10-16-01OCTOBER 1C 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 16, 2001.
1. Roll call showed:
Present -
Commissioner Patricia Archer (arrived at 6:05 p.m.)
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Commissioner Jeff Perlman
Mayor David Schmidt
Absent -
None
Also present were -
City Manager David T. Harden
Assistant City Manager Robert A. Barcinski
City Attorney Susan A. Ruby
City Clerk Barbara Garito
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prayer.
Dr. Theodore Bush with the First Presbyterian Church delivered the opening
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PLEDGE OF ALLEGIANCE TO THE FLAG.
The Pledge of Allegiance to the flag of the United States of America was given.
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AGENDA APPROVAL.
Mr. Perlman moved to approve the agenda, seconded by Ms. Ms. McCarthy.
Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote.
APPROVAL OF MINUTES:
None.
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PROCLAMATIONS:
6.m.
Recognizing and Commending Pompey Park Youth Tennis Team
Mayor Schmidt read and presented a proclamation hereby proclaiming the
Pompey Park Youth Tennis Team to be "Champions among Champions and Ambassadors of
Good Will and Good Sportsmanship for the City of Delray Beach, Florida". The State of Florida
Youth Tennis District 6 Team Members representing Delray Beach are: Jermaine Boule, Kayla
Cox, Brandon Dowel, Marco Garcia, Sophonie Giddins, Alexander Gonzales, Emmanuel
Gonzales, Phillo Gordon, Jennifer Jimenez, Merissa Leal, Lori Oxidine, Marion Reis,
Gabriella Saleron, Elio Solory, and Lakia Wilson.
Ann Green, Recreation Supervisor IV/Parks and Recreation, speaking on
behalf of Pompey Park, congratulated the Youth Tennis Team and thanked Coach Bill Murray
for representing them.
Bill Murray, Coach of the Pompey Park Youth Tennis Team, stated that on
behalf of the tennis team he would like to thank the Commission for their support.
6.B
Recognizing City Government Week- October 21 through October 27, 2001
Mayor Schmidt read and presented a proclamation proclaiming October 21, 2001
through October 27, 2001 as Florida City Government Week. Robert A. Barcinski, Assistant
City Manager, came forward to accept the proclamation.
6.C. Delray Beach Orchid Society's llth Annual Show - October 26 through
October 28, 2001
Mayor Schmidt read a proclamation encouraging all citizens to come to and
support the Delray Beach Orchid Society' s 11th Annual Show "A Time for Orchids" to be held at
the Old School Square gymnasium on October 26th, 27th and 28th, 2001.
O.D.
Recognizing National Epilepsy Awareness Month - November 2001
Mayor Schmidt noted a proclamation hereby proclaiming November 2001 as
National Epilepsy Awareness Month.
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PRESENTATIONS:
7.A. Resolution No. 63-01 - Recognizing and commending Jack Ceasar for
Thirty-years of Dedicated Service to the City of Delray Beach
The caption of Resolution No. 63-01 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, RECOGNIZING AND
COMMENDING JACK CEASAR FOR THIRTY YEARS OF
DEDICATED SERVICE TO THE CITY OF DELRAY BEACH.
(The official copy of Resolution No. 63-01 is on file in the City Clerk's office.)
Mayor Schmidt read a Resolution recognizing and commending Jack Ceasar for
thirty years of dedicated service to the City of Delray Beach and also presented him with a
plaque. Mr. Ceasar came forward to accept the proclamation.
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Joe Weldon, Director of Parks and Recreation, stated it has been a pleasure to
work with Mr. Ceasar the sixteen of the last thirty years that he has been employed with the City.
Mr. Weldon stated Mr. Ceasar has been a leader by example in the Parks Maintenance Division
and a friend to all his co-workers. Furthermore, Mr. Weldon stated that Mr. Ceasar is honest,
trustworthy, and dependable and thanked him for a job well done.
7ogo
Delra¥ Shores/Sudan Neighborhood Action Plan
Lula Butler, Director of Community Improvement, stated this is the Delray
Shores/Sudan Subdivision Neighborhood Action Plan which is the first of a series of plans taking
a comprehensive approach to community building through a Strategic Task Team approach. The
team is made up of neighborhood volunteers and the City of Delray Beach Staff to address
residents concerns and make improvements to the neighborhoods to help increase the quality of
life and property values.
Ms. Butler stated the Strategic Task Team approach is designed around four
criteria. Those being as follows: (1) A defined geographic area; (2) An understanding of the
residents' needs; (3) All City Departments contribute; and (4) Full participation by the local
residents and property owners.
The role of the Strategic Task Team includes community collaboration,
conducting or commissioning a comprehensive study of the area, strategic implementation,
making sure everyone understands the big picture, keeping everyone who commits to the plan
accountable, and ensuring the process develops guardians so the results will be maintained.
At this point, Ms. Butler gave a PowerPoint presentation.
Ms. Butler recognized the following participants of the Delray Shores/Sudan
Strategic Task Team:
· Lula Butler, Director of Community Improvement
· Ken Thomas, Community Development Program Coordinator
· Tom Meeteer, Code Enforcement Supervisor
· Susan Passero, Code Enforcement Officer
· Winston Hudson, Neighborhood Program Specialist
· Lieutenant Charles Stravino, Fire Department
· Randal Krejcarek, City Engineer
· Officer Robin Smith, Police Department
· Nancy Davila, City Horticulturist
· Janet Meeks, Education Coordinator
Ms. Butler recognized the following Neighborhood Participants of the Strategic
Task Team Participants:
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· Joyce Ginocchio
· Shirley Goddard
· Odessa McDonald
· Viola Fashaw
· Carl Wesley
· Nixol Adea
· Anthony Simmons
Elaine Coleman
Lewis Andrews
Nathalee Barnes
Alexander Christopher
Carmelita Smith
Kenneth Gray
Fay Hill
On behalf of the Commission, Mayor Schmidt stated he would like to commend
all the residents from both neighborhoods who participated in this. Mayor Schmidt stated it
takes a partnership between the residents and the government to make things work. Mayor
Schmidt stated he is very excited about the program and feels Ms. Butler should be commended
for all the hard work she has put into the planning and implementation.
Mr. Perlman stated this makes him very proud of this plan and feels it is great to
see the pride and unity in the neighborhood. Mr. Perlman stated he noticed in one of the sections
of the plan the assessed property values had been flat over the past decade. Mr. Perlman stated
he recently spoke to a realtor who informed him that the two best places to invest right now are
Delray Shores and Sudan.
Ms. McCarthy moved to adopt the Delray Shores/Sudan Neighborhood Action
Plan, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer -
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said
motion passed with a 5 to 0 vote.
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CONSENT AGENDA: City Manager Recommends Approval.
8.A. RESOLUTION NO. 64-01: Approve Resolution No. 64-01 which verifies the
City's commitment to provide a 50% match to the $6,000 requested from the Division of
Historic Resources Division of the State of Florida for the Historic District Design Guidelines
Grant.
The caption of Resolution No. 64-01 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VERIFYING THE CITY'S
COMMITMENT TO PROVIDE A 50% MATCH FOR THE
HISTORIC DISTRICT DESIGN GUIDELINES GRANT; AND
AN EFFECTIVE DATE.
(The official copy of Resolution No. 64-01 is on file in the City Clerk's office.)
8.B RESOLUTION NO. 65-01: Approve Resolution No. 65-01 establishing the
Elder Ready Task Force consisting of fifteen (15) members with a sunset date of November 1,
2002. Commission appointments will be made at the November 6th Commission meeting.
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The caption of Resolution No. 65-01 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, ESTABLISHING AN ELDER
READY TASK FORCE FOR THE PURPOSE OF CREATING
AN ELDER READY REPORT; AND AN EFFECTIVE DATE.
(The official copy of Resolution No. 65-01 is on file in the City Clerk's office.)
8.C. LIMITED ACCESS EASEMENT: Approve a limited access easement for
property located at 701 NW 2nd Avenue (northeast corner ofNW 2nd Avenue and NW 7th Street.)
to allow for the construction of pool without encroachment into the required setback.
8.D. LANDSCAPE ARCHITECTURAL SERVICES/A. GRANT
THORNBROUGH & ASSOCIATES (SWINTON AVENUE BEAUTIFICATION, PHASE
II): Approve an agreement in the amount of $16,500.00 to A. Grant Thornbrough & Associates
to provide landscape architectural services for the Swinton Avenue Beautification, Phase II
project. Funding is available from 119-4151-572-60.69 (Beautification/Improvements Other).
8.E. COMMUNITY DEVELOPMENT DIVISION' S HOUSING
REHABILITATION GRANT AWARDS: Approve Housing Rehabilitation grant awards
through Community Development Division Housing Rehabilitation Grant in the amount of
$24,297.00 to Abisset Corporation for 317 SW 12th Street, and $20,259.75 to South Florida
Construction for 343 NW 7th Avenue. Funding is available from 118-1924-554-49.19 (SHIP
Housing Rehabilitation Grant).
8.F. ASSIGNMENT CONSENT/URS CORPORATION (FORMALLY DAMES &
MOORE): Approve the request from URS Corporation to change the name on all future service
authorizations for engineering services from Dames & Moore to URS Corporation due to
acquisition of Dames & Moore by URS Corporation.
8.G. FINAL PAYMENT/SECURITY ROOFING, INC. (RE-ROOFING BEACH
PAVILIONS): Approve final payment in the amount of $789.80 to Security Roofing Inc. for
the completion of the Beach Pavilions re-roofing project. Funding is available from 334-6112-
519-62.13 (Re-roofing Beach Pavilions).
8.H. CHANGE ORDER #1/FLORIDA BLACKTOP (SE/SW ROADWAY
IMPROVEMENTS: Approve Change Order #1 to Florida Blacktop in the amount of
$109,762.59 for the completion of the SE/SW Infrastructure Improvements. Funding is
available in the amount of $66,357.58 from 441-5181-536-69.22 (SE 7th Avenue), and in the
amount of $43,405.01 from 370-3162-541-63.45 (2000 Road Bond-SE/SW Area
Improvements).
8.1. CONTRACT ADDITION (C.O.
(SOUTHRIDGE/SUNSET/ALBATROSS/ROADWAY
#1)/SONIC ENGINEERING
INFRASTRUCTURE
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MPROVEMENTS CONTRACT): Approve a Contract Addition (C.O. #1) in the amount of
$107,351.50 to Sonic Engineering for approximately 2.205 L.F. of gravity sewer main
replacement for the Lake Ida Road improvement project. Funding is available from 442-5178-
536-61.51 W&S/Sewer Mains).
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SERVICE AUTHORIZATION NO. 10/MATHEW'S CONSULTING
(WATER MODEL OF DISTRIBUTION SYSTEM): Approve Service Authorization No. 10
to Mathew's Consulting for professional engineering services in the amount of $107,164.75 for
preparation of a computer model of the water distribution system. Funding is available from
442-5178-536-31.90 (W&S Other Professional Services).
8.K. SPECIAL EVENT REQUEST/12th ANNUAL HARVEST FEST: Approve a
special event request to hold the 12th Annual Harvest Fest on November 17th and 18th from l0
a.m. to 5 p.m. To grant a temporary use permit, use of Veterans Park, waiver of the 2-hour
parking limits at various parking lots, staff support for security, traffic control and event
signage.
8oLo
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period October
1, 2001 through October 12, 2001.
8omo
AWARD OF BIDS AND CONTRACTS:
Purchase award for an estimated annual cost of $91,575.00 to Praxair Inc.
for Liquid Carbon Dioxide (Co2) via the City of West Palm Beach Bid
#00/01-51. Funding is available from 441-5122-536-52.21 (W&S
Chemicals).
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Award of bid in the estimated annual cost of $75,000.00 to AMPS, Inc. for
production well rehabilitation for various wells located within the City.
Funding is available from 442-5178-536-63.97 (W&S Repair &
Replacement Fund).
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Bid award for an estimated annual cost of $15,000.00 to AlliedUniversal
Corporation for the purchase of Hydrofluosilcic Acid. Funding is
available from 441-5122-536-52.21 (W&S Chemicals)
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Contract renewal for an estimated annual cost of $35,000.00 to Colonna
Asphalt Restoration Inc. for asphalt and concrete repairs to various
locations within the City. Pricing via Broward County contract #H-D-98-
280-M1, funding is available from 441-5123-536-34.90 (Other
Contractual Services).
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Purchase award to Flowserve US Inc. in the amount of $41,500.00 for new
water main line stop equipment via based on prices from an existing City
of Lauderdale purchase order. Funding is available from 441-5123-536-
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8oNo
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64.90 (W&S Other Machinery & Equipment).
Bid award in the amount of $51,300.00 to Accurate Tennis for the
resurfacing of six (6) clay courts at the Delray Beach Tennis Center.
Funding is available from 334-4145-572-63.90 (General
Construction/Other Improvements).
MODIFICATION AND EXTENSION AGREEMENT/CHILDREN' S
SERVICES COUNCIL: Approve the Modification and Extension Agreement between the City
and the Children's Service Council for grant funding in the amount of $124,680 in support of the
Park's & Recreation Out-of-School Youth Recreation/Enrichment program, subject to review
and approval by the City Attorney.
Mr. Levinson moved to approve the Consent Agenda, seconded by Mrs. Archer.
Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes;
Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0
vote.
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REGULAR AGENDA:
9A. EXTENSION REQUEST FOR CONDITIONAL USE APPROVAL/DRUG
ABUSE FOUNDATION): Consider approval of an extension of a conditional use modification
request to allow the construction of an 80-bed dormitory for the Drug Abuse Foundation, which
is located at the Southwest Corner of Swinton Avenue and SW 4th Street.
Due to a conflict of interest, Mayor Schmidt stepped down and passed the gavel
to Vice-Mayor McCarthy.
Paul Dorling, Planning Director, stated at its meeting of May 2, 2000, the City
Commission approved a conditional use modification to allow the 80-bed dormitory at the drug
abuse treatment facility at S.W. 4th Street and Swinton Avenue. The approval is valid for 18
months unless 25% of the improvements have been completed. To date, the applicant has not
addressed the condition of approval that required platting the property. Consequently, the
applicant has submitted a request for the extension of the conditional use approval.
At its meeting of January 2, 2001, the City Commission approved changes to the
requirements for Residential and Non-Residential Alcohol & Drug Abuse Treatment Facilities.
The most significant change provided a 1,200-foot separation requirement between these
facilities and similar facilities as well as between private/public elementary, middle or secondary
schools.
Mr. Dorling stated in reviewing this all the original required findings continue to
be applicable and with respect to the separation, the existing drug abuse foundation is
approximately 1,420 feet from St. Paul's Episcopal Church, which contains a private school.
Mr. Dorling stated given that this exceeds the 1,200 feet of another such facility,
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there is no issue with the separation requirements. Staff is recommending approval based upon
positive findings with respect to Chapter 3 (Performance Standards), Sections 2.4.5(E)(5) and
4.3.3(D) of the Land Development Regulations, and the policies of the Comprehensive Plan, said
approval to be valid for an additional eighteen (18) months, subject to the condition that the
property be platted.
The following applicant came forward to address the Commission:
Jose A. Obeso, 1600 N.W. 2nd Avenue, Boca Raton, FL, architect for the
Drug Abuse Foundation, stated for quite some time they have continued working with the City
in order to get the approval so that this building would be constructed. Due to funds that the
drug abuse foundation could not come up with, the project could not get underway. The Drug
Abuse Foundation now has the necessary funding and everything is pending per approval by the
Commission.
The City Attorney asked if there is a need for a site plan extension as well? In
response, Mr. Dorling stated the site plan was approved sometime after the conditional use and if
the construction is started then there is probably not a need for it.
Mrs. Archer inquired whether or not St. Paul's Episcopal Church had been
notified of the pending construction? In response, Mr. Dorling stated he has not been notified of
the pending construction.
Ms. McCarthy declared the public hearing open. There being no one who wished
to address the Commission, the public hearing was closed.
Mr. Perlman moved approval of the extension of a conditional use modification
request to allow the construction of an 80-bed dormitory for the Drug Abuse Foundation,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Vice-Mayor
McCarthy - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion
passed with a 4 to 0 vote.
9.B. REQUEST TO WAIVE LIEN INTEREST: Consider a request from Mr. Don
Johnson, 338 NW 4th Avenue, to waive the interest accumulated ($258.70) on a lien against his
recently acquired property. Mr. Johnson is prepared to pay the remaining lien of $746.13, which
includes the City's out-of-pocket expenses.
Lula Butler, Director of Community Improvement, stated that Mr. Don Johnson
purchased property located at 338 N.W. 4th Avenue through a private sale without a title search.
Through Code Enforcement, the City abated multiple nuisances on this property between 1995
and 1997. The liens total up to $1,004.83 as of today, which includes all of the interest and other
fees. Mr. Johnson is willing to pay $746.13, which includes the City's out-of-pocket expenses,
but feels it is not fair for him to pay the interest of $258.70 since he was only recently made
aware of the liens.
When a lien search request is sent to the City via the City Attorney's office or the
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City Clerk's office, Mr. Levinson suggested that the City send a document that reads as follows:
"This may not be the total number of liens and this must be verified through the lien records at
the County".
Mr. Perlman moved to waive the lien interest request in the amount of $258.70 on
the property located at 338 N.W. 4th Avenue, seconded by Ms. McCarthy. Upon roll call the
Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes;
Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
Prior to the vote, Ms. McCarthy stated some sales are happening without the
traditional title search. Ms. McCarthy suggested that if this is a concern, the Commission might
need to discuss this further. Ms. McCarthy stated that the Commission would probably see more
of this in the next five years.
At this point, the time being 7:00 p.m., the Commission moved to the duly
advertised Public Hearings portion of the agenda.
10.
PUBLIC HEARINGS:
10.A. 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. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public
hearing has been scheduled to be held at this time.
The City Manager presented Ordinance No. 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. 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.
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Robert A. Barcinski, Assistant City Manager, stated at its meeting of October 2,
2001, the City Commission voiced concerns about enforcement, signage, pedestrian safety and
clean up after pets. Mr. Barcinski stated a memo from Police Chief Schroeder is included in the
agenda backup outlining the enforcement measures. Public Works staff will make and install
new signs along A-l-A, which would include clean up after pet requirements.
Mr. Levinson inquired about Mayor Schmidt's suggestion with regard to the
plastic bags and asked Mr. Barcinski if he was able to obtain any information? In response, Mr.
Barcinski stated he needs to call the County to obtain information about the plastic bags.
Mayor Schmidt declared the public hearing open.
Charlene Henning~ 1102 Waterway Way~ distributed a letter to Mayor Schmidt
from one of the homeowners and stated she fully supports this ordinance. In addition, Ms.
Henning reassured the Commission that she and her neighbors would clean up after their dogs.
Louis Feldgoise~ 1026 Coralina Lane~ stated he is a dog owner and expressed
his support for the amendment to the ordinance. Mr. Feldgoise stated that he uses Gleason Street
to walk his dog and emphasized that the street is extremely dark and not safe. Mr. Feldgoise
stated if the proper enforcement is put into place and the community is notified of a significant
finding imposed and should people not respect this, Mr. Feldgoise feels it would be adequate to
encourage people to follow the regulations.
Alice Finst~ 707 Place Tavaut, suggested that the Commission review this
ordinance and have a restricted area. For example, Ms. Finst suggested that the restricted area be
at the north end of the beach with access to the water. Ms. Finst suggested that there be a "dog
beach". Ms. Finst stated she would also like to see additional language in the ordinance
regarding a review in six months to see how it is working.
Emily Stolmam 1015 Vista Del Mar~ stated she recently moved to Delray Beach
from New York where you can basically walk your dog anywhere. Ms. Stolman fully supports
the amendments to the ordinance.
Leslie Hening~ 1102 Waterway Lane, stated he is in favor of the expansion to
the west side of the dune. Mr. Hening stated if there was a sidewalk on the west side of A-1-A
then there would be no problem. However, currently to adhere to the rules of Delray Beach Mr.
Hening stated someone walking their dog must walk in the road and he feels this is very
dangerous.
John Bennett~ 137 Seabreeze Avenue~ supports this ordinance and suggested
that there be more signs warning people to "do it right or loose it" in addition to the other signs
that will be posted to make it clear to people who are not as motivated to pickup after their pets.
With regard to the way the ordinance is written, Mr. Bennett explained two suggestions, which
he feels the ordinance should reflect. One, Mr. Bennett suggested that the animals being walked
in this area be on a leash. Secondly, Mr. Bennett made reference to the last sentence in the
ordinance that reads: "All animal owners shall be responsible for the cleanup and disposal of
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any animal waste in this area." Mr. Bennett suggested that the wording be changed to add the
following language at the end of the sentence "caused by their animals".
Mary Ann Monnin~ 130 Andrews Avenue~ stated there are no sidewalks in the
area and no neighborhood protection for dogs. Ms. Monnin inquired about why the sidewalk on
the west side of A-1-A was never extended from Seagate to George Bush Boulevard. She feels
the two sidewalks that are available north of Atlantic Avenue should be shared and people need
to be responsible for picking up after their animals. Ms. Monnin stated walking on the west side
is very dangerous and urged the Commission to take this very seriously.
There being no else who wished to address the Commission, the public hearing
was closed.
Mr. Perlman commented that he has a dog and remembers that one of the
frustrations he recalls is when the dog was younger is that there was no place to take him except
for a County park. Mr. Perlman feels this ordinance is reasonable and he will support it.
Ms. McCarthy stated her concern is the people who walk in the early morning that
will be confronted with those people walking their dogs. Ms. McCarthy supports this ordinance
but stated she would like to see a six-month review period.
Mrs. Archer stated she feels it is important to support the ordinance with the
understanding that this be reviewed in approximately six months to a year. In addition, she feels
the dogs should be on a leash.
The City Attorney stated that the intent of the ordinance is that the dogs have a
leash and that they not be allowed to just run free.
Mr. Levinson stated he agrees with the leash and the review provision. In
addition, although he feels it is important for responsible dog owners to pickup after their dogs,
Mr. Levinson feels the language in the last sentence of the ordinance which states: "...any
animal waste in this area." should be changed because he feels that it is unreasonable. Mayor
Schmidt suggested changing the word "any" to "their". Mr. Levinson concurred with Mayor
Schmidt about the wording change.
The City Attorney gave direction to the City Clerk to place this in her tickler file
for April 8, 2002.
Mr. Levinson moved to adopt Ordinance No. 57-01 on second and FINAL
Reading as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as
follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes;
Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote.
10.B. REQUEST FOR WAIVER OF CITY ORDINANCE (ABC CARPET &
HOME): Consider a request from ABC Carpet & Home, 777 South Congress Avenue, for a
waiver to the provisions of Section 4.6.7(G)(7) of the Sign Code in the City's Land Development
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Regulations. The City will consider waiving the provisions of the code that state flat wall signs
must face dedicated street frontage and also limits the total number of signs allowed on the
project site. (Quasi-Judicial Hearing). Prior to consideration of passage of this ordinance on
Second and FINAL Reading, a public hearing has been scheduled to be held at this time.
Mayor Schmidt asked the Commission to disclose any ex parte contacts. Mayor
Schmidt stated he received a call today from Pat Stark, who works for the applicant ABC Carpet.
Mr. Levinson noted that he also had a conversation with Ms. Stark.
Vice-Mayor McCarthy, Commissioner Perlman, and Commissioner Archer had
no ex parte contacts.
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 waiver.
Lula Butler, Director of Community Improvement, stated the Commission is
being asked to consider a request from ABC Carpet for a waiver to Section 4.6.7(G)(7), which
governs the number and size of flat wall signs allowed in the commercial zoning districts. The
business is located at 777 South Congress Avenue. The agent is seeking approval of two
additional flat wall signs to the north and south elevations and both signs will be 10' x 8' (80
square feet). Section 2.4.7(B) of the LDR's allows the Commission to grant waivers. Before
granting a waiver, the Commission shall make a finding based on one of the following:
Shall not adversely affect the neighborhood area
Shall not significantly diminish the provision of public facilities
Shall not create an unsafe situation; and
Does not result in the granting of a special privilege in that the same waiver would not be
granted under similar circumstances on other property for another applicant or owner.
Staff recommends denial of the addition of two flat wall signs to its existing
business, as the granting of a waiver would result in a special privilege.
Mike Sneidermam owner of Sign-A-Rama~ stated "My name is Mike
Sneiderman. ! own Sign-A-Rama. That's a sign company at 3125 S. Federal Highway. Those
of you who were at the Chambers function the other night, I'd like to acknowledge the fact that !
am a three-dimensional person, not necessarily just a two-dimensional person." Mr. Sneiderman
stated that ABC Carpet is a 60,000 square foot building and is a destination point for thousands
of people coming from as far away as Jacksonville, Naples, Key West, and Tampa. Mr.
Sneiderman stated the reason ABC Carpet needs this signage because the product at ABC Carpet
& Home is a high-end product.
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Pat Stark~ 16 Andrews Avenue and works at ABC Carpet & Home~ stated
customers constantly tell her that while driving on 1-95 they drive right past the business. Ms.
Stark urged the Commission to approve this waiver and stated she is pleading hardship.
There being no one else who would like to speak in favor or against the waiver,
the public hearing was closed.
A brief discussion followed between the Commission, staff, and owner of Sign-A-
Mrs. Archer moved to the deny the request from ABC Carpet & Home, 777 South
Congress Avenue, for a waiver to the provisions of Section 4.6.7(G)(7) of the Sign Code in the
City's LDR' s, seconded by Mr. Levinson.
At this point, Mrs. Archer withdrew her motion and Mr. Levinson withdrew his
second.
Mrs. Archer moved to approve that the City allow ABC Carpet & Home to place
the proposed signs on the north and south corners of the building and require them to remove the
sign that exists on the east side, second Mr. Perlman. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes;
Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote.
The City Manager commented that staff is working on the revision of the sign
code. Ms. Butler stated the target date to complete the rewrite of the sign code is November 20th
and then the committee of sign contractors will present to staff for review. Ms. Butler stated the
sign code would then be brought before the Commission around February 2002.
10.C. 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. (Quasi-Judicial Hearing). Prior to consideration of passage of
this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at
this time.
The City Manager presented Ordinance No. 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,
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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.)
CONDITIONAL USE REQUEST: Consider a conditional use request to
establish a privately operated parking lot for Donnie's Golden Spoon Restaurant
located on the ease side of NW 6th Avenue, approximately 300' north of West
Atlantic Avenue. Prior to consideration of passage of this item, a public hearing
has been scheduled to be held at this time.
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
The City Attorney stated there is also a conditional use request associated with
this rezoning and suggested to combine all testimony.
The City Attorney asked the Commission to disclose any ex parte contacts. No
exparte contacts were noted.
Barbara Garito, City Clerk, swore in those individuals who wished to speak on the
rezoning and the conditional use.
Paul Dorling, Planning Director, entered into the record the Planning and Zoning
Department's file #2001-027 and file #2001-228.
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). Operation of a privately owned parking lot in the CF zoning district
requires conditional use approval, which is being processed concurrently with second reading.
At its meeting of September 24, 2001, the Planning and Zoning Board held a
public hearing on the proposed rezoning. The Board recommended approval of the rezoning by
a vote of 5 to 0 (Randolph and Shutt absent), based upon positive findings with respect to
Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development
Regulations, and policies of the Comprehensive Plan.
Ms. McCarthy inquired about the ownership of the alley. Mr. Dorling stated the
owner of the alley is unknown and stated the applicant needs to clarify ownership obtaining
ownership of that parcel.
There being no one from the public who wished to address the Commission, the
public hearing was closed.
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Mr. Perlman asked if there is adequate parking for the size of the restaurant? In
response, Mr. Dorling stated there is adequate parking. The City Attorney asked Mr. Dorling if
this could be done with an outside parking agreement? Mr. Dorling explained that this would
require an agreement with the Fire Station property. Mr. Dorling stated that the Code states that
it would be a 300-foot pedestrian route and if someone had to go around the Fire Station
property, they would exceed the 300 feet. However, Mr. Dorling stated if they could walk
through the Fire Station property, then it would within the 300 feet.
Mr. Perlman moved to adopt Ordinance No. 55-01 rezoning from R-1-A (Single-
Family Residential) to CF (Community Facilities) to accommodate an off-street parking lot on
second and FINAL 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.
Mr. Perlman moved to approve the conditional use request, subject to the
conditions, 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.
10.D. ORDINANCE NO. 53-01 (SECOND READING/SECOND 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,
implementing recommendations in the West Atlantic Avenue Redevelopment Plan.
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 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 SETBACKS FOR PARCELS
THAT HAVE FRONTAGE ALONG NW AND SW 5TM
AVENUE; AND BY AMENDING SUB SECTION (G),
"SUPPLEMENTAL DISTRICT REGULATIONS", BY
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AMENDING SUB-SECTION (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 Dorling, Planning Director, stated the following three text amendments were
identified to in the West Atlantic Avenue Redevelopment Plan to be executed:
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 feet; 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 30 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.
At its meeting of September 24, 2001, the Planning and Zoning Board held a
public hearing. The Board voted 5-0 (Randolph and Shutt absent) to recommend approval of the
proposed text amendment, based upon positive findings with respect to LDR Section
2.4.5(M)(5).
Mayor Schmidt declared the public hearing open. There being no one who wished
to address the Commission, the public hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 53-01 on second and FINAL Reading,
seconded by Mr. Levinson. 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.E. ORDINANCE NO. 56-01: An ordinance amending Land Development
Regulations Section 4.3.3(Q) regarding the definition and size of Guest Cottages, pursuant to
Section 2.4.5(M). Prior to consideration of passage of this ordinance on Second and FINAL
Reading, a public hearing has been scheduled to be held at this time.
The City Manager presented Ordinance No. 56-01:
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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. 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 this amendment is being processed to
provide clarification of the "Definition" (Appendix A) and special requirements (LDR Section
4.3.3(Q)) of the Land Development Regulations regarding Guest Cottages and for the most part
is self-explanatory.
Mayor Schmidt declared the public hearing open. There being no one from the
public who wished to address the Commission on this ordinance, the public hearing was closed.
Ms. McCarthy moved to adopt Ordinance No. 56-01 on Second and FINAL
Reading, 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.
TO P ~ PP, OPERTY MOP, E
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~ohn B~nnett seabreeze ~enue stated he fe~l ~i~ i~ P~ ~ct~v~ ~
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v~te
ll.A.
City Manager's response to prior public comments and inquiries.
With regard to a prior concern expressed over the loss of historic buildings and
the City's inventory of such buildings, the City Manager stated the City does have a partial
inventory buildings which are fifty years old and older. In 1998, the City Manager stated the
City received a grant from the Division of Historical Resources to complete Phase ! of the
historic structure survey, which identified 400 historic structures. The City Manager stated these
along with 350 structures previously documented bring the total to 750 fully documented historic
structures. During the Phase ! survey an additional 500 properties were identified. In the year
2000, the City Manager stated the City received an additional grant for Phase I! and the
inventory of those additional structures is underway. All buildings that are fifty years old or
older that have historical or architectural significance are identified as contributing structures.
These are provided additional protection during the review process with the Historic Preservation
Board (HPB). The City does have a database, which allows the Planning and Zoning staff to
identify properties by address, and provides the ability to come up with master site file forms.
The City Manager stated some people are under the impression that it will stop demolition. The
City Manager stated this slows demolition down and allows for some questions to be asked but it
will not stop it. The City Manager stated staff is identifying these and where appropriate may
add historic districts or expand historic districts, which create an additional level of protection.
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10/16/01
With regard to a concern expressed about conflicting Board meetings, the City
Manager stated the conflict came about because the Site Plan Review Board (SPRAB) has been
meeting every other week and the Historic Preservation Board (HPB) has been meeting on
certain weeks of the month. The City Manager stated this created a conflict on Wednesdays.
SPRAB and HPB will now meet on a regular basis. SPRAB will meet on the second and the
fourth Wednesday of the month and the HPB will continue to meet the first and third Wednesday
of the month. This schedule should allow any citizen that desires to attend both meetings to do
so and should eliminate any potential conflict for design professionals, which may have multiple
projects before both Boards. The City Manager stated the change will be effective November 1st
and the only difference will be that there will be two fewer SPRAB meetings a year and may
slow down consideration of some projects in certain months.
With regard to a previous comment about the new flat wall signs painted on the
community market north of east elevations and an inquiry about advertisements being placed on
the grocery store located at $.W. l0th Street and Wallace Drive, the City Manager stated all signs
proposed for the West Atlantic Avenue redevelopment area are reviewed by the West Atlantic
Avenue Redevelopment Coalition (WARC). The signs alluded to were applied for in July and
staff's recommendation to WARC was to direct the applicant to create a more esthetically
appealing sign for this location considering the quality and type of upgrades desired for this
commercial corridor. However, the Board voted unanimously to accept the sign designs as
presented. The Board felt that the sign code should be changed to dictate aesthetic design
features for the downtown corridor. With regard to the market located at $.W. l0th Street and
Wallace Drive, the City Manager explained that prior to the October 2nd meeting, staff had
already addressed the illegal signs advertising the sale of beer and cigarettes referred to at this
location. The City Manager stated all of the illegal signs were removed as of October 3rd. The
City Manager stated there is a problem with a recurring sandwich sign advertising the sale of
lotto tickets but generally the owner has been cooperative with the City's direction regarding
signs.
With regard to recent comments regarding wild animals, the City Manager stated
in order to trap and transport wild animals you have to have special trapping and transporting
permits from the Florida Fish and Wildlife Conservation Commission. The City Manager stated
the trapping and transportation would be a problem for us because the City's kennel is not
equipped to house wildlife and we do not have proper food supplies to feed any non-domestic
animals. Removing wildlife from field traps to the animal control vehicle then to the kennel area
poses significant handling problems. If the animal needs to be removed from the kennel the
transport and other handling problems is encountered. The City Manager stated it is still legal to
relocate nuisance wildlife to public land and relocating nuisance wildlife to private land is
possible with permission from the landowner. The City Manager stated relocation in any event
is a risky procedure and the Florida Fish and Wildlife Conservation Commission writes that it is
rare that relocated animals have a good chance of survival and moving them may even affect the
survival of animals in their new home. Private licensed trappers are much more accustomed to
dealing with the problems imposed by the wildlife than the City. Private trappers dispose of
animals they trap as a business decision. The City's animal control vehicle and kennel are
equipped to deal with domestic animals and since all the domestic animals in the City's custody
are transported to Palm Beach County, County personnel attempt to adopt the animals out to
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caring individuals. The City Manager stated the Florida Fish and Wildlife Conversation
Commission does have a website viewing this particular problem and they said particularly with
regard to raccoons that it is lawful for landowners to humanely destroy or live trap nuisance
raccoons without a permit. If the raccoon is to be taken away from the property and released, a
permit is required to transport the animal and you must have permission from the property
owner.
With regard to Ms. Rolle's comments about the oleanders on the west side of the
tennis center, the City Manager stated the oleanders appear to have some type of disease or
fungus and the City intends to get them pulled out and replaced by the end of the month.
With regard to the construction along Atlantic Avenue, the City Manager stated in
retrospect when the next phase of the beautification project is planned, the City may want to
budget for a construction schedule that avoids disruption of pedestrian traffic on both sides of the
street simultaneously. The City Manager stated this was not done on the current project due to
time and cost issues. In any event, the City Manager stated even though staff continually works
with the contractor to address safety issues during the project, it is a construction site and
appropriate care needs to be exercised by anyone entering the area for any reason. At various
points in time during construction excavations where installation of underground utilities electric
conduit, etc. must occur. These trenches are not left open during non-working hours and access
to adjacent businesses is maintained as much as possible given the particular construction event.
The City Manager stated maintenance of traffic on Atlantic Avenue is monitored by the City's
project inspectors and has been consistently in conformance with the approved maintenance
traffic plan and the Florida Department of Transportation (FDOT) requirements. The City
Manager stated the construction inspectors monitor the construction status and quality work
performed by the contractor to ensure performance with plans and specifications. Any
construction elements found not in compliance with plans and specifications are removed and
reconstructed according to the plan. To date, all the work has been completed in conformance
with plans and specifications. With regard to the attitude and demeanor of the construction
crews, the City Manager stated this is an issue, which is difficult to address. While the City's in-
house crew as well as our maintenance staff understand the importance of courtesy and a positive
attitude in dealing with our residents, employees of contractors and their subcontractors are often
less sensitive to these issues. The City Manager stated regretfully our ability to instill these
values in non-employees is limited.
11.B. From the Public.
ll.B.1. Jim Smith~ 1225 S. Ocean Boulevard, expressed concern over the high rises in
Delray Beach and asked if we want these high rises to cast shadows on our beach and further
block our views of the sunrises and the sunsets? Do we want more high rises in the
unmanageable growth and congestion that they will surely bring? Do we want more high rises
that will outstrip our infrastructure and mean more streets torn up for sewers, water, and
telephone connections? Do we want more high rises because we are dissatisfied with the way
Delray is because bigger is better? Mr. Smith stated the answer is "no" to all of these questions.
Mr. Smith stated he is requesting that BPOA, PROD, and the Commission to change the zoning
laws restricting all new buildings along both Ocean Boulevard and Atlantic Avenue to a three-
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story limitation. Mr. Smith stated in a summary report issued today by the Treasure Coast
Regional Planning Council described this three-story height restriction as "the ideal height
limitation along Atlantic Avenue". Mr. Smith encouraged the Commission to eliminate the high
rise threat to our quality of life in an effort to help preserve Delray Beach.
11.B.2. Kenneth Gra¥~ 696 Udell Lane~ stated that there are citrus canker signs at every
entrance in the Delray Shores area. Mr. Gray requested that these signs be removed immediately
since there is no more canker in Delray Shores. Mr. Gray stated the one tree that did indeed have
canker has been removed and the tree cutting has stopped temporarily.
ll.B.3. John Bennett~ 137 Seabreeze Avenue~ stated he has a general comment
generated at the last meeting and a more specific comment triggered by an action at a SPRAB
meeting some time ago. First, Mr. Bennett stated Mr. Dorling stated that "now is not the time to
be tinkering with the performance standards for a variety of reasons". Mr. Bennett stated the
process currently is driven project by project and it does not seem to give the City a lot of
control. Mr. Bennett stated with the current staffing levels in the Planning and Zoning
Department, he does not understand how staff will be able to handle revising the codes and at the
same time juggle multiple day-to-day projects. Mr. Bennett stated the deadline of tomorrow
pushes next week and next month's projects out the window. Therefore, Mr. Bennett stated one
almost never gets to the long-term projects.
Secondly, with regard to an aspect of the City's code, Mr. Bennett stated SPRAB
recently had before it a proposal for an outdoor dining area of 750 feet and the code required that
the applicant come up with three parking spaces which he was able to do. Mr. Bennett explained
that the applicant's testimony was that he planned to have seating in this area between 36-40
people. Mr. Bennett stated unless these people arrive in vans, then the three parking spaces will
not suffice.
9.C. AMENDMENT NO. 2/DUBIN & ASSOCIATES~ INC. (TENNIS CENTER
MANAGEMENT AGREEMENT): Consider approval of Amendment No. 2 to the Tennis
Center Management Agreement with Dubin & Associates, Inc., reducing the management fee by
approximately $25,000 per year or a fee of $2,083 per month effective November 1, 2001.
Robert A. Barcinski, Assistant City Manager, stated this is before Commission to
approve Amendment No. 2 to the Tennis Center Management Agreement. Mr. Barcinski stated
the request is to reduce the annual fee by $25,000 per year. Mr. Barcinski noted a typographical
error to the total annual current fee for 2002. The amount should be $44,004 not $40,004.
Since hiring a Tennis Director and a Chief Operations Officer, Mr. Dubin feels
that he will be able to reduce the time spent on this account and that the funds saved could be
used to improve day to day operations. Mr. Barcinski stated staff recommends approval of
Amendment No. 2 to the Tennis Center Management Agreement dated September 29, 1999.
Mr. Levinson asked if the hiring of a Tennis Director and a Chief Operations
Officer exceed the budget amount for those and whether or not the $44,004 is a net gain for the
City or will some of that money be used by additional expenses for those employees? In
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response, Mr. Dubin with Dubin & Associates, Inc. stated the Chief Operations Officer would be
a staff position.
Mr. Perlman asked if the recommendations are to take the savings and put them
back into the Tennis Center? In response, Mr. Barcinski recommended to take the savings now
and leave it there until mid-year and see what is needed between now and then. Mr. Barcinski is
hopeful that the City will have a net savings overall. The City Manager explained this money
would stay in the tennis center budget which the City controls and at mid-year if it is not needed,
then at that point the City would recapture it.
Mrs. Archer moved to approve Amendment No. 2 to the Tennis Center
Management Agreement with Dubin & Associates, Inc., 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.
9.D. REQUEST ADDITIONAL RATE CATEGORY/MUNICIPAL GOLF
COURSE (PALM BEACH COUNTY RESIDENT RATE): Consider a request to include an
additional rate category at the Municipal Golf Course for Palm Beach County Residents.
Robert A. Barcinski, Assistant City Manager, stated this is a request to establish a
Palm Beach County resident rate category. Mr. Barcinski stated this is being proposed as an
attempt to help generate additional business. Also, Mr. Barcinski stated they feel it will help to
increase revenues and increase the rounds.
Mr. Barcinski stated he also supports a tier in the rate structure for players who
are not residents. Currently, the rate structure for residents and non-residents is based on a
maximum rate. This rate could be reduced to attract other non-residents from the Boca Raton
and Boynton Beach areas. Mr. Barcinski suggested that the City do this on a trial basis for a few
months and track it to see what happens.
The following discussion followed by the Commission:
Mrs. Archer commented that she does not feel it will be successful with only
trying this for a few months.
Mayor Schmidt stated he would like to see the result of trying this through the
winter season (approximately six months).
Mr. Levinson does not feels sufficient information has been provided to the
Commission to review. Mr. Levinson stated there are no estimates on how many rounds the City
expects to gain, there is nothing explaining what revenue loss there will be by forgiving these
number of discounts, there are no projections, and no history. Mr. Levinson stated he does not
see much advantage in offering a Palm Beach County resident something even though he or she
may not pay taxes and suggested that the City provide a Delray taxpayer who is not a resident a
discount. Mr. Levinson stated he cannot support this unless additional information is provided.
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10/16/01
Ms. McCarthy stated she concurs with the principle of Mr. Levinson's comments
about the Delray taxpayer that is not a resident being the person who should probably get this
benefit. However, Ms. McCarthy feels something like this should be moved forward.
Brahm Dubin, Dubin & Associates, Inc. stated he has worked with Mr. Barcinski
for the last twelve years together and noted this is only the third time he has disagreed with him.
Mr. Dubin stated the reason he supplies maximum rates is because they are driven by market
rates. He stated the golf course also provides specials instead of coming back and to measure
rates. Mr. Dubin stated he is constantly analyzing on a daily basis and explained that this is a
marketing tool. Mr. Dubin stated the $54.00 rate is market driven.
Further discussion followed between the Commission and Mr. Dubin.
Mrs. Archer moved to approve the request to include an additional rate category
at the Municipal Golf Course for Palm Beach County residents, seconded by Mr. Perlman.
Mr. Perlman asked if the City is doing this for a specified period of time? Mrs.
Archer feels it would be useless to do this for two months and recommended doing this through
the season. Mayor Schmidt stated he concurs with Mrs. Archer to do this on a trial basis through
April 2002.
At this point, Mrs. Archer amended her motion to include trying this for a six-
month trial period lasting through April 2002.
Mrs. Archer moved to approve the request to include an additional rate category
at the Municipal Golf Course for Palm Beach County residents for a six-month trial period
lasting through the end of April 2002, seconded by Mr. Perlman. Upon roll call the Commission
voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer
- Yes; Mr. Levinson - No. Said motion passed with a 4 to 1 vote.
9.E. AT&T SITE LEASE AGREEMENT AMENDMENT NO. 2: Consider
approval of Amendment No. 2 to the Site Lease Agreement between the City and AT&T,
providing for an increase of the number of antennas on the water tower, increasing the rent
structure and clarifying AT&T's responsibility for all taxes.
Amanda Solomon, Telecommunications Systems Manager, stated the City does
receive other monies from this lease. Ms. Solomon stated AT&T also pays towards the rehab of
the water tower.
Mr. Levinson stated he feels very uncomfortable supporting this without seeing
any surveys. Ms. Solomon stated she has been in contact with other cities and county agencies
as well regarding leases that they have signed within the last sixty days. Ms. Solomon explained
that there is an "RF" (radio frequencies) factor involved and certain areas need the wireless
coverage. Ms. Solomon stated that the towers cannot be within a 300-foot radius to a residential
area. Therefore, because a mutual agreement could not be reached with AT&T for this site,
AT&T is abandoning location of the tower at the municipal golf course which would have
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provided the City of Delray Beach with additional coverage.
Further discussion ensued between Ms. Solomon and the Commission.
Mr. Perlman moved to approve Amendment No. 2 to the Site Lease Agreement
between the City and AT&T, seconded by Ms. McCarthy. Upon roll call the Commission voted
as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - No;
Ms. McCarthy - Yes. Said motion passed with a 4 to 1 vote.
9.F. BID REJECTION/& CHANGE ORDER #1/GTE BUILDERS (CITY
MARINA SEAWALL IMPROVEMENTS): Consider rejection of the only bid received for
the seawall and dock repair at the City Marina (Custom Built Marine Construction in the amount
of $116,790.00), and approve Change Order #1 in the amount of $76,162.00 to the contract with
GTE Builders. Funding is available from 426-4311-575-65.23 (City Marina Renovations).
Dick Hasko, Director of Environmental Services, stated the change order consists
of a reduced scope of work originally bid as part of the City Marina and Sarah Gleason Park
Improvements project.
Mr. Perlman moved to approve the bid rejection from Custom Build Marine
Construction in the amount of $116,670.00 and Change Order #1 in the amount of $76,162.00 to
the contract with GTE Builders, seconded by Mrs. Archer. Upon roll call the Commission voted
as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes;
Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote.
9.G. AUTHORIZATION TO APPEAL/DHARMA (BLOCK 77): Consider giving
the City Attorney authorization to appeal the order granting Dharma the right to amend its State
Case concerning a consistency with Comprehensive Plan Challenge in the Block 77 matter.
The City Attorney stated staff is seeking authorization from the Commission to
either appeal the judge's ruling or ask for a Writ of prohibition if necessary.
Mr. Levinson moved to approve the authorization, seconded by Mrs. Archer.
Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0
vote.
9.H. SPECIAL EVENT REQUEST/5th ANNUAL FIRST NIGHT-2002: Approve a
special event request to hold the 5th Annual First Night-2002 event on December 31, 2001 from
4:00 p.m. to midnight. To grant a temporary use permit, the closure of streets, use of facilities,
allow event signage, staff support and waiver of overtime costs and facility rental charges.
Robert A. Barcinski, Assistant City Manager, stated this is a request for the
Commission to endorse the 5th Annual First Night 2002 event to be held on December 31, 2001
from 4:00 p.m. to midnight, to grant a temporary use permit per LDR's section 2.4.6(H) for the
use of City right-of-way and facilities as requested, to waive LDR's section 4.6.7(D)(3)(j)(ii) to
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allow event signage to be placed more than one week prior to the event, to authorize staff support
as requested, to authorize facility use as requested, and to consider waiver of overtime costs and
facility rental charges.
The Committee is requesting waiver of all overtime costs and rental fees for City
facilities. The estimated overtime costs for this year's event is $12,900. The rental charge for
the use of the Tennis Stadium is $7,250 (includes floor and stage set up).
Mr. Barcinski stated he budgeted overtime in the Public Works budget as this
being an event that would be held. Mr. Barcinski stated he has not seen the Police and Fire
budgets but Public Works and Parks and Recreation did budget for this.
The City Manager stated the overtime figure does include increased security over
prior years and this is one of the reasons for the additional overtime costs.
Mr. Perlman moved to approve the special event request to hold the 5th Annual
First Night 2002 event on December 31, 2001 from 4:00 p.m. to midnight, seconded by Mrs.
Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy -
Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5
to 0 vote.
9oio
DIFFERENTIAL PAY/MILITARY RESERVIST
recommendations regarding differential pay for employees called up
Reservist Duty.
DUTY: Consider
for Active Military
The City Manager stated two City employees have been called to active duty and
four others have been alerted to that possibility. During the Gulf War, the City Manager stated
the City paid the difference between their military pay and their pay with the City so that their
income is maintained. The City Manager stated the City is allowed to do this per State law and
recommends doing this for 90 days. At that point, the City Manager stated the situation could be
reexamined.
Mrs. Archer moved to approve the recommendations regarding differential pay
and continuation of benefits for employees called for Active Military Reservist Duty, seconded
by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes;
Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
12.
FIRST READINGS: None.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager.
The City Manager had no comments and inquiries on non-agenda items.
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13.B. City Attorney.
The City Attorney announced that she has two new twin grandsons.
13.C.
13.C.1.
City Commission.
Commissioner Archer
Mrs. Archer stated she had the opportunity to attend the PROD meeting where
there was presentation for the Atlantic Avenue Master Plan. Mrs. Archer stated the presentation
was quite good and she thoroughly enjoyed it. Mrs. Archer stated the presentation was
masterfully done and is something she would like to see happen with more groups in the City.
Mrs. Archer stated listening to Commissioner McCarthy's comments triggered
something that she recently attended. Mrs. Archer stated she is a member of the Drug Task
Force for Delray Beach and a meeting about a week ago where some of the legislators were
down from Tallahassee to discuss issues including the shortage of detox beds in the South
County area. Mrs. Archer stated while in some cases there are ample treatment facilities, if you
cannot get the patients detoxified, they cannot get in. For example, Mrs. Archer stated for the
Wasteside House there is a two-week waiting list to get in but there is six-week wait for a detox
bed. Mrs. Archer stated at the meeting there was discussion about redistribution of these detox
beds and about having a centralized program to be able to identify where the beds are so patients
can be sent anywhere.
Mrs. Archer stated during the discussion at the Drug Task Force Meeting another
concern that came up was that now that we are going to have approximately a $1.7 billion cut in
next year's budget and one of the things that will be cut would be human services. Mrs. Archer
stated because of that, we are already stressed with drug treatment facilities and the ability to get
in, etc., they are trying to gear up for exceptionally heavy use of drug facilities because of the
stress of this impeding disaster and the ramifications it will have both financially and mentally
on our population. With the cut in the budgets, Mrs. Archer feels we are going to find more
stress on our Police Department, more drug traffic in our streets, and perhaps more criminal
activity as well. Mrs. Archer reiterated that these are going to have tremendous ramifications
which although the budget is cut nationwide, she feels it is going to expand down to the
municipal level and cause the City to have daily expenses with reduced income.
13.C.2.
Commissioner Perlman
Mr. Perlman stated last week he had the opportunity to attend the Florida
Redevelopment Association Conference in Miami and he went to a lot of the seminars. Mr.
Perlman stated the three themes were "the need to continue to market your successful
downtown" which also came up at a Chamber retreat that he and the City Manager attended this
morning. Mr. Perlman stated the second theme that came up is" one-way pairs" and if you have
them to eliminate them immediately. The third theme was "the importance of design
guidelines". Mr. Perlman stated the President elect of that statewide organization for next year is
Chris Brown.
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Mr. Perlman stated Boston's Restaurant is going to be celebrating its anniversary
on October 26, 2001 for the benefit of the PBA widow and children's fund and the 911 fund.
Mr. Perlman encouraged everyone to attend and support this event.
Mr. Perlman stated he had the opportunity to have dinner with Senator Nelson on
Sunday and he seemed to be very responsive to the needs of Palm Beach County as a County and
also Delray Beach as a municipality. Mr. Perlman stated if the City Manager feels there is
anything lacking from the Federal Government, Mr. Nelson's office has made it very clear that
his office would be very responsive in terms of informational resources if the City has any
requests.
13.C.3.
Commissioner McCarthy
Ms. McCarthy commented she as well as Commissioner Perlman (so she read)
had the pleasure of attending the Multicultural Festival on the southwest side of town. Ms.
McCarthy stated the festival was well attended and the food was really good. Ms. McCarthy
stated the citizens worked very hard to make this festival a success and feels it was well attended
and well organized.
Ms. McCarthy stated that the Palm Beach County Black Elected Officials are
having their first Gala on Friday, October 26, 2001 at the Four Seasons Hotel in North Palm
Beach. Ms. McCarthy stated this would be a fundraiser for scholarships for additional education
for children who come from the areas that these officials are elected to and encouraged everyone
to attend.
Ms. McCarthy stated she has been receiving telephone calls from some business
owners in Delray who are beginning to feel the impact of the aftermath and slowing down of
business from the September 11th disaster. Ms. McCarthy stated there are entrepreneurs who are
now going to feel the impact as well and people are going to come to another reality. Ms.
McCarthy stated the City needs to stay in touch with the people and be sensitive to all the
business owners throughout the City.
Ms. McCarthy stated she too attended the dinner reception with Senator Nelson.
Ms. McCarthy stated she received a telephone call in her office and the person inquired as to
why Senator Nelson was conducting a Town Hall Meeting in Boca Raton and not in Delray
Beach. Ms. McCarthy suggested that something of this nature be brought before the
Commission and stated citizens may wish for something similar for Delray Beach.
13.C.4.
Commissioner Levinson
Mr. Levinson stated he also attended the Multi-cultural Festival and feels it was a
great festival. Mr. Levinson stated the festival was well attended and the band was very good.
Mr. Levinson inquired about the status of the Parks and Recreation Master Plan.
The City Manager stated he has the draft to review and it should be ready for the next Workshop
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Meeting. Mr. Levinson stated one of things discussed this evening was the land issue and feels
this certainly has a potential play on it.
Mr. Levinson stated he feels the neighborhood presentations this evening were
great and reiterated that perhaps once a month a different neighborhood could attend a City
Commission Meeting and address concerns about their neighborhood. He hopes the
Commission will consider his suggestion.
Mr. Levinson stated there are similar communications on our list and there was
discussion about how to get people knowledgeable about liens, etc. Mr. Levinson stated for a
while there was a wave with solar heaters where people were financing and companies would put
liens on your home. Mr. Levinson stated it does not take too many of these waived lien fees
before we can afford to pay for a neighborhood newsletter in the water bill. Mr. Levinson stated
now that we can see all these things that we are not communicating to our neighbors that there is
some quantifiable measurement or value to those. Mr. Levinson suggested that Nancy King,
Staff Editor, could review how we deal with a renovated neighborhood news effort.
With regard to the City Attorney's memo regarding the Florida Retirement
System, Mr. Levinson stated if he understands it correctly if it is going to be adopted it has to be
done by December 3 1st. Mr. Levinson stated he does not want to see the City loose the date and
suggested that this be placed on the agenda to be approved. Mr. Levinson stated he does not
want to loose the option of getting in.
Mr. Levinson commented on Mr. Hasko's note about Nero's Gap, which is the
facility that Florida Teleport decided to use which was one of the gaps in the reefs. Mr.
Levinson stated there might be more value there then the City thought. He would hope that they
can take advantage of that where people will go to them and hopes the City will continue to
consider marketing with them this fact.
Mr. Levinson inquired about the status of the Ramblin Rose and when this item is
coming back to the Commission. Mr. Levinson stated he understands Gray Line Water Tours is
having some financial difficulties and the boat itself is allegedly having some mechanical and
inspection difficulties. Mr. Levinson feels it is a neat thing to have in Delray Beach and stated if
they are not going to avail themselves with coming back, or there is going to be a gap, or we feel
it is unsafe, then maybe we should look at whether we can terminate that lease. The City
Manager stated there was talk about bringing back the original Ramblin Rose.
Mrs. Archer stated she believes this will be on the agenda for the first regular
meeting in November for discussion. Mrs. Archer stated there are contract issues that need to be
addressed and stated she has been talking with the City Attorney's office about what the City's
opportunities might be.
13.C.5. Mayor Schmidt
Mayor Schmidt stated there is information that has been given to members of the
Treasure Coast Planning Council about population growth projections statewide. Mayor
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Schmidt stated that the current population projection for Palm Beach County for the year 2020 is
a 65% increase. Mayor Schmidt stated he does not know if the study has been broken down into
cities, but he would try to get additional information.
at 9:20 p.m.
There being no further business, Mayor Schmidt declared the meeting adjourned
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 16,
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.
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10/16/01
Schmidt stated that the current population projection for Palm Beach County for the year 2020 is
a 65% increase. Mayor Schmidt stated he does not know if the study has been broken down into
cities, but he would try to get additional information.
There being no further business, Mayor Schmidt declared the meeting adjourned
at 9:20 p.m.
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 16,
_//~~1, whi/~h 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.
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10/16/01