02-05-02FEBRUARY 5~ 2002
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor David W. Schmidt in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, February 5, 2002.
1. Roll call showed:
Present -
Commissioner Patricia Archer
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Commissioner Jeff Perlman
Mayor David W. Schmidt
Absent -
None
Also present were -
City Manager David T. Harden
Assistant City Manager Robert A. Barcinski
City Attorney Susan A. Ruby
Assistant City Attorney Brian Shutt
City Clerk Barbara Garito
Mayor Schmidt asked everyone who is praying this evening that they especially
remember two people. Unfortunately, Mayor Schmidt stated Commissioner Perlman lost his
stepmother in a car accident over the weekend and his father is in critical condition in the
hospital. Also, Mayor Schmidt stated Jan Ecclestone from Delray and active in Palm Beach
County who use to work at Old School Square, passed away over the weekend and reiterated
for everyone to please remember these individuals in their prayers.
2_. The opening prayer was delivered by Reverend Matthew "Bump" Mitchell with
Christ Missionary Baptist Church.
The Pledge of Allegiance to the flag of the United States of America was given.
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AGENDA APPROVAL.
Mayor Schmidt noted the addition of Items 8.Z.9. and 8.Z.10, Awards of Bids
and Contracts to the Consent Agenda by addendum.
Mr. Levinson moved to approve the Agenda as amended, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer
- Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed
with a 5 to 0 vote.
5. APPROVAL OF MINUTES:
Mr. Perlman moved to approve the Minutes of the Regular Meeting of January
8, 2002, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman
- Yes. Said motion passed with a 5 to 0 vote.
Mrs. Archer moved to approve the Minutes of the Special Meeting of January
15, 2002, 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.
Ms. McCarthy moved to approve the Minutes of the Special Meeting of January
28, 2002, as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as
follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes;
Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
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PROCLAMATIONS:
6.A. Reco~nizin~ and Commendin~ the Delra¥ Rocks Football & Cheerleadin~
Squads.
Mayor Schmidt read and presented a proclamation hereby proclaiming the
Delray Rocks and Cheerleaders to be "Champions among Champions and Ambassadors of
Good Will and Sportsmanship for the City of Delray Beach, Florida."
Ben Leonard, Parks and Recreation Supervisor & Coach for the Delray Rocks
Football, came forward to accept the proclamation and presented Mayor Schmidt with a "game
ball" from the Delray Rocks in appreciation for the City's support. Mr. Leonard thanked the
Commission and City staff for supporting the Delray Rocks.
6.B. Reco~nizin~ and commendin~ Vivian Mitchell - Parks Maintenance
Division - Parks and Recreation Employee of the Year for 2001~ and Ilonka Weinstein -
Recreation Division and Bob Taylor- Ocean Rescue Division as Parks and Recreation
Top Employees of the Year 2001.
Mayor Schmidt read and presented a proclamation hereby recognizing and
commending Viviau Mitchell, Parks and Recreation Employee of the Year 2001 for her
dedication and service to the community of Delray Beach and the Parks and Recreation
Department. In addition, Mayor Schmidt recognized and commended Ilouka Weiusteiu,
Recreation Division, and Bob Taylor, Ocean Rescue Division, on a job well done and for
being Top Employees of the Year for 2001 in the Parks and Recreation Department.
Rodger Ribeiro, Recreation Superintendent, introduced and presented Ilonka
Weinstein with the Recreation Division Award.
Rich Connell, Assistant Director of Parks and Recreation, introduced and
presented Bob Taylor with the Ocean Rescue Division Award.
Joe Weldon, Director of Parks and Recreation, introduced and presented Vivian
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Mitchell with the Parks and Recreation Employee of the Year Award for 2001.
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Championship
Award Presentation - City Golf Championship - 2001 - Sandra Eriksson
Sandra Eriksson introduced the following winners of the City Golf
for 2001 and presented them with a plaque:
Jean Flockenzier
Nola Pearson
Nora Phillips
Russ Keegan
Guido Cavallo
Don Burlew
Clint East
Ron Fisher
Marty Kenyon
Sr. Women's Champion
Women's First Flight
City Champion
Super Sr. Men's First Flight
Super Sr. Men's
Sr. Men's First Flight
Men's First Flight
Sr. Men's Champion
City Champion
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PRESENTATIONS:
7.A. RESOLUTION NO. 8-02: Recognizing and Commending Willie Gerald for
30 years of dedicated service to the City of Delray Beach.
The caption of Resolution No. 8-02 reads as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING
AND COMMENDING WILLIE GERALD FOR THIRTY
YEARS OF DEDICATED SERVICE TO THE CITY OF
DELRAY BEACH.
(The official copy of Resolution No. 8-02 is on file in the City Clerk's office.)
Mayor Schmidt read and presented Resolution No. 8-02 hereby recognizing and
commending Willie Gerald for thirty years of dedicated and faithful public service.
Tim Simmons, Superintendent of Parks Maintenance, stated he has had the
pleasure of working with Mr. Gerald for the past twenty years. Mr. Simmons stated Mr.
Gerald has been a key employee with regard to all the special events.
Mr. Levinson moved to approve Resolution No. 8-02, 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.
7.B. Shelly Weil~ Chairman of the Education Advisory Board PENCIL
(Principal For A Day).
Lula Butler, Director of Community Improvement, introduced Mr. Weil and
presented the public relations piece via a video presentation that has been completed as a result
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of the PENCIL (Principal For A Day) Program.
Shelly Weil, Chairman of the Education Advisory Board, stated he would like
to present the Commission with a progress report by presenting a video demonstrating the
success of the PENCIL (Principal For A Day) Program. He stated the success of the Program
is on a daily ongoing basis.
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CONSENT AGENDA: City Manager Recommends Approval.
g.A.
FINAL SUBDIVISION PLAT APPROVAL/RENAISSANCE VILLAGE:
Approve the boundary plat for Renaissance Village, located at the southeast corner of NE 6th
Avenue and NE 2nd Street.
8.B. FINAL SUBDIVISION PLAT APPROVAL/MALLORY SQUARE:
Approve the boundary plat for Mallory Square, bounded by SE 5th Avenue, SE 6th Avenue, SE
3rd Street, and SE 4th Street.
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RESOLUTION NO. 16-02/ABANDONMENT OF UTILITY EASEMENT/
S.E. 3Rr~ AND S.E. 4T}I STREETS: Approve the abandonment of a 16' utility easement within
Block 112, Plat of Delray Heights, located between S.E. 3rd and S.E. 4th Streets.
The caption of Resolution No. 16-02 reads as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A UTILITY EASEMENT LOCATED
WITHIN THE PLAT OF BLOCK 112, DELRAY HEIGHTS
AS RECORDED IN PLAT BOOK 1, PAGE 130 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
AS MORE PARTICULARLY DESCRIBED HEREIN.
(The official copy of Resolution No. 16-02 is on file in the City Clerk's office.)
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RATIFICATION OF THE SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify
the actions of the South Central Regional Wastewater Treatment and Disposal Board at their
Quarter Annual Meeting of January 17, 2002.
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ACCEPTANCE OF EASTMENT DEED/SHERWOOD FOREST
HOMEOWNER'S ASSOCIATION: Approve and accept an easement deed granting to the
City the means to maintain a water main extension that will be constructed by the developer.
This will serve a two lot subdivision with an office building proposed on one lot and a hotel
proposed on the other lot located on the south side of West Atlantic Avenue just east of Whatly
Road.
8.F. FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT/
MALLORY SQUARE:
Authorize the City to act as the utility permit applicant for the
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construction of a water main extension within the state right-of-way (bounded by SE 3rd Street
and SE 4th Street between northbound and southbound Federal Highways) and approve a Hold
Harmless Agreement with the developer (Ironwood Properties, Inc.).
8.G. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve fund
subsidies for four (4) eligible applicants/families in the amount of $22,500 for 227 NW 5th
Avenue, $17,100 forNW 12th Avenue, $23,250 forNW 8th Avenue, and $20,187 for 308 SW 2nd
Street. This brings the number to 138 homeowners assisted under the Renaissance Program.
Funding is available from 118-1924-554-83.01 (SHIP Program).
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PALM BEACH COUNTY FINANCIAL ASSISTANCE AGREEMENT:
Consider approval of a financial assistance agreement with the Palm Beach County Board of
County Commissioners in the amount of $46,551.00 for the landscaping of Lake Ida Road
(between Congress Avenue and Military Trail).
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PALM BEACH COUNTY COURT PUBLIC AGENCY COMMUNITY
SERVICE AGREEMENT: Approve a Public Agency Agreement with the Courts of the 15th
Judicial Circuit that provides for the Planning and Zoning Department's participation in the Palm
Beach County Court Community Service Program for the Beach Revegetation Project.
8.J PALM BEACH COUNTY RESOURCE CENTER AGREEMENT: Approve
the sub recipient agreement for funding with the Palm Beach County Resource Center (PBCRC)
under the 2001-2002 Community Development Block Grant (CDBG) Program.
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ITEM REMOVED
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ADOPTION OF THE PARKS AND RECREATION MASTER PLAN:
Approve and adopt the Parks and Recreation Department's Master Plan as developed by Glatting
Jackson Kercher Anglin Lopez Rinehart, Inc.
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CHANGE ORDER NO. 1/JMW CONSTRUCTION CORPORATION:
Approve Change Order No. 1 in the amount of $19,673.95 to Jh4W Construction Corporation
for the Delray Swim & Tennis Club Pool and Bathhouse Renovations Project. Funding is
available from 117-4133-572-63.90 (Other Improvements).
8.N. RESOLUTION NO. 10-02: Approve Resolution No. 10-02 setting a public
hearing date of March 19, 2002 for consideration of the Royal Palm Boulevard Special
Assessment District final assessment roll.
The caption of Resolution No. 10-02 reads as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, SETTING A PUBLIC
HEARING DATE FOR THE PUBLIC HEARING
CERTIFYING THE FINAL ASSESSMENT ROLL FOR THE
ROYAL PALM BOULEVARD SPECIAL ASSESSMENT
DISTRICT; PROVIDING FOR THE MAILING AND
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PUBLICATION OF NOTICE REGARDING THE PUBLIC
HEARING; PROVIDING AN EFFECTIVE DATE.
(The official copy of Resolution No. 10-02 is on file in the City Clerk's office.)
8.0. RESOLUTION NO. 12-02: Approve Resolution No. 12-02 assessing costs for
action necessary for the emergency board-up of an unsafe structure located at 34 North
Swinton Avenue.
The caption of Resolution No. 12-02 reads as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO
ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT
ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOACTED WITHIN THE CITY OF DELRAY
BEACH; SETTING OUT ACTUAL COSTS INCURRED BY
THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING THE COST OF SUCH ACTION; PROVIDING FOR
AN EFFECTIVE DATE AND FOR A DUE DATE AND
INTEREST ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING
SAID LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING
FOR THE MAILING OF NOTICE.
(The official copy of Resolution No. 12-02 is on file in the City Clerk's office.)
8.P. RESOLUTION NO. 13-02: Approve Resolution No. 13-02 assessing costs for
action necessary for the demolition of an unsafe structure located at 45 S.W. 13th Avenue.
The caption of Resolution No. 13-02 reads as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO
ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT
ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY
BEACH; SETTING OUT ACTUAL COSTS INCURRED BY
THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING THE COST OF SUCH ACTION; PROVIDING FOR
AN EFFECTIVE DATE AND FOR A DUE DATE AND
INTEREST ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING
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SAID LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING
FOR THE MAILING OF NOTICE.
(The official copy of Resolution No. 13-02 is on file in the City Clerk's office.)
8.Q. RESOLUTION NO. 14-02: Approve Resolution No. 14-02 assessing costs
for action necessary to remove junked and/or abandoned vehicles from three (3) properties
within the City.
The caption of Resolution No. 14-02 reads as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO
CHAPTER 90 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR
ABATING NUISANCES BY REMOVING JUNKED AND/OR
ABANDONED VEHICLES WITHIN THE CITY OF DELRAY
BEACH; SETTING OUT ACTUAL COSTS INCURRED BY
THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING SAID COSTS; 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
ASSESMENTS; PROVIDING FOR THE MAILING OF
NOTICE OF LIEN.
(The official copy of Resolution No. 14-02 is on file in the City Clerk's office.)
8.R. RESOLUTION NO. 15-02: Approve Resolution No. 15-02 assessing costs for
action necessary to abate nuisances on thirty (30) properties throughout the City.
The caption of Resolution No. 15-02 reads as follows:
A RESOLUTION OF THE CITY COMMISISON 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
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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. 15-02 is on file in the City Clerk's office.)
8.S. SPECIAL EVENT REQUEST/HOWARD ALAN 5th ANNUAL WINTER
STREET CRAFT FESTIVAL: Consider a request for special event approval to allow the 5th
Annual Delray Beach Winter Street Craft Festival to be held on February 22-23, 2002,
including a temporary use permit for street closures of NE/SE 4th Avenue, one block
noah/south of Atlantic Avenue as well as the north end of Hand's parking lot for vendor
parking and staff support for security, with the event sponsor paying all overtime costs.
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SCRWTDB FEASIBILITY STUDY FOR RECLAIMED WATER SYSTEM
EXPANSION: Authorize funding in the amount of $47,100.00 to South Central Regional
Wastewater Treatment and Disposal Board for a feasibility study regarding the Reclaimed
Water System Expansion project. Funding is available from 441-5181-536-63.95 (Other
Improvements/NW Reuse Water System-SCRWW).
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HOUSING REHABILITATION GRANT\CONTRACT AWARDS:
Approve Housing Rehabilitation grant\contract awards through Community Development
Division in the amounts of $7,140.00 to Horizon Roofing (3030 Dorson Way), $17,487.75 to
Preston Construction (131 NW 6th Avenue), and $18,485.00 to Craftsman Plus, Inc. (611
Angler Drive). Funding is available from 118-1924-554-49.19 (SHIP Housing Rehabilitation
Grant).
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CONFLICT OF INTEREST WAIVER/GREENBERG TRAURIG:
Approve a conflict of interest waiver request for Greenberg Traurig, representatives for the
Florida Department of Agriculture in regards to the citrus canker litigation.
8.W. RESOLUTION NO. 17-02: Approve Resolution No. 17-02 modifying the
membership requirements for the Elder Care Task Force.
The caption of Resolution No. 17-02 reads as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REPEALING
SECTION 2 OF RESOLUTION NO. 65-01 AND ENACTING
A NEW SECTION 2 WHICH AMENDS THE MEMBERSHIP
POSITIONS OF THE ELDER READY TASK FORCE;
PROVIDING AN EFFECTIVE DATE.
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(The official copy of Resolution No. 17-02 is on file in the City Clerk's office.)
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for the
period January 7, 2002 through February 1, 2002.
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8.Y. REALLOCATION OF FUNDS: Approve reallocation of FY 2002 Drug
Control & System Improvement (DCSI) funds as recommended by the Criminal Justice
Commission (CJC). The total FY 2002 funds available for reallocation is $200,000.
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AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Pierce Manufacturing, Inc./Ten 8 in the amount of
$751,154.00 for the replacement aerial apparatus. Funding is available from
501-3312-591-64.20 (Garage/Automotive).
2. Purchase award to CompuServe in the amount of $22,282.00 for the
purchase of Citywide Database Server under state contract #250-040-99-1.
Funding is available from 441-5111-536-64.11 (Computer Equipment).
3. Bid award to Sanders Company, Inc. in the amount of $69,255.00 for the
purchase of three (3) dry pit/submersible sanitary sewerage pumps to be
installed in Lift Station No. 1. Funding is available from 442-5178-536-
64.90 (Other Machinery and Equipment).
4. Bid award to Altec Industries, Inc. in the amount of $104,181 for the
purchase of an Altec Model LRV-55-AS bucket truck under GSA contract
#GS-30F-1028G. Funding is available from 501-3312-519-64.20
(Garage/Automotive).
5. Purchase award in the amount of $17,165.00 to Data Flow Systems (sole
source) for the purchase of Telemetry equipment associated with the
replacement of existing telemetry systems site server unit. Funding is
available from 441-5143-536-64.90 (Other Machinery and Equipment).
6. Contract award to REP Associates, Inc. in the amount of $22,710.34 for
Phase II Environmental Assessments on Barwick Road site parcels.
Funding is available from 334-3162-541-61.10 (Land).
7. Joint bid award with the City of Boynton Beach to multiple responsive
bidders for the Fire Department to purchase medical and drug supplies at an
estimated annual cost of $91,000.00 for the City of Delray Beach. Funding
is available from 001-2315-526-52.20 (General Operating Supplies).
8. Bid award GTE Builders, Inc. for the Community Teen Center in the
amount of $303,472.50. Funding is available from 334-6111-572-62.09 for
$195,905 (General Construction Fund/Delray Youth Teen Council) and 117-
6111-519-63.40 for $108,000 (Recreation Impact Fee/Roller Blade and
Skate Board Park).
9. Purchase award to Cross Match Technologies, Inc. in the amount of $37,802
for the purchase of a complete Livescan Fingerprinting and Palm Capture
System. Funding is available from 001-2114-521-64.11 (Computer
Equipment).
10. Bid award to Hector Equipment Company for two (2) Toro Groundmaster
328 D mowers in the amount of $29012.07 under Florida State contract 515-
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630-00-1. Funding is available from 501-3312-519-64.20 (Automotive).
Ms. McCarthy moved to approve the Consent Agenda as amended, 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.
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REGULAR AGENDA:
REQUEST FOR MODIFICATION
OF STANDARDS GOVERNING
FINGER PIERS: Consider modification of standards in Land Development Regulations
(LDR) Section 7.9.8 governing Finger Piers, pursuant to Section 7.9.4(A) of the LDR, to allow
a 28-foot finger pier to be constructed at 425 SE 7th Avenue. The normal standard is 25-feet of
dock length. (Quasi-JudicialHearing)
The City Attorney stated this item will 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.
Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex
parte contacts were noted for Mr. Levinson, Ms. McCarthy, Mayor Schmidt, and Mr. Perlman.
Mrs. Archer stated she has had previous conversations with Mr. Woodfin regarding an
easement on his street but has had no conversations with him regarding this issue.
The City Attorney invited anyone from the public who wishes to address the
Commission regarding the modification, to please step forward at this time and be sworn in by
the City Clerk.
Barbara Garito, City Clerk swore in those individuals who wished to give
testimony of this item.
Jerry Sanzone, Chief Building Official, stated the owner is requesting a 3-foot
waiver to the maximum 25 feet limitation that these docks are allowed to extend from the
seawall. The applicant has received approval from the Department of Environmental
Protection and Department of The Army Corp. of Engineers.
There being no one else who wished to address the Commission regarding the
modification, the public hearing was closed.
Mrs. Archer moved to approve the request for modification, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson
- Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed
with a 5 to 0 vote.
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9.B. REQUEST TO WAIVE LIENS/SAINT MATTHEWS EPISCOPAL
CHURCH: Consider a request to waive liens on a vacant lot acquired by Saint Matthews
Episcopal Church located at SW 3rd Street and SW 4th Avenue across from their current
property. The liens currently total $5,929.34; the City's actual out-of-pocket costs are
$2,798.17, which the church is prepared to pay.
Lula Butler, Director of Community Improvement, explained this is a request
from Saint Matthews Episcopal Church to waive administrative fees, recording fees, and
interest assessed on vacant land contracted to purchase for parking.
The City's actual out-of-pocket cost is $2,798.17 and the liens total $5,929.34.
Therefore, Ms. Butler stated staff is requesting the Commission to waive the amount of
$3,131.17 in support of Saint Matthews Episcopal Church expansion efforts. Ms. Butler stated
the church is prepared to pay the out-of-pocket cost.
Mr. Perlman moved to approve the request to waive liens per the amount
specified by Ms. Butler, 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.
9.C. REQUEST FOR IN-LIEU PARKING FEE/CAFI~ VERI AMICI: Consider
a request by Caf6 Veri Amici for the purchase of two (2) in-lieu parking spaces in the amount
of $12,000. Caf6 Veri Amici is located at the southeast corner of Pineapple Grove Way and
NE 2nd Street.
Scott Aronson, Parking Management Specialist, stated this is a request from
Cafd Veri Amici for two in-lieu parking spaces. The applicant has submitted a Class II site
plan modification for a pizza, sandwich and gelato shop located on Pineapple Grove Way at
N.E. 2nd Street. The change in use would require the purchase of two in-lieu spaces.
At its meeting of December 18, 2001, the Parking Management Advisory Board
unanimously recommended approval of the applicant's request.
Ms. McCarthy stated the agenda backup indicates that there is ample parking
surrounding them to accommodate the needs of this particular restaurant. Mr. Aronson stated
the site does have a parking lot behind the restaurant. Ms. McCarthy inquired whether or not
this is an eat-in restaurant or take-out. In response, Mr. Aronson stated there will be tables but
because this is a pizza/gelato shop, it will be more of a take-out type of business. Mr. Aronson
stated he does not anticipate this business generating traffic for its intended use.
Mr. Perlman moved to approve the request by Cafd Veri Amici for the purchase
of two in-lieu parking spaces in the amount of $12,000, 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.
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9.D. ESTABLISHMENT OF SANDOWAY PARKING LOT OFFICIAL
CLOSING TIME: Consider establishing the official closing time for Sandoway Parking Lot
as 9:00 p.m., as recommended by the Parking Management Advisory Board.
Scott Aronson, Parking Management Specialist, stated staff was directed to
continue monitoring the Sandoway Lot to ascertain utilization between the hours of 8:00 p.m.
and 9:00 p.m. to determine if the official lot closing time should be established at 9:00 p.m.
Although January of 2001 showed no utilization of the lot due to a lack of public awareness,
January 2002 through the 27th of the month shows 57 cars parked. Throughout the test period a
total of 637 cars were parked in the lot after 8:00 p.m. Staff requested the Delray Beach
Police Department to provide assistance during the extended closing time. Of the few reports
made during the year long test period, none were related to the extended lot closing time.
At its meeting of October 23, 2001 the Parking Management Advisory Board
recommended (7-1) to establish 9:00 p.m. as the official closing time of the Sandoway Lot.
Additionally, at their meeting of January 22, 2002, as a discussion item, the Board upheld their
previous recommendation. Staff concurs with the recommendation to establish the official
closing time for Sandoway Parking Lot as 9:00 p.m.
Mayor Schmidt commented that he had asked for this extension of the
experiment because it seemed to him that during the summer months it certainly justified
keeping it open until 9:00 p.m. with daylight savings time but he wanted to see what it looked
like through the season. Mayor Schmidt stated he has received a number of emails from
residents requesting that the Commission not extend the closing time beyond dusk. Mayor
Schmidt stated he could see keeping the lot open until 9:00 p.m. during the summer months
and closing at dusk during the winter months because it does not seem to justify the use for
keeping it open with regard to the number of cars.
Mr. Levinson stated he does not like the concept of the word "dusk" in general
because it is too vague and hard to enforce. Mr. Levinson stated he feels the closing time
should be a time certain and does not feel 9:00 p.m. is an unduly late time of night. Mr.
Levinson stated he supports a closing time of 8:30 p.m. or 9:00 p.m. for the entire year.
Mrs. Archer stated knowing how the residents are concerned about noise, etc.
she would rather not support any closing time of the Sandoway Parking Lot after 8:00 p.m.
Mrs. Archer stated she would support setting the closing time of 8:00 p.m. year-round.
Mrs. Archer moved to approve setting a time certain for Sandoway Parking Lot
to 8:00 p.m. year-round, 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.
At this point, the time being 6:50 p.m., the Commission moved to Item 9.G. of
the Regular Agenda.
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9.G. SPECIAL EVENT REQUEST/OLD SCHOOL SQUARE PAVILION
GRAND OPENING: Consider a request for special event approval to allow the grand
opening of Old School Square Pavilion to be held on February 14, 2002 from 7:00 pm until
10:00 pm and to approve staff support for security with the waiver of overtime costs.
Robert A. Barcinski, Assistant City Manager, stated this is a request for the
Commission to endorse the Grand Opening event for the Old School Square Pavilion to be held
on February 14, 2002 from 7:00 p.m. until 10:00 p.m. and to approve staff support for security
and traffic control, EMS services on site, trash removal and clean up, event signage and the use
of barricades, with a waiver of all overtime costs. In addition, the Police Department is
recommending the hiring of two (2) private security guards for the stage area for a cost of
approximately $150 which would be paid by Old School Square.
Joe Gillie, Director of Old School Square, stated the date of February 14th was
chosen because it tied into the entire weekend because of the "Soul of Delray" event. Mr.
Gillie stated the Palm Beach County Youth Orchestra reserved Sunday, February 17th and
"Soul of Delray" reserved Saturday, February 16th. Mr. Gillie reiterated February 14th was
chosen because he felt it would make this a good weekend for people to see and hear the
variety of music.
Mrs. Archer moved to approve the Special Event Request to allow the Grand
Opening of the Pavilion Event at Old School Square on February 14, 2002 and approval of
staff support with the waiver of overtime costs, seconded by Mr. Perlman. Upon roll call the
Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes;
Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote.
9.H. LINE OF CREDIT/SUNTRUST BANK: Approve a Line of Credit for
$22,000,000.00 with SunTrust Bank to finance the cost of land acquisition with respect to
Atlantic High School, the City's Beach Renourishment Program, and parking facility
improvements at the Delray Beach Library.
Joe Safford, Finance Director, stated staff is recommending Option #2 which is
SunTrust Bank's variable rate financing option three year term with no prepayment penalties
and with the gross up language. Mr. Safford stated SunTrust Bank offered the lowest bid. Mr.
Safford stated if this item is approved this evening an authorizing resolution with SunTrust
Bank will come under separate cover at a later date.
At this point, Ms. McCarthy left the dais.
Mr. Levinson moved to approve the Line of Credit as recommended by staff,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer -
Yes; Mr. Levinson - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with
a 4 to 0 vote.
9.1. PURCHASE AWARD/ZOLL MEDICAL CORPORATION: Consider
approval of a purchase award to second lowest bidder, Zoll Medical Corporation, for two (2)
12-Lead Monitor Defibrillators in the amount of $40,150.70. Funding is available through the
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Palm Beach County Emergency Medical Service Grant Award Program for $38,562.30 and
from 115-2311-248-64.00 (Fire-Other Machinery/Equipment) for $1,588.70.
At this point, Ms. McCarthy returned to the dais.
Kerry Koen, Fire Chief, stated this is a request for two (2) 12-Lead Monitor
Defibrillators for the Fire Department both of which are being funded primarily from County
grants. Chief Koen stated staff is recommending this equipment because it is superior
technology.
Mr. Perlman moved to approve the purchase award to Zoll Medical
Corporation (second lowest bidder) for two 12-Lead Monitor Defibrillators in the amount of
$40,150.70, 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.
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. 5-02 (FIRST READING/FIRST PUBLIC HEARING):
An Ordinance amending the Land Development Regulations Section 4.4.27(C) to add
educational facilities in the aSR (Open Space and Recreation) zoning district. If passed, a
public hearing will be scheduled for February 19, 2002. 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. 5-02:
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 SECTION 4.4.27, "OPEN
SPACE AND RECREATION (aSR) DISTRICT",
SUBSECTION (C) "ACCESSORY USES AND STRUCTURES
ALLOWED", TO ADD EDUCATIONAL FACILITIES AS AN
ACCESSORY USE; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 5-02 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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Paul Darting, Planning Director, stated the amendment will allow "educational
facilities" as an accessory use to the principal uses (B)(1) Parks and (B)(2) Recreation
Facilities. All eligible properties with the exception of Lake Ida Park and Bucky Dent's
Baseball School are City owned. Establishment of schools on City-owned property will be
City operated, or must be approved through an agreement with the City. This amendment will
accommodate the existing charter school at Pompey Park as well as any potential school at the
Catherine Strong Center. Mr. Darting stated this text amendment was originally requested by
the Cultural Arts Institute (Charter School) however, have withdrawn their request and
apparently are no longer interested in the site.
At it meeting of January 28, 2002, the Planning and Zoning Board held a public
hearing regarding this item and after discussion the Board voted 7-0 to recommend that LDR
Section 4.4.27(C) (Accessory Uses and Structures Allowed) be amended to add "educational
facilities" as an accessory use, based upon a positive finding with LDR Section 2.4.5(M)(5).
Mayor Schmidt declared the public hearing open. There being no one who
wished to address the Commission regarding Ordinance No. 5-02, the public hearing was
closed.
Mr. Pertman moved to adopt Ordinance No. 5-02 on FIRST READING/FIRST
PUBLIC HEAR1NG, seconded by Mrs. Archer. Upon roll call the Commission voted as
follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Pertman - Yes; Mrs. Archer - Yes;
Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
10.B. ORDINANCE NO. 39-01 (ADOPTION HEARING FOR
COMPREHENSIVE PLAN AMENDMENT 2001-02): Consider on second reading an
ordinance adopting Comprehensive Plan Amendment 2001-02 and associated Future Land Use
Map (FLUM) amendments, and authorize transmittal to the State Department of Community
Affairs. 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. Amendment 2001-02 includes:
The City Manager presented Ordinance No. 39-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ADOPTING
COMPREHENSIVE PLAN AMENDMENT 2001-2
PURSUANT TO THE PROVISIONS OF THE "LOCAL
GOVERNMENT COMPREHENSIVE PLANNING AND
LAND DEVELOPMENT REGULATION ACT", FLORIDA
STATUTES SECTIONS 163.3161 THROUGH 163.32.43,
INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED
IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN
AMENDMENT 2001-2" AND INCORPORATED HEREIN BY
REFERENCE; PROVIDING A SAVING CLAUSE, A
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GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 39-01 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Dan Marfino, Principal Planner, stated Comprehensive Plan Amendment 2001-
02 represents the second regular amendment of the City's twice a year Comprehensive Plan
Amendment process. The amendment is comprised of eight individual items consisting of five
City initiated text amendments, two City initiated Future Land Use Map amendments and one
privately initiated text change. Mr. Marfino stated Amendment 2001-02 was transmitted to the
Department of Community Affairs (DCA) after the City Commission Meeting of August 21,
2001. After a preliminary review, DCA informed the City that Amendment 2001-02 would
require a complete review, culminating with an Objections, Recommendations, and Comments
(aRc) Report. Subsequent to their comprehensive review, DCA declined to issue an aRC
Report concerning the amendment and therefore did not need to go before the Planning and
Zoning Board for a second public hearing.
At this point, Mr. Marfino gave a brief summary of the items included in this
amendment and reviewed the Future Land Use Map Amendment from LD (Low Density
Residential 0-5 du/ac) to CF and Corrective Future Land Use Map Amendment for the Rinaldi
parcel.
10.B.1. Future Land Use Map amendment from LD (Low Density Residential 0-5
du/ac) to CF (Community Facilities) for a parcel of land located at 36 NW 4th Avenue to
accommodate an off-street parking lot associated with the Atlantic Grove Redevelopment
project.
10.B.2. Corrective Future Land Use Map amendment for the Rinaldi parcel
(approximately 0.03 acres) from MD (Medium Density Residential 5-12 du/ac) to CC
(Commercial Core) for a parcel of land located on the east side of Bronson Avenue
approximately 100 feet south of East Atlantic Avenue.
10.B.3 Text Amendment to the Future Land Use Element changing the Transitional
land use designation as it relates to density in the Ra (Residential Office) zoning district.
Paul Dorling, Planning Director, stated the owner of the property located at 217
N.E. 4th Street is proposing to redevelop the property to accommodate a 10-unit townhouse
development in the residential office district which has an underlining future land use
designation of transitional. The current transitional land use designation allows up to a
maximum of 12-units per acre. The applicant wishes to add language to the Comprehensive
Plan which would allow a maximum of 20-units to the acre and allow it as a conditional use if
the zoning adjacent to the Ra (Residential Office) property is either zoned CBD-RC or CBD.
The existing maximum density of 12-units per acre which is currently allowed appears a more
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appropriate transition between these two designations. With the final adoption of the RO
(Residential Office) zoning district multi-family developments were excluded from the list of
permitted uses. Consequently, Mr. Dorling stated even if a change was approved to the
Transitional Land Use Designation, there would need to be a further change to allow multi-
family uses in the RO (Residential Office) district.
On March 3, 1998, the City Commission approved the Seacrest Del-Ida
Neighborhood Plan. This area is on the residential neighborhood categorization map and
labeled as a revitalization area. Per the Seacrest DeMda Neighborhood Plan, RO and RL
zoning districts new residential development consisting of low density or duplex development
continues to be permitted while all new development or redevelopment in all other areas of the
neighborhood were to consist of single family detached housing. In summary, Mr. Dorling
stated staff feels it is inappropriate to amend the Transitional Land Use Designation because
(1) the proposed density is incompatible with the low density residential development
immediately to the north, (2) a density increase in this area would affect the character of the
historic district, and (3) the change is inconsistent with the Seacrest DeMda Neighborhood
Plan.
Mr. Dorling stated the Community Redevelopment Agency (CRA) considered
this item at their August 9, 2001 meeting and recommended denial. The Board felt it was
inappropriate to increase the density over the maximum of 12-units to the acre and that it was
incompatible with low densities to the north. The Historic Preservation Board (HPB) also
considered this amendment on August 15, 2001 and recommended denial. At its meeting of
August 20, 2001, the Planning and Zoning Board considered the amendment and
recommended (4-3) to deny the request because of similar concerns. The City Commission
considered this item on August 21, 2001 where there was significant public input and concern
regarding the inappropriateness of the scale, density, and the intrusion of multi-family
development into the neighborhood. Mr. Dorling stated staff is recommending denial of this
specific part of the Comprehensive Plan Amendment.
Mayor Schmidt declared the public hearing open.
Sarah Greeley~ 109 N. Dixie Blvd. speaking as past President of the Del-Ida
Park Neighborhood Association and representing the association, stated the petitioner's
proposed project is too large and too inappropriate for this site or for any other site in the
historic neighborhood. In August 2001, the Del-Ida Park Neighborhood Association was
unable to come to any compromise on issues raised by the petition.
Sandy Jamisom 515 N. Swinton Avenue~ expressed concern over the
increased density and urged the Commission to deny this request.
Tony Keller~ 200 N.E. 5th Street~ stated he is opposed to the increased density
and would like to see it remain 12-units per acre.
Mary Lou Jamisom 515 N. Swinton Avenue, expressed concern over the
request for increased density and stated she is opposed to changing the zoning on this property.
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Alice Beck~ 401 N.E. 2I'a Avenue~ is strongly opposed to any increased density
in the neighborhood.
Jean Beer~ 2145 S.W. 26th Terrace~ is strongly opposed to the increased
density and commented about what it would mean with regard to changing the Comprehensive
Plan.
John Bennett~ President of Progressive Residents of Delray (PROD) and
speaking on behalf of the organizatiom is opposed to the increased density and feels this
would be bad for the City.
Secondly, Mr. Bennett commented that the Planning and Zoning Staff Report
urges the Commission to pass the Comprehensive Amendment 2001-02 with the exception of
Item #7 and the Resolution attached approves the amendment. Therefore, Mr. Bennett stated
the Resolution would need to be modified if the Commission decides to follow-through as
everyone from the public is encouraging the Commission to do so.
Bill Andrews~ 801 Palm Trail #7~ applicant~ feels this is in the best interest of
the City.
There being no one else who wished to address the Commission regarding the
Comprehensive Plan Amendment 2001-02, the public hearing was closed.
With regard to the point Mr. Bennett raised, Mayor Schmidt asked if anything
would need to be amended if this motion passes. In response, the City Attorney stated if this is
approved then the Commission would need to withdraw pages 7 & 8 and the support document
15 (all part of Exhibit "A") which is incorporated into the ordinance.
Mr. Perlman moved to approve staff's recommendation to approve the
Comprehensive Plan Amendment 2001-02 with the exception of the privately initiated text
change; and deleting support document 15 and pages 7 & 8 of Exhibit "A" as outlined by the
City Attorney, seconded 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.C. ORDINANCE NO. 3-02: An ordinance correcting rezoning from RM
(Medium Density Residential) to CBD (Central Business District) for a parcel of land located
on the east side of Bronson Avenue approximately 100 feet south of E. Atlantic Avenue. Prior
to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing
has been scheduled to be held at this time. (Quasi-Judicial Hearing)
The City Manager presented Ordinance No. 3-02:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING LAND
PRESENTLY ZONED RM (MULTIPLE FAMILY
RESIDENTIAL- MEDIUM DENSITY) TO CBD (CENTRAL
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BUS1NESS DISTRICT); SAID LAND BE1NG A PARCEL
LOCATED ON THE EAST SIDE OF BRONSON AVENUE
APPROXIMATELY 100' SOUTH OF EAST ATLANTIC
AVENUE, AS MORE PARTICULARLY DESCRIBED
HERE1N; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
The official copy of Ordinance No. 3-02 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
The City Attorney stated this item will be conducted as a quasi-judicial hearing,
which allows for presentation by all involved parties, the admission of documents into the
record and public testimony.
Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex
parte contacts were noted.
The City Attorney invited anyone from the public who wishes to address the
Commission regarding Ordinance No. 3-02, to please step forward at this time and be sworn in
by the City Clerk.
Barbara Garito, City Clerk, swore in those individuals who wished to give
testimony of this item.
Paul Dorling, Planning Director, entered into the record the Planning
Department's project file #2001-199.
Mr. Dorling stated the property is the north half of Lot 7 Block 2, Ocean Park
Subdivision and is part of a larger property containing a mixed-use development. The action
requested is corrective as the current zoning district boundary line bisects the southernmost
building on the site. The north 94 feet of the property is zoned CBD (Central Business
District) while the south 16.65 feet is zoned RM (Multiple Family Residential-Medium
Density). A Future Land Use Map amendment is being process separately with
Comprehensive Plan Amendment 2001-02 to change the FLUM designation from MD
(Medium Density Residential 5-12 du/ac)to CC (Commercial Core).
At its meeting of August 20, 2001, the Planning and Zoning Board voted 7-0 to
recommend that the request be approved, based upon positive findings with respect to Future
Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings),
LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), that the previous zoning district was established in
error.
Mayor Schmidt declared the public hearing open.
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John Bennett, Vice-President of Beach Property Owners' Association
(BPOA) and speaking on behalf of the association, stated there is no problem with putting a
building all in one zoning district. However, Mr. Bennett stated if it were under other
circumstances in expansion of the CBD, the BPOA might take a different stand.
There being no one else who wished to address the Commission regarding
Ordinance 3-02, the public hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 3-02 on Second and FINAL
Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr.
Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt
- Yes. Said motion passed with a 5 to 0 vote.
10.D. ORDINANCE NO. 1-02 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending the Land Development Regulations Section 4.4.1 i(B),
"Principal Uses and Structures Permitted", to eliminate equipment rental as a principal use, and
amending 4.4.1 i(D), "Conditional Uses and Structures Allowed", to allow "equipment rental
and display" as a conditional use in the Neighborhood Commercial (NC) zoning district,
pursuant to LDR 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. 1-02:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS, BY AMENDING
SECTION 4.4.11, "NEIGHBORHOOD COMMERCIAL (NC)
DISTRICT", SUBSECTION (B), PARAGRAPH (2) BY
ELIMINATING EQUIPMENT RENTAL AS A PERMITTED
USE; AND SUBSECTION (D), "CONDITIONAL USES AND
STRUCTURES ALLOWED", BY ENACTING A NEW
PARAGRAPH (4) TO ADD EQUIPMENT RENTAL AND
DISPLAY AS A CONDITIONAL USE IN THE
NEIGHBORHOOD COMMERCIAL (NC) ZONING
DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 1-02 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.
With regard to signage, Ms. McCarthy asked if they would have to meet the
City's criteria for sign size. In response, Mr. Dorling stated if the applicant has any changes
then they would have to abide by the City's criteria for signs. However, the current situation
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could continue as it is.
Mayor Schmidt declared the public hearing open. There being no one who
wished to address the Commission regarding Ordinance No. 1-02, the public hearing was
closed.
Mr. Levinson moved to adopt Ordinance No. 1-02 on Second and FINAL
Reading, 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.
10.E. ORDINANCE NO. 2-02: An ordinance amending the Land Development
Regulations Section 4.6.16(D)(2) to add a subsection regarding the substitution of mature,
exceptional tree specimens for required parking. 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. 2-02:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS, BY AMENDING
PARAGRAPH 4.6.16(D)(2), "PRESERVATION AND
PROMOTION OF EXISTING PLANT COMMUNITIES", BY
ENACTING A NEW SUB-PARAGRAPH (d), TO ALLOW
FOR THE SUBSTITUTION OF MATURE, EXCEPTIONAL
TREE SPECIMENS FOR REQUIRED PARKING;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 2-02 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Mayor Schmidt declared the public hearing open. There being no one from the
public who wished to address the Commission regarding Ordinance No. 2-02, the public
hearing was closed.
Mrs. Archer stated if there were several trees in an area where parking was an
issue, she feels this could potentially cause a conflict. She inquired if there is any point to
limiting this to the number of trees that would be affected. In response, Mr. Dorling stated the
amendment allows the discretion to sit with the City Horticulturist.
Mrs. Archer moved to adopt Ordinance No. 2-02 on Second and FINAL
Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr.
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Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer
- Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item ll.B., Comments and Inquiries
on Non-Agenda Items from the Public.
11.B. From the Public.
ll.B.1. Jim Smith~ 1225 S. Ocean Boulevard~ expressed concern over Delray Beach
not being bicycle-friendly and feels two things should be done to help Delray Beach become
more bicycle-friendly. First, Mr. Smith suggested adding a new Bicycle Pedestrian
Coordinator to the City's budget this year. Second, Mr. Smith suggested the City apply for
bicycle-friendly projects and urged the City to give the Parks and Recreation Department the
resources they need to make Delray Beach bicycle friendly.
ll.B.2. Kenneth Gra¥~ 696 Udell Lane~ stated many people in the Delray Shores area
are concerned with the drug activity and the youth hanging around the Dollar Saver Store. Mr.
Gray stated this store is providing the kids with beer and cigarettes and commented that the
store also stocks nude magazines and video tapes. Based on some of the phone calls made
under these circumstances to the Delray Beach Police Department, Mr. Gray stated response
time has taken up to forty minutes. Mr. Gray asked that there be more Police enforcement at
the Dollar Saver Store because he does not want to see his neighborhood become a drug
hangout for the youth.
ll.B.3. John Bennett~ 137 Seabreeze Avenue~ distributed a proposal of the Rules of
Procedure to the Commission to change the Rules of Procedure by allowing people to yield
their allotted three minutes to another person for a longer period of time.
At this point, the time being 7:50 p.m., the Commission moved to Item 9.J. of
the Regular Agenda.
9.J.
SOLID WASTE AUTHORITY INTERLOCAL AGREEMENT/
TEMPORARY USE PERMIT: Approve a new lease agreement between the City and the
Solid Waste Authority of Palm Beach County for the SWA's temporary use for up to 2 years of
the Public Works Warehouse located on Lake Ida Road, just east of Congress Avenue.
Paul Dorling, Planning Director, stated on March 15, 2000 SPRAB approved a
Class I! Site Plan Modification for significant upgrades to the Solid Waste Authority Transfer
Station on the east side of S.W. 4th Avenue, south of Linton Boulevard. The Solid Waste
Authority is ready to begin construction (anticipated for March 1 st) and is requesting to relocate
the Household Hazardous Waste Collection aspect to the Public Works Warehouse on the
south side of Lake Ida Road. The request is to allow the temporary use at this location for up
to two years and staff is recommending approval of a temporary use permit based upon
positive findings with respect to LDR Section 2.4.7(B)(5) subject to the condition that all
aspects of this operation comply with the conditions set forth in the Interlocal Agreement
between the City of Delray Beach and the Solid Waste Authority.
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Mr. Levinson commented about the two-year term and feels this is a long time
to make modifications to the current site.
Brian Shutt, Assistant City Attorney, stated he had discussions with the Solid
Waste Authority and they wanted a longer period of time. Mr. Shutt stated staff was able to
negotiate to the two-year term.
Mrs. Archer stated at this location traffic backs up for quite a considerable
distance across the railroad tracks and under 1-95. Mrs. Archer stated there is a divider that
goes across the area which divides the road. However, Mrs. Archer stated there is no divider
which would be opposite of the proposed driveway. Mrs. Archer stated there is no blocking
there which means large trucks could come out and try and make a left turn across the lane of
traffic and into backed up traffic. Mrs. Archer stated she would have a great deal of trouble
approving this without making some modification to the road so that traffic could only go
eastbound.
Dick Hasko, Director of Environmental Services, stated the Solid Waste
Authority will have a truck to haul the waste.
Mrs. Archer asked if the City could make some provisions to close off the area
opposite the driveway so that there is not a problem with making westbound turns in that area.
Mr. Dorling stated this may be something the City would like to approach the
County on changing.
Mr. Perlman inquired about environmental concerns related to this. In response,
Mr. Shutt stated it is in the agreement that the Solid Waste Authority will do the Phase II
environmental audit.
Mr. Hasko reiterated that in the agreement the Solid Waste Authority is
obligated to determine if any cleanup is necessary.
Further discussion by the Commission followed.
Ms. McCarthy inquired whether neighbors would have to contend with any
additional odors because of this use.
Mr. Hasko emphasize this is strictly household waste not garbage collection.
Mr. Hasko stated there certainly is a possibility that neighbors would have to contend with
odors.
Mr. Shutt explained the term "nuisance" is not defined in the agreement. Ms.
McCarthy stated that if neighbors report odors that are offensive, she feels there should be a
time certain to correct it.
Mrs. Archer asked if there is a provision for the material to be stored inside or
under cover so it cannot be seen from the streets and what is the provision for tires because
after rain there are mosquitoes. Mr. Shutt stated the site plan addresses the landscaping along
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Lake Ida Road and it is his understanding that there will be a canopy cover. Mr. Hasko
reiterated there will be a canopy cover and from their facility by Miller Park they will bring out
storage cabinets to store things in. Mr. Hasko stated he is not sure about the frequency of their
collection will be.
Mr. Perlman inquired whether or not any facilities have been considered South
of Delray Beach.
The City Attorney suggested that this item be brought back to the Commission
next week so the Solid Waste Authority can address some of the concerns and questions
discussed this evening.
It was the consensus of the Commission to table this item until after the Solid
Waste Authority addresses some of the concerns and questions discussed this evening.
9.K
PROPOSAL FOR SETTLEMENT IN FASHAW v. CITY OF DELRAY
BEACH: Consider a Proposal for Settlement in the amount of $12,500.00 in Fashaw v. City
of Delray Beach. Staff recommendation is denial.
Mr. Levinson moved to deny the proposal for settlement, seconded by Mrs.
Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor
Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion to
deny passed with a 5 to 0 vote.
9.L. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint
two (2) regular members to the Code Enforcement Board with term ending January 14, 2003
and January 14, 2005, and one (1) alternate member with term ending January 14, 2005. Based
upon the rotation system, the regular appointments will be made by Mayor Schmidt (Seat #5)
and Commissioner Perlman (Seat #1). The alternate appointment will be made by
Commissioner Archer (Seat #2).
Mayor Schmidt moved to reappoint Robert Desjean as a regular member to the
Code Enforcement Board for a term ending January 14, 2003, seconded by Mr. Perlman. Upon
roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0
vote.
Mr. Perlman moved to appoint Clifford Torres, Jr. as a regular member to the
Code Enforcement Board for a term ending January 14, 2005, 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.
Mrs. Archer moved to reappoint Russell Jennings as an alternate member to the
Code Enforcement Board for a term ending January 14, 2005, seconded by Mr. Perlman. Upon
roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Schmidt - No; Mr. Perlman - Yes. Said motion passed with a 4 to 1
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02/05/02
vote.
9.M. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1)
alternate member to the Board of Adjustment for an unexpired term ending August 31, 2003.
Based upon the rotation system, the appointment will be made by Commissioner Archer (Seat
S2).
Mrs. Archer moved to appoint Gary Rosen as an alternate member to the Board
of Adjustment for an unexpired term ending August 31, 2003, seconded by Mr. Perlman.
Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes;
Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to
0 vote.
0.N.
APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY:
Appoint one (1) regular member to the Delray Beach Housing Authority for a four year term
ending March 6, 2006. Based on the rotation system, the appointment will be made by Mayor
Schmidt (Seat #5).
Mayor Schmidt moved to reappoint Morris Weinman as a regular member to
the Delray Beach Housing Authority for a four year term ending March 6, 2006, 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.
9oOo
APPOINTMENT TO PUBLIC EMPLOYEES RELATIONS
COMMISSION: Appoint one (1) regular member to the Public Employees Relations
Commission (PERC) for a four year term ending January 29, 2006. Based on the rotation
system, the appointment will be made by Commissioner Archer (Seat #2).
Mrs. Archer moved to appoint Lorraine Kasper as a regular member to the
Public Employees Relations Commission (PERC) for a four year term ending January 29,
2006, 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.
9.P APPOINTMENT TO THE ELDER READY TASK FORCE: Appoint one
(1) member to the Elder Ready Task Force for an unexpired term ending November 1, 2002.
Based on the rotation system, the appointment will be made by Commissioner Perlman (Seat
~).
Mr. Perlman moved to appoint Reverend Richard Smith as a member to the
Elder Ready Task Force for an unexpired term ending November 1, 2002, 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.
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02/05/02
9.Q. APPOINTMENT TO NOISE COMPATIBILITY ADVISORY
COMMITTEE (NCAC)/BOCA RATON AIRPORT AUTHORITY: Appoint one (1)
member to the Noise Compatibility Advisory Committee (NCAC) for the Boca Raton Airport
Authority. The term is for two (2) years. Based on the rotation system, the appointment will
be made by Commissioner Perlman (Seat #1).
Mr. Perlman moved to appoint Robert Langevin (Delray Beach resident) as a
member to the Noise Compatibility Advisory Committee (NCAC) for the Boca Raton Airport
Authority for a two year term, seconded by Ms. McCarthy. Upon roll call the Commission
voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 8:10 p.m., the City Manager arrived and the
Commission moved to Item 9.E. of the Regular Agenda.
9.E. LICENSE AGREEMENT/CAUSE EVENTS, INC. /SPORTSFEST 2002:
Consider approval of a license agreement with Cause Events, Inc. to hold a Sportsfest 2002 on
Saturday, March 23, 2002 from 10z00 am until 11 zOO pm at the Tennis Center.
Robert A. Barcinski, Assistant City Manager, stated this is a request for
Commission to approve a License Agreement with Cause Events, Inc. for the use of the Tennis
Center and other City facilities for "Sportsfest 2002" to be held on Saturday, March 23, 2002
from 10z00 a.m. until 11 zOO p.m. Mr. Barcinski stated Mr. Mitchell Steinberg is the promoter
of the event.
Mr. Perlman stated this item was on a previous agenda and commented that it
was pulled. Mr. Barcinski stated Mr. Steinberg wanted to look at some of the cost issues and
he was trying to finalize his plans for the event before bringing this back to the Commission.
Mr. Barcinski stated Mr. Steinberg is one of the partners for the Garlic Festival.
Mrs. Archer moved to approve the License Agreement with Cause Events, Inc.
for Sportsfest 2002 to be held at the Tennis Center on March 23, 2002 from 10z00 a.m. until
11 zOO p.m., seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer
- Yes. Said motion passed with a 5 to 0 vote.
9.F. NAMING RIGHTS/DELRAY BEACH TENNIS CENTERz Consider
authorizing negotiation of an agreement with The Superlative Group, Inc. Consultants Inc. to
act as a Non Exclusive Agent for the City of Delray Beach to sell naming rights for the Delray
Beach Tennis Center.
The City Manager stated there has been a lot of discussion about when to go
forward with this. The City Manager stated experts indicate that the economy is going to be
turning around mid-year (3rd quarter) and he would like to be in a position to be able to move
forward with this. The City Manager stated staff is not asking to award the contract but is
requesting the authority to negotiate a deal with the vendor who staff feels is the best. The City
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02/05/02
Manager this will take time to get the preparations made for the actual selling of naming rights.
Mr. Levinson stated he feels it would be appropriate to do some work in terms
of what the costs would be to convert the stadium to multi-use. Mr. Levinson stated the
stadium may have more value to a prospect if there are more things that go on there other than
tennis.
Mr. Perlman asked Mr. Levinson what he means by multi-use. In response, Mr.
Levinson stated it could be anything but more than likely would be entertainment events such
as boxing, etc. Mr. Levinson stated he does not feel we have to necessarily do them but feels
we should know what the events are.
Mr. Perlman moved approval to give staff the authority to negotiate a better deal
for naming rights consulting services, 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 Commission moved to Item ll.A., Comments and Inquiries
on Non-Agenda Items from the City Manager.
ll.A.
City Manager's response to prior public comments and inquiries.
With regard to a concern expressed about road closure for a special event on a
recent agenda where the street closure was not described, the City Manager stated since this
was not a new event but an annual event it was not described. The City Manager stated staff
will make sure this is done in the future.
With regard to a concern expressed about the Citrus Canker ordinance, the City
Manager stated the City has notified 700 businesses that need to come into compliance. The
businesses had until the 1st of the month to return the required signed affidavit and each
business will be given the appropriate number of decals. The City Manager stated all vehicles
are expected to be identified by the end of the month.
As far as notice to potentially affected neighborhoods about special events, the
City Manager stated what has been done over the last six months, if there is no street closure
required no notices have been sent. With regard to events on Atlantic Avenue between
Swinton Avenue and the Intracoastal there is no specific notice to any homeowners'
associations. However, the City has used the Citizens Watch for the geographical area covered
and has also sent letters to Parking License Agreement owners in this area so they could
arrange alternate parking queues, and have issued press releases. With regard to events on the
Old School Square grounds, the City Manager stated the City has not sent notices to anyone,
events on N.E. 2nd Avenue (Pineapple Grove Way) the City has used the Citizen Watch and
prepared press releases. On Atlantic Avenue between the Intracoastal and the ocean, the City
has utilized the Citizen Watch process and prepared press releases. The City Manager stated
the City failed to notify the homeowners' association for the January Art & Craft Festival and
for the Turkey Trot only residents along A-1-A were notified in advance. For the events on
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02/05/02
Atlantic Avenue west of Swinton Avenue, letters were sent to the homeowners' associations
north and south of Atlantic Avenue for the "Soul of Delray" event which will be held this
month. The City Manager stated the City will still use the Citizen Watch and press releases
and have also posted "No Parking - Street Closure" flyers for certain events on light poles.
The City Manager stated the City will enforce the procedure to be more consistent for notifying
homeowners' associations where there may be an impact to the neighborhood.
At this point, the Commission moved to Item 12, First Readings.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 4-02: An ordinance amending Chapter 53 of the Code of
Ordinances, Sanitary Sewers, to comply with the Department of Environmental Protection
regarding industrial pretreatment and sewage discharges. If passed, a public hearing will be
scheduled for February 19, 2002.
The City Manager presented Ordinance No. 4-02:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 53, "SANITARY SEWERS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING SECTION 53.001, "PURPOSE", TO PROVIDE A
REFORMATED VERSION; BY AMENDING SECTION
53.002, "POLICY AND SCOPE", TO PROVIDE AN
UPDATED POLICY; BY AMENDING SECTION 53.003,
"APPLICATION OF CHAPTER", TO ADD A PROVISION
ON THE ADMINISTRATION OF CHAPTER 53; BY
AMENDING SECTION 53.004 "DEFINITIONS", TO READ
"ABBREVIATIONS; DEFINITIONS", TO PROVIDE
NECESSARY ABBREVIATIONS AND DEFINITIONS; BY
AMENDING SECTION 53.005 "COMPLIANCE WITH
PROVISIONS OR MORE STRINGENT REGULATIONS", TO
CLARIFY THE REGULATIONS TO BE COMPLIED WITH;
BY AMENDING SECTION 53.006 "DISPOSAL OF SEWAGE
OTHER THAN THROUGH REGIONAL FACILITIES", BY
CLARIFYING WHICH FACILITY; BY AMENDING
SECTION 53.024 "CONNECTING PRIVATE SEWAGE
DISPOSAL SYSTEM TO PUBLIC SEWER", TO PROVIDE
FOR CONNECTION TO SEWAGE DISPOSAL SYSTEMS;
BY AMENDING SECTION 53.025 "COST OF MAKING
CONNECTION", TO CLARIFY WHO IS RESPONSIBLE FOR
THE COST OF CONNECTING TO THE SEWER SYSTEM;
BY AMENDING SECTION 53.050 "DISCHARGE OF
STORMWATER AND OTHER UNPOLLUTED DRAINAGE",
TO CLARIFY A DEF1NED TERM; BY AMENDING
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02/05/02
SECTION 53.051 "PROHIBITED DISCHARGES TO
SEWERS", TO PROVIDE FOR THE PROHIBITION OF
CERTAIN DISCHARGES; BY REPEALING SECTION 53.052
"DISCHARGE OF CERTAIN WASTES RESTRICTED", AND
ENACTING A NEW SECTION 53.052 "NATIONAL
CATEGORICAL PRETREATMENT STANDARDS", TO
PROVIDE FOR PRETREATMENT STANDARDS; BY
AMENDING SECTION 53.053 "PRETREATMENT,
EQUALIZATION OF WASTE FLOWS" TO CLARIFY
DEFINED TERMS; BY AMENDING SECTION 53.054
"INTERCEPTORS", TO CLARIFY THE USE OF
INTERCEPTORS BY CERTAIN BUSINESSES; BY
AMENDING SECTION 53.056 "ADMISSION OF
iNDUSTRIAL AND COMMERCIAL WASTE" TO CLARIFY
DEFINED TERMS; BY ENACTING SECTION 53.057 "OIL
AND GREASE MANAGEMENT AND SURCHARGE
PROGRAMS", TO PROVIDE FOR THE IMPLEMENTATION
OF THE OIL AND GREASE MANAGEMENT AND
SURCHARGE PROGRAMS; BY AMENDING SECTION
53.060 "COMPLIANCE", TO CLARIFY A DEFINED TERM;
BY AMENDING SECTION 53.063 "EXCESSIVE
DISCHARGE/WATER METER REQUIREMENTS", TO
CLARIFY DEFINED TERMS; BY AMENDING SECTION
53.064 "PREVENTION OF ACCIDENTAL DISCHARGES",
TO CLARIFY DEFINED TERMS; BY AMENDING
SECTION 53.065 "WRITTEN REPORT REQUIRED
DESCRIBING CAUSE OF DISCHARGE", TO CLARIFY
DEFINED TERMS; BY AMENDING SECTION 53.067
"NOTIFICATION OF THE DISCHARGE OF HAZARDOUS
WASTES", TO CLARIFY DEFINED TERMS; BY
AMENDING SECTION 53.080 "COMPLIANCE DATE
REPORT", TO CLARIFY DEFINED TERMS; BY
AMENDING SECTION 53.081, "PERIODIC COMPLIANCE
REPORTS", TO READ "REPORTING REQUIREMENTS", TO
PROVIDE ADDITIONAL REPORTING REQUIREMENTS;
BY AMENDING SECTION 53.082, "INSPECTION AND
SAMPLING", TO PROVIDE FOR ADMINISTRATIVE
INSPECTION WARRANTS IN APPROPRIATE CASES; BY
AMENDING SECTION 53.083, "iNFORMATION AND
DATA TO BE MADE AVAILABLE", TO PROVIDE
ADDITIONAL iNFORMATION REQUIREMENTS; BY
ENACTING SECTION 53.084, "ANALYTICAL
REQUIREMENTS", TO PROVIDE FOR POLLUTANT
ANALYSES; BY ENACTING SECTION 53.085, "SAMPLE
COLLECTION", TO PROVIDE SAMPLING TECHNIQUES
FOR DISCHARGES; BY REPEALING SECTION 53.100,
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02/05/02
"SPECIAL PERMIT REQUIRED; TERM", AND ENACTING
A NEW SECTION 53.100 "PERMIT REQUIREMENTS", TO
PROVIDE FOR PERMIT REQUIREMENTS; BY REPEALING
SECTION 53.101, "APPLICATION FOR PERMITS", AND
ENACTING A NEW SECTION 53.101 "PERMIT
APPLICATIONS", TO PROVIDE FOR ADDITIONAL
iNFORMATION FOR PERMIT APPLICATIONS; BY
ENACTING SECTION 53.102, "PERMIT
ADMINISTRATION", TO PROVIDE PROCEDURES
APPLICABLE TO THE DISCHARGE PERMITS;
AMENDING SECTION 53.130, "USER CHARGE S;
WHOLESALE SEWER RATES; CALCULATION OF SEWER
SURCHARGE", TO PROVIDE FOR A REVISED SEWER
SURCHARGE LEVELS AND TO CLARIFY DEFINED
TERMS; BY AMENDING SECTION 53.140 "RIGHT TO
ENTER PREMISES AND OBTAIN INFORMATION
CONCERNING DISCHARGES", TO CLARIFY DEFINED
TERMS; BY AMENDING SECTION 53.141 "SUSPENSION
OF WASTEWATER TREATMENT SERVICE; NOTICE TO
STOP DISCHARGE; FAILURE TO COMPLY", TO CLARIFY
DEFINED TERMS; BY AMENDING SECTION 53.150,
"NOTIFICATION OF VIOLATIONS", TO READ
"NOTIFICATION OF VIOLATIONS; CONSENT ORDERS",
TO PROVIDE FOR CONSENT ORDERS AS A REMEDY
FOR NONCOMPLIANCE; BY AMENDING SECTION 53.152
"SHOW CAUSE HEARING", TO CLARIFY DEFINED
TERMS; BY AMENDING SECTION 53.154 "RETENTION
OF RECORDS REQUIRED" TO CLARIFY A DEFINED
TERM; BY ENACTING SECTION 53.155, "AFFIRMATIVE
DEFENSES TO DISCHARGE VIOLATION" TO PROVIDE
CERTAIN AFFIRMATIVE DEFENSES FOR A DISCHARGE
VIOLATION; BY AMENDING SECTION 53.500
"ENFORCEMENT PLAN", TO CLARIFY DEFINED TERMS;
BY AMENDING SECTION 53.999 "PENALTIES", TO
CLARIFY A DEFINED TERM; AMENDING CHAPTER SIX
"INFRASTRUCTURE AND PUBLIC PROPERTY", OF THE
LAND DEVELOPMENT REGULATIONS, BY AMENDING
SECTION 6.1.11 "SEWER SYSTEM", TO PROVIDE
REFERENCE TO CHAPTER 53 OF THE CODE OF
ORDINANCES; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 4-02 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
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02/05/02
Mrs. Archer moved to approve Ordinance No. 4-02 on FIRST 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.
13.
Comments and Inquiries on Non-Agenda Items.
13.A. City Mana;~er.
The City Manager stated there is a County-wide Education Commission and
Ken Schultz had been the League's representative and has been replaced by Jamie Titcomb.
Secondly, the City Manager stated earlier this month Commissioner Masilotti's
father passed away and suggested that the Commission may want to send him a sympathy card.
The City Manager stated the City met with the County recently about the
parking for the library. The County has gotten to the point in the design where it is clear that
there is not going to be any extra space in the two levels they plan to build. The City Manager
stated the City has asked the County to give the City the cost for securing the foundation for
adding a third level. The City Manager stated the County is talking about trying to start the
project in November although he feels this is a little optimistic. Nevertheless, the City
Manager stated the project is moving along and part of it is the agreements between the City,
the library, and the County on how this is going to work.
Mr. Levinson asked if the two levels include parking for the library. In
response, the City Manager stated there are 170 spaces for the library and there are
approximately 400 spaces for the Courthouse. Mr. Levinson asked if the City is intending to
negotiate that the City or library will have use of those spaces during off hours i.e. when
Courthouse is closed. The City Manager stated there is still the same underlying agreement
that is there now for the surface part. The City Manager stated one thing that is being
negotiated is the agreement currently does not allow the City to charge for the parking.
Therefore, the City Manager stated the City has asked the County to make a specific exemption
for the professional tennis tournament which is a week long event. Because this is week long
event, the City Manager stated the City has to staff it to keep people from parking there while
the Courthouse is conducting business so the County Commission will ultimately need to
approve this and will need to allow the City to charge $7.00 for parking for this event.
13.B. City Attorney.
The City Attorney had no comments or inquiries on non-agenda items.
13.C.
13.C.1.
City Commission.
Commissioner Archer
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02/05/02
Mrs. Archer stated she would like to revisit or take some measurement of how
successful the change in the dog walking ordinance has been on the beach. She would like the
City to evaluate this to see how effective the change in the ordinance has been.
Secondly, Mrs. Archer commented that she received word from individuals
from the Chamber of Commerce regarding a potential conflict the weekend of the Delray
Affair and the use of the tennis stadium the same weekend Venus and Serena Williams will be
here. Mrs. Archer stated she understands that this was necessary to do this in order to maintain
the venue at the tennis stadium. Mrs. Archer feels it is important to make note of this so that it
may not happen again. Mrs. Archer stated she spoke to the City Manager regarding this who
indicated that it was unavoidable this year. The City Manager stated the City will do
everything in its power to prevent this from happening again.
Mrs. Archer stated she was very proud that Delray Beach was one of only a few
cities to hold a Martin Luther King celebration.
13.C.2.
Commissioner Perlman
Mr. Perlman stated at the CRA meeting last week, the members of the CRA
discussed a need for a comprehensive parking strategy. Mr. Perlman stated the members felt
the City is making strides in doing things with the Presbyterian Church lot and is pleased with
the progress. However, Mr. Perlman commented the members are still looking for a more
comprehensive look at the parking issues. Mrs. Archer commented that this is underway by
the Parking Management Advisory Board and Scott Aronson, Parking Management Specialist.
Mr. Perlman stated the last couple of weeks he has attended the green market
and walked around the downtown at various times and commented how thrilled he is to see so
much activity downtown. Mr. Perlman stated he is so impressed with what he has seen in
terms of activity in the downtown area and feels the City should be quite proud.
Mr. Perlman thanked the City staff for their concern and condolences over the
loss that his family sustained Sunday morning. He extended a special thanks to Jim Tabeek,
Charlie Stravino, Chief Koen, and Dolores Rangel for coming to the hospital and for all the
telephone calls he has received. Mr. Perlman commented his father is still in critical condition
and thanked everyone for their prayers and thoughts.
13.C.3.
Mayor Schmidt
Mayor Schmidt stated as Commissioner Perlman pointed out at the Regular City
Commission Meeting of January 8, 2002 about doing some follow-up with the CRA after the
Joint Planning Session, Mayor Schmidt stated he had a meeting approximately a week ago with
Diane Dominguez, Lamar Shuler, John Weaver, and Rosalind Murray just to make sure
everyone is on the same page where the City is going with this.
Secondly, the West Atlantic Avenue Redevelopment Coalition (WARC) is on
target to have their budget requests in by May so that it can be part of the City's budgetary
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02/05/02
process. Mayor Schmidt stated the CRA is having some neighborhood meetings later this
month and they will be coming to the City in March to report on this and their community
outreach strategy in which the City has requested them to do. Mayor Schmidt stated there is a
six-month follow-up in the plan and there has been some discussion about the idea of having a
working lunch one day with the three Boards to get an update.
Mayor Schmidt stated since he did not get the chance at the Annual Town Hall
Meeting, he would like to take the opportunity now to compliment staff and feels the Annual
Report turned out very well.
Mayor Schmidt stated he has been invited to participate in the Annual Meeting
of the Rubin Askew Institute of Government at the University of Florida in Gainesville.
13.C.4.
Commissioner McCarthy
Ms. McCarthy commented that the last Palm Beach County Black Elected
Officials Meeting was held at Theresa LePore's new building on Military Trail and Ms. LePore
made them aware of the fact that for absentee ballots a scanner system will be used and
directions are already in Spanish. Ms. McCarthy stated for the fall election the directions will
be in Creole as well.
Secondly, Ms. McCarthy stated for the month of February they will be going to
different churches throughout Palm Beach County in honor of Black History Month. On
February 17th' Ms. McCarthy stated the Supervisor of Elections will be at Lake Ida Church of
Christ located at 1300 Lake Ida Road with the new voting equipment. After the church
session, Ms. LePore will be there with the voting machines as well. Ms. McCarthy stated
people who were not able to come to City Hall this evening will have another opportunity to
practice with the new voting equipment on Sunday afternoon from approximately 12:00-2:30
p.m.
Ms. McCarthy stated Scott Maddox showed up at the Palm Beach County Black
Elected Officials Meeting and announced that he is going to run for Attorney General.
Ms. McCarthy stated she sat in on a West Settlers Association Meeting and
under the La France Hotel the association has taken the position that in their historic district at
this time they would prefer using something other than a transitional housing place for this
landmark building. Ms. McCarthy stated the West Settlers Association will be having
additional meetings with regard to this.
Ms. McCarthy commented on the Delray Rocks and stated for many years they
have groomed young people and have won trophies year after year showing they have been
champions. Ms. McCarthy stated this year prior to their Daytona trip the members of the
Delray Rocks were strapped for funds. She asked if there is something that this organization
can do differently so they do not incur this stress which impacts these young people who work
so hard throughout the year to get to the championships thinking that they will not be able to
attend the championships because of financial endeavors.
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02/05/02
The City Manager stated the City provides the transportation and in the bus
leasing budget, it includes leasing buses to transport the Delray Rocks to their games. The City
Manager stated the Delray Rocks had trouble raising money for meals and overnight stays
which the City has never funded.
With regard to the Annual Martin Luther King Walk and Celebration, Ms.
McCarthy stated a group know as the "Masons" out of the Masonic Halls and Temples came
from as far as Belle Glade to participate in the walk and feels this is a fine indication of our
leadership. Ms. McCarthy stated she is not sure if any follow-up has been done to thank our
local chapters and noted former Commissioner Weatherspoon is part of that organization.
Furthermore, Ms. McCarthy stated she was truly impressed with the fact that the "Masons"
traveled so far to be a part of the celebration.
13.C.5.
Commissioner Levinson
With regard to the Annual Report, Mr. Levinson stated it was great and the City
should be very proud. He congratulated all the staff who worked on the Annual Report.
Secondly, Mr. Levinson stated he watched a tape of the tribute to New York
City because of the 9-11 disaster. Mr. Levinson commented that Delray Beach received
national attention in a good way at this event held at Madison Square Garden. Mr. Levinson
stated his college roommate, who is a New Yorker, informed him everyone is talking about
living in Delray because of the downtown and sense of community. Mr. Levinson stated the
fame of Delray extends beyond the walls of Palm Beach County and feels Delray Beach should
be very proud.
Mr. Levinson stated he was very proud that the City of Delray Beach was one of
only three cities in Palm Beach County who celebrated Martin Luther King Day.
at 8:45 p.m.
There being no further business, Mayor Schmidt declared the meeting adjourned
City Clerk
ATTEST:
MAYOR
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02/05/02
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 February 5,
2002, 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.
-35-
02/05/02
The City Manager stated the City provides the transportation and in the bus
leasing budget, it includes leasing buses to transport the Delray Rocks to their games. The City
Manager stated the Delray Rocks had trouble raising money for meals and overnight stays
which the City has never funded.
With regard to the Annual Martin Luther King Walk and Celebration, Ms.
McCarthy stated a group know as the "Masons" out of the Masonic Halls and Temples came
from as far as Belle Glade to participate in the walk and feels this is a fine indication of our
leadership. Ms. McCarthy stated she is not sure if any follow-up has been done to thank our
local chapters and noted former Commissioner Weatherspoon is part of that organization.
Furthermore, Ms. McCarthy stated she was truly impressed with the fact that the "Masons"
traveled so far to be a part of the celebration.
13.C.5.
Commissioner Levinson
With regard to the Annual Report, Mr. Levinson stated it was great and the City
should be very proud. He congratulated all the staff who worked on the Annual Report.
Secondly, Mr. Levinson stated he watched a tape of the tribute to New York
City because of the 9-11 disaster. Mr. Levinson commented that Delray Beach received
national attention in a good way at this event held at Madison Square Garden. Mr. Levinson
stated his college roommate, who is a New Yorker, informed him everyone is talking about
living in Delray because of the downtown and sense of community. Mr. Levinson stated the
fame of Delray extends beyond the walls of Palm Beach County and feels Delray Beach should
be very proud.
Mr. Levinson stated he was very proud that the City of Delray Beach was one of
only three cities in Palm Beach County who celebrated Martin Luther King Day.
at 8:45 p.m.
There being no further business, Mayor Schmidt declared the meeting adjoumed
City Clerk
ATTEST:
MAYOR
-34-
02/05/02
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 February 5,
2002, 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.
-35-
02/05/02