02-19-02FEBRUARY 1% 2002
A Regular Meeting of the City Commission of the City of Delray Beach, Florida,
was called to order by Mayor David W. Schmidt in the Commission Chambers at City Hall at
6:00 p.m., Tuesday, February 19, 2002.
1. Roll call showed:
Present -
Commissioner Patricia Archer
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Commissioner Jeff Perlman
Mayor David W. Schmidt
Absent -
None
Also present were -
City Manager David T. Harden
Assistant City Manager Robert A. Barcinski
Assistant City Attorney Brian Shutt
City Clerk Barbara Garito
At this point, Mayor Schmidt asked while everyone is praying this evening to
keep Onalee Schwartz (wife of former Commissioner Bill Schwartz) in their thoughts and
prayers. Mayor Schmidt stated Mrs. Schwartz is currently in intensive care.
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The opening prayer was delivered by Richard Evans with Abbey Delray South.
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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.
Mr. Perlman requested that Item 8.K., Consulting Service
Agreement/Southwest Area Neighborhood Redevelopment Plan, be pulled from the Consent
Agenda and moved to the Regular Agenda as Item 9.A.A.
Mrs. Archer moved to approve the Agenda as amended, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer -
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with
a 5 to 0 vote.
APPROVAL OF MINUTES:
Mr. Levinson moved to approve the Minutes of the Regular Meeting of February
5, 2002, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman -
Yes. Said motion passed with a 5 to 0 vote.
Mrs. Archer moved to approve the Minutes of the Special Meeting of February
12, 2002, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer -
Yes. Said motion passed with a 5 to 0 vote.
PROCLAMATIONS:
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American Legion 83rd Anniversary - March 17~ 2002 and March 18~ 2002
Mayor Schmidt read and presented a proclamation hereby proclaiming the week
of March 17, 2002 through March 23, 2002 as American Legion Birthday Week. On behalf of
the American Legion, Lawrence Strainge came forward to accept the proclamation. Mr. Strainge
stated the American Legion is one of the largest national organizations in the country and is
proud to announce that there are three (3) million American Legion members who also share in
their mission.
Lawrence Strainge, Former State Commander, recognized and introduced the
following American Legion members:
· Robert Borton, District Commander
· John Travis, Area Commander
· Joe Thibault, State Commander's Aid from Post 141 - West Palm
Beach
· Scott Schley, Commander from Post 65 - Delray Beach
· Elijah Morris, Commander from Post 188
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Recognizing and commending the Delray Beach Ocean Rescue Division
Mayor Schmidt read and presented a proclamation hereby recognizing and
commending the men and women of the Ocean Rescue Division. Bob Taylor, Ocean Rescue
Superintendent came forward to accept the proclamation.
Tom Fogan, Vice President of the Florida Beach Patrol Chief's Association,
presented an award to Bob Taylor. Mr. Taylor came forward to accept the award and thanked
the City Commission, the Mayor and the City Manager for placing this item on the agenda. Mr.
Taylor feels this award could not have been accomplished without the support of Joe Weldon,
Director of Parks and Recreation, and Rich Connell, Assistant Director of Parks and Recreation.
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Recognizing Macular Degeneration Day - May 1, 2002
Mayor Schmidt read and presented a proclamation hereby proclaiming May 1,
2002 as Macular Degeneration Recognition Day. Mr. & Mrs. Isen came forward to accept the
proclamation.
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02/19/02
6.9.
12~ 2002.
Calling for the First Nonpartisan and Special Election to be held on March
Mayor Schmidt presented a proclamation hereby calling for the First
Nonpartisan and Special Election to be held on Tuesday, March 12, 2002, between the hours
of 7:00 a.m. and 7:00 p.m., with all the precincts and polling places in the City of Delray Beach,
as designated by the Supervisor of Elections for Palm Beach County.
PRESENTATIONS:
7.A. Honoring Boy Scout Troop 340 for donating a rebuilt computer to our Sister
City in Moshi~ Tanzania.
Russ Mawson, Boy Scout Master, thanked the City of Delray Beach for allowing
Boy Scout Troop 340 the honor of helping the Sister City in Moshi, Tanzania and stated they
look forward to donating another computer soon.
In addition, Mayor Schmidt presented certificates to the following members of
Boy Scout Troop 340:
Greg Allen
Jason Baker
Lance Bradford
Michael Corbo
Mark Mawson
Seth Weil
Andrew White
Stephen Winfield
Boy Scout
Life Scout
Boy Scout
Boy Scout
Life Scout
First Class
Second Class
Life Scout
Charlotte Durante, President of Delray Beach Sister Cities, stated Beverly
Hosokawa, Katrina Kacandes and Alice Lee plan to climb Mount Kilimanjaro and asked if they
make it to the top to hang a flag so that anyone else who makes it to the top will know that
Delray Beach has a partnership with Moshi, Tanzania. In addition, Ms. Durante stated she has
letters written by the students who attend Carver Middle School to the children of Moshi and
asked that these letters be carried along with the computer to Moshi.
7.A.1. PROCLAMATION Recognizing and commending Beverly Hosokawa~
Katrina Kacandes~ and Alice Lee as Friendship Ambassadors
Mayor Schmidt read and presented a proclamation hereby declaring Beverly
Hosokawa, Katrina Kacandes and Alice Lee to be FRIENDSHIP AMBASSADORS as they
extend their hands in friendship and peace and wish them a safe trip as they embark on their
endeavor of delivering a much needed computer to the children of Moshi, Tanzania.
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02/19/02
7.B. Resolution No. 22-02 supporting Beach Renourishment
The caption of Resolution No. 22-02 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, SUPPORTING THE
CONTINUED FUNDING SUPPORT AND EASE OF
PERMITTING OF BEACH RENOURISHMENT PROJECTS IN
COASTAL MUNICIPALITIES IN THE STATE OF FLORIDA.
(The official copy of Resolution No. 22-02 is on file in the City Clerk's office.)
Mrs. Archer moved to approve Resolution No. 22-02, 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.
7.C. Resolution No. 23-02 supporting Windstorm Insurance Proposal by the
Citizens Property Insurance Corporation
The caption of Resolution No. 23-02 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, SUPPORTING THE
REORGANIZATION OF THE WINDSTORM INSURANCE
PROTECTION BUSINESS AS STATED IN HOUSE BILL 1361.
(The official copy of Resolution No. 23-02 is on file in the City Clerk's office.)
Ms. McCarthy moved to approve Resolution No. 23-02, seconded by Mrs.
Archer. 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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CONSENT AGENDA: City Manager Recommends Approval.
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APPROVAL OF POLL WORKERS FOR THE FIRST NONPARTISAN
AND SPECIAL ELECTION: Approval of the poll workers for the First Nonpartisan and
Special Election to be held on March 12, 2002.
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CONSIDERATION OF A RECOMMENDATION FROM THE
EDUCATION BOARD REGARDING THE GIFTED PROGRAM AT BANYAN CREEK
ELEMENTARY SCHOOL: Support the Education Board's recommendation to maintain the
Banyan Creek Elementary School's Gifted Program as it currently exists.
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02/19/02
8.C. RESOLUTION NO. 19-02: Approve Resolution No. 19-02 abandoning a portion
of the Dixie Highway right-of-way, directly adjacent to Lots 6, 7, & 8 of the Plat of Delray
Beach Estates, approximately 1,320 feet south of Gulf Stream Boulevard.
The caption of Resolution No. 19-02 is as follows:
A RESOLUTION OF THE CITY COMMISISON OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
PORTION OF THE DIXIE HIGHWAY RIGHT-OF-WAY (ROW)
LOCATED APPROXIMATELY 1,320 FEET SOUTH OF
GULFSTREAM BOULEVARD, AS MORE PARTICULARLY
DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO
THE CITY A GENERAL UTILITY EASEMENT FOR PUBLIC AND
PRIVATE UTILITIES OVER THE ENTIRE AREA THEREOF, AS
MORE PARTICULARLY DESCRIBED HEREIN.
(The official copy of Resolution No. 19-02 is on file in the City Clerk's office.)
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RESOLUTION NO. 20-02/ABANDONMENT OF UTILITY
EASEMENT/PLAT OF FAIRACRE: Approve the abandonment of a 5' utility easement
within Lot 6, Plat of Fairacre, located west of Swinton Avenue, north ofN.W. 11th Street (1107
Periwinkle Lane).
The caption of Resolution No. 20-02 reads as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
5-FOOT UTILITY EASEMENT WITHIN THE PLAT OF FAIRACRE
LOCATED EAST OF PERIWINKLE LANE, NORTH OF NW 11TM
STREET, AS MOROE PARTICULARLY DESCRIBED HEREIN.
(The official copy of Resolution No. 20-02 is on file in the City Clerk's office.)
8.E. RESOLUTION NO. 21-02: Approve Resolution No. 21-02 supporting
increased funding for regional planning councils.
The caption of Resolution No. 21-02 reads as follows:
A RESOLUTION OF THE CITY COMMISSON OF THE CITY
OF DELRAY BEACH, FLORIDA, SUPPORTING INCREASED
FUNDING FOR REGIONAL PLANNING COUNCILS;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
(The official copy of Resolution No. 21-02 is on file in the City Clerk's office.)
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02/19/02
8.F. FINAL SUBDIVISION PLAT APPROVAL/PBT PLAT: Approve the P.B.T.
plat, located between US 1 and Old Dixie Highway north of George Bush Boulevard. The
property is being subdivided to create two (2) lots.
8.G.
SERVICE AUTHORIZATION NO. 3/AVIROM & ASSOCIATES, INC.:
Approve Service Authorization No. 3 to Avirom & Associates, Inc. for the Delray Shores
Neighborhood Enhancements Topographic Route-of-Line Survey, Project 2002-008 in the
amount of $16,260.00. Funding is available from 334-6111-519-63.89 (General Construction
Fund).
8.H.
FDOT GENERAL USE PERMIT & HOLD HARMLESS AGREEMENT/
1155 EAST ATLANTIC AVENUE PROJECT: Authorize the City to act as the general use
permit applicant for the addition of one parking space within the state right-of-way (located on
the north side of East Atlantic Avenue) and approve a Hold Harmless Agreement with the
developer (1161 ofDelray, LLC).
8.1. ACCEPTANCE OF EASEMENT DEED/POLLO TROPICAL: Approve and
accept an easement deed for the maintenance of a sidewalk along Linton Boulevard and S.W.
10th Avenue in conjunction with the Pollo Tropical Project.
8.J. MEMORANDUM OF UNDERSTANDING AND POLICIES AND
PROCEDURES 2001-2004/DELRAY BEACH HOUSING RENAISSANCE PROGRAM:
Approve the Memorandum of Understanding and the Policies and Procedures that govern the
Delray Beach Housing Renaissance Program for the period December 2001 through December
2004.
8.K.
THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM
9.A.A.
8.L. FINAL PAYMENT/ATLANTIC PAINTING & SANDBLASTING: Approve
final payment in the amount of $4,201.00 to Atlantic Painting and Sandblasting for the
completion of the Water Treatment Plant Clarifier #4 Painting of Metal Surfaces project, Project
2002-001. Funding is available from 442-5178-536-46.90 (W & S Other Repair and
Maintenance).
8.M. FINAL PAYMENT/JMW CONSTRUCTION CORPORATION: Approve
final payment in the amount of $7,413.14 to JMW Corporation for completion of the Delray
Swim & Tennis Club Pool and Bathhouse Renovations Project, Project 2001-003. Funding is
available from 334-4133-572-63.90 (Tennis Center).
8.N.
ITEM REMOVED
8.0. SPECIAL EVENT REQUEST/SAINT PATRICK'S DAY PARADE: Consider
a request for special event approval to allow the 34th Annual St. Patrick's Day Parade to be held
on Saturday, March 16, 2002 beginning at 2:00 p.m., including temporary use permits for the
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02/19/02
closing of Atlantic Avenue from Venetian Drive to the County Courthouse for the parade and
Venetian Drive and Gleason Street for staging of parade entries from 12:30 p.m. to approximately
3:30 p.m., staff support for traffic control and security, barricading, trash removal and assistance
in obtaining the FDOT permit.
8.P. SPECIAL EVENT REQUEST/EASTER SUNRISE SERVICE: Approve a
request for special event approval to allow the Easter Sunrise Service to be held March 31, 2002
from 6:00 a.m. until 7:30 a.m., including a temporary use permit for the closure of South Ocean
Boulevard from Atlantic Avenue to Miramar, the use of the pavilion, staff support for traffic
control, barricading, and EMS assistance on behalf of the Delray Beach Clergy Association.
8.Q.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period February
4, 2002 through February 15, 2002.
g.R.
AWARD OF BIDS AND CONTRACTS:
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Purchase award to Endicott Electric Vehicles in the amount of
$16,675.50 for the purchase of a Global Electric Motorcar for the Fire
Department. Funding is available from 001-2315-526-64.20 for
$16,355.00 (Fire Operations Automobile) and 115-2311-522-64.20 for
$320.50 (Fire Automobile).
Contract award to Chaz Equipment, Inc. in the amount of $169,132.50
for NE 4th Street Widening Project, Project 2000-003. Funding is
available from 334-3162-541-65.19 for $82,692.50 (General Project
Fund), from 442-5178-536-65.02 for $46,490.00 (Water & Sewer), and
from 448-5461-538-65.02 for $39,950.00.
Contract renewal for the purchase of calcium hypochlorite from Leslie's
Swimming Pool Supplies and the purchase of liquid chlorine from Jones
Chemical via the City of Boca Raton Coop Bid #2000-046 at an
estimated annual cost of $73,815.00. Funding is available from 441-
5122-536-52.21 (Water/Sewer Fund/Chemicals) for $69,090.00 and
from 441-5144-536-52.21 (Water/Sewer Fund/Chemicals) for
$4,725.00.
Mr. Levinson moved to approve the Consent Agenda, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer -
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with
a 5 to 0 vote.
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REGULAR AGENDA:
9.A.A.
CONSULTING SERVICE AGREEMENT/SOUTHWEST AREA
NEIGHBORHOOD REDEVELOPMENT PLAN:
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Approve an agreement between the City
02/19/02
and JEG Associates for consulting services associated with the Southwest Area Neighborhood
Redevelopment Plan in the amount of $50,000. Funding is available from 001-6113-559-49.90
for $30,000 (MacArthur Foundation Grant Fund) and 118-1974-554-49.90 for $5,000
(Community Development Fund). The Community Redevelopment Agency will contribute
$10,000 and Florida Atlantic University will contribute $5,000. The CRA and FAU funds will
be submitted to the City for disbursement.
Mr. Perlman explained this is the second part of the MacArthur Gram and is
contingent on the CRA and FAU giving the City the money for the Downtown Redevelopment
Plan. Mr. Perlman feels that JEG Associates is an outstanding consultant.
Mr. Perlman moved to approve the Consulting Service Agreement between the
City and JEG Associates for consulting services associated with the Southwest Area
Neighborhood Redevelopment Plan, 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.
9.A. WAIVER REQUEST/REDUCE REQUIRED SITE AREA: A waiver request
from Land Development Section 4.4.7(F)(2)(c) to reduce the minimum required site area in the
PRD (Planned Residential Development) for Palm Grove Village located at the northeast and
southeast corners of Federal Highway and Royal Palm Boulevard, east of North Federal
Highway. (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. No ex
parte contacts were noted.
Brian Shutt, Assistant City Attorney, invited anyone from the public who wishes
to address the Commission regarding the modification, to please step forward at this time and be
sworn in by the City Clerk.
Barbara Garito, City Clerk, swore in those individuals who wished to give
testimony on this item.
Paul Dorling, Director of Planning and Zoning, entered into the record the
Planning Department's project file #2002-58 and #2002-59.
Paul Dorling, Director of Planning and Zoning, stated this request is being
processed in conjunction with a proposed rezoning of the property from GC (General
Commercial) RM (Multiple Family - Medium Density), and RL (Multiple Family Low Density)
to PRD (Planned Residential Development). The applicant proposes a residential development
consisting of 12 multiple family units along Federal Highway and 34 single-family homes to the
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02/19/02
east on approximately 4.623 acres. Mr. Dorling stated positive findings are made with respect to
LDR Section 2.4.7 (B)(5) in the Planning and Zoning Staff Report.
The proposed development furthers several goals of the Comprehensive Plan and
the North Federal Highway Redevelopment Plan. The applicant has expressed the desire to have
Royal Palm Boulevard abandoned by the City as this street would then only serve the residents
of Palm Grove Village and The Estuary.
At its meeting of January 28, 2002, the Planning and Zoning Board recommended
approval (7-0) of the waiver.
Ms. McCarthy asked if the sites east of the proposed site are vacant lots. In
response, Mr. Dorling stated this proposal will abut the Estuary Phase II.
Mayor Schmidt asked if there was an emergency access gate installed at the end
of Royal Palm Boulevard into The Estuary. In response, Mr. Dorling stated there is an
emergency access gate installed at the south end of Palm Trail and will serve as an access point
to The Estuary as well as for the extension of Palm Trail to the south. Mr. Dorling stated there
would be the ability for the public to cross Royal Palm Boulevard, but would be a private road if
it were abandoned.
Ms. McCarthy inquired whether the City would have to maintain the road. In
response, Mr. Dorling stated the maintenance responsibility would be a combination of The
Estuary and Palm Grove Village.
The Assistant City Attorney declared the public hearing open. There being no
one who wished to address the Commission regarding the waiver request, the public hearing was
closed.
Mr. Perlman moved to approve the waiver request to the five acre minimum area
for Palm Grove Village based upon positive findings with respect to LDR Section 2.4.7(B)(5),
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson -
Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said
motion passed with a 5 to 0 vote.
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REQUEST FOR SIDEWALK DEFERRAL/DELRAY BEACH
COMMUNITY DEVELOPMENT CORPORATION: Consider a request from Delray Beach
Community Development Corporation to defer the installation of a sidewalk in front of 122 NW
10th Avenue. Staff recommends denial.
Randal Krejcarek, City Engineer, stated this is a request from the Delray Beach
Community Development Corporation to defer the requirements of LDR Section 6.1.3(D)(1)(b)
to install a sidewalk in front of a single-family residential lot located at 122 N.W. l0th Avenue.
The City has made this neighborhood a priority for providing sidewalks. Therefore, staff does
not support and recommends denial of the developer's deferral request to have the sidewalk
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02/19/02
installed in front of 122 N.W. l0th Avenue.
Mayor Schmidt asked if the intent is to eventually install sidewalks on both sides
of the street and if there is a timeframe. In response, Mr. Krejcarek stated the intent is to install
sidewalks on both sides of the street but at this point there is no timeframe.
Mr. Perlman moved to deny the deferral request of the installation of a sidewalk.
The motion died due to the lack of a second.
Ms. McCarthy moved to approve the deferral request from Delray Community
Development Corporation to defer the installation of a sidewalk, seconded by Mr. Levinson.
Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - No;
Mr. Perlman - No; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 3 to 2
vote.
9.C
REQUEST FOR IN-LIEU PARKING SPACES/BEN & JERRY'S SCOOP
SHOP: Consider a request by Ben & Jerry's Scoop Shop for the purchase of two (2) in-lieu
parking spaces in the amount of $28,000. Ben & Jerry's Scoop Shop is located at 1155 East
Atlantic Avenue.
Paul Dorling, Director of Planning and Zoning, stated Ben & Jerry's Scoop Shop
has submitted a Class I! site plan modification for an ice cream parlor located at 1155 East
Atlantic Avenue. Pursuant to LDR Section 4.6.9(B)(1) this change of use requires the provision
of two additional parking spaces. The applicant is unable to provide the required spaces on site
and is requesting the purchase of two in-lieu parking spaces pursuant to LDR Section 4.6.9(E).
At its meeting of January 22, 2002, the Parking Management Advisory Board
unanimously recommended approval of the applicant's request.
Mr. Perlman moved to approve the request by Ben & Jerry's Scoop Shop for the
purchase of two (2) in-lieu parking spaces, seconded by Mr. Levinson. Upon roll call the
Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes;
Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
9.D. SPECIAL EVENT REQUEST/DELRAY AFFAIR: Consider a request from
the Chamber of Commerce for special event approval for the Delray Affair to be held April 5-7,
2002, including a temporary use permit and closing Atlantic Avenue to traffic from Swinton
Avenue to Palm Square and blocking access to Atlantic Avenue on each side street in this area at
the alley running parallel to Atlantic Avenue.
Robert A. Barcinski, Assistant City Manager, stated this is a request for approval
of the Delray Affair to be held April 5-7, 2002, including a temporary use permit and closing
Atlantic Avenue to traffic from Swinton Avenue to Palm Square and blocking access to Atlantic
Avenue on each side street in this area at the alley running parallel to Atlantic Avenue. Mr.
Barcinski stated staff recommends that the event signage be put up on March 18th versus March
13th and that the City cap its overtime contribution at $16,000. This would increase the amount
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02/19/02
owed to the City by the Chamber by approximately $6,000 over last year. Mr. Barcinski stated
the estimated overtime total for this event is approximately $47,855.
Mayor Schmidt inquired about the amount budgeted for this event and
commented about the $6,000 increase over last year. In response, Mr. Barcinski stated this was a
staff recommendation based on discussions by the Commission last year.
Mr. Perlman suggested the City ask the Chamber to pay 50% of the overtime
costs this year and then phase it out over a period of time.
Mrs. Archer stated considering the Chambers budget and how tightly it is run, she
feels it would be very difficult for the Chamber to absorb all of the expenses. Therefore, Mrs.
Archer stated she would also be in favor of seeing the Chamber absorb 50% of the overtime
costs this year, 75% next year, and 100% the following year.
Ms. McCarthy feels this is a good idea as well and stated with this being said
ahead of time, the Chamber can better plan and prepare for it.
Mrs. Archer moved to approve the special event request from the Chamber of
Commerce for the Delray Affair to be held April 5-7, 2002, per staff recommendations with the
City's contribution to be capped at $18,000, seconded by Mr. Perlman. Upon roll call the
Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote.
9.E. SPECIAL EVENT REQUEST/IRISH FESTIVAL (OLD SCHOOL
SQUARE): Consider a special event request to hold an Irish Festival on the grounds at Old
School Square on March 16, 2002 from 12:00 p.m. (noon) to 11:00 p.m. and March 17, 2002
from 11:00 a.m. until 8:00 p.m., including a temporary use permit for use of facilities, event
signage, trash removal, staff support for security and traffic control with the sponsor paying all
overtime and event signage costs, contingent on the sponsor providing liability insurance and a
hold harmless agreement.
Robert A. Barcinski, Assistant City Manager, stated this is a request from Old
School Square to endorse this event. The estimated overtime cost for this event with EMS
assistance is $8,120.00 and $5,465 without EMS assistance. Event signage costs are estimated at
$300.00. This event is a new event which exceeds the 50 event limit. Mr. Barcinski stated he
spoke with the event sponsor who has decided they would like to hire their own cleanup crews.
Therefore, the overtime costs would decrease about $2,000. The sponsor has also requested the
event signage be in place longer than the one week allowed and staff recommends that March 8th
be the earliest date for the event signage.
Mr. Levinson commented about the sponsor paying all the overtime costs. Mr.
Barcinski stated this event would put the City over the 50 event limit. Mr. Barcinski stated the
City will need to provide security and traffic control for an event of this type. The Fire
Department may or may not need to be on site but if this is approved, Mr. Barcinski stated the
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02/19/02
recommendation would be contingent on the Police Department deciding the security needs and
the Fire Department deciding the EMS needs.
Prior to the vote, Mr. Levinson stated he feels at some point there should be a
Workshop Meeting regarding this issue to look at whether there should be some methodology for
substituting one event for another. Mr. Levinson stated if one event dwindles, then the event
limit may no longer be 50 per year. Mr. Levinson stated he would like to review the list of
special events and as they grow, the number of events may need to be adjusted as well.
Mrs. Archer stated when the Commission meets to review and discuss the special
event, she suggested that there be some way of categorizing the events so the Delray Affair may
be an "A" event or an intensity event.
Mr. Barcinski stated he has policies and procedures from other communities to
review and agrees that this has to be worked out.
Mr. Levinson moved to approve the special event request to hold an Irish Festival
on the grounds at Old School Square on March 16, 2002 from noon until 11:00 p.m. and March
17, 2002 from 11:00 a.m. until 8:00 p.m. subject to staff's recommendations regarding signage
and that the sponsor be responsible for the overtime costs, seconded by Ms. McCarthy. Upon
roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor $chmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0
vote.
9.F. REQUEST FOR FUNDING/TRUTH, INC.: Consider a request from Truth,
Inc. for financial support to assist with the group's Louise E. Buie Civil Rights Legacy Tour to
Alabama and Atlanta March 15-19, 2002.
The City Manager stated staff has received a letter from Truth, Inc. requesting
financial support from the City to assist with the group's Louise E. Buie Civil Rights Legacy
Tour. The City Manager recommends that the request be denied in view of the City's anticipated
revenue shortfall, and also because this is not a local group. The City Manager stated the City
already has something very similar for young people here in Delray called "The College Tour"
run by MAD DADS.
Mr. Levinson stated he has similar feelings about this request as he did with the
Bike Tour. Mr. Levinson stated the Bike Tour just stopped here in Delray and feels it had
nothing really to do with Delray. Mr. Levinson stated this is not to say that it wasn't a worthy
cause, but it was a request from another city. Mr. Levinson stated he does not see how this
particular request would benefit the citizens of Delray.
Ms. McCarthy stated although Truth, Inc. is physically located in West Palm
Beach this is something that impacted South Florida quite a bit. However, Ms. McCarthy stated
if there is a local program which benefits children, she would rather see the dollars go there. Ms.
McCarthy suggested that the City apprise them as to why this decision is being made.
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02/19/02
Mr. Levinson moved to deny the request for funding, 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 to deny
passed with a 5 to 0 vote.
9.G. PROPOSAL FOR SETTLEMENT/MYRIAM JEAN-LOUIS v. CITY:
Consider acceptance of proposal for settlement subject to the receipt of appropriate releases in
the Myriam Jean-Louis v. City of Delray Beach case. Staff recommends acceptance.
Mr. Perlman moved to approve the proposal for settlement subject to the receipt
of the appropriate releases, 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.H. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1)
alternate member to the Board of Adjustment for an unexpired term ending August 31, 2003.
Based upon the rotation system, the appointment will be made by Commissioner Levinson (Seat
~3).
Mr. Levinson moved to appoint Stanley Warshaw as an alternate member to the
Board of Adjustment for an unexpired term ending August 31, 2003, 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.
0.I.
APPOINTMENT TO PUBLIC EMPLOYEES RELATIONS
COMMISSION: Appoint one (1) alternate member to the Public Employees Relations
Commission (PERC) for an unexpired term ending June 30, 2002. Based on the rotation system,
the appointment will be made by Commissioner Levinson (Seat #3).
Mr. Levinson moved to appoint Dinah Stephenson as an alternate member to the
Public Employees Relations Commission (PERC) for an unexpired term ending June 30, 2002,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman -
Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said
motion passed with a 5 to 0 vote.
9.J. APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY
BOARD: Appoint four (4) regular members to the Parking Management Advisory Board for
two (2) year term ending January 31, 2004. Based upon the rotation system, the appointments
will be made by Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3),
Commissioner McCarthy (Seat #4), and Mayor Schmidt (Seat #5).
Mrs. Archer moved to appoint Francis Marincola (incumbent) as a regular
member to the Parking Management Advisory Board for a two year term ending January 31,
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2004, seconded by Mr. Perlman for discussion. Prior to the vote, Mr. Perlman stated that since
Francis Marincola has litigation against the City, he is unable to support his reappointment.
Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Schmidt - No; Mr. Perlman - No. Said motion passed with a 3 to 2
vote.
Mr. Levinson moved to appoint Nancy Lierle as a regular member to the Parking
Management Advisory Board for a two year term ending January 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 Howard Lewis (incumbent) as a regular
member to the Parking Management Advisory Board for a two year term ending January 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 appoint Joe Gillie as a regular member to the Parking
Management Advisory Board for a two year term ending January 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.
9.K. BOCA RATON AIRPORT AUTHORITY: Discussion regarding a bill to be
entitled An Act relating to the Boca Raton Airport Authority.
Mayor Schmidt announced there have been some efforts to not support the local
bill in Tallahassee relating to the Boca Raton Airport Authority. Mayor Schmidt stated he spoke
to Kathy Daley, City Lobbyist, who informed him that a compromise has been crafted in
Tallahassee and the bill is going before the committee tomorrow because it was tabled last week.
Mayor Schmidt stated he asked Ms. Daley if she felt it would help in trying to get the
compromise approved if the City were to take some formal action on this. Mayor Schmidt stated
Ms. Daley feels it would indeed help.
It was the consensus of the Commission to support a bill to be entitled An Act
relating to the Boca Raton Airport Authority. Mayor Schmidt advised the Commission that he
would inform Ms. Daley of the Commission support in the morning.
At this point, the City Commission moved to Item 12, First Readings.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 6-02: An ordinance amending the Future Land Use Map
(small scale) from GC (General Commercial)to MD (Medium Density Residential 5-12 du/ac)
for a 0.763 acre parcel of land for Palm Grove Village, located at the northeast corner of Royal
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Palm Boulevard and North Federal Highway. If passed, a quasi-judicial public hearing will be
scheduled for March 5, 2002.
The City Manager presented Ordinance No. 6-02:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND
USE MAP FROM GC (GENERAL COMMERCIAL) TO MD
(MEDIUM DENSITY RESIDENTIAL 5-12 DU/AC) FOR A 0.763
ACRE PARCEL OF LAND FOR PALM GROVE VILLAGE AS
MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION
PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS;
PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 6-02 is on file in the City Clerk's office.)
The Assistant City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated the property consists of
Lots 1-5, Block A of the Royal Palm Gardens Plat #3 and contains 0.76 acres. The property
currently contains a 2,363 square foot restaurant located on North Federal Highway called Mama
Rosa' s.
Mr. Dorling stated the amendment is being processed as a small scale amendment
which is being done without regard to the statutory limit of twice a year required for full scale
amendments.
At its meeting of January 28, 2002, the Planning and Zoning Board considered
this proposal and after discussion the Board voted unanimously 7-0 to recommend approval of
this land use amendment based upon positive findings with respect to Future Land Use Element
Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1
(Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan.
Mr. Perlman moved to approve Ordinance No. 6-02 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.B. ORDINANCE NO. 7-02: An ordinance rezoning from GC (General
Commercial) in part, RM (Multiple Family Residential-Medium Density) in part, and RM
(Multiple Family Residential-Low Density) in part to PRD (Planned Residential Development)
for 4.623 acres for Palm Grove Village, located on the north and south sides of Royal Palm
Boulevard, east of North Federal Highway. If passed, a quasi-judicial public hearing will be
scheduled for March 5, 2002.
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The City Manager presented Ordinance No. 7-02:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT
IN PART, RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM
DENSITY) IN PART, AND RL (MULTIPLE FAMILY
RESIDENTIAL - LOW DENSITY) IN PART TO PRD (PLANNED
RESIDENTIAL) DISTRICT; SAID LAND BEING A PARCEL OF
LAND LOCATED ON THE NORTH AND SOUTH SIDES OF
ROYAL PALM BOULEVARD, EAST OF NORTH FEDERAL
HIGHWAY, AS MORE PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA,
2001"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 7-02 is on file in the City Clerk's office.)
The Assistant City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated this is a rezoning for the
same development, but for the parcels east of the commercial piece along Federal Highway.
At its meeting of January 28, 2002, the Planning and Zoning Board considered
this proposal and after discussion voted unanimously 7-0 to recommend approval of this request
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.
Mrs. Archer moved to approve Ordinance No. 7-02 on FIRST Reading, 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.
12.C. ORDINANCE NO. 9-02: An ordinance amending Land Development
Regulations Section 5.3. l(D)(4)(a) changing appeals of required right-of-way dedications from
the Board of Construction Appeals to the City Commission. If passed, a public hearing will be
scheduled for March 5, 2002.
The City Manager presented Ordinance No. 9-02:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING ARTICLE 5.3, "DEDICATION
AND IMPACT REQUIREMENTS", SECTION 5.3.1 (D) (4), -16-
02/19/02
"REDUCTION IN WIDTH", TO REFER AN APPEAL OF A RIGHT-
OF-WAY DEDICATION REQUIREMENT TO THE CITY
COMMISSION; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 9-02 is on file in the City Clerk's office.)
The Assistant City Attorney read the caption of the ordinance.
At this point, Mr. Perlman left the dais.
Paul Dorling, Director of Planning and Zoning, stated this amendment is being
processed to refer an appeal of a right-of-way dedication requirement to the appropriate
approving body, that being the City Commission, rather than the Board of Construction Appeals
(BOCA).
At its meeting of January 28, 2002, the Planning and Zoning Board considered
this amendment and after discussion 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).
Ms. McCarthy moved to approve Ordinance No. 9-02 on FIRST Reading,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson -
Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a
4 to 0 vote.
12.D. ORDINANCE NO. 10-02: An ordinance amending Ordinance No. 59-01 to
make clear the intent of that ordinance that suits against the City will also cause extensions on
development approvals. If passed, a public hearing will be scheduled for March 5, 2002.
The City Manager presented Ordinance No. 10-02:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SECTION 2.4.4, "GENERAL
PROCEDURES PERTAINING TO APPROVAL OF LAND USE
AND DEVELOPMENT APPLICATIONS", SUBSECTION (F),
"EXTENSIONS", BY AMENDING PARAGRAPH (4),
"LITIGATION PREVENTING CONSTRUCTION", TO PROVIDE
FOR EXTENSIONS WHEN LITIGATION IS FILED AGAINST
THE CITY TO PREVENT CONSTRUCTION RELATING TO A
DEVELOPMENT APPROVAL; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 10-02 is on file in the City Clerk's office.)
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02/19/02
The Assistant City Attorney read the caption of the ordinance.
Mrs. Archer moved to approve Ordinance No. 10-02 on FIRST Reading,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy -
Yes; Mayor Schmidt - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a
4 to 0 vote.
At this point, the time being 7:00 pm, the Commission moved to the duly
advertised Public Hearings portion of the agenda.
10.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 4-02: An ordinance amending Chapter 53 "Sanitary Sewers"
of the City's Code of Ordinances and amending LDR Section 6.1.11 Sewer Systems, to comply
with the Florida State Department of Environmental Protection (DEP) regarding industrial
pretreatment and regulated sewage discharges. 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. 4-02:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53,
"SANITARY SEWERS", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, BY AMENDING SECTION 53.001,
"PURPOSE", TO PROVIDE A REFORMATED VERSION; BY
AMENDING SECTION 53.002, "POLICY AND SCOPE", TO
PROVIDE AN UPDATED POLICY; BY AMENDING SECTION
53.003, "APPLICATION OF CHAPTER", TO ADD A PROVISION
ON THE ADMINISTRATION OF CHAPTER 53; BY AMENDING
SECTION 53.004 "DEFINITIONS", TO READ "ABBREVIATIONS;
DEFINITIONS", TO PROVIDE NECESSARY ABBREVIATIONS
AND DEFINITIONS; BY AMENDING SECTION 53.005
"COMPLIANCE WITH PROVISIONS OR MORE STRINGENT
REGULATIONS", TO CLARIFY THE REGULATIONS TO BE
COMPLIED WITH; BY AMENDING SECTION 53.006 "DISPOSAL
OF SEWAGE OTHER THAN THROUGH REGIONAL FACILITIES",
BY CLARIFYING WHICH FACILITY; BY AMENDING SECTION
53.024 "CONNECTING PRIVATE SEWAGE DISPOSAL SYSTEM
TO PUBLIC SEWER", TO PROVIDE FOR CONNECTION TO
SEWAGE DISPOSAL SYSTEMS; BY AMENDING SECTION
53.025 "COST OF MAKING CONNECTION", TO CLARIFY WHO IS
RESPONSIBLE FOR THE COST OF CONNECTING TO THE
SEWER SYSTEM; BY AMENDING SECTION 53.050
"DISCHARGE OF STORMWATER AND OTHER UNPOLLUTED
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02/19/02
DRAINAGE", TO CLARIFY A DEFINED TERM; BY AMENDING
SECTION 53.051 "PROHIBITED DISCHARGES TO SEWERS", TO
PROVIDE FOR THE PROHIBITION OF CERTAIN DISCHARGES;
BY REPEALING SECTION 53.052 "DISCHARGE OF CERTAIN
WASTES RESTRICTED", AND ENACTING A NEW SECTION
53.052 "NATIONAL CATEGORICAL PRETREATMENT
STANDARDS", TO PROVIDE FOR PRETREATMENT
STANDARDS; BY AMENDING SECTION 53.053
"PRETREATMENT, EQUALIZATION OF WASTE FLOWS" TO
CLARIFY DEFINED TERMS; BY AMENDING SECTION 53.054
"INTERCEPTORS", TO CLARIFY THE USE OF INTERCEPTORS
BY CERTAIN BUSINESSES; BY AMENDING SECTION 53.056
"ADMISSION OF INDUSTRIAL AND COMMERCIAL WASTE" TO
CLARIFY DEFINED TERMS; BY ENACTING SECTION 53.057
"OIL AND GREASE MANAGEMENT AND SURCHARGE
PROGRAMS", TO PROVIDE FOR THE IMPLEMENTATION OF
THE OIL AND GREASE MANAGEMENT AND SURCHARGE
PROGRAMS; BY AMENDING SECTION 53.060 "COMPLIANCE",
TO CLARIFY A DEFINED TERM; BY AMENDING SECTION
53.063 "EXCESSIVE DISCHARGE/WATER METER
REQUIREMENTS", TO CLARIFY DEFINED TERMS; BY
AMENDING SECTION 53.064 "PREVENTION OF ACCIDENTAL
DISCHARGES", TO CLARIFY DEFINED TERMS; BY AMENDING
SECTION 53.065 "WRITTEN REPORT REQUIRED DESCRIBING
CAUSE OF DISCHARGE", TO CLARIFY DEFINED TERMS; BY
AMENDING SECTION 53.067 "NOTIFICATION OF THE
DISCHARGE OF HAZARDOUS WASTES", TO CLARIFY
DEFINED TERMS; BY AMENDING SECTION 53.080
"COMPLIANCE DATE REPORT", TO CLARIFY DEFINED TERMS;
BY AMENDING SECTION 53.081, "PERIODIC COMPLIANCE
REPORTS", TO READ "REPORTING REQUIREMENTS", TO
PROVIDE ADDITIONAL REPORTING REQUIREMENTS; BY
AMENDING SECTION 53.082, "INSPECTION AND SAMPLING",
TO PROVIDE FOR ADMINISTRATIVE INSPECTION WARRANTS
IN APPROPRIATE CASES; BY AMENDING SECTION 53.083,
"INFORMATION AND DATA TO BE MADE AVAILABLE", TO
PROVIDE ADDITIONAL INFORMATION REQUIREMENTS; BY
ENACTING SECTION 53.084, "ANALYTICAL REQUIREMENTS",
TO PROVIDE FOR POLLUTANT ANALYSES; BY ENACTING
SECTION 53.085, "SAMPLE COLLECTION", TO PROVIDE
SAMPLING TECHNIQUES FOR DISCHARGES; BY REPEALING
SECTION 53.100, "SPECIAL PERMIT REQUIRED; TERM", AND
ENACTING A NEW SECTION 53.100 "PERMIT REQUIREMENTS",
TO PROVIDE FOR PERMIT REQUIREMENTS; BY REPEALING
SECTION 53.101, "APPLICATION FOR PERMITS", AND
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02/19/02
ENACTING A NEW SECTION 53.101 "PERMIT APPLICATIONS",
TO PROVIDE FOR ADDITIONAL INFORMATION FOR PERMIT
APPLICATIONS; BY ENACTING SECTION 53.102, "PERMIT
ADMINISTRATION", TO PROVIDE PROCEDURES APPLICABLE
TO THE DISCHARGE PERMITS; AMENDING SECTION 53.130,
"USER CHARGES; WHOLESALE SEWER RATES; CALCULATION
OF SEWER SURCHARGE", TO PROVIDE FOR A REVISED
SEWER SURCHARGE LEVELS AND TO CLARIFY DEFINED
TERMS; BY AMENDING SECTION 53.140 "RIGHT TO ENTER
PREMISES AND OBTAIN iNFORMATION CONCERNING
DISCHARGES", TO CLARIFY DEFINED TERMS; BY AMENDING
SECTION 53.141 "SUSPENSION OF WASTEWATER TREATMENT
SERVICE; NOTICE TO STOP DISCHARGE; FAILURE TO
COMPLY", TO CLARIFY DEFINED TERMS; BY AMENDING
SECTION 53.150, "NOTIFICATION OF VIOLATIONS", TO READ
"NOTIFICATION OF VIOLATIONS; CONSENT ORDERS", TO
PROVIDE FOR CONSENT ORDERS AS A REMEDY FOR
NONCOMPLIANCE; BY AMENDING SECTION 53.152 "SHOW
CAUSE HEARING", TO CLARIFY DEFINED TERMS; BY
AMENDING SECTION 53.154 "RETENTION OF RECORDS
REQUIRED" TO CLARIFY A DEFINED TERM; BY ENACTING
SECTION 53.155, "AFFIRMATIVE DEFENSES TO DISCHARGE
VIOLATION" TO PROVIDE CERTAIN AFFIRMATIVE DEFENSES
FOR A DISCHARGE VIOLATION; BY AMENDING SECTION
53.500 "ENFORCEMENT PLAN", TO CLARIFY DEFINED TERMS;
BY AMENDING SECTION 53.999 "PENALTIES", TO CLARIFY A
DEFINED TERM; AMENDING CHAPTER SIX
"INFRASTRUCTURE AND PUBLIC PROPERTY", OF THE LAND
DEVELOPMENT REGULATIONS, BY AMENDING SECTION
6.1.11 "SEWER SYSTEM", TO PROVIDE REFERENCE TO
CHAPTER 53 OF THE CODE OF ORDINANCES; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 4-02 is on file in the City Clerk's office.)
The Assistant 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.
At this point, Mr. Perlman returned to the dais.
Mayor Schmidt declared the public hearing open. There being no one who
wished to address the Commission regarding Ordinance No. 4-02, the public hearing was closed.
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02/19/02
Mr. Perlman moved to adopt Ordinance No. 4-02 on Second and FINAL Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt -
Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said
motion passed with a 5 to 0 vote.
10.B. ORDINANCE NO. 5-02 (SECOND READING/SECOND PUBLIC
HEARING): An Ordinance amending the Land Development Regulations Section 4.4.27(C) to
add educational facilities as an accessory use in the aSR (Open Space and Recreation) zoning
district. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a
public hearing has been scheduled to be held at this time.
The City Manager presented Ordinance No. 5-02:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES BY AMENDING SECTION 4.4.27, "OPEN SPACE
AND RECREATION (aSR) DISTRICT", SUBSECTION (C)
"ACCESSORY USES AND STRUCTURES ALLOWED", TO ADD
EDUCATIONAL FACILITIES AS AN ACCESSORY USE;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 5-02 is on file in the City Clerk's office.)
The Assistant City Attorney read the caption of the ordinance. A public hearing
was held having been legally advertised in compliance with the laws of the State of Florida and
the Charter of the City of Delray Beach, Florida.
Mayor Schmidt declared the public hearing open. There being no one who
wished to address the Commission regarding Ordinance No. 5-02, the public hearing was closed.
Prior to the vote, Mr. Perlman inquired about whether or not there is any word
about a school at the Catherine Strong Center. In response, Mr. Dorling stated there has been
some discussion in the past but he is not aware of anything specific.
Mr. Levinson moved to adopt Ordinance No. 5-02 on Second and FINAL
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.
10.C. ORDINANCE NO. 8-02 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending the Land Development Regulations Appendix "A" Definitions to add a
definition for bedrooms. If passed, a public hearing will be scheduled for March 5, 2002. Prior
to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing
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02/19/02
has been scheduled to be held at this time.
The City Manager presented Ordinance No. 8-02:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES BY AMENDING APPENDIX "A",
"DEFINITIONS", TO ADD THE DEFINITION OF
"BEDROOM"; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 8-02 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this amendment is being
processed for clarification purposes and to ensure required minimum parking and floor area
requirements are met for multiple family developments. Parking and minimum floor area
requirements for multi-family units are based on the number of bedrooms. A room designated
on floor plans as den/study is not currently counted as a bedroom. However, Mr. Dorling stated
in many instances it is utilized as such and the required parking and minimum floor area
requirements for the unit are usually not met. Mr. Dorling stated some property owners have
converted den/study areas to additional bedrooms, and have not met the minimum unit floor area
requirement.
At its meeting of January 28, 2002, and after discussion the Planning and Zoning
Board voted 6-1 to recommend approval of the definition of a bedroom, based upon positive
findings with respect to LDR Section 2.4.5(M) as noted in the Planning and Zoning Staff Report.
Mrs. Archer commented that the definition of a bedroom also includes a "loft".
Mrs. Archer explained that it could be possible to have a loft that is greater than 70 square feet
but is indeed a loft or almost a hallway between actual bedrooms. Mrs. Archer asked if this
would then be considered a room used for sleeping and therefore a bedroom. In response, Mr.
Dorling stated per the definition, a loft would be classified as a bedroom as long as it is a
minimum of 70 square feet. Mr. Dorling stated the only time this would affect the parking is if
there were a one-bedroom unit and there were a loft or den/study in which case the parking
requirement would go from 1 lA to 2 spaces.
Mayor Schmidt declared the public hearing open. There being no one who
wished to address the Commission regarding Ordinance No. 8-02, the public hearing was closed.
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02/19/02
Mrs. Archer moved to adopt Ordinance No. 8-02 on FIRST READING/FIRST
PUBLIC HEARING, seconded by Mr. Perlman. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes;
Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote.
ll.A.
City Manager's response to prior public comments and inquiries.
With regard to Mr. Smith's presentation at the last meeting regarding the City's
need for bicycle facilities, the City Manager stated the bike lanes on A-1-A have been
constructed by the Florida Department of Transportation (FDOT). Recently, the City Manager
stated the City of Delray Beach adopted a Landscape Maintenance Agreement for the section up
as far as the Linton Bridge which will be constructed within the next year and then in subsequent
years will eventually go through the entire City. The City Manager stated as FDOT does the
work they are making provisions for bicycles and commented that this is nothing the City of
Boca Raton had anything to do with. The City Manager stated Objective D-2 under the
Transportation Element of the Comprehensive Plan states, "Facilities which accommodate the
use of bicycles as an alternative means of personal transportation shall be assessed and required
during development review." The City Manager stated Policy D-2.1 states, "Bicycle traffic shall
be accommodated in the design and construction of Collector and Arterial roadways. These
improvements are to emphasize safer bicycle movements (e.g. 14-foot outside travel lanes) rather
than providing separate bicycle facilities and lanes. The City, by adoption of this policy,
requests that such improvements be included in all projects undertaken per Florida Department
of Transportation or the County Five-Year Road Program, as well as the City's Capital
Improvement Program." The City Manager stated if someone desires to have bicycle lanes
instead of the wider outside lane, the Comprehensive Plan would have to be changed.
Secondly, the City Manager stated bicycle parking facilities shall be required on
all new development and redevelopment. Particular emphasis is to be placed on development
within the transportation concurrency exemption area. The City Manager stated there is some
designated bike lanes in the City i.e. when North Federal was rebuilt FDOT installed the
designated bike lanes from George Bush Boulevard North into Boynton Beach.
The City Manager stated one of the fun things about his job is trying to connect
people together. The City Manager commented he is the Chairman of Seminole District for Boy
Scouts. The City Manager was informed by Mr. Russ Mawson, Boy Scout Master that his unit
was rebuilding some computers and asked if there was someone he could donate the computers
to. The City Manager stated people in Moshi asked for the computers so the Sister Cities
Committee was able to arrange the transportation of the computers to Moshi, Tanzania.
11.B. From the Public.
ll.B.1. Kevin Warner~ 248 Venetian Drive~ in the interest in keeping the issues in front
of the voters this election season and on behalf of Gerry Franciosa, Mr. Warner invited Mrs.
Archer to two debates. Mr. Warner stated the League of Woman Voter's supports this and are
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02/19/02
willing to help establish a format for the debates. Mrs. Archer stated she will have to review this
and will be happy to respond.
ll.B.2. Stanley Milosk¥~ 610 Allen Avenue~ stated he lives in the North Federal
Highway area and feels residents have done a good job trying to clean up the area. Mr. Milosky
stated the residents in the area like The Palm Grove Village idea and The Estuary and
commented that they have worked very hard to get these types of places in their neighborhood in
addition to other things with little help from the City. Mr. Milosky expressed concern over the
dirt created by the construction. Mr. Milosky stated a few years ago when Kokomo Key was
being built Mr. Parker who was on the Planning and Zoning Board stated "we never know when
things can change". Mr. Milosky suggested that the City erect a wall or fence so the residents
who currently live in this area will not be hindered. Mr. Milosky suggested for Code
Enforcement to monitor the area and make an attempt to keep everything wet when the
contractor uses big machinery. Mr. Milosky emphasized the homes of the residents are backed
up against this project and urged the Commission to help the residents keep this area clean.
ll.B.3. Kenneth Carruthers~ 248 W. Coral Trace Blvd, inquired whether the City has
entered into an agreement without public knowledge with the Baker Family, M&P Concrete
Company, Temple Sinai, and the owners along the strip south of Breezy Ridge Estates. In
addition, Mr. Carruthers inquired about the costs being subsidized by Delray Beach taxpayers.
Mr. Carruthers suggested that the City authorize another survey and ask the citizens if they
would like full disclosure. Mr. Carruthers asked how the City can justify burdening the
taxpayers for an ill advised project which he feels is the wrong site for this project. Mr.
Carruthers stated he would like answers to his concerns expressed this evening and distributed a
list of the figures and methodology of those figures to the City Clerk.
The City Manager reported about the status of the contracts and stated that the
City Commission has not been presented with, nor considered, nor seen any contracts on any of
the parcels to which Mr. Carruthers has referred to. However, the City Manager stated there are
active ongoing negotiations.
ll.B.4. Patricia Zimmermam 2551 S. Coral Trace Circle~ stated residents of the Coral
Trace subdivision have spoken nothing but the truth and have provided the Commission with an
expert analysis of the demographics of the Tate Property, shared names dates, and documents.
Ms. Zimmerman stated there are sites other than the Tate Property where Atlantic High School
could be built. Ms. Zimmerman feels the Tate Property is overcrowded and stated the City will
have to culvert the canals, make bridges for the students to crossover, put in additional traffic
lights, reconstruct sidewalks and install emergency access roads. Ms. Zimmerman stated there
are approximately 265 families in the Coral Trace development and stated there are two streets
(one street takes residents in to Coral Trace from Atlantic Avenue and one street that takes
residents out). Ms. Zimmerman stated this is supposed to be an emergency access road and
expressed concern because most of the time residents only have the option of making a right
hand turn or cut across the westbound traffic on Atlantic Avenue.
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02/19/02
ll.B.5. Deborah Bennett~ 137 Seabreeze Avenue~ expressed concerns similar to that of
Mr. Carruthers and asked where the extra money will be coming from for the relocation of
Atlantic High School.
ll.B.6. Anthony Vocaturo~ resident of The Enclave~ stated he has had several
conversations with the Commission and has received the same answer about their awareness of
the cost estimates being proposed on the Tate for the relocation of Atlantic High School. Mr.
Vocaturo stated he can see this going down a path of projects that are completed in other cities
and states where the project is completed and ends up costing $30 million over budget thus the
taxpayers are held responsible.
Secondly, Mr. Vocaturo expressed concern over the condition of the way the Tate
site was left. Mr. Vocaturo stated some residents cannot open their windows, mounds of dirt are
not being wet down, and the dust is horrendous. Mr. Vocaturo urged the Commission to help the
residents in the community.
13.
Comments and Inquiries on Non-A~enda Items.
13.A. City Manager.
The City Manager had no comments or inquiries on non-agenda items.
13.B. City Attorney.
The City Attorney had no comments or inquiries on non-agenda items.
13.C.
13.C.1.
City Commission.
Commissioner McCarthy
Ms. McCarthy commented that she had the opportunity to go to five different
locations in Delray Beach with the new voting machines and the response has been very positive.
Ms. McCarthy stated Theresa LePore has been very supportive and instrumental in approving
sites for the demonstrations of the voting equipment.
13.C.2.
Commissioner Perlman
Mr. Perlman thanked City staff and some residents for the cards and calls
expressing their sympathy and condolences and stated he sincerely appreciates it.
Secondly, Mr. Perlman stated he read in the newspaper about the Boca Raton
Police Department trying to get a training center in South County off the ground for law
enforcement and inquired if the City of Delray is in the mix of discussions with that. The City
Manager stated the City is in the mix of discussions for both Police and Fire.
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02/19/02
Mr. Perlman announced that there will be a Palm Beach County School Board
Meeting tomorrow and commended City staff for all their hard work.
13.C.3.
Commissioner Levinson
Mr. Levinson stated the Palm Beach County League of Cities is hosting a
luncheon on Wednesday, February 27, 2002 at the Delray Beach Golf Club and feels it would be
nice if the Commission could attend this luncheon meeting.
13.C.4.
Commissioner Archer
improve.
Mrs. Archer extended her sympathy to Mrs. Schwartz and hopes she will
Secondly, Mrs. Archer commented about the Sister Cities Awards this evening
and stated she is pleased that our community is working to assist the students in Moshi,
Tanzania.
Mrs. Archer commented about the new boat at Veteran's park and wants to make
sure that these boats meet all of the Coast Guard requirements, that they pass all their
inspections, that they meet all the City terms of the lease in the number of passengers they carry,
that they operate from the City's dock, and that appropriate ticket facilities are offered at the
local docks in Delray Beach not Deerfield.
Lastly, Mrs. Archer stated she received notice from the Metropolitan Planning
Organization (MPO) concerning the fact that they have a Citizen's Advisory Committee to
which there are two openings. One opening is a vacancy for a physically challenged individual
and the other opening is a vacancy for a minority citizen representative. Mrs. Archer stated the
City of Delray Beach has been asked to submit any nominations concerning these appointments.
13.C.5. Mayor Schmidt
Mayor Schmidt stated Ms. McCarthy asked him to remind people that EPOCH is
hosting a fundraiser on Friday, February 22, 2002 at 6:00 p.m. at the Delray Beach Golf Club
and tickets are $30 each. The "Commission Roast" will benefit the S.D. Spady Museum and the
Black History Tribute honoring Spencer Pompey. Mayor Schmidt stated EPOCH would
appreciate the Commission attending and supporting their efforts.
at 7:40 p.m.
There being no further business, Mayor Schmidt declared the meeting adjourned
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02/19/02
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 February 19,
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.
-27-
02/19/02
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 February 19,
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.
-27-
02/19/02