06-19-01JUNE 19~ 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 5:30
p.m., Tuesday, June 19, 2001.
1. Roll call showed:
Present -
Commissioner Patricia Archer
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Commissioner Jeff Perlman
Mayor David Schmidt
Absent - None
Also present were - City Manager David T. Harden and
City Attorney Susan A. Ruby
At this point, the time being 5:31 p.m., Mayor Schmidt adjourned the regular
meeting to the closed attorney/client session.
14. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S.286.011(8)
regarding the case of Jesner Exanor v. City of Delray Beach case and Stephen Seldin v. City of
Delray Beach claim.
Attendees:
Mayor David W. Schmidt
Commissioner Pat Archer
Commissioner Alberta McCarthy
Commissioner Jeff Perlman
Commissioner Jon Levinson
City Manager David T. Harden
City Attorney Susan Ruby
Kent Pratt Esq.
A certified court reporter
Purpose:
The City has scheduled a closed attorney-client session pursuant to
Florida Statues 286.011(8) regarding the Jesner Exanor v. City of
Delray Beach case and Stephen Seldin claim. The estimated
length of the closed session shall be 15 minutes.
Mayor Schmidt read the following statement for the record: "The City has
scheduled a closed attorney-client session pursuant to Florida Statutes 286.011(8) regarding the
Jesner Exanor v. City of Delray Beach cases/Stephen Seldin claim. The estimated length of the
06/19/01
closed session shall be 15 minutes. The following persons will be attending: Mayor David
Schmidt, Commissioners Pat Archer, Alberta McCarthy, Jeff Perlman and Jon Levinson, City
Manager David Harden, City Attorney Susan Ruby, Attorney Kent Pratt and a certified court
reporter."
At this point, the time being 5:59 p.m., Mayor Schmidt reconvened the regular
meeting and announced that the closed session was terminated.
2_ Reverend Nancy Norman with Unity Church of Delray Beach 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 addition of Item 9.M., Contract/Florida State
Department of Children & Families, to the Regular Agenda by addendum.
The City Attorney stated the applicant has requested that Item 9.J., Proposed
Agreement/Lady Lucille Cruises, be removed from the Regular Agenda.
Mr. Perlman 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. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with
a 5 to 0 vote.
APPROVAL OF MINUTES:
Mrs. Archer moved to approve the Minutes of the Regular Meeting of May 1,
2001, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer
- Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes.
Said motion passed with a 5 to 0 vote.
Mr. Perlman moved to approve the Minutes of the Special Meeting of June 12,
2001, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson
- Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes.
Said motion passed with a 5 to 0 vote.
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PROCLAMATIONS: None.
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CONSENT AGENDA: City Manager Recommends Approval.
8.A. FDOT UTILITY PERMIT & HOLD HARMLESS
AGREEMENT/COCONUT KEY: Authorize the City to act as the utility permit applicant for
the construction of a water main within the state right-of-way (Atlantic Avenue) and approve a
hold harmless agreement with the developer (Town & Country Builders, Inc.).
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8.B UTILITY EASEMENT/COCONUT KEY: Approve and accept a utility
easement deed which allows Coconut Key access to the Markland Lane right-of-way for the
construction of an eight (8) inch water main.
8.C. FINAL PLAT/COCONUT KEY: Approve the final subdivision plat for Coconut
Key, a sixty-nine (69) townhouse community located on the south side of West Atlantic Avenue
just east of Markland Lane.
8.D. BOUNDARY PLAT/DIMLO: Approve the boundary plat for Dimlo Plat, a four
(4) commercial structure project to be located on the north side of West Atlantic Avenue just east
of the Villa D'Este apartment complex.
8.E. HOLD HARMLESS AGREEMENT/GROVE SQUARE: Approve a hold
harmless agreement associated with the installation of a canopy at Grove Square, 55 SE 2nd
Avenue, on the east side of the road between East Atlantic Avenue and SE 1st Street.
8.F. RESOLUTION NO. 43-01: Approve a resolution assessing costs for abatement
action required for the demolition of an unsafe structure located at 31 SW 11th Avenue.
The caption of Resolution No. 43-01 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE
7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH,
ASSESSING COSTS FOR ABATEMENT ACTION
REGARDING AN UNSAFE BUILDING ON LAND(S)
LOCATED WITHIN THE CITY OF DELRAY BEACH;
SETTING OUT ACTUAL COSTS INCURRED BY THE CITY
TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE
COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE
DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF
THIS RESOLUTION, AND DECLARING SAID LEVY TO BE
A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID
ASSESSMENTS; PROVIDING FOR THE MAILING OF
NOTICE.
(The official copy of Resolution No. 43-01 is on file in the City Clerk's office.)
8.G. RESOLUTION NO. 44-01: Approve a resolution assessing costs for abatement
action required to remove nuisances on seven (7) properties throughout the city.
The caption of Resolution 44-01 is as follows:
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8.H.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER
100 OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, ASSESSING COSTS FOR ABATING
NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING THAT A
NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF
ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED
BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND
FOR A DUE DATE AND INTEREST ON ASSESSMENTS;
PROVIDING FOR THE RECORDING OF THIS RESOLUTION,
AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS.
(The official copy of Resolution No. 44-01 is on file in the City Clerk's office.)
CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/RSI FLORIDA
RE-ROOFING): Approve closeout Change Order #1 in the amount of $1,780.00 and final
payment in the amount of $20,850.50 to R.S.I. Florida Inc. for completion of the Police
Department re-roofing contract. Funding from 334-6112-519-46.10 (General Construction
Fund/Building Maintenance).
8.1. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a
subsidy for one (1) eligible applicant/family in the amount of $22,500.00 for property located on
SW 7th Avenue (new construction). This represents the 125th applicant under the Delray
Renaissance Program. Funding is available from 118-1924-544-83.01 (SHIP Program).
8.J. PURCHASE AWARD/MOTOROLA: Approve a purchase award to Motorola
in the amount of $77,815.32 for additional radio equipment and accessories for the Fire
Department. Funding is available from 334-6112-519-63.22 (800 MHz Radio System).
8.K.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period June 4,
2001 through June 15, 2001.
8.L.
AWARD OF BIDS AND CONTRACTS: None.
Mr. Perlman moved to approve the Consent Agenda, 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. Levinson - Yes. Said motion passed with a 5 to 0
vote.
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9. REGULAR AGENDA:
9.A. WAIVER REQUEST/210 ENFIELD ROAD: Consider a request to waive the
requirement for a hedge to screen an opaque fence located within the front and side street
setbacks at 210 Enfield Road. Quasi-Judicial Hearing
Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex
parte contacts were noted.
The City Attorney stated all involved parties would conduct this item as a quasi-
judicial hearing, which allows for presentations, the admission of documents into the record and
public testimony.
Barbara Garito, Acting City Clerk, swore in those individuals who wished to give
testimony on this item.
Paul Dorling, Planning Director, entered the Planning and Zoning Department's
project file #2001-181 into the record.
Paul Dorling, Planning Director, stated LDR Section 4.6.5(D) fencing that is greater
than 75% opaque and located in the front and street side yards shall also be screened by hedging
which is to be maintained at the full height of the fence. Further, LDR Section 4.6.5(F) requires
that fences which are to be landscaped shall be set back a minimum of two feet (2') from the
property line to provide adequate area for vegetation to mature. A hedge is required to screen
those portions of the 6-foot high wood fence located along Enfield Road and Aylesbury Road.
Mr. Dorling stated staff feels granting of the waiver would negatively impact the
neighborhood and would result in a special privilege. Therefore, staff recommends denial of the
waiver to LDR Section 4.6.5(D) to eliminate the requirement for a hedge to screen the proposed
6-foot high wood fence.
Justin Ford, 210 Enfield Road, stated the reason for the denial is basically an
esthetic judgment per the code. Mr. Ford displayed photos of a house on 2nd Avenue and 6th
Street which has a 6-foot fence along the same design that he wants to put up without hedging in
front. Mr. Ford stated there are two reasons why this requirement is unfair. One, the property is
an angled property and is setting their fence back 40 feet from the point because of site line
requirements. Mr. Ford stated he is willingly doing this and concedes approximately 400 square
feet of property because this is a valid community safety concern. Secondly, Mr. Ford stated the
other reason this is unfair is because of the additional cost for hedging. In conclusion, Mr. Ford
urged the Commission to grant the waiver.
There being no one else who, having been duly sworn, wished to address the
Commission, the public hearing was closed.
Mr. Perlman moved to approve the waiver request to LDR Section 4.6.5(D) to
eliminate the requirement for a hedge to screen the proposed 6 foot high wood fence located at
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210 Enfield Road, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
Mayor Schmidt - No; Mr. Perlman - Yes; Mrs. Archer - No; Mr. Levinson - No; Ms. McCarthy
- Yes. Said motion failed with a 3 to 2 vote, waiver denied.
9.B. MOTION TO RECONSIDER PRIOR LIEN REVIEW COMMITTEE
RECOMMENDATION: Consider a motion to reconsider the Lien Review Committee's prior
recommendation concerning Customer 55, David Hargrove.
The City Attorney advises that if the Commission wants to reconsider this matter
a motion to reconsider separate from the motion of substance of this matter needs to be made.
The Lien Review Committee's recommendation presented to Commission at the
March 6, 2001 meeting was that Mr. Hargrove's outstanding liens be reduced from $7,875 to
$1,000, providing the $1,000 was paid within 7 days after Mr. Hargrove being notified and
further providing payment being made by a certified check.
The motion on March 6, 2001 was approved unanimously 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.
Lulu Butler, Director of Community Improvement, reported that the Lien Review
Committee felt very strongly about this and felt that they treated this as fairly as they possibly
could. The Lien Review Committee felt that the City would have a difficult time recovering all
of its the out-of-pocket costs and felt this was a compromise. In addition, the Lien Review
Committee had made this decision early on because they probably felt it was in the best interest
of both parties and would help expedite the process. Ms. Butler stated the Lien Review
Committee respectfully requests the Commission to rescind their previous motion.
Mr. Levinson asked if there was any approach made to Mr. Hargrove regarding
any kind of payment? In response, Ms. Butler explained that in the beginning she had
conversations with Mr. Hargrove informing him that the City was willing to set up a repayment
schedule. Furthermore, Ms. Butler explained that although Mr. Hargrove has not spoken directly
to her, he might have had conversations with members of the Lien Review Committee. Ms.
Butler stated Mr. Hargrove has been informed about the decision made by the Commission.
At this point, there was no motion to rescind the previous action. Therefore, the
prior action by the Commission stands.
9.C. LIEN REVIEW ADVISORY COMMITTEE RECOMMENDATIONS:
Consider approval of the Lien Review Advisory Committee's recommendation concerning
outstanding liens on various properties.
The City Manager explained each case has a demonstrable hardship that is beyond
the control of the persons that were involved. Therefore, the City Manager stated staff supports
the waiver of these outstanding liens as recommended by the Lien Review Advisory Committee.
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Mrs. Archer moved to approve the recommendations by the Lien Review
Advisory Committee concerning the disposition of outstanding liens as listed in the staff report,
seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes;
Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said
motion passed with a 5 to 0 vote.
9.D. UTILITY SERVICE AREA ENCROACHMENT: Consider action regarding
potable water service to Country Club Acres located west of Military Trail within Palm Beach
County.
The City Manager explained historically the City has included Country Club
Acres west of Military Trail as part of our utility service area and long range annexation area.
The residents are persistent with the County for water service and would have to cross the canal
to provide water service. The City Manager suggested the City consider offering water service
without requiring annexation.
Dick Hasko, Director of Environmental Services, stated there are 735 lots. Costs
to provide water service would be approximately $2.1 million. Mr. Hasko stated the City could
take advantage of an assessment program in conjunction with the County Engineering
Department. The County will bring those utilities to their customers as they are petitioned. Mr.
Hasko stated with regard to utilities and water mains there is 100% assessment. Mr. Gary
Dernlan, County Utilities Director has informed Mr. Hasko that other municipalities have taken
advantage of this through the County Engineering Department and their assessment program.
With regard to the revenue projections, Mr. Hasko stated connection fees would
yield $724,000, which would be a one-time expense to the residents. In terms of annual
additional revenues, Mr. Hasko projects annual average revenue of approximately $253,000 from
water service.
The City Manager stated at this point staff is not asking for any final decision on
this because a lot of details on the financial arrangements would need to be worked out.
However, the City Manager stated the question is should we pursue at all the possibility of
providing water service without annexation or should we take a firm stand that either the City
annex and not provide water service. If the Commission would like to pursue the possibility of
serving County Club Acres without annexation, then the City would develop the detailed
financial arrangements that would allow it to proceed and then bring back to the Commission for
consideration.
Mr. Perlman inquired about the annual operating costs. Mr. Hasko stated he does
not have any figures for the operating costs, however, he anticipates that annual operating costs
for a new water system would not be that much initially for the first 5-10 years.
It was the consensus to direct staff to proceed to explore the possibility of
providing water service to Country Club Acres without annexation.
9.t.
FORM AGREEMENT REGARDING USE OF STRUCTURES FOR FIRE
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TRAINING: Consider approval of a form agreement allowing the Fire Department to perform
training in structures planned for demolition and giving the City Manager authorization to
execute the agreement.
Brian Shutt, Assistant City Attorney, explained that the Commission has before
them a modified agreement. Mr. Shutt clarified that on page two, paragraph #4, the owner is
only responsible for the costs associated with the demolition of the structure and the removal of
debris. Mr. Shutt stated the Fire Department wishes to have the ability to use structures in the
City that the owner intends to demolish, for training purposes. The agreement provides that the
City shall be responsible for any damage or injury caused to its employees or property or to other
persons or entities as a result of the City's use of the property for fire training purposes. In most
cases, the Fire Department does not become aware of the planned demolition of a building until
the last minute and there is very little time in which to try to perform training in the structure.
Mrs. Archer inquired about safety issues for surrounding areas depending on
where a particular piece of property is located. Mr. Shutt stated he would assume that it would
be the City's responsibility if there is any damage to other properties but hopefully this will not
Occur.
Kerry Koen, Fire Chief, stated the Fire Department would not pursue an
agreement in any area that they did not believe to be safe demolition. When the Fire Department
becomes aware of these properties, ChiefKoen explained this is all taken into consideration as to
whether the property is viable for that purpose.
Mr. Perlman moved to approve the form agreement as amended, seconded by
Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson
- Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed
with a 5 to 0 vote.
9.F. RESOLUTION NO. 41-01: Consider approval of Resolution No.41-01
authorizing the acquisition of Lot 14, Block B, Carver Memorial Park (NW 15th Avenue). The
property will ultimately be utilized for drainage retention purposes.
The City Manager presented Resolution No. 41-01:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY
TO PURCHASE CERTAIN REAL PROPERTY IN THE CITY
OF DELRAY BEACH, WHICH PROPERTY IS LOCATED AT
LOT 14, BLOCK B, CARVER MEMORIAL PARK AS MORE
PARTICULARLY DESCRIBED HEREIN, HEREBY
INCORPORATING AND ACCEPTING THE CONDITIONS
AND TERMS OF THE CONTRACT FOR SALE AND
PURCHASE BETWEEN THE CITY OF DELRAY BEACH AND
THE NORMAN RUFUS ESTATE.
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(The official copy of Resolution No. 41-01 is on file in the City Clerk's office.)
The City Attorney stated this is a resolution adopting a contract for sale and
purchase of Lot 14, Block B, Carver Memorial Park (N.W. 15th Avenue). The sale price is
$15,597 which includes attorney's fees and costs incurred by the estate and the property will
ultimately be utilized for drainage retention purposes.
Ms. McCarthy moved to approve Resolution No. 41-01, seconded by Mr.
Perlman. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy -
Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5
to 0 vote.
9.G. RESOLUTION NO. 42-01: Consider approval of Resolution No. 42-01
providing for the election not to collect permit fees but to increase our local communications
services tax rate by 0.12%.
The City Manager presented Resolution No. 42-01:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, ELECTING TO INCREASE
THE LOCAL COMMUNICATIONS SERVICES TAX
CONVERSION RATE TO MINIMIZE FISCAL IMPACT TO
THE CITY DUE TO PASSAGE OF COMMUNICATIONS
SERVICES TAX SIMPLIFICATION LAW; ELECTING TO
INCREASE THE TOTAL RATE FOR THE LOCAL
COMMUNICATIONS SERVICES TAX BY 0.12 PERCENT IN
LIEU OF IMPOSING PERMIT FEES ON COMMUNICATIONS
SERVICE PROVIDERS DESIRING TO OCCUPY CITY
RIGHTS-OF-WAY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
(The official copy of Resolution No. 42-01 is on file in the City Clerk's office.)
Brian Shutt, Assistant City Attorney, stated the resolution confirms the City's
election to not charge permit fees for communication companies that use municipal rights-of-
way. If a municipality chooses to collect permit fees from communications companies, Florida
Statutes have provided that a maximum amount that may be charged per company is $100.00.
However, if a municipality elects not to collect permit fees, the municipality may increase its
local communications services tax rate by 0.12%. Furthermore, Mr. Shutt stated this resolution
is also setting forth the conversion rate for this coming year as well as the following year to try
and make up any shortfall that may be coming because of the new law that is in affect.
The City Manager explained a communications service tax reform broadens the
base of the tax and reduces the rate.
Ms. McCarthy asked the City Manager if he has any feedback as to what expenses
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would increase? In response, the City Manager stated this if very complex. For example, there
are certain services provided by Adelphia that have not been subject to this tax that would be
subject to the tax now.
Joe Safford, Finance Director, stated satellite services have never been taxed
before and now they are going to be calculated into our base. Therefore, the City will receive the
revenue from satellite services as well.
Mr. Perlman moved to approve Resolution No. 42-01, 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. Levinson - Yes. Said motion passed with a 5 to 0
vote.
0.H.
ITEM REMOVED.
0.I.
CONTRACT CANCELLATION/AWARD EMERGENCY CONTRACT:
Consider a request to cancel the contract award to OK Tours, Inc. for bus rental and driver
services for summer camp, football program, and holiday camp and approve an emergency
contract with Corporate Connection Sovereign Coach Tours in the total amount of $49,465.
Funding is available in the amount of $37,440 from001-4106-527-44.90 (Summer Camp/Other
Rental); $2,080 from 001-4121-572-44.90 (Athletics & Special Events/Other Rental); $3,250
from 001-4105-572-44.90 (After School Program/Other Rental); and $6,695 from 115-4912-
572-55.30 (Special Projects/Football).
Joe Weldon, Director of Parks and Recreation, stated on June 7, 2001 the City
was notified that OK Tours, Inc. was closing operation effective immediately. On June 11, 2001
the Parks and Recreation Department started the Summer Day Camp Program and needed buses.
Mr. Weldon stated staff obtained emergency quotes from area carriers. One quote did not meet
the City's specifications and the other quote was from Corporate Connection Sovereign Coach
Tours and met the specifications.
Mr. Weldon stated staff is requesting to cancel the contract with OK Tours, Inc.
and award an emergency contract to Corporate Connection Sovereign Coach Tours in the total
amount of $49,465 for the term of June 11, 2001 to October 1, 2001. This will give Purchasing
time to re-bid the bus rental and driver service for Parks and Recreation.
Mrs. Archer moved to approve the contract award cancellation to OK Tours, Inc.
and award of bid to Corporate Connection Sovereign Coach Tours in the total amount of $49,465
for the term of June 11,2001 to October 1,2001, seconded by Ms. McCarthy. Upon roll call the
Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes;
Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
9.J. PROPOSED AGREEMENT/LADY LUCILLE CRUISES: Consider an
agreement with Lady Lucille for use of the dock at Veterans Park during the summer months.
Per the request of the applicant, this item has been removed from the agenda.
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9oKo
APPOINTMENT TO THE DOWNTOWN DEVELOPMENT
AUTHORITY: Appoint one member to the Downtown Development Authority (DDA). The
term is for three (3) years term ending July 1, 2004. Appointment will be made by Mayor
Schmidt (Seat #5).
Mayor Schmidt stepped down and passed the gavel to Vice-Mayor McCarthy.
Mr. Schmidt stated he wished to appoint Clay Wideman (incumbent) as a member
to the Downtown Development Authority (DDA) for a three-year term ending July 1, 2004,
seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes;
Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said
motion passed with a 5 to 0 vote.
9oEo
APPOINTMENTS TO THE COMMUNITY REDEVELOPMENT
AGENCY: Appoint four (4) members to the Community Redevelopment Agency (CRA). The
term is for four (4) years ending July 1, 2005. The appointments will be made by Commissioner
Archer (Seat #2), Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), and
Mayor $chmidt (Seat #5).
Mrs. Archer commented that the term for the Community Redevelopment Agency
is fixed by the State. In addition, Mrs. Archer stated she received numerous telephone calls,
some of which were very speculative, and some calls very threatening. Mrs. Archer stated she
understands the need and desire for new participation on the CRA especially as we move
forward into some of the new development areas. However, Mrs. Archer stated we cannot
disregard the need for continuity. Also, the need for the CRA to work closely with the
Commission and reflecting the concerns, wants, direction, and methodology of the Commission.
Mrs. Archer moved to reappoint W. Howard Ellingsworth (incumbent) as a
member to the Community Redevelopment Agency for a four-year term ending July 1, 2005,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer -
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes.
Said motion passed with a 5 to 0 vote.
Mr. Levinson moved to reappoint Kevin McCarty (incumbent) as a member to the
Community Redevelopment Agency for a four-year term ending July 1, 2005, seconded by Mr.
Perlman.
Prior to the vote, Mr. Perlman commented that he made his appointment
approximately one month ago. Mr. Perlman stated he is the Commission liaison to the CRA and
Co-Chair of the Downtown Business District Plan. Aside from the people who live and work in
that district, he feels he has a stake in the success of that agency. Under the leadership of Mayor
Schmidt, Mr. Perlman stated this Commission has spent the past 16 months working very hard to
include the community in our planning processes because we believe it is important for residents
to have a say in the future of their own neighborhoods. Mr. Perlman stated he has personally
spent the better part of the year working to secure the MacArthur Grant to make sure the
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Downtown Charrette would be successful. Mr. Perlman stated this work has not stopped as
meetings are held frequently regarding various aspects of the plan. Mr. Perlman stated last week
we received a two-year renewal grant that is MacArthur's acknowledgement that we have done a
good job. Mr. Perlman stated the attendance of the Charrette and its outcome has been the
proudest moment that he has had as a Commissioner. He feels the accomplishments the Steering
Committee accomplished over the months they were together and what was produced as a result
of that weekend was among the most significant accomplishments the City has had in its recent
history. Furthermore, Mr. Perlman stated the positive feelings derived from the Charrette would
mean nothing if we do not implement the plan particularly in relation to West Atlantic Avenue.
Mr. Perlman stated he is very disappointed that there was no participation at the Charrette from
the CRA Commissioners. Regardless of their reasons, Mr. Perlman feels this was a mistake.
Mr. Perlman stated regardless of who is reappointed or not this evening, our focus as a
Commission and community should be getting that plan accomplished.
Mr. Levinson stated he made a commitment when he was running and after he
was elected that he was going to do what he thought was best for all of Delray. Mr. Levinson
stated apparently some people do not think he is doing this and instead of discussing the issues
they are making personal attacks. Mr. Levinson suggested that if someone wants to disagree on
the merits of something then that is appropriate conversation. However, Mr. Levinson feels it is
not appropriate to make comments regarding the impunity of an individuals integrity or ability to
make a decision.
Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion
passed with a 5 to 0 vote.
Ms. McCarthy moved to appoint Alfred Straghn as a member to the Community
Redevelopment Agency for a four-year term ending July 1, 2005, seconded by Mr. Perlman.
Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor $chmidt - Yes;
Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0
vote.
Mayor Schmidt moved to reappoint James L. Shuler (incumbent) as a member to
the Community Redevelopment Agency for a four-year term ending July 1, 2005, seconded by
Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor $chmidt - Yes; Mr.
Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion
passed with a 5 to 0 vote.
At this point, the time being 7:00 p.m., the Commission moved to the duly
advertised Public Hearings portion of the agenda.
9.M. CONTRACT/FLORIDA STATE DEPARTMENT OF CHILDREN &
FAMILIES: Consider approval of a contract with the Florida State Department of Children
and Families - Alcohol, Drug Abuse and Mental Health (ADM) Program for FY 2001-2002,
providing the City $185,000.00 in substance abuse prevention funding assistance.
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Lula Butler, Director of Community Improvement, explained that this is an
annual contract with DCF on behalf of a contract that the City receives and administers as a
fiscal agent for MAD DADS. This particular source of funding funds their extended coordinator
position, their teen coordinator position, and the one-stop shop center at the sub-station. DCA
has changed their rules and presented a challenge to the City to have this contract back to them
by tomorrow. Ms. Butler stated there are no changes to the contract from last year to this year
and the grant is for $185,000.
Ms. McCarthy moved to approve the contract with the State of Florida of
Children & Families - Alcohol, Drug Abuse and Mental Health (ADM) Program for fiscal year
2001-2002, providing the City $185,000 in substance abuse prevention funding assistance,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes;
Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said
motion passed with a 5 to 0 vote.
At this point, the time being 6:55 p.m., Senator Ron Klein gave a Legislative
Session Rap-Up.
o
PRESENTATIONS:
7oAo
Senator Ron Klein - Legislative Session Rap-Up
Senator Klein thanked the Commission for allowing him to give an update on the
Legislative Session. One, Mr. Klein stated the most important thing this year is election reform.
There will no longer be any type of punch card system but instead there will be an optical scan
system or a touch screen system which the County Commission has opted for if we have the
capacity to do it. Senator Klein stated the State Legislature has provided some funding but not
enough to provide for it so half the burden is left to the County for optical scan. Mr. Klein stated
the touch screen system is much more costly but is a terrific system.
Secondly, Senator Klein stated the Supreme Court mandated that we will now
have a uniform system of interpretation throughout all 67 counties in the State of Florida. If
there is anything post election revisiting on a mechanical or manual recount, there will be a
uniform system. There will also be a uniform ballot design throughout the State. As suggested
by a number of people from this community, Senator Klein stated there would be a "bill of rights
and responsibilities" which will be published and available at every precinct. Senator Klein
stated there is some funding that has been provided for education but in the next legislative
session he will make sure there is more money available. Furthermore, Senator Klein feels the
most important thing is if there is new equipment and new rules, every voter needs to familiarize
themselves with the new equipment well before Election Day. Senator Klein stated he will be
pushing for creating an Independent Elections Commission and have governors over a period of
time with staggered terms appoint people and then that group will then appoint a Secretary to
operate the elections process.
At this point, the time being 7:00 p.m., the Commission moved to the duly
advertised Public Hearings portion of the agenda.
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10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 34-01: An ordinance amending Chapter 32 "Departments,
Boards and Commissions" of the City Code of Ordinances by modifying Section 32.07
"Membership Qualification/Requirements". 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. 34-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
CHAPTER 32, "DEPARTMENT S, BOARD S, AND
COMMISSIONS", HEADING "GENERAL PROVISIONS"; BY
AMENDING SECTION 32.07, "MEMBERSHIP
QUALIFICATIONS/REQUIREMENTS", TO PROVIDE THAT
SERVING AS AN OFFICER, DIRECTOR OR MANAGER OF A
BUSINESS WITHIN THE CITY CONSTITUTES AN
ADDITIONAL QUALIFICATION FOR MEMBERSHIP;
PROVIDING A GENERAL REPEALER CLAUSE, SAVINGS
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 34-01 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.
Alice Finst~ 707 Place Tavant~ asked the City Attorney to interpret what this
ordinance is and what will it do? In response, the City Attorney stated besides owning a business
if you are an officer, director or manager of a business located within the City this ordinance
adds additional qualifications. For example, the City Attorney explained that if someone does
not own a business but you are an officer, you are eligible for a board membership unless
excluded by other State Statutes, special laws or other ordinances. Ms. Finst stated at a previous
meeting there were comments expressed about the difficulty in getting people to serve on these
Boards. Ms. Finst stated she finds this is not entirely applicable to all the Boards available in the
City. She commented that there were 28 applications for the CRA Board so she feels there are
indeed people who are interested in serving if the Board is right for them. Ms. Finst suggested to
amend the ordinance a little further to read: "If the membership of the Board cannot be served
by residents of the City, that on an individual Board basis at the time that it come to the
Commission." In addition, Ms. Finst has some concerns about giving this blanket opportunity to
everyone even if they do work in the City.
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With regard to some previous comments expressed by Ms. Finst, she reiterated
that we need independent monitors or people outside the City that have a different perspective to
be participants on our Boards or to observe what is going on with regard to the Board
appointments. Ms. Finst suggested that the City look into having the League of Women Voters
monitor the City Boards. Ms. Finst stated for years the League of Women Voters have been
monitoring different activities throughout the United States and feels they could perhaps make
suggestions based on what is going on in other communities and what the Commission suggested
is needed on our Boards in Delray Beach. Furthermore, Ms. Finst explained she would like to
see this treated as a conditional use where after extenuating circumstances of being unable to fill
a board position, then it would come back to the Commission and could be plugged in on a one-
time basis.
Jean Beer~ 2145 S.W. 26th Terrace~ agrees wholeheartedly with comments
expressed by Ms. Finst. Ms. Beer stated this is wrong and feels the Charter Revision Committee
members should consist of people who are residents or business owners of the City.
Jay Slavim 2601 N.W. l0th Street~ stated she feels this all boils down to a
communication problem between the citizens of Delray and the workings of City Hall. Ms.
Slavin stated the Sun-Sentinel prints a special edition of the Delray Beach News several times a
week and suggested that the City utilize this paper in an effort to better educate the citizens. Ms.
Slavin stated someone in the City should be appointed to give the news of Delray Beach from
City Hall. Furthermore, Ms. Slavin stated when an ordinance is passed or an amendment has
been made there is no way of informing the citizens. Ms. Slavin stated the Sandoway parking lot
hours were recently extended until 9:00 p.m. and this is a perfect example of what citizens can
take advantage of but they do not even know about it. In conclusion, Ms. Slavin suggested that
the City have a boxed item in this Sun-Sentinel special edition marked "Special News from
Delray Beach" to better inform citizens of the happenings around town.
Henry Williams~ 310 N.W. 3ra Avenue~ asked for clarification regarding the
ordinance and questioned if you do not own a business within the City then does that mean you
cannot serve on a Board? In response, the City Attorney explained that you could be a resident of
the City and not own a business and still be able to serve on a Board. Mr. Williams concurred
with comments expressed by Ms. Finst and Ms. Beer. He stated although he feels they are doing
a good job, he feels there is always room for more and we should cooperate with all people.
John Bennett~ 137 Seabreeze Avenue~ stated the last hearing he spoke on behalf
of PROD and noted the changes that were made described as a compromise are not a
compromise in PROD's view. Mr. Bennett stated his general observation of the Downtown
Business Charrette, the Citizen Summit and Visions 2010 in one way or another addressed the
need to increase citizen participation in our government here in town. Mr. Bennett stated the
City is depriving citizens of the opportunity to serve on the City Boards by appointing people
who are not citizens. Mr. Bennett stated there was no personal intent to insult anyone and
extended an apology to Mr. Solomon if he felt offended.
Mr. Bennett stated there was a comment expressed that a Commissioner wished to
appoint someone who did not qualify to a pension board and he feels his desire is not really
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relevant and it all comes down to facts and logic. In addition, Mr. Bennett stated he does not feel
it is relevant what other cities do for us, but since it was brought up he informed the Commission
of the following. Mr. Bennett stated the Clerk's office in Boynton Beach stated in order to serve
on a Board in Boynton Beach one must be a resident and elector of Boynton Beach and the
Board's coordinator for the City of Boca Raton stated that for 19 out of 20 of their Boards one
needs to be a registered voter in Boca Raton and the 20th is for the Mental Disability Board.
Bill Schwartz~ 3863 Live Oak Boulevard~ stated Ms. Slavin touched the tip of
the iceberg when she stated the necessity of appointments should appear in the press. Mr.
Schwartz suggested that the City have a part-time public relations person in-house. Mr.
Schwartz stated certain legislation should get to the press along with other newsworthy
accomplishments. Mr. Schwartz feels this would be beneficial to our citizens and our City and
urged the Commission to consider his suggestion.
Evelyn Dobsom 130 N.W. 3ra Avenue~ stated that when someone is appointed to
fill a vacancy on a Board in Delray, Ms. Dobson suggested that there be a designated place
where there is paperwork available regarding the responsibilities of that particular Board. For
example, Ms. Dobson stated she applied for the CRA Board and her name was on the list of
appointees. However, when she was called and asked certain questions about different things
that were to take place in Delray and about different designated areas, she was not familiar with
what was being asked and therefore could not answer the questions properly. Ms. Dobson feels
it is important that the more information a person has then would be more familiar with the
undertakings of a Board or Committee and better prepared to answer the questions. In addition,
Ms. Dobson stated, if your name is on the list you already have that information in hand so when
you are asked the questions you can answer the questions in a proper manner because then you
know the boundaries and responsibilities of those Board members.
There being no one else who wished to address the Commission on this issue, the
public hearing was closed.
Mr. Levinson moved to adopt Ordinance No. 34-01 on Second and FINAL
Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman -
Yes. Said motion passed with a 5 to 0 vote.
10.B. ORDINANCE NO. 32-01: An ordinance rezoning from GC (General
Commercial) to AC (Automotive Commercial) for a parcel of land located on the west side of
North Federal Highway approximately 920 feet north of Lake Avenue for Autobahn Motors, Inc.
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. Quasi-Judicial Hearing
The City Manager presented Ordinance No. 32-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING AND PLACING
LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL)
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DISTRICT TO AC (AUTOMOTIVE COMMERCIAL)
DISTRICT; SAID LAND BEING A PARCEL OF LAND
LOCATED ON THE WEST SIDE OF NORTH FEDERAL
HIGHWAY, APPROXIMATELY 920' NORTH OF LAKE
AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN;
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. 32-01 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 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.
At this point, the City Attorney announced anyone who wishes to speak on the
ordinance, the conditional use, or the waiver needs to be sworn in.
Barbara Garito, Acting City Clerk, swore in those individuals who wished to give
testimony on this item.
Paul Dorling, Planning Director, entered into the record the Planning and Zoning
Department's project file #2001-130 & #2001-131.
Mr. Dorling stated the 1.81-acre site is located on the west side of North Federal
Highway and is approximately 920 feet north of Lake Avenue within the North Federal Highway
redevelopment area.
On October 8, 1979, the City Commission annexed the subject property with the GC
(General Commercial) zoning designation. The property contained a mobile home park known
as the Arrow Trailer Park. The trailer park has been recently demolished to make way for
redevelopment of the site. The applicant has submitted an application to change the zoning
district map designation from GC (General Commercial) to AC (Automotive Commercial) to
allow the establishment of an automotive dealership. A conditional use application has been
submitted to allow a full service vehicle repair facility at the subject property in conjunction with
a "high end" used automobile and new electric automobile dealership.
The conditional use request is to establish a full service vehicle repair for the electric
car dealership and the used car facility. The hours of operation will be from 8:00 a.m. until 5:00
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p.m. Monday through Friday and 8:00 a.m. until 1:00 p.m. on Saturday. They will be closed on
Sunday and there will be no body shop repair associated with this request. The report contains a
discussion with respect to the conditional use and capability with adjacent properties. Staff feels
that there are sufficient regulations in place to assure minimum impact on adjacent properties.
The report specifically identifies the overhead doors, which would face Dixie Highway, and a
special landscape condition is proposed. Based upon positive findings, staff recommends
approval of the conditional use request.
At its meeting of May 21, 2001, the Planning and Zoning Board held a public
hearing in conjunction with the requests. After reviewing the staff report and discussing the
proposal, the Board voted 7-0 to recommend that the requests be approved, based upon positive
findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land
Development Regulations, and policies of the Comprehensive Plan. Mr. Dorling stated there
was a comment by two people. One comment was from the Executive Director of the CRA who
supported the request and the other comment was made by a woman from Kokomo Key who
expressed concern that the whole area did not go to auto uses as like south Federal Highway.
Mr. Dorling stated the rezoning application includes a waiver request to the
following section of the City's Land Development Regulations Section 4.4.10(F)(2)(d), which
requires a minimum lot area of 1.5 acres for the sale, lease, or rental of automobiles, boats,
recreational vehicles, or trucks. The gross site area is 1.81 acres and there is significant
dedication required of this property 20 feet along Dixie Highway and 10 feet along Federal
Highway. With these dedications, this reduces the parcel size to 1.42 acres. Given the extent of
dedications from the property along with the fact that property sizes are usually interpreted based
upon the gross site area, approval of the waiver appears appropriate. The necessary positive
findings for the waiver are listed in the Planning and Zoning Staff Report with respect to LDR
Section 2.4.7(B)(5). The Planning and Zoning Board considered this item at their meeting of
May 21,2001, and unanimously recommended approval.
Louis Carbone~ 65 N.E. 4th Avenue~ speaking on behalf of Autobahn Motors,
Inc. stated as we all know this property is located in the North Federal Highway corridor. In
1979, the City annexed many of the commercial properties along North Federal Highway and
this property was included in the annexation. Mr. Carbone stated as a result of the annexation,
many of the properties were either non-conforming or had marginal uses. In 1997, the City and
the CRA recognized this area as a "blighted" area especially many of the commercial properties.
There was an intense study similar to the Downtown Charrette held for West Atlantic Avenue
where many citizens were a part of and came up with new ideas for the study. As a result of that
study, the Regional Planning Council was involved and the North Federal Redevelopment Plan
was adopted in March 1999. Mr. Carbone stated this property was operated as a trailer park and
continued to after the annexation and it fell into to major disrepair. There were numerous code
violations, problems with criminal activity on the property, and questions as to whether or not
the property should be condemned. The property was purchased for the purposes of
redevelopment in accordance with the North Federal Highway Plan. Mr. Carbone stated the
Autobahn proposal meets the following objectives of the redevelopment plan:
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2.
3.
4.
5.
6.
Improve the overall appearance of the area.
Most cars will be displayed indoors (high-end luxury cars).
Identify some appropriate uses for areas along North Federal Highway.
Provide economic development and investment in the area (electric cars).
Creation of jobs (15-16 new jobs).
Eliminate "blight" and non-conforming uses.
Mr. Carbone emphasized that this is not a used car dealership but a high-end
luxury style dealership. He stated there are some conditional use protections that are built in to
the application, which include that the building will be of superior standards. The building will
be a neo-classical style building with a loading area that is created on the site which allows for
deliveries to occur on the site rather than to backup traffic on Dixie Highway or North Federal
Highway.
With regard to the waiver request, the overall gross area of the site is 1.8 acres,
which exceeds the 1.5-acre requirement. It is only through the dedications that the property is
reduced to 1.42 acres. In the North Federal Highway Redevelopment Plan it is noted that the
City was asked to work with the Department of Transportation to maybe reduce the right-of-way
requirements. Mr. Carbone stated this has not yet been done so based on the forgoing issues the
waiver is minimal and is warranted.
Diane Dominguez, CRA Director, stated the CRA supports this project and stated
they have worked with the owner on obtaining a grant from the County. Ms. Dominguez stated
the CRA is matching the grant and feels it is consistent with the North Federal Highway
Redevelopment Plan.
There being no one else who wished to address the Commission on this issue, the
public hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 32-01 on Second and FINAL
Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer -
Yes. Said motion passed with a 5 to 0 vote.
CONDITIONAL USE REQUEST/AUTOBAHN MOTORS
AUTOMOTIVE DEALERSHIP: Consider a conditional use request to
allow the establishment of a full service vehicle repair facility for
Autobahn Motors, Inc. located on the west side of North Federal Highway
approximately 920 feet north of Lake Avenue.
Mrs. Archer moved to approve the Conditional Use Request to allow the
establishment of a full service vehicle repair facility for Autobahn Motors, Inc. subject to the
conditions as listed on page 11 of the Planning and Zoning Staff Report, seconded by Mr.
Perlman. Upon roll the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt -
Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5
to 0 vote.
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06/19/01
Prior to the roll call, Mayor Schmidt commented that one of the conditions of this
conditional use is that it not impinge on the surrounding neighborhood. Mayor Schmidt stated if
you drive west down N.W. 22nd Street to Northridge Road on Saturdays, he stated he could hear
the name of every person whose car is being serviced at Borton Volvo because he can hear the
loud speakers. According to the agenda backup material there is residential property that is 272
feet away, which is even considerably closer than his house. He expects that there be no loud
speakers so people do not hear the microphone from the service area.
WAIVER REQUEST/AUTOBAHN MOTORS AUTOMOTIVE
DEALERSHIP: Consider a waiver to LDR Section 4.4.10(F)(2)(d),
which requires a minimum lot area of 1.5 acres for Autobahn Motors
Automotive Dealership, located on the west side of North Federal
Highway, approximately 920 feet north of Lake Avenue.
Mrs. Archer moved to approve the waiver request for Autobahn Motors
Automotive Dealership, seconded by Mr. Perlman. Upon roll call the Commission voted as
follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes;
Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
10.C. ORDINANCE NO. 37-01 (FIRST READING/FIRST PUBLIC HEARING:
An ordinance amending Land Development Regulations, Section 4.4.13 Regarding the Parking
Requirements in the CBD zone district to accommodate required parking utilizing valet or
tandem parking, and Section 4.6.9 establishing design standards and regulations for valet and
tandem parking arrangements. If passed, a second reading/second public hearing will be
scheduled for July 10, 2001.
The City Manager presented Ordinance No. 37-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY 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)(1)(e),
"SUPPLEMENTAL DISTRICT REGULATIONS", AMENDING
SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS",
SUB SECTION 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
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4.6.9(F), "SPECIAL PROVISIONS", BY ENACTING A NEW
SUBPARAGRAPH 4.6.9(F)(3) TO ESTABLISH DESIGN
STANDARDS AND REGULATIONS FOR VALET AND
TANDEM PARKING ARRANGEMENTS; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 37-01 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Paul Dorling, Planning Director, stated at the May 15, 2001 City Commission
Meeting, this text amendment was presented with the inclusion of appliance lift systems, which
was unanimously denied. Mr. Dorling stated direction was given to modify the ordinance to
remove reference to the appliance lift systems, continue to allow the required parking utilizing
valet parking in tandem parking configurations, and extend the option to the entire CBD.
Mayor Schmidt declared the public hearing open. There being no one who
wished to address the Commission on this issue, the public hearing was closed.
Mr. Perlman moved to adopt Ordinance No. 37-01 on First Reading/First Public
Hearing, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr.
Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt -
Yes. Said motion passed with a 5 to 0 vote.
10.D. PUBLIC HEARING/BLOCK 28 AND BLOCK 36 (ATLANTIC GROVE): A
Public Hearing regarding the following actions relating to the proposed 4.6 acre mixed-use
project located on Blocks 28 and 36 (Atlantic Grove), on the north side of West Atlantic Avenue,
between NW 3rd and NW 5th Avenues. The Public Hearing is specifically to consider the
following:
Amending the current 2000-2001 Annual Action Plan for the City's
Community Development Block Grant Program (CDBG) to include submittal
of applications for an Economic Development Initiative (EDI) Grant and a
Section 108 Loan for the 4.6 acre mixed-use project.
Lula Butler, Director of Community Improvement, explained that the first public
hearing is regarding a procedure item under compliance with our Citizens Participation Process
which requires that before the City could submit under the Section 108 Program or the EDI
Grant, that our Annual Action Statement must be amended to include these activities. The
Annual Action Statement must be amended because it is occurring within this fiscal year and
these two activities were not anticipated. Furthermore, Ms. Butler stated this is considered a
procedure change and the proper advertising is complete.
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Mayor Schmidt declared the public hearing open. There being no one who
wished to address the Commission on this issue, the public hearing was closed.
Mrs. Archer moved to approve the amendment to the current 2000-2001 Annual
Action Plan for the City's community Development Block Grant Program (CDBG), seconded by
Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion
passed with a 5 to 0 vote.
Authorize the submittal of a $300,000 EDI Grant application and a $1.5
million Section 108 Loan Guarantee application to assist with the
development of the 4.6-acre mixed-use project.
Ms. Butler stated the second part of this public hearing is regarding the submittal
of authorization to submit the two grant applications. One is for the Section 108 Loan Program
and the other is for EDI Grant application. Ms. Butler stated the development team is going back
to the CRA for some amendments to their projects and this is going to impact how the loan is
structured and the repayment of the loan. Ms. Butler respectfully asked the Commission to
continue this item under the Section 108 Guarantee application until the CRA has voted on that
particular amendment under their contract provisions. However, Ms. Butler staff needs
authorization to proceed with the EDI application because there is a July 6th deadline. HUD will
not approve the EDI Grant application without the Section 108 Loan Guarantee application being
submitted.
Mayor Schmidt declared the public hearing open. There being no one who
wished to address the Commission on this issue, the public hearing was closed.
Mrs. Archer moved to approve the EDI Grant and the postponement to a date
certain of July l0th for the remaining Section 108 Loan Guarantee application, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy
- Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a
5 to 0 vote.
10.E. ORDINANCE NO. 35-01: An ordinance amending Chapter 91, "Animals" of the
Code of Ordinances and amending Section 91.51 "Lighting Restrictions Along Beach", to
provide for a change in the dates and times that artificial lighting along the beach shall be
prohibited. 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. 35-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
CHAPTER 91, "ANIMALS"; BY AMENDING SECTION 91.51,
"LIGHTING RESTRICTIONS ALONG BEACH", TO PROVIDE
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FOR A CHANGE IN THE DATES AND TIMES THAT
ARTIFICIAL LIGHTING ALONG THE BEACH SHALL BE
PROHIBITED; PROVIDING A GENERAL REPEALER
CLAUSE, SAVINGS CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 35-01 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Paul Dorling, Planning Director, stated the County funds that are expended for
dune restoration or shore protection projects within municipalities are contingent upon the
municipality adopting an equally stringent or more stringent ordinance regarding lighting
restrictions for sea turtles. This ordinance will bring the City's lighting requirements into
compliance with the lighting requirements of the County's ordinance enabling the City to
continue to receive County funds for the Beach Renourishment Project. The changes provide
that lighting restrictions shall be in place from dusk to dawn rather that from 11:00 p.m. to 6:00
a.m. and shall extend from March 1st, rather than May 1st until October 31st of each year.
Mayor Schmidt declared the public hearing open. There being no one who
wished to address the Commission on this issue, the public hearing was closed.
Mr. Perlman moved to adopt Ordinance No. 35-01 on Second and FINAL
Reading, 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. Levinson -
Yes. Said motion passed with a 5 to 0 vote.
10.F. ORDINANCE NO. 36-01: An ordinance amending Chapter 33, "Police and Fire
Departments" of the City Code of Ordinances, by amending Section 33.685, "Deferred
Retirement Option Plan", authorizing the Pension Board to select a third party administrator to
provide a self-directed investment program for DROP Accounts. 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. 36-01:
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 33.685, "DEFERRED RETIREMENT OPTION
PLAN"; AUTHORIZING THE PENSION BOARD TO SELECT
A THIRD PARTY ADMINISTRATOR TO PROVIDE A SELF-
DIRECTED INVESTMENT PROGRAM FOR DROP
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ACCOUNTS; PROVIDING A VALIDITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
(The official copy of Ordinance No. 36-01 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.
Mr. Perlman moved to adopt Ordinance No. 36-01 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. Levinson - Yes; Ms. McCarthy -
Yes. Said motion passed with a 5 to 0 vote.
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. Jean Beer, 2145 S.W. 26th Terrace, stated when she lived in Tropic Isle there
were 14 dealerships with their loud speakers going day and night which is why the City Code
now states that dealerships may not use outside loud speakers. Therefore, Ms. Beer stated if
anyone has a problem regarding this issue they should inform Code Enforcement.
Ms. Beer commended Lula Butler, Ken Thomas and Winston Hudson in the
Community Development Division for doing a marvelous job on the "Neighborhood Summit".
She stated this was very successful and many people have expressed interest to hold another one
of these events requesting that each workshop last approximately three hours. Ms. Beer stated
there were Leadership sessions (one on newsletter and one on functions in the community to
bring the community together). Ms. Beer stated the man who headed the Leadership session was
wonderful and has community programs for each neighborhood association. Ms. Beer
emphasized that if the City is going to have successful redevelopment, the people in the area
have to be involved. She stated the City needs more leadership training and feels we should be
working jointly with the Chamber of Commerce to get the people in the neighborhoods involved
through this program.
12.
FIRST READINGS: None.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager.
The City Manager stated the Transportation Bill was vetoed. He explained this is
the Bill, which had the outdoor advertising requirement in it to pay compensation.
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13.B. City Attorney.
The City Attorney had no comments and inquiries on non-agenda items.
13.C.
13.C.1.
City Commission.
Commissioner Archer
Mrs. Archer inquired about the newsrack proposal and stated she has seen some
very unsightly newsracks lately.
The City Attorney stated there is a meeting tomorrow and staff is drafting the
ordinance with changes. Upon completion of the ordinance, staff will present the proposed
ordinance to the Commission for consideration.
13.C.2.
Commissioner Perlman
Mr. Perlman commended Danielle Gallo, Recreation Supervisor III/Marketing
with the Parks and Recreation Department for running the "Dad & Daughter Date Night". He
stated people came from all over to attend this event and feels it was a huge success.
13.C.3.
Commissioner McCarthy
Mrs. McCarthy stated she realizes that there were some people who were not
appointed to the CRA Board. However, Ms. McCarthy stated she would like those people to be
aware there are two vacancies on another Board. She encouraged everyone that if they want to
stay in the loop and be involved in making decisions, they can submit their applications for those
vacancies.
Secondly, Ms. McCarthy stated there is a yellow handbook that can be obtained in
the City Clerk's office that has a description of every committee that one can apply for within the
City of Delray Beach. This may be one way for someone to be better apprised of what these
committees look for and what their responsibilities are. If invited to an association meeting or
gathering, Ms. McCarthy stated she is more than willing to give input to someone if they need to
know how to better prepare themselves to be on a particular Board.
Ms. McCarthy explained that there are some people who are unable to attend the
Commission meetings but are very interested in the discussions. She suggested that the
newspaper reporters help the City to better inform the public by publishing brief notices
regarding various actions from City Commission meetings and any Board vacancies.
13.C.4.
Commissioner Levinson
Mr. Levinson stated he called all the applicants who submitted applications for
the CRA Board and personally thanked each one of them and noted he spoke to all but two
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applicants. He stated there were many good candidates who applied for this Board and feels it is
unfortunate that there were not more vacancies.
Mr. Levinson commented about the Lady Lucille Cruises item being pulled from
the agenda and suggested that the Commission wait before considering signing a new contract
with the Ramblin Rose. Mr. Levinson stated he does not want to see the boat slip vacant for the
three or four months during the summer. The City Manager stated the reason this item was
removed from the agenda is because the City has a 50-amp service. The applicant stated he
needs a 100-amp service and is not sure whether the investment is worth it for the length of time
he will be docked at Veteran's Park.
Mr. Levinson stated beginning Friday, June 22nd, he will be out of town for three
weeks and will be absent for the Regular City Commission Meeting of July 10th.
13.C.5. Mayor Schmidt
Mayor Schmidt noted he made it back safely from Japan.
Secondly, Mayor Schmidt announced the All America City Dress Rehearsal
Presentation started at 7:30 p.m. this evening and he is going over to Old School Square. He
invited the public over to see the presentation.
15. Settlement of Jesner Exanor v. City of Delray Beach case and Stephen Seldin
v. City of Delray Beach claim.
The City Attorney stated that the estate in the case of Jesner Exanor v. the City of
Delray Beach would accept a settlement in the amount of $1.5 million. There would be an
immediate payment of $195,000 with the City supporting a claims bill for the remainder. In
addition, the settlement for the claims of Mr. & Mrs. Seldin would be approximately $5,000.
For the benefit of the public who may not be familiar with this case, Mayor
Schmidt noted this is the case where a woman was killed in the automobile accident with a
police car driven by a Delray Beach police officer.
Mr. Levinson moved to approve the settlement, seconded by Mr. Perlman. Upon
roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson
- Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote.
There being no further business, Mayor Schmidt declared the meeting adjourned
at 8:00 p.m.
Acting City Clerk
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06/19/01
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 Commission Meeting held on June 19,
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.
-27-
06/19/01
applicants. He stated there were many good candidates who applied for this Board and feels it is
unfortunate that there were not more vacancies.
Mr. Lcvinson commented about the Lady Lucillc Cruises item being pulled from
the agenda and suggested that the Commission wait before considering signing a new contract
with the Ramblin Rose. Mr. Levinson stated he does not want to see the boat slip vacant for the
three or four months during the summer. The City Manager stated thc reason this item was
removed from the agenda is because the City has a 50-amp service. The applicant stated he
needs a 100-amp service and is not sure whether the investment is worth it for the length of time
he will be docked at Veteran's Park.
Mr. Levinson stated beginning Friday, June 22nd, he will be out of town for three
weeks and will be absent for the Regular City Commission Meeting of July 10th.
13.c s.
Mayor Schmidt
Mayor Schmidt noted he made it back safely fi'om Japan.
Secondly, Mayor Schmidt announced the All America City Dress Rehearsal
Presentation started at 7:30 p.m. this evening and he is going over to Old School Square. He
invited the public over to see the presentation.
15~. Settlement of Jesner Exanor v. City of Delray Beach case and Stephen Seldin
v. Ci~, of Delray Beach claim.
The City Attorney stated that the estate in the case of Jesner Exanor v. the City of
Delray Beach would accept a settlement in the mount of $1.5 million. There would be an
immediate payment of $195,000 with the City supporting a claims bill for the remainder. In
addition, the settlement for the claims of Mr. & Mrs. Seldin would be approximately $5,000.
For the benefit of the public who may not be familiar with this case, Mayor
Schmidt noted this is the case where a woman was killed in the automobile accident with a
police car driven by a Delray Beach police officer.
Mr. Levinson moved to approve the settlement, seconded by Mr. Perlman. Upon
roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson
- Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote.
There being no further business, Mayor Schmidt declared the meeting adjourned
at 8:00 p.m.
Acting City Clerk
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06/19/01
ATTEST:
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 Commission Meeting held on June 19,
200~, 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 a~er
review and approval, which may involve some amendments, additions or deletions.
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06/19/01