03-18-03MARCH 18~ 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, March 18, 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
Chevelle Nubin, Acting City Clerk
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Beach.
The opening prayer was delivered by Reverend Nancy Norman, Unity of Delray
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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 requested that Item 6.E. Recognizing and Commending the
Del-Aire Country Club be moved to Presentations as Item 7.E. so the proclamation and
presentation can be presented simultaneously.
Mrs. Archer 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:
None.
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PROCLAMATIONS:
6.A.
Recognizing and Commending Vera Farrington
Mayor Schmidt read and presented a proclamation hereby recognizing Vera
Farrington and call upon all present to acknowledge and applaud the multitudinous contributions
she has made and continues to make to her community. In addition, Mayor $chmidt stated the
Commission was not able to attend the awards presentation in her honor last week because of the
City Commission meeting held the same evening (March 13, 2003) and thus presented Ms.
Farrington with a bouquet of flowers. Ms. Farrington came forward to accept the proclamation
and bouquet of flowers.
6.8.
Recognizing and Commending the Del-Aire Country Club
This item was moved to Presentations as Item 7.E.
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Commending multiple medal winners - Delray Beach 2003 Senior Games
Mayor Schmidt read and presented a proclamation hereby commending the
following multiple medal winners of the Delray Beach 2003 Senior Games:
Jay Charles - 10 medals (5 gold, 1 bronze in swimming and 4 gold in
track and field)
Dr. Herbert Furash - 10 medals (5 gold and 5 silver in swimming)
Loring Holmes - 10 medals (8 gold and 2 silver in swimming)
Alvin Malthaner - 7 gold medals in swimming
Ed Rangel - 6 medals (2 gold and 1 silver in track and field, 1 gold and 1
silver in basketball skills, and 1 silver in bowling)
Benjamin Jimenez - 5 medals (3 gold and 2 bronze in track and field)
Robert Spaulding - 5 gold medals in swimming
Vivian Stirpe - 5 medals (2 gold in track and field, 3 silver in swimming)
Bill Campbell - 4 silver medals in swimming
Neil Eichelbaum - 4 gold medals in swimming
Justin Langsner - 4 medals (2 gold in track and field, 2 gold in basketball
skills)
Danielle Gallo, Rec. Supervisor III (Marketing)/Parks and Recreation
Department, came forward to accept the proclamations for those individuals who were not
present.
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Temple Sinai 25th Year Anniversary - March 2003
Mayor Schmidt read and presented a proclamation hereby recognizing and
commending Temple Sinai of Palm Beach County on its 25th Anniversary in the City of Delray
Beach, Florida, and congratulates their commitment to outstanding service to the community
through deeds of loving kindness. Rabbi Chaim Wender and Robert Goodman, President of the
Temple Sinai Board of Trustees, came forward to accept the proclamation.
Prior to the scheduled Presentations, the City Manager informed the Commission
that there will now be a special presentation.
Dixie Di Massio, Past President of Noontime Kiwanis, presented Mayor Schmidt
with a medal, lapel pin and plaque. Mayor Schmidt's wife and mother were also present for the
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presentation.
At this point, Mr. Perlman read a proclamation from the City Commission to
Mayor Schmidt and presented him with the Distinguished Citizen Award for all his contributions
as a good citizen.
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PRESENTATIONS:
7.A. RESOLUTION NO. 16-03: Recognizing and Commending Luis Lluveras for
30 years of dedicated service to the City of Delray Beach.
The caption of Resolution No. 16-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, RECOGNIZING AND
COMMENDING LUIS LLUVERAS FOR THIRTY YEARS OF
DEDICATED SERVICE TO THE CITY OF DELRAY BEACH.
(The official copy of Resolution No. 16-03 is on file in the City Clerk's office.)
Mayor Schmidt read Resolution No. 16-03 recognizing and commending Luis
Lluveras for thirty years of dedicated service. Dan Beatty, Deputy Director of Public Utilities,
came forward to accept the proclamation and plaque on behalf ofLuis Lluveras.
7.B. Roots Cultural Festival~ Inc. - Libby Wesley
Elizabeth Wesley, 309 Lincoln Lane, Delray Beach, stated the Roots Cultural
Festival gave a presentation and the youth of Delray Beach declared February 22, 2003, as City
Commission Day.
Donalda McCarthy (Commissioner McCarthy's daughter) read and presented a
proclamation to Mayor $chmidt and the Commission in recognizing City Commission Day.
On behalf of the Roots Cultural Festival, Inc., Ms. Wesley presented former
Commissioner David Randolph with a proclamation recognizing and commending him for
helping the youth. Mr. Randolph came forward and thanked everyone for the opportunity to be
able to receive this proclamation.
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Lake Ida Homeowners' Association - JoAnn Peart
JoAnn Peart, representing the Lake Ida Homeowners' Association, stated the City
of Delray Beach has been very good to them and stated there are approximately 800 homes in
their community. Mrs. Peart stated the Police Department has been very helpful and commented
that some police officers attend the homeowners' association meetings. Mrs. Peart stated some
of the residents have had the opportunity to ride around with staff from the Code Enforcement
division and feels this has worked out well. Mrs. Peart continued to state that the Community
Improvement Department has been very helpful with mailings and lists for surveys, etc. so that
they can get input from the residents.
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Mrs. Peart stated Mike Cruz is the new President for the Lake Ida Homeowners'
Association and stated one of his goals is to improve and upgrade the Lake Ida Park on 11th
Street. Mrs. Peart stated Mr. Cruz met with Joe Weldon, Director of Parks and Recreation, about
what the Lake Ida Homeowners' Association would like and now need direction on how to move
forward with this.
Mrs. Peart stated she feels one of the strongest points of the Lake Ida
Homeowners' Association are the children's events. Mrs. Peart stated their neighborhood has a
neighborhood parade on the 4th of July, an Easter Egg Hunt, and every Halloween a neighbor has
a party for the entire neighborhood. Mrs. Peart thanked everyone for all their cooperation and
personally thanked Mayor Schmidt for being a humble Mayor.
7.D. Delra¥ Camera Club Awards - "Florida-Our Sunshine State"
The Delray Camera Club is a group of amateur and professional photographers
who meet twice a month to learn more about photography from one another and from
informative workshops, lectures, slide shows, field trips, and monthly competitions. Each year
we invite the Delray Camera Club to exhibit their work at City Hall. The club's exhibit this year
is called "Florida - Our Sunshine State".
Mayor Schmidt presented the following winners with a Certificate of
Achievement:
HONORABLE MENTION
Leonard Friedman
"Polo Match"
Stuart Freedman
"Mates"
Hal Shaffran
"Me and My Shadow"
Hal Shaffran
"Testing the Waters"
Ruth Razzetti
"Bayside Flags - Miami"
Third Place
Sally Gottlieb
"Wise Old Pelican"
Second Place
Abe Marder
"At Sandhill Park"
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First Place
Ted Reich
"City Place At Night"
On behalf of the City Commission, Mayor Schmidt expressed his sincere
congratulations to the winners and to all the talented photographers who entered the competition.
7.E. 14th Annual Del-Aire/Delray Citizens for Delray Police - Charities Golf
Tournament to benefit Delray Beach Fire Rescue and Police Departments - Perry
DonFrancisco
Mayor Schmidt read a proclamation to acknowledge and thank the residents of the
Del-Aire Country Club for their support and efforts on behalf of the Delray Beach Fire-Rescue
Department, the Delray Beach Police Department, and the Delray Citizens for Delray Police.
Perry DonFrancisco stated for the last fourteen years the representatives of Del-
Aire Country Club have been here every year to give to the City of Delray Beach and donate to
the Fire-Rescue and Police. Mr. DonFrancisco continued to state this community has opened up
their hearts and wallets to our service personnel to purchase life saving and crime fighting
equipment. Mr. DonFrancisco stated although the Police and Fire-Rescue Department receive
the funds, the real beneficiaries of this generosity are the residents of Delray Beach. Mr.
DonFrancisco introduced Jack Lipsey, President of Del-Aire Country Club, Harvey Lurvey, Co-
Chair of the Charity Golf Tournament, and Liz Greener, Co-Chair of the Charity Golf
Tournament.
Jack Lipsey, President of Del-Aire Country Club, stated in 1987 he and his wife
bought a home in Del-Aire and since then is convinced that they are living in a magnificent
community within a sensational city. Mr. Lipsey stated he represents 360 members of the
Country Club and considers it a privilege to be part of this community and on behalf of all the
members of Del-Aire accepted the proclamation with much gratitude.
Harvey Lurvey, Co-Chair of the Charity Golf Tournament, stated this Charity
Golf Tournament has been held for many years and he is very proud to be a part of it. Mr.
Lurvey stated Del-Aire has given well over $400,000 to the community and commented that it
grows larger every year. Mr. Lurvey presented Chief Koen and Chief Schroeder each with a
check in the amount of $19,066.27 for the Delray Beach Fire Rescue and Police Department.
At this point, Mr. Lurvey recognized Perry DonFrancisco for doing a marvelous
job with organizing the golf this tournament every year.
Mayor Schmidt recognized the residents of Del-Aire and thanked Mr.
DonFrancisco for the contribution this year. In addition, Mayor Schmidt recognized former
Commissioner Bill Schwartz who is also a resident of Del-Aire.
On behalf of the Del-Aire Country Club and the Charity Golf Tournament, Mr.
DonFrancisco thanked the Commission for their continued support over the years.
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7.F. American Legion Milton Myers, Post #65 - Scott Schle¥
Scott Schley, Commander with the American Legion Milton Myers Post #65,
presented Mayor Schmidt and the Commission with a plaque and thanked them for all their
support throughout the year.
At this point, Mayor Schmidt stated he would like to recognize Jim Smith,
husband of the late Commissioner Barbara Smith.
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CONSENT AGENDA: City Manager Recommends Approval.
8.A. REQUEST FOR SIDEWALK DEFERRAL/ISLAND DRIVE: Approve a
request to defer the installation of a sidewalk in front of 1117 Island Drive. Staff recommends
approval.
8ogo
FINAL SUBDIVISION PLAT APPROVAL/WASHINGTON MUTUAL:
Approve the boundary plat for Washington Mutual, located at the southwest corner of
southbound Federal Highway and S.E. 10th Street.
8.C. FINAL SUBDIVISION PLAT APPROVAL/CONGRESS COMMERCE
CENTER: Approve the boundary replat for Congress Commerce Center, located on the
southeast corner of Congress Avenue and Lake Ida Road.
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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 March
10, 2003 through March 14, 2003.
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AWARD OF BIDS AND CONTRACTS:
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Purchase award to the Dell Corporation in the amount of $17,550.00 via
the State of Florida Contract #250-000-03-1 for the purchase of ten (10)
mid-range desktop computers for the Police Department. Funding is
available from 334-6112-519-64.11 (Computer Equipment).
Bid award to Solutions Landscaping Maintenance, Inc. at an estimated
annual cost of $15,000.00 for nuisance abatement (lot clearing and
mowing) for the Code Enforcement Department. Funding is available
from 001-2741-524-34.30 (General Fund/Lot Mowing & Clearing).
Lease award to Ikon Office Solutions in the total amount of $23,622.84
over a three (3) year term via the Miami-Dade Contract #143-BB05 for the
lease of a Canon Image Runner 8500 Digital Copier to be shared by the
Community Improvement and Planning & Zoning Departments. Funding
is available from 001-2511-515-44.30 and 001-2711-524-44.30 (General
Fund/Equipment).
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Mr. Levinson moved to approve the Consent Agenda, 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.
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REGULAR AGENDA:
9.A. REQUEST TO REDUCE LIENS/VERNANDO SCADLOCK: Consider a
request from Ms. Vernando Scadlock to waive the interest and administrative/recording fees in
the amount of $2,514.70 assessed for abating nuisances on property located at 126 N.W. 11th
Avenue. Ms. Scadlock is prepared to pay the remaining lien of $3,458.50. Staff recommends
approval.
Lula Butler, Director of Community Improvement, stated this is a request from
Ms. Vernando Scadlock to waive the administrative and recording fees assessed on property
located at 126 N.W. 11th Avenue. The total interest and fees is $2,514.70.
Ms. Butler stated the City demolished an unsafe structure and abatement of
nuisances on the referenced property in 1992. The property was originally owned and occupied
by Ms. Scadlock's parents. The parents and other siblings are now deceased and Ms. Scadlock is
taking the position that she now lives on a fixed-income and will ultimately sell this property to
aid in her retirement. In this case, the City spent a total of $3,458.50 for the demolition and
abatement of nuisances to this property.
Staff recommends approval of the request to reduce the lien amount from
$5,973.20 to $3,458.50 to cover actual out-of-pocket expenses.
Ms. McCarthy moved to approve staffs recommendation to reduce the lien to
$3,458.50, 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.
9.B. SPECIAL EVENT REQUEST/2NI~ ANNUAL CARIBBEAN AMERICAN
FESTIVAL: Consider a special event request for the 2nd Annual Caribbean American Festival
sponsored by the Haitian Cultural Society of the Palm Beaches and Toussaint L'Ouverture High
School to be held on May 10, 2003 from 3:00 p.m. to 10:00 p.m. at Old School Square, including
a waiver of LDR Section 4.6.7(D)(3)(j)(ii) to allow event signage to be installed by April 27,
2003, trash removal/site clean up, EMS service, staff support for security and traffic control with
the event sponsor paying fifty (50%) of overtime costs; contingent on the sponsor providing
liability insurance and a hold harmless agreement.
The City Manager stated this event was held last year and was well received.
Staff recommends approval of the event, staff assistance for traffic control and security, EMS
service, trash pick up and site clean up, and event signage to be installed by April 27, 2003, and
the sharing 50/50 of the overtime costs.
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Diane Allerdyce, 506 S.E. 3rd Avenue, Delray Beach, stated Toussaint
L'Ouverture High School is now a co-sponsor of the event and because of the sun and heat last
year people did not show up until late in the day, she is requesting that there be a provision for
the festival to end at 11:00 p.m. rather than 10:00 p.m.
Mr. Levinson inquired if the overtime costs for the event will be capped at half of
$4,500 since the City will split the overtime costs. In response, the City Manager stated it will
be capped at half of whatever the overtime costs are. Mr. Levinson asked if the City will save
money if the event is held until 11:00 p.m. versus midnight. The City Manager stated ending the
event at 11:00 p.m. instead of midnight should save the City in overtime costs.
Mrs. Archer stated that in the original request it referred to a parade and asked if
this will be on the sidewalks. Jimmy Jacques, President of the Haitian Cultural Society of the
Palm Beaches, stated the original request was for a parade route on N.E. 1st Avenue behind Old
School Square left onto Swinton Avenue left on Atlantic Avenue and left on N.E. 2nd Avenue
back to N.E. st
1 Avenue. Mr. Jacques stated the parade will take approximately 1-1 lA hours.
Mrs. Archer asked if the costs of the parade have been addressed. In response,
Rich Olson, Interim Director of Public Works, stated the cost does not include the cost of parade
and commented that the dollar amount is only for the overtime costs and other things associated
with having the event on the Old School Square site. Mrs. Archer commented that maybe
because last year the parade was on the sidewalk and this year they are requesting that the parade
be on the street. Mr. Olson stated this is correct and commented that the route along the streets
would be very difficult for the City to do detour routes required under FDOT rules and
regulations.
Ms. McCarthy asked Mr. Olson to explain why the parade going around Old
School Square in a square is more difficult than any other parade. In response, Mr. Olson stated
N.E. 1st Street is the bypass route that would be blocked off along with Atlantic Avenue and
Swinton Avenue and thus there would be a completely difficult detour pattern taking people
most likely to N.E. 2nd Street to N.W. 1st Street back to Atlantic Avenue and commented that
there are a number of intersections involved that would need to be addressed. Mr. Olson stated
usually when Atlantic Avenue is used for a parade the other streets are kept open so these streets
can be used as the detour routes. However, according to this request the City would be blocking
Atlantic Avenue and one its normal detour routes off and reiterated that the cost estimates
regarding the parade have not been addressed.
Ms. McCarthy asked if a compromise could be reached with the Caribbean
American Festival and the City as well. The City Manager stated a parade that goes along two
streets would be much easier to manage then a parade that uses four streets.
After brief discussion between staff and the Commission, it was the consensus
that staff work out a compromise with the Haitian Cultural Society of the Palm Beaches to have
the parade and possibly use two streets versus using four.
Mrs. Archer moved to approve the special event request for the 2nd Annual
Caribbean American Festival to be held on May 10, 2003, at Old School Square subject to staff
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recommendations; and, that arrangements are worked out for the parade and the event end at
11:00 p.m., seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson -
Yes. Said motion passed with a 5 to 0 vote.
9.C. EXTENSION/SUPERLATIVE GROUP, INC.: Consider a request from
Superlative Group, Inc. for a ninety (90) day extension to the naming rights agreement for the
Tennis Center.
The City Manager stated the contract for naming rights with the Superlative
Group, Inc. expires March 31, 2003, and he feels it is in the best interest of the City to grant the
ninety (90) day extension.
Mr. Perlman moved to approve the request from Superlative Group, Inc. for a
ninety (90) day extension for the naming rights agreement for the Tennis Center, seconded by
Mrs. Archer. 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 7:00 p.m., the Commission moved to the duly
advertised Public Hearings portion of the agenda.
10.
PUBLIC HEARINGS:
None.
At this point, the Commission moved to Item 11, Comments and Inquiries on
Non-Agenda items from the City Manager and the Public.
11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC-IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
ll.A.
City Manager's response to prior public comments and inquiries.
The City Manager had no response to prior public comments and inquiries.
11.B. From the Public.
ll.B.1. Bill Schwartz, 3863 Live Oak Boulevard, Delray Beach, stated the
presentations at the meeting tonight just go to your heart. Mr. Schwartz asked how many cities
in the world could be as proud to have what the City of Delray has. Mr. Schwartz stated the City
Commission is the catalyst that makes all of these organizations and all of our people work so
well.
ll.B.2. Bettina H. Pratt, Lanikai Villas Condo, 320 South Ocean Boulevard, Delray
Beach, read a letter stating there are 24 units of valuable beachfront property in Lanikai Villas
Condo and they own their land. Ms. Pratt stated they resent the City building a permanent
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lifeguard station and tower directly in front of the property. Ms. Pratt stated in the past they were
always informed regarding any type of building that was occurring in their area. However, in
this instance, they were not. Ms. Pratt stated Anchor Park is obviously a preferable location for
the lifeguard station on the beach nearer to the Parks and Recreation office. Regarding the
erosion line, Ms. Pratt stated it should not change much just next door. Ms. Pratt stated the City
says that building another structure in a better location would cost thousands of dollars. Ms.
Pratt stated their property is worth millions of dollars and they do not want an inappropriate
building placed carelessly in their view. Ms. Pratt stated they hope the City will reconsider its
plans and stop the present work until the plans are discussed with the property owners.
ll.B.3. Lee Moore, Lanikai Villas Condo, 320 South Ocean Boulevard, Delray
Beach, stated the temporary lifeguard stand is located directly in front of his condominium
currently blocked by sea grapes. Mr. Moore stated he has been in contact with Joe Weldon who
has responded to the President of their association. Mr. Moore stated that he also contacted the
EPA in Tallahassee who informed him that if the Parks and Recreation Department had moved
the stand 15 feet south the EPA would have approved the location. Mr. Moore stated he and Joe
Weldon discussed the "functuality" of the permanent lifeguard stands that are to be built
approximately 400 feet away from the beach. Mr. Moore asked if we are going to wait on the
erosion of the beach to make it functual. Mr. Moore stated the temporary lifeguard stands will
be used for years to come. Mr. Moore stated it does not make any sense for the City to spend
approximately $290,000 dollars on permanent lifeguard stands. Mr. Moore stated no one would
complain if the lifeguard stand were moved 15 feet south to Anchor Park. Mr. Moore stated he
would like to petition that the issue be put on hold. Mr. Moore stated lifeguard stands should not
be 400 feet away from the public since lifeguards are there to save the public.
ll.B.4. Alice Finst, 707 Place Tavant, Delray Beach, stated she attended the Planning
and Zoning Board meeting last night and wanted the City Commission to be aware of some
projects that will come before it. Mrs. Finst stated that we need to look at what is being done
with buildings that are coming before Planning and Zoning and what is going to be constructed.
Mrs. Finst stated that previous comments were made during the election process regarding
keeping the charm of the City. Mrs. Finst stated that she was told the codes were going to be
revised. Mrs. Finst stated that by the time codes are revised there would not be a square foot of
land left without something built up to the sidewalk in the downtown area. Mrs. Finst suggested
that the Commission put a moratorium on what the City is receiving or get plans in place in order
for the City to have a decent downtown area. Mrs. Finst stated the City is supposed to be
neighborhood friendly, but the neighborhood is disappearing due to gigantic buildings coming in
and overshadowing the neighbors.
At this point, the Commission moved to Item 12, First Readings.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 8-03: An ordinance amending Chapter 96, "Fire Safety and
Emergency Services", of the Code of Ordinances by amending Section 96.25, "Discharge or Use
of Fireworks" to prohibit the use of pyrotechnic special effects, flame effects, or similar devices
inside of buildings/enclosed spaces and to specify the requirements for outdoor fireworks
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displays.
The caption of Ordinance No. 8-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96,
"FIRE SAFETY AND EMERGENCY SERVICES", OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
BY AMENDING SECTION 96.25, "DISCHARGE OR USE OF
FIREWORKS", TO PROVIDE THAT THE USE OF
PYROTECHNIC SPECIAL EFFECTS, FLAME EFFECTS OR
SIMILAR DEVICES INSIDE BUILDINGS OR OTHER
ENCLOSED SPACES IS PROHIBITED AND TO SPECIFY THE
REQUIREMENTS FOR OUTDOOR FIREWORKS DISPLAYS;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 8-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Kerry Koen, Fire Chief, stated the ordinance amends Chapter 96 of the Code of
Ordinances to prohibit certain indoor fire pyrotechnic and special effects from being used inside
any building, tent, structure, or other enclosed spaces. Chief Koen stated this is a result of recent
situations in the Northeast and this ordinance is being brought forward for community safety.
Mrs. Archer asked for clarification as to whether or not an individual would make
an application to the Fire Department or whether it would go through City Hall. In response,
Chief Koen stated the issue of permitted displays would first go to the City Manager's office by
process and would then be referred to Fire Rescue for recommendations and permitting.
Mr. Perlman stated he feels this is a proactive ordinance and commended Chief
Koen for his good work.
Prior to the vote, Mr. Levinson suggested that the City have some methodology
by distributing this new ordinance to bars, restaurants, and other facilities throughout the City.
Mr. Levinson continued to state that staff could go through the Occupational License list and do
a mailing to notify people of the new ordinance.
Ms. McCarthy moved to approve Ordinance No. 8-03 on FIRST Reading,
seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes;
Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said
motion passed with a 5 to 0 vote.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
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13.A. City Manager.
The City Manager had no comments or inquiries on non-agenda items.
13.B. City Attorney.
The City Attorney stated Mayor Schmidt will be missed wished him good luck.
13.C.
13.C.1.
City Commission.
Commissioner Perlman
Mr. Perlman stated Mayor Schmidt has been a great mayor and it has been a
privilege and pleasure to sit next to him for the past three years. Mr. Perlman stated that he
intends to call Mayor Schmidt and hopes the Mayor will take his calls.
13.C.2
Commissioner Archer
Mrs. Archer presented the YMCA badge she received. Mrs. Archer suggested
that Mayor Schmidt come back to visit the City.
Mrs. Archer stated that she has appreciated Mayor Schmidt's presence both as a
Commissioner and Mayor.
13.C.3.
Commissioner Levinson
Mr. Levinson stated the Saint Patrick's Day Parade was spectacular and brought
in numerous people outside of the city who were eating in the restaurants enjoying the day and
the stores.
Mr. Levinson stated that he attended the Our Lady of Perpetual Help Dedication
on Sunday night. Mr. Levinson stated that approximately 1,000 people attended and it was a
terrific day for that congregation.
Mr. Levinson stated it has been spectacular serving with Mayor Schmidt and
thinks he has done an outstanding job through some tough times. Mr. Levinson stated that is the
true test of a steward and leader. Mr. Levinson stated he is proud to have served with Mayor
Schmidt.
13.C.4.
Commissioner McCarthy
Ms. McCarthy stated she followed Mayor Schmidt from Planning and Zoning to
the Commission and she garnered respect for him on that board. Ms. McCarthy stated that
Mayor $chmidt has kept her respect and it has been a time of change and challenges. Ms.
McCarthy stated Mayor $chmidt has withstood it all and would like to say to him in public that
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she admires his ability to be just and fair, to analyze things and look at them for the good of all,
and not just a few.
Ms. McCarthy stated she would like to commend Mayor Schmidt openly in his
being inclusive of a multitude of people no matter where the people came from or how much
money they had. Ms. McCarthy stated that if the people had an issue and there was a way to
resolve the issue equitably, the Mayor did so, and provided the City Commission with any extra
leadership it needed.
13.C.5 Mayor Schmidt
Mayor Schmidt gave his farewell speech. In closing, Mayor Schmidt stated that
he knows the City Government is being left in goods hands with his colleagues sitting on the dais
and the staff supporting them. Mayor Schmidt then shared an Irish blessing with the
Commission. The Mayor's speech has been made a part of the official record of the City of
Delray Beach and is on file in the City Clerk's Office.
There being no further business, Mayor Schmidt declared the meeting adjourned
at 7:30 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 18,
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.
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03/18/03
she admires his ability to be just and fair, to analyze things and look at them for the good of ail,
and not just a few.
Ms. McCarthy stated she would like to commend Mayor Schmidt openly in his
being inclusive of a multitude of people no matter where the people came from or how much
money they had. Ms. McCarthy stated that if the people had an issue and there was a way to
resolve the issue equitably, the Mayor did so, and provided the City Commission with any extra
leadership it needed.
13.C.5 Mayor Schmidt
Mayor Schmidt gave his farewell speech. In closing, Mayor Schmidt stated that
he knows the City Government is being left in goods hands with his colleagues sitting on the dais
and the staff supporting them. Mayor Schmidt then shared an Irish blessing with the
Commission. The Mayor's speech has been made a part of the official record of the City of
Delray Beach and is on file in the City Clerk's Office.
at 7:30 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 18,
2003, which Minutes were formally approved and adopted by the City Commission on
April 1, 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.
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03/18/03