12-05-00DECEMBER 5~ 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, December 5, 2000.
1. Roll call showed:
Present -
Commissioner Patricia Archer
Commissioner Alberta McCarthy
Commissioner Jeff Perlman
Commissioner Bill Schwartz
Mayor David Schmidt
Absent - None
Also present were City Manager David T. Harden and City Attorney Susan A.
Ruby.
2. The opening
Abbey Delray South.
prayer was delivered by Reverend Richard Evans, Chaplain at
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The Pledge of Allegiance to the flag of the United States of America was given.
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Agenda Approval.
Mayor Schmidt noted the addition of Item 9.D., Memorandum of
Understanding, and Item 9.E., Interest in Consideration for Palm Beach County League of
Cities Appointments, to the regular agenda by addendum.
Mr. Schwartz moved to approve the agenda as amended, seconded by Mr.
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.
Approval of Minutes:
Mrs. Archer moved to approve the Minutes of the Regular Meeting of November
21, 2000. 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.
6. Proclamations:
OF NOTE:
6.A. Supporting and declaring December 15~ 2000 as Bill of Rights Day in Florida
6.B. National Epilepsy Awareness Month - November 2000
Mayor Schmidt noted a proclamation in support of and declaring December 15,
2000 as Bill of Rights Day in the City of Delray Beach. Mayor Schmidt also noted a
proclamation in recognition of the month of November as National Epilepsy Awareness Month.
7. Presentations:
Site Plan Review and Appearance Board 9th Annual Award Recognition
7.A.
Program.
Bill Branning, Chairman of the Site Plan Review and Appearance Board,
presented the following awards:
New Commercial Development
Congress Park
· Parkview Properties (Owner)
· Pierce, Goodwin, Alexander & Linville (Architect)
· Grant Thornbrough and Associates (Landscape Architect)
Private Community Facility
St. Vincent Ferrer Church
· Diocese of Palm Beach County (Owner)
· Digby Bridges, Marsh & Associates (Architect)
· Dave Bodker Landscape Architecture & Planning, Inc. (Landscape Architect)
Public Community Proiect
Pineapple Grove Way Arch
· Pineapple Grove Main Street, Inc. (Owner)
· Perez Design, Inc. (Architect)
· Daniel H. Carter (Landscape Architect)
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Redevelopment Proiect
Apple Professional Center
· Apple Holdings Corporation (Owner)
· Eliopoulos and Associates, Inc. (Architect)
· EnviroDesign Associates (Landscape Architect)
Multi-Family Residential Development
St. George's Landing at The Landings
· Sealink Investments (Owner)
· Ames Design International (Architect)
· Dave Bodker Landscape Architecture & Planning, Inc. (Landscape Architect)
Exterior Renovations
City Oyster
· Delray Tavern Corporation (Owner)
· Lorne Johnston Architects (Architect)
Wall Signage
City Oyster
· Delray Tavern Corporation (Owner)
· Ferrin Signs, Inc. (Sign Contractor)
Free Standing Signage
Kyoto Sushi Restaurant
· Kyoto Sushi Restaurant (Owner)
· Camilucci Signs (Sign Contractor)
· George Brewer (Architect)
8_. CONSENT AGENDA: City Manager recommends approval.
8.A. EMERGENCY MANAGEMENT GRANT APPLICATIONS: Authorize
Langton & Associates to submit five (5) emergency management grant applications on behalf of
the City of Delray Beach.
8.B. INTERLOCAL AGREEMENT WITH PALM BEACH
COUNTY/MOTOROLA SMARTZONE CONTROLLER: Approve an interlocal agreement
between the Cities of Boca Raton, Boynton Beach and Delray Beach and Palm Beach County for
the purpose of allowing access to the Motorola SmartZone Controller owned by Palm Beach
County.
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8.C. LETTER OF ELECTION/BELL SOUTH TELECOMMUNICATIONS:
Approve two agreements with Bell South Telecommunications to furnish, install and maintain
telephone line service for the new 800 MHz radio system in the total amount of $51,110.60, with
funding from 001-2113-521-41.10 (Police Support Services - Telephone Expense). One
agreement is for the connection between the Police Department and the Palm Beach County
radio site (Forest Hill Boulevard) and one is for the connection between the Police Department
and the Hardrives tower site (South Congress Avenue).
8.D. FINAL PLAT APPROVAL/JENNINGS SUBDIVISION: Approve the final
subdivision plat for Jennings Subdivision, a proposed two lot commercial subdivision to be
located on the west side of North Federal Highway, approximately 315 feet south of Gulfstream
Boulevard.
8.E. FINAL PLAT APPROVAL/OCEAN HAMMOCK: Approve the final
subdivision plat for Ocean Hammock, a proposed ten lot townhouse development to be located at
the southwest corner of State Road A1A and Pelican Lane.
8.F. FINAL PLAT APPROVAL/STONE STATION FLORIDA, INC.: Approve
the final subdivision plat for Stone Station Florida, Inc., a proposed two lot commercial
subdivision to be located on the west side of S.W. 14th Avenue between S.W. 7th and 8th Streets.
8.G.
SERVICE AUTHORIZATION #6/MATHEWS CONSULTING
(INTRACOASTAL FORCE MAIN CROSSING): Approve Service Authorization #6 in the
amount of $19,945.00 with Mathews Consulting, Inc. for professional engineering services
related to the 16" Intracoastal Force Main Crossing project, with funding from 441-5181-536-
63.74 (Water & Sewer - Intracoastal Sewer Crossing).
8.H. FUNDING SUBSIDIES UNDER DELRAY BEACH RENAISSANCE
PROGRAM: Approve funding subsidies in the total amount of $55,700.00 for three (3) income
eligible applicants under the Delray Beach Renaissance Program, with funding from 118-1924-
554-83.01 (SHIP Program), representing the 112th, 113th and 114th homeownership assistance
grants provided through the program to-date.
8.1. RESOLUTION NO. 98-00: Approve a resolution assessing costs for action
necessary to abate nuisances on sixteen (16) properties throughout the City.
The caption of Resolution No. 98-00 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 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
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g.J.
AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A
DUE DATE AND INTEREST ON DECLARING SAID LEVY TO BE
A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID
ASSESSMENTS.
(The official copy of Resolution No. 98-00 is on file in the City Clerk's office.)
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period from
November 20th through December 1, 2000.
8.K. LIEN REVIEW ADVISORY TEAM APPOINTMENT CHANGE: Approve
a change to the appointments to the Lien Review Advisory Team as recommended by the
Advisory Team.
Mr. Perlman moved to approve the consent agenda, seconded by Mr. Schwartz.
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.
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REGULAR AGENDA:
9.A. BONUS PAYMENT TO DUBIN AND ASSOCIATES: Consider approval of
FY 2000 bonus payments to Dubin and Associates, Inc. for golf operations and for Tennis Center
operations.
Robert A. Barcinski, Assistant City Manager, presented an overview of the
request. The bonus amount requested for golf operations for the fiscal year ending September
30, 2000, is $16,299.00 which is about 12.3% of the annual fee. The bonus amount requested for
tennis operations for the fiscal year ending September 30, 2000, is $2,520.00 which is a little
over ten percent (10%) of the annual fee. Mr. Dubin's contract allows for up to a fifteen percent
(15%) bonus at the City Commission's discretion. Mr. Barcinski noted that Mr. Dubin had
submitted a detailed memorandum outlining the year's accomplishments for each of the
facilities. Also provided were the performance measures for the last year.
Mr. Perlman moved to approve a bonus payment in the amount of $16,299.00 to
Dubin and Associates for FY 2000 golf operations. The motion was seconded by Ms. McCarthy.
Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor $chmidt - Yes;
Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 5 to 0
vote.
Concerning tennis center operations, Commissioner Archer asked if the results
from the customer service questionnaire had been provided to the Commission. Mr. Barcinski
responded that the survey was completed in August and the results were sent to the Commission.
It was done basically on a 1 to 5 rating scale, with the overall rating for the whole tennis center
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facility coming in at about a 3.72 rating. He felt that the staff was working very hard to try to
improve on this number.
Commissioner Perlman commented that he remains concerned about the lack of a
business plan for both the tennis center and the new facility (Delray Swim and Tennis Club), and
lack of a vision for the stadium. He felt there was a need to include a lot of community resources
and set up a task force in this regard, and once and for all determine a future for this facility to
see what is possible and what is not possible. Customer satisfaction, ! saw the survey in August,
! can't ignore the calls I've gotten and ! was aware of a petition last year that was signed by a
number of members. ! have questions about customer satisfaction. Naming rights I'm not going
to go into, but ! have not been pleased with that process and for these reasons ! can't support the
bonus. The two goals that were not accomplished in my mind wre probably the two key goals.
The tennis center loss of $75,000 and the naming rights. We have the new facility coming on
line with tremendous potential and ! still don't have, ! can't tell people who call me what the
vision is for the new facility, nor can ! tell them what we are doing with the tennis stadium.
There is no long range vision. The Commission needs to give clear direction on the tennis
stadium, but when it comes to the Laver's site, that is what ! expected back from you.
Commissioner Archer stated as far as the business plan and some direction for the
Tennis Center, she agreed with Commissioner Perlman. She, too, has gotten some phone calls
and she thinks that one of the things that we need to consider in the operation of the tennis center
for this coming year is more attention to customer satisfaction. And as part of that to be sure that
we have some timely use and reuse of the courts available for our players surrounding events. !
think that must be a very frustrating factor for some of the players. The other thing that she
would suggest is that we might want see if we couldn't make some more opportunities for more
participation of some of the players and the members in some of the things that go on at the
center. So that there was more participation and more communication flowing back and forth
between the members and management. She also thinks the city needs to have a plan for Laver' s,
what is the time table, what are we doing, when do we expect it will come into play, and
communicate that with the members so that they have some idea of what is happening.
Suggesting we need better communication.
Commissioner Schwartz commented that he, too, has received calls about what is
described as poor management and lack of direction. When ! look at this customer survey, I'm
really very disappointed with the ratings that came in; that tells me that the people who are
calling me are reasonable in their observations and what they see and what they are looking for
which they are not receiving. This is an expensive facility for the City which the citizens
subsidize, and so it should be efficient and evidently this is not the case. Also needs to be better
communication to the members know what is going on and why they can't use the courts.
Mrs. Archer moved to approve a bonus payment in the amount of $2,000.00 to
Dubin and Associates for tennis operations based on the performance measure criteria
established for FY 2000. Ms. McCarthy seconded the motion.
Prior to roll call Ms. McCarthy commented that she was not satisfied with the
3.72 rating that came back on the customer survey, would have like to have seen 4 or more.
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feel that if the same type of study was taken at the golf courses the results would have been a lot
different, maybe because of the way people are handled when there is a problem and how they
overcome objections, and I would like to see customer service be reevaluated and maybe we
need to do a little more to help our employees provide excellent customer service. The business
plan was for this coming year's projection and we have asked for that for this year, so that does
not apply to what we are voting on this evening. And that is why I seconded the motion. But I
want the business plan and I want to see if there is a way that we can begin to make a profit
center out of the tennis center if it is possible.
Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr.
Perlman - No; Mrs. Archer - Yes; Mr. Schwartz - No; Ms. McCarthy - Yes. Said motion
passed with a 3 to 2 vote.
9.B. RESOLUTION NO. 99-00 & SPECIAL EVENT REQUEST/24TH ANNUAL
ROOTS CULTURAL FESTIVAL: Consider a request for special event approval to allow the
24th Annual Roots Cultural Festival to be held between December 2000 and August 2001, and
approve Resolution No. 99-00 in support of the event.
The City Manager presented Resolution No. 99-00:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, SUPPORTING THE ROOTS
CULTURAL FESTIVAL, INC. IN THEIR SPONSORSHIP OF
THE 24th ANNUAL ROOTS CULTURAL FESTIVAL IN THE
CITY OF DELRAY BEACH.
(The official copy of Resolution No. 99-00 is on file in the City Clerk's office.)
Mr. Robert Barcinski presented an overview on this item.
Ms. Archer commented when the City is in a position to have improvements made
on W. Atlantic Avenue, she would like to see the City consider capping this event so that an
enormous amount of money is not spent. She would like to see the completion of W. Atlantic
Avenue prior to any additional monies being spent.
Mayor Schmidt moved to approve Resolution 99-00 and the special event support
for the 24th Annual Roots Cultural Festival, seconded by Ms. Archer. Upon roll call the
Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms.
McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote.
9.C. RESOLUTION NO. 97-00: Consider approval of a resolution authorizing the
City to purchase a house and lot, located at Lot 10, Block 10, Atlantic Gardens, from the Delray
Beach Housing Authority for the purpose of providing affordable housing. The subject property
is located on the east side of S.W. 1 lth Avenue between S.W. 2nd and 3rd Streets.
The City Manager presented Resolution No. 97-00:
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE CERTAIN REAL PROPERTY IN THE CITY OF
DELRAY BEACH, WHICH PROPERTY IS LOCATED AT LOT 10,
BLOCK 10, ATLANTIC GARDENS, AS MORE PARTICULARLY
DESCRIBED HEREIN, HEREBY INCORPORATING AND
ACCEPTING THE CONDITIONS AND TERMS OF THE
CONTRACT FOR SALE AND PURCHASE BETWEEN THE CITY
OF DELRAY BEACH AND THE DELRAY BEACH HOUSING
AUTHORITY.
(The official copy of Resolution No. 97-00 is on file in the City Clerk's office.)
Ms. Archer moved to approve Resolution No. 97-00 authorizing the City to
purchase a house and lot, located at Lot 10, Block 10, Atlantic Gardens, from the Delray Beach
Housing Authority for the purpose of providing affordable housing, 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.
9.D. MEMORANDUM OF UNDERSTANDING (ADDENDUM ITEM): Consider
approval of a Memorandum of Understanding between the City and the Professional Firefighters
of Delray Beach, Local 1842 I.A.F.F., extending long term disability insurance coverage to
firefighters, approving revised Sections 1-4 of Article 4, "Grievances", maintaining the status
quo for Sections 5-7 of Article 4, and agreeing to reopen negotiations on Sections 5-7 of Article
4 on or about May 1, 2001.
Mr. Harden stated as the Commission is aware, the City has been negotiating this
year with the Professional Firefighters concerning the grievance article in the contract with them,
and we have a memorandum of understanding before you this evening that does three things.
We will extend to the Firefighters the long term disability insurance coverage as we did to Police
officers earlier, we have reached agreement on Sections 1 through 4 of the Grievance Article and
we are approving those four sections, and we are agreeing to maintain the status quo for sections
five through seven of Article 4, and we also agree to reopen negotiations on sections five through
seven on or about May 1st. We had a re-opener anyway to consider wage issues, and we will add
to those negotiations. I recommend this to you at this time and the funds, which you have
previously approved for extending disability insurance will cover this extension.
On question from Commissioner Schwartz, the City Manager stated that when all
of this originated, general employees had long term disability insurance coverage, and Police and
Fire did not because their pension plan had more generous coverage for disability. The thing that
we have run into recently is we have had some Police officers and firefighters injured off duty,
and the pension benefit for off-duty disability is much less. It is not adequate to provide an
income. So they became concerned about needing the coverage so that if they are injured off-
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duty they would have disability insurance, and we agree that it is an appropriate benefit
comparable to what the general employees already have.
On question from Commissioner McCarthy, the City Manager stated that this
disability benefit would compliment the disability payment for off-duty that they would presently
get.
Mr. Schwartz moved to approve the Memorandum of Understanding between the
City and the Professional Firefighters of Delray Beach, Local 1842 I.A.F.F., extending long term
disability insurance coverage to firefighters, approving revised Sections 1-4 of Article 4,
"Grievances", maintaining the status quo for Sections 5-7 of Article 4, and agreeing to reopen
negotiations on Sections 5-7 of Article 4 on or about May 1, 2001, 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.
9.E. INTEREST IN CONSIDERATION FOR PALM BEACH COUNTY
LEAGUE OF CITIES APPOINTMENTS (ADDENDUM ITEM): Determine whether there
is interest in being considered for appointment by the Palm Beach County League of cities to
various committees.
Alternate seat on the intergovernmental coordination program Executive
Committee; Mrs. Archer indicated that she would be interested in this. Consensus to forward
Commissioner Archer's name for consideration.
The City manager noted that the City already has a seat on the Beaches and
Shores Council, but the league of cities also has a seat, so we can submit someone, but he knows
League policy is that generally is they try to avoid putting two people from the same city on
some of these boards where this situation exists. That is not to say that they would not,
depending on what other applicants they get.
Mr. Paul Dorling clarified that he is the alternate, the Mayor is the regular.
No interest was announced in the Beaches and Shores Council.
No interest was announced in the Palm Beach County's League's nominating
committee.
At this point, the time being 7:00 p.m., the Commission moved to the duly advertised
Public Hearings portion of the agenda.
10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 31-00: An ordinance annexing to the City a parcel of land located at
the southwest corner of Linton Boulevard and Military Trail (commonly known as Palm Court
Plaza), and establishing initial zoning of PC (Planned Commercial) District for the property.
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QUASI-JUDICIAL HEARING (AS TO ZONING)
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY
OF DELRAY BEACH, A PARCEL OF LAND LOCATED AT
THE SOUTHWEST CORNER OF LINTON BOULEVARD AND
MILITARY TRAIL (COMMONLY KNOWN AS PALM COURT
PLAZA), AS THE SAME IS MORE PARTICULARLY
DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS; REDEFINING THE
BOUNDARIES OF THE CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF
SAID LAND; PROVIDING FOR THE ZONING THEREOF TO
PC (PLANNED COMMERCIAL) DISTRICT; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
The City Attorney read the caption of the ordinance and noted amendment as to
the effective date.
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 due to the rezoning.
The City Clerk swore in those individuals who wished to give testimony on this
item.
Mr. Paul Dorling, Principal Planner, entered into the record the Planning and
Zoning Department's file on this project and a listing of pertinent documents. And is currently
receiving water through an executed water service agreement. This water service agreement
includes the shopping center on the corner, the Delray Medical Center and the Fair oaks and
Lago Vista properties immediately adjacent. The water service agreement had a phased
annexation component to it with Phase I being this shopping center, and future annexation
phases in 2005, 2008 and 2011. The annexation is accompanied by an initial zoning of
commercial ad well as a Future Land Use Map amendment, which is part of Comprehensive Plan
Amendment 2000-2, which is the next item on the agenda. The staff report outlines positive
findings with respect to the annexation and rezoning aspects of this proposal. Both requests were
considered by the Planning and Zoning Board on August 21, 2000, at which time they
unanimously recommended approval.
Mayor Schmidt declared the public hearing open.
There being no one else who, having been duly sworn, wished to address the
Commission, the public hearing was closed.
Mayor Schmidt asked for ex parte disclosure, which there were none. This was
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followed by Commission discussion.
The City Attorney stated that the effective date language should be amended so
that the annexation shall be effective January 2, 2001, and the zoning will be effective on the
date that a final order is issued.
Mr. Schwartz moved to approve Ordinance No. 31-00 on Second and FINAL
Reading with the amended effective date language as stated by the City Attorney, seconded by
Mr. Perlman. 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.
10.B. ORDINANCE NO. 21-00: An ordinance adopting Comprehensive Plan
Amendment 2000-2.
The caption of Ordinance No. 21-00 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ADOPTION COMPREHENSIVE
PLAN ADMENDMENT 2000-2 PURSUANT TO THE PROVISIONS
OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING
AND LAND DEVELOPMENT REGULATION ACT", FLORIDA
STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE;
ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"
ENTITLED "COMPREHENSIVE PLAN AMENDMENT 200-2" AND
INCORPORATED HEREIN BY REFERENCE; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 21-00 is on file in the city Clerk's office.)
10.B.1. City-initiated Future Land Use Map amendment from County C/5 (Commercial
with residential density of 5 units/acre) to City GC (General Commercial) for approximately
14.19 acres located at the southwest corner of Linton Boulevard and Military Trail (Palm Court
Plaza).
10.B.2. City-initiated Future Land Use Map amendment for 1.8+/- acres in Block 36,
Town of Delray, from CF-P (Community Facilities-Public Buildings) and LD (Low Density
Residential 0-5 units per acre) to GC (General Commercial), located on the north side of West
Atlantic Avenue between N.W. 3rd and 4th Avenues.
10.B.3. Combined City and privately initiated Future Land Use Map amendment for a 6.4
acre parcel of land (Steve Moore Chevrolet and adjacent properties) from GC (General
Commercial) and Redevelopment Area #5 to CC (Commercial Core).
The City Attorney read the caption of the ordinance.
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Mr. Paul Darling, Principal Planner, entered into the record the Planning and
Zoning Department's file on this project and a listing of pertinent documents then presented the
background on proposed Ordinance No. 21-00.
There being no one else who, having been duly sworn, wished to address the
Commission, the public hearing was closed.
Ms. Archer moved to approve Ordinance No. 21-00 on second and final reading,
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.
10.C. ORDINANCE NO. 32-00: An ordinance rezoning a portion of Block 36, Town
of Delray, from R-1-A (Single Family Residential) and CF (Community Facilities) District to
GC (General Commercial) District. The subject property is located on the north side of West
Atlantic Avenue between N.W. 3rd and 4th Avenues. QUASI-JUDICIAL HEARING
The City Attorney read the caption of the ordinance. She then 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.
Mr. Darling, Principal Planner, 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 August 21, 2000 and recommended approval.
There being no one else who, having been duly sworn, wished to address the
Commission, the public hearing was closed.
Mr. Perlman moved to adopt Ordinance No. 32-00 on Second and FINAL
Reading, seconded by Ms. Archer. 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.
10.D. ORDINANCE NO. 33-00: An ordinance rezoning the former Steve Moore
Chevrolet site and adjacent properties from AC (Automotive Commercial) and GC (General
Commercial) to CBD (Central Business District). The subject property is located on the east and
west sides of S.E. 5th Avenue and S.E. 6th Avenue, between S.E. 3rd and 4th Streets. QUASI-
JUDICIAL HEARING
The City Attorney read the caption of the ordinance. She then 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.
Darling, Principal Planner, entered into the record the Planning and Zoning
Department's file on this project and a listing of pertinent documents. The Planning and Zoning
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Board considered this item at its meeting of August 21, 2000 and recommended approval.
There being no one else who, having been duly sworn, wished to address the
Commission, the public hearing was closed.
Ex parte communications disclosure was requested. Mayor Schmidt stated that he
spoke with Mr. Tim Hernandez who was interested in developing this piece of property.
Ms. Archer moved to adopt Ordinance No. 33-00 on Second and FINAL Reading,
seconded by Mr. Schwartz. 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.
11. Comments and Inquiries on Non-Agenda Items from the Public
Immediately following Public Hearings.
ll.A.
City Manager's response to prior public comments and inquiries.
IN response to the question raised about filling the Historic Preservation Planner
position, the City Manager stated that the position will be advertised both in the newspaper and
in Planning publications and on various web sites. After the application deadline, the
applications will be evaluated and the best candidate will be accepted. We will be looking for
someone that has historic preservation in their background
IN response to the question raised about the Bass Creek neighborhood and how
they were being treated in the school boundary proposals, the City Manager noted that the ABC
boundary proposal excluded the Bass Creek neighborhood from Carver Middle School
boundaries for the year 2001. The Bass Creek residents spoke in opposition to this change at the
School District's community input meeting; however, ABC did not change it's boundary
recommendations to include the neighborhood. At the December 4th public hearing, the School
Board denied the ABC boundary proposal for Carver Middle School. The City will continue to
work with the School District to adopt an alternative boundary for Carver Middle School that
includes the Bass Creek neighborhood.
11.B. From the Public.
ll.B.1. Alice Finst~ 707 Place Tavant~ asked about the trees that are being torn out at the
1-95 interchanges. She drove down West Atlantic Avenue just east of 1-95 yesterday and saw
that the trees are being cut out and piled up not only on the 1-95 right-of-way but also within the
City's medians. Mrs. Finst also asked what was being planned for the trees that are on Lake Ida
Road when that road-widening project gets underway? She finds it totally unacceptable that
trees that were paid for by the taxpayers are being destroyed and she has not seen any
reclamation project being done. She felt there are plenty of places in the City where mature trees
could be used instead of them being cut down and ripped out. She asked what the City was
planning to do about these trees and what effort is being made to save and relocate them.
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Mayor Schmidt commented that the Florida Department of Transportation is
taking the trees out as part of reworking the ramps at the 1-95 interchanges, and they will be
replacing the landscaping once the project is complete.
The City Manager commented that the construction is being handled through the
FDOT. Part of the agreement under which they allowed the City to plant trees there to begin
with was that in case of construction, they had the right to rip them out. Otherwise they would
not have allowed the City to put them there. The City was aware that the interchange work was
going to take place, but FDOT is not very cooperative about letting the City know when and how
things are going to be done. The City Manager further stated that he had not yet gotten a
complete report on the situation and that is why he did not respond fully this evening.
ll.B.2. Jean Beer, 2145 S.W. 26th Terrace, also commented that the FDOT is not at all
cooperative. The first PROD knew of the interchange changes were when the engineering
drawings were submitted to Planning. PROD met with Mary McCarty and the FDOT people
because it was felt that both of the interchanges at Linton and Atlantic were not going to help our
local traffic pattern. However, it was futile meeting with them. They had their engineering
drawings done and they were impossible to work with.
On behalf of P.R.O.D., Mrs. Beer thanked the City Manager for the efforts being
made to get a planner with historic background. It is greatly appreciated. Mrs. Beer also
thanked the City Manager for sending her the letter with the financial information about the
tennis stadium.
Mrs. Beer then expressed concern about the amount of litter she has noticed on a
lot of City streets. Germantown Road has beer cans, bottles, soda cans, paper, and it makes the
City look terrible. She suggested that perhaps signage be used, and also suggested that staff look
into what Boca Raton is doing in this regard.
ll.B.3. Jay Gordon, 4101 Satin Leaf Court, addressed the Commission about his
concerns with respect to the management of the Tennis Center. He was optimistic that Mr.
Dubin had just hired a new Tennis Director, as that was at the top of his list of priorities for what
needed to be done. Mr. Gordon stated that he would like to see two Tennis Directors, one at the
Tennis Center and one at the Laver's facility, as they are both big enough to warrant their own
director and there is a lot of work to be done at both places. Mr. Gordon indicated that while he
is somewhat heartened by the new Tennis Director, he and many other patrons remain skeptical
because they have seen a lot of people come and go and their concerns have gone unaddressed.
Mr. Gordon then read into the record a petition from last year containing some 85 signatures,
"We, the undersigned, are dissatisfied with the current management of the Delray Tennis Center
for the following reasons: Inadequate and insufficient court scheduling, availability of courts to
members, and court maintenance, ineffective hiring, training, supervision and termination of
employees and staff, lack of effective on-site management." Mr. Gordon noted that this petition
was from about a year and a half ago, but the situation remains the same. He hoped to see some
changes in the near future.
ll.B.4.
Kathy Carp, 1014 Langer Way, who also addressed the Commission concerning
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the Tennis Center. She felt there are many members who are dissatisfied with the operation and
felt that a lot of the problem is due to lack of consideration. Over the past six weeks and the
events that have gone on there, the everyday players get bumped and then the people who get to
use the center are not even people who stay in Delray Beach. They stay in Boca at the Boca
Hotel, but they bump the members out of being able to use the tennis center. Ms. Carp felt this
was extremely inconsiderate.
ll.B.5. Emmet Patrick Blake~ 1630 Catherine Drive (Delra¥ Estates), asked if it was
true that the Delray Beach Police Department is short 30 police officers? Mr. Blake complained
that there is very little, if any, patrolling in the area of town that he lives in. He stated that he has
talked with the Police Department and was told, "we're understaffed, and that's just the way it
is." Mr. Blake stated that he is a former officer himself for Palm Beach County and he
understands that the officers cannot be there all the time. However, the patrols only come
through about once every six or seven hours. With respect to the substation at Delray Estates,
Mr. Blake contended that that is where drug deals are made, right in front of the station. Mr.
Blake stated that he is concerned with having adequate patrols in the neighborhoods where we
are having problems.
12. FIRST READINGS: None
13.
Comments and Inquiries on Non-Agenda Items.
13.A. City Manager.
In response to the inquiries raised about maintenance issues with Veterans Park
and Atlantic Avenue between the Intracoastal and the beach, the City Manager stated that the
part-time maintenance position for the Adult Recreation Center is in the process of being filled.
In the meantime Parks Maintenance has been sending cleanup crews to the adult center on a once
a day basis until the position is filled. Because of the construction, there is a lot of continuous
dust, but crews have been asked to pay particular attention to the floors. Regarding the condition
of Veterans Park itself, portions of the sod are usually changed during the summer. This is
necessitated by the amount of use the park gets. In October alone, the Columbus Festival,
Kidsfest and a concert were held in the park. Parks Maintenance was directed to move up the
schedule and begin replacement of the sod in areas where it is needed. On the beach, the
irrigation at the flagpole beach is working fine; the grass is not stressed. However, the flowers in
the beds around the flagpole will be replaced. Along Atlantic between the Intracoastal
Waterway and the beach it appears that the beach sunflowers have been trampled in the beds in
the area possibly by whoever installed the lights in the palm trees. Parks Maintenance will be
replacing those plants. Finally, staff was not able to find any trees that were cut down with the
stumps left. If a more exact location can be provided, staff will look into it further, but nothing
was found along A1A.
13.B. City Attorney.
The City Attorney had no comments or inquiries.
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13.C. City Commission.
13.C.1. Commissioner Archer commented on the boundary committee meeting last
night. She was frustrated in that we did not reach a resolution and a little frustrated in the
comments from the School Board that we had not submitted our plan early enough. She felt that
the City staff and everyone involved worked very, very hard and long for several months in an
attempt to put forth the Delray plan. Mrs. Archer was pleased, however, that we will have the
opportunity to work with Boynton and to work out some kind of plan that she felt would be
much better than the ABC plan.
13.C.2. Commissioner Perlman also commented on the School District meeting. He
was glad that the Commission was able to work with the community, teachers, administrators,
staff, and each other, and felt that if we stayed together, we would see it through. The biggest
frustration for him was that he felt that the City's integrity and sincerity as a community was
being challenged, and of any city in Palm Beach County, we deserve that the least. Delray
Beach has spent $4 million dollars on school issues over the years, and that is not our main
function. Commissioner Perlman expressed some concern that the goal posts keep getting
moved here. He felt this would have to be addressed soon because decisions are going to be
made in January or February, and we need to figure out what we are going to do. The worst
thing, though, was that the sincerity of this community and our commitment to our schools and
kids was questioned and impugned. The City would not have had to do a plan if they had come
up with a credible plan that was not going to destroy our schools. He felt it has been a huge
frustration, but a fight the City has to stick with because it means a lot to the community.
With respect to the comments made earlier by Mr. Blake, Commissioner Perlman
commented that perhaps the City needs to do a little bit better job of communicating what is
being done in the City. The Commission just approved another $350,000 for the Police
Department. While it is not the total solution, something was done and the Commission is not
sitting up here watching the Police Department fall apart. Commissioner Perlman suggested that
we somehow come up with a way that we can communicate with the residents in some low cost
kinds of ways (like putting newsletters in with water bills) where we are making a sincere effort
to try to reach everybody in the city with news of what is being done.
13.C.3. Commissioner Schwartz commented that he had represented the City
Commission in presenting the awards to all of the donators to City's beautiful Christmas tree.
The tree is truly magnificent, both inside and out. The facts are that there are close to sixty
contributors who contributed to this financially as well as in terms of labor and so forth.
Likewise, there were almost 60 volunteers who worked many, many hours to put the tree
together. Commissioner Schwartz felt that the tree is a wonderful thing for the City of Delray
Beach and something that everyone can feel very proud of.
As to Mr. Blake's comments, Mr. Schwartz felt the Commission should ask the
City Manager to contact the Police Department about this to see what can be done to help him
out. It needs to be brought to the attention of the Chief or whoever is in charge of that area so
that he can get the proper protection and the peace of mind that everyone is entitled to.
16
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13.C.4. Commissioner McCarthy, to address the concerns of the gentleman who lives in
Delray Estates, suggested that the neighborhood be approached possibly for a neighborhood
patrol unit as well as having the substation there. There may be some other people who live
there who would be interested in participating in something of this nature, and possibly
developing a neighborhood association. There are quite a few families with children who live
out there and she felt certain that there is a high enough percentage of those who live there who
would be interested in doing something together and having the same benefit that we have seen
created for other neighborhoods. The complex association that is in place there now is strictly
about management; it is not about the welfare of the people who live there.
With respect to last night's school boundary meeting, Commissioner McCarthy
commented that she was saddened that the Delray plan was not adopted last night. Nonetheless,
it was just a single battle, not the war, and the children are worth fighting for, no matter how
frustrated we may feel at this moment. Commissioner McCarthy felt that if the City continued to
move forward with all of the positive energy and remained focused, that people would gradually
begin to understand our plan better. The City has a very valid point about getting the teachers,
the schools and the students ready to make this transition. That is imperative. She hoped that
this message would go forward to the School Board so that they realize that the City's intent is
sincere and honest and based on real facts and real children. She felt that they would begin to
understand how serious the City is, and that it is not just about doing it our way, but based on
facts and statistics and children and how they can achieve best.
13.C.5. Mayor Schmidt commented that he felt the City needed to look at the school
boundary meeting on a positive note. In a sense the City did win last night in that the School
Board could have passed the ABC proposal which would have been terrible for our community.
Based on the comments that were made last night, particularly by Mrs. Burdick and Miss
Gleason asking questions about what we were telling them that we needed a phase-in because of
the resources that the administrators and the teachers tell us they need with this potential shift in
the student population, Mayor Schmidt felt that as part of the proposal that the City goes back
with, he wanted to get the two Principals involved in order to give the School Board a specific
list and timetable of what they think they need at the schools based on the City's proposal.
Commissioner Perlman felt this was a great idea, but thought that the Principals
might be reluctant to join us as they are afraid of repercussions and the like.
Mayor Schmidt acknowledged that they might not cooperate, but felt that the
effort needed to be made to try to get them to participate.
at 8:00 p.m.
There being no further business, Mayor Schmidt declared the meeting adjourned
City Clerk
17
12/5/00
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 December 5,
2000, which minutes were formally approved and adopted by the City Commission on
City Clerk
NOTE TO READER: If the minutes you have received are not completed as indicated above,
this means they are not the official minutes of the City Commission. They will become the
official minutes only after review and approval which may involve some amendments, additions
or deletions.
18
12/5/00
13.C.4. Commissioner McCarthy, to address the concerns of the gentleman who lives in
Delray Estates, suggested that the neighborhood be approached possibly for a neighborhood
patrol unit as well as having the substation there. There may be some other people who live
there who would be interested in participating in something of this nature, and possibly
'developi. ng_a ~eigl)borhood .association..There are_ q~,tc a few lam[lies, with c.hil.drcn w_ho.!i.ve_.
out there and she felt certain that there is a high enough percentage of those who live there who
would be interested in doing something together and having the same benefit that we have seen
created for other neighborhoods. The complex association that is in place there now is strictly
about management; it is not about the welfare of the people who live there.
With respect to last night's school boundary meeting, Commissioner McCarthy
commented that she was saddened that the Dekay plan was not adopted last night. Nonetheless,
it was just a single battle, not the war, and the children are worth fighting for, no matter how
frustrated we may feel at this moment. Commissioner McCarthy felt that if the City continued to
move forward with all of the positive energy and remained focused, that people would gradually
begin to understand our plan better. The City has a very valid point about getting the teachers,
the schools and the students ready to make this transition. That is imperative. She hoped that
this message would go forward to the School Board so that they realize that the City's intent is
sincere and honest and based on real facts and real children. She felt that they would begin to
understand how serious the City is, and that it is not just about doing it our way, but based on
facts and statistics and children and how they can achieve best.
13.C.5. Mayor Schmidt commented that he felt the City needed to look at the school
boundary meeting on a positive note. In a sense the City did win last night in that the School
Board could have passed the ABC proposal which would have been terrible for our community.
Based on the comments that were made last night, particularly by Mrs. Burdick and Miss
Gleason asking questions about what we were telling them that we needed a phase-in because of
the resources that the administrators and the teachers tell us they need with this potential shift in
the student population, Mayor Schmidt felt that as part of the proposal that the City goes back
with, he wanted to get the two Principals involved in order to give the School Board a specific
list and timetable of what they think they need at the schools based on the City's proposal.
Commissioner Perlman felt this was a great idea, but thought that the Principals
might be reluctant to join us as they are afraid of repercussions and the like.
Mayor Schmidt acknowledged that they might not cooperate, but felt that the
effort needed to be made to try to get them to participate.
at 8:00 p.m.
There being no further business, Mayor Schmidt declared the meeting adjourned
City Clerk
17
12/5/00
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 December 5,
2009, .which minutes were formally approved and adopted by the City Commission on
City Clerk
NOTE TO READER: If the minutes you have received are not completed as indicated above,
this means they are not the o_fficial minutes of the City Commission. They will become the
official minutes only aRer review and approval which may involve some amendments, additions
or deletions.
18
12/5/00