11-20-01November 20, 2001
A Regular Meeting of the City Commission of the City of Delray Beach, Florida
was called to order by Mayor David Schmidt in the Commission Chambers at City Hall at 6:00
p.m., Tuesday, November 20, 2001.
1. Roll call showed:
Present -
Commissioner Patricia Archer
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Commissioner Jeff Perlman
Mayor David Schmidt
Absent -
None
Also present were -
City Manager David T. Harden
Assistant City Manager Robert A. Barcinski
City Attorney Susan A. Ruby
Deputy City Clerk Angela Wong
2_ The opening prayer was delivered by Reverend Matthew 'Bump" Mitchell, Christ
Missionary Baptist Church.
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The Pledge of Allegiance to the flag of the United States of America was given.
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AGENDA APPROVAL.
Mrs. Archer moved to approve the Agenda, 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.
APPROVAL OF MINUTES:
Mayor Schmidt noted a correction to page 27 of the Minutes from the Regular
Meeting of November 6, 2001. Mayor Schmidt stated in the second sentence of the first
paragraph under his comments where it reads "Mayor Schmidt stated at the joint session..." this
should actually read "Mayor Schmidt stated at the kick-off session for the "Relay for Life" event,
he suggested to Ms. McCarthy..." and noted the rest of the paragraph is fine as is.
Mr. Perlman moved to approve the Minutes of the Regular Meeting of November
6, 2001, as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes;
Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote.
Mr. Levinson moved to approve the Minutes of the Special Meeting of November
13, 2001, 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.
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PROCLAMATIONS:
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Recognizing and Commending Leon M. Weekes
Mayor Schmidt recognized and commended Leon M. Weekes for his valuable and
successful efforts to improve the regulatory environment for independent agents by offering
input and guidance to State Legislators and Florida's Congressional Delegation, and call upon all
present to acknowledge the multitudinous contributions he has made to our community. Mr.
Weekes came forward to accept the proclamation and thanked the Commission for this
recognition. In addition, Mr. Weekes recognized his wife Harriett of 51 years.
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PRESENTATIONS:
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Tennis Center Task Team Recommendations
Robert A. Barcinski, Assistant City Manager, introduced Dick Stockton, the new
Director of the Tennis Center.
Dick Stockton, Director of the Tennis Center, stated he is a former professional
tennis player. Mr. Stockton stated he is honored to be the new Tennis Director at the Delray
Beach Tennis Center and feels this is the most notorious public facility in the country. Mr.
Stockton stated he has addressed all the issues that the Delray Tennis Task Force recommended.
Mr. Stockton stated in order to improve the communication between management and members
they are doing this through a monthly calendar, a quarterly newsletter, and members will have
access to information via the Internet as well. Mr. Stockton stated the Advisory Board consists
of eight members representing the entire club and introduced the members who were in
attendance. Mr. Stockton stated there is a Holiday Mystery Mixer Event, which will be held on
Saturday, December 15, 2001.
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History of Community Chat
Cynthia Ridley, Delray Beach community activist, presented Robert A. Barcinski,
Assistant City Manager, with a plaque for his participation and support for Community Chat - A
Walk for Unity 2001.
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CONSENT AGENDA: City Manager Recommends Approval.
8.A. RENEWAL OF LEASE AGREEMENT/POLICE SUBSTATION: Approve
the renewal of a lease agreement between the City and St. Stephen Limited Partnership for a
Police Substation located at 1570 South Federal Highway. The term of the lease is February 10,
2001 through February 10, 2003.
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8.B. AMENDMENT #3 MANAGEMENT AGREEMENT & AMENDMENT #4
LEASE AGREEMENT FOR OLD SCHOOL SQUARE: Approve Amendment #3 to the
Management Agreement and Amendment #4 to the Lease Agreement between the City and Old
School Square. The amendments add the new band shell, restroom and concession building, and
covered walkway to the agreements and set forth maintenance responsibilities and ownership.
8.C. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve fund
subsidy for one (1) eligible applicant/family in the amount of $18,226.00 for 617 SW 5th
Avenue. This represents 131-homeownership assistance under the Renaissance Program.
Funding is available from 118-1924-554-83.01 (SHIP Program).
8.D. DELRAY BEACH HOUSING AUTHORITY: Approve an agreement with the
Delray Beach Housing Authority for funding under the FY 2001-2002 Community Development
Block Grant (CDBG) Program for the installation and upgrade of walkways throughout the
Carver Estates complex and to partner with the City for property acquisition for single family
home development.
8.E. RESOLUTION NO. 69-01: Approve Resolution No. 69-01 assessing costs for
action necessary to abate nuisances on eighteen (18) properties throughout the City.
The caption of Resolution No. 69-01 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;
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. 69-01 is on file in the City Clerk's office.)
g.F.
CHANGE ORDER & FINAL PAYMENT/MOTOROLA (800 MHz RADIO
SYSTEM): Approve an increase to Purchase Order #585952 to Motorola in the amount of
$33,791.93 for the 800 MHz Radio System. Funding is available from 334-6112-519-63.22 (800
MHz Radio System).
8.G. CHANGE ORDER #2 & FINAL PAYMENT/MANCON~ INC. (BARRIER
ISLAND INFRASTRUCTURE IMPROVEMENTS): Approve Change Order #2 to ManCon,
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Inc. in the amount of $70,683.08 and final payment in the amount of $88,973.10 for the
completion of the Barrier Island Infrastructure Improvements. Funding is available from 448-
5461-538-65.42 (Barrier Island Storm Drainage).
g.H.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period of
November 6, 2001 through November 16, 2001.
g.I.
AWARD OF BIDS AND CONTRACTS:
Bid award to Atlantic Painting & Sandblasting in the amount of $42,010
for repainting of the steel surfaces within Treatment Unit No. 4 at the
Water Treatment Plant. Funding is from 442-5178-536-46.90 (W&S
Repair & Replacement).
Bid award to Duval Ford for the purchase of two (2) Ford Crown Victoria
Police Vehicles in the amount of $49,486 under the Florida Sheriff's
Association & Florida Association of Counties Bid Specification #1.
Funding is available from 501-3312-591-64.20 (Vehicle Replacement).
Bid award under the Boca Raton Cooperative bid #2000-08 in the amount
of $144,177 to American LaFrance Medic Master for a replacement
paramedic rescue unit. Funding is available from 501-3312-591-64.20
(Vehicle Replacement).
Purchase award to Kemper Insurance for general liability, auto liability
and public official's liability insurance with policy limits of $1 million
deductible and $5 million excess insurance above the deductible, in the
amount of $78,900 for one year. Funding is available from 551-1575-591-
45.10 (General Liability).
8.J. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT/
NCF&O~ LOCAL 1227: Ratify and approve the Collective Bargaining Agreement between the
City and the National Conference of Firemen and Oilers (NCF&O), Local 1227, effective
October 1, 2001 and continuing in effect through September 30, 2004.
Mr. Perlman moved to approve the Consent Agenda, 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.
At this point, the time being 6:20 p.m., the Commission moved to Item 9.A. of the
Regular Agenda.
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REGULAR AGENDA:
9.A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
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ACTION: Consider an appeal of a decision of the Site Plan Review and Appearance Board's
action regarding the Delray Beach Shopping Center (a.k.a. The Antique Mall) blanket sign
program. Quasi-Judicial Hearing
Brian Shutt, Assistant City Attorney, asked the Commission to disclose any ex
parte contacts. No ex parte contacts were noted.
The Assistant City Attorney stated this item would be conducted as a quasi-
judicial hearing, which allows for presentations, by all involved parties, the admission of
documents into the record and public testimony.
Angela Wong, Deputy City Clerk, swore in those individuals who wished to give
testimony on this item.
George Diaz, Deputy Building Official, stated this is before the Commission to
consider an appeal of a decision made by the Site Plan Review and Appearance Board (SPRAB)
for the flat wall signs at the Delray Shopping Center. The owner of the "Antique Mall" store is
requesting the Commission to consider amending SPRAB's decision to limit the size of the
letters on his bay from 30 inches to 24 inches. The Delray Shopping Center is located on the
southwest corner of North Federal Highway and N.E. 14th Street (1350 N. Federal Highway).
At the October 17th meeting, SPRAB's decision at that time was to limit the size
of the tenant letter size from 24 inches to 18 inches. Mr. Diaz stated at that time the applicant
requested that they be provided with 30-inch letters for their bay. Mr. Diaz stated the bay in
question has a 133 feet of lineal footage with a fascia height of 5' 9". The proposed sign is for a
total of 142.5 square foot sign (3 feet x 57 feet).
At this point, Mr. Diaz entered the file into the record.
Anton Rechner~
record he would like to make a
the sign is only a 30-inch sign x
two colored photos showing the
applicant and co-owner of the Antique Mall~ stated for the
correction to a comment expressed by Mr. Diaz and stated that
57 feet, not 3 feet x 57 feet. Mr. Rechner entered into the record
exact proportion of the sign and the facade.
Ro~er Decapito~ Vice-Chairman of SPRAB~ stated he received a telephone call
to attend the meeting this evening and be on standby to answer any questions.
Mr. Perlman stated in the agenda backup it states "The Board has been very
consistent in limiting the letter size for strip shopping centers to 24 inches." Mr. Decapito stated
the applicant would get more than full impact with 24 inches and feels 30 inches is a little
excessive. Mr. Decapito stated it is not aesthetically pleasing and the letter is a thin plastic letter
and SPRAB thought it would look too boxy with 30-inch letters across the fascia. Mr. Perlman
inquired if SPRAB takes into consideration the height and width of the facades when making
those decisions? In response, Mr. Decapito stated he does not recall addressing a 30-inch letter
recently.
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Discussion followed between the Assistant City Attorney and Mr. Perlman.
Mr. Perlman asked if staff has a formal recommendation? In response, Mr. Diaz
stated this is at the discretion of the Commission and explained that it is not a Code requirement
that the letters be 24 or 30 inches.
Mrs. Archer commented that the agenda backup indicates that the remaining
tenants are going to have illuminated channel letters of 24 inches high. Mr. Diaz stated the
illuminated channel letters would be 18 inches high. Mrs. Archer asked if the Commission
approves this sign at 30 inches, would that mean that these tenants could also request to have a
larger sign? In response, Mr. Diaz stated because the owner is making the request and he has to
disapprove or approve the signage on his building, they would have to go through the SPRAB
process to get anything rectified or changed.
Mrs. Archer asked if there is a reason the applicant is requesting 30 inches instead
of 24 inches when the sign is clearly visible? In response, Mr. Rechner stated it is clearly visible,
however, he feels it is better proportioned and balanced with the larger sign. Overall, Mr.
Rechner stated the sign is aesthetically proportioned.
Mr. Levinson inquired about the sign ordinance rewrite? In response, the City
Manager stated this should be finished around the 1st of the year.
At this point, Mr. Shutt asked if the applicant has any questions based upon what
Mr. Diaz has said.
Phyllis Alexander~ the applicant's partner~ stated she started this approximately
a year ago for the City and asked the Commission to tell her what color and what size the sign
should be and she will comply. Mrs. Alexander stated she was informed by SPRAB that the
color yellow and 30 inches was sufficient. Mrs. Alexander commented that many buildings
throughout the City have been approved recently for signs larger than 30 inches.
Mr. Diaz stated he was not involved with the conversations that Ms. Alexander is
talking about. Mr. Diaz stated that City staff always informs the applicants about the Code.
Furthermore, Mr. Diaz stated if the City is going to establish a blanket program for a location,
staff also informs the applicant that it is the discretion of SPRAB to make the decision on size,
aesthetics, etc.
The applicant presented his closing argument.
Mr. Rechner commented that he feels there is a double standard with regard to
signs and stated certain buildings are allowed to have 30 inches while others are not. However,
when someone has to go through the blanket sign process, it becomes a different set of standards.
Mr. Rechner suggested that the City have one standard written in the Code that applies to
everyone.
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There being no one else who, having been duly sworn, wished to address the
Commission, the public hearing was closed.
Mr. Perlman moved to deny the appeal, seconded by Mrs. Archer. 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 to deny the appeal passed with a 5
to 0 vote.
9.B. WAIVER REQUEST/USE OF LOTS OF RECORD: Consider a waiver request
to LDR Section 4.1.4(C), which requires the combination of adjoining lots of record which do
not individually meet minimum lot requirements for Lot 20, Subdivision of Block 65, Town of
Delray, located on the west side of NE 1st Avenue, approximately 282 feet south of NE 4th Street.
Quasi-Judicial Hearing
Brian Shutt, Assistant City Attorney, asked the Commission to disclose any ex
parte contacts. No ex parte contacts were noted.
The Assistant City Attorney stated this item would be conducted as a quasi-
judicial hearing, which allows for presentations, by all involved parties, the admission of
documents into the record and public testimony.
Angela Wong, Deputy City Clerk, swore in those individuals who wished to give
testimony on this item.
Jeff Costello, Principal Planner, entered into the record the Planning and Zoning
Department's project file #2001-270.
Mr. Costello stated the request is for a waiver from LDR Section 4.1.4(C),
regarding lots of record. The property is located on the west side of N.E. lst Avenue. The
applicant is requesting a waiver in conjunction with a development proposal to convert the
existing single-family house on Lot 20 to an office. According to the Palm Beach County
Property Appraiser's records, Mr. Theodore S. Forman purchased the subject property in July
2001 along with the adjoining Lot 19 from Mr. Henry D. Freeman.
At its meeting of November 7, 2001, the Historic Preservation Board voted 5-1 to
recommend approval of the waiver request based upon positive findings with LDR Section
2.4.7(B)(5).
Jos6 Aguila~ representing Theodore S. Foreman (property owner)~ stated that
HPB stated this is consistent and the property owner did purchase both lots and sold one off. Mr.
Aguila stated the property owner was not aware that selling the second lot would make the other
one non-conforming until it was too late. Mr. Aguila stated the property owner would like to use
this for a law firm and urged the Commission to concur with HPB and waive the lot requirement.
Brian Shutt, Assistant City Attorney, politely asked that if anyone from the public
would like to speak on this item to please come forward at this time. There being no one from
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the public who wished to address the Commission at this time, the public hearing was closed.
The following discussion followed between staff and the Commission.
Mr. Perlman asked if the recommendation is at the discretion of the Commission?
In response, Mr. Costello stated staff had some concerns with the proposal. There was a
deficiency in parking and the in-lieu parking fee option was being considered. In reviewing the
plans today, Mr. Costello stated that it appears that the parking requirement is met.
Mrs. Archer asked if all of the lots are non-conforming? In response, Mr. Costello
stated that the lots are non-conforming. Mrs. Archer asked if there are any other lots where this
could occur? Mr. Costello stated this situation is a little different in that this is the Old School
Square Historic District. Mr. Costello stated there are other areas that are in a historic district
that are zoned residential but there are similar situations. Mrs. Archer expressed concern over
opening this up to any individual that owns two lots to be able to sell off their other lot? In
response, Mr. Costello stated it is a difficult situation based upon the way the Code is written.
Mr. Costello stated unless the City obtains a Unity of Title for each piece of property, there is a
chance this could happen again.
Ms. McCarthy inquired as to whether this is being treated differently because it is
in the OSSHAD District? In response, Mr. Costello stated there have not been many situations
outside of a historic district where this has come through. However, Mr. Costello stated there
have been proposals to subdivide property and have non-conforming lots reducing the lot sizes
and these were not successful. Ms. McCarthy stated she recalls in the LDR's that if the block in
the neighborhood historically had 50-foot frontage and it was repeated and does not negatively
impact the neighborhood that we have allowed other structures such as houses to be built. Mr.
Costello stated this has been based on the predominant development pattern in the neighborhood.
Mrs. Archer moved to approve the waiver request to LDR Section 4.1.4(C),
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman -
No; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said
motion to approve the waiver passed with a 4 to 1 vote.
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GRANT APPLICATION FOR EMERGENCY MANAGEMENT~
PREPAREDNESS & ASSISTANCE COMPETITIVE GRANT: Consider authorization for
the Mayor to execute a grant application document for a $300,000 Emergency Management,
Preparedness & Assistance Competitive Grant. The grant would achieve compliance with
American Red Cross requirements for a hurricane shelter at the City's Community Center.
Dick Hasko, Director of Environmental Services, stated this is essentially a
request for authorization for the Mayor to execute the appropriate documentation to apply for a
grant. Mr. Hasko stated in March 2001, the City had a consulting engineer take a look at both
the Community Center facility and the Pompey Park facility to see if it would be cost effective to
convert one or both of those facilities structurally to conform with American Red Cross (ARC)
Standards for hurricane shelters. Mr. Hasko stated the City does not have the ability to do
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Pompey Park cost effectively. This would involve replacing the entire roof system because what
is there now does not meet ARC Standards. The consultant stated that the Community Center
does have potential. Mr. Hasko stated the completion of the project will provide a total
additional shelter space for 835 people and the estimated project budget is $521,725. Mr. Hasko
stated the City previously budgeted a $50,000 match in current year capital funding for this
project. The maximum award under this program is $300,000 so the City will have to increase
matching funding to provide the difference in construction costs. Since funds awarded through
this program will not be available before July 1, 2002, the City has the opportunity to program
the additional requirement of $172,000 in the fiscal year 2002/2003 capital budget.
Discussion between staff and the Commission followed.
Mayor Schmidt asked if Mr. Hasko was able to obtain a cost estimate from the
engineer what it would cost to do Pompey Park instead of the Community Center? In response,
Mr. Hasko stated the engineer did not give the City an estimated cost but basically implied that it
would not be cost effective because it would be so expensive. Mr. Hasko stated there was some
concern with the gymnasium at the Community Center because of the span. Mr. Hasko stated
that there are different structural concerns as there are out at Pompey Park which is more of a flat
metal truss roof.
Mr. Perlman commented about the funds not being available before July 1, 2002
and inquired about the timetable. Mr. Hasko stated he would be happy to provide the
Commission with a timetable, and stated the application deadline is February 14, 2002.
Mr. Levinson asked how many facilities in Delray Beach is currently American
Red Cross approved? Mr. Hasko stated that there are currently no facilities in Delray that are
American Red Cross approved. Mrs. Archer commented that if the City does indeed build a new
high school she would like to see the City work out with the School Board to make that a
hurricane shelter. The City Manager commented that all new schools are required to be
American Red Cross approved for hurricane shelters.
Mr. Perlman moved to approve the grant application, 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.
9.D. INNER CIRCLE GOLF CLUB REQUEST FOR BLOCK TEE TIMES:
Consider a request by members of the Inner Circle Golf Club to change the City's policy and
allow block tee times for this group at the Municipal Golf Course.
Robert A. Barcinski, Assistant City Manager, stated this is a request to authorize
block tee times for the Inner Circle Golf Club. Mr. Barcinski stated at the Commission Meeting
of November 6th, the Inner Circle requested to change the City's policy and allow block tee times
for this group on Monday's and Friday's. They requested (7) morning tee times in the winter,
four (4) morning tee times in the spring and fall and two (2) morning tee times in the summer.
Due to concerns that this could set a precedent with other groups, Mr. Barcinski stated staff
recommends denial of this request.
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Mayor Schmidt stated that at the last Commission Meeting, he believes it was Mr.
William M. Chwalik who stated that he thought that two or three more times could be set aside
for walkers and that this would cover their use plus the other walkers. Mayor Schmidt stated his
comment was that seemed to be a reasonable way to deal with this as opposed to giving a group
preference to make sure that there were enough times.
Mary Beth Birsk¥~ General Manager of the Municipal Golf Course~ stated
they have looked at the possibility of extending walking times. However, Ms. Birsky stated it is
a little more complicated than simply just adding two times. The way it is set up now, the
walkers go off the back nine which allows them to operate the front nine of the course with
eighteen hole players who are riding. Ms. Birsky stated if the walking time is extended, it will
affect the cost in revenue and would also make a boggle at the tee. Ms. Birsky explained in golf
it takes approximately 1 lA -2 hours of play for the front nine people to make the turn and go to
the back nine. Ms. Birsky stated they do have afternoon walking times as well starting from 2:35
p.m. in the afternoon on.
Mr. Levinson asked what some of the other clubs are doing? In response, Ms.
Birsky stated with regard to Southwinds, which is a County operated facility in Boca, they do not
have any block tee times except for their Ladies Golf Association (LGA) and the Men's Golf
Association (MGA), as like Delray Beach does. Ms. Birsky stated she also contacted Boynton
Municipal Golf Course and Boca Municipal Golf Course and they do not have any block tee
times as well.
Mayor Schmidt inquired when the walking starts? In response, Ms. Birsky stated
they currently go from 6:53 a.m. to 8:03 a.m. and commented that there are eleven periods of
walking time. Ms. Birsky stated currently there are eleven slots for people to golf before the
deadline and if they grant the seven tee times requested, this only allows four for the general
public which includes residents and permit holders. Mayor Schmidt asked what the time is
between tee times? In response, Ms. Birsky stated the time between tee times is seven minutes.
Mayor Schmidt commented that walkers should be faster than people riding in
carts. Mayor Schmidt asked if Ms. Birsky has thought of reducing the time between tee times to
six minutes? Ms. Erickson stated that six minutes would be placing a crunch on the time between
tee times.
Ms. McCarthy stated that when Mr. Chwalik and Mr. Coman of the Inner Circle
Golf Club were present at the Commission Meeting of November 6th, one of things they stated as
to why they were requesting this was because they were being challenged getting the time slots
and to call in for them and asked if there is a particular reason as to why they would be having
more difficulty getting the times through the phone system than anyone else? In response, Ms.
Birsky stated the problem is many people want to play at the Delray Beach Municipal Golf
Course because it is a beautiful design. Ms. Birsky explained that the issue is not so much that
people cannot get tee times to play on the course, but it is a battle to get the times that everyone
wants to play at the time that they want to play. Ms. Birsky stated everyone has to call in order
to keep it fair. The golf course starts taking tee times at 6:30 a.m. Ms. Birsky stated they have
made some improvements at the golf course by installing a new phone system and now they can
take in more calls more quickly.
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Mr. Levinson stated since the golf course has blocked those times for walkers
from 6:53 a.m. to 8:03 a.m., he suggested moving the call in time for the 18-holes back so that
the walkers are not competing on the call in system.
Sandra Erikssom Director of Golf~ stated it is not as though they are competing
for the same times because they call at 11:00 for 9-hole times. The population group only
expands in the months of January, February, and March where everyone is competing for a time
and feels most people are experiencing not being able to play at consecutive times. Ms. Eriksson
stated they are trying to appease the population that they deal with and commented that they do
over 80,000 rounds a year. Ms. Eriksson feels it is a benchmark facility for the country and
Delray Beach.
Ms. McCarthy asked if there are any other groups who are making similar
requests? In response, Ms. Eriksson stated the are approximately 7-8 groups and experimented
with trying to have blocked tee times but a population group complained of unequal treatment.
Ms. Eriksson feels to establish block tee times would only set a dangerous precedence. Ms.
McCarthy asked Ms. Eriksson if she is aware if there has ever been a day where they requested
time that they were not able to get time? In response, Ms. Eriksson stated this has happened once
in a while.
Ms. Birsky stated in honor of the Inner Circle Golf Club and their fifty years, the
golf course has already tried to make some provisions for them. Ms. Birsky stated there are ten
times a year where the golf course grants the Inner Circle Golf Club to have their time together
by giving them a breakfast after they play golf. Ms. McCarthy asked if this could be done twelve
times a year instead of ten times a year? Ms. Birsky stated if the Commission wishes to do so,
then this could be worked out.
Robert Holstom 1070 S.W. 22nd Avenue~ stated he has been a member of the
Inner Circle Golf Club for approximately three years. Mr. Holston stated in order to get a tee
time someone in his foursome must call after 11:00 four days in advance. Mr. Holston stated if
they had set block tee times the tournament director can set up the tournament and can give the
foursomes the Inner Circle Golf Club would be playing. He feels this would save the golf course
personnel time that the Inner Circle Golf Club would have to make individually. He stated most
people know that Mondays and Fridays are very busy for walkers.
Mr. Perlman stated Vice-Mayor McCarthy had a good suggestion and feels the
direction should be to work it out.
Mayor Schmidt the Inner Circle Golf Club needs some direction whether the
Commission wants to make a policy to set aside block tee times.
Mrs. Archer agrees with Commissioner McCarthy and stated since the Inner
Circle Golf Club currently has the opportunity to play together ten times a year, and if they
decided to work it out to twelve times a year, then they would be playing together at least once a
month. Therefore, Mrs. Archer feels this would certainly be more than reasonable.
Mrs. Archer moved to deny the request by members of the Inner Circle Golf Club
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to change the City' s policy and allow block tee times at the Municipal Golf Course, seconded by
Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion to
deny the request passed with a 5 to 0 vote.
At this point, the time being 7:12 p.m., the Commission moved to the duly
advertised Public Hearings portion of the agenda.
10.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 54-01 (SECOND READING/SECOND 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 a 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. Prior to consideration of passage of
this ordinance on Second and FINAL Reading, a second 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 THE CODE
OF ORDINANCES, BY AMENDING CHAPTER FOUR,
"ZONING REGULATIONS", SECTION 4.4.13, "CENTRAL
BUS1NESS (CBD) DISTRICT", SUBSECTION (D),
"CONDITIONAL USES AND STRUCTURES ALLOWED",
PARAGRAPH (15); AND SUB SECTION (I),
"PERFORMANCE STANDARDS", PARAGRAPH (1), TO
CLARIFY WHERE RESIDENTIAL DEVELOPMENT
EXCEEDING THIRTY UNITS PER ACRE IS ALLOWED AS
A CONDITIONAL USE; AND BY AMENDING SECTION
4.4.28, "CENTRAL BUSINESS DISTRICT-RAILROAD
CORRIDOR (CBD-RC) DISTRICT, SUBSECTION (D),
"CONDITIONAL USES AND STRUCTURES ALLOWED",
BY ENACTING A NEW PARAGRAPH (5), TO ALLOW
MULTI-FAMILY DWELLING UNITS AT A DENSITY
GREATER THAN THIRTY UNITS PER ACRE AS A
CONDITIONAL USE WEST OF THE FEC RAILROAD
BETWEEN N.E. 2ND STREET AND N.E. 3RD STREET;
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.)
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The Assistant 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.
Jeff Costello, Principal Planner, gave a brief presentation regarding the
background of this project and stated he is available to answer any questions.
Mayor Schmidt declared the Public Hearing open.
Sarah Greeley, speakin~ on behalf of the Del-Ida Park Neighborhood
Association, stated those who have observed Delray Beach over time and who care very much
about the future of this special city have walked to City Hall tonight carrying signs expressing
their concerns and their fears. Ms. Greeley stated phrases like "R.I.P. Village By the Sea",
"Delray Beach Concrete Canyon Country", and "Pack 'em in stack 'em high; no not pancakes
it's the new Delray Beach" were words brought into the building on cardboard and wood. Ms.
Greeley stated it is never too late to reexamine policies and ordinances, hold Workshops and
discussions with neighborhood organizations and officials to try and make sense of the current
density policies. Ms. Greeley stated she has been told that the issue of density was never raised
in the Visions Workshops. Ms. Greeley suggested that the City freeze the existing density
ordinances until we know what we know what we want; and, what our streets, infrastructure, and
ourselves will tolerate.
Deborah Bennett, 137 Seabreeze Avenue, spoke about the supply and demand
and stated there is a great demand to live in Delray because of the low density.
Henry Williams, 310 N.W. 3ra Avenue, commented that he noticed the shrubs at
the tennis courts have been cut down and stated it looks great. Mr. Williams stated there has
been concern expressed over the request of clay courts and commented that he noticed all the
courts are being constructed as hard courts.
Secondly, Mr. Williams expressed concern over the density and feels there needs
to be a cap placed on density.
Jean Beer, 2145 S.W. 26th Terrace, expressed concern over the density and she
too feels there should be a cap placed on density. Ms. Beer stated when the City first had
unlimited density it was only one block north and south of Atlantic and stated it was not going to
be anywhere else and it was not going to change the quality of life in the City. Ms. Beer stated
now it is being pushed into Pineapple Grove and feels that it will eventually be pushed on the
south side. Ms. Beer suggested that the City cut back the tiers on the density and urged the City
to set standards and not change them.
John Bennett, 137 Seabreeze Avenue, stated that he previously suggested that
there be a cap placed on density and feels the Commission is making a mistake by not doing this.
Aldo Conigliaro, President of Pineapple Grove, stated he agrees that he does
not want to build incredible density and stated the developers, people of Pineapple Grove, and
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the architectural committee has voiced their opinion on this. Mr. Conigliaro stated we are here
this evening to allow them to speak and hear what they want to build and feels everyone is
jumping the gun. In another sense, Mr. Conigliaro does not want to loose what Delray has done
in the past. Mr. Conigliaro displayed a poster of what Pineapple Grove looked like in the past
and what it looks like now. Mr. Conigliaro stated there are many industrial people who would
love to bring in big tractor-trailers to this community and stated they want to bring people to the
town and not trailers. Mr. Conigliaro is in full favor of this and urged the Commission to come
up with a compromise.
Rosetta Rolle, 301 N.W. 3ra Avenue, stated she spoke to the Commissioners
when they were on their campaign trail for election and one of the things that she discussed was
density. Ms. Rolle stated she has lived here since 1947 and has seen the City grow in an orderly
fashion. However, Ms. Rolle feels the City is going a little over board and stated she does not
want a lot of density. She urged the Commission to stop and think about how this will affect the
City' s future.
Paul Slatterv, Slatterv & Associates (architect for the proiect), stated they
have had the opportunity to finalize the site plans and stated they have come up with fewer than
50 units per acre. Mr. Slattery stated he plans to set up preliminary meetings with the CRA, City
staff, and Pineapple Grove and start to review the preliminary plans prior to making a formal
application.
John Corbett, Attorney with Corbett & White and representing the
applicant, stated this is not before the Commission to approve a specific project but rather is to
approve a text change, which allows the applicant to come back to the Commission with a
specific apartment project. Mr. Corbett explained that the performance standards and the
Pineapple Grove Design Guidelines would govern the conditional use approval and gives the
City ultimate control over the density, intensity, and scale of the project. Mr. Corbett stated at
the last Commission meeting he distributed a Kimley-Horn traffic analysis and this traffic
analysis indicated that residential development generates fewer trips than office development or
the existing retail development generates with the property. Mr. Corbett explained that this
means that a project built under this proposed code change would result in less traffic than any
other use that is likely to occur under the existing Codes. Also, Mr. Corbett stated there appears
to be concern about high rise buildings and a canyon affect. Mr. Corbett stated there is no height
increase authorized by this proposed text change. The height limitations contained in the City's
Code are going to be what governs the development of this site. Mr. Corbett stated the applicant
is requesting to bring an apartment complex before the Commission for their review and then the
conditional use process can be used as it is intended. At that point, the Commission can review
any density increase against the performance standards and the Pineapple Grove Design
Guidelines. Mr. Corbett stated if the Commission agrees with the Pineapple Grove Main Street,
the CRA, and the DDA that an apartment project is desirable at this location, he urged the
Commission to adopt the Code change and give them the opportunity to bring this before the
Commission.
Francisco Perez-Azua, 330 N.W. 16th Street, stated his business resides in
Pineapple Grove Way and he walks this area frequently. Mr. Perez stated the citizens developed
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the Pineapple Grove Master Plan and it came to reality. Mr. Perez-Azua stated the neighborhood
worked extremely hard to get the street so beautiful and feels the proposed development is what
the neighborhood needs.
With regard to the density, Mr. Perez-Azua stated there are plenty of systems in
place that will keep the development to the scale, taste and the flavor of what it needs to be. Mr.
Perez-Azua stated density is just a number and what are important are the design, quality, scale,
and massing.
Diane Dominguez~ CRA Director~ stated she had the opportunity to review a
few preliminary plans today and the density is less than half what was proposed for Worthing
Place. This is a much smaller project and they are looking at massing the building in the middle
with the ends of the blocks having lesser height and feels a nice design will come out of this.
Furthermore, Ms. Dominguez emphasized how important it is to have residential housing in the
downtown.
There being no one else from the public who wished to address the Commission
on Ordinance No. 54-01, the public hearing was closed.
Prior to the vote, the following discussion by the Commission followed.
Mr. Perlman stated he really feels there is a dangerous misconception in Delray
that the downtown is done. Mr. Perlman stated the truth is far from being done and feels the City
has made a substantial investment in trying to create a viable downtown. Furthermore, Mr.
Perlman stated that investment has paid major dividends both in terms of the tax base, property
values, and the quality of life.
Mayor Schmidt stated someone stated that the residents have never supported
increased density and residential development downtown. Mayor Schmidt stated the Visions
2000 statement states "we need residential development downtown". He stated this is something
that the City has been working on for over ten years. Mayor Schmidt commented that the
developer will be scrutinized by staff and the Commission and feels we will eventually see a
quality project on this site.
Ms. McCarthy stated one of the things the Commission has encouraged people to
do when they come into our town or want to establish something in the town, the developer
mentioned the organizations but did not mention the people. Ms. McCarthy stated when abutting
another society, many times we ask if you would take the time to at least ask them if you could
do a presentation with them so that they could be better aware and informed. Ms. McCarthy
stated the Commission is very sensitive to the increased density and although this is in the City' s
Vision Plan, the impact and the reality of it happening so quickly causes people to go into a
culture shock. Ms. McCarthy stated the Commission is going to have a lot of input into this on
how it's going to happen and encouraged everyone to keep the communication going.
Mr. Levinson stated he is getting tired of being called "anti-patriotic", "anti-
veteran", and "anti-committed to our community". Mr. Levinson stated he has lived here longer
than many others and because of that he is just as concerned about this in terms of getting a good
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quality project. Mr. Levinson stated he continues to support these kinds of opportunities for our
community.
Mr. Levinson moved to adopt Ordinance No. 54-01 on Second and FINAL
Reading based upon positive findings and recommendations of the Planning and Zoning Board,
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 - Yes. Said
motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 11, Comments and Inquiries on
Non-Agenda Items.
ll.A.
City Manager's response to prior public comments and inquiries.
With regard to a prior concern expressed about the Linton Boulevard lane
closures, the City Manager stated the City is coordinating the best they can with FDOT during
the course of the 1-95 construction. However, the City Manager stated the City has very little
control over such issues as lane closures. The City Manager stated these decisions involve
construction methods and sequences as well as safety and maintenance of traffic requirements.
The City Manager stated the current construction along 1-95 through Delray Beach is a major
effort and temporary concessions must be made to accommodate the project.
With regard to a concern expressed about the sandbags at the Linton Boulevard
Bridge, the City Manager stated staff looked for the bags and did not find them. The City
Manager stated apparently the sandbags were removed and the weeds in the median were also
taken care of as well.
With regard to Mr. Thayer's concern expressed about Veteran's Day and the
number of holidays the City has, the City Manager stated approximately 20 cities, counties, and
other public agencies were surveyed. The City Manager stated the City of Delray Beach has 11
holidays and the number of holidays that different agencies have ranges from 8-13 lA with the
majority having 11. The City Manager stated most of the others do take Veteran's Day off but
they do not take some other days. For example, the City of Boynton Beach does not have a
personal holiday so the City Manager feels the City of Delray is right in the ballpark with giving
its employees 11 days off. The City Manager stated if the Commission wished to do so, they can
make adjustments. However, the City Manager stated 11 is not an unreasonable number and
feels this is comparable to what most of the cities in this area have.
11.B. From the Public.
ll.B.1. Scott Schley~ Commander of American Legion Post #65 Delray Beach~ stated
there was a "sock hop" at the VFW 4141 and observed the Sopra Restaurant parking attendants
using the City parking lot to valet park cars. He feels a Police Officer should be there to help
control where the cars are going to be parked. Mr. Schley suggested that the City either has
someone there to watch where the valet attendants are parking the cars, or have the stand moved
somewhere else. Mayor Schmidt stated that staff would follow up on this matter.
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Mr. Schley commented that Mr. Levinson is indeed patriotic and thanked the
Commission for coming out on Veteran's Day.
ll.B.2. Glen Weiss, Director of the Pineapple Grove Art Walk, stated they are trying
to find ways of making Pineapple Grove a daily active place. Mr. Weiss stated today they
installed a full life size bed in front of Creations in addition to a cast iron motorcycle. Mr. Weiss
stated they have moved two other works and are expecting some more artwork within the week.
Mr. Weiss invited everyone to attend the first walk through and tour on December 5, 2001, at
12:00 noon and everyone will meet at the Pineapple Grove arch. Mr. Weiss thanked the
Commission and commented that he will soon be a resident of Delray Beach.
ll.B.3. Jean Beer, 2145 S.W. 26th Terrace, expressed concern over the house located on
S.W. l0th Street on the left side of the street across from the market and stated this is a junkyard.
Ms. Beer stated she has spoke to the Code Enforcement Division. Ms. Beer reported that there
are approximately 6-8 cars on the property, a fence and everything that one can possibly think of
is stacked inside the fence. Ms. Beer stated cars are being sold on the lot next to this property
and watermelons are being sold out of trucks in the backyard. Ms. Beer stated she called Code
Enforcement and they reported to her that there was a gentleman whose brother was living there
who collects bicycle carts. Ms. Beer stated that many property owners along S.W. l0th Street are
trying to fix up their properties and feels most of them have made an enormous effort to make
their properties look very nice. Ms. Beer stated this particular property she is complaining about
looks like a junkyard and feels this is unfair to the rest of the people in the neighborhood.
ll.B.4. Henry Williams, 310 N.W. 3ra Avenue, thanked the City Manager for his letter
and for addressing safety concerns with regard to Lake Ida Road since he often travels via this
road.
Mr. Williams commented that because the Commission is in a high position, it
does not mean that they know everything.
ll.B.5. John Bennett, 137 Seabreeze Avenue, stated several years ago he observed a
house that was mostly torn down except for the garage. He wondered why this house was torn
down and stated he was told that by leaving the garage this could reduce the impact fees if one
was to remodel it. With regard to a house located at the west end of Vista Del Mar Drive at the
Intracoastal where the house that use to be there has been demolished all but a fireplace, Mr.
Bennett asked if the existence of the fireplace sufficient to call this whatever the brand new
multi million dollar mansion on the Intracoastal is going to be a remodeling and avoiding some
impact fees?
ll.B.6. Alice Finst, 707 Place Tavant, stated tonight was like ddjh vu all over again with
Mayor Leon M. Weekes. Ms. Finst stated the City has come full circle and feels the City will
soon be all built out. She feels soon the City will not have any contractors or builders but stated
the golfers will be here forever.
At this point, the Commission moved to Item 9.E. of the Regular Agenda.
0oEo
AMENDMENT NO. 1 LUXURY LIMOUSINE SERVICE, INC. Consider
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approval of Amendment No. 1 to the agreement between the City and Luxury Limousine
Service, Inc., in the amount of $6,014.25 for bus transportation service for the Parks &
Recreation Department. Funding is available from 001-4106-572-34.90 (Other Contractual
Services).
Richard Connell, Assistant Director of Parks & Recreation, reviewed the
following amendments to Luxury Limousine Service bus contract:
(1) Overtime rate will be a maximum of 12 hours per day as opposed to the present
maximum of 10.5 hours per day. This will insure Rocks football trips will not incur an overtime
rate of $75 per hour.
(2) Luxury Limousine Service has agreed to split the round trip travel time cost of
$121.50; they will pay $60.75 and the City will pay $60.75. This will result in savings of
$6,014.25.
(3) With 24-hour notice, if the City requests a smaller bus than a 59 passenger bus, no
travel time cost will be charged for a savings of $60.75.
Mr. Connell stated staff is requesting an additional $6,014.25 to cover the costs
that were not anticipated when the contract was signed.
Mrs. Archer asked what the original contract amount was approved for, whether it
was bid, and if there was a way that this could have been avoided?
Rodger Ribeiro, Recreation Superintendent/Parks & Recreation, stated the
original contract was bid. Mr. Ribeiro stated the prior company did not require the travel time
and explained that staff did not anticipate the additional $6,014.25 and consequently did not
budget for it. Furthermore, Mr. Ribeiro stated they renegotiated for a lesser fee under the
circumstances.
Ms. McCarthy asked if the City had agreed to the additional amount of $6,014.25
in the contract, would Luxury Limousine Services, Inc. still be the lowest bid?
Mr. Ribeiro stated the three companies that bid on this contract were 1) Quality
Transportation Services - $105,800 2) Luxury Limousine Service, Inc. (second lowest bidder) -
$128,547 and 3) Corporate Connections - $137,540. Mr. Ribeiro stated if $6,014.25 was not
included in the original bid for Luxury Limousine Service, Inc., they would still be the lowest
bidder at $134,561.
Mr. Ribeiro stated although Quality Transportation Services was originally the
lowest bid, the reason they were not selected was because they did not meet the general
specifications that were required. Mr. Ribeiro stated the City requires 59 passenger buses
because there are 55 children at each camp with four Recreation Leaders.
Mr. Perlman moved to approve Amendment No. 1 to the agreement between the
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City and Luxury Limousine Service, Inc. in the amount of $6,041.25 for bus transportation
service for the Parks and Recreation Department, 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.
12.
FIRST READINGS:
12.A. ORDINANCE 59-01: An ordinance amending the Land Development
Regulations Section 2.4.4(F) (Extensions) adding paragraph (4) regarding litigation, which
prevents construction. If passed, a public hearing will be scheduled for December 4, 2001.
The City Manager presented Ordinance No. 59-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING ARTICLE 2.4., "GENERAL
PROCEDURES", SECTION 2.4.4, "GENERAL PROCEDURES
PERTAINING TO APPROVAL OF LAND USE AND
DEVELOPMENT APPLICATIONS", SUB SECTION (F),
"EXTENSIONS", BY ENACTING A NEW PARAGRAPH (4),
"LITIGATION PREVENTING CONSTRUCTION", TO
PROVIDE GUIDELINES FOR EXTENSIONS WHEN
LITIGATION IS FILED TO PREVENT CONSTRUCTION;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 59-01 is on file in the City Clerk's office.)
Brian Shutt, Assistant City Attorney read the caption of the ordinance.
Jeff Costello, Principal Planner, stated this text amendment has been initiated to
address situations where litigation prevents construction from commencing on an approved
project. The language has been modified to address the comments made by the Commission at
the November 13th Workshop Meeting.
At their meeting of November 19, 2001, the Planning and Zoning Board
unanimously recommended approval (5-0).
Mr. Perlman moved to approve Ordinance No. 59-01 on FIRST Reading,
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.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager.
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With regard to Mr. Perlman's concern about the request from people of High
Point Sections 6 & 7, and the possibility of installing a traffic light on Barwick Road near the
intersection at N.W. 3rd Street, the City Manager stated the City looked into this matter a few
years ago, however, the City Manager stated it was not warranted at that time. The City
Manager stated the City will conduct traffic counts and will look into this matter again.
Secondly, the City Manager stated as of today, the City received a letter from the
Department of Health permitting the City's acquifer storage and recovery well to start taking
water out of it and start putting it into the City's distribution system.
The City Manager stated he is pleased that the City has been invited to present a
paper at the "Making Cities Livable Conference" on March 4-8, 2002 in Carmel, California.
The City Manager stated he appreciates the support of the Commission on not
obtaining blocked tee times. He stated the City has had this policy for ten years and feels it has
worked well.
13.B. City Attorney.
Brian Shutt, Assistant City Attorney, stated that the City Attorney requested that
he address the issue of the Ramblin' Rose. Mr. Shutt stated he is not sure whether the
Commission has any specific direction at this time or whether they would like to wait until the
City Attorney's office has received written notification from Mr. Steve D. Peper, President of
Gray Line Water Tours.
Mr. Levinson commented that he spoke to the City Attorney and she mentioned
that there was a revision where apparently there was an assignment made but the assignment
reverts to the original individual. Mr. Shutt stated it goes back to Mr. Dane Mark, Captain of the
Ramblin' Rose Riverboat, Inc. However, Mr. Shutt stated the license can only revert to him with
the approval of this Commission.
Brief discussion followed between Mr. Shutt and the Commission regarding the
future plans of a potential new vendor.
13.C.
13.C.1.
City Commission.
Commissioner Archer
Mrs. Archer concurs with Ms. Beer's concerns regarding the property located on
S.W. l0th Street and stated she too has driven by it and feels the property is a mess.
Secondly, Mrs. Archer stated in Bucks County, Pennsylvania the taxes and the
fees have gone so high on building new properties, they went out into farmland to find fireplaces
that were still in tact. Mrs. Archer stated if the fireplace were at least three feet high they could
build new property around the existing fireplace and save approximately $20,000-30,000 worth
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of impact fees.
Mrs. Archer stated she was unable to attend the EPOCH fundraising dinner this
past weekend and hopes it went well. Instead, Mrs. Archer stated she attended the Black Summit
in Palm Beach Gardens, which was represented from various segments of Palm Beach County.
13.C.2.
Commissioner Perlman
Mr. Perlman stated he attended the PROD meeting this morning which Police
Chief Larry Schroeder was the keynote speaker. Mr. Perlman stated he received two telephone
calls and an email within the first hour or two with how impressed people were with his
presentation. Mr. Perlman feels Chief Schroeder did a terrific job and people appear to have a
lot of confidence in him.
Mr. Perlman stated he had the pleasure of attending the EPOCH meeting and
publicly commended EPOCH for a very enjoyable night and noted two wonderful honorees,
Elizabeth Wesley and John Weaver.
Mr. Perlman stated he received a call from Rabbi Carter about helping next year
to spread the word regarding the Interfaith Service that the Commission attended last week. Mr.
Perlman stated they would like to get to a point where there are more people in the crowd versus
those who are in the service. He feels it was a beautiful event and suggested that something be
done to help with their public relations.
Lastly, Mr. Perlman wished everyone a "Happy Thanksgiving".
13.C.3. Mayor Schmidt
Mayor Schmidt stated he had a meeting yesterday with Congressman Shaw's
Chief of Staff from Washington, his local representative Bob Hagle, and Don Walker from Solid
Waste Authority to talk to them about the pelletization facility. Mayor Schmidt stated Mr. Hagle
and Mr. Walker are very interested in the facility and are going to see what they can do to help in
finding the $6 million the City is looking for in funding from the Federal Government.
Secondly, Mayor Schmidt stated he would like to update the Commission with
regard to the Boca Raton Airport issue. Mayor Schmidt stated Ms. Gannon met with the Mayor
of Deerfield Beach and the Mayor of Highland Beach who support the City's idea that there
should be some area representation on the Board. Mayor Schmidt stated we have drafted a
proposed change to this local legislation establishing the Boca Airport authority. Mayor Schmidt
stated that Anne Gannon has agreed to sponsor the Bill on the House side. Mayor Schmidt stated
he met today with Senator Sanderson, Mayor Capellini from the City of Deerfield and Mayor
Abrams from the City of Boca Raton. Mayor Schmidt stated the question that Representative
Gannon had is whether or not the Commission would like her to file this Bill.
Mrs. Archer commented that the problem is not that we are expanding the
authority by three but are reducing it by three seats that they have.
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Mr. Levinson commented that he would like Delray to have a seat.
At this point, it was the consensus of the Commission to let Representative Anne
Gannon file the Bill.
Lastly, Mayor Schmidt wished everyone a "Happy Thanksgiving".
13.C.4.
Commissioner McCarthy
Ms. McCarthy wished everyone a "Happy Holiday" to everyone who celebrates
Thanksgiving and a "Happy Ramadan" to those who celebrate Ramadan.
Secondly, Ms. McCarthy stated that she just returned from Reno, Nevada and
stated because the City is getting ready to do a Senior Citizens Survey, she would like to share
with the Commission that she saw something interesting at a shopping plaza while she was there.
Ms. McCarthy explained that next to a handicap spot there was a sign that was a different color
and shape that read "Senior Citizen Parking". She is not sure how this is monitored but stated
she wanted to bring it up at this time so that it may be a part of the actual study.
13.C.5.
Commissioner Levinson
Mr. Levinson wished everyone a "Happy Thanksgiving".
With regard to the Interfaith Thanksgiving Service, Mr. Levinson stated he had a
conversation with the City Manager about this service and some other issues. Mr. Levinson
would like to see something worked out to where things can be talked about in a more global
way. Mr. Levinson stated events such as these are good for the community but feels it is better
to have more people in attendance than not to have anyone there at all.
at 8:30 p.m.
There being no further business, Mayor Schmidt declared the meeting adjourned
City Clerk
ATTEST:
MAYOR
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11/20/01
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 November 20,
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.
-23-
11/20/01
Mr. Levinson commented that he would like Delray to have a seat.
At this point, it was the consensus of the Commission to let Representative Anne
Gannon file the Bill.
Lastly, Mayor Schmidt wished everyone a "Happy Thanksgiving".
13.C.4.
Commissioner McCarthy
Ms. McCarthy wished everyone a "Happy Holiday" to everyone who celebrates
Thanksgiving and a "Happy Ramadan" to those who celebrate Ramadan.
Secondly, Ms. McCarthy stated that she just returned from Reno, Nevada and
stated because the City is getting ready to do a Senior Citizens Survey, she would like to share
with the Commission that she saw something interesting at a shopping plaza while she was there.
Ms. McCarthy explained that next to a handicap spot there was a sign that was a different color
and shape that read "Senior Citizen Parking". She is not sure how this is monitored but stated
she wanted to bring it up at this time so that it may be a part of the actual study.
13.C.5.
Commissioner Levinson
Mr. Levinson wished everyone a "Happy Thanksgiving".
With regard to the Interfaith Thanksgiving Service, Mr. Levinson stated he had a
conversation with the City Manager about this service and some other issues. Mr. Levinson
would like to see something worked out to where things can be talked about in a more global
way. Mr. Levinson stated events such as these are good for the community but feels it is better
to have more people in attendance than not to have anyone there at all.
There being no further business, Mayor Schmidt declared the meeting adjoumed
at 8:30 p.m.
City Clerk
ATTEST:
MAYOR
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11/20/01
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 November 20,
20~1, whi~gh 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.
-23-
11/20/01