd. The applicant attended that meeting and through discussions at that
workshop, the Board agreed that the concerns over parking could be mitigated if the House of
God executed a cross parking agreement with the City to use some of the parking at city hall,
particularly that along the west side of City Hall, and also got an agreement from the applicant
that they would convert that sliding wall to a solid wall, thereby relieving the concerns about
expansion without conditional use modification. Additionally, the Board discussed the potential
to provide a pedestrian connection between their facility and the parking on the west side of City
Hall. The Board then considered the request again on October 16th and with those
recommendations, recommended approval.
Mayor Schmidt declared the public hearing open. There being no one who,
having been duly sworn, wished to address the Commission, the public hearing was closed.
Ms. McCarthy moved to approve the conditional use request to allow the
establishment of the House of God Church on Lots 15 and 16, Block 35, Town of Delray 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 subject to conditions (on page 2 of
the report), with the only change being that #1 be amended to read that the church have a seating
of up to 161 persons. The motion was seconded by Mrs. Archer. Upon roll call the Commission
voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt -
Yes. Said motion passed with a 4 to 0 vote.
9.C.
REQUEST FOR WAIVER (RECONFIGURATION OF
NONCONFORMING LOTS IN OSCEOLA PARK): Consider approval of a waiver to LDR
Section 4.3.1(D) to allow the reconfiguration of existing nonconforming lots to create new
nonconforming lots for Lots 7 & 8, Block 4, Osceola Park, located at the northwest corner of
S.E. 4th Avenue and S.E. 5th Street. The recommended action is to DENY the waiver request.
QUASI-JUDICIAL PROCEEDING
The Assistant City Attorney 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.
-22- 11/07/00
Mayor Schmidt asked for disclosure from the Commission. Mayor Schmidt, Mr.
Schwartz, Ms. Archer, and Ms. McCarthy each stated that they had discussed this item with Mr.
Frysinger on separate occasions.
The City Clerk swore in those individuals who wished to give testimony on this
item.
Ron Hoggard, Senior Planner (Redevelopment), entered the project file into the
record. The property owner has two lots that are located on S.E. 5th Street in the Osceola Park
subdivision. Osceola Park is currently underway for a redevelopment plan for this
neighborhood. The applicant has done some redevelopment across the street on lots that were
reconfigured and he has constructed some houses and others are under construction. He wishes
to do something similar at this location to take these two lots that are oriented north/south and
fronting on 5th Street and to reorient the lots to front on S.E. 4th Avenue; they would run
east/west. The property currently has an existing single family house that is constructed across
the two lot lines on the north side of the lot. The lots are 46.9 feet for the corner lot and 46.8 feet
for the interior lot. The lots are platted at 130.2 feet deep. Therefore, they are nonconforming
right now with respect to the frontage, the lot area and the lot width. The applicant wants to
reconfigure those lots so that the proposed configuration would be 59.84 feet wide for one lot
and one at 69.58 feet wide and then the depth would be 93.7 feet. The resulting lots would be
nonconforming with respect to frontage, lot area and width as before, but would also become
nonconforming with respect to depth. The section in the code that deals with uses of lots of
record, which these are, and it provides that development can occur on lots of record that do not
meet the minimum standards as long as they .. they also have to be a minimum of 50 feet wide
and both of these lots are less than 50 feet wide. The existing lot that has been combined is
conforming with respect to City standards. The effect of reconfiguring the lots in the other
direction and the current restriction would limit him to one lot because of the width requirement.
This was reviewed at DSMG to exempt the requirement for a replat and DSMG denied that
request because of the width of the lots not meeting the 50 foot requirement, they felt that there
has been a lot of lots in the City that people have been denied to build on because they didn't
meet that requirement. There has to be some minimum standard. The typical frontage would be
60 feet in this zoning district. We do note that this is in a redevelopment area and we are doing a
redevelopment plan for it. Another positive of the project is that development of the property
would be a boost to the neighborhood, and the project being done across the street is definitely
an improvement in this neighborhood. The lots that would be created are compatible with the
lots that are up and down 4th Street, generally they are 50 ft. wide lots, so from the street side it
really would not be incompatible with those lots. The proposed lots would be wider than the
typical platted lots in the subdivision; however, alot of the platted lots along 4th Street have been
combined together to form larger development parcels. 32 of the 105 lots along 4th have been
combined to form lots that are 75 feet or greater in width, and 13 are greater than 100 feet, so the
larger lot as exists right now is also compatible with the street, and the house already on there
fronts on 4th already. Given the existing development pattern on the street, we think it is
appropriate that the homes that front on SE 4th Avenue as he is proposing although the subject
property could be redevelopment for our one-house orient or the existing house could be
improved. Staff cannot make the finding that the reconfiguration of the two lots are necessary
-23- 11/07/00
and appropriate as you would have in order to grant the waiver. The CRA was not able to give a
formal recommendation, but Diane has spoken to the members of the Board and will disclose her
informal discussions. The Planning and Zoning Board does not review this item. There has been
public notice sent out to residents within 500 feet of the location, no responses have been
received. It is staff's recommendation to deny the waiver based on the determination that the
two lots will become more nonconforming and it has not been demonstrated it is necessary and
appropriate. Mr. Hoggard entered the file into the record.
The following individuals spoke in opposition:
C. Ramnarase~ 401 SE 4th Avenue, stated that he feels the house can be restored
and opposes the lot separation.
Lupe Televaia~ corner of SE 4th Avenue/SE 4th Street, stated that there is no
land and she does not want her house to be divided.
The following individuals spoke in favor:
Jack Frvsinger~ 419 SE 4th Avenue, explained the reasoning for the application
for a waiver.
Diane Domin~uez~ Director of CRA~ stated that the CRA did not have a quorum
on this item when it was brought to the CRA for recommendation. It was discussed with five of
the seven members. One was neutral and the other four were strongly in favor of the application.
The public hearing was closed.
Ms. Archer requested clarification on the 50-foot frontage requirement, which Mr.
Hoggard responded to.
Ms. McCarthy stated the reason for setting the minimum frontage and square
footage for a lot was because in an effort to help the synergy and home ownership in the city,
homebuyers mostly wanted the three bedrooms, two bathrooms home. In order to accommodate
that square footage and prevent row houses from being built in our city was one of the motivated
reasons why everyone agreed to a fifty foot frontage with exceptions. Ms. McCarthy requested
to look at revision to lot requirements as part of affordable housing.
Following a lengthy discussion by the Commission, Ms. Archer motioned to
approve the request for a waiver, seconded by Mr. Perlman. Upon roll call the Commission voted
as follows: Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes.
Said motion passed with a 4 to 0 vote.
9.D. RESOLUTION NO. 94-00 (2ND AMENDMENT TO WEST ATLANTIC
AVENUE REDEVELOPMENT PLAN): Consider approval of a resolution adopting the
Second Amendment to the West Atlantic Avenue Redevelopment Plan.
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The City Manager presented Resolution No. 94-00:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, ADOPTING THE SECOND
AMENDMENT TO THE WEST ATLANTIC AVENUE
REDEVELOPMENT PLAN; FINDING THAT THE MODIFI-
CATIONS CONFORM TO THE COMMUNITY REDEVELOP-
MENT ACT OF 1969, AS AMENDED; FINDING THAT THE
MODIFICATIONS ARE CONSISTENT WITH THE CITY OF
DELRAY BEACH'S COMPREHENSIVE PLAN, AND MAKING
FURTHER FINDINGS PURSUANT TO THE APPLICABLE
REQUIREMENTS OF FLORIDA STATUTES SECTION
163.360(6)(7); PROVIDING AN EFFECTIVE DATE.
(The official copy of Resolution No. 94-00 is on file in the City Clerk's office.)
Mr. Ronald Hoggard explained the background of the proposed resolution.
Upon roll call
Mr. Perlman-
Mr. Perlman moved to approve Resolution No. 94-00, seconded by Ms. Archer.
the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes;
Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote.
9.E. WAIVER REQUESTS AND FINAL PLAT APPROVAL FOR LANE
SUBDIVISION: Consider approval of three waiver requests (pavement width, sidewalks, and
right-of-way width) and the final subdivision plat for Lane Subdivision, a proposed four lot
single family development to be located east of Andrews Avenue on the north and south sides of
Hammond Road. QUASI-JUDICIAL PROCEEDING
The City Attorney 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.
Mr. Paul Dorling entered the project file into the record and presented the
background on this item.
Roger Saberson, representing the applicant, Dr. Kerry Lane, stated he and
Mr. Jerry Church are there for any questions.
Mr. Archer moved to approve the waiver request to the LDR as set forth in the
staff report, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr.
Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion
passed with a 4 to 0 vote.
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Ms. Archer moved to approve the final plat for the Lane Subdivision based upon
positive findings with respect to LDR sections 3.1.1 and 3.2.3 and Objectives and Policies of the
Comprehensive Plan, seconded by Ms. McCarthy. Mr. Perlman - Yes; Mrs. Archer - Yes; Ms.
McCarthy - Yes; Mayor Schmidt - Yes. Said motion
9.F. USE OF IN-LIEU OF PARKING FEES: Consider approval of the use of
$40,000 of in-lieu of parking fees for Phase I! of the Decorative Street Signage program for
parking directional signs, parking locator signs, parking lot directional signs, parking lot internal
signs and other directional/informational signs.
Mr. Robert Barcinski, Assistant City Manager, presented the background of this
item, which was followed by Commission discussion.
Ms. Archer moved to approve the request to utilize up to $40,000 from in-lieu-of
parking fees for the proposed Phase I! sign package as recommended by staff and the Parking
Management Advisory Board, seconded by Mr. Perlman.
Ms. McCarthy stated that because development started in a central area and its
heading west, she would like to say, for the record that of this original monies that has been
obtained we continue using portions, that there be a reserve of X number of dollars somewhere
so that when area four, which is our next development area, is put in place, they are privy to
some of these funds, instead of them having to wait to obtain enough revenue to get signage.
Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Ms.
McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0
vote.
9.G. AGREEMENT WITH CHRIS EVERT CHARITIES~ INC.: Consider
approval of a license agreement that would allow Chris Evert Charities, Inc. to use the Tennis
Center for a two-day Pro-Celebrity Tennis Classic to be held on December 2 and 3, 2000.
Mr. Barcinski presented the background on this item.
The City Attorney noted a change on page 12, paragraph 19D of the agreement
where the last sentence is suggested to be deleted with the mutual agreement as to cost to control.
Mr. Dubin expects approximately $400.00 in costs to be paid by the City, but is not sure.
Mr. Perlman moved to approve the agreement with Chris Evert Charities, Inc. as
amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion
passed with a 4 to 0 vote.
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9.H. POLICY CHANGES AT THE MUNICIPAL GOLF COURSE: Consider
approval of proposed policy changes at the Municipal Golf Course to allow non-resident prepaid
permits up to 50, and to allow non-residents to call in for tee times at specified times.
Mr. Barcinski presented the background on this item.
Mr. Perlman moved to approve the policy changes at the Municipal Golf Course
to allow non-resident prepaid permits up to 50, and to allow non-residents to call in for tee at
specified times, seconded by Ms. Archer. Upon roll call the Commission voted as follows:
Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes. Said
motion passed with a 4 to 0 vote.
9.l.
FY 2001 PERFORMANCE MEASURES FOR THE MUNICIPAL AND
LAKEVIEW GOLF COURSES: Consider approval of the proposed FY 2001 performance
measures for the Municipal and Lakeview golf courses.
Mr. Barcinski presented the background on this item, which was followed by
Commission questions.
Ms. Archer approved the proposed FY 2001 performance measures for the
Municipal and Lakeview golf courses, seconded by Mr. Perlman. Upon roll call the Commission
voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy -
Yes. Said motion passed with a 4 to 0 vote.
9.j.
FY 2001 PERFORMANCE MEASURES FOR THE TENNIS CENTER
AND DELRAY SWIM & TENNIS CLUB: Consider approval of the proposed FY 2001
performance measures for the Tennis Center and the Delray Swim and Tennis Club.
Mr. Barcinski presented the background on this item, which was followed by
Commission questions.
It was the consensus of the Commission that items #4 and #9 of the bonus
requirements be removed.
Mr. Perlman moved to approve the proposed FY 2001 performance measures for
the Tennis Center and the Delray Swim and Tennis Club as amended, seconded by Ms. Archer.
Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Ms.
McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote.
9.K. SPECIAL EVENT REQUEST/FIRST NIGHT: Consider a request for special
event approval for First Night 2001 to be held on December 31, 2000 from 4:00 p.m. until
midnight, to include a temporary use permit for the use of City facilities and rights-of-way (street
closures), staff support, waiver of overtime costs and facility and equipment costs, and to provide
portable lighting for street intersections.
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Mr. Barcinski presented an overview on this item, which was followed by
Commission discussion.
Mr. Perlman moved to approve the special event request for First Night 2001 to
be held on December 31, 2000 from 4:00 p.m. until midnight, to include a temporary use permit
for the use of City facilities and rights-of-way (street closures), staff support, waiver of overtime
costs and facility and equipment costs, and to provide portable lighting for street intersections
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes;
Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to
0 vote.
9.L. SPECIAL EVENT REQUEST/FOTOFUSION 2001: Consider a request for
special event approval for Fotofusion 2001 to be held January 23-27, 2001, including sign
preparation, staff support for banner hanging, and waiver of rental fees and signage costs.
Mr. Barcinski presented an overview on this item, which was followed by
Commission discussion.
Ms. Archer motioned to approve the request for special event for Fotofusion 2001
to be held January 23-27, 2001, including sign preparation, staff support for banner hanging, and
waiver of rental fees and signage costs, seconded by Ms. McCarthy. Upon roll call the
Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes;
Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote.
9.M. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Consider
a request for special event approval for the December 7, 2000 Art & Jazz, including temporary
use permits for street closures, staff support, use of City equipment, and specified overtime costs.
Mr. Barcinski presented an overview on this item.
Ms. McCarthy motioned to approve the special event request for the December 7,
2000 Art & Jazz, including temporary use permits for street closures, staff support, use of City
equipment, and specified overtime costs, seconded by Ms. Archer. Upon roll call the
Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes;
Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote.
9.N. SETTLEMENT OFFER/PFLEGER V. CITY OF DELRAY BEACH
CLAIM: Consider a settlement offer in the referenced matter.
The City Attorney presented the background on this item.
Mrs. Archer moved to approve settlement of Pfleger v. City of Delray Beach
claim in the amount of $12,500.00. The motion was seconded by Ms. McCarthy. Upon roll call
the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes;
Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote.
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9.0. SETTLEMENT OFFER/ALTIDOR V. CITY OF DELRAY BEACH:
Consider a settlement offer in the referenced matter.
The City Attorney presented the background on this item.
Mrs. Archer moved to approve settlement of Altidor v. City of Delray Beach in
the amount of $20,000.00 which includes all attorney's fees and costs. The motion was seconded
by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Ms.
McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0
vote.
9.P.
OFFER OF JUDGMENT/SULLIVAN V. CITY OF DELRAY BEACH:
Consider an offer of judgment in the referenced matter.
The City Attorney presented the background on this item.
Mrs. Archer moved to DENY the offer of judgment in Sullivan v. City of Delray
Beach, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion
passed with a 4 to 0 vote.
9.Q. SETTLEMENT OFFER/SNYDER V. KILGORE, MUSCO, COLE,
LINCOLN AND NANCY ADAMS: Consider a settlement offer in the referenced matter.
The City Attorney stated that an offer to settle the referenced case has been
received for $25,000 and a letter of apology/explanation under the Mayor's signature. This
matter arose from acts that allegedly occurred in approximately 1989. The City has been
dismissed from the case, but the case continues against the named former and current City
officers. State statute and City ordinances require the City to indemnify and defend its officers
and employees for acts performed in the scope and course of their employment. The City
Attorney stated it was her understanding that the former and current officers desire to conclude
this matter and hope that the Commission will approve the settlement.
Mayor Schmidt stated that he was not comfortable with the letter of
apology/explanation as currently written and he would not be willing to sign it. Discussion
ensued, after which it was the consensus of the Commission to allow the Mayor and the City
Attorney to work on revising the language in the letter so that it would be acceptable to both
sides.
Mrs. Archer moved to approve the settlement offer in the referenced matter, with
the caveat that the Mayor and City Attorney work out language for the letter that is acceptable to
both sides. The motion was seconded by Ms. McCarthy. Upon roll call the Commission voted
as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes.
Said motion passed with a 4 to 0 vote.
(Commissioner McCarthy left the room at this time.)
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9.R. PURCHASE OF EMERGENCY MEDICAL CARE REPLACEMENT
VEHICLE: Consider approving the purchase of an Emergency Medical Care replacement
vehicle, via a joint bid with the City of Boca Raton, from American LaFrance Medicmaster in
the amount of $135,050, with funding from 501-3312-591-64.20 (Vehicle Replacement).
Mr. Perlman moved to approve the purchase of an emergency medical care
replacement vehicle from American LaFrance Medicmaster as recommended by staff. The
motion was seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr.
Perlman - Yes; Mrs. Archer - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote.
(Commissioner McCarthy returned to the dais at this time.)
9.S.
TEMPORARY AGREEMENT TO OBTAIN WATERfMARKETPLACE
OF DELRAY PLAZA: Consider approval of a Temporary Agreement to Obtain Water for a
period of ninety (90) days for certain properties within the MarketPlace of Delray shopping plaza
located at the northwest corner of Military Trail and Atlantic Avenue. (BY ADDENDUM)
Paul Dorling, Acting Director of Planning and Zoning, stated that the
MarketPlace of Delray Plaza is located at the northwest corner of West Atlantic Avenue and
Military Trail. They have done some renovations to the Office Depot building which used to be
the K-Mart building. They now are requesting seven (7) additional water meters; they have an
existing water service agreement with the City and that water service agreement states that
additional requests must first be approved by the City. We have some issues with respect to the
original water service agreement and some of the service rates that are being charged out there.
In the interest of allowing them to get water quickly, we have proposed a temporary agreement
for ninety (90) days to work out those issues with them.
Mayor Schmidt clarified that if the issues cannot be resolved in the ninety days,
then according to the proposed agreement we can terminate service with thirty days notice.
Mrs. Archer moved to approve the temporary agreement to obtain water with
MarketPlace of Delray Plaza. The motion was seconded by Ms. McCarthy. Upon roll call the
Commission voted as follows: Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes;
Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote.
13.
Comments and Inquiries on Non-Agenda Items.
13.A. City Manager.
The City Manager noted that the new goals and targets had been put up in the
Commissiom Chambers.
The City Manager stated that a Police compensation package would be presented
at the November 14th workshop for Commission consideration.
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13.B. City Attorney.
The City Attorney had no comments or inquiries.
13.C.
City Commission.
13.C.1. Commissioner Archer commented that she was very pleased to hear that the
Police compensation issue was scheduled for the next work session. There is a great deal of
concern about this issue and she was glad it is finally being addressed.
Commissioner Archer commented that she received an inquiry from a Deacon at
the Presbyterian Church asking for a response to a letter they sent regarding our request for use
of their parking lot. Mayor $chmidt stated that he had talked to Bob Rex, Chairman of the
Church's Parking Committee, and that City staff is gathering information on comparable rentals
so that we can go back to them with a counteroffer. Commissioner Archer stated that it was her
understanding that the church was favorable to working something out, but the issue now is
money.
Commissioner Archer asked if any progress had been made on the hiring of the
parking planner? The City Manager stated that the person that was selected decided to take
another job so the position is now being re-advertised.
Commissioner Archer advised that the Metropolitan Planning Organization
(MPa) would only be meeting once between now and the end of the year, and that would be on a
date towards the end of November, so she would not have a report for the Commission. She also
noted that the MPa voted to oppose the high speed rail question that is on today's ballot.
13.C.2. Commissioner Perlman commented that the MacArthur Grant process is up and
running and he felt that the first meeting went reasonably well.
Commissioner Perlman commended Janet Meeks and Lula Butler on the
tremendous job they have done on the school boundary issue. This is something that was kind of
dropped in their laps in addition to their other duties, and they have both done a great job.
During Florida Government Week, Commissioner Perlman went to speak to a
Brownie troop and he told them that he would pass along their suggestions. They would like to
see smoking banned in public parks, they want trees left when houses are built, they would like
the Mayor to go on their school TV news so that they know what is going on, and they would
like the Mayor to arrest people that speed in school zones.
13.C.3. Commissioner McCarthy commented that she felt it might be necessary to have
signs posted at the doors to the Commission Chambers and the conference room asking people to
turn off their cell phones or to put them on silent. During the hearing on the telecommunications
tower earlier in the evening, she found it extremely disruptive to have the phones going off all
through the proceeding.
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Commissioner McCarthy also commented that with the City making school issues
a high priority, she wanted to bring to the Commission's attention a problem she had been made
aware of. There are quite a few schools where children who are entering first grade are
struggling and having a hard time with the transition, and one of the reasons for that is because
when children go to preschools and are in the Title VIII program, the preschools are prohibited
from teaching them certain fundamental social skills such as how to get in line. So when they
get into the school system, the children have to have crash courses in a lot of things that we
normally would expect them to have in place. Since the Commission is actively addressing
school issues, Commissioner McCarthy felt that the Commission might want to address this
situation in letter form to the entity that actually supplies the Title VIII funds to our schools
because it is effectively sabotaging our young people.
13.C.4. Mayor Schmidt commented on the student shadowing day with the children from
Plumosa Elementary. He felt that all of the kids really enjoyed it.
Mayor Schmidt stated that he had attended a seminar last week in Orlando that
was put on by the Florida Institute of Government. They are doing a study on measuring
performance in City government and he obtained a lot of good information which he passed on
to the City Manager which he hoped would get disseminated to staff.
Mayor Schmidt commented that he was glad to see the new City goals up, but
suggested that they be moved to the front of the Chambers so that they would be visible from
everywhere in the room.
Following up on Commissioner McCarthy's comments about cell phones, Mayor
$chmidt commented that posting the house rules was talked about at the goal-setting sessions,
and he felt that the notice on cell phones could be incorporated into that.
Mayor Schmidt stated that the City Attorney had brought to his attention the
County's procedure for conducting quasi-judicial hearings and the time limits that they impose
for presentations, witnesses and things like that. He asked the City Attorney to circulate this
information to the Commission as it might be something the Commission may want to consider
adopting.
Mayor Schmidt reminded everyone of the meeting scheduled with School
Superintendent Marlin on November 16th at 3:00 p.m., and that the Commission would be
having a presentation from Lula Butler and Janet Meeks at next week's workshop on what is
going to be presented to Dr. Marlin.
Mayor Schmidt provided an update on the Boca Raton Airport Authority meeting.
He distributed maps of the two alternatives that were being discussed. Alternative #2 is the one
that the City Commission took action to oppose, and Alternative #8 is the one that the
Authority's 150 Committee voted to approve. While Alternative #8 includes a preference for
take-offs to the north, it would reroute almost all of the landings, weather permitting, to come
down the coast and swing in around Palmetto Park Road to land at the south end of the airport.
Mayor Schmidt also pointed out that there are certain use restrictions that will probably be
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adopted, including doing away with stage one jets, which are the noisiest, using the airport at all,
and night restrictions that would cut down on the noise from planes landing and taking off when
they most annoy people. The gist of the meeting was that their Commission had voted for
alternative #2 because that put all the planes out to the west, but Mayor Schmidt felt their
Commission might be coming around to alternative #8. They want to let the new tower get on
line for a month or so to see what kind of effect that may have on controlling the problems with
the planes.
11:00 p.m.
There being no further business, the meeting was adjourned by Mayor Schmidt at
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 City Commission Regular Meeting held on November 7,
2000, which minutes were formally approved and adopted by the City Commission on
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.
-33- 11/07/00
adopted, including doing away with stage one jets, which are the noisiest, using the airport at all,
and night restrictions that would cut down on the noise from planes landing and taking off when
they most annoy people. The gist of the meeting was that their Commission had voted for
alternative #2 because that put all the planes out to the west, but Mayor Schmidt felt their
Co..mmission might be coming around to'altemativ, e #8. They want_to let the new tower get_ on
line for a month or so to see what kind of effect that may have on controlling the problems with
the planes.
11:00 p.m.
There being no finther business, the meeting was adjourned by Mayor Sehmidt at
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 City Commission Regular Meeting held on November 7,
utes were. fo .nnally appr. ove~d and adopted .by the City Commission on
. . .
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.
-33- 11/07/00