03-19-02MARCH 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, March 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
City Attorney Susan A. Ruby
City Clerk Barbara Garito
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Delray Beach.
The opening prayer was delivered by Reverend Nancy Norman, Unity Church of
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The Pledge of Allegiance to the flag of the United States of America was given.
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AGENDA APPROVAL.
Mayor Schmidt noted a revised Exhibit for Item 8.K., Resolution No. 28-02.
Mayor Schmidt announced that the applicant has requested Item 9.B., Appeal of
Historic Preservation Board Decision (Management Systems) be postponed to a date certain
of May 7, 2002. Therefore, Mayor Schmidt stated the Commission will not be considering this
item tonight.
Also, Mayor Schmidt informed those people in attendance this evening interested
in Item 12.A., Ordinance No. 12-02 regarding the amendment to the historic designation on the
Fontaine Fox House, that there will be no public testimony this evening but a public hearing will
be held on second reading of this ordinance.
Mr. Levinson moved to approve the Consent Agenda with Item 9.B. being
postponed to a date certain of May 7, 2002, and the substituted 8.K., Exhibit "A", seconded by
Mr. Perlman. Upon roll call the Commission voted as follows: Upon roll call the Commission
voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy -
Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote.
5. APPROVAL OF MINUTES:
Mrs. Archer moved to approve the Minutes of the Special Meeting of February
26, 2002 as presented, 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.
Mrs. Archer moved to approve the Minutes of the Regular Meeting of March 5,
2002 as presented, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs.
Archer - Yes. Said motion passed with a 5 to 0 vote.
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PROCLAMATIONS:
None.
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PRESENTATIONS:
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City"
Delray Camera Club Award Presentation - "Delray Beach All-America
On behalf of the City Commission, Mayor Schmidt expressed his sincere
congratulations to the winners and to all the talented photographers who entered the competition.
He stated this is the 8th year the Delray Camera Club has exhibited at City Hall and each exhibit
requires a lot of dedication and hard work by the members of the club. Mayor Schmidt gave
special recognition to Max Sinowitz, Florence Greenberg and Robert Boylson who over the
years have worked tirelessly to make this exhibit a huge success and presented them each with a
special plaque award.
In addition, Mayor Schmidt introduced and presented a Certificate of
Achievement to the winners of the Delray Camera Club for this year's competition.
HONORABLE MENTION
Leonard Friedman
"Red, White and Blue"
Sally Gottlieb
"America"
Florence Greenberg
"Honoring our Flags"
Harry Movchine
"Passing the Time"
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Hal Shaffran
"Ready to Open"
Ruthe Zucker
"Balconies on Atlantic"
Third Place
Robert Boylson
"Beach Enjoyment"
Second Place
Morris Bernstein
"Walking the Boards at Wakodahatchee"
First Place
Abe Marder
"Hurray for Delray"
CONSENT AGENDA: City Manager Recommends Approval.
CONSENT TO ASSIGNMENT/LOXAHATCHEE TRACTOR SERVICES,
INC.: Approve Consent to Assignment with Loxahatchee Tractor Services, Inc. which will
acquire Blackwell's Tractor Services, Inc. for lot clearing and mowing.
8.B. RESOLUTION 27-02: Approve Resolution No. 27-02 authorizing the City to
participate in and execute the Local Agency Agreement for a grant for the Downtown Pedestrian
Network. FDOT will contribute up to $330,000 and the City will contribute $46,200.
The caption of Resolution No. 27-02 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH APPROVING AND AUTHORIZING
EXECUTION OF A LOCAL AGENCY AGREEMENT;
PROVIDING AN EFFECTIVE DATE.
(The official copy of Resolution No. 27-02 is on file in the City Clerk's office.)
8.C.' REQUEST TO ALLOW A TEMPORARY MODULAR
BUILDING/CONSTRUCTION SERVICES AND CONSULTANTS, INC.: Approve a
request to allow one (1) 660 square feet temporary modular building at Construction Services
and Consultants, Inc., located at the northeast corner of West Atlantic Avenue and the E-4 Canal
(2201 West Atlantic Avenue).
8.D
AMENDMENT TO THE INTERLOCAL AGREEMENT/SOUTH PALM
BEACH COUNTY: Approve an amendment to the Interlocal Agreement for the South Palm
Beach County Public Safety Communications Cooperative for the addition of two (2) channels to
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the existing five (5)-channel Public Safety 800 MHz Radio System.
8.E. SPECIAL EVENT REQUEST/2002 BUD LIGHT PRO/AM VOLLEYBALL
TOURNAMENT: Approve a request from Exclusive Sports Marketing for the 2002 Bud Light
Pro/Am Volleyball Tournament to be held at the municipal beach on May 4 and 5, 2002.
8.F. RESOLUTION NO. 25-02: Approve Resolution No. 25-02 and Contract for
Sale and Purchase between the City and Michelle Abreu, authorizing the City to purchase
property located at 2450 Owens Baker Road in the amount of $126,000, said property consists of
approximately .33 acres of land.
The caption of Resolution No. 25-02 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY
TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY
IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED
HEREIN, HEREBY INCORPORATING AND ACCEPTING
THE CONTRACT STATING THE TERMS AND CONDITIONS
FOR THE SALE AND PURCHASE BETWEEN THE SELLERS
AND THE CITY OF DELRAY BEACH, FLORIDA.
(The official copy of Resolution No. 25-02 is on file in the City Clerk's office.)
8.G. CONFLICT OF INTEREST WAIVER/JOE GILLIE: Approve a conflict of
interest waiver request for Joe Gillie, in regards to the Parking Management Advisory Board.
8.H. APPOINTMENT OF OUTSIDE COUNSEL/HOFFERT V. CITY OF
DELRAY BEACH: Approve appointment of Fred Gelston, Esq. and Steve Radford, Esq. to act
as outside counsel for the case of Hoffert v. City of Delray Beach at a rate of $110.00 per hour
each.
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APPOINTMENT OF OUTSIDE COUNSEL/CITY OF DELRAY BEACH:
Approve appointment of Robert Federspiel, P.A. to act as outside counsel at a governmental rate
of $195.00 per hour for the City of Delray Beach for the acquisition of the Barwick and Tate
properties.
g.J.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period March 4,
2002 through March 15, 2002.
8.K. RESOLUTION NO. 28-02: Approve Resolution No. 28-02 authorizing Atlantic
High School land acquisition by gift purchase or eminent domain.
The caption of Resolution No. 28-02 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
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OF DELRAY BEACH, FLORIDA, AUTHORIZING AND
DIRECTING THE ACQUISITION OF FEE SIMPLE TITLE TO
CERTAIN REAL PROPERTY HEREINAFTER DESCRIBED
FOR THE PURPOSES OF THE CONSTRUCTION OF A NEW
ATLANTIC HIGH SCHOOL WITH RELATED AMENITIES
AND FACILITIES; DECLARING THAT THE ACQUISITION
OF THE PROPERTY IS NECESSARY FOR SAID PUBLIC
PURPOSE; 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. 28-02 is on file in the City Clerk's office.)
AWARD OF BIDS AND CONTRACTS:
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Lease award to Sunshine Golf Car in the amount of $3,274.20 for FY
2002, ($19,654.20 total lease) for three (3) golf carts (special purpose
vehicles) to be leased for 36 months and used for the Police Department
Volunteer Program. Funding is available from 115-2124-521-49.50
(Crime Prevention).
Purchase award to Contemporary Controls and Communications (sole
source provider) in the amount of $19,808.42 for two (2) Irrinets to
computerize irrigation on Linton Boulevard and Congress Avenue.
Funding is available from 119-4144-572-64.90 (Other
Machinery/Equipment).
Purchase award to Sanders Company, Inc. in the amount of $26,175.00 for
one (1) dry pit/submersible sanitary sewerage pump for Lift Station No.
50. Funding is available from 442-5178-536-64.90 (Other
Machinery/Equipment).
Purchase award to Duval Ford in the amount of $227,812.00 for the
purchase of nine (9) police vehicles under the Florida Sheriff's
Association Contract #01-09-094. Funding is available from 115-2112-
521-49.90 (Police Department Federal Forfeiture Fund).
Bid award to Palace Laundry, Inc. T/A Linens of the Week in the amount
of $20,000.00 (estimated annual usage) for linen rental for the Delray
Beach Municipal Golf Course Restaurant. Funding is available from 445-
4715-572-52.22 (Uniforms/Linen Service)
Bid award to RLS Lighting, Inc. in the amount of $31,305.00 to replace
decorative street furniture for Atlantic Avenue east of the Intracoastal
Waterway. Funding is available from 119-4151-572-52.27 for $13,020
(Beautification Trust Fund/Equipment) and 433-3711-534-49.35 for
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$18,285 (Cart Renewal/Replacement).
Purchase award to various vendors in the amount of $65,876.00 for
replacement of City vehicles. Funding is available from 501-3312-591-
64.20 for $47,422 and 442-5178-536--64.20 for $18,454 (City Garage
Account).
Mr. Levinson moved to approve the Consent Agenda as amended, 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.
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REGULAR AGENDA:
9.A. APPEAL OF SPRAB DECISION (INSTASIGN): Consider an appeal of a
decision of the Site Plan Review and Appearance Board's action regarding Instasign located at
851 SE 6th Avenue, Suite 103. Quasi-Judicial Hearing
The City Attorney stated this item will be conducted as a quasi-judicial hearing,
which allows for presentations by all involved parties, the admission of documents into the
record and public testimony.
The City Attorney asked the Commission to disclose any ex parte contacts for the
record. Mr. Levinson stated he spoke to Mr. Cwynar at the beginning of this process but not
since the negotiation has been worked out. Mayor Schmidt, Mr. Perlman, Mrs. Archer, and Ms.
McCarthy stated they had no ex parte contacts.
The City Attorney invited anyone from the public who wishes to address the
Commission regarding the appeal, 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.
Lula Butler, Director of Community Improvement, explained this item is a waiver
to Section 4.6.7(E)(1) of the LDR's governing off-premise signs. The building is located at 851
S.E. 6th Avenue and is a strip shopping center with an inverted "L" shape design. Due to the
design, bay #3 ends up being in the corner of the "L" with no space for a tenant flat wall sign.
The Board determined that there is sufficient space along the faCade to
accommodate three equally-sized flat wall signs. The Board's position is that the design itself
creates a hardship for the tenant in this space and unanimously supports a waiver to Section
4.6.7(E)(1) to allow the flat wall sign to be in a space adjacent to the business.
Ms. McCarthy asked if there was a specific reason why SPRAB chose to do this
instead of giving them a marquee. In response, Ms. Butler stated SPRAB recommended and
directed where the placement of the signs would go on this building. Ms. Butler stated she
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believes there was a challenge with the location of the marquee and the size that they were going
to be limited to because of the limited amount of setback that they had in front of the property.
Mayor Schmidt declared the public hearing open. There being no one from the
public who wished to address the Commission regarding the appeal, the public hearing was
closed.
Mrs. Archer moved to approve the waiver request to Section 4.6.7(E)(1) based on
the findings and recommendation of the Site Plan Review and Appearance Board, 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.
9oBo
APPEAL OF HISTORIC PRESERVATION BOARD DECISION
{MANAGEMENT SYSTEMS): Consider an appeal of a decision of the Historic Preservation
Board's action regarding Management Systems located at the southwest corner of NE 1st Avenue
and NE 2nd Street, Old School Square Historic Arts District. Quasi-Judicial Hearing
The applicant has requested that this item be postponed to a date certain of May 7,
2002.
9.C. REQUEST FOR IN-LIEU PARKING SPACES/ANTIQUE EXPERIENCE:
Consider a request by Antique Experience for the purchase of three (3) in-lieu parking spaces in
the amount of $36,000. Antique Experience is located on the southeast corner of East Atlantic
Avenue and SE 5th Avenue.
Paul Dorling, Director of Planning and Zoning, stated the Antique Experience is an
antique retail sales store (bazaar/museum) to be located at 504 East Atlantic Avenue. The
proposal addition of 718 square feet of new non-residential floor area requires three parking
spaces. The applicant is unable to provide the required spaces on site and is requesting the
purchase of three in-lieu parking spaces pursuant to LDR Section 4.6.9(E).
At its meeting of October 23, 2001, the Parking Management Advisory Board
unanimously recommended approval of the applicant's request.
Prior to the vote, Ms. McCarthy asked what kind of museum this will be. In
response, Mr. Dorling explained the museum will contain old military uniforms.
Mr. Perlman moved to approve the request from Antique Experience for the
purchase of three (3) in-lieu parking spaces, 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.
9.D. DOWNTOWN DELRAY BEACH MASTER PLAN: Consider formal action to
adopt the Downtown Delray Beach Master Plan.
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Paul Dorling, Director of Planning and Zoning, stated as part of this item, he and
the following individuals of the Downtown Delray Beach Master Plan Committee would like to
present the community as well as the Commission with the same presentation they provided in
Carmel, California at the "32 International Conference of Making Cities More Livable".
· Lula Butler, Director of Community Improvement
· JeffPerlman, City Commissioner
· Barbara Brown, Former Principal of Village Academy
· Jeff Costello, Principal Planner
· Paul Dorling, Director of Planning and Zoning
· Chuck Ridley, Co-Chair of the Steering Committee
In 2000, the City partnered with the CRA and the Village Foundation, (formerly
MAD DADS), and the John D. and Catherine T. MacArthur Foundation for the completion of a
Downtown Business District Plan to address development and redevelopment issues within the
City's core business areas.
The planning process culminated in a community-planning charrette in April,
2001, involving over 200 participants representing a variety of ethnic groups, neighborhoods,
business communities, and property owners. The result has been the development of a
Downtown Master Plan that includes the entire business corridor from 1-95 to Ocean Boulevard
(A-l-A), taking into account the needs and concerns in each area while developing a bond
between the east and the west.
The downtown business area is divided into three districts, the West Atlantic
Neighborhood from Interstate 95 to Swinton Avenue, the Central Core District, from Swinton
Avenue to the Intracoastal Waterway and the Beach District, east of the Intracoastal Waterway to
the beach. The Master Plan includes several general recommendations and a series of proposal
for each of the three districts.
Mr. Levinson asked what mechanism is in place for other things that might be
coming along that may change the intent of some of these recommendations that are beyond the
control of the committee. In response, Mr. Dorling stated there is a general statement in the plan
that this was to be conceptual and individual projects would be addressed on a case per case
basis.
Mrs. Archer stated she is very impressed with the plan and feels the plan is
without question for the good of the City. Mrs. Archer expressed concern over the beach area
and asked by accepting this plan, does this mean that the City will be moving forward and
implementing individual projects as outlined in this plan. Furthermore, Mrs. Archer expressed
concern over potential ramifications there may be if the plan is followed exactly. For instance,
Mrs. Archer stated she feels it is great that Atlantic Avenue be narrowed at the beach, yet there is
a problem with delivery trucks blocking lanes. Mrs. Archer stated this could be a problem that
has to be dealt with before the Commission considers adopting the plan and inquired if there is
any kind of mechanism involved in the plan. In response, Mr. Dorling stated there is flexibility
built into to plan and reiterated that individual areas will be addressed on a case per case basis.
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Ms. McCarthy stated without the push this past fiscal year to have LDR's
updated, etc. she was not certain how this would impact the Master Plan. Ms. McCarthy stated
she now believes that the Master Plan will be used as an instrument while LDR's are updated or
changed. In response, Mr. Dorling explained that this plan will be the guide for those LDR
changes. Ms. McCarthy further continued to state that she is very interested in getting some
bicycle lanes in different locations throughout the City of Delray, particularly along A-1-A. Ms.
McCarthy is not certain this would work considering the narrowing of the street. Mr. Dorling
stated this would be difficult on A-1-A due to the parking along the beach. Mr. Dorling
continued to state that this could be looked into since the plan does not prohibit this.
Ms. McCarthy commented about the proposed widening of the sidewalk so that
there would be room for the tables. Ms. McCarthy stated she is under the impression that there
would just be additional tables on the sidewalk, but that there would still be difficulty for
pedestrians to walk on the sidewalks. Ms. McCarthy stated it appears the more space that is
allowed, the more tables are being spread out. Mr. Dorling stated the Code requires a five foot
clear space and stated with a wider sidewalk it would be easier for one to comply with providing
both. Ms. McCarthy emphasized that the Downtown Delray Beach Master Plan be used as only
a guide.
Mr. Perlman moved to adopt the Downtown Delray Beach Master Plan as
recommended by the Downtown Development Steering Committee, seconded by Ms. McCarthy.
Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0
vote.
At this point, the time being 7:03 p.m., the Commission moved to the duly
advertised Public Hearings portion of the agenda.
10.
PUBLIC HEARINGS:
10.A. RESOLUTION NO. 26-02: Approve Resolution No. 26-02 adopting the final
assessment roll, Royal Palm Boulevard Special Assessment District. Prior to consideration of
passage of this resolution, a public hearing has been scheduled to be held at this time.
The City Manager presented Resolution No. 26-02:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE
CERTIFICATION AND ADOPTION OF THE FINAL
ASSESSMENT ROLL FOR THE ROYAL PALM BOULEVARD
SPECIAL ASSESSMENT DISTRICT TO INCLUDE THOSE
PROPERTIES BORDERING ON ROYAL PALM BOULEVARD
EAST OF FEDERAL HIGHWAY, AS MORE FULLY
DESCRIBED HEREIN; PROVIDING FOR THE ASSESSMENT
AMOUNT TO EACH PROPERTY; PROVIDING FOR THE
METHOD OF PAYMENT OF THE SPECIAL ASSESSMENT;
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PROVIDING AN EFFECTIVE DATE.
(The official copy of Resolution No. 26-02 is on file in the City Clerk's office.)
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.
The City Attorney explained this is a resolution adopting the final assessment roll
for the Royal Palm Boulevard Special Assessment District.
Mayor Schmidt declared the public hearing open. There being no one who
wished to address the Commission regarding Resolution No. 26-02, the public hearing was
closed.
Mrs. Archer moved to adopt Resolution No. 26-02, seconded by Ms. McCarthy.
Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes;
Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0
vote.
At this point, the Commission moved to Item 11.B., Comments and Inquiries on
Non-Agenda Items from the Public.
ll.A.
City Manager's response to prior public comments and inquiries.
With regard to a prior concern regarding the perimeter sidewalk bike path to be
developed around The Estuary development project, the City Manager stated since then there
have been several meetings between the developer and a future project immediately to the west
and north with respect to coordinating this bike path improvement. The City Manager stated the
developer of The Estuary has submitted a letter which indicates their intention to begin
construction on the bike path from North Lake Avenue to Palm Trail in mid-May. Furthermore,
the balance of the system from North Lake Avenue to the north may be re-routed in connection
with the new development to the west (Palm Grove Village) which is currently under
construction. The City Manager stated the City is actively involved in trying to finalize this.
Secondly, with regard to a prior concern expressed by Mr. Bennett for the need of
another doggie bag station, the City Manager stated a new station was installed at the north end
of the beach and the trash can was also replaced at the northern most pavilion.
11.B. From the Public.
ll.B.1. Sandy Jamisom 515 N. Swinton Avenue~ commented about the Seacrest/Del Ida
project and expressed concern over people planting vegetation where it grows over the top of
sidewalks. Mr. Jamison stated he has asked Code Enforcement to do something about this and
has not been able to get anything accomplished. He suggested that the City develop a policy in
order to protect the sidewalks so that pedestrians can use them and pointed out that one sidewalk
in particular located on N.E. 6th Street has a problem.
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Secondly, Mr. Jamison expressed concern over the speed bumps in the Del-
Ida/Seacrest neighborhood and commented these speed bumps are marked for 25 mph. Mr.
Jamison stated crossing the speed bumps at this speed is much too fast and feels the speed should
be decreased to 10 mph. Mr. Jamison urged the City to do something about the speed bumps
because he feels it is too severe for someone to cross over them at 25 mph.
With regard to Lake Court, Mr. Jamison stated in an attempt to try and keep the
sidewalks as close to the street as possible, the swale area is not more than two feet. Mr. Jamison
commented that the street is 16 feet wide so if people try to park off the street they end up
parking on top of the sidewalk. Furthermore, Mr. Jamison stated if people park off the sidewalk
and on the pavement, two vehicles side-by-side block Lake Court. Mr. Jamison urged the City to
look at Lake Court and try to find a way to prevent people from accidentally blocking the street.
ll.B.2. Alice Finst~ 707 Place Tavant~ urged the Commission to follow through with Mr.
Levinson's comments about reviewing the Code concerning the number of unrelated people
living in homes. Ms. Finst stated other issues such as excessive cars, cars parked on lawns, and
cars parked in inappropriate places seems to be a reoccurring concern and urged the Commission
to schedule a Workshop Meeting in order to address some of the parking issues.
Secondly, with regard to the construction along Lake Ida Road, Ms. Finst stated a
woman confronted her this morning with her concerns about children not having sidewalks to
walk on. Ms. Finst stated parts of the sidewalks in certain areas are completely gone and where
there are sidewalks the construction vehicles are parking on the sidewalk thus the children have
to walk in the street. Ms. Finst urged the Commission to get this situation under control before
students return to school next week after Spring Break.
ll.B.3. Jim Smith~ 1225 S. Ocean Boulevard~ stated he has attended the last seven
Parking Management Advisory Board Meetings and expressed concern over the proposed multi-
bay meter system. Mr. Smith stated although the system will operate efficiently in a parking lot
environment he does not feel the same is true for Atlantic Avenue. Mr. Smith stated this will be
an inconvenience for people because the way Atlantic Avenue is designed a motorist may have
to walk two blocks out of their way to put money into the machine. Mr. Smith stated the new
meters are programmed to only take "smart cards" versus dollar bills. In addition, Mr. Smith
stated signs will clutter Atlantic Avenue because the signs will be posted to inform people where
the meters are located. Mr. Smith urged the Commission to install traditional meters versus the
multi-bay meters along Atlantic Avenue and feels when the technology has improved and the
costs go down, then the City could take another look at the multi-bay meters. Mr. Smith stated
now is not the time for the multi-bay system and feels Atlantic Avenue is not the place.
ll.B.4. Jennifer Wood~ 120 N. Ocean Boulevard~ expressed concern over the sea grape
trees that have been cut down along North Ocean Boulevard. Ms. Wood stated the sea grapes
have been cut to approximately 3 feet and stated part of the reason for the sea grape trees is to
help protect the turtles during turtle nesting season which began March 1st. Ms. Wood
commented another purpose for the sea grapes is to help shade the light coming from the homes
across the ocean and to help deter the sea turtles away from the traffic along A-1-A. Ms. Wood
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stated because the sea grapes are cut so low, she feels the sea turtles are in jeopardy because of
the light exposure from the street. Ms. Wood stated Delray Beach feels the sea grape leaves add
to the elegance of Delray Beach and urged the Commission to keep more of the greenery along
the A-1-A area.
At this point, the time being 7:15 p.m., the Commission moved to Item 9.E. of the
Regular Agenda.
9.E. CHANGE ORDER NO. 1/MEGAN SOUTH, INC: Consider approval of
Change Order No. 1 in the amount of $97,212.82 to Megan South, Inc. for the West Atlantic
Avenue Beautification Phase One (1) Project. Funding is available from 370-3162-541-65.49
(West Atlantic Beautification).
Dick Hasko, Director of Environmental Services, stated this is a request for
Change Order #1 to Megan South, Inc. for the West Atlantic Avenue Beautification Project,
Phase I. Mr. Hasko stated the change order has to do with unforeseen conditions and when the
City went into the underground construction staff had to make adjustments in the drainage to
avoid utility conflicts. In addition, Mr. Hasko stated there were issues with conduits and some
conflicts between Palm Beach County requirements and FPL requirements. Also, Mr. Hasko
stated there were some issues with the new street lights.
The project was substantially complete on February 15, 2002. The contract time
has been suspended from this date until FPL removes the light poles.
With regard to some of the revisions from FDOT and Palm Beach County, Mr.
Perlman asked if something was overlooked or missed by the contractor. In response, Mr. Hasko
stated some of the issues were not on the original engineering plans. Mr. Hasko explained that
the contractor will have to come back and do restoration and reconstruction on the paver block
areas where the concrete poles will be coming down. Therefore, Mr. Hasko anticipates that the
contractor will have a close-out change order.
Mr. Levinson moved to approve Change Order No. 1 in the amount $97,212.82 to
Megan South, Inc. for the West Atlantic Avenue Beautification Phase One Project, seconded by
Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor
Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion
passed with a 5 to 0 vote.
9.F. PROPOSAL FOR SETTLEMENT/RAILS v. CITY OF DELRAY
BEACH/TACO BELL: Consider acceptance of proposal for settlement subject to the receipt of
appropriate releases in the Rails v. City of Delray Beach/Taco Bell case. Staff recommends
acceptance.
The City Attorney stated staff recommends approval of the settlement in the
amount of $12,500.
Mr. Perlman moved to approve the proposal for settlement subject to the receipt
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of appropriate releases, 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.G. RATIFICATION OF APPOINTMENTS TO THE KIDS AND COPS
COMMITTEE: Ratify various appointments to the Kids and Cops Committee for a two year
term ending November 30, 2003.
Mr. Perlman moved to approve the ratification of appointments to the Kids and
Cops Committee for a two year term ending November 30, 2003, 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 $chmidt - Yes. Said motion passed with a 5 to 0
vote.
9.H. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1)
regular member to the Board of Adjustment for an unexpired term ending August 31, 2002.
Based upon the rotation system, the appointment will be made by Commissioner McCarthy (Seat
#4).
Ms. McCarthy moved to appoint Stanley Warshaw as a regular member to the
Board of Adjustment for an unexpired term ending August 31, 2002, seconded by Mr. Perlman.
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.
9oio
APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint
one (1) regular member to the Historic Preservation Board for an unexpired term ending August
31, 2002. Based upon the rotation system, the appointment will be made by Commissioner
Perlman (Seat #1).
Mr. Perlman moved to appoint James C. Keavney (architect) as a regular member
to the Historic Preservation Board for an unexpired term ending August 31, 2002, seconded by
Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion
passed with a 5 to 0 vote.
9.J. GLORY AWARDS/COMMUNITY NEIGHBORHOOD HELPING, INC.:
Consider approval of the request for the City of Delray Beach to front funds up to $10,000 for
the Community Neighborhood Helping, Inc. Glory Awards to be held May 11, 2002 with
reimbursement from Palm Beach County Commissioner Addie L. Greene.
The City Manager stated this is a request from Palm Beach County Commissioner
Addie L. Greene indicating that she should have funding available in October 2002. The event is
scheduled for May 11, 2002 and Ms. Greene is requesting that the City would make the funds
available with reimbursement from the County.
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Ms. McCarthy stated she would like to confirm she spoke to Gladys Whigham,
Administrative Assistant (heads the Delray Beach office for Palm Beach County Commissioner
Addie L. Greene) who has confirmed that the money is in the budget. In addition, Ms. McCarthy
stated she also spoke to Michelle Andrewin, Senior Administrative Assistant and commented she
would like to see this moved forward.
Ms. McCarthy moved to approve the request for the City of Delray Beach to front
funds up to $10,000 for the Community Neighborhood Helping, Inc. Glory Awards to be held
May 11, 2002 with reimbursement from Palm Beach County Commissioner Addie L. Greene,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy -
Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
At this point, the time being 7:25 p.m., the Commission moved to Item 12, First
Readings.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 12-02: An ordinance amending the historic designation
adopted by Ordinance No. 70-89 "Fontaine Fox House" historic site located on the east and west
sides of Ocean Boulevard, south of George Bush Boulevard (610 and 615 North Ocean
Boulevard). If passed, a public hearing will be scheduled for April 2, 2002.
The City Manager presented Ordinance No. 12-02(A):
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE
NO. 70-89 THAT PROVIDED FOR THE HISTORIC
DESIGNATION OF THE FONTAINE FOX HOUSE;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 12-02(A) is on file in the City Clerk's office.)
The City Manager presented Ordinance No. 12-02(B):
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE
NO. 70-89 THAT PROVIDED FOR THE HISTORIC
DESIGNATION OF THE FONTAINE FOX HOUSE;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 12-02(B) is on file in the City Clerk's office.)
The City Manager presented Ordinance No. 12-02(C):
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE
NO. 70-89 THAT PROVIDED FOR THE HISTORIC
DESIGNATION OF THE FONTAINE FOX HOUSE;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 12-02(C) is on file in the City Clerk's office.)
The City Attorney explained that although all three captions have identical
wording, in accordance with Florida Statutes it is required that she read all three captions for
Ordinance No. 12-02(A), 12-02(B), and 12-02(C). The City Attorney stated these ordinances are
before the Commission for first reading with a quasi-judicial and public hearing scheduled for
April 2, 2002.
Paul Dorling, Director of Planning and Zoning, stated the Fontaine Fox
designation contains approximately 2.5 acres and consists of Lots 1-3 of the Ocean Apple Estates
and the south ten feet of Lot 3 of the Palm Shores Acres Plat. The house is a 1,184 square foot
Cape Cod cottage which was built in 1936 and designed by architect John Volk.
The applicant proposes the amendment of Ordinance 70-89 in order to remove the
historic designation from Lot 3, Ocean Apple Estates plat and a portion of Lot 2 and alter the
previous density restriction to allow Lot 3 and a portion of Lot 2 to be subdivided into a total of
four separate parcels.
At its meeting of March 6, 2002, the Historic Preservation Board held a public
hearing in conjunction with the request. There were no public comments in favor of the
proposed amendment. Upon reviewing the staff report and discussing the proposal, a motion to
approve as recommended in the staff report failed (3-3). After further discussion, the Board
recommended approval of the amendment 6-0, subject to the conditions listed in the Planning
and Zoning Staff Report.
Ms. McCarthy asked what the difference will be in the lot sizes from the lots that
are being proposed (Lots 1 & 2) versus Lots 1, 2 & 3. In response, Mr. Dorling stated for this
particular case, these specifics have not been worked out.
Ms. McCarthy asked what the minimum lot size is in the beach area. In response,
Mr. Dorling stated in this zoning district the minimum lot size is 12,500 square feet. Ms.
McCarthy inquired about the lot size with regard to frontage and depth. Mr. Dorling stated the
original proposal from the applicant was four lots with the width being approximately 100 feet x
126 feet.
Further discussion followed between staff and Commissioner McCarthy.
For the benefit of the public, Mayor Schmidt reiterated that there will be a quasi-
judicial hearing on April 2, 2002, and the public will have the opportunity to give testimony. At
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that time, Mayor Schmidt stated there will be one hearing on all three ordinances and at that time
there will be a vote on all three ordinances.
Mr. Levinson moved to approve Ordinance No. 12-02(A) on FIRST Reading,
seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt -
Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said
motion passed with a 5 to 0 vote.
Ms. McCarthy moved to approve Ordinance No. 12-02(B) on FIRST Reading,
seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes;
Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said
motion passed with a 5 to 0 vote.
Mr. Perlman moved to approve Ordinance No. 12-02(C) 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.
For the benefit of the public, Mayor Schmidt reiterated that there will be a quasi-
judicial hearing on April 2, 2002, and the public will have the opportunity to give testimony.
There will be one hearing on all three ordinances and a vote on all three ordinances at that time.
12.B. ORDINANCE NO. 11-02: An ordinance rezoning from RT (Resort Tourism) to
PC (Planned Commercial) for a 2.067 acre parcel of vacant land located at the southwest corner
of SE 5th Avenue and SE l0th Street for a proposed Washington Mutual Bank and other
commercial uses. If passed, a public hearing will be scheduled for April 2, 2002.
The City Manager presented Ordinance No. 11-02:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING AND PLACING
LAND PRESENTLY ZONED RT (RESORT TOURISM)
DISTRICT TO PC (PLANNED COMMERCIAL) DISTRICT;
SAID LAND BEING A PARCEL OF LAND LOCATED ON THE
SOUTHWEST CORNER OF SOUTHEAST 5TM AVENUE AND
SOUTHEAST l0TM STREET, 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. 11-02 is on file in the City Clerk's office.)
The City Attorney read the caption of Ordinance No. 11-02.
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Paul Dorling, Director of Planning and Zoning, stated the proposal is to change
the zoning designation from RT (Resort Tourism) to PC (Planned Commercial) to establish a
new financial institution out of Washington Mutual which will be relocated from its downtown
facility located on S.E. 5th Avenue.
At its meeting of February 25, 2002, the Planning and Zoning Board held a public
hearing in conjunction with the rezoning request. After reviewing the staff report, considering
the testimony, and discussing the proposal, the Board voted 6-0 to recommend approval, based
upon positive findings with respect to 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.
Mr. Perlman moved to approve Ordinance No. 11-02 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson -
Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said
motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 13, Comments and Inquiries on
Non-Agenda Items.
13.
Comments and Inquiries on Non-Agenda Items.
13.A. City Manager.
The City Manager stated the League of Cities has been working with Palm Beach
County and Palm Beach County has been working on three ordinances regarding vegetation.
The City Manager stated one ordinance is primarily administrative. Another ordinance has a list
of nine species (includes Melaleuca and Brazilian Pepper) that have to be removed county-wide
by a date certain. The City Manager explained this would be a county-wide ordinance whereas
giving municipalities the option to opt out if they so desire. The City Manager stated the time
frame for removal of the Melaleuca trees is 2006 and the time frame for Australian Pine is 2010.
The other ordinance is a list of 101 species that will be become illegal to propagate, sell, or do
anything with in Palm Beach County. The County is adopting an abandoned vessel ordinance
and explained that this ordinance also has an "opt out" provision. The City will be getting
updated versions of the ordinances and staff will review them further.
13.B. City Attorney.
With regard to the Citrus Canker issue, the City Attorney stated there is
legislation that has passed and been signed by the Governor that affectively moots out the
previous challenge to the rule. The City Attorney stated there was an allegation that the
Department of Agriculture made a rule without going through the rule making process. Now
there is new legislation that defines exposed trees as those within 1900 feet of an affected tree
which also provides for county-wide search warrants. The City Attorney stated she has been in
contact with Drew Myers, Assistant County Attorney for Broward County, who informed the
City that Broward County's Attorney's office has been authorized by the Broward County
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Commissioner to litigate whether the new Statute is constitutional ( 8-0 vote). The City Attorney
stated there are numerous other cities considering this. The City Attorney asked for direction
from the Commission whether or not they would like to give staff authorization to participate
and noted that the City can limit its participation. The split for Miami-Dade County is 20% of
the costs, Broward County 20%, and the six cities involved to pay 10%, but it could be less.
It was the consensus of the Commission to examine this and bring back for a
formal vote on April 2, 2002.
13.C.
13.C.1.
City Commission.
Commissioner Archer
Mrs. Archer commented about Ms. Wood's concern about the sea grapes being
cut. Mrs. Archer stated she was contacted by an individual who was concerned that the sea
grapes at the south end of the beach were not cut.
Secondly, Mrs. Archer thanked everyone who voted on March 12, 2002,
especially those who voted for her and feels this was a real show of community support.
13.C.2.
Commissioner Perlman
Mr. Perlman commented about the St. Patrick's Day Parade and stated it was a
great event. However, Mr. Perlman stated there needs to be more trash receptacles so that people
can dispose of trash. In addition, he stated that "silly string" was all over the place and inquired
as to whether the City could control the vendors from selling it or place a ban on it.
Secondly, Mr. Perlman stated his father is a graduate of the CERT Program and
stated he was reading a newsletter that the Fire Department produces and commended them for
it. Mr. Perlman stated the newsletter has very informative information regarding public safety
and hurricane preparedness.
the Year".
Mr. Perlman congratulated the beach patrol for being named the "Beach Patrol of
Also, Mr. Perlman congratulated Detective John Young from the Police
Department who was a finalist in the Palm Beach Post Law Enforcement Officer of the Year
Program. Mr. Perlman stated this is an extremely competitive and prestigious program that
recognizes Police officers throughout the Treasure Coast and Palm Beach County.
13.C.3. Mayor Schmidt
Mayor Schmidt had no comments or inquiries on non-agenda items.
13.C.4.
Commissioner McCarthy
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3/19/02
Ms. McCarthy stated she will not be here for the April 9, 2002 Workshop Meeting
because she will be attending a seminar in Portland, Oregon.
Ms. McCarthy stated that she, Commissioner Levinson, and Commissioner
Archer had the opportunity to actually go out to the barge that is dredging and replenishing the
sands for the beach and commented that it was a phenomenal experience. Ms. McCarthy stated
the crew is from New Orleans and commented the lunch was fabulous. Ms. McCarthy stated it
takes about 20 minutes for the sand from the bottom of the ocean to get to the shore.
Ms. McCarthy stated she attended a dedication at the Village Academy and
commented that it was beautiful and extremely well done. Furthermore, Ms. McCarthy
commended the Village Academy and stated this was a wonderful vision that has become a
reality.
Lastly, Ms. McCarthy stated there is concern in the community as to why the pool
at Pompey Park is opening after 3:00 p.m. on Saturdays and not opening at 12:00 noon. Ms.
McCarthy commented that people in the community informed her that they were not aware of
the change and that they would much rather see the children at Pompey Park versus venturing
over to Lake Ida which could be potentially dangerous.
13.C.5.
Commissioner Levinson
Mr. Levinson stated he too enjoyed the trip to the barge. Mr. Levinson stated in
talking to the Bean Stuyvesant people on the dredge, he was informed of how pleased they were
with the cooperation they received from the beach patrol for the Beach Renourishment. Mr.
Levinson requested that they put their comments in writing and thus read the letter into the
record (attached is a copy hereto and made an official part of the minutes).
the barge.
Mr. Levinson thanked Dan Marfino, Principal Planner, who organized the trip to
at 8:00 p.m.
There being no further business, Mayor Schmidt declared the meeting adjourned
City Clerk
ATTEST:
MAYOR
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3/19/02
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Regular City Commission Meeting held on March 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.
-20-
3/19/02
Ms. McCarthy stated she will not be here for the April 9, 2002 Workshop Meeting
because she will be attending a seminar in Portland, Oregon.
Ms. McCarthy stated that she, Commissioner Levinson, and Commissioner
Archer had the opportunity to actually go out to the barge that is dredging and replenishing the
sands for the beach and commented that it was a phenomenal experience. Ms. McCarthy stated
the crew is from New Orleans and commented the lunch was fabulous. Ms. McCarthy stated it
takes about 20 minutes for the sand from the bottom of the ocean to get to the shore.
Ms. McCarthy stated she attended a dedication at the Village Academy and
commented that it was beautiful and extremely well done. Furthermore, Ms. McCarthy
commended the Village Academy and stated this was a wonderful vision that has become a
reality.
Lastly, Ms. McCarthy stated there is concem in the community as to why the pool
at Pompey Park is opening after 3:00 p.m. on Saturdays and not opening at 12:00 noon. Ms.
McCarthy commented that people in the community informed her that they were not aware of
the change and that they would much rather see the children at Pompey Park versus venturing
over to Lake Ida which could be potentially dangerous.
13.C.$.
Commissioner Levinson
Mr. Levinson stated he too enjoyed the trip to the barge. Mr. Levinson stated in
talking to the Bean Stuyvesant people on the dredge, he was informed of how pleased they were
with the cooperation they received from the beach patrol for the Beach Renourishment. Mr.
Levinson requested that they put their comments in writing and thus read the letter into the
record (attached is a copy hereto and made an official part of the minutes).
the barge.
Mr. Levinson thanked Dan Marfino, Principal Planner, who organized the trip to
There being no further business, Mayor Schmidt declared the meeting adjourned
at 8:00 p.m.
City Clerk
ATTEST:
MAYOR
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3/19/02
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Regular City Commission Meeting held on March 19,
20~: w~ch Minutes were formally approved and adopted by the City Commission on
City Clerk
NOTE TO REAl)ER:
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.
-20-
3/19/02