04-02-02APRIL 2~ 2002
A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was
called to order by Mayor David W. Schmidt in the Commission Chambers at City Hall at 6:00 p.m.,
Tuesday, April 2, 2002.
1. Roll call showed:
Present -
Commissioner Patricia Archer
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Commissioner Jeff Perlman
Mayor David W. Schmidt
Absent -
None
Also present were -
City Manager David T. Harden
Assistant City Manager Robert A. Barcinski
City Attorney Susan A. Ruby
City Clerk Barbara Garito
2. The
Church.
opening prayer was delivered by Pastor Ryan Price
with West Park Baptist
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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 the addition of Item 8.Q.4., Award of Bids and Contracts to
the Consent Agenda by addendum.
Also, Mayor Schmidt stated he has received a request to postpone the reading of the
National Bike Month Proclamation to the Regular City Commission Meeting of April 16, 2002.
Mr. Levinson requested that Item 8.K., Selection of Implementation
Committee/Downtown Delra¥ Beach Master Plan be pulled from the Consent Agenda and moved
to the Regular Agenda as Item 9.A.A.
Mr. Perlman requested that Item 8.H., FEC Railway Agreement be pulled from the
Consent Agenda and moved to the Regular Agenda as Item 9.A.A.A.
Dan Marfino, Principal Planner, requested that Item 8.E., Resolution No. 30-02, be
pulled from the Consent Agenda and moved to the Regular Agenda as Item 9.A.A.A.A.
Mr. Levinson moved to approve the Agenda as amended, 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.
APPROVAL OF MINUTES:
Mr. Perlman moved to approve the Minutes of the Special Meeting of March 13, 2002,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion
passed with a 5 to 0 vote.
Mr. Perlman moved to approve the Minutes of the Regular Meeting of March 19,
2002, 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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PROCLAMATIONS:
6oAo
Recognizing and commending Jonathan Arehart
Mayor Schmidt read and presented a proclamation hereby recognizing and
commending JONATHAN AREHART for his immediate and appropriate action in an emergency.
Mayor Schmidt stated Mr. Arehart's willingness to learn how to use the AED and respond to an
emergency exemplifies the highest and best in the human spirit.
Kerry Koen, Fire Chief, thanked Jonathan Arehart for his immediate and appropriate
action in an emergency situation in which he saved a life.
6°8°
Commending multiple medal winners - Delra¥ Beach 2002 Senior Games
Mayor Schmidt read and presented a proclamation hereby proclaiming that Helen
Allen, Kevin Doyle, Jack Fine, Robert Fine, Larry Fleischman, Joel Fox, Dr. Herbert Furash,
Loring E. Holmes, Benjamin Jimenez, Marshall Johnson, Justin Langsner, Lloyd Long, James
McGinnis, Ed Noble, Martin Quinn, Ed Rangel, Robert Spaulding, Yvonne Tasker-Rothenberg
and Don Zaccardo be commended for their many triumphs in this competition, and for their spirit
and enthusiasm.
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Proclaiming April 10, 2002 as Arbor Day
Mayor Schmidt noted a proclamation hereby proclaiming Wednesday, April 10, 2002,
as ARBOR DAY and urged all citizens, schools, and organizations in the community to join in
realizing the value and need for trees and to plant a ceremonial tree on this date.
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04/02/02
6.D. Proclaiming April 2002 as Fair Housing Month
Mayor Schmidt read and presented a proclamation hereby proclaiming April 2002 as
Fair Housing Month in the City of Delray Beach, Florida, and urged all citizens to join the efforts to
reaffirm fair housing opportunities for all people.
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Proclaiming May 2002 as National Bike Month
Mayor Schmidt noted that he received a request from Mr. Jim Smith that this
proclamation be postponed and presented at the Regular City Commission Meeting of April 16, 2002.
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PRESENTATIONS:
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International Tennis Championships - Host Site Sponsorship Trophy
Mark S. Barom Tournament Director~ presented Mayor Schmidt with a trophy for
being the host site sponsor. Mr. Baron stated this year is the City's fourth year and the event was a
great success. Mr. Baron stated the event was televised for both semi-finals and finals in 91 countries
around the world.
7ogo
Home Front Security Volunteer Program - Officer Skip Brown
Officer Skip Browm /Volunteer Program~ thanked the Commission for allowing
him to present the six members of the Home Front Security Volunteer Program. Mr. Brown stated
patriotism and national security has hit an all time high in this country and as a result of September
11th, the flag waving and the support from the armed forces rivaled out the World War I! era. Mr.
Brown stated in an effort to insure a higher level of security for the residents of the City of Delray
Beach as well as all Americans who visit, the Delray Beach Police Department has started a new
volunteer program called "Home Front Security". This program is designed to supplement the law
enforcement efforts at governmental sites throughout the City.
Program:
Officer Skip Brown introduced the following six members of the Home Front Security
· Robert Banquer
· Frank Andreiuolo
· Charlie Goldberg
· Jim Morissy
· Leo Freeman
· Gordon Stanley
· Warren Beer
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CONSENT AGENDA: City Manager Recommends Approval.
8.A. CITY OF DELRAY BEACH/DELRAY BEACH HOUSING AUTHORITY
FUNDING AGREEMENT: Approve an agreement for funding and acceptance of funds between
the City of Delray Beach and Delray Beach Housing Authority for a period April 1, 2002 through
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04/02/02
September 30, 2002. The Delray Beach Housing Authority will implement and administer the
SEEDTECH Technology Center at the Carver Estates Housing Complex.
8ogo
CITY OF DELRAY BEACH/COMMUNITY REDEVELOPMENT
AGENCY/ENTERPRISE NATIONAL BANK SUBSIDIZED LOAN AGREEMENT: Approve a
subsidized loan agreement between the City of Delray Beach, Community Redevelopment Agency
(CRA), and Enterprise National Bank regarding assistance with certain residential and business
improvements.
8.C. ELITE PROTECTION SERVICES AGREEMENT: Approve an agreement
between the City of Delray Beach and Security Services of America, LLC. (Elite Protection Services)
for the purpose of establishing Advanced Life Support "first responder" services and dispatch
emergency medical assistance protocols solely for Delaire Country Club Community.
8.D. RESOLUTION NO. 29-02: Approve Resolution No. 29-02 vacating and abandoning
a portion of Dixie Highway located approximately 740 feet south of Gulf Stream Boulevard and
accept a right-of-way deed of the east 10 feet of Lots 13 and 14, plat of Delray Beach Estates.
The caption of Resolution No. 29-02 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
PORTION OF DIXIE HIGHWAY RIGHT-OF-WAY (ROW)
LOCATED APPROXIMATELY 740 FEET SOUTH OF GULF
STREAM BOULEVARD, AS MORE PARTICULARLY
DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO
THE CITY A UTILITY EASEMENT OVER THE ENTIRE AREA
THEREOF, AS MORE PARTICULARLY DESCRIBED HEREIN.
(The official copy of Resolution 29-02 is on file in the City Clerk's office.)
8oto
THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM
9.A.A.A.A.
8.F. RESOLUTION NO. 31-02: Approve Resolution No. 31-02 vacating and abandoning
a portion of the sixty (60) feet canal right-of-way, located north of and adjacent to Lot 1, Lake Eden
Subdivision Plat No. 3.
The caption of Resolution No. 31-02 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
PORTION OF THE 60' CANAL RIGHT-OF-WAY (ROW) LYING
NORTH OF AND ADJACENT TO LOT 1, LAKE EDEN
SUBDIVISION PLAT NO. 3, AS MORE PARTICULARLY
DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO
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THE CITY A UTILITY EASEMENT OVER A PORTION OF THE
AREA THEREOF, AS MORE PARTICULARLY DESCRIBED
(The official copy of Resolution No. 31-02 is on file in the City Clerk's office.)
8.G. HOUSE OF GOD/OFFSITE PARKING AGREEMENT: Approve the agreement
between the City of Delray Beach and the House of God Church which allows the Church to utilize
twenty-one (21) parking spaces located on City property during the time periods that City Hall is
closed to provide proper parking for the church's patrons.
8.H.
THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM
9.A.A.A.
8.1. FUTBOL MASTERS, INC./LICENSE AGREEMENT: Approve a license
agreement between the City of Delray Beach and Futbol Masters, Inc. for the use of the Tennis
Center and other City facilities for a Pro Celebrity Soccer Classic to be held on January 10-12, 2003.
8.J. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve fund
subsidies for two (2) eligible applicants/families in the amount of $37,125.00 for NW 11th Avenue
and NW 13th Avenue. This brings the number to 137 homeowners assisted under the Renaissance
Program. Funding is available from 118-1924-554-83.01 (SHIP Program).
8.K.
THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM
9.A.A.
8.L. SPECIAL EVENT REQUEST/CINCO DE MAYO FIESTA: Approve a special
event request to allow the Cinco De Mayo Fiesta to be held Saturday, May 4, 2002, from 11:00 a.m.
until 10:00 p.m. at Old School Square, granting a temporary use permit per LDR Section 2.4.6(H) for
the closure of NE 1st Avenue on the north side of the grounds of Old School Square to the loading
gate area, and staff support for security, trash removal, and waiver of City overtime costs.
8.M. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Approve a
special event request and endorse the Art & Jazz on the Avenue scheduled for May 9, 2002 from 6:00
p.m. to 10:00 p.m., granting a temporary use permit per LDR Section 2.4.6(H) for the closure of
Atlantic Avenue from Swinton to NE 7th Avenue, the south side of Atlantic Avenue from NE 7th
Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic Avenue to NE 1 st Street, NE
2nd Avenue from Atlantic Avenue to NE 2nd Street, and to authorize staff support for security and
traffic control, banner hanging and removal, barricade set-up and removal, trash removal and clean
up, and use/set-up of City stages.
8.N. SPECIAL EVENT REQUEST/5TH ANNUAL DOWNTOWN DELRAY
CRAFT FESTIVAL: Approve a special event request for the 5TM Annual Downtown Delray Craft
Festival sponsored by Howard Alan Events, Ltd. to be held May 25 and May 26, 2002, granting a
temporary use permit per LDR Section 2.4.6(H) for use of City right-of-way on Pineapple Grove
Way from the north side of NE 1st Street to the south side of NE 3rd Street, and to authorize staff
support for security and traffic control.
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8.0. SPECIAL EVENT REQUEST/HOT AIR BALLOON GLOW AND BALLOON
RACE: Consider approval of a Hot Air Balloon Glow to be held on May 17, 2002, and Hot Air
Balloon Race to be held on May 18 and May 19, 2002 at Lake Ida Park, granting a temporary use
permit per LDR Section 2.4.6(H) for the closure of Atlantic Avenue on May 17, 2002 from A1A to
Andrews between 3:00 p.m. and 11:00 p.m., and staff support for security and traffic control,
barricading, and signage preparation/set up, stage set up/take down, and trash removal for this event.
8oPo
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period March 18,
2002 through March 29, 2002.
8.Q.
AWARD OF BIDS AND CONTRACTS:
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Purchase award to R&S Integrated Products and Services, Inc. in the amount of
$48,567 for the purchase of a LaserFiche Document Imaging System under
State Negotiated Agreement Price Schedule (SNAPS) Contract No. 2502011-2,
and purchase of supporting hardware in the amount of $34,688 from various
vendors. Funding is available from 334-6112-519-64.12 (Office Equipment).
Bid award to Cornerstone Businesses, Inc. in the total amount of $357,510.00
for directional drilling a sixteen (16") force-main under the Intracoastal
Waterway and an eight (8") water-main connection between the Sabal Lakes
development and the Lake Forest development ($272,510.00) and an "alternate
A", the installation of an eight (8") conduit for Florida Teleport under separate
agreement ($85,000.00). Funding is available from 441-5181-536-63.74 for
$217,510.00 (Intracoastal Sewer Crossing), 441-5181-536-65.21 for
$55,000.00 (Davis Road/Lone Pine), and 441-5161-536-69.23 for $85,000.00
(Florida Teleport Intracoastal Crossing).
Lease award to AXSA Document Solutions in the amount of $32,976.00 (total
award) for a color copier. Funding is available from 001-2911-519-44.30
(General Fund/Equipment) and 448-5411-538-44.30 (Stormwater Utility
Fund/Equipment).
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Lease award to PMI Imaging Systems of Florida, Inc. in the amount of
$16,297.92 (Four (4) year lease) via the State of Florida SNAPS Agreement
#25002202-2 for the upgrade of the Canofile Cannon DR-3020 Scanner (Police
Mug System Scanner). Funding is available from 001-2113-521-44.30 (Lease
Equipment).
Mrs. Archer moved to approve the Consent Agenda as amended, seconded by Mr.
Levinson. 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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04/02/02
9. REGULAR AGENDA:
9.A.A. SELECTION OF
IMPLEMENTATION
COMMITTEE/DOWNTOWN
DELRAY BEACH MASTER PLAN: Approve the membership for the Downtown Delray Beach
Master Plan Implementation Committee. It will be comprised of twenty-one (21) former Steering
Committee members and ten (10) new members representing the affected community.
Mr. Levinson stated he feels it is fairly well documented and demonstrated that he and
possibly others have some difficulty with one of the candidates proposed. For this reason and other
reasons, Mr. Levinson feels it is important to have a Planning and Zoning Board member whose term
does not expire on August 2002 to serve on this Board. Therefore, he would like to recommend Joe
Pike as the Planning and Zoning representative.
Prior to the vote, Mr. Perlman stated he received a letter from the Progressive
Residents of Delray (PROD) questioning this item. Mr. Perlman stated as Co-Chair of this process,
he views the Implementation Committee as really a working group that is going to be writing and
emphasized that this is not a policy making group.
Mr. Levinson moved to approve the acceptance of the recommended membership with
the substitution of Joe Pike for Kevin Warner for the Downtown Delray Beach Master Plan
Implementation Committee, seconded by Mr. Perlman. Upon roll call the Commission voted as
follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes. Said motion passed with a 5 to 0 vote.
9.A.A.A. FEC RAILWAY AGREEMENT: Approve the agreement between the City of
Delray Beach and FEC Railway for the construction and maintenance of the railroad crossing and
crossing signals for NE 4th Street.
Mr. Perlman asked if this is a standard arrangement and inquired as to whether this
happens along the coast with FEC Railway. In response, the City Attorney explained this agreement
is in line with other agreements and attempts to change the policy has been to no avail. In addition,
the City Attorney stated the City has been unsuccessful in getting any changes whatsoever with FEC.
Randal Krejcarek, City Engineer, stated if this item is not approved this evening, the
improvements will not be made. He stated N.E. 4th Street from N.E. 2nd Avenue to N.E. 5th Avenue is
now three lanes. Mr. Krejcarek stated part of this agreement is to increase the width of the crossing
to three lanes to match the new width east and west of this crossing. Mr. Krejcarek stated this is the
final piece of that corridor to make it three lanes.
Mr. Perlman asked Mr. Krejcarek if staff has a cost comparison as to what the City of
Delray Beach is paying as opposed to other cities. In response, Mr. Krejcarek stated there is an
annual maintenance fee which covers the signals and a standard fee based on the number of arms that
are located at the crossing.
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04/02/02
The City Manager stated the annual maintenance is not out of line with the CSX or
other crossings that FEC has.
Mr. Levinson moved to approve the License Agreement between the City and the FEC
Railway, 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.A.A.A.A. RESOLUTION NO. 30-02: Approve Resolution No. 30-02 vacating and abandoning
a portion of SE 7th Avenue right-of-way, lying north of SE 5th Street.
The caption of Resolution No. 30-02 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
PORTION OF SE 7TM AVENUE RIGHT-OF-WAY (ROW), LYING
NORTH OF, AND ADJACENT TO S.E. 5TM STREET, AS MORE
PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND
RETAINING TO THE CITY A UTILITY EASEMENT OVER THE
ENTIRE AREA THEREOF, AS MORE PARTICULARLY
DESCRIBED HEREIN.
(The official copy of Resolution No. 30-02 is on file in the City Clerk's office.)
Paul Dorling, Planning and Zoning Director, stated this is an abandonment of a 20' by
73.68' portion of the S.E. 7th Avenue right-of-way, directly adjacent to Lot 10.3. The request was
submitted by Robert Woodfin, the owner of a 10.3 acre parcel (directly adjacent to the east). Mr.
Woodfin also owns the parcel on the west side of S.E. 7th Avenue.
The Development Services Management Group (DSMG) has considered this
abandonment request in numerous different forms and while researching the request it was identified
through recent construction of a house on Lot 10.2 that it would make it unrealistic to acquire
additional 20-feet of right-of-way. The DSMG supported the abandonment of the east 10-feet rather
than the entire 20-feet as requested, and was not interested in pursuing the right-of-way acquisition on
the west side of S.E. 7th Avenue.
At its meeting of March 18, 2002, the Planning and Zoning Board considered the
request at a public hearing and after lengthy discussion, the Board recommended (4-1) to approve the
abandonment of the east 10-feet of the requested abandonment area, subject to the condition that a
utility easement be retained over the full length and width of the abandonment area.
Beril Kruger, with Plannin~ and Zonin~ Consultants representin~ the petitioner,
gave a brief history with regard to a portion of the S.E. 7th Avenue right-of-way and distributed a list
of figures he obtained from the Property Appraiser's Office.
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04/02/02
Mayor Schmidt agrees with Mr. Kruger about the traffic calming measures that have
been put on S.E. 7th Avenue and looking at what physically exists right now, Mayor Schmidt stated
he would have to agree with Mr. Kruger that it would be easier to get the ten feet as opposed to the
east side. Mayor Schmidt stated he is not sure how much potential there is for redevelopment on the
east side and inquired as to why DSMG felt the east side was better than the west. In response, the
City Manager stated most likely the City will not buy any of this right-of-way and will get it as the
properties are redeveloped. The City Manager stated it is most desirable to have the road line up and
commented that offset creates problems. The City Manager stated some of these problems have been
eliminated and some of them really create problems at the intersection. The City Manager stated that
with regard to waterfront property, it is the linear front frontage which determines the value of the
land and stated this is really irrelevant because the City is not purchasing the property.
Mr. Levinson stated he understands the need to line it up and the values. However,
Mr. Levinson stated he is concerned with the issue of the tree canopy and what structures might exist
that would stay on the east side versus the west side. Furthermore, Mr. Levinson asked if there are
any structures on the west side such as walls, garages, etc. In response, Mr. Dorling stated he is not
aware of any structures on the west side.
Mr. Levinson moved to approve the abandonment of the east 10 feet of S.E. 7th
Avenue and accept the replacement easement set forth in Resolution No. 30-02, seconded by Mrs.
Archer. Upon roll call the Commission voted as follows: Mrs. Archer - No; Mr. Levinson - No; Ms.
McCarthy - No; Mayor Schmidt - No; Mr. Perlman - No. Said motion failed with a 5 to 0 vote.
The City Attorney suggested that the Commission bring back a revised resolution with
a different scenario. The City Manager asked for more specific direction about what to bring back to
the Commission. Mayor Schmidt stated he would like staff to review what was proposed by the
applicant and that they would give the ten feet on the west and look at the west side for the future ten
feet.
Ms. McCarthy asked why this street is being widened after the traffic calming has
been put into place. In response, the City Manager stated twenty feet is not adequate for traffic in
addition to the utilities going in the right-of-way.
9.A.1. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
ACTION/POLLO TROPICAL: Consider an appeal of a decision of the Site Plan Review and
Appearance Board's action relating to the denial of a monument sign as submitted from Pollo
Operations, Inc. d/b/a Pollo Tropical, located at 950 Linton Boulevard. (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. Mayor Schmidt stated he had a meeting with Mr. Weiner who is representing the appellant.
Mr. Perlman, Mrs. Archer, Ms. McCarthy, and Mr. Levinson stated they too have also had contact
with Mr. Weiner.
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04/02/02
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, stated this is an appeal to the
decision made to SPRAB as it relates to a submission by Pollo Tropical for their signage. The
applicant requested approval to use their corporate colors of yellow and white copy on a green and
red background. Ms. Butler explained the applicant is appealing this because they would like to use
their standard corporate sign colors which include white copy on red background for the "Chicken on
the Grill" component. Staff recommends approval of the appeal as made by the agent representing
Pollo Tropical providing for the use of their standard corporate colors for the free-standing sign.
Michael Weiner, speaking on behalf of the applicant Pollo Tropical, stated for the
record he would like to confirm that they are following the standard procedures for a quasi-judicial
hearing. Mr. Weiner stated there were comments made at the SPRAB Meeting regarding the
corporate colors not being allowed. There was lengthy discussion between the applicant and staff and
they have come to the conclusion to propose an alternative sign.
At this point, the City Attorney stated anyone who would like to speak in favor or in
opposition of the appeal, to please step forward at this time.
Deborah D. Dowd, member of the Site Plan Review and Appearance Board,
thanked the applicant for working with SPRAB in terms of coming up with a new sign. With great
respect to Francisco Perez-Azua, Chair for SPRAB, Ms. Dowd stated Mr. Perez can not speak for the
entire Board. Ms. Dowd stated this is not the same sign that came before the Board. Ms. Dowd
stated the Board works very hard at keeping a blanket program. Ms. Dowd explained the sign passed
by SPRAB was a monument sign with two colors (green background and yellow letters) to read
"Pollo Tropical" and the words "Chicken on the Grill" be eliminated. Ms. Dowd stated the words
"Chicken on the Grill" is not eliminated from the sign being presented and she strongly urged the
Commission to take into consideration the vote of the Board.
John Bennett, President of Progressive Residents of Delray (PROD) and speaking
on behalf of the organization, stated the Board was concerned about this as it was initially
configured. Mr. Bennett stated there is the recommendation of one of the City's expert Boards with
volunteers who spend a lot of time on something and then the staff, without any rationale in the
recommendation of staff, stating it should be changed. In this particular hearing, Mr. Bennett stated
that Mr. Weiner referred to the positive recommendation of the staff as being great evidence.
However, Mr. Bennett stated if someone was to review the recommendation, it just states to do it.
Mr. Bennett stated as Ms. Dowd explained since this sign has not been before the Board, he feels
procedurally the sign should go back to the Board for their recommendation.
Alice Finst, 707 Place Tavant, as a regular attendee of SPRAB, Mrs. Finst stated she
is very impressed with how SPRAB goes about their business, how conscientious they are in making
decisions and the amount of time that they concentrate on these types of projects. Mrs. Finst stated
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04/02/02
she is very disappointed that SPRAB's recommendation for the two color sign is now being
challenged. Mrs. Finst stated all businesses should adhere to the City's standards and feels there
should be no exceptions made for Pollo Tropical. Mrs. Finst stated SPRAB made a decision in their
best judgment using their many talents, skills, and professional judgment as to how this sign should
look. Mrs. Finst stated these members were appointed to the Board and she feels to vote against what
was originally presented would be a sign that the Commission no longer trusts them.
There being no one else from the public who wished to address the Commission
regarding the appeal, the public hearing was closed.
Mr. Weiner stated appeals are for the expressed reason of the fact that the ordinances
state the City Commission reserves the right to take a look at what SPRAB does. With respect to
what staff did, Mr. Weiner stated they did not have the opportunity to present this kind of proposal
and this sign. As soon as they heard what had occurred, Mr. Weiner explained that staff did present
approximately six different alternatives. Mr. Weiner stated aesthetically this is the best design. In
accordance with the City's ordinance, Mr. Weiner stated there are better aesthetics, increased traffic
safety, and enables the fair and consistent enforcement of these sign regulations. Mr. Weiner stated it
is in the best interest of the City to move forward and approve this particular sign.
Discussion by the Commission followed.
For the record, Mr. Perlman asked Ms. Butler what is staff's rationale. In response,
Ms. Butler stated because SPRAB allowed for a deviation from the blanket program to consider a
portion of their corporate colors. Ms. Butler stated the sign presented to the Commission this evening
was the sign that was initially presented to SPRAB. Ms. Butler stated she does not feel something
that is done outside of the Board should be brought forward to the Commission.
Mr. Perlman moved to approve the appeal, 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.
Mayor Schmidt stated he supports the motion and certainly appreciates what the
members of SPRAB do. Mayor Schmidt stated he personally feels the compromise that has been
worked out is aesthetically reasonable. Mayor Schmidt stated with regard to a comment expressed by
Mrs. Finst where she stated "that if the Commission does not support SPRAB, the Commission does
not trust them" he feels is absolutely ludicrous.
9.A.2. REQUEST FOR WAIVER/POLLO TROPICAL: Consider a waiver request from
Pollo Operations, Inc. d/b/a Pollo Tropical, located at 950 Linton Boulevard, to LDR Section
4.6.7(G)(7) governing the location of flat wall signs. (Quasi-Judicial Hearing)
The City Attorney stated this waiver will also 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 also noted that anyone who was sworn in previously, is also
considered sworn in for this item.
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04/02/02
The City Attorney asked the Commission to disclose any ex parte contacts they may
have other than Michael Weiner. No ex parte contacts were noted other than what was disclosed
previously.
Lula Butler~ Director of Community Improvement~ stated the sign code provides
that flat wall signs must face dedicated street frontages which mean that the applicant's signs should
be on the Linton Boulevard side and the S.W. l0th Avenue side. Ms. Butler stated the Board has
agreed that there is a hardship and feels this would not set a precedent because of the uniqueness of
where the building is located and the access of the shopping center. Ms. Butler stated staff agrees
with the position of the Board that the flat wall sign on the east elevation should be considered by the
Commission.
Michael Weiner~ representing the applicant~ stated SPRAB recommended that the
applicant receive the waiver and explained that there is no increased amount of signage.
There being no one from the public who wished to address the Commission regarding
the waiver, the public hearing was closed.
Ms. McCarthy commented about the two failed businesses previously at this location
and stated it behooves the City to do things to assist this business so they would have more success.
In addition, Ms. McCarthy stated she is very glad that the sign was turned down and is only sorry that
SPRAB did not have the opportunity to see the update or hear some of the things that were addressed
had actually been addressed.
Mrs. Archer moved to approve the waiver request from Pollo Operations, Inc. d/b/a
Pollo Tropical, seconded by Mr. Levinson. 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.
Prior to the vote, Mr. Levinson stated he feels this is definitely an improvement.
At this point, the time being 7:05 p.m., the Commission moved to the duly advertised
Public Hearings portion of the agenda.
10.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 12-02: An ordinance amending the historic designation adopted
by Ordinance No. 70-89 for the "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). Prior
to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has
been scheduled to be held at this time. (Quasi-Judicial Hearing)
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
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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):
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 read the caption of the ordinances. 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 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.
Mayor Schmidt stated he has had numerous emails which he gave to the City Clerk for
the file. Also, Mayor Schmidt stated he met with Monty Helm and John Walker. Mayor Schmidt
stated he also had telephone calls from Mrs. McFeeley, Helen Thompson, and Mrs. Felt who are all
opposed to any change.
Ms. McCarthy stated she has had numerous emails which she has forwarded to the
City. Ms. McCarthy stated she also had a telephone conversation with Mr. Kelly who stated he
would not be in attendance this evening, and Helen Thompson called her as well.
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Mr. Levinson stated he spoke with Matt Gracey, Monty Helm, and John Bennett by
email, John Kelly, Frank McKinney. He received an email from Nilsa McKinney, spoke to Mrs.
Charles McFeeley, Helen Thompson, and Mrs. Felt and has correspondence and emails from several
others which he will provide to the City Clerk.
Mrs. Archer stated she spoke with Monty Helm, received a call from Helen Thompson
and from Mrs. W. Felt. In addition, Mrs. Archer stated she has numerous emails which she will
provide to the City and received a telephone message from Frank McKinney, however, stated she was
not in a position to return the call and therefore did not speak to him.
Mr. Perlman stated he spoke to Monty Helm, received several emails and noted that he
accidentally deleted one email from a man who lives on Lake Shore Drive and the rest he will
forward to the City Clerk. In addition, Mr. Perlman stated he had a conversation with Frank
McKinney, received email from Nilsa McKinney, and telephone messages from Mrs. McFeeley and
Mrs. Felt.
The City Attorney invited anyone from the public who wishes to address the
Commission regarding the Fontaine Fox House, 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 the Planning and Zoning
project file #2002-101 into the record. In addition, Mr. Dorling stated he would like to enter two
letters into the record. One letter is from the Wilson Group and the other letter is from Elizabeth
Steele Forman.
Mr. Dorling stated the Fontaine Fox historic designation is outlined in Ordinance No.
70-89 and contains 2.5 acres. The existing conditions include a single family home non historic
structure on Lot 1 (east side of Ocean Boulevard). Lot 2 contains a 1,184 square foot Cape Cod
cottage designated historic and constructed in 1936, which was designed by renowned architect John
Volk. Lot 2 also contains three related outbuildings while Lot 3 is currently a wooded lot.
The applicant's request is to remove the historic designation from the area west of the
existing structure. The historic designation would then be modified with respect to the legal
description for which the designation applies along with the density cap placed on the property.
Currently, there is a three unit cap which is placed on the entire property. If the applicant is
successful in modifying the designation, a plat will follow seeking the creation of four 12,500 square
foot lots between Andrews Avenue and the historic site. Mr. Dorling stated the plat will also include
property to the north shown on the Exhibit as Lot 6 and Lot 7. Lot 6 (622 N. Ocean Boulevard)
currently contains a John Volk designed home (not designated) built in approximately 1936 and Lot 7
to the east is currently vacant.
At its meeting of March 6, 2002, the Historic Preservation Board (HPB) held a public
hearing on the request. There were no public comments in favor of the proposed amendment. In
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summary, concerns from the public were that (1) a prior agreement was made to limit development to
one unit on the west, and (2) there would be a bad precedence set for de-listing historic property.
In analyzing the request, staff had concerns with maintaining the historic resource
located on Lot 5. Mr. Dorling stated while it may be appropriate to allow some limited development,
the development should occur under the current historic designation. It is noted that new
development has occurred under the historic designation on the east side of the road in which a
modern new house has been built on the ocean. Mr. Dorling stated with development occurring
under the designation the Historic Preservation Board would have review authority providing
assurances that development immediately adjacent to the historic home would not be overwhelmed
by it nor be incompatible.
Staff' s recommendation includes a reduction in the proposed lot configuration to three
lots versus four (empty/vacant lots). Mr. Dorling stated the provision of a minimum fifty foot buffer
between the Fontaine Fox House and the nearest lot to the west and the placement of the minimum
height restriction on the lots located immediately to the west of the house located at 610/622 North
Ocean Boulevard. The recommendation further included a request that a National Historic Register
designation be sought for the Fontaine Fox Home at 610 North Ocean Boulevard. Also, the parcels to
the north were to be included in the plat, a local register designation was requested on the John Volk
home and similar restriction with respect to a height limit of 28 feet maximum to be placed on any
new construction behind the house located at 622 North Ocean Boulevard. After significant
discussion at the Historic Preservation Board Meeting, there was a motion to support staff's
recommendation which failed on (3-3) vote. There was an alternative motion to include all of staff' s
recommendations except to limit the future development from three lots to two lots which passed on a
(6-0) in favor.
At this time, Mr. Dorling stated he would like to enter into the record some additional
research. Mr. Dorling stated he did have staff take a look at the adjacent homes in the surrounding
subdivisions and their respective square footages.
Mr. Dorling introduced Ellen J. Uguccioni, expert witness and entered her r6sum6 into
the record.
Ellen J. Uguccioni~ employed by Janus Research 146 Madera Avenue~ Coral
Gables~ FL~ stated she is an Architectural Historian with a Masters degree in Art History from the
University of Missouri -Kansas City. Ms. Uguccioni briefly discussed her credentials and discussed
the impacts of the proposed replat on the historic resources which exist. Ms. Uguccioni stated the
four lots directly abutting the Fontaine Fox House in the applicant's proposal will affect the historic
integrity. Ms. Uguccioni quoted the following from the National Register Bulletin. The following
seven qualities constitute historic integrity: "location, design, setting, materials, workmanship,
feeling and association." Ms. Uguccioni stated when the designation was enacted then the present
owners acquired an estate that extended from Andrews Avenue all the way east to the Atlantic Ocean.
Ms. Uguccioni read the following from Section 106 of the Preservation Act which describes what
constitutes an adverse impact: "a change of character of the properties use or physical features within
the property setting that contribute to its historic significance." Ms. Uguccioni stated the loss of the
surrounding landscape of the Fontaine Fox House would indeed constitute an adverse impact. Ms.
Uguccioni stated Section 106 goes on to describe possible solutions to mitigate that adverse impact
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and one successful alternative is that buffers are created between the historic property and the new
development that goes beyond it. Ms. Uguccioni stated she feels it makes a great deal of sense to
designate the property to the north (another John Volk property built around the same timeframe)
because the property qualifies under the terms of the ordinance that requires the property to have
significance and also begins to describe an envelope of protection that has a context. Ms. Uguccioni
stated the Planning and Zoning staff also recommends that the Fontaine Fox House be nominated to
the National Register of Historic Places. Ms. Uguccioni stated the National Register for residential
properties includes a provision that requires a study to be made of any impact that would occur to
historic resources if Federal monies are used for any adjacent project. Ms. Uguccioni stated Chapter
267 of the Florida Statutes states "if any state monies are used for any undertaking, the impact to
those historic resources must also be addressed."
The City Attorney stated the applicant or the applicant's representative may step
forward at this time.
Rebecca Hendersom Attorney for the Law Office at 4800 N. Federal Highway in
Boca Ratom FL and represents Village by the Sea (Frank McKinney)~ briefly described her
credentials. Ms. Henderson stated the applicant has owned this home for quite some time and has
also been instrumental in preserving other homes in the community. Ms. Henderson stated the
applicant is proposing to limit the amount of land subject to the historic designation. Ms. Henderson
continued to state the applicant is not against historic preservation. Ms. Henderson stated the main
question here is whether or not the dirt behind 610 N. Ocean Boulevard is historic and if it is not
historic, she feels it should not be part of the designation process. Ms. Henderson gave a brief
explanation of the configuration of the existing historic site and stated the request is that the amount
of land for the historic designation be reduced. Ms. Henderson stated there is a retaining wall behind
the house at 610 N. Ocean Boulevard where the applicant is proposing the western end of the historic
designation. Ms. Henderson stated there is no evidence found to substantiate why the designation
covered the vacant land behind the retaining wall. Ms. Henderson stated she challenges anyone to
put into the record any evidence that the vacant land behind the retaining wall has any integrity
besides the fact that Fontaine Fox once owned it. Ms. Henderson stated there have been comments
this evening that this house needs to be protected on the National Register (610 North Ocean
Boulevard) and that there is a need that it be listed on the local registry (622 North Ocean Boulevard).
Ms. Henderson stated she feels it is significant because the National Register is the federal law. Ms.
Henderson stated a historic site in the National Register of Historic Places is defined as the location
of a significant event, a prehistoric or historic occupation activity or building or structure whether
standing ruined or vanished where the location itself maintains historical or architectural value
regardless of the value of any existing structure. Ms. Henderson stated they are here looking for
substantial competent evidence to substantiate the fact that the back property is connected and has
integrity. Ms. Henderson stated this is a unique vacant piece of land designated with a historic
structure that should be de-designated. Ms. Henderson stated they have shown that the property itself
does not have any integrity from the back and front, have presented evidence that Fontaine Fox only
used the front part of the house, and that there is no natural setting between the front part of the house
and the back part of the house.
Maria Dumas~ has served as a Planning Director and has been involved in the
maior development within historic districts throughout South Florida~ stated it is very clear that
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from looking at the site from behind 610/622 N. Ocean Boulevard a portion of this land has already
been taken for new development. Ms. Dumas stated there appears to be a great inconsistency if other
land that was part of the same holding would be held back that has no way of tying it to anything
historic. Furthermore, she stated there appears to be an inconsistency in the decision with the Lane
Subdivision and what is being discussed about the property at 610 N. Ocean Boulevard.
Heidi Segal~ Historic Preservation Planner (for the City of Hollywood~ Florida)
and briefly listed her credentials~ stated the integrity has already been compromised with the
construction of a home across A-1-A and feels the 50-foot buffer is somewhat unrealistic. With
regard to the 8-10 foot drop in the backyard, Ms. Segal stated this barrier already exists and that any
new development built at grade on the property would not overshadow nor impact the historic
property and also noted that there is an existing retaining wall on the property.
Ellen J. Uguccioni~ Janus Research~ emphasized that if the property were found not
to be eligible from listing in the National Register it would not affect its local designation.
Paul Dorling~ Director of Planning and Zoning~ stated the applicant made
statements to protecting the integrity of the historic structure. The proposal by the applicant is for
four lots and the east lot line actually includes the retaining wall of the historic structures. Mr.
Dorling stated that in the analysis staff has found that the fourth lot is actually encroaching onto the
historic site. In the proposed fourth lot there is actually a wall easement proposed on private property
to accommodate the retaining wall which is part of the historic structures. Mr. Dorling stated the
ordinance before the Commission, if adopted, would in fact not contain the entire historic resources
on the new designation area.
The following individuals from the public came forward to address the Commission:
JoAnn Peart~ 107 N.W. 9th Street~ stated historic preservation efforts in the 1980's
were the beginning of Delray's "road to recovery". Ms. Peart stated the quaint historic charm and
small town image is still the greatest asset Delray has and feels the City needs to protect what it has.
Ms. Peart stated she feels there are no surprises and no hardships with regard to this matter and urged
the Commission to vote against all three ordinances.
Ann Margo Peart~ 107 N.W. 9th Street~ read a letter into the record dated March 19,
2002 addressed to the Mayor and City Commissioners written by Joyce and Rod Wilson (a copy is
attached hereto and made an official part of the minutes).
Jane King~ Vice-President of Progressive Residents of Delray and speaking on
behalf of the organizatiom stated the original proposal to revise any existing ordinance dating from
1989 should not be passed because to do so, the City would have to approve development that would
be inconsistent with the City's Comprehensive Plan both to its historic preservation and conservation
elements. Secondly, Ms. King stated to delist a portion of the duly designated historic site would set
a disastrous precedent with serious ramifications for historic preservation in the City. Ms. King urged
the Commission to support the version of the amending ordinance.
Kathy Fazio~ 1118 Harbor Drive~ stated she is a neighbor of the applicant and stated
the pictures and the overlays can be confusing. Ms. Fazio urged the Commission to come to the
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property and see what is surrounding it. Ms. Fazio stated her family is now in the fourth generation
of living in the Harbor Drive area and feels strongly that the City protects the area. Ms. Fazio read
the following statement into the record written by her mother Mrs. McFeeley (a copy is attached
hereto and made an official part of the minutes).
John Fazio, 1118 Harbor Drive, read the following letter into the record written by
Monty Helm who was unable to attend this evening and is opposed to changing the historic
designation of the Fontaine Fox House (a copy is attached hereto and made an official part of the
minutes).
Carolyn Patton, 1020 Tamarind Road, stated Fontaine Fox was one of the most
famous men in America in the timeframe of this house being built and was more recognizable maybe
than some movie stars are today to the people of Delray Beach in the 1930's. Ms. Patton stated the
entire Fontaine Fox property that was left was designated as a whole in 1989. Ms. Patton stated she
checked with the National Trust for Historic Preservation, the State Division of Historical Resources,
and City staff and was informed that it is a dangerous idea of delisting any historic property. Ms.
Patton stated there is nothing currently in the City Codes which allows delisting any part of a listed
property anywhere. Furthermore, Ms. Patton urged the Commission to vote against all three
proposals and leave the Fox property as is.
John Kelly, 1227 Harbor Drive, is strongly opposed to the proposal and urged the
Commission to reject any change to Ordinance No. 70-89.
John Bennett, Vice-President of the Beach Property Owners' Association (BPOA)
and speaking on behalf of the organization, urged the Commission to vote against all three
proposed ordinances and expressed concern that the applicant is attempting to misdirect the
Commission. Mr. Bennett feels this has nothing to do with private property rights, it is not about
denying them the right to petition or ask for the change, and it is not about dirt. Mr. Bennett stated it
is not the City's burden to establish that this is a historic site, but is the applicant's version to
establish that their request is consistent with the City's Comprehensive Plan. In summary, Mr.
Bennett stated a deal is a deal and this was voluntarily made into by all sides. Mr. Bennett stated if a
deal is going to be modified, then he suggested that the modification be unseverable.
Alice Finst, 707 Place Tavant, stated she was a member of the Historic Preservation
Board which voted on this issue of placing this property as a designated property. Mrs. Finst stated
lifting the historic designation, changing the zoning now, and allowing more than one lot to be
developed was not in their plan in 1989. Mrs. Finst stated if it was historic in 1989 and the plan was
to preserve it with the one additional lot, then nothing has changed. Mrs. Finst urged the Commission
to support the original proposal which was voted on by the Board at the time and continue to protect
the property.
At this point, Ms. Henderson made a brief rebuttal statement:
Rebecca Henderson, Attorney representing the applicant, stated the issue is
whether there is substantial competent evidence whether the land behind the historic building is
historic. Ms. Henderson stated the applicant is not proposing to de-designate the structure and the
entire structure including the west wall (retaining wall) is proposed to remain designated historic.
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Ms. Henderson stated since there is no substantial competent evidence to substantiate the historic
designation that it be lifted and that the appropriate designation remain on the house.
Brief discussion followed by the Commission.
Mr. Levinson expressed concern regarding the Fontaine Fox House and explained that
he is less concerned about the Fontaine Fox House being designated in the National Register then he
is with the issue of putting the house as identified by HPB parcel 4 on the local register and picking
up the height restrictions on lots 2 and 5 that the City would not otherwise get.
Mrs. Archer expressed similar concerns and stated she has a problem with the 50-foot
buffer. Mrs. Archer suggested that the buffer be extended from 50 feet to 100 feet because she feels
this would protect the retaining wall and the integrity of the back wall.
With regard to Ordinance No. 12-02(B) and Ordinance No. 12-02(C), Ms. McCarthy
asked if these ordinances are restricting the square footage of houses that can be built on this lot. In
response, Mr. Dorling commented that the two ordinances propose a restriction on height for the lots
immediately to the west of the two historic structures. There is an existing square footage restriction
limiting the square footage to 2,400 square feet on the lot on the ocean (east of A-l-A) which
currently exists in Ordinance No. 70-89. Furthermore, Ms. McCarthy inquired whether it is
necessary criteria for us to mandate at this time how many lots can be developed on this land. The
City Attorney stated before the ordinance dealt with how many structures someone could have so by
default this would tell you how many lots you could have and explained that she feels it is relevant.
Mr. Perlman stated there was testimony from both sides as to the Lane Subdivision
that at one point was part of the Fontaine Fox House Estate and expressed concern over potential
litigation because the Commission may be potentially denying development on one part of dirt and
allowing another part to be developed.
Mr. Levinson moved to adopt Ordinance No. 12-02(B) on Second and FINAL
Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor
Schmidt - No; Mr. Perlman - No; Mrs. Archer - No; Mr. Levinson - No; Ms. McCarthy - No. Said
motion failed with a 5 to 0 vote.
Mayor Schmidt stated Ordinance No. 12-02(C) would be to remove the historic
designation from Lot 3 and a portion of Lot 2.
Mr. Perlman moved to adopt Ordinance No. 12-02(C) on Second and FINAL Reading,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Perlman - No;
Mrs. Archer - No; Mr. Levinson - No; Ms. McCarthy - Yes; Mayor Schmidt - No. Said motion
failed with a 4 to 1 vote.
With regard to paragraph #5 of Ordinance No. 70-89, Mayor Schmidt stated
Commissioner Levinson suggested that this be changed to state that this be maintained on the Local
Register and that the applicant would not be required to get the National listing.
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Ms. McCarthy asked what impact this will have by putting this on a National Registry
has with preserving this property here locally. In response, Ms. Uguccioni stated the applicant's
representative explained the Section 106 process which talks about any time there is a Federal or
State undertaking historic resources are looked at in terms of how that undertaking would affect them
for national listed properties and for those that are eligible for listing. Ms. Uguccioni stated with
regard to conversations she has had with Wendy Shay, Historic Preservation Planner, she feels this is
an additional reinforcement of the significance of the Fontaine Fox House.
Wend¥ Sha¥~ Historic Preservation Planner~ stated Ms. Henderson spoke about the
restrictions it would put on FDOT or on a widening of A-1-A. Ms. Shay stated it is any project that
affect the beach or Oceanside and any project that is federally funded regardless of who the funding
goes to would have to go through a review process. Ms. Shay stated it is true that it would have to go
through a review process if it were just eligible for national listing. However, Ms. Shay stated it
would automatically "red flag" this particular property not only locally but on a state and national
level. Ms. Shay stated she feels this is extremely important and emphasized that this puts no
restrictions on the property owner for any changes made to the elevations or the property. In
addition, Ms. Shay stated it puts no restriction financially or otherwise on the property owner and
feels it looks fantastic to have another property designated in the City of Delray Beach. Ms. Shay
reiterated that any project receiving any federal funding (any project or improvement done to the
beach, waterway, Atlantic Ocean, or anything around the property) the review process is required. In
addition, Ms. Shay stated this is something that is done internally by the organization that is receiving
the funding and reiterated that this is federally mandated and the funding would not be available
unless they received this review.
Ms. Uguccioni commented that if someone wishes to access the National Register
Listing website, they may do so because there is no requirement for public access. Ms. Uguccioni
stated there are a number of private homes particularly in districts that are advertised as a special
quality.
Mrs. Archer asked what is required to get the designation at a national level and what
kind of financial commitment is involved. In response, Ms. Shay stated a preliminary site
information questionnaire is a general form filled out by the applicant to find out what the
significance is. If the state office decides that it is significant, then the Commission would move
forward with the designation process. Ms. Shay stated the only costs that are incurred with this is the
mailing to the state office and photography/developing fees that are included with the slides and
photos that are required.
Mr. Levinson commented that by extending the wall an additional 50 feet reduces the
size of the two lots which then changes setbacks and potentially reduces the size of the structures.
Mrs. Archer stated she would like to readdress the questions about the National
Register of Historic Places and asked if the Commission is certain they want to eliminate this from
the ordinance. Mr. Perlman stated he has mixed feelings about mandating a designation on a private
home and feels this should be voluntary and not imposed on the owner.
For clarification purposes, Ms. Henderson stated there is no proposal to remove the
gumbo-limbo trees but are proposing to keep them on the side. With regard to the buffer, Ms.
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Henderson stated the applicant would entertain a buffer and entertain a designation on the home
located at 622 North Ocean Boulevard with the provision that the two proposed lots behind those
houses be removed from the designation. Ms. Henderson stated if the home on Lot 6 (622 North
Ocean Boulevard) can meet the criteria it can be locally designated and that the designation also be
on Lots 4 & 7 along with the height restriction.
With regard to the current ordinance, Mayor Schmidt inquired about the east/west
dimension of Lot 3. In response, Mr. Dorling stated the east/west dimension of Lot 3 would be 260
feet.
With regard to Section 2.2 of the ordinance, Ms. McCarthy inquired about any
restrictions. In response, Mr. Dorling stated square footage would be limited by other LDR
requirements such as height and setbacks. Mr. Dorling stated the square footage restriction would
continue to apply only to the house on the east side of ocean.
Mr. Levinson moved to adopt Ordinance No. 12-02(A) on Second and FINAL
Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer -
No; Mr. Levinson- No; Ms. McCarthy -No; Mayor Schmidt -No; Mr. Perlman- No. Said motion
failed with a 5 to 0 vote.
After brief discussion, it was the consensus of the Commission (3-2) that the Fontaine
Fox House not be required to be listed on the National Register. Direction was given to staff to bring
back a new ordinance and include the following:
Extend the 50-foot buffer to 100-foot buffer between the existing wall at the rear of the
Fontaine Fox House located at 610 North Ocean Boulevard and the newly created lot to the
west
Restrict the height of any new construction to 28-feet of any newly created lot to the west of
and adjacent to, the lot containing the existing structures located at 610 & 622 North Ocean
Boulevard (State Road A1A)
Delete the requirement that the Fontaine Fox House be placed on the National Register of
Historic Places
That the residence at 622 North Ocean Boulevard must be placed in the Local Register of
Historic Places
Modify the existing density restriction from three to four dwelling units
10.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. Prior
to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has
been scheduled to be held at this time. (Quasi-Judicial Hearing)
The City Manager presented Ordinance No. 11-02:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING AND PLACING
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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 5TH AVENUE AND
SOUTHEAST 10TH 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 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.
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. No ex parte contacts were noted.
Barbara Garito, City Clerk, swore in those individuals who wished to give testimony
on this item.
Paul Dorling, Planning and Zoning Director, entered the Planning and Zoning project
file #2002-092 into the record.
The subject property is a vacant unplatted parcel containing 2.067 acres. The proposal
is to change the zoning from RT (Resort Tourism) to PC (Planned Commercial) to establish a new
financial institution with drive-through facilities and a commercial space for retail tenants.
At its meeting of February 25, 2002, the Planning and Zoning Board considered this
item and a public hearing was held 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 Chapter 3 (Performance
Standards) and Section 2.4.5(D) of the Land Development Regulations, and policies of the
Comprehensive Plan.
The City Attorney invited anyone from the public who wishes to address the
Commission regarding the rezoning, to please step forward at this time and be sworn in by the City
Clerk.
The City Attorney stated the applicant or the applicant's representative may step
forward at this time.
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Stanley G. Hill, applicant/agent, stated they have been working through the process
and agree with staff. Mr. Hill stated the rezoning will limit them to a minimum 6,000 square foot
building and noted that the parcel is approximately two acres.
There being no one from the public who wished to address the Commission regarding
the rezoning, the public hearing was closed.
Mr. Perlman moved to adopt Ordinance No. 11-02 on Second and FINAL Reading,
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.
At this point, the Commission moved to Item 11, Comments and Inquiries on Non-
Agenda items from the City Manager and the Public.
ll.A.
City Manager's response to prior public comments and inquiries.
With regard to a concern expressed about the speed limit sign at the speed humps on
N.E. 3rd Avenue, the City Manager stated this will be corrected and explained that the speed limit
sign is on the same post with the hump sign. Furthermore, the City Manager stated the signs will
need to be separated so that it does not imply someone can cross the hump at 25 mph.
With regard to the parking on Lake Court, the City Manager stated this is a one-way
street. The City Manager stated options are posting "No Parking" signs, saving swales, or doing
nothing. At this point, the City Manager stated staff will observe the situation since Lake Court is a
one-way street and is approximately 16 feet wide.
The City Manager stated there was a concern expressed about children walking to
school on Lake Ida Road during the construction and explained that staff has been in contact with
Palm Beach County Engineering and are working with them to make sure they do provide a safe
means for children who walk to school.
With regard to a concern expressed about hedges planted too close to the sidewalk in
the DeMda area, the City Manager stated the Code does provide that hedges are not to overhang the
sidewalks, but there is no requirement regarding how far away from the sidewalk they have to be
planted. The City Manager stated Code Enforcement staff walked through the neighborhood on
March 28, 2002, and reported there are some hedges that encroach on the sidewalk which need to be
trimmed. These homeowners will be advised to trim their hedges and if these hedges are not
trimmed, Code Enforcement will issue violation notices.
In response to a prior concern about the trimming of the sea grapes, the City Manager
stated this is part of the approved Dune Re-Vegetation Program for the coastal dune. The City
Manager stated this includes cutting back sea grapes which were originally planted as bushes, but
have not been trimmed in many years and have grown into trees. The City Manager stated bushes are
desired rather than trees because when they grow to tree size they choke out other dune vegetation
and it is necessary to stabilize the dune. The sea grape trees are prone to uprooting during
windstorms which further destabilizes the dune environment. The dune management plan includes
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04/02/02
removal of exotic vegetation replanting of the dune with indigenous species.
The City Manager stated the City is increasing enforcement of the sea turtle lighting
ordinance from March 1 st through October 31 st to ensure that upland lighting is not visible from the
beach.
With regard to a concern expressed about the new parking meters on Atlantic Avenue,
the City Manager stated the parking meters are scheduled to be installed serving five parking spaces
in each direction with a maximum walking distance of approximately 100 feet. The City Manager
explained the spacing for the block on the north side of Atlantic Avenue between Seabreeze Avenue
and Andrews Avenue currently exceeds this length, but another meter will be installed if the test
program is successful. Staff has investigated dollar bill acceptors. Other companies providing multi-
space meters with bill acceptors were on the average $6,850 more per unit than the meter currently
being tested. Anticipating the conversion of single head meters to multi-space meters this would
represent an increase in cost to replace all the meters of approximately $479,000. Furthermore, the
City Manager stated the multi-space meter program will mitigate sign clutter by allowing removal of
many existing signs stating the hourly restriction by replacing them with one sign on each corner.
As a follow-up comment with regard to the overgrown hedges in the DeMda area,
Mayor Schmidt stated he has received several complaints from residents that as they drive on N.E.
9th Street heading east, there is a hedge to the north blocking the view of oncoming traffic heading
south on Swinton Avenue. Mayor Schmidt suggested that Code Enforcement take a look at this too
and make sure it meets the site line requirements.
11.B. From the Public.
ll.B.1. Jim Smith~ 1225 S. Ocean Boulevard #202~ distributed a proposal to the Commission
listing 27 bicycle-friendly steps for Delray Beach (a copy is attached hereto and made an official part
of the minutes). Mr. Smith stated the Commission has done an excellent job in implementing urban
design principles and providing pedestrian friendliness along Atlantic Avenue. In addition, Mr.
Smith stated the City is also blessed with the pedestrian friendly bridge over the Intracoastal,
however, he feels the City has done little to improve bicycle friendliness. Mr. Smith feels the City
has inadvertently created a dangerous environment for bicycles. Mr. Smith stated that bicycle-
friendliness is not just about bicycle lanes, but is also about safety, education, courtesy, attitude, and
most importantly leadership.
ll.B.2. John Bennett~ 137 Seabreeze Avenue~ stated he was asked by a neighbor to inquire
about the Lane Subdivision and whether the proper permits were obtained to cut down all the trees.
He stated he would like to know what is being done about this.
Secondly, with regard to the Lane Subdivision and all the fill that was brought in, Mr.
Bennett asked if the City is satisfied that the drainage plan is adequate.
On his own behalf, Mr. Bennett commented about a statement Mr. Perlman made at
the Annual Organizational Meeting about trying to get some "new voices" to speak at the
Commission Meetings. Mr. Bennett sated he feels this is a great idea and commented that he has
been trying for the last three years to get people involved. He stated when the issue directly concerns
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04/02/02
someone, it is very hard to get them to attend a meeting. Mr. Bennett encouraged the Commission to
get some more voices and urged them to not forget those who have been attending the meetings for
quite a while because he feels they do have things to say that are worth hearing.
ll.B.3. Jennifer Wood, 120 N. Ocean Boulevard, commented on the outcome of the Beach
Renourishment Project and stated the project was completed quickly for which she and other local
residents are very thankful. Ms. Wood feels there are hazardous conditions resulting from the Beach
Renourishment Project and commented that there are now sections of the newly made beach which
end to a seven foot drop off to the ocean. Ms. Wood stated lifeguards cannot see children playing on
the beach directly below the drop-off points thereby allowing a dangerous possibility under high tide.
In addition, Ms. Wood stated March through October is sea turtle nesting season and asked how the
sea turtles are supposed to climb up a seven foot embankment considering they are amphibious and
do not have wings thus cannot fly. Ms. Wood urged the Commission to ask the dredging company to
return and reshape the beach so there is a gradation leading down to the ocean thereby ridding the
beach from these potentially dangerous drop-off points.
At this point, the Commission returned to Item 9.B., Conditional Use Request/Lund
Animal Hospital.
9.B. CONDITIONAL USE REQUEST/LUND ANIMAL HOSPITAL: Consider a
conditional use request to allow the establishment of a veterinary clinic for Lurid Animal Hospital,
located in the Pelican Harbor Shoppes at the northeast corner of South Federal Highway and Tropic
Isles Drive. (Quasi-JudicialHearing)
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. Mayor $chmidt stated he did have a conversation with Dr. Meredith, one of the Veterinarians
associated with the hospital. Mr. Perlman, Mrs. Archer, Ms. McCarthy, and Mr. Levinson had no ex
parte contacts.
Barbara Garito, City Clerk, swore in those individuals who wished to give testimony
on this item.
Paul Dorling, Planning and Zoning Director, entered the Planning and Zoning project
file #2002-115 into the record and stated the subject property involves a 5,300 square foot tenant
space within Tropic Isles Harbor Shopping Center. Mr. Dorling stated an application has been
submitted for a conditional use request to establish a 5,300 square foot veterinarian clinic. The hours
of operation will be Monday through Friday 8:00 a.m. to 6:00 p.m., and Saturday 8:00 a.m. to 1:00
p.m. The services will include dental care, ultrasound, laser radiographic, surgical and neurological
diagnosis. The floor plan indicates 651 square feet of kennel space within the building, which will be
used for short-term observation of animals and a day-care component.
At its meeting of March 18, 2002, the Planning and Zoning Board held a public
hearing in conjunction with the request and after discussing the proposal, the Board unanimously
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04/02/02
voted to recommend approval of the veterinary clinic subject to the following condition that the over-
night boarding of animals shall be prohibited.
Mayor Schmidt commented that when he was on the Planning and Zoning Board and
Mayfair Animal Hospital came before the Board, there was a similar concern. Mayor Schmidt
explained the restriction was that there could not be any overnight boarding unless it was medically
necessary to keep an animal overnight for observation. Mr. Dorling stated this was discussed and the
doctor indicated that he had a special person that he would refer these types of cases to and also
indicated that in the less serious cases, they would even take some animals home.
Mr. Perlman moved to approve the Conditional Use request to allow the establishment
of a veterinary clinic for Lund Animal Hospital with the caveat that over-night boarding of animals
be prohibited, 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.C. REQUEST FOR SIDEWALK WAIVER/THE BROOKFIELD COMPANY:
Consider a request from The Brookfield Company for a waiver of Section 6.1.3 of the Land
Development Regulations providing relief from the installation of a sidewalk on the north side of NE
4th Street and the east side of Fisher Lane.
Paul Dorling, Planning and Zoning Director, stated the waiver request has been
submitted in conjunction with a proposal to redevelop the properties located at the northeast corner of
N.E. 4th Street and Fisher Lane (Lots 42-45, Las Palmas Subdivision), which are zoned R-l-AA
(Single Family Residential).
Pursuant to LDR Section 6.1.3(B)(1), redevelopment of the properties requires the
installation of a five foot wide sidewalk along Fisher Lane and N.E. 4th Street. The applicant
submitted a request to waive this requirement and has indicated the sidewalk waiver is necessary
because he feels there is no logical reason for building sidewalks in this area and a sidewalk would
distract from the aesthetics in this area. Mr. Dorling stated prior to granting a waiver, the approving
body shall make a finding pursuant to LDR Section 2.4.7(B)(5) as listed in the Planning and Zoning
Staff Report.
The Development Services Management Group (DSMG) and the City Engineer
reviewed the waiver request and did not support the waiver based upon the reasons embodied in the
Comprehensive Plan policies referenced above. Staff feels it is appropriate to deny the waiver
request.
Michael Weiner, Attorney representing Brookfield Company, stated there are two
new homes being built in this area on Fisher Lane and has been before various Boards. Mr. Weiner
stated Fisher Lane is presently a public right-of-way twelve feet (12') in width. Mr. Weiner stated
this raised the issue of this particular sidewalk which would be placed within the easement area. Mr.
Weiner stated there is no logical reason for building sidewalks in this area and feels it is not a
practical solution. Mr. Weiner stated any sidewalk to be built would not link to any other sidewalk
and would only create safety hazards for pedestrians. Mr. Weiner feels a better proposal would be to
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04/02/02
take an easement for a sidewalk along N.E. 4th Street and invoke a very specific provision.
Mr. Perlman moved to deny the request for the sidewalk waiver, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman -
Yes; Mrs. Archer - No; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion to deny passed with
a 4 to 1 vote, Mrs. Archer dissented.
9.D. SPECIAL EVENT REQUEST/CARIBBEAN AMERICAN FESTIVAL:
Consider approval of a special event request for a Caribbean American Festival to be held on June 1,
2002 from 11:00 a.m. to 11:00 p.m. at Old School Square, including a waiver of LDR Section
4.6.7(D)(3)(j)(ii) to allow event signage to be placed more than one week prior to event, trash
removal/site clean up, EMS service, staff support for security and traffic control with the sponsor
paying fifty (50%) of overtime costs, contingent on the sponsor providing liability insurance and a
hold harmless agreement.
Mayor Schmidt stepped down and passed the gavel to Vice-Mayor Perlman.
Robert A. Barcinski, Assistant City Manager, stated this is a request to endorse the 1st
Annual Caribbean American Festival proposed to be held on June 1, 2002, from 11:00 a.m. to 11:00
p.m. at Old School Square. The event is being sponsored by the Haitian Cultural Society of the Palm
Beaches and they are also requesting staff assistance for traffic control and security, EMS service,
trash removal and site clean up, a waiver ofLDR's Section 4.6.7(D)(3)(j)(ii) to allow event signage to
be placed more than one week prior to the event, and a 50/50 split of overtime costs. The estimated
overtime costs for the event is $4,500.
Ms. McCarthy asked where the money for overtime costs will be coming from. In
response, Mr. Barcinski stated for every other event the overtime costs come out of the City's budget
unless the sponsor pays for it.
The City Manager stated he is concerned with the City adding more special events.
Mr. Levinson stated the option the City could do is require the sponsor to pay more
than 50/50 in overtime expenses. In this particular case, Mr. Levinson stated this is their first event
and feels a 50/50 split is the right thing to do. However, for some of the older events, Mr. Levinson
suggested that the City shift the burden to the sponsor and that this be part of the review.
Mrs. Archer asked when the Commission can expect to have some criteria for
assigning categories to events so that they will know how many of what kind and how extensive the
involvement is on the part of the City. In response, the City Manager stated the challenge the City
faces is finding the staff time to complete this. Ms. McCarthy asked if it is possible for this to be
completed before next fiscal year's budget. The City Manager stated this should be completed by
that time.
At this point, Mayor Schmidt returned to the dais.
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04/02/02
Ms. McCarthy moved to approve the special event request for a Caribbean American
Festival to be held on June 1, 2002, from 11:00 a.m. to 11:00 p.m. at Old School Square, 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.
9.E. NAMING RIGHTS AGREEMENT/DELRAY BEACH TENNIS CENTER:
Consider approval of an agreement with Superlative Group Inc. to act as a Non-Exclusive Agent for
the City of Delray Beach to sell naming rights for the Delray Beach Tennis Center.
Robert A. Barcinski, Assistant City Manager, stated the agreement essentially reflects
the scope of work, terms, and conditions contained in the original proposal.
Mr. Perlman commented about the section in the agreement under #1(a) - Marketing
Relationship where it states "During the term of this Agreement, Superlative shall be the exclusive
marketing representative of Delray Beach relating to the sale of the corporate naming rights for the
Tennis Center." Mr. Perlman asked if there are current restrictions for companies that are blocked out
from Flight Media and/or MatchPoint. The City Attorney stated she has provided the Commission
with a memo explaining the various contractual obligations. Therefore, the City Attorney stated if the
City were to enter into an agreement with two particular companies that is the only Flight Media
restriction they would have.
Mr. Levinson stated it may be appropriate to add an exclusion in the agreement for the
two companies. The City Attorney suggested adding the words "subject to current agreements."
Prior to the vote, Ms. McCarthy inquired about Item #3(a)(1) under Compensation
where it states "Superlative will receive a research assessment fee of Thirty Thousand Dollars
($30,000) for services to perform market analysts of Naming Rights valuation for the Tennis Center."
Ms. McCarthy asked what this market analyst is going to do. In response, the City Manager
explained that # 2(g) lists ten items the Superlative shall have.
More specifically, Ms. McCarthy inquired as to why the City needs this evaluation in
order to sell the naming rights to the tennis center if there are events already in place and the City is
already establishing the value. In response, Mr. Dubin explained an expert is needed in order to
evaluate the value.
Mr. Levinson stated he feels the real value is Item #2(g)(4) and commented that he
spoke to the City Manager about this particular component. Mr. Levinson stated by using a firm who
has experience, the City will benefit from what other communities have done and he feels this is very
significant.
Mr. Perlman moved to approve the Naming Rights Agreement with Superlative
Group, Inc. for the Delray Beach Tennis Center subject to and not contrary to existing agreements,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - No; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed
with a 4 to 1 vote, Ms. McCarthy dissented.
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04/02/02
9.F. CRA APPLICATION FOR TEA'21 FUNDING FOR WEST ATLANTIC
AVENUE: Consider a request from the Community Redevelopment Agency for the City's
participation and assistance with the CRA's application to the Metropolitan Planning Organization
(MPO) for TEA'21 funding for enhancement or beautification activities on West Atlantic Avenue
from l0th Avenue to 12th Avenue.
The City Manager stated the CRA would like the City to write a letter in support of
their application stating if they get the grant and the City completes the beautification of West
Atlantic Avenue, that the City will maintain it in the future.
Mr. Perlman moved to approve the request from the CRA for the City's participation
and assistance with the CRA's application to the MPO for TEA'21 funding for the beautification on
West Atlantic Avenue from N.W. l0th Avenue to N.W. 12th Avenue, 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.G. SECOND APPOINTMENT TO NOISE COMPATIBILITY ADVISORY
COMMITTEE {NCAC)/BOCA RATON AIRPORT AUTHORITY: Appoint the second member
to the Noise Compatibility Advisory Committee (NCAC) for the Boca Raton Airport Authority. The
term is for one (1) year. Based on the rotation system, the appointment will be made by
Commissioner Archer (Seat #2).
Mrs. Archer moved to appoint Bill Schwartz to the Noise Compatibility Advisory
Committee (NCAC) for the Boca Raton Airport Authority for a one year term, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt -
Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0
vote.
9.H. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1)
regular member to the Code Enforcement Board to fulfill an unexpired term ending January 14, 2005.
Based upon the rotation system, the appointment will be made by Commissioner Levinson (Seat #3).
Mr. Levinson moved to appoint Beril Kruger as a regular member to the Code
Enforcement Board to fulfill an unexpired term ending January 14, 2005, seconded by Mr. Perlman.
Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs.
Archer - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
9.1. 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 Mayor Schmidt (Seat #5).
Mayor Schmidt stated he would like to defer his appointment to the Regular Meeting
of April 16, 2002.
9oJo
APPOINTMENT OF THE CHAIRPERSON OF THE PUBLIC EMPLOYEES
RELATIONS COMMISSION: Appoint the chairperson of the Public Employees Relations
Commission (PERC) for a four year term ending January 29, 2006.
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04/02/02
Mr. Perlman moved to appoint Todd Jackson as Chairperson of the Public Employees
Relations Commission (PERC) for a four year term ending January 29, 2006, 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.
9.K. APPOINTMENT TO THE ELDER READY TASK FORCE: Appoint one (1)
member to the Elder Ready Task Force for an unexpired term ending November 1, 2002. Based on
the rotation system, the appointment will be made by Commissioner Archer (Seat #2).
Mrs. Archer moved to appoint Karen Schell as a member to the Elder Ready Task
Force for an unexpired term ending November 1, 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.
9.L. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint the
following members to the Nuisance Abatement Board; two (2) regular members with term ending
March 31, 2004 and one (1) regular member to fill an unexpired term ending March 31, 2003. Based
upon the rotation system, the appointments will by made by Commissioner McCarthy (Seat #4),
Mayor Schmidt (Seat #5) and Commissioner Perlman (Seat #1).
Ms. McCarthy moved to appoint Janet Patrick as a regular member to the Nuisance
Abatement Board with a term ending March 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.
Mayor $chmidt moved to appoint Edward Ostrowski as a regular member to the
Nuisance Abatement Board with a term ending March 31, 2004, seconded by Mr. Perlman. Upon roll
call the Commission voted as follows: Ms. McCarthy - Yes; Mayor $chmidt - Yes; Mr. Perlman -
Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with 5 to vote.
Mr. Perlman moved to appoint John Miller, Jr. as a regular member to the Nuisance
Abatement Board to fill an unexpired term ending March 31, 2003, seconded by Ms. McCarthy.
Upon roll call the Commission voted as follows: Mayor $chmidt - Yes; Mr. Perlman - Yes; Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
9.M. APPOINTMENTS TO THE KIDS AND COPS COMMITTEE: Appoint two (2)
members for the category of"Other Representation" to the Kids and Cops Committee for a two year
term ending November 30, 2003. Based upon the rotation system, the appointments will be made by
Mayor Schmidt (Seat #5) and Commissioner Perlman (Seat #1).
Mayor Schmidt moved to appoint Jennifer Buce as a member to the Kids and Cops
Committee for a two year term ending November 30, 2003, 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 $chmidt - Yes. Said motion passed with a 5 to 0 vote.
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04/02/02
Mr. Perlman moved to appoint Officer Francis Moschette as a member to the Kids and
Cops Committee for a two year term ending November 30, 2003, seconded by Ms. McCarthy. Upon
roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy -
Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote.
12.
FIRST READINGS:
None.
13.
Comments and Inquiries on Non-Agenda 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 Archer
Mrs. Archer stated the Metropolitan Planning Organization (MPO) Meeting that she
recently attended had some wonderful announcements. One was applications for bus shelters would
be available in 5-6 weeks. Mrs. Archer stated she has a presentation that was made on a design with
regard to bus shelters for the City Manager. Mrs. Archer stated there was also a submission from a
company that has been approved by Boca Raton to make shelters that are less expensive and appear
to be quite adequate without any advertising.
Secondly, Mrs. Archer stated the MPO and the South Florida Water Management
(SFWM) are pursuing the ability of putting bicycle paths and walkways along their canals. Mrs.
Archer stated this is something they have repeatedly opposed and they are working very hard to try
and make sure that we can indeed do this if the City so desires.
Mrs. Archer announced that she will not be at the April 9th Workshop Meeting
because she will be out of town.
13.C.2.
Commissioner Perlman
Mr. Perlman stated he spoke to Tom Lynch today with regard to the Magnet Program
at Pine Grove Elementary School and commented that there was a story in today's paper and he asked
for the City's position on whether or not the City would support loosing the magnet program or
change to what is being proposed. Mr. Perlman stated he informed Mr. Lynch that his personal
thoughts are he is concerned about loosing the Magnet Program because the City is in pursuit of a
middle school of the arts. Therefore, Mr. Perlman stated he would like to see the current program
maintained and strengthened.
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04/02/02
It was the consensus of the Commission to maintain the current program at Pine Grove
Elementary School and that it is in need of strengthening.
Mr. Perlman commented that an effort be made to keep the opening prayers non-
denominational.
13.C.3. Mayor Schmidt
Mayor Schmidt stated he received a letter from Seventeen Magazine which states
Kristi Caruso of Delray Beach is the winner of the 5th Annual Seventeen Cover Girl Volunteerism
Award. She will be featured in the magazine as well as receiving a scholarship. In addition, Mayor
Schmidt stated Kristi will also be going to New York for an awards lunch on April 24, 2002.
13.C.4.
Commissioner McCarthy
Ms. McCarthy stated the presentation this weekend went very well.
13.C.$.
Commissioner Levinson
Mr. Levinson had no comments or inquiries on non-agenda items.
10:00 p.m.
There being no further business, Mayor Schmidt declared the meeting adjourned at
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 April 2, 2002, which Minutes
were formally approved and adopted by the City Commission on
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04/02/02
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.
-33-
04/02/02
It was the consensus of the Commission to maintain the current program at Pine Grove
Elementary School and that it is in need of strengthening.
Mr. Perlman commented that an effort be made to keep the opening prayers non-
denominational.
13.C.3.
Mayor Schmidt
Mayor Schmidt stated he received a letter fi.om Seventeen Magazine which states
Kristi Caruso of Delray Beach is the winner of the 5th Annual Seventeen Cover Girl Volunteerism
Award. She will be featured in the magazine as well as receiving a scholarship. In addition, Mayor
Schmidt stated Kristi will also be going to New York for an awards lunch on April 24, 2002.
13.C.4.
Commissioner McCarthy
Ms. McCarthy stated the presentation this weekend went very well.
13.C.5.
Commissioner Levinson
Mr. Levinson had no comments or inquiries on non-agenda items.
10:00 p.m.
There being no further business, Mayor Schmidt declared the meeting adjourned at
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 April 2, 2002, which Minutes
were.~ formally approved and adopted by the City Commission on
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04/02/02
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.
-33-
04/02/02
March 25,
2 7 Bicycle Friendly Steps for Delray Beach
1. Establish a Citizens' Pedestrian/Bicycle Advisory Board for Delray Beach.
2. Budget/hire a Pedestrian/Bicycle Coordinator (new position).
e
Amend the Comprehensive Plan to include Pedestrian/Bicycle goals,
objectives and policies.
Adopt a Pedestrian/Bicycle Master Plan based on recommendations
received from the Citizens' Pedestrian/Bicycle Advisory Board.
Build an integrated network of five East/West and six North/South bicycle
lanes (4'wide):
a. Linton Blvd. from A1A to US1 and from Congress Avenue to
Military Trail.
b. S.E. lOth Street from Federal Highway continuing westward on
Lowson to Military Trail.
Atlantic Avenue from A1A to the east side of the bridge; and from the
west side of the bridge to US1, and then from Congress to Military
Trail.
d. N.E. 4th Street from Federal Highway to Swinton; continuing as Lake
Ida Road to Military Trail.
e. George Bush Blvd. From A1A to Swinton Avenue.
f.
(In the design phase). A1A will be widened for an undesignated
bicycle lane fi.om Spanish River to Linton in 2003; and, fi.om Linton
to George Bush Blvd. in 2005-6.
g. Federal Highway from the southern to the northern boundaries of
Delray Beach.
March 2~,
2 7 Bicycle Friendly Steps for Delray Beach
h. Seacrest Boulevard from the northern boundary of Delray Beach,
continuing southward on NE 2na Avenue to Atlantic Avenue.
Swinton Avenue from the northern boundary of Delmy Beach to
Lowson (S.E. l0th Street).
Congress Ave. from the southern to northern boundaries of Delray
Beach.
k. Barwiek Road from the northern boundary of Delray Beach to
Atlantic Avenue.
Military Trail from the northern to the southern boundaries of Delray
Beach.
e
Design and construct a network of multi-purpose pathways within a 2 mile
radius of all existing schools and the new Atlantic High School location so
that school children will have a safe way to walk and bicycle to school.
7. Make all sidewalk corners in Delmy Beach wheelchair and bicycle friendly.
8. Remove glass, trash and other debris from the sides, edges and gutters of all
roads within the city limits.
9. Complete the 2002 TEA-21 application for bicycle related projects instead
of more sidewalk beautification projects that are less likely to be approved.
10. Purchase and install more bicycle racks in the City. The bicycle racks
should hold the bicycle frame, not just a wheel, and be designed for a U-
shaped shackle lock.
11.Educate motorists to watch out for and share the road with cyclists. For
example, Delray Beach could affix bumper stickers to all its vehicles that
read, "Bicycles are Vehicles/It's the Law" or "Watch Out for Cyclists/Use
Your Turn Signal" or "Bicycles Are Vehicles/Share the Road".
March 25, 2002
2 7 Bicycle Friendly Steps for Delray Beach
12.Build and promote an "Official Cyclists Rest Stop" on A1A near Atlantic.
13.Promote bicycle education and safety by publishing and distributing
pamphlets with safety tips for children, adults and motorists.
14.Prepare and distribute a "bicycle suitability" map for Delmy Beach.
15.Ask Planning & Zoning and the Parking Management Advisory Board to
review and propose a bicycle/car parking space ratio for new developments
(perhaps 1:10).
16. Require new construction and encourage existing business and residential
developmems to provide secure and convenient bicycle storage.
17.Request the CRA to plan and provide bicycle lanes and racks as part of its
redevelopment activity.
18. Build:
a. A network of sidewalks and shared, multi-use pathways.
b. An extensive greenway network -- off road paths that nm
parallel to streets (Dixie Highway should be considered).
c. Bicycle trails around waterways.
d. A children's bicycle obstacle course
19. Stage bicycle events - such as a "Historic Bike Tour of Delray Beach";
"Safety Rodeos for Kids"; "Safety Safari"; police escorted bicycle fides.
20. Work with the Florida Department of Transportation to accelerate the
current schedule of 2005-2006 for filling in the missing sidewalk gap along
the west side of A1A between the Seagate Hotel and the Sandoway House,
and between the Marriott and the north end of the beach, so that young or
inexperienced cyclists will have a safer alternative to crossing A1A and riding
on the already congested sidewalk on the east side of A1A.
Mareh 25, 2002
2 7 Bicycle Friendly Steps for Delray Beach
21. Welcome cyclists to Delmy Beach with signs that read "Delray Beach Loves
Cyclists" or "Delray Beach is Bicycle Friendly" or "Delray Beach Welcomes
Cyclists".
22. Petition Palm Beach County to allocate more resources toward building
bicycle lanes, paths and trails; and to educate and encourage cycling as an
alternative to driving.
23. Promote National Bicycle Month (May) and "Bike to Work Week" (May
13' -19').
24. Cheek to make sure our schools are teaching pedestrian/bicycle safety in the
kindergarten through the third grade levels.
25. Suggest that existing businesses, and require new businesses, to install
shower facilities so that cyclists can realistically ride to work.
26. Add more road signs informing motorists that bicycles are vehicles and to
share the road.
27. Replace diagonal parking with parallel parking along A1A, just south of
Atlantic Avenue.
Jim Smith
MFR 19 200~ 8:40RM THE WIL$OM GROUP (850) 231-99~4 p.2
THE
~]].SON
GI~OUP
March 19, 2002
Mayor and City Commissioners
City of Delray Beach
100 NW 1~ Avenue
Delray Beach, Fiorida334~4
RI/: Fontaine l%x House
610 North Ocean Boulevard
Dear Mayor and Commissioners:
It has been brought to our attention that the above referenced property has been presented
to the CiVy for delisting of its historic desi~.ation and replatting. We have recently
relocated to northwest Florida and have not been involved in the~e discussions.
However, rite historic preservation people and other interested part/es have asked us to
provide some background into our intent, and our discussions with the City, back/n 1989
when we listed the property.
In 1984, the year we purchased the property, we investigated the possibility of
subdividing the back property sometime in the future. We had some discussions with the
City and had a preliminary plat engineered for 4 lots to determine & possible development
scenario...then put it "on the shelf".
When we purchased the property, it included a s~all pn~ce! of land off the ocean with 90'
of~'ontage on A1A. We were intrigued about the possibility of building a house on that
land but were told by the City at the time that the 90' lot was non-conforming. A few
years later, the state was in discussions about moving the Coastal Construction Control
Line landward a~l in 1989, we were told it was imminent. By then we bad moved to
Hawaii, but intended to return to our property in Delray. We had a~'ays remained
~ntetested i~ te-openLng discussions with the City about developing the ocean lot and
knew ti~t we had to get serious f~om a time perspective because of the pending
legislation tegntcltng coastar1 construction, which would have precluded any future
development of that ocean front property. Subsequently, working with the City, we
brought the lot into conformance.
At that point, we felt ii importam to take stock of the/mportant property we had been
fortunate to acquire, and began working with a landscape architect, land use attorney, and
P.O. BOX 4891 SEASIDI/ }'LOP, IDA 32459-4891
P,I-IOI~4'E: (e.sO) 2}1-9942 · ]rAX: {1~0) 2.~-9924
p.3
2002 B:4ORH THE WILSOH GROUP {850) 23%-gg24
an architect well known for work in historic preservation. Thc house and property at 610
is truly a glimpse at old Florida. Here you have what was an early beach cottage (1935)
built out of cypress clapboard siding, both inside and out, cypress being one of the early
materials used in south Florida co~miction. It was designed by well known architect,
John Volk, whose ~rchitecture has left an imprint in Palm Beach, as well as Gulf $lream
and Delray. His widow, Jane Volk, has just released a book on him. The house was
designed for a nationally known cartoonist, tontaine Fox, known for his cartoon,
Toonerville Trolley, which was syndicated nationally fi.om 1915 to 1955. Ivh'. Fox was
one of several cartoonists who made his winter home in Delray. He and others had their
off:ices on thc second floor of the Arcade Building. When Fox was destining the house,
the paper, (The Delray Beach News, November 2, 1934) in an article discussing Fox's
wimer studio, also said
"Fox has not limited his creative ~bilities ~o pen and ink medi~...he has oonsimcl~ a beach front
house tl~ nobody else would have dated erect. While the ho~se is cortznodious, modern, and
slurdy, his design gives it the genersJ appearance of Toonerville's Irolley startin~ to sea..~s it b,
~ house is a focal ix)mt of in,rest and is worth a long. long drive to see".
The house s/ts on almost 2 14 acres of land. As you walk through the property flora
Ocean Boulevard to Andrews Avenue, you first come to a stand of very tall gumbo limbo
trees curving over from exposure to ocean breezes. As the dune drops down toward the
back of the property you realize you are in a hardwood hammock (the list of vegetation
exists a! the city). It is our understanding that the Spanish River used to mn through this
property before the intracoastal was built, and remains of that can be seen after heavy
rainfall when water runs through the lower part of the lot.
h was our feeling that the property itself was the last glimpse of what Florida's
ecosystem was like from the dune line down to the intracoastal. It was ns is said in
historic districts, tbe "~oute er, ze~rible" like in New Orleans, or in Charleston, where the
historic districts were designated independent of whether every house in the district was
significant. I! was how the area looked as a whole. The property went from the top of the
dune back to Andrews, where it connects with FIND land, which abuts the Intracoastal.
We don'! believe there is any other place left in Palm Beach county where you can see
the ecosystem or topographic syst~n still in tact such as ii is at 610 Ocean Boulevard.
h was after assessing the historical significance of the house and the
ecosystern/environmenial significance of the property that we felt it was appropriate to
Iht the house and property on the local Historical Register to insure that the house and
property would be protected. We listed our property on Ihe local register, limited the
development of the back property to one house and secured the righl to build on the
oceanfront property. This was approved after many meetings with the local Historic
Preservation Board, the former Historic Palm Beach County Preservation Board (state
board), the Beach Property Owners' Association, the Historical Society, as well as to
several neighbors, all of whom were involved with tlgs t~commendation and approval.
The house and property were also eligible for listing on the National Register of H/storic
Places.
We followed through ~ith designing a house on the beach, which reflected the same
architecture as the existing house, clapboard siding, porches, shingle roofs, etc. and
brought our architect to the meetings for extensive discussions, but continued to live in
the subject property until the sale to the current owner. (Copies of this plan should be in
the Cily files.)
We have always felt that this property to be of special significance to Dclray and have
h~ many happy years there. It is om' hope thst this background will complete the record
and answer any questions as to our intentions in listing the property in 1989.
If you have any questions, please feel free to contact us at/he number below.
~-d ~GG-~C~ (OSe) dnO~ NOS~IR ;H~
Ml=lO~,:8 ~00~ 6I ~91d#
ELIZABETH STEELE FORMAN
3322 Monument Avenue
Richmond, Virginia 23221
804-353-8809
804-353-3552 (facsimile)
Mayor and City Commissioners
City of Delray Beach, Florida
100 Northwest First Avenue
D~lray Beach, Florida 33444
Dear Mr. Mayor and City Commissioners:
i want to congrandate you on an Delsey Beach has done in ~he last couple of
years to suppor~ and encourage prol~r historic preservation in my b~loved hometown.
Although now a resident of one of this counl~,'s most historic cities, living on the only
street in the United States to have its own National Historic l~.egister Landmark staims, I
am even prouder o£having grown up in the "village by the sea!" As a former Florklian,
I am often asked for recommendations on where to vacation, and I am happy to say I
have sent many people your way to such quaint and wonderPul places as the Seagate
Hotel and Beach Club, the marvelously restored Colony Hotel and others. My friends
return charmed by the magic o£our special city, and then, in tam, recommend it to thei~
fi'iends.
I write to you today because I am very concerned about the possible removal of
a siE~i6cant piece ofproper~ from the Delray Beach Historic Register. Being quite
im¥olved ia historic preservation in V~olnla, I nonetheless ke~p a very close eye on
what h~pens in Delray Beach, both through the media and personal contacts.
Although it saddened me to see most o£the beautiful hisioric houses on the beach tom
down for new consi~ruciion o£ questionable ~sste, it encouraged me to read (in a 1997
Palm Beach Post article) that the developer of said properties had himsehebought a
historic property (the Fontaine Fox house and property) and promised to not tear it
down, but "keep it exactly like it is." (Palm Beach Post. Janua~, 19. 1997) To my
horror, I have just recently learned that this promise is no longer valid, and that Mr.
McI<in-ey proposes to do someth/ng so extreme it is to the point of the
ridiculous ..... scruaHy attempt to remove the already listed property from the Historic
Register.
Historic dis'uicts and historic preservation cnn only work ffthere is e cohesive
effort by all involved to support the existing regulations and model the highest
standards. Both Joe Riley, Mayor of Charleston, South Carolina and my friend, Tim
Kaine, former Mayor of Richmond and the current Lieutenant Governor of Vir~nia,
can give you instances of developers coming into their cities, presenting themselves as
preservationists and then later dem~noh'ng exceptions to the rules because they feb they
were the economic saviors of the city. ,'These'mayors stood strong ~nd yet the
developers remained, and worked within the structure of historic preservation the cities
had set for themselves. The result? Both cities are flouri~hlng, and brining in many
tourism dollars because of their unique historic atmospheres. I have met Mayor Riley in
the past and Tim Kaine is a personal friend of mine. I world be more than happy to put
you in touch with them should you wish further opinions regarding historic preservation
and the economic development of a city.
To be sure, I am not a "preservation pro£ess/ona]", but I am a volunteer with a
long history of involvement. To put it in terms that I like to use .... and that are certainly
not technical ...... preservation is like dominoes. It only takes one isaificant piece to
leU, and then it becomes practicaUy/mpossible to keep everything else standing as it
should. Please don't let the Fox property be taken out of the protected status that it took
so lonE to obtain. Dc]ray is indeed Floxicla's quaint and beautiful "village by the ~ea." It
took a lot of work over a number of years to secure that rifle, and we must keep working
together to maintain it.
Thank you all for talcing the time to consider this letter from one is no longer
resident, but who, indeed, tries to do her share in supporting Delray's economy! My
family and I look fo~ard to our mmual four w~ks stay at the Seagate this ~lmmer,
enjoying all the wonderfRl things that are happening in my historic hometown.
Sincerely,
Elizabeth Steele Forman
. FROI'~: URITE TO I.~E FRX It3. : 5S12,'~,,-'72-1 Rpr. 16 ~ 11:~,'~1.! P2
An excellent reason for no! allowing any more lots than w~re already
approved in 1989 is this: an agreemem was made between two parties, the
City of Delray Beach and the Wilson's.
The Ciys r~tui~m~t was ~o grant a ~ on a no~xaxf~ ~ch
lol: The Wilson's requirement was lo place the hom~ on ~be local Historical
the owner. The City of Delray has rhea.ed ~ end of the bargain--~e price
was paid with the variance for the beach lot. The value received was
l=eServing ~e Fonta~ Fox
Now Frank McKim~ wants m develop the back of~ EsUte-- the same
ordinance ex/sts today that was paid for dearly in ~he way ora very valuable
variance on the ocean lot. The City ~on need not give Frank
McKinney a thing. It is he who needs to hold up what is now ~ end of the
bar_~. ~n a/~er the pun:ha.se of the Fox Emate.
'Fl~Ol'l : ~P. ITE TO HIE FA:( IlO. : ~61~,-776,'~24 Apr. 16 ~ ll:-l?Al'i P3
Monty Helm
1221 Harbor Drive
Delray Beach, Florida 33483.
ApHI 1, 2OO2_
Mayor and City Comm|-~iOll
C/~y of Delrsy Beach
100 N.W. 1'~ Avenue
Delray Beach, Florida 33444
Dear Mayor and City Commission,
^ few days ago I wrote what I thought was a wonderful letter to be read at the City
Co~uission meeting the r~ght of Apr~ 2, 2002 in regards to my experienoe ia 1989,
concer~{,,i the eventual historic designation of the Fomaine Fox estate and the passing of
Ordinance ?0-89.
This mom~ng, a/ret read/ng Joyce Wilson's letter to Smart Kuby, which I mm you have
all read, dated March 28, 2002, I threw my letter out. In her letter Joyce covered in her
own words, everything I was going to wy to convey to the Co.'...~,~ion aborn the care
~ the ~n's had given the Fontaine Fox estate even when they were living in
Hawai/. Also, she shows without question their intent to protect the property from further
development. The best I can do is to make some co~mwnts and ask a few questions.
1. In 19891 was a board memt~ or,he Beach Property Owner's Association. I can say
tha~ xhere were dozens ofpeople involved in the efforts to get Ordinance 70-89 pass~,
including the City Cnmmissloo sad St-~'. ,~/n,~,h~ and other local chizeas, the
Beach Property Owner's Association, the Delray Beach Historical Society and Historic
Preservation Board. With ail o£these people and organizations involved not one ofthem
2. In her letter, the resolve and intent ofthe Wilson's to presev~ ami protect the es'rote
from developme~ was ~ry clear. The resolve and intent ofthe 1992 City Commh.~ion
.not to allow any future c~e to the ordinance was also dear and was tested in June
1992 when a request/'or an 850 square foot addition to the l~oposed plan for the beach
house was flatly denied!
3.1n a phone conversion I had with ~Ioyce Wilson a ~ days ago, she told me that
when Fro,l, Mc~ approached them about buying the Fontah~ Fox Estate, they told
him of the development re~m~c',ions of OrBital_ ~e 70-89 and about the e~te being on the
local Historic Regi~er. Then he told them, sitting in their own living room, that he and
his family where going to make it their home and would keep the property jo.st as it was.
z/I. l O o.
IA~ITE TO I.E FflX IlO. : %1~7, $77, 24 f4~r. 16 ~
Oo
11: JE)F. mI,1
4. I am co-?lrteb, ~ to the idea ofallowing Fra~: McI~-,z~,, or anyone else, to
add even one exn'a lot to the back of the estate and am absolutely opposed to lopping off
a part of the h/.~o~ designated ground for any reason.
5. A few days ago / saw a car ezier ~ property from Andrews Avenue with Wendy
Shay, Nancy D~vfla, and Paul Dorling in it. I believe fl~ey could see -,hat there is tm,ch
on the l~openy worth sav/ng. Please trAl us all what k/s that you ~aw on the back of the
property. ,,~dso, why is there not even a tree survey much less an
~cosystem/enviromm, mal azsez.~e~ ofthe property? Did you ~ ~ hammock? Did
you ~-e a group of the mo~ incred/ble Cn~nbo-l/mbo trees in Florida? Did you walk off
~he proposal $0 fee~ buffer to ~ee wl~ good it would do? I did ~/t doesn't even get
you back to where the Gumbo-limbo begin. I think you m~l ~t ~ 150 feet
6. To reach the same elevafioa az ~he Lane property, just north ofthe Fonmine Fox
property, wouM the amount of ~l k/Il every living ~ree behind the Fomaine Fox home?
7. Why is this reques~ in from of the Civy Co,,,,,,~ion wi~ ~o ~ umnsw~
questions regarding xhe ~ kself?
S. Why. does anyone want to set a precedent tha~ can have nothin~ hn negative affects
for all of us except for Fronk Mc. Kinney?
9. How are people who care about preservation ever going to trust the City of Delray
~ after making a joke om ofwl~ countless dfizens, civic boards, neighborhood
groups, Uhe City su~ the Civy Co-~mi.~on, and ~oyce ..a l~od Wilson caringly put
wgether h 19897
10. I wa.s ~here in 1989 a~d I am appalled.
11. Finally: Think aborn this: Ordinance 70-S9 is doing it's job. The only reason you
are voting on this tonight is because of the exisumce of 70-89. IfR did not ~ some
developer would have bulldozed i~ a long time ago.
There are only five of you who w~l make ~, deciskra tonight. The~ were dozens of us
who worked on ',he agree~t w protect and preserve xha Fomaine Fox Estate property.
How in good conscience can you vote to change k?
Mos~ shcereb,,