08-06-02AUGUST 6~ 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, August 6, 2002.
1. Roll call showed:
Present -
Commissioner Patricia Archer
Commissioner Alberta McCarthy
Commissioner Jeff Perlman
Commissioner Jon Levinson
Mayor David W. Schmidt
Absent -
None
Also present were -
City Manager David T. Harden
Assistant City Manager Robert A. Barcinski
City Attorney Susan A. Ruby
City Clerk Barbara Garito
2_ The opening prayer was delivered by Reverend Dan Casselberry, Cason United
Methodist 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 noted a correction to Item 8.S.3. Award of Bids and Contracts
of the Consent Agenda and stated it should read LWDD L-33 Canal and not the LWDD L-30
Canal.
Also, Mayor Schmidt stated the applicant has requested that Item 10.B.
Ordinance No. 25-02 and Item 10.B.1 Conditional Use Request be withdrawn from the
Agenda.
Mr. Levinson commented about Item 8.K., Extension of Occupancy
Agreement/Pious Society, and stated at some point the City will have to deliver that land to
someone and will not be able to extend the Pious Society's occupancy forever.
Mrs. Archer moved to approve the Agenda as amended, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer -
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with
a 5 to 0 vote.
5. APPROVAL OF MINUTES:
Ms. McCarthy moved to approve the Minutes of the Regular Meeting of July 16,
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.
PROCLAMATIONS:
6.A. City of Delray Beach Firefighter Appreciation Week - August 26th -
September 2~ 2002
Mayor Schmidt read and presented a proclamation hereby proclaiming the week
of August 26, 2002, through September 2, 2002, as City of Delray Beach Firefighter
Appreciation Week. Chief Koen and Michael Wise of the Fire Department came forward to
thank the Commission for this recognition.
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Prostate Cancer Awareness Month - September 2002
Mayor Schmidt noted a proclamation hereby proclaiming September 2002 as
Prostate Cancer Awareness Month.
PRESENTATIONS:
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Public Arts Task Force - Richard McGloin/Glen Weiss
Richard McCloim Public Arts Task Force~ briefly explained that the purpose of
the task force is to identify the methods the City can adopt to incorporate art into future
redevelopment projects within the City. A task force is needed to research and identify the best
methods to incorporate art into all development, administer the process, set parameters to be used
to select the art, and fund this process.
Glenn Weiss~ Director of Pineapple Grove Artwalk~ gave a brief presentation
with slides of various forms of artwork.
At this point, Mr. McCloin explained the Public Arts Task Force will consist of
five members (5) including a chairperson, an artist, an architect, a landscape architect and
developer. Mr. McCloin stated the following additional four staff persons have agreed to an
advisory role upon approval by the City Commission:
Glenn Weiss, Director of Pineapple Grove Artwalk
Nancy Davila, City Horticulturist
Joan Goldberg, PB Cultural Council, Director, Art in Public Places
Diane Hervey, CRA Staff
Mr. McCloin stated they would also welcome a Commissioner to be on the staff if
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the City Commission so chooses.
Mr. Perlman stated he feels this is a great idea and commented that maybe there is
some grant money available.
Ms. McCarthy stated primary colors look wonderful, however, when the colors
start to fade from the sun it actually distracts from the beauty of what is being displayed.
Therefore, Ms. McCarthy stated should this Task Force be formed she suggested that they look
into the cost of maintenance.
Mr. Levinson stated he feels this is great.
The City Manager stated when they reach the stage of implementation he
suggested to get the public involved as much as possible.
Mrs. Archer concurred with comments expressed by the City Manager.
Mayor Schmidt suggested that this be advertised so that applicants can apply and
asked the City Attorney to draft a resolution for the next regular meeting of September 3, 2002.
In addition, Mayor Schmidt gave direction to the City Clerk to work on an application so that the
Commission will be in a position to appoint five (5) members at the next regular meeting of
September 3, 2002.
It was the consensus of the Commission to advertise for applicants for the Public
Arts Task Force and authorize the City Attorney to draft a resolution for the next regular meeting
of September 3, 2002.
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CONSENT AGENDA: City Manager Recommends Approval.
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RATIFICATION OF THE SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify
the actions of the South Central Regional Wastewater Treatment and Disposal Board at their
Quarter Annual Meeting of July 18, 2002.
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RESOLUTION NO. 39-02/ABANDONMENT OF UTILITY
EASEMENT/BLOCK 36: Approve the abandonment of a 16-foot utility easement within
Block 36, less the west half (W. 1/2) of the 16-foot utility easement lying east of and adjacent to
the east line of Lots 16 through 21, located on the north side of West Atlantic Avenue, between
N.W. 3rd Avenue and N.W. 4th Avenue.
The caption of Resolution No. 39-02 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING ALL OF THE 16-FOOT UTILITY EASEMENT
LYING WITHIN BLOCK 36 (REVISED PLAT OF BLOCK 36),
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TOWN OF DELRAY, AS MORE
DESCRIBED HEREIN.
PARTICULARLY
(The official copy of Resolution No. 39-02 is on file in the City Clerk's office.)
8.C.
west alley and
between N.W.
RESOLUTION NO. 66-02: Approve Resolution No. 66-02 abandoning the east-
a portion of the north-south alley within Block 28, Town of Delray Plat, located
4th Avenue and N.W. 5th Avenue.
The caption of Resolution No. 66-02 is as follows:
A RESOLUTION OF THE CITY COMMISISON OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDOINING A PORTION OF THE ALLEY RIGHT-OF-
WAY (ROW) LOCATED IN THE SOUTH HALF OF BLOCK
28, PLAT OF THE TOWN OF LINTON (NOW DELRAY), AS
MORE PARTICULARLY DESCRIBED HEREIN.
(The official copy of Resolution No. 66-02 is on file in the City Clerk's office.)
8.D. ACCEPTANCE OF A RIGHT-OF-WAY DEED/PROSPERI: Approve and
accept a right-of-way deed with Mr. and Mrs. Prosperi regarding construction of a warehouse
located adjacent to Wallace Drive, just south of Georgia Avenue.
8.E. FINAL SUBDIVISION PLAT APPROVAL/ATLANTIC GROVE: Approve
the subdivision plat for Atlantic Grove, located just north of West Atlantic Avenue, between
N.W. 5th Avenue and N.W. 3rd Avenue.
8.F. HAMMOCK RESERVE HOMEOWNERS' ASSOCIATION TRAFFIC
ENFORCEMENT AGREEMENT: Approve an agreement between the City and Hammock
Reserve Homeowners' Association allowing the Delray Beach Police Department to enforce
local and state traffic laws on its property.
8.G. CITY OF DELRAY BEACH/PALM BEACH COUNTY FUNDING
AGREEMENT: Approve an agreement between the City and Palm Beach County in an amount
not to exceed $250,000.00 for the Southwest Area Improvements Project.
8.H. AMERICAN SOCIETY OF COMPOSERS~ AUTHORS~ AND
PUBLISHERS (ASCAP)/LICENSE AGREEMENT: Approve a license agreement between
the City and the American Society of Composers, Authors, and Publishers, (ASCAP) for local
government protection regarding copyright infringement, when music is played at public venues.
8.1. 2002 LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG): Approve
acceptance and the proposed allocation of the 2002 Local Law Enforcement Block Grant in the
amount of $172,320.00 with a City match of funds in the amount of $19,145.00 for a total
amount of $191,465.00.
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MODIFICATION TO DEP CONTRACT FOR FUNDING RELATING TO
THE YEAR 2002 BEACH NOURISHMENT PROJECT: Approve a reduction in the
Florida Department of Environmental Protection (DEP) contract #99PB2 in the amount of
$120,000.00 for the construction phase of the B each Nourishment Project.
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EXTENSION OF OCCUPANCY AGREEMENT/PIOUS SOCIETY:
Approve the Pious Society's request to extend their occupancy on City-owned property until
October 31, 2002; contingent upon the accessibility of the property to the City and its authorized
designees for inspections, required studies, and tests.
8.L. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND
DISPOSAL BOARD FUNDING/RECLAIMED WATER SYSTEM EXPANSION:
Authorize funding in the amount of $24,000.00 to South Central Regional Wastewater Treatment
and Disposal Board (SCRWTDB) for preparation of a federal funding request package regarding
the Reclaimed Water System Expansion project. Funding is available from 441-5181-536-63.95
(SCRWTB Reuse System Expansion).
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AMENDMENT TO BOARD OF CONSTRUCTION APPEALS RULES:
Approve revisions to the Board of Construction Appeals Rules incorporating the recently
adopted procedures for quasi-judicial hearings.
8.N. AMENDMENT TO HISTORIC PRESERVATION BOARD RULES:
Approve revisions to the Historic Preservation Board Rules incorporating the recently adopted
procedures for quasi-judicial hearings.
8.0. CODE ENFORCEMENT BOARD RULES: Approve revised General Rules
of Procedure for the Code Enforcement Board as adopted by that board on May 14, 2002.
8.P. RESOLUTION NO. 64-02 / RESOLUTION NO. 65-02: Consider approval of
Resolution No. 64-02 and Resolution No. 65-02 authorizing the City to purchase properties for
drainage retention located in the 400 block of S.W. 7th Avenue, and Contract for Sale and
Purchase between the City and Alan Klasfeld in the amount of $13,500.00 per lot.
The caption of Resolution No. 64-02 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, DESCRIBED SUB OF
SECTION 20-46-43, NORTH 50 FEET OF THE SOUTH 200
FEET OF THE EAST 140 FEET OF THE WEST 305 FEET OF
THE NORTH lA OF LOT 1 LOCATED ON SW 7TM AVENUE AS
MORE PARTICULARLY DESCRIBED HEREIN, HEREBY
IINCORPORATING AND ACCEPTING THE CONTRACT
STATING THE TERMS AND CONDITIONS FOR THE SALE
AND PURCHASE BETWEEN ALAN KLASFELD AND THE
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CITY OF DELRAY BEACH, FLORIDA.
(The official copy of Resolution No. 64-02 is on file in the City Clerk's office.)
The caption of Resolution No. 65-02 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, DESCRIBED SUB OF
SECTION 20-46-43, NORTH 50 FEET OF THE SOUTH 150
FEET OF THE EAST 140 FEET OF THE WEST 305 FEET OF
THE NORTH lA OF LOT 1 LOCATED ON SW 7th AVENUE AS
MORE PARTICULARLY DESCRIBED HEREIN, HEREBY
INCORPORATING AND ACCEPTING THE CONTRACT
STATING THE TERMS AND CONDITIONS FOR THE SALE
AND PURCHASE BETWEEN ALAN KLASFELD AND THE
CITY OF DELRAY BEACH, FLORIDA.
(The official copy of Resolution No. 65-02 is on file in the City Clerk's office.)
8.Q. HOUSING REHABILITATION GRANT\CONTRACT AWARD: Approve
cancellation of Housing Rehabilitation grant\contract award to South Florida Construction (44
NW 8th Avenue) and authorize the Purchasing Division to liquidate the balance of the purchase
order.
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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 July 15,
2002 through August 2, 2002.
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AWARD OF BIDS AND CONTRACTS:
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Purchase award to DGG Taser Company (sole provider) in the amount of
$46,663.80 for the purchase of sixty (60) M-26 Advanced Air Tasers for
the Police Department. Funding is available from 115-2112-521-49.90
(Federal Asset Forfeiture Account).
Purchase award to Lawmen's and Shooters' Supply, Inc. in the amount of
$19,547.22 for the purchase of forty-five (45) Stinger Spike Systems and
twenty-five (25) repair kits for newly purchased vehicles under the Police
Department's "Take Home Vehicle Program". Funding is available from
115-2112-521-49.90 (Federal Asset Forfeiture Account).
Contract award to Johnson-Davis, Inc. in the amount of $745,000.00 for
the LWDD L-30 Canal Culvert. Funding is available from 334-6120-519-
63.90 for $706,000.00 (General Construction Fund/New High School
Site/Other Improvements) and 442-5178-536-63.50 for $39,000.00
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(Water/Sewer Renewal & Replacement/Water Mains).
Mr. Levinson moved to approve the Consent Agenda as amended, 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.
REGULAR AGENDA:
9.A. CONDITIONAL USE REQUEST/PALADIN ACADEMY: Consider a
request for conditional use approval to allow the establishment of a private school, Paladin
Academy within Lake Ida Plaza, located at the southwest corner of Lake Ida Road and Congress
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.
Mayor Schmidt asked the Commission to disclose any ex parte contacts. Mrs.
Archer had no ex parte contacts. Mr. Perlman, Mayor Schmidt, Ms. McCarthy, and Mr.
Levinson stated they each had a brief telephone conversation with Mr. Weiner this afternoon.
The City Clerk swore in those individuals who wished to give testimony on this
item.
Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning
Department project file #2002-264 into the record.
At its meeting of June 18, 2002, the City Commission approved a Land
Development Regulation text amendment to allow Private schools and other similar educational
facilities as a conditional use in the PC (Planned Commercial) zoning district.
At its meeting of July 15, 2002, the Planning and Zoning Board held a public
hearing in conjunction with the request and no one from the public spoke. After discussing the
proposal, the Board unanimously voted to recommend approval of the private school. The
recommendation for approval included a waiver from the minimum outdoor play area
requirement and conditions as listed in the City Commission documentation report.
Michael Weiner, speaking on behalf of the applicant Nobel Learning
Communities, Inc., stated the application is to allow a private school within the shopping plaza
consisting of 6,153 square feet of indoor space and 5,500 square feet of outdoor play area. Mr.
Weiner stated the applicant agrees with all of the conditions which are set forth by staff and
Planning and Zoning. For example, Mr. Weiner stated there will be no more than 100 students
enrolled in the school, hours of operation are from 8:00 a.m. until 5:00 p.m., and noted that the
peak times of activity for the school (pickup and drop off) are those times during which the
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shopping center is least utilized. Mr. Weiner continued to state that originally private schools
were not allowed in the PC Zoning District and thus the Commission amended its zoning
regulations to allow for this kind of use within the PC Zoning District and this is the reason for
the conditional use request. Mr. Weiner stated three Performance Standards are all met
(consistent with the Future Land Use Map, the appropriate levels of concurrency are met, and
there is a finding of overall consistency with the Comprehensive Plan). Mr. Weiner entered into
the record the Objectives and Policies that are set forth in the Comprehensive Plan which backup
this particular use. In addition, Mr. Weiner stated Section 2.4.5(E)(5) of the Land Development
Regulations has two standards which have to be met. Those two standards being "that the use
will not have a significantly detrimental effect upon the stability of the neighborhood within
which it will be located and that the use will not hinder development or redevelopment of nearby
properties." Mr. Weiner stated both of these standards are met. Mr. Weiner noted that there will
be no more than 25 students allowed in the outdoor play area at any one time. Therefore, Mr.
Weiner stated they will not have less than 75 square feet available to each student in the play
area. Since all the conditions for both the conditional use and the waiver are met, Mr. Weiner
asked for the approval of the Commission.
Mayor Schmidt declared the public hearing open. There being no one from the
public who wished to speak in favor or in opposition of this application, the public hearing was
closed.
There was no cross-examination or rebuttal.
Ms. McCarthy asked if anyone has had any communication with the day care
center with regard to the egress and ingress. With regard to the transportation, Ms. McCarthy
stated she recalls brief discussion about the back of the plaza on the north side. Mr. Weiner
stated the back of the plaza will be utilized for the purpose of parking the buses only.
Dennis Kell¥~ Vice President of Special Education of Paladin Academ¥~ stated
the egress for the day care center is at the back and the egress for Paladin Academy is at the front
and does not anticipate a conflict. Mr. Kelly noted the hours of operation for the day care will be
from 6:00 a.m. until 6:00 p.m.
Mr. Perlman commented Nobel
reputation and he feels this is a great addition.
applicant for making this happen.
Learning Communities, Inc. has a good
Furthermore, Mr. Perlman commended the
Mrs. Archer stated she feels this is a very creative use of an existing property and
commented that this is a good location for the private school.
Mr. Levinson moved to approve waiver and the conditional use request for a
private school for Paladin Academy based upon positive findings with respect to Chapter 3
(Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the LDR's, and
the Goals, Objectives and Policies of the Comprehensive Plan, subject to the four conditions as
listed on page two of the City Commission documentation report, seconded by Mrs. Archer.
Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes;
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Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0
vote.
9.B. CONDITIONAL USE REQUEST/JOURDAN'S BRIDGE CLUB: Consider a
request for conditional use approval to allow the establishment of Jourdan's Bridge Club within a
5,000 square feet bay of the Delray Square Phase II Shopping Center, located on the east side of
Military Trail, approximately 650 feet north of Atlantic 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.
Mayor Schmidt commented that Mr. Dorling has already been sworn in (Item
9.A.) and asked if there is anyone from the public who wishes to address the Commission on this
item, to please come forward and be sworn in.
Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex
parte contacts were noted.
Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning
Department project file #2002-263 into the record.
The conditional use request is to establish Jourdan's Bridge Club within the
Delray Square II Shopping Plaza. The use falls within the category of Clubs and Lodges and
therefore is a conditional use in the LDR's under the General Commercial (GC) zoning district.
The business will occupy 5,000 square feet within one bay at the east end of the shopping center,
immediately to the north of the South Palm Beach County Jewish Federation. Business hours
will be from 10:00 a.m. until 4:00 p.m. and between the hours of 7:30 p.m. to 10:30 p.m.
Monday through Thursday for tournament play. The maximum capacity of the facility will be
238 people at 58 tables.
At its meeting of July 15, 2002, the Planning and Zoning Board voted
unanimously 7-0 to recommend approval of the conditional use.
Mayor Schmidt declared the pubic hearing open. There being no one who wished
to address the Commission regarding the Conditional Use Request, the public hearing was
closed.
Mrs. Archer moved to approve the conditional use request subject to the
maximum capacity and hours of operation as set forth in the Planning and Zoning staff report,
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.
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9.C. FINAL SUBDIVISION PLAT APPROVAL/CRUZAN CORNER: Consider
approval of the subdivision plat for Cruzan Corner, located just south ofN.W. 7th Street, between
N.W. dth Avenue and (abandoned) N.W. 3ra Avenue.
Mayor Schmidt stepped down due to a conflict of interest and passed the gavel to
Vice-Mayor Perlman.
Mr. Levinson moved to approve the preliminary plat for Cruzan Corner based
upon positive findings with respect to Section 3.1.1, Section 3.2.3 and Objectives and Policies of
the Comprehensive Plan, seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Vice-Mayor Perlman -
Yes. Said motion passed with a 4 to a vote.
9.D ROOTS CULTURAL FESTIVAL: Consider a request to allow the Roots
Cultural Festival, Inc. to charge a fee for the use of parking in the lots on the north side of City
Hall on August la, 2002 and August 11, 2002.
Mayor Schmidt returned to the dais.
Robert A. Barcinski, Assistant City Manager, stated this is a request from Tommy
Stevens, Executive Director of the Roots Cultural Festival, to allow representatives of Roots and
MAD DADS Youth Drill Team to charge a fee of $5.00 per day to park for the Roots Cultural
Festival in the City Hall parking lots for August l0th and 1 lth during the event which will be
held at Old School Square.
Mrs. Archer asked if the City has ever allowed someone to use a City lot and
charge for parking. In response, Mr. Barcinski stated he believes the City may have charged for
some of the tennis tournaments and have charged for parking before on occasion.
Mr. Levinson moved to approve allowing the Roots Cultural Festival, Inc. to
charge a fee of $5.00 per day for the use of parking in the lots on the north side of City Hall on
August la, 2002, and August 11, 2002, seconded by Ms. McCarthy. Upon roll call the
Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt -
Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to a vote.
9.E. LICENSE AGREEMENT/BAKA ENTERPRISES, INC: Consider approval
of a license agreement with BAKA Enterprises, Inc. for the use of Tennis Center Stadium,
Clubhouse, and Community Center from 9:00 a.m. on September 27, 2002 through 6:00 p.m. on
September 30, 2002.
Robert A. Barcinski, Assistant City Manager, stated this is a License Agreement
for BAKA Enterprises, Inc. to hold a boxing event on September 28, 2002, utilizing the Tennis
Center Stadium, the Clubhouse and Community Center from 9:00 a.m. September 27th through
6:00 p.m. on September BOth. BAKA Enterprises, Inc. will be responsible for managing the
event, promotion, advertising, set-up of the boxing ring, ticket sales, and concessions. Mr.
Barcinski stated BAKA Enterprises, Inc. held a similar event at our site on May 25, 2002. The
net profit to the City for that event was $5,095 and the estimated net profit for this event is
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$9,250.
The City Manager commented the City's site management staff has had
discussions with Baka Enterprises, Inc. regarding marketing of the previous event and they are
expected to do a much better job this time.
Mayor Schmidt stated he has received comments from people who have felt the
ticket price is rather exorbitant for the quality of the boxing that went on at the event and
suggested that this be looked into for attendance purposes.
Mr. Levinson expressed concern over all the fees which are required to be paid to
the City seventy-two (72) hours prior to the event. With regard to leasing the City's facilities for
future events, Mr. Levinson suggested that there be some performance bond or other
methodology possibly earlier than the seventy-two (72) hours with the final payment to be paid
within the seventy-two (72) hours.
With regard to the description about the use of the building, Ms. McCarthy asked
if this includes the ticket booth as well. Mr. Barcinski stated that BAKA Enterprises, Inc. would
also be able to utilize the ticket booth. Ms. McCarthy expressed concern over someone maybe
having the clubhouse reserved for this day. Mr. Barcinski stated he is certain that the clubhouse
is available and commented that no other events are being held the day of the boxing event. Ms.
McCarthy stated she feels there should be some type of deposit to hold that particular date for the
facilities once it has been contract assigned.
Mr. Perlman inquired if there are any name boxers scheduled to box for this
event. Mr. Barcinski stated he has not seen a list of boxers yet for this event.
Mrs. Archer moved to approve the License Agreement with BAKA Enterprises,
Inc. for the boxing event proposed to be held at the Tennis Stadium on September 28, 2002, from
6:00 p.m. until 11:00 p.m., seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes;
Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
9.F. ARCHITECT/MUNICIPAL GOLF COURSE: Consider authorizing contract
negotiations with Ward Northrup to provide architectural services for needed improvements at
the Municipal Golf Course.
Robert A. Barcinski, Assistant City Manager, stated this is a request to authorize
staff to proceed with contract negotiations with Ward Northrup to provide architectural services
for improvements needed at the Municipal Golf Course.
Mr. Perlman inquired about the cost to do greens and irrigation. Mr. Barcinski
stated that cost to do greens, irrigation, and remove a portion of the first tee and portion of the
employee parking lot is estimated to cost approximately $900,000 (if greens are rebuilt from the
bottom up).
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Mrs. Archer moved to approve authorizing contract negotiations with Ward
Northrup to provide architectural services for needed improvements at the Municipal Golf
Course, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor
Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy -
Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 7:00 p.m., the Commission moved to the duly
advertised Public Hearings portion of the agenda.
10.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 33-02 (FIRST READING/FIRST PUBLIC HEARING}:
An ordinance amending the Land Development Regulations to modify the definition and
regulations pertaining to substance abuse treatment facilities and amending Section 4.4.6
Medium Density Residential (RM) district by removing residential alcohol and drug treatment
facilities as a conditional use. If passed, a second public hearing will be scheduled for August 20,
2002. 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.
The City Manager presented Ordinance No. 33-02:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, BY REPEALING SECTION 4.3.3(D), "RESIDENTIAL
AND NON-RESIDENTIAL ALCOHOL AND DRUG ABUSE
TREATMENT FACILITIES" AND ENACTING A NEW
SECTION 4.3.3(D), "SUBSTANCE ABUSE TREATMENT
FACILITIES", PROVIDING A DEFINITION AND
ESTABLISHING A MINIMUM CRITERIA FOR SUBSTANCE
ABUSE TREATMENT FACILITIES, ADDRESSING THE
EFFECTIVE DATE FOR EXISTING SUBSTANCE ABUSE
TREATMENT FACILITIES; AMENDING SECTION 4.3.3(I),
"COMMUNITY RESIDENTIAL AND GROUP HOMES" TO
EXCLUDE CERTAIN SUBSTANCE ABUSE TREATMENT
FACILITIES; AMENDING SECTION 4.4.6 "MEDIUM
DENSITY RESIDENTIAL (RM) DISTRICT", SUBSECTION
4.4.6(D), "CONDITIONAL USES AND STRUCTURES
ALLOWED", BY REMOVING RESIDENTIAL ALCOHOL
AND DRUG ABUSE TREATMENT FACILITIES; AMENDING
SECTION 4.4.9 "GENERAL COMMERCIAL (GC) DISTRICT",
SUBSECTION 4.4.9 (D), "CONDITIONAL USES AND
STRUCTURES ALLOWED", BY REPLACING RESIDENTIAL
ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES
WITH SUBSTANCE ABUSE TREATMENT FACILITIES;
AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD)
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DISTRICT," SUBSECTION 4.4.13 (D), "CONDITIONAL USES
AND STRUCTURES ALLOWED," BY REPLACING
RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT
FACILITIES WITH SUBSTANCE ABUSE TREATMENT
FACILITIES; AMENDING 4.4.16, "PROFESSIONAL AND
OFFICE (POD) DISTRICT," SUBSECTION 4.4.16 (D),
"CONDITIONAL USES AND STRUCTURES ALLOWED," BY
REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE
TREATMENT FACILITIES WITH SUBSTANCE ABUSE
TREATMENT FACILITIES; AMENDING 4.4.17,
"RESIDENTIAL OFFICE (RO) DISTRICT," SUBSECTION
4.4.17 (D), "CONDITIONAL USES AND STRUCTURES
ALLOWED," BY REPLACING RESIDENTIAL ALCOHOL
AND DRUG ABUSE TREATMENT FACILITIES WITH
SUBSTANCE ABUSE TREATMENT FACILITIES;
AMENDING 4.4.21, "COMMUNITY FACILITIES (CF)
DISTRICT," SUBSECTION 4.4.21(D), CONDITIONAL USES
AND STRUCTURES ALLOWED", BY REPLACING
RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT
FACILITIES WITH SUBSTANCE ABUSE TREATMENT
FACILITIES; AMENDING 4.4.24, "OLD SCHOOL SQUARE
HISTORIC ARTS DISTRICT (OSSHAD)," SUBSECTION 4.4.24
(D), "CONDITIONAL USES AND STRUCTURES ALLOWED,"
BY REPLACING RESIDENTIAL ALCOHOL AND DRUG
ABUSE TREATMENT FACILITIES WITH SUBSTANCE
ABUSE TREATMENT FACILITIES; AMENDING
SUBSECTION 4.6.9 (C), "NUMBER OF PARKING SPACES
REQUIRED," BY REPLACING RESIDENTIAL ALCOHOL
AND DRUG ABUSE TREATMENT FACILITIES WITH
SUBSTANCE ABUSE TREATMENT FACILITIES;
AMENDING APPENDIX "A", "TERM AND DEFINITION," BY
REPEALING THE DEFINITIONS OF "NON-RESIDENTIAL
SUBSTANCE ABUSE TREATMENT FACILITY,"
"RESIDENTIAL TREATMENT FACILITY," AND
"SUBSTANCE ABUSE" IN THEIR ENTIRETY AND ADDING
THE DEFINITION OF "SUBSTANCE ABUSE TREATMENT
FACILITY"; PROVIDING A SAVINGS CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 33-02 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
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08/06/02
Paul Dorling, Director of Planning and Zoning, stated the changes included to
modify the current location restrictions of 1200 feet from public and private, elementary, middle
and secondary schools to 1,000 feet to be consistent with the State Statute. The amendment also
involves changing the definition of substance abuse treatment facilities, and accordingly
renaming residential and non-residential alcohol and drug abuse treatment facilities to substance
abuse treatment facilities throughout the LDR's. The largely substantial item of this amendment
involves removing treatment facilities from the RM (Medium Density Residential) zoning
district, as a conditional use. Mr. Dorling stated the drug abuse facilities are allowed as a
conditional use in business and commercial districts as well as OSSHAD and RO (Residential
Office) and RM (Medium Density Residential).
At its meeting of July 15, 2002, the Planning and Zoning Board held a public
hearing regarding this item and after discussing the text amendment, the Board voted 7-0 to
recommend approval of the proposed text amendment based upon positive findings with respect
to LDR Section 2.4.5(M), with associated grammatical changes as determined by the City
Attorney.
Mayor Schmidt declared the public hearing open.
Sandra Allam 2553 Bessie Street~ Delray Beach~ stated some of the residential
homes in her community are being bought and rented by large alcoholic groups. Ms. Allan
stated a substance drug abuse facility belongs in a medical zoned area not next to schools or in
residential communities. Furthermore, Ms. Allan commented about apartments on the corner of
Linton Boulevard and stated originally these apartments in the front were only supposed to be for
people to live in and rent. Ms. Allan stated according to the City code there was only supposed
to be a certain percentage that would be utilized for that purpose and now these apartments are
being used 100 percent for that purpose.
Carolyn Zimmermam 212 S.W. 2na Avenue~ Delray Beach~ and President of
the Presidents Council~ feels this is bad for the communities and hopes this ordinance is
something that is going to eliminate these types of facilities from residential areas and stated she
would appreciate the help of the Commission.
Gloria Elliott~ 345 S. Swinton Avenue~ Delray Beach~ stated she lives in the
hub of the rehab section and commented that many of these homes are being purchased within
approximately 1 lA weeks. Ms. Elliott stated the City should limit the number of drug treatment
facilities if there is going to be a designated section of town for them. Furthermore, Ms. Elliott
suggested that the Fire Department properly check these properties for smoke detectors, etc.
Bunny Elrod~ 302 S.W. 1st Avenue~ Delray Beach~ stated if Boca Raton can
have a strong enforcement law and if Boynton Beach can put their facilities in a business park,
why is Delray Beach the only City that disperses these houses among residential neighborhoods.
Ms. Elrod stated she does not understand why every other town appears to be able to control it.
John Bennett~ 137 Seabreeze Avenue~ Delray Beach~ stated he feels it is great
that staff has moved forward on this new legislation and stated he would like the assurance that
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this is the maximum rate the new legislation gives us. Mr. Bennett stated that Boca Raton seems
to have stricter requirements and suggested that staff review the landlord regulations.
There being no one else who wished to address the Commission regarding
Ordinance No. 33-02, the public hearing was closed.
Mayor Schmidt commented that according to the newspaper articles it appears
that Boca Raton is prohibiting these facilities in residential areas.
Mr. Dorling stated Boca Raton is allowing these types of facilities in motel/hotel
districts. The City of Delray is currently allowing them in commercial and office districts.
These facilities are allowed in RM (Medium Density Residential) and are not allowed in single
family districts. Mr. Dorling stated these facilities are being taken out of all residential districts.
He further stated OSSHAD (Old School Square Historic Arts District) and RO (Residential
Office) is currently allowed as conditional uses and are not being proposed to remove them
because they are mixed use districts. Mr. Dorling stated the definition has changed to say that
they can be residential in nature only and there would be no on-site drug counseling going on but
they would still be considered by definition substance abuse.
The City Attorney stated it does comport with the new State law and is identical
in that regard to the Boca Raton ordinance.
Mr. Dorling commented the Statute also gives 18 months to comply and the
Health Department will not issue the required permits until they get a letter from the City saying
that they have the proper zoning in place. Furthermore, Mr. Dorling commented that when the
18 months approaches, all the existing facilities that require licensing from the Department of
Health would need to move.
Mrs. Archer commented that the Drug Task Force made a recommendation that
the Commission approve this ordinance and enforce a rental permit requirement that requires
anyone who rents their property to obtain a permit. One of the things this will do is at the end of
18 months it will force a sober house or residential facility to declare itself either as a residential
facility (which requires licensing) or if they are not, they will require a license which means they
are subject to meeting all of the requirements for eviction that any rental would have to meet.
Mrs. Archer continued to state this may help to regulate some of these homes that have been
unregulated to this point and will also put the City in a position to put them on notice and
monitor the number of people they have living in a residence. Mrs. Archer reiterated that the
Drug Task Force would like to see more enforcement of this and that if Code Enforcement
discovers that there is a problem with either the number of people or the way that they have
handled an eviction, that we as a City send them a notice that they are in violation of the law and
requirements.
Mr. Levinson stated this is a good step forward particularly with making the City
of Delray Beach in compliance with State law. Mr. Levinson stated he had a discussion with
Dave Freudenberg, Boca Raton Council Member, and it appears that the City of Boca Raton and
the City of Delray Beach are much closer together now in concept in the different pieces of what
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O8/06/02
we can do. Mr. Levinson suggested the City of Delray Beach "pow-wow" officially with the
City of Boca Raton's Planning Department and legal staff to make sure we are going far enough.
Mr. Levinson suggested that the City of Delray Beach enforce the landlord permits and work
with the City of Boca Raton and the City of Boynton Beach to make sure everyone is in
concurrence.
Mr. Perlman stated he feels this is a good first step and agrees that the City of
Delray Beach should continue to work with the City of Boca Raton. Mr. Perlman commented he
would eventually like to go further and see the use taken out of the RO (Residential Office) and
the OSSHAD zoning districts.
Mr. Levinson commented that there has to be some place for these facilities to be
and the City has provided for that in certain districts but asked where the City draws the line.
The City Attorney recommended that the ordinance be passed and then take a look into applying
this to the RO (Residential Office) and the OSSHAD district.
Mrs. Archer concurred with the City Attorney and suggested that the other
districts be reviewed at a later date.
Ms. McCarthy asked what the zoning is for drug abuse facilities. In response, Mr.
Dorling stated that the zoning is CF (Community Facilities). Ms. McCarthy asked if it is
possible that many of these types of facilities have some type of office or administration use so is
that was one of the reasons why RO was one of the zonings the City attempted to have. Mr.
Dorling explained that there are facilities which have an office component and there are other
facilities like the ones that have occurred in RM which are strictly residential. Ms. McCarthy
stated she thought most of the citizens' complaints were the fact that these types of facilities
were appearing in residential areas and commented when these are placed in an RM zoning
district many people are not even aware of it. Ms. McCarthy stated she was under the
impression that Ordinance No. 33-02 would help to deter this from happening in residential
areas.
For clarification, Mr. Dorling reiterated in 18 months all facilities are required to
provide verification from the municipality that they are allowed to be located where they are
located and then there would be licenses issued based upon that letter. If facilities located in the
RM zoning district come to the City and ask for a letter, the City will provide them one as they
are not allowed in the RM district and therefore they would not receive the necessary licensing to
continue.
Brief discussion continued by the Commission.
After discussion, it was the consensus of the Commission to review this in 18
months.
Mrs. Archer moved to adopt Ordinance No. 33-02 on FIRST READING/FIRST
PUBLIC HEAR1NG, seconded by Mr. Levinson. Upon roll call the Commission voted as
follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes;
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O8/06/02
Mayor Schmidt - Yes. Said motion passed with a 5-0 vote.
10.B. ORDINANCE NO. 25-02: An ordinance adopting a 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). Prior to consideration of
passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to
be held at this time. Quasi-judicial (as to zoning) Public Hearing
The City Manager presented Ordinance No 25-02:
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 REZON1NG
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.)
Mayor Schmidt stated this item has been withdrawn by the applicant.
10.B.1. CONDITIONAL USE REQUEST: Consider a conditional use request to allow
the establishment of a monument and ornamental stone cutting facility for Natural Stone
Fabrication, located at the northwest corner of West Atlantic Avenue and Interstate-95 (known as
Depot Square Historic Site). Quasi-Judicial Hearing
Mayor Schmidt stated this item has been withdrawn by the applicant.
10.C. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL
ACTION PLAN (FY 2002 - 2003): Consider approval of the Community Development Block
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08/06/02
Grant (CDBG) Annual Action Plan required by the Housing & Urban Development (HUD)
Department of the United States for utilization of grant funds. 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.
Lula Butler, Director of Community Development, explained that this item before
the Commission is the Community Development Block Grant (CDBG) Annual Action Plan
required by the Housing & Urban Development (HUD) Department of the United States for
utilization of grant funds. Ms. Butler stated the Action Plan is required for the CDBG dollars
and also lists all grant dollars which are anticipated to be available to the City for fiscal year
2002-2003. For the record, Ms. Butler stated the total amount ($3,160,739) incorporates the
anticipated Section 108 Loan, SHIP dollars, UDAG repayment, and CRA dollars that are
administered for some residential and businesses.
Ms. Butler stated an Annual Needs Assessment Meeting was held on May 16,
2002, at Pompey Park to get public input and commented there was little. Ms. Butler stated that
the proposed use of dollars was advertised in a local newspaper and received one set of written
comments from Dorothy Ellington, Director of the Delray Beach Housing Authority. Ms. Butler
stated the City advertised that the Annual Action Plan was available at the Delray Beach Library.
Mr. Perlman commented that he, Commissioner Archer, and Commissioner
Levinson all attended the meeting and stated it went very smoothly because many of the sub-
recipients were there. Mr. Perlman stated a question was brought up as to whether there was
support of Haitian families and noted it was pointed out that many of the organizations that are
receiving monies involves many Haitian families and the Haitian community.
Ms. McCarthy commented that there is an energy that has begun to evolve which
everyone can be very proud of.
Mayor Schmidt declared the public hearing open. There being no one from the
public who wished to address the Commission, the public hearing was closed.
Mr. Perlman moved to approve the Community Development Block Grant
(CDBG) Annual Action Plan (FY 2002-2003) required by the Housing & Urban Development
(HUD), 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.
10.D. ORDINANCE NO. 31-02: An ordinance annexing eleven parcels of land (54.5
acres) located north of Lake Ida Road, between Barwick Road and Military Trail. 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 31-02:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
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08/06/02
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY
OF DELRAY BEACH, A PARCEL OF LAND LOCATED
SOUTH OF THE L-30 CANAL, BETWEEN BARWICK ROAD
AND MILITARY TRAIL, AS MORE PARTICULARLY
DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS; REDEFINING THE
BOUNDARIES OF THE CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF
SAID LAND; PROVIDING A GENERAL REPEALER CLAUSE,
PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 31-02 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 property is 54.5 acres
and has a variety of existing land uses including single family, vacant, and
agricultural/commercial. The subject properties are currently located in unincorporated Palm
Beach County within the City's Planning Area (Future Annexation Area, Area E). The property
consists of eleven (11) parcels of land which are currently owned by the City of Delray Beach
and are being processed as voluntary annexations. The proposal is to annex these properties into
the City and maintain their current County Zoning of AR (Agricultural Residential) and CHO/8
(Commercial High Office - 8 units/acre) and maintain their County Future Land Use
Designation of MR5 (Medium Density Residential, 5 units/acre) and CG (General Commercial)
until the processing of Comprehensive Plan Amendment 2002-1.
Mr. Dorling stated positive findings can be made with respect to LDR Section
2.4.5(C)(4) in that the annexation is consistent with Future Land Use Element Objective B-3, and
that it complies with Florida Statute Chapter 171.044.
At its meeting of May 20, 2002, the Planning and Zoning Board considered the
request at a public hearing. After reviewing the staff report and discussion, the Board voted 6 to
0 (Randolph absent), to recommend approval of this annexation.
Mayor Schmidt declared the public hearing open. There being no one from the
public who wished to address the Commission regarding the annexation, the public hearing was
closed.
Mr. Perlman moved to adopt Ordinance No. 31-02 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer -
Yes. Said motion passed with a 5 to 0 vote.
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O8/06/02
10.E. ORDINANCE NO. 32-02: An ordinance annexing a 34.6 acre parcel, the
Winterplace Subdivision (now known as The Colony at Delray Beach), located at the southeast
corner of Military Trail and the LWDD L-30 Canal. 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 32-02:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY
OF DELRAY BEACH, A PARCEL OF LAND LOCATED AT
THE SOUTHEAST CORNER OF THE L-30 CANAL AND
MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED
HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF
THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING
A GENERAL REPEALER CLAUSE, PROVIDING A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 32-02 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 property is 34.6 acres
and is known as the plat of Winterplace which will contain 151 zero lot line single family homes.
This annexation is being processed as a voluntary annexation, pursuant to a water service
agreement dated March 8, 2000. The water service agreement contains a clause that states the
property owner agrees to annex into the City, when the project becomes eligible for annexation.
Mr. Dorling stated a Future Land Use Map amendment and zoning is being processed separately
with the Comprehensive Plan Amendment 2002-1 in order to establish the initial City zoning of
PRD (Planned Residential Development), and City Future Land Use Designations of LD (Low
Density, 0-5 units/acre).
Mr. Dorling stated positive findings can be made with respect to LDR Section
2.4.5(C)(4) in that the annexation is consistent with Future Land Use Element Objective B-3, and
that it complies with Florida Statute Chapter 171.044. In addition, Mr. Dorling noted that with
annexation of this property the future building permits that are not under construction will then
come to the City for their building process.
At its meeting of May 20, 2002, the Planning and Zoning Board considered the
request at a public hearing. After reviewing the staff report and discussion, the Board voted 6 to
0 (Randolph absent) to recommend approval.
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08/06/02
Mayor Schmidt declared the public hearing open. There being no one from the
public who wished to address the Commission regarding the annexation, the public hearing was
closed.
Mr. Perlman moved to adopt Ordinance No. 32-02 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: 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 11, Comments and Inquiries on
Non-Agenda Items from the Public.
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 several concerns expressed by Mr. Franciosa relating to the
relocation of Atlantic High School and soccer complex, the City Manager stated the City is using
a line of credit to finance property acquisition for Atlantic High School since most of what the
City is spending will be repaid when the City transfers the property to the Palm Beach County
School District on December 1 st. The City Manager continued to state permanent financing will
be put in place for the balance, of about $4 million, sometime next year. Completion of the
soccer complex is part of the Parks Master Plan. Staff has the funding of the Parks Master Plan
as an issue for discussion in connection with the Five-Year Capital Improvement Program to be
presented to the Commission later this month.
Secondly, with regard to a concern expressed by Mr. Franciosa as to why there is
not a Senior Citizen Community Center in Delray Beach, the City Manager stated that there is a
Senior Center in Veteran's Park. However, the City Manager stated the Parks Master Plan does
recognize the need for additional facilities for senior citizens. The City Manager stated the City
expects that the Elder Ready Task Force will identify and better define what additional facilities
are needed.
With regard to what criteria was used in determining a price of $6.4 million for
the Tate property, the City Manager stated the City's appraisal as of August 23, 2001, was
updated by a letter dated December 18, 2001. The City Manager stated that the City estimated
that if the City decided to take the property by eminent domain, it would take approximately 120
days to get an "Order of Taking". Therefore, the City asked the appraiser for his estimate and
the value of the property four months later (April 18, 2002). The appraiser stated that it is
reasonable to expect that the completion of certain site infrastructure improvements would add
value to the site approximately equal or possibly greater than the cost of the improvements if all
else is equal. The developer provided data indicating that as of December 12, 2001, some
$1,052,900 had been expended. The appraiser estimated that an additional $1,536,100 could be
spent by April 18, 2002. At that date, the total of land and development costs would be
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$6,089,000. It was the opinion of staff that the negotiated price $6,390,000 was reasonable
considering the probable legal costs connecting with an eminent domain proceeding. The City
Manager stated in an eminent domain proceeding, the City must pay the legal cost of both
parties.
11.B. From the Public.
ll.B.1. Kevin Warner~ 248 Venetian Drive~ Delray Beach~ thanked Mayor Schmidt for
his suggestion for leaving the words "village-like community, by-the-sea" in Policy C-4.2 in
Ordinance No. 16.02, "Comprehensive Plan Amendment 2002-1". Mr. Warner stated during the
last meeting when the Commission was discussing the "village by-the-sea" issue and the
Comprehensive Plan Amendment, some words were used to describe the behavior of certain
individuals. Mr. Warner commented that he feels these words are rather harsh.
ll.B.2. Carolyn Zimmermam representing the Presidents Council~ 212 S.W. 2nd
Avenue~ Delray Beach~ expressed concern over trash and animal control. Ms. Zimmerman
stated a Southwest Management Workshop was recently held for input from the community and
commented that the response was trash removal. Ms. Zimmerman stated at the Workshop
everyone was divided into individual groups and one group of children stated they do not like the
trash in the streets and they are scared of the dogs in their neighborhoods. Ms. Zimmerman
urged the City to hire an Animal Control Assistant to help with the trash and animal control
situation. In addition, Ms. Zimmerman suggested that Code Enforcement check the
neighborhoods throughout the entire City.
Secondly, speaking as a resident, Ms. Zimmerman brought an example of a
"home-made bomb" made from fireworks and stated these bombs are being given out in the
neighborhoods. Ms. Zimmerman commented she was informed by the Police Chief that he
would meet with the Mayor regarding this and possibly go to the League of Cities to discuss this
because it is a State mandate. Ms. Zimmerman stated she would like Delray Beach to be
successful economically and commented she really wants a nice pleasant place to live everyday.
ll.B.3. Charlotte Wright~ 802 N.W. 2nd Street~ Delray Beach~ stated she lives on the
corner of N.W. 2nd Street and N.W. 8th Avenue and expressed concern over the dangers in this
area. Ms. Wright stated there is speeding in the neighborhood at all hours both day and night and
she is scared for the safety of herself and others. Ms. Wright urged the City for assistance with
regard to this matter.
ll.B.4. Gerry Franciosa~ 939 Eve Street~ Delray Beach~ thanked Mayor Schmidt for his
astute observation at the last City Commission Meeting leading the vote to retain the wording
"village like, community by-the-sea" in Policy C-4.2 in Ordinance No. 16.02, "Comprehensive
Plan Amendment 2002-1". Mr. Franciosa stated he feels in context Mayor Schmidt's statement
was powerful but at the same time confusing. Mr. Franciosa feels the Commission has tuned out
the components of the Atlantic High School Relocation Project. He urged the Commission to
place this on a referendum thereby allowing the voters to decide.
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08/06/02
ll.B.5. Martha Osborne~ 106 N.W. llth Avenue~ Delra¥ Beach~ expressed concern
over property owners' who own pets especially pit bulls. Ms. Osborne stated in the black
community there is a large percentage of property owners' who own pit bulls and the dogs are
not on a leash. Ms. Osborne stated she is concerned for the safety of children in the community
and feels the City should make it mandatory for property owners' with these type of dogs to have
their yards fenced in and that they be on a leash at all times.
At this point, the Commission moved to Item 12, First Readings.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 35-02: An ordinance amending the Future Land Use Map
(small-scale) from County MR-5 (Medium Residential 5-units per acre) to City LD (Low
Density Residential 0-5 du/ac) and annexation with initial zoning of R-l-AAA (single Family
Residential) for the Koeser Residence, located on the west side of Barwick Road, approximately
260 feet north of the L-31 canal (13341 Barwick Road). If passed, a quasi-judicial (as to zoning)
public hearing will be scheduled for August 20, 2002.
The City Manager presented Ordinance No 35-02:
AN ORDINANCE OF THE CITY COMMISISON OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY
OF DELRAY BEACH, A PARCEL OF LAND ON THE WEST
SIDE OF BARWICK ROAD, APPROXIMATELY 260 FEET
NORTH OF THE L-31 CANAL (13341 BARWICK ROAD), AS
MORE PARTICULARLY DESCRIBED HEREIN, WHICH
LAND IS CONTIGUOUS TO THE CITY; REDEFINING THE
CITY'S BOUNDARIES TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF
SAID LAND; AFFIXING LAND USE DESIGNATION OF LD
(LOW DENSITY RESIDENTIAL 0-5 DU/AC) FOR SAID LAND
TO THE FUTURE LAND USE MAP IN THE CITY'S
COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER
THE SINGLE HEARING ADOPTION PROCESS FOR SMALL
SCALE PLAN AMENDMENTS; PROVIDING FOR ZONING
OF SAID LAND R-l-AAA (SINGLE FAMILY RESIDENTIAL)
DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE,
A SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 35-02 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 this property is 0.88 acres
and is currently located in unincorporated Palm Beach County and has an AR (Agricultural
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Residential) zoning designation. The property is located within the City's Planning Area (Future
Annexation Area) and the owner is seeking voluntary annexation at this time.
At its meeting of July 15, 2002, the Planning and Zoning Board held a public
hearing in conjunction with the requests. After reviewing the staff report and discussing the
proposal, the Board voted 7-0 to recommend that the requests be approved, based upon positive
findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan
(FLUM Amendment Findings), LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), and that the property
is contiguous, reasonably compact and does not create an enclave; and, that services will be
provided to the property in a manner similar to other similar properties within the City.
Ms. McCarthy moved to approve Ordinance No. 35-02 on FIRST Reading,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Schmidt -
Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said
motion passed with a 5 to 0 vote.
12.B. ORDINANCE NO. 36-02: An ordinance rezoning from R-i-AA (Single Family
Residential) to RM (Multiple Family Medium Density Residential) a parcel of land located on
the south side of S.E. 5th Street, approximately 160 feet east of S.E. 6th Avenue (Federal
Highway). If passed, a quasi-judicial public hearing will be scheduled for August 20, 2002.
The City Manager presented Ordinance No 36-02:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING LAND
PRESENTLY ZONED R- 1-AA (SINGLE FAMILY
RESIDENTIAL) DISTRICT TO RM (MEDIUM DENSITY
RESIDENTIAL) DISTRICT; SAID LAND BEING A
PARCEL LOCATED ON THE SOUTH SIDE OF SE 5TH
STREET, APPROXIMATELY 160 FEET EAST OF SE 6TH
AVENUE (NORTHBOUND FEDERAL HIGHWAY) - 622
SE 5TH STREET, AS MORE PARTICULARLY DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, 2002"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 36-02 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 subject property
consists of Lot 11, less the west 166 feet thereof, Block 1, Osceola Park and contains 0.5466
acres. The property has a single family residence which was constructed in 1953. Mr. Dorling
stated the property currently has an R-l-AA (Single Family Residential) zoning designation and
an RM-10 (Multiple Family Residential - 10 units per acre). The applicant is seeking to rezone
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the property from R-l-AA (Single Family Residential) to RM (Multiple Family Residential -
Medium Density).
At its meeting of July 15, 2002, the Planning and Zoning Board held a public
hearing in conjunction with the request. There were four people from the public that spoke in
opposition to the proposed rezoning of the property mainly due to concerns over incompatibility
with adjacent properties and overflow parking. In addition, four letters of opposition were
submitted (three of which were emails that were not received in time for distribution to the
Board). After discussing the proposal, the Board voted 6-0 (Joe Pike stepped down) to
recommend that the request be approved based upon positive findings with respect to Chapter 3
(Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations, and
policies of the Comprehensive Plan.
Prior to the vote, Ms. McCarthy commented about the four letters of opposition
and asked what kind of objections did these people present? Mr. Dorling stated the applicant
will be required to provide parking to accommodate their requirement for the house but there
will also be a guest parking requirement. Mr. Dorling explained the applicant is aware of these
concerns and will make an attempt to provide over and above the requirement.
Mr. Perlman moved to approve Ordinance No. 36-02 on FIRST Reading,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes;
Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said
motion passed with a 5 to 0 vote.
12.C. ORDINANCE NO. 34-02: 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". If passed, a public hearing will be held on August 20,
2002.
The City Manager presented Ordinance No 34-02:
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. 34-02 is on file in the City Clerk's office.)
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The City Attorney read the caption of the ordinance.
Mr. Perlman moved to approve Ordinance No. 34-02 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.
At this point, the Commission moved back to Item 9.G. of the Regular Agenda.
9.G. REQUEST TO REDUCE LIENS/MARTHA OSBORNE: Consider a request
to reduce liens on a vacant lot acquired by Martha Osborne located in the 100 Block of N.W.
1 lth Avenue. The liens currently total $2,802.00; Ms. Osborne is prepared to pay $1,552.00,
which is the City's out-of-pocket expenses.
Lula Butler, Director of Community Improvement, stated this is a request from
Martha Osborne to reduce liens on her property located in the 100 Block ofN.W. 11th Avenue.
Mrs. Butler stated Mrs. Osborne acquired this property through a tax deed and as other people
that have come before the Commission they do not understand why the municipal liens are not
released when they acquire a tax deed. The liens currently total $2,802.00 and Mrs. Osborne is
prepared to pay $1,552.00 which is the City's out-of-pocket expenses.
Prior to the vote, Mrs. Archer asked if the City of Delray can insure people who
acquire property that they receive some notice.
Ms. McCarthy moved to approve the agreement between the City and Martha
Osborne to pay the City's out-of-pocket expenses in the amount of $1,552.00, 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.
9.H.
RATIFICATION OF APPOINTMENT TO THE PARKING
MANAGEMENT ADVISORY BOARD: Ratify the appointment of Richard Sheremeta as the
Downtown Development Authority representative on the Parking Management Advisory Board to
fill a two (2) year term ending August 1, 2004.
Mr. Levinson moved to appoint Richard Sheremeta as the Downtown
Development Authority representative to the Parking Management Advisory Board to fill a two-
year term ending August 1, 2004, seconded by Ms. McCarthy. Upon roll call the Commission
voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer
- Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
9.1. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint three (3)
regular members to the Board of Adjustment for a term ending August 31, 2004. Based upon the
rotation system, the appointments will be made by Commissioner Perlman (Seat #1),
Commissioner Archer (Seat #2), and Commissioner Levinson (Seat #3).
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08/06/02
Mr. Perlman moved to appoint Samuel Resnick as a regular member to the Board
of Adjustment for a 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.
Mrs. Archer moved to reappoint Jay Little as a regular member to the Board of
Adjustment for a 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.
Mr. Levinson moved to reappoint Stanley Warshaw as a regular member to the
Board of Adjustment for a 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.
9oJo
APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS:
Appoint five (5) regular members to the Board of Construction Appeals for two-year terms
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 reappoint Tim Onnen as a regular member to the Board of
Construction Appeals for a two-year 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.
Ms. McCarthy moved to appoint Suzanne Page as a regular member to the Board
of Construction Appeals for a two-year term ending August 31, 2004, 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.
Mayor Schmidt moved to reappoint Chris Ryan as a regular member to the Board
of Construction Appeals for a two-year term ending August 31, 2004, seconded by Mr. Perlman.
Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes;
Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0
vote.
Mr. Perlman moved to reappoint James A. Griffis as a regular member to the
Board of Construction Appeals for a two-year term ending August 31, 2004, seconded by Mrs.
Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer -
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with
a 5 to 0 vote.
Mrs. Archer moved to appoint George Brewer as a regular member to the Board
of Construction Appeals for a two-year term ending August 31, 2004, seconded by Ms.
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McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson -
Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with
a 5 to 0 vote.
9.K. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one
(1) regular member to the Code Enforcement Board to fulfill an unexpired term ending January
14, 2004. Based upon the rotation system, the appointment will be made by Commissioner
Archer (Seat #2).
Mrs. Archer moved to appoint Stanley Watsky as a regular member to the Code
Enforcement Board to fulfill an unexpired term ending January 14, 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.
9.L.
APPOINTMENT TO NOISE COMPATIBILITY ADVISORY
COMMITTEE (NCAC)/BOCA RATON AIRPORT AUTHORITY: Appoint one (1)
member to the Noise Compatibility Advisory Committee (NCAC) for the Boca Raton Airport
Authority for a one (1) year term. Based on the rotation system, the appointment will be made
by Commissioner Levinson (Seat #3).
Mr. Levinson moved to appoint Harvey Brown, Sr. to the Noise Compatibility
Advisory Committee (NCAC) for the Boca Raton Airport Authority for a one year term,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy -
Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
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.A. City Manager.
With regard to the Bird House on the beach, the City Manager explained that the
City is in close communications with the film company in Palm Beach County. The City
Manager stated the Delray Beach Fire Department has contacted the Los Angeles Fire
Department for some technical advice. The City Manager stated the Los Angeles Fire
Department has an actual five-person movie industry unit within their department and the City
feels it would be beneficial to bring one of their people here to assist us in making sure that all
the issues that need to be addressed are handled appropriately. The City Manager stated the cost
of this would be covered by the movie company.
13.B. City Attorney.
The City Attorney stated staff attended a meeting regarding the
telecommunications issues and Adelphia. The City Attorney stated she met with Attorney Ila
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Feld, who informed her that some cities and counties are getting together in the bankruptcy
proceedings that are ongoing to protect the interest of the cities and counties. The City Attorney
stated Ms. Feld is asking whether or not the City of Delray Beach would like to retain them for
that purpose with a limit of $5,000.
It was the consensus of the Commission to authorize the hiring of Ila Feld with
Leibowitz and Associates in conjunction with Rice Pugatch Robinson & Schiller, P.A. to
represent the City of Delray Beach in the bankruptcy proceeding involving Adelphia in an
amount not to exceed $5,000.
13.C.
13.C.1.
City Commission.
Commissioner Archer
Mrs. Archer announced that the Metropolitan Planning Organization (MPO) is
going to re-apportion their membership by adding another member from the Glades area.
Secondly, with regard to the League of Cities Meeting, Mrs. Archer stated Mr.
Freudenberg, Boca Raton Council Member, has informed her that there will be a suite at the
Boca Raton Hotel which the Commission will be able to utilize in the event they are there in the
afternoon and wish to change for dinner thus there will be a place.
13.C.2.
Commissioner Perlman
Mr. Perlman stated today he spoke with William J. Fay, Jr. who is the Principal of
Banyan Creek Elementary School, and he had mentioned that the sub-station is vacating the
Lake Ida Plaza. Mr. Perlman inquired as to where the sub-station will relocate to and was
informed by the City Manager that the sub-station will relocate to Pompey Park.
Secondly, the League of Cities Meeting is coming up next weekend and
commented that he has not seen a schedule yet. The City Manager stated this can be found in the
League of Cities magazine and/or on the website. Mr. Perlman suggested that this be reviewed
next week at the Workshop Meeting.
Mr. Perlman stated he had a conference call today with members of the Film
Commission and commented that they are very excited about this project and the big economic
impact it will have on Delray. Mr. Perlman continued to state he was reassured that the Film
Company has a reputation for working with residents and they will be setting up community
meetings to discuss concerns of the residents.
13.C.3. Mayor Schmidt
Mayor Schmidt stated he was in Washington last week and commented it was an
honor to represent the City. Mayor Schmidt commended Congressman Shaw and his staff for a
first-class tour of the Capitol and stated that he thoroughly enjoyed it.
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13.C.4.
Commissioner McCarthy
Ms. McCarthy announced that the Roots Festival is being held this weekend and
she would like to remind the Commission that if they have not received a call from the festival
about Friday night's activities, that they follow up as to whether or not they would like a car put
in place for the parade. Ms. McCarthy stated this should be a very exciting weekend.
13.C.5.
Commissioner Levinson
With regard to a conversation with Captain Dane Mark regarding his letter he had
asked if the Commission would communicate with him. Mr. Levinson stated he advised Mr.
Mark that if he became in default then he would suggest that the City re-bid his contract. The
City Manager stated this item is scheduled for the Workshop Meeting next week.
Secondly, Mr. Levinson stated Ivan Ladizinsky deserves great credit and praise
for bringing the Nightline crew to the City and commented that he met them on Friday evening
at Summer Nights on the Avenue. Mr. Levinson continued to state that Saturday night the film
crew went out in the late afternoon with the Marine Patrol and taped a lot of video from the
water of Delray. Mr. Levinson explained this was as a result of Mr. Ladizinsky calling his friend
and former associate Ted Koppel, and asking to have the Home Front Security as a feature. The
City Manager stated he should be finding out later this week when the Ted Koppel piece will be
shown on television.
Mr. Levinson stated he is excited about the Bird House and commented about the
special effects during the filming. He continued to state although it is anticipated that there will
be a lot of noise and fire during the explosion scene, he does not anticipate debris flying through
the air for miles.
There being no further business, Mayor Schmidt declared the meeting adjourned
at 8:45 p.m.
City Clerk
ATTEST:
MAYOR
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08/06/02
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Regular City Commission Meeting held on August 6, 2002,
which Minutes were formally approved and adopted by the City Commission on
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they are not
the official Minutes of the City Commission. They will become the official Minutes only after
review and approval which may involve some amendments, additions or deletions to the Minutes
as set forth above.
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08/06/02
13.C.4.
Commissioner McCarthy
Ms. McCarthy announced that the Roots Festival is being held this weekend and
she would like to remind the Commission that if they have not received a call from the festival
about Friday night's activities, that they follow up as to whether or not they would like a car put
in place for the parade. Ms. McCarthy stated this should be a very exciting weekend.
13.C.$.
Commissioner Levinson
With regard to a conversation with Captain Dane Mark regarding his letter he had
asked if the Commission would communicate with him. Mr. Levinson stated he advised Mr.
Mark that if he became in default then he would suggest that the City re-bid his contract. The
City Manager stated this item is scheduled for the Workshop Meeting next week.
Secondly, Mr. Levinson stated Ivan Ladizinsky deserves great credit and praise
for bringing the Nightline crew to the City and commented that he met them on Friday evening
at Summer Nights on the Avenue. Mr. Levinson continued to state that Saturday night the film
crew went out in the late afternoon with the Marine Patrol and taped a lot of video from the
water of Delray. Mr. Levinson explained this was as a result of Mr. Ladizinsky calling his friend
and former associate Ted Koppel, and asking to have the Home Front Security as a feature. The
City Manager stated he should be finding out later this week when the Ted Koppel piece will be
shown on television.
Mr. Levinson stated he is excited about the Byrd House and commented about the
special effects during the filming. He continued to state although it is anticipated that there will
be a lot of noise and fire during the explosion scene, he does not anticipate debris flying through
the air for miles.
at 8:45 p.m.
There being no further business, Mayor Schmidt declared the meeting adjourned
City Clerk
ATTEST:
MAYOR
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08/06/02
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Regular City Commission Meeting held on August 6, 2002,
which Minutes were formally
approved and adopted by the City Commission on
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they are not
the official Minutes of the City Commission. They will become the official Minutes only after
review and approval which may involve some amendments, additions or deletions to the Minutes
as set forth above.
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08/06/02