03-06-01MARCH C 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, March 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 Jim Atchison with Church of the Palms Congregational United Church
of Christ delivered the opening prayer.
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The Pledge of Allegiance to the flag of the United States of America was given.
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AGENDA APPROVAL:
Mayor Schmidt noted the additions of Item 8.M., Resolution No. 23-01, and
Item 8.N., Resolution No. 24-01 to the Consent Agenda by addendum.
The City Attorney requested that Item 8.A., Joint Participation and Proiect
Funding Agreement with Palm Beach County (Lake Ida Road Widening Proiect) be pulled
from the Consent Agenda.
Mr. Schwartz moved to approve the agenda as amended, seconded by Ms.
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.
APPROVAL OF MINUTES:
Mrs. Archer moved to approve the Minutes of the Special Meeting of January 23,
2001, 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.
Mrs. Archer moved to approve the Minutes of the Special Meeting of February
27, 2001, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr.
Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer -
Yes. Said motion passed with a 5 to 0 vote.
03/06/01
6. PROCLAMATIONS:
6.A.
Girl Scout Week - March 11 - March 17, 2001
Mayor Schmidt noted a proclamation proclaiming the week of March 11-17, 2001
as Girl Scout Week. He stated that Girl Scout members nationwide would be celebrating 89
years of an American tradition.
PRESENTATIONS:
7.A.
Government Finance Officers Association - Certificate of Achievement for
Excellence in Financial Reporting.
The Government Finance Officers Association (GFOA) presented the Finance
Department with a Certificate of Achievement for Excellence in Financial Reporting for the
Comprehensive Annual Financial Report for the fiscal year ended September 30, 1999.
Joseph Safford, Finance Director, came forward to accept the plaque and
announced that the Finance Department has received recognition from the GFOA for seventeen
consecutive years.
CONSENT AGENDA: City Manager Recommends Approval.
8.A.
THIS ITEM HAS BEEN PULLED FROM THE AGENDA.
AGREEMENT AMENDMENT/PALM BEACH LAUNDRY & LINEN
SERVICE: Approve an amendment to the agreement with Palm Beach Laundry & Linen
Service and transfer of contract to Linens of the Week resulting from a merger of two linen
companies.
8.C. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2001-01:
Formally initiate Comprehensive Plan amendment 2001-01 pursuant to Section 9.2.1 of the Land
Development Regulations.
8.D. REMOVED
8.E. SE 10th STREET SIDEWALK WAIVER: Accept a sidewalk waiver from New
Millennium Builders, Inc. for 715, 713, and 709 SE 10th Street, located in Rio Del Ray Shores
Subdivision. Pursuant to Section 6.1.3(D)(1)(b) of the Land Development Regulations.
8.F. SOD REPLACEMENT/OLD SCHOOL SQUARE: Approve a bid award
(under Palm Beach County Contract bid #99-186), to Odum Sod, Inc. in the amount of
$17,600.00 for sod replacement at Old School Square. Funding is available in 334-6112-519-
46.90 (Other Repair/Maintenance Costs).
8.G. FUNDING SUBSIDY UNDER DELRAY BEACH RENAISSANCE
PROGRAM: Approve a funding subsidy in the total amount of $20,000.00 for two (2) income
eligible applicants under the Delray Beach Renaissance Program, with funding from 118-1924-
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03/06/01
554-83.01 (SHIP Program), representing the ll8th homeownership assistance grant provided
through the program to-date.
8.H. FUNDING SUBSIDY UNDER DELRAY BEACH RENAISSANCE
PROGRAM: Approve a funding subsidy in the total amount of $19, 000.00 to one (1) income
eligible applicant under the Delray Beach Renaissance Program, with funding from 118-1924-
554-83.01 (SHIP Program), representing the l l9th homeownership assistance grant provided
through the program to-date.
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REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period February
20th through March 2, 2001.
8.J. RESOLUTION NO. 21-01 AND RESOLUTION NO. 22-01: Approve
Resolution No. 21-01 which strongly supports the Florida League of Cities' 2001 Legislative
Action Agenda and Resolution No. 22-10 strongly supporting the Palm Beach County League of
Cities' 2000-2001 Legislative Issues & Priorities Agenda.
The caption of Resolution No. 21-01 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, STRONGLY SUPPORT1NIG
THE FLORIDA LEAGUE OF CITIES' 2001 LEGISLATIVE
ACTION AGENDA.
(The official copy of Resolution No. 21-01 is on file in the City Clerk's office.)
The caption of Resolution No. 22-01 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, STRONGLY SUPPORTINIG
THE PALM BEACH COUNTY LEAGUE OF CITIES' 2000-2001
LEGISLATIVE ISSUES & PRIORITIES AGENDA.
(The official copy of Resolution No. 22-01 is on file in the City Clerk's office.)
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AWARD OF BIDS AND CONTRACTS:
Purchase award in the amount of $18,898.00 to Data Flow Systems (sole
source) for the purchase of Telemetry equipment associated with the
rehabilitation of Lift Station #31. Funding is available from 442-5178-
536-61.83 (Lift Station Conversion to Submersible).
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Purchase award in the amount of $20,563.00 to Southeastern Pumps for
pumps and related equipment for the rehabilitation of Lift Station #31.
Funding is available from 442-5178-536-61.83 (Lift Station Conversion to
Submersible).
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03/06/01
Bid award in the amount of $142,870.00 to JMW Construction Corp. for
the pool and bathhouse renovations removal/design-replacement at the
Delray Swim and Tennis Club. Funding is available from 117-4133-572-
63.90 (Lavers International Resort Pool).
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Purchase award in the amount of $28,210.00 to Dell E Com for computer
hardware for various departments as approved during the FY00-01 budget
process. Purchase is under State Contract #250-040-99-1. Funding is
available from 334-61112-519-64.11 (Renewal and Replacement).
8.L. EMERGENCY PURCHASE AWARD/NEC BCS (EAST) INC.: Approve an
emergency purchase award in the amount of $27,512.80 to NEC BCS (East) Inc., for hardware &
cabling for the Communication Dispatch Center at the Police Department.
Mr. Schwartz moved to approve the Consent Agenda as amended, seconded by
Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor
Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion
passed with a 5 to 0 vote.
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REGULAR AGENDA:
9.A. PERMANENT STREET CLOSURE: Consider a request for permanent closure
of a portion of NE 1st Avenue right-of-way, between Atlantic Avenue and NE 1st Street,
associated with the expansion of Old School Square.
Paul Dorling, Planning Director, stated the closure of a 50' x 320' (approximate)
portion of the N.E. 1st Avenue right-of-way. The closure is being requested in order to
accommodate the expansion of the Old School Square facility. Expansion plans include the
construction of an outdoor bandshell/amphitheater and ancillary support structures (concession
stand, rest rooms, south & lighting building, loggia, etc.). A portion of the seating area will be
located within the N.E. 1st Avenue right-of-way. A site plan modification is currently in process
for the described expansion.
The proposed closure will eliminate 27 on-street parking spaces. However, three
spaces will be gained with a resulting minor reconfiguration of the CRA parking lot, for a net
loss of 24 parking spaces.
At its meeting of February 26, 2001, the Planning and Zoning Board considered
the request at a public hearing. One person from the public spoke against the closure. After
reviewing the staff report the Board had an extended discussion centering on issues, such as: the
appropriateness of closing the street at this time, the fact that there is no guarantee that future
phases of the master plan (specifically the parking garage) will ever come to fruition, and the
loss of 24 parking spaces in the downtown. Board member Lloyd Hassner made a motion to
recommend approval of the street closure of NE 1 st Avenue, with the attached recommendations:
1) The street not be closed until construction of the bandshell begins, and 2) Encourage the City
Commission to convert the one-way pairs (NE 1st St. & S.E. 1st St.), back to two-way traffic.
The motion failed on a 3 to 3 vote.
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03/06/01
Jose Aguila~ architect for Robert G. Currie Partnership~ Inc. stated that all
the development boards have reviewed this request. In every case, with the exception of the
Planning and Zoning Board and after some discussion they all voted to approve the request for
the permanent closure of a portion of NE 1st Avenue right-of-way. Mr. Aguila stated the
Planning and Zoning Board voted 3 to 3 because from his perspective they were not only
concerned with the parking loss but also the road closure and why it was essential to the overall
plan. Two of the dissenting votes were not aware of the future master plan. Mr. Aguila stated he
was unsure whether or not to bring those plans to the Planning and Zoning Board meeting.
However, Mr. Aguila stated he has the plans in the event the Commission would like to review
the proposed phasing. In earlier discussion staff concluded that since it was not part of this first
phase request and asked that those master plans not be brought to the meeting. In retrospect, Mr.
Aguila feels this was a mistake and he is convinced that had those Board members had seen the
overall picture they may have voted to recommend approval of the closure. The master plan for
the expansion of Old School Square is a result of a two-day Charrette, which will be attended by
numerous interested citizens, CRA members, Old School Square staff, City staff, and other
community leaders.
The master plan has been developed on the assumption that Old School Square
would expand east as the only logical way to expand. This expansion is consistent with the
Comprehensive Plan and general desire to maintain Old School Square as the local cultural
center for Delray Beach.
Without the road closure, the bandshell/amphitheater will not be appropriate
where it is. Mr. Aguila explained that if the bandshell is relocated or reduced in size it would not
work as efficiently or effectively for a lot of technical reasons. A new proposal has been
suggested which would reduce the overall parking loss to only eight spaces instead of 24 spaces.
Mr. Aguila stated the road closure would still need to be granted for the bandshell.
Mr. Perlman inquired about the construction of the bandshell and asked when the
construction will begin? In response, Mr. Aguila stated that the construction would begin in
November 2001. Mr. Perlman asked the agent if they could wait until construction begins before
considering permanent closure of the street. Mr. Aguila stated that they could absolutely wait
until construction begins and noted that they never had any intentions of closing the street before
the start of the construction.
Mrs. Archer stated she admires the proposal to leave a section of the street open
for additional parking. However, with regard to the bandshell, Mrs. Archer asked Mr. Aguila if
that section of the street is going to be closed for staging when the bandshell is being used? Upon
question from Mrs. Archer, Mr. Aguila stated that this does not necessarily have to be the case.
Joe Gillie~ Director of Old School Square~ stated there is a loading dock already
in place behind the theatre and we proposed a loading dock that goes into the bandshell. He
stated it could get a little tricky if there is an activity going on inside the theatre. The only thing
that would be on the stage would be large equipment. Mr. Gillie stated they could load up to that
and the truck could be moved away at any time. Mrs. Archer asked if this is temporary until
such time that the parking facility be built? Mr. Gillie informed Mrs. Archer that this is the plan.
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03/06/01
Mr. Aguila stated that they anticipate at least three to four hundred spaces in this
parking garage. Mrs. Archer inquired about the proposed time flame for this project. Mr. Gillie
stated that this is an issue because they do not own the property that they are proposing to build
on so there is a lot of negotiations to be worked out. Mr. Gillie stated he realizes that parking is
at a premium because they experience parking problems every weekend for events held at Old
School Square. For example, with regard to the Citrix Tournament this weekend they are valet
parking the entire three performances for their patrons because there is no place for them to park.
Mr. Gillie emphasized that Old School Square is a cultural arts center but he would certainly
consider working together in a public/private partnership to make this happen. He stated that
two most important issues are the bathrooms and parking. After this first phase is completed,
Mr. Gillie stated the goal is to try and get a parking garage built within the next three years. Mr.
Gillie is hopeful that within a period of three years of completing this, they will be well on their
way to figuring out a solution to the parking situation and then at that point they can begin Phase
II.
Discussion by the Commission ensued.
Mrs. Archer expressed concern if Mr. Gillie has plans to proceed with completing
an entire development like this it may be wise to present the parking proposal to the builder. Mr.
Gillie explained that there would be a park area and the parking garage would be in Phase II of
the project. Phase III would be the museum building which Mr. Gillie anticipates to be
approximately five to ten years.
Ms. McCarthy inquired whether or not this would be a temporary street closure or
a permanent street closure. Mr. Aguila explained this is a permanent street closure because they
want to remove the asphalt and raise it to an open green area all the way to the East side of the
N.E. 1st Street.
Mr. Schwartz expressed concern regarding blocking the access to the Old School
Square Bread Factory parking lot. He stated that the diagram presented by Mr. Aguila is not
accurate. Mr. Schwartz stated he is very much in favor of the bandshell but has serious
trepidation about closing offN.E. 1st Avenue except on the temporary basis for an event.
Mayor Schmidt stated he does not see this affecting traffic circulation as
proposed. He stated that he avoids N.E. 1st Avenue because he finds it difficult to cross Atlantic
Avenue. In addition, Mayor Schmidt commented about the new plan and feels that the
northernmost parking needs to be changed because the stripping is incorrect and suggested that
the agent re-look at the angle.
Mrs. Archer moved to approve the request of the street closure with the modified
plans, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor
Schmidt; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes.
Said motion passed with a 5 to 0 vote.
9.B. REQUEST TO ALLOW A TEMPORARY OFFICE FACILITY: Consider a
request from Lang Construction to allow a temporary modular building for use as a temporary
office facility at 3185 South Congress Avenue (former Florida Vehicle Inspection Building),
located on the east side of South Congress Avenue, north of L-38 Canal.
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03/06/01
Paul Dorling, Planning Director, stated the applicant is requesting the placement
of one 1,440 square foot temporary modular building on the property for use as an office for a
period of one (1) year while the proposed building improvements are being implemented. The
use of a temporary modular building will provide the facilities necessary in order to establish
business operations, as well as act as a construction office during the renovation period.
Permits for a temporary modular building 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.
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving
body must make a finding that granting the waiver:
(a)
(b)
(c)
(d)
Shall not adversely affect the neighboring area;
Shall not significantly diminish the provision of public facilities;
Shall not create an unsafe situation; and
Does not result in the grant of a special privilege in that the same waiver would be
granted under similar circumstances on other property for another applicant or owner.
Mr. Dorling stated the recommendation is to approve the temporary use permit for
the placement of one modular building to allow a temporary office facility on the Lang
Construction and Maintenance property, based upon positive findings with respect to LDR
Section 2.4.7(B)(5), subject to the following conditions:
2.
3.
4.
That a site plan modification be processed and approval obtained from the Site Plan
Review and Appearance Board;
That the modular building not be installed until a building permit is issued for the
proposed building renovation;
That the modular unit be removed after a period of one (1) year from the time of
installation; and,
That the site is fully restored in compliance with the approved site plan and landscape
plans once the modular building is removed.
Mr. Schwartz moved to approve a Temporary Use Permit for the placement of
one modular building to allow a temporary office facility on the Lang Construction and
Maintenance property, based upon positive findings with respect to LDR Section 2.4.7(B)(5),
subject to the conditions as listed on Page Two of the Planning and Zoning Staff Report,
seconded by Ms. 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.
9.C. PARKING LOT NAMING: Consider approval of the proposed list of names for
City Parking Lots proposed by the Downtown Development Authority as part of the Phase
Wayfinding (decorative) sign project.
Robert A. Barcinski, Assistant City Manager, stated this is being presented to the
Commission to consider approval of the proposed list of names for City Parking Lots being
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03/06/01
proposed by the Downtown Development Authority as part of the Phase II Wayfinding
(decorative) sign project.
In developing the final signage package for the Phase II Wayfinding/Directional
sign program, it was suggested that City parking lots be given formal names. The purpose of
naming the lots was (1) to provide standardization and (2) to help visitors find lot locations. It
was noted that except for most of the beach lots, different people referred to the lots by different
names.
The Downtown Development Authority had requested suggestions for names
from Delray Beach Historic Preservation Board. The Historic Preservation Board made
recommendations except for three of the lots. Mr. Barcinski referred to the memorandum dated
February 21, 2001, from Marjorie Ferrer, Executive Director of the Downtown Development
Authority, and explained that for the proposed parking lot name for #3 - Marriott North lot, is
"Beach". Originally the name "Orange Grove" was recommended. As for #9 - CRA lot
(Craige's), the recommendation was "Ocean City" and the change name is "Old School Square".
The recommendation for #11 - CRA lot (Dunkin Donuts) was "Farmer's Market" but is now
"Monterey House".
Staff is recommending consideration of approval of the recommended parking lot
names as presented by the Downtown Development Authority accepting the Historic
Preservation Boards recommendation for Lot's #3, #9, and 11.
Mr. Perlman moved to approve the proposed list of names for City Parking Lots
proposed by the Downtown Development Authority as part of the Phase II Wayfinding
(decorative) sign project with the name change for #3 (Marriott North parking lot) from "Beach"
to "Orange Grove", seconded by Mrs. Archer. Upon roll call the Commission voted as follows:
Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr.
Perlman - Yes. Said motion passed with a 5 to 0 vote.
9.D. SETTLEMENT OFFER/JENKINS v. CITY: Consider the acceptance of a
settlement offer in the Jenkins v. City, in the amount of $87,500.00.
The City Attorney stated the City is currently in litigation regarding the above
referenced case. Mr. Jenkins, through his attorney has offered to settle this case for $87,500.00,
inclusive of attorney's fees and costs. The City Attorney recommends the denial of this offer.
Mr. Schwartz moved to deny the settlement offer in Jenkins v. City, in the amount
of $87,500.00, 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 to deny passed with a 5 to 0 vote.
9.E. APPOINTMENT TO DELRAY BEACH HOUSING AUTHORITY: Appoint
one (1) member to the Delray Beach Housing Authority for an unexpired term ending March 6,
2002. The appointment will be made by Commissioner Schwartz (Seat #3).
Mr. Schwartz moved to appoint Morris L. Weinman as a member to the Delray
Beach Housing Authority for an unexpired term ending March 6, 2002, seconded by Mrs.
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03/06/01
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.
0.F.
APPOINTMENTS TO THE DELRAY BEACH DOWNTOWN
DEVELOPMENT AUTHORITY: Appoint two (2) members to the Delray Beach Downtown
Development Authority for unexpired terms. The appointments will be made by Commission
Schwartz (Seat #3, term ending July 1, 2002) and Commissioner McCarthy (Seat #4, term
ending July 1, 2003).
Mr. Schwartz moved to appoint Louis J. Carbone as a member to the Delray
Beach Downtown Development Authority for an unexpired term ending July 1, 2002, seconded
by Mrs. Archer. 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.
Ms. McCarthy moved to appoint George Maso as a member to the Delray Beach
Downtown Development Authority for an unexpired term ending July 1, 2003, 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.
9.G. LIEN REVIEW ADVISORY COMMITTEE RECOMMENDATIONS:
Consider approval of the Lien Review Advisory Committee's recommendations concerning
outstanding liens on various city properties.
Lula Butler, Director of Community Improvement, stated this item is before the
Commission to consider the acceptance of the recommendations by the Lien Review Advisory
Committee concerning the disposition of outstanding liens with the exception of one.
The Committee recommended that David Hargrove be allowed to satisfy
$7,875.00 in liens by paying $1,000.00 within seven days of receiving notice. Mr. Hargrove was
"incapacitated" because he was in prison. Therefore, the Code Enforcement Administrator
indicates that the City is out of pocket $3,301.02 for nuisance abatement and building demolition
on this property.
Ms. McCarthy moved to approve that Mr. Hargrove be responsible for paying
$3,301.02 to the City within a twelve month period, and other recommendations by the Lien
Review Advisory Committee as listed in the staff report, 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.
At this point, the time being 6:55 p.m., the Commission moved to Item 12, First
Readings portion of the agenda.
12.
FIRST READINGS:
12.A.
ORDINANCE NO. 19-01: An ordinance amending the Future Land Use Map
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from County MR-5 (Medium Density Residential 5-12 du/ac) to City LD (Low Density
Residential 0-5 du/ac) and associated annexation with initial zoning of R-i-AAA for the Priest
Property, located at the northwest corner of Barwick Road and L-31 Canal. If passed, a quasi-
judicial hearing will be scheduled for March 20, 2001.
The City Manager presented Ordinance No. 19-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE
NORTHWEST CORNER OF BARWICK ROAD AND L-31
CANAL, AS MORE PARTICULARLY DESCRIBED HEREIN,
WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL
LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL
LAND USE DESIGNATION OF LD (LOW DENSITY, 0-5
UNITS/ACRE) FOR SAID LAND TO THE FUTURE LAND USE
MAP AS CONTAINED IN THE COMPREHENSIVE PLAN;
ELECTING TO PROCEED UNDER THE SINGLE HEARING
ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO
R-l-AAA (SINGLE FAMILY RESIDENTIAL) DISTRICT;
PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 19-01 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Planning Director, stated the subject property is currently located in
unincorporated Palm Beach County and has an AR (Agricultural Residential) zoning
designation. The property is located within the City's Planning Area (Future Annexation Area)
and the owner is seeking voluntary annexation at this time. The 1.01-acre property contains an
existing 3,820 square foot two-story single family home and a detached 1,204 square foot
cottage. The applicant is seeking annexation into the City to obtain City water service.
The Planning and Zoning Board held a public hearing in conjunction with the
requests on February 26, 2001, and after reviewing the staff report and discussing the proposal,
the Board voted unanimously to recommend that the requests be approved, based upon positive
findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(D)(5) of the Land
Development Regulations, and policies of the Comprehensive Plan.
Mayor Schmidt stated if this item is passed, a quasi-judicial hearing will be held
on March 20, 2001.
Mr. Schwartz moved to approve Ordinance No. 19-01 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Schwartz -
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Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said
motion passed with a 5 to 0 vote.
12.B. ORDINANCE NO. 18-01: A City initiated ordinance correcting Future Land
Use Map from MD (Medium Density Residential 5-1 du/ac) to GC (General Commercial) and
associated rezoning from RM (Medium Density Residential) to GC (General Commercial) for a
parcel of land located on the west side of NE 7th Avenue, approximately 90 feet north of George
Bush Boulevard. If passed, a quasi-judicial hearing will be scheduled for March 20, 2001.
The City Manager presented Ordinance No. 18-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, CHANGING THE
FUTURE LAND USE MAP DESIGNATION IN THE
COMPREHENSIVE PLAN FROM MD (MEDIUM
DENSITY RESIDENTIAL 5-12 UNITS/ACRE) TO GC
(GENERAL COMMERCIAL) DISTRICT, AND
REZONING AND PLACING LAND PRESENTLY ZONED
RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO
GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND
BEING A PARCEL OF LAND LOCATED ON THE WEST
SIDE OF N.E. 7TM AVENUE, APPROXIMATELY 120'
NORTH OF GEORGE BUSH BOULEVARD, AS MORE
PARTICULARLY DESCRIBED HEREIN; ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION
PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS; AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, 2000"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 18-01 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Planning Director, stated the subject property is the south half of
Lot 12, Block 2, Sophia Frey Subdivision, which is zoned RM (Medium Density Residential).
The property is currently vacant, except for the encroachment of back-out parking and a
dumpster associated with the Sail Inn on the east 5' of the property. Mr. George Nagle, who
owns a portion of Lot 11 to the south is currently zoned GC (General Commercial). The balance
of the property, approximately 14.96' x 34.35', is owned by the Sail Inn, which also owns the
east 34.35' of Lot 11, zoned GC (General Commercial).
The Planning and Zoning Board held a public hearing in conjunction with the
request on February 26, 2001. Two residents to the north and east of the property on N.E. 7th
Avenue were concerned with future proposals to extend the commercial zoning north of the
subject property into the neighborhood. The residents were informed this is a corrective
rezoning for a 25' wide area and that any future requests for rezoning will require a public
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hearing and notification to all properties within a 500' radius of the property to be rezoned. The
Board then voted unanimously to recommend approval of the corrective FLUM amendment from
MD to GC and rezoning from RM to GC.
Mayor Schmidt announced that if this item is passed, a quasi-judicial hearing will
be held on March 20, 2001.
Mr. Perlman moved to approve Ordinance No. 18-01 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 passed with a 5 to 0 vote.
At this point, the City Commission moved to Item ll.A., City Manager's
response to prior public comments and inquiries.
ll.A.
City Manager's response to prior public comments and inquiries.
In response to Mr. Franciosa's prior recommendation to reduce the City's hiring
standards in the Police Department, the City Manager explained that in 1988-89 the City tried to
reduce the standards for the Police Department and all that resulted from this were numerous
lawsuits. He stated that other cities have experienced very similar problems and feels it would
be a serious mistake if the City of Delray were to lower its hiring standards in the Police
Department.
At this point, the time being 7:00 p.m., the City Commission moved to the duly
advertised Public Hearings portion of the agenda.
10.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 16-01: An ordinance amending Chapter 33, "Police and Fire
Departments", Subheading "Pensions", of the City Code to provide for the change in the
investment parameters for common or capital stock in the Police and Fire Pension Plan. 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. 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,
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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.
Mayor Schmidt declared the public hearing open. There being no one who
wished to address the Commission, the public hearing was closed.
Discussion by the Commission ensued.
Mr. Schwartz moved to adopt Ordinance No. 16-01 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor
Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy -
Yes. Said motion passed with a 5 to 0 vote.
10.B. ORDINANCE NO. 17-01 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending the Land Development Regulations regarding parking requirements in
the CBD (Central Business District) zone district to accommodate required parking 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 March 20, 2001. Prior to
consideration of passage of this ordinance on First Reading and First Public Hearing, a public
hearing has been scheduled to be held at this time.
The City Manager presented Ordinance No. 17-01:
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 SUBSECTION 4.4.13(G),
"SUPPLEMENTAL DISTRICT REGULATIONS",
AMENDING SECTION 4.6.9, "OFFSTREET 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 SUBSECTION 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
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TANDEM PARK1NG ARRANGEMENTS; PROVIDING A
SAVING CLAUSE A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 17-01 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.
In addition, the City Attorney noted that on page three of the ordinance there is a
change. She clarified that under Section 4.6.9(F)(3) Special Provisions regarding Valet Parking;
the language needs to be added to reflect the following:
"Valet Parking: A parking facility with a valet service or operator
which allows for attendants to receive, park and deliver the
automobiles of occupants, tenants, customers, invitees, and
visitors, including tandem parking and parking appliance system
(mechanical lift), may be utilized if allowed by Section
4.4.13(D)(16) and provided the following requirements are
complied with:"
Therefore, the City Attorney stated the words "in lieu of the requirements of this
Section" should be deleted. This will help to make it absolutely clear that tandem parking
applies only to those permitted areas and uses.
Paul Dorling, Planning Director, stated Ordinance No. 17-01 was before the
Commission on February 6, 2001, at which time the ordinance failed because the Commission
had concerns with tandem parking in multiple family developments as well as the noise that
would be generated by the parking appliance/lift systems. Staff visited a site in Miami, which
utilizes a parking appliance lift system, and video recorded the lifts in operation. At the City
Commission Workshop meeting of February 27th, the video was presented and revealed that the
noise generated by the raising and lowering of the lifts is minimal and the noise generated by the
hydraulic motor was similar to that of an air conditioner compressor.
Based upon Commission's concerns, the attached ordinance has been modified to
eliminate the provision to allow tandem parking in multiple family developments and a provision
has been added which requires the lift motor to be encased by a sound proofing system, which
must include acoustical foam panels a minimum 4" thick. With regard to providing a roof over
the lift system area, it seems appropriate to address this on a case-by-case basis. The proposed
text requires a decorative wall to screen vehicles and mechanical equipment when a parking lift
system is used. When a parking appliance system facility abuts a residential development or
property zoned residential, a 10' landscape buffer shall be provided. Through the conditional use
process additional requirements may be imposed to ensure compatibility with adjacent properties
and a provision has been added to reinforce the requirement according to LDR Section 2.4.4(C).
Discussion by the Commission followed.
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Mr. Perlman suggested postponing consideration of this ordinance until the
Regular City Commission Meeting of May 1,2001, after the Downtown Business Area Steering
Committee Charrette.
Mr. Schwartz concurred with Mr. Perlman and feels those residents and people
from around the community should be given the opportunity to give their input regarding this
ordinance.
Mayor Schmidt declared the public hearing open.
John Bennett~ speaking on behalf of the Beach Property Owners' Association
(BPOA), expressed his support for continuing this ordinance to the Regular City Commission
Meeting of May 1, 2001.
Mr. Bennett made reference to Subparagraph 4.6.9(F)(3)(b) Special Provisions in
the ordinance where it states: "There is a parking professional available for the vehicle retrieval
during business hours." He stated this is not entirely clear and recommended that this be
clarified to be more specific. In addition, Mr. Bennett asked for clarification regarding
Subparagraph (F)(3)(d) of the ordinance.
As for the decorative walls, Mr. Bennett stated he is quite confident that the walls
will be decorative and is quite happy to see the sound proofing provisions are being added to the
ordinance. However, Mr. Bennett requested that during the conditional use process the
Commission mandate a check to the actual noise levels. The precedent to this would be the
Worthing Place garage survey mandated to see if the garage was actually going to be used by
people other than people who were using the retail or guest parking spaces.
There being no one else who wished to address the Commission, the public
hearing was closed.
Mr. Perlman moved to continue the public hearing of Ordinance No. 17-01 to the
May 1, 2001 Regular City Commission Meeting at 7:00 p.m., seconded by Ms. 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.
At this point, the City Commission moved to Item ll.B., Comments and
Inquiries on Non-Agenda Items from the Public.
11.B. From the Public.
ll.B.1. Ruth Silvermam resident of Rainberry Lake and Secretary of the Rainberry
Lake Homeowners' Association~ expressed concern regarding the cutting of 1900 healthy trees
in Delray and feels the Commission should take an active part in seeing that this not be allowed.
ll.B.2. Henry Williams~ 310 N.W. 3ra Avenue~ expressed concern over the citrus canker
and feels there is no reason that the healthy trees in his yard need to be cut down. He echoed
comments made by Ms. Silverman and concur that the City should take an active part in seeing
that the healthy trees in Delray are not cut down.
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ll.B.3. Jack Haire~ resident of Fort Lauderdale~ expressed concern over the cutting of
trees in the area and stated a total of 600,000 trees have been lost. He stated that perhaps the
Judge will have some input on this, but currently this is restricted to the Delray Shores area and
Rainberry area. He stated there are 760 trees in the 1900-foot radius and stated his wife wrote a
letter to the City regarding an article in the paper and within the article it stated that "the
homeowners noticed spots on the leaves of their trees". She noted in her letter to the City that if
this is such a devastating disease and spreads like wildflower as the Department of Agriculture
claims, then why are the trees next to the affected tree healthy as well as the surrounding 700
trees? Mrs. Haire also asked the City how they could let this happen and loose beautiful healthy
producing citrus trees. He asked for the City's legal support regarding this issue.
ll.B.4. Kenneth Gra¥~ resident of Delra¥ Shores~ expressed concern over a notice he
received from the County that his tree needed to be cut down. He hired a professional to come to
his residence who found no evidence of citrus canker. Therefore, Mr. Gray stated since there
appears to be no problem with his tree, he does not want to see it cut down.
ll.B.5. Fred Love~ 315 N.W. 18th Street~ stated there is no doubt that the citrus industry
in the State of Florida are trying to protect the industry and are very vocal. Mr. Love stated there
is no reason why 1900 healthy trees should be cut down if citrus canker does not exist among
them. He urged the City to join together with other counties to assure that there is a uniform
policy to protect citizens in situations such as these.
ll.B.6. Bob Lindemuth~ 2745 Azalea Court~ expressed concern of the citrus canker
issue and stated that in the past when families had farms and there was a problem with the crops
things were just left because that was the cost of doing business. Mr. Lindermuth stated these
days huge corporations own these farms and all of sudden it is up to the taxpayers to support
their industry through tax dollars, the millions of dollars it is costing through the eradication
program, and through the loss of our own trees. He echoed Mr. Love' s comments and reiterated
that this is just a way for big corporations to profit at the expense of the taxpayers and implored
the Commission to get a court ruling to stop these trees from being cut.
ll.B.7. Louis Thompsom 2590 Dolphin Drive~ expressed concerns over the citrus
canker issue and noted he has checked his trees and has found nothing wrong with them.
ll.B.8. Alice Finst~ 707 Place Tavant~ stated that looking at the 1900-foot radius that
goes into Sudan subdivision and into Highpoint subdivision, there are an incredible number of
citrus trees within this small area. Ms. Finst commented about the five-day injunction to
temporarily delay this, but at this point she feels this issue involves more than just two
homeowners' associations and their private attorneys. She feels the City of Delray needs to take
a stand on behalf of the citizens because thousands of trees are in danger if this is not stopped.
Ms. Finst encouraged the Commission to act on this immediately by placing this issue either on
the next workshop agenda or by holding a special meeting so that a plan may be worked out.
ll.B.9. John Bennett~ speaking on behalf of PROD~ expressed concern over the citrus
canker issue and understands that there may be some standing issues preventing direct action.
Mr. Bennett feels something needs to be done to get to the bottom of the truth because there are
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so many incorrect rumors floating around. Mr. Bennett feels there may be a conflict of interest
and stated that perhaps the City could talk to the State.
With regard to the water surcharges, Mr. Bennett explained that someone he
knows is close to the 15 thousand gallon per month limit whereas a 30% surcharge kicks in per
City Ordinance. He stated this information was printed in the "News for Neighborhoods" flyer
which many people do not receive. Therefore, Mr. Bennett feels that since this issue of
conserving water is of such great importance, the public should be better informed and given
advanced notice whenever there is a substantial increase.
Mr. Bennett stated he felt the Annual Town Hall Meeting was poorly attended.
He feels that in the future the City may want to consider erecting signs in the medians to better
inform people of the annual meeting.
ll.B.10. Odessa McDonald~ 556 Cortez Land~ expressed concern over the County
coming to her residence to survey the trees on her property. She stated a notice was left at her
doorstep stating that her trees do not have any sign of canker. Ms. McDonald is agreeable to the
fact that if canker is found in her trees then the trees should be cut. However, she stated if there
is no canker found in her trees then she does not want to see her trees cut.
ll.B.11. Marian Hendersom resident of Fort Lauderdale, discussed concerns regarding
the citrus canker and handed out material explaining the history of this issue. Ms. Henderson
urged the Commission to not allow the residents of Delray Beach to suffer the fate of so many
people in Dade and Broward County. Furthermore, she stated that Dr. Whiteside (Scientist) is
available as an expert witness if the City feels the need for his assistance.
ll.B.12. Cesar del Campo~ resident of Pompano Beach~ respectfully suggested that the
Commission take the same course of action as they did in Broward County and that is to ask the
City Attorney to seek an injunction. He feels it is still early enough for the City of Delray to do
something in order to prevent the loss of more trees.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager.
The City Manager had no comments or inquiries.
13.B. City Attorney.
Regarding the Citrus Canker issue and the City seeking an injunction, the City
Attorney stated the City has collected a lot of material with pleadings from various jurisdictions.
The City Attorney announced that the City of Pompano Beach alleged they had some citrus trees.
For standing purposes, the City Attorney stated there are other allegations standing that are in
conjunction with their claim that they have fruit trees themselves.
Mr. Perlman commented as to whether the City would have standing because of
the citrus trees in the City's right-of-ways.
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Jay Jambeck, Assistant City Attorney and representing the City stated there are
different angles the City could take. However, there is an argument that the State could make as
well. Mr. Jambeck stated that at this point this is an open issue.
Looking at this issue from another viewpoint, Mr. Schwartz stated that if these
trees are cut down and this damages the esthetic values and practical values of our homeowners
it is going to effect the assessed value of these homes, and therefore, will affect the City directly
and the rest of the citizens of the City. Mr. Schwartz inquired as to whether or not the City could
make a case on this basis.
The City Attorney suggested to the Commission that staff could look this matter
further if they so desire.
Mayor Schmidt recommended that the Commission have a special meeting before
the workshop meeting next week.
Ms. McCarthy announced that if residents are receiving green notices from the
County they should collect the notices and record the date they are received.
Mr. Perlman inquired about the five-day injunction period and whether or not that
means five business days or five calendar days. Mrs. Silverman stated that in court today the
Judge stated that because there was no instructions in Creole and the people in Delray Shores did
not understand English or Spanish, they had five days to get the information to them in Creole.
Mr. del Campo reiterated that the residents in the Delray Shores area have five calendar days to
appeal and after those five days the trees can be cut down.
Discussion by the Commission ensued.
It was the consensus of the Commission to hold a special meeting on Monday,
March 12, 2001 at 7:30 a.m. at City Hall regarding the Citrus Canker issue in Delray Beach.
13.C.
13.C.1.
City Commission.
Commissioner Perlman
Commissioner Perlman had no comments or inquiries.
13.C.2.
Commissioner Archer
Commissioner Archer had no comments or inquiries.
13.C.3.
Commissioner McCarthy
Commissioner McCarthy stated that the director of the Citrix Tournament
presented the City with two crystal bowls in appreciation for allowing them to hold the event in
Delray Beach.
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13.C.4. Commissioner Schwartz
Commissioner Schwartz noted the vast importance of the Girl Scouts and Boy
Scouts organization in the United States and emphasized the significance of what these two
organizations do for our youth.
13.C.5. Mayor Schmidt
Mayor Schmidt had no comments or inquiries.
at 8:00 p.m.
There being no further business, Mayor Schmidt declared the meeting adjourned
ATTEST:
Acting 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 March 6, 2001,
which minutes were formally approved and adopted by the City Commission on
Acting 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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03/06/01
13.C.4. Commissioner Schwartz
Commissioner Schwartz noted the vast importance of the Girl Scouts and Boy
Scouts organization in the United States and emphasized the significance of what these two
organizations do for our youth.
13.C.5. Mayor Schmidt
Mayor Schmidt had no comments or inquiries.
There being no further business, Mayor Schmidt declared the meeting adjourned
at 8:00 p.m.
ATTEST:
MAYOR
Acting City Clerk
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 March 6, 2001,
which jninutes were formally approved and adopted by the City Commission on
Acting 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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03/06/01