10-15-02OCTOBER 15~ 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, October 15, 2002.
1. Roll call showed:
Present -
Commissioner Patricia Archer
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor David W. Schmidt
Absent -
Commissioner Jeff Perlman
Also present were -
David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Brian Shutt, Assistant City Attorney
Barbara Garito, City Clerk
Mayor Schmidt announced that Bob Evans passed away this weekend and stated
he worked in the Police Department as a Police Information Specialist from June 1987 until
retiring in 1994. After retiring, Mr. Evans returned a year later continuing as a volunteer for the
Police Department and volunteered for a total of 14 years; 11 of those years he volunteered in the
Criminal Investigations Department. Mr. Evans was very dedicated and well liked by everyone.
Mayor Schmidt stated in recognition of his service to the City both as an employee and as a
volunteer, he asked that everyone observe a moment of silence in memory of Mr. Evans.
2_ The opening prayer was delivered by Father Richard Smith with St. Mary's
Anglican Church.
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 6.[ Delra¥ Beach Orchid Society
(Proclamation) and Item 8.R License Agreement/NETDeliver¥ Software to the Agenda by
addendum.
Also, Mayor Schmidt requested that Item 10.A. Resolution No. 83-02, 10.A. 1.
Interlocal Agreement and 10.F. Ordinance No. 52-02 be pulled from the Agenda.
Mr. Levinson moved to approve the Agenda as amended, seconded by Mrs.
Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson -
Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote.
5. APPROVAL OF MINUTES:
Mrs. Archer moved to approve the Minutes of the Regular Meeting of October 1,
2002, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mrs. Archer - Yes. Said motion
passed with a 4 to 0 vote.
Mrs. Archer moved to approve the Minutes of the Special Meeting of October 7,
2002, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Schmidt - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion
passed with a 4 to 0 vote.
Ms. McCarthy moved to approve the Minutes of the Special Meeting of October 8,
2002, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor
Schmidt - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion
passed with a 4 to 0 vote.
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PROCLAMATIONS:
6oAo
Recognizing and Commending Eula Mason-Berry.
Mayor Schmidt read and presented a proclamation hereby extending heartfelt
thanks and appreciation to Eula Mason-Berry for her exemplary service as Principal of Plumosa
Elementary School and the significant contributions she has made to the Delray Beach
community. Eula Mason-Berry came forward to accept the proclamation.
6oBo
Commending S.D. Spad¥ Elementary - "A" on FCAT.
Mayor Schmidt read and presented a proclamation hereby extending appreciation
to S.D. Spady Elementary School for the hard work of their students who demonstrated their
ability to read, write and compute with an outstanding performance on the FCAT, which is also
attributed to the dedication of the S.D. Spady Community, including the Principal, staff, parents,
and business partners. Martha O'Hare, Principal of Spady Elementary School, came forward to
accept the proclamation.
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Commending Morikami Park Elementary - "A" on FCAT.
Mayor Schmidt read and presented a proclamation hereby extending appreciation
to Morikami Park Elementary School for the hard work of their students who demonstrated their
ability to read, write, and compute with an outstanding performance on the FCAT, which is also
attributed to the dedication of the Morikami Community, including the Principal, staff, parents,
and business partners. Elizabeth Kennedy, Principal of Morikami Park Elementary, came
forward to accept the proclamation.
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Lula Butler, Director of Community Improvement, thanked the Commission for
taking the time to do this proclamation and recognized Carole R. Shetler, who is the Area
Superintendent for all these wonderful principals.
6.n.
National Epilepsy Awareness Month - November 2002.
Mayor Schmidt noted a proclamation hereby proclaiming November, 2002 as
National Epilepsy Awareness Month in the City of Delray Beach, Florida, and urge all of its
citizens to become aware of this disorder and encourage those afflicted to take their rightful
place in society and become productive citizens.
6.t.
Children's Home Society 100th Year Anniversary - November 2002.
Mayor Schmidt read and presented a proclamation hereby proclaiming November
2002 as Children's Home Society 100th Anniversary in the City of Delray Beach. Cecilia
Filippis came forward to accept the proclamation.
6.F. Jewish War Veterans/Ladies Auxiliary of Broward/Palm Beach County.
Council Week- November 3~ 2002 - November 10~ 2002.
Mayor Schmidt read and presented a proclamation hereby proclaiming November
3, 2002 through November 10, 2002, as Jewish War Veterans/Ladies Auxiliary of Broward/Palm
Beach County Council Week in Delray Beach, Florida. Harry Heyman, Commander of Post
#321 and Raymond White, Commander of Post #266 came forward to accept the Jewish War
Veterans proclamation.
6G.
National Bible Week - November 24~ 2002 - December 1~ 2002.
Mayor Schmidt noted a proclamation hereby proclaiming November 24, 2002
through December 1, 2002 as Bible Week and encourage interested citizens to participate in this
observance.
6.8.
Recognizing and Commending Urban League of Palm Beach County.
Mayor Schmidt read and presented a proclamation hereby recognizing and
commending the Urban League of Palm Beach County in recognition of the many
accomplishments and dedicated service to the citizens of Palm Beach County. Jimmy
Weatherspoon came forward to accept the proclamation.
6.I.
Delray Beach Orchid Society
Mayor Schmidt read and presented a proclamation hereby encouraging all citizens
to attend and support the Delray Beach Orchid Society's 12th Annual Show "Orchid Fantasy" to
be held at the Old School Square gymnasium on October 25-27, 2002. Julie Hamner came
forward to accept the proclamation.
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7. PRESENTATIONS:
7.A.
Delray Youth Vocational Charter School - Officer Pun
Pun appeared
disadvantaged
Fred Glass, Community Service Officer, stated a few years ago he and Officer
before the City Commission with a concept to bring a vocational school for
kids to the City of Delray Beach.
Officer Jean Pun, read a statement into the record written by Loren Sheffer,
President of the Board of Directors for the Delray Youth Vocational Charter School, who
thanked the Commission for their support. In addition, four students from the Delray Youth
Vocational Charter School came forward to express their gratitude and thanks.
On behalf of the City Commission, Mayor Schmidt thanked Officer Jean Pun and
Mr. Glass for all their hard work and especially would like to commend the students that are in
attendance for taking a step in the right direction.
Mr. Levinson stated he had an opportunity to work with some of the students
through the street patrol and feels the students have done a great job at getting focused and he is
very proud of all of them.
7.g.
Lights On After School Program - Janet Meeks.
Rich Connell, Assistant Director of Parks and Recreation, introduced the
following Lights on After School Program essay contest winners:
Dynesha Bonner - Pompey Park
Krystina Dean-Wright - Pine Grove Elementary School
Jessica Oliveras - Community Center
Georgette Hollis - Community Center
CONSENT AGENDA: City Manager Recommends Approval.
8.A. FINAL SUBDIVISION PLAT APPROVAL/STONE STATION: Approve the
subdivision plat for Stone Station Florida, Inc., located on the southwest corner of S.W. 7th Street
and Auburn Avenue.
8.B. FINAL SUBDIVISION PLAT APPROVAL/COLNON REPLAT: Approve
the subdivision plat for the Colnon Replat located south ofN.W. 11th Street on Lake Ida.
8.C.
ACCEPTANCE OF EASEMENT DEED/DELRAY PARK OF
COMMERCE: Approve and accept an easement deed associated with the development of
Delray Park of Commerce, Tract D (Grand Bahamas Professional Park) located on the east side
of N.W. 17th Avenue (Park of Commerce Boulevard) at Fountain's Way.
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8.D. AUBURN TRACE HOMEOWNERS' ASSOCIATION TRAFFIC
ENFORCEMENT AGREEMENT: Approve an agreement between the City and Auburn
Trace Homeowners' Association allowing the Delray Beach Police Department to enforce local
and state traffic laws on its property.
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INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY: Approve an interlocal agreement between the City of Delray Beach and the
Community Redevelopment Agency (CRA) for furnishing/administration of professional
engineering services.
8.F. AGREEMENT/EXPANDING AND PRESERVING OUR CULTURAL
HERITAGE (EPOCH): Approve the modified funding agreement and Amendment No. 1 to
the lease agreement for Spady House between the City of Delray Beach and Expanding and
Preserving Our Cultural Heritage (EPOCH).
8.G. SPECIAL EVENT REQUEST/SKATE THE SUNSHINE STATE: Approve
a special event request for Skate the Sunshine State sponsored by Style Ventures, Inc. which will
pass through Delray Beach on November 10, 2002, granting a temporary use permit per LDR
Section 2.4.6(H) for use of Anchor Park as a pit stop area, and to authorize staff assistance for
escorting the skaters through town and trash removal; contingent on the sponsor providing
liability insurance and a hold harmless agreement.
8.H. SPECIAL EVENT REQUEST FOR 3ra ANNUAL DELRAY BEACH
THANKSGIVING ART FAIR: Approve a special event request for the 3rd Annual Delray
Beach Thanksgiving Art Fair to be held on November 30, and December 1, 2002 from 10 a.m. to
5 p.m., to grant a temporary use permit per LDR Section 2.3.6(H) for the closure of N.E. 2nd
Avenue, from N.E. 1st Street to N.E. 4th Street, and to authorize staff support for traffic control
and security.
8.1. FINAL CLOSEOUT SETTLEMENT/CAROLINA CABANA: Approve the
negotiated final closeout settlement between the City of Delray Beach and Carolina Cabana for
past due payments.
8.J. LICENSE AGREEMENT/BAKA ENTERPRISES OF FLORIDA, L.L.C.:
Consider approval of a license agreement with BAKA Enterprises, Inc. for the use of the Tennis
Center Stadium for a boxing event to be held from 6:00 p.m. until 11:00 p.m. on December 7,
2002.
8.K. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a fund
subsidy for one (1) eligible applicant/family in the amount of $25,000.00 for N.W. 1st Street.
This brings the number to 149 homeowners assisted under the Renaissance Program. Funding is
available from 118-1924-554-83.01 (SHIP Program).
8.L. HOUSING REHABILITATION GRANT\CONTRACT AWARD: Approve
Housing Rehabilitation grant\contract award through Community Development Division in the
th
amount of $24,837.55 to South Florida Construction (202 S.W. 9 Court). Funding is available
from 118-1963-554-49.19 (SHIP Housing Rehabilitation Grant).
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8.M. CHANGE ORDER NO. 1/FINAL PAYMENT/CHAZ EQUIPMENT CO.,
INC.: Approve Change Order No. 1 in the amount of $100,531.81, and final payment in the
amount of $183,712.37 to Chaz Equipment Co., Inc. for Seacrest DeMda Neighborhood
Improvements Project. Funding is available from 370-3162-541-65.43 (Lake Ida Road), 334-
6111-519-65.12 (N.E. 2nd Avenue), 442-5178-536-63.90 (Water/Sewer/Other Improvements),
and 448-5461-538-63.90 (Storm Water/Other Improvements).
8.N.
AGREEMENT FOR LOBBYING SERVICES/KATHLEEN E. DALEY:
Approve an agreement for consultant/lobbying services between the City and Kathleen E. Daley
in the amount of $48,000.00 for the period October 1, 2002 through September 30, 2003.
Funding is available from 001-1111-511-34.90 (General Fund/Other Contractual Services).
8.0. CONTRACT RENEWAL/LANGTON ASSOCIATES: Approve renewal of
the consulting agreement between the City of Delray Beach and Langton Associates for grant
writing services for a term of one (1) year.
8.p.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
September 30, 2002 through October 11, 2002.
8.Q.
AWARD OF BIDS AND CONTRACTS:
Contract award to National Auction Company for auctioneering services
at 2.65% of gross receipts of the auction and $10.00/hour for additional
administrative services.
Bid award to various vendors for the purchase of gasoline and diesel fuel
via the Palm Beach County Co-op Bid #02-145/PP at an estimated annual
cost of $451,547.85. Funding is available from 445-4714-572-52.11 (Golf
Course Fuel/Oil Other), 446-4714-572-52.11 (Lakeview Fuel/Oil Other),
and 501-3311-591-52.51 (Central Garage Inventory - Fuel).
Bid award to Club Car, Inc. for the purchase of eighty (80) golf carts for
the Delray Beach Municipal Golf Course in the amount of $112,260.00.
Funding is available from 445-4761-572-64.90 (Delray Beach Municipal
Golf Course Fund/Other Machinery/Equipment).
Bid award to Fine Built Construction, Inc. for demolition of Breezy Ridge
and Owens Baker Road properties in the amount of $122,663.00.
8.R. LICENSE AGREEMENT/NETDELIVERY SOFTWARE: Approve
agreement for software between the City and NETdelivery Corporation, Inc. for the Delray
Beach Police Department regarding report transmittals.
Prior to the vote, Mr. Levinson stated with regard to Item 8.D., Auburn Trace
Homeowners' Association Traffic Enforcement Agreement, they have started to see a few of
these come along and commented if there are other neighborhoods similar to this that we should
be approaching for these kinds of things he would hope that this would be done.
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Secondly, Mr. Levinson stated with regard to Item 8.K., Delray Beach
Renaissance Program Subsidy, he feels it would be great to invite the SHIP Families that are in
the Renaissance Program to the Commission Meeting on the evening their program is approved
so that they can be welcomed officially by the City. Mr. Levinson suggested that something
special be done for the #150th family that receives assistance from the Renaissance Program.
Ms. McCarthy moved to approve the Consent Agenda as amended, seconded by
Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson
- Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote.
Mayor Schmidt stated there are several quasi-judicial hearings on the Agenda this
evening. Therefore, Mayor Schmidt read into the record a summary of how a quasi-judicial
hearing is conducted by the City of Delray Beach.
At this point, the time being 6:35 p.m. the Commission moved to the Regular
Agenda.
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REGULAR AGENDA:
9.A. WAIVER REQUEST/CALYPSO BAY TOWNHOMES: Consider a request
to waive LDR Section 2.4.6(H) regarding temporary use permits to allow an off-site temporary
sales office for the Calypso Bay Development located on the west side of Gleason Street,
approximately 100 feet south of Miramar Drive. (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 Clerk swore in those individuals who wished to give testimony on this
item.
Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex
parte contacts were disclosed.
Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning
Department project file #2002-392 into the record.
Calypso Bay is a 6-unit townhouse project to be located on the west side of
Gleason Street approximately 100 feet south of Miramar Drive. As the proposed sales office is
to be located off-site, City Commission approval of a waiver to Section 2.4.6(H)(3) (Temporary
Use Permits) is required. The applicant is requesting permission to utilize a single family
residence immediately to the north as a temporary sales trailer.
On August 14, 2002, the Site Plan Review and Appearance Board (SPRAB)
approved a Class V site plan for the subject property. The DSMG (Development Services
Management Group) reviewed the proposal and recommended approval subject to the conditions
that the sales office be limited to the development sales operation only and that a specific time
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period be applied. Staff recommends approval subject to the conditions which include:
That a landscape plan be submitted for approval by the City Horticulturist;
That the sales office be permitted for a period not to exceed twelve (12) months;
and,
That the only sales operation to be conducted from this location be for the six (6)
unit Calypso Bay development.
Mayor Schmidt declared the public hearing open. There being no one who
wished to address the Commission regarding the waiver, the public hearing was closed.
Mr. Levinson moved to approve the waiver request as recommended by staff,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson -
Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a
4 to 0 vote.
9.B. CONTRACT AWARD/ARTHUR J. GALLAGHER: Consider approval of a
contract award to various insurance companies as negotiated by our broker, Arthur J. Gallagher,
for the City's Property and Casualty Insurance Policies without the third party excess liability
coverage effective October 1, 2002 at the annual premium of $1,274,051.00.
Joseph Safford, Director of Finance, stated Arthur J. Gallagher entered the
marketplace to renew our property and casualty insurance policies and encountered a "hard"
insurance market similar to that being experienced across the country at this time. They
presented the City with two (2) options after their review of responses from carriers. Staff
recommends Option (2) without the third party excess liability premium, bound by Arthur J.
Gallagher to be effective October 1, 2002.
Mrs. Archer moved to approve Option #2 with the exception of the excess
liability coverage and approval of the transfer of funds from the Project Reserve Account,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy -
Yes; Mayor Schmidt - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a
4 to 0 vote.
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AMENDMENT NO. 3/TENNIS CENTER MANAGEMENT AGREEMENT:
Consider approval of Amendment No. 3 to the Tennis Center management agreement between
the City of Delray Beach and Dubin & Associates, Inc. regarding an adjustment of the
management fee.
Robert A. Barcinski, Assistant City Manager, stated this is a request from Dubin
and Associates requesting that the management fee be adjusted back to $44,000 per year as was
originally agreed to in the September 29, 1999 original agreement.
Mrs. Archer moved to approve Amendment No. 3 to the Tennis Center
Management Agreement between the City of Delray Beach and Dubin & Associates, Inc.,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt -
Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4
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to 0 vote.
9.D.
APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE
BOARD: Appoint one (1) regular member to the Site Plan Review and Appearance Board to
fulfill an unexpired term ending August 31, 2003. Based upon the rotation system, the
appointment will be made by Commissioner Levinson (Seat #3).
Mr. Levinson moved to appoint Mark Gregory as a regular member to the Site
Plan Review and Appearance Board to fill an unexpired term ending August 31, 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. Said motion passed with a 4 to 0
vote.
9.t.
AMENDMENT TO DELRAY MERCHANT' S ASSOCIATION
AGREEMENT: Consider approval of an amendment to the agreement between the City of
Delray Beach and Delray Merchant's Association regarding repayment of a $30,000 loan
associated with administrative and production costs for the "Celebrate the Soul of Delray" event.
Lula Butler, Director of Community Improvement, stated this is to consider a
request from Clay Wideman, President of the Delray Merchants Association, to amend the
repayment agreement governing the $30,000 reimbursable grant awarded in February 2002 for
the Annual "Soul of Delray" event, which will allow repayment over a three-year period in
$10,000 increments. Additionally, his request includes the approval of the new partnership
between the Delray Merchants Association and the Village Foundation in presenting this event.
Mayor Schmidt stated that if this is going to benefit the Village Foundation, he
feels the payment extension should be contingent on the partnership going forward.
Mr. Levinson moved to approve an amendment to the agreement between the City
of Delray Beach and the Delray Merchant's Association subject to the partnership agreement,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson -
Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with
a 4 to 0 vote.
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.
In response to a prior concern expressed by Ms. Sheppard about the poor
condition of her roof, the City Manager stated Ms. Sheppard applied for assistance through
Community Development with the understanding that she would be on a waiting list for 18
months. Ms. Sheppard asked if there were any other programs she could apply for to get her roof
repaired since she felt it was an emergency. The City Manager stated the Chief Building Official
and Mrs. Butler visited Ms. Sheppard's home and noted that the center part of the house is a
modular unit with wood frame and stucco additions on all four sides. The roof constructed with
the additions was not done to code and everywhere the new roof ties into the modular unit there
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is a problem. The slope of the roof is inadequate to handle the tile that was installed. The
transitions of the roof addition into the existing modular unit appear to be very inadequate. The
City Manager stated it is the opinion of staff that to correct the problem the entire roof would
have to be taken off and rebuilt. In addition, staff is concerned about water damage to the walls
of the modular unit and noted that this roof has been leaking for some time. The new roof would
cost approximately $20,000 with additional costs yet to be determined depending on the damage
to the interior modular unit walls. The maximum limit for the Bootstrap Program is $5,000. Ms.
Sheppard lives outside the CDBG target area and her total household income exceeds the
maximum allowed for participation in the Housing Rehab Program. The City Manager stated
Ms. Sheppard purchased her home one year ago and the inspection report completed by a
professional licensed company required by the bank stated the roof was in good condition with
no visible leaks. The City Manager stated staff strongly suggested that Ms. Sheppard pursue this
matter through the Legal Aid Society since she may have some recourse from what appears to be
a very inaccurate report.
In response to a prior concern expressed by Mr. Russell about evacuation plans
during the filming of the Bad Boys I! movie, the City Manager stated there was adequate
provision for evacuation. The City Manager explained that the Florida Department of
Transportation (FDOT) required the film company to prepare and submit to them a Hurricane
Evacuation Plan before they approved the permit for closing A-1-A.
In response to a prior concern expressed by Ms. Lerman about the problems
people were having getting into her preschool on Lake Ida Road, the City Manager stated
Captain Gillard is assessing the situation and working with the appropriate parties to address any
problems that they note and an updated report will follow.
With regard to a prior concern expressed about the Evaluation Committee that
was looking at the Arvida properties, the City Manager stated that a public notice was posted for
each meeting of the Evaluation Committee. The City Manager stated the Evaluation Committee
is a technical committee and although the public is welcome to attend the meetings, no public
input is sought at this stage. Furthermore, the City Manager stated the Committee will provide
its recommendation and the City Commission will consider this along with public input at
subsequent meetings. The City Manager stated in setting up the Committee an attempt was made
to be inclusive of third parties. As far as Country Manors is concerned, the City Manager stated
the City is aware of their issues and they will be addressed during the site planning process.
With regard to the Portable on Demand Storage (P.O.D.S.) containers, the City
Manager stated the legality of the P.O.D.S. was addressed last year and stated P.O.D.S. are
normally used by residents to move household furnishings associated with moving or providing
temporary storage during interior construction. The City Manager stated the containers are
delivered and placed on properties and picked up usually within ten days by the contracted
vendor. The City Manager stated it is relatively costly to rent the containers so there is only
limited use of them. The City Manager continued to state that staff does monitor the placement
and length of time the containers are in place.
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With regard to a prior concern expressed by Mr. Finkel about several issues
associated with relocating the high school, the City Manager explained that one of the things Mr.
Finkel stated was "he feels it is a conflict of interest to have the same law firm that the School
Board has..." The City Manager stated this is not the case and believes it would be a violation
of the Attorneys Code of Ethics in this particular situation.
At this point, the time being 7:00 p.m., the Commission moved to the duly
advertised Public Hearings portion of the agenda.
10.
PUBLIC HEARINGS:
10.A. RESOLUTION NO. 83-02: Approve Resolution No. 83-02 providing for the
transfer, conveyance, and lease of real property and acceptance of a Tri-Party agreement between
the City, Community Redevelopment Agency, and Delray Beach Public Library Association,
Inc. Prior to consideration of passage of this resolution, a public hearing has been scheduled to
be held at this time.
The caption of Resolution No. 83-02 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY
TO TRANSFER, CONVEY AND LEASE REAL PROPERTY IN
ACCORDANCE WITH THE TRIPARTITE AND INTERLOCAL
AGREEMENT BETWEEN THE CITY OF DELRAY BEACH
(THE CITY), COMMUNITY REDEVELOPMENT AGENCY
(CRA) AND THE DELRAY BEACH PUBLIC LIBRARY
ASSOCIATION, INC. (LIBRARY) AND THE 1NTERLOCAL
AGREEMENT BETWEEN PALM BEACH COUNTY
(COUNTY) , THE CITY, CRA AND THE LIBRARY (KNOWN
AS THE INTERLOCAL AGREEMENT FOR SHARED
PARKING), WHICH PROPERTY IS LOCATED AT 29 S.E. 4TM
AVENUE, DELRAY BEACH (CURRENT LIBRARY
ADDRESS) AND 132 WEST ATLANTIC AVENUE, DELRAY
BEACH (PROPOSED SITE), AS MORE PARTICULARLY
DESCRIBED HEREIN TO FACILITATE THE RELOCATION
OF THE PUBLIC LIBRARY.
(The official copy of Resolution No. 83-02 is on file in the City Clerk's office.)
This item has been pulled from the Agenda.
10.A.1. INTERLOCAL AGREEMENT: Approve an interlocal agreement between
City of Delray Beach, Community Redevelopment Agency (CRA), Delray Beach Public Library
Association, Inc. and Palm Beach County for shared parking regarding the relocation of the
library. Prior to consideration of passage of this item, a public hearing has been scheduled to be
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held at this time.
This item has been pulled from the Agenda.
10.B. ORDINANCE NO. 51-02: An ordinance modifying the Special Activities
District (SAD) ordinance and Silver Terrace Redevelopment Plan to allow Single Family
detached dwellings on lots lying within Blocks 2 and 3 of the Silver Terrace Subdivision fronting
on Dixie Highway (except corner lots) to take access from Dixie Highway. Prior to
consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has
been scheduled to be held at this time.
The caption of Ordinance No. 51-02 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
ORDINANCE NO. 39-96 WHICH ESTABLISHED THE
SPECIAL ACTIVITIES (SAD) ZONING DISTRICT FOR
CERTAIN LAND LOCATED IN THE SILVER TERRACE
SUBDIVISION, BY AMENDING SECTION 3, PARAGRAPH
5 TO ALLOW SINGLE FAMILY DETACHED DWELLINGS
ON LOTS LYING WITHIN BLOCKS 2 AND 3 OF THE
SILVER TERRACE SUBDIVISION WHICH ONLY FRONT
ON DIXIE HIGHWAY (EXCEPT CORNER LOTS) TO
TAKE ACCESS FROM DIXIE HIGHWAY; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 51-02 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning
Department project file #2002-355 into the record.
Mayor Schmidt declared the public hearing open. There being no one from the
public who wished to address the Commission regarding Ordinance No. 51-02, the public
hearing was closed.
Mr. Levinson moved to adopt Ordinance No. 51-02 on SECOND and FINAL
READING, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Schmidt - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion
passed with a 4 to 0 vote.
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10.C. ORDINANCE NO. 16-02 (ADOPTION HEARING FOR
COMPREHENSIVE PLAN AMENDMENT 2002-01): Consider on second reading an
ordinance adopting Comprehensive Plan Amendment 2002-01 and associated Future Land Use
Map (FLUM) amendments. 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. Amendment 2002-
01 includes:
The caption of Ordinance No. 16-02 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ADOPTING
COMPREHENSIVE PLAN AMENDMENT 2002-1
PURSUANT TO THE PROVISIONS OF THE "LOCAL
GOVERNMENT COMPREHENSIVE PLANNING AND
LAND DEVELOPMENT REGULATION ACT", FLORIDA
STATUTES SECTIONS 163.3161 THROUGH 163.3243,
INCLUSIVE; ALL AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" ENTITLED
"COMPREHENSIVE PLAN AMENDMENT 2002-1 AND
INCORPORATED HEREIN BY REFERENCE; PROVIDING
A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 16-02 is on file in the City Clerk's office.)
· Modification of Policy A-2.5 of the Future Land Use Element, relating to
updating the Land Development Regulations regarding non-conforming uses
to reflect a new completion date of FY 02/03.
· Eliminate Policy A-5.1 of the Future Land Use Element relating to updating
the Land Development Regulations for consistency with Comprehensive Plan
Amendment 97-1, (accomplished).
· Eliminate Policy A-5.6 of the Future Land Use Element regarding the need to
increase densities in the GC (General Commercial) Zone District,
(accomplished).
· Eliminate Policy B-i.1 of the Future Land Use Element regarding the
establishment of a neighborhood park in the Blood's Hammock Grove Area,
(accomplished).
· Modification of Policy C-4.2 of the Future Land Use Element in order to
acknowledge adoption of the Downtown Business Plan, and provide that all
future development will be consistent with the plan.
· Modification of Public Schools Facilities Table A-1.1 (Standards for Tiered
Level of Service) and Table A-1.2 (Maximum Utilization Table) to reflect the
most current available information from the Palm Beach County School
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Board.
Modification of Table CI-CIP of the Capital Improvement Element to reflect
changes associated with approved budget for FY 2002-03.
10.C.1. City initiated Future Land Use Map amendment from County CHO/8 (Commercial
High Office with residential density of 8 units per acre) and MR5 (Medium Residential, 5
units/acre) to City GC (General Commercial) and LD (Low Density, 1-5 du/ac), for eleven
parcels located north of Lake Ida Road, between Barwick Road and Military Trail.
10.C.2. City initiated Future Land Use Map amendment from County MR5 (Medium
Residential, 5 units/acre) to City LD (Low Density Residential, 1-5 du/ac) for the Winterplace
Subdivision (now known as the Colony at Delray Beach), located at the southeast corner of
Military Trail and the LWDD L-30 Canal.
10.C.3. City initiated Future Land Use Map amendment from MD (Medium Density, 5-12
du/ac) to CC (Commercial Core) for a property located on the east side of Gleason Street,
approximately 94 feet south of East Atlantic Avenue.
Dan Marfino, Principal Planner, stated this amendment is the first of the City's
twice a year annual amendment process. Comprehensive Plan Amendment 02-1 was transmitted
to the Florida Department of Community Affairs (DCA) for review following a public hearing
held by the City Commission on July 16, 2002.
At its meeting of May 20, 2002, the Planning and Zoning Board considered
Amendment 02-1 and recommended approval of the transmittal of the amendment to the Florida
Department of Community Affairs. After the review process, Mr. Marfino stated DCA declined
to issue an Objections Recommendations and Comments Report (ORC) concerning this
amendment and because of this the amendment did not need to go back before the Planning and
Zoning Board for a second reading.
Mr. Marfino stated the amendment now involves three City initiated Future Land
Use Map Amendments and seven text changes and briefly summarized each item.
Mayor Schmidt declared the public hearing open.
John Bennett~ President of Progressive Residents of Delra¥ (PROD)~ stated he
would like to commend staff for listing all the items on the Agenda that Comprehensive Plan
Amendment 2002-01 is being changed.
There being no one else from the public who wished to address the Commission
regarding Ordinance No. 16-02, the public hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 16-02 on SECOND AND FINAL
READING, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
Mayor Schmidt - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said
motion passed with a 4 to 0 vote.
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10/15/02
At this point, Mr. Levinson left the dais.
10.D. ORDINANCE NO. 49-02: An ordinance rezoning from County AR
(Agricultural Residential) in part, CG (General Commercial) in part, and RTU (Residential
Transitional Urban) to City PRD (Planned Residential Development) in part and PC (Planned
Commercial) in part for eleven parcels of land (54.5 acres) located north of Lake Ida Road,
between Barwick Road and Military Trail. Prior to consideration of this ordinance on Second
and FINAL Reading, a public hearing has been scheduled to be held at this time. (Quasi-Judicial
Hearing)
The caption of Ordinance No. 49-02 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING LAND
PRESENTLY ZONED COUNTY AR (AGRICULTURAL
RESIDENTIAL), GC (GENERAL COMMERCIAL) AND
RTU (RESIDENTIAL TRANSITIONAL URBAN)
DISTRICTS TO PRD (PLANNED RESIDENTIAL) AND PC
(PLANNED COMMERCIAL) DISTRICTS; SAID LAND
BEING 11 PARCELS LOCATED SOUTH OF THE L-30
CANAL, BETWEEN BARWICK ROAD AND MILITARY
TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, 2002"; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 49-02 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 Clerk swore in those individuals who wished to give testimony on this
item.
Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex
parte contacts were disclosed.
Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning
Department project file #2002-372 into the record.
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The subject property contains 11 unplatted parcels of land totaling 54.5 acres, and
is owned entirely by the City of Delray Beach. The proposal before the Commission is to apply
City zoning of PC (Planned Commercial) to 6.63 acres of the subject area with the remaining
47.87 acres receiving City zoning of PRD (Planned Residential Development). The proposed
zone districts are consistent with the Future Land Use Map designations as proposed by
Comprehensive Plan Amendment 02-1.
At its meeting of September 23, 2002, the Planning and Zoning Board considered
the request at a public hearing. After reviewing the staff report and discussion, the Board voted 5
to 0 (Krall and Pike absent), to recommend approval, based upon positive findings with respect to
Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the
Comprehensive Plan, and LDR Section 2.4.5(D)(5).
Mayor Schmidt declared the public hearing open. There being no one who
wished to address the Commission regarding Ordinance No. 49-02, the public hearing was
closed.
Mrs. Archer moved to adopt Ordinance No. 49-02 on SECOND and FINAL
READING, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 3 to 0
vote.
At this point, Mr. Levinson returned to the dais.
10.E. ORDINANCE NO. 50-02: An ordinance rezoning from County PUD (Planned
Unit Development) to City PRD (Planned Residential Development) for a 34.6 acre parcel, the
Winterplace Subdivision (now known as the Colony at Delray Beach), located at the southeast
corner of Military Trail and the L-30 Canal. Prior to consideration of this ordinance on Second
and FINAL Reading, a public hearing has been scheduled to be held at this time. (Quasi-Judicial
Hearing)
The caption of Ordinance No. 50-02 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING LAND
PRESENTLY ZONED COUNTY PUD (PLANNED UNIT
DEVELOPMENT) DISTRICT TO PRD (PLANNED
RESIDENTIAL) DISTRICT; SAID LAND BEING A 34.6
ACRE PARCEL LOCATED AT THE SOUTHEAST
CORNER OF THE L-30 CANAL AND MILITARY TRAIL,
AS MORE PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, 2002"; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 50-02 is on file in the City Clerk's office.)
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10/15/02
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.
item.
The City Clerk swore in those individuals who wished to give testimony on this
Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex
parte contacts were disclosed.
Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning
Department project file #2002-371 into the record.
The subject property is the plat of Winterplace (Plat Book 89, Page 179), recorded
in February of 2001. The site, now known as The Colony at Delray Beach, contains 151 zero lot
line detached single family homes, situated on 34.6 acres land.
At its meeting of July 16, 2002, the City Commission approved transmittal of
Comprehensive Plan Amendment 2002-1 (02-1), to the Department of Community Affairs for
review, and approved on first reading the voluntary annexation of the Winterplace Subdivision,
pursuant to a water service agreement dated March 8, 2000. Comprehensive Plan Amendment
02-1 included the assignment of the City's Future Land Use Map Designation of LD (Low
Density Residential, 0-5 du/ac), and zoning district of PRD (Planned Residential Development)
for the subject property, which are consistent with each other.
At its meeting of September 23, 2002, the Planning and Zoning Board considered
the request at a public hearing. The Board voted 5 to 0 (Krall and Pike absent), to recommend
approval based upon positive findings with respect to Chapter 3 (Performance Standards) of the
Land Development Regulations, policies of the Comprehensive Plan, and LDR Section
2.4.5(D)(5).
Mayor Schmidt declared the public hearing open. There being no one who
wished to address the Commission regarding Ordinance No. 50-02, the public hearing was
closed.
Mrs. Archer moved to adopt Ordinance No. 50-02 on SECOND and FINAL
READING, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mrs. Archer - Yes. Said motion
passed with a 4 to 0 vote.
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10/15/02
10.F. ORDINANCE NO. 52-02: An ordinance rezoning from R-i-AA (Single Family
Residential) to CBD (Central Business District) a parcel of land located on the north side of S.E.
4th Street, approximately 127 feet east of S.E. 6th Avenue (northbound Federal Highway)
associated with the Meridian Mixed-Use Development. Prior to consideration of this ordinance
on Second and FINAL Reading, a public hearing has been scheduled to be held at this time
(Quasi-Judicial Hearing)
The caption of Ordinance No. 52-02 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING LAND
PRESENTLY ZONED R- 1-AA (SINGLE FAMILY
RESIDENTIAL) DISTRICT TO CBD (CENTRAL
BUSINESS) DISTRICT; SAID LAND BEING A PARCEL
LOCATED ON THE NORTH SIDE OF SE 4TH STREET,
APPROXIMATELY 127 FEET EAST OF SE 6TH AVENUE
(NORTHBOUND FEDERAL HIGHWAY), AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 2002";
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 52-02 is on file in the City Clerk's office.)
This item was pulled from the Agenda.
10.G. RESOLUTION NO. 82-02: Approve Resolution No. 82-02 providing for the
transfer of a City owned parcel and acceptance of an interlocal agreement between the City of
Delray Beach and the Community Redevelopment Agency (CRA) for the acquisition of property
located along the east side of S.W. 5th Avenue just north of S.W. 2nd Street. Prior to
consideration of this resolution, a public hearing has been scheduled to be held at this time.
The caption of Resolution No. 82-02 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING
THE CITY TO TRANSFER REAL PROPERTY IN THE CITY
OF DELRAY BEACH, WHICH PROPERTY IS LOCATED
ALONG THE EAST SIDE OF S.W. 5TM AVENUE JUST
NORTH OF S.W. 2ND STREET, AS MORE PARTICULARLY
DESCRIBED HEREIN, TO THE DELRAY BEACH
COMMUNITY REDEVELOPMENT AGENCY TO BE
UTILIZED FOR THE RENAISSANCE HOUSING
PROGRAM.
(The official copy of Resolution No. 82-02 is on file in the City Clerk's office.)
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10/15/02
A public hearing was held having been legally advertised in compliance with the
laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
Mayor Schmidt declared the public hearing open. There being no one who
wished to address the Commission regarding Resolution No. 82-02, the public hearing was
closed.
Mrs. Archer moved to approve Resolution No. 82-02, seconded by Mr. Levinson.
Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote.
10.G.I. RESOLUTION NO. 81-02: Approve Resolution No. 81-02 authorizing the
Community Redevelopment Agency (CRA) to acquire property by eminent domain. Prior to
consideration of this resolution, a public hearing has been scheduled to be held at this time.
The caption of Resolution No. 81-02 is as follows:
A RESOLUTION OF THE CITY COMMISISON OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE
ACQUISITION OF CERTAIN REAL PROPERTY AS
HEREINAFTER DESCRIBED BY THE DELRAY BEACH
COMMUNITY REDEVELOPMENT AGENCY BY GIFT,
PURCHASE OR EM1NENT DOMAIN; PROVIDING AN
EFFECTIVE DATE, AND FOR OTHER PURPOSES.
(The official copy of Resolution No. 81-02 is on file in the City Clerk's office.)
A public hearing was held having been legally advertised in compliance with the
laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
Mayor Schmidt declared the public hearing open. There being no one who
wished to address the Commission regarding Resolution No. 81-02, the public hearing was
closed.
Mr. Levinson moved to approve Resolution No. 81-02, seconded by Mrs. Archer.
Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes;
Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote.
10.H. ORDINANCE NO. 42-02: An ordinance amending Chapter 2, "Administrative
Provisions", Article 2.4 "General Provisions" Section 2.4.3(K)(2) "Plan Check Fees", and
Section 2.4.3(K)(3) "Permit Fees", of the Land Development Regulations to provide for an
increase. Prior to consideration of this ordinance on Second and FINAL Reading, a public
hearing has been scheduled to be held at this time.
The caption of Ordinance No. 42-02 is as follows:
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10/15/02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SECTION 2.4.3(K)(2) "PLAN CHECK FEES"; AND
SECTION 2.4.3(K)(3) "PERMIT FEES", OF THE LAND
DEVELOPMENT REGULATIONS; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 42-02 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.
Mayor Schmidt declared the public hearing open. There being no one who
wished to address the Commission regarding Ordinance No. 42-02, the public hearing was
closed.
Mrs. Archer moved to adopt Ordinance No. 42-02 on SECOND and FINAL
READING, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion
passed with a 4 to 0 vote.
At this point, the Commission moved to Comments and Inquiries on Non-
Agenda Items from the Public.
11.B. From the Public.
ll.B.1. John Bennett, 137 Seabreeze Avenue, Delray Beach, stated several meetings
ago he asked the question about what could be done about the "Tow Away Zone" sign posted at
the entrance to the public parking lot at the corner of Andrews Avenue and Atlantic Avenue and
commented that he would like to revisit his question.
12.
FIRST READINGS:
NONE
13.
Comments and Inquiries on Non-A~enda Items.
13.A. City Manager.
With regard to a concern expressed by Mr. Perlman about the noise generated
from motorcycles on A-1-A and Atlantic Avenue, the City Manager stated staff has posted
several signs in areas where the City has received complaints and the two district commanders in
the Police Department involved have been advised to make enforcement a priority. Furthermore,
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10/15/02
the City Manager stated staff will try and track the number of violations cited and include those
in their monthly reports.
The City Manager stated the consultant that has been looking at the site for an
entry feature on Atlantic Avenue has produced some drawings and noted that there are two
options. The City Manager stated his understanding is that both options are being reviewed by
FDOT and are acceptable to them. The City Manager stated these options will be presented to
the Downtown Master Plan Committee.
With regard to landscaping on the sides of Lake Ida Road, the City Manager
stated he has nothing in his files to indicate any kind of commitment. The City Manager stated if
the entire length of Lake Ida Road is landscaped this would be approximately 9,000 feet per side
or $63,000 per side at $7.00 per foot. The City Manager stated there are funds available in the
Beautification Fund that can be used if the Commission chooses to do so.
Mr. Levinson suggested that some landscaping be accommodated where
appropriate and stated there may be some opportunities for an occasional tree and shade on the
sidewalk.
With regard to the Ion Exchange Facility, the City Manager stated staff noticed
that in using the ASR Well when they got to the point where there was an increase in the
chloride levels the quality of the water coming out of the Water Treatment Plant improved. The
City Manager stated staff is continuing to investigate this process and staff's present intention
unless otherwise directed is to delay doing anything more on the Ion Exchange Plant other than
finishing the design and going through the permitting process. The City Manager stated nothing
will be done toward construction for approximately five or six months. The other process would
cost $20,000 to implement and about $150,000 per year in operating costs as opposed to $4.5
million from the Ion Exchange Plant.
13.B. City Attorney.
The City Attorney had no comments or inquiries on non-agenda items.
13.C.
13.C.1.
City Commission.
Commissioner Levinson
Mr. Levinson stated that Commissioner Perlman attended Bob Evans funeral
today and commented that he was a terrific volunteer. In addition, Mr. Levinson noted that Mr.
Evans was buried in his Citizens Observer Patrol (C.O.P.) uniform.
Secondly, Mr. Levinson commended Ms. McCarthy and staff for their efforts in
coordinating the 2nd Annual Black Elected Officials Gala held in Delray Beach. Mr. Levinson
congratulated Ms. McCarthy, staff, and the volunteers who helped with the event. Furthermore,
Mr. Levinson stated the Marriott did a spectacular job and commented that the food was terrific.
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10/15/02
Mr. Levinson stated that the Multi-Cultural Festival was a great event and
commended the Police Department for helping to make the event a huge success.
Mr. Levinson suggested that the City invite neighborhoods from around the
community on a meeting-by-meeting basis to present some of their plans and to help build pride
in some of these areas as was done with the Sudan neighborhood.
Mr. Levinson announced Project #08628206 (RFP) by the School Board of Palm
Beach County for the construction of the new Atlantic High School and stated proposals are due
on November 11, 2002. Mr. Levinson stated the selection of a General Contractor will be made
on November 27, 2002, and construction will be completed by the 2005 school year.
Mr. Levinson commented about the meeting scheduled for October 23, 2002,
from 12:00-3:00 p.m. regarding bus shelters.
Mr. Levinson commented about an article in The Palm Beach Post on Sunday
about Ivan Ladizinsky and his ability to bring the Nightline crew to Delray Beach.
Mr. Levinson stated the Homecoming Parade for Atlantic High School will be
held on Thursday, October 17, 2002 at 6:00 p.m. on Atlantic Avenue as part of Jazz on the
Avenue.
13.C.2.
Commissioner McCarthy
Ms. McCarthy stated she saw an article in The Palm Beach Post regarding a
woman who designed a scarf for the Cancer Society. Ms. McCarthy stated she is an international
renowned designer and has the scarf and handbag on Exhibit at Lori Durante's Exhibit of hats,
handbags, and gloves at Old School Square. Ms. McCarthy stated because of an award this
designer will be receiving this year, Delray Beach will receive national coverage because a
special shoot will be done of Ms. Durante's Exhibit.
Secondly, Ms. McCarthy commented that the Multi-Cultural Festival held over
the weekend was a wonderful success.
Ms. McCarthy stated the Bahamian Association of South Palm Beach County had
their Gala as well and they had a visiting dignitary who made a presentation. Ms. McCarthy
stated on behalf of the City Commission and staff, they welcomed the dignitary.
Ms. McCarthy stated Representative James Harper, Jr. is organizing an early
voting day on Saturday, October 26, 2002. Ms. McCarthy continued to state people will be
marching from Military Trail and Southern Boulevard to the Supervisor of Elections Office and
will have the opportunity to vote.
Ms. McCarthy thanked the City Manager, Assistant City Manager, and staff for
their doing a marvelous job with the Gala and extended a special thanks to Tracey Sweeney,
Executive Assistant. Ms. McCarthy stated the event was a 520 seat sellout and was an enormous
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10/15/02
success. Ms. McCarthy commented about the beautiful table decorations that were donated and
feels it is through the relationships people have throughout the community that made a profound
difference.
13.C.3. Mayor Schmidt
Mayor Schmidt publicly thanked Ms. McCarthy and staff for coordinating the 2nd
Annual Black Elected Officials Gala.
13.C.4.
Commissioner Archer
Mrs. Archer stated she too feels Ms. McCarthy did an excellent job with
coordinating the 2nd Annual Black Elected Officials Gala and thanked staff for representing our
City so well. Mrs. Archer commented that the table decorations were donated by Andy Easton
(who works with the Delray Beach Orchid Society) from his private collection.
Secondly, Mrs. Archer stated she is sorry she missed the Multi-Cultural Festival
and she is making plans now to be sure she is in attendance next year.
There being no further business, Mayor Schmidt declared the meeting adjourned
at 7:45 p.m.
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Regular City Commission Meeting held October 15, 2002,
which Minutes were formally approved and adopted by the City Commission on
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City Clerk
10/15/02
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they are not
the official Minutes of the City Commission. They will become the official Minutes only after
review and approval which may involve some amendments, additions or deletions as set forth
above.
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10/15/02
success. Ms. McCarthy commented about the beautiful table decorations that were donated and
feels it is through the relationships people have throughout the community that made a profound
difference.
13.C.3.
Mayor Schmidt
Mayor Schmidt publicly thanked Ms. McCarthy and staff for coordinating the 2nd
Annual Black Elected Officials Gala.
13.C.4.
Commissioner Archer
Mrs. Archer stated she too feels Ms. McCarthy did an excellent job with
coordinating the 2nd Annual Black Elected Officials Gala and thanked staff for representing our
City so well. Mrs. Archer commented that the table decorations were donated by Andy Easton
(who works with the Delray Beach Orchid Society) fi:om his private collection.
Secondly, Mrs. Archer stated she is sorry she missed the Multi-Cultural Festival
and she is making plans now to be sure she is in attendance next year.
There being no further business, Mayor Schmidt declared the meeting adjourned
at 7:45 p.m.
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Regular City Commission Meeting held October 15, 2002,
s were formally approved and adopted by the City Commission on
City Clerk
-23-
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 aRer
review and approval which may involve some amendments, additions or deletions as set forth
above.
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1 O~ 15/02