12-12-00December 12, 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 12, 2000.
1. Roll call showed:
Present -
Commissioner Patricia Archer (arrived 6:05 p.m.)
Commissioner Alberta McCarthy
Commissioner Jeff Perlman
Commissioner Bill Schwartz (arrived 6:10 p.m.)
Mayor David Schmidt
Absent - None
Also present were - City Manager David T. Harden and
City Attorney Susan A. Ruby
2_. The opening prayer was delivered by Pastor Wesley Bruce with Daughter of Zion
Seventh Day Adventist Church.
The Pledge of Allegiance to the flag of the United States of America was given.
Agenda Approval.
at the dais.
in nature.
Mayor Schmidt noted that a revised version of Ordinance No. 35-00 was provided
The City Attorney stated that the changes were minor corrections and not substantive
The City Attorney asked that Item 8.I., Interlocal Agreement with the Town of
Gulf Stream & Amendment No. 1 to Ocean Hammock Coach Homes Developer's
Agreement, be removed from the agenda because the Town of Gulf Stream is still looking at
some of the particulars.
Mr. Perlman moved to approve the agenda as amended, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Ms. McCarthy
- Yes; Mayor Schmidt - Yes. Said motion passed with a 3 to 0 vote.
(Commissioner Archer arrived at the meeting.)
5_ Approval of Minutes: None
6. Proclamations: None
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7. Presentations:
7.A. RESOLUTION NO. 100-00: Recognizing and commending Patricia S. Cayce
for over 12 years of dedicated service to the City of Delray Beach.
The caption of Resolution No. 100-00 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, RECOGNIZING AND
COMMENDING PATRICIA (PAT) CAYCE FOR HAVING
SERVED THE CITY OF DELRAY BEACH WITH
DISTINCTION AND DEDICATION SINCE 1988.
(The official copy of Resolution No. 100-00 is on file in the City Clerk's office.)
Mayor Schmidt read and presented a resolution expressing sincere thanks and
appreciation to Patricia (Pat) Cayce, Historic Preservation Planner, for over twelve years of
dedicated and faithful public service, and wishing her the best of health and happiness on the
occasion of her retirement from the City. Resolution No. 100-00 was passed by acclamation of
the City Commission.
Mrs. Cayce came forward to accept the resolution from Mayor Schmidt. She
expressed her appreciation to the Commission for the recognition and stated how much she has
enjoyed working with everyone in the City.
(Commissioner Schwartz arrived at the meeting.)
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CONSENT AGENDA: City Manager recommends approval.
8.A. FINAL PLAT APPROVAL/MARINA BAY: Approve the final subdivision
plat for Marina Bay, a proposed ten (10) unit townhouse development to be located on the west
side of Marine Way, approximately 225 feet south of S.E. 1 st Street.
8.B. RESOLUTION NO. 101-00: Approve a resolution vacating and abandoning a
portion of the N.W. 2nd Avenue road right-of-way lying between N.W. 12th Street and Grove
Way, based upon positive findings.
The caption of Resolution No. 101-00 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF NORTHWEST 2ND AVENUE,
LYING BETWEEN NORTHWEST 12TM STREET AND GROVE
WAY, AS THE SAME IS MORE PARTICULARLY
DESCRIBED HEREIN, BUT RESERVING AND RETAINING
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TO THE CITY AN EASEMENT FOR PUBLIC AND PRIVATE
UTILITIES OVER A PORTION OF THE AREA TO BE
ABANDONED, AS MORE PARTICULARLY DESCRIBED
(The official copy of Resolution No. 101-00 is on file in the City Clerk's office.)
8.C. WAIVERS TO LDR SECTION 4.3.3(S) ASSOCIATED WITH
REPLACEMENT OF THE COMMUNICATIONS TOWER AT THE POLICE
DEPARTMENT: Approve waivers to LDR Section 4.3.3(S) relating to setback, buffering, and
processing requirements for the replacement of the telecommunications tower at the Police
Department, based on positive findings with respect to LDR Section 2.4.7(B)(5).
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AMENDED AND RESTATED INTERLOCAL AGREEMENT WITH CRA
FOR PLANNING, PARKING MANAGEMENT AND COMPUTER SERVICES: Approve
an amended and restated interlocal agreement between the City and the Community
Redevelopment Agency to provide for planning services to the CRA, the shared use of a Parking
Management Specialist and the provision of limited computer network installation services to the
CRA when the CRA moves to a new location.
8.E. BILL OF SALE FOR OCEAN OUTFALL SYSTEM: Approve a bill of sale
transferring ownership of the ocean outfall system from the City of Delray Beach to the South
Central Regional Wastewater Treatment and Disposal Board, pursuant to the terms of the
agreement dated July 12, 1979.
8.F. CHANGE ORDER #2/SUBAQUEOUS SERVICES, INC. (TROPIC ISLE
CANAL DREDGING PROJECT): Approve Change Order #2 in the amount of $100,000.00
to the contract with Subaqueous Services, Inc. for an additional 5,000 cubic yards of dredged
material associated with the Tropic Isle Canal Dredging project, with funding from 448-5461-
538-65.54 (Stormwater Utility - Tropic Isle Dredging).
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FUNDING SUBSIDY UNDER THE DELRAY BEACH RENAISSANCE
PROGRAM: Approve a funding subsidy in the amount of $20,000.00 for an income eligible
applicant under the Delray Beach Renaissance Program, with funding from 118-1924-554-83.01
(SHIP Program), representing the 115th homeownership assistance grant provided through the
program to-date.
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REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
December 4th through December 8, 2000.
8.1. THIS ITEM WAS REMOVED FROM THE AGENDA (Interlocal
Agreement with the Town of Gulf Stream & Amendment No. 1 to Ocean Hammock Coach
Homes Developer's Agreement).
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g.J.
AWARD OF BIDS AND CONTRACTS:
Contract award in the amount of $1,133,457.03 to Florida Blacktop, Inc.
for construction of the Southeast/Southwest Area Infrastructure
Improvements (a 2000 Roadway Bond project), with funding in the
amount of $189,894.88 from 370-3162-541-65.45 (2000 Roadway Bond -
SE/SW Area), $231,654.39 from 442-5178-536-65.50 (Water & Sewer
R&R - Water Main SE/SW Area), $152,383.03 from 448-5461-538-65.50
(Stormwater SE/SW Area), $65,000.00 from 448-5461-538-65.53
(Stormwater - SE 7th Avenue), and $494,524.73 from 441-5181-536-
69.22 (W&S - SE 7th Avenue Water Main).
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Bid award in the estimated amount of $92,040.00 for annual contracts
with multiple vendors, via co-op bid, for various road construction
materials, with funding from Streets Division and Construction Division
FY 2001 operating budgets and capital project accounts.
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Purchase award in the total amount of $279,382 to Comark Government
and Education Sales Inc., via Florida SNAPS II contract, for the purchase
of Panasonic laptops, backlit keyboards, software and accessories for the
Police Department, with funding from 334-6111-519-64.29 (COPS More
98 Grant).
Mr. Schwartz moved to approve the consent agenda as amended, 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.
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REGULAR AGENDA:
9.A. FUNDING REQUEST/ROOTS CULTURAL FESTIVAL: Consider approval
of a funding request in the amount of $5,500 for the 2001 Roots Cultural Festival. Funding is
available from 001-1111-511-48.10 (City Commission Special Event Account).
Robert A. Barcinski, Assistant City Manager, reviewed the background on this
request. At the September 12, 2000 work session, the Commission reviewed the staff
recommendations for FY 2001 funding of special events and charitable organizations.
Representatives from the Roots Festival were present at that meeting to request consideration for
funding of the Executive Director full-time position. The support recommendation for the Roots
Festival was continued support with overtime (approximately $16,000 in FY 2000) and in free
use of facilities and equipment. Additional cash funding was not recommended. The consensus
of the Commission at that time was to direct the Roots Cultural Festival to do what they could to
raise the additional funding needed for the Executive Director position and, if they were still
short at the end of the year, to come back to the Commission for reconsideration. The Roots
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Festival was successful in raising $34,500 of the $40,000 requirement. The request at this time
is for consideration of funding the balance of $5,500.00. Mr. Barcinski noted that funding is
available from the City Commission contingency account.
Mayor Schmidt, on behalf of the City Commission, commended Mr. Stevens and
the members of the Roots Cultural Festival on doing a great job with their fundraising efforts.
Mrs. Archer moved to approve funding in the amount of $5,500.00 for the Roots
Cultural Festival, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs.
Archer - Yes. Said motion passed with a 5 to 0 vote.
9ogo
CDBG CONSOLIDATED ANNUAL PERFORMANCE AND APPRAISAL
REPORT (CAPER}: Consider approval of the Community Development Block Grant (CDBG)
Consolidated Annual Performance and Appraisal Report (CAPER) for FY 2000 as required by
the U.S. Department of Housing and Urban Development.
Lula Butler, Director of Community Improvement, explained that each year the
City is required to send a report to the Department of Housing and Urban Development detailing
the accomplishments for the past fiscal year. This report represents all of the expenditures,
totaling a little over $1.1 million for the year, that the City has made through all of the grant
programs for low and moderate income benefit throughout the City. Mrs. Butler continued that
the City had just received the HUD evaluation from last year, where the City did very well and is
continuing to do very well in meeting all of the obligations and requirements under HUD
regulations. Mrs. Butler was very proud of the City's track record in this regard, noting that
Delray Beach was one of only a few cities that has not had a finding in over ten years.
Mr. Perlman moved to approve the Consolidated Annual Performance and
Appraisal Report for FY 2000, seconded by Mrs. Archer. Upon roll call the Commission voted
as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes;
Mr. Schwartz - Yes. Said motion passed with a 5 to 0 vote.
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PARKS AND RECREATION MASTER PLAN/NEEDS ASSESSMENT:
Provide direction concerning the three top-ranked firms for preparation of a Parks and
Recreation Master Plan/Needs Assessment.
Joe Weldon, Director of Parks and Recreation, gave a brief overview of the RFQ
(Request for Qualifications) process that was used to arrive at the short list of firms proposing to
perform the Parks and Recreation Master Plan/Needs Assessment. The review committee ranked
the top three firms as follows:
· Herbert-Halback, Inc.
· The RMPK Group
· Glatting Jackson Kercher Anglin Lopez Rinehart,
Inc.
After hearing presentations from the three firms and upon due consideration, the
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unanimous first choice of the committee was the firm of Glatting Jackson Kercher Anglin Lopez
Rinehart, Inc. The review committee felt that Glatting Jackson had more experience in the
preparation of master plans and needs assessment, their proximity to Delray Beach was a plus,
and the firm's references were very good.
Mr. Perlman moved to approve the staff recommendation of the firm of Glatting
Jackson Kercher Anglin Lopez Rinehart, Inc. to prepare the Parks and Recreation Master
Plan/Needs Assessment. The motion was seconded by Mr. Schwartz.
Prior to roll call the City Manager clarified the CCNA (Consultants Competitive
Negotiation Act) process that the City will negotiate with the number one ranked firm. It is rare
that agreement is not reached with the top-ranked firm, but if that were to happen then staff
would go to the next firm to begin negotiations.
Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr.
Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion
passed with a 5 to 0 vote.
9.D. SPECIAL EVENT REQUEST/12TH ANNUAL DOWNTOWN ART
FESTIVAL: Consider a request for special event approval to allow the 12th Annual Downtown
Art Festival sponsored by Howard Alan Events to be held January 20-21, 2001, including
temporary use permit for street closure and parking lot use, staff assistance for traffic control and
barricading, and event signage to be installed one week prior to the event, with all overtime costs
to be paid by the event sponsor.
Robert A. Barcinski, Assistant City Manager, presented an overview of the
special event request. The recommendation was for approval as outlined in his memorandum to
the City Commission, subject to the event sponsor providing a certificate of liability insurance
and the execution of a hold harmless agreement.
Mr. Schwartz moved to approve the special event request for the 12th Annual
Downtown Art Festival subject to the staff recommendation. The motion was seconded by Mr.
Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz -
Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with
a 5 to 0 vote.
9.E. RESOLUTION NO. 102-00 (AIRCRAFT NOISE REDUCTION): Consider
approval of a resolution requesting that the United States Congress and the Federal Aviation
Administration adopt an amendment to the Airport Noise and Capacity Act of 1990 to provide
that all non-Stage 3 domestic and foreign subsonic turbojet airplanes, including those weighing
less than 75,000 pounds, be phased out of service completely by January 1, 2005, or as soon as
reasonably possible on an aggressively accelerated schedule.
The caption of Resolution No. 102-00 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
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OF DELRAY BEACH, FLORIDA, REQUESTING THAT THE
UNITED STATES CONGRESS AND THE FEDERAL
AVIATION ADMINISTRATION (FAA) ADOPT AN
AMENDMENT TO THE AIRPORT NOISE AND CAPACITY
ACT OF 1990 TO PROVIDE THAT ALL NON-STAGE 3
DOMESTIC AND FOREIGN SUBSONIC TURBOJET
AIRPLANES, INCLUDING THOSE WEIGHING LESS THAN
75,000 POUNDS, BE PHASED OUT OF SERVICE
COMPLETELY BY JANUARY 1, 2005, OR AS SOON AS
REASONABLY POSSIBLE ON AN AGGRESSIVELY
ACCELERATED SCHEDULE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR A REPEALER CLAUSE
AND AN EFFECTIVE DATE.
(The official copy of Resolution No. 102-00 is on file in the City Clerk's office.)
The City Manager stated that this item was sent to us from the City of Boca Raton
which has adopted a similar resolution asking, basically, that all non-stage 3 jet aircraft not be
allowed to use their airport and that the phase out of these aircraft be accelerated.
Mayor Schmidt stated that he was aware that this was a part of the noise
abatement plan that the City of Boca Raton is going to be forwarding to the Federal Aviation
Administration.
Commissioner Perlman commented that he has been receiving more and more
complaints on this matter and asked if there were any new figures, number-wise, as to how many
planes are coming over Delray Beach?
Mayor Schmidt stated that he would be contacting the person in charge of the
Palm Beach International Airport (PBIA) tower to get that information. It was his understanding
that PBIA can provide a printout that shows flight patterns for every flight during a certain
period of time that will show where they are all going and things like that.
Commissioner Schwartz distributed a letter from the President of the Delaire
Property Owner's Association to the FAA Administrator (copy attached hereto and made a part
of these minutes) advising of the problem with air traffic noise and offering to assist in it's
resolution. He emphasized that with the activation of the new tower at the Boca Raton Airport,
the problem has gotten worse both in terms of numbers of planes and the noise from aircraft
that is flying at lower altitudes.
Mr. Perlman moved to approve Resolution No. 102-00, 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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At this point, the time being 6:30 p.m., the Commission moved to Item 12, First
Readings, on the agenda.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 36-00: An ordinance amending Chapter 71, "Parking
Regulations", of the City Code by amending Section 71.999, "Penalty", to revise the fees charged
for parking violations. If passed, a public hearing will be scheduled for January 2, 2001.
The City Manager presented Ordinance No. 36-00:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71,
"PARKING REGULATIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING SECTION 71.999, "PENALTY", TO REVISE THE
FEES CHARGED FOR PARKING VIOLATIONS; PROVIDING
A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 36-00 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Mrs. Archer moved to approve Ordinance No. 36-00 on FIRST Reading,
seconded by Ms. McCarthy. 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.
At this point, the Commission moved to Item 11 on the agenda.
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.
The City Manager responded to three prior inquiries relating to trees. First, in
response to the concern expressed about the trees on Lake Ida Road that would be in the way of
the road widening, the City Manager stated that the trees there were planted at the request of
residents along the road. The beautification project was limited in scope because we understood
that the trees would have to be removed when the road was widened. At the time the County
made the City sign an extra acknowledgment that when the road widening came to fruition, if
and when it did, an issue could not be made of the trees. There is not a great deal of space left in
City parks for large trees, nor a tree spade to relocate them. However, staff has worked with the
County and it is expected that several of the trees will be relocated to Morikami Park and
perhaps several more to Lake Ida Park.
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Regarding the trees at the 1-95 interchange, the City Manager stated that, again,
the City had no place to relocate all the trees and some of them, like the black olives, are not
considered particularly desirable any longer. Nonetheless, staff was shocked at all of the trees
that were removed. They went far beyond what we had expected. City staff met with FDOT on
the site some months ago and went over what was to be removed and what was not to be
removed. They went far beyond that. A lot of the work was done at night, so we didn't know
about it until the next day. We are particularly upset about the coconut palms that were removed
because we would definitely have liked to relocate those. Nevertheless, it is done and staff is
working with FDOT on the relandscaping after the project is finished.
In response to the inquiry about why the City does not have a tree protection
ordinance and the concerns about people "hat-racking" trees in the residential areas, the City
Manager stated that the City has both a tree protection ordinance and a tree pruning ordinance.
However, it does not apply to single family homes built prior to 1990 because that was when the
Land Development Regulations were amended to provide for landscape plans for single family
homes.
11.B. From the Public.
ll.B.1. Virginia Snyder~ 38 South Swinton Avenue, expressed her appreciation to the
City Commission for the lawsuit matter having been finally resolved. In the spirit of good will,
Mrs. Snyder presented each member of the Commission with a copy of her poetry book.
ll.B.2. Jay Slavim 2601 N.W. l0th Street, stated that she was very disappointed that the
request she made (to have the extension of the Sandoway parking lot remain open from 8:00 p.m.
until 9:00 p.m.) was not placed on the agenda. She felt that this one additional hour would not
hurt anyone, but would help and benefit a great many. Mrs. Slavin asked that the City
Commission keep this in mind for the holiday season and the coming tourist season.
ll.B.3. Henry Williams~ 310 N.W. 3ra Avenue, commented that he was disappointed
that nothing was done to try to save the trees that were ripped out at the 1-95 interchanges. Mr.
Williams then commended the City Commission for doing a good job throughout the year and
encouraged them to keep it going into the new year.
ll.B.4. Alice Finst~ 707 Place Tavant~ stated that the problem of people "hat-racking"
trees still needs to be solved. She understood that the City cannot force anyone to replace a tree
if they moved in before 1990, but did not see how that solves the problem of the continuing
desecration of trees. Mrs. Finst asked that the City find a way to protect the trees in the City
from further damage.
ll.B.5. Jay Gordom 4101 Satin Leaf Court, addressed the Commission about the
ongoing problems with personnel and effective management at the Tennis Center. He
complained about court conditions and stated that, in his opinion, the Tennis Center is not
anywhere in the vicinity of a first class tennis facility. Mr. Gordon suggested that a standing
tennis committee be established that would be involved in running the Tennis Center to help
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make sure the day-to-day management concerns are taken care of. He also felt it would be
preferable to have a Tennis Director for both the Tennis Center and the Laver's facility (Delray
Swim & Tennis Center).
ll.B.6. Melanie and Gregory McElroy, owners of a piece of property in the Southridge
subdivision (Lot 5, Block 7, Southridge; PCN 12-43-46-20-13-007-0050) located on the east side
of the fence separating the Woods of Southridge from the older subdivision. Mrs. McElroy
stated that her property is virtually landlocked and is accessible via a 4-wheel drive vehicle. In
addition to maintaining her property, she has also been maintaining City right-of-way for what is
a paper road named Douglass Avenue. The property was annexed into the City about ten years
ago with a promise that the area would be improved within three years of the annexation. Mrs.
McElroy stated that no improvements have been made to-date and the area continues to be in
disrepair, although her taxes on the property have increased threefold. She continued that she
had contacted the City about her desire to either sell the property or build on it. She was told that
if she wanted to build on the property and the road does not physically exist, she would be
responsible for road improvements in front of her property, as well as the construction of water
and sewer pipes for future public use. She was approached by the City about the potential
purchase of her property, but the offer that was presented by the City Attorney was thousands of
dollars below the assessed value of the property by the Property Appraiser. After she refused the
offer, Mrs. McElroy stated that her property value was reduced to the value that the City had
offered for the property, although a recent tax bill showed the original assessed value. After
refusing the City's initial offer, the City never got back with her to try to negotiate a fair and
reasonable price but instead dropped the improvement of the area. Mrs. McElroy stated that she
would either like to sell the property to the City at a fair price or else have reasonable access to
the property so that she can build on it and make it useable property. Mrs. McElroy stated that
she could be contacted during the day at 561/688-4223 (PBC Sheriff's Office on Gun Club
Road), or in the evening at 954/783-9761, with a mailing address of 4300 N.E. 11th Avenue,
Pompano Beach 33064.
13.
Comments and Inquiries on Non-Agenda Items.
13.A. City Manager.
The City Manager had no comments or inquiries.
13.B. City Attorney.
The City Attorney had no comments or inquiries.
13.C.
City Commission.
13.C.1. Commissioner Archer commented that the City has a reputation for having good
ordinances with strong enforcement. With what has happened lately with trees in the City, she
felt that this might be a good opportunity to look at our ordinances to see if there is anything that
can be done to tighten them up and maintain our tree canopy.
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Commissioner Archer reported that at the last Metropolitan Planning
Organization (MPO) meeting, there was discussion about road improvements that are upcoming
over the next five years. The plans are rather extensive, and over the next few years something
somewhere in Delray or west of the city will be under construction so we're probably in for a fair
amount of traffic disruption. In addition, the MPO's bus shelter program is an on-going program
that will be maintained over the next five years. Commissioner Archer stated that Palm Beach
County Commissioner Aaronson had recently visited Cannes, France, where he saw bus shelters
with tremendous amounts of advertising on them located right across the street from very
expensive, waterfront homes. He thought that this might be something the City might want to
take a look at. Mrs. Archer commented that Commissioner Aaronson was going to give her
some pictures of these bus shelters and if he did, she would pass them along.
13.C.2. Commissioner Perlman asked if the gentleman who had come in several weeks
about his kite flying on the beach was amenable to the solution suggested by the City?
The City Manager stated that Mr. Murphy was pleased with the resolution to have
another activity area at the south end of the beach.
Commissioner Perlman commented that he was encouraged by the recent meeting
with Susan Whelchel, the new appointee to the School Board. He was particularly encouraged
by her background as a municipal official. As such, she is sympathetic to the needs of cities and
wants to work closely with cities which he felt would be a positive for Delray Beach.
Commissioner Perlman wished everyone a happy, healthy and safe Holiday
Season!
13.C.3. Commissioner McCarthy commented that she, too, felt that Mrs. Whelchel
would be a very positive force in her new appointment to the School Board. Mrs. Whelchel was
involved quite a bit with the school issues in the City of Boca Raton when she was on their City
Council. Commissioner McCarthy felt that her presence on the School Board would be very
helpful to the City.
13.C.4. Commissioner Schwartz extended his compliments to City staff for their
professionalism and for the outstanding job that they do in running the city. He also commented
that he has thoroughly enjoyed working with the City Commission during his tenure.
Commissioner Schwartz wished everyone a very happy Holiday Season!
13.C.5. Mayor Schmidt noted that the revised boundary proposal for Carver Middle
School would be going to the School Board tomorrow night.
At this point, the time being 6:55 p.m., Mayor Schmidt declared a five minute
recess.
Mayor Schmidt reconvened the meeting and called it to order at 7:00 p.m., at
which time the Commission moved to the duly advertised public hearings portion of the agenda.
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10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 34-00 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending Section 4.4.13, "Central Business (CBD) District", Subsection
4.4.13(G), "Supplemental District Regulations", of the Land Development Regulations to
increase the parking requirement for restaurants in the original DDA area to six (6) spaces per
1,000 square feet of floor area, and amending Sections 4.4.13(G) and 4.4.24(G) by deleting the
one time one space parking reduction in the Central Business District (CBD) and the Old School
Square Historic Arts District (OSSHAD). If passed, a second public hearing will be scheduled
for January 2, 2001.
The City Manager presented Ordinance No. 34-00:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING SECTION
4.4.13, "CENTRAL BUS1NESS (CBD) DISTRICT", OF THE
LAND DEVELOPMENT REGULATIONS BY AMENDING
SUBSECTION 4.4.13(G), "SUPPLEMENTAL DISTRICT
REGULATIONS", TO INCREASE THE PARKING
REQUIREMENT FOR RESTAURANTS IN THE ORIGINAL
DOWNTOWN DEVELOPMENT AUTHORITY (DDA) AREA;
AMENDING SECTION 4.4.13, "CENTRAL BUS1NESS (CBD)
DISTRICT", SUBSECTION 4.4.13(G), "SUPPLEMENTAL
DISTRICT REGULATIONS", AND SECTION 4.4.24, "OLD
SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)",
SUBSECTION 4.4.24(G), "SUPPLEMENTAL DISTRICT
REGULATIONS", BY DELETING THE ONE TIME ONE
SPACE PARKING REDUCTION; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 34-00 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated that the proposed text
amendments were generated by the Parking Management Advisory Board. The current parking
requirement for restaurants in the original DDA area is one space for every 300 square feet of
floor area. Part of this proposal is to increase that parking requirement to 6 spaces per 1,000
square feet of floor area. It also involves deleting the one time one space parking reduction
currently provided in the Central Business District and the Old School Square Historic Arts
District. The Parking Board felt that while the current liberal parking requirement has help to
fuel the redevelopment and revitalization of the downtown area, the resulting success of the
downtown as an entertainment district has significantly increased the demand for off-street
parking. New spaces to meet that demand have not been provided. Mr. Dorling continued that
the Downtown Development Authority considered the proposed text amendments in October and
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recommended approval of both the increased parking requirement for restaurants and the
deletion of the one time one space reduction. The West Atlantic Redevelopment Coalition and
the Community Redevelopment Agency considered the proposed amendments in November and
recommended approval of the increased parking for restaurants in the original DDA area, but
recommended against deleting the one time one space reduction. The Planning and Zoning
Board considered the amendments at a public hearing in November and voted to recommend
approval of the increased parking for restaurants. A motion not to approve the proposed one
time one space reduction failed to pass on a 3 to 3 vote.
Prior to the public hearing, the Commission had a brief discussion on the
desirability of workshopping the proposed ordinance before taking action on it. The majority
consensus was that a workshop would probably be beneficial, not only because of the potential
impact of the proposed text changes, but also to afford the opportunity to separate the two issues
into separate ordinances so that both proposals could be considered on their own merits.
A public hearing was held having been legally advertised in compliance with the
laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
Mayor Schmidt declared the public hearing open. Speaking from the audience
were the following:
Henry Williams, 310 N.W. 3ra Avenue, stated that he felt the Commission ought
to workshop the matter to give all of the boards the opportunity to present their positions on the
proposed text changes.
Kevin Warner, 248 Venetian Drive, noted that there were representatives
present from the Parking Management Advisory Board and the Downtown Development
Authority, both of which boards voted in support of the ordinance as currently proposed.
However, neither the CRA nor the West Atlantic Redevelopment Coalition were represented,
and those two boards had taken a position against part of the proposal. Mr. Warner felt it would
be beneficial to have some communication from those boards indicating how they felt about the
issue and providing some insight into why they voted as they did.
John Bennett, Vice President of Progressive Residents of Delray (P.R.O.D.),
stated that PR.O.D. supports the concept of the people creating the demand being asked to better
address the supply and, therefore, the proposed ordinance makes sense from that standpoint. On
a personal note, if the Commission were to decide to workshop this matter, Mr. Bennett asked
when the topic of outdoor tables, whether in the public right-of-way or on private property,
would also be addressed. Many of the downtown restaurants have significantly increased their
size by the placement of these outdoor tables without any concomitant increase in the parking
supply, and the demand has certainly gone up.
Bruce Gimm¥, 439 East Atlantic Avenue, representing the Parking
Management Advisory Board, urged the City Commission to support the proposed ordinance.
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Michael Weiner~ on behalf of clients owning property on Atlantic Avenue,
urged the Commission to workshop the proposed text amendments and take the opportunity to
discuss the matter further.
Bernard Dahlem~ member of the Parking Management Advisory Board~
urged the City Commission to support the proposed ordinance. He felt that the reduced parking
requirement for restaurants had served its purpose in the redevelopment and revitalization of the
downtown, and that it has reached a point where restaurants are driving out other uses and
jeopardizing a proper mix of what is needed for a sustainable downtown.
Gerald Franciosa~ 939 Eve Street, stated that he felt people in town want to
know the direction in which the downtown is going. He stated that he, as a resident, cannot
finding parking if he wants to go downtown on a Saturday night, or if he wants to go to the
beach. He urged the Commission to think about the people who live in Delray Beach and to
adequately explain what all of this discussion about parking means to them. Mr. Franciosa felt
that a workshop would be a good idea.
There being no one else from the audience who wished to speak on this item, the
public hearing was closed.
Discussion by the Commission followed. Commissioner Archer commented that
she felt the two issues contained in the proposed ordinance ought to be separated and considered
independent of each other. While she was in favor of the increased parking requirement for
restaurants, she was not in favor of blanket approval or disapproval of the one time one space
parking reduction issue. To that end, Mrs. Archer moved to DENY Ordinance No. 34-00 on
First Reading. The motion was seconded by Ms. McCarthy.
The City Attorney clarified that if Ordinance No. 34-00 were to be voted down
and direction given to come back with two separate ordinances, those two new ordinances would
have to be advertised prior to first reading to comply with legal requirements.
Commissioner Perlman commented that he would like the opportunity to
workshop the matter, especially concerning the proposal to eliminate the one time one space
parking reduction. Upon further discussion, it was the consensus of the Commission to direct
staff to separate the two issues into two proposed ordinances. They could then be readvertised as
required by law for separate consideration on a new first reading and reviewed at the January 9th
workshop meeting for further input and direction if necessary.
At this point, the roll was called to the motion, with the Commission voting as
follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes;
Ms. McCarthy - Yes. Said motion to DENY Ordinance No. 34-00 on First Reading passed with
a 5 to 0 vote.
10.B. ORDINANCE NO. 35-00 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending the Land Development Regulations relative to Alcohol and Drug Abuse
Treatment Facilities. If passed, a second public hearing will be scheduled for January 2, 2001.
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The City Manager presemed Ordinance No. 35-00:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH AS
FOLLOWS: AMENDING APPENDIX "A", "DEFINITIONS",
BY REPEALING THE DEFINITION OF "ALCOHOL AND
DRUG ABUSE TREATMENT FACILITY" AND ENACTING
THE DEFINITIONS OF "RESIDENTIAL ALCOHOL AND
DRUG ABUSE TREATMENT FACILITY" AND "NON-
RESIDENTIAL ALCOHOL AND DRUG ABUSE
TREATMENT FACILITY" TO CONFORM TO CHANGES
IN THE FLORIDA STATUTES; AMENDING SECTION
4.3.3(D), "ALCOHOL AND DRUG ABUSE TREATMENT
FACILITIES", TO REFLECT CHANGES MADE TO THE
DEFINITION OF "ALCOHOL AND DRUG ABUSE
TREATMENT FACILITY", AND TO PROVIDE SPACING
REQUIREMENTS BETWEEN SCHOOLS AND OTHER
ALCOHOL AND DRUG ABUSE TREATMENT FACILTIES;
AMENDING SECTION 4.4.6 TO SPECIFY THAT
RESIDENTIAL ALCOHOL AND DRUG ABUSE
TREATMENT FACILITIES ARE A CONDITIONAL USE IN
THE RM ZONING DISTRICT; AMENDING SECTION 4.4.9
TO SPECIFY THAT RESIDENTIAL ALCOHOL AND DRUG
ABUSE TREATMENT FACILITIES ARE A CONDITIONAL
USE IN THE GC ZONING DISTRICT; AMENDING
SECTION 4.4.13 TO SPECIFY THAT RESIDENTIAL
ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES
ARE A CONDITIONAL USE IN THE CBD ZONING
DISTRICT; AMENDING SECTION 4.4.16 TO SPECIFY
THAT RESIDENTIAL ALCOHOL AND DRUG ABUSE
TREATMENT FACILITIES ARE A CONDITIONAL USE IN
THE POD ZONING DISTRICT; AMENDING SECTION
4.4.17 TO SPECIFY THAT RESIDENTIAL ALCOHOL AND
DRUG ABUSE TREATMENT FACILITIES ARE A
CONDITIONAL USE IN THE RO ZONING DISTRICT;
AMENDING SECTION 4.4.21 TO SPECIFY THAT
RESIDENTIAL ALCOHOL AND DRUG ABUSE
TREATMENT FACILITIES ARE A CONDITIONAL USE IN
THE CF ZONING DISTRICT; AMENDING SECTION 4.4.24
TO SPECIFY THAT RESIDENTIAL ALCOHOL AND DRUG
ABUSE TREATMENT FACILITIES ARE A CONDITIONAL
USE IN THE OSSHAD ZONING DISTRICT; AMENDING
SECTION 4.6.9 TO SPECIFY THE OFF-STREET PARKING
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REQUIREMENTS FOR RESIDENTIAL ALCOHOL AND
DRUG ABUSE TREATMENT FACILITIES; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 35-00 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated that the proposed
amendments are corrective in nature and are necessary to conform with the State's requirements
under Chapter 397, Florida Statutes. Specific sections of the Land Development Regulations are
also proposed for amendment to include locational and other restrictions, including that neither
residential facilities nor non-residential facilities may be located within 1,200 feet of any public
or private elementary, middle or secondary school. Another requirement is that there be a
minimum spacing between facilities of 1,200 feet. Mr. Dorling stated that the Planning and
Zoning Board considered the text amendments at a public hearing on November 20, 2000, and
voted 6 to 0 to recommend that the changes be approved.
A public hearing was held having been legally advertised in compliance with the
laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
Mayor Schmidt declared the public hearing open. Speaking from the audience
were the following:
John Bennett~ speaking on behalf of the Progressive Residents of Delray
(P.R.O.D.) of which he is currently Vice President, commented that there was concern that the
ordinance was going to abandon anything that was not state licensed. However, in talking with
the City Attorney's office, it is his understanding that they are still looking into how "drug flop
houses" can be regulated consistent with the Disabilities Act. Mr. Bennett asked that the
pressure be kept on in this regard. He continued that PR.O.D. was concerned that the staff
report appears to be too conciliatory to these kinds of facilities, and felt that other restrictions
could be imposed. Mr. Bennett was also concerned that the proposed ordinance deletes non-
residential facilities from the conditional use process. Overall, PR.O.D. believes that this is not
the time to become more lenient and more encouraging of these facilities, but rather that the City
should tighten up on its ordinances.
Jay Gordom 4101 Satin Leaf Court, asked how the proposed ordinance would
affect the existing Pathways facility on Barwick Road?
Mayor Schmidt responded that existing facilities would be grandfathered in.
However, no new facilities would be allowed to be built in the gray areas shown on the map
prepared by the Planning Department.
Gerald Franciosa~ 939 Eve Street~ commented that he felt the real problem was
the ability of the treatment centers to open up halfway houses almost anywhere in the City. He
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felt that the City Attorney needed to find a way to limit the number of halfway houses that would
be allowed in the City as well as the restrictions on treatment centers.
Alice Finst~ 707 Place Tavant, asked how the proposed ordinance will protect
residential neighborhoods and school children so that the City does not end up with another
Pathways-type situation?
On question from Mayor Schmidt, the City Attorney stated that the 1,200 foot
distance requirement is a regulation that the City decided on because that is the distance from a
school facility within which people under 18 years of age are prohibited from smoking and the
like. Mrs. Ruby emphasized that the proposed ordinance deals with a very touchy area of the
law and the City is limited as to what restrictions can and cannot be imposed. There is not
definite case law in some of the areas, but the Attorney's office believes that a rational
justification has been made, for example, for a distance requirement from schools. With respect
to other aspects, different courts have made different findings as to what is and is not permissible
with respect to these types of facilities. She stated that the proposed ordinance represents what
her office feels, under the law, could successfully be argued and supported with some case
precedent. She cautioned that these persons have protected status in that their condition is
considered a disability, and she felt strongly that her office did as much as could be done given
the legal constraints.
There being no one else from the audience who wished to speak on this item,
Mayor Schmidt closed the public hearing.
Discussion by the Commission followed. Commissioner Archer stated that she
felt the proposed ordinance was a good first step in addressing the matter, although she would
also want staff to look at whatever other steps might be taken to in order to limit the proliferation
of these types of facilities in the Delray area. Mrs. Archer moved to approve Ordinance No. 35-
00 on FIRST Reading. The motion was seconded by Mr. Schwartz.
Commissioner Perlman commented that one of the problems he had with the
ordinance was not having the distance criteria from single family zoning districts. He
understood why it was eliminated, but wished that there was some way that it could be put back
in the ordinance.
In response, Mr. Dorling stated that a distance requirement of 500 feet from single
family neighborhoods was initially looked at. That, along with the proposals that are included in
the ordinance, significantly limited the ability to locate these facilities in the City to the extent
that the City Attorney was not comfortable with the extent of the prohibition.
Additional discussion ensued concerning the legal issues and requirements that
come into play in attempting to regulate alcohol and drug abuse treatment centers as opposed to
facilities such as halfway houses and group homes within residential districts.
Commissioner Perlman stated that he was comfortable with what the legal staff
was saying with respect to what could or could not be done from a legal standpoint. He
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personally felt that Delray Beach has far too many of these types of recovery facilities, and
echoed Commissioner Archer's suggestion that there may be other ways to control these
facilities outside of zoning so that the City does not continue to see this sort of thing proliferate.
Assistant City Attorney Jay Jambeck responded that with respect to the "fair
share" argument, based on the research he had done, he felt that this type of argument probably
would not be received favorably by the courts because to the extent that the issue is covered
under the Fair Housing Act, people with disabilities have an equal opportunity to live in the
neighborhood of their choice.
At this point, the roll was called to the motion, with the Commission voting as follows:
Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor
$chmidt - Yes. Said motion to approve Ordinance No. 35-00 on First Reading passed with a 5
to 0 vote.
Prior to adjournment, Mayor Schmidt asked if there was anyone else in the audience who
wished to address the Commission on a non-agendaed item? There were none. On behalf of the
entire City Commission, Mayor Schmidt wishes everyone a very safe and happy Holiday Season
and a prosperous New Year!
at 8:15 p.m.
There being no further business, Mayor Schmidt declared the meeting adjourned
ATTEST:
City Clerk
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the minutes of the City Commission meeting held on December 12, 2000,
which minutes were formally approved and adopted by the City Commission on
City Clerk
NOTE TO READER: If the minutes you have received are not completed as indicated above,
this means they are not the official minutes of the City Commission. They will become the
official minutes only after review and approval which may involve some amendments, additions
or deletions.
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personally felt that Delray Beach has far too many of these types of recovery facilities, and
echoed Commissioner Archer's suggestion that there may be other ways to control these
facilities outside of zoning so that the City does not continue to see this sort of thing proliferate.
Assistant City Attorney Jay Jambeck responded that with respect to the "fair
share" argument, based on the research he had done, he felt that this type of argument probably
would not be received favorably by the courts because to the extent that the issue is covered
under the Fair Housing Act, people with disabilities have an equal opportunity to live in the
neighborhood of their choice.
At this point, the roll was called to the motion, with the Commission voting as follows:
Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor
Schmidt - Yes. Said motion to approve Ordinance No. 35-00 on First Reading passed with a 5
to 0 vote.
Prior to adjournment, Mayor Schmidt asked if there was anyone else in the audience who
wished to address the Commission on a non-agendaed item? There were none. On behalf of the
entire City Commission, Mayor Schmidt wishes everyone a very safe and happy Holiday Season
and a prosperous New Year!
at 8:15 p.m.
There being no further business, Mayor Schmidt declared the meeting adjourned
........ City Qt~erl~'
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 meeting held on December 12, 2000,
which minutes were formally
approved and adopted by the City Commission on
- ~2ity Cl~rkd/ /
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-
2/'12/00
.~/12~ .~00~I 16: 3g ~gg~25 DELAIRE CC PAGE
Property Owner's Association, Inc.
4645 g~Jte C. ed~r Lane
Delray Beach. FL 33445
499-9090
D~cember 12, 2000
Ms. Jane Garvey, Administrator
US Federsl Aviation Administration
800 Independence Avenue, SW
Washington, DC 20591
Dear Ms. Garvey:
Our community ~s located in the City of Delray Beach, Irk)t-Ma. In the adjacent
town of Boca Raton, south of Deb'ay Beach is a municipal airport, which has had
noise comphtints from the communities west ofl]oca Raton. Neither the City. of
De~ray Beach nor any of the communities in Delray ]~nch have ever had a problem
of noise from the previously existing tra~c patterns.
Suddenly because of the complaints indicated above, · committee we formed,
including an expert to study the situation. Simultaneously, · new traffic control
tower has been activated and our community is now inundated with voluminous air
traffic, the like~ of which we have never seen before. In addition, despite the
considerable distance that our commuity i~ located from the airport, the trafl'~c ia
considerably lower;, much lower than standard tramc patterns altitudes,
Obviously, there is both a noise and safety problem here. We look forward to you
being able to a~ist us with thb problem and anxiously await your positive response.
WS/arm
William benstein, President
Property Owners' Association
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