02-20-01FEBRUARY 20~ 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 20, 2001.
1. Roll call showed:
o
prayer.
o
o
Present -
Commissioner McCarthy
Commissioner Jeff Perlman
Commissioner Bill Schwartz
Mayor David W. Schmidt
Absent - Commissioner Patricia Archer
Also present were - City Manager David T. Harden and
City Attorney Susan A. Ruby
Father Donald Munroe with St. Vincent Ferrer Church delivered the opening
The Pledge of Allegiance to the flag of the United States of America was given.
Agenda Approval.
Mayor Schmidt noted the addition of Item 9.K., Appointment to the Tennis
Facilities Task Team and Item 9.L., Settlement Offer/Sullivan vs. City to the Regular
Agenda by addendum. In addition, Mayor Schmidt moved Item 9.J., Award of Bid to C.K.
Lockshop {Second Low Bidder) of the Regular Agenda to Item 9.A.A.
Mr. Perlman moved to approve the agenda as amended, seconded by Mr.
Schwartz. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mr. Schwartz -
Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote.
Approval of Minutes:
None.
6. Proclamations:
6.A. Calling for a Special Election to be held on March 13~ 2001~ on the Library
referendum question.
Mayor Schmidt presented a proclamation regarding the Special Election on
Tuesday, March 13, 2001, between the hours of 7:00 a.m. and 7:00 p.m. He stated that the issue
02/20/01
on the ballot is the Library referendum and encouraged everyone to take the time and vote.
At this point, Mayor Schmidt congratulated Commissioner Perlman who was re-
elected without opposition. The City's newest Commissioner will be Jon Levinson who will be
taking over for Commissioner Schwartz when his term expires.
7. Presentations:
7.A. RESOLUTION NO. 18-01: A resolution recognizing and commending Robert
Phillips for thirty years of dedicated service to the City of Delray Beach.
The caption of Resolution No. 18-01 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, RECOGNIZING AND
COMMENDING ROBERT PHILLIPS FOR THIRTY YEARS
OF DEDICATED YEARS OF DEDICATED SERVICE TO THE
CITY OF DELRAY BEACH.
(The official copy of Resolution No. 18-01 is on file in the City Clerk's office.)
Mayor Schmidt read and presented Resolution No. 18-01. He also presented a
plaque to Robert Phillips for thirty years of dedicated service to the City of Delray Beach.
7.B. Special Merit Award to Robert Bullard, Utility Maintenance Manager, for his
suggestion regarding elimination of odors from Lift Stations and removal of the existing wet
scrubber from service, thereby reducing annual maintenance cost of $10,740 for equipment no
longer needed.
Dick Hasko, Director of Environmental Services, recognized and commended
Robert Bullard, Utility Maintenance Manager, for his suggestion regarding elimination of odors
from Lift Stations and removal of the existing wet scrubber from service, thereby, reducing
annual maintenance cost of $10,740 for equipment no longer needed.
On behalf of the City, Mayor Schmidt presented Robert Bullard with a check in
the amount of $2,148.00, representing 20% of the annual maintenance cost for the wet scrubber.
7oCo
All-America City Steering Committee
Jay Alperin, former Mayor, stated that he and Chuck Ridley, Executive Director
of MAD DADS, were asked to co-chair a steering committee for the All-America City
Competition and noted the steering committee consists of 17 members.
Mr. Alperin explained that the All-America City Award means we live in a
community that is willing to identify its shortcomings and its problems and find creative
solutions for them. Mr. Alperin stated the various projects are driven by need not by a need for
-2-
02/20/01
reward. However, he feels what better way to reward the extra effort put forth by so many
dedicated people then to submit their accomplishments in a nationwide competition for further
validation and endorsement. Mr. Alperin feels that winning the award in 1993 did more for our
City then anyone could imagine. He presented the Commission with details of the application
and asked for support from the Commission and the citizens of Delray Beach.
7.D. Delray Beach Housing Authority - Award of Appreciation for City Support
at Carver Estates
Mayor Schmidt noted that on February 16, 2001 the Delray Beach Housing
Authority gave the City an award in appreciation for the City's support of the improvement
efforts at Carver Estates. The City Manager stated that at the ribbon cutting ceremony of
February 16th, a number of City employees were recognized. The City Manager commended
Nancy Davila, City Horticulturist, who did the design work, and also recognized the Police
officers assigned there, as well as some employees of the Delray Beach Housing Authority.
8.A.
CONSENT AGENDA: City Manager Recommends Approval.
APPROVAL OF POLL WORKERS FOR MUNICIPAL SPECIAL
ELECTION: Approval of the poll workers for the municipal special election on March 13,
2001.
8.B. KLASFELD v. CITY OF DELRAY BEACH: Accept the actual cost of
nuisance abatement liens in the amount of $464.00 for CRA acquired property located along
West Atlantic Avenue.
8.C. ACCEPTANCE OF A RIGHT-OF-WAY DEED FOR ROYAL PALM
DRIVE: Approve and accept a right-of-way deed for Royal Palm Drive associated with
Amelung Manufacturing, Inc.
8.D. RATIFICATION OF OLD SCHOOL SQUARE BOARD OF DIRECTORS:
Ratify the list of appointees to the Old School Square Board of Directors as of January 16, 2001.
8.E. TEMPORARY USE PERMIT/SOUTH FLORIDA PARENTING: Approve a
temporary use permit for the closure of a portion of NE 1 sst Avenue between the CRA parking
lot entrances for a Family Block Party at Old School Square presented by South Florida
Parenting on March 24th and 25th between 10:00 a.m. and 5:00 p.m.
8.F.
THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
CANCELLATION OF BID AWARD AND APPROVAL OF CONTRACT/
LUIS CINTRON'S LAWN SERVICE INC.: Approve the cancellation of award of bid to
Kim's Florida Garden and award to second low bidder, Luis Cintron's Lawn Service Inc. for
landscape maintenance - South Federal Highway and Congress Avenue at an estimated annual
cost of $17,589.00. Funding is available from 119-4144-572-46.40 (Beautification
Maintenance).
-3-
02/20/01
8.H. RESOLUTION NO. 16-01: Approve a resolution for action necessary for the
emergency board-up of an unsafe structure located at 213-215 SE 9th Street.
The caption of Resolution No. 16-01 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE
7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH,
ASSESSING COSTS FOR ABATEMENT ACTION
REGARDING AN UNSAFE BUILDING ON LAND (S)
LOCATED WITHIN THE CITY OF DELRAY BEACH;
SETTING OUT ACTUAL COSTS INCURRED BY THE CITY
TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE
COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE
DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF
THIS RESOLUTION, AND DECLARING SAID LEVY TO BE
A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID
ASSESSMENTS; PROVIDING FOR THE MAILING OF
NOTICE.
(The official copy of Resolution 16-01 is on file in the City Clerk's Office.)
8.I. RESOLUTION NO. 17-01: Approve a resolution for action necessary to abate
nuisances on fifteen (15) properties throughout the City.
The caption of Resolution No. 17-01 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
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 THE RECORDING OF THIS
RESOLUTION, AND DECLARING SAID LEVY TO BE A
-4-
02/20/01
g.J.
LIEN UPON THE SUBJECT PROPERTY FOR UNPAID
ASSESSMENTS.
(The official copy of Resolution No. 17-01 is on file in the City Clerk's office.)
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period February
5th through February 12, 2001.
8.K. LETTER OF INTENT/FLORIDA TELEPORT: Approve a Letter of Intent
with Florida Teleport, a new communication company. They are interested in obtaining a
nonexclusive franchise agreement.
8oLo
AWARD OF BIDS AND CONTRACTS:
Purchase award in the amount of $18,650.00 to FireCo, Inc. for the
purchase of a termal imaging camera with funding in the amount of
$16,000.00 from 115-0000-248-64.00 (Special Projects Fund) and
$2,650.00 from 001-2315-526-64.90 (Other Machinery/Equipment).
°
Bid award in the amount of $999,489.89 to Florida Blacktop, Inc. for the
2000 Roadway Bond Programs - NW Area Infrastructure Improvement
Project. Funding in the amount of $481,231.89 from 370-3162-541-65.44
(2000 Roadway Bond Program), $200,418.00 from 448-5461-538-65.51
(Storm Water Utility Fund), and $317,840.00 from 442-5178-536-65.51
(Water & Sewer Repair & Replacement).
°
Various bid awards for vehicle replacement from Florida Sheriff
Association Contract, as specified in Attachment "B" and from the State
of Florida Contract, as specified in Attachment "C" in the backup.
Funding is available from 501-3312-591-64.20 (Central
Garage/Automotive) in the amount of $854,135.00.
°
Award contract in the amount of $66,500.00 to Dr. Randall Wolff, M.D.,
to provide Clinical Services to the City, funding is available in various
department budgets.
Commissioner Schwartz moved to approve the Consent Agenda, seconded by
Commissioner Perlman. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes;
Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to
0 vote.
o
REGULAR AGENDA:
-5-
02/20/01
9.A.A. AWARD OF BID TO C.K. LOCKSHOP (SECOND LOW BIDDER):
Consider an award of bid to C.K Lockshop & Security (second low bidder) for the upgrade of
video security and electronic control systems for the Police Department in the amount of
$34,980.00. Funding is available from 334-6112-519-63.22 (General Construction Fund).
The City Manager stated the City had a system that was installed when the
building was built and the City had to move it when the communications center was moved in
order to install the new radio system in the old center. Staff is recommending award to second
low bidder as they feel C.K. Lockshop have the best understanding of the requirements, and are
better able to successfully complete the job in a timely manner. During their review with our
staff of the requirements and concerns with the current system, they had a better understanding
of our needs, concerns and requirements. The City has also established a good relationship with
C.K. Lockshop and staff feels they are more than capable of successfully completing the project.
Commissioner Perlman moved to approve the award of bid to C.K. Lockshop &
Security (second low bidder) for the upgrade of video security and electronic control systems for
the Police Department in the amount of $34,980, seconded by Commissioner Schwartz. Upon
roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr.
Perlman - Yes; Mr. Schwartz - Yes. Said motion passed with a 4 to 0 vote.
9.A. MUSEUM OF LIFESTYLE & FASHION HISTORY, INC., GRANT:
Direction concerning grant in the amount of $5,000.00 to the Museum of Lifestyle & Fashion
History, Inc.
The City Manager stated that the Commission previously approved a grant to the
museum contingent on the Community Redevelopment Agency (CRA) also approving a grant in
the amount of $5,000. Unbeknownst to the City, the CRA had recently adopted a policy limiting
charitable organization contributions to $1,000. The City Manager stated due to the cancellation
of the Corporate Games, the City could transfer $5,000 from that event to the Museum of
Lifestyle & Fashion History, Inc. as a grant.
Lori Durante, Director-Curator of the Museum of Lifestyle & Fashion History,
Inc., stated the $1,000 grant is a new standard grant that the CRA offers towards non-profit
organizations for their programs and events. However, Ms. Durante stated that one could still
apply for a grant as it relates to redevelopment, construction, and site plan. After the CRA
approved the $1,000, Ms. Durante stated that they enthusiastically expressed support of granting
additional money to fund that area of the Museum of Lifestyle & Fashion History.
Commissioner Perlman moved to approve the grant in the amount of $5,000 to the
Museum of Lifestyle & Fashion History, Inc., seconded by Ms. McCarthy. Upon roll call the
Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes;
Mr. Schwartz - Yes. Said motion passed with a 4 to 0 vote.
9.B. APPEAL OF HISTORIC PRESERVATION BOARD
DECISION/PATRICK LYNCH RESIDENCE: Consider an appeal of Historic Preservation
Board decision regarding the Patrick Lynch residence located at the northwest corner of A1A
and Nassau Street. QUASI-JUDICIAL PROCEEDING
-6-
02/20/01
Mayor Schmidt asked the Commission to disclose any ex parte contacts.
At this point, Mayor Schmidt entered into the record a letter dated November 2,
2000 from Cathy Appleton before the appeal was filed but it did relate to this application. In
addition, Mayor $chmidt noted he received a letter dated February 14, 2001 from the Beach
Property Owners' Association (BPOA).
Mayor $chmidt disclosed for the record that he represented Mr. Lynch
approximately a year ago in some litigation and clarified that at this time Mr. Lynch is not a
client. Mayor $chmidt stated he and Nancy E. Stroud, attorney, who is representing the
appellants, have acted as co-counsel on a few matters.
Commissioner Schwartz commented that he received a call from Mr. Lynch,
which he discussed at great lengths as to why he felt that the appeal should be positive.
Commissioner McCarthy stated that she received telephone calls from neighbors
who are concerned with parking issues, along with calls from Mr. Patrick Lynch and Mr. Weiner.
Commissioner Perlman stated that he had a telephone conversation with Mr.
Weiner, counsel to Mr. Lynch, had a phone conversation several months ago with Dr. Appleton as
well as receiving the February 14, 2001 letter from the Beach Property Owners' Association
(BPOA).
At this point, Mr. Schwartz stated he forgot to mention previously that Mr.
Weiner also called. Mayor Schmidt stated that he too spoke to Mr. Lynch, Mr. Weiner, and Ms.
Stroud.
For the interest of the public, Mayor Schmidt announced there are four issues
which have been four issues raised on appeals and these will be the only issues that testimony will
be taken for this evening. Mayor Schmidt announced that the four actions regarding this appeal
are as follows:
1_. Approval of internal adjustments to allow a reduction in the distance between
residential buildings from the required 19'11" to 4'6", 19'2" to 9', and 16' to 12'6".
2_. Approval of a Class II site plan modification for the Patrick Lynch residence,
subject to certain conditions.
3_ Approval of the Landscape Plan for the Patrick Lynch residence as amended to add
landscaped trees between the buildings and in the courtyards.
o
Approval of the elevations for the Patrick Lynch residence.
The City Attorney stated this item would be conducted as quasi-judicial hearing
that allows for presentations by all involved parties, the admission of documents into the record
-7-
02/20/01
and public testimony.
Barbara Garito, Acting City Clerk, swore in those individuals who wished to give
testimony on this item.
The City Attorney noted that the order of the proceedings this evening will be as
follows: (1) Planning Director will make a presentation, (2) appellant or the appellant's
representative will make a presentation, (3) property owner, and (4) any citizens wishing to speak.
Paul Dorling, Planning Director, stated that the development proposal that is
being appealed includes the construction of a 2nd floor addition on the guest house (north building)
and conversion of the structure from an illegally converted duplex to a single family dwelling;
construction of a one story addition on the main house (south building); construction of a pool and
deck on the east side of the property; construction of a 3'-4' high masonry wall on the south and
east sides of the property; and, installation of associated landscaping. Also included with the
proposal was a variance request to reduce the front and side setbacks and an internal adjustment to
allow a reduction in the separation required between residential buildings, which are internal to the
site.
At its meeting of January 17, 2001, the Historic Preservation Board approved the
Class I! site plan modification, variance, internal adjustment, landscape plan and design elements
associated with Certificate of Appropriateness-428. City staff and the applicant offered testimony,
which supported the development proposal.
There was public testimony in opposition to the request. The objections mainly
related to the number of units on the property, the variance request, the adequacy of parking, and
the proposed separation between buildings. With respect to the number of units, it was alleged at
one time that there were four units existing on this site. The development is now converting the
duplex into a single family home that will result in three units, which is permissible under the
current zoning district. With respect to the parking, this parking lot now provides five spaces.
Seven parking spaces are required with three units. However, this was an existing situation which
goes back to 1994 where a COA was issued before the conversion of the unit from a garage to a
single family unit at which time there were two parking spaces for the two units in the garage. It
was acknowledged with the conversion the installation of a five space parking lot would in fact
make the parking more conforming and that is why it was approved this way.
The internal adjustments were discussed at length by the Board who felt that the
reduction in building separation would not diminish the practical application of the separation
requirement and that a superior product would result.
With respect to the two reductions, one of the factors in their deliberation was that
this was for an open-air porch and balcony and did not involve actual enclosed floor area.
Overall, it was the Board's consensus that the proposed modifications are in keeping with the
existing style of the historic structures located on the property as well as the scale of neighboring
structures. Therefore, the proposed design elements and elevations are in compliance with the
Land Development Regulation requirements of Section 4.6.16, Section 4.6.18 and Section 4.5.1.
-8-
02/20/01
At this point, Mr. Dorling entered into the record the Planning and Zoning project
file #2001-20 and an aerial drawing as an exhibit.
For the record, the City Attorney announced to the appellant that Mr. Weiner who
is representing Mr. Lynch did enter into the record two letters. One letter objecting to whether the
appellant had standing, another letter objecting to the timeliness of the appeal.
Nancy Stroud, Esq. representing the appellants Dr. Cathy Appleton, Mr.
Bud Siddall, and Mr. & Mrs. Andrew Katz, stated that this property is on the corner of Nassau
Street and Ocean Boulevard or A-1-A. Nassau Street district extends down A-1-A west down the
hill. Ms. Stroud stated she believes this property was reviewed in terms of Ocean Boulevard and
not in terms of Nassau Street.
Fran Katz, 220 S. Ocean Boulevard, thanked the Commission for the
opportunity to address them on the topic of the landscape plan for 226 S. Ocean Boulevard. Ms.
Katz noted that she was unable to present her concerns with the landscape plan for 226 S. Ocean
Boulevard at the Historic Preservation Board meeting of January 17, 2001. She stated the public
comments were curtailed and she was not able to give her 3-minute presentation. She presented
the proposed landscape plan to the City Commission and distributed photographs of Coconut
Palms, which overlap her property line and roof.
At this point, Ms. Katz entered the landscape plan and photographs into the
record.
To soften the appearance of the landscaping, Ms. Katz suggested that one coconut
palm or a smaller variety of trees be planted in the northeast corner of Mr. Lynch's property. Ms.
Katz reiterated that she did not have the opportunity to present her concerns with the landscape
plan at the HPB meeting of January 17, 2001, and urged the Commission to amend the proposed
landscape plan.
Andy Katz, 220 S. Ocean Boulevard, stated that the amount of square footage of
green space on the property shows the reduction from current status to the proposed status of
only 932 square feet. In actuality, the amount of green space being taken away is 1900 square
feet. The location in the design of the air conditioning and trash enclosure was not fully
addressed. Specifically no air conditioning units are shown for that north building. Currently,
there is a unit there and an additional unit is going to be needed. Mr. Katz informed the
Commission that this was never brought up in the discussion with the Historic Preservation
Board and in addition, details on the trash enclosure was not brought out. Mr. Katz informed the
Commission that the landscape plan his wife handed out to them is the amended plan. There is a
mention to matching a fence to an existing fence but stated there is no fence to match along that
north line. The site plan of the property showed a masonry wall continuing from the proposed
masonry wall along A-1-A and making a left turn along the north part of the property, the height
of that fence is approximately 6 feet tall. He stated there would be a masonry wall along the
north/south line of A-1-A to a wooded fence extending a third of the way east to west.
-9-
02/20/01
Another issue concerning Mr. Katz is the internal adjustment issue. It is not only
that an internal adjustment for the spacing between the properties is being given but the degree of
the adjustment is very severe because the formula for the required separation between those two
buildings scales with the height of the building. Mr. Katz stated by allowing a significant
increase in the height of the building forces the requirement between the two buildings to 20 feet
(give or take a few inches).
Mr. Katz stated that Mr. Lynch was fully aware of the restrictions when he
purchased the property. In addition, after converting the garage into an apartment in which he
received retroactive approval for, Mr. Lynch signed a Declaration of Unity of Title dated and
recorded in the month of August 1994, which states this property, cannot be subdivided. Mr.
Katz entered the Unity of Title into the record. In conclusion, Mr. Katz urged the Commission
not to approve this development proposal by allowing this in the historic district.
Dr. Cathy Appleton, thanked the Commission for allowing her the opportunity
to address her concerns related to the development project under appeal. She entered Dr. Donald
Curl and Dr. Norton's testimony into the record. She urged the Commission to disapprove this
development project and uphold the request from the community that the City preserves Delray's
history.
Bud Siddall, appellant and resident of 1127 Nassau Street, discussed and
expressed concerns over the following three items: (1) history of the development of the
property, (2) the intensity of its use, and (3) desire of the community to preserve the historical
integrity of the dwellings.
Michael Weiner, attorney representing Mr. Lynch, noted that he noticed the
appellant came here this evening saying they were going to challenge the LDR's and the
Comprehensive Plan. Mr. Weiner stated that there was not one mention of the Comprehensive
Plan so he must assume that the appellant decided that it did meet the terms of the
Comprehensive Plan and therefore, let the entire issue fail.
Mr. Weiner entered a binder into the record and reviewed four successful motions
before the Historic Preservation Board on the residence that is owned by Mr. Lynch. Mr. Weiner
stated this is being done in accordance with Section 2.4.7(E) of the LDR's. He noted on page
four of the Historic Preservation Board Report it references "The required variances meet the
required basis provided in Section 4.5. l(J), regarding the preservation of historic character and
the adaptive reuse of the property." Furthermore, Mr. Weiner gave a brief overview of the
Historic Preservation Board's approval of a Class H site plan modification, internal adjustment,
landscape plan and design elements associated with the Patrick Lynch residence.
At this point, Mr. Weiner entered into the record the credentials of Mr. Roger
Cope, Architect and agent for Patrick Lynch.
Roger Cope, Architect and agent for Patrick Lynch, stated that this a 2-~A story
-10-
02/20/01
house; the lA story is nothing more than reclaiming attic space by creating a 300 square foot
office. A critical component of the internal adjustment in the very fact that there are open air
existing walls that encompass a patio that is original to the 1935 home. He stated they would be
diminishing the historical significance of the property if in fact the wall were moved. He stated
this space is being conditioned by putting a roof on it, etc. The entire purpose of this is to make
the main historical house on the property more livable. He stated this property is an anchor into
the 3-block long historic district of Nassau Park. This is a 0.41 acre piece of property and Mr.
Cope stated it is appropriate in terms of the size of the property. Mr. Lynch will be making this
his primary residence. Whether this is viewed from an A-1-A perspective or a Nassau Street
perspective, Mr. Cope stated that this is a 2-~A story structure that is in fact along the north edge
of the property. In terms of a massing, Mr. Cope feels this is not out of the ordinary and is
compatible with the rest of the 2-story homes on Nassau Street.
Mr. Schwartz asked for the definition of a "cottage". Mr. Cope explained that in
his perspective this deals with the materials and the fact that they are trying to take the least
historic structure of the three and blend it in with the resort cottage style of architecture that the
two 1930's structures have while using other components. He reiterated that he thinks the three
buildings and the dynamic they create between themselves and how they sit on a site defines the
meaning of cottage.
Michael Weiner, stated that the Historic Preservation Board made four motions.
(site plan, landscape plan, and elevations) pursuant to minutes. Mr. Weiner stated that HPB
mentioned particular LDR's that they themselves found positive findings on. For example, Mr.
Weiner made reference to Section 4.16.18 (tab #8 of the binder) and stated that HPB made
approximately five different references to the word harmony. Second, Mr. Weiner made
reference to Section 4.5.1 (tab #9 of the binder) and stated that there are no less than 15 mentions
of compatibility. Mr. Weiner pointed out to the Commission that the members appointed to HPB
are professionals in landscape architecture/architecture and feels they are experts in the field.
Mr. Weiner reiterated that all the reports state that these particular resolutions met all the
standards of the LDR's. Under the Coastal Management element in the Comprehensive Plan Mr.
Weiner explained that it states that the City has a Historic Preservation ordinance which is
administered by the Historic Preservation Board. That ordinance requires an issuance of a
Certificate of Appropriateness. In conclusion, Mr. Weiner announced that since there is nothing
found in the testimony that states the Historic Preservation Board in any way made a mistake, the
Commission is therefore required by law to vote in favor of this particular appeal.
Suzanne L. Barle¥~ 1119 Nassau Street, who has lived at this residence for 61
years, stated her home is one of 15 historic homes built between the years of 1935-1940. Ms.
Barley stated many of the owners have added more living space without changing the look, size,
style or character of his or her home. In 1992, after much protest by the residents of Nassau
Street, Ms. Barley stated that one of the main criteria in the historic district was that the buildings
would be compatible in height with the existing buildings. The pile drivings the City permitted
in order to erect such large structures caused damage to homes on Ocean Terrace, Bay and
Nassau Street. Ms. Barley stated damage caused to her home was in excess of $70,000. The
Historic Preservation has approved an oversized structure on the northwest corner of Nassau
Street and A-1-A. With regard to the wall, Ms. Barley stated that the City already has what the
-11-
02/20/01
City permits as far as height at the northeast corner of Nassau Street and Gleason Street which is
3 feet graduating to 4 feet high. She feels that what is being proposed for Mr. Lynch's property
will be far more dangerous because no one will be able to see in either direction to go out onto
A-1-A. She also expressed concerns regarding flooding on Nassau Street whenever there is
heavy rain. In conclusion, she reiterated and urged the Commission to keep historic architecture
and protect the existing homes from further damage.
Kevin Warner, 248 Venetian Drive and representing the Beach Property
Owners Association, echoed Mr. Weiner's comments and noted that Section 4.5.1(E) of the
LDR's have numerous references to height restrictions, size limitations, etc. Mr. Warner stated
that ruling by law is something the Commission needs to keep in mind and read the following
from Objective A. 10 of the Comprehensive Plan:
"The City shall support the conservation and rehabilitation of
historically significant housing, especially where such housing is
an identifying characteristic of a particular neighborhood."
Mr. Warner stated that it is his observation based upon the petition submitted and
testimony given this evening that the majority of the community strongly opposes this project.
Mr. Warner stated that Mr. Lynch has broken the law regarding the renovations he has done on
his property and feels this is a sole attempt to increase the financial interest in his property. Mr.
Warner made a reference to page 9 of the HPB Staff Report (Assessment and Conclusion
section) where it explains that the additional square footage will provide an improved product
while the proposed pool will allow for additional amenities to the residents. Mr. Warner stated
he does not feel that is a benefit staff should have relied upon for suggesting that the
Commission approve.
John Bennett, President of PROD, stated that he attended the Historic
Preservation Board meeting of January 17, 2001, and feels that the public comment was
curtailed. Mr. Bennett feels that some of the HPB members under estimated their own authority
to deny demolition (reference: Section 4.5.1 (F) of the LDR' s).
Cynthia Junghans, 200 S. Ocean Boulevard, strongly opposes HPB's approval
of this project and feels it will change the character of Nassau Street and A-1-A. She feels this is
extremely unfair to the citizens of Delray Beach and commented that Mayor Schmidt is not fully
listening to the citizens. She also feels this project is a fire hazard. Ms. Junghans stated that if
Mr. Lynch is willing to sell the property, she does not foresee a problem with someone
purchasing the property in order to keep it in its current condition. In conclusion, she
encouraged the Commission to take into consideration all comments and concerns expressed by
citizens this evening.
At this point, Mayor Schmidt clarified that he has not terminated anyone from
speaking because of time. There were four specific points raised regarding the appeal and he has
tried to limit the testimonies to those four points.
Mayor Schmidt inquired about the landscaping plan and the addition of trees
-12-
02/20/01
between the building and the courtyard.
Michelle E. Ho¥1and~ Planner~ stated this was a condition of approval made by
the HPB and the area to be added is to mitigate the elevations between the courtyard of the pool
and the building itself in front of the existing wall that is going to be enclosed.
Ms. McCarthy questioned the drawings of the landscaping on the north side and
inquired as to whether or not there is additional landscaping on Mr. & Mrs. Katz's property.
There are some sea grapes along the southern wall and some landscaping on the southeast corner.
Upon question from Ms. McCarthy, Ms. Katz stated the type of tree is so large already
encroaching on her property.
Ms. Stroud, Esq., stated there is too much to really mitigate the landscaping. Mr.
Katz stated that the trees are all low bushes.
Ms. McCarthy stated she is confused about this property due to the fact that it has
an A-1-A South Ocean Boulevard address and asked for clarification regarding whether the
property is part of the historic district. In response to Ms. McCarthy's concern, Mr. Dorling,
Planning Director explained that this property is indeed part of the historic district.
With regard to the ingress and egress, Ms. McCarthy asked for clarification
regarding the ingress and egress off Nassau Street and whether or not this has always been like
this because of the amount of traffic on South Ocean Boulevard. For clarification, Mr. Dorling
stated the property has an A-1-A address because it has frontage on A-1-A. According to City
Code, you take the two sides and the side that is the higher of the two is considered the higher
classified street and therefore becomes its frontage. Therefore, Mr. Dorling explained the
property is addressed off A-1-A.
Mr. Perlman stated there seems to be a discrepancy regarding the amount of green
space. Ms. Hoyland stated there was a typo on the plans that will be clarified with the site plan
certification. In addition, Mr. Perlman inquired as to whether the Fire Department report has
been entered into the record and asked if Mr. Weiner could explain the significance of the
Declaration of the Unity of Title. Mayor Schmidt stated he believes the Fire Department report
has not been entered into the record.
Mr. Weiner stated at this point he would object to the Fire Department report
being entered into the record. Mr. Weiner stated he did respond to this by noting that there
would be no punctures in those particular walls. Mayor Schmidt stated that he would enter the
report into the record as evidence. Originally, Mr. Weiner stated that this was reviewed by the
Fire Department. Mr. Weiner reiterated that we do not have in the record what the testimony
was before the HPB, but it feels it is safe to assume that HPB accounted for this in taking into
consideration these particular matters. Mr. Weiner stated he does not feel that the testimony in
any way will harm the decisions made by the HPB. With regard to the Declaration of the Unity
of Title, Mr. Weiner explained that the land cannot be subdivided but it does not mean that the
land cannot be rented. Furthermore, Mr. Weiner stated it could be a rental situation and does not
necessarily mean that it has to be subdivided and sold as townhomes.
-13-
02/20/01
Mayor Schmidt stated he would like to add an additional comment to Mr.
Weiner's statement by explaining that a Unity of Title is not permanent as it was alluded to this
evening. The document that was entered into evidence states on it that the City can release it.
Mayor Schmidt asked a procedural question regarding imposing conditions and possibly making
a change to LDR Section 2.4.7(E) in any way as it relates to this appeal. Mayor Schmidt asked
the City Attorney if the City chooses to uphold the appeal would it be possible to change any of
the conditions that were imposed by the Historic Preservation Board? With regards to Section
2.4.7(E) of the LDR's, the City Attorney stated and it is her understanding that the intent of this
section would allow for this type of condition.
In reference to this proposal, Ms. McCarthy asked if they are changing a
percentage of the existing structure to the degree that it would no longer be able to maintain the
historic preservation designation? In response, Ms. Stroud, stated that when looking at changes
to historic properties (adding or deleting) one must look at whether or not it is going to change
the character of the property, the height and compatibility. Ms. Stroud noted that there is no
percentage involved.
Mr. Weiner stated there could be some confusion because with the fact that when
something burns down and is destroyed by more than 50% then it is considered a non-
conforming use. He stated none of the City's ordinances have any kind of percentages on what
must remain of a particular historic structure.
Although the City does not have a percentage, Mr. Dorling stated it is important
to note that the northern structure is not historic because it was built in 1963 but it is within the
district. Ms. Stroud stated that the City Code states contributing and non-contributing structures
and feels the structure has to be evaluated.
Mr. Schwartz moved to grant the appeal of the Historic Preservation Board,
seconded by Mr. Perlman (for discussion). Upon roll call the Commission voted as follows:
Mayor Schmidt -No; Mr. Perlman- No; Mr. Schwartz - Yes; Ms. McCarthy- No. Said motion
failed by a 3 to 1 vote.
Prior to the vote, the following discussion ensued.
Mayor Schmidt stated that contrary to a few comments made this evening, the
City's Code and LDR's, clearly anticipates that you can have additions to existing property as
well as development in the historic areas. He stated that the reason for the HPB is to have
experts in that area review those processes and feels confident to rely on the them. He stated
there is no evidence that addresses the LDR's and stated he has reviewed the plans and feels
what Mr. Lynch proposes to do will enhance the area. Mayor $chmidt stated he would not
support the motion.
-14-
02/20/01
Mr. Schwartz stated the citizens have spoken loud and clear and feel this is
evident by the number of petitioners that the surrounding neighborhoods are opposed to Mr.
Lynch's proposal. As it stands right now, Mr. Schwartz stated this is a non-conforming use and
does not have the correct setbacks. He does not believe it is proper to compound a non-
conforming use by compounding it with further increasing a non-conforming usage because he
does not see it as a benefit to the City or the neighbors surrounding this particular location. Mr.
Schwartz stated his interpretation of a cottage is not a 2-~A story building and feels the appeal
should be supported.
Ms. McCarthy stated she is here to represent everyone and her perception of a
cottage is a little different from that of Commissioner Schwartz because she grew up in a 2-story
cottage and confirmed that the zoning for this property is RM (Multiple Family Residential -
Medium Density). Ms. McCarthy expressed concerns over comments made be a few citizens
this evening about landscaping being to large and creating a hazard along A-1-A. Ms. McCarthy
stated she cannot speak against this project when referring to the what this property is zoned for,
where they are going with this, and what the City has to work with. However, she would like to
get direction on how she can address her other two concerns as mentioned above.
Mayor Schmidt stated that if the motion to approve the appeal were passed, then
this would put this at an end. If the Commission votes against the appeal, then another motion
could be made and the conditions can be changed.
At this point, Ms. McCarthy inquired about the wall. Mr. Dorling stated that the
wall was a part of the Class I! site plan modification and it involves a combination of 3 feet and 4
feet. The 3 feet (at intersection of Nassau Street and A-l-A) is provided at the 40' triangle,
which is required to be at a height no higher than 3 feet by the LDR requirements. Mr. Dorling
stated that in the LDR's it states that 3 feet is an adequate height to provide visibility in that 40-
foot triangle. Mayor Schmidt asked if the LDR's allows the City to reduce the height. In
response, Mr. Dorling stated that is possible that the height restriction be reduced through a
waiver process. Mayor Schmidt inquired as to whether the City could impose this as one of the
conditions. The City Attorney stated that if the developer would agree to a certain condition then
it would be acceptable. For example, the City Attorney suggested that an acceptable condition
would be that the Commission defers this to the City Engineer to conclude that if there has to be
a lesser height to eliminate any site distance problem that may occur because of a curve. Mr.
Weiner stated if this is the case then he is willing to accept the condition.
Mr. Perlman echoed Mr. Schwartz's comments about representing the citizens
and making everyone happy. However, Mr. Perlman feels the LDR's and the Comprehensive
Plan meets the criteria as staff has advised as well as the experts on the HPB.
Ms. McCarthy moved to deny the appeal and uphold the Historic Preservation
Board's decision and all conditions they imposed, with the additional conditions (1) a change in
the landscape plan so abutting foliage is either low enough or high enough as not to obscure or
intrude on their northern neighboring line as determined by Nancy Davila, City Horticulturist,
and (2) recommend they go back to the City Engineer regarding the 3 foot high 40' triangle to
insure someones view onto A-1-A is not obscured when sitting in a car (site specific), seconded
-15-
02/20/01
by Mr. Schwartz. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mr.
Perlman - Yes; Mr. Schwartz - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0
vote.
10.
PUBLIC HEARINGS:
10.A. RESOLUTION NO. 14-01: A resolution providing for the certification and
adoption of the final assessment roll for the Pineapple Grove Entrance Special Assessment
District. Prior to consideration of passage of this Resolution on Second and FINAL Reading, a
public hearing has been scheduled to be held at this time.
The City Manager presented Resolution No. 14-01:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE
CERTIFICATION AND ADOPTION OF THE FINAL
AS SESSMENT ROLL FOR THE PINEAPPLE GROVE
ENTRANCE SPECIAL ASSESSMENT DISTRICT TO
INCLUDE THOSE PROPERTIES BORDERING ON N.E. 2ND
AVENUE FROM ATLANTIC AVENUE NORTH TO THE
FIRST ALLEY INTERSECTION, AS MORE FULLY
DESCRIBED HEREIN; PROVIDING FOR THE ASSESSMENT
AMOUNT AS TO EACH PROPERTY; PROVIDING FOR THE
METHOD OF PAYMENT OF THE SPECIAL ASSESSMENT;
PROVIDING AN EFFECTIVE DATE.
(The official copy of Resolution No. 14-01 is on file in the City Clerk's office.)
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. There being no one who
wished to address the Commission, the public hearing was closed.
Ms. McCarthy moved to adopt Resolution No. 14-01 on Second and FINAL
Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr.
Perlman - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion
passed with a 4 to 0 vote.
10.B. ORDINANCE NO. 6-01 (SECOND READING/SECOND 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. Prior to consideration of passage of this ordinance on Second
Reading, a second public hearing has been scheduled to be held at this time.
-16-
02/20/01
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, "CENRAL BUSINESS DISTRICT-
RAILROAD CORRIDOR (CBD-RC)", SUBSECTION 4.4.28(G),
"SUPPLEMENTAL DISTRICT 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.)
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.
Mayor Schmidt declared the public hearing open. There being no one who
wished to address the Commission, the public hearing was closed.
Mr. Schwartz moved to adopt Ordinance No. 6-01 on Second Reading and
Second Public Hearing, seconded by Mr. Perlman. Upon roll call the Commission voted as
follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes.
Said motion passed with a 4 to 0 vote.
10.C. 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. 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. 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
5TM 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,
-17-
02/20/01
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.
Mayor Schmidt declared the public hearing open. There being no one who
wished to address the Commission, the public hearing was closed.
Mr. Perlman moved to adopt Ordinance No. 15-01 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mr. Schwartz - Yes. Said motion
passed with a 4 to 0 vote.
10.D. RESOLUTION NO. 15-01: A resolution authorizing the sale of City-owned
property (Lot 10, Block 10, Atlantic Gardens) located at 237 SW 11th Avenue as part of the
City's Renaissance Program. Prior to consideration of passage of this resolution on Second and
FINAL Reading, a public hearing has been scheduled to be held at this time.
The City Manager presented Resolution No. 15-01:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY
TO SELL CERTAIN REAL PROPERTY IN THE CITY OF
DELRAY BEACH, FLORIDA, WHICH PROPERTY IS
LOCATED AT LOT 10, BLOCK 10, ATLANTIC GARDENS,
AS MORE PARTICULARLY DESCRIBED HEREIN, HEREBY
INCORPORATING AND ACCEPTING THE CONDITIONS
AND TERMS OF THE CONTRACT FOR SALE AND
PURCHASE BETWEEN THE CITY OF DELRAY BEACH AND
ADAM L. AND MARY BROWN ROBINSON.
(The official copy of Resolution No. 15-01 is on file in the City Clerk's office.)
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. The public
hearing was closed.
Lula Butler, Director of Community Improvement, stated that this item is before
the Commission to allow the City to complete the sale of a piece of property that the City
purchased from the Delray Beach Housing Authority (DBHA) to provide the opportunity for a
first time homebuyer to become a new homeowner. This particular family has been residents of
the DBHA for ten years and the City will be moving them into their own single family home.
Ms. Butler stated that this is made possible through the HOPE 3 revolving loan fund in which the
-18-
02/20/01
City generated over $400,000 from selling ten homes over the last four years.
Mayor Schmidt declared the public hearing open. There being no one who
wished to address the Commission, the public hearing was closed.
Mr. Schwartz moved to adopt Resolution No. 15-01 on Second and Final
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor
Schmidt - Yes; Mr. Perlman - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion
passed with a 4 to 0 vote.
11. COMMENT AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC-IMMEDIATELY FOLLOWING THE PUBLIC HEARINGS.
ll.A.
City Manager's response to prior public comments and inquiries.
In response to a prior comment made by Ms. Zimmerman as to whether or not the
City was recognizing and complying with the water shortage restrictions, the City Manager
stated that for areas less than five acres in size they are being watered between the hours of 4:00
a.m. and 8:00 a.m. two days a week while areas larger than five acres are allowed to be watered
from midnight until 8:00 a.m. two days a week.
Regarding Ms. Zimmerman's specific comment regarding the green grass at
Veteran's Park, the City Manager stated that the City had to replace a large portion of the sod at
Veteran's Park because of damage from various events. He further explained that when new sod
is planted you can water it more frequently while it is getting established.
The City Manager stated that there is a different schedule that golf courses use for
complying with the water shortage. He emphasized that golf courses are not exempt from
adhering to the water restrictions.
In response to Mr. Franciosa's comments concerning the City's building permit
process, the City Manager explained that a permit expires after six months from the date of the
last inspection. If the contractor who obtained the permit fails to call for a final inspection, there
is a $50 no final inspection fee assessed to complete the permit. Due to the heavy volume of
permits it may be several months after the 180 day period before staff sends out a notice to both
the owner and the contractor advising of the expired permit. In some instances, the contractor
may no longer be in the area and unfortunately the responsibility falls to the owner. However, it
is the owner's responsibility to make sure the contractor they hired does the job properly by
obtaining all final inspections.
Regarding Mr. Franciosa's prior comment concerning whether the Police had
responded to two reports regarding a suspicious person in the Tropic Isle area, the City Manager
stated that the first call was a suspicious person received at 2:18 p.m. The Police dispatched the
unit at 2:20 p.m. and the officer arrived at 2:21 p.m. The second call was also a suspicious
person received and dispatched at 2:26 p.m. and the officer arrived at 2:31 p.m. The City
Manager feels there is no problem with the way the Police Department responded to the call.
-19-
02/20/01
In response to Mr. Bennett's inquiry regarding the salvage agreement, the City
Manager stated the City entered into this agreement on March 23, 2000. The City Manager
explained that the properties involved were all rights-of-ways to the intracoastal and the City
entered into the agreement with Donald Anderson & Associates. Mr. Anderson felt that there
may be something of considerable value in the right-of-way and while exploring found some
very large rocks with a high iron content. Therefore, the City did not get anything out of this and
would have only if Mr. Anderson found something of value. The City Manager stated that Mr.
Anderson was closely monitored by the City with a City crew who helped do the digging and a
number of other City personnel on hand to observe the entire operation. In addition, the City
Manager stated that the previous test bore was also observed by City staff.
11.B. From the Public.
ll.B.1. 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.
Upon question from Mr. Van Gemert, the City Manager stated that he did consult
with the City Attorney regarding this issue and the requirement to hire Coastal Planning and
Engineering is in the settlement agreement and can only be changed by the court. The City
Manager clarified that the settlement agreement specifies that the final survey will be done by
Coastal Planning and Engineering.
ll.B.2. John Bennett~ 137 Seabreeze Avenue, President of Progressive Residents of
Delray (PR.O.D.), complimented the entire personnel in the City Clerk's office for their work
efforts and stated that one day in particular he observed Susan Maloney, Administrative
Assistant, assisting a customer who was trying to obtain a copy of a death certificate. He stated
Susan went above and beyond her duties to assist the customer with a problem that was really a
County issue and feels she deserves recognition for exemplifying outstanding customer service.
ll.B.3. Gerald Franciosa~ 939 Eve Street~ on behalf of the Tropic Isle Civic
Association, noted that at the Commission meeting of February 6, 2001, Ms. Zimmerman spoke
under the non-agenda portion of the agenda about the proposed changes to the City Charter
which was an item on the agenda and asked for clarification regarding this matter.
Regarding the outcome of the Police situation in Tropic Isle, Mr. Franciosa stated
he received a phone call from people about someone walking around the neighborhood. He
stated that these people called the Police and received no response. Mr. Franciosa stated he
would like to know whom the Police responded to.
Mr. Franciosa stated he does not feel safe in the community because of the lack of
police officers. He feels that the reason there are so many vacancies in the Police Department is
-20-
02/20/01
because the requirements for a police officer in Delray are too stringent. He stated that since
there are so many personnel problems within the Police Department, the City should form a
Citizen Advisory Committee and conduct a nationwide search for police officers and a Police
Chief. He urged the City to look into this immediately before Chief Overman decides to retire.
9.C. WAIVER REQUEST TO REDUCE OPEN SPACE
REQUIREMENT/BLOCK 69 MUNICIPAL PARKING GARAGE: Consider a request to
waive LDR Section 4.4.13(F)(2) to reduce the required 10% open space to 8.3% open space for
the Block 69 Municipal Parking Garage, proposed to be located on the west side of SE 1st
Avenue, approximately 250 feet south of East Atlantic Avenue. QUASI-JUDICIAL
PROCEEDING
Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex
parte contacts were noted.
The City Attorney stated this item would be conducted as a quasi-judicial hearing,
which allows for presentations, by all involved parties, the admission of documents into the
record and public testimony.
Barbara Garito, Acting City Clerk, swore in those individuals who wished to give
testimony on this item.
Paul Dorling, Planning Director, entered into the record the Planning and Zoning
Department's project file #2000-287 and a listing of pertinent documents.
Paul Dorling, Planning Director, explained that this is a waiver request to reduce
the open space requirement from 10% to 8.3%, which would result in a reduction of 333 square
feet of open space. This reduction is requested in connection with construction of 207 space
municipal parking garage on Block 69. The request of reduction accommodates undulations in
the facade as well as provision of hard scape features. The provision of these features results in a
facade, which is more compatible with the surrounding neighborhood which, is one of the
directives of the Historic Preservation Board. It is noted that it appears that a more institutional
parking garage facade would provide 10% open space. However, Mr. Dorling stated that this
would make it less compatible with the surrounding neighborhood.
At its meeting of January 17, 2001, the Historic Preservation Board approved a
site plan request for the Municipal Parking Garage on Block 69. In addition, the Board
recommended approval of an associated waiver request to reduce the open space requirement. In
conjunction with review of the development requests, the Board held a public hearing. While
there were comments regarding the mass and scale of the building, only one member from the
public voiced concerns that the reduction in open space did not meet the required findings for the
granting of a waiver. The Board voted 7-0 to recommend approval of the waiver request based
upon positive findings pursuant to LDR Section 2.4.7(B)(5).
Mr. Dorling stated that staff recommends that the City Commission approve the
waiver to LDR Section 4.4.13(F)(2) to reduce the required 10% open space to 8.3% open space
-21-
02/20/01
for the Block 69 Municipal Parking Garage based upon positive findings pursuant to LDR
Section 2.4.7(B)(5).
Michael Weiner~ speakin~ on behalf of Block 77 ~roup/applicant~ stated that
for the record this is pursuant to a waiver of Section 4.4.13(F)(2) as to open space. The required
10% open space is being reduced to 8.3% open space. Mr. Weiner stated this is being done
under the waiver procedures that are in LDR Section 2.4.7 and based upon positive findings with
respect to this particular provision were not only approved by the Historic Preservation Board,
but are also set forth in the waiver analysis of the Planning and Zoning Staff Report.
Michael Cavelli~ Planner~ entered his Resume into the record and defined
opened space.
Richard Ormam Professor of Public Administration at Barry University~
entered his Resume into the record and stated that he would like to testify to the prior conditions
that one needs to find in order to grant a waiver for open space.
Mr. Orman stated that by granting this waiver would not adversely affect the
neighborhood area. With the facade that has been developed, Mr. Orman feels it substantially
improves the look of the parking garage and enhances the neighboring area rather than detracting
from it. Secondly, Mr. Orman explained that this is a safe structure in terms of the way this
parking garage is designed and meets most of the conditions that would be found in terms of
crime prevention to environmental design standards. Mr. Orman stated that it is not unusual to
make this sort of grant of waiver for open space particularly where architectural features are
added to make the facility much more attractive in meeting the design standards and criteria that
are expected in these historic districts. He feels it is truly important to have parking structures in
historic preservation areas in the context of downtown redevelopment. Furthermore, Mr. Orman
stated that by creating an attractive landscaping environment would help to attract pedestrians to
this area rather then them just walking past this development. He feels this will help to add
significantly to the quality of the environment in its immediate vicinity.
At this point, the City Attorney opened the floor for the public who wished to
speak in favor of the waiver or in opposition of the waiver.
John Bennett~ 137 Seabreeze Avenue~ expressed concern about the argument
expressed regarding "counting this strip but not being able to count". He stated he has not been a
local supporter of this project but at the same time he supports the waiver.
There being no one else who, having been duly sworn, wished to address the
Commission, the public hearing was closed.
At this point, Mr. Weiner stated he is available to answer any questions or
concerns of the Commission.
Commissioner McCarthy inquired about the landscape plan and the foliage. In
response, Mr. Weiner stated that there is a landscape plan and foliage. In addition, Mr. Weiner
-22-
02/20/01
stated there are all kinds of things being done with the texture of the buildings in terms of
varying all four sides.
Mr. Schwartz moved to approve the waiver to LDR Section 4.4.13(F)(2) to reduce
the required 10% open space to 8.3% open space for the Block 69 Municipal Parking Garage
based upon positive findings pursuant to LDR Section 2.4.7(B)(5), seconded by Ms. McCarthy.
Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mr. Perlman - Yes; Mr.
Schwartz - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote.
9.D. APPEAL OF HISTORIC PRESERVATION BOARD
DECISION/RECTORY PARK SITE PLAN MODIFICATION: Consider an appeal of
Historic Preservation Board decision regarding Rectory Park Apartments. QUASI-JUDICIAL
PROCEEDING
Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex
parte contacts were noted.
The City Attorney stated this item would be conducted as a quasi-judicial hearing,
which allows for presentations, by all involved parties, the admission of documents into the
record and public testimony.
Barbara Garito, Acting City Clerk swore in those individuals who wished to give
testimony on this item.
Paul Dorling, Principal Planner, entered into the record the Planning and Zoning
Department's project file #2001-54 on this project and a listing of pertinent documents.
On February 7, 2001, the Historic Preservation Board considered a Class H Site
Plan Modification to approve Rectory Park site plan recently approved on June 3, 1998. The
proposed site plan modification involves changing the layout of the parking lot. The proposal is
to reconfigure the parking spaces in front of the Historic Rectory building and eliminate spaces
on the south side of the new 3-story building. Overall the modifications result in a loss of 6 on-
site parking spaces. The elimination of these parking spaces will allow the developer to increase
the landscaping on the site, including the addition of a garden area on the south side of the new
building. Extensive landscaping has become a signature trademark of this developer and has
been welcomed by the city in the otherwise highly paved downtown area. To offset the loss of
parking, a Unity of Title has been recorded incorporating an off-site parking lot (west of the
development) with 14 additional spaces into the project.
Pursuant to LDR Section 4.6.9(E)(4) Off-Site Parking, parking requirements may
be provided off-site, within 300' as measured along an acceptable pedestrian route. Although
there is no code requirement that there be a direct vehicular connection to the off-site parking,
the Historic Preservation Board feels that this condition was unacceptable for the project since it
would require going around the block to access the parking lot. The Board suggested relocating
the dumpster and removing another space if necessary to provide vehicular access to the off-site
lot.
-23-
02/20/01
The Board was also concerned about the lack of a turn around area at Atlantic
Avenue (northwest corner of site) which could be utilized when the parking lot is full. It is noted
that this was a condition of the original site plan approval and should have been indicated on the
plan.
Staff recommended approval of the site plan modification to the Historic
Preservation Board. It should be noted that many buildings in the downtown area have little or
no private parking. This is a normal condition in an urban setting where public parking is
available. The developer is attempting to create a unique environment for this mixed-use project
with extensive landscaping, gardens and unique architecture. The inconvenience of the
disjointed parking lots is the trade off. If the connection to the alleyway to the south is reopened
to access the parking lot, it is likely to generate additional through traffic. The portion of the
alleyway, which ran through the site, was originally abandoned so that a strong pedestrian
relationship could be maintained between the buildings of the project and through-traffic could
be eliminated. Mr. Dorling stated that staff continues to support the request for the
modifications.
Steve Cohere Attorney for Rectory Park, stated that as Mr. Dorling explained
we they had a meeting with staff since the HPB meeting in an effort to try to resolve the
outstanding concerns. In terms of the traffic flow, Mr. Cohen stated concerns were voiced in
working with staff before they designed the layout of the building. The City's LDR's require
that the building be placed directly on the corner of the property where Swinton Avenue and
Atlantic Avenue meet. The design in the traffic flow was a concern. In terms of the one space, it
was not on the site plan that was approved. Mr. Cohen stated that they are still willing to
eliminate that space and make it a turn around space. During a meeting with City staff last
Friday, Mr. Cohen stated he expressed willingness and a commitment that he would add a
condition to leases with commercial retail tenants on the ground floor. In other words, Mr.
Cohen stated they would require the employees of those tenants to use the parking lot
immediately to the west of the rectory building. In addition, the residential tenants who are
upstairs as well as customers of the downstairs commercial retail space unit owners would be
provided with remote control activators to raise the gates to allow them egress and ingress in and
out of the parking lot. Mr. Cohen stated that by having these parking spaces in an east/west
direction they can back up to the south and leave that space for turn around and then they could
pull forward straight onto Swinton Avenue. Mr. Cohen feels this is a practical solution to
meeting everyone's concerns.
Mayor Schmidt inquired as to whether Mr. Cohen has signed any leases. Upon
question from Mayor Schmidt, Mr. Cohen stated that they have signed a lease with a hair
salon prior to this issue coming up. There are rules and regulations for the tenants and it
makes it very clear in the lease that those rules and regulations are subject to change by
the landlord. He stated he is more than willing to give the City a form lease that shows
the provisions in the lease. In terms of the replat issue, Mr. Cohen stated the City agreed
that the application be submitted for the replat as a condition to obtaining a Certificate of
Appropriateness (COA) and to his understanding the City has revised that as a condition
of the approval prior to the HPB meeting.
-24-
02/20/01
As for the landscaping, Mr. Cohen will work with Nancy Davila in an attempt to
eliminate four spaces and replace those spaces with landscaping.
Michelle Balfort~ Agent for the Rectory Park Proiect~ stated that originally
they were supposed to have 26 spaces and came in at 35 spaces. Regarding some of the concerns
they had at the HPB had at the last meeting, Ms. Balfoort stated that they have dropped off two
additional spaces (one for the turn around space and one for a better pedestrian access). Ms.
Balfort stated they have now reduced the number of parking spaces from 33 spaces to 26 spaces.
There being no one else who, having been duly sworn, wished to address the
Commission, the public hearing was closed.
Mr. Perlman moved to approve the appeal of the Historic Preservation Board
action regarding Rectory Park site plan modification, keeping all the conditions as listed on page
three of the HPB Staff Report, adding one (1) the addition of the employee parking restriction in
the parking lot referred to by Mr. Cohen and contained in the lease, (a copy will be provided to
the City), (2) strip a parking space to create a larger turn around, and (3) provide a pedestrian
access that is acceptable to the Planning and Zoning Department, seconded by Ms. McCarthy.
Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mr. Schwartz - Yes; Ms.
McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote.
9.E. REQUEST FOR EXTENSION OF TEMPORARY CERTIFICATE OF
OCCUPANCY/LAKEVIEW BAPTIST CHURCH: Consider a request to allow the extension
request for a temporary certificate of occupancy for Lakeview Baptist Church to allow the use of
the fellowship hall and classroom, prior to construction of the stabilized sod parking area and
improvement to the south parking area.
Paul Dorling, Planning Director, stated that at its meeting of August 17, 1999, the
City Commission approved a request for a temporary certificate of occupancy for 18 months
(until February 17, 2001) for Lakeview Baptist Church to allow use of the fellowship hall and
classroom addition prior to construction of a required stabilized sod parking lot and associated
improvements. The church is requesting that the temporary certificate of occupancy be given an
additional 18 months before they have to install the stabilized sod parking lot. While the
church's seating capacity is currently at 375 persons, the congregation has decreased since the
expansions were approved and additional funding is needed to construct the improvement. In the
meantime the paved 93 parking spaces appear to be adequate to handle the current needs of the
congregation.
Commissioner Schwartz moved to approve the extension request for a temporary
certificate of occupancy for an additional 18 months (until August 17, 2002) for Lakeview
Baptist Church to allow the use of the fellowship hall and classroom, prior to construction of the
stabilized sod parking area and improvement to the south parking area, seconded by
Commissioner McCarthy. Upon roll call the Commission voted as follows: Mr. Schwartz -
Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with
a 4 to 0 vote.
-25-
02/20/01
9.F. REQUEST TO ALLOW A TEMPORARY OFFICE FACILITY AT
SHERWOOD PONTIAC: Consider a request to allow a temporary office facility at Sherwood
Pontiac, located on the west side of South Federal Highway, south of Linton Boulevard.
Paul Dorling, Planning Director, stated this request is in conjunction with a
development proposal for the Sherwood Pontiac development, which includes demolishing the
existing showroom/offices and service write-up building in order to construct a new
showroom/office and write-up building, associated parking and landscaping. Permits for
temporary modular buildings are not included within the list of allowable temporary uses
provided in LDR Section 2.4.6(H)(1), therefore approval of a waiver to allow this use from the
City Commission is required. Mr. Dorling stated the required findings of LDR Section
2.4.7(B)(5) are made in the Planning and Zoning staff report.
Commissioner Perlman moved to approve the request for a temporary use permit
for the placement of two modular buildings to allow temporary sales office and service facilities
on the Sherwood Pontiac Dealership property, subject to the conditions as set forth in the
Planning and Zoning staff report, seconded by Commissioner McCarthy. Upon roll call the
Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes;
Mr. Schwartz - Yes. Said motion passed with a 4 to 0 vote.
9.G. SPECIAL EVENT REQUEST FOR WALGREEN'S RED RIBBON RIDE:
Consider approval of the temporary use permit for the use of Anchor Park site and building for
the Walgreen's Red Ribbon Ride on April 1,2001.
Commissioner McCarthy moved to approve the temporary use permit for the use
of Anchor Park site and building for the Walgreen's Red Ribbon Ride on April 1, 2001 from
6:00 a.m. to 10:30 a.m., and approval of staff support for traffic control, barricade, and trash
container set up and removed, and contingent on the event sponsor providing a certificate of
insurance, hold harmless agreement and payment of overtime, if needed, seconded by Mr.
Schwartz. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr.
Perlman - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0
vote.
At this point, Ms. McCarthy requested an update regarding special events. Ms.
McCarthy stated she would schedule an appointment with Mr. Barcinski to discuss this matter.
9.H. APPOINTMENTS TO THE EDUCATION BOARD: Appoint two (2)
members to the Education Board to fill unexpired terms ending July 31, 2002. The appointments
will be made by Commissioner Archer (Seat #2) and Commissioner Schwartz (Seat #3).
Prior to the vote, Commissioner Perlman stated another resignation will be
forthcoming and cautioned the Commission that in the future when making an appointment to
this board, individuals applying to this board need to be made aware of how frequently the
meetings are and the high volume in terms of workload that comes along with being a member of
this board. Mr. Perlman suggested that the Commission look at possibly restructuring the
workload of this board.
-26-
02/20/01
Commissioner McCarthy moved to appoint William Heller as a regular member
to the Education Board to fill an unexpired term ending July 31, 2002, seconded by
Commissioner Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes;
Mr. Perlman - Yes; Mr. Schwartz - Yes; Mayor $chmidt - Yes. Said motion passed with a 4
to 0 vote.
Commissioner Schwartz moved to appoint Mimi Shapiro as a regular member to
the Education Board to fill an unexpired term ending July 31, 2002, seconded by Commissioner
Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mr. Schwartz -
Yes; Ms. McCarthy - Yes; Mayor $chmidt - Yes. Said motion passed with a 4 to 0 vote.
9oio
RELOCATION OF THE REGULAR CITY COMMISSION MEETING OF
MARCH 6, 2001: Consider moving the Regular City Commission Meeting of March 6, 2001 to
another location due to the Citrix Tournament.
The City Manager announced that Citrix expects to have some big name players
on Tuesday evening and are expecting a larger crowd. The matches will begin earlier then they
have in the past and parking is limited during the event. Since Veteran's Park is not available,
the City Manager suggested moving the Regular City Commission Meeting of March 6, 2001 to
Pompey Park Recreation Center.
It was the consensus of the Commission to relocate the Regular City Commission
Meeting of March 6, 2001 to Pompey Park Recreation Center located at 1101 N.W. 2nd Street,
Delray Beach.
9oJo
THIS ITEM HAS BEEN MOVED TO ITEM 9.A.A.
9.K. APPOINTMENT TO THE TENNIS FACILITIES TASK TEAM: Amend
Resolution No. 3-01 and appoint an additional member to the Tennis Facilities Task Team
representing the business community as recommended by the Chamber of Commerce.
Mayor $chmidt stated he wished to appoint Thomas E. Lynch as an additional
member to the Tennis Facilities Task Team representing the business community as
recommended by the Chamber of Commerce. Mr. Schwartz 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. Said motion passed with a 4 to 0 vote.
9.L. SETTLEMENT OFFER/SULLIVAN vs. CITY: Consider the acceptance of a
settlement offer in Sullivan vs. City, in the amount of $80,000.00.
The City Attorney stated that this case could go to trial and explained this case
involved an automobile accident and the plaintiff had previous neck surgery so it involves claims
of pre-existing injuries. Mr. Sullivan's wife is also alleging a loss of consortium claim. The City
Attorney stated when there are two claims or more the limit is $200,000. There was an offer of
judgment filed in this case in the amount of $100,000 in which the City Commission denied.
-27-
02/20/01
The City Attorney stated that medical expenses in this case are approximately $38,000, future
medical expenses are approximately $10,000-$20,000 and loss wages are approximately
$10,000.
At this point, the City Attorney noted that if the plaintiff receives $125,000 or
more, the City would have to pay their attorney's fees as part of the offer of judgment that the
City Commission rejected.
Mr. Schwartz moved to approve the settlement offer in Sullivan vs. City in the
amount of $80,000, seconded by Mr. Perlman. Upon roll call the Commission voted as follows:
Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mr. Schwartz - Yes. Said
motion passed with a 4 to 0 vote.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager.
As was mentioned in the Invocation, the City Manager announced that Alison
MacGregor Harty, City Clerk, is gravely ill and encouraged everyone to keep her in their
prayers.
With regard to the water main break that occurred over the weekend, the City is in
the process of figuring out who will be paying for all this. The City Manager stated that the
Construction Company (Mueller Construction) was not supposed to be working over the
weekend. The City Manager stated that there are issues about whether the Utility Locator
properly located the water main. The City Manager stated that the boil water area was reduced
considerably and there is further notice given to those people that are still being required to boil
water.
The City Manager explained that there was a 24-inch main and a 10-inch main
and Mueller Construction hit that connection. In addition, the City Manager stated that Mueller
Construction is arguing that the connection was never located to the line that ran north and south
connecting these two east/west lines.
The City Manager informed the Commission that for the past two years the
Environmental Services staff has been testing the clarifier and filter operations at the Water
Treatment Plant to determine whether the City could increase the capacity of the plant through
modifying the operation without decreasing the water quality. The testing has now been
completed for both the clarifier and the filter operations and the tests indicate the plant treatment
capacity can be increased from 25.2 million gallons per day to 30 million gallons per day
through modified operation with no capital improvement. On the basis of the test results, the
City is preparing a submittal to the Department of Environmental Protection for a permit
modification to recognize the additional treatment capacity.
-28-
02/20/01
13.B. City Attorney.
The City Attorney had no comments or inquiries.
13.C.
City Commission.
13.C.1. Commissioner Perlman stated that in the near future the Delray Soccer League
would be approaching the Commission about the issue of space because it is baseball season.
Although it is no longer soccer season, the Delray Soccer League has over 200 children in a
brazilian soccer program with a world renowned coach and a lot of children are squeezed onto
Miller Field. Mr. Perlman reiterated that the current issue is space and the long-term issue is that
the Delray Soccer League will be asking for a dedicated soccer facility. He urged the
Commission to contemplate a plan for them within Miller Field.
Commissioner Perlman feels that the City needs to implement a policy regarding
grants and suggested that something be worked out during the budget process so organizations
do not come to the City mid-year for grants.
Commissioner Perlman expressed his sadness over Alison MacGregor Harty's
condition and stated he has known her and her family for numerous years. Furthermore, Mr.
Perlman urged the Commission for support for the sake of her family.
13.C.2. Commissioner McCarthy echoed comments made by Commissioner Perlman
about Mrs. Harty's illness and feel she has always been a warm and compassionate person. Ms.
McCarthy suggested that something be done for Alison MacGregor Harty's family to help them
get through this difficult situation.
In regards to the recent South Florida Rainbow Tennis Classic Tournament, Ms.
McCarthy stated that the tennis competition was a great success. The players were pleased that
they had the opportunity to be in Delray Beach and are looking forward to holding another
tournament next year.
13.C.3.
Commissioner Schwartz
Commissioner Schwartz had no comments or inquiries.
13.C.4. Mayor Schmidt
Mayor Schmidt had no comments or inquiries.
There being no further business, Mayor Schmidt declared the meeting adjourned
at 10:15 p.m.
-29-
02/20/01
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 20,
2001, which minutes were formally approved and adopted by the City Commission on
City Clerk
NOTE TO READER:
If the minutes you have received are not completed as indicated above, this means they are not
the official minutes of the City Commission. They will become the official minutes only after
review and approval, which may involve some amendments, additions or deletions.
-30-
02/20/01
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 20,
2001, which minutes were formally approved and adopted by the City Commission on
City Clerk
NOTE TO READER:
If the minutes you have received are not completed as indicated above, this means they are not
the official minutes of the City Commission. They will become the official minutes only after
review and approval, which may involve some amendments, additions or deletions.
-30-
02/20/01