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02-04-03FEBRUARY 4~ 2003 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor David W. Schmidt in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, February 4, 2003. 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 - David T. Harden, City Manager Susan A. Ruby, City Attorney Barbara Garito, City Clerk 2. The opening prayer was delivered by Dr. Howard Meridy, Delray Beach Police Department and Delray Beach Fire Department. Chaplain for the o The Pledge of Allegiance to the flag of the United States of America was given. o AGENDA APPROVAL. Mr. Perlman Payment/Me,an South~ Inc. Agenda as Item 9.AA. requested that Item 8.D. Change Order No. 2/Final be moved from the Consent Agenda and moved to the Regular Mrs. Archer requested that Item 8.C. Acceptance of Ri~ht-of-Wa¥ Deed/Dynalife Offices be removed from the Consent Agenda and moved to the Regular Agenda as Item 9.A.A.A. Mr. Levinson moved to approve the Agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. APPROVAL OF MINUTES: Mayor Schmidt noted that although he was absent from this meeting the opening and closing reflect his name and should be replaced with Vice Mayor Perlman. The City Clerk so noted the correction. Mrs. Archer moved to approve the Minutes of the Regular Meeting of January 21, 2003, as amended, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. PROCLAMATIONS: 6.A. Recognizing and commending Steve Zickl - Ocean Rescue Division - Parks and Recreation Department Employee of the Year for 2002, and Johnny Haynes - Parks Maintenance Division and Alberta Gaum-Rickard - Administration/Recreation Division as Parks and Recreation Top Employees of the Year 2002 Mayor Schmidt read and presented a proclamation recognizing and commending Steve Zickl, Johnny Haynes, and Alberta Gaum-Rickard, Parks and Recreation Employee of the Year for 2002 for his dedication and service to the community of Delray Beach and the Parks and Recreation Department. Joe Weldon, Director of Parks and Recreation, introduced and recognized Steve Zickl, Johnny Haynes, and Alberta Gaum-Rickard for a job well done. 6.B. Recognizing and commending the Delra¥ Beach Youth Vocational Charter School Students Mayor Schmidt read and presented a proclamation to the following students of the Delray Beach Vocational Charter School Jeauude Raymouvil, Leiaudra Farrell, Yomel Williams, Mel Brumaire, Dyana Daceus, Wiglud Clerisier, Maxu Daceus, Gregory Leaks, Maurice Mervilus, Yves Paul, Larry Pierre-Val, and Joseph Raymonvil who were encouraged by their instructors to "Do something good for the holidays". Jeanude Raymonvil decided to do something special for Marguene St. Juste who was attacked by two Rottweiler mix dogs. The students all came together and are to be commended for their persistence, spirit, and effort. PRESENTATIONS: 7.A. School Readiness Coalitiom Inc. - Commissioner William Moss. William Moss, Chairman of the Palm Beach County School Readiness Coalition, Inc., stated there are thirty-eight municipalities in Palm Beach County and only two municipalities stepped up to take care of the children of the working poor within their community. Mr. Moss stated the School Readiness Coalition was formed by the State Legislature in 1999 and part of the act requires local governments and local offices to pay six percent of the cost of the care for the early childhood education for the subsidized portion for the children of the working poor within their community. Mr. Moss stated that Delray Beach is paying the entire six percent and he feels this is remarkably commendable. Mr. Moss presented the City Commission with a plaque which states "Thank You for Stepping Up For the Young Children of Delray Beach". -2- 02/04/03 7.B. Community Neighborhood Helping~ Inc. - Edith Thompson Edith Thompson, Founder of Community Neighborhood Helping, Inc. stated Community Helping, Inc. and its Board would like to thank the Commission for all their assistance. Ms. Thompson stated Community Neighborhood Helping would like to continue to create environments for helping those less fortunate. Ms. Thompson stated the organization is requesting the financial support of the City in the amount of $150,000 to rehab a center for community neighborhood helping. The property will be used as an After School Care and Adult Activities Center for residents of S.W. 12th and 13th Avenues. Mayor Schmidt asked what the total cost of the project is to rehabilitate this building. Ms. Thompson stated the estimated cost is $225,000. Mayor Schmidt asked what other sources of funding they have at this time. Ms. Thompson stated $20,000 has been promised to them as a donation. Ms. Thompson stated they have applied for grants but they are pending. Ms. Thompson continued to state one grant is for $20,000, one grant is for $30,000 and they also plan to have fundraisers. Ms. McCarthy asked Ms. Thompson if she is aware of the fact that there are Federal monies available and that they are looking for ways to spend these dollars. Ms. Thompson stated she has not applied for any Federal funding and has only applied for County dollars and through Foundations. Mayor Schmidt suggested that Ms. McCarthy get with Ms. Thompson and point her in the right direction. Mr. Levinson stated there has been discussion about a senior center in the southwest and it looks as though the Catherine Strong Center is not going to be vacated as quickly as they originally had thought. If we can work out some methodology by with we potentially have Langton work with Ms. Thompson for some grant requests and look at some of the monies that Lula Butler might have available through some grants. Mr. Perlman stated Lisa King from Langton and Associates will be in town a week from today and concurs with comments expressed by Mr. Levinson. Mr. Perlman asked what the size of the structure is. In response, Ms. Thompson stated the structure is 2,200 square feet or larger. Mr. Perlman stated according to Ms. Butler's memo a large part of the costs will be the conditions imposed through the site plan process. Ms. Thompson stated the costs will be for parking, landscaping, etc. Mayor Schmidt stated the City will certainly give Ms. Thompson all the help they can with technical assistance (i.e. grant application assistance) and also take a look at it as the mid-year budget is reviewed and see what we may be able to do this year to assist her. Mayor Schmidt stated it sounds like a great project. 7oCo Kokomo Key Homeowners' Association - Bonnie Kuliian. Bonnie Kuljian, Kokomo Keys Homeowners' Association, stated everything on North Federal Highway is fine and things are going great. Ms. Kuljian stated there are a lot of new buildings, property values are expanding, and the Kokomo Key homeowners' appreciate all -3- 02/04/03 the hard work the City has done. However, Ms. Kuljian expressed concern over a motel that they wanted to turn into a sober house which has now changed its variance to a rooming house. Ms. Kuljian stated there was a situation with one of the businesses on North Federal Highway and noted that with the help of Commissioner Levinson, the Police and Code Enforcement everything has been resolved. Ms. Kuljian thanked Tom Meteer, Code Enforcement Supervisor, for all his input and help. On a personal note, Ms. Kuljian stated she brought her granddaughter this evening so she could see government in action and see people that have honor, integrity, and dignity and who have a purpose for community. Ms. Kuljian thanked the Commission and stated the City of Delray Beach is a great city for children. go CONSENT AGENDA: City Manager Recommends Approval. 8oao RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their Quarter Annual Meeting of January 16, 2003. 8ogo SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD FUNDING/RECLAIMED WATER SYSTEM EXPANSION: Authorize funding in the amount of $44,000.00 to South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB) for funding of a consulting contract with Hazen Sawyer for design and construction services for the first phase of the Reclaimed Water System Expansion project. Funding is available from 441-5181-536-63.95 (Water/Sewer). 8oCo MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.E. FINAL PAYMENT/RPM GENERAL CONTRACTORS, INC.: Approve final payment in the amount of $5,394.33 to RPM General Contractors, Inc. for the completion of the ESD/Police Department Interior Modifications Project. Funding is available from 441- 5123-536-34.90 (Water/Sewer Fund/Other Contractual Services). 8oFo INTERLOCAL AGREEMENT BETWEEN THE PALM BEACH COUNTY SCHOOL BOARD AND CITY OF DELRAY BEACH: Approve an Interlocal Agreement between the Palm Beach County School Board and the City of Delray Beach for the use and maintenance of recreation fields adjacent to N.E. 3rd Avenue behind Plumosa Elementary School. 8.G. CONSENT TO ASSIGNMENT/JAMES CRYSTAL DELRAY BEACH, INC.: Approve Consent to Assignment with James Crystal Delray Beach, Inc. which will acquire Quality Broadcasting Corporation lease for telecommunications/radio transmitting tower purposes for the City of Delray Beach. -4- 02/04/03 g.H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 21, 2003 through January 31, 2003. g.I. AWARD OF BIDS AND CONTRACTS: o Contract award to National Waterworks (US Filter Distribution) in the amount of $28,053.46 for materials for the NW l0th Avenue Water Main Improvements Project. Funding is available from 442-5178-536-63.50 (Water/Sewer Renewal & Replacement/Water Mains). Bid award to Sports Turf One, Inc. in the amount of $21,731.00 for the landscape maintenance of two (2) baseball fields at Pompey Park. Funding is available from 001-4131-572-34.90 (General Fund/Other Contractual Services). Contract award to RPM General Contractors, Inc. in the amount of $163,561.20 for the Community Teen Center Skate Park Project. Funding is available from 117-6111-572-63.40 (Recreational Improvements). Mrs. Archer moved to approve the Consent Agenda as amended, 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. o REGULAR AGENDA: 9.A.A. CHANGE ORDER NO. 2/FINAL PAYMENT/MEGAN SOUTH, INC: Approve Change Order No. 2 in the amount of $64,000.00, and final payment in the amount of $152,309.10 to Megan South, Inc. for the West Atlantic Avenue Beautification Project. Funding is available from 334-3162-541-65.49 (General Construction Fund/West Atlantic Avenue Beautification). Mr. Perlman inquired about the addition of $64,000. In response, Mr. Hasko stated this represents a negotiated settlement with the contractor and includes additional maintenance of traffic, barricading, and remobilization. Mr. Hasko stated there was a delay were the contractor actually demobilized off the project although there was some maintenance of traffic in place through the period while we were waiting for FPL to come in and remove the power poles. Furthermore, Mr. Hasko stated there was also some delay with regard to the traffic signal. Mr. Perlman moved to approve Change Order No. 2 in the amount of $64,000, and final payment in the amount of $152,309.10, to Megan South, Inc., seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.A.A.A. ACCEPTANCE OF RIGHT-OF-WAY DEED/DYNALIFE OFFICES: -5- 02/04/03 Approve and accept a right-of-way deed associated with Dynalife Offices, located on the east side of N.E. 1st Avenue between N.E. 1st Street and N.E. 2nd Street, within the Old School Square Historic Arts District (OSSHAD). Mrs. Archer inquired about the location of the sidewalk. In response, Paul Dorling, Director of Planning and Zoning, stated the sidewalk exists and is outside the current right-of-way. Therefore, Mr. Dorling stated with this dedication it will put the sidewalk in the right-of-way. Mrs. Archer moved to approve the right-of-way deed associated with Dynalife Offices, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.A. DHARMA HOLDINGS~ LTD.: Consider a request from Dharma Holdings, Ltd. to utilize their temporary parking lot located on Block 86 for special event parking for City approved and private sector events. Quasi-Judicial Hearing The City Attorney suggested that this item be conducted as a quasi-judicial hearing and asked the City Clerk to swear in all the witnesses and Mr. Dorling. The City Clerk swore in those individuals who wished to give testimony regarding the waiver request. Paul Dorling, Director of Planning and Zoning, stated in October 1998, pursuant to LDR Section 2.4.6(H)(3)(d), Dharma Holding LTD. was issued a temporary parking lot permit on their property located on the south side of S.E. 1st Street between S.E. 3rd Avenue and the FEC Railroad. LDR Section 2.4.6(H)(3)(d)5 allows the renewal of the temporary permit for a maximum of three years. Extensions were approved and the three year maximum expired on October 2, 2001. At its meeting of December 4, 2001, the applicant's request failed to receive approval with a 2-3 vote (Commissioners Levinson, McCarthy and Perlman dissenting). LDR Section 2.4.6(H)(3)(d)7 requires restoration of the lot to is original state within thirty days of the expiration of the permit. The applicant is requesting a waiver to LDR Section 2.4.6(H)(3)(d)7 requiring the property be restored so the lot may be utilized for parking during special events. The utilization of the lot in its current condition for special events provides a safer more stable surface than sod which is the basis for support of this waiver. This request is being brought before you for reevaluation based on recent concerns expressed through the Government Affairs Committee and local business owners that the elimination of this lot for special event parking would be detrimental to both local businesses and the organizations holding these events in the City. At its meeting of January 27, 2003, the Parking Management Advisory Board unanimously recommended approval of the applicant's request. -6- 02/04/03 Mayor Schmidt asked the Commission to disclose any ex parte contacts. Mr. Perlman stated he was at the Government Affairs Committee Meeting when this was discussed. In addition, Mr. Perlman stated he believes this was discussed at the Chamber Board Meeting when he was present. Mrs. Archer stated she was also at the Government Affairs Committee Meeting and the Parking Management Advisory Board Meeting where it was discussed. No ex parte contacts were disclosed by Mayor Schmidt, Ms. McCarthy, and Mr. Levinson. Mayor Schmidt declared the public hearing open. Lhisa Almash¥~ representing Dharma Holdings~ Ltd. (resides at 510 Lavers Circle~ Apt. #162~ Delra¥ Beach)~ stated during several meetings they have discussed with the Joint Venture and the Chamber of Commerce the use of the parking lot for special events. Ms. Almashy stated although there have been no commitments for the future it has been well received given ideas for events (i.e. First Night and other health fairs that are partnering in collaboration with the Milagro Center). The City Clerk swore in the following individual: Virginia Snyder~ 38 S. Swinton Avenue~ Delray Beach~ urged the Commission to allow Dharma Holdings, Ltd. to keep the parking lot and commented that parking is desperately needed in the City. There being no one else who wished to address the Commission, the public hearing was closed. Mr. Levinson inquired if this is the first time that anyone has gone past the three years. In response, Mr. Dorling stated that Mr. Levinson is correct. Since the time that we discussed this until now has anyone else gone beyond the three years? In response, Mr. Dorling stated that no one else has gone beyond the three years. The City Manager stated there is a distinction that if it is approved as a temporary lot then it can be used every day and in this case they are only asking for special events. Mrs. Archer commented that the reason this item is before the Commission is to make some potential use out of the parking lot instead of letting it go because Dharma refuses to upgrade it. In response, Mr. Dorling stated the option at the end of the three years is to either restore it to its original condition or to bring it up to standards for a full parking lot which Dharma has declined to do. Ms. McCarthy asked Mr. Dorling what needs to be done to this lot in order for it to be a permanent lot. In response, Mr. Dorling stated one half of the lot is not paved and the north half has shell rock on it and there would be a pavement surface that would have to be provided, there would have to be landscape islands and trees put in internal for the parking lot. Mr. Dorling continued to state that the portion that is not paved would have to have the shell rock paving and landscaping put in. Ms. McCarthy asked if people have been safely parking on -7- 02/04/03 this lot to this date. Mr. Dorling stated this lot has been utilized as a parking lot since approved in October 1998. Mr. Perlman moved to approve the waiver request from Dharma Holdings, Ltd. allowing their former temporary parking lot located on Block 86 to remain in its current condition and the site be utilized for parking for special events as defined above not exceeding five days in duration and that they are open to the general public, seconded by Mrs. Archer. Prior to the vote, John Romano, Independent General Counsel for Dharma, N. Patrick Circle, West Palm Beach, stated perhaps this will be discussed in the near future with the City to make this into some type of facility that would make sense for everyone (i.e. a parking facility/permanent structure). Mr. Romano stated this would certainly be longer than six months but hopes it would not go beyond two years. After brief discussion with regard placing a time frame the Commission made an amendment to the motion to read as follows: Mr. Levinson suggested that the motion be amended to include that it not exceed two years. Mr. Perlman moved to approve the waiver request from Dharma Holdings, Ltd. allowing their former temporary parking lot located on Block 86 to remain in its current condition and the site be utilized for parking lot for special events as defined above not exceeding five days in duration and that they are open to the general public; and, that it not exceed two years, 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.B. EMINENT DOMAIN/BLOCK 77: Consider authorizing the making of an offer in eminent domain proceedings in the amount of $80,000.00 and a "quick take" of property in regards to the North 16' of Lots 7 and 13 of Block 77. The City Attorney stated as required by Florida Statutes, this item is for the Commission to authorize the making of an offer in eminent domain proceedings in the amount of $80,000 to the appropriate parties jointly. Mr. Levinson moved to approve the making of an offer in eminent domain proceedings in the amount of $80,000, 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. 9.C. SOUTH FLORIDA BLACK PAGES: Consider approval of a request to purchase an ad from South Florida Black Pages promoting black owned businesses in Palm Beach County. -8- 02/04/03 The City Manager stated this is a request from South Florida Black Pages to place an ad in their 2003 edition. The City Manager continued to state this not a budgeted item and noted that there is enough money in the special event contingency account for the cost of a lA page ad but in order to do this it would require approval of the City Commission. Mayor Schmidt asked how many copies were circulated last year. Andrew Luchey, Publisher of South Florida Black Pages, stated approximately 20,000 were circulated in 2002 and approximately 25,000 copies will be circulated in 2003. Mrs. Archer expressed concern that while she wants very much to support this she feels it might be prudent for the City to suggest a 1/3 page ad at this time due to budget restraints and then perhaps next year the ad be a little larger. Prior to the vote, Mr. Levinson asked when the book closes. In response, Mr. Luchey stated the book actually closes on February 20, 2003. Mr. Levinson asked if the TED Center will be advertising in the South Florida Black Pages. The Commission was informed that they indeed were taking out a 1/3 page ad for 2003. Mr. Levinson suggested that extra books be provided to keep at City Hall to give out and also send the books to some of the contractors and vendors that the City has that may use the book for subcontractors. Mrs. Archer moved to approve the purchase of a 1/3 page ad in the amount of $425, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 6:50 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 3-03: An ordinance amending Chapter 101, "Parks, Beaches, and Recreation", of the City Code of Ordinances by amending Section 101.24, "Traffic Regulations", to prohibit the use, operation, and propelling of parasails, parachutes, and hang gliders on the City's municipal beach. If passed, a public hearing will be scheduled for February 18, 2003. The caption of Ordinance No. 3-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE IX, "GENERAL REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING CHAPTER 101, "PARKS, BEACHES AND RECREATION", BY AMENDING SECTION 101.24, -9- 02/04/03 "TRAFFIC REGULATIONS", IN ORDER TO PROVIDE FOR THE SAFETY OF CITIZENS AND TOURISTS ENJOYING THE CITY OF DELRAY BEACH' S MUNICIPAL BEACH BY PROHIBITING THE USE, OPERATION, AND PROPELLING OF PARASAILS, PARACHUTES AND HANG GLIDERS ON THE MUNICIPAL BEACH SITE; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 3-03 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Prior to the vote, Mrs. Archer stated she understands the TED Center has recently assisted a new business in starting that dealt with parasailing and they are operating in Boca. Mr. Levinson suggested that Ivan Ladizinsky, Public Information Officer distribute information about this ordinance and other ordinances which are forthcoming in order to get correct information out to the public. Mr. Levinson continued to state that this ordinance is actually to prohibit the use, operation, and propelling of parasails, parachutes and hang gliders on the municipal beach site not to approve it. The City Manager concurred with Mr. Levinson. Mr. Levinson moved to approve Ordinance No. 3-03 on FIRST Reading, 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. 12.B. ORDINANCE NO. 4-03: An ordinance amending Chapter 91, "Animals", of the City Code of Ordinances by amending Sections 91.20, "Running At Large" and 91.28, "Impoundment; Disposition", to amend the definition of "At Large" and provide consistency for grounds of impoundment. If passed, a public hearing will be scheduled for February 18, 2003. The caption of Ordinance No. 4-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING TITLE IX, "GENERAL REGULATIONS," OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING CHAPTER 91, "ANIMALS", SECTION 91.20, "RUNNING AT LARGE", PROVIDING FOR THE AMENDMENT OF THE DEFINITION OF AT LARGE; BY AMENDING CHAPTER 91, "ANIMALS", SECTION 91.28, "IMPOUNDMENT; DISPOSITION", PROVIDING FOR CONSISTENCY WITH THE AMENDED DEFINITION OF RUNNING AT LARGE; PROVIDING A SAVINGS CLAUSE, -10- 02/04/03 A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 4-03 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mayor Schmidt stated this is a continuing issue and he received some comments from the Seacrest Homeowners' Association about some dogs they have had problems with in that neighborhood also. Mayor Schmidt continued to state he asked the City Attorney'office to research this and see how the City might be able to tighten up the ordinance. Mayor Schmidt stated the ordinance requires that a dog be on a leash eliminating the voice control. Mayor Schmidt noted a typographical error to Section 91.28 - Impoundment; Disposition and stated the word "upon" should also have a strikethrough because it belongs with the other language that has been deleted. Therefore, Mayor Schmidt stated this section should read "Any dog found running at large .... " Mr. Levinson stated he hopes people understand that this is a significant change for the better and commented this is also an issue where the word needs to get out that people have had enough with voice control and that it is time to go to a leash, cord or secure fence. Mrs. Archer stated she concurs with comments expressed by Mr. Levinson and stated in her neighborhood she has had problems with dogs under voice control attacking her dogs that are on a leash. Mr. Levinson moved to approve Ordinance No. 4-03 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager. ll.A. City Manager's response to prior public comments and inquiries. With regard to a comment at the last meeting about the City not having restrictions on tree trimming for trees on the properties of single family homes built prior to 1990, the City Manager stated staff is in the process of rewriting the landscape code and this can be revised to include all single family properties if the City Commission wishes to do so. The City Manager stated the City has some limitations on the manpower to enforce the regulations but staff will look at this. In addition, the City Manager stated the permits are not required for tree trimming so if a tree is trimmed incorrectly then sometimes the City is in the position of what to do at that point. The City Manager continued to state that the City had cited some small trees recently hat racked on N.E. 4th Street between the railroad and Federal Highway and noted that this is not single family property. However, the City Manager stated the City will require -11- 02/04/03 the property owners to remove and replant those trees and noted that these trees are directly under the power line. The City Manager stated in some cases the City is not sure what to do and therefore noted that this will be addressed in the revision and suggestions will be forthcoming. Mrs. Archer stated she has noticed that some people take a saw and hack on their own tree(s). Mrs. Archer stated she does not think people understand that this weakens a tree so that when a hurricane comes along the tree is endanger of falling over. Mrs. Archer suggested that there be some kind of program explaining what needs to be done appropriately for the homeowner. At this point, the time being 7:00 p.m. the Commission moved to Item 10, Public Hearings. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 1-03: An ordinance amending Chapter 35, "Employee Policies and Benefits" of the City Code of Ordinances by amending Section 35.056 "Designation of Personnel as Critical to Security" to provide for fingerprinting and background checks for private contractors, vendors, repair, and delivery personnel with access to publicly operated facilities within municipalities designated as critical to security. 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. 1-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", BY AMENDING SECTION 35.056, "DESIGNATION OF PERSONNEL AS CRITICAL TO SECURITY", TO PROVIDE FOR FINGERPRINTING AND BACKGROUND CHECKS FOR PRIVATE CONTRACTORS, VENDORS, AND REPAIR AND DELIVERY PERSONNEL WHO HAVE ACCESS TO ANY PUBLICLY OPERATED FACILITIES, WHICH ARE DESIGNATED AS CRITICAL TO SECURITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 1-03 is on file in the City Clerk's office.) At this point, Ms. McCarthy left the dais. -12- 02/04/03 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. 1-03, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 1-03 on Second and FINAL Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. At this point, Ms. McCarthy returned to the dais. 10.B. ORDINANCE NO. 2-03: An ordinance amending Chapter 34, "Elections", of the City Code of Ordinances by amending Section 34.03, "Notice of Elections", to provide for publishing of notices in accordance with the law. 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. 2-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 34, "ELECTIONS", HEADING, "GENERAL CONDITIONS", OF THE CODE OF ORDINANCES, BY AMENDING 34.03, "NOTICE OF ELECTIONS", TO PROVIDE FOR PUBLISHING OF NOTICES IN ACCORDANCE WITH LAW, FOR ADDITIONAL NOTICES AND FOR POSTING OF CERTAIN NOTICES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 2-03 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. 2-03, the public hearing was closed. Mr. Perlman moved to adopt Ordinance No. 2-03 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission 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. -13- 02/04/03 10.C. ORDINANCE NO. 47-02 (FIRST READING/TRANSMITTAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2003-01): Consider on first reading an ordinance adopting Comprehensive Plan Amendment 2003-01 and associated Future Land Use Map (FLUM) amendment, and authorize transmittal to the State Department of Community Affairs. Prior to consideration of passage of this ordinance on First Reading, a public hearing has been scheduled to be held at this time. Amendment 2003-01 includes: 10.C.1. Privately initiated Future Land Use Map amendment from LD (Low Density Residential, 0-5 du/ac) to CC (Commercial Core) for a 0.025 acre 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. The caption of Ordinance No. 47-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2003-1 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 2003-1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 47-02 is on file in the City Clerk's office.) · Modification of the definitions' section of the Public Schools Facilities Element, by adding numerous new definitions. · Modification of Policy B-2.1 of the Future Land Use Element, regarding Concurrency, to add specific language with respect to Public School Concurrency Review. · Modification of Policy A-2.4 of the Future Land Use Element, regarding the location of the automobile dealerships, to decrease the area which dealerships should be directed to, as a result of a rezoning which expanded the CBD (Central Business District). · Modification of the Inventory and Analysis section of the Coastal Management Element to reflect the recent completion of the Beach Renourishment Project. · Modification of the Introduction and Summary of Major Features (Planning Area subsection), Objective B-3 and Policies B-3.1 and B-3.2 of the Future Land Use Element, all regarding the provision of services to land within the -14- 02/04/03 planning area. The City Attorney read the caption of the ordinance. Dan Marfino, Principal Planner, stated Comprehensive Plan Amendment 0-1, previously known as Comprehensive Plan Amendment 02-2, was transmitted to the Florida Department of Community Affairs (DCA) for review following an adoption public hearing held by the City Commission on December 3, 2002. DCA staff reviewed the amendment and declined to process it, as the City had already adopted two (2) comprehensive plan amendments during the 2002 calendar year. It had been previously understood that the twice yearly limit applied to an amendment's effective date (45 days after adoption), versus the adoption date. In order to comply with State Statutes, it is now necessary to readopt the same amendment and associated ordinance, in the current calendar year. Mr. Marfino stated no items in this amendment have been added, deleted, or modified and Amendment 03-1 includes on privately initiated Future Land Use Map amendment and five City-initiated text changes. At its meeting of September 23, 2002, the Planning and Zoning Board considered Amendment 03-1 (as 02-2) at a public hearing and recommended approval of the transmittal of the amendment to the Florida Department of Community Affairs. As DCA declined to issue an ORC report regarding this Amendment, it was not necessary for the amendment to be brought before the Planning and Zoning Board again, and consequently it is proceeding directly to the City Commission for adoption. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to give testimony regarding Comprehensive Plan Amendment 2003-01, the public hearing was closed. Mr. Perlman moved to adopt Ordinance No. 47-02 on FIRST Reading/Transmittal Hearing for Comprehensive Plan Amendment 2003-01, 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. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the Public. 11.B. From the Public. ll.B.1. Maureen Turner~ 1010 Del Harbour Drive~ Delra¥ Beach~ expressed concern over the Linton Boulevard Bridge and stated people who live north and south of the bridge are being kept up all hours of the day and night due to the traffic noise. Ms. Turner stated that Palm Beach County has done noise control over the Spanish River Bridge, the Atlantic Avenue Bridge and the Boynton Beach Bridge. She noted that Linton Boulevard has four major corners of traffic and a lot of traffic from around town is directed to Linton Boulevard. Ms. Turner continued to state that there are homes on the market both in Tropic Isles and in Del Harbour and -15- 02/04/03 people cannot sell them. Ms. Turner stated this is an urgent problem and urged the Commission to look into this matter. Secondly, Ms. Turner stated the U.S. Government has spent a lot of time, effort and money to try to get the handicap out to work. Ms. Turner stated along Federal Highway she does not see any covered area for people who are waiting for a bus and expressed concern over the need for bus shelters in the community and emphasized that these shelters be handicap accessible. The City Manager stated the City has identified a number of sites and applied for a grant to have these bus shelters built. The City Manager continued to state that as of late this afternoon the grant for all thirty-nine bus shelters has been approved and noted that the shelters will be handicap accessible. Lastly, Ms. Turner stated she sees in the paper that Boca Raton is now joining up with Highland Beach on the Intracoastal to the south line of Delray Beach to keep the boats from speeding up to the Linton Bridge. Ms. Turner stated the boats now speed to the Linton Bridge then hit their brake and coast north of the bridge up to Atlantic Avenue Bridge. Ms. Turner urged the City to get together with Highland Beach and Boca Raton and not stop the speeding at the south line of Delray but go through to the north line of Delray. Furthermore, Ms. Turner stated she feels everyone south of the Linton Bridge is being neglected. ll.B.2. Terrence Rothmam (homeless)~ stated the Delray Beach Police Department notified a local church about him being on church property and then arranged to have him removed. Mr. Rothman stated a trespass warning was issued and he was told not to come back onto church property. Mr. Rothman stated information has become available about the church in question that the Delray Beach Police Department themselves notified the church about him and initiated the action resulting in him being given a trespass warning. Mr. Rothman stated he feels this is something other than the separation of church and state it is the planned attempt of the police to influence and guide church policy. Therefore, Mr. Rothman urged the Commission to consider having an initiation board to handle problems within the City limits which are of an ethical or of a moral nature but which do not require the Police to resolve the conflict. ll.B.3. Lhisa Almash¥~ Executive Director of the Milagro Center~ stated the Milagro Center is a community center and the biggest program is the After School Program called Standing Together Achieving Recognition and Success (STARS). Ms. Almashy stated there are eleven children out of the 33 currently attending who are on special education plans. Ms. Almashy stated they just received partnership through Starbucks for a $10,000 grant. Ms. Almashy stated the program is Kindergarten through 5th grade and they are seeking funding for a youth leadership program so that they can continue to enhance the STARS Program through middle school and high school children. Speaking as a former board member of the Milagro Center, Mr. Perlman stated Lhisa has done a fabulous job with bringing creativity to the organization. -16- 02/04/03 ll.B.4. Chris Metzger, 1734 Del Haven Drive, Delray Beach, stated he lives at the north end of the Linton Bridge and commented that he enjoys driving over Palmetto Park Road and Spanish River Road and not having any noise affecting any of the neighborhoods. Mr. Metzger stated he understands the traffic issue on the road but noted as soon as the tires hit the grid it echoes down the entire area and the noise is almost unbearable. With regard to deadening the noise on the bridge, Mr. Metzger urged the Commission to look into this issue so that the residents can enjoy the same benefits as Boca Raton. At this point, the Commission moved to ltem 13, Comments and Inquiries on Non-Agenda Items. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager. The City Manager stated at the last meeting Mr. Levinson asked about whether we would support the idea of all the trucks on 1-95 be in the right lane only. The City Manager stated staff does have reservations about this because they feel it would increase the potential with accidents because of people merging into the right lane as they come onto the interstate. Therefore, the City Manager stated staff would not recommend supporting. The City Manager stated that he has already reported on the bus shelters and reiterated that the City is excited to get all the bus shelters funded and is anxious to start building the bus shelters as soon as we can. 13.B. City Attorney. The City Attorney had no comments or inquires on non-agenda items. 13.C. 13.C.1. City Commission. Commissioner Archer Mrs. Archer stated she is very pleased to see that the bus shelters have been approved. She suggested that there be some kind of notification to the public that the bus shelters are approved so that we can make sure people understand that after waiting so long the bus shelters will now be built. Secondly, Mrs. Archer stated she understands that Representative Slosberg has put a bill through the legislature that will limit trucks 24 hours a day to the two left lanes on the interstate. Mrs. Archer stated the trucks are currently limited to the daylight hours to the two right lanes and this will mean that at night the trucks will only be able to go to those two right lanes as well. 13.C.2. Commissioner Perlman -17- 02/04/03 Mr. Perlman stated he and Commissioner Levinson attended the Carver Estates Youth Program last night where they had a drug essay contest. Mr. Perlman commented about how impressed he was with the essays and stated it was very poignant because they talked a lot about their own personal experiences with people that they knew who were struggling with substance abuse. Mr. Perlman stated he asked some of the officers if they can bring those individuals who entered the drug essay contest to the Commission Meeting of February 18, 2003, to read the winning essay so that the children will be encouraged to continue. Secondly, Mr. Perlman stated he understands that the Volunteer Program was on the front page of the National edition of The Wall Street Journal (February 3, 2003). Mr. Perlman stated he would like to follow-up on a comment he made a couple of weeks ago regarding the entrance to Lake Forest South. Mr. Perlman stated he received another call from them saying that neighbors have begun to replace trees at their own expense. Mr. Perlman suggested that the Association be alerted to wait so they will not have to incur any expense out of their pockets. The City Manager stated that the contractor is obligated to do this. Mr. Perlman stated he attended an Honor Roll Breakfast at Banyan Creek Elementary School this morning. He noted that Banyan Creek Elementary School and Toussaint L'Ouverture High School performed at the Kaleidoscope Festival in West Palm Beach last weekend. Mr. Perlman stated older children worked with younger children and their theme was a multicultural celebration and they did an entire tribute to Moshi, Tanzania and won the most creative exhibit. Mr. Perlman stated the City will be contacted by Wilner Athouriste regarding Haitian Flag Day. Lastly, Mr. Perlman stated that Loretta McGhee, Deputy City Clerk and Officer Shirley Palmer have both been ill and they are in his thoughts. The City Manager reported that Shirley Palmer has recovered to the point where she has been sent home. Mr. Perlman commented about a newspaper article that ran in the Sun-Sentinel this morning regarding Rich Olson. Mr. Perlman stated Rich Olson, Interim Director of Public Works, has been a fabulous addition to the staff and he is very proud of him. 13.C.3. Mayor Schmidt Mayor Schmidt stated when he was in Washington he met with staff from Congressman Wexler, Congressman Shaw, and Congressman Hastings office regarding the Federal funding for the Water Reuse Project at the Water Treatment Plant. Mayor Schmidt continued to state that the meetings were very productive and they were all favorable in their response. Mayor Schmidt noted that Congressman Shaw's office said that they would like to try and get funding for the City with regard to the Water Reuse Project. Mayor Schmidt stated they were receptive to the idea that the plant expansion would be phased. -18- 02/04/03 Secondly, Mayor Schmidt stated he played in the Del Aire Golf Tournament to raise money for the Fire and Police Department. Mayor Schmidt stated they broke their record again this year and commented that they raised $56,000 (gross) and $43,000 (net). 13.C.4. Commissioner McCarthy Ms. McCarthy had no comments or inquiries on non-agenda items. 13.C.5. Commissioner Levinson Mr. Levinson commented about the article in The Wall Street Journal and noted it not only talks about Delray but also talks about Boynton Beach. Mr. Levinson stated he had the pleasure of meeting Gordon Stanley who is one of the volunteers who serves on Delray's Home Front Security and read a quote from the article into the record. Secondly, Mr. Levinson stated he was a little distressed with the response Palm Beach County sent to Randal Krejacrek, City Engineer regarding the 4th of July and the 8th Street Bridge being closed. The City Manager stated the City is asking Palm Beach County to move the project of closing the bridge to a later date. Mr. Levinson stated he spoke to Anne Gannon at the Chamber lunch and she mentioned to him about the Senior Aid Program and he suggested that the City utilize a similar program. Mr. Levinson reiterated comments expressed by Mr. Perlman regarding the Carver Estates Program. Mr. Levinson stated he would like to recognize Officer Michael Coleman, Sergeant Javaro Sims and Officer Jeff Messer of the Police Department who go above and beyond their call of duty by spending a lot of their own time with the children. Mr. Levinson stated he will write them a Thank You and would like to ensure that this is noted in their personnel file. Lastly, Mr. Levinson congratulated Ben Perlman (Commissioner Perlman's son) making the Honor Roll. There being no further business, Mayor Schmidt declared the meeting adjourned at 7:45 p.m. ATTEST: City Clerk MAYOR -19- 02/04/03 The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on February 4, 2003, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. -20- 02/04/03 Secondly, Mayor Schmidt stated he played in the Del Aire Golf Tournament to raise money for the Fire and Police Department. Mayor Schmidt stated they broke their record again this year and commented that they raised $56,000 (gross) and $43,000 (net). 13.C.4. Commissioner McCarthy Ms. McCarthy had no comments or inquiries on non-agenda items. 13.C.5. Commissioner Levinson Mr. Levinson commented about the article in The Wall Street Journal and noted it not only talks about Delray but also talks about Boynton Beach. Mr. Levinson stated he had the pleasure of meeting Gordon Stanley who is one of the volunteers who serves on Delray's Home Front Security and read a quote fi.om the article into the record. Secondly, Mr. Levinson stated he was a little distressed with the response Palm Beach County sent to Randal Krejacrek, City Engineer regarding the 4th of July and the 8th Street Bridge being closed. The City Manager stated the City is asking Palm Beach County to move the project of closing the bridge to a later date. Mr. Levinson stated he spoke to Anne Gannon at the Chamber lunch and she mentioned to him about the Senior Aid Program and he suggested that the City utilize a similar program. Mr. Levinson reiterated comments expressed by Mr. Perlman regarding the Carver Estates Program. Mr. Levinson stated he would like to recognize Officer Michael Coleman, Sergeant Javaro Sims and Officer Jeff Messer of the Police Department who go above and beyond their call of duty by spending a lot of their own time with the children. Mr. Levinson stated he will write them a Thank You and would like to ensure that this is noted in their personnel file. Lastly, Mr. Levinson congratulated Ben Perlman (Commissioner Perlman's son) making the Honor Roll. at 7:45 p.m. There being no further business, Mayor Schmidt declared the meeting adjourned City Clerk ATTEST: MAYOR -19- 02/04/03 The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on February 4, 2003, which Minutes were formally approved and adopted by the City Commission on February 1St 2003 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 as set forth above. -20- 02/04/03 Sun-Sentinel Document Delivery Page 1 of 2 Copyright 2002 Sun-Sentinel PROJECT OPPONENT BUYS PART OF SITE By Leon Fooksman Staff Writer A multimillionaire developer and philanthropist has spent nearly three years and $1 million waging a legal battle against a controversial apartment and retail complex planned for downtown Now, Thomas Worrell has bought a tiny strip of land within the proposed construction area of Delray Beach's $36 million Worthing Place in hopes of further stirring up the development plans and blocking the project from moving forward. Worrell's company, Delray Beach-based Dharma Properties, bought about 4,300 square feet along the northern boundary of the development site. The Block 77 Development Group of Boca Raton plans to build 219 upscale apartments and 12,300 square feet of retail space behind Worthing Park on East Atlantic Avenue between Southeast First and Second avenues. But city officials are trying to determine whether Dharma Properties' acquisition is legitimate. They are reviewing the property's history to see whether the three people who sold the property to Dharma Properties actually owned the land. Even if Worrell's company does own the land, the city could condemn it and try to acquire it through court action, a process that could further delay the project. "There's a lot of questions here that need to be answered," said City Attorney Susan Ruby, who expects to find out whether Dharma Properties owns the land. Worrell, a former newspaper executive, owns numerous properties on Southeast First Street and Swinton Avenue, including the Sundy House restaurant. He opposes the Worthing Place project because he thinks it is too big and out of character with downtown. He makes no secret of his plans to continue looking for ways to block the project in its current form. "It's self-evident what I'm doing," Worrell said. "1 don't care how we slow them down as long as it's legal." Shortly after the commission approved the project in 2000, Dharma Properties filed three lawsuits against the city. They alleged commissioners acted improperly when they supported the size of Worthing Place, violated the city's land ordinances, and failed to follow city rules in disclosing that they had spoken with residents and the complex's developers. The city won the court challenges, but Dharma Properties has two appeals pending in federal court. The city has spent nearly $50,000 in legal fees to defend itself against the Dharma Properties' lawsuits. Worrefl said the developers tried earlier this year to get him to drop the appeals by agreeing to trim the size of the complex and move a 207-space parking garage accompanying the project to a different spot downtown. He said he was seriously considering the settlement when the idea was pulled from the negotiating table. Gerald Richman, an attorney representing Block 77, said the developers decided not to alter the original project. "There's nothing on the table," Richman said. "Our clients weren't amenable to many changes. There's too much tremendous potential for this project." Block 77 and their supporters have argued that the project would generate significant tax revenue and attract long-sought-after downtown residents to give the commercial strip a 24-hour vitality. If he loses his legal challenges, Worrell said he would consider filing more lawsuits against the city and individuals. He wouldn't disclose the legal tactics that might be used in that situation. http ://163.194.165.78/cgi-bin/save2.cgi?DBLIST=f102&DOCNUM=59944&TERMV= 160:8:543 2/4/03 Sun-Sentinel Document Delivery Page 2 of 2 He said he severed ties with some of his lawyers who originally brought the legal challenges because he considered them too politically entrenched to continue with his cases. He said he is considering asking them to pay back his legal fees. "I've got enough potential lawsuits to last another 100 years," Worrell said. "This is not just dollars and cents for me. I've spent a lot of money to do something nice to Delray, and I'd hate to see a bunch of politicians ruin it." Leon Fooksman can be reached at Ifooksman@sun-sentinel.com or 561-243-6647. Publication Date: Friday, October 25, 2002 Section: LOCAL Edition: Palm Beach Page: 1B Dateline: DELRAY BEACH Publication: SOUTH FLORIDA SUN-SENTINEL Caption: Keywords: LAND DEVELOPMENT PROPOSAL SALE http://163.194.165.78/cgi-bin/save2.cgi?DBLIST=flO2&DOCNUM=59944&TERMV=160:8:5.43 2/4/03 W ;WALL STREET JOURN ""'~'"-'-'. © 2003 Dow Jones ~ Company. All Rights Reserved MONDAY, FEBRUARY 3, 2003 - VOL. CCXLI NO. 23 - ** $1.00 Boynton Beach Dotes On Its Big Contingent Of 'Alte-Coppers ' Florida Relies on the Elderly To Help With Police Work; Sleep Tight in Leisureville By J~-rrRr~ Z,~SLOW BOYNTON BEACH. Fla.-For 15 years, Paul Slavin has been volunteering at this city's police department-cruising the streets as a citizen patrolman and inputting auto-theft reports on a police computer. One day last month, he sat in his police chief's office and was told how invaluable be is to the department's op. eratlons. %Ye may need you 10 more years. Maybe longer,* said Chief Mar- shall B. Gage. "You can't ever quit. That's an order." Mr. Slavin listened dutifully. "OK," he said. "I'll do my' best." Then the 95-year-old retired shuffled back to his stack of stolen. car reports. ff you're a crimi- nal in South Flor- ida, you've surely noticed that more and more alte-kock. ~t~ (Yiddish for old. timers) have be- come "alte-cop. pers." And they're Paul $1avin leading a national trend. Senior citizens are volunteering for police forces in recold numbers, says the Senior Corps, a federal service program. They're aiming radar guns, taking finger- prints and watching out for terrorists. In recent years, hundreds of senior-policing programs have been created ad{uss the country, with retirees donating 'millions of hours. On many sh'-'~rt-handed .police forces, they*ye become indispensable, espe- cially in Florida where some of the earli* est programs started. Here in Boynton Beach, 1,537 SChiSts now volunteer, up 260% since 1998. Last year, they logged 45,113 hours on the Citizen Observer Pa- trol, freeing up officers for more crucial duties. Would-be crooks are accustomed to seeing gray-haired grannies in cruis- ers, their eyes peering just above their steering wheels, their fingers always ready to call headquarters il they spot trouble. In nearby Delray Beach, 70 senior vol- unteers now write 99% of the cgy's park- ing tickets-about i0,000 a year Meanwhile, 16 World War ii veter- ans, decked out in berets and ascots, serve as Delray's Homefront Security force, checking public buildings for sus- picious activities. The elite force was established after this community learned that seven Sept. llth hijackers lived in Defray. Police forces nationwide have been contacting Delray asiong how to involve their own seniors in home-front security:'- "The .Greatest Generation knows what it's like to volunteer. They've changed the way we do policing,* says Defray Officer Skip Brown, who oversees them. He worries that baby boomers won*t offer their services when they re- tire. "Baby boomers say, 'I pay $6,000 a year in taxes. You get you~ a- out there!'" Police departments icnow that eventu- ally, they'll need volunteer reinforce. ments, as age claims its casualties. "We've lost 200 volunteers since 1995," says Officer Brown. "I go to a lot of funer- als." Many seniors say their police work helps keep them alive. Mr. Slavtn, origi- nally a New Yorker, moved to Florida 28 years ago as a 67-year-old retiree. "Wl~en I got here, my contemporaries sat in the clubhouse and twiddled their lives away," he says. "Now they're all gone." But Mr. Slavin lives on, proud o! his uniform, reveling in his police work. gives you a sense of belonging," he says. Joe Bakerman, 79, a Defray volunteer, agrees. "ff you Just sit awund like an alter. kocker, you want to die and your wife is ready to smack you," he says. "This gets Please Turn to Page Ail. Column ~ blONDAY, FEBRUARY 3, 200.3 B mto.n, "Beach Dotes ,.- k'. , ~ : . . , -~ i. On fbi0 'Contingent Of 'Alte-Coppers ' ¢ontfnaed From Fi'fsi Page , me out of th4 house. You know what m wife calls it? Daycare." Some cops were at first uncom~o~ able having old-timers around, b many now appreciate them. Of tours officers do notice that some seniors az cop wanna-bes. After learning to sho( guns in training! programs, "they sa,. 'OK, what kind of arrest powers do hove?' "says Dave Kundrot, who head: question his authority. "They say, 'You old f-t.' What are you going to do to me?' Some of those soccer moms, I have the urge to wash their mouths out with rtain police forces :offer bullet- ve. sts to. vOl/mteers,'but for some; the .rL~r~f* h~e part of the thrill/It'~'a~'fot more e, .~x~ifl~ating than ~.early-bird,spe- cials. · -- .-' -- -:~- - -~ '-,~ :. 'We're not worried about danger," says Gordon Stanley, 80, who serves on Delray's Homefront Security force. "At our age, .who cares? We've lib'ed a life. I/ 'We might be up in weapons against local criminals. Once, when condominium parking lots were hit by a rash of car break-ins, police flooded the city's condo complexes with seniors in .slow.moving patrol cars, the~' yellow lights flashing. One loL. though,-was purpo~.l~t left d. ark ithd ~s.eemingly unguarded. T.h,~-s where the"- real' lxdice waited,lq a hidden stake:j OUt,*' 'The burglars took the bait," says Del-. ray Police Capt. Ralph Phillips. 'We chauneled them right into that parking lot. I~ took just one day.* {3rateful cops now work around se- niors' schedules. 'It astounds me how l busy these people are," says Officer John Huntington, who oversees Boyu- the Citizens Police Academy Associa, atr~, ]-~,,{-,,~,r'~,tr~a ort~] ton's vol~tee~. "They've got bridge, lion. "We tell ~em, 'You have no axest~ ~5~* ~u~ ~ ~J~o ~'~ golf, computer club, di~er plus at 4 ~wers, but you c~ ~ o~ eyes and~ onr~ nr~ ~i]] ~ ~ p.m." It's a new world when a cop's e~s'" ~ ............ ~ master sched~e depends on mahdongg T~eir duties vary. Some dflve/ ~n,re [~n~r~mon ~.~ to~naments. aro~d looking for wandering ~zhe-/~do ~ ........... ~ ~' Oi course, usually, the seniors see ~mer's patients. Others foc~ on their~ . ~ .. jlittle action. On one recent.night at pet ~eve-abuses of handicapped park-{ - /the 900-home Boynton Lelsure~lle in~ spaces. In Minnesota, a' retired n~lit's over, it's over. Send ~ in inste~ ad~t community, George ~itbeck, travels ~th ~lice to co~sel auto-actS- lth~ ~ ~ ~ dent ~ctims at the scene. In L~nwo~, ~One recent morning. Mr. Stanley 82, and Thomas Klmgerman, 73, cruised the streets. They didn't see a Wash., seniors cruise local parks deal- and Leo Freeman, 85, headed out on a human being until they came upon a lng with what they call "lovers-lane situ- Homefront Security mission, touring 96-year-old woman pushing a walker ations." public buildings. They checlted air-oondi- very slowly as she carried a bag of Lynnw~d police give lessons in "vet- t~jgning--urtits-f-oF'-c"~-~c.-'~e ,~r ~-.~.~ge out of her garage. They bas judo -assertive communicaJj~r~- other signs of tampering. They gave b]~ could-fi'~p her, police rules forbid techniques senior~ need to interafA~with hellos to all the ladies, volunteers fl)xget out of their patrol belligerent citizens. The old-timers do At the City Hall information desk, Sa- cars. But they~ shouted small-talk to get chewed out, especially w}ten they rah Nowell, 33, saluted the two men. 'It's her out the car window as she inched issue tickets. They're sometid{es told-: my way of letting them know I respect her wa~ curb. "Go home and play with'your gi~ndchil- them," she said. . ~_.~--.---~'{3'~ving off, they pointed out which dreu? Reese Hogle, 79, was ~. A Iota columnist nearby homes had been burglarized. "I "Does an ambulance follow your patrol moci~ed Defray Beach for sending de:est people who take advantage of the car just in case?" California Highway Patrol volunteer David Gold, 74, loved riding shotgun last month as an officer drove to an emer- gency at 120 miles an hour. But usually, Mr. Gold handles tralfic duty at local schools as parents drop off kids. *It's nasty," he says. 'People don't care who they cut off, where they park." Some "Grandma and Grandpa" to fight al qaeda, but these men reject such slights. They're hardened patriots, stockily built and wise to bad guys. Mr. Freeman, who fought the Nazis in Nor- mandy, sees it this way: 'We might be up in age, but our eyes and ears are still good." Delray seniors are already potent elderly," said Mr. Whttbeck, a tank com- mander during World ',Var II. "I fought for this country, and by God, I'm not going to let a bunch of ruffians take over." The flashing yellow hght on top of his patrol car slapped against home after home. It was another safe night in Lei- sureville.