03-20-01MARCH 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 6:05
p.m., Tuesday, March 20, 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_ Due to the absence of Reverend Dan Casselberry, the City Manager delivered the
opening prayer.
The Pledge of Allegiance to the flag of the United States of America was given.
Agenda Approval.
Mayor Schmidt stated Carolyn Zimmerman has requested an additional
presentation and consequently noted the addition of Item 7.A.A., Recognition to Commissioner
Bill Schwartz.
Mayor Schmidt noted the addition of the Minutes for the Regular Meeting of
February 20, 2001, and the Special Meeting of March 12, 2001, by addendum.
Mayor Schmidt requested that Item 8.E., Pineapple Grove Brick Paver
Sidewalk Agreement/Myers be pulled from the Consent Agenda and moved to the Regular
Agenda as Item 9.A.A. because of a conflict of interest.
The City Attorney requested that Item 12.B., Ordinance No. 21-01 be removed
for modification.
Mr. Perlman moved to approve the agenda as amended, seconded by Mrs. Archer.
Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr.
Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0
vote.
03/20/01
5. APPROVAL OF MINUTES:
With regard to the minutes of the Regular Meeting of February 20, 2001, Mayor
Schmidt noted that for Item 9.C., Waiver Request to Reduce Open Space Requirement
/Block 69 Municipal Parking Garage and Item 9.D., Appeal of Historic Preservation Board
Decision/Rectory Park Site Plan Modification (both Quasi-Judicial Hearings) it states:
"Mayor Schmidt asked the Commission to disclose any ex parte contacts." Mayor Schmidt
stated words need to be added directly following this statement to read: "No ex parte contacts
were noted."
Ms. McCarthy moved to approve the Minutes of the Regular Meeting of February
20, 2001 as amended, seconded by Mr. Perlman. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes;
Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote.
Mayor Schmidt noted a correction to page four of the Minutes of the Special
Meeting of March 12, 2001 and stated Mr. Jack Haire from the public was allowed to speak prior
to the vote on this item and the minutes should reflect his comments.
Mr. Schwartz moved to approve the Minutes of the Special Meeting of March 12,
2001 as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows:
Mr. Schwartz - Yes; Ms. McCarthy - Abstain; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs.
Archer - Yes. Said motion passed with a 4 to 0 vote.
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PROCLAMATIONS:
6oAo
Recognizing and commending County Commissioner Ma~ McCarty
Mayor Schmidt read and presented a proclamation to County Commissioner Mary
McCarty for her dedicated service and continuous commitment to Delray Beach and Palm Beach
County. Ms. McCarty came forward to accept the proclamation and stated she is deeply honored
to have the opportunity to serve Delray Beach.
In addition, Ms. McCarty congratulated Commissioner Schwartz on a wonderful
term in public office.
6ogo
Recognizing April 15th -- April 22~ 2001~ as Dal:s of Remembrance
Mayor Schmidt read a proclamation proclaiming the week of April 15-22, 2001,
as "Days of Remembrance" in Delray Beach, Florida, in memory of the victims of the Holocaust,
and in honor of the survivors as well as the rescuers and liberators, and further proclaim that we,
as citizens of the City of Delray Beach, should strive to overcome intolerance and indifference
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through learning and remembrance.
6oCo
Recognizing May 20th - May 26~ 2001 as National Public Works Week
Mayor Schmidt read a proclamation recognizing May 20-26, 2001 as National
Public Works Week in Delray Beach, Florida, and urge all citizens and civic organizations to
acquaint themselves with the issues involved in providing our public works and to recognize the
contributions which public works officials make every day to our health, safety comfort and
quality of life. Robert A. Barcinski, Assistant City Manager, came forward to accept the
proclamation.
°
PRESENTATIONS:
7.A.A.
Recognition to Commissioner Bill Schwartz
Carolyn Zimmerman, resident of Delray Beach, presented Commissioner Bill
Schwartz with a "Good Job Done Award" for making good decisions for Delray Beach by using
good common sense.
7oAo
Annual Financial Report - Ernst & Young
Joseph Safford, Finance Director, stated for the last ten years he has had the
pleasure of having an association with Paul Bremer with Ernst & Young who has done an
excellent job with conducting audits of the City. Mr. Bremer has recently retired and a new
partner is now in charge.
Mr. Safford stated the production of the financial report takes approximately four
months to complete. He explained it is quite a task to have audit teams in the Finance
Department for a period of four months while at the same time trying to conduct day-to-day
business.
John Vodenicker~ representing Ernst & Young, presented the Annual
Financial Report for the fiscal year ending September 30, 2000. Mr. Vodenicker stated the
financial audit went extremely well this year and the Finance Department was very cooperative
in helping get the audit completed in a timely manner.
Mr. Vodenicker read the following paragraph from page one of the Financial
Section of the City of Delray Beach, Florida Comprehensive Annual Financial Report for fiscal
year ended September 30, 2000:
The Honorable Mayor and City Commission
City of Delray Beach, Florida
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"In our opinion, based on our audit and the reports of other
auditors, the general purpose financial statements referred to above
present fairly, in all material respects, the financial position of the
City of Delray Beach, Florida, as of September 30, 2000 and the
results of its operations and the cash flows of its proprietary fund
types for the year then ended, in conformity with accounting
principles generally accepted in the United States."
In addition, Mr. Vodenicker stated there are also reports, which are issued on the
City's your Federal and State programs. In the case of the City's Federal programs, Ernst and
Young did not find any non-compliance matters that need to be reported and also regarding the
internal accounting control, there were no reportable conditions or material weaknesses.
Regarding the State programs, Ernst & Young was able to issue a clean opinion on the audit,
which is very positive.
Mr. Vodenicker highlighted some of the results from the General Fund located on
page nine of the audit. Mr. Vodenicker stated the City collected $52,186,913 (actual) and
budgeted $50,070,520. This is a favorable budget variance because the City collected
$2,116,393 more than the amount budgeted. Under the expenditure categories, the City
expended $47,510,948 and actual appropriated $47,529,498 as its actual. Again, Mr. Vodenicker
stated this is a favorable budget variance because the City did not exceed its budget of $18,550.
Under the last line of the budget category, Mr. Vodenicker stated the City was
anticipating expending approximately $284,478 more than what the City had been receiving.
Under the "Actual" column, Mr. Vodenicker explained that the City added $2,066,740 to the
City's fund balance rather than taking it away so it was a very positive year from a perspective of
the budget for the General Fund. This caused the fund balance to go up from $13,102,292 to
$15,135,329. If you compare that between 1999 and 2000 the total fund balance (which includes
reserved and restricted fund balance amounts) represents 31.9 % of the City's total expenditures
for the year. Last year was 29.2% so the City had a favorable increase in the amount of fund
balance. The unreserved that is available fund balance ended the year at 19% versus last year at
15.4%. Mr. Vodenicker feels the City of Delray Beach is moving towards a very strong
unreserved fund balance.
Mr. Vodenicker made reference to the smaller report and stated that on page two
it shows the major sources of revenues and there have been some very favorable increases over
the last five years in total revenues going from $45,000,000 to $55,000,000. On page four, it
shows the expenditures that the City has incurred over the last five years. Mr. Vodenicker stated
the City has been able to maintain a very favorable increase. On page four, the reason for the
decrease in the general fund is because there was a lawsuit last year regarding a right-of-way that
caused this to go up slightly but is now back down to where it has been over the five year period.
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On page five, Mr. Vodenicker stated that the Water & Sewer Fund had very favorable results.
Mr. Vodenicker stated that the City purchased meter replacement program and incurred $1.8
million in operating costs which caused the net income to actual be a net loss for this fiscal year.
Mr. Vodenicker stated even with that, in general, the City has a very strong debt service
coverage ratio that the City is able to cover its debt service. Overall, the City has had very
favorable and positive increases in the revenues and the City has been able to keep the revenues
ahead of the expenditures. Included in the booklet is the management letter from Ernst & Young
which management is required to review and respond to these comments. Mr. Vodenicker stated
Ernst & Young has reviewed the responses from management and concurs with each one of their
responses.
Mayor Schmidt thanked Mr. Vodenicker for his presentation and for preparing the
smaller booklet this year. Mayor Schmidt stated he found this booklet to be extremely helpful.
In addition, Mayor Schmidt thanked Mr. Safford and his entire staff in the Finance Department
along with the City Manager and Department Heads for all their hard work and effort that goes
into the preparation of the Comprehensive Annual Financial Report.
7.B. Sister Cities Committee and the Delra¥ Art League - Sister Cities
International "Young Artist Exhibit 2001" - "Impressions of The Fruits of World Peace"
Mayor Schmidt announced the winning entries and presented Certificates of
Achievement to the following individuals:
Sister Cities International Young Artist Competition 2001:
MIDDLE SCHOOL
HONORABLE MENTION
Jason LeGunn
American Heritage School
3rd PLACE
Maria Elvira Vera
American Heritage School
2nd PLACE
Rachel Talasko
Unity School
1st Place
Mary Ann Sandy
American Heritage School
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HIGH SCHOOL
Honorable Mention
Ashley Ford
Atlantic Community High School
3rd Place
Quinn Russell
American Heritage School
2nd Place
Kelley Park
Atlantic Community High School
1st PLACE & OVERALL WINNER
Kevin Wetmoreland
American Heritage School
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CONSENT AGENDA: City Manager Recommends Approval.
8.A. WATERWAY VILLAGE DEVELOPER'S AGREEMENT: Approval of the
agreement between the City and the developer of Waterway Village. This development is
proposed to be located south of Lindell Boulevard and between Dixie Highway and Federal
Highway.
8.B. ACCEPTANCE OF EASEMENT DEED: Approve and accept an easement
deed granting to the City the means to install and maintain a water main along the east side of a
vacant lot on Douglas Avenue.
8.C. ACCEPTANCE OF EASEMENT DEED: Approve and accept an easement
deed which allows an electrical connection for lighting to the parking lot located at the corner of
NE 3rd Avenue and NE 12th Street.
8oDo
PINEAPPLE GROVE BRICK PAVER SIDEWALK AGREEMENTS AND
EASEMENTS: Approve the standard agreement and easement deed to allow brick paver
sidewalk construction and future maintenance in Pineapple Grove.
8oto
THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS
ITEM 9.A.A.
8.F. AGREEMENT FOR SIDEWALK IMPROVEMENTS/DALE E. POPIK:
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Approve an agreement between the City and Dale E. Popik to allow the deferral of sidewalk
improvements within the Cypress Drive right-of-way immediately abutting 964 Cypress Drive,
Tropic Isle until such time as the City requests the sidewalk to be constructed.
AGREEMENT FOR SIDEWALK IMPROVEMENTS/GERSON BAITEL:
Approve an agreement between the City and Gerson Baitel to allow the deferral of sidewalk
improvements within the SE 9th Street right-of-way immediately abutting 714 SE 9th Street, Rio
Del Ray Shores Subdivision until such time as the City requests the sidewalk to be constructed.
g.H.
MODIFICATIONS TO DEP CONTRACT FOR FUNDING RELATING TO
THE YEAR 2001 BEACH NOURISHMENT PROJECT: Approve the modifications to
Florida Department of Environmental Protection (DEP) contract #99PB2 for the state's cost
sharing of the upcoming Beach Nourishment Project.
8.I. RESOLUTION NO. 25-01: Approve Resolution No. 25-01 requesting the
United States Army Corps of Engineers to implement an emergency deviation from the Water
Conservation Area #1 (WCA #1) regulation schedule to 11.00 feet NGVD during the South
Florida Water Management District declared water shortage.
The caption of Resolution No. 25-01 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REQUESTING THE UNITED
STATES ARMY CORPS OF ENGINEERS TO IMPLEMENT
AN EMERGENCY DEVIATION FOR THE WATER
CONSERVATION AREA NUMBER ONE TO 11 FEET NGVD
DURING THE SOUTH FLORIDA WATER MANAGEMENT
DISTRICT DECLARED WATER SHORTAGE; DIRECTING
THE CITY CLERK TO PROVIDE COPIES; AND PROVIDING
FOR AN EFFECTIVE DATE.
(The official copy of Resolution No. 25-01 is on file in the City Clerk's office.)
8.J. RESOLUTION NO. 26-01: Approve Resolution No. 26-01 opposing all
Legislative Initiative which would eliminate or diminish authority of Local Governments to
amortize billboards along "any" highway system.
The caption of Resolution No. 26-01 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, OPPOSING ALL
LEGISLATIVE INITIATIVES WHICH WOULD ELIMINATE
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OR DIMINISH THE AUTHORITY OF LOCAL
GOVERNMENTS TO AMORTIZE BILLBOARDS ALONG
"ANY" HIGHWAY SYSTEM, THEREBY ENLARGING THE
CURRENT FEDERAL MANDATE TO PAY CASH ONLY FOR
THE REMOVAL OF SIGNS ALONG FEDERAL-AID
PRIMARY HIGHWAY SYSTEM; SPECIFICALLY OPPOSING
SECTION 26 OF PROPOSED HOUSE BILL 1053 AND ANY
OTHER ATTEMPTS TO LIMIT THE LOCAL
GOVERNMENT'S ABILITY TO REGULATE BILLBOARDS;
PROVIDING FOR DISTRIBUTION; AND PROVIDING FOR
AN EFFECTIVE DATE.
(The official copy of Resolution No. 26-01 is on file in the City Clerk's office.)
8.K. RESOLUTION NO. 28-01: Approval of a resolution authorizing the City to
transfer real property located at 214 SW 5th Avenue to allow the transfer of one lot to Habitat for
Humanity of South Palm Beach County.
The caption of Resolution No. 28-01 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY
TO TRANSFER REAL PROPERTY IN THE CITY OF DELRAY
BEACH, WHICH PROPERTY IS LOCATED AT LOT 4,
BLOCK 23, AS MORE PARTICULARLY DESCRIBED
HEREIN, TO HABITAT FOR HUMANITY OF SOUTH PALM
BEACH COUNTY, INC. TO BE UTILIZED FOR
AFFORDABLE HOUSING.
(The official copy of Resolution No. 28-01 is on file in the City Clerk's office.)
8.L. AMENDMENT #1 TO THE CONTRACT WITH OMNICOM, INC.:
Approval of Amendment #1 to the Omnicom contract for an amount not to exceed $20,877.50,
for additional consulting fees associated with the final testing and implementation of the new 800
MHZ radio system.
8.M. SERVICE AUTHORIZATION #3/CH2M HILL, INC.: Approve Service
Authorization #3 with CH2M Hill, Inc., in the amount of $39,151.00 for consulting engineering
services in conjunction with updating the City's Water Supply Master Plan. Funding is available
in 441-5111-536-31.90 (Water/Sewer-Other Professional Services).
8oNo
CONTRACT AWARD & CHANGE ORDER #1/MAN-CON, INC.: Approve
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the Contract Award in the amount of $730,337.00 and Change Order #1 in the amount of
$184,047.50 for a total of $914,384.50 to Man-Con, Inc. for the Barrier Island Infrastructure
Improvements. Funding is available in the amount of $346,315.00 from 370-3162-541-65.42
(Barrier Island); $13,785.00 from 441-5161-536-65.42 (Barrier Island); $63,213.00 from 442-
5178-536-65.16 (Water/Sewer Island Drive); $117,000.00 from 442-5178-536-65.52 (Island
Drive/Harbor Drive); $171,115.00 from 442-5178-536-65.42 (Island Drive/Harbor Drive);
$34,963.00 from 448-5461-538-6338 (Island Drive Drainage); $167,993.50 from 448-5470-538-
65.42 (Barrier Island).
8.0. STREET CLOSURE REQUEST: Approve a request to grant temporary use
permit per LDR's Section 2.4.6 (H) for the closure of SE 4th Avenue from Atlantic Avenue to SE
1st Street on March 23rd from 3:30 p.m. until 8:30 p.m. for a Vintage Car Show being sponsored
by the Delray Beach Public Library.
8.P. SPECIAL EVENT/EASTER SUNRISE SERVICE: Approve a request to grant
temporary use permit for the closure of South Ocean Boulevard from Atlantic Avenue to
Miramar on April 15th from 5:30 a.m. until 7:30 a.m., for the use of the pavilion, staff support,
barricading, and EMS assistance on behalf of the Delray Beach Clergy Association.
8.Q.
AGREEMENT FOR TRAFFIC AND PARKING ENGINEERING
SERVICES: Approve an agreement in the amount of $25,652.00 to Lawson, Noble & Webb,
Inc. for traffic and parking engineering services associated with the Downtown Business District
Plan.
8.R.
AGREEMENT FOR MARKET ANALYSIS CONSULTANT SERVICES:
Approve an agreement in the amount of $20,000.00 to Marketek, Inc., for market analysis
consultant services associated with the Downtown Business District Plan.
8.S. FUNDING SUBSIDY UNDER DELRAY BEACH RENAISSANCE
PROGRAM: Approve a funding subsidy in the amount of $17,000.00 for one (1) income
eligible applicant under the Delray Beach Renaissance Program, with funding from 118-1924-
554-83.01 (SHIP Program), representing the 120th homeownership assistance grant provided
through the program to-date.
8.T.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period March
5th through March 16, 2001.
8.U. AWARD OF BIDS AND CONTRACTS:
1_ Bid award for vehicle replacement from State Contract, as specified in
Attachment "C", and from a local bid as specified in Attachment "D'.
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Funding is available from 501-3312-591-64.20
Garage/Automotive) in the total amount of $64,790.00.
(Central
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Bid award to Rust Off, Inc. in the amount of $25,600.00 for anti-rust
chemicals for the city irrigation system. Funding is available from 119-
4144-572-52.21 (Beautification Fund/Chemicals).
o
Bid contract renewal for the purchase of calcium hypochlorite from
Leslie's Swimming Pool Supplies and purchase of liquid chlorine from
Jones Chemical via the City of Boca Raton Coop Bid #2000-046 at an
estimated annual cost of $73,815.00. Funding is available from 441-5122-
536-52.21 (Water/Sewer Fund/Chemicals) for $69,090.00 and from 441-
5144-536-52.21 (Water/Sewer/Chemicals) for $4,725.00.
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Bid award for a new vehicle from State Contract, to Regency Dodge in the
amount of $24,186.00 for a Dodge heavy-duty 3¼ ton pick up truck.
Funding is available from 001-2315-526-64.20 (Fire
Department/Automotive).
Mr. Schwartz moved to approve the Consent Agenda as amended, seconded by
Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor
Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion
passed with a 5 to 0 vote.
0.A.
REGULAR AGENDA:
9.A.A. PINEAPPLE GROVE BRICK PAVER SIDEWALK
AGREEMENT/MYERS: Approval of a Brick Paver Sidewalk Construction Agreement with
owners Warren J. Myers & Patricia A. Healy-Golembe for property located at 181 N.E. 2nd
Avenue.
Mayor Schmidt stated he has a conflict of interest with this item and stepped
down. He passed the gavel to Vice-Mayor Archer.
Brian Shutt, Assistant City Attorney, stated this item concerns an agreement with
Mr. Myers concerning the installation of paver bricks on Pineapple Grove Way that is in the
special assessment district. Mr. Shutt stated that the only reason that this agreement was
different from the other agreements that the Commission previously approved on the Consent
Agenda is that Mr. Myers did not want to execute an easement for the City entering onto his
private property at a later date in case the City had to do maintenance on the brick pavers. In
addition, there was a slight modification to the agreement where Mr. Myers requested a 2-foot
offset off the front of his building because he has hurricane panels that he needs adequate room
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to install.
Mr. Schwartz moved to approve the Pineapple Grove Paver Sidewalk Agreement
nd
with Warren J. Myers & Patricia A. Healy-Golembe for property located at 181 N.E. 2 Avenue,
seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes;
Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0
vote.
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ATLANTIC GROVE DEVELOPMENT/LOCAL INITIATIVES SUPPORT
CORPORATION {LISC~: Consider approval of the request from the Developer and its non-
profit partners to participation in the Department of Housing & Urban Development's Section
108 Loan Guarantee Program.
Lula Butler, Director of Community Improvement, stated that at last week's
Workshop meeting the Commission asked staff to consider three different directions. The first
request of the Commission was to consider reviewing the preliminary pro-forma data performer
for the Atlantic Grove Project to determine whether or not the development had a sufficient
amount of cash flow to support a $1.5 million dollar loan. A consultant has reviewed this as well
as the HUD Washington D.C. office. Based on the information that has been submitted Mrs.
Butler stated it appears that the project is on sound footing.
Secondly, Ms. Butler stated that she has not been able to directly speak to Michael
with Langton & Associates because he is currently in Tallahassee. However, Ms. Butler checked
with HUD to see if they received any other applications from Langton & Associates both under
the Economic Development Initiative (EDI) Competitive Grant Program or Section 108. HUD
has informed Ms. Butler that they have not received any other applications at this point. Ms.
Butler explained that she is requesting that the Commission allow the City to hire the consultant
services of a firm that has direct experience and has been recommended by the HUD office.
Ms. Butler stated the third item is on the impact on using General Revenue dollars
as "additional security" to the City's bonds rating. The City Attorney stated that depending on
the language, the City could use non-ad valorem revenues as a back up.
Mayor Schmidt stated since the repayment scenario has changed, he politely
asked Ms. Butler to elaborate on this issue for the benefit of the public.
Ms. Butler stated that the Local Initiatives Support Corporation (LISC) submitted
their proposal that puts forth several different terms of repayment and other conditions that they
want the City to consider. She stated that staff is looking at using the Competitive Economic
Development Initiative Grant Program as a part of the financing so that we may look at this
project and give them a jump start for the first five years and use those economic development
grant funds to cover the debt service to the City during that interim period. Ms. Butler stated
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HUD has given the City preliminary approval.
Mr. Perlman stated before making a decision he would like to see the proformas
provided by LISC. He expressed support for the TED Center and the LISC. However, from his
perspective he feels there is only a fine amount of money that the City can invest. He does not
see the upside of this project and feels it is a large risk for the City. Ms. Butler requested that the
Commission authorize staff to proceed with the application and then bring back to the
Commission again before actually submitting the application to HUD. Ms. Butler explained that
if the Commission is not comfortable with the terms, etc. they will still have the ability to say
"no".
Mr. Perlman inquired as to what the cost would be to prepare? In response, Ms.
Butler stated that the going rate for hiring a consultant is approximately $25,000. Mr. Perlman
asked how much it would cost to monitor the project? Ms. Butler stated that HUD has advised
the City that we could minimize our administrative cost by using the Section 108 Guarantee
funds for soft costs to the project such as property acquisition, design and permits which will not
trigger Federal prevailing wage requirements. If the City uses Section 108 dollars for repayment
of interest on first or second mortgages or closing costs, it will constitute financing of the
construction work in whole or part and thus, would trigger Davis-Bacon wage requirements.
There is a job creation responsibility that the City would be required to monitor which is a
benefit to the community. Approximately 144 jobs (temporary and permanent) will be created
with the project. Mr. Perlman reiterated that regardless of what it does, this project is still
coming and feels the City does not need to spend this money to get it to come here to succeed.
Mr. Perlman stated the City could use this as a tool to get additional projects that would create
additional jobs. Mr. Perlman inquired about the rents and asked if the City has a business plan in
place that says the rent will be lowered if the City decides to contribute this money? In response,
Ms. Butler stated that staff has not had any discussion with them regarding such.
The City Manager stated that one of the reasons the City would like to retain the
consultant because staff does not feel they have the expertise to evaluate it and we would be
taking something at face value. The consultants that have been recommended to the City by
HUD understand the private sector financing very well. In addition, the City Manager stated that
HUD understands the pro formas of what is realistic versus what is unrealistic. Mr. Perlman
stated he feels there are numerous business professionals in this community that could probably
look at this for a lot less than $25,000 and inform the City whether or not this is a good
investment.
Ms. McCarthy asked that when the consultant is going through its process, is it
not correct that the City can keep the records? In response, Ms. Butler stated it is correct that the
City can keep the records and stated someone will be learning how to complete the pro formas so
that next time the City can complete them. Ms. McCarthy stated she does not question HUD's
ability to inform the City as to whether or not it is valid or not. However, Ms. McCarthy asked
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why the Commission has not seen the proforma? Ms. Butler explained that she inadvertently did
not attach the proforma to the agenda back up.
Mrs. Archer reiterated Ms. McCarthy's comments and asked Ms. Butler if the
City decides to approve a Section 108 Loan does she feel the City will still need to use the
assistance of a consultant? In response, Ms. Butler recommended using the consultant
considering this would be the first time the City has submitted an application for a Section 108
Loan.
Mayor Schmidt stated he spoke with Robert Federspiel, CRA attorney, and there
were some questions from other applicants regarding any potential liability there would be for
the City if approved. Mayor Schmidt stated that Mr. Federspiel informed him that because of the
fact that the CRA voted not to use TIF dollars to support this, he did not feel there was really any
exposure for liability to the CRA because any of the applicants could have come to the City at
this stage and make this same application. In addition, Mr. Federspiel felt there to is no
advantage being offered to Atlantic Grove coming to the City as this point. Also, Mayor
Schmidt stated he attended the West Atlantic Redevelopment Coalition (WARC) on Wednesday
evening where they recommended that the City support this with the exception of Jimmy
Weatherspoon who dissented because he felt the developer should cover all the interest payments
but did support the idea of using Section 108. Mayor Schmidt feels it is very important for the
City and the West Atlantic Avenue Redevelopment Plan that this developer is successful and
urged the Commission to support this proposal.
At this point, Mr. Perlman commented that he does want to see this project
succeed. However, Mr. Perlman stated that the developer informed the Commission that this is
10% of his financing and that he would do it anyway and succeed. Mr. Perlman stated the
Commission has still not seen what the developer will do with the money to make it more
competitive.
Ms. Butler stated the financial performer that met with staff recommended
proposed rental rates in the amount of $15.00 per square foot for commercial space and $14.00
per square foot for office space.
Annetta Jenkins, Program Director for LISC, stated the pro forma that has been
presented to the City is the one that is used for underwriting and it uses a rate of $14.00 per
square foot for the office space and $15.00 per square foot for the retail space. Ms. Jenkins
stated LISC completed a market study and the preliminary market study showed that market
rents were $2-$3 higher than the amount used in the pro forma. She pointed out that reason
LISC and the Community Development Corporations (CDC' s) are involved is so that they could
attract businesses from the surrounding community those businesses move in and be competitive.
Mayor Schmidt asked Ms. Jenkins in order to cover financing costs would LISC
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have to charge market rent? In response, Ms. Jenkins stated that LISC would have to charge
market rent. Mayor Schmidt stated this would be $16-$17 a square foot versus the $14-$15 per
square foot. Ms. Jenkins stated $16-$17 would be minimal. Mr. Perlman stated there are other
tools other than the Section 108 Loan for projects like this. He stated there are grants out there
for job creation up to $2,500 per job that could be used as an inducement that would not cost the
City anything other than designating the property a certain way.
Ms. Jenkins stated that Commissioner Perlman is absolutely correct and there are
a number of soft money sources. However, this is a question of timing, the use of the money,
and where the dollars could come into the project. Those programs are generally not available
for construction or acquisition or soft costs or pre-development at that particular time. The
Community Development Corporations (CDC' s) and the other for-profit developer are pursuing
every possible avenue to write down the cost of the project. Ms. Jenkins stated there are monies
from the Economic Development Administration that the TED Center is pursuing, there are
County CDBG program dollars but stated they are very small amounts of money. Ms. Jenkins
stated this is a $20 million project and stated that this is really an issue of timing. She reiterated
that LISC is asking that staff be allowed to only pursue an application.
Mr. Perlman asked Ms. Jenkins if she would proceed without the money? In
response, Ms. Jenkins stated that this decision would have to be made by the partners. Ms.
Jenkins stated that the project may work with all conventional financing but would be very
expensive and there would be no guarantee that the contractual terms would be met in a timely
manner. Ms. Jenkins stated there would be a direct benefit to this community. For example,
during construction an estimated 200 jobs will be available and approximately 144 permanent
jobs will be available as a result and there are programs included within the marketing plan that
will be reaching people in the immediate community to fill those jobs.
Mrs. Archer moved to approve for the use of the consultant with the
understanding this would come back to the Commission for a decision on whether or not to
pursue the final application with HUD or the Section 108 loan, seconded by Ms. McCarthy.
Prior to the vote, discussion by the Commission followed.
Mr. Schwartz stated that it appears that Mayor Schmidt made a comment that he
spoke with the council for the CRA and at this point there was a question that those unsuccessful
bidders could now acquire this loan. However, at the time of the bidding, Mr. Schwartz stated
does not feel that they possibly did not have the knowledge that this particular loan was available
to them. Also, Mr. Schwartz stated he does not feel that this builder's successful bidder was
aware of this either because they did not bid subject to the loan being available to them. Mr.
Schwartz stated this was not a part of their proposal at all. Secondly, Mr. Schwartz stated that
we all are aware that the interest rates are dropping rapidly all over the country for residential
borrowing, commercial borrowing, and construction borrowing as well. Mr. Schwartz stated
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their cost of funding is being improved on a daily basis. Mr. Schwartz stated this is a very
experienced and sophisticated builder/developer and their financial expert is well versed. On the
other hand, Mr. Schwartz is extremely concerned with the affect this will have on the taxpayers
and he does not wish to see the City inhibit the opportunity for other builder/developers to come
into our City. Mr. Schwartz stated he feels the City needs good reputable builder/developers to
improve our community. Mr. Schwartz is strongly opposed to the City continually expending
funds to hire consultants and experts. He feels the City has an adequate staff with great
capabilities who can provide the expertise without having to pay consultants. Mr. Schwartz
stated he does not feel the City should approve the loan or hire the consultant because he feels
this ultimately not fair to the residents or taxpayers.
First, Ms. McCarthy commented that interest rates are indeed very low in the real
estate industry today. With regard to the stock market, Ms. McCarthy stated sooner or later the
stock market will begin to go on the up trend and by the time loan commitments are put in place,
the interest rates will not be what they are today.
Secondly, Ms. McCarthy stated she agrees we have an excellent staff and
commented that most employees have a substantial job descriptions and have quite a lot of
responsibility in order to complete the tasks they are already doing.
Ms. McCarthy stated the City has someone in-house to help write additional
grants so the City can obtain additional dollars.
With regard to the Decade of Excellence Bond, Ms. McCarthy stated the City and
citizens as a whole voted on referendum which the City approved and allocated bond money.
The City formed a Community Redevelopment Agency (CRA) so that we could very proud of
our City. The first part of that has been established with the downtown area, which is
continually booming. Ms. McCarthy stated she does not see why some people are hesitate now
to help with expanding the West Atlantic Avenue area with at least there being a proposal in
place with a performer and stated jobs above minimum wage cannot be created unless the
businesses are placed in the building. Ms. McCarthy stated she is concerned that the City is not
put themselves in a position that if additional research is necessary, the City will be in a position
to do so and urged the Commission to take advantage of this opportunity.
Upon roll call the Commission voted as follows: Mr. Perlman - No; Mrs. Archer
- Yes; Mr. Schwartz - No; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed
with a 3 to 2 vote.
At this point, the time being 7:15 p.m., the Commission moved to the duly
advertised Public Hearings portion of the agenda.
10.
PUBLIC HEARINGS:
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10.A. ORDINANCE NO. 19-01: An ordinance amending the Future Land Use Map
from County MR-5 (Medium Density Residential 5 du/ac) to City LD (Low Density Residential
0-5 du/ac) and associated annexation with initial zoning of R-l-AAA for the Priest Property,
located at the northwest corner of Barwick Road and L-31 Canal. 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. This is a quasi-judicial hearing:
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 stated all involved parties would conduct this item as a quasi-
judicial hearing, which allows for presentations, the admission of documents into the record and
public testimony.
Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex
parte contacts were noted.
Barbara Garito, Acting City Clerk, swore in those individuals who wished to give
testimony on this item.
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Paul Darting, Planning Director, entered into the record the Planning and Zoning
Department's project file #2001-055 and project file #2001-056.
Mr. Darting explained that this is a second reading for Ordinance No. 19-01 that
provides for annexation, a small scale Future Land Use Map (FLUM) amendment from County
MD (Medium Density Residential 5 dwelling units/acre) to City LD (Low Density Residential
District) for a parcel of land located at the northwest corner of Barwick Road and the Lake
Worth Drainage District Canal L-31.
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 (7-0) to recommend that the requests be approved, based upon
positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(D)(5) afthe
Land Development Regulations, and policies of the Comprehensive Plan. At first reading on
March 6th, the City Commission passed the ordinance by a 5-0 vote.
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. 19-01 on Second and FINAL
Reading, seconded by Mr. Pertman. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Pertman -
Yes. Said motion passed with a 5 to 0 vote.
10.B. ORDINANCE NO. 18-01: A City initiated ordinance correcting Future Land
Use Map from MD (Medium Density Residential 5-12 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 120 feet north of George
Bush Boulevard. 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. This is a quasi-judicial
hearing.
The City Manager presented Ordinance No. 18-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
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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 stated all involved parties would conduct this item as a quasi-
judicial hearing, which allows for presentations, the admission of documents into the record and
public testimony.
Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex
parte contacts were noted.
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 file #2001-081.
Mr. Dorling explained this is a second reading for Ordinance No. 18-01 that
provides for City initiated corrective small scale Future Land Use Map (FLUM) amendment
from MD (Medium Density Residential 5-12 dwelling units/acre) to GC (General Commercial)
and rezoning from RM (Medium Density Residential) to GC (General Commercial) for a portion
of the Nagle and Sail Inn properties, located on the west side of N.E. 7th Avenue, and
approximately 120' north of George Bush Boulevard.
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
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vacant, except for the encroachment of back-out parking and a dumpster associated with the Sail
Inn on the east 5' of the property. The majority of the subject property is owned by Mr. George
Nagle, who owns a portion of Lot 11 to the south, which 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).
With the adoption of the City's Comprehensive Plan and Future Land Use Map in
November 1989, the FLUM designation for the property was changed from Commercial to
Medium Density Residential 5-12 du/ac. Subsequently, with the Citywide Rezonings from GC
to RM (Medium Density Residential).
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
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 declared the public hearing open. There being no one who
wished to address the Commission the public hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 18-01 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr.
Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer -
Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 11, Comments and Inquiries on
Non-Agenda Items.
11. COMMENTS 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.
The City Manager had no response to prior public comments and inquiries.
11.B. From the Public.
ll.B.1. Henry Williams, 310 N.W. 3rd Avenue, expressed concerns regarding the
Pompey Park Advisory Board and stated they are not asking for a hand out and encouraged the
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City to stop dragging their feet when it pertains to Pompey Park. In addition, Mr. Williams
expressed concerns regarding the tennis courts. He encouraged the Commission to look into
resolving these issues.
ll.B.2. John Bennett~ speaking on behalf of PROD~ bid a farewell to Commissioner
Schwartz and thanked him for his services while serving as Commissioner.
ll.B.3. Dr. Josh Smith~ 3616 Avenue De Giem stated his position regarding Blocks 20
through 36 has been well documented and added he would like to set the record straight which
will probably reverse his original position. Dr. Smith stated that in his letter dated December 8,
2000 to the CRA, he opposed the selection of Atlantic Grove and its non-profit partners as its
non-chosen developers of Blocks 20 and 36. He opposed this not necessarily because of the
choice of the developer but because he felt the process had been compromised and thus were
flawed. With regard to his May 5, 2000 letter to the CRA, Dr. Smith stated he opposed the
request from Atlantic Grove and its non-profit partners to the City to participate in the
Department of Housing and Urban Development (HUD) Section 108 - Loan Guarantee Program.
Dr. Smith explained that the basis for his opposition and the opposition of many other citizens
was based on misinformation. He stated that the price range of the town homes were
significantly increased and stated this change was not the desire of Atlantic Grove but instead
forced upon them by a mandate from the CRA. Dr. Smith stated if this mandate had not
occurred, it is conceivable that the Commission would not have to respond to the request of the
Loan Guarantee and feels it is not the developer's fault. Dr. Smith stated his opposition to the
Loan Guarantee request was because this was not part of the original presentation. He now
realizes that they were placed in this position because of the changes insisted upon by the CRA.
In addition, he now realizes that the additional $30,000 and $60,000 requests were also not the
desire of the developer but was insisted upon by City staff. Dr. Smith stated he felt he and other
citizens were placed into a position where the developer was perceived as some sort of culprit
when instead it appears that the entire source of the circumstances was really created by the
CRA. Dr. Smith expressed concern over what type of precedent this may set in the future but
feels this can be eliminated depending upon the way the CRA structures the Request for
Proposals (RFP's). Dr. Smith stated he hopes the CRA would never again make a choice on the
developer based upon a public presentation and proceed to accept forced changes outside of
public review. Dr. Smith hopes if the CRA is ever again a major part of a problem, that they
would in turn accept responsibility of being a part of the solution. Therefore, Dr. Smith stated he
will withdraw his opposition and urged the Commission to support the request in hopes that the
CRA being primarily responsible for these circumstances will share in the remote risk with the
City and not leave the City in a position of having to be the lone entity especially since the City
was not a party to the creation of these circumstances.
ll.B.4. Virginia Griffim 311 S.W. 8th Court~ stated she has lived in the City since 1965
and expressed concern over the streets and swales. With regard to S.W. 8th Avenue, she stated
that a car with a flat tire has no where to pull over and visitors have no place to park because the
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swales are too deep. Ms. Griffin stated that construction has started on S.W. 8th Court and
although there is no swale problem and no water problem on this particular street there is a water
problem on S.W. 4th Avenue. She stated the City has addressed the water problem on Swinton
Avenue but has not addressed the water problem on S.W. 4th Avenue. She stated children who
are waiting to catch the school bus are getting wet. Ms. Griffin thanked Mayor Schmidt and
Randal Krejcarek, City Engineer, for coming to her home to listen to the problem but feels she
needs to voice her concern to the entire Commission. She urged the Commission to do
something about the problem of the swales immediately before someone gets injured.
At this point, Mayor Schmidt stated he advised the City Manager of Ms. Griffin's
concerns about S.W. 8th Avenue in addition to the drainage problem on S.W. 4th Avenue and
S.W. 9th Street. He stated this has been passed along to staff for review.
Ms. Griffin reiterated that the drainage problem is on S.W. 4th Avenue and S.W.
9th Street. She pointed out that S.W. 8th Court is in need of asphalt because this street has not
been paved since 1973.
ll.B.5. Kevin Warner~ 248 Venetian Drive~ on behalf of the Beach Property Owners'
Association (BPOA), commended Mr. Schwartz for always being a fair, open, and honest
individual. Mr. Warner stated he has always admired Mr. Schwartz for his good communication
skills and his service to the City. In conclusion, Mr. Warner stated Commissioner Schwartz will
be missed and wished him the best of luck.
ll.B.6. Alice Finst~ 707 Place Tavant~ expressed her appreciation and thanks to
Commissioner Schwartz for always being honest and forthright. In addition, she also thanked
the City Manager for the lines on Lake Ida Road, staff in the City Clerk's office, and Diana
Mund, Administrative Assistant, and Ron Hoggard, Senior Planner/Redevelopment, in the
Planning and Zoning Department for being so helpful.
With regards to the court hearing on the Citrus Canker issue, Ms. Finst inquired as
to whether the City could post a notice on the web site or via e-mail so people can help support
the City's efforts in regards to this issue. In response, the City Attorney stated the hearing that
was originally scheduled for Friday was before Judge McCarthy and the case has been
transferred to Judge Barkdull. As of this date, the City has not received a hearing date from
Judge Barkdull. Ms. Finst asked the City Attorney if there could possibly be some local place on
the Internet (i.e. citruscanker.comm) that would have the information where people could look
for it instead of having to call the City Attorney directly.
ll.B.7. Jean Beer~ 2145 S.W. 26th Terrace~ echoed Dr. Smith's comments and concerns
with regard to the way things were handled by the CRA.
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Ms. Beer reiterated all of the complimentary comments that were made about
Commissioner Schwartz and feels he is truly dedicated and has done a marvelous job while
serving on the Commission.
ll.B.8. David Randolph, 105 N.W. 11th Avenue, stated he needs to level the playing
field and explained he worked with James Roper, owner of Roper Grocery and Deli for fifteen
years and considers him a good friend. Mr. Roper ran the West Atlantic Avenue Market and has
since moved from West Atlantic to 24 N.W. 8th Avenue and currently operates Roper Grocery
and Deli. Mr. Randolph stated Mr. Roper was not even settled in before the Delray Beach Police
started chasing clients from the business and also informing people that they could not park
across the street on a vacant lot. Mr. Randolph stated that the owner of the building has the
authority to use that vacant lot and finds it appalling that Mr. Roper is being harassed while he is
trying to make an honest living. Mr. Randolph emphasized that the same situation is encouraged
along East Atlantic Avenue. He noted while walking along Atlantic Avenue to the beach in the
morning, he often finds it difficult to walk on the sidewalk while trying to divert the chairs and
tables that obstruct his path. Mr. Randolph stated a Code Enforcement Officer came to his home
who informed him that the City is establishing a NICE program and encouraged the Commission
to look into this situation.
At this point, the time being 7:45 p.m., the Commission moved to Item 9.B. of
the Regular Agenda.
9.B. WOMAN'S CLUB AMENDED AND RESTATED LEASE: Consider
approval of the Woman's Club amended and restated lease for the joint use of the building as a
Woman's Club, a youth center, community meeting place and public park.
The City Attorney stated that in the binders set before the Commission explains
the 80-year history of the Woman's Club.
The City Attorney explained that this is a project that the City has worked with
the Woman's Club on which provides a joint use of the Woman's Club building so that it may be
used as a Woman's Club, and used by the Delray Beach Youth Council as a youth center and
also be used for a community meeting place.
Nick Lender, speakin~ on behalf of the Delray Beach Youth Council and the
youth of Delray in large, expressed his gratitude to the Commission for consideration of this
issue. Mr. Lender stated he is impressed with the City taking a positive stand on youth issues
especially the teen center that can provide such a positive influence for the kids of Delray Beach.
Mr. Lender stated that downtown is great but only offers a toddler center and activities only for
people age 21 and older. He feels this youth center for the 10-20 year old age group has been a
long time coming. He stated the Woman's Club provides a central location and feels it gives
everyone a chance to embrace it as a piece of the downtown. Mr. Lender reiterated and thanked
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the Commission for recognizing the needs of the youth and stated this means so much to the
Delray Beach Youth Council.
At this point, members of the Woman's Club stood for a photograph with the
Commission. Mrs. Rice stated the Woman's Club would be extremely happy to help the youth
of Delray Beach.
Mr. Schwartz moved to approve the Woman's Club amended and restated lease,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy -
Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said
motion passed with a 5 to 0 vote.
9.Co
AGREEMENT WITH JOINT VENTURE/FOURTH OF JULY
FIREWORKS: Consider approval of an agreement between the City and the Joint Venture for
the Fourth of July Fireworks display for the term 2001 through 2005.
Robert A. Barcinski, Assistant City Manager, stated the City entered into an
agreement in 1996 with the Joint Venture for the purpose of having the Joint Venture solicit
fireworks display bids and to enter into a contract for same with a vendor and to assist the City in
marketing and promoting the event to include fund-raising. The 1996 agreement has expired and
staff is proposing approval of a new five- (5) year agreement with the Joint Venture beginning in
2001 through 2005. The City is looking to enter into a new agreement. The only major
difference between this agreement and the previous one is a dollar amount. In 1996, it was an
$8,000 contribution versus a contribution of $40,000. Mr. Barcinski stated this is in line with
the budget contribution the City has made to the Joint Venture in the amount of $40,000 whereas
the majority will go towards the fireworks display.
Mrs. Archer moved to approve the agreement between the City and the Joint
Venture for the Fourth of July Fireworks display for the term 2001 through 2005, seconded by
Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr.
Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion
passed with a 5 to 0 vote.
9.D. SPECIAL EVENT/ART & JAZZ ON THE AVENUE: Consider a request for
special event approval for Art & Jazz scheduled for May 10, 2001, including temporary use
permit and street closure, staff support, use of City equipment, and specified overtime costs.
Robert A. Barcinski, Assistant City Manager, stated this is a request to endorse
the next Art & Jazz on the Avenue scheduled for May 10, 2001 from 6:00 p.m. to 11:00 p.m., to
grant a temporary use permit per LDR Section 2.4.6(H) for the closure of Atlantic Avenue from
Swinton To N.E. 7th Avenue, the south side of Atlantic Avenue from N.E. 7th Avenue to just past
the Blue Anchor Pub, Railroad Drive from Atlantic Avenue to N.E. 1st Street and N.E. 2nd
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Avenue from Atlantic to N.E. 1st Street, and to authorize staff support for security and traffic
control, banner hanging and removal, barricade set up and removal, clean up, use and set up of
City stages.
Mr. Barcinski stated the estimated overtime cost for this event is $6,970. City
Commission has capped the amount the City would pay for overtime at $6,500 for the last four
events. Actual overtime costs for January's event were $6,232. A copy of the Hold Harmless
Agreement and Certificate of Insurance are attached.
Mr. Perlman moved to approve the special event request for Art & Jazz on the
Avenue scheduled for May 10, 2001, from 6:00 p.m. to 11:00 p.m., to grant a temporary use
permit per LDR Section 2.4.6(H) and street closure, staff support as requested, use of stages and
City barricades, setting an upper limit of $6,500 for overtime costs with any difference to be paid
by the Joint Venture, 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.
0oEo
SPECIAL EVENT/HOT AIR BALLOON GLOW AND BALLOON RACE:
Consider approval of a Hot Air Balloon Glow to be held on June 1st on Atlantic Avenue, and Hot
Air Balloon Race to be held on June 2nd & 3rd at Lake Ida Park.
Robert A. Barcinski, Assistant City Manager, stated this is a request to approve a
Hot Air Balloon Glow to be held on June 1, 2001, and the Hot Air Balloon Race to be held on
June 2nd and 3rd to be sponsored by the Joint Venture. Commission is also requested to approve
a temporary use permit per LDR's Section 2.4.6(H) for the closure of Atlantic on June 1, 2001
from A1A to Andrews between 3:00 p.m. and 11:00 p.m., and to approve staff support for
security and traffic control, barricading, and signage preparation, stage set up and take down, and
trash removal for both the event of June 1st and June 2nd and 3rd.
Mr. Barcinski stated the actual races will be held at Lake Ida Park and will also
include other activities and vendors.
In addition, Mr. Barcinski stated that the Joint Venture requested a waiver of the
overtime costs, which are approximately $6,400.
Mr. Schwartz moved to approve the Hot Air Balloon Glow to be held on June 1st
on Atlantic Avenue, and Hot Air Balloon Race to be held on June 2nd & 3rd at Lake Ida Park, and
waiver of overtime costs, 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.
Prior to the vote, Mrs. Archer inquired about the overtime costs. Mr. Barcinski
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explained that last year it was part of the millennium celebration and the City was a co-sponsor
for the millennium committee and the City absorbed all of the overtime costs last year.
Ms. McCarthy asked if the City would look into getting sponsorships for this
event and asked if this is for profit? In response, Marjorie Ferrer, Downtown Joint Venture
Coordinator, stated the Joint Venture will be looking into getting sponsorships stated the
Downtown Joint Venture is raising enough contributions to help cover the costs. Ms. McCarthy
asked that if the Downtown Joint Venture were to get an extra sponsor would they be willing to
do a 50/50 split with the City and therefore be reimbursed 50% at this time. In response, Ms.
Ferrer stated approximately seven hot air balloons have been lost because the race has been
moved one week later so that there would not be any overtime involved on the holiday weekend.
Ms. Ferrer reiterated that this would not be probable for this year.
9.F.
THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
RESOLUTION FOR ASSISTANCE FROM F.IN.D. ON NE 4TM STREET:
Consider approval of a resolution which would allow the City to seek reimbursement from the
Florida Inland Navigational District for the construction of a pocket park at the end of NE 4th
Street where it abuts the Intracoastal Waterway.
Brian Shutt, Assistant City Attorney, stated if approved, this resolution would
allow the City to seek reimbursement from the Florida Inland Navigational District (F1ND) for
the construction of a pocket park at the end of N.E. 4th Street where it abuts the Intracoastal
Waterway. The estimated total cost of construction is $20,000.00 and the City is seeking
reimbursement from F1ND for 50% of this amount.
Dick Hasko, Director of Environmental Services, stated this particular location
has been a chronic issue with flooding at the end of N.E. 4th Street and the seawall has been in
disrepair for quite some time. Mr. Hasko stated the City would like to take advantage of this
F1ND Program which is not expressly geared for replacing seawalls but is aimed rather at
providing public non-boat access to waterways of the State by providing simple amenities like a
bench, signage, and a garbage can.
Mrs. Archer asked if there is any possibility of connecting the end of N.E. 4th
Street with the northern end of Veteran's Park or is all the property in between privately owned?
In response, Mr. Hasko stated that the property in between this property and the north end of
Veteran's Park is all privately owned.
Ms. McCarthy moved to approve the Resolution for assistance from Florida
Inland Navigational District (F1ND) for the construction of a pocket park at the end of N.E. 4th
Street where it abuts the Intracoastal Waterway, seconded by Mrs. Archer. Upon roll call the
Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes;
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Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
9.H. RESOL[ITION NO. 20-01: Consider approval of a resolution authorizing the
City to purchase property located south of SW 4th Street and between SW 5th Avenue and SW 4th
Avenue for the purpose of drainage retention.
The City Manager presented Resolution No. 20-01:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY
TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY
IN PALM BEACH COUNTY, FLORIDA, DESCRIBED AS LOT
17, SUNDY AND TENBROOK ADDITION TO DELRAY,
LOCATED JUST SOUTH OF S.W. 4TM STREET BETWEEN
S.W. 5TM AVENUE AND S.W. 4TM AVENUE AS MORE
PARTICULARLY DESCRIBED HEREIN; HEREBY
INCORPORATING AND ACCEPTING THE CONTRACT
STATING THE TERMS AND CONDITIONS FOR THE SALE
AND PURCHASE BETWEEN PATRICIA MCCRAY AND THE
CITY OF DELRAY BEACH, FLORIDA.
(The official copy of Resolution No. 20-01 is on file in the City Clerk's office.)
Mr. Perlman moved to approve Resolution No. 20-01, 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.
9.I. RESOLUTION NO. 27-01: Consider approval of a resolution authorizing
submittal of an application with the State of Florida for a Library Contract Grant and Agreement
between the City and the Delray Beach Library Association, Inc.
The City Manager presented Resolution No. 27-01:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE
SUBMISSION OF AN APPLICATION WITH THE STATE OF
FLORIDA, DIVISION OF LIBRARY SERVICES, FOR A
GRANT.
(The official copy of Resolution No. 27-01 is on file in the City Clerk's office.)
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The City Attorney stated Mr. Callahan III, Library Director, has requested that the
City prepare a resolution authorizing the application and also an agreement that makes the library
association responsible for all the costs.
John Callahan IlL Library Director~ explained that there is up to $500,000
available from the State annually. The projects are ranked according to a point system. Mr.
Callahan indicated that although there is up to $500,000 available this amount could vary from
year to year. For example, last year the Legislature changed this amount to only $300,000.
There will be approximately 15 applications submitted this year. Three of those applications will
be locally (Highland Beach, Boca Raton, and Boynton Beach). Mr. Callahan stated he would
also like to see the City of Delray Beach submit an application as well. Mr. Callahan stated the
process is somewhat unusual because the application requires that a government submit it and
needs the City's authorization to apply for the grant and the City would need to indicate that they
agree to the terms of the contract. In turn, the Library Association agrees to essential indemnify
the City for everything the City would be required to do mainly to provide the matching funds
available to match this grant and also to indicate that there would be funds available for the
operation of the library in the future.
Discussion by the Commission and Mr. Callahan followed.
Mr. Perlman inquired if the Library Association would be applying for the full
$500,000. Mr. Callahan stated that although the Library Association would indeed be applying
for the full $500,000 it ultimately depends on what the Legislature appropriates.
Mr. Schwartz asked what the City received last year? In response, Mr. Callahan
explained that this is a construction grant and the City has not applied for a grant since 1985. At
that time, Mr. Callahan stated the City received $150,000 to expand the library.
Ms. McCarthy asked Mr. Callahan if anything else could be done regarding the
point system? In response, Mr. Callahan stated that other than the application this is pretty well
covered. However, Mr. Callahan stated that once the City receives a fairly high ranking, then
prior to next year' s Legislative Session would be a good time to lobby all of our local Legislators
to make sure this receives full funding next year.
Mrs. Archer asked if this is statewide funding? In response, Mr. Callahan stated
that this is a statewide grant.
Mrs. Archer moved to approve Resolution No. 27-01 authorizing submittal of an
application with the State of Florida for a Library Contract Grant and Agreement between the
City of Delray Beach and the Delray Beach Library Association, Inc., 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
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passed with a 5 to 0 vote.
9.J. DELRAY
BEACH POLICE
BENEVOLENCE
ASSOCIATION
{PBA)/SUBLEASE: Consider approval of a request from the PBA to sublease a small portion of
the premises located in Boynton Beach for the erection of a cellular tower.
The City Attorney stated the City has received a letter from Lee Levenson, Jr.,
Esq. and representative for the Police Benevolence Association (PBA) requesting permission to
sublease part of the premises located in Boynton Beach to a telecommunications company for the
erection of a cellular tower.
The City however has a 99 year lease with the Delray Beach Police Benevolent
Association, Inc. (PBA), which expires in 2031. The lease requires compliance with the
restrictions and covenants in the deed whether or not they have expired. The lease further
provides that the PBA may not sublease or assign any part of the property.
Currently, the City performs maintenance of the grounds via contract at a cost of
$7,000 per year. The City Attorney stated Mr. Levenson would need to get authorization per the
suggestion by the City Manager that if the City Commission approves the sublease, the PBA
would have to get permission from the City of Boynton Beach to erect a tower.
Mr. Schwartz asked for clarification on why the PBA is requesting a cell tower?
In response, the City Manager explained that the land is located in Boynton Beach and has been
donated to the City of Delray Beach to be used as a headquarters for the PBA for a firing range
and other police training operations. The City Manager stated the PBA was approached by a
cellular telephone company asking for permission to erect a cell tower on this site. In addition,
the City Manager stated Mr. Levenson has informed him that Boynton Beach will approve the
site.
Mr. Schwartz moved to approve the request from the Police Benevolent
Association (PBA) to sublease a small portion of the premises located in Boynton Beach for the
erection of a cellular tower subject to obtaining confirmation from Mr. Levenson, Esq., and
subject to the City Manager's recommendation that the Police Benevolent Association (PBA)
continue the $7,000 cost of maintenance per year, seconded by Mrs. Archer. Upon roll call the
Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms.
McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote.
9oKo
RATIFICATION OF APPOINTMENT TO THE PARKING
MANAGEMENT ADVISORY BOARD: Ratify the Chamber of Commerce representative
appointment to the Parking Management Advisory Board to fill an unexpired term ending
August 1, 2002.
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Ms. McCarthy moved to ratify the appointment of Mr. Ron Radabaugh to the
Parking Management Advisory Board to fill an unexpired term ending August 1, 2002, 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.
After the vote, Mr. Schwartz commented that Mr. & Mrs. Radabaugh not only run
a good restaurant but also run an outstanding catering service throughout the nation. Mr.
Schwartz stated that in previous administrations, Mr. & Mrs. Radabaugh have even catered
functions in the White House.
9.L. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) member
to the Education Board to fill an unexpired term ending July 31, 2002. The appointment will be
made by Commissioner Archer (Seat #2).
Mrs. Archer moved to appoint Saralyn L. Buzen as a member to the Education
Board to fill an unexpired term ending July 31, 2002, seconded by Mr. Perlman. Upon roll call
the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt -
Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
9omo
APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE
BOARD: Appoint one (1) member to the Site Plan Review and Appearance Board to fill an
unexpired term ending August 31, 2001. The appointment will be made by Mayor Schmidt (Seat
#S).
Mayor Schmidt stated he wished to appoint Diane Borchardt as a member to the
Site Plan Review and Appearance Board to fill an unexpired term ending August 31, 2001. Ms.
McCarthy so moved, seconded by Mr. Perlman. Upon roll call the Commission voted as
follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes;
Mr. Schwartz - Yes. Said motion passed with a 5 to 0 vote.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 20-01: An ordinance creating Section 97.10 "Citrus Canker
Control Procedures" thereby adopting a method to be adhered to by Lawn Maintenance
Operations within the City of Delray Beach in order to help control the spread of Citrus Canker.
If passed, a public hearing will be scheduled for April 3, 2001.
The City Manager presented Ordinance No. 20-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, ADOPTING A
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DECONTAMINATION METHOD TO BE ADHERED TO BY
LAWN MAINTENANCE OPERATIONS WITHIN THE CITY
OF DELRAY BEACH PROVIDING A GENERAL REPEALER
CLAUSE; A SAVING CLAUSE AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 20-01 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. The public hearing was closed.
The City Attorney announced that additional language be added to Section
97.10(A) Definitions of "Lawn Maintenance Company" of the ordinance. The City Attorney
suggested that it read as follows:
"Lawn Maintenance Company". Any individual who engages in the business
of the upkeep in trimming of vegetation, including, but not limited to, trees, grass, shrubs, and
flowers, on any residential or commercial property.
Ms. McCarthy inquired about the lawn maintenance companies and whether or
not this includes people from areas other than Delray Beach? In response, the City Attorney
stated this does include people from areas other than Delray Beach.
Mr. Schwartz why does this pertain only to lawn maintenance personnel and not
to public utility personnel and landscape personnel? Mr. Schwartz feels that the same problem
still exists whether it is lawn maintenance personnel, public utility personnel or landscape
personnel.
Mayor Schmidt echoed concerns expressed by Mr. Schwartz regarding other
businesses where people would be coming into contact with Citrus Canker and possibly passes it
on. However, lawn maintenance seems to be the one that is probably the biggest culprit with it
spreading. The City Attorney stated the City used a model ordinance developed from Broward
County to compose this ordinance. The City Manager stated this was the intent of adding
trimming and that if you did tree trimming you would fall within the definition of a lawn
maintenance company.
Mrs. Archer expressed concerns over individuals that fall under the category of
"handy man" that go around doing this and are not licensed. The City Attorney stated that City
does not say whether or not they have to be licensed. Mrs. Archer does not see how the City is
going to be able to enforce this ordinance. Mrs. Archer also commented about language in the
ordinance where it states "All lawn maintenance company personnel shall decontaminate
themselves by washing or treating all exposed areas of the body and clothing with an
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antibacterial soap, wash, spray, or other approved solution." and stated she cannot see people
spraying themselves or washing their clothes as they leave someone's property.
The City Attorney reiterated that the language in this ordinance was taken from
the model ordinance from Broward County. She stated Mr. Fagan had mentioned that the
workers who cut down the citrus trees actual spray themselves with an antibacterial soap and this
is the procedure that is recommended by the Department of Agriculture. The City Attorney
stated this could be expanded but feels the idea is meant for people who are in contact with the
actual tree.
Mayor Schmidt suggested that under Section 97.10(A) Definitions, the language
be changed to read the following:
"Vegetation Maintenance Company". Any individual who engages in the
business of the installation, upkeep, in trimming of vegetation, including, but not limited to,
trees, grass, shrubs, and flowers, on any residential or commercial property.
It was the consensus of the Commission to send this ordinance back to the City
Attorney for modifications and bring back to the April 3, 2001, Regular Meeting for a First
Reading.
Mrs. Archer moved to deny Ordinance No. 20-01 on FIRST Reading, seconded
by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr.
Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion to
deny passed with a 5 to 0 vote.
12.B.
THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
At this point, the Commission moved to Item 13, Comments and Inquiries on
Non- Agenda Items.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager.
The City Manager had no comments or inquiries on non-agenda items.
13.B. City Attorney.
The City Attorney had no comments or inquiries on non-agenda items.
13.C.
City Commission.
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13.C.1.
Commissioner Archer
With regard to Commissioner Schwartz, Commissioner Archer stated she feels
quite proud that she had the pleasure of placing his name in nomination for appointment to the
Commission. Ms. Archer finds Mr. Schwartz to be a man of principle and dedication and stated
it has been a real pleasure serving with him and noted that everyone will miss him.
13.C.2.
Commissioner Perlman
Commissioner Perlman stated that he met with Kathy Daley, City Lobbyist, and
she advised that the City start to plan now for next year. As mentioned this evening, Mr.
Perlman stated the Library will need some lobbying assistance and Pineapple Grove Main Street
is interested in some state funding. Mr. Perlman stated that there are ways to get funding from
the state if the requests are submitted early. He suggested that the City keep a master list so that
Ms. Daley has adequate time to submit the requests to the agencies and legislature.
Secondly, Mr. Perlman echoed the comments of Commission Archer and
reiterated that is has been an honor and privilege to serve with Mr. Schwartz for the past year.
Mr. Perlman stated he trusts that Mr. Schwartz will continue to be an active participate in the
community and has a tremendous amount of respect for him.
13.C.3.
Commissioner McCarthy
Commissioner McCarthy complimented the City Attorney for the report regarding
the legal issues and feels it is a job well done.
Ms. McCarthy stated she did not have the opportunity to meet with Ms. Daley.
However, Ms. McCarthy feels Ms. Daley could provide the City with a list of things the City is
actually eligible for. If there are additional things the City would like to have, Ms. McCarthy
stated then at that point Ms. Daley could move forward. Ms. McCarthy feels the City should be
provided with this information since it is considered public information.
Ms. McCarthy chuckled and stated that it is said, "Politics makes strange chair
partners". On a more serious note, she informed Mr. Schwartz how wonderful it has been to
serve with him on the Commission as well as when they served together on the Planning and
Zoning Board. Ms. McCarthy stated she applauds Mr. Schwartz's honesty and integrity and
wished him the best.
13.C.4.
Commissioner Schwartz
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03/20/01
Commissioner Schwartz stated he has been in politics most of his life and
explained that he was Ronald Reagan's Campaign Chairman for the State of New Jersey when
Ronald Reagan ran for his first term as President. Mr. Schwartz stated he does not consider
himself to be a politician but instead a public servant. He stated he has truly enjoyed working
with the City Attorney, the City Manager, and the entire City Commission. Although there is a
lot of hard work involved with being a Commissioner, he feels it has been an enjoyable and
rewarding experience because with all the hard work there are results. Mr. Schwartz feels we
live in a wonderful City and encouraged everyone to never stop giving of him or herself. He
stated it has been a privilege to serve on the Commission and will miss everyone tremendously.
13.C.5. Mayor Schmidt
Mayor Schmidt stated this is the second time he has served with Mr. Schwartz
and explained that one of the reasons he supported Mr. Schwartz's appointment to the
Commission is because he had the opportunity to work with him on the Planning and Zoning
Board. In addition, Mayor Schmidt echoed Mrs. Archer's comments and Mr. Perlman's
comments.
There being no further business, Mayor Schmidt declared the meeting adjourned
at 8:30 p.m.
ATTEST:
Acting City Clerk
MAYOR
The undersigned is the Acting 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 20, 2001, which minutes were formally approved and adopted by the City Commission on
Acting City Clerk
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03/20/01
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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03/20/01
Commissioner Schwartz stated he has been in politics most of his life and
explained that he was Ronald Reagan's Campaign Chairman for the State of New Jersey when
Ronald Reagan ran for his first term as President. Mr. Schwartz stated he does not consider
himself to be a politician but instead a public servant. He stated he has truly enjoyed working
with the City Attorney, the City Manager, and the entire City Commission. Although there is a
lot of hard work involved with being a Commissioner, he feels it has been an enjoyable and
rewarding experience because with all the hard work there are results. Mr. Schwartz feels we
live in a wonderful City and encouraged everyone to never stop giving of him or herself. He
stated it has been a privilege to serve on the Commission and will miss everyone tremendously.
13.C.$.
Mayor Schmidt
Mayor Schmidt stated this is the second time he has served with Mr. Schwartz
and ,explained that one of the reasons he supported Mr. Schwartz's appointment to the
Commission is because he had the opportunity to work with him on the Planning and Zoning
Board. In addition, Mayor Schmidt echoed Mrs. Archer's comments and Mr. Perlman's
comments.
at 8:30 p.m.
There being no further business, Mayor Schmidt declared the meeting adjourned
Acting City Clerk
ATTEST:
MAYOR
The undersigned is the Acting 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 20, 2001, which minutes were formally approved and adopted by the City Commission on
Acting City Clerk
-33-
03/20/01
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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03/20/01