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11-19-02NOVEMBER 19~ 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, November 19, 2002. 1. Roll call showed: Present - Commissioner Jon Levinson Commissioner Alberta McCarthy Commissioner Jeff Perlman Mayor David W. Schmidt Absent - Patricia Archer, City Commissioner David T. Harden, City Manager Also present were - Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Barbara Garito, City Clerk 2. The opening prayer was delivered by Father Brian Horgan with St. Vincent Ferrer Catholic Church. The Pledge of Allegiance to the flag of the United States of America was given. AGENDA APPROVAL. Mayor Schmidt stated he has a request to pull Item 8.K., Service Authorization No.9/CH2M Hill~ Inc. from the Consent Agenda. Mayor Schmidt noted the addition of Item 7.E., Presentation for the City of Delray Beach Residents Academy Certificates to the Agenda by addendum. Mayor Schmidt stated there is also a request to postpone Item 9.E., Resolution No. 94-02 to a date certain of December 10, 2002. Mr. Perlman requested that Item 8.1., Request for Proposal {RFP)/Swinton Gardens be removed from the Consent Agenda and moved to the Regular Agenda as Item 9.A.A. Mr. Levinson moved to approve the Agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. 5. APPROVAL OF MINUTES: Mayor Schmidt noted a correction to paragraph four on page 12 of the Minutes from the Regular City Commission Meeting of November 5, 2002. This should read Mayor Schmidt stated he does not support the idea of the CDD in any of the proposals. Mr. Perlman moved to approve the Minutes of the Regular Meeting of November 5, 2002 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. Said motion passed with a 4 to 0 vote. o PROCLAMATIONS: None. o PRESENTATIONS: 7oAo Government Finance Officers Association - Certificate of Achievement for Excellence in Financial Reporting Mayor Schmidt stated the Finance Department has received the Certificate of Achievement for Excellence in Financial Reporting Award for fiscal year ending September 30, 2001 and noted that this is the 19th consecutive year the Finance Department has received this award. Due to the absence of the Finance Director, the City Clerk accepted the award on his behalf. 7oBo Boca Raton Airport Authority - Ken Day Bill Schwartz, former Commissioner and Chairman of the Boca Raton Advisory Committee, stated as the City of Delray Beach's representative for the Boca Raton Airport he informed everyone that the airport is on State land and it is a regional airport. Mr. Schwartz introduced Ken Day, Airport Manager for the Boca Raton Airport, and briefly reviewed his credentials. Russ Buck, Community Services Officer and Noise Compatibility Officer, assisted Mr. Day with his presentation. Ken Day, Airport Manager for the Boca Raton Airport Authority, gave a brief presentation regarding the Boca Raton Airport Noise Program. Mr. Day stated to connect to BCT Airport Monitor, log on to www.bocaairport.com for flight tracking and for a full screen view of the BCT Airport Monitor go straight to www4.passur.com/bct.html. Mr. Levinson stated he feels the website is great and congratulated Mr. Day. Mr. Levinson stated the City needs to make sure the web address and the phone number are on the City's site so that someone who is in the City site can click and get over to www.4.passur.com/bct.html site. Mr. Levinson asked if Mr. Day can restrict new stage l's that fly in and base there. In response, Mr. Day stated he will have a meeting in Washington on Friday regarding the restriction of Stage 1 aircraft. Mr. Day stated the purpose of the meeting is -2- 11/19/02 to develop the scope in order to develop such procedures. Mr. Day continued to state that they received a grant for a new monitoring system. This will be state of the art and is an $800,000 budgetary item which will eventually be on the website as well. Mayor Schmidt thanked Mr. Day and stated he appreciates this new spirit of cooperation from the Airport Authority recognizing that they are a regional airport with regional impact. 7oCo Elder Ready Task Force - Officer Skip Brown Skip Brown, Officer/Volunteer Program (Police Department), stated the Elder Ready Task Force for the City of Delray Beach ceases to exist in two days (November 21, 2002) and therefore presented the first phase of the final project. Mr. Brown explained that by doing this project he has learned there is a lot of information in reference to seniors that is not kept by the City, County, or State. Mr. Brown stated this project is labeled as an assessment for November 2002. The copy was sent to the Department of Elder Affairs in Tallahassee last week and it will take approximately six weeks for them to review. At that point, the Department of Elder Affairs will make any recommendations they have to the City and will contact the City about Phase H of the project. Mr. Brown stated compiling all this information together for the past year he would consider Delray Beach approximately 60% elder ready. Mr. Brown thanked the following members of the Elder Ready Task Force: · Arthur Anderson · Richard Evans · Gerald Franciosa · Alberta Gaum-Rickard · Ivan Ladizinsky · Phyllis Rosen · Bern Ryan · Karen Schell · Jeanette Slavin · James Smith · Carolyn Zimmerman · Skip Brown Mayor Schmidt commented about the next step being that the State will make recommendations on implementation and asked Mr. Brown to explain further. In response, Mr. Brown stated just submitting the recommendations to Tallahassee the City of Delray Beach is only designated as "Elder Friendly" and what the "Elder Ready" designation means is the State of Florida will put Delray Beach on all their printed material saying to seniors throughout the nation to come down. Mayor Schmidt thanked Mr. Brown and the Elder Ready Task Force for all their time and effort. In addition, Mayor Schmidt stated he looks forward to reviewing Mr. Brown's assessment and understands this is something that has been needed for a long time in the -3- 11/19/02 community. 7.9. Jefferson Manor Homeowners' Association - Delores Penn Delores Penn, 1309 Lee Street, Delray Beach and President of the Jefferson Manor Homeowners' Association, (located off Lake Ida Road just behind Pompey Park), stated her community started in the early 50's and they finished the construction in the 1960's with about 60 homes. Ms. Penn stated although they are not very proud of this they have succeeded in not getting another church in their community. Ms. Penn stated they are getting rid of a half- way house in their neighborhood. Currently, Ms. Penn stated they are in the process of doing their 3rd annual block party and stated it is a good way for all the neighbors to meet one another. Ms. Penn stated the Roots Cultural Festival came from the Jefferson Manor Homeowners' and continues to this day. Ms. Penn stated they have also participated in "Paint up Delray". Ms. Penn stated the association meets the first Monday of every month at Pompey Park at 7:00 p.m. Ms. Penn stated the Police officers' have been very helpful to help with any drug problems that they have had in the past and noted that to this point there has been no drug activity in their neighborhood. Ms. Penn stated the Jefferson Manor Homeowners' Association will be proposing that the City help with some kind of beautification for the stretch of road that leads into their community because of the heavy traffic flow coming from Lake Ida Road onto Roosevelt Avenue. 7oEo City of Delray Beach Residents Academy Certificates Lula Butler, Director of Community Improvement, stated she is pleased to present the 3rd graduating class of the City of Delray Beach Residents Academy. Ms. Butler expressed thanks to the elected officials and stated it is greatly appreciated that they take the time to attend. Ms. Butler stated there was a suggestion from this class that a requirement be added that they attend at least one Planning and Zoning Board Meeting and one City Commission Meeting. Mayor Schmidt presented the following individuals with certificates: · Kenneth D. Allen · Greta Britt · Anna Blangiardo · Sandy Blovad · Steven Carlino · Irwin & Shirley Fields · Kendra Graham · Hank Higginbotham · Stephen Lampel · George Mavlios · Eileen & Robert Marks · Curt Manler · Peter Perri · Samuel Resnick · Suzy Rusk -4- 11/19/02 · Karen Schell · Charlotte Schneider · Susanne Sobon · Stacey Winick · Scott Zubek CONSENT AGENDA: City Manager Recommends Approval. 8.A. FINAL SUBDIVISION PLAT APPROVAL/PINE VIEW ESTATES: Approve the subdivision plat for Pine View Estates, located north of N.W. 9th Street, between N.W. 1st and N.W. 2nd Avenues. 8.B. RESOLUTION NO. 93-02: Approve Resolution No. 93-02 assessing costs for action necessary to abate nuisances on twelve (12) properties throughout the City. The caption of Resolution No. 93-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS- MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. 8oCo (The official copy of Resolution No. 93-02 is on file in the City Clerk's office.) ACCEPTANCE OF EASEMENT DEED/FOUNTAINS OF DELRAY BEACH~ L.L.C.: Approve and accept an easement deed granting to the City the means to install/maintain water and sanitary sewer lines to the Fountains of Delray Beach, a new retail development, located at the southwest corner of Military Trail and the L-33 Canal. 8ono FLORIDA DEPARTMENT OF STATE/CONSTRUCTION GRANT AGREEMENT: Approve an agreement between the City of Delray Beach and the Florida Department of State, Division of Library and Information Services, for the Delray Beach Public Library. 8.E. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB- RECIPIENT FUNDING AGREEMENTS: Approve and authorize the execution of funding -5- 11/19/02 agreements with seven (7) sub-recipients (Alpha Time Children's Center, Community Child Care Center, Community Neighborhood Helping, Fair Housing Center of Greater Palm Beaches, Village Foundation, Palm Beach County Resource Center, and Urban League of Palm Beach County) under the Community Development Block Grant (CDBG) program for FY 2002-2003, with the total funding in the amount of $114,650.00 from various accounts within the CDBG fund. 8.F. AMENDED SUB-RECIPIENT FUNDING AGREEMENTS: Approve the amendments to the funding agreements with The Center for Technology, Enterprise and Development, Inc. and the Delray Beach Community Development Corporation, Inc. under the Community Development Block Grant (CDBG) program for FY 2002 to increase their reinvestment commitment to $37,500.00 each. 8.G. SERVICE AUTHORIZATION NO. 16/MATHEWS CONSULTING, INC.: Approve Service Authorization No. 16 to Mathews Consulting, Inc. for the preparation of a City-wide Reclaimed Water Master Plan and design/permitting of engineering plans for construction of reclaimed water mains in conjunction with Golf Course greens reconstruction and irrigation rehabilitation project. Funding is available from 441-5181-536-31.90 (Other Professional Services). 8.H. AGREEMENT/PLAYER'S INTERNATIONAL MANAGEMENT: Approve an agreement between the City of Delray Beach and Player's International Management, Inc. (PIM) in the amount of $20,000 per year for a term of five (5) years for the USTA 12's Super National Spring Championships. 1_ AMENDMENT NO. 6/MATCH POINT, INC. AGREEMENT: g.I. Approve Amendment No. 6 to the agreement between City of Delray Beach and Match Point, Inc. providing a waiver of exclusivity for office space to the extent to allow Player's International Management, Inc. use of the office during the five (5) year term of the agreement. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.J. AMENDMENT NO. 1/BAKA ENTERPRISES OF FLORIDA, L.L.C. LICENSE AGREEMENT: Approve Amendment No. 1 to the license agreement with BAKA Enterprises, Inc. setting December 8, 2002 as a "Rain" date for the boxing event to be held at the Tennis Center Stadium on December 7, 2002. 8.K. THIS ITEM HAS BEEN PULLED FROM THE AGENDA. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: 8.L. Accept the actions and decisions made by the Land Development Board for the period November 4, 2002 through November 15, 2002. 8.g. AWARD OF BIDS AND CONTRACTS: -6- 11/19/02 None. Mr. Perlman moved to approve the Consent Agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor $chmidt - Yes; Mr. Perlman - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission moved to Item 9.A.A. of the Regular Agenda. o REGULAR AGENDA: 9.A.A. REQUEST FOR PROPOSAL (RFP)/SWINTON GARDENS: Approve the RFP Review Team's recommendation of Randolph and Dewdney Construction, Inc. for the construction of eleven (11) single family homes to be located in Swinton Gardens. Mr. Perlman commented that he is happy to see a local construction company get this opportunity. Mr. Perlman continued to state that while he is happy with the floor plans he asked if the architecture for the entranceways can be enhanced a little. In response, Lula Butler, Director of Community Improvement, stated staff will be recommending some minor changes that will need to be made to help with the esthetics of the different elevations and thus giving it a better appeal. Mrs. Butler stated staff expects to give the builder his notice to proceed within the next two weeks and she is hopeful that most of the residents will be in their homes by the end of June 2003. Ms. McCarthy commented that she sent Mrs. Butler an email regarding the HOPE Awards and feels this is a prime candidate for that particular award. Mr. Perlman moved to approve the RFP Review Team's recommendation of Randolph and Dewdney Construction, Inc. as the builder for the homes to be located in Swinton Gardens, seconded by Ms. McCarthy. 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.A. APPEAL OF HISTORIC PRESERVATION BOARD DECISION: Consider an appeal of a decision of the Historic Preservation Board's action regarding the existing accessory structure located at 610 North Ocean Boulevard (Fontaine Fox House). (Quasi- Judicial Hearing) Mayor Schmidt read into the record a summary of how a quasi-judicial hearing is conducted by the City of Delray Beach. The City Clerk swore in those individuals who wished to give testimony on this item. Mayor Schmidt asked the Commission to disclose any ex parte contacts. Mayor $chmidt stated he has given all written documentation to the City Clerk and he had a telephone conversation with Jean Beer and also met with Mr. McKinney at the tree house to look at it. Mr. -7- 11/19/02 Perlman stated he has not had the opportunity to prim out his emails but has listed the people and will get this information to the City Clerk. Mr. Perlman stated he had telephone conversations with Scott Christensen, Carolyn Zimmerman, Jean Beer, and Tom Lynch and had conversations with Jay Alperin, John Weaver, and Bob Costin. Mr. Perlman stated he has also talked to the following City staff: Paul Dorling, Lula Butler, and Jeff Costello. In addition, Mr. Perlman stated he had telephone calls from Frank McKinney, a meeting with Frank McKinney, Nilsa McKinney, and Rebecca Henderson. Mr. Levinson stated he has printed out his emails and will deliver them to the City Clerk and also a list of the telephone conversations. Ms. McCarthy stated she has forwarded all her emails to the City Attorney and she received a telephone call from Scott Christensen and commented that she did speak with him. In addition Ms. McCarthy stated she spoke to Paul Dorling, Lula Butler, Frank and Nilsa McKinney, and Rebecca Henderson. The City Attorney distributed copies of an email to the Commission she received today outlining a proposal by Mr. McKinney. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2002-164 into the record. The property is located approximately 900 feet south of George Bush Boulevard between Andrews Avenue and N. Ocean Boulevard. The property contains a 1,184 square foot cottage, which was constructed in 1936 of Florida cypress. Mr. Dorling stated it was inspired by the trolley made famous in Fontaine Fox's "Toonerville Trolley" cartoon strips and the Cape Cod style cottage is located on Lot 2. The lot also contains three outbuildings, one of which is a free-standing "tree house". Sometime in the year 2001 the applicant constructed this free- standing structure in front of the historic Fontaine Fox House. Mr. Dorling stated there were no permits or prior HPB approval and the structure is more elaborate in detail than a typical tree house being free-standing and is therefore considered an accessory structure which requires Board approval. The free-standing structure is currently located east of the historic main building and is supported by four large wood posts and contains a wood staircase that leads from the ground level to the main entrance. It measures 10 feet x 12 feet and is approximately 28 feet high. The structure is built of frame construction with a wood shingle exterior intended to match the extant historic home and displays a gable roof with wood shakes, a balcony, electricity, and plumbing and is connected to the main dwelling via a rope bridge. After the construction the applicant sought a Certificate of Appropriateness (COA) from the Historic Preservation Board. At its meeting of June 5, 2002, the HPB considered the application at which time it was tabled with a request to provide some as-built plans. The item returned for HPB consideration at their September 4, 2002 meeting. Mr. Dorling stated while this facility may be visibly compatible with respect to design and material, the Board found it was not with respect to scale, massing, or location. The Board also found that it did not meet the criteria of the Secretary of the Interior Standards nor was it consistent with Comprehensive Plan Policy A-10, A-10.1 of the Housing Element which requires it to be consistent with Section 4.5. l(E)(4), 4.5. l(E)(7), 4.5. l(E)(8)(a-k), of which it is not. Mr. Dorling stated it was also found to be inconsistent with Objective C-l, Coastal -8- 11/19/02 Management Element in the City's Comprehensive Plan. At this point, Mr. Dorling stated one of the items was brought up during the review at the HPB Meeting by the applicant's attorney was that John Volk often provides significant structures in front of his other historic homes. Mr. Dorling entered into the record an email that City staff received from Amy Groover Streelman who is the Senior Architectural Historian for Janus Research along with her r6sum6 (the email contains a rebuttal made at the HPB Meeting by the applicant's attorney). Wendy Shay, Historic Preservation Planner, entered into the record the Secretary of the Interior's Standards for Rehabilitation and Illustrated Guidelines established by the United States Department of the Interior for rehabilitating historic structures and explained that these are guidelines used by the State as well as local governments. Ms. Shay stated there could not be positive findings with regard to scale, height, orientation, and location and because of this the Board could not support the current location of the accessory structure. In summary, Mr. Dorling reiterated that at its meeting of September 4, 2002, HPB did deny the COA for this project based upon the failure to find positive findings with respect to LDR Section 4.5.1.(E)(4), (E)(7), & (E)(8), Objectives and Policies of the Comprehensive Plan and the Secretary of the Interior's Standards for rehabilitation. Rebecca Hendersom Attorney representin~ the applicant~ explained that this is a tree house which is located near the historic property but is not attached to it and in no way destroys it. Ms. Henderson stated the tree house cannot be seen from any surrounding property and is completely contained within the McKinney residence. Ms. Henderson presented photos to the Commission of the tree house showing where the trees actually grow through the tree house. Mayor Schmidt declared the public hearing open. Kevin Warner~ 248 Venetian Drive~ Delray Beach~ stated he does not feel this will detract from the overall importance of this property as an historic asset and feels the Commission should take this into consideration when making their decision. Mr. Warner stated he does not feel the slightest intrusion of the tree house in terms of being able to appreciate the historic aspects of this main dwelling. Ruth Ann Kuehn (unable to obtain address)~ stated she was unaware that Fontaine Fox's house was in Delray Beach until she read an article in the newspaper about the tree house. Ms. Kuehn stated she feels that the City has gotten so much publicity out of this that the tree house should stay where it is because people might come to see the tree house and the Fontaine Fox house. Mary Lou Jamisom Chairperson of the Historic Preservation Board~ stated the Board based their rulings on the City's guidelines and therefore urges the Commission to uphold the City's Historic Preservation guidelines. Clemence Bulger~ friend of the applicant (unable to obtain address)~ stated he -9- 11/19/02 feels guidelines are meant to "guide" not "rule". Mr. Bulger stated he does not feel the tree house should be ruled away because it is not really attached to the home and does not change the public view about Delray Beach. Jean Beer, 2145 S.W. 26th Terrace, Delray Beach, urged the Commission to support the Historic Preservation Board's decision. Mrs. Beer stated there is a lot of talk about how the tree house cannot be seen and feels the question is really whether or not the tree house is or is not compatible and consistent and how will this affect other decisions of historic property. Carolyn Zimmerman, 212 S.W. 2nd Avenue, Delray Beach, stated a contractor is supposed to know to obtain permits and get permission to do things. Ms. Zimmerman expressed concern over setting a precedent that residents can do anything they want since the City allowed a contractor to get away with doing his thing. Furthermore, Ms. Zimmerman urged the Commission to do what is right for Delray Beach. Alice Finst, 707 Place Tavant, Delray Beach, stated when this property was originally approved as a historic preservation activity for the City of Delray Beach she was part of the Historic Preservation Board that made the approval and emphasized that the Board never considered that this property would be hidden from public view. Mrs. Finst stated everyone is relying on foliage and in the event of a hurricane the foliage may not be there. Mrs. Finst continued to state that the tree house detracts from the historic building and the Board approved the historic building as part of the preservation program. Mrs. Finst urged the Commission to honor the Boards decision from almost 20 years ago and feels this should stay the way it was approved. John Bennett, President of Progressive Residents of Delray (PROD) and speaking on behalf of the organization by authorization of the Board of Directors, urged the Commission to support the recommendation of the expert planner and the unanimous decision of HPB and deny the appeal. Mr. Bennett stated he was on the grassy area east of A-1-A with his dog and stated the accessory structure is readily visible as is a small portion of the original historic dwelling. Second, during consideration of the request from the applicant for increased number of building lots on the rest of this property that the Fontaine Fox house was not designed by Volk according to the applicant. Mr. Bennett read an advertisement describing 610 N. Ocean Boulevard (the current structure) "designed by John Volk" and the adjacent house as "an authentic John Volk design home" (622 N. Ocean Boulevard). Mr. Bennett stated pursuant to LDR Section 1.4.4(A) provides that "Any person who violates these Regulations, or fails to comply with any of its requirements, shall upon conviction thereof, be fined not more than $500 and/or imprisonment for up to 60 days or both, and shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense." Mr. Bennett stated aside from any building permits the failure to have a Certificate of Appropriateness could add up. Mr. Bennett stated this is mainly the rule of law and commented that this is very important public interest. Furthermore, Mr. Bennett noted there are rules and regulations to be followed and feels the applicants took a risk. -10- 11/19/02 Mr. Bennett stated that HPB was told that the tree house was very carefully picked out from the cartoon to match a clubhouse in the cartoon. Mr. Bennett stated the agent also claimed that this was something that just started small and grew out of proportion. For the record, Mr. Bennett entered the pertinent reports of the pleading and the advertisements in question. Gerry Franciosa~ 939 Eve Street~ Delray Beach~ stated it appears that everyone agrees that this is a tree house and read a magazine article dated August 2002 into the record. Monty Helm~ 1221 Harbor Drive~ Delray Beach~ stated this piece of property is a historically designated site and strongly opposes the appeal. Mr. Helm stated he finds this situation disturbing and asked if it is a beginning of more to come. Mr. Helm commented that there are very few pieces of property in Delray Beach that are worth saving and/or preserving. Mr. Helm stated the applicant was fully aware that the property was a historically designated piece of ground when the property was purchased. Mr. Helm stated now a tree house has been added to the property which he feels should not have been done and stated the applicant is also trying to have this property subdivided in order to develop. There being no one else from the public who wished to address the Commission regarding the appeal, the public hearing was closed. Rebecca Henderson stated this property has been around since 1936 and stated the site plan which Mr. Dorling presented showed three buildings that were historic on this site and the remainder is all new. Ms. Henderson stated that the Secretary of Interior Standards recognizes that historic structures can be modified to accommodate new property owners. Ms. Henderson stated one of the ways this has been made harmonious with the community is buffering which is a concept which is well accepted in the LDR's. Ms. Henderson stated the buffering was already there and the applicant has offered to leave the buffering. Ms. Henderson reviewed the conditions that the applicant has offered that they believe would meet some of Historic Preservation Board's concerns. Ms. Henderson stated (1) deed restriction requiring the vegetation to remain and if it were destroyed knowingly and intentionally by the owner that the tree house be removed in a reasonable amount of time, (2) If the vegetation (sea grapes) was destroyed otherwise that the property owner be required to replace it or allow it to grow (whichever would be the quickest in a reasonable amount of time), and (3) If the tree house itself was destroyed by hazard or by a hurricane that it not be replaced but if it were destroyed by an intentional act that it be allowed to be replaced and that the existing supports be painted to match the tree trunk. Ms. Henderson believes this would make the structure even more compatible. Frank McKinne¥~ 610 N. Ocean Boulevard (applicant)~ stated he built what has always been a childhood dream of his and a playhouse for his daughter. Mr. McKinney stated he took great pride in the manner in which the tree house was constructed in keeping with the main house using old Fontaine Fox cartoon books for design reference. Mr. McKinney apologized to the Commission and City staff in the Building Department for putting them in an uncomfortable position. Mr. McKinney stated while he is here for appeal of only those items found in the HPB recommendation, he hopes that the submittal of the plans and permanent -11- 11/19/02 application show his intent. Mayor Schmidt stated the applicants have suggested the following alternative "If the vegetation is removed or reduced in height other than voluntarily and knowingly by the owner, that the owner be permitted to replace and/or re-grow the vegetation in a reasonable period of time." Mayor Schmidt stated staff's recommendation is that if the Commission is to consider that condition that the language be changed to state "If the vegetation were removed, trimmed, damaged by storm, etc. to an extent that would make the tree house and/or main structure visible from the property line, the tree house/accessory structure would be removed." Mayor Schmidt inquired if this language is acceptable to the applicants. Brief discussion followed between Mayor Schmidt, Ms. Henderson, and staff. Mr. Perlman asked Ms. Shay to address concerns regarding scale and massing. Ms. Shay stated the issue is the size of the structure and its relationship to the main dwelling. Ms. Shay stated this is an independent structure that is 28 feet high in front of the two-story structure. Ms. Shay continued to state that in the City's LDR Section 4.5.1(E)(4), (E)(7), and (E)(8) the issue is visual compatibility, height, scale, massing, and some reference is made to location as well. Ms. Shay stated the Board made their decision based on the LDR's and was not just based on the fact that staff tried to use those guidelines in preservation. Mayor Schmidt stated he would support some sort of compromise along the lines of what has been presented by the applicant. Mayor Schmidt stated he requested staff to research if the City has ever had any structures demolished after they were built because of the failure to get a COA or a building permit. Mayor Schmidt stated staff has found two instances going back approximately 13 years and read into the record the response from staff (also entered this into the record). Mayor Schmidt feels the City would be setting a precedent if we require a removal of the building given our record in the past and therefore he will not support that this evening. Mr. Levinson stated he supports HPB and believes the accessory structure is incompatible. Mr. Perlman stated he sees this as three issues (1) the importance of the City's rules, (2) the integrity of the Historic Preservation efforts, and (3) this Commission and past Commission's ability to make decisions that respect Delray's uniqueness and longstanding policy to try to strive for consensus and to find common ground where possible. Mr. Perlman suggested this may be something that the Commission may want to remand back to HPB to see if they can come up with a workable solution and if they cannot do it then he would support HPB. Ms. McCarthy stated she appreciates what the position of the HPB is supposed to be and the guidance they are supposed to give to the Commission. Ms. McCarthy stated she believes the Volk house is just as important in the City of Delray Beach as the old original Perish house or another historic home that she sited down on Swinton Avenue and S.W. l0th Street which she has not seen come forward on an agenda. Ms. McCarthy stated she is very disturbed to see that approximately five homes in the West Settlers area have been demolished and that HPB did not fight for those homes. Ms. McCarthy stated she strongly believes in equality for all -12- 11/19/02 people and feels all historic homes should be treated the same. As a layperson and a real estate licensee, Ms. McCarthy stated she feels it does not appear to be offensive to the structure that is already designated historic. Ms. McCarthy stated she is in favor of this tree house being preserved within the tree with some type of compromise. Furthermore, Ms. McCarthy stated she does not believe because you can see the A-Frame at the top from standing on the beach on a hill or your tip toes that it distracts from the structure. Ms. McCarthy stated the sea grapes are a protected entity. Ms. McCarthy stated the tree house is not an addition to the house and does not touch the house. Ms. McCarthy stated most of the discussions this evening were about the remodeling of a historic structure and she does not see this being done and sees this as a tree house. With regard to the size being out of perspective in comparison to the volume that the house takes up, Ms. McCarthy stated she has not heard any guidelines that say what that volume is supposed to be and does not see this as a distraction. In summary, Ms. McCarthy supports keeping the tree house in the tree and leaving it in its current location. Brief discussion followed between Mayor Schmidt and the City Attorney with regard to sending this back to HPB to find a compromise. Mr. Perlman moved to approve asking HPB and staff to try and negotiate a settlement on a particular COA and what impact they think after-the-fact requests for a COA will have on the future improvements to historic properties, seconded by Ms. McCarthy. Prior to the vote, Ms. McCarthy stated the reason she seconded the motion made by Mr. Perlman is because although she does not agree with all the decisions that HPB has made in other areas of the City, there are many things they have done that she applauds them for. Ms. McCarthy stated she would like HPB to have the opportunity to review these compromises. Ms. Henderson stated those conditions were discussed with the Board and the applicant would like to see some resolution to this now. Therefore, Ms. Henderson stated the applicant cannot come up with any other compromise to present to HPB. Mr. Perlman withdrew his first motion. Mr. Perlman moved to deny the appeal of the Historic Preservation Board's action regarding the existing accessory structure located at 610 N. Ocean Boulevard, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mr. Levinson - Yes; Ms. McCarthy - No; Mayor Schmidt - No. Said motion to deny the appeal failed based on a tie vote (2 to 2), upholding the Historic Preservation Board's decision. At this point, the time being 8:15 p.m. the City Commission took a short break. The time being 8:20 the City Commission reconvened and moved to Item 9.B. of the Regular Agenda. 9.B. REQUEST TO REDUCE LOT AREA/LOT FRONTAGE WIDTH/S.E. O'NEAL PLAT: Consider a request to reduce the total lot area and lot frontage width -13- 11/19/02 requirements in conjunction with the proposed plat for an extant historic property known as S.E. · nd O'Neal Plat, located on the west side ofN.E. 2 Avenue, between N.E. 9th Street and N.E. l0th Street. (Quasi-Judicial Hearing) Mayor Schmidt read into the record a summary of how a quasi-judicial hearing is conducted by the City of Delray Beach. The City Clerk swore in those individuals who wished to give testimony on this item. Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were disclosed. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2002-398 into the record. The property currently consists of five lots with Lot 3 containing the historically designated O'Neal House, which is a two-story dwelling and a one-story detached garage, constructed in 1926. The garage also contains a 400 square foot frame shed addition that is structurally unstable and demolition is proposed (previously approved by HPB on November 6, 2002). The proposed plat will reconfigure five lots into three, fee-simple, single-family detached lots with the retention of the historic house. The proposed plat requires waivers to the LDR Section 4.3.4 for reduction lot frontage/width from 75 feet to 60 feet, and lot size from 9,500 square feet to 9,368 square feet for the proposed Lots 1 and 3 and the lot size from 9,500 to 6,000 square feet for the proposed Lot 2. Mr. Dorling stated required findings are made in the Planning and Zoning Staff Report with respect to Section 3.1.1 and Section 3.2.3 and therefore staff recommends approval of both the plat and the waivers. Mayor Schmidt expressed concern that this development has a number of significant mature trees and he would not like to see these trees leveled so that houses could be built. Mayor Schmidt entered a memo into the record from Nancy Davila, City Horticulturist. Jack Frvsinger~ 419 S.E. 4th Avenue~ Delra¥ Beach (applicant)~ stated he believes the specimen trees are all outside of the permitted building lines. Furthermore, Mr. Frysinger stated when they started with this project he was informed by staff that the house be declared historic if in fact it is historic. Mr. Frysinger stated the entire five lots have been declared historic so therefore he believes they fall under the control of HPB. Mr. Frysinger stated he would like to see the trees saved. Mr. Dorling stated HPB does not control the removal of vegetation but they could consider that in their approval process as a condition of approval. -14- 11/19/02 Brief discussion by the applicant, staff, and the Commission followed. Mr. Dorling stated Commission could direct staff that these trees be restored and be a part of the review process. Mayor Schmidt suggested that the Commission give direction to both the Historic Preservation Board and to the City Horticulturist to save as many of the significant trees in the development of the property as possible. Wend¥ Sha¥~ Historic Preservation Planner~ stated the site plan approval will need to come through her prior to going to HPB for review and commented she would be more than happy to work with the City Horticulturist to set up retention of the trees as a condition of approval. Ms. McCarthy stated she has found this particular builder to be very responsible and responsive to things that the City has asked and requested. Mayor Schmidt declared the public hearing open. Mary Lou Jamisom 515 N. Swinton Avenue (Chairperson for HPB)~ urged the Commission for their support with regard to this matter. There being no one else from the public who wished to give testimony regarding the request and therefore the public was closed. Ms. McCarthy moved to approve the request with direction to both the Historic Preservation Board and the City Horticulturist that as many of the significant trees be saved in the development of the property as possible, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. 9.C. REQUEST FOR FUNDING/PERFECT RESULTS~ INC.: Consider a request from Perfect Results, Inc. for financial support in the amount of $10,000.00 for the C. Spencer Pompey Tribute Video. Mayor Schmidt stated it appears that Jane Bassa Tolliver with Perfect Results, Inc. is asking the City to fund the entire budget for this. Mayor Schmidt stated if the City granted the request and gave her $10,000 this would be more than the entire discretionary budget for the entire year. Mayor Schmidt asked Ms. Tolliver what other organizations, if any, she has sought funding from in addition to the City. In response, Ms. Tolliver stated she did not seek any additional funding. However, Ms. Tolliver stated last year Commissioner Addie Greene contributed $15,000 to their budget for what was supposed to be co-sponsorship for the video itself. Ms. Tolliver stated because of other commitments that were not honored, they ended up utilizing a portion of that budget instead of using it as money for the video itself for the reception. -15- 11/19/02 Ms. Tolliver stated a video of the magnitude of the one that was produced in honor of C. Spencer Pompey including the archival footage and the licensing agreements and other archival facilities, the video alone would have been approximately $15,000-$35,000. Ms. Tolliver stated because of the interest from the community they felt if they could receive additional funding it would help them finish the video since the video is not complete ($5,000). Ms. Tolliver stated the other fees requested would be the catering for the three receptions, which would be held at the Delray Beach Library, Carver Middle School, and Old School Square, which would all take place in February 2003. In addition, Ms. Tolliver stated there was also the proposal to add a photo exhibit. Ms. McCarthy commented that the City has events throughout the year and the events that were cast for this next fiscal year have already been approved and budgeted for and this request has not been budgeted for. Ms. McCarthy stated she would like to recommend that we do not move on this item so that staff can work with Ms. Tolliver so that it can be put in the proper budget format and then that it be brought back to the Commission so the Commission will have time to address it. Ms. McCarthy moved approval to table this item so that it can be put in the proper budget format, 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 to table passed with a 4 to 0 vote. 9.D. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular member to the Education Board to fill an unexpired term ending July 31, 2004. Based on the rotation system, the appointment will be made by Commissioner Perlman (Seat #1). Mr. Perlman moved to appoint Diane Allerdyce as a regular member to the Education Board to fill an unexpired term ending July 31, 2004, seconded by Ms. McCarthy. 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.E. RESOLUTION NO. 94-02: Consider approval of Resolution No. 94-02 authorizing the acquisition of property by eminent domain for parking purposes. The caption of Resolution No. 94-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE ACQUISITION OF FEE SIMPLE TITLE TO CERTAIN REAL PROPERTY HEREAFTER DESCRIBED FOR THE PUBLIC PURPOSE OF CLEARING TITLE TO THE SUBJECT PROPERTY, FOR PROVIDING PUBLIC PARKING IN DOWNTOWN DELRAY BEACH AND FOR STIMULATING ECONOMIC DEVELOPMENT IN THE DOWNTOWN AREA OF THE CITY OF DELRAY BEACH; DECLARING THAT THE ACQUISITION OF THE PROPERTY IS NECESSARY FOR SAID PUBLIC PURPOSE; -16- 11/19/02 AUTHORIZING THE HIRING OF LEGAL COUNSEL, APPRAISERS, AND EXPERTS IN OTHER DISCIPLINES AND THE FILING OF EMINENT DOMAIN PROCEEDINGS PURSUANT TO CHAPTERS 73 AND 74, FLORIDA STATUTES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (The official copy of Resolution No. 94-02 is on file in the City Clerk's office.) This item has been postponed to a date certain of December 10, 2002. 10. PUBLIC HEARINGS: None. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda items from the City Manager and the Public. ll.A. ll.B. ll.A. City Manager's response to prior public comments and inquiries. From the Public. City Manager's response to prior public comments and inquiries. Robert A. Barcinski, Acting City Manager, had no response to prior public comments and inquiries. 11.B. From the Public. ll.B.1. Jean Beer~ 2145 S.W. 26th Terrace~ Delray Beach, complimented Officer Skip Brown and the Elder Ready Task Force. Mrs. Beer stated she appreciates Mayor Schmidt and the Finance Director for thoroughly addressing the Parks Bond Issue at the PROD Meeting. Mrs. Beer stated a bond issue adds to the millage and commented for some people particularly retirees $70 a year is a lot of money. Mrs. Beer feels it is very easy to say "everything we do raises the value of your home" and stated it could be a potential problem for someone if they cannot sell their home and buy another one with the taxes being less. Furthermore, Mrs. Beer urged the Commission that when they look at something that is going to raise the millage rate, to take into consideration that there are a lot of people in the community who are barely making ends meet and cannot afford to pay more. Mrs. Beer stated she is delighted to see the house on the southeast corner of S.W. l0th Avenue and S.W. l0th Street has been torn down. Mrs. Beer stated there is a huge track of vacant property and feels this is something that should be brought to the attention of Lula Butler, -17- 11/19/02 Director of Community Improvement and to the homeowners' association in this area so that they can work together to get something really good on this corner. ll.B.2. Steve Carlino~ owner of AIM Mail Center~ 255 N.E. 2nd Avenue~ Delray Beach~ expressed concern over the Post Office being transferred to a private enterprise. Mr. Carlino stated he started his business on October 14, 2002, and is located diagonally across from the Post Office. Mr. Carlino expressed concern over the CPU (Contracted Postal Unit) in place of the Post Office and explained that a CPU is private enterprise and they are allowed to expand and change with the permission of the Post Office. He is concerned that these people may not follow the current CPU contract. Mr. Carlino stated his facility allows for expansion and currently has 160 free standing mailboxes. Mr. Carlino stated his facility will help Pineapple Grove and stated the CPU has been presented to a number of people around town and none of the businesses that were approached found it to be cost effective. Mr. Carlino requested that the Commission reconsider providing a subsidy to a private entity. ll.B.3. Gerry Franciosa~ 939 Eve Street~ Delray Beach~ apologized for breaking the rules at the last City Commission Meeting and commented he will abide by the rules from now on. 12. FIRST READINGS: None. 13. Comments and Inquiries on Non-Agenda Items. 13.A. City Manager. Robert A. Barcinski, Acting City Manager, had no comments or inquiries on non- agenda items. 13.B. City Attorney. The City Attorney had no comments or inquiries on non-agenda items. 13.C. 13.C.1. City Commission. Commissioner Perlman Mr. Perlman stated several months ago when the Commission was reviewing ordinances for the sober houses he envisioned some kind of Summit Meeting with everyone involved. Mr. Perlman stated he believes the Drug Task Force took over but he is not sure where the effort is and feels this is important enough to make a priority. Mayor Schmidt stated Commissioner Archer is the Chair for the Drug Task Force and suggested that she give the Commission an update at the next meeting since she is not present this evening. -18- 11/19/02 With regard to comments expressed by Mr. Carlino, Mr. Perlman stated he was under the assumption that Mr. Weiss had Board support to save the Post Office and he was thrown by the Board voting against their providing subsidy. Mr. Perlman stated he has a problem with subsidizing after year one especially since the business district that they are trying to benefit does not want to %tep to the plate" with their own funds. Mr. Perlman suggested that the Commission obtain more information from the Pineapple Grove Executive Committee. Mr. Perlman stated he spoke to the General Manager of the Marriott earlier in the week who informed him that the hotel received 1,000 room nights from the filming of the Bad Boys II movie and commented that it really helped them through the month of September. 13.C.2. Mayor Schmidt With regard to comments expressed by Mrs. Beer, Mayor $chmidt stated he spoke at PROD this morning with Joe Safford, Director of Finance and Joe Weldon, Director of Parks and Recreation and had been asked to make a presentation on the proposed Parks Bond Issue thinking in anticipation that it would be on the March 2003 ballot. Mayor $chmidt stated he hopes he made it clear this morning that the Commission has not made any decisions on what they are going to do. Since the Commission has been asked to discuss it, Mayor $chmidt stated he presented it as here is the list of items and here is the estimated cost. Mayor $chmidt stated if the City did a bond issue for all of these items at these estimates this is what it would cost. Mayor $chmidt stated there was a list given to the Commission as part of the Capital Improvement Project budget process and at that time the Commission decided that they would probably need to have a separate Workshop Meeting on this in order to get information prioritized and see whether or not the Commission may want to move forward or not. Furthermore, Mayor $chmidt stated the total cost is approximately $18.5 million. Secondly, Mayor $chmidt stated he was very pleased to get a letter from the City Manager of Moshi, Tanzania and they have entered into a Sister City with Miyazu, Japan. Mayor $chmidt stated he is glad to see this relationship moving forward after their meeting here. 13.C.3. Commissioner McCarthy Ms. McCarthy stated a few meetings ago she thanked everyone for their help and cooperation when the City hosted the Palm Beach County Black Elected Officials' Annual Gala held at the Marriott Hotel. Ms. McCarthy stated she has found out since that time that there are Commissioners of neighboring counties who have now turned around and are booking the Marriott Hotel for family reunions in bringing large families to the City. Ms. McCarthy stated Robert A. Barcinski, Assistant City Manager, has been working with her diligently through Tracey Sweeney, Executive Assistant and they made a presentation in Broward County to get a breakout session for approximately 900 attendees to the 20th Anniversary for the National Forum for Black Public Administrators throughout the United States. Ms. McCarthy stated they received word this week that they won that breakout session and thus these attendees will be here in Delray Beach. Ms. McCarthy stated they are staying in Fort Lauderdale and will come to -19- 11/19/02 Delray Beach on April 28, 2003. Ms. McCarthy commended and applauded Mr. Barcinski and Tracey Sweeney for all their hard work. 13.C.4. Commissioner Levinson Mr. Levinson commented about the letter sent to Coral Trace with some offers to settle and inquired if the City has heard back from their attorney. In response, the City Attorney stated the City has not yet heard back from the attorney representing Coral Trace. Secondly, Mr. Levinson congratulated the Atlantic High School football team for winning 11 consecutive football games and making it to the play-offs. Mr. Levinson suggested that something be done to recognize the team for making it this far. Mr. Levinson stated hopefully the shuttle which has been delayed twice before will actually get off the ground Friday evening (November 22nd). Mr. Levinson suggested that the Commission recognize Vince Canning Shoes for their 50th anniversary. There being no further business, Mayor Schmidt declared the meeting adjourned at 9:20 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 November 19, 2002, which Minutes were formally approved and adopted by the City Commission on -20- City Clerk 11/19/02 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 as set forth above. -21- 11/19/02 Delray Beach on April 28, 2003. Ms. McCarthy commended and applauded Mr. Barcinski and Tracey Sweeney for all their hard work. 13.C.4. Commissioner Levinson Mr. Levinson commented about the letter sent to Coral Trace with some offers to settle and inquired if the City has heard back from their attorney. In response, the City Attomey stated the City has not yet heard back from the attorney representing Coral Trace. Secondly, Mr. Levinson congratulated the Atlantic High School football team for winning 11 consecutive football games and making it to the play-offs. Mr. Levinson suggested that something be done to recognize the team for making it this far. Mr. Levinson stated hopefully the shuttle which has been delayed twice before will actually get off the ground Friday evening (November 22nd). Mr. Levinson suggested that the Commission recognize Vince Canning Shoes for their 50th anniversary. There being no further business, Mayor Schmidt declared the meeting adjourned at 9:20 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 November 19, 20~2, which Minutes were formally approved and adopted by the City Commission on City Clerk -20- 11/19/02 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 as set forth above. -21- 11/19/02