02-06-01FEBRUARY 6~ 2001
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., Tuesday, February 6, 2001.
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_ Reverend Matthew "Bump" Mitchell with
Church delivered the opening prayer.
Christ Missionary
Baptist
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given.
The Pledge of Allegiance to the flag of the United States of America was
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AGENDA APPROVAL
Mayor Schmidt noted the addition of Item 9.N. Final Plat Approval/Del
Raton Park Replat No. 1~ to the Regular Agenda by addendum.
The City Attorney requested the postponement of Item 9.C., Waiver
Request to Reduce Open Space Requirement/Block 69 Municipal Parking Garage~
to the Regular City Commission Meeting of February 20, 2001.
Ms. McCarthy moved to approve the agenda as amended, seconded by
Mrs. Archer.
Prior to the vote, Mr. Schwartz stated that Items 12.A. through 12.E.
regarding the ordinance on the Charter Revisions should be removed from the agenda.
He suggested that the City present this to a Citizens Charter Revision Committee as was
done approximately ten years ago so that adequate public input can be given prior to it
being presented to the City Commission. In addition, Mr. Schwartz stated he would also
like to to see this issue placed on the ballot.
At this point, Mayor Schmidt asked Ms. McCarthy if she accepts the
amendment to the motion. Ms. McCarthy stated she accepts the amendment to the
motion. At this point, Mr. Perlman seconded the amended motion.
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At this point, the City Manager identified that three of these amendments
are technical amendments, which straighten out internal conflicts in the Charter and do
not make any substitute change. He encouraged the Commission to wait and discuss
Items 12.A., 12.C., & 12.E. since these pertain to technical issues. As for the substitute
amendments, the City Manager agrees that these should be presented to a Citizens
Charter Revision Committee for review.
The Commission concurred with the City Manager and some discussion
followed.
Ms. McCarthy asked for clarification regarding Item 12.C. The City
Attorney gave a brief explanation about how Item 12.C. ultimately relates to the term
limits. Based on the City Attorney's explanation, Ms. McCarthy stated she can accept
Items 12.A. and 12.E. but does not feel comfortable with Item 12.C. and she will amend
her motion accordingly.
As it stands now, Mayor Schmidt stated the motion would be to remove
Items 12.B., 12.C., & 12.D. from the agenda.
Mrs. Archer stated that she does not see a real problem with Item 12.C.
and withdrew her second to the motion.
Ms. McCarthy moved to approve the agenda with the addition of Item
9.N., Final Plat Approval/Del Raton Park Replat No. 1 with the deletion of Item 9.C.,
Waiver Request to Reduce Open Space Requirement/Block 69 Municipal Parking
Garage, and deletions of Item 12.B., Ordinance No. 11-01, Item 12.C., Ordinance No.
12-01 and Item 12.D, Ordinance No. 13-01, 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
January 16, 2001, 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.
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PROCLAMATIONS:
6.A. Recognizing and commending the Delra¥ Rocks and Cheerleaders on
their achievements during the 2000 Season.
Mayor Schmidt read and presented a proclamation recognizing the Delray
Rocks and Cheerleaders on their achievements during the 2000 season.
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02-06-01
Ben Leonard, Recreation Supervisor II, accepted the proclamation and
expressed appreciation for the City's support. He personally thanked Joe Weldon,
Director of Parks & Recreation, Joe Dragon, Assistant Director of Parks & Recreation,
Rodger Ribeiro, Recreation Superintendent, and Ann Green, Recreation Supervisor IV
for their continued support with the youth of Delray Beach.
Rodger Ribeiro, Recreation Superintendent, announced that Ben Leonard
has also won the Coach of the Year Award with the South Florida Youth Sports League.
6.B. Recognizing and commending Gene Tarver for his outstanding
Community service and contributions to the youth of Delray Beach.
Mayor Schmidt read and presented a proclamation recognizing and
commending Gene Tarver for his outstanding community service and contributions. On
behalf of Mr. Tarver, Ben Leonard graciously accepted the proclamation.
6oC.
Recognizing the First Sister City Delegation to Moshi~ Tanzania.
Mayor Schmidt read and presented a proclamation recognizing the First
Sister City Delegation to Moshi, Tanzania:
Honorable Vice-Mayor Patricia Archer, and Regional Marketing Representative
for Creditech of South Florida, Inc.,
Kjell Bergh, owner of Borton Volvo and recently appointed Honorary Consul for
the Florida office of the Embassy of the United Republic of Tanzania,
Maria Nhambu Bergh, founder of Aerobics With Soul, native Tanzania,
n'Detenga n'Gurumo, Environmental Compliance Manager and Manager of the
Environmental Services Water Treatment Laboratory for the City of Delray
Beach,
Calowise n'Gurumo, business owner of Calowise Cleaning,
Dale Briese, business owner of Personal Banking Services, Inc., and Chairperson
of Leadership Delray Beach for the Chamber of Commerce,
Ngozi Mensah, Youth Program Administrator of Palm Beach County Sports
Commission and Institute,
Charlotte G. Durante, Realtor & Insurance Agent, owner of Durante Realty and
Durante Insurance Agency, and President of Delray Beach Sister Cities, Inc.
Each member of the delegation came forward and accepted a
proclamation.
Charlotte G. Durante~ 4165 N.W. l0th Street~ stated she is honored to be
a part of this delegation going to Moshi, Tanzania and thanked the Commission for this
opportunity.
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Kiell Berth, 1153 Harbor Drive, stated the delegation would be meeting
with three levels of government; the local city government, the district government,
(which is equal to our County Commission), and the regional government (which is equal
to our state government).
Commissioner Archer expressed her appreciation and thanked everyone
who has worked so hard in preparation to go on this trip. Secondly, Mrs. Archer thanked
all the people who have worked so hard to get together donations for gifts for some of the
individuals that the delegation will be meeting over in Moshi, Tanzania. Furthermore,
she specifically thanked Mary Swinford from the Historical Society for books on
Delray's history which will be given to the library, Marjorie Ferrer for working with the
Downtown Development Authority (DDA) for obtaining some information, and Hands
Bookstore who will be donating supplies for some of the schools in Moshi, Tanzania.
Mayor Schmidt commented that this is a very exciting time for the City
and noted that everyone is paying his own way with the exception of Commissioner
Archer.
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PRESENTATIONS:
Mayor Schmidt presented and recognized Joe Safford, Finance Director,
with the Distinguished Budget Presentation Award for the Fiscal Year beginning October
1, 1999. Mr. Safford thanked and recognized Regina Frazier, Budget Administrator, for
all her work efforts in compiling the budget document and noted the Finance Department
prepares the budget document for presentation on a national basis for the Government
Finance Officers Association (GFOA). The Finance Department has received this award
for approximately ten consecutive years.
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CONSENT AGENDA: (City Manager recommends approval)
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AGREEMENT FOR FACILITATION SERVICES/DOWNTOWN
BUSINESS DISTRICT PLAN: Approve an agreement between the City and Pat Bidol-
Padva, Ph.D., for facilitation services associated with the MacArthur Grant/Downtown
Business District Plan, in the amount of $15,000 with funding from 001-6113-559-31.90
(MacArthur Grant).
8.B. LIEN REVIEW ADVISORY COMMITTEE
RECOMMENDATIONS: Approve the Lien Review Advisory Committee's
recommendations concerning the disposition of outstanding liens on 25 outstanding
customer files.
8.C. FDOT UTILITY PERMIT & HOLD HARMLESS
AGREEMENT/OCEAN HAMMOCK: Authorize the City to act as the utility permit
applicant for the construction of a water main within state right-of-way (A1A) and
approve a hold harmless agreement wherein the developer (Ironwood Properties, Inc.)
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agrees to hold the City harmless for work performed by the developer in the state right-
of-way, associated with the Ocean Hammock townhouse development located at the
southwest corner of Pelican Lane and A1A.
8.D. DECLARATION OF RESTRICTIONS BY F.I.N.D. ON THE
ODABACHIAN PROPERTY: Approve a Declaration of Restrictions requested by the
Florida Inland Navigation District (F.I.N.D.) which provides that the Odabachian
property recently purchased by the City shall be used as a public boat parking area in
conjunction with the planned boat ramp to be constructed on the adjacent F.I.N.D. parcel
(MSA 650).
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LETTER OF AGREEMENT/GLATTING JACKSON KERCHER
ANGLIN LOPEZ RINEHART~ INC. (PARKS AND RECREATION MASTER
PLAN): Approve a letter of agreement between the City and Glatting Jackson Kercher
Anglin Lopez Rinehart, Inc. for that firm to perform a Needs Assessment and prepare a
Master Plan for the Parks and Recreation Department, with funding in the amount of
$78,700 from 334-6111-519-31.30 (General Construction Fund -
Engineering/Architectural).
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AMENDMENT #1 TO INTERLOCAL AGREEMENT WITH PALM
BEACH COUNTY/CNG FUEL MANAGEMENT SERVICES: Approve
Amendment #1 to the interlocal agreement between the City and Palm Beach County for
CNG (Compressed Natural Gas) fuel management services by extending the agreement
for five (5) years, to August 18, 2006.
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SERVICE AUTHORIZATION #7/MATHEWS CONSULTING~ INC.
(N.E. 4T}I STREET WIDENING): Approve Service Authorization #7 in the amount of
$24,700.00 with Mathews Consulting, Inc. for engineering services associated with the
widening of NE 4th Street from NE 2nd Avenue to NE 5th Avenue (southbound Federal
Highway), including coordination with FEC Railway regarding the FEC crossing, with
funding from 334-3162-541-65.19 (General Construction - NE 4th Street Improvements).
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CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/MOLLOY
BROTHERS (SEACREST/DEL-IDA NEIGHBORHOOD IMPROVEMENTS
PHASE I): Approve closeout Change Order #1 in the amount of $27,106.50 and final
payment in the amount of $40,146.75 for completion of the Seacrest/DeMda
Neighborhood Improvements Phase I project, with funding in the amount of $10,200
from 442-5178-536-63.50 (W&S R&R - Water Distribution Improvements), $16,906.40
from 334-3162-541-62.54 (General Construction Capital Outlay - Seacrest/DeMda), and
$13,040.35 from 448-5461-538-63.97 (Stormwater - Other Improvements).
8.1. CLOSEOUT CHANGE ORDER #2 & FINAL PAYMENT/SIGA
INC. (ORCHARD VIEW PARK): Approve closeout Change Order #2 in the amount
of $2,970.54 and final payment in the amount of $6,052.66 to SIGA Inc. for completion
of the Orchard View Park project, with funding from 334-6112-519-63.40 (General
Construction Fund - Recreational Improvements).
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8.J. FUNDING SUBSIDY UNDER THE DELRAY BEACH
RENAISSANCE PROGRAM: Approve a funding subsidy in the amount of $21,375.00
for an income eligible applicant under the Delray Beach Renaissance Program, with
funding from 118-1924-554-83.01 (SHIP Program), representing the 117th
homeownership assistance grant provided through the program to-date.
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SUBORDINATION AGREEMENT FOR COMMUNITY
DEVELOPMENT FUNDING RECIPIENT: Authorize and approve subordination of
the City's second mortgage in the amount of $16,047.00 to allow the applicant to obtain a
new mortgage for construction of a single family home.
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RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Ratify the
various actions approved by the South Central Regional Wastewater Treatment and
Disposal Board at the quarterly meeting of January 18, 2001.
8.M. RESOLUTION NO. 7-01: Approve a resolution supporting increased
funding for Regional Planning Councils.
The caption of Resolution No. 7-01 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, SUPPORTING
INCREASED FUNDING FOR REGIONAL PLANNING
COUNCILS.
(The official copy of Resolution No. 7-01 is on file in the City
Clerk's office.)
8.N. RESOLUTION NO. 8-01: Approve a resolution assessing costs for
action necessary to abate nuisances on twenty-three (23) properties throughout the City.
The caption of Resolution No. 8-01 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 AND
LEVYING THE COST OF SUCH ABATEMENT OF
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NUISANCES; PROVIDING FOR AN EFFECTIVE DATE
AND FOR A DUE DATE AND INTEREST ON
ASSESSMENTS; PROVIDING FOR THE RECORDING OF
THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR
UNPAID ASSESSMENTS.
(The official copy of Resolution No. 8-01 is on file in the City
Clerk's office.)
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APPOINTMENT OF OUTSIDE COUNSEL/MERVIL & SELDIN
CLAIMS: Approve the appointment of outside counsel in the referenced matter as
recommended by the City Attorney.
8.P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period January 16th through February 2, 2001.
8.Q. AWARD OF BIDS AND CONTRACTS: Bid award in the estimated
amount of $87,400 to CSR Rinker for the annual Ready Mix Concrete contract, via joint
bid with the City of Boynton Beach, with funding from 001-3113-541-53.90 (Streets
Maintenance - Other Road Materials) and various capital project accounts
Bid award in the estimated amount of $15,680 to Tanner Industries
for the annual Anhydrous Ammonia contract for the Water
Treatment Plant, via joint bid with the City of Boynton Beach,
with funding from 441-5122-536-52.21 (Water Treatment &
Storage - Chemicals).
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Purchase award in the total amount of $16,800 to Otto Industries,
Inc. for the purchase of 588 68-gallon roll garbage carts, with
funding from 433-3711-534-49.35 (Sanitation Fund/Cart Renewal
& Replacement). 108 of the carts will be delivered free of charge
as warranty replacements for defective carts.
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Contract award in the amount of $702,506.25 to Rosso Paving &
Drainage, Inc. for the Marty Fladell Drive & N.W. 18th Avenue
improvements, a 2000 Roadway Bond project, with funding in the
amount of $338,088.45 from 370-3162-541-65.47 (2000 Roadway
Bond Program), $182,148.50 from 448-5470-538-65.47
(Stormwater), and $182,269.30 from 441-5161-536-65.47 (Water
& Sewer New Capital).
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Purchase award in the amount of $30,870.00 to RLS Lighting, Inc.
for the purchase of park benches and litter containers to be placed
along Pineapple Grove Way (N.E. 2nd Avenue) between Atlantic
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Avenue and N.E. 4th Street, with funding in the amount of $11,130
from 433-3711-534-49.35 (Sanitation Fund - Cart Renewal &
Replacement) and $19,740.00 from 334-6111-519-65.12 (General
Construction Fund - NE 2nd Avenue Improvements).
Mr. Schwartz moved to approve the Consent Agenda, seconded by Mrs.
Archer. 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.
Prior to roll call, Mayor Schmidt complimented the Lien Review Advisory
Committee for their recommendations concerning the disposition of outstanding liens on
25 outstanding customer files (Item 8.B. of the Consent Agenda).
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REGULAR AGENDA:
9.A. CONDITIONAL USE REQUEST/CUSTOM CAR WORKS:
Consider approval of a request for conditional use approval to establish a window tinting
and car stereo sales/installation operation for Custom Car Works, located within the LL
Park of Commerce located at the northeast corner of Congress Avenue and Dr. Carol
Krol Way. The subject property is zoned MIC (Mixed Industrial and Commercial)
District. QUASI-JUDICIAL PROCEEDING
Mayor Schmidt asked the Commission to disclose any ex parte contacts.
No ex parte contacts were noted.
The City Attorney stated all involved parties would conduct this item as a
quasi-judicial hearing, which allows for presentations, the admission of documents into
the record and public testimony.
on this item.
The City Clerk swore in those individuals who wished to give testimony
Paul Dorling, Principal Planner, entered into the record the Planning and
Zoning Department's file #2001-34 and a listing of pertinent documents.
This conditional use request is to establish a window tinting, car stereo
and security sales and installation operation for Custom Car Works. The use falls within
the category of automobile, paint, body and repair, and requires conditional use approval
pursuant to LDR Section 4.4.19(D)(1)(c). The business will occupy a 1,600 square foot
Bay of an existing building fronting on Congress Avenue.
At its meeting of January 22, 2001, the Planning and Zoning Board held a
public hearing in conjunction with review of the request. No one from the public spoke
on the item. After reviewing the staff report and discussing the proposal, the Board voted
7-0 to recommend approval of the Conditional Use request, based upon positive findings
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with respect to Chapter 3 (Performance Standards) and Section 22.4.5(E)(5) of the Land
Development Regulations, and policies of the Comprehensive Plan.
Bernie Hoffmam owner/applicant and residing at 940 Greenbriar Drive~
stated he has owned a business on Linton Boulevard in Delray for the past ten years and
is looking for a larger location.
There being no one else who wished to address the Commission, the public
hearing was closed.
Mr. Schwartz moved to approve the conditional use request to establish a
window tinting and car stereo sales/installation operation for Custom Car Works, located
within the LL Park of Commerce, based upon positive findings with respect to Chapter 3
(Performance Standards), Section 2.4.5(E)(5) of the Land Development Regulations, and
the policies of the Comprehensive Plan, 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.
9ogo
RECONSIDERATION OF A CONDITION OF APPROVAL FOR
WATERWAY VILLAGE: Consider a request to modify the original conditions of
approval with respect to off-site improvements associated with Waterway Village, a
proposed mixed use (residential/commercial) development located at the southwest
corner of South Federal Highway and Lindell Boulevard.
Paul Dorling, Planning Director, stated that at its meeting of September
19, 2000, the City Commission approved a Redevelopment Plan, Future Land Use Map
amendment from RDA #6 to GC (General Commercial), and, Conditional Use for a 166-
unit residential development on a 11.99 acre site south of Lindell Boulevard between
Dixie and Federal Highways.
This development proposal was given an increase in density up to 16
dwelling units per acre subject to a proposed development's ability to comply with
specific criteria outlined in the Redevelopment Plan as well as performance standards of
the Land Development Regulations (LDR' s).
The applicant proposed improvements to these properties in exchange for
the density increase. These improvements were to be provided on the Orange Royal site
along Federal Highway, and the landscape nursery and convenience store sites along
Dixie Highway.
The applicant has further requested that the condition, which requires the
applicant to be responsible for the improvements to the adjacent properties and that, these
improvements be completed prior to release of the first Certificate of Occupancy (CO)
for the project be amended. The requested amendment would allow any costs associated
with off-site approvals to be placed in escrow and have the individual property owners
proceed with the development approvals and construction. Furthermore, the applicant
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requests that these improvements not be "tied" to the Waterway Village development in
terms of a Certificate of Occupancy.
At its meeting of January 22, 2001, the Planning and Zoning Board
considered the requests and discussed several alternative improvements, which the
applicant could substitute for the original conditions of approval. After lengthy
discussion the Board recommended the following on a 6-0 vote (Jess Soward abstaining):
That the maximum financial obligation for off-site improvements under
reconsideration for the two Dixie Highway properties (nursery and the
convenience store) or any proposed alternative improvements be limited to
$25,000.
2. That the original conditions be modified to require the following:
· Construction of a dumpster enclosure for the convenience store;
· Patching and resealing the landscape nursery parking area and
provision of four trees as noted in the original condition of approval;
· Contribution of $16,000 to fund landscape improvements to the
retention area at the northwest corner of the Lindell Boulevard and
Dixie Highway (west of the FEC railroad)
· If the off-site improvements on the convenience store or nursery
property cannot be accomplished (a written confirmation from the
owner of the site is required), the applicant is to provide additional
landscaping on the north side of Lindell Boulevard as noted in Exhibit
Mr. Dorling clarified that the developer would be obligated to complete
the off-site improvements before obtaining a Certificate of Occupancy (CO).
Mr. Perlman moved to approve the modification of the original conditions
as recommended by the Planning and Zoning Board which are Item #1, Item #2, and
bullets 1-3 under Item #2 (except bullet #4) as listed on page two of the Planning and
Zoning Staff Report, and deny the request that the off-site property owners be responsible
for the off-site improvements; and that the off-site improvements not be "tied" to the
Certificate of Occupancy (CO), 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.
9.C.
THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
9.D. SPECIAL EVENT REQUEST/6T}I ANNUAL WINTER STREET
CRAFT FESTIVAL: Consider a request for special event approval to allow the 6th
Annual Delray Beach Winter Street Craft Festival to be held on February 24-25, 2001,
including a temporary use permit for street closure and staff support for security, with the
event sponsor paying all overtime costs.
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(Mr. Schwartz left the dais at this time.)
Robert Barcinski, Assistant City Manager, stated this is a request to
endorse the 6th Annual Delray Beach Winter Street Craft Festival to be held on February
24th and 25th from 10:00 a.m. - 5:00 p.m., to grant a temporary use permit per LDR
Section 2.3.6 (H) for the use of NE/SE 4th Avenue, one block north/south of Atlantic
Avenue, and to authorize staff support for security. Mr. Barcinski noted that the original
request was the closure of two blocks, however, this has been amended to one block
north/south.
This is one of the Howard Alan Events, Ltd. which will handle vendor
management and set up, site clean up, barricades, and port-o-lets. The main cost is for
police overtime for security, which will be approximately $1,800 due to the change
versus $2,300.
Mrs. Archer moved to approve the 6th Annual Winter Street Craft Festival
to be held on February 24-25, 2001 including a temporary use permit, approval of staff
support for police security with the sponsor paying all overtime costs contingent on the
receipt of the required liability insurance and hold harmless agreement, seconded by Mr.
Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs.
Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4
to 0 vote.
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. 3-01 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending the Land Development Regulations by placing a
moratorium on business uses as defined herein opened for business at any time between
the hours of 12:00 midnight and 5:00 a.m. for a period of six months from the date of
adoption of this ordinance in the General Commercial zoning district and the Central
Business District within the Downtown Development Authority area. Prior to
consideration of passage of this ordinance on Second and FINAL Reading, a public
hearing has been scheduled to be held at this time.
The City Manager presented Ordinance No. 3-01:
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 BY AMENDING ARTICLE 4.4, "BASE ZONING
DISTRICT", SECTION 4.4.9, "GENERAL
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COMMERCIAL (GC) DISTRICT", SUBSECTION
4.4.9(B), (C), (D) AND (G), AND BY AMENDING
SECTION 4.4.13, "CENTRAL BUS1NESS (CBD)
DISTRICT", SUBSECTIONS 4.4.13(B), (C) AND (D)
WITHIN THE DOWNTOWN DEVELOPMENT
AUTHORITY AREA AS MORE PARTICULARLY
DESCRIBED HEREIN, BY PLACING A MORATORIUM
ON BUS1NESS USES OPENED FOR BUS1NESS AT
ANY TIME BETWEEN THE HOURS OF 12:00 A.M.
MIDNIGHT AND 5:00 A.M. AND AS FURTHER
DEF1NED HEREIN, FOR A PERIOD OF SIX MONTHS
FROM THE DATE OF ADOPTION OF THIS
ORDINANCE IN THE GENERAL COMMERCIAL (GC)
DISTRICT AND THE CENTRAL BUS1NESS (CBD)
DISTRICT WITHIN THE DOWNTOWN
DEVELOPMENT AUTHORITY AREA; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 3-01 is on file in the City Clerk's
Office.)
Brian Shutt, Assistant City Attorney, read the caption of the ordinance. A
public hearing was held having been legally advertised in compliance with the laws of the
State of Florida and the Charter of the City of Delray Beach, Florida.
Mayor Schmidt declared the public hearing open.
The following individuals spoke in favor of this item:
Clay Widemam business owner at 404 W. Atlantic Avenue, stated he
supports this item from the stand of the Delray Merchant's Association, the Downtown
Development Authority, West Atlantic Redevelopment Coalition (WARC) and law
enforcement. He feels it will help the quality of life in the community of Delray Beach
and will ultimately save a lot of residents.
(Mr. Schwartz returned to the dais at this time.)
Rosalind Murray~ West Atlantic Program Manager~ thanked the
Commission for presenting this ordinance and is hopeful that in approximately six
months they will have something really good to present to the Commission.
There being no one else who wished to speak on this item, the public
hearing was closed.
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Mrs. Archer moved to adopt Ordinance No. 3-01 on Second and FINAL
Reading, 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.
10.B.
ORDINANCE NO. 4-01 (SECOND READING/SECOND PUBLIC
HEARING:) An ordinance amending LDR Section 4.4.13, "Central Business (CBD)
District", Subsection 4.4.13(G), "Supplemental District Regulations", by increasing the
parking requirement for restaurants in the original Downtown Development Authority
area. Prior to consideration of passage of this ordinance on Second and FINAL Reading,
a public hearing has been scheduled to be held at this time.
The City Manager presented Ordinance No. 4-01:
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 SUB SECTION
4.4.13 (G), "SUPPLEMENTAL DIS TRICT
REGULATIONS", TO INCREASE THE PARKING
REQUIREMENT FOR RESTAURANTS IN THE
ORIGINAL DOWNTOWN DEVELOPMENT
AUTHORITY (DDA) AREA; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 4-01 is on file in the City Clerk's
Office.)
Brian Shutt, Assistant City Attorney, read the caption of the ordinance. A
public hearing was held having been legally advertised in compliance with the laws of the
State of Florida and the Charter of the City of Delray Beach, Florida.
Mayor Schmidt declared the public hearing open.
The following individual spoke in favor of this item:
John Bennett, President of Progressive Residents of Delra¥ (PROD)
and speaking on behalf of PROD, stated PROD supports the proposed change to
increase the parking requirements for restaurants in the original Downtown Development
Authority (DDA) portion of the Central Business District (CBD) area from one space per
300 square feet of floor area to six (6) spaces per 1,000 square feet.
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02-06-01
There being no one else who wished to speak on this item, the public
hearing was closed.
Mr. Schwartz moved to adopt Ordinance No. 4-01 on Second and FINAL
Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows:
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.
10.C. ORDINANCE NO. 6-01 (FIRST READING/FIRST PUBLIC
HEARING): An ordinance amending LDR Sections 4.4.13(G) and 4.4.24(G) by
modifying the one time one space parking reduction within the Central Business District
and the Old School Square Historic Arts District. If passed, a second public hearing will
be scheduled for February 20, 2001.
The City Manager presented Ordinance No. 6-01:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING SECTION 4.4.13, "CENTRAL BUSINESS
(CBD) DISTRICT", SUBSECTION 4.4.13(G),
"SUPPLEMENTAL DISTRICT REGULATIONS",
SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC
ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24(G),
"SUPPLEMENTAL DISTRICT REGULATIONS", AND
SECTION 4.4.28, "CENTRAL BUSINESS DISTRICT-
RAILROAD CORRIDOR (CBD-RC)", SUBSECTION
4.4.28 (G), "SUPPLEMENTAL DIS TRICT
REGULATIONS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH,
BY MODIFYING 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. 6-01 is on file in the City Clerk's
Office.)
Brian Shutt, Assistant City Attorney, read the caption of the ordinance. A
public hearing was held having been legally advertised in compliance with the laws of the
State of Florida and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Planning Director, explained that this is a first reading and
first public hearing for Ordinance No. 6-01 that would modify the one time one space
parking reduction provision in the Central Business District, the Central Business
District-Railroad Corridor, and the Old School Square Historic Arts District.
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02-06-01
Ordinance No. 6-01 was drafted in response to Commission direction at
the January 9th workshop, where it was the Commission's consensus not to support the
complete elimination of the one time one space parking reduction. After some
discussion, a compromise was suggested that would allow for a one space parking
exemption in those instances where either new development, expansion of an existing use
or a change in use resulted in the requirement of only one new parking space. If more
than one parking space was required, no exemption would be allowed and the parking
would have to be provided in order for the development to occur. Ordinance No. 6-01
was presented to the Commission for review on January 16, 2001. It was the consensus
that the ordinance accurately reflected the Commission's intent, and direction was given
to proceed with the required advertising.
Mayor Schmidt declared the public hearing open.
John Bennett~ speaking on behalf of PROD~ supports this ordinance and
is in favor of modifying the one time one space parking reduction provision in the Central
Business District, the Central Business District-Railroad Corridor, and the Old School
Square Historic Arts District.
There being no one else who wished to speak on this item, the public
hearing was closed.
Mr. Perlman moved to approve Ordinance No. 6-01 on FIRST Reading
and FIRST Public Hearing, 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.
10.D. ORDINANCE NO. 7-01 (FIRST READING/FIRST PUBLIC
HEARING): An ordinance amending the LDRs regarding parking requirements in the
CBD (Central Business District) to accommodate required parking by utilizing valet or
tandem parking and establishing design standards for valet and tandem parking
arrangements. If passed, a second public hearing will be scheduled for February 20,
2001.
The City Manager presented Ordinance No. 7-01:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING SECTION 4.4.13, "CENTRAL BUS1NESS
(CBD) DISTRICT", SUBSECTION 4.4.13(D),
"CONDITIONAL USES AND STRUCTURES
ALLOWED", TO PROVIDE THAT REQUIRED
PARKING FOR CERTAIN USES MAY BE PROVIDED
AS VALET PARKING, SUBJECT TO CONDITIONS
AND SUBJECT TO CONDITIONAL USE APPROVAL;
AMENDING SUB SECTION 4.4.13 (G),
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02-06-01
"SUPPLEMENTAL DISTRICT REGULATIONS", TO
PROVIDE THAT PARKING REQUIRED FOR
CERTAIN MULTIPLE FAMILY DEVELOPMENTS
MAY UTILIZE TANDEM PARKING, SUBJECT TO
CERTAIN CONDITIONS; AMENDING SECTION 4.6.9,
"OFF-STREET PARKING REGULATIONS",
SUBSECTION 4.6.9(C)(2)(c), "MULTIPLE FAMILY
STRUCTURES", TO PROVIDE THAT PARKING MAY
BE PROVIDED IN FRONT OF GARAGE UNITS
WITHIN TOWNHOUSE AND TOWNHOUSE-TYPE
DEVELOPMENTS, SUBJECT TO CONDITIONS;
AMENDING SUB SECTION 4.6.9(F), "SPECIAL
PROVISIONS", BY ENACTING A NEW
SUBPARAGRAPH 4.6.9(F)(3) TO ESTABLISH DESIGN
STANDARDS AND REGULATIONS FOR VALET AND
TANDEM PARKING ARRANGEMENTS; PROVIDING
A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 7-01 is on file in the City Clerk's
Office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Planning Director, stated the amendments propose to allow
100% of required parking for commercial establishments, restaurants, cocktail lounges,
hotel and residential type inns within the Central Business District, east of the
Intracoastal Waterway, to be accommodated through the provision of valet parking,
including a parking appliance/lift system, tandem parking, or a combination of both. The
proposal also includes allowing tandem parking for multiple family developments, and
provides design criteria for these types of parking arrangements.
The Planning and Zoning Board considered the amendments at a public
hearing on January 22, 2001. There was discussion concerning the provision to allow
tandem parking for multiple family developments, with some concern expressed that
allowing this option for developments with 25 units might be too many. While no formal
recommendation was made, staff revised the ordinance to limit the use of tandem parking
for multi-family developments with no more than ten (10) units.
With regard to the Planning and Zoning Board's concern, as the intent is
to allow tandem parking arrangements for small infill multiple family developments, it
seems appropriate to limit those developments to 10 units rather than 24. Thus, the
proposed amendment has been modified accordingly. After discussing the amendment,
the Board voted 6-0 (Sowards stepped down) to recommend to the City Commission
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02-06-01
approval of the proposed text amendment based upon positive findings with respect to
LDR Section 2.4.5(M).
Commissioner Schwartz asked Mr. Dorling what his definition of tandem
parking is? In response, Mr. Dorling stated that tandem parking usual means a car parked
behind another car hence the requirement in the code that this be provided for in multi-
family conditions whereas one unit required spacing would not hinder another units
required spacing. Furthermore, Mr. Dorling explained that tandem parking could not be
accommodated for the guest-parking requirement in multi-family developments.
Commissioner Schwartz commented that if this is the requirement for east
of the Intracoastal Waterway. Mr. Dorling noted that this is limited to the Central
Business District (CBD) east of the Intracoastal Waterway. Mr. Schwartz inquired about
the requirement west of the Intracoastal Waterway. At this time, Mr. Dorling stated this
would not affect it. This has been requested here because there is an acute parking
problem in this area and land values are extremely high and conventional parking has
become prohibited.
The City Manager asked Mr. Dorling if someone has requested the multi-
family. Upon question from the City Manager, Mr. Dorling stated this was part of the
initial text amendment request that was originally submitted. The developer of the hotel
site for which a tandem parking arrangement was requested prompted this. Mr. Schwartz
inquired as to whether or not these same circumstances are happening west of the
Intracoastal as well. Mr. Dorling stated this is not as acute as it is east of the Intracoastal
and this was thought of as a good way to introduce these regulations on a smaller scale
before being implemented on a larger scale if appropriate. Mr. Schwartz stated he is still
not clear as to why west of the intracoastal is being excluded in accomplishing this. Mr.
Dorling explained that since this was a privately iniated text amendment, staff did not
feel that it would be appropriate to expand this yet. If this works, Mr. Dorling stated then
the City might use it throughout other areas of the City.
In regard to valet parking, Mr. Schwartz asked if this would apply to only
east of the Intracoastal. Jeff Costello, Principal Planner, stated multi-family would not be
included as a 100% valet parking. The original request was to include multi-family
providing the required parking and valet and this was excluded from the request. Mr.
Costello explained that the LDR text amendment to allow 100% of required parking
would only apply to commercial establishments, restaurants, cocktail lounges, hotels, and
residential type inns within the CBD zone district. Mr. Schwartz asked if this means that
residential valet parking would be prohibited? In response, Mr. Dorling stated that this is
currently not allowed for multi-family uses. Mr. Schwartz stated he has received
numerous complaints about valet parking being too costly and inquired as to why some
businesses are using up to eight spaces for valet parking. He suggested that the City do
something to control the cost and also look into why so many spaces are being used.
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02-06-01
The City Manager stated that the amendment to the agreement that the
Commission previously adopted addresses the valet parking issue and the consequences
if the agreement is violated.
Discussion by the Commission ensued.
The Commission addressed concerns regarding the potential noise that
may come from hydraulic equipment and whether or not this would be a problem.
Commissioner McCarthy inquired as to why valet parking is prohibited?
In response, the City Manager stated that you could have valet parking if you have a
normal parking lot. Mr. Dorling explained that with conventional parking the City does
not dictate that someone cannot offer this service to their residents whether it be rental or
ownership.
Ms. McCarthy expressed concern over the hydraulic lift and feels this will
create a lot of noise. She stated that if the reason for having the hydraulic lift is to have a
roof to help contain the noise inside, then why would the City want one without a roof?.
In response, Mr. Dorling stated that he did raise concerns regarding potential noise and
the private text submitter indicated and provided information that it was not noisy. Mr.
Dorling explained he is not certain that the primary purpose for the roof is to suppress
noise but it may rather be an issue of visibility, an issue of protecting the vehicles from
elements, or any number of things. Ms. McCarthy stated she would like to get more
information regarding this.
Mr. Costello stated that when making an analysis regarding a conditional
use, staff does take noise into consideration. When an application is submitted and a lift
system is proposed, the applicant would have to provide staff with the details regarding
that particular lift system so the analysis can be made on compatibility and so forth. Mr.
Dorling stated noise would be a larger concern when the parking lot is proposed directly
abutting residential uses versus commercial uses.
With regard to the noise level, Mrs. Archer stated that the normal zoning
requirements and City code states that a certain level of noise is acceptable within the
City and suggested that perhaps the City Code be amended so that these particular
devices are not subject to exactly the same requirements. Mr. Dorling stated that the City
might want to consider going to the site to see a hydraulic lift in operation in order to get
a clear indication of its impact.
The City Manager reiterated concerns and strong reservations about
applying this to multi-family. He stated that he has never seen a multi-family
development that does this and only if the Commission sees that it works well, then he
recommends that the Commission not adopt that part of this ordinance. He stated to have
open tandem parking that accommodates ten (10) units is only asking for problems.
Discussion by the Commission ensued.
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02-06-01
Mayor Schmidt declared the public hearing open.
Frau Marincola, 1138 Vista Del Mar, addressed the noise issue and
supports the ordinance as drafted.
Dan Burns, 1036 Bucida Road, expressed concerns regarding the boats
that are stacked at the marina located at George Bush Boulevard and the Intracoastal
Waterway. He feels it is an eyesore to look at the stacked boats while driving on George
Bush Boulevard to the marina.
John Bennett, representing the Beach Property Owners Association
(BPOA) stated he is not sure why this particular area is being singled out. He supports
the general content of the ordinance but feels the ordinance needs some tweaking
especially regarding the issue of noise. On behalf of PROD, Mr. Bennett stated that
PROD supports this innovative attempt to deal with the parking problem. Neither
organization has a position on the tandem parking. Personally speaking, Mr. Bennett
stated he concurs with the City Manager's concern.
Richard Van Gemert, 912 Eve Street, stated he sees some potential
problems that may be created by this ordinance much like what the City Manager noted
and feels the stacking units would be unappealing. Mr. Van Gemert feels that by
surrounding these parking areas with a 12-foot wall to hide them from adjoining
properties would not be aesthetically appealing either. He stated that before he retired he
sold hydraulic equipment and informed the Commission that if this equipment is not
maintained properly it can become a problem as it relates to noise. Furthermore, Mr. Van
Gemert expressed concern over the safety of the individuals operating the equipment and
the potential of them injuring themselves. He urged the Commission to consider all his
concerns before considering approval.
Bob Currie, 134 N.E. 1st Avenue, stated this is a creative way to get more
parking where it is needed and hopes the Commission will consider this proposal.
Gerald Franciosa, 939 Eve Street, pointed out that machines break down
and feels with it being so close to the ocean the salt water will rot the equipment. He
feels that there will be a noise problem from the equipment and urged the Commission to
really think this over carefully before considering approval.
Bruce Gimm¥, 439 East Atlantic Avenue, stated he is very much in
favor of this proposal and feels this is an ultimate solution for the parking problem.
There being no one else who wished to address the Commission, the
public hearing was closed.
Mayor Schmidt stated he would like to see some language added into the
conditions regarding noise, etc. through the conditional use process.
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02-06-01
Mr. Schwartz stated that the tandem parking is a residential situation
which appears to not be a problem for anyone just a particular household with one car
being parked in front of another. However, when referring to using these mechanical
devices, Mr. Schwartz stated that people who appear to be very knowledgeable about the
issue have reassured the Commission that there is not a noise problem. Mr. Schwartz
agrees with Mayor Schmidt that language be inserted into the ordinance as to assure us
that the noise will not irritate those people in the residential neighborhoods. In
conclusion, Mr. Schwartz feels this is a very practical and progressive approach to taking
care of the existing parking problem and he supports it wholeheartedly.
Mrs. Archer stated that although she feels it is appropriate for someone
from the Planning and Zoning Department to go and listen to the particular device, she
expressed concern that a device in an open area makes a lot less noise then a device that
is surrounded by walls. Furthermore, she stated that if such a device is installed between
buildings, it certainly could echo back and forth and wants to make sure that staff takes
this into consideration.
With regard to the tandem parking for multi-family, Mayor Schmidt stated
he concurs with the City Manager's recommendations. However, Mayor Schmidt stated
direction is needed as whether or not to delete or modify the proposed Section
4.4.13(G)(1)(e). Mayor Schmidt stated he would support deleting the amendment.
It was the majority consensus of the Commission to accept the City
Manager's recommendations as it relates to tandem parking without the amendment to
Section 4.4.13(G)(1)(e).
Mrs. Archer moved to deny Ordinance No. 7-01 on FIRST Reading as
presented this evening, seconded by Mr. Perlman. Upon roll call the Commission voted
as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz
- No; Ms. McCarthy - Yes. Said motion to deny passed with a 4 to 1 vote.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 10-01: An ordinance providing for a Charter revision
by amending Article III, "Legislative", Section 3.06, "Vacancies; Forfeiture of Office;
Filling of Vacancies", by repealing Subsections 3.06(C) and (D), and enacting new
Subsections 3.06(C)(1) and (C)(2) to provide for the filling of a vacancy in the Office of
Mayor, providing the length of the Mayor's successor's term and that of the
Commissioner serving in the successor's former seat, including the manner of selection;
and providing for a referendum to be held on March 13, 2001. If passed, a public hearing
will be scheduled for February 20, 2001.
The City Manager presented Ordinance No. 10-01:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
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02-06-01
PROVIDING FOR A CHARTER REVISION TO THE
CITY CHARTER OF THE CITY OF DELRAY BEACH,
FLORIDA, AND AMENDING ARTICLE lll,
"LEGISLATIVE", SECTION 3.06, "VACANCIES;
FORFEITURE OF OFFICE; FILLING OF VACANCIES";
BY REPEALING SUB SECTION 3.06(C) AND
SUBSECTION 3.06(D); BY ENACTING A NEW
SUBSECTION 3.06(C)(1) AND SUBSECTION
3.06(C)(2), TO PROVIDE FOR THE FILLING OF A
VACANCY IN THE OFFICE OF MAYOR, PROVIDING
THE LENGTH OF THE MAYOR'S SUCCESSOR'S
TERM AND THAT OF THE COMMISSIONER
SERVING IN THE SUCCESSOR'S FORMER SEAT
INCLUDING THE MANNER OF SELECTION;
PROVIDING FOR THE RELETTERINIG OF SECTION
3.06; PROVIDING FOR A REFERENDUM ON MARCH
13, 2001; PROVIDING A SAVINGS CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 10-01 is on file in the City Clerk's
Office.)
RESOLUTION NO. 9-01: A resolution calling for a special election on
a Charter change to be held on March 13, 2001, to provide for a
referendum on the Charter change presented in Ordinance No. 10-01.
The City Manager presented Resolution No. 9-01:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, CALLING FOR
A SPECIAL ELECTION ON A CHARTER CHANGE TO
BE HELD ON MARCH 13, 2001, TO PROVIDE FOR A
REFERENDUM ON THE CHARTER CHANGE
PRESENTED IN ORDINANCE NO. 10-01; PROVIDING
FOR THE TIME, MANNER AND MEANS OF
HOLDING SAID ELECTION, PROVIDING A SAVING
CLAUSE AND AN EFFECTIVE DATE.
(The official copy of Resolution No. 9-01 is on file in the City Clerk's
Office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
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02-06-01
Mayor Schmidt declared the public hearing open.
John Bennett~ 137 Seabreeze Avenue~ expressed concern over the sense
of urgency regarding the Charter revisions and feels the Commission should not rush this
through for approval without citizen input.
Henry Williams~ 310 N.W. 3ra Avenue~ expressed concern over the
proposed changes to the City's Charter and urged the Commission to let the citizens
review the amendments and allow them to give their input before this is considered for
approval.
Jean Beer~ 2145 S.W. 26th Terrace~ expressed concern over the Charter
revisions and suggested that the City form a Citizen Review Committee to review any
proposed changes to the Charter.
Jon Levinsom 943 Evergreen Drive~ expressed concern about the sense
of urgency regarding the Charter revisions.
Rosetta Rolle~ 301 N.W. 3ra Avenue~ echoed the comments and concerns
of the above mentioned citizens and urged the Commission not to rush into approving
any Charter revisions until citizens have had a chance to review and give their input.
There being no one else from the audience who wished to speak on this
item, the public hearing was closed.
Mr. Perlman moved to deny Ordinance No. 10-01 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 to deny passed with a 5 to 0 vote.
12.B.
12.C.
12.D.
THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
12.E. ORDINANCE NO. 14-01: An ordinance providing for a Charter revision
by amending Article III, "Legislative", Section 3.01, "Commission-City Manager Form
of Government; Term of Office; Number; Offices of Vice-Mayor and Deputy Vice-
Mayor; Succession to Office of Mayor", by amending Subsection 3.01(c) to clarify the
"one year" exclusion from serving after completion of a term; and providing for a
referendum to be held on March 13, 2001. If passed, a public hearing will be scheduled
for February 20, 2001.
The City Manager presented Ordinance No. 14-01:
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02-06-01
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
PROVIDING FOR A CHARTER REVISION TO THE
CITY CHARTER OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING ARTICLE III,
"LEGISLATIVE", SECTION 3.01, "COMMISSION-
CITY MANAGER FORM OF GOVERNMENT; TERM
OF OFFICE; NUMBER; OFFICES OF VICE-MAYOR
AND DEPUTY VICE-MAYOR; SUCCESSION TO
OFFICE OF MAYOR", BY AMENDING SUBSECTION
3.01 (c), TO CLARIFY THE "ONE YEAR" EXCLUSION
FROM SERVING AFTER COMPLETION OF A TERM;
PROVIDING FOR A REFERENDUM ON MARCH 13,
2001; PROVIDING A SAVINGS CLAUSE A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 14-01 is on file in the City Clerk's
Office.)
RESOLUTION NO. 13-01: A resolution calling for a special election on
a Charter change to be held on March 13, 2001, to provide for a
referendum on the Charter change presented in Ordinance No. 14-01.
The City Manager presented Resolution No. 13-01:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, CALLING
FOR A SPECIAL ELECTION ON A CHARTER
CHANGE TO BE HELD ON MARCH 13, 2001, TO
PROVIDE FOR A REFERENDUM ON A CHARTER
CHANGE PRESENTED IN ORDINANCE NO. 14-01;
PROVIDING FOR THE TIME, MANNER AND MEANS
OF HOLDING SAID ELECTION, PROVIDING A
SAVING CLAUSE AND AN EFFECTIVE DATE.
(The official copy of Resolution No. 13-01 is on file in the City Clerk's
Office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida. There being no one from the
audience who wished to speak on this item, the public hearing was closed.
Discussion by the Commission followed. After discussion, it was the
consensus of the Commission that the Commission approve a Constitutional Revision
Committee pursuant to Resolution to discuss term limits and Charter revisions.
- 23 -
02-06-01
Mr. Perlman moved to deny Ordinance No. 14-01 on FIRST Reading,
seconded by Mr. Schwartz. 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 to deny passed with a 5 to 0 vote.
12.F. ORDINANCE NO. 15-01: An ordinance designating the Water House
located at 916 and 918 N.E. 5th Street as a local historic site and adding it to the Local
Register of Historic Places. If passed, a public hearing will be scheduled for February 20,
2001.
The City Manager presented Ordinance No. 15-01:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
DESIGNATING THE WATER HOUSE LOCATED AT
916 AND 918 NORTHEAST 5th STREET, AS MORE
PARTICULARLY DESCRIBED HEREIN, AS A LOCAL
HISTORIC SITE TO BE LISTED IN THE LOCAL
REGISTER OF HISTORIC PLACES; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 15-01 is on file in the City Clerk's
Office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida. There being no one from the
audience who wished to speak on this item, the public hearing was closed.
Paul Dorling, Planning Director, stated the Water House was
constructed in the resort cottage style, which emerged in the City during the 1930's.
Water House provides cultural significance as it exemplifies the historical, political,
economic and social trends reflected in Delray Beach during the years of the Great
Depression when the more ostentatious building styles of the Florida Boom years were
considered inappropriate.
Pursuant to Section 4.5.1(C)(6), after conducting the public hearing, if the
Board finds that the nomination fulfills the proper designation criteria and all procedures
have been followed correctly, it shall vote on the designation. The City Commission
considers the recommendation through its standard ordinance adoption procedures.
Three affirmative votes of the City Commission is necessary to pass the designation
request except in the event that a directly affected property owner objects to the historic
designation, in which case a super majority vote of four votes is required.
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02-06-01
The Historic Preservation Board considered this item at a Public Hearing
on January 17, 2001. Several members of the public spoke in support and opposition and
a letter of opposition from the property owner to the south was presented the Board.
After discussion, the Board voted unanimously to recommend historic designation to the
City Commission.
Prior to Second Reading of Ordinance No. 15-01, Code Enforcement will
visit the site and report back to the Commission as to the status of any code violations.
Mr. Perlman moved to approve Ordinance No. 15-01 on FIRST Reading,
seconded by Mr. Schwartz. Upon roll call the Commission voted as follows: Mr.
Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor
Schmidt - Yes. Said motion passed with a 5 to 0 vote.
12.G. ORDINANCE NO. 16-01: An ordinance amending Chapter 33, "Police
and Fire Departments", Subheading "Pensions", of the City Code to provide for a change
in the investment parameters for common or capital stock in the Police and Fire Pension
Plan. If passed, a public hearing will be scheduled for March 6, 2001.
The City Manager presented Ordinance No. 16-01:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 33, "POLICE AND FIRE
DEPARTMENTS", SUBHEADING "PENSIONS", OF
THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING
SECTION 33.66, "FINANCES AND FUND
MANAGEMENT," SECTION 33.66(E)(2)(b) TO
PROVIDE FOR A CHANGE IN THE INVESTMENT
PARAMETERS FOR COMMON OR CAPITAL STOCK;
PROVIDING FOR REBALANC1NG; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 16-01 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida. There being no one from the
audience who wished to speak on this item, the public hearing was closed.
Commissioner Schwartz moved to approve Ordinance No. 16-01 on
FIRST Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as
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02-06-01
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
With regard to the wall at the Community Child Care Center, the Site Plan
Review and Appearance Board approved the site plan associated with the Morton
Downey Family Resource Center on September 27, 2000. The approved site plan
indicates that the wall will be stuccoed and painted yellow to match the building. The
wall extends along the west property line to the Lake Ida Road right-of-way. East of the
wall along Lake Ida Road, a 6-foot high, vinyl-coated chain link fence set back
approximately 5 feet from the right-of-way will be installed along with a ficus hedge
along the north side of the fence to provide screening from Lake Ida Road. In reviewing
this matter, the wall should have terminated five feet from the north property line to be
consistent with the fence setback. Staff is currently working with the project manager to
resolve this issue.
To follow-up on the inquiry regarding sidewalk deferral agreements, the
City Commission has not formally adopted a policy regarding sidewalk deferral
agreements. However, at the meeting of June 20, 2000, there seemed to be a consensus
to no longer accept sidewalk deferral agreements. Although the Commission was no
longer accepting these agreements, the agreement for Church of God by Faith was
approved because it was so far along in the process and had received site plan approval
prior to the City Commission directive. The Engineering Department is conducting a
comprehensive overview of existing sidewalks, sidewalk deferrals and sidewalk waivers.
Once this information is compiled, it will be presented to the Commission for discussion
and direction.
At the January 16th meeting, Mr. Sherrial Clark expressed concern
regarding the need for utility upgrades in his neighborhood because of chronic low-
pressure problems. He resides on S.W. 13th Avenue. A review of the City utility atlas in
this area shows that it is serviced by a network of old 2-inch water mains. Low-pressure
problems are common and those portions of the water system not yet upgraded to
adequate distribution main sizes. A water main upgrade is scheduled for S.W. 14th
Avenue later this year as part of the 2000 Roadway Bond program. $1.9 million of water
main upgrades for the remainder of the southwest neighborhood are currently
programmed over a two-year period between 2003 and 2005, including an upgrade of the
2-inch line on S.W. 13th Avenue. Projects are generally organized to start in the easterly
section of the area and proceed westerly to 1-95. Any necessary sanitary sewer
rehabilitation will occur in conjunction with those projects. We have an aggressive
annual program for water main upgrades which follows recommendations from the
consultant's study completed in 1998. The magnitude of the required upgrades, over $16
million worth, will take a period of years to accomplish. Further complicating program
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02-06-01
administration is the fact that it has been historically driven by other project priorities
usually related to roadway or drainage needs. Project priorities are reviewed on an
annual basis, as the 5-Year Capital Plan is prepared. Any opportunity to advance the
scheduled upgrades in the previously described area will be considered at that time.
Mr. Clark also indicated that there are a great many vacant lots in his
neighborhood and asked about the possibility of converting one or more of these into a
playground. Staff will check with the Planning Department to see if the City owns any of
the vacant parcels in the area and will assess to determine if appropriate for a playground
area. This is also something we'll be looking at as part of our overall Master Plan work
this year.
In response to Mr. Clark's comments, a trash receptacle was placed at the
bus stop at the corner of SW 12th Avenue and 2nd Street to alleviate some of the litter
being discarded on the ground. We will monitor the usage of the container to determine
the effectiveness of this measure. Mr. Clark said that he would mention the trash
receptacle in an association newsletter to encourage its use. A meeting was held with Mr.
Clark on February lSt; his concerns were identified as rental, not homestead properties in
the 100 and 300 blocks of SW 12th Avenue and the 200 block of SW 14th Avenue.
During the next 45 to 60 days, staff will prepare a brochure outlining basic city ordinance
property standards, principally related to sanitation, junked vehicles and aesthetics and
distribute the brochures to appropriate property owners. We also explained to Mr. Clark
that Strategic Task Team project planning would commence in the areas he is concerned
about later in the year.
11.B. From the Public
ll.B.1. Alice Finst~ 707 Place Tavant~ confirmed the City Manager's comments
that the lane striping on Lake Ida Road at Congress Avenue had not yet been done.
Mrs. Finst then stated that she had an experience this past weekend with a
neighbor whose house had been broken into, and she stayed with the neighbor while
waiting for the Police to arrive on the scene. Mrs. Finst complained that three calls were
made to the Police Department and an officer did not arrive until one hour and 45
minutes after the first call was placed. With Police response time being this deficient, she
questioned if twenty (20) additional Police officers would be adequate to correct this
problem. Mrs. Finst suggested the possibility of looking to add an additional 20 officers
(40 total) at budget time just to get the City up to where there is a greater comfort level.
Mrs. Finst then expressed very positive comments about Officer Berger,
the officer who did eventually respond to the call. He was very calm and reassuring, did
a thorough investigation, and offered suggestions to the homeowner on security issues.
Mrs. Finst complimented Officer Berger on his handling of the situation.
Mrs. Finst then commended the Site Plan Review and Appearance Board
on a recent action the board took with respect to a sign application for Cheeseburger
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02-06-01
Cheeseburger at the southwest corner of Atlantic Avenue and southbound Federal
Highway. The board rejected the signage that was being proposed as totally
inappropriate for the location and sent the message that this kind of signage would not be
acceptable anytime in the near future on Atlantic Avenue. Mrs. Finst further commented
that SPRAB also approved another property on West Atlantic Avenue with courtyard
parking so that the facade of the building, and not the parking area, would be visible from
Atlantic Avenue. She commended the board members on this action as well. Mrs. Finst
felt that this was a very positive thing and complimented the City Commission on their
appointments to the Site Plan Review and Appearance Board.
ll.B.2. Clay Widemam 400 West Atlantic Avenue~ expressed his appreciation
to the City and to the Community Redevelopment Agency for the recent purchase of the
Backroom property. He felt that this was a very worthwhile effort that has had a positive
impact on the area in general. Mr. Wideman thanked everyone for taking this step in the
right direction.
ll.B.3. Bruce Gimm¥~ 439 East Atlantic Avenue~ expressed his appreciation to
Mayor Schmidt for taking the time and making the effort on behalf of the downtown
merchants and the concerns about the placement of booths during the Delray Affair. It
was his understanding, however, that the Chamber Board decided there was nothing that
could be done this year, but the good news was that they decided to study the matter and
hopefully offer some help in the future. Mr. Gimmy stated that he would appreciate
anything that could be done for this year to help the 100, 200 and 400 block merchants.
He felt that if a private entrepreneur ran a show for ten years where merchants were being
hurt, the Commission would make them change their behavior. The Chamber of
Commerce does many good things; however, there are times when they need to be given
some direction to help the merchants who are impacted by their decisions. Mr. Gimmy
stated that it is imperative for the merchants to have every opportunity for exposure and
to make money. Unfortunately, they don't get exposure and they don't make money
when the businesses are at the back of the booths.
ll.B.4. Gerald Franciosa~ 939 Eve Street~ on behalf of the Tropic Isle Civic
Association, stated that he had received a call that afternoon from a Tropic Isle resident
that someone was walking around the neighborhood "that didn't belong there", and a call
was made to the Police Department to report someone suspicious in the neighborhood. It
was Mr. Franciosa's understanding that dispatch was not very helpful and he did not
know if anyone responded to the call. It was sometime this afternoon (February 6th)
between 3:00 and 4:00 p.m., and he asked if a check could be made to see what the
response was.
Mr. Franciosa then commented on what he perceives as a problem with
the City's permit process. He presented the following scenario: someone hires a
contractor to do renovations, the contractor gets the permit or permits for whatever work
is being done and does the renovations, but in many cases the contractor bypasses the
inspection process. When the job is completed, the contractor tells the homeowner that
everything is done and taken care of. Mr. Franciosa stated that it was his understanding
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02-06-01
that permits are issued with a time limit on them in which to do the job. What is
happening is that people are getting letters ten months to a year later that certain
inspections were not done, and that there are fines involved. Often the contractors do not
respond, so it becomes the responsibility of the homeowner. The homeowner then has to
pay the fines, go through a lot of paperwork to make himself the contractor, and then pay
more money to get another permit to do the work again even though it is already done.
Mr. Franciosa suggested that the Building Department notify the homeowner before the
permit expires to advise if the job is deficient in any way as to required inspections. The
homeowner can then get in touch with the contractor to settle the matter instead of
waiting until after the permit expires.
ll.B.5. Henry Williams~ 310 N.W. 3ra Avenue~ objected to the water restrictions
being imposed on the public because of mistakes made by governing bodies. He
contended that the South Florida Water Management District caused the water shortage
in the first place when they dropped the water table in Lake Okeechobee, but now it is the
taxpayers that are suffering. He felt that this should make everyone aware of how the
people trust and depend on the so-called leaders and what happens when these leaders
don't listen to the people. Mr. Williams also urged the Commission to stop all of the new
construction from digging ponds when they build their buildings. Every time a hole is
dug in the ground, the water table drops to the lowest point within a half a mile to a mile
of the area where the hole was dug.
ll.B.6. Richard Van Gemert~ 912 Eve Street~ speaking on behalf of the Tropic
Isle Civic Association, again asked if it was the City Manager's intent to use Coastal
Planning and Engineering as the source for the final survey that the City has to perform
on the Tropic Isle canal dredging project? If that is the intent, Mr. Van Gemert reiterated
his request to have the City meet with representatives from Tropic Isle in order to select
some other firm that would be more suitable and more agreeable to all parties.
ll.B.7. John Bennett~ 137 Seabreeze Avenue~ President of Progressive
Residents of Delray (PR.O.D.), on behalf of the organization, stated that PR.O.D. was
very encouraged to see things like community unity and public participation when the
City Commission adopted it's goals and objectives. He expressed concern that there does
not appear to be much follow-through on that goal when substantive changes to the City
Charter are being proposed out of the blue and at the last possible minutes. Mr. Bennett
noted that the Commission had fixed it to some degree by pulling three of the Charter
changes off of the agenda, but was nonetheless concerned about the attitude involved
with these proposals. There is supposed to be citizen involvement, and PR.O.D. would
like to see that any changes to the Charter go through a citizen review process.
Mr. Bennett, on his own behalf, thanked the City Manager for his response
on the sidewalk deferral issue. However, he had also asked another series of questions at
the last meeting about the exploration and salvage agreement that the previous City
Commission authorized and entered into on March 23, 2000. Mr. Bennett again asked
what City properties were involved, who was the person the City contracted with, what
was he looking for, did he find anything, did the City get anything, did anyone monitor
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02-06-01
him to see if he got anything and didn't tell the City that he got something, and who, if
anyone, in the City authorized him to test bore on City property prior to the agreement?
ll.B.8. Carolyn Zimmermam 212 S.W. 2I'a Avenue~ on behalf of the Presidents'
Council, expressed concern about the proposed changes to the City Charter. She did not
feel that this should be done by anyone except the residents of the City as was done in the
past with a Charter Revision Committee.
Ms. Zimmerman then inquired if the City was recognizing and complying
with the water shortage restrictions? She stated that she had received a number of phone
calls inquiring about this, and how the City has such green grass (Veterans Park was cited
as an example) while most everyone else has brown lawns. Ms. Zimmerman suggested
that the City do a better job of monitoring its water usage and adhering to the water
restriction schedule.
ll.B.9. Jean Beer~ 2145 S.W. 26th Terrace~ reiterated the comments made by
Mr. Bennett and Ms. Zimmerman with respect to the proposed Charter changes. Further,
that if a committee were to be appointed, she hoped that it would be representative of the
entire community. It was her understanding that the prior Charter Revision Committee
had recommended that the Charter be reviewed every ten years, and she felt it should be
mandatory that if any Charter changes are proposed they should first have to be
considered by a citizen review committee.
Mrs. Beer continued that she was delighted to take the trip around town
with the MacArthur group. It reinforced her feelings that good streets help to make better
neighborhoods, and that the City needs to spend more money and more effort in the
neighborhoods. She further stated that the Community Redevelopment Agency has been
in existence now for over 15 years, and it is past the point where Atlantic Avenue should
be done and done right. She acknowledged that the CRA bonds go out to 2019, but a
sunset date for the CRA should be fixed along with a plan for closing it down. Mrs. Beer
stated that the public hears more and more that the City does not have money for basic
services, but there always seems to be money for the "goodies". The focus needs to be
on retaining and keeping a full complement of Police officers. This is basic to the City.
The Police situation is the most important thing on the agenda today, and all of the
citizens are aware of it.
ll.B.10. Jon Levinsom 943 Evergreen Drive~ stated that he was a member of the
1991 Charter Revision Committee, and that a tremendous amount of discussion and input
from the community went into that process. Also, he was not entirely sure that the
proposed Charter changes that have been described as "technical" corrections are simply
that. There may have been good reason for them and to change them now, arbitrarily,
without going back to the original intent and without getting citizen input, would not be
appropriate. Mr. Levinson felt it would be inappropriate for the Commission tonight to
consider even the two Charter changes. All of the proposed changes are something that
needs community input, long discussion, adequate advertising, and a community
education effort. Further the short time frame between now and the March 13th election
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makes it almost impossible to adequately inform the electorate of what it is they are being
asked to vote on. Mr. Levinson asked that the Commission not consider any of the
proposed Charter changes as he felt it should be done in full view of the community,
starting with a Charter Revision Committee.
At this point, the time being 8:30 p.m., the Commission returned to Item
9.E. of the regular agenda.
9.E. SPECIAL EVENT REQUEST/ST. PATRICK'S DAY PARADE:
Consider a request for special event approval to allow the 33rd Annual St. Patrick's Day
Parade to be held on Saturday, March 17, 2001, including temporary use permits for
street closures, staff support for traffic control and security, barricading, trash removal
and assistance in obtaining the FDOT permit.
(Mayor Schmidt passed the gavel to Vice-Mayor Archer and left the room
for this item.)
Robert A. Barcinski, Assistant City Manager, presented an overview of
the request. The parade is scheduled to be held on Saturday, March 17th, beginning at
2:00 p.m. running along Atlantic Avenue from Venetian Drive west to the County
Courthouse. The estimated overtime for this event is $5,100. Mr. Barcinski referred to
the memorandum included in the backup that was submitted by Lieutenant Williams of
the Police Department for last year's parade outlining recommended conditions of
approval. He noted that the event sponsor, Edward Gallagher on behalf of St. Patrick's
Day Events, Inc., had agreed to abide by these conditions again this year. The staff
recommendation is for approval, provided all overtime costs are paid by the sponsor, all
conditions contained in Lt. Williams' January 20, 2000 memorandum are met, and that
the event sponsor provide the City with the required general liability insurance and hold
harmless agreement.
Mr. Perlman moved to approve the special event request for the St.
Patrick's Day Parade as recommended by staff. Ms. McCarthy seconded the motion.
Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz -
Yes; Ms. McCarthy - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote.
(Mayor Schmidt returned to the dais at this time.)
0.F.
REQUEST FOR FUNDING/THE DELRAY BEACH CHORALE:
Consider a request from the Delray Beach Chorale for financial support to assist with the
group's trip to Eisenstadt, Austria, in August 2001.
Robert A. Barcinski, Assistant City Manager, stated that the request for
funding support had been received from Mr. Hugh Strachan, President of the Delray
Beach Chorale. The cost for the whole trip is estimated to be about $80,000. The
members will pay for half the cost ($40,000), but are seeking community and foundation
assistance to subsidize the additional $40,000 cost. Mr. Barcinski noted that Mr.
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Strachan has indicated that County Commissioner McCarty has committed to a $4,000
contribution for this project. There was no specific amount of money requested, although
Mr. Barcinski advised that there be about $2,500 available in General Fund grant budget
contingency. Mr. Barcinski recommended consideration of a donation to the Delray
Beach Chorale in the amount of $1,500.
On question from Commissioner Perlman, Mr. Strachan stated that
financial assistance has been requested from the cities of Boynton Beach and Boca Raton.
These requests are in process and he felt that the outlook was promising. At this point the
Delray Beach Chorale has put together about $15,000 toward the goal of $40,000.
Commissioner Schwartz stated that the Delray Beach Chorale is a
wonderful organization, but felt that these kinds of funds should be raised from private
sources and not from taxpayer dollars.
Mayor Schmidt commented that he felt for a lot of the organizations that
the City supports, there is a tremendous impact in Delray Beach for very little money.
There is no way that the City could duplicate that or replace it.
Commissioner Archer moved to approve funding support in the amount of
$1,000.00 for the Delray Beach Chorale. The motion died for lack of a second.
Commissioner McCarthy moved to approve funding support in the amount
of $1,500.00 for the Delray Beach Chorale. Commissioner Archer seconded the motion
for discussion.
Commissioner Archer thinks that support of a community effort in regard
to representing the City in other areas and it was the scope of the organization involving
all age groups and ethnicities, and the representation of the South Florida area is an
important aspect of our community contribution, and I would like to see us support this
event, albeit in a minor way. I don't know that we would want to do this on a regular
basis, but I think it is an important aspect of our community participation.
Commissioner McCarthy commented that in the Commission's
conversations over this past year when we have been addressing special activities and
where we are attributing funds and things of that nature, that there is a consensus up here
that if somebody was doing something that we agreed with, we concurred that for the first
year we were going to try to assist people for doing things of good will. It is not a long-
term commitment. After the first year we expect more of the various organizations to
become more self-sufficient as that is the ultimate goal. But ! think this is powerful; we
are a city that embraces having sister cities long term and this could be a foothold into
something of that nature in the long run.
Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr.
Schwartz - No; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - No. Said
motion passed with a 3 to 2 vote.
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02-06-01
9.G. BID AWARD/LANDSCAPE MAINTENANCE FOR ATLANTIC
AVENUE GREENWAY PLAN: Consider approval of a bid award in the estimated
amount of $14,793.00 to First Genesis Lawn Service as the lowest responsive,
responsible bidder (second low bid) for the annual landscape maintenance contract for the
Atlantic Avenue Greenway Plan (vacant lots), with funding from 119-4144-572-46.40
(Beautification - Maintenance).
(Mr. Perlman left the room at this time.)
Joe Weldon, Director of Parks and Recreation, explained that the
recommendation was to award the contract to the second low bidder, First Genesis Lawn
Service, as the apparent low bidder, Tropical Lawn & Landscaping, had done work for
the City in the past and did not perform up to standard. A prior contract was not
renewed. All references were satisfactory on First Genesis Lawn Service and it was
verified that the company has the proper equipment and manpower to perform the work.
Commissioner Schwartz moved to approve the bid award for the annual
landscape maintenance contract for the Atlantic Avenue Greenway Plan to First Genesis
Lawn Service as the lowest responsive, responsible bidder. Commissioner McCarthy
seconded the motion. Upon roll call the Commission voted as follows: Mr. Schwartz -
Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mrs. Archer - Yes. Said motion
passed with a 4 to 0 vote.
(Mr. Perlman returned to the dais at this time.)
9oHo
AIRCRAFT NOISE.
Commissioner Schwartz stated that Mayor Schmidt and he had visited the
Regional FAA Officer in West Palm Beach at the PBIA Control Tower who was
extremely educational and very informative. As a result, he learned that the City needs to
go further with the Part 150, which the Mayor has agreed to attempt to accomplish. But
it occurred to me after ! saw what Deerfield Beach did, went to Washington to the FAA.
Feels Highland Beach as well as Deerfield Beach are upset and annoyed about the
situation and felt it would be worthwhile to articulate a meeting with Deerfield and
Highland and have a three-way thrust with Washington, D.C. as well as Part 150, to do
something about the situation. We are getting more traffic and we're getting lower
altitudes. Since the advent of the new control tower at Boca Airport, up until that time
the pilots had a definite traffic pattern of flying other than over the municipalities of
Deerfield, Highland Beach and Delray Beach, but they are now spraying their traffic over
those areas and we are getting the noise and the pollution. Mr. Schwartz's friend, a pilot
who flies out of Boca Raton Airport, made an offer to take the Mayor and at least two
other Commissioners up to show them exactly what happens with the Control Tower and
how they direct us and what happens when they are undirected and directed. So there are
two things that we need to do. One, ! think we should take him up on that flight, and (2)
more importantly, ! think we need to get in touch, Mayor to Mayor, with those other two
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02-06-01
cities and really get on a plan and keep the residents of our city happy so that we can
prevail with the proper type of peace and quiet that the residents of our city deserve and
should enjoy.
As a point of information, Mayor Schmidt commented that when we
visited the PBIA tower, they felt we would get more accomplished dealing at the local
level than at the federal level, and I've directed Delores, our secretary, to set up a meeting
with the Airport Manager, the Tower Manager at Boca and invite the Mayors of Highland
Beach and Deerfield Beach to come to the meeting, although it has not been set up yet. It
is in the works, although we don't have a firm date yet.
9.I.
POLICE OFFICER RECRUITMENT AND RETENTION.
Richard Overman, Police Chief, gave an initial presentation reviewing the
Long-Range Strategic Plan goals and objectives for the Delray Beach Police Department.
Chief Overman stated that the Police Department has not lowered their standards and
explained that in the last three years he has hired 27 people out of 900 candidates. He
stated he would like the Commission to realize that Delray Beach is not the only City that
is experiencing problems with filling vacancies in the Police Department. For example,
Chief Overman met with Chief Scott of the Boca Raton Police Department and he stated
that he currently needs 17 officers to fill his vacancies in Boca Raton. In addition, Chief
Overman stated that he spoke with the Chief of Police for the City of Boynton Beach and
he stated he has 9 or 10 openings and expects to have 17 openings within the next few
months.
Chief Overman stated that for the record the Police Department ran times
for all the priority one calls. Emergency calls are being answered from the time the call
comes in until an officer is on the seen which is on average six minutes and two seconds.
The average response time for a priority two call is ten minutes and eight seconds from
start to finish. Chief Overman noted that neither a priority one call nor a priority two call
is placed on hold. He stated that a priority three call is a call that is over with where there
is no one on the scene and there is no sign of any danger.
Chief Overman stated that he is understaffed by about 17-20 police
officers. In 1997 and 1998 approximately 17 police officers left the Delray Beach Police
Department. Chief Overman stated that approximately ten of those 17 officers left the
police force to pursue careers with the Palm Beach County Sheriff's Office because of
persuasive incentive packages.
Chief Overman stated that the majority of Police officers are overtired
from working so much overtime. He has police officers that have worked over 1200
hours last year between their off-duty work and their overtime. The average person
works an average of over 2080 hours which is considered regular duty. Chief Overman
explained a lot of the officers are extremely tired because of the amount of hours that
they are working. Chief Overman suggested that this might be rubbing off perhaps in
attitude or in quality. Chief Overman feels that if anything is suffering it is community
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02-06-01
policing. He stated community policing is what has made the Police Department and
explained that community policing is about taking time to delivery quality service. Chief
Overman explained that 60-70% of the police officers are college educated. He stated
this is a complex business and in order to retain good college educated people at this level
he is strongly opposed to lowering the standards or educational requirements for police
officers.
Chief Overman assured the Commission that the public is not in danger.
He stated this is an issue on the list of every single Police Chief in this country and that is
how are we going to get good strong candidates with a good background. He stated this
is a major challenge for the Commission and reiterated that the most compelling reason
for the Commission to seriously consider this in the current year is the fact that the City
of Delray Police Department must be competitive with other neighboring agencies.
Major Schroeder, explained a group of about 30 officers from all aspects
of the department (some being civilian staff), joined together in a three month strategic
planning process. Out of that process, there were two goals specifically related to this
issue. These goals and their objectives are as follows:
Goal #1 - RECRUITMENT
To attract qualified, culturally diverse applicants reflective of and responsive to the
population we serve.
Obiectives for FY 2000/2001:
#1. To determine the current demographic composite of our Metropolitan Statistical
Area (MSA).
#2. To develop an incentive program designed to reward employees who recruit
applicants that successfully complete the field-training program.
#3. To conduct analysis of current hiring requirements to ensure requirements meet
our needs for a superior workforce.
#4. To develop a recruitment plan.
Goal #2 - RETENTION
To maintain a retention rate that is better than our competitors.
Obiectives for FY 2000/2001:
#1. To conduct one-on-one interviews with all sworn employees to identify both
positive and negative work environmental factors that impact the day to day work
environment.
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02-06-01
#2. To create a committee to study and recommend solutions for problems identified
through the interview processes.
#3. To study the feasibility of creating a "retention manager" role within the
department.
#4. To study retention across our Metropolitan Statistical Area (MSA) to determine if
our retention is out of line with other agencies.
#5. To develop a mentor program for new police hires utilizing command staff
personnel as mentors to the new officers.
0.J.
APPOINTMENTS TO THE TENNIS FACILITIES TASK TEAM:
Appoint ten (10) members to the Tennis Facilities Task Team. The appointments will be
made on the rotation basis, beginning with Commissioner Perlman (Seat #1) through
Commissioner Archer (Seat #2), Commissioner Schwartz (Seat #3), Commissioner
McCarthy (Seat #4) and Mayor Schmidt (Seat #5).
Mr. Perlman moved to appoint Kenneth Rubin to the Tennis Facilities
Task Team, seconded by Ms. McCarthy. Upon roll 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.
Mrs. Archer moved to appoint Kathi Sumrall to the Tennis Facilities Task
Team, seconded by Mrs. McCarthy. Upon roll call the Commission voted as follows:
Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms.
McCarthy - Yes. Said motion passed with a 5 to 0 vote.
Mr. Schwartz moved to appoint John Bennett to the Tennis Facilities Task
Team, seconded by Mrs. McCarthy. Upon roll call the Commission voted as follows:
Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes;
Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote.
Mrs. McCarthy moved to appoint Willie Potts to the Tennis Facilities Task
Team, 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.
Mayor Schmidt stated he wished to appoint Kenneth Ellingsworth to the
Tennis Facilities Task Team. Mr. Schwartz so moved, seconded by Mrs. 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.
Mr. Perlman moved to appoint Jay Hasner to the Tennis Facilities Task
Team, seconded by Mrs. McCarthy. Upon roll call the Commission voted as follows:
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Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr.
Schwartz - Yes. Said motion passed with a 5 to 0 vote.
Mrs. Archer moved to appoint Wendy Overton to the Tennis Facilities
Task Team, seconded by Mrs. McCarthy. Upon roll call the Commission voted as
follows: Mayor Schmidt - Yes; Mr. Perlman - No; Mrs. Archer - Yes; Mr. Schwartz -
Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
Mr. Schwartz moved to appoint Lawrence Sagel to the Tennis Facilities
Task Team, seconded by Mrs. McCarthy. Upon roll call the Commission voted as
follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy -
Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote.
Mrs. McCarthy moved to appoint Josh Smith, Jr. to the Tennis Facilities
Task Team, 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.
Mayor Schmidt stated he wished to appoint Ed Foster to the Tennis
Facilities Task Team. Mr. Schwartz so moved, seconded by Mrs. Archer. 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.K. APPOINTMENT TO THE EDUCATION BOARD: Appoint a
member to the Education Board to fill an unexpired term ending July 31, 2002. The
appointment will be made by Commissioner Archer (Seat #2).
Mrs. Archer moved to appoint Nancy E. Brito as a member to the
Education Board to fill an unexpired term ending July 31, 2002, seconded by Mr.
Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor
Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer; Mr. Schwartz - Yes. Said motion
passed with a 5 to 0 vote.
9.L. APPOINTMENT TO THE GENERAL EMPLOYEES PENSION
BOARD: Appoint a member to fill a vacated position on the General Employees
Pension Board. The appointment will be made by Commissioner Schwartz (Seat #3).
Mr. Schwartz moved to appoint Stephen R. Swank to fill a vacated
position on the General Employees Pension Board, 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.
9.M. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD:
Consider approval of the Code Enforcement Board's recommendation to move a regular
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member to an alternate member position, and appoint two regular members to the Code
Enforcement Board to fill unexpired terms ending January 14, 2003, and January 14,
2002, respectively. The appointments will be made by Commissioner McCarthy (Seat
#4) and Mayor $chmidt (Seat #5).
Ms. McCarthy moved to appoint moving Martin Bellsey as a regular
member to an alternate position to the Code Enforcement Board to fill an unexpired term
ending January 14, 2002, seconded by Mrs. Archer. Upon roll call the Commission voted
as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy
- Yes; Mayor $chmidt - Yes. Said motion passed with a 5 to 0 vote.
Ms. McCarthy moved to appoint Anthony Veltri as a regular member to
the Code Enforcement Board to fill an unexpired term ending January 14, 2003, 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.
Mayor Schmidt stated he wished to appoint Jean Heinly-Bainer as a
regular member to the Code Enforcement Board to fill an unexpired term ending January
14, 2002. Ms. McCarthy so moved, seconded by Mr. Perlman. Upon roll call the
Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor
$chmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0
vote.
9.N.
FINAL PLAT APPROVAL/DEL RATON PARK REPLAT NO. 1:
Consider approval of the final subdivision plat for Del Raton Park Replat No. 1, a
proposed two lot mixed use subdivision that will be developed as Waterway Village,
located at the southwest corner of South Federal Highway and Lindell Boulevard.
Mr. Schwartz moved to approve the final subdivision plat for Del Raton
Park Replat No. 1, 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.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager.
The City Manager advised Commissioner Archer that the League of Cities
Board appointed her as the regular member to IPARC. Commissioner Archer had
previously served as an alternate member.
The City Manager reported that the Palm Beach County League Board of
Directors would be holding a Strategic Planning workshop retreat on Thursday, February
15, 2001, from 8:30 a.m. until 2:00 p.m. at the Atlantis country club, City of Atlantis.
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13.B. City Attorney.
The City Attorney had no comments or inquiries.
13.C.
City Commission.
13.C.1. Commissioner Archer stated for the record that it is a privilege to have
the opportunity to represent the City of Delray Beach in its second Sister City partnership
with Moshi, Tanzania.
13.C.2. Commissioner Perlman commented that he attended the Education
Board meeting on February 5th, and was pleased to report that J.C. Mitchell Elementary
School had given $2,000 of it's money to Pine Grove Elementary School.
13.C.3. Commissioner McCarthy advised that in mid-February 2001, the
Southeast Region Youth Tennis organization would be having a tournament in Delray
Beach at the Tennis Center. She felt this would be a great opportunity to showcase some
of the talent from throughout the southeast, with some of the top-seeded young players
being from Delray Beach
13.C.4.
Commissioner Schwartz had no comments or inquiries.
13.C.5. Mayor Schmidt reminded everyone that there would be no meeting next
Tuesday, February 13th, and that the workshop had been rescheduled to Tuesday,
February 27, 2001.
There being no further business, Mayor Schmidt declared the meeting
adjourned at 10:15 p.m.
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 Regular City Commission Meeting held
on February 6, 2001, which minutes were formally approved and adopted by the City
Commission on
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02-06-01
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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02-06-01
,--- 13.B. City Attorney.
The City Attorney had no comments or inquiries.
13.C.
City Commission.
13.C.1. Commissioner Archer stated for the record that it is a privilege to have
the opportunity to represent the City of Delray Beach in its second Sister City partnership
with Moshi, Tanz~a.
13.C.2. Commissioner Perlman commented that he attended the Education
Board meeting on February 5TM, and was pleased to report that JoC. Mitchell Elementary
School had given $2,000 of it's money to Pine Grove Elementary School.
13.C.3. Commissioner McCarthy advised that in mid-February 2001, the
Southeast Region Youth Tennis organization would be having a tournament in Delray
Beach at the Tennis Center. She felt this would be a great opportunity to showcase some
of the talent from throughout the southeast, with some of the top-seeded young players
being from Delray Beach
13.C.4.
Commissioner Schwartz had no comments or inquiries.
13.C.5. Mayor Schmidt reminded everyone that there would be no meeting next
Tuesday, February 13m, and that the workshop had been rescheduled to Tuesday,
February 27, 2001.
There being no further business, Mayor Schmidt declared the meeting
adjoumed at 10:15 p.m.
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the minutes of the Regular City Commission Meeting held
on February 6, 2001, which minutes were formally approved and adopted by the City
Commission on
- 39 -
02-06-01
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.
- 40 -
02-06-01