03-13-03MARCH 13~ 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
6:02 p.m., Thursday, March 13, 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
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Barbara Garito, City Clerk
2_ The opening prayer was delivered by Rabbi Ira Brawer, Ayts Chayim Messianic
Synagogue and member of the Delray Beach Clergy Association.
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The Pledge of Allegiance to the flag of the United States of America was given.
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AGENDA APPROVAL.
Mayor Schmidt noted the addition of Item 9.H., Delra¥ Beach Economic Self-
Sufficiency Initiative to the Regular Agenda by addendum.
Mr. Perlman 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:
Mrs. Archer noted a correction to the Minutes of the Regular Meeting of February
18, 2003. She stated for better clarification on page 16 (first paragraph) that the word "hurt"
should be changed to read "chase and herd anything that moves".
Mr. Levinson moved to approve the Minutes of the Regular Meeting of February
18, 2003, as corrected, seconded by Mrs. Archer. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes.
Said motion passed with a 4 to 0 vote (Ms. McCarthy was not present at the meeting of February
18, 2003 and therefore did not vote).
Mrs. Archer moved to approve the Minutes of the Special Meeting of February
24, 2003, 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.
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PROCLAMATIONS:
6.A. Recognizing and commending the Toussaint L'Ouverture High School
Students
Mayor Schmidt read and presented a proclamation hereby recognizing and
commending the students of Toussaint L'Ouverture High School for Arts and Social Justice for
their cooperative spirit, creativity, tremendous effort and accomplishments in producing the
Delray Beach Flower Festival.
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PRESENTATIONS:
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2001/2002 Comprehensive Annual Financial Report - Ernst & Young
Ciro L. Buttacavoli, partner in charge of the Annual Audit for the City of Delray
Beach, introduced Michael Pattillo, Manager with Ernst & Young and acknowledged Mr.
Safford and the Finance Department for their excellent cooperation and assistance for completing
the audit. Mr. Buttacavoli stated Federal and State regulations require municipalities like the
City of Delray Beach to have an annual audit. Ernst & Young statements in the Comprehensive
Annual Financial Report cover the general purpose financial statements, the schedule of federal
and state financial assistance, compliance with laws and regulations and internal control. Mr.
Buttacavoli stated the audit was conducted with all of these standards mentioned and the result of
the audit is that the City of Delray Beach has received an unqualified or clean opinion on its
financial statements which is the highest form assurance that an external auditor can give with
respect to the financial statements.
Michael Pattillo, Senior Manager with Ernst & Young gave a brief overview of
the Comprehensive Annual Financial Report (CAPR) for fiscal year ending September 30, 2002.
He explained that the first section of the audit is the introductory section which includes a
transmittal letter prepared by the City staff and has a good discretion of some of the financial
activities that took place in the fiscal year 2001/2002. Mr. Pattillo stated the next section is the
financial section which includes the opinion of Ernst & Young with regard to the City's financial
statements as well as the financial statements. Mr. Pattillo emphasized that the focus should be
on the General Fund because this is the primary operating fund of the City. In particular there is
a statement in the CAPR that shows a budget versus actual comparison for the General Fund.
Mr. Pattillo stated the next section is the statistical section which has a great deal of information
on more of a trend basis over a ten year period in terms of property taxes, general revenues,
expenditures, and debt. The last section is the Compliance Section which includes the schedule
of expenditures of federal awards and state financial assistance. Mr. Pattillo reiterated the
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overall opinion with regard to the City's compliance with Federal grant programs was
"unqualified" or "clean" opinion.
7.8.
Handover/Wind¥ Creek Homeowners' Association - Jake Epperson
This presentation has been postponed to a later date.
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Art in Public Places - Rich McGloin
Rich McGloin, Chairman of the Public Arts Task Force, recognized and
commended a few members of the Arts in Public Places Task Force in addition he publicly
thanked Paul Doffing, Joe Safford, Brian Shutt and Susan Ruby for their professionalism and
hard work. Mr. McGloin stated last August the City Commission passed a resolution to
implement the Public Arts Task Force and noted that the task presented by the Commission was
complete and therefore the Task Force has sunset. Mr. McGloin presented the Commission with
a draft ordinance with guidelines how to establish the Delray Beach Arts Council, Inc. and how it
will be administered.
Brief discussion followed by the Commission and Mr. McGloin.
Mr. Perlman asked Mr. McGloin if this ordinance was modeled after other cities
across the country. In response, Mr. McGloin stated this is correct but emphasized that no city
has done what the City of Delray Beach is doing. Mr. Perlman thanked Mr. McGloin for all his
hard work.
Mrs. Archer commended Mr. McGloin for all his efforts and stated she is very
impressed with his work.
Mr. McGloin stated the Public Arts Task Force feels the ordinance is now ready
to go through the approval process and is requesting that the Commission by consensus send this
to the Planning and Zoning Board for review and approval so that the ordinance can then come
back in its final form for first and second reading.
It was the consensus of the Commission to move forward with this ordinance.
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CONSENT AGENDA: City Manager Recommends Approval.
8.A. RESOLUTION NO. 12-03: Approve Resolution No. 12-03 assessing costs for
abatement action required for the emergency board-up of an unsafe structure located at 24 N.W.
7th Avenue.
The caption of Resolution No. 12-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8,
"UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT
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REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING
COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE
BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF
DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY
THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING
THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE
DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS;
PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND
DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE
MAILING OF NOTICE.
(The official copy of Resolution No. 12-03 is on file in the City Clerk's office.)
8.B. AMENDMENT NO. 4/INTERLOCAL AGREEMENT: Approve Amendment
No. 4 to the interlocal agreement between the City of Delray Beach and the City of Boynton
Beach regarding Annex I, Section 3, "Failure of Meters" changing the basis for billing in the
event of meter failure from the daily average of three preceding months to seven preceding days.
8.C. ACCEPTANCE OF HOLD HARMLESS AGREEMENT: Approve and
accept a hold harmless agreement between the City and Richard F. Roehm to allow for the
installation of a fence in the public right-of-way, located at 2300 Dixie Highway.
8.D. RESOLUTION NO. 14-03: Approve Resolution No. 14-03 abandoning a
portion of the 16 foot north/south alley right-of-way lying within Block 2, Atlantic Pines, located
on the north side of West Atlantic Avenue, between N.W. l0th Avenue and N.W. 11th Avenue.
The caption of Resolution No. 14-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF THE 16 FOOT
NORTH/SOUTH ALLEY RIGHT-OF-WAY LYING WITHIN
BLOCK 2, ATLANTIC P1NES, AS MORE PARTICULARLY
DESCRIBED HEREIN, BUT RESERVING AND RETAINING
TO THE CITY A UTILITY EASEMENT OVER THE ENTIRE
AREA THEREOF, AS MORE PARTICULARLY DESCRIBED
(The official copy of Resolution No. 14-03 is on file in the City Clerk's office.)
8.E. ACCEPTANCE OF EASEMENT DEED/PLAZA AT DELRAY: Approve
and accept an easement deed for the Plaza at Delray, located at the northwest corner of Linton
Boulevard and South Federal Highway.
8.F. FINAL PAYMENT/DRILLING SERVICES, INC.: Approve final payment to
Drilling Services, Inc. in the amount of $8,099.79 for the completion of the Reconstruction of
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Drinking Water Well #26 Project. Funding is available from 442-5178-536-61.82 (Well
Rehabilitation/Replacement & Upgrade).
8.G.
CHANGE ORDER NO. 1/FINAL PAYMENT/PIONEER CONTRACTING,
INC.: Approve Change Order No. 1 in the amount of $2,282.93 and final payment in the
amount of $15,002.69 to Pioneer Contracting, Inc. for the completion of the Delray Shores
Sidewalks and Traffic Calming Project. Funding is available from 334-6111-519-63.89 (General
Construction Fund/Neighborhood Enhancements).
8.H.
FDOT GENERAL USE PERMIT & HOLD HARMLESS AGREEMENT/
OLD PALM GROVE: Authorize the City to act as the general use permit applicant for the
existing water main connection within the state right-of-way (located on the southeast corner of
Federal Highway and Royal Palm Boulevard) and approve a Hold Harmless Agreement with the
developer (New Urban/RFC Developers, L.L.C.).
8.1. PALM BEACH COUNTY AGREEMENT: Approve an agreement between
the City of Delray Beach and Palm Beach County in the amount of $450,000.00 for the design
and installation of landscaping, irrigation, sidewalks, and curbing for the NW/SW 5th Avenue
Project.
8.J. HOUSING REHABILITATION GRANT\CONTRACT AWARD: Approve
Housing Rehabilitation grant\contract awards through Community Development Division in the
amount of $23,940.00 to Preston Construction (16680 S.W. 8th Avenue), $12,400.50 to South
Florida Construction (218 S.E. 1st Avenue), $12,547.50 to Henry Haywood (311 S.W. 8th Street).
Funding is available from 118-1924-554-49.19 (SHIP Housing Rehabilitation Grant).
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. 13th Avenue.
This brings the number to 151 homeowners assisted under the Renaissance Program. Funding is
available from 118-1924-554-83.01 (SHIP Program).
8.L. RESOLUTION NO. 15-03: Approve Resolution No. 15-03 opposing the
reduction of approximately $94.5 million in funds for affordable housing programs.
The caption of Resolution No. 15-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, OPPOSING THE PORTION
OF GOVERNOR BUSH'S PROPOSED FISCAL YEAR 2003-
2004 BUDGET THAT ELIMINATES THE STATE HOUSING
TRUST FUND AND THE LOCAL GOVERNMENT HOUSING
TRUST FUND AS DEDICATED FUNDING SOURCES, AND
REDUCES BY APPROXIMATELY $94.5 MILLION THE
FUNDS AVAILABLE FOR AFFORDABLE HOUSING
PROGRAMS; AND PROVIDING FOR AN EFFECTIVE DATE
UPON APPROVAL.
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(The official copy of Resolution No. 15-03 is on file in the City Clerk's office.)
8.M. GRANT ACCEPTANCE/FEDERAL COPS IN SCHOOLS: Approve and
accept the Federal COPS in Schools grant award in the amount of $125,000.00 with a local cash
match of $32,557.00 providing funding for a School Resource Officer position for the Village
Academy for a three (3) period. Funding is available from 001-2119-521-Various
Administrative Accounts/General Fund Police District 2.
8.N. SPECIAL EVENT REQUEST/DELRAY AFFAIR: Approve a special event
request from the Chamber of Commerce to allow the Delray Affair to be held on April 25-27,
2003; including a temporary use permit per LDR Section 2.4.6(H) for street closures of Atlantic
Avenue from NW/SW 1st Avenue to the Intracoastal Waterway and blocking access to Atlantic
Avenue on each side street in this area at the alley running parallel to Atlantic Avenue; waiver of
LDR Section 4.6.7(D)(3)(j)(ii) to allow event signage to be placed more than one week prior to
event, staff support for security and traffic control, contingent upon specified staff
recommendations contained in 2/26/03 memo and the receipt of a hold harmless agreement and
certificate of liability insurance.
8.0. ACCEPTANCE OF EASEMENT DEEDS/ART AND GLASS
ENVIRONMENTS: Approve and accept easement deeds to allow for the encroachment of a
public sidewalk and a public access easement along the west side of the property, adjacent to an
alleyway, for Art and Glass Environments, located at 440 S.E. 5th Avenue.
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REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period February
18, 2003 through March 7, 2003.
8.Q.
AWARD OF BIDS AND CONTRACTS:
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Bid award to Chaz Equipment, Inc. in the amount of $26,500.00 for the
emergency repair of the force main from Lift Station 19A. Funding is
available from 442-5178-536-63.90 (Water/Sewer Renewal &
Replacement Fund/Other Improvements).
Purchase award to Duval Ford in the amount of $22,111.00 via the Florida
Sheriffs Association and Florida Association of Counties Bid
Specification #19 for the purchase of a 2003 Ford F-250 crew cab pickup
truck for the Parks and Recreation Department. Funding is available from
119-4144-572-64.20 (Beautification Trust Fund/Automotive).
Purchase award to Duval Ford in the amount of $35,539.00 via the Florida
Sheriffs Association and Florida Association of Counties Bid
Specification #23 for the purchase of a 2003 Ford F-450 crew cab pickup
truck for the Environmental Services Department. Funding is available
from 441-5145-536-64.20 (Water/Sewer/Automotive).
Bid award to multiple vendors at an estimated annual cost of $78,616.00
via the City of West Palm Beach Co-op Bid #02/03-20 for the purchase of
liquid chlorine and calcium hypochlorite. Funding is available from 441-
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5122-536-52.21, 441-5144-536-52.21, 441-5123-536-52.21, and 441-
5141-536-52.21 (Water/Sewer Fund/Chemicals).
Contract award to Rosso Paving & Drainage, Inc. in the amount of
$147,560.00 for the Sherwood Park Traffic Calming Project. Funding is
available from 334-3162-541-65.60 (General Construction Fund).
Mrs. Archer moved to approve the Consent Agenda, seconded by Mr. Levinson.
Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes;
Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0
vote.
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REGULAR AGENDA:
9.A. MUNICIPAL ELECTION RESULTS: Canvass the returns, and declare the
results of the March 11, 2003 First Nonpartisan Election.
Commission Member- Seat #3 - Two Year Term:
> John Bennett- 1,501
>Jon Levinson- 2,440
Mrs. Archer moved to approve the cumulative totals for each candidate for
Commission Member/Seat #3, including all of the regular, absentee and provisional votes as
presented, and that it is hereby declared, based upon the above and foregoing results, that Jon
Levinson is elected as Commission Member/Seat #3 for a two year term commencing on the 27th
day of March, 2003, and ending in accordance with the City Charter, 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.B. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
ACTION/PARK PLACE TOWNHOMES: Consider an appeal of a decision of the Site Plan
Review and Appearance Board regarding the Class V Site Plan for Park Place Townhomes,
located on the south side of S.E. 10th Street, approximately 300 feet west of S.E. 5th Avenue.
(Quasi-Judicial Hearing)
Mr. Levinson moved to reconsider the appeal, seconded by Mr. Perlman. Upon
roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson
- Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote.
Mr. Levinson moved to accept the Site Plan Review & Appearance Board
decision and reject the appeal, seconded by Ms. McCarthy. Upon roll call the Commission voted
as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt -
Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote.
9.Co
WAIVER REQUEST TO REDUCE PAVEMENT WIDTH/PARK PLACE
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TOWNHOMES: Consider a request to waive LDR Section 6.1.2 (C) to reduce the pavement
width from 24 feet to 20 feet for the residential streets located within the Park Place Townhomes
Development and waive LDR section 6.1.3 regarding the provision of sidewalks along both sides
of the loop road. The property is located on the south side of S.E. l0th Street, approximately 300
feet west of S.E. 5th Avenue. (Quasi-Judicial Hearing)
Mayor Schmidt asked the Commission to disclose any ex parte contacts and stated
he met with the developer and his representatives concerning this matter. Mrs. Archer, Mr.
Pertman, Ms. McCarthy and Mr. Levinsan stated they all spoke to Michael Weiner quite a while
ago.
Mayor Schmidt read a summary of the procedure of how a quasi-judicial hearing
is conducted.
The City Clerk swore in those individuals who wished to give testimony on this
item.
Paul Darting, Director of Planning and Zoning, entered the Planning and Zoning
Department project file #2003-027 into the record.
Mr. Darting stated this item involves two waiver requests which were part of the
approval for SPRAB. The first waiver request is for the reduction in street pavement width from
the required 24 feet to 20 feet and what is being proposed is an actual 20' of clear travel lane and
2' valley curb on each side. The City Engineer has recommended approval of the reduction. Mr.
Dorting stated the City standard does not provide for reduced pavement width when using valley
curb it is an acceptable standard. The City has supported similar reductions at the Legacy of
Sherwood Forest, Parkside Townhomes and The Estuary.
Mr. Dorling stated the second waiver request is for a sidewalk to be limited to one
side of the development. There will be provisions for sidewalks on one side throughout the
development including access to recreation facilities and to the overall sidewalk along S.E. l0th
Street. Staff recommends support of both waiver requests.
Michael Weiner, speaking on behalf of the developer, read into the record LDR
Section 2.4.7(B) which describes the requirements for waivers and noted that all four standards
are met.
Francisco Perez-Azua, Architect, gave a brief PowerPoint presentation and
explained the location of the project, the density, the setbacks, and the waiver requests. In
addition, Mr. Perez-Azua explained the location of the preserves and stated sidewalks will also
be provided throughout the development.
At this point, Mr. Weiner entered into the record an article from the Planning
Commissioners Journal.
Mayor Schmidt asked if there is anyone from the public who wishes to address
the Commission regarding the waiver requests, to please step forward at this time.
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Alice Finst, 707 Place Tavant, stated she attended the Site Plan Review and
Appearance Board meeting and noted that they have tried very hard to save the trees. Mrs. Finst
complimented SPRAB for preserving the trees and feels we need more projects where people try
to preserve what is already there.
There being no one else from the public who wished to address the Commission
regarding the waiver requests, the public hearing was closed.
Mr. Perlman moved to approve the waiver requests, seconded by Ms. McCarthy.
Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes;
Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0
vote.
9.D. SPECIAL EVENT REQUEST/SCHOOL SHOWCASE OF THE
ARTS/SOUTH FLORIDA PARENTING BLOCK PARTY: Consider a request for special
event approval to allow the School Showcase of the Arts - South Florida Parenting Block Party
sponsored by the Delray Beach Education Board and South Florida Parenting to be held on
March 29 and 30, 2003 from 10:00 a.m. until 6:00 p.m.; granting a waiver per LDR Section
4.6.7(D)(3)(j)(ii) to allow event signage to be made and put up on March 18, 2003, staff support
for security and traffic control, and trash removal.
Robert A. Barcinski, Assistant City Manager, stated this is a request to endorse
the School Showcase of the Arts - South Florida Parenting Block Party sponsored by the Delray
Beach Education Board and South Florida Parenting to be held on the grounds of Old School
Square on March 29 and March 30 from 10:00 a.m. to 6:00 p.m. Mr. Barcinski stated the site
plan has been reviewed with the Fire-Rescue Department staff and they do not feel that on-site
EMS service will be needed for this event. The estimated overtime for this event without EMS
service is $3,500.
Ms. McCarthy moved to approve the special event request to allow the School
Showcase of the Arts - South Florida Parenting Block Party to be held on March 29-30, 2003,
from 10:00 a.m. until 6:00 p.m. subject to staff recommendations, 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.E. REJECTION OF BIDS/2003 RESURFACING PROJECT: Consider
rejection of all bids received for the 2003 Resurfacing Contract due to oil increases and authorize
staff to re-bid contract later in the year.
Richard Hasko, Director of Environmental Services, stated the bids were more
than half as much as what was budgeted primarily due to the petroleum costs. Mr. Hasko
continued to state that the low bidder indicated that he was going to have a problem honoring his
prices because of the recent increases in petroleum products. Staff recommends rejecting all the
bids received for the 2003 Resurfacing Project and authorizing staff to re-bid the contract later
this year.
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Ms. McCarthy asked what areas or streets will be impacted by this. In response,
the City Manager stated the areas that will be impacted are scattered around town. The City
Manager continued to state that oil prices are expected to lower in the fall and he feels it is wise
to wait until the international situation stabilizes.
Ms. McCarthy stated the reason why she expressed concern over what streets
would be impacted is because of our effort to keep the communications open with the citizens of
Delray who have been waiting for their streets to be resurfaced. Ms. McCarthy stated she would
like to have a list of the streets and suggested that staff communicate or forward this information
to the associations so citizens will not feel neglected but will understand the reason for the delay.
Mrs. Archer moved to approve the request to reject all the bids and authorize
staff to re-bid later this year, seconded by Mr. Perlman. Upon roll call the Commission voted as
follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes;
Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 7:02 p.m. the Commission moved to the duly
advertised Public Hearings portion of the agenda.
10.
PUBLIC HEARINGS:
10.A. WAIVER REQUEST/MARRIOTT: Consider a request from the owner of the
Marriott Residence Inn, located on 1111 East Atlantic Avenue, to waive Section 4.6.7(G)(7) of
the Land Development Regulations regarding signs. Prior to consideration of passage of this
item a public hearing has been scheduled to be held at this time. (Quasi-Judicial Hearing)
Mayor Schmidt read a summary of the procedure of how a quasi-judicial hearing
is conducted.
Mayor Schmidt asked the Commission to disclose any ex parte contacts and stated
he received an email from Robert Sparvero stating that the Board of the Beach Property Owners'
Association supports the staff recommendations which would include the recommendation that
the condition "that no secondary optional wall sign is allowed on the south elevation" of the
Marriott Residence Inn. Mr. Perlman, Mrs. Archer, Ms. McCarthy, and Mr. Levinson stated they
too received the same email.
The City Clerk swore in those individuals who wished to give testimony on this
item.
Mayor Schmidt declared the public hearing open. There being no one who
wished to address the Commission regarding the sign waiver, the public hearing was closed.
Mr. Levinson moved to approve subject to the recommendations of the Site Plan
Review and Appearance Board, seconded by Mr. Perlman. Upon roll call the Commission voted
as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes;
Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote.
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At this point, the Commission moved to Item 11, Comments and Inquiries on
Non-Agenda Items from the City Manager and the Public.
ll.A.
City Manager's response to prior public comments and inquiries.
With regard to a prior comment expressed by Scott Schley about speeding in the
alley behind the American Legion building, the City Manager stated the City Engineer has been
in contact with him and staff will be conducting a speed study and proceeding from that point.
Furthermore, the City Manager stated staff is in touch with the American Legion to keep them
apprised of the progress.
Secondly, the City Manager stated there was a comment expressed about vessels
speeding in the Intracoastal and urging the City to join with Highland Beach in requesting
reductions in speed. The City Manager stated in July, 1997, the City passed Resolution 50-97
requesting the Board of County Commissioners petition the Department of Environmental
Protection (DEP) to establish "Idle Speed-No Wake Zone" in the Intracoastal throughout Delray
Beach. The request was reviewed and denied by the Department of Environmental Protection.
On September 22, 1998, the City Commission, via Resolution 59-98, requested the Department
of Environmental Protection conduct a study to determine if additional vessel speed restrictions
were warranted from Linton Boulevard south to the City Limits (C-15 Canal). This request was
forwarded to DERM and DEP. The response from DEP was that requests for special restrictions,
over and above those currently in place, will not be approved unless supported by data (i.e.
accident reports) documented safety concerns, or if they impact special facilities (i.e. marinas,
public docking areas, or public boat access areas). The DEP Office of Enforcement Planning
and Policy Coordination's position was that they "do not believe that additional restrictions on
vessel traffic in this area are warranted." While the City's past attempts to limit speed have been
denied the City would revisit the issue if Boca Raton and Highland Beach are successful in their
current requests.
11.B. From the Public.
ll.B.1. Alice Finst, 707 Place Tavant, Delray Beach, stated at the Annual Town Hall
Meeting she addressed the Commission about the traffic conditions on Lake Ida Road and l0th
Avenue. Mrs. Finst stated she understands that part of the problem with the additional traffic (as
many as thirty vehicles) backed up trying to get onto Lake Ida Road was in part due to the
closing of the ramps on Atlantic Avenue. Mrs. Finst stated all the vehicles who could not get
around to make a right hand turn created their own turning lane and now the entire area between
Lake Ida Road and the fence where Spady Elementary is located is torn up and thus needs
mowing and grass replacement. Mrs. Finst suggested that a turning lane be put in and urged the
Commission to get the grass back into place.
ll.B.2. John Bennett, 137 Seabreeze Avenue, Delray Beach, congratulated Mr.
Levinson on his victory with regard to the election. Mr. Bennett continued to state that we
should all be thankful that we live in a democratic society where we can vote unlike other areas
of the world.
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ll.B.3. Monica Kaysen, 1227 N.E. 8th Avenue, Delray Beach, (representing Bond
Way/Palm Trail Homeowners' Association), lives in the Estuary, stated there are rabbits,
raccoons, and foxes where she lives and feels there should be some kind of task force to protect
these animals.
Secondly, Ms. Kaysen expressed concern stated there is no stop sign or speed
humps from George Bush Boulevard all the way down Palm Trail turning the corner onto Bond
Way all the way to Federal Highway.
Mayor Schmidt asked if the area where Ms. Kaysen lives has made an application
under the City's traffic calming process. In response, Ms. Kaysen stated a new traffic count was
recently done because the first time it was done in the summer. Ms. Kaysen stated she asked that
this be addressed again approximately a month ago and traffic was done. Ms. Kaysen stated she
obtained signatures (68 percent) of every homeowner on Bond Way/Palm Trail to get a round-a-
bout at the end of Bond way and Palm Trail. Mayor Schmidt stated staff will follow-up on this
and he knows the City Engineer will be back in touch with Ms. Kaysen if she has gotten her
application in on the traffic calming.
At this point, the Commission returned to Item 9.F. of the Regular Agenda.
9.F. AUTHORIZATION TO CHALLENGE A RULE: Consider authorizing staff
to challenge the rule regarding rate-making authority of Water Management Districts and to
engage Lewis, Longman, & Walker in this process at an hourly rate of $195-$205 per hour.
Richard Hasko, Director of Environmental Services, stated after having received
an email from contacts at American Water Works Association in Tallahassee the latest revision
proposals by the Department of Environmental Protection to Chapter 62-40 (which relates to
surface water management and water management district regulations, NPDES stormwater
management, etc.) he felt it necessary to suggest filing a formal challenge of specific language
being proposed in that rule. Mr. Hasko stated Administrative Rule 62-40 contains language that
appears to give authority to Water Management Districts to establish conservation rates. Mr.
Hasko stated the Department of Environmental Protection sponsored a major effort and solicited
groups of stakeholders statewide to participate in a series of meetings to discuss how everyone
will work together (state, regional, and local) as well as moving on to look at the water resources
on a regional level. Mr. Hasko stated this is unpopular statewide and noted that Tampa, St.
Petersburg, and Palm Beach County have each filed a challenge.
Mrs. Archer moved to approve ratification of the filing of the challenge and the
appointment the outside law firm of Lewis, Longman, & Walker to handle the rule challenge,
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.
9oGo
RATIFICATION OF APPOINTMENT TO THE PARKING
MANAGEMENT ADVISORY BOARD: Ratify the appointment ofNorbert Poli as the West
Atlantic Redevelopment Coalition representative on the Parking Management Advisory Board
for a term ending September 30, 2004.
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Mr. Perlman moved to approve the ratification of the appointment for Norbert
Poli as the West Atlantic Redevelopment Coalition representative on the Parking Management
Advisory Board for a term ending September 30, 2004, seconded by Mr. Levinson. Upon roll
call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
9.H. DELRAY BEACH ECONOMIC SELF-SUFFICIENCY INITATIVE:
Consider a request to endorse a Delray Beach Economic Self-Sufficiency Initiative, the proposed
Mission Statement and three-step implementation strategy and establish a task force as
recommended.
Ms. McCarthy moved to approve to support the Delray Beach Economic Self-
Sufficiency Initiative and provide staff support, seconded by Mrs. Archer. Upon roll call the
Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt -
Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 13, Comments and Inquiries on
Non-Agenda Items.
12.
FIRST READINGS:
None.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager.
The City Manager stated there has been a request that staff put The Wall Street
Journal article regarding Delray's Home Front Security Force on the City's website and reported
that this has been done.
Secondly, the City Manager stated he has received a few invitations and asked the
Commission for direction. The City Manager explained that the first invitation the Palm Beach
County League of Cities is having a golf tournament to raise money for their scholarship fund
and are asking for cities to be hole sponsors at $150.00. The City Manager continued to state
that Representative Clay Shaw is being honored at the 2003 Distinguished Citizen Award Dinner
being sponsored by the Gulf Stream Council Boy Scouts of America on Friday, April 4, 2003,
and he received an inquiry as to whether the Commission would like to buy a table for $1,000.
Mr. Perlman stated he feels $150.00 for the sponsorship makes sense. Depending
on whether or not the City has the funds, Mr. Perlman stated the City is going to be trying to
work more closely with Mr. Shaw to bring some dollars in and feels it would be a good idea for
the City to have presence there and continue the relationship that Mayor Schmidt has built with
Representative Shaw.
Mrs. Archer stated that perhaps there is another municipality who would like to
share a table with the City of Delray Beach in an effort to fill an entire table.
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Mayor Schmidt asked the City Manager to get in touch with the City Managers in
Boca Raton and Boynton Beach and split a table at $500 each since some of the Commission
have prior commitments for April 4th.
With regard to the raccoon issue, the City Manager stated he discussed this with
Mrs. Butler this afternoon and noted that this was researched several years ago. The City
Manager stated that Mrs. Butler's recollection was State law prohibits relocating raccoons
because the official wildlife people are concerned about moving disease among raccoon
populations and the City does not trap wild animals and is unclear about what the private
trappers do. Furthermore, the City Manager stated staff would thoroughly research this issue and
get back to the Commission.
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 congratulated Commissioner Levinson on a good campaign and good
win.
Secondly, Mrs. Archer stated Vera Farrington is being honored as a recipient of
the African-American Achievers Award this evening at the Broward County Convention Center
and stated she is very sorry that the Commission could not attend. Mrs. Archer reiterated that
she would like to very much have been able to attend.
Mayor Schmidt stated he has asked that the City Clerk prepare a proclamation for
Ms. Farrington and this will be presented to her at the next regular meeting.
Mrs. Archer stated she had the opportunity to represent the City as an honored
champion at the YMCA dinner on Friday evening at the Boca Raton Hotel. Mrs. Archer
continued to state she received a very nice medal on a red ribbon to honor Delray Beach as a
champion for the YMCA. Mrs. Archer stated the event was very well done and it honored many
local high school students with scholarships for further education. Mrs. Archer stated she was
very glad to represent the City of Delray Beach.
Mrs. Archer stated she saw an article in the newspaper regarding a local Carver
Middle School student who was one of thirteen finalists to attend the National Geographic
Geography Bee and noted this is the State championship.
Mrs. Archer stated she had the opportunity to meet with Joan Goldberg from the
County Art and Public Places and stated Ms. Goldberg informed her that they would be putting
out an RFP for artwork and for a Florida local artist conception of what the plaza should be in
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front of the Courthouse. Mrs. Archer continued to state that the plaza is going to be redone so
that it will be more pedestrian friendly. Mrs. Archer asked if someone could provide Audrey
Wolf with a copy of the elevations for the library because they would like to make sure it is
compatible and any information regarding the history of the block where the Courthouse is
located in addition to the history of the blocks on both sides of the Courthouse.
Mrs. Archer commented about the litter and vehicles on the edge of Dixie
Highway behind Power Sports. Mrs. Archer expressed concern over the traffic problems and
increased activity taking place along Dixie Highway.
The City Manager explained that this is an unusual situation because they moved
into an existing building and today someone could not build something with a setback that this
building has and noted it is grandfathered in. The City Manager stated staff needs to keep a
close watch on this to make sure that they do not abuse this. Mr. Levinson stated the new
manager is making a significant and positive impact on the process.
13.C.2.
Commissioner Perlman
Mr. Perlman congratulated Commissioner Levinson for running a good race.
Secondly, Mr. Perlman stated he and Mr. Levinson had an opportunity to go on
the Haitian radio on Monday. Mr. Perlman stated he feels this will be a fabulous investment and
a very successful program.
Mr. Perlman stated he is happy about the national press the City of Delray Beach
is getting (i.e. The New York Daily News, The Boston Globe, and The Philadelphia Inquirer).
Mr. Perlman stated he was on the Sid Snyder Show yesterday and he talked about
the fiber optic project.
Mr. Perlman stated he received part of an email chain from Mary Lou Ciambriello
and stated it was not clear to him whether she did put in for the traffic calming. In response, the
City Manager stated staff determined that Ms. Ciambriello never filed an application but staff is
proposing some traffic calming on Lindell Boulevard.
Mr. Perlman stated American Coastal Coalition (ACC) added its voice to a
resolution to preserve the beach re-nourishment funds and they are contacting ACC throughout
the State to lend their voice and stated that he hopes there is additional lobbying muscle on that
effort.
Mr. Perlman stated eleven people from Delray Beach courtesy of the MacArthur
Foundation were up in Baltimore, Maryland and noted that they went on a tour of the
empowerment zone. Mr. Perlman stated that there was $100,000,000 in grants given to this
blighted area of Baltimore. Mr. Perlman stated he came in contact with the brother of the owner
of Old School Bread Company who is redeveloping one million square feet of office space and is
really turning around the area.
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13.C.3. Mayor Schmidt
Mayor Schmidt congratulated Mr. Levinson on his re-election.
Secondly, Mayor Schmidt stated he had the opportunity to attend the final day of
the Youth Soccer League when they have their championship games which is the Mayor's Cup.
Mayor Schmidt continued to state that due to scheduling conflicts he has not been able to go to
the last two and they have presented the City of Delray Beach with a plaque in appreciation of
the City's support of the soccer league and more importantly, they are very excited about the
idea of a soccer complex. They have 700 children involved in the soccer program and are
currently turning them away because of lack of space at Miller field.
Mayor Schmidt announced that the St. Patrick's Day Parade will be held on
Saturday, March 15, 2003, at 2:00 p.m.
13.C.4.
Commissioner McCarthy
Ms. McCarthy congratulated Commissioner Levinson on his re-election. In
addition, Ms. McCarthy stated she would like to say congratulations to our new Commissioner
coming on board soon Mr. Bob Costin and to our Mayor elect which will be official later this
month. Ms. McCarthy stated she looks forward to working with everyone over the next year.
Secondly, Ms. McCarthy stated she made plans to be at the Broward County
Convention Center honoring Vera Farrington as well. However, Ms. McCarthy stated she was
so elated when the Chairperson from the CRA made the recommendation in their last meeting to
put a bus in place so that citizens from this area could attend and that Delray Beach would be
represented in support of Ms. Farrington. Ms. McCarthy stated she had gone to the African-
American Cultural Museum in Fort Lauderdale for a meeting and went through their exhibit and
noted that Delray Beach is recognized because of Vera Farrington and things that we have done
for the EPOCH center. Ms. McCarthy stated she had heard that someone sent Ms. Farrington
flowers today and noted that she will be presented with a corsage as well. Ms. McCarthy
suggested that when Ms. Farrington is presented with the proclamation on March 18th that she
also is presented with flowers as well since the Commission could not be with her this evening
and because of her many accomplishments.
Ms. McCarthy stated with regard to the raccoon issue on the north side of Federal
Highway she believes that some additional communication has been sent. Ms. McCarthy stated
the President of the Homeowners' Association has been in contact with the CRA and the owners
of Urban Development.
13.C.5.
Commissioner Levinson
Mr. Levinson thanked everyone for all the kind words and stated he appreciates
all the help everyone provided as well as the rest of the people in the community not just the
voters but all the people who worked on the campaign. Mr. Levinson also thanked his daughter
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03/13/03
Lauren Levinson who got a taste of politics and stated he is very proud of her for doing a great
job.
Mr. Levinson congratulated Mrs. Archer for the award she received.
Mr. Levinson stated he spoke to Leslie Jacque and noted that she needs to know
when the City will be ready to broadcast on the radio stations.
Mr. Levinson stated he would like an update as to how the tennis attendance was
this year and what the parking revenues were.
The City Manager stated the City received very positive comments from the FBI
who assisted with security during the tennis tournament.
With regard to some problems with Power Sports, Mr. Levinson thanked the
Police Department and the new manager for addressing the problem regarding noise and
speeding seems to have been significantly positively impacted.
Mr. Levinson commented about a meet-and-greet over on the beach a week ago
where he met a man who was the Acting Surgeon General for the United States from 1973-1977
and feels this is very impressive.
at 7:50 p.m.
There being no further business, Mayor Schmidt declared the meeting adjourned
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Regular City Commission Meeting held on March 13,
2003, which Minutes were formally approved and adopted by the City Commission on
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City Clerk
03/13/03
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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03/13/03
Lauren Levinson who got a taste of politics and stated he is very proud of her for doing a great
job.
Mr. Levinson congratulated Mrs. Archer for the award she received.
Mr. Levinson stated he spoke to Leslie Jacque and noted that she needs to know
when the City will be ready to broadcast on the radio stations.
Mr. Levinson stated he would like an update as to how the tennis attendance was
this year and what the parking revenues were.
The City Manager stated the City received very positive comments from the FBI
who assisted with security during the tennis tournament.
With regard to some problems with Power Sports, Mr. Levinson thanked the
Police Department and the new manager for addressing the problem regarding noise and
speeding seems to have been significantly positively impacted.
Mr. Levinson commented about a meet-and-greet over on the beach a week ago
where he met a man who was the Acting Surgeon General for the United States from 1973-1977
and feels this is very impressive.
There being no further business, Mayor Schmidt declared the meeting adjourned
at 7:50 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 on March 13,
2003, which Minutes were formally approved and adopted by the City Commission on
g-pti. 1 1, 2003
City Clerk
-17-
03/13/03
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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03/13/03