04-16-02APRIL 16, 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, April 16, 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
City Attorney Susan A. Ruby
City Clerk Barbara Garito
2. Dr. Gloria Johnson, Chairman of the Executive Board with First Church of Christ
Scientist delivered the opening prayer.
The Pledge of Allegiance to the flag of the United States of America was given.
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AGENDA APPROVAL.
Mayor Schmidt stated Environmental Services has requested that Item 8.E.,
Change Order No. 3/Final Payment/Florida Blacktop, Inc. be pulled from the Consent
Agenda.
Mayor Schmidt noted the addition of Item 9.J., Request for Funding/Haitian
American Community Council, Inc. to the Regular Agenda by addendum.
With regard to Item 12.A. Ordinance No. 13-02, Mayor Schmidt stated he
received a request from the applicant that this item be postponed to a date certain with the first
reading to be held on May 7, 2002 and the second reading to be held on May 28, 2002.
Mr. Perlman moved to approve the Agenda as amended including the
postponement of Item 12.A. to the date certain of May 7, 2002, 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.
5. APPROVAL OF MINUTES:
Mrs. Archer moved to approve the Minutes of the Annual Organizational Meeting
of March 28, 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.
Mr. Levinson moved to approve the Minutes of the Special Meeting of April 9,
2002, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Levinson
- Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 3 to 0 vote (Ms.
McCarthy and Mrs. Archer absent).
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PROCLAMATIONS:
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Bernard
Recognizing and commending Jewish War Veterans National Commander-
Becker
Mayor Schmidt read and presented a proclamation hereby recognizing and
commending National Commander Bernard Becker for his many and varied accomplishments,
and congratulate him on his achievements as a fine example of a dedicated American. Mayor
Schmidt stated National Commander Bernard Becker will be visiting Boca Raton in the very
near future.
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Bicycle Month - May 2002
Mayor Schmidt read and presented a proclamation to Mr. Jim Smith hereby
proclaiming the month of May 2002 as Bicycle Month in Delray Beach and urge all who support
bicycling to participate in bicycle events planned during the month. Mr. Smith came forward to
accept the proclamation.
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Civility Month - May 2002
Mayor Schmidt noted a proclamation proclaiming May 2002 as Civility Month in
Delray Beach.
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PRESENTATIONS:
7.A. 13th Annual Del-Aire/Delray Citizens for Delray Police - Charities Golf
Tournament to benefit Delray Beach Fire Rescue and Police Departments.
Perry DonFrancisco, owner of Boston's Restaurant, stated the residents of Del-
Aire recently hosted their 13th Annual Charity Golf Tournament and for thirteen years the
proceeds of this tournament have been used to benefit the Delray Beach Fire Rescue and Police
Departments. Mr. DonFrancisco stated the generosity of the Del-Aire residents has allowed the
City the opportunity to purchase many life saving and crime fighting pieces of equipment that
otherwise the City would be unable to purchase because of budget limitations. The Del-
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Aire/Delray Citizens for Delray Police Golf Tournament has been responsible for a lengthy list
of items. Recently, proceeds have been utilized to provide and purchase thermal imaging
cameras and Automatic External Defibrillators (AED) which are located in public buildings and
also in Police and Fire vehicles.
At this time, Mr. DonFrancisco introduced the following individuals:
George Garrring
Mel Levinson the President of the Del-Aire Country Club
Jay Felner and Dan Burnheim, Co-Chairs of the charity
George Garring~ Chair of the event~ stated it was a great honor and privilege
and is looking forward to continuing this charity event.
Mel Levinsom President of the Del-Aire Country Club~ stated on behalf of the
members of the Del-Aire County Club he is pleased to announce that this year they raised
$41,500 for a thirteen year total of over $300,000. Mr. Levinson stated $9,100 will go to the
Delray Citizens for Delray Police, $16,000 each to the Fire Department/Fire Rescue and $16,000
to the Police Department.
Russ Accardi~ Division Chief/Fire Department~ stated as Mr. DonFrancisco
mentioned, there has been a lot of different equipment that the Del-Aire community has been
able to provide to the department, one in particular is the thermal imaging camera. Mr. Accardi
stated the entire department was trained on how to use the camera in some buildings that the Fire
Department was able to use to do some burn training. Mr. Accardi stated after approximately the
first week the cameras were in service there was an 18 month old pulled out of a duplex fire and
was located by a firefighter who had been trained previously on how to use the camera and who
stated he otherwise would not have seen the child by just scanning the duplex. Mr. Accardi
stated the child was in an adjacent duplex to the duplex that was involved in fire and had been
left there as the parents had exited to see what was happening in the street. Mr. Accardi stated
this is only one example of how the thermal imaging cameras are a great benefit to the citizens of
the City and stated the Fire Department appreciates the support of the Del-Aire community.
On behalf of the City, Mayor Schmidt thanked Mr. DonFranciso and members of
the Del-Aire community for their extraordinary contributions to the City.
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CONSENT AGENDA: City Manager Recommends Approval.
g.A.
ACCEPTANCE OF RIGHT-OF-WAY DEDICATION/FORMAN OFFICE:
Acceptance of right-of-way dedication associated with Forman Office Building, located on the
west side ofN.E. 1st avenue, between N.E. 3rd Street and N.E. 4th Street (334 N.E. 1st Avenue).
8.B. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2002-01:
Formally initiate Comprehensive Plan Amendment 2002-01 pursuant to Section 9.2.1 of the
Land Development Regulations.
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8.C. FEC RAILWAY AGREEMENT: Approve the agreement between the City of
Delray Beach and FEC Railway for the construction and maintenance of the railroad crossing
and crossing signals for NE 8th Street.
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RATIFICATION OF PERFORMANCE MEASURES FOR GOLF
COURSES AND TENNIS FACILITIES: Approve proposed performance measures for FY
2001-2002 for the Municipal Golf Course, Lakeview Golf Course, and Tennis facilities.
8.E. CHANGE ORDER NO. 3/FINAL PAYMENT/FLORIDA BLACKTOP,
INC.: Approve Change Order No. 3 in the amount of $15,781.36 and final payment in the
amount of $56,229.52 to Florida Blacktop, Inc. for completion of SE/SW Area Infrastructure
Improvements Project. Funding is available from 370-3162-541-65.45 (2000 Roadway Bond
SE/SW Area).
8.F. CONTRACT ADDITION/CHAZ EQUIPMENT, INC.: Approve a Contract
Addition (C.O. #1) to the N.E. 4th Street Widening Project in the amount of $66,800.00 to Chaz
Equipment, Inc. to add wet well rehabilitation at Lift Station seventeen (17) and access hatch
replacement. Funding is available from 442-5178-536-61.83 (Lift Station Rehabilitation).
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CHANGE ORDER NO. 3/FINAL PAYMENT/MURRAY LOGAN
CONSTRUCTION, INC.: Approve Change Order No. 3 in the amount of $2,464.00 and final
payment in the amount of $83,262.00 Murray Logan Construction, Inc. for the Rehabilitation of
Lift Station 31 project. Funding is available from 442-5178-536-61.83 (Lift Station
Rehabilitation).
8.H. SERVICE AUTHORIZATION NO. 5.1/CH2M HILL: Approve Service
Authorization No. 5.1 in the amount of $192,007.00 to CH2MHILL for final design and
permitting of the Anion Exchange water treatment project. Funding is available from 442-5178-
536-63.87 (Anion Exchange Project).
8.I. RESOLUTION NO. 32-02: Approve Resolution No. 32-02 assessing costs for
abatement action required for the emergency board-up of an unsafe structure located at 821 S.W.
10th Avenue.
The caption of Resolution No. 32-02 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
ARTICLE 7.8, "UNSAFE BUILDINGS",
DEVELOPMENT REGULATIONS OF
DELRAY BEACH, AS SES SING
ABATEMENT ACTION REGARDING
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
PURSUANT TO
OF THE LAND
THE CITY OF
COSTS FOR
AN UNSAFE
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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. 32-02 is on file in the City Clerk's office.)
8.J. RESOLUTION NO. 33-02: Approve Resolution No. 33-02 assessing costs for
abatement action required for the emergency board-up of an unsafe structure located at 301 S.E.
6th Avenue.
The caption of Resolution No. 33-02 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8,
"UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH,
ASSESSING COSTS FOR ABATEMENT ACTION REGARDING
AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE
CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION;
PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID
LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR
UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF
NOTICE.
(The official copy of Resolution No. 33-02 is on file in the City Clerk's office.)
8.K. RESOLUTION NO. 34-02: Approve Resolution No. 34-02 assessing costs for
abatement action required to remove nuisances on twelve (12) properties throughout the City.
The caption of Resolution No. 34-02 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
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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. 34-02 is on file in the City Clerk's office.)
8.L. RESOLUTION NO. 35-02: Approve Resolution No. 35-02 assessing costs for
abatement action necessary to remove junked and/or abandoned vehicles from four (4) properties
within the City.
The caption of Resolution No. 35-02 is 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 CO ST S;
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; PROVIDING FOR THE
MAILING OF NOTICE OF LIEN.
(The official copy of Resolution No. 35-02 is on file in the City Clerk's office.)
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MOVED TO THE REGULAR AGENDA AS ITEM 9.1.
8.N. HOUSING REHABILITATION GRANT\CONTRACT AWARD: Approve
Housing Rehabilitation grant\contract award through Community Development Division in the
amount of $25,000.00 to Henry Haywood (514 S.W. 15th Avenue). Funding is available from
118-1963-554-49.19 (SHIP Housing Rehabilitation Grant).
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REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period April 1,
2002 through April 12, 2002.
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AWARD OF BIDS AND CONTRACTS:
Lease award to Saturn of Delray in the amount of $7,685.72 for FY 2002,
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($73,014.34 total lease) for seven (7) vehicles to be leased for thirty-eight
(38) months and used for the Police Department Volunteer Program.
Funding is available from 001-2113-521-44.40 (Vehicle Rental/Lease).
Ms. McCarthy moved to approve the Consent Agenda as amended, 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.
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REGULAR AGENDA:
9.A. WAIVER REQUEST/COMBINATION OF ADJOINING LOTS: 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 6, Block 1, Del-Ida
Park, located on the north side of NE 7th Street, approximately 160' east of North Swinton
Avenue. Quasi-Judicial Hearing
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.
The City Attorney invited anyone from the public who wishes to address the
Commission regarding the waiver, to please step forward at this time and be sworn in by the City
Clerk.
testimony.
Barbara Garito, City Clerk, swore in those individuals who wished to give
Jeff Costello, Principal Planner, entered the Planning and Zoning project file
#2002-106 into the record.
The proposal involves a waiver to a lot located on the north side ofN.E. 7th Street
east of Swinton Avenue. The request is a waiver to allow the development of Lot 6, Block 1 of
DeMda Park, a vacant lot that does not currently meet the minimum requirements of 75 feet
width or the minimum square footage of 9,500 square feet. The lot measures just 50 feet x 120
feet and is 6,000 square feet in area. LDR Section 4.1.4(C) requires that if two (2) or more
adjoining lots of record are under the same ownership they shall not be developed except in
accordance with the minimum frontage and the lot area requirements. However, the intent of
this request is to allow the lot to be aggregated with the adjacent 50 foot lot to the east.
At its meeting of February 20, 2002, the Historic Preservation Board reviewed the
waiver request for Lot 6, Block 1 and voted unanimously (6-0) to recommend approval of the
waiver request. Mr. Costello stated the Board felt that the approval of the waiver request to
allow the development of a non-conforming lot would be consistent with the development
patterns in the DeMda Park Historic District.
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There being no one else who, having been duly sworn, wished to address the
Commission, the public hearing was closed.
Mayor Schmidt referenced a comment made in the Planning and Zoning Staff
Report which reads "Approval of the waiver would allow a structure to be built on the site
adjacent to the owner's current residence at 5 N.E. 7th Street (Lot 5, Block 1 DeMda Park).
However, the intent of this request is to allow the lot to be aggregated with the adjacent 50 foot
lot to the east" and commented that the aerial photo shows that this lot already has a home on it.
Mr. Costello stated the adjacent property owner would like to keep this vacant and is discussing
the possibility of the neighbor keeping it as their yard. However, Mr. Costello stated there is a
possibility that the property could be sold and developed for a single-family home.
The applicant came forward and stated her neighbors want to buy the lot and they
plan to landscape the lot (east of the vacant lot). In addition, she stated there are no plans to
build a single-family home. However, she would need this to be a buidable lot for the value of it
in order to sell it.
Mayor Schmidt stated if this is the intent and there is not going to be any
development on the lot, he asked why the Unity of Title is not being required? In response, the
City Attorney stated the applicant has requested a buildable lot for the value and a Unity of Title
would prevent this unless released at some later date.
Ms. McCarthy explained that the reason she will second the motion is because
there are other lots in the neighborhood that have 50-foot frontages as well. Ms. McCarthy
clarified that she is supporting this and is not motivated because the applicant wants the value of
the property to be a designated lot.
Mr. Perlman moved to approve the waiver request, seconded by Ms. McCarthy.
Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes;
Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0
vote.
9.B. SUPPORT OF U.S. POST OFFICE/DOWNTOWN DELRAY BEACH:
Consider a request from Pineapple Grove Main Street, Inc. to support retaining a full-scale, retail
post office in Pineapple Grove that serves downtown Delray Beach.
Glenn Weis, Program Manager of Pineapple Grove Main Street, noted a
correction to the memo and stated the US Post Office is loosing its lease as of Mcly 31, 2002.
The Post Office is most concerned about the availability of finding a location for retail and
distribution. Mr. Weis urged the Commission to support that the Post Office maintains a full-
scale 3,000-5,000 square foot regular retail post office in downtown Delray Beach to provide
post office box and other services.
Morgan Russell, owner of the Esplanade in Pineapple Grove, stated a group of
representatives from the Post Office in Atlanta and locally tried to address this crisis situation.
Mr. Russell explained the lease expires and the existing Post Office is under contract with no
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intention of maintaining that usage. Mr. Russell stated they reviewed the property and indicated
that it met their minimal requirements in terms of parking, pedestrian friendliness, and that it is
centrally located in the City. Mr. Russell stated after speaking to representatives daily, their first
choice is to relocate the entire facility someplace that is essentially inaccessible for pedestrian or
local traffic downtown. Mr. Russell stated there is a bridge loan required under the existing lease
and commented he would be available to provide that assistance in the six to nine months it may
take for the Post Office to go through the bureaucracy for a retail Post Office. Mr. Russell
stated the Post Office is intending to find a 3,000-5,000 full service retail location.
Mr. Weiss stated he asked Mr. Russell to attend this evening because the space
available at Pineapple Grove is the only space that he has been able to identify. Mr. Weiss stated
without strong action to Mr. Bland, Supervisor for decision making in Atlanta, he feels they will
just make a decision that is just about where they could find square footage at a price they could
pay in three weeks.
Discussion by the Commission followed.
Mayor Schmidt stated he feels it would be a great loss to Pineapple Grove and the
downtown area if the Post Office were to relocate. He commented that many people downtown
utilize the Post Office.
Mr. Perlman stated there are no questions that this is a priority and is disappointed
to hear that the owner of the current site would not want to deal with a government entity
because he felt he would be subject to government rules on everything he owned. Mr. Perlman
stated he feels it is a high priority to have a Post Office downtown and Pineapple Grove would
be his first choice. Mr. Perlman asked if the 5,000 square foot facility was available without the
distribution, would they entertain that. In response, Mr. Russell stated the Post Office is looking
for an easy solution and he could provide the retail location for them in addition to the "bridge
lease" component.
Mrs. Archer stated she is in favor of keeping the Post Office in Pineapple Grove
and feels it is imperative that the City does everything it can to maintain it. Mrs. Archer
expressed concern that the Post Office would relocate the retail operation and that it may not be a
permanent move. Furthermore, Mrs. Archer expressed concern that the Post Office would still
consider moving the facility down the road and that the City would be in jeopardy of loosing it
no matter what. Therefore, Mrs. Archer stated if there is anything the City can do to express a
desire to maintain it for a long-term basis, she would certainly be in favor of doing this.
Mr. Russell stated if the lease cannot be resolved at the current location, a 3,000-
5,000 square foot space does not exist on Pineapple Grove Way. This space could satisfy the
requirements of a rental post office, but the handling facility of 15,000 square feet would need to
be relocated to another location.
Mr. Weiss stated part of the deal is they were asking if he would be a candidate to
build-out their store and commented that the term of the lease is for a minimum often years.
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Ms. McCarthy stated usually when someone looks for space they have packet of
what is required in their lease and asked Mr. Russell if the Post Office has provided this. In
response, Mr. Russell stated this has not been provided and continued to state that he does not
have the constraints of someone that has 1,000 employees or someone that has other interlocking
types of responsibilities.
Mayor Schmidt asked the City Attorney if the Commission can give direction to
approve a resolution based on what has been recommended by Pineapple Grove without actually
voting on the resolution or would a letter be more appropriate? The City Attorney recommended
that Mayor Schmidt draft a letter in a format that meets the resolution format.
Ms. McCarthy commented that recently in the media the Post Office has been
addressing the fact that they are pulling the mail boxes off the streets because people are not
using them. Therefore, Ms. McCarthy stated people now have a tendency of wanting to
physically go to the Post Office. Ms. McCarthy stated another reason she would like to address a
letter versus a resolution is because they may not be aware of the fact that the City are bringing
more people to the downtown area and why keeping it at this location may be more feasible
versus moving it further south or further north.
Mr. Perlman suggested that Congressman Alcee L. Hastings and Congressman
Robert Wexler be notified to see if they can use their leverage to help. In addition, Mr. Levinson
suggested contacting Congressman E. Clay Shaw, Jr. as well.
Mayor Schmidt suggested that a letter be drafted for his signature that
incorporates their recommendations as well as some of the points that were raised by
Commissioner McCarthy. In addition, Mayor Schmidt suggested that separate letters be drafted
at the same time and sent to the Congressmen.
Mr. Perlman moved to approve supporting Pineapple Grove to keep the Post
Office downtown, 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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PARTICIPATION IN THE MUNICIPAL PUBLIC SAFETY
COMMUNICATIONS CONSORTIUM: Consider adopting a resolution for the $12.50 traffic
monies to be provided to the Municipal Public Safety Communications Consortium.
The City Manager stated the City received a request from the Municipal Public
Safety Communications Consortium that the City commit $12.50 the City receives for traffic fine
monies over a ten year period. The City Manager stated staff has examined the costs versus
continuing with the current system and using the County's data system which is under
development. The City Manager stated there is a significant financial advantage for the City to
keep its own system and he recommends that the Commission not adopt the resolution.
Mr. Levinson commented that at the Palm Beach County League of Cities
Meetings you need to opt in. He asked if the City needs to advise them before the deadline that
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the City is not opting in. In response, the City Manager stated he has responded to a survey
advising them that he was recommending that the Commission not pass the resolution and
withdraw from the Consortium and not continue as a member.
Mr. Perlman moved to not adopt the resolution for the $12.50 funds, seconded by
Mrs. Archer.
Mr. Levinson stated he would like to amend the motion to read that the City not
adopt the resolution for the $12.50 funds and that the City withdraw from the Consortium,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes;
Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said
motion passed with a 5 to 0 vote.
9.D CITRUS CANKER LAWSUIT PARTICIPATION: Consider a request for the
City of Delray Beach to participate in a lawsuit to challenge the new statute concerning citrus
canker with expenses to be shared with Broward County.
The City Attorney stated the City received a formal request to participate in the
Citrus Canker lawsuit. The City could limit the costs below the pro rata amount, if desired. Or,
the alternative would be to make an attempt to intervene as a party and assist with the legal
research.
Mayor Schmidt stated he feels the most cost effective way would be for the City
to assist with the litigation as opposed to actually intervene as a party.
Mr. Perlman stated he feels for symbolic reasons, it is important for the City to
participate.
Mr. Levinson stated this would also avoid the standing issue.
It was the consensus of the Commission to give direction to the City Attorney to
manage this in-house or within the department.
9.E METRON-FARNIER, LLC: Consider authorization to cancel the Metron-
Farnier contract for the large Touch Pad System water meters due to defectiveness and file suit to
recover a portion of the monies spent.
The City Attorney stated this is a contract for the large water meters and the
Public Utilities Department has had problems with the Touch pad System associated with the
large water meters purchased from Metron-Farnier, L.L.C.
Due to the defective technology, the City Attorney requests to file suit against
Metron-Farnier, L.L.C. if necessary.
Dick Hasko, Director of Environmental Services, stated it is his understanding
that other cities have experienced similar problems with the touch pad technology and are
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removing it. Mr. Hasko stated there is no other touch pad technology that is compatible with the
Metron meters.
Mr. Perlman asked if there are other cities pursuing legal action and asked if there
would be any savings to coordinate any legal action? In response, the City Attorney stated at this
point staff would like to file suit and explained this is a suit on a contract and every city has their
own contract.
Mr. Levinson moved to approve for the City to file suit against Metron-Farnier,
L.L.C., 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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PROPOSAL FOR SETTLEMENT IN FASHAW v. CITY OF DELRAY
BEACH: Consider acceptance of proposal for settlement subject to the receipt of appropriate
releases in the Fashaw v. City of Delray Beach case. Staff recommends acceptance.
The City Attorney suggested that the Commission accept the proposal for
settlement in the amount of $3,450.
Mrs. Archer moved to approve the proposal for settlement, 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.
9.G. 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 Mayor Schmidt (Seat #5).
Mayor Schmidt moved to appoint Samuel Resnick 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: 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.H. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one
(1) alternate member to the Code Enforcement Board for an unexpired term ending January 14,
2004. Based upon the rotation system, the appointment will be made by Commissioner
McCarthy (Seat #4).
Ms. McCarthy moved to appoint Andrew Youngross as an alternate member to
the Code Enforcement Board for an unexpired term ending January 14, 2004, 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.
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9.1. AUTHORIZATION TO CLOSE/BARWICK PROPERTIES: Consider
authorizing staff to close on Barwick properties parcel seventeen (17) and parcel eighteen (18).
The City Attorney stated the due diligence period for closing on Lot #17 and Lot
#18 expires April 17, 2002, and explained that there are some contamination issues with regard
to Lot 17.
Mr. Levinson moved to approve the authorization to close on the Barwick
properties, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman -
Yes. Said motion passed with a 5 to 0 vote.
9.J.
REQUEST FOR FUNDING/HAITIAN AMERICAN COMMUNITY
COUNCIL, INC.: Consider approval of the request for the City of Delray Beach to front funds
up to $10,000 for the Haitian American Community Council Caribbean-American Music
Festival to be held June 1, 2002 with reimbursement from Palm Beach County Commissioner
Addie L. Greene.
Karlie Richardson, Deputy Director with the Haitian American Community
Council, Inc. stated they are planning to hold a Caribbean-American Music Festival on June 1,
2002. Ms. Richardson stated she was informed by Ms. Addie L. Greene, Palm Beach County
Commissioner, that she does not have funding available at this time but would have funding
available in October. Therefore, Ms. Greene suggested that Ms. Richardson request the City of
Delray Beach to front the funds up to $10,000 with reimbursement from Palm Beach County
Commissioner Addie L. Greene.
Mr. Perlman moved to support the request for the City of Delray Beach to front
funds up to $10,000 for the Haitian American Community Council Caribbean-American Music
Festival to be held June 1, 2002, with reimbursement from Palm Beach County Commissioner
Addie L. Greene, 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:
None.
ll.A.
City Manager's response to prior public comments and inquiries.
With regard to a prior concern regarding tree removal in the Lane Subdivision, the
City Manager stated the City Horticulturist is working with the developer on the proper
procedures to remove or relocate trees on this property. A tree survey was submitted and a tree
removal permit was issued for the trees within the proposed access track. It was understood that
the trees on the individual lots would not be removed until the permits for the construction of the
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houses were submitted at which time the impact of the construction on the trees could be
evaluated. The City Manager stated unfortunately the developer decided to effectively remove
all the trees. The developer claims that some of the trees were relocated onto neighboring
properties at their request and that some of the Palms were taken to the landscape contractor's
nursery to keep them alive during construction. The developer paid a triple permit fee for trees
removed without a permit. With regard to the small lot sizes, the large house sizes, and the grade
changes, the City Manager stated it is unlikely that any of the trees would have been standing at
the end of the project.
Secondly, with regard to a prior concern expressed about the profile of the beach
after the Beach Renourishment Project, the City Manager stated the dredge contractor has been
contacted and is scheduled to reshape the slope of the newly constructed beach at the water's
edge to provide a more gradual slope. The City Manager stated with this modification it should
make it easier to keep the escarpments down. The beach will continue to form minor
escarpments until it reaches equilibrium in approximately 8-12 months. In addition, the City
Manager stated the City has ordered some temporary lifeguard stands so that the lifeguards can
see the edge of the water from the stand.
With regard to a concern expressed about sea turtles, the City Manager stated the
entire beach was not done and commented that if the beach were not renourished, there would
not be any beach for the turtles to nest on. The City Manager stated that hopefully the reshaping
will enable the sea turtles to get up were they need to go. If not, the City Manager stated this is
still essential for the long-term health of the turtle population.
With regard to a previous concern expressed by Mrs. Finst, the City Manager
stated she inquired about the possibility of having both a middle school and a high school on the
Atlantic High School campus. The City Manager stated this question was forwarded to the
School District and he received the following answer: "The demographics do not currently
support construction of two standard size high schools in the Delray area. The current Atlantic
site (east of Seacrest) is only 32 acres. A typical 1,800 to 2,000 seat high school with the
capacity to grow to 2,500 requires a minimum of 31 to 36 acres according to State requirements
for Educational Facilities (SREF) requirements. Adding a middle school to the equation is not
feasible. Even with a smaller 1,000 seat high school plus a 1,000 seat middle school, the
minimum acreage is 34 acres. Because the ancillary facilities, such as a stadium associated with
a comprehensive high school are costly, it is not cost effective to build two smaller high schools.
A second high school is not currently approved in the capital budget for the School District."
11.B. From the Public.
ll.B.1. Jim Smith~ 1225 S. Ocean Boulevard #202~ stated several bicycle experts and
ordinary cyclists are in attendance this evening to discuss the problems and dangers they face
every day while bicycling in Delray Beach. Mr. Smith urged the Commission to support hiring a
Bicycle Pedestrian Coordinator and take the next step towards bicycle pedestrian and people
friendliness by establishing a voluntary Citizens Bicycle and Pedestrian Advisory Board.
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ll.B.2. Pete Calvisi~ 1206 N.E. 2nd Avenue #2~ stated he rides his bike to work every day
traveling 2nd Avenue to Atlantic Avenue west to Congress Avenue then south to Lowson
Boulevard. He stated while traveling these roads on his bike he goes through three different
construction sites and encounters a lot of debris and glass. Mr. Calvisi stated he comes into near
misses and/or collisions approximately every 3-4 months and stated drivers do not see the
bicyclists when they ride on the sidewalk and therefore, is forced to ride in the street. He stated
Delray Beach is one of the most dangerous cities to ride a bike and feels more awareness needs
to be put on the drivers.
ll.B.3. Jayne King~ 3400 Place Valenca¥ in Chatelaine~ stated she would like to see
more emphasis on alternate forms of transportation in the City and feels there needs to be more
emphasis on the bicyclists and pedestrians as well as recreational things. In addition, Ms. King
agrees that the City should form a Citizens Bicycle and Pedestrian Advisory Board to discuss
ways that people could effectively live together with these alternative forms of transportation.
Ms. King reported that a child was killed on Barwick Road and urged the Commission to
consider scheduling a Workshop Meeting and form an Advisory Board to deal with these issues.
ll.B.4. Joy Riddell~ Florida Atlantic University in Fort Lauderdale~ expressed
concern over bike/pedestrian issues and encouraged the Commission to form an Advisory Board.
She feels the City will benefit not only with regard to the safety issues but economically as well.
ll.B.5. Wendell W. Phillips~ Senior Planner with the Metropolitan Plannin~
Organization (MPO) and also the Bicycle Pedestrian Coordinator for Palm Beach Count¥~
stated it is very important to organize a Bicycle Pedestrian Advisory Committee and to retain the
services of a person who is knowledgeable in the field as a Bicycle Pedestrian Coordinator. Mr.
Phillips stated they have created an overall county-wide bicycle plan and in the future a step
forward for the City of Delray Beach would be to create a bicycle/pedestrian plan.
Mayor Schmidt stated he understands there is a lot of grant money available from
the MPO for this. Mr. Phillips stated the TEA21 is an enhancement program which is federal
money from the State and provides enhancements to the transportation facilities. Mr. Phillips
offered his services to conduct a Workshop to discuss how this money can be approached.
Ms. McCarthy stated with regard to the TEA21 funds she noticed there are
different categories and asked if it is possible for the City to make a request in more than one
category in a fiscal year. In response, Mr. Phillips stated it is possible to make multiple
applications and the only restriction is the maximum amount going to any one community is
$500,000.
Mr. Levinson stated that there are a number of roads throughout the City which
are County roads and commented if Congress Avenue is a County road, why does it not have
bike paths and why did the County not provide that? In response, Mr. Phillips stated there are
some rights-of-way which are large enough to construct bike lanes while others are not. Mr.
Phillips stated there is literally not room within the right-of-way for the proper types of bike
facilities.
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4-16-02
Mrs. Archer commented in approximately three years A-1-A will be widened
from the County line through Boca Raton and bike paths installed at that time. Mrs. Archer
stated it is her understanding that when the widening begins to take place in Delray (the south
City line) there will also be the opportunity to perhaps put in bike paths then. Mrs. Archer asked
what happens to the land when it is quite limited. In response, Mr. Phillips explained that some
of A-1-A is done by easement and some was done many years ago and the right-of-way is very
constrained. Mr. Phillips stated there is literally no room to expand the pavement. One of the
solutions in some of the constrained right-of-way is to provide a bike lane that is of less than
normal width. Mr. Phillips noted that eventually there will be bike lanes up and down A-1-A of
one size or another.
ll.B.6. Michael Cantanzaro~ Chair of the Bicycle and Pedestrian Council to the
MPO~ stated he works at the Palm Beach County Health Department in Environmental Health
and Engineering in their pollution section and stated he has access to other coordinators. Mr.
Cantanzaro stated if the position of Bicycle Pedestrian Coordinator is approved he would be
more than happy to assist by holding a Workshop Meeting. Mr. Cantanzaro stated he is willing
to meet with everyone to see how this can get started so that it will expedite things for the
residents of Delray Beach.
ll.B.7. Alvin S. Weinsteim 200 MacFarlane Drive~ stated if the City is not able to hire
a Pedestrian Coordinator at this time, he urged the Commission to create a Citizens Advisory
Board. Mr. Weinstein discussed seven things a Citizens Advisory Board could do for the City of
Delray Beach.
ll.B.8. Leonard Goldsteim 5632 Willow Creek Lane~ stated several years ago he had
great difficulty in walking and went to several orthopedics who informed him that he would have
knee replacements in the not to distant future. Mr. Goldstein stated these doctors informed him
that the best exercise would be swimming and secondly biking. Mr. Goldstein commented that
he had double knee replacements and the rehabilitation stressed biking as a form of exercise to
strengthen the legs. Mr. Goldstein stated he and his wife ride their bikes in Boca because they
feel it is safer. Furthermore, Mr. Goldstein stated he lives in a community that has
approximately 50-60 people who own bicycles but they do not go out of the gated community
because they feel it is unsafe to ride a bike along Military Trail.
ll.B.9. Robert Kohm 1335-D N.W. 29th Avenue in Rainberrv Bay~ stated he rides his
bicycle approximately 100 miles a week to other towns. Mr. Kohn stated both north and south
on Congress Avenue and Military Trail has an approximate 4-foot bike path. He does not
understand why the rest of the roads with that width are not striped.
Secondly, Mr. Kohn expressed concern over the cement mixer trucks and the wet
cement droppings that harden. Mr. Kohn stated riding on his bike over these cement droppings
can be dangerous and suggested that the City get some sort of method to either have the cement
industry get their people out to clean it up or use some type of device so that the cement mixer
does not drop the wet cement especially where there is a bike path and at intersections.
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Mr. Kohn stated he feels it is not only school bus drivers who are not courteous or
cautious to bicyclists but Palm Tran bus drivers as well.
ll.B.10. Jim Salonic~ 7709 Hilltop Drive~ Lake Worth~ stated he is a member of the
West Palm Beach Bicycle Club and the serious cyclists see many roads and many parts of the
State of Florida. Mr. Salonic stated one of his bicycle rides goes around Lake Okeechobee to
Winter Haven to Daytona Beach and back to Boynton Beach. Mr. Salonic stated the most
dangerous place of any A-1-A community is Delray Beach and he feels the cyclists are being put
in an unsafe situation.
At this point, the time being 7:40 p.m., Mrs. Archer left the meeting.
ll.B.11. David Kraker~ 13690 Via Flora~ Chairman of the Bicycle Advisory
Committee for the West Palm Beach Bicycle Club and member of the Advisory Board for
Palm Beach County, stated Delray Beach is in great need of an Advisory Committee and a
Bicycle Coordinator. Mr. Kraker stated A-1-A is the primary route for so many cyclists and he
feels there is no east/west safe route in Delray Beach. Mr. Kraker emphasized that there is no
safe way of going from Military Trail east to A-1-A and feels this should be a major route for
cyclists in this area. He urged the Commission to seriously consider these proposals.
ll.B.12. Albert Richwagom 251 N.E. 17th Street~ Delray Beach~ expressed concern over
bicycle safety and stated Delray Beach is in need of more bike lanes, more education, and more
awareness. In addition, Mr. Richwagon stated Delray is also in need of bike racks that are user
friendly to encourage bike use in the downtown area. Mr. Richwagon urged the Commission to
support the request to make Delray Beach bicycle-friendly.
ll.B.13. Christian Bizzotto~ 300 N.W. 22nd Street~ Delray Beach~ expressed concern
over the dangers of riding a bicycle in the community and feels there needs to be a safer way to
ride a bicycle in Delray Beach. Furthermore, Mr. Bizzotto stated he was hit by a car while riding
his bike and lost a friend who was also hit by a car while riding his bike. Mr. Bizzotto urged the
Commission to do something about this serious issue because cyclists are taking a risk of getting
killed.
ll.B.14. John Bennett~ 137 Seabreeze Avenue~ on behalf of American Legion Post 65
and VFW Post 4141 presented the Commission with invitations to attend the Memorial Day
services on Monday, May 27, 2002. In addition, Mr. Bennett invited the Commission to attend
the Flag Day Service on June 14, 2002 at 7:30 p.m.
ll.B.15. Alice Finst~ 707 Place Tavant~ stated she was watching a program on television
this weekend and they had a film on the Haitian Patrol in Delray Beach. She commented that the
program was very complimentary to the City of Delray Beach.
Mrs. Finst thanked the City Manager for following up on her inquiry with regard
to having two high schools or a middle school and a high school on the Atlantic campus. Ms.
Finst commented about a letter the City Manager wrote to her in which he stated "the
demographics do not support the construction of two standard size high schools in the area."
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The current Atlantic site (east of Seacrest) is only 32 acres." Mrs. Finst stated she has a copy of
the appraisal which says that the east parcel is 35.86 acres and the west parcel is 4.37 acres
which is a total of 40.23 acres. Furthermore, Mrs. Finst stated the City Manager goes on to state
"A typical 1,800 to 2,000 seat high school with the capacity to grow to 2,500 persons requires a
minimum of 3 l to 36 acres"... Mrs. Finst stated the possibility of putting a middle school on that
land would also seem to be included because at present, the new requirements for a middle
school cannot exceed 700 persons. Ms. Finst continued to read the response from the City
Manager as to why there cannot be two smaller high schools "Because the ancillary facilities,
such as a stadium associated with a comprehensive high school are costly". In summary, Mrs.
Finst asked why does the City need this project and how is it going to bring our babies home?
ll.B.16. Luka Bizzotto~ 300 N.W. 22nd Street~ Delray Beach~ stated people speed in his
neighborhood at approximately 50 mph and the speed limit is posted at 25 mph. Mr. Bizzotto
asked if something could be done to help people slow down. Mayor Schmidt stated he will give
direction to the City Manager to get with the Police Department regarding this matter.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 13-02: An Ordinance amending the historic designation
adopted via Ordinance No. 70-89 for the "Fontaine Fox House" historic site located on the east
and west sides of Ocean Boulevard, south of George Bush Boulevard (610 and 615 North Ocean
Boulevard). If passed, a quasi-judicial hearing will be held on May 7, 2002.
The City Manager presented Ordinance No. 13-02:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE
NO. 70-89 THAT PROVIDED FOR THE HISTORIC
DESIGNATION OF THE FONTAINE FOX HOUSE AND
PROPERTY; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 13-02 is on file in the City Clerk's office.)
The applicant has requested the first reading of Ordinance No. 13-02 be
postponed to a date certain of May 7, 2002 and that the second reading be postponed to a date
certain of May 28, 2002.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager.
The City Manager had no comments or inquiries on non-agenda items.
13.B. City Attorney.
The City Attorney had no comments or inquiries on non-agenda items.
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13.C. City Commission.
13.C.1. Commissioner Perlman
Mr. Perlman had no comments or inquiries on non-agenda items.
13.C.2. Mayor Schmidt
Mayor Schmidt had no comments or inquiries on non-agenda items.
13.C.3. Commissioner McCarthy
Ms. McCarthy stated this morning Joseph Weldon, Director of Parks and
Recreation and Richard Connell, Assistant Director of Parks and Recreation, gave a PowerPoint
presentation about the Master Plan to the Progressive Residents of Delray (PROD). Ms.
McCarthy stated the presentation was well done and well received.
13.C.4. Commissioner Levinson
Mr. Levinson had no comments or inquiries on non-agenda items.
at 7:50 p.m.
There being no further business, Mayor Schmidt declared the meeting adjourned
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Regular City Commission Meeting held on April 16, 2002,
which Minutes were formally approved and adopted by the City Commission on
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4-16-02
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they are not
the official Minutes of the City Commission. They will become the official Minutes only after
review and approval which may involve some amendments, additions or deletions.
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4-16-02
13.C. City. Commission.
13.C. 1. Commissioner Perlman
Mr. Perlman had no comments or inquiries on non-agenda items.
13.C.2. Mayor Schmidt
Mayor $chmidt had no comments or inquiries on non-agenda items.
13.C.3. Commissioner McCarthy
Ms. McCarthy stated this morning Joseph Weldon, Director of Parks and
Recreation and Richard Connell, Assistant Director of Parks and Recreation, gave a PowerPoint
presentation about thc Master Plan to the Progressive Residents of Dclray (PROD). Ms.
McCarthy stated thc presentation was well done and well received.
13.C.4. Commissioner Levinson
Mr. Lcvinson had no comments or inquiries on non-agenda items.
There being no further business, Mayor Schmidt declared the meeting adjoumed
at 7:50 p.m.
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Regular City Commission Meeting held on April 16, 2002,
Minutes were formally approved and adopted by the City Commission on
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4-16-02
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they are not
the official Minutes of the City Commission. They will become the official Minutes only after
review and approval which may involve some amendments, additions or deletions.
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4-16-02