07-02-02JULY 2, 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, July 2, 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 -
City Manager David T. Harden
City Attorney Susan A. Ruby
City Clerk Barbara Garito
2_ The opening prayer was delivered by Reverend Matthew "Bump" Mitchell, Christ
Missionary Baptist Church.
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The Pledge of Allegiance to the flag of the United States of America was given.
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AGENDA APPROVAL.
Mayor Schmidt stated there is a request from EPOCH to remove Item 9.B. Loan
Repayment Request/EPOCH from the Regular Agenda.
Mayor Schmidt requested that Item 8.A. Resolution 55-02 of the Consent
Agenda be moved to the Regular Agenda as Item 9.A.A.
The City Manager stated he received a request from the Firefighters' Union to
delay Item 10.B. Ordinance No. 23-02 because they have a few concerns that need to be
resolved.
Mr. Levinson noted a typographical error to Item 8.G. and stated the words
should read "Ted Juracsik Tool & Die" not "Ted Juracsik Tool & Dye".
Ms. McCarthy moved to approve the Agenda as amended, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer -
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with
a 5 to 0 vote.
APPROVAL OF MINUTES;
Mr. Levinson stated on page 21 of the Minutes from June 4th, there is no address
listed for Anthony Vocaturo. Mr. Levinson asked the City Clerk to obtain Mr. Vocaturo's
address and include it in the Minutes.
Mrs. Archer moved to approve the Minutes of the Regular Meeting of June 4,
2002, as corrected, 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.
Mayor Schmidt noted comments from Rita Ellis are inadvertently duplicated on
page 13 and should be deleted and remain only on page 21. Also, on page 16 the word "not"
should be inserted into the comments by Mr. Iler.
Mr. Levinson moved to approve the Minutes of the Regular Meeting of June 18,
2002, as corrected, seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes;
Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
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PROCLAMATIONS:
None.
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PRESENTATIONS:
None.
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CONSENT AGENDA: City Manager Recommends Approval.
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THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM
9.A.A.
8.B. RESOLUTION NO. 56-02/ABANDONMENT OF PUBLIC ACCESS
EASEMENT/CORNICHE REPLAT: Approve Resolution No. 56-02 and the abandonment of
a 24' public access easement within the Corniche Replat, located on the east side of Federal
Highway, approximately 800 feet south of S.E. l0th Street.
The caption of Resolution No. 56-02 reads as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A 24' PUBLIC ACCESS EASEMENT
LOCATED ADJACENT TO NORTHBOUND FEDERAL
HIGHWAY ON THE EAST SIDE AND JUST SOUTH OF
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07/02/02
KNOWLES PARK, AS MORE PARTICULARLY DESCRIBED
HEREIN.
(The official copy of Resolution No. 56-02 is on file in the City Clerk's office.)
8.C RESOLUTION NO. 57-02: Approve Resolution No. 57-02 abandoning a
portion of the east-west alley right-of-way, located on the north side of Lot 6, Block 6 of
Whidden's Subdivision.
The caption of Resolution No. 57-02 reads as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING THE EAST/WEST ALLEY LYING NORTH OF
AND ADJACENT TO LOT 6, BLOCK 6, WHIDDEN'S
SUBDIVISION, AS MORE PARTICULARLY DESCRIBED BY
EXHIBIT "A".
(The official copy of Resolution No. 57-02 is on file in the City Clerk's office.)
8.D RESOLUTION NO. 58-02: Approve Resolution No. 58-02 abandoning Tract
"A" of the plat of Laver's North, located on the east side of S.W. l0th Avenue, approximately
240 feet south of Linton Boulevard.
The caption of Resolution No. 58-02 reads as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING TRACT "A", OF THE PLAT OF LAVER'S
NORTH, LOCATED ON THE EAST SIDE OF S.W. 10TM
AVENUE, APPROXIMATELY 240-FEET SOUTH OF LINTON
BOULEVARD, AS MORE PARTICULARLY DESCRIBED
HEREIN, BUT RESERVING AND RETAINING TO THE CITY
A GENERAL UTILITY EASEMENT OVER A PORTION OF
THE AREA THEREOF, AS MORE PARTICULARLY
DESCRIBED HEREIN.
(The official copy of Resolution No. 58-02 is on file in the City Clerk's office.)
8.E
REQUEST FOR SIDEWALK DEFERRAL/TROPIC SUPPLY
WAREHOUSE: Approve a request from Tropic Supply Warehouse to defer the installation of a
sidewalk in front of 1203 Poinsettia Drive. Staff recommends approval.
8.F. RELEASE OF INTERESTS/UTILITY EASEMENT: Approve the release of
City interests in easement deed regarding utility companies.
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8.G.
ACCEPTANCE OF EASEMENT DEED/TED JURACSIK TOOL & DIE:
Approve and accept an easement deed granting to the City the means to construct and maintain a
stormwater drainage main for the completion of the N.W. 18th Avenue/Marry Fladell Drive
Construction Project.
8.H. FINAL SUBDIVISION PLAT APPROVAL/MIL-ATLANTIC PLAT:
Approve the Mil-Atlantic plat, located on the west side of Military Trail, just south of the L-34
Canal.
8.1. TOWN OF HIGHLAND BEACH AGREEMENT: Approve an agreement
between the City of Delray Beach and the Town of Highland Beach for comprehensive fire and
emergency medical services.
8.J TEQUESTA POLICE DEPARTMENT AGREEMENT: Approve an
agreement between the City of Delray Beach Police Department and the Tequesta Police
Department for utilization of the National Crime Information Center and Florida Crime
Information Center System through the Delray Beach Police Department equipment.
8.K.
PALM BEACH COUNTY FINANCIAL ASSISTANCE AGREEMENT:
Approve a financial assistance agreement with the Palm Beach County Board of County
Commissioners in the amount of $300,000.00 for beautification improvements to Lake Ida Road.
8.L. AMENDMENT NO. 1/PIERCE MANUFACTURING, INC./TEN 8
AGREEMENT: Approve Amendment No. 1 to the agreement between the City of Delray
Beach and Pierce Manufacturing, Inc./Ten 8 providing for an earlier trade-in of the 1971
Pierce/Pitman Snorkel.
8.M. CHANGE ORDER NO. 1/FINAL PAYMENT/FLORIDA BLACKTOP,
INC.: Approve Change Order No. 1 in the amount of $44,510.17 and final payment in the
amount of $92,717.37 to Florida Blacktop, Inc. for completion of NE/NW Area Infrastructure
Improvements Project. Funding is available from 370-3162-541-65.44 (2000 Roadway Bond
NE/NW Area).
8.N. CHANGE ORDER NO. 2/FINAL PAYMENT/FLORIDA BLACKTOP,
INC.: Approve Change Order No. 2 in the amount of $41,090.14 and final payment in the
amount of $314.80 to Florida Blacktop, Inc. for completion of Pineapple Grove Way Project.
Funding is available from 448-5461-538-65.12 (Storm Water Utility Fund/NE 2nd Avenue).
8.0. CHANGE ORDER NO. 3/FINAL PAYMENT/FLORIDA BLACKTOP, INC.:
Approve Change Order No. 3 in the amount of a $46,281.36 decrease, and final payment in the
amount of $25,729.52 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.P.
SPECIAL EVENT REQUEST/COLUMBUS DAY:
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Approve a special event
07/02/02
request to allow the 3rd Annual Columbus Day Italian Fiesta sponsored by the Order Sons of
Italy in America Lodge #2719, to be held on October 11-12, 2002 from 12:00 p.m. until 10:00
p.m., including a temporary use permit per LDR Section 2.3.6(H) for the use of Veterans park,
staff assistance for traffic control/security, and trash removal/clean up with event sponsor paying
50% overtime; contingent on the sponsor providing a hold harmless agreement and certificate of
insurance.
8.Q. FINAL CLOSEOUT/4th BEACH RENOURISHMENT CONTRACT:
Approve the final closeout payment to Bean Stuyvesant in the amount of $411,103.64 for the 4th
Beach Renourishment Project.
g.R.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period June 17,
2002 through June 28, 2002.
8.S. LEASE AGREEMENT/MARINE PATROL: Consider approval of a lease
agreement between the City of Delray Beach and Tropic Bay Homeowners' Association for
dockage space for the Police Department's Marine Patrol vessel.
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AWARD OF BIDS AND CONTRACTS:
1_ Purchase award to Fischer Scientific Company (sole provider) in the
amount of $37,550.59 for the purchase of an integrated Personal Alert
Safety System (PASS) for the Scott Aviation Self-Contained Breathing
Apparatus (SCBA) used by the Fire Department. Funding is available
from 334-6112-519-64.90 (General Construction Fund/Other
Machinery/Equipment).
2_ Contract award to Tri County Concrete Products in the amount of
$73,149.00 for the Tropic Isles drainage inlet replacements. Funding is
available from 448-5461-538-65.67 (Tropic Isles Catch Basin
Removal/Replacements).
3_ Contract award to Molloy Brothers, Inc. in the amount of $47,850.00 for
the Venetian Drive Infrastructure Improvements. Funding is available
from 441-5181-536-65.09 (Sewer/Venetian Drive).
Mr. Levinson moved to approve the Consent Agenda 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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REGULAR AGENDA:
9.A.A. RESOULTION NO. 55-02: Approve Resolution No. 55-02 abandoning a
portion of Royal Palm Boulevard, located on the east side of north Federal Highway,
approximately 3,600 feet south of Gulf Stream Boulevard, in conjunction with Old Palm Grove
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Development.
The caption of Resolution No. 55-02 reads as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF ROYAL PALM
BOULEVARD RIGHT-OF-WAY, LYING EAST OF FEDERAL
HIGHWAY, AS MORE PARTICULARLY DESCRIBED
HEREIN, BUT RESERVING AND RETAINING TO THE CITY
A UTILITY EASEMENT AND AN INGRESS/EGRESS
EASEMENT FOR PUBLIC ACCESS OVER THE ENTIRE
AREA THEREOF, AS MORE PARTICULARLY DESCRIBED
(The official copy of Resolution No. 55-02 is on file in the City Clerk's office.)
Paul Dorling, Director of Planning and Zoning, stated staff has not received the
check and therefore will hold off recording the abandonment.
After brief discussion, Mrs. Archer moved to table Resolution No. 55-02,
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.A. CAROLINA CABANA AGREEMENT: Consider a request for relief from
Carolina Cabana regarding changes in their franchise agreement with the City.
The City Manager stated Carolina Cabana has requested changes to their
franchise agreement. The City Manager stated it would not be appropriate to grant an extension
or renewal. He continued to state that the appropriate course of action would be to terminate the
agreement under the provisions and that the franchise be put out for bid.
John E. Thomas~ Secretary/Treasurer of Carolina Cabana LLC~ stated his
customers are primarily tourist based. Mr. Thomas stated 9-11 had a tremendous affect on the
tourist industry, and was one of the largest impacts that caused his business to go in default. Mr.
Thomas stated he virtually made no money from the month of October through December 2001.
Furthermore, Mr. Thomas stated there have been some events that were held during tourist
season that were financial harmful to his business (i.e., Volleyball Tournament) and stated in the
past he has lost as many as twenty units on the beach front due to the Volleyball Tournament
which runs for five consecutive days.
Joe Weldom Director of Parks and Recreatiom stated for clarification the
Volleyball Tournament that Mr. Thomas is referring to is held in Delray Beach during the month
of June for approximately the last ten years. Mr. Weldon stated he has never allowed this
tournament to go any further north than the S-3 Tower and pointed out that the tournament is
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07/02/02
usually held between the S-3 and S-5 Tower in the vicinity of the Sandoway Parking Lot which
he believes has minimal impact on their business.
Brief discussion followed by the Commission.
Mr. Perlman stated according to Joe Safford's (Finance Director) memo, there is
nothing in the documents that Mr. Thomas has provided that support the 9-11 impact. Mr.
Perlman inquired about why the payroll expenses have increased. Mr. Thomas stated there were
some minimal pay raises. Mr. Perlman commented about a concern Mr. Safford addressed in his
memo with regard to there being an increase in expenses of $25,000 during the month of May
2001. Mr. Thomas stated the company had to repay a loan in the amount of $16,000. Mr.
Perlman stated he would be willing to negotiate for those three months if Mr. Thomas is doing a
good job, but he feels there is not enough information being provided to the Commission to
make an educated decision.
Mayor Schmidt concurred with comments expressed by Mr. Perlman. Mayor
Schmidt stated he also has some concerns about reducing the fee for over a year when there is
not any current financial information. Mayor Schmidt suggested that Mr. Thomas discuss this
further with staff to see if a compromise can be worked out and bring back to the Commission
for approval.
Mr. Levinson stated he does not have a problem negotiating but feels that there
may be significant change in the agreement in terms of dollars. Mr. Levinson continued to state
that it becomes unfair to the other bidders that bid at the time or any other bidders that may come
along. Therefore, Mr. Levinson suggested that to put this back out to bid and make the bid
flexible enough that it could be different payments of rent for different months. Mr. Levinson
stated at this point because of the amount of the relief being requested he is reluctant to support
this without going back out to the market.
The City Manager stated the City has not had any problems with the service and
welcomes the re-bid.
Mayor Schmidt inquired as to how long it would take to issue a Request for
Proposal (RFP). In response, Mr. Weldon stated the process would take approximately three
weeks.
The City Manager suggested that staff negotiate some arrangement for continuing
service while the bid process goes on.
Mrs. Archer stated she too concurs with the comments expressed by the rest of the
Commission. She feels Mr. Thomas made a point when he expressed concern about other
activities that take place on the beach, the City needs to give some understanding to what that
means to any vendor's financial bottom line. Mayor Schmidt stated Mr. Thomas spoke about
this and the seasonal nature and feels this needs to be taken into account when writing the RFP.
The City Manager stated the City would like Mr. Thomas to help staff in
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07/02/02
reformulating the RFP to address some of the concerns.
Mr. Levinson moved to approve that staff negotiate with Mr. Thomas with regard
to his arrears, and that the City re-bid and keep the contract in place until the City receives the
responses; and have staff look at how the bid will be put out, 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.g.
THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF
CITIES ANNUAL CONFERENCE: Designate voting delegate to the Florida League of
Cities' 76th Annual Conference to be held at the Boca Raton Resort and Club on August 15-17,
2002.
Mr. Levinson moved to appoint Mayor David W. Schmidt as voting delegate to
the Florida League of Cities' 76th Annual Conference to be held at the Boca Raton Resort and
Club on August 15-17, 2002, 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. RESOLUTION NO. 53-02: Consider approval of Resolution No. 53-02
authorizing the City to purchase property located at 2475 West Atlantic Avenue and Contract for
Sale and Purchase between the City and Temple Sinai in the amount of $370,000.00.
The caption of Resolution No. 53-02 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY
TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY
IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED
HEREIN, HEREBY INCORPORATING AND ACCEPTING THE
CONTRACT STATING THE TERMS AND CONDITIONS FOR
THE SALE AND PURCHASE BETWEEN THE SELLERS AND
THE CITY OF DELRAY BEACH, FLORIDA.
(The official copy of Resolution No. 53-02 is on file in the City Clerk's office.)
The City Attorney stated this is a resolution incorporating terms of a contract
between the City and Temple Sinai. The City Attorney explained that the City will place two
traffic calming devices in an area where an additional median cut will be made by the City to
help with the traffic flow and the contract contemplates the City will pay up to $100,000.00 on a
reimbursable basis for noise control measures upon the receipt of paid receipts for such work if
needed.
Ms. McCarthy asked for further explanation regarding the $100,000.00 on a
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07/02/02
reimbursable basis for noise control measures. The City Attorney stated that the stadium may be
placed next to the Temple Sinai building and stated one of the conditions in the Interlocal
Agreement was that the City would undertake noise control as it affected the Temple Sinai. The
City Attorney explained that this is a one time cost and fixes the cost for the City.
Mr. Levinson moved to approve Resolution No. 53-02, 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.E. RESOLUTION NO. 54-02: Consider approval of Resolution No. 54-02
authorizing the City to purchase property fronting the Delray Beach Fire Station on the south
side of Germantown Road, southeast of Linton Boulevard and Contract for Sale and Purchase
between the City and Norman W. Blood, Jr. III and James D. Blood in the amount of $24,000.00.
The City Manager presented Resolution No. 54-02:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY
TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY
IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED
HEREIN, HEREBY INCORPORATING AND ACCEPTING
THE CONTRACT STATING THE TERMS AND CONDITIONS
FOR THE SALE AND PURCHASE BETWEEN THE SELLERS
AND THE CITY OF DELRAY BEACH, FLORIDA.
(The official copy of Resolution No. 54-02 is on file in the City Clerk's office.)
At this point, Mrs. Archer left the dais.
The City Attorney stated several years ago the City entered into an agreement to
acquire land from the Bloods to accommodate Orchard View Park and Fire Station #5. As part
of that purchase, the City acquired an access easement which was to cease when Germantown
Road was realigned. It was anticipated that the realigned road would alleviate the need for the
access easement but it appears that the realignment of Germantown Road was such that a gap
was created when the access easement expired.
Mr. Perlman moved to approve Resolution No. 54-02, seconded by Mr. Levinson.
Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes;
Mr. Perlman - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote.
9.F. PURCHASE OF BREEZY RIDGE PROPERTY: Consider approval of
contract for the purchase of one (1) Breezy Ridge property.
The City Attorney explained this property is one of the last Breezy Ridge
properties and the terms are the same as the other Breezy Ridge properties. The City Attorney
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continued to state that the City is closing on all other properties in the Breezy Ridge area except
for one.
Mr. Perlman moved to approve the contract for the purchase of one Breezy Ridge
property, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor
Schmidt - Yes; Mr. Perlman - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion
passed with a 4 to 0 vote.
9.G. RESOLUTION NO. 59-02: Consider approval of Resolution No. 59-02
adopting the Section 125 Flexible Benefits (Cafeteria) Plan.
The City Manager presented Resolution No. 59-02:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, ADOPTING A CAFETERIA
PLAN IN ACCORDANCE WITH SECTION 125 OF THE
INTERNAL REVENUE CODE, INCLUDING DEPENDENT
CARE IN ACCORDANCE WITH SECTION 129 OF THE
INTERNAL REVENUE CODE AND MEDICAL
REIMBURSEMENT IN ACCORDANCE WITH SECTION 105
OF THE INTERNAL REVENUE CODE; PROVIDING FOR
CONFLICTS; SUPERSEDING AND REPEALING PREVIOUS
PLANS; PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
(The official copy of Resolution No. 59-02 is on file in the City Clerk's office.)
At this point, Mrs. Archer returned to the dais.
Joseph Safford, Finance Director, stated the IRS requires the City to adopt a
Section 125 Flexible Benefit Plan to encompass all the pre-tax benefits that the City is currently
offering to its employees. For example, Mr. Safford stated for the Cigna Healthcare Plan an
employee can elect to have pre-tax benefits or post-tax benefits. All post-tax benefits are not
included in the Section 125 plan.
Mr. Levinson commended Mr. Safford for offering the Section 125 Flexible
Benefit Plan to employees. Mr. Levinson commented that no two people have the same needs
and stated this allows employees to provide flexible benefits based upon their own needs.
Mrs. Archer moved to approve Resolution No. 59-02, 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.
0oHo
RATIFICATION OF APPOINTMENT TO THE PARKING
MANAGEMENT ADVISORY BOARD: Ratify the appointment to the Parking Management
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07/02/02
Advisory Board for a two (2) year term ending August 1, 2004.
Mr. Perlman moved to reappoint Ronald Radabaugh to the Parking Management
Advisory Board for a two (2) year term ending August 1, 2004, 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.
0.I.
APPOINTMENTS TO THE DELRAY BEACH HOUSING AUTHORITY:
Appoint three (3) regular members to the Delray Beach Housing Authority for a four (4) year
term ending July 14, 2006. Based on the rotation system, the appointments will be made by
Commissioner Perlman (Seat #1), Commissioner Archer (Seat #2), and Commissioner Levinson
(Seat #3).
Mr. Perlman moved to reappoint Yvonne Wilson as a regular member to the
Delray Beach Housing Authority for a four (4) year term ending July 14, 2006, 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.
Mrs. Archer moved to reappoint Alfred Etienne as a regular member to the Delray
Beach Housing Authority for a four (4) year term ending July 14, 2006, 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.
Mr. Levinson moved to reappoint Dawn Guzzetta as a regular member to the
Delray Beach Housing Authority for a four (4) year term ending July 14, 2006, 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.J. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD:
Appoint four (4) members to the Historic Preservation Board for a term ending August 31, 2004.
Based upon the rotation system, the appointments will be made by Commissioner Levinson (Seat
#3), Commissioner McCarthy (Seat #4), Mayor Schmidt (Seat #5), and Commissioner Perlman
(Seat #1).
Mr. Levinson moved to appoint Francisco Perez-Azua as a member to the
Historic Preservation Board for a term ending August 31, 2004, 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.
Ms. McCarthy moved to reappoint Mary Lou Jamison as a member to the Historic
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Preservation Board for a term ending August 31, 2004, seconded by Mr. Perlman. Upon roll call
the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy -
Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote.
Mayor Schmidt moved to reappoint James Keavney as a member to the Historic
Preservation Board for a term ending August 31, 2004, 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.
Mr. Perlman moved to reappoint Rhonda Sexton as a member to the Historic
Preservation Board for a term ending August 31, 2004, seconded by Mrs. Archer. Upon roll call
the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman -
Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
0.K.
APPOINTMENTS TO THE SITE PLAN REVIEW AND APPEARANCE
BOARD: Appoint five (5) regular members to the Site Plan Review and Appearance Board for
a two (2) year term ending August 31, 2004. Based upon the rotation system, the appointments
will be made by Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), Mayor
Schmidt (Seat #5), Commissioner Perlman (Seat #1), and Commissioner Archer (Seat #2).
Mr. Levinson moved to appoint Daniel Carter as a regular member to the Site
Plan Review and Appearance Board for a two (2) year term ending August 31, 2004, 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.
Ms. McCarthy moved to reappoint Deborah Dowd as a regular member to the Site
Plan Review and Appearance Board for a two (2) year term ending August 31, 2004, 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.
Mayor Schmidt moved to reappoint Gary Eliopoulos as a regular member to the
Site Plan Review and Appearance Board for a two (2) year term ending August 31, 2004,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer -
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said
motion passed with a 5 to 0 vote.
Mr. Perlman moved to appoint Mayer Abbo as a regular member to the Site Plan
Review and Appearance Board for a two (2) year term ending August 31, 2004, 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.
Mrs. Archer moved to appoint Roger Cope as a regular member to the Site Plan
Review and Appearance Board for a two (2) year term ending August 31, 2004, seconded by Mr.
Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor
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Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion
passed with a 5 to 0 vote.
9.L. APPOINTMENT TO THE BOCA RATON AVIATION ADVISORY
COMMITTEE: Appoint one member to the Boca Raton Aviation Advisory Committee for a
two (2) year term ending June 1, 2004. Based on the rotation system, the appointment will be
made by Commissioner Perlman (Seat #1).
Mr. Perlman moved to appoint Bill Schwartz as a member to the Boca Raton
Aviation Advisory Committee for a two (2) year term ending June 1, 2004, 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.
At this point, the time being 7:05 p.m., the Commission moved to the duly
advertised Public Hearings portion of the agenda.
10.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 22-02: An ordinance amending Title VII, Chapter 71 of the
City Code of Ordinances "Parking Regulations". 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. 22-02:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71,
"PARKING REGULATIONS" OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING SECTION 71.041 "TIME LIMIT FOR
VEHICLES", TO PROHIBIT PARKING ON STATE ROAD
A1A, SOUTH OF MIRAMAR STREET AND NORTH OF
ATLANTIC AVENUE, BETWEEN THE HOURS OF l lPM
AND 5 AM; BY AMENDING SECTION 71.055,
"DEFINITIONS", TO ADD THE DEFINITION OF THE
"MULTI SPACE PARKING METER", "MULTI SPACE
PARKING METER ZONES", AND TO CLARIFY THE
DEFINITION OF "PARK1NG METER"; BY AMENDING
SECTION 71.059 "PARKING TIME LIMITS", TO PROVIDE
THAT THE SIGNS IN ANY GIVEN AREA SHALL
ESTABLISH PARKING TIME LIMITS; BY AMENDING
SECTION 71.060, "PARKING METER PERMITS", FOR THE
PURPOSE OF INCLUDING ATLANTIC DUNES AND TO
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UPDATE THE CURRENT COST OF THE PARKING
PERMITS; BY REPEALING CHAPTER 73, "PARKING
SCHEDULES", SCHEDULE I, "TWO HOUR/FOUR HOUR
PARKING ZONES" IN ITS ENTIRETY IN ORDER TO
PROVIDE FOR A CONSOLIDATED PARKING ORDINANCE;
BY ENACTING A NEW SECTION 71.063 "LIMITED TIME
PARKING ZONES" TO ESTABLISH THAT IT IS A
VIOLATION TO PARK OR STAND A VEHICLE IN EXCESS
OF THE POSTED TIME LIMITS; BY REPEALING CHAPTER
73, "PARKING SCHEDULES", SCHEDULE II, "PARKING
METER ZONES" IN ITS ENTIRETY IN ORDER TO PROVIDE
FOR A CONSOLIDATED PARKING ORDINANCE; BY
ENACTING A NEW SECTION 71.064 "PARKING METER
ZONES" TO ESTABLISH THAT IT IS A VIOLATION TO
PARK OR STAND A VEHICLE AFTER THE TIME HAS
EXPIRED ON THE PARKING METER; BY AMENDING
SECTION 71.091 "LIABILITY FOR PAYMENT OF PARKING
TICKET VIOLATIONS" TO LIMIT AN AUTOMOBILE
OWNER'S LIABILITY IN THE CASE OF A STOLEN
VEHICLE; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 22-02 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.
John Bennett, representing the Beach Property Owner's Association
(BPOA)~ stated he would just like to confirm that the question arose at the first reading of this
ordinance that the BPOA was aware of it and they do not have any rejection, although it
apparently leaves a small strip of parking available for all times.
There being no one else who wished to address the Commission regarding
Ordinance No. 22-02, the public hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 22-02 on Second and FINAL
Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr.
Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt -
Yes. Said motion passed with a 5 to 0 vote.
10.B. ORDINANCE NO. 23-02: An ordinance amending Chapter 35, "Employee
Policies and Benefits" of the City Code of Ordinances by enacting Section 35.056 "Designation
of Personnel as Critical to Security". Prior to consideration of passage of this ordinance on
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Second and FINAL Reading, a public hearing has been scheduled to be held at this time.
The City Manager presented Ordinance No. 23-02:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND
BENEFITS", BY ENACTING SECTION 35.056,
"DESIGNATION OF PERSONNEL AS CRITICAL TO
SECURITY", TO PROVIDE FOR FINGERPRINTING AND
BACKGROUND CHECKS FOR CERTAIN EMPLOYMENT
APPLICANTS AND EMPLOYEES FOR THOSE
DEPARTMENTS WHICH ARE DESIGNATED AS CRITICAL
TO SECURITY; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 23-02 is on file in the City Clerk's office.)
Per the request of the Firefighters' Union, this item has been postponed.
10.C. ORDINANCE NO. 24-02 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending the Land Development Regulations to add Public Educational Facilities
of the School District of Palm Beach County as a principal use in residential and community
facilities (CF) zoning districts; Section 4.3.3 adding supplemental regulations for public
educational facilities; modifying the definition of residential zoning districts; renaming
educational facilities and clarifying that private schools and other similar educational facilities
are conditional uses in certain residential zoning districts; and adding private schools and other
similar educational facilities as a conditional use in the planned residential development (PRD)
zoning district. Prior to consideration of passage of this ordinance on First Reading/First Public
Hearing a public hearing has been scheduled to be held at this time. If passed, a Second
Reading/Second Public Hearing will be scheduled for July 16, 2002.
The City Manager presented Ordinance No. 24-02:
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 4.4.1
"AGRICULTURE ZONE DISTRICT (A)", 4.4.2 "RURAL
RESIDENTIAL (RR) ZONE DISTRICT", SECTION 4.4.3,
"SINGLE FAMILY RESIDENTIAL (R-l) DISTRICTS",
SECTION 4.4.4 "MOBILE HOME (MH) DISTRICT", SECTION
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4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT",
SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM)
DISTRICT", SECTION 4.4.7, "PLANNED RESIDENTIAL
DEVELOPMENT (PRD) DISTRICT", AND SECTION 4.4.21,
"COMMUNITY FACILITIES (CF) DISTRICT", TO ALLOW
PUBLIC EDUCATIONAL FACILITIES OF THE SCHOOL
DISTRICT OF PALM BEACH COUNTY AS A PRINCIPAL
USE PURSUANT TO REGULATIONS SET FORTH IN
SECTION 4.3.3(HH); AMENDING SECTION 4.4.3, "SINGLE
FAMILY RESIDENTIAL (R-l) DISTRICTS", SECTION 4.4.5,
"LOW DENSITY RESIDENTIAL (RL) DISTRICT", SECTION
4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT",
SECTION 4.4.7, "PLANNED RESIDENTIAL DEVELOPMENT
(PRD) DISTRICT", AND SECTION 4.4.21, "COMMUNITY
FACILITIES (CF) DISTRICT", TO ALLOW PRIVATE
EDUCATIONAL FACILITIES AS A CONDITIONAL USE
SUBJECT TO THE RESTRICTIONS SET FORTH IN SECTION
4.3.3(HHH); AMENDING SECTION 4.3.3 (HH),
"EDUCATIONAL FACILITIES", BY RENAMING THE
SUBSECTION TO "PUBLIC EDUCATIONAL FACILITIES OF
THE SCHOOL DISTRICT OF PALM BEACH COUNTY" AND
ADDING SUPPLEMENTAL REGULATIONS FOR PUBLIC
EDUCATIONAL FACILITIES; AMENDING APPENDIX "A",
"DEFINITIONS" TO MODIFY THE DEFINITION OF
"RESIDENTIAL DISTRICTS"; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 24-02 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.
Paul Dorling, Director of Planning and Zoning, stated the amendment adds
supplemental regulations to Section 4.3.3 which include a minimum lot size of one acre, requires
a loading area with a minimum drop-off pick up area of 100 feet and requires landscape buffers
when adjacent to residential. It also adds "public facilities" as a permitted use in all residential
districts, changes public educational facilities from conditional use to permitted use in the
Community Facilities (CF) zoning district. It also modifies the definition in the LDR's to
include Agriculture (A), Mobile Home (MH), and Rural Residential (RR) zoning districts as
residential to be consistent with the Comprehensive Plan.
Mr. Dorling referred to a letter in the agenda packet from the Palm Beach County
School Board Planning Director which supports the proposed amendment. It further stipulates
that allowing schools as a permitted use in all zoning districts is preferable to other approval
processes like a conditional use or rezoning and would further public facilities policies B-i.1
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07/02/02
which requires expedited review of school sites. Mr. Dorling stated LDR Section 2.4.5(M)(5)
requires the Commission to make a positive finding that the proposed amendment is consistent
with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. Mr. Dorling
stated the Planning and Zoning Staff Report identifies many applicable policies in both the
public facilities school element and the Future Land Use elements of the Comprehensive Plan.
This includes Public School Facilities Element Policy B-1.1 which calls for expedited review of
development proposals and Public School Facilities Element Policy B-1.4 which allows schools
as a permitted use in all urban residential land use categories. Also, policies in the Future Land
Use Element Objective D-2, Future Land Use Element Policy D-2.2, D-2.3 and Future Land Use
Element Objective D-3 as well as Future Land Use Element Policy D-3.5 which states "Public
educational facilities of the School District of Palm Beach County shall be consistent with all
land use categories..." and Future Land Use Element Policy D-3.6.
At its meeting of June 17, 2002, the Planning and Zoning Board considered this
amendment and an attorney representing the Coral Trace Homeowners' Association felt the
amendment was not properly advertised and the proposed amendment was too broad and
inconsistent with State Statutes. There was also discussion by a Board member and a resident
who felt the schools should be allowed as a conditional use rather than a permitted use. After
discussion, the Board recommended approval of this amendment on a 3-2 vote (Warner and
Randolph dissenting, Krall and Sowards absent). Staff recommends approval of the LDR
amendment upon positive findings with respect to LDR Section 2.4.5(M)(5).
Mayor Schmidt declared the public hearing open.
Henry Iler~ Urban Planner with offices located at 11211 Prosperity Farms
Road Ste. #205-B~ Palm Beach Gardens~ FL~ stated neither State law, the School Concurrency
Agreement that the City has with the Palm Beach County School Board nor the Delray Beach
Comprehensive Plan states that the City is required to adopt public educational facilities as a
permitted or allowable use in all residential areas. Mr. Iler made reference to the Comprehensive
Plan and noted on Page FL-41 under the definitions of low density residential and medium
density residential that only residential uses are permitted. Mr. Iler stated this ordinance would
be inconsistent with that particular policy which defines the Future Land Use Map (FLUM).
Also, Mr. Iler stated the definitions for the FLUM only allow schools in community facility land
use category and feels the ordinance is inconsistent with this as well. Mr. Iler stated Future Land
Use Map Element Policy D-3.6 requires a finding that the proposal is compatible with adjacent
land uses and development patterns and he feels this has not been put forth. Mr. Iler read into
the record Objective A-12 of the Housing Element in the Comprehensive Plan which states: "To
assist residents of the City in maintaining and enhancing their neighborhood environment, the
City shall take steps to ensure that modifications in and around the neighborhood do not lead to
is decline, such as those described in the following policies." Mr. Iler stated the proposed
ordinance permits public educational facilities (not just schools), and he feels this will negatively
impact the neighborhoods in Delray Beach.
Cari Podesta~ representin~ the Coral Trace Homeowners' Associatiom
thanked the Commission for advertising Ordinance No. 24-02 in the Sun-Sentinel News. Ms.
Podesta stated the Planning and Zoning Report does not indicate that the denial of Ordinance No.
19-02 and commented that the Minutes of the Regular Meeting of June 18, 2002, showed that the
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Commission denied Ordinance 19-02 following the competent substantial expert testimony of
Mr. Iler as to why Ordinance No. 19-02 was not consistent with the City's Comprehensive Plan.
Ms. Podesta stated since Ordinance No. 19-02 was denied, it may be reasonably implied from the
denial, that the Commission determined that Ordinance No. 19-02 was not consistent with the
Goals, Objectives, and Policies of the Comprehensive Plan. Furthermore, Ms. Podesta stated if
the Commission found Ordinance No. 19-02 to be inconsistent with the Comprehensive Plan,
then to the extent that Ordinance No. 24-02 attempts to make the same type of amendments to
the LDR's to allow for public educational facilities in all residential zoning districts, she feels the
Commission should likewise deny Ordinance No. 24-02.
Alice Finst~ 707 Place Tavant~ Delra¥ Beach~ representing the Board of
Directors of the Homeowners' League of Chatelaine, stated she would like to know what the
Commission is going to do to protect her neighborhood. Mrs. Finst stated she understands a
requirement of one acre is required for what can be considered a school. Mrs. Finst expressed
concern over the zoning conditions throughout the City and commented that there are about five
houses per acre. In looking at the plat of her neighborhood, Mrs. Finst stated it could
conceivably be three houses joined together to make one acre and emphasized that this is of great
concern to her. Mrs. Finst commented that so many things could go wrong with the plan in a
residential neighborhood and feels the Commission is not looking far enough ahead to see what
it could potentially do to neighborhoods throughout the City.
Deborah Bennett~ 137 Seabreeze Avenue~ Delra¥ Beach~ is co-owner of an acre
of land and stated she purchased the land in order to keep the "village by-the-sea" feeling. Mrs.
Bennett expressed concern over the deed restrictions and stated she likes the idea of having some
land around. Mrs. Bennett continued to state that if the Commission approves this ordinance it
will take away the only chance to express opinions as a landowner on what will be done with
their land. Mrs. Bennett stated if there are plans for the land to be taken by eminent domain she
urged the Commission to give the landowners a chance.
Gerry Franciosa~ 939 Eve Street~ Delra¥ Beach~ stated the people should have a
choice and by having a permitted use they will not have that choice. Mr. Franciosa suggested
that the amendment be sent back to staff for further review to have school locations in certain
residential areas as a conditional use.
John Bennett~ 137 Seabreeze Avenue~ Delra¥ Beach~ expressed concern over
one sentence in the ordinance on page 10, Section 14, Paragraph (3) where it reads: "Landscape
Requirement: ..."This perimeter setback area may be decreased to 10' when an outdoor
recreation area is and abuts residentially zoned property." First, Mr. Bennett asked if this means
that SPRAB can do this or does it mean that the School District automatically reduces the
perimeter setback area. Secondly, Mr. Bennett stated if a school is being put in a residentially
zoned area that this setback reduction can occur but if the school happens to be in CF
(Community Facilities) and abuts a residentially zoned area then it can occur. Thirdly and most
significantly, Mr. Bennett stated it does not make sense from the standpoint of being kind to your
neighbors. This outdoor recreation area is where the children play at recess and he feels it would
be more beneficial to increase the buffer rather than reduce it and urged the Commission to
readdress that particular sentence in the ordinance.
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07/02/02
There being no one else who wished to address the Commission regarding
Ordinance No. 24-02, the public hearing was closed.
With regard to a concern expressed by Mrs. Finst about someone aggregating
property in the neighborhood, Mr. Perlman asked Mr. Dorling what would be the protections for
the neighborhood? In response, Mr. Dorling stated the requirements of Section 4.3.3 would
require adequate stacking. Mr. Dorling stated providing a 100 foot drop-off area may or may not
be accomplishable with the aggregation of three houses. Other than that, Mr. Dorling stated
there is really no additional protection.
The City Manager suggested that the City possibly require that schools take their
access from the collector and arterial roadways. Therefore, the City Manager stated someone
could not go in the middle of a neighborhood where all the streets are local streets and put a
charter school.
Ms. McCarthy asked if Mr. Dorling agrees with Mr. Iler's comments about there
being two inconsistencies. In response, Mr. Dorling stated in the LDR's it talks about making a
finding of consistency with the Comprehensive Plan and particularly addresses that you need not
comply with every goal, objective, and policy and noted that there are certain situations where
the policies will contradict each other. Ms. McCarthy asked if staff mails out notices to the
public if there is going to be a proposed change in a neighborhood. Mr. Dorling stated if it is a
permitted use this would not be required. The City Attorney stated that there would be an
ordinance change and that would be advertised. Mr. Dorling explained staff sends courtesy
notices that are sent to people for any land development processes. Ms. McCarthy commented
about whether a school or educational facility is something that would devalue a piece of
property. Mr. Dorling stated he is not aware of any information that would support her concern.
Ms. McCarthy stated the City has land use compatibility in the LDR's and commented that she
does not agree with the statement expressed by Ms. Podesta regarding educational facilities
going into residential areas. Ms. McCarthy stated the City currently has educational facilities
within our residential areas now and feels it has worked very well, is very effective, and citizens
have been before the Commission requesting that the City approve different charter schools and
the full service center.
The City Manager stated most of the issues that people are particularly concerned
about are really addressed in the site planning process not in the land use approval process.
Mr. Levinson stated he is very pleased with Ordinance No. 24-02.
Mr. Levinson moved to approve on First Reading an amendment to the Land
Development Regulations to add "Public Educational Facilities of The School District of Palm
Beach County" as a permitted use in residential and Community Facilities (CF) zoning districts;
Section 4.3.3 adding supplemental regulations for Public Educational Facilities; modifying the
definition of Residential Zoning Districts; renaming Educational Facilities and clarifying that
Private Schools and Other Similar Educational Facilities are conditional uses in certain
Residential Zoning Districts; and adding "Private Schools and Other Similar Educational
Facilities" as a conditional use in the PRD (Planned Residential Development) zoning district,
based upon a positive finding with LDR Section 2.4.5(M)(5), that the text amendment is
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07/02/02
consistent with and furthers the Goals, Objectives and Policies of the City's Comprehensive
Plan, and setting a public hearing date of July 16, 2002, all as it pertains to Ordinance No. 24-02,
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.
10.D. ORDINANCE NO. 26-02 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending the Land Development Regulations Section 3.1.1(B) and Section
2.4.3(A)(9) to add public school concurrency as a required finding and to modify submission
requirements. Prior to consideration of passage of this ordinance on First Reading/First Public
Hearing a public hearing has been scheduled to be held at this time. If passed, a second public
hearing will be scheduled for July 16, 2002.
The City Manager presented Ordinance No. 26-02:
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 ARTICLE 3.1, "REQUIRED
F1NDINGS FOR LAND USE AND LAND DEVELOPMENT
APPLICATIONS", SECTION 3.1.1 (B), "CONCURRENCY", TO
PROVIDE FOR THE IMPLEMENTATION OF THE PUBLIC
SCHOOL CONCURRENCY AMENDMENT; AMENDING
ARTICLE 2.4, "GENERAL PROCEDURES", SECTION
2.4.3(A), "STANDARD APPLICATION ITEMS", PROVIDING
FOR A COMPLETED SCHOOL CONCURRENCY
APPLICATION AS A STANDARD APPLICATION ITEM;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 26-02 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.
Paul Dorling, Director of Planning and Zoning, stated this change involves two
sections those being Section 3.1.1(B) and Section 2.4.3(A)(9). The amendment is being
processed in order to make the necessary changes to the Land Development Regulations to
implement public school concurrency into the development review process. Pursuant to LDR
Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the
amendment is consistent with and furthers the Goals, Objectives, and Policies of the
Comprehensive Plan.
At its meeting of June 17, 2002 the Planning and Zoning Board considered the
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request at a public hearing. After review and discussion, the Board voted (5-0) (Sowards and
Krall absent), to recommend approval of the amendments to the LDR Sections 3.1.1(B) and
2.4.3(A)(9) based upon positive findings with LDR Section 2.4.5(M), and that the amendment is
consistent with and furthers the Goals, Objectives, and Policies of the City's Comprehensive
Plan.
Mayor Schmidt declared the public hearing open. There being no one who
wished to address the Commission regarding Ordinance No. 26-02, the public hearing was
closed.
Mr. Perlman moved to adopt Ordinance No. 26-02 on First Reading/First Public
Hearing, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer -
Yes. Said motion passed with a 5 to 0 vote.
11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC-IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
ll.A.
City Manager's response to prior public comments and inquiries.
In response to a prior concern expressed at the June 4th meeting regarding the
Seagate Beach Club leaving chairs on the beach where they might interfere with turtles coming
up on the beach to lay their eggs, the City Manager stated the Seagate Beach Club has been
contacted several times with respect to their chairs on the beach. The City Manager stated each
time they have agreed to comply only to resume non-compliance after a short period of time.
Palm Beach County Department of Environmental Protection has also visited the site to express
concern. The Code Enforcement Officer assigned to monitoring turtle issues will be meeting
with the Vice President of Hudson Hotels (owner of the Seagate) shortly to discuss this issue.
The hotel will be officially cited if compliance is not achieved and maintained.
Also, with regard to a complaint expressed at the June 4th meeting, regarding the
condition of the sidewalk along the east side of Coral Trace Boulevard, the City Manager stated
the sidewalk has been inspected and determined that some of the sidewalk had been removed
during the earlier construction work and that has now been replaced. In addition, the City
Manager stated the sidewalk has been cleaned off and overgrowth removed.
With regard to a concern expressed about dust control, the City Manager stated
the City will do its best to keep it under control.
With regard to a concern expressed by Mrs. Cohen about the Lake Ida Road
Project and its landscaping, the City Manager stated staff has informed her that the City is
coordinating the landscape design process. The City Manager stated landscape plans were
prepared by Jerry Turner and Associates and are currently under review by the County for
permitting. The landscaping will be similar to the medians on Lake Ida Road between Swinton
Avenue and Congress Avenue although some of the ground covers have changed. Furthermore,
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07/02/02
the City Manager stated there are no renderings available. However, the landscape plans are
available in the City Horticulturist office for inspection by the public.
With regard to a complaint about the signage at the Snappy Turtle located at 1115
East Atlantic Avenue, the City Manager stated the store is currently using window signage which
appears to be a temporary situation. The City Manager stated there is no requirement that a
business must erect a permanent sign by any certain date. The City Manager continued to state
that there is an approved standard sign package for the building they are in and when the tenant
decides to apply for signage they will be required to adhere to those standards.
11.B. From the Public.
ll.B.1. Gerry Franciosa, 939 Eve Street, Delra¥ Beach, commented that to his
understanding Item 11 .B. (Comments and Inquires on Non-Agenda Items from the Public) on the
City Commission Agenda is intended to be an avenue for residents to express their opinions on
various topics and issues concerning the City. Mr. Franciosa commented about the visible
display of rudeness by some Commissioners during the public speaking portion of a recent
meeting. Mr. Franciosa continued to comment about the four page newsletter from State
Representative Bill Andrews detailing the reasons not to relocate Atlantic High School to the
Tate Property. Mr. Franciosa stated that controversial issues will bring people forward to voice
their opinions and he feels it is the responsibility of elected officials to react in an effective and
factual manner to criticism. Mr. Franciosa stated the primary issue for City residents for the high
school relocation is fiscal responsibility and proper planning and feels all residents have a right
to decide upon whether their tax dollars are being spent wisely. Therefore, Mr. Franciosa
proposed to the Commission that the City initiate a Referendum for the November ballot
regarding the relocation of Atlantic High School and thus let the residents decide.
ll.B.2. Alice Finst, 707 Place Tavant, Delra¥ Beach, commented that it is difficult to
hear what is being said and urged the Commission to look into the sound system.
Mrs. Finst thanked the Commission for the invitation to the SW/NW Community
Plan Workshops. Mrs. Finst stated she was particularly interested in what people from other
communities had to say which were similar to the concerns in her community. Mrs. Finst stated
things that were brought up in discussions not only at this meeting but at other meetings were the
issues of overcrowding, excess parking on streets, blocking streets, parking on lawns, dog and
animal control. Mrs. Finst stated she hopes that the Commission will take this information
during the budget planning and include these in items of discussion for funding for the next fiscal
year.
ll.B.3. John Bennett, 137 Seabreeze Avenue, Delra¥ Beach, distributed an invitation
to the Commission for the American Legion Post 65 Four Man Scramble Golf Tournament in
August to benefit the Children in Youth USA.
Secondly, Mr. Bennett commented about a correction run by the Sun-Sentinel
regarding certain remarks attributed by his wife and distributed copies to the Commission of this
correction.
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07/02/02
Lastly, Mr. Bennett commended the entire staff in the City Clerk's office for their
outstanding customer service. He personally thanked each employee calling each one by name.
In addition, Mr. Bennett stated the staff is always polite and feels the City is quite fortunate to
have these individuals for employees.
ll.B.4. Jill Denio, 308 Coral Trace Court, Delray Beach, commented that she attended
a recent School Board Meeting and stated she is appalled at how the School Board operates. Ms.
Denio expressed concern over the Atlantic High School relocation and stated the City will end
up being over budget, there will be increased traffic, and that there will be no new auditorium or
football stadium built.
ll.B.5. Kevin Warner, 248 Venetian Drive, Delray Beach, stated in February he sent
an email to one of the Commissioner's regarding a School Board Meeting and has not heard a
response. Subsequently, Mr. Warner stated that an individual sent an email to the City Manager
with a copy of his email (Mr. Warner read the email into the record). Furthermore, Mr. Warner
stated he sent a letter to the Commissioner stating that the accusation is wrong and hurtful and
requested an apology. In addition, Mr. Warner stated he sent copies of the letter to the rest of the
Commission and has confirmation that these letters have been received. Mr. Warner stated as of
this date he has not received any response and encouraged the Commission to acknowledge that
this was inappropriate behavior from a colleague.
ll.B.6. Judy Price, 250 N.E. 16th Street, Delray Beach, expressed concern over Mr.
Warner's comments and asked if this is the way the Commission is going to act if someone
makes this type of allegation against one of their fellow colleagues?
11.B.7. Candy Killian, 642 Riviera Drive, Boynton Beach, expressed concern over how
one municipality with one high school can warrant two football stadiums and two 680 seat
auditoriums. Ms. Killian stated she would like to know as a parent of a student and for future
students of Atlantic High School, if the students will have an auditorium and a football stadium
at the Tate site equal to what currently exists at Atlantic High School.
The City Manager responded to Ms. Killian stating all the plans given to the City
of Delray Beach by the School District staff include a stadium and an auditorium. Furthermore,
the City Manager stated the City has been assured verbally that the school will include a stadium
and an auditorium.
ll.B.8. Deborah Bennett, 137 Seabreeze Avenue, Delray Beach, stated the City has
spoken very strongly about the need for a middle school and asked why this was not guaranteed
in the Interlocal Agreement?
At this point, the time being 8:00 p.m., the Commission moved to Item 12, First
Readings.
12.
FIRST READINGS:
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12.A. ORDINANCE NO. 25-02: An ordinance amending the Future Land Use Map
Amendment (Small-Scale) from CMR (Commerce) in part and GC (General Commercial) in part
to CMR (Commerce) and rezoning from MIC (Mixed Industrial and Commercial) in part and GC
(General Commercial) in part to MIC (Mixed Industrial and Commercial) for a 1.80 acre parcel
of land located at the northwest corner of West Atlantic Avenue and Interstate-95 known as
Depot Square Historic Site (former train station - 80 Depot Avenue). If passed, a public hearing
will be scheduled for July 16, 2002.
The caption of Ordinance No. 25-02 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
FUTURE LAND USE MAP DESIGNATION AS
CONTAINED IN THE COMPREHENSIVE PLAN FROM
CMR (COMMERCE) IN PART AND GC (GENERAL
COMMERCIAL) IN PART TO CMR (COMMERCE)
ELECTING TO PROCEED UNDER THE SINGLE HEARING
ADOPTION PROCESS FOR SMALL SCALE LAND USE
PLAN AMENDMENTS; AND REZONING AND PLACING
LAND PRESENTLY ZONED GC (GENERAL
COMMERCIAL) DISTRICT AND MIC (MIXED
INDUSTRIAL AND COMMERCIAL) DISTRICT TO MIC
(MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT;
SAID LAND BEING A PARCEL OF LAND LOCATED ON
THE NORTHWEST CORNER OF WEST ATLANTIC
AVENUE AND INTERSTATE-95 (FORMER TRAIN
STATION DEPOT), AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, FEBRUARY, 2002";
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 25-02 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance and stated this will be as a
quasi-judicial hearing with respect to the zoning aspects at the meeting of July 16, 2002.
Paul Dorling, Director of Planning and Zoning, stated the 1.08 acre property
contains the train depot constructed in 1986 and has been used as an office for an interior
decorator and furniture repair business.
A companion Conditional Use application has been submitted to use the northern
portion of the building as a monument and ornamental stone cutting and polishing business. As
the stone cutting use is not a use allowed under the current commercial Future Land Use Map
(FLUM) and Zoning categories, the applicant has sought a change.
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At its meeting of June 17, 2002, the Planning and Zoning Board held a public
hearing and after discussing the proposal, the Board unanimously voted to recommend approval
of the FLUM and Rezoning changes based on positive findings with respect to Future Land Use
Element Policy A-1.7 of the Comprehensive Plan (FLUM) Amendment Findings), LDR Section
3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals,
Objectives, and Policies of the Comprehensive Plan.
Mrs. Archer commented about the stone cutting monument business in close
proximity to 1-95 will be clearly visible from the highway and asked if there will be appropriate
screening. In response, Mr. Dorling stated that use is only allowed as a conditional use and as
part of that review screening will be an issue. Mr. Dorling continued to state that this has been
identified to the applicant and also went before the Historic Preservation Board for a
recommendation. The Board had some concern over the outdoor storage and will be the site
planning organization that will deal with the screening. Mr. Dorling stated through the
conditional use process the height can be limited to that which can be appropriately screened.
Mr. Levinson moved to approve Ordinance No. 25-02 on FIRST Reading,
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.
12.B. ORDINANCE NO. 27-02: An ordinance designating the S.E. O'Neal House
located at 910 N.E. 2nd Avenue to the local register of Historic Places. If passed, a public
hearing will be scheduled for July 16, 2002.
The caption of Ordinance No. 27-02 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, DESIGNATING
THE O'NEAL HOUSE, LOCATED AT 910 N.E. 2ND
AVENUE, AS MORE PARTICULARLY DESCRIBED
HEREIN, AS A LOCAL HISTORIC SITE TO BE LISTED IN
THE LOCAL REGISTER OF HISTORIC PLACES;
PROVIDING FOR THE AMENDMENT OF THE "ZONING
MAP OF DELRAY BEACH, FLORIDA, 2002" TO SHOW
THE HISTORIC DESIGNATION IN AN OVERLAY
MANNER; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 27-02 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated the proposed designation is
for Lots 1-3, 28 & 29, Block 10 of the Dell Park subdivision, which consists of a lot with a single
family residence in the center of the property with vacant lots on either side. Mr. Dorling stated
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it is a 1926 structure of Mediterranean-Revival style. The structure is outside the boundaries of
the five historic districts and the residence is unique and would be a good addition to the Local
Register Places as an individually listed property.
At its meeting of June 19, 2002, the Board unanimously (7-0) recommended
approval to list the O'Neal House in the Local Register of Historic Places. Mr. Dorling stated if
approved, the applicant proposes to seek waivers through the Historic Preservation Board to
construct two single family homes on each side of the structure.
Mr. Perlman moved to approve Ordinance No. 27-02 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt -
Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson -Yes; Ms. McCarthy - Yes. Said
motion passed with a 5 to 0 vote.
12.C. ORDINANCE NO. 28-02: An ordinance amending Ordinance No. 70-89,
regarding 615 North Ocean Boulevard, to increase the maximum floor area from 2,400 square
feet to 2,650 square feet for the enclosure of a 250 square foot porch. If passed, a public hearing
will be scheduled for July 16, 2002.
The caption of Ordinance No. 28-02 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
ORDINANCE NO. 70-89 BY AMENDING SECTION 2,
"REQUIREMENT OF DESIGNATION" TO INCREASE THE
MAXIMUM FLOOR AREA FROM 2,400 SQUARE FEET TO
2,650 SQUARE FEET FOR THE DWELLING UNIT WHICH
LIES EAST OF STATE ROAD A-1-A (615 N. OCEAN
BOULEVARD); PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 28-02 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated the ordinance relates to The
Fox Fontaine historic designation which contains approximately 2.5 acres of land and consists of
Lots 1, 2 and 3 of the Palm Beach Shore Acre plat. Lots 2 and 3 are on the west side of A-1-A
and have been the focus of recent activity by the City Commission. Lot 1 is located on the east
side of A-1-A and contains a modern 2,400 square foot home which was constructed in 1992.
The ordinance limited this home to a maximum of 2,400 square feet and the applicant now
wishes to enclose an existing porch increasing the square footage by 250 square feet for a total of
2,650 square feet.
At its meeting of June 19, 2002, the Historic Preservation Board considered the
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request and unanimously recommended approval (7-0) to increase the square footage of the
building from 2,400 square feet to 2,650 square feet. There was no public comment regarding
this project and two letters of support by owners of neighboring property were read into the
record. Staff supports the Board's recommendation to amend Ordinance No. 70-89 to increase
the gross floor area from 2,400 to 2,650 square feet.
Mrs. Archer asked if the home was sold or demolished, could a developer rebuild
another house with maximum square footage being a total of 2,650. Mr. Dorling explained that
the change will be specific from 2,400 to 2,650 and therefore during further modification of the
ordinance it would allow a 2,650 square foot house.
Mr. Levinson moved to approve Ordinance No. 28-02 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman -
Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes.
Said motion passed with a 5 to 0 vote.
12.D. ORDINANCE NO. 29-02: An ordinance amending Ordinance No. 9-95, which
designated the Susan Williams House, to modify the description and address of the property. If
passed, a public hearing will be scheduled for July 16, 2002.
The caption of Ordinance No. 29-02 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
ORDINANCE NO. 9-95 BY AMENDING THE CAPTION,
THE THIRD "WHEREAS" CLAUSE AND SECTION 1 TO
CORRECT THE PROPERTY DESCRIPTION AND
ADDRESS; PROVIDING FOR THE AMENDMENT OF THE
"ZONING MAP OF DELRAY BEACH, FLORIDA, 2002" TO
SHOW THE HISTORIC DESIGNATION IN AN OVERLAY
MANNER; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 29-02 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
The Susan Williams House historic designation was previously applied to the
house located at 30 N.W. 3rd Avenue on Lots 5 & 6 of Block 36. The structure has been moved
to 154 N.W. 5th Avenue just south of the Spady Museum. The ordinance currently lists the old
address and legal description and this change will be amended to update the property address and
legal description.
At its meeting of June 19, 2002 the Historic Preservation Board unanimously
recommended approval (7-0) of the amendment to Ordinance No. 9-95. Staff also recommends
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approval of the modification to Ordinance No. 9-95.
Mrs. Archer moved to approve Ordinance No. 29-02 on FIRST 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.
12.E. ORDINANCE NO. 30-02: An ordinance amending Chapter 35, "Employee
Policies and Benefits", Subheading "Retirement Plan" of the City Code of Ordinances by
amending Sections 35.097(J) and 35.097(L)(2)(B) to comply with the recent Internal Revenue
Code requirements and Florida Statutes. If passed, a public hearing will be scheduled for July
16, 2002.
The caption of Ordinance No. 30-02 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35,
"EMPLOYEES POLICIES AND BENEFITS", SUBHEADING
"RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
SECTION 35.097(J), "MAXIMUM PENSION", REVISING THE
LIMITATIONS ON MAXIMUM PENSION BENEFITS TO
CONFORM TO SECTION 415 OF THE INTERNAL REVENUE
CODE; AMENDING SECTION 35.097(L)(2)(B), "ELIGIBLE
RETIREMENT PLAN," PROVIDING ADDITIONAL ELIGIBLE
PLANS FOR ROLLOVER; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE,
AND PROVIDING AN EFFECTIVE DATE.
(The official copy of Ordinance No. 30-02 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Mrs. Archer moved to approve Ordinance No. 30-02 on FIRST Reading,
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.
At this point, the Commission moved to Item 13, Comments and Inquiries on
Non-Agenda Items.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.
Comments and Inquiries on Non-Agenda Items.
13.A. City Manager.
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07/02/02
With regard to the late invitations to the Haitian Day, the City Manager stated
these invitations were hand delivered to the City Manager's office on Thursday afternoon.
Realizing the event was being held the following evening, the Park Ranger made a special
delivery to the Commission that evening otherwise it would have been too late if it went in the
Commission mail packets on Friday. The person who delivered the invitations was very
apologetic about the lateness of getting invitations to the Commission. The City Manager stated
there are numerous occasions when invitations are received very late and if it is time sensitive,
the invitation is faxed out. The City Manager stated the City will try and alert people ahead of
time that if they want Commissioners to attend they need to indicate this early on.
The City Manager stated the first resident moved out of Breezy Ridge Estates and
relocated to another home in close proximity within the City. The City Manager stated this
resident actually paid less for the new home than what they received for the house they sold to
the City and commented they are very happy.
With regard to the 125 Plan, the City Manager stated the City will save money
because anything that goes into this plan is pre-taxed and therefore the City does not have to pay
Social Security taxes. The City Manager stated the level of participation is unknown at this
point.
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
Mrs. Archer stated at the last MPO Meeting, she received information that they
will have applications available for bus shelter grants probably in the month of August.
Secondly, Mrs. Archer commented she is glad to have been able to attend this
meeting today because at the prior Commission Meeting she stated that she may not be here.
Mrs. Archer noted that she will be leaving tomorrow morning to go out of town and does not
expect to return until July 12th and therefore will miss the Workshop Meeting of July 9, 2002.
13.C.2.
Commissioner Perlman
such a healthy
feels this goes
City staff over
Mr. Perlman stated he is happy to see that the property values have increased at
pace and that the City of Delray has exceeded some of the neighboring cities. He
beyond economic trends and is a testament to the work that has been done by the
the past decade.
Secondly, Mr. Perlman stated he had the opportunity to meet with Langton and
Associates who were in town for Palm Beach County. Mr. Perlman stated he had brief
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discussion with Lisa King, Langton and Associates, regarding how they could be used to
leverage what is happening with the Downtown Master Plan and what is being created in the
Southwest Plan. Mr. Perlman stated she left with a list of ideas and implied that there is a
window now for some of the larger ticket transportation items (i.e. one-way pairs and some of
the suggestions on Federal Highway). Mr. Perlman stated she suggested going the Federal route
and she will contact Congressman Shaw's staff in Washington to see if there are things in the
plan that Congressman Shaw may be able to tuck into an appropriations because the window is
closing rapidly.
Mr. Perlman stated he concurs with a comment expressed by Mr. Franciosa
regarding the Commission responding with facts and commented about Representative Andrews'
newsletter. Mr. Perlman stated he is proud of the Commission's decision for a new high school
and is very confident that a middle school is needed, that soccer fields are important, and
providing recreation for kids is a critical function the City provides. For the record, Mr. Perlman
stated he does not see a need for a referendum because he feels the last election in March became
a referendum regarding the relocation of Atlantic High School.
13.C.3. Mayor Schmidt
Mayor Schmidt concurred with Mr. Perlman's comment about there not being a
need for a referendum. Mayor $chmidt stated at the last few meetings he finds it disturbing to
see residents wrapping themselves in the First Amendment thinking they can say anything to a
public official and not have to worry about possible repercussions or whether or not such speech
is permitted under the Constitution and the First Amendment. For example, Mayor $chmidt
stated that a false accusation made with malice is liable and slander depending on how it is
published. Mayor $chmidt stated he is upset over some of the comments that have been made
especially since people have been asked repeatedly to show information that supports these
accusations and they come forward with nothing.
Mayor Schmidt stated if Mr. Warner feels a certain amount of decorum needs to
be present on the Commission then Mayor Schmidt commented that this also should go down to
the Board level. Mayor Schmidt stated he is still waiting for an apology from Mr. Warner for his
actions at the Atlantic High School meeting.
13.C.4.
Commissioner McCarthy
Ms. McCarthy had no comments or inquiries on non-agenda items.
13.C.5.
Commissioner Levinson
Mr. Levinson stated he is pleased to see that there will be a Skate Board Park
Meeting and inquired as to how these flyers are being distributed.
Mr. Levinson stated the Gulf Stream Council Boy Scouts of America held an
Award Luncheon honoring the City Manager and complimented him for receiving the 2002
Delray Beach Distinguished Citizen Award. Mr. Levinson apologized for not being able to
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07/02/02
attend the luncheon because he was Chairing the Leadership Florida Annual Meeting. He
publicly thanked the Downtown Joint Venture staff and stated seven restaurants along Atlantic
Avenue hosted cocktail receptions (free of charge) for the classes and commented it was
spectacular. In addition, Mr. Levinson stated there was a scavenger hunt held for the members
of the Leadership Florida class and approximately ninety forms were turned in and a weekend
away at a hotel for the winter was awarded to the winner.
With regard to Nancy Davila's comments about the Project Shade Tree, Mr.
Levinson stated he feels it would be great if something like this could be done and suggested that
Mrs. Finst assist staff in identifying how the program could be better.
With regard to the School Board Meeting, Mr. Levinson stated the middle school
is on the 6 through 10-year Capital Plan. Although the School Board was in a cash crunch for
the 2003 fiscal year, the tax increase has helped them mitigate that. Therefore, Mr. Levinson
stated the deferral (not the elimination) of the four auditoriums and the stadiums has now been
put back on track into 2003 fiscal year. Those schools that do not have them will be getting them
in the order of the way in which they were built. Mr. Levinson stated other schools Triple L
(West Boca) and Triple E (West Boynton) will get auditoriums and ball fields.
Lastly, Mr. Levinson stated he attended the League of Cities Meeting and stated
they are very anxious to get everyone to attend particularly because it is at the Boca Hotel this
year and hopes everyone will be able to attend.
Mr. Levinson stated and Frank Wheat chaired his last meeting for the Downtown
Development Authority (DDA). Mr. Levinson stated the new appointees were very appreciative
and focused on the new downtown branding. Mr. Levinson commented that this is very exciting
and will ultimately benefit the entire City and is not just a downtown branding effort.
At this point the time being 8:25 p.m., Mayor Schmidt adjourned the Regular
Meeting to Item 14, Closed Attorney/Client Session.
14. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011 (8) re: the
case of Gayle Nye vs. the City of Delray Beach.
Attendees:
Mayor David Schmidt
Commissioner Pat Archer
Commissioner Alberta McCarthy
Commissioner Jeff Perlman
Commissioner Jon Levinson
City Manager David Harden
City Attorney Susan Ruby
A certified court reporter
Purpose:
Discuss settlement negotiations and strategy related to litigation
expenditures in the above case.
Mayor Schmidt read the following statement for the record:
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"The City has
07/02/02
scheduled a closed attorney-client session pursuant to Florida Statutes 286.011(8) regarding the
Gayle Nye v. City of Delray Beach case (Case No. CL 00-10795-AE). The estimated length of
the closed session shall be 15 minutes. The following persons will be attending: Mayor David
W. Schmidt, Commissioners Pat Archer, Alberta McCarthy, JeffPerlman and Jon Levinson, City
Manager David Harden, City Attorney Susan Ruby, and a certified court reporter."
At this point, the time being 8:40 p.m., Mayor Schmidt reconvened the Regular
Meeting and announced that the Closed Attorney/Client Session was terminated.
15. SETTLEMENT OF NYE V. CITY OF DELRAY BEACH: Consider
settlement of the referenced matter.
Mr. Perlman moved to settle for the terms outlined in the case of Nye v. the City
of Delray Beach and authorize the City Manager to sign the settlement agreement, seconded by
Mrs. Archer. Upon roll call the Commission voted as follows: Said motion passed with a 5 to
0 vote.
There being no further business, Mayor Schmidt declared the meeting adjourned
at 8:45 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 July 2, 2002,
which Minutes were formally approved and adopted by the City Commission on
City Clerk
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07/02/02
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 to the Minutes
as set forth above.
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07/02/02
scheduled a closed attorney-client session pursuant to Florida Statutes 286.011(8) regarding the
Gayle Nye v. City of Delray Beach case (Case No. CL 00-10795-AE). The estimated length of
the closed session shall be 15 minutes. The following persons will be attending: Mayor David
W. Schmidt, Commissioners Pat Archer, Alberta McCarthy, JeffPerlman and Jon Levinson, City
Manager David Harden, City Attorney Susan Ruby, and a certified court reporter."
At this point, the time being 8:40 p.m., Mayor Schmidt reconvened the Regular
Meeting and announced that the Closed Attorney/Client Session was terminated.
15. SETTLEMENT OF NYE V. CITY OF DELRAY BEACH: Consider
settlement of the referenced matter.
Mr. Perlman moved to settle for the terms outlined in the case of Nye v. the City
of Delray Beach and authorize the City Manager to sign the settlement agreement, seconded by
Mrs. Archer. Upon roll call the Commission voted as follows: Said motion passed with a 5 to
0 vote.
at 8:45 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 July 2, 2002,
w)Xileh .Minutes were formally approved and adopted by the City Commission on
City Clerk
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07/02/02
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 at~er
review and approval which may involve some amendments, additions or deletions to the Minutes
as set forth above.
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07/02/02