10-02-01OCTOBER 2~ 2001
A Regular Meeting of the City Commission of the City of Delray Beach, Florida
was called to order by Mayor David Schmidt in the Commission Chambers at City Hall at 6:00
p.m., Tuesday, October 2, 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 -
Assistant City Manager Robert A. Barcinski
City Manager David T. Harden
City Attorney Susan A. Ruby
City Clerk Barbara Garito
2. INVOCATION:
Rabbi Suzanne Carter, Chaplain for the Delray Beach Police and Fire Department
delivered the opening prayer.
o
The Pledge of Allegiance to the flag of the United States of America was given.
o
AGENDA APPROVAL.
Mr. Perlman requested that Item 8.E., Renewal/Lanl~ton Associates, of the
Consent Agenda be moved to the Regular Agenda as Item 9.A.A.
Mr. Levinson commented about Item 8.K., Delray Beach Renaissance Program
Subsidy of the Consent Agenda and noted that the agenda backup does not correspond to the
amounts listed in the documents. Mr. Levinson noted a typographical error in the agenda memo
backup and stated it references a dollar amount of $25,000 but is actually listed as $19,500.
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 September
19, 2001 as presented, seconded by Mr. Levinson. 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.
PROCLAMATIONS:
6.A. Recognizing and commending the Ocean Rescue Lifeguard Competition
Team on their achievements at the 2001 United States Lifesaving Association National
Championships.
Mayor Schmidt read and presented a proclamation hereby recognizing and
commending the 2001 Delray Beach Ocean Rescue National Champion Team represented by
Chris Wiley, Regis Smeltz, Walter Baum, Amy Schwarz, Bethanne Schwarz, Mark Henkle,
Shaun Gibson, James Newman, Jo Wagenhals, Tom Hemenway and Mason Pearce for their
representation of the City of Delray Beach and offer them congratulations on a job well done in
the 2001 United States Lifesaving Association National Lifeguard Championships. Rich
Connell, Beach Supervisor/Parks and Recreation Department came forward to accept the
proclamation.
6.B. Recognizing and commending the Ocean Rescue Junior Lifeguard
Competition Team on their achievements at the 2001 United States Lifesaving Association
Junior Lifeguard National Championships.
Mayor Schmidt read and presented a proclamation recognizing and commending
the following Delray Beach Junior Lifeguards for their superior achievement at the United States
Lifesaving Championships:
Chelsea Fontes
Keith Fontes
Nicole Fontes
Kaitlin Godden
Molley Godden
Jillian Kenney
Ashley Manning
Andrew Meeder
Alyssa Teneyck
And recognize and commend the following Junior Lifeguards for their
achievements at the Southeast Regional Junior Lifeguard Competition in Pompano Beach,
Florida on July 28, 2001:
Michael Clark
Chase Dunn
Daniel Gagne
Christian Heigard
Lauren Herrington
Zack Jones
Casey Robertson
Nicole Schappert
Chris Schmitt
Sarah Worch
And recognize and commend Junior Lifeguard Instructors Operation Supervisor
Steve Zickl and Ocean Rescue Officer Tyler Adams, and the entire staff of the Ocean Rescue
Division for their commitment to the youth of the City of Delray Beach, and offer them
congratulations on a job well done with the 2001 Delray Beach Junior Lifeguard Program. Steve
Zickl came forward to accept the proclamation.
-2-
10/02/01
6oCo
Proclaimin~ October 2001 as "UNITED WE STAND MONTH"
Mayor Schmidt read a proclamation proclaiming October 2001 as "United We
Stand Month" in commemoration of the tremendous rescue and recovery endeavors in the City
of New York, Washington, D.C. and the State of Pennsylvania; extending heartfelt sympathy to
thousands of families and business owners who must begin again to rebuild their lives and who
will be forever impacted by this senseless and tragic act of terrorism; and urging all residents of
the City to "Stand United", pulling together to show a force of strength behind the greatest
nation.., our United States of America.
°
PRESENTATIONS:
None.
o
CONSENT AGENDA: City Manager Recommends Approval.
8.A. FINAL PLAT/CARLSON-BLACK: Approve the final plat for Carlson Black, a
two lot subdivision with an office building proposed on Lot 1 and a hotel proposed on Lot 2.
The property is located on the south side of West Atlantic Avenue east of Whatley Road.
8.B. FINAL PLAT/PARKSIDE TOWNHOMES OF DELRAY: Approve the final
plat for Parkside Townhomes of Delray, the project consists of 165 garden apartments and is
located north of West Atlantic Avenue and west of Coral Trace Boulevard.
8oCo
AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF
DELRAY BEACH AND THE DELRAY BEACH PUBLIC LIBRARY ASSOCIATION,
INC.: Approve Amendment No. 1 to the agreement between the City of Delray Beach and
Delray Beach Public Library Association, Inc. delineating the Association shall be solely
responsible for the design and construction of the new library and selection of design
professionals and contractors.
8ono
RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS: Ratify the various actions approved by
the South Central Regional Wastewater Treatment and Disposal Board at the Quarterly Annual
Meeting of September 19, 2001.
8oEo
THIS ITEM WAS MOVED TO THE REGULAR AGENDA AS ITEM
9.A.A.
8oFo
MUNICIPAL TAX CONSULTING AND MANAGEMENT AGREEMENT:
Approve an agreement with Municipal Tax Consulting and Management to recover sales taxes
that may have been paid to vendors. This is a contingency fee contract from a "sole source"
vendor with a cost of 33.33% of total funds recovered. If no funds are recovered, than there is no
charge for services.
8oGo
LEASE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH,
-3-
10/02/01
BUCKEY DENT BASEBALL SCHOOL~ INC. AND TOUSSAINT L'OUVENTURE
HIGH SCHOOL FOR ART AND SOCIAL JUSTICE: Approve the license agreement
between the City, the Buckey Dent Baseball School, Inc., and Toussaint L'Ouventure High
School for Art and Social Justice for temporary use of the baseball school's facilities from
October 1,2001 through December 31,2001.
8.H. CONTRACT ADDITION/ROSSO PAVING & DRAINAGE: Approve
contract addition to contract for Rosso Paving & Drainage in the total amount of $56,186.70 for
the construction of a parking lot on Gleason Street across from the First Presbyterian Church
($30,501.00) and at the Environmental Services complex ($25,685.70). Funding is available
from 115-000-248-01.00 (Parking in lieu of fee) for $30,501.00 and 442-5178-536-63.90 (Other
Improvements) for $25,685.70.
8.1. SERVICE AUTHORIZATION #5/CH2M HILL (ANION EXCHANGE
TREATMENT): Approve Service Authorization #5 with CH2M Hill in the amount of
$107,127.00 for professional engineering services for pilot testing and preliminary design of the
Anion Exchange Treatment System at the Water Treatment Plant. Funding is available from
442-5178-536-63.87 (Anion Exchange Project).
8.J. CONTRACT AWARD/EIMCO PROCESS EQUIPMENT COMPANY:
Approve a contract award to Eimco Process Equipment Company (sole source provider) in the
amount of $51,510.00 for the rehabilitation of Clarifier No. 4 at the Water Treatment Plant.
Funding is available from 442-5178-536-64.90 (R&R-Other Machinery & Equipment).
8.K. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve fund
subsidies for five (5) eligible applicants/families in the amount of $19,500 for SW 8th Avenue,
$18,000 for SW 3rd Avenue, $19,238 for SW 6th Avenue, $15,000 for SW 13th Avenue, and
$15,000 for SW 13th Avenue. This represents 130-homeowner assistance under Renaissance
Program. Funding is available from 118-1924-554-83.01 (SHIP Program).
8.L. RESOLUTION NO. 60-01: Approve Resolution No. 60-01 assessing costs for
action necessary to abate nuisances on thirteen (13) properties throughout the City.
The caption of Resolution No. 60-01 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER
100 OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, ASSESSING COSTS FOR ABATING
NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING THAT A
NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF
ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED
BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND
FOR A DUE DATE AND INTEREST ON ASSESSMENTS;
-4-
10/02/01
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. 60-01 is on file in the City Clerk's office.)
8.M. RESOLUTION NO. 61-01: Approve Resolution No. 61-01 assessing costs for
action necessary for the emergency board-up of an unsafe structure located at 1331 NW 3rd
Street.
The caption of Resolution No. 61-01 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. 61-01 is on file in the City Clerk's office.)
8oNo
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
September 14, 2001 through September 28, 2001.
8o0o
AWARD OF BIDS AND CONTRACTS:
Bid award in the amount of $758,382.00 to Insituform Technologies for
trenchless sanitary sewer rehabilitation utilizing the existing Manatee County
contract unit prices. Funding is available from 442-5178-536-63.51 (Sewer
Mains).
°
Purchase award in the amount of $21,293.00 to Electric Motors of Palm
Beach for two (2) variable frequency drive units for replacement at Miller
Park and the South Pump Station. Funding is available from 441-5143-536-
64.90 (Other Machinery/Equipment).
-5-
10/02/01
o
Approve a lease agreement for an annual cost of $38,541.12 with Enterprise
Rent-A-Car to support undercover operations by the Police Department's
Vice, Intelligence and Narcotics (V1N) Unit. Funding is available from 001-
2115-521-44.40 (Vehicle Rental/Lease).
o
Contract renewal of various film and photographic supplies to Focus Camera
at an estimated annual cost of $17,216.59 via the City of Boca Raton Bid #98-
110. Funding is available from various departments' FY 2001-2002 operating
budgets.
Purchase award to Special Products Group for the purchase of uniforms for
the Police Department at an estimated annual cost of $67,710.25. Funding is
available from all divisions 52.22 (Uniforms/Linen Service) line items in the
FY 2001-2002 budget.
Ms. McCarthy moved to approve the Consent Agenda as amended, seconded by
Mr. Levinson. 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.
o
REGULAR AGENDA:
9.A.A. CONTRACT RENEWAL/LANGTON ASSOCIATES: Approve extension of
the Consulting Agreement between the City of Delray Beach and Langton Associates for a
period of one year at a fee of $62,500.00.
Mr. Perlman stated that he pulled this item and is happy to see that there is a
termination clause in the agreement. Mr. Perlman stated he would like to see some results in 3-6
months or he will call for termination of their contract.
Mr. Levinson stated he would like to have an amendment to the contract under
Item #4 where it states: "The client shall report to the City or its designee on all matters
concerning this agreement and the discharge of its scope of services." Mr. Levinson stated he
would like to have a frequency identified monthly or quarterly and have the report go to each
Commissioner so that they can get communicated with on a regular basis and stay updated. Mr.
Levinson stated that perhaps they could put a grid in of how they stand on some of the grants
they are applying for. Mr. Levinson stated this way the Commission would have a better
understanding of how they are doing and when they are successful. He suggested that Item #4 be
amended to specify the frequency and type of reporting. Mr. Levinson stated it could as simple
as sending the Commission a grid monthly that can be updated.
It was the consensus of the Commission to receive a written report monthly.
Ms. McCarthy commented on Item 2.B., Strategic Grants Plan Workshop
before the City Council and stated she believes when they came to the Workshop Meeting that
they were supposed to be giving the Commission a report of what they had done so far. Ms.
McCarthy stated this would imply that they were going to give us an idea of what they were
-6-
10/02/01
going to do the next fiscal year. The City Manager stated this would be his understanding as
well. Ms. McCarthy asked when this would be? In response, the City Manager stated this would
be before the next calendar year begins or before the legislature meets.
Ms. McCarthy asked for clarification with regard to Item #2.F., Intergovernmental Relations
with Federal and State Governments. The City Manager stated there are certain types of
grants that are budget line item things, or in working with the administrative agencies at the State
level. With regard to Federal, the City Manager stated it would involve working with all the
various agencies that administer the grants. Ms. McCarthy stated that under Item #5 it states
that..."If desired, Client can require a prior approval for travel expenses to be incurred by
Langton. If Client so desires, such request shall be made in writing separate from this
agreement. The notice shall require Langton to notify Client fifteen (15) days in advance of
necessary travel expenses, unless said time is waived in a particular case." With regard to the
words "prior approval", Ms. McCarthy commented that if this is not put in place she would like
to see this put in place.
Therefore, Mayor Schmidt stated the language change should read as follows: "If
desired, Client shall require a prior approval for travel expenses to be incurred by Langton."
Mrs. Archer commented that when the reporting is done, she would like to see the
number of grant opportunities and the potential dollar volume of opportunities that have been
presented to the City. In addition, Mrs. Archer stated she would also like to see the number of
grant opportunities and the dollar volume that the City has been able to receive so that the City
has some measurement of what they have given us and what the City has gotten out of it.
With regard to this report, Mr. Levinson stated he has envisioned that the report
could list a particular grant, how much the grant is for, whether it is secured or not secured, and
add language about where the City stands in the process applied for (i.e. "pending").
Mrs. Archer stated when the reporting was completed before, they had indicated
that they presented so many opportunities worth "xxx" amount of dollars and we had decided to
not take advantage of it for one reason or another. Mrs. Archer stated many opportunities can be
presented but are they something the City wants. Mrs. Archer stated she would also like to know
what we have actually been able to complete.
Mr. Levinson moved to approve the consulting agreement with Langton
Associates, Inc. as amended, 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.A.
RECONSIDERATION OF APPEAL OF THE SITE PLAN REVIEW AND
APPEARANCE BOARD ACTION: Reconsider an appeal of the Site Plan Review and
Appearance Board decision regarding approval of a Class V Site Development Plan, Landscape
Plan and Elevations associated with the Hotel Vista Del Mar, located approximately 300 feet
south of Atlantic Avenue on the west side of Ocean Boulevard, (State Road A-l-A). Prior to
consideration of this item, a public hearing has been scheduled to be held at this time. Quasi-
-7-
10/02/01
Judicial Hearing
Mayor Schmidt asked the Commission to disclose any ex parte contacts. For the
record, Mayor Schmidt stated he has spoken with Jess Sowards, Bob Currie, Michael Weiner,
Gary Eliopoulos, and received an e-mail from Kevin Warner.
Ms. McCarthy stated she has only received e-mails and has forwarded them to
City Hall.
Mr. Levinson stated he has only spoken to the same people that he talked to
during the first round (From meeting of September 4, 2001: Mr. Levinson stated he had lunch
with Bob Currie and a meeting with Michael Weiner and Perry DonFrancisco. In addition, Mr.
Levinson stated he had a number of e-mails, which he has made available to the City Clerk).
Mrs. Archer stated she has spoken with Michael Weiner, Fran Marincola, Jess
Sowards and Susan Ruby. In addition, Mrs. Archer stated she has received several e-mails,
which she will relay to the City Clerk's office.
Mr. Perlman stated he too has received several e-mails and had a telephone
conversation with Tom Lynch and Perry DonFrancisco. In addition, Mr. Perlman stated he had a
meeting with Jess Sowards.
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, City Clerk, swore in those individuals who wished to give testimony
on this item.
The City Attorney noted that this item is a reconsideration of the appeal of the Site
Plan Review and Appearance Board Action and the reconsideration of the City Commission
decision.
Paul Dorling, Planning Director, entered into the record the Planning and Zoning
Department's project file #2001-008.
Mr. Dorling stated this development proposal includes the demolition of the
Bermuda Inn, which is a twenty room two-story motel along with its associated pool and
parking. The new proposed hotel will contain 70 rooms and a private gym and spa. The use will
provide 50 parking spaces accommodated on the ground floor and at the low-grade level. There
will be a total of six floors including that sub-grade parking level and the structure will have an
overall height of 48 feet.
The proposal was considered by SPRAB on June 20, 2001 and July 11, 2001. The
proposal was unanimously approved by SPRAB on August 8, 2001. The project has been
modified during the course of the three meetings to address concerns of staff, the Board, and the
-8-
10/02/01
general public. Mr. Dorling stated the approval included the granting of three waivers.
On August 20, 2001, the Site Plan Review and Appearance Board's action was
appealed by Michael Weiner, attorney for Perry DonFrancisco, owner of Boston's Restaurant
(property immediately to the north). Mr. Dorling stated the City Commission on September 4,
2001 heard the appeal, and the Commission upheld the appeal and denied the project.
At its September 19, 2001 meeting, the City Commission voted to reconsider the
appeal. This reconsideration is based upon the presentation of revisions to the site plan. The
revised plans address the major issue related to the appeal; the zero setback at the northeast
corner of the site and its potential impact on the redevelopment of the property to the north.
Since the denial by the City Commission, the applicant has worked with the adjacent
property owners in an attempt to address those concerns. The primary concern voiced at the
Commission meeting was related to the four rooms located at the southeast corner of the site.
Mr. Dorling stated on the revised floor plan those four rooms on the second, third,
fourth, and fifth level has been removed. The overall number of rooms of 70 has been retained
by shifting the angle of the rooms and picking up another room on each side of each floor with
two of the rooms being converted to a gym and spa area. The total of 70 rooms is consistent
with what was originally approved. Mr. Dorling stated the east elevations have changed slightly.
There is the addition of canopies along the ground floor and there is the modification of the four
rooms on the north edge there, which have been removed. Mr. Dorling stated there is the
addition of some trellises along the top floor and a parapet wall. There is a faux glass storefront
element that is being placed in front of what used to be to the garage. The west elevation has
changed slightly with respect to the north property line. Mr. Dorling stated you could see the
elimination of the row of rooms from story two to story five. The north elevation has changed
with respect to several elements. The faux windows are now rear windows with shutters. The
angle of the rooms has been changed and there is now an additional room along that facade.
There is a flat parapet proposed along the entire building versus the broken up one, which was
originally proposed, and the windows between the rooms have been eliminated with the
reduction of those columns. The south elevations have changed slightly with respect to the tower
profile, which has been reduced. The rear windows have been provided where faux windows
were previously, there are differing setbacks along the ocean, a flat parapet wall is proposed and
windows between the room balconies have been eliminated.
Mr. Dorling stated the original approval did include three waivers. The waivers
included the following:
1. Approve a waiver to LDR Section 4.6.9(D)(c)(1), to reduce the required stacking distance for
the Salina Avenue driveway entrance from 20' to 14'.
o
Approve a waiver to LDR Section 4.6.14(A), to reduce the required stacking distance
Avenue driveway entrance from 20' to 10' and at the Ocean Boulevard driveway entrance
from 20' to 8', based upon positive findings with LDR Section 2.4.7(B)(5).
-9-
10/02/01
3. Approve a waiver to LDR Section 6.1.3(B), to eliminate the required sidewalk along Salina
Avenue.
In closing, Mr. Dorling stated this presentation summarizes the changes between
the previous plan and the new proposal, which is before the Commission for reconsideration.
Mr. Dorling stated he has included the original Planning and Zoning Staff Report
in the agenda packet for the Commission. Mr. Dorling stated he would like to enter the Planning
and Staff Report into the record and noted that this is in the original file as well.
Robert G. Currie~ architect with Robert G. Currie Partnership~ briefly
explained a rendering to demonstrate to the Commission what they were talking about in terms
of setbacks. Mr. Currie stated there is also a recess setback on the top floor including the
trellises and stated everything has been completed that is required of them. For example, they
have setbacks on all sides of the building, which is not required under the code, landscaping
which is not required under the code, and no restaurant, which is allowed. Mr. Currie reiterated
that everything has been done in compliance with the City Code and urged the Commission to
approve this project.
Michael Weiner~ speaking on behalf of the appellant Boston's Inc. and
Boston's on the Beach~ Inc, read the following statement into the record: "We do not have an
agreement with the owner; we do not an agreement with the applicant. We do have an
agreement based upon these particular plans submitted tonight with Rosa Hotel Development
Corp.; a corporation, which we are told, is controlled by Mr. Fran Marincola. It is our
understanding that this corporation is the alleged purchaser of the property."
Kevin Warner~ speaking on behalf of the Beach Property Owner's
Associatiom stated the Beach Property Owner's Association continues to oppose this for the
reason stated at the last meeting. Mr. Warner read the following statement into the record from
the minutes of September 4, 2001, taken from the City's website: "Mrs. Archer stated she
believes this sets a new precedent for the City of Delray Beach. She is opposed to the mass
along the beach".... Mr. Warner stated that according to the minutes of September 4, 2001, the
Mayor made the following statement: "Mayor Schmidt stated he does not feel the building as
proposed is compatible with the area." Mr. Warner stated there is a new proposal before the
Commission this evening and the staff report reads as follows: "the changes to the site plan are
minor". Mr. Warner encouraged the Commission to stand by their earlier expressed opposition
in terms of compatibility, size, and mass. Mr. Warner stated this is the beach area and is one of
the top two or three prime assets of the City of Delray Beach. Furthermore, Mr. Warner stated if
the City is going to maintain the village-like characteristics and integrity that various public and
formal venues including Visions 2010, the master plan, etc. and if we are going maintain the
integrity and standby those expressions of interest, then he encouraged the Commission to reject
this proposal.
John Bennett~ speaking on behalf of Progressive Residents of Delray~
distributed a verbatim transcription of comments from Commissioner Perlman, Commissioner
Archer, and Mayor Schmidt from the tape of the City Commission Meeting of September 4,
-10-
10/02/01
2001. Mr. Bennett quoted the following comment made by Commissioner Perlman: "I don't
believe the site plan is compatible and harmonious to adjacent properties because of its massive
footprint". Mr. Bennett stated that Commissioner Perlman also made reference to the possible
harm to our "village-like atmosphere". With regard to the summary of the plan, they have
reduced the size of the building from 45,960 feet to just over 1,000 feet of which over half was
on the top floor which amounts to just over two percent. Mr. Bennett inquired about this two-
percent reduction in this large building and if it really takes away from the massive footprint and
structure? Mr. Bennett stated the major change was to provide a 10-foot corridor on the property
line above the second floor and asked if this takes away from the 48-foot high wall that was of
such concern. Mr. Bennett urged the Commission be consistent with regard to their comments.
Harvey Over, Attorney with Gunster, Yoaklev and Stewart in West Palm
Beach speaking on behalf of Donald Robinson (residential owner of the property
immediately adiacent to and behind the proposed proiect along Salina Avenue), stated at the
meeting of September 4, 2001, he entered into the record the proposed footprint of this project.
Mr. Oyer again distributed the proposed footprint of this project for the record showing that it
takes up and creates an impervious area of approximately the entire site, which is a four-tenths of
an acre site. Mr. Oyer stated this is 170 per acre and creates a floor area ratio of 2.6. Mr. Oyer
stated to put this in perspective 1.0 is a relatively high FAR and noted that this proposed project
is 2 lA times that. Mr. Oyer does not think the modification presented to Commission in any way
addresses the issue that the majority of the Commission made their primary issue at the
September 4th meeting, which is that this is too massive a project and it diminishes the value of
the surrounding property owners including his client, and that it detracts from the beauty and the
streetscape of our City. In conclusion, Mr. Oyer presented pictures to the Commission of the
view that his client (Donald Robinson) will have from his home. Mr. Oyer stated Salina Avenue
is the functional equivalent to an alley (24 lA feet wide with a 10-foot setback from his front lawn
35 feet across). Mr. Oyer stated Mr. Robinson would have a view of a 48-foot building and with
the ancillary structures on the top 58 feet. Mr. Oyer stated his client is a residential property
owner and stated he feels he not only has an investment in the neighborhood but also feels that
he will loose his investment. Mr. Oyer urged the Commission to reject the proposed project.
Barbara Garito, City Clerk, swore in the following individual:
Thomas E. Lynch, 820 N. Federal Highway, stated Delray Beach has done so
well over the years and feels that if the Commission approves this project it could set a
precedent. Mr. Lynch stated this is a massive project and feels until the Commission actually
gets the CBD zoning and designs the plans of how the buildings will look in the future, they
should not move forward with the project. Mr. Lynch reiterated that approving this will only set
a precedent and cautioned the Commission to not rush into this. Mr. Lynch stated the density is
very critical and feels the Commission will be making a mistake if they go forward with this
project.
Michael Weiner, speaking on behalf of the appellant Boston's Inc., and
Boston's on the Beach, Inc., stated they have an agreement with Rosa Hotel Development,
Corp. and as part of that agreement he was asked to read the opening remarks to the
Commission. Other than those remarks, we have no comment and stated they would like to
-11-
10/02/01
abide by their agreement with Rosa Development Corp. Therefore, Mr. Weiner stated they
continue to have no other comment other than the opening statement. Mr. Weiner explained that
these agreements were worked out with Mr. Krall and if Mr. Krall has anything further to say
then the Commission may address him. Mr. Weiner reiterated that they have no comment.
Mark Krall~ Attorney with Listick & Krall~ P.A. representing the applicant~
for the record stated that there is a contractual agreement between the seller of the property who
is Eugenia Kerstin and an entity called Rosa Hotel Development Corp. Mr. Krall stated the
President of the Rosa Hotel Development Corporation is Mr. Fran Marincola. Mr. Krall stated
that Mr. Marincola also has an agreement with regard to a developer who has apparently been
listed as an applicant (Mr. Louis Capano) on this application. Mr. Krall stated the circumstances
are that when this project is approved, shortly thereafter there is going to be a closing, the
contract is going to be assigned, Mr. Capano is going to take title to the property and develop the
property pursuant to the plans that have been presented tonight. Mr. Krall stated an agreement
has been worked out with Boston's and is within his custody under an escrow agreement. Mr.
Krall stated his instructions under the escrow agreement are once this transaction is finalized and
the developer has taken title that Boston's agreement which is basically a reciprocal agreement
with regard to setbacks and with regard to the hotel not contesting the fact that if Boston's ever
wants to improve their property, they have agreed not to contest. Mr. Krall stated in Mr.
Weiner's office this evening apparently there were some questions for the first time to Mr. Krall
with reference to the situation with regard to the parties. Mr. Krall stated if these plans are
approved tonight, they can be contingent on the agreement with Boston's becoming a matter of
record and being recorded.
The City Attorney asked Mr. Weiner if the appeal has been withdrawn? In
response, Mr. Weiner stated that the appeal has not been withdrawn.
Ms. McCarthy asked Mr. Krall if he is the closing agent? In response, Mr. Krall
stated that the attorney who represents the seller is the closing agent. However, Mr. Krall stated
he will be attending the closing and he has instructions to insure that the document with Boston's
gets recorded immediately after the deed gets recorded. Ms. McCarthy asked if this contract has
an assignment clause? In response, Mr. Krall stated that this contract could be assigned. Mr.
Krall stated there is a separate written agreement between Rosa Hotel Development Corp. and
Louis Capano with regard to assignment of the contract and is contingent upon the project
getting approved.
The City Attorney stated it would be inappropriate for us to make any decision
based on anything other than the criteria in the City Code. The City Attorney stated the contract
is really irrelevant to what the Commission needs to do.
Prior to the vote, Mr. Levinson stated this is certainly less than expected and this
is why he seconded the motion to uphold the appeal.
Ms. McCarthy stated she thought one of the biggest concerns was the height of
the units in the front on the north side of the building. From what she has heard this evening,
Ms. McCarthy stated it appears that this has been addressed. Ms. McCarthy stated even though
-12-
10/02/01
the terms are not going to be disclosed to the Commission, they have been told that there is an
agreement that is going to part of a closing package and is going to be recorded. Even though
the Commission is not supposed to take these things into consideration, these were factors that
were brought up at the last discussion. Therefore, Ms. McCarthy stated she felt it was relevant to
say that was something else that people at the dais were looking for. Ms. McCarthy stated if this
is a change that Commission does not want and we still have LDR's and Codes that are
reflecting something that appears to be what the applicant is bringing forth to us, then she would
have to stay in the same position she was in last time.
Mr. Perlman stated he feels that Ms. McCarthy has a valid point. However, Mr.
Perlman stated that they are informed that the appellant did not withdraw the appeal, which
leaves him confused. Mr. Perlman stated he would like to clarify why he made the motion. Mr.
Perlman stated he still does not believe the site plan is compatible and harmonious to adjacent
properties. He feels design contributes to the "walling-off' of A-i-A, which runs counter to the
village-like atmosphere that is outlined in our Comprehensive Plan. Mr. Perlman stated that
currently we have spaces and alleys in between buildings. Therefore, he does not believe this is
compatible.
Mrs. Archer stated she is confused by Mr. Weiner's statement and asked for
clarification as to whether there is or is not an agreement. Mr. Krall stated he has an escrow letter
on Mr. Weiner's letterhead signed by Mr. Weiner and agreed to by Mr. Krall with regard to this
signed agreement which has been signed by Boston's and Rosa Hotel Development Corp. who is
a contract purchaser of this property. Mr. Krall stated that in addition to the instructions that Ms.
McCarthy correctly reiterated with her real estate experience, the escrow agreement states that
"Boston's shall not oppose the approved plans at the City Commission Meeting". At this point,
Mr. Krall submitted into the record the escrow letter along with the agreement that has been
signed by Boston's and the contract purchaser.
The City Attorney asked if Mayor Schmidt would like to accept these documents
into the record as being relevant items? In response, Mayor Schmidt stated since this is a quasi-
judicial hearing these documents can certainly be accepted into the record.
Mr. Perlman asked Mr. Weiner if there is an agreement why will he not withdraw
the appeal? In response, Mr. Weiner explained that all he will do this evening is read his agreed
statement, which he did. Therefore, since any additional comments on that agreement must
come from Mr. Krall, Mr. Weiner has no comment.
Mr. Perlman moved to uphold the Commission's previous decision granting the
appeal, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor
Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - No; Mr. Levinson - Yes; Ms. McCarthy -
No. Said motion to uphold the appeal passed with a 3 to 2 vote.
9ogo
BID AWARD TO HAVERLAND BLACKROCK CORP - SPORTS TURF
ONE ('ATLANTIC HIGH SCHOOL MULTI-PURPOSE FIELD): Consider approval of a
contract award to second lowest bidder, Haverland Blackrock Corp - Sports Turf One in the
amount of $47,760.00 for the Atlantic High School multi-purpose field. Funding is available
-13-
10/02/01
from 001-4131-572-34.90 (R&R Other Contractual Services).
The City Manager stated this is before the City Commission to consider approval
of a contract award in the amount of $47,760.00 to Haverland Blackrock Corp./Sports Turf One
for the landscape maintenance of Atlantic High School multi-purpose field. The City Manager
stated the low bidder had no experience with the care of Bermuda grass, does not currently have
the proper equipment to maintain this type of turf (no reel mowers) and has no Workers
Compensation Insurance.
Mrs. Archer moved to approve the contract award to Haverland Blackrock Corp -
Sports Turf One (second lowest bidder), 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.
Prior to the vote, with regard to these larger size contracts, Mr. Levinson stated he
has suggested in the past about utilizing a method for a point system where other things would be
taken into consideration. Mr. Levinson stated he would suggest that with regard to these kinds of
contracts, that the Commission considers his suggestion again. Mr. Levinson stated this way
before it got to this point, the Commission would be selecting a contractor and taking into
consideration ahead of time whether or not they have the equipment, the experience, and some of
the other things that were discussed.
With regard to this issue, the City Attorney stated that with looking over the bid
documents she has talked to Jackie Rooney, Purchasing Supervisor. The City Attorney stated
Ms. Rooney will be gathering documents from other places and then they will be reviewing this.
9.C. SPECIAL EVENT REQUEST FOR UNITY WALK: Consider approval of a
request to endorse the Delray Beach Unity Walk scheduled to be held on November 11, 2001
from 2:00 p.m. to 5:00 p.m., sponsored by Community Chat. Requested is staff assistance for
security, traffic control, barricading, and trash removal and clean up, signage and use of the
Tennis Stadium, also requested is to waive all fees and overtime costs.
Robert A. Barcinski, Assistant City Manager, stated this is a request to endorse
the Delray Beach Unity Walk scheduled to be held on November 11, 2001, from 2:00 p.m. to
5:00 p.m. sponsored by Community Chat, to provide staff assistance for security and traffic
control, barricading, trash removal and clean up, signage and use of the Tennis Stadium.
Mr. Barcinski stated the request also includes a waiver for all overtime and all
fees associated with the stadium. The estimated staff overtime for the event is approximately
$2,700. Rental fee, stage set-up fee and other fees for use of the stadium are estimated at $5,500
total.
Mr. Barcinski stated this is a new event but there is another event cancelled for
the month of October so it offsets that event. Mr. Barcinski stated there is no budget available
and they are looking for support from sponsorships. Mr. Barcinski stated his understanding is
that even though November 11th is Veteran's Day, his understanding is that this would not
-14-
10/02/01
interfere with any of the those activities. Also, Mr. Barcinski stated that at one point he believes
they were trying to get one of the Veteran's groups to participate in this event.
Mr. Levinson stated Janet Reno is a candidate for Office of Governor at this point
and stated he would certainly hope that the City is not favoring a candidate to the exclusion of
others. Ms. Ridley stated at the time she was not running and they decided to ask her to be the
speaker for that evening.
Ms. McCarthy stated previously she had a discussion with Mrs. Ridley about
making sure that anyone who was interested in doing something political received an invitation
to this event.
Mr. Perlman moved to approve the Special Event request for Delray Beach Unity
Walk scheduled to be held on November 11, 2001, from 2:00 p.m. to 5:00 p.m., sponsored by
Community Chat and subject to the staff recommendations, 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.
At this point, the time being 7:05 p.m., the Commission moved to the duly
advertised Public Hearings portion of the agenda.
10.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 54-01 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending Land Development Regulation Section 4.4.28(D) and 4.4.13(D) and (I)
to allow multi-family dwelling units at the density greater than thirty (30) units per acre, as a
conditional use in the CBD-RC (Central Business District - Railroad Corridor) zoning district,
between NE 2nd Street and NE 3rd Street. If passed, a second public hearing will be scheduled
for October 16, 2001. Prior to consideration of passage of this ordinance, a public hearing has
been scheduled to be held at this time.
The City Manager presented Ordinance No. 54-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING CHAPTER FOUR, "ZONING
REGULATIONS", ARTICLE 4.4, "BASE ZONING
DISTRICT", SECTION 4.4.13, "CENTRAL BUS1NESS
(CBD) DISTRICT", SUBSECTION (D), "CONDITIONAL
USES AND STRUCTURES ALLOWED", SUB-
SUBSECTION (15) TO PROVIDE FOR CLARIFICATION
OF CONDITIONAL USES AND STRUCTURES ALLOWED
-15-
10/02/01
IN THE CBD DISTRICT, BY AMENDING SUBSECTION
(I), "PERFORMANCE STANDARDS", SUB-SUBSECTION
(1),TO ELIMINATE THE CONDITIONAL USE PLACED
ON RESIDENTIAL DEVELOPMENT EXCEEDING
THIRTY UNITS PER ACRE SOUTH OF NE 2ND STREET
AND NORTH OF SE 2ND STREET; AND BY AMENDING
SECTION 4.4.28, "CENTRAL BUS1NESS DISTRICT-
RAILROAD CORRIDOR (CBD-RC) DISTRICT,
SUBSECTION (D), "CONDITIONAL USES AND
STRUCTURES PERMITTED", BY ENACTING A NEW
SUB-SUBSECTION (5), TO PROVIDE FOR MULTI-
FAMILY DWELLING UNITS AT A DENSITY GREATER
THAN THIRTY UNITS PER ACRE AS A CONDITIONAL
USE; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 54-01 is on file in the City Clerk's office.)
A public hearing was held having been legally advertised in compliance with the
laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
The City Attorney asked the Commission to disclose any ex parte contacts.
Mrs. Archer stated she has had no discussions.
Mr. Perlman stated he attended a CRA and Planning & Zoning Meeting where
this issue was discussed.
Mayor Schmidt stated that the entire Commission received a letter from Sarah
Greeley and the DeMda Park Neighborhood Association and he also received an e-mail from
Kevin Warner.
Ms. McCarthy stated she has forwarded her e-mail to City Hall and she also
received a telephone call from Lynn Gardner, a realtor in Delray Beach.
Mr. Levinson stated he received a letter from Sarah Greeley, received a telephone
call from Lynn Gardner. Mr. Levinson stated he also spoke to Anne Gannon and also received
an e-mail from Kevin Warner. In addition, Mr. Levinson stated he was at the Pineapple Grove
Meeting where this was discussed.
Mrs. Archer stated she would like to revise her comments. Mrs. Archer stated she
did have a brief conversation with Anne Gannon and she received a letter from Sarah Greeley.
Mrs. Archer stated she is certain she has an email at home, but has not had the opportunity to
check.
The City Attorney stated all involved parties would conduct this item as a quasi-
-16-
10/02/01
judicial hearing, which allows for presentations, the admission of documents into the record and
public testimony.
Barbara Garito, City Clerk, swore in those individuals who wished to give
testimony on this item.
Paul Dorling, Planning Director, stated the request is for a site specific for one
block from nd rd
N.E. 2 Street to N.E. 3 Street, and the railroad tracks to the half block that abuts
Pineapple Grove. As indicated in the Planning and Zoning Staff Report, Mr. Dorling stated this
is consistent with the Comprehensive Plan Housing Elements that called for providing housing
downtown is also consistent with the Pineapple Grove Main Street Plan which specifically
identifies as an area that will entertain an increase in densities over and above the thirty (30)
units to the acre. Mr. Dorling stated the City Commission in May 1998 adopted this plan. Mr.
Dorling stated he has provided the Commission with some maps. Mr. Dorling stated one map
relates to density and stated the yellow section is an area the may exceed thirty (30) units to the
acre through the conditional use process. Mr. Dorling stated the hatched area is the area in
which thirty (30) units to the acre are allowed. The next map includes approved multi-family
mixed-use developments downtown. The ones in green are those that are thirty (30) units to the
acre or less, the ones in red are over thirty (30) units to the acre. Mr. Dorling stated there is a
map with respect to rental versus ownership and stated this proposal is for rental development.
Mr. Dorling stated the Comprehensive Plan calls for discouraging rental development outside the
downtown area. Therefore, Mr. Dorling stated it is encouraged downtown to provide us with
year round residents.
John Corbett, Attorney with Corbett & White in Lake Worth representing
the applicant, stated this is a text change to extend the area that allows increased residential
density as a conditional use in the area one block west of the FEC Railroad south of N.E. 3rd
Street. Mr. Corbett stated that downtown needs a residential base of non-seasonal units to help
support existing and future retail service and restaurant establishments both in Pineapple Grove
and the remainder of downtown. Mr. Corbett stated this site is uniquely situated in a way that
could fulfill that need. Mr. Corbett stated rather than developing a more seasonal fee simple
townhouse development on this site, this amendment will provide the opportunity to come back
to the Commission with a proposal for an apartment project that would serve both Pineapple
Grove and downtown. In summary, Mr. Corbett stated the applicant is requesting the
opportunity to come back to the Commission with a proposal for an apartment project for this
location.
Robert G. Currie, 134 N.E. 4th Avenue and architect with Robert G. Currie
Partnership, stated he is here this evening to represent Pineapple Grove Main Street Program as
their Design Chairman. Mr. Currie encouraged the Commission to accept this amendment for
increased density and stated the Board voted unanimously in support of this project. However,
Mr. Currie stated there is a caveat and that is that we want to provide additional performance
standards for this particular site. These performance standards would include such things as not
allowing anything over 48 feet in height, some additional setbacks and open areas since there are
no open area requirements in the CBD, encourage an articulation of the wall surfaces (in and out)
and also height. Mr. Currie stated there is also a design criteria for Pineapple Grove Main Street
-17-
10/02/01
in terms of materials, colors, and detailing. Mr. Currie stated he would like to submit to the
Planning Staff these criteria for implementation in the City Code.
Sarah Greele¥~ President of the Del-Ida Park Neighborhood Association and
resides at 109 Dixie Boulevard~ stated the red hat she is holding represents her associations
position on unreasonable density and urged the Commission to stop this for the sake of Delray
Beach. Ms. Greeley stated that the DeMda Park Neighborhood Association feels unreasonable
density is any density introduced into a neighborhood which negatively impacts that
neighborhoods property and business owners and residents. In terms of certain issues, those
issues are unreasonable growth, excessive units and people, excessive height, substantially
increased traffic, impediments to emergency management and evacuation, inappropriate scale,
lack of architectural homogeneity, and the domino affect caused by precedent once established.
Ms. Greeley stated on September 17th the DeMda Park Neighborhood Association voted
unanimously to freeze the current Land Development Regulations. Ms. Greeley stated they wish
to apply that freeze to the proposal for a massive multi-unit apartment complex garage and area
walkway on N.E. 3rd Avenue and N.E. 2nd Street in Pineapple Grove. Ms. Greeley stated the
DeMda Neighborhood Association is appalled that any project of this magnitude could pass any
responsible City Board. Ms. Greeley urged the Commission to study the facts and perform an
analysis to save Delray Beach from unreasonable density, unreasonable proposals, and its own
success. In conclusion, Ms. Greeley stated Delray is loosing its "Village by the Sea" charm.
John Bennett~ President of Progressive Residents of Delra¥ (PROD) speaking
on behalf of the or~anizatiom stated PROD supports the plan for Pineapple Grove calling for
increased densities in the neighborhood and the idea that we need downtown residential
development to support Pineapple Grove and the downtown. Mr. Bennett stated that PROD has
a problem with the open-ended nature of it. Mr. Bennett stated that PROD suggests that the
Commission place a density cap to avoid a monstrosity. Mr. Bennett reiterated and
recommended that there be increased density in this area, but that the Commission put a density
cap of 45 units to the acre.
Jean Beer~ 2145 S.W. 26th Terrace~ stated many cities do not allow property
owners and individual developers to make changes to their Comprehensive Plan and their LDR's
based on what they want for a certain piece of property. Ms. Beer stated if the City is going to
change the Comprehensive Plan and the LDR's it should be generated from the Planning and
Zoning Department on the basis of what they see is needed for the City as a whole. Ms. Beer
stated that the City should not be allow someone to change an individual piece of property
because they are not taking into consideration the total affect it could have upon the entire City.
Ms. Beer thanked the Commission for standing by their prior vote of 170 units and stated she
agrees wholeheartedly with Mr. Bennett's comments about the Commission setting a density
cap. Furthermore, Ms. Beer urged the Commission to vote against this project.
Rich McGloim 2275 N. Swinton Avenue~ stated he has attended Seacrest
Association Meetings, DDA Meetings, Downtown Joint Venture Meetings, and the CRA
Meetings regarding this issue. Mr. McGloin stated in every case the discussion was "What's
Pineapple Grove want?" Mr. McGloin stated Mr. Currie and his committee has spent many hours
reviewing those performance standards and has come up with some very good improvements.
-18-
10/02/01
Mr. McGloin urged the Commission to get staff to apply those standards throughout the City.
Mr. McGloin stated he agrees with Pineapple Grove and the approval of the project, but urged
the Commission to only approve this with the new performance standards in place.
Henry Williams~ 310 N.W. 3ra Avenue~ stated everyone wants the City to
change the density. He urged the Commission to not set a precedent so high and to keep Delray
the way it is.
Diane Domin~uez~ CRA Director~ stated the CRA voted unanimously to
recommend approval of this code amendment. Ms. Dominguez stated the CRA feels it is
important for the downtown and stated we need residents living in close proximity of the shops
and restaurants if Delray is going to continue this renaissance that we have all enjoyed. Ms.
Dominguez stated for long-term sustainability, Delray Beach needs yearlong residents and the
CRA feels this is a great location for this project. Ms. Dominguez stated recently the City, the
CRA, and property owners invested $2 million in streetscape improvements to Pineapple Grove
Way and a big part of this was intended to attract private investment to get some of the return
back on the investment. Ms. Dominguez stated this amendment is consistent with the Pineapple
Grove Way Plan, which was adopted in 1998 and called for extending that density overlay into
the Pineapple Grove area. Ms. Dominguez stated the performance standards present a good
opportunity the way they are now. In addition, to the performance standards, the CRA will be
dealing with the Pineapple Grove Design Guidelines and there is a minimum open space
requirement often percent. Ms. Dominguez stated this project has a huge review process to go
through and stated the CRA recommends approval.
There being no one from the public who wished to address the Commission, the
public hearing was closed.
The discussion followed by the Commission.
Mayor Schmidt inquired about the timeframe for the design guidelines for
Pineapple Grove. In response, Mr. Dorling stated the Planning staff has been working on this
and does not understand why these have not been presented. Mayor Schmidt is concerned with
the fact that if the Commission approves this on second reading and the developer walks in the
day after and files his plans, then with regard to time, the Commission will be out of luck when
considering the design guidelines. In addition, Mayor Schmidt stated he agrees with the
comments that have been made about capping this area.
Mrs. Archer concurs that she would like to see what the Pineapple Grove criteria
is going to be. In addition, Mrs. Archer stated she agrees with Mayor Schmidt that when we start
exceeding the two block area north and south of Atlantic area, she feels that it is important that
we do put some sort of cap on the density there because we are phasing in to residential area.
However, Mrs. Archer stated because this is a railroad corridor that it is something that we need
to be aware of. Mrs. Archer stated since we are trying to encourage parking plus development in
this area, we may want to review some different criteria for a railroad corridor because this is a
difficult area to deal with. In addition, Mrs. Archer feels it is important to encourage rental
property in this area. Since Publix supermarket left that area and since the City has not be able to
-19-
10/02/01
get any interested party in that location, we have no real attraction now for the Pineapple Grove
area. Mrs. Archer stated she is very pleased to think that we are about to consider a project in
that area for residential use especially since it might indeed have some parking attached to it that
would be for public use. At this point, Mrs. Archer stated she would like to do nothing until the
Commission sees what the Pineapple Grove requirements are. Furthermore, Mrs. Archer stated
she would be very amiable to thinking about some floor area ratio limit on the top floor of a 48-
foot high building because we are phasing into a residential area.
Mr. Perlman stated he agrees with waiting for the design guidelines and also feels
there is a need for a cap of density, a need for downtown housing, and a need for a rental mix. In
terms of the economy, Mr. Perlman stated he feels the City needs to increase its tax base and
have a downtown housing in order to have a sustainable downtown. Mr. Perlman suggested that
staff talk to the homeowners' associations around town.
Ms. McCarthy stated a cap on these areas is imperative. Ms. McCarthy stated
there has been a great deal of time putting plans into place and holding Charrette Meetings. Ms.
McCarthy stated the LDR's and the zoning need to reflect the desires expressed at the Charrette
meetings. Ms. McCarthy stated each time a project is reviewed, it needs to have the overlay with
the ultimate plan design to make sure that it fits in the criteria and desires for the City. If the
Commission cannot see the fit, Ms. McCarthy suggests that the Commission wait so that they
can get the right fit.
Mr. Levinson is not in support of placing a cap on density because he feels it
becomes an arbitrary number. Mr. Levinson stated he would rather see what the project looks
like and whether or not it is compatible and it meets the guidelines. Mr. Levinson stated he also
feels there is a significant need for each area of our community to have an overlay district. Mr.
Levinson is in favor of approving this project with the caveat that the developer works with the
Pineapple Grove people to meet their guidelines. Mr. Levinson suggested that the Commission
move this project along without an arbitrary cap that may or may not be appropriate but looking
at the conditional use process and utilizing it as well as the design guidelines as Pineapple Grove.
Mr. Levinson moved to approve Ordinance No. 54-01 on First Reading/First
Public Hearing, seconded by Mrs. Archer.
Prior to the vote, Mr. Perlman clarified that no one is approving any specific
project now, but this is being approved so that the Commission will be given the opportunity to
review it. Mr. Perlman stated then at that point there would be an extensive review process.
Mrs. Archer stated she agrees with comments expressed by Mr. Levinson.
However, Mrs. Archer stated everyone has not had the opportunity to see the criteria that
Pineapple Grove would like to put forth and because of that she would like to see what those are.
Mrs. Archer stated she would be in favor of delaying the first reading until next month.
The City Attorney recommended that the Commission deny this because it is such
an extensive change with direction to bring back for a first reading (i.e. a month delay). Another
option would be to postpone the ordinance and have another first reading understanding that
-20-
10/02/01
there will be changes in it.
Mr. Dorling stated he feels this may be a more lengthy process with respect to
hiring an Urban Planner and creating design guidelines. At that point, Mr. Dorling stated these
performance standards may be tossed out and is not sure if it is appropriate to tweak them at this
point.
The City Attorney stated that the Commission could adopt this ordinance subject
to review of the Pineapple Grove design guidelines. Mr. Dorling stated Pineapple Grove has
their own guidelines and he is not sure to what extent those are. In addition, Mr. Dorling stated
they have already asked for the tweaking of the performance standards some of those to add open
space and limit height. The City Attorney suggested that this would be a good postponement
goal to work this out with Pineapple Grove.
At this point, Mrs. Archer withdrew her second and Mr. Levinson withdrew his
motion.
Mr. Levinson moved to table Ordinance No. 54-01 to a date certain of November
6, 2001, for First Reading/First Public Hearing, 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 to table Ordinance No. 54-01 passed
with a 5 to 0 vote.
10.B. ORDINANCE NO. 51-01 (SECOND AND FINAL READING): An ordinance
annexing into the City the Fanelli property located on the east side of Military Trail, north of
Atlantic Avenue (immediately east of the Boys Farmers Market) and establishing initial zoning
of GC (General Commercial) for the property. Prior to consideration of passage of this
ordinance, a public hearing has been scheduled to be held at this time. Quasi-judicial (as to
zoning) Public Hearing
The City Manager presented Ordinance No. 51-01:
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 EAST SIDE OF MILITARY TRAIL,
NORTH OF WEST ATLANTIC AVENUE (IMMEDIATELY
EAST OF THE BOYS FARMERS MARKET), AS THE SAME
IS 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; PROVIDING FOR
THE ZONING THEREOF TO GC (GENERAL
COMMERCIAL) PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
-21-
10/02/01
DATE.
(The official copy af Ordinance No. 51-01 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 Detray 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.
The City Attorney asked the Commission to disclose any ex parte contacts. No ex
parte contacts were noted.
Barbara Garito, City Clerk, swore in those individuals who wished to give testimony
on this item.
Paul Darting, Planning Director, stated there is a new requirement from DCA that
people who speak must sign-in so that the list can be transmitted to DCA along with the
amendment. In addition, Mr. Darting stated this also would apply to any Comprehensive Plan
Amendment item including school concurrency.
Paul Dorting, Director of Planning and Zoning, entered into the record the Planning
and Zoning Department project file #2001-096 & project file #2001-97.
Mr. Darting stated the subject property is currently located in unincorporated Palm
Beach County within the City's Planning Area (Future Annexation Area). The property consists
of four parcels under common ownership including an access tract connecting it to Military
Trail. The owner is seeking voluntary annexation at this time and two single-family residences
exist on two of the parcels. In February 2001, the Palm Beach County Building Department
issued a permit to construct a 10,000 square foot cold storage building located on the southern
parcel.
The proposal is to annex the property into the City with an initial zoning designation
of GC (General Commercial). A Future Land Use Map amendment is being processed
separately with Comprehensive Plan Amendment 2001-01 to change the FLUM designation
from County HR-8 (High Density Residential - 8 units per acre) to City GC (General
Commercial).
At its meeting of April 16, 2001, the Planning and Zoning Board held a public
hearing in conjunction with review of the requests. After discussing the proposal, the Board
voted unanimously to recommend that the requests be approved, based upon positive findings
with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the LDR's,
policies of the Comprehensive Plan and the following: (1) That the property is contiguous,
reasonably compact and does not create an enclave; and, (2) That services will be provided to the
-22-
10/02/01
property in a manner similar to other similar properties with the City.
Michael Weiner, attorney representing the applicant, stated staff and all the City
Board's have recommended each and every time that there be annexation and zoning as (GC)
General Commercial. Mr. Weiner stated this property is currently zoned AR (Agricultural) in
the County. Mr. Weiner explained that if the property is left in the County the permitted uses
include congregate living facilities, garage sales, stables and the conditional uses include
communication towers, gun ranges, heliports, and solid waste transport stations. Mr. Weiner
stated he feels it makes sense to annex and zone the property GC.
Gary Haratsis, 124 W. Lee Road and is also the President of the Lee's Crossing
Homeowner's Association, stated that the association does not disagree with the annexation.
However, Mr. Haratsis stated the Fanelli organization has been inconsiderate to the area
residents. For example, Mr. Haratsis stated tractor-trailers have been driving through the back of
their properties and property owners feel a loss of privacy. Mr. Haratsis stated he would like the
Commission aware that this property has been bulldozed to 2 lA acres of trees down to bare
ground. A dirt road has been in place since the construction of the warehouse back in March or
April. Mr. Haratis stated the people abutting this property has to deal with dust and dirt all over
their yards. Mr. Haratsis stated another concern is the noise that is being generated from the
garbage pickup south of the Boys Farmers Market. Mr. Haratsis suggested that the Commission
consider putting up a sound barrier wall running the entire length of the west side of the Lee's
Crossing development and that there be more trees than every 25 feet to fill in and help stop the
noise.
Fredrick S. Levine, 116 W. Lee Road, expressed concern over the noise level that
is currently generated behind his property from the trailer trucks that drive in his backyard at
4:00 a.m. Mr. Levine feels the proposed 60-ton air compressors will only add to the noise level.
Mr. Levine stated he lives in a $250,000 home and is concerned that the air compressors will
depreciate the value of his home. Mr. Levine stated he concurs with comments expressed by Mr.
Haratsis and agrees there should be a sound barrier wall installed and requested that the dead
trees on the other side of everyone' s property be removed.
William Turner, 136 W. Lee Road, expressed concern over the loud noise being
generated from the dumpster. Mr. Turner stated he is very upset about constantly being woken
up at 4:00 a.m. and has reported this to the Police Department and received a case number.
David Wolfe, 135 W. Lee Road, stated most of the people who spoke prior to him
live right behind Boys Farmers Market and he lives across the street from them. Mr. Wolfe
stated he and his children get woken up during night quite frequently because of the loud noise
being generated from the freezer units and trucks. Mr. Wolfe stated there is a buffer between he
and Boys and he can still hear the noise. Mr. Wolfe stated he has not yet made a report to the
Police Department but feels something really needs to be done. Mr. Wolfe stated he has done a
lot of improvements to his home and feels if he sold it the value of his property would go down
because of the noise level. He suggested that everyone work together in harmony to help resolve
some of these concerns.
-23-
10/02/01
Carolyn Zimmermam 212 S.W. 2I'a Avenue~ urged the Commission to annex this
property so that the City will gain better control and so that something can be done to help these
residents.
Robin Turner~ 136 W. Lee Road~ expressed concern over the noise that will be
coming from the air conditioning units because she lives in a two-story home along with one of
her neighbors. She feels that an 8-10 foot sound barrier wall is not going to stop the noise that
she will hear while trying to sleep at night. Ms. Turner suggested that the air conditioning units
be moved to the other side or have something to stop the noise. Ms. Turner stated aside from the
noise, the view is also a major concern. Ms. Turner stated the view now is not as nice as it was
before and feels the value of her property has depreciated.
Jose¥ Wagenfeiler~ 130 E. Lee Road~ stated that while sitting in her backyard she
could hear the noise coming from the Boys Farmers Market. Ms. Wagenfeiler stated she moved
to Delray approximately three years ago because of its community. Ms. Wagenfeiler stated she
use to look out from her backyard and see all kinds of beautiful trees. However, Ms.
Wagenfeiler stated since the trees have been cut down, the only view she gets while looking out
from her property is the roof of the warehouse. She feels everything that has been done has
devalued her property. Ms. Wagenfeiler suggested that the air compressors be moved, that there
be a sound barrier wall, and that large trees be planted so she does not have to see the roof of the
warehouse.
There being no one else who wished to address the Commission, the public hearing
was closed.
Mayor Schmidt asked if the applicant has submitted a site plan on what they propose
to do on this property? In response, Mr. Dorling stated the City does not have land use control
over this parcel until it is annexed into the City. When this property is annexed, the applicant
could be made aware that the City would like them to do some physical improvements to the site
including paving, installation of landscaping, walls and buffering. At that point, Mr. Dorling
stated that the applicant has approval through the County for a large cold storage building.
Mayor Schmidt stated that this might also be subject to the City's noise regulations.
Mrs. Archer inquired about the percentage of the land that will be covered by the
cold storage and what percentage of the land is vacant? In response, Mr. Dorling stated the land
is in the range of 2 lA acres with a 10,000 square foot building on it and two single-family
buildings. Mr. Dorling stated approximately half of this land the applicant intends to improve
with parking and landscaping around that building.
Mr. Perlman stated the first step would be the annexation of this parcel and then the
City can begin to address the issues expressed one-by-one.
Mr. Perlman moved to adopt Ordinance No. 51-01 on Second and FINAL Reading,
seconded by Mr. Levinson. 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.
-24-
10/02/01
lO.C. ORDINANCE NO. 27-01 (ADOPTION HEARING FOR COMPREHENSIVE
PLAN AMENDMENT 2001-1):
1. One (1) Future Land Use Map amendment (Fanelli Annexation).
2. Update of the Potential Residential Units Map & Table, appearing in both Future Land Use
and Housing Element.
3. General update of the Public Facilities Element.
4. Update of the Comprehensive Plan Map Series to reflect current municipal boundaries.
The City Manager presented Ordinance No. 27-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, ADOPTING
COMPREHENSIVE PLAN AMENDMENT 2001-1 PURSUANT
TO THE PROVISIONS OF THE "LOCAL GOVERNMENT
COMPREHENSIVE PLANNING AND LAND DEVELOPMENT
REGULATION ACT", FLORIDA STATUTES SECTION
163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED
"COMPREHENSIVE PLAN AMENDMENT 2001-1" AND
INCORPORATED HEREIN BY REFERENCE; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 27-01 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.
Dan Marfino, Principal Planner, stated this is the first of the twice a year
amendment process. This amendment involves one future land use map amendment, several text
changes, and map & table updates. Originally, Mr. Marfino stated this amendment involved one
future land use map amendment and several text changes and map & table updates. Originally,
Mr. Marfino stated this amendment included two additional items dealing with updated Goal
Area D and modification to the definition of community facilities definition. These items were
subsequently dropped from the item. However, Mr. Marfino stated they were inadvertently
included with the text for the newspaper advertisement for tonight's meeting. Mr. Marfino
emphasized that these items are not in for consideration with this amendment and apologized for
any confusion this may have caused.
After the review process, the Department of Community Affairs (DCA) declined
to issue an Objections Recommendations and Comments Report (also know as an "ORC" report)
concerning this amendment. Because of this, the amendment did not need to go before the
Planning and Zoning Board for a second public hearing. A brief summary of the items in this
-25-
10/02/01
amendment are as follows: (1) The Future Land Use Map Amendment is the Fanelli Annexation
consisting of four parcels behind the Boys Farmers Market and giving the initial Future Land
Use designation of GC (General Commercial); (2) update of the Potential Residential Units Map
& Table, appearing in both the Future Land Use and Housing Element; (3) general update of the
Public Facilities Element; (4) and an update of the Comprehensive Plan Map Series (to reflect
current municipal boundaries).
Mr. Marfino stated if approved, the amendment would be sent to DCA for a
compliance review. Upon a positive determination of compliance, the effective date will be 45
days from tonight's meeting or before November 16, 2001. Mr. Marfino stated that staff
recommends approval.
Mayor Schmidt declared the public hearing open. There being no one else who
wished to address the Commission, the public hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 27-01 on Second and FINAL
Reading, 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.D. ORDINANCE NO. 53-01 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending Land Development Regulations Section 4.4.9(D) (Conditional Uses and
Structures Allowed), Section 4.4.9(F)(2) (West Atlantic Avenue Overlay District Standards), and
Section 4.4.9(G)(1) (West Atlantic Avenue Overlay District Supplemental District Regulations),
for the GC (General Commercial) Zone District, relating to recommendations in the West
Atlantic Avenue Redevelopment Plan. If passed, a second public hearing will be scheduled for
October 16, 2001. Prior to consideration of passage of this ordinance, a public hearing has been
scheduled to be held at this time
The City Manager presented Ordinance No. 53-01:
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 CHAPTER FOUR, "ZONING
REGULATIONS", ARTICLE 4.4, "BASE ZONING
DISTRICT", SECTION 4.4.9, "GENERAL COMMERCIAL
(GC) DISTRICT", SUBSECTION (D), "CONDITIONAL
USES AND STRUCTURES ALLOWED", TO PROVIDE FOR
CLARIFICATION OF CONDITIONAL USES AND
STRUCTURES ALLOWED IN THE GC DISTRICT, BY
AMENDING SUB SECTION (F), "DEVELOPMENT
STANDARDS", SUB-SUBSECTION (2), "WEST
ATLANTIC AVENUE OVERLAY DISTRICT
DEVELOPMENT STANDARDS", TO PROVIDE
-26-
10/02/01
SETBACKS FOR PARCELS THAT HAVE FRONTAGE
ALONG NW AND SW 5TH AVENUE; AND BY
AMEND1NG SUB SECTION (G), "SUPPLEMENTAL
DISTRICT REGULATIONS", BY AMENDING SUB-
SUBSECTION (1), "WEST ATLANTIC AVENUE
OVERLAY DISTRICT SUPPLEMENTAL DISTRICT
REGULATIONS", TO PROVIDE THAT ALL PERMITTED
USES WITH DRIVE-THROUGH FACILITIES SHALL
REQUIRE CONDITIONAL USE APPROVAL AND TO
ESTABLISH PARKING REQUIREMENTS FOR HOTELS
AND MOTELS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 53-01 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 Doffing, Planning Director, stated the West Atlantic Avenue Redevelopment
Plan was adopted in 1995, amended in 1998 and 2000. In 2000, the second amendment to the
West Atlantic Avenue Redevelopment Plan recommended the following three text amendments
to the LDR' s:
All drive-through facilities within the Overlay District will require conditional use approval;
The front setback for properties fronting on NW and SW 5th Avenues within the Overlay
District shall be reduced to 5'; and,
The parking requirements for hotels and motels should be set at 0.7 of a space for each guest
room plus one (1) space per 300 square feet of floor area devoted to ballrooms, meeting
rooms, and shops and six (6) spaces per 1,000 square feet of floor area devoted to restaurants
and lounges within the hotel or motel.
The purpose of the first two amendments is to promote pedestrian activity on the
Avenue. The third amendment deals with modification of the parking requirements for hotels
and motels, which is excessive and would hinder development of a hotel or motel within this
area.
The Planning and Zoning Board held a public hearing regarding this item at its
meeting of September 24, 2001. After discussion, the Board voted 5-0 (Randolph and Shutt
absent) to recommend to the City Commission approval of the proposed text amendment, based
upon positive findings with respect to LDR Section 2.4.5(M)(5). The Downtown Development
Authority (DDA), Community Redevelopment Agency (CRA), Historic Preservation Board
(HPB) and the West Atlantic Redevelopment Coalition (WARC) reviewed the proposed
amendments and all of these Boards recommended approval.
-27-
10/02/01
Mayor Schmidt declared the public hearing open. There being no one who
wished to address the Commission, the public hearing was closed.
Ms. McCarthy moved to adopt Ordinance No. 53-01 on Second and FINAL
Reading, seconded by Mr. Levinson. 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.E. ORDINANCE NO. 52-01 (FIRST READING/TRANSMITTAL HEARING
FOR COMPREHENSIVE PLAN AMENDMENT 2001-3): Consider on first reading an
ordinance adopting Comprehensive Plan Amendment 2001-3 which includes creation of a new
Public Schools Facilities element, which will include a definition section and related map series,
and revision to the existing Capital Improvement Element to include the School Districts adopted
Six-Year Capital Facilities Plan. (Pursuant of Florida Statute 163.3187(1)(j), this amendment is
exempt from the twice a year Comprehensive Plan amendment imposed by Florida Statute).
Prior to consideration of passage of this ordinance, a public hearing has been scheduled to be
held at this time
The City Manager presented Ordinance No. 52-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, ADOPTING
COMPREHENSIVE PLAN AMENDMENT 2001-3 PURSUANT
TO THE PROVISIONS OF THE "LOCAL GOVERNMENT
COMPREHENSIVE PLANNING AND LAND DEVELOPMENT
REGULATION ACT", FLORIDA STATUTES SECTIONS
163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED
"COMPREHENSIVE PLAN AMENDMENT 2001-3" AND
INCORPORATED HEREIN BY REFERENCE; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 52-01 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.
Dan Marfino, Principal Planner, stated this item is a transmittal of Comprehensive
Plan Amendment 2001-3 relating to school concurrency to the Florida Department of
Community Affairs. This amendment will implement school concurrency into the development
review process to ensure that school capacity is available at the time of impact of residential
development. The implementation of school concurrency is part of a coordinated effort between
the School Board, the County, and 26 local governments. All 26 municipalities and the County
have to adopt the same amendment before January 25, 2002, as per an interlocal agreement
-28-
10/02/01
adopted by the City of Delray Beach in October 2000.
The Planning and Zoning Board held its public hearing regarding the amendment
on September 24, 2001. There was no public comment concerning the proposed amendment and
the Board voted unanimously to recommend transmittal.
Mayor Schmidt declared the public hearing open. There being no one who wished
to address the Commission, the public hearing was closed.
Mr. Perlman moved to approve Ordinance No. 52-01 on First 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.
11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
ll.A.
City Manager's response to prior public comments and inquiries.
Regarding a previous comment pertaining to presentations in the Commission
Chambers, the City Manager stated staff has been informing applicants that presentations are to
be done by either overhead projectors or PowerPoint. The City Manager stated staff continues to
inform applicants and all development applications have been amended to contain the note that
development presentations before all Boards and City Commission must be either on a LCD
project, PowerPoint, or an overhead projector. The City Manager stated board mounted displays
should not be used as part of the presentation.
11.B. From the Public.
ll.B.1. Carolyn Zimmerman, 212 S.W. 2nd Avenue, stated there is a new market at the
beginning of Atlantic Avenue and commented about the writing on the walls instead of signs.
Ms. Zimmerman stated the community came together and painted the building and murals were
put on the building. In addition, Ms. Zimmerman convinced a sign company to make a beautiful
sign per cost and stated the building looked fine. Ms. Zimmerman stated that Atlantic Avenue
corridor is being fixed up to look like the rest of the City businesses. She inquired why the City
is allowing a brand new business to allow writing on the side of the building. With regard to the
fast food restaurants along Linton Boulevard, Ms. Zimmerman stated there was a certain height
requirement for signs and feels this should be enforced along Atlantic Avenue as well. Also, Ms.
Zimmerman stated with regard to the old drug place on S.W. l0th Avenue and S.W. l0th Street,
the business came back after approximately four years and has been remodeled and is now
beautiful. However, Ms. Zimmerman stated the business owner is slowly adding other signs
outside (i.e. cigarettes/beer and the cost). With regard to a business, Ms. Zimmerman feels that
the same rules should apply to all businesses alike and stated this should not be allowed.
Secondly, Ms. Zimmerman suggested that the City get the Animal Control Officer
an assistant. Ms. Zimmerman stated one person cannot handle the workload alone. The Animal
-29-
10/02/01
Control Officer can come in on the weekends to feed locked up animals. Ms. Zimmerman stated
the Animal Control Officer has had a cast on one arm from being bitten and also received a bite
on the other arm. Ms. Zimmerman stated this is a serious problem and urged the City to hire a
part-time person to help assist with the volume of stray animals in the City.
ll.B.2. Jean Beer~ 2145 S.W. 26th Terrace~ stated years ago she expressed concerns
about the fact that no one will trap animals which are not domestic animals. Ms. Beer stated the
City has rabid raccoons and all kinds of animals that the City, the County, nor the State will trap.
Ms. Beer stated they all say, "too bad, get yourself a professional trapper". Ms. Beer stated that
a professional trapper is a huge expense and some people cannot afford it. Ms. Beer suggested
that the City lobby the State and the Health Department with regard to these rabid animals in the
City because she feels it is a danger to our citizens.
Secondly, "The Night of Pride and Remembrance" was a very fine night and stated
everyone truly appreciated it and she feels it was well done. Ms. Beer stated she spoke to Nancy
King, Staff Editor, regarding the event and she asked Ms. Beer to call everyone to urge them to
attend. Ms. Beer stated she put it on their phone tree. Ms. Beer stated there are people in this
city that have lost relatives both in the Pentagon and in New York. Ms. Beer informed the
Commission that six people who work in Abbey Delray South lost relatives, one of them being
Cynthia Weatherspoon who lost two cousins. Ms. Beer feels there should have been some
mention of these deceased people because they may have been originally from Delray Beach.
Ms. Beer stated she would like to see the City of Delray Beach do something a little more
permanent like planting a live tree with a plaque for the victims of September 11, 2001. In
addition, Ms. Beer suggested that the City invite anyone who lost a relative to add his or her
name to the plaque.
ll.B.3. Henry Williams~ 310 N.W. 3ra Avenue~ stated he works for APEC and stated he
is on the safety team. Mr. Williams expressed concern over both sides of Atlantic Avenue being
torn up and the construction. Mr. Williams stated he witnessed a woman employed with Weed
and Seed who almost stepped in a four-foot hole in front of Clay Wideman's building. Mr.
Williams informed the Commission that the contractor had a few non-complimentary things to
say about working in Delray Beach. Mr. Williams stated the area in front of Clay Wideman's
building is not safe and urged the Commission to do something about the conditions of Atlantic
Avenue. Furthermore, Mr. Williams feels the contractor is doing a poor job and has a very bad
attitude.
ll.B.4. Mary Lou Jamisom 515 North Swinton Avenue~ expressed concern over the
CRA hiring an Urban Designer and feels the Hotel Vista Del Mar and Creations in Pineapple
Grove should be postponed until we have a City overall Cohesive Plan.
Secondly, Ms. Jamison suggested that the City do away with the Overlay Districts
because they are very confusing to everyone and stated it is not fair to the Boards or to the
citizens of Delray Beach. Ms. Jamison feels the City is loosing the vision that every Charrette
talks about with regard to small density and low buildings.
ll.B.5. Alice Finst~ 707 Place Tavant~ stated several weeks ago she was drawing the
Commission's attention to the problems on N.W. 5th Avenue with regard to the monument and
-30-
10/02/01
the condition of the street and the sidewalk. Ms. Finst stated she received a letter stating that the
best she could expect to happen to the monument would be that it would be cleaned once every
six months. Ms. Finst stated the landscaping changes seasonally around town. Ms. Finst stated
there is a historic monument on N.W. 5th Avenue and feels it is the City's responsibility to take
care of it. Ms. Finst stated she was so concerned over this that she went to the West Atlantic
Redevelopment Coalition (WARC) and talked to them about the problems on N.W. 5th Avenue.
Ms. Finst stated WARC agreed with her to the point where they decided they would plant the
monument. Ms. Finst stated Mr. Shuler deserves a letter thanking him because she feels he had
to pick up the slack. Furthermore, Ms. Finst stated the City should be responsible for its historic
buildings.
Secondly, Ms. Finst stated while driving down 5th Avenue (Federal Highway) and
took the circle round-a-bout to come back up 6th and at 73 Federal Highway the buildings that
were always known as the historic office buildings are gone. Ms. Finst stated maybe these
buildings were not historic but everyone always knew them as the "old office buildings"
although they were never declared historic or in the historic district. Ms. Finst stated she has a
problem with the fact that five historic buildings recently were found to have disappeared
without permits. Ms. Finst stated she does not understand what is happening and feels the City is
loosing its village atmosphere. Ms. Finst stated she has been informed that there is supposed to
be an inventory for buildings over 50 years old. Ms. Finst asked if the City does indeed have a
list, what is the City doing about those buildings and asked if the City is making any effort to
declare them buildings that need to be preserved? Ms. Finst asked if the buildings are not in the
condition of being preserved condition then what is Code Enforcement doing to let them get to
the point where they are no good?
ll.B.6. Rosetta Rolle~ 301 N.W. 3ra Avenue~ asked the Commission and the City
Manager how often they have driven around the City to assess what the neighborhood looks like
since they have been in office or before they were appointed. Ms. Rolle stated if someone is an
elected official it is their job to look around to see what is needed and not depend on what the
employees or citizens have to say.
Secondly, Ms. Rolle stated on N.W. 3rd Avenue near the tennis courts the
plantings (oleanders) are unsightly. Ms. Rolle stated when the oleanders were first planted they
looked beautiful but now they are weedy and part of the leaves are gone. Ms. Rolle stated the
oleanders are not being taken care of and commented that there used to be a lot of flowers there.
Ms. Rolle stated since this is City property she feels it should be better maintained and that the
City should set an example for the rest of the community.
ll.B.7. Kevin Warner~ 248 Venetian Drive~ stated we have all seen how difficult the
press can be at times particularly national press and television press. Mr. Warner stated he has
enjoyed watching the President the last couple of weeks with all the difficult problems and how
he has surprised a lot of people with various questions. Mr. Warner commented that he saw
Mayor Schmidt on national television and complimented him with the manner in which he
answered questions from the press. Mr. Warner stated it really sunk in when a friend called him
from out of town and said he saw Mayor Schmidt on national television. Mr. Warner stated he is
very proud that Mayor Schmidt is our representative.
-31-
10/02/01
ll.B.8. John Bennett~ 137 Seabreeze Avenue~ expressed concern over the meetings of
the various Boards. He stated if you look at this month's calendar on Wednesday, October 3,
2001 the Historic Preservation Board (HPB) and the Site Plan Review and Appearance Board
(SPRAB) meet at the same time. Mr. Bennett noted that two weeks later on Wednesday,
October 17, 2001 the Historic Preservation Board (HPB) and the Site Plan Review and
Appearance Board (SPRAB) meet at the same time. He suggested it would be nice if these
meetings were held on alternate weeks to help reduce the burden on the Planning and Zoning
staff. In addition, Mr. Bennett stated those citizens who like to follow all the issues would then
be able to attend all the meetings.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 55-01: An ordinance rezoning from R-1-A (Single Family
Residential) to CF (Community Facilities) to accommodate an off-street parking lot for Donnie's
Golden Spoon Restaurant located on the east side of NW 6th Avenue, approximately 300 feet
north of West Atlantic Avenue. If passed, a quasi-judicial public hearing will be scheduled for
October 16, 2001.
The City Manager presented Ordinance No. 55-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING AND PLACING
LAND PRESENTLY ZONED R-1-A (SINGLE FAMILY
RESIDENTIAL) DISTRICT TO CF (COMMUNITY FACILITY)
DISTRICT; SAID LAND BEING A PARCEL OF LAND
LOCATED ON THE EAST SIDE OF NW 6TM AVENUE,
APPROXIMATELY 300' NORTH OF WEST ATLANTIC
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. 55-01 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Planning Director, stated this request involves a vacant parcel
totaling of 0.15 acres. The subject property is part of an overall development proposal to
establish a restaurant on the adjacent properties to the east on N.W. 5th Avenue. The proposal is
to utilize the subject property for a 13-space parking lot associated with the restaurant. In order
to use the property for parking, the property is being rezoned from its current R-1-A (Single
Family Residential) zoning designation to CF (Community Facilities).
The Planning and Zoning Board held a public hearing on the proposed rezoning at
its meeting of September 24, 2001. Diane Dominguez, Executive Director of the CRA spoke in
support of the request and there was no public testimony in opposition to the request. The Board
recommended unanimous approval based on positive findings with respect to Chapter 3
-32-
10/02/01
(Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations, and
policies of the Comprehensive Plan.
Mrs. Archer moved to approve Ordinance No. 55-01 on FIRST Reading,
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.
12.B. ORDINANCE NO. 56-01: An ordinance amending Land Development
Regulations Section 4.3.3(Q) regarding the definition of Guest Cottages, pursuant to Section
2.4.5(M). If passed, a public hearing will be scheduled for October 16, 2001.
The City Manager presented Ordinance No. 56-01:
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 APPENDIX "A",
"DEFINITIONS", TO CLARIFY THE DEFINITION OF
"GUEST COTTAGE"; AND BY AMENDING CHAPTER
FOUR, "ZONING REGULATIONS", ARTICLE 4.3,
"DISTRICT REGULATIONS, GENERAL PROVISIONS",
SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR
SPECIFIC USES", SUBSECTION (Q), "GUEST COTTAGE",
TO ESTABLISH THAT PERSONS EMPLOYED FOR
SERVICE ON THE PREMISES CAN OCCUPY A GUEST
COTTAGE; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 56-01 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Planning Director, stated this amendment is being processed to
provide clarification and consistency in the "Definition Section" and "Special Requirements for
Specific Use" Section regarding Guest Cottages. As currently written there is some confusion
under the definition section whether a guesthouse could be multiple stories while occupying no
more than 700 square feet on the ground floor.
Ms. McCarthy asked that if someone built a garage and wanted to use it as a guest
facility, could they no longer do that or would this not fall under "Guest Cottage"? In response,
Mr. Dorling stated that they could do this, however, the total square footage could not exceed
700 square feet. Furthermore, Mr. Dorling explained that the garage could continue to function
as a garage but it could not exceed a total of 700 square feet (including ground floor and second
floor).
-33-
10/02/01
Mr. Perlman moved to approve Ordinance No. 56-01 on FIRST Reading, seconded
by Mr. Levinson. 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.
12.C. ORDINANCE NO. 57-01: An ordinance amending Chapter 101 (Municipal
Parks, Beach and Other Recreational Sites), by amending Section 101.27 (Animal Regulations)
to allow for animals on the sidewalk and grassy area west of the dune line on the east-side of A-
1-A. If passed, a public hearing will be scheduled for October 16, 2001.
The City Manager presented Ordinance No. 57-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 101,
"MUNICIPAL PARKS, BEACH AND OTHER
RECREATIONAL SITES", OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, BY AMENDING
SECTION 101.27, "ANIMAL REGULATIONS", TO CLARIFY
THAT ANIMALS SHALL BE ALLOWED IN THAT GRASSY
AREA OF THE MUNICIPAL BEACH BETWEEN THE
EASTERN CURB OF A-1-A AND THE WESTERN BASE OF
THE DUNE; PROVIDING A GENERAL REPEALER CLAUSE,
A SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 57-01 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Mrs. Archer stated she agrees that people should be able to walk their dog on the
sidewalk. However, Mrs. Archer stated the original intent of this was to keep the dogs away
from the beach and the swimming area.
Ms. McCarthy inquired about how this is being handled with the Dog Park at Lake
Ida Park and commented that it appears to be well maintained. However, Ms. McCarthy
commented that if this ordinance is passed, how is it going to be monitored for those who do not
pick up after their dogs? In response, the City Manager stated they could be cited for violating
the ordinance. The City Manager stated that currently there is nothing the City can do because
there is nothing in the City Code that requires people to pick up after their dogs. Ms. McCarthy
expressed concern about who will monitor or enforce this on a regular basis.
With regard to the grassy area between the sidewalk and the beach, Mr. Levinson
stated that it is a common thing for people to sit and walk in the grass and there are also people
coming from the beach who use the showers. Mr. Levinson stated he shares the concern about
people walking on the west side of the street because there are some places where it is not even
two feet wide. Mr. Levinson stated that something needs to be put in place so that the City could
cite a chronic offender and suggested that this be done in conjunction with a "pickup" ordinance.
-34-
10/02/01
Ms. McCarthy suggested that there be additional signage to make people aware of
having to pickup after their dogs and that the City investigate what entities work that area and
incorporate that in the ordinance so that there may be some form of enforcement. The City
Manager stated if this ordinance is passed on first reading, then this information can be presented
to the Commission at the second reading.
Mr. Levinson moved to approve Ordinance No. 57-01 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. Levinson - Yes; Ms. McCarthy - Yes. Said
motion passed with a 5 to 0 vote.
Prior to the vote, Mrs. Archer stated she could support approving this if there was
also a "pickup" rule posted.
Mayor Schmidt stated that bags can be obtained at the Dog Park and these same
bags could be posted at the showers so they would be readily available for people to use. The
City Manager stated another approach would be to post a sign indicating "no dogs east of the
sidewalk". Mr. Levinson stated from a practical standpoint, he feels it would be much easier to
enforce Mayor Schmidt's suggestion of putting the bags out for people and a sign the reads "You
Must Pickup After Dog" versus enforcing people to get off the sidewalk.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager.
With regard to comments about the poor performance of the contractor on the
Venetian Drive project, the City Manager stated the City's standard contract documents and
general conditions govern the closeout of the contract. The City Manager stated they are specific
in their requirements for sole completion and restoration of damaged property, payment of
subcontractors, and suppliers and calculation of liquidated damages. The contract will be
administered within those perimeters and the City will attempt to settle all the issues arising out
of the project in an equitable manner and conclusion. The City Manager stated the final payment
and closeout of the project would be presented to the Commission for a vote.
Secondly, with regard to a comment from the meeting of September 19th about
some signs missing in the valet parking areas, the City Manager stated he understands that those
signs have been replaced.
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 commented about the memo the Commission received and the fact
-35-
10/02/01
about Veteran's Day not being a holiday. Mrs. Archer stated she was extremely upset about this
because she feels it painted the City in a very bad light. Mrs. Archer stated she wants to make it
clear that the reason why the City is not closed on Veteran's Day is because employees elected to
not have that as a designated holiday in response to have the day after Thanksgiving off instead.
Mrs. Archer stated the City is not refusing anything and reiterated that this was an elected choice.
Secondly, Mrs. Archer formally requested that a repair job be done to the
paneling on the dais where she sits because she ruined her silk blouse. Mrs. Archer stated this is
the second blouse that has been ruined because of the broken paneling.
13.C.2.
Commissioner Perlman
Mr. Perlman stated that Carmelita Smith, Housing Director at the Delray Beach
Community Development Corporation, is here this evening and commented that he had the
honor and privilege of installing the Roots Board last night. He stated they have a lot of great
plans for the future to take it to an even higher level and commented that it was very exciting to
see. Also, Mr. Perlman noted that there were some complimentary remarks about Joe Weldon's
participation on that Board and passed this along to the City Manager.
Secondly, Mr. Perlman commented that he had the opportunity to go to the new
Child Care Center located on Lake Ida Road and stated the facility is beautiful. Mr. Perlman
stated although he is on the Board of Directors for the Child Care Center, he had not actually had
the opportunity to go inside the building and reiterated that the facility is incredible.
Lastly, Mr. Perlman commended Mayor Schmidt for the terrific speech he gave
on Sunday evening at "The Night of Pride and Remembrance" event.
13.C.3.
Commissioner McCarthy
Ms. McCarthy stated this weekend she attended the Kids Fest event at Palm
Beach Community College in Lake Worth. Ms. McCarthy stated there were numerous activities
and the children appeared to have a great time. Ms. McCarthy stated it was fabulous to see so
many children in one place laughing together, working together, being competitive and doing
very positive things.
13.C.4.
Commissioner Levinson
Mr. Levinson stated he too received the fax regarding Veteran's Day and also
received an e-mail. Mr. Levinson stated he was distressed that the gentleman did not have the
courtesy to put his name or phone number. Mr. Levinson stated he wrote him back and indicated
why there was this issue with Veteran's Day and recommended that next time the man should
put his name and phone number. At that point, Mr. Levinson stated the man wrote a relatively
threatening fax, which he spoke to the Police Department about. Finally in his last fax, Mr.
Levinson stated the man gave him his last name and cell phone number. Mr. Levinson stated he
feels it is unfortunate that if someone is complaining about something that they do not have the
courage to give the Commission their name.
-36-
10/02/01
Secondly, Mr. Levinson commented about "The Night of Pride and
Remembrance" held Sunday evening and stated it was truly a great event. Furthermore, Mr.
Levinson stated Mayor Schmidt made a spectacular speech especially with regard to the quote by
Abraham Lincoln. Mr. Levinson stated he is only sorry that we apparently did not get the word
out to more people earlier. Mr. Levinson stated the reverse 911 system is great when it works.
Mr. Levinson stated the only problem is he received the call at 2:45 p.m. on Sunday and two or
three people that walked up to the tennis stadium did not receive a call until 6:00/6:15 p.m the
day of the event. Mr. Levinson suggested that there be a better system for communicating and
stated he did not see the event advertised in the newspaper except for the Boca/Delray News.
Mr. Levinson stated this was a unique event and feels there should have been a story in the
newspaper well in advance of the event. Mr. Levinson stated he feels there was plenty of time to
do so and he hopes that staff would put in place some method of alerting the community about
these types of events.
Lastly, Mr. Levinson stated he was at the Saturday night function at the
Community Child Care Center because of the concert by the Florida Philharmonic and his father
is the Chairman of the Board. Mr. Levinson stated he thought it was terrific to hear the concert
and stated the facility is spectacular. Mr. Levinson stated the flooring in the auditorium is really
nice and commented that the Boardroom is really lovely.
13.C.5. Mayor Schmidt
With regard to the issue of Veteran's Day, Mayor Schmidt stated he received one
e-mail. Mayor Schmidt stated when he responded to this person and gave an explanation similar
to what Mrs. Archer discussed, he sent a nice reply back thanking the Mayor for the explanation
because he did not understand why the City is not closed on Veteran's Day.
Secondly, Mayor Schmidt announced that the Advanced Institute for Elected
Officials is being held the beginning of November and encouraged the Commission to see if they
can fit this into their schedule.
Lastly, Mayor Schmidt stated there is a potential conflict with the meeting on
January 22, 2002 because this is Palm Beach County Day in Tallahassee. Mayor Schmidt stated
the problem is that the following Tuesday is already scheduled for the Annual Town Hall
Meeting. Mayor Schmidt inquired whether or not the Commission would like to try and squeeze
in a third meeting or possibly hold only two City Commission meetings similar to December.
Mayor Schmidt stated the Commission can play it by ear as to whether or not the two
Commission meetings will be both regular meetings or if one will be a regular meeting and one
will be a workshop meeting. It was the consensus of the Commission to hold meetings on
Tuesday, January 8, 2002 and Tuesday, January 15, 2002 and the Annual Town Hall Meeting
would be held on Tuesday, January 29, 2002. A decision will be made at a later date if there will
be two regular meetings or one regular and one workshop meeting.
There being no further business, Mayor Schmidt declared the meeting adjourned
at 9:20 p.m.
-37-
10/02/01
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the minutes of the Regular City Commission Meeting held on October 2,
2001, which minutes were formally approved and adopted by the City Commission on
City Clerk
NOTE TO READER:
If the minutes you have received are not completed as indicated above, this means they are not
the official minutes of the City Commission. They will become the official minutes only after
review and approval, which may involve some amendments, additions or deletions.
-38-
10/02/01
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the minutes of the Regular City Commission Meeting held on October 2,
1, which minutes were formally approved and adopted by the City Commission on
City Clerk
NOTE TO READER:
If the minutes you have received are not completed as indicated above, this means they are not
the official minutes of the City Commission. They will become the official minutes only after
review and approval, which may involve some amendments, additions or deletions.
-38-
10/02/01