04-15-03APRIL 15~ 2003
A Regular Meeting of the City Commission of the City of Delray Beach, Florida,
was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00
p.m. Tuesday, April 15, 2003.
1_. Roll call showed:
Present -
Commissioner Patricia Archer
Commissioner Bob Costin
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
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 Dr. Deri Joy Ronis, Ph.D. with the Delray
Beach Clergy Association will give the Invocation.
The Pledge of Allegiance to the flag of the United States of America was given.
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AGENDA APPROVAL
Mayor Perlman requested that Item7.A.,Kathleen Daley - Legislative Update
be postponed.
Mayor Perlman stated the Planning and Zoning Department has requested that
Item 8.E., Final Subdivision Plat Approval/Sabal Lakes Phase IV of the Consent Agenda be
moved to the Regular Agenda for discussion as Item 9.A.1. Mayor Perlman stated the Planning
and Zoning Department has also requested that Item 8.F., Resolution No. 22-03 of the Consent
Agenda be moved to the Regular Agenda for discussion as Item 9.A.2.
Mayor Perlman noted a correction to Item 8.R.3, Award of Bids and Contracts
to Arbor Tree & Land~ Inc. (#334-6120-519-61.90). Also, Mayor Perlman noted the addition
of Item 8.R. 6. Bid Award to Frederico~ Inc. to the Consent Agenda by addendum.
Mr. Costin moved to approve the Agenda as amended, seconded by Mr. Levinson.
Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0
vote.
5. APPROVAL OF MINUTES:
Mrs. Archer moved to approve the Minutes of the Organizational Meeting of
March 27, 2003, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin -
Yes. Said motion passed with a 5 to 0 vote.
Mrs. Archer moved to approve the Minutes of the Regular Meeting of April 1,
2003, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer -
Yes. Said motion passed with a 5 to 0 vote.
Mr. Levinson moved to approve the Minutes of the Special Meeting of April 8,
2003, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms. McCarthy
- Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
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PROCLAMATIONS:
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Arbor Day - April 9~ 2003
Mayor Perlman read and presented a proclamation hereby proclaiming
Wednesday, April 9, 2003 as Arbor Day. George Diaz, Chief Building Official, thanked Jennifer
Buce, Recycling Coordinator, for her help. In addition, Mr. Diaz introduced Mike Davies and
Darien Arden with the Delray Beach Youth Council. Mike Davies, President of the Delray
Beach Youth Council, came forward to accept the proclamation.
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Month of the Young Child - April 2003
Mayor Perlman read and presented a proclamation hereby proclaiming the month
of April 2003 as "The Month of the Young Child" in Delray Beach. Regina Goldenberg, Delray
Beach Head Start Manager, came forward to accept the proclamation. In addition, children from
the Head Start Program presented "HANDS" posters to the Commission.
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National Community Development Week - April 21-27, 2003
Mayor Perlman read and presented a proclamation hereby proclaiming the week
of April 21-27, 2003 as Community Development Week in Delray Beach. Lula Butler, Director
of Community Improvement, came forward to accept the proclamation and announced that Palm
Beach County is the host site for the Florida Community Development Association Conference
this year. Ms. Butler continued to state that the conference will be held in Delray Beach at the
Marriott Hotel on June 3-6, 2003 and the dining will be at Old School Square. In addition, Ms.
Butler stated there will be a display in the lobby at City Hall of all the CDBG projects that the
city has undertaken throughout the years.
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04/15/03
6.D. National Landscape Architecture Week - April 19-27~ 2003
Mayor Perlman read and presented a proclamation hereby proclaiming the week
of April 19-27, 2003 as Landscape Architecture Week. Beau Spurlock with Kilday & Associates
came forward to accept the proclamation.
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National Organ & Tissue Donor Awareness Week - April 14-20~ 2003
Mayor Perlman read and presented a proclamation hereby proclaiming April 14-
20, 2003 as Organ and Tissue Donor Awareness Week. Susan Warwick with the Organ and
Tissue Recovery Agency came forward to accept the proclamation.
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PRESENTATIONS:
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Kathleen Daley - Legislative Update
Mayor Perlman stated Kathy Daley, State Lobbyist, is in Tallahassee and
therefore the presentation for the Legislative Update for this evening has been cancelled.
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Delray Merchants' Association - Clay Wideman
Clay Wideman, business owner on West Atlantic Avenue, stated on behalf of the
offices and members of the Delray Merchant's Association (DMA) and Mr. James Thomas
(consultant), they would like to thank the sponsors, the City of Delray Beach, Palm Beach
County Commissioner Addie Greene, the DDA, the CRA, Office Depot, BellSouth, local
churches, friends of the community, and local artists who generously gave their time and shared
their talent to help celebrate the "Soul of Delray" which was held on March 23, 2003. Mr.
Wideman presented the City Commission with a check in the amount of $10,000 and stated he
looks forward to the continued support of the Commission with regard to the "Soul of Delray".
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Community Neighborhood Helping~ Inc. - Edith Thompson
Mr. Wilson, speaking on behalf of Edith Thompson, stated Ms. Thompson would
like to submit a request to the Commission for the Glory Awards for a $2,500 donation for seed
money and announced that the Glory Awards will be held on June 6, 2003.
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CONSENT AGENDA: City Manager Recommends Approval.
8.A. FINAL SUBDIVISION PLAT APPROVAL/OLD PALM GROVE: Approve
the subdivision plat for Old Palm Grove, located at northeast and southeast corners of North
Federal Highway and Royal Palm Boulevard.
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RESOLUTION NO. 23-03/ABANDONMENT OF UTILITY EASEMENT:
Approve the abandonment of a general utility easement lying within the proposed Old Palm
Grove subdivision, located on the east side of North Federal Highway, approximately 3,600 feet
south of Gulf Stream Boulevard.
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04/15/03
The caption of Resolution No. 23-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A GENERAL UTILITY EASEMENT
RETAINED WITH RESOLUTION NO. 55-02
(ABANDONMENT OF ROYAL PALM BOULEVARD) AS
MORE PARTICULARLY DESCRIBED BY EXHIBIT "A".
(The official copy of Resolution No. 23-03 is on file in the City Clerk's office.)
8.C. RESOLUTION NO. 24-03: Approve Resolution No. 24-03 abandoning a 7'
wide pedestrian ingress/egress tract of the Estuary II Plat, located on the south side of abandoned
Royal Palm Boulevard, approximately 550 feet east of North Federal Highway.
The caption of Resolution No. 24-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA VACATING AND
ABANDONING A 7-FOOT WIDE PEDESTRIAN INGRESS-
EGRESS TRACT, LOCATED ON THE SOUTH SIDE OF
ABANDONED ROYAL PALM BOULEVARD,
APPROXIMATELY 550' EAST OF NORTH FEDERAL
HIGHWAY, AS MORE PARTICULARLY DESCRIBED
(The official copy of Resolution No. 24-03 is on file in the City Clerk's office.)
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RESOLUTION NO. 25-03/ABANDONMENT OF SIDEWALK
EASEMENT: Approve Resolution No. 25-03 abandoning a portion of a 6' wide perimeter
sidewalk easement lying within tract P-2 of the Estuary Plat, located approximately 830 feet east
of North Federal Highway, north of Denery Lane, south of Allen Avenue and immediately
adjacent to the Intracoastal Waterway.
The caption of Resolution No. 25-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF A 6-FOOT PERIMETER
SIDEWALK EASEMENT LYING WITHIN TRACT "P-2" OF
THE PLAT OF ESTUARY (PB 86, PGS 75-80), AS MORE
PARTICULARLY DESCRIBED BY EXHIBIT "A".
(The official copy of Resolution No. 25-03 is on file in the City Clerk's office.)
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THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS
ITEM 9.A.1.
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04/15/03
8.F. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS
ITEM 9.A.2.
8.G. RESOLUTION NO. 21-03/ABANDONMENT OF UTILITY EASEMENT:
Approve the abandonment of a portion of a utility easement lying within Lots 1 and 2 of the
Lake Eden Subdivision, Plat No. 3, located at the northwest corner of Swinton Avenue and N.W.
25th Court.
The caption of Resolution No. 21-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF A UTILITY EASEMENT
LYING WITHIN LOT 1 AND LOT 2, LAKE EDEN
SUBDIVISION, PLAT NO. 3, AS MORE PARTICULARLY
DESCRIBED HEREIN.
(The official copy of Resolution No. 21-03 is on file in the City Clerk's office.)
8.H. CHANGE ORDER NO. 2/FINAL PAYMENT/CHAZ EQUIPMENT CO.,
INC.: Approve Change Order No. 2 in the amount of a $14,076.04 decrease, and final payment
in the amount of $11,492.86 to Chaz Equipment Co., Inc. for the Swinton Gardens Subdivision
Project. Funding is available from 118-1922-554-63.90 (Community Development/Other
Improvements).
8.1. GRANT APPLICATION TO STATE OF FLORIDA: Authorize staff to
submit a grant application to the State of Florida for funding in the approximate amount of
$8,000.00 for the Community Emergency Response Team (CERT) of the Delray Beach Fire
Department.
8.J. CONTRACT ADDENDUM/JEG ASSOCIATES: Authorize and approve an
addendum to the contract between the City of Delray Beach and JEG Associates in the total
amount of $14,000 for the Southwest Area Neighborhood Redevelopment Plan. The CRA has
agreed to pay $9,000 of the cost. Funding is available from 118-1974-554-31.96 (Community
Development Fund) and 001-6113-559-31.96 (General Fund).
8.K.
LEASE AGREEMENT/ST. STEPHEN LIMITED PARTNERSHIP:
Approve a commercial lease agreement between the City of Delray Beach and St. Stephen
Limited Partnership for the Delray Beach Police Department Substation located at 1570 South
Federal Highway.
8.L. HOUSING REHABILITATION GRANT\CONTRACT AWARDS: Approve
Housing Rehabilitation grant\contract awards through the Community Development Division in
the amount of $15,046.50 to South Florida Construction (507 S.W. 9th Court), $9,124.50 to
Henry L. Haywood (1308 N.W. 2nd Street) and $18,700.50 to Henry L. Haywood (1315 Prospect
Street). Funding is available from 118-1924-554-49.19 (SHIP Housing Rehabilitation Grant).
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8.M. FLORIDA DEPARTMENT OF TRANSPORTATION MASTER STREET
LIGHTING AGREEMENT: Approve an agreement between the City of Delray Beach and
Florida Department of Transportation (FDOT) for street lighting maintenance.
8.N.
FEDERAL GRANT APPROVAL/OFFICE OF HOMELAND SECURITY:
Approve a federal grant with a 25% local match from the Office of Homeland Security to be
administered by the State of Florida for computer/software, building security improvements, and
protective equipment for the Police Department.
8.0. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Approve
and endorse the Art & Jazz on the Avenue scheduled for May 8, 2003 from 6:00 p.m. to 10:00
p.m., granting a temporary use permit per LDR Section 2.4.6(H) for the closure of Atlantic
Avenue from Swinton to N.E. 7th Avenue, the south side of Atlantic Avenue from N.E. 7th
Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic Avenue to N.E. 1st
Street, N.E. 2nd Avenue from Atlantic Avenue to N.E. 2nd Street, and authorize staff support for
security and traffic control, banner hanging and removal, barricade set-up/removal, trash removal
and clean up, and use/set-up of City stages.
8.P. SPECIAL EVENT REQUEST/HOT AIR BALLOON GLOW: Approve a
special event request for the Hot Air Balloon Glow to be held on May 30, 2003, granting a
temporary use permit per LDR Section 2.4.6(H) for the closure of Atlantic Avenue on May 30,
2003 from A1A to Venetian between 5:00 p.m. and 11:00 p.m., and staff support for security and
traffic control, barricading, and signage preparation/set up, stage set up/take down, and trash
removal for this event.
8.Q. SPECIAL EVENT REQUEST/2003 BUD LIGHT PRO/AM VOLLEYBALL
TOURNAMENT: Approve a request from Exclusive Sports Marketing for the 2003 Bud Light
Pro/Am Volleyball Tournament to be held at the municipal beach on June 21 and 22, 2003.
8.R.
AWARD OF BIDS AND CONTRACTS:
Contract award to Envirodyne, Inc. in the amount of $18,709.00 for
supplemental laboratory analysis for water and wastewater for the
Environmental Services Department. Funding is available from 441-5124-
536-34.90 (Water Treatment/Storage/Other Contractual Services).
Purchase award to McCotter Ford in the amount of $20,748.00 via the
Florida Sheriffs Association and Florida Association of Counties Bid #02-
10-0826 for the purchase of a 2003 Ford Crown Victoria for the Police
Department. Funding is available from 001-2119-521-64.20 (Federal
Forfeiture Account).
Contract award to Arbor Tree & Land, Inc. in the amount of $44,500.00
for the removal of landscape and vegetative debris from the new Atlantic
High School Site. Funding is available from 334-6120-519-61.90 (Other
Land Costs).
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Lease award to Xerox Corporation in the total amount of $16,646.76 via
the Putnam Contract #071736300 for the lease of a Xerox DC555SH
digital copier for the Fire Department. Funding is available from 001-
2311-522-44.30 (Equipment Rental/Lease).
Purchase award to McCotter Ford in the amount of $30,933.00 via the
Florida Sheriffs Association Bid #02-10-0826 for the purchase of a 2003
Ford Excursion for the Police Department. Funding is available from 001-
2119-521-64.20 (Police District 2/Automotive).
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Bid award to Frederico, Inc. in the amount of $16,500.00 for demolition
and land clearing of the property located at 150 Davis Road. Funding is
available from 334-6120-519-61.90 (General Construction Fund/Other
Land Costs).
Mr. Levinson moved to approve the Consent Agenda as amended, seconded by
Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr.
Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion
passed with a 5 to 0 vote.
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REGULAR AGENDA:
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REQUEST FOR IN-LIEU PARKING SPACES/OCEAN CITY LOFTS:
Consider a request by Ocean City Lofts for the purchase of four (4) in-lieu parking spaces in the
amount of $48,000.00 and the construction improvement of thirteen (13) existing on-street
parking spaces in the adjacent rights-of-way. Ocean City Lofts is located at the southeast corner
ofN.E. 2nd Street and N.E. 4th Avenue and on the west side ofN.E. 4th Avenue, 100 feet south of
N.E. 2nd Street.
Paul Dorling, Director of Planning and Zoning, stated Ocean City Lofts is located
at the southeast and southwest corner of N.E. 2nd Street and N.E. 4th Avenue and is a proposed
mixed use development containing 63 residential units and 5,315 square feet of commercial
space located on the ground level. Pursuant to LDR Section 4.6.9(C)(8) Shared Parking, the
development requires 127 parking spaces. The proposed site plan provides 123 on-site parking
spaces. Pursuant to LDR Section 4.6.9(E)(3)(b)(2) the applicant is requesting the purchase of
four (4) in-lieu parking spaces at a cost of $12,000 each, totaling $48,000.
LDR Section 4.6.9(E)(3)(e) states in addition to in-lieu fees, where adequate
right-of-way exists adjacent to a proposed project the applicant must construct additional on-
street parking. Mr. Dorling stated while the applicant will provide appropriate delineation of
spaces, no new spaces will be created. Therefore, the applicant will not be eligible to receive
reimbursement of the in-lieu fees paid.
At its meeting of March 25, 2003, the Parking Management Advisory Board
unanimously recommended approval of the applicant's request.
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04/15/03
Mr. Costin moved to approve the request of Ocean City Lofts for the purchase of
four (4) in-lieu parking spaces and the construction improvements for the existing thirteen (13)
on-street parking spaces adjacent to the site, seconded by Mr. Levinson. Upon roll call the
Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 9.A. 1. of the Regular Agenda.
9.A.1.
FINAL SUBDIVISION PLAT APPROVAL/SABAL LAKES PHASE IV:
Approve the subdivision plat for Sabal Lakes Phase IV, located on the northeast corner of
Barwick Road and the LWDD Canal L-31. (Quasi-Judicial Hearing)
Mayor Perlman read into the record the City of Delray Beach procedures for
Quasi-Judicial Hearings.
Mayor Perlman asked the Commission to disclose any ex parte contacts. Mayor
Perlman stated he received an email from Kevin MacMahon. No ex parte contacts were
disclosed for Mrs. Archer, Mr. Costin, Mr. Levinson and Ms. McCarthy.
Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning
Department project file #2003-064 and project file #2003-082 into the record.
The City Clerk swore in those individuals who wished to give testimony on this
item.
Paul Dorling, Director of Planning and Zoning, stated on April 26, 1988, the City
Commission approved the Master Development Plan and Master Plan Narrative for Sabal Lakes,
a planned residential development.
At its meeting of November 18, 2002, the Planning and Zoning Board approved a
Master Development Plan modification with conditions and internal adjustments for Phase IV of
the Sabal Lakes subdivision. The approval was appealed to the City Commission by the Sabal
Lakes Phase III Board of Directors. At its meeting of December 10, 2002, the City Commission
upheld the Planning and Zoning Board's approval of the Master Development Plan Modification.
The plat currently before the City Commission is required for single-family/zero
lot line type developments and was listed as a condition of approval by the Planning and Zoning
Board with the Master Development Plan Modification.
At its meeting of February 24, 2003, the Planning and Zoning Board considered
the proposed plat and after review, the Board voted (6-0) to recommend approval of the
preliminary/final plat of Sabal Lakes Phase IV. Staff recommends approval of both the plat and
the abandonment request.
Mayor Perlman declared the Quasi-Judicial Hearing open.
Michael Rodriguez, representing the applicant,
recommendation for approval of both the plat and the abandonment.
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04/15/03
There being no one else from the public who wished to address the Commission
regarding the final plat for Sabal Lakes IV, the public hearing was closed.
Brief discussion followed between staff and the Commission.
Mr. Levinson stated he did not support the road change before because after
listening to Captain Licata he did have concerns that the stacking of vehicles on Barwick Road
from the Sabal Lakes entrance to the south was going to create a problem with people trying to
get out. Mr. Levinson asked if this has been discussed further and is it not going to be a problem
now? In response, Mr. Dorling stated this has been discussed and the traffic concerns will be
alleviated to some degree with the proposed re-alignment.
Mr. Perlman expressed concern over the traffic control at the new road and
inquired if this will require an additional staff person (i.e.C.S.O. or Police Officer). In response,
Mr. Dorling stated it would be necessary for an additional staff person wherever there are
additional conflicts. Mayor Perlman stated his concern was mitigated because if we did not take
the road out then we end up with a multi-family development. Mayor Perlman stated the single
family homes are more compatible with what currently exists.
Mrs. Archer asked for clarification as to whether Mayor Perlman means a second
traffic person or a crossing guard. In response, Mr. Dorling stated this would be primarily for
children to cross and he does not feel there would be a need for an officer to facilitate vehicular
control.
Mr. Costin moved to approve the final subdivision plat for Sabal Lakes Phase IV,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes;
Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said
motion passed with a 5 to 0 vote.
9.A.2. RESOLUTION NO. 22-03: Approve the abandonment of a portion of Sabal
Lakes Road dedicated by Official Records Book 8255, Page 1362, located within Sabal Lakes
Phase IV Development.
The caption of Resolution No. 22-03:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA VACATING AND
ABANDONING A PORTION OF SABAL LAKES ROAD,
LOCATED WITHIN SABAL LAKES PHASE 4
DEVELOPMENT, AS MORE PARTICULARLY DESCRIBED
BY EXHIBIT "A".
(The official copy of Resolution No. 22-03 is on file in the City Clerk's office.)
Ms. McCarthy moved to approve Resolution No. 22-03 approving the
abandonment of a portion of Sabal Lakes Road Phase IV, seconded by Mrs. Archer. Upon roll
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call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to a vote.
At this point, Mrs. Archer left the dais.
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REQUEST FOR IN-LIEU PARKING SPACES/BELUGA WINE BAR:
Consider a request by Beluga Wine Bar for the purchase of four (4) in-lieu parking spaces in the
amount of $48,000.00 and the construction of six (6) on-street parking spaces in the adjacent
rights-of-way.
Paul Dorling, Planning and Zoning Director, stated the proposal calls for a
restaurant with outdoor seating area totaling 1,929 square feet and a two-bedroom residential unit
on the second floor. Pursuant to LDR Section 4.4. i(G)(i)(d) and (e) the proposed development
requires the provision of fourteen (14) parking spaces and the site plan provides ten (ia) parking
spaces. Pursuant to LDR Section 4.6.9(E)(3)(b)(2) the applicant is requesting the purchase of
four (4) in-lieu parking spaces at $12,000 each, totaling $48,000.
Mr. Dorling stated LDR Section 4.6.9(E)(3)(e) states in addition to in-lieu fees
due where adequate right-of-way exists adjacent to a proposed project, the applicant must
construct additional on-street parking. The applicant proposes to construct six (6) off-site
parking spaces within the right-of-way and will seek reimbursement of a portion of the in-lieu
parking fee.
At its meeting of March 25, 2003, the Parking Management Advisory Board
unanimously recommended approval of the applicant's request.
Mr. Levinson moved to approve the request of Beluga Wine Bar & Restaurant for
the purchase of four (4) in-lieu parking spaces and the construction of six (6) on-street parking
spaces, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mr. Levinson - Yes. Said motion
passed with a 4 to a vote.
At this point, Mrs. Archer returned to the dais.
9.C. FISCAL AGENT/ADM PREVENTION
GRANT/VILLAGE
FOUNDATION: Consider a request for the City to act as the fiscal agent for funds in the
amount of $185,000.00 from the Florida State Department of Children and Families' Alcohol,
Drug Abuse and Mental Health Prevention Grant Program through a service agreement with the
Village Foundation.
Lula Butler, Director of Community Improvement, stated this is a request before
the Commission for approval to allow the City to act as the fiscal agent for programs and dollars
funded through the State ADM Prevention Grant Program on behalf of the Village Foundation.
The City served as the fiscal agent and administered the ADM Prevention Grant Program dollars
for the MAD DADS organization now doing business as Village Foundation from 1994 to 2002.
The CEO exercised his option to contract directly with the State for fiscal year 2002/2003. The
State is now requesting the City to once again become the fiscal agent of these funds. The total
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funding request is $185,000.
Mr. Levinson commented that he would like to see the agreement with changes
before it is executed. Ms. Butler stated the agreement is required to come back to the
Commission before it is executed and explained that the request before the Commission this
evening only gives staff the authority to submit the application to the State.
Ms. McCarthy moved to approve proceeding forward to submit the application to
the State, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes.
Said motion passed with a 5 to 0 vote.
9.D. SPECIAL EVENT REQUEST/5th ANNUAL GARLIC FESTIVAL: Consider
approval of a special event request for the 5th Annual Garlic Festival to be held November 7-9,
2003, granting a temporary use permit for use of City rights-of-way (N.E. 1st Avenue from
Atlantic Avenue to N.E. 1st Street and N.E. 2"d Avenue from the alley just north of Atlantic
Avenue to N.E. 1st Street), sign code waiver to allow signs more than one week prior to the
event, staff assistance as requested; contingent upon sponsor providing a certificate of insurance,
liquor liability insurance, and a hold harmless agreement.
Robert A. Barcinski, Assistant City Manager, stated this is a request for the
Commission to consider endorsement of the 5th Annual Garlic Festival event which is scheduled
to be held November 7-9, 2003. The request also includes a temporary use permit request for the
closure of N.E. 1st Avenue from Atlantic to the alley. In addition, the request includes the
closure ofN.E. 2nd Avenue north of Atlantic to N.E. 1st Street. The request also includes the use
of the north side of the City Hall parking lot, Worthing Park parking lot for people coming to the
event as well as vendors. Staff support is also requested as outlined in the agenda backup memo
and a request to waiver LDR's Section 4.6.7(D)(3)(j)(ii) to allow signage and banners to be
placed more than one week prior to the event. The estimated overtime is approximately $20,000.
Ms. McCarthy asked when the non-profit status will actually be in place. In
response, Nancy Stewart, Executive Director for the Garlic Festival, stated everything is in place
for the non-profit status. Ms. McCarthy asked if the owners of the Bread Company came back to
staff with some type of compromise when they responded. In response, Mr. Barcinski stated Mr.
Himmerlich did not verbally agree to the compromise and he did not alter another suggestion.
Billy Himmerlich, owner of the Bread Company, stated he spoke with Nancy
Stewart and voiced his concern for safety reasons as well as for functional reasons for the
bakery. Mr. Himmerlich urged the Commission that the street not be entirely closed off because
it denies them access to the only parking for the Bread Company.
Brief discussion followed between staff and Mr. Himmerlich.
Nancy Stewart, Executive Director the Delray Beach Festival, stated about two
parking spots in front of the door of the Bread Company and stated the fence can be put on the
west side of the two parking spots to provide a little more space. In addition, Ms. Stewart stated
they have agreed to provide security. Ms. Stewart stated they are working with Toussaint
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L'Ouverture High School on an art project to help decorate the fence so that people who attend
the Garlic Festival will not just be looking at a fence.
Mr. Costin moved to approve the special event request for the 5th Annual Garlic
Festival to be held November 7-9, 2003, subject to the changes in the location of the fence, the
closure of N.E. 1st Avenue as per the compromise proposed by Ms. Nancy Stewart, and staff
recommendations, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy -Yes; Mayor Perlman
- Yes. Said motion passed with a 5 to 0 vote.
9.E. RESOLUTION NO. 26-03: Consider approval of Resolution No. 26-03
establishing a Public Arts Implementation Committee.
The caption of Resolution No. 26-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, ESTABLISHING AN
IMPLEMENTATION COMMITTEE FOR THE PURPOSE OF
CREATING A NOT-FOR-PROFIT CORPORATION AND
OUTLINING PROCEDURES NECESSARY TO IMPLEMENT
THE CITY PUBLIC ARTS ORDINANCE.
(The official copy of Resolution No. 26-03 is on file in the City Clerk's office.)
Brian Shutt, Assistant City Attorney, stated this resolution was drafted based on
direction that staff received from the Commission Workshop meeting last week. The resolution
provides that four members of the Public Arts Task Force shall be appointed to the Public Arts
Implementation Committee and another five members (3 laypersons, one accountant and a legal
professional) will be chosen by the Commission to be appointed on the Implementation
Committee. The Committee shall sunset by October 1, 2003. The $20,000 payment shall be
deemed an advance on art fees to be paid by the city during the 2004 fiscal year.
Mrs. Archer moved to approve Resolution No. 26-03, seconded by Mr. Levinson.
Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0
vote.
9.F. FUNDING FOR PARKING/DELRAY BEACH PUBLIC LIBRARY:
Consider information on the Debt Service Analysis for the Delray Beach Public Library Parking
Project and direct staff regarding same.
Due to a conflict of interest, Mr. Levinson refrained from any discussion
regarding the library.
Joseph Safford, Finance Director, stated per the direction of the Commission and
the City Manager, the Finance Department has prepared the debt service cost for the $2.5 million
that the library is requesting. Mr. Safford explained that this is structured like a bond issue
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because this will be financed over a period of twenty years. Mr. Safford stated staff designed
what the debt service will look like in next year's budget and compared that to the current budget
and included the debt service for the library. Mr. Safford explained that the debt service will
remain relatively stable next year and will be less than the debt service from this year.
The City Manager stated in terms of millage (if this is not done) it amounts to
approximately four hundredths of a mill.
Mr. Costin and Mrs. Archer stated they both support the Debt Service Analysis.
Mayor Perlman stated this is an important project and he feels this is a good
investment that will reap many returns for the City of Delray Beach. In addition, Mayor Perlman
noted that the library has raised significant dollars to complete this project and will also open a
key redevelopment site which should net the city some tax base when the library is relocated.
Ms. McCarthy stated she too supports the Debt Service Analysis and thanked Mr.
Safford for the extra time he spent with her today regarding this issue.
It was the consensus of the Commission to proceed with drafting an agreement
with the Library and the CRA regarding the funding.
At this point, the time being 7:00 p.m. the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 7-03 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending Chapter 4, "Zoning Regulations", of the Land
Development Regulations by amending Section 4.4.9 (G)(2), "North Federal Highway Overlay
District" to add self service storage facilities as a conditional use and provide specific
regulations, LDR Section 4.4.9 (G)(2)(c), for these facilities. Prior to consideration of passage of
Ordinance No. 7-03 a public hearing has been scheduled to be held at this time. (Quasi-Judicial
Hearing)
The caption of Ordinance No. 7-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING CHAPTER FOUR, "ZONING
REGULATIONS", ARTICLE 4.4, "BASE ZONING
DISTRICT", SECTION 4.4.9, "GENERAL COMMERCIAL
(GC) DISTRICT", SUBSECTION (G)(2), "NORTH FEDERAL
HIGHWAY OVERLAY DISTRICT", TO ADD SELF
SERVICE STORAGE FACILITIES AND ADDING
SUB SECTION (c) PROVIDING SUPPLEMENTAL
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REGULATIONS FOR SELF
FACILITIES; PROVIDING A
GENERAL REPEALER CLAUSE,
DATE.
SERVICE STORAGE
SAV1NG CLAUSE, A
AND AN EFFECTIVE
(The official copy of Ordinance No. 7-03 is on file in the City Clerk's office.)
The City Attorney stated this item will be conducted as a quasi-judicial hearing
which allows for presentations by all involved parties, the admission of documents into the
record and public testimony.
The City Clerk swore in those individuals who wished to give testimony on this
item.
Mayor Perlman asked the Commission to disclose any ex parte contacts. Mrs.
Archer stated she had conversations with Michael Weiner, Anthony Pugliese, Meryl Stumberger,
Tom McCormick, and received a copy of correspondence from Badcock Home Furniture &
More. Mr. Costin stated he had conversations with Tom McCormick, Anthony Pugliese,
Michael Weiner, Meryl Stumberger, Becky Jennings, and received a copy of the correspondence
from Badcock Home Furniture & More who wrote in support of the project. Mayor Perlman
stated he met with Michael Weiner, Anthony Pugliese, Meryl Stumberger, and received a letter
from John Baber, President of Badcock Home Furniture & More. Ms. McCarthy stated she has
had no conversations with anyone but she did receive a copy of the letter from Badcock Home
Furniture & More in support of this project. Mr. Levinson stated he had conversations with
Michael Weiner, Anthony Pugliese, Meryl Stumberger, Tom McCormick, and Bonnie Kuljian of
Kokomo Key and received a copy of the letter from Badcock Home Furniture & More.
Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning
Department project file #2003-129.
Mr. Dorling stated currently self service storage facilities are only allowed in the
MIC (Mixed Industrial Commercial) and the LI (Light Industrial) zoning districts and are limited
to one story. This LDR will expand the area to include the GC (General Commercial) zoning
district to include the North Federal Highway Redevelopment Plan and increase the allowable
height to 48 feet to accommodate a new self storage facility. The North Federal Highway area
was subject to a Planning "Charrette". This process included a large public input component and
resulted in the development of the North Federal Highway Redevelopment Plan which was
adopted by the City Commission on March 16, 1999. The Overlay District was approved to
allow certain light industrial uses to stimulate redevelopment in this area. It is noted that not
only is this use not identified as an appropriate use it is currently specifically prohibited. Mr.
Dorling stated this amendment is not consistent with the Comprehensive Plan particularly with
the Future Land Use Element Policy C-1.4. The applicant's justification statement further
implies the type of use is needed in the city and the staff report identifies lA million square feet of
self storage facility in or near the city limits. Mr. Dorling stated the LDR amendment cannot be
made and as the LDR amendment does not further the goals, objectives and policies of the
Comprehensive Plan and in fact is in direct conflict with the Comprehensive Plan, staff
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recommends denial of the request.
Mayor Perlman declared the Quasi Judicial Hearing open.
Michael Weiner, representing the applicant, made a brief presentation for the
property located at 2512 North Federal Highway. Mr. Weiner stated that this is an amendment to
the LDR's of the City of Delray Beach, Florida specifically Section 4.4.9(G)(2) in order to allow
self storage service facilities as a conditional use in the North Federal Highway Overlay District.
Mr. Weiner stated they are asking for assistance to amend the ordinances in order to have the
opportunity to construct a mixed use facility where a nursery and vacant land are presently
located.
John Mullholland stated he has been in this industry for eighteen years and has
seen it develop from a metal building and unpaved driveways to this. This is designed to serve
local residents primarily very small businesses and designed basically to serve the community.
Mr. Mullholland stated these are localized facilities that have served localized markets and
explained that these are pushed by convenience and by people who have excess things they need
to store.
Robert Rennebaum, P.E. (President of Simmons & White, Inc.), stated self-
storage generates the lowest traffic that can be put on this site. Mr. Rennebaum stated the
alternative for a retail use in the general commercial district of small 20,000 square feet in size,
would generate twice as much traffic as this would. Mr. Rennebaum stated that a traffic impact
statement has been submitted to staff that shows capacity is available on the adjacent roadways.
Bradley D. Miller, AICP, President of Miller Land Planning & Consultants, Inc.,
Delray Beach, stated he has reviewed the project in comparison with the Comprehensive Plan
and the current regulations and most important component of the North Federal Highway Plan
was to encourage the revitalization of that area. Mr. Miller stated he feels this project makes it
consistent with the North Federal Highway Plan and the Comprehensive Plan. Mr. Miller stated
this is a difficult area because of the depth of the property and noted that they are complying with
the retail along Federal Highway and the service uses along Dixie Highway. The self storage use
provides an innovative use that will help with the residents moving into the area as well as the
businesses to provide that additional storage space.
At this point, Mr. Weiner entered into the record the letters of support.
Mayor Perlman declared the public hearing open.
McCall Credle-Rosenthal, 817 North Lake Avenue, Delray Beach (President of
the La Hacienda Homeowners' Association), stated she is speaking on behalf of the neighbors
and commented that they support the project.
Bonnie Kuljian, 925 Kokomo Key Lane, Delray Beach (President of the Board),
stated she sent a letter to the residents asking their opinion along with a copy of the
recommendation from Planning and Zoning. Ms. Kuljian stated she received 90 signatures
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opposing the project.
Todd Harvey, 848 Kokomo Key Lane, Delray Beach, stated he does not feel that
the proposed project for a self storage facility is consistent with the plan that was set forth. With
regard to the redevelopment in the area, Mr. Harvey stated there are a lot of positive things in the
North Federal Highway area and he feels the Plan is working. Mr. Harvey stated he does not
want to see a zoning change that could open up the possibility for other things to come in that
could potentially have a negative impact.
There being no one else from the public who wished to address the Commission
regarding the proposal, the public hearing was closed.
Mr. Dorling stated that at the Planning and Zoning Board meeting it was indicated
that this would involve 12,002 storage areas in about 130,000 square feet. Mr. Dorling
continued to state that there is a small component of office and commercial which equates to
approximately 10,000 square feet. Mr. Dorling stated at its meeting of March 15, 2003, the
Planning and Zoning Board unanimously recommended denial to the City Commission of the
proposed text amendment based upon a failure to make positive findings with respect to LDR
Section 2.4.5(M).
Mr. Weiner stated they are not abandoning the North Federal Highway Plan but
he feels there is a difference in opinion of what the Plan says. Mr. Weiner stated that the Plan
states it wants "new uses". Mr. Weiner stated with respect to this particular parcel this is unusual
set of circumstances. He explained that it is 400 feet long (twice as long as it is wide) and there
is a need to put something in the middle.
Brief discussion by the Commission followed.
Mrs. Archer stated she has a storage unit and commented that it does not look like
the proposed facility and commented that there is little activity with regard to people coming and
going. Mrs. Archer stated she does not feel that there is a lot of activity that is added by a
storage unit. However, Mrs. Archer stated this is clearly not what one thinks of when thinking of
a storage facility. Mrs. Archer stated this is an interesting use of a mixed use in an area and she
supports the project.
Mr. Levinson stated he supports the project because he feels it is a nice addition to
the corridor, it is a good looking building, it is a good mixed use facility with office retail and
some self storage. In addition, Mr. Levinson stated with all the residential going up in the area
the storage facility will need to go somewhere.
Mr. Costin stated he struggled a little with this and came to the conclusion that
this property is unique in that the depth of it does not allow full utilization of the property in the
inner part of the properties. Mr. Costin stated he does not feel there would be a condition
available for use on North Federal Highway that would be more pleasing then this particular
structure and he supports the project.
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Ms. McCarthy stated she feels this is a creative and aesthetically appealing project
that could create a very positive addition to the neighborhood. Ms. McCarthy inquired about the
height restriction of 48 feet. In response, Mr. Dorling stated the amendment that is being
proposed is specific to the current regulations which apply to self storage which limit the heights
to 15 feet. Mr. Dorling stated staff is not aware of where the height is being measured and noted
there are some additional changes that are being proposed with respect to parking and the like
that deviates from what is currently required elsewhere for self storage facilities.
The City Manager expressed concern over the parking situation because what is
being proposed, and what the ordinance would allow, is zero parking spaces for all the storage
bays and zero parking spaces with two loading spaces. The City Manager stated that he does not
feel a minimum of two parking spaces will be adequate and he feels there will be parking
problems unless the number of parking spaces is increased.
Mr. Dorling stated there is a small mixed use element and commented that when
the CRA considered this request, they recommended approval subject to the applicant increasing
the retail and office components.
The City Attorney stated if the Commission wishes to change parking and the
square footage as it relates to a retail use this would need to be done in an ordinance which
would require the Commission to bring back a new ordinance because the current ordinance has
already been advertised as a public hearing.
Mr. Miller stated since the initial concept they have added twelve parking spaces
that would essentially be designated for the self storage use. He stated that with the mixed use,
there is shared use of the spaces throughout the project.
Mr. Costin asked if the parking requirements conform to the retail space as in the
present City Code. In response, Mr. Miller stated there is enough parking there for the retail uses
and reiterated that this would be a shared use between those.
Mrs. Archer asked if the retail fronting is Federal Highway and Dixie Highway.
In response, Mr. Miller stated the retail uses are actually fronting Federal Highway per the North
Federal Highway Plan and the service/office uses are facing Dixie Highway.
Ms. McCarthy asked how many parking spaces will there be? In response, Mr.
Miller stated on the site plan that is being referred to there is total of 58 parking spaces.
Mayor Perlman stated the plans need to be flexible and he feels having the retail
element of this is a benefit and a good balance. Mayor Perlman continued to state the building is
very attractive and he supports the project.
ordinance.
Mrs. Archer moved to deny the Ordinance No. 7-03 and direct staff to draft a new
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For the record, the City Attorney stated a change in the parking requirements
would in effect be a "zoning ordinance in progress" and the applicant would be bound by this.
Mr. Weiner stated this would be acceptable by the applicant.
Ms. McCarthy asked for clarification with regard to approving a "zoning
ordinance in progress". In response, the City Attorney stated the Commission can deny the
ordinance and bring back a new one. Or, approve this ordinance with the idea to amend it and
with the understanding that the City has given the applicant notice that staff will amend the
ordinance with regard to the parking, and that the applicant is also subject to the changes to be
contained in the new ordinance with regard to parking and any other changes to square footage
requirements, etc.
After brief discussion and for clarification purposes, the Commission directed
staff to evaluate what parking should be required and draft a new ordinance. The Commission
concurred that there would be no changes to the square footage requirements.
After discussion, Mrs. Archer stated she would like to restate her motion as
follows:
Mrs. Archer moved to adopt Ordinance No. 7-03 on Second Reading/Second
Public Hearing, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs.
Archer - Yes. Said motion passed with a 5 to 0 vote.
10.B. ORDINANCE NO. 47-02 (ADOPTION HEARING FOR COMPREHENSIVE
PLAN AMENDMENT 2003-01): Consider on second reading an ordinance adopting
Comprehensive Plan Amendment 2003-01 and associated Future Land Use Map (FLUM)
amendment (Previously adopted as Comprehensive Plan Amendment 2002-02). Prior to
consideration of passage of Ordinance No. 47-02 a public hearing has been scheduled to be held
at this time.
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.
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(The official copy of Ordinance No. 47-02 is on file in the City Clerk's office.)
Amendment 2003-01 includes:
· 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
planning area.
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 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.
Dan Marfino, Principal Planner, stated Comprehensive Plan Amendment 03-1
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 declined to process the amendment as the
City had already adopted two comprehensive plan amendments (01-2 on February 15th and 02-1
on October 15th) during the 2002 calendar year. It had been previously understood that the twice
yearly limit applied to an amendments effective date and not the adoption date. It is now
necessary to readopt the same amendment and associated ordinance in the current calendar year.
No items in this amendment have been added, deleted, or modified in any respect,
from those items previously considered and adopted in Comprehensive Plan Amendment 02-2 on
December 3, 2002. Amendment 03-1 includes one (1) Privately-initiated Future Land Use Map
amendment and five (5) 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 on
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September 2, 2002, and recommended approval of the transmittal of the amendment to the
Florida Department of Community Affairs.
Mayor Perlman declared the public hearing open. There being no one who
wished to address the Commission regarding Ordinance No. 47-02, the public hearing was
closed.
Mr. Levinson moved to adopt Ordinance No. 47-02 on Second and FINAL
Reading, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson -
Yes. Said motion passed with a 5 to 0 vote.
10.C. ORDINANCE NO. 5-03: An ordinance amending Chapter 7, "Building
Regulations", Chapter 2, "Administrative Provisions" Section 2.4.6, "Procedures for Obtaining
Permits", and Chapter 4, "Zoning Regulations", Section 4.5.4 "Coastal Construction" of the
Land Development Regulations to provide consistency with the 2001 Florida Building Code
Changes. Prior to consideration of passage of Ordinance No. 7-03 a public hearing has been
scheduled to be held at this time.
The caption of Ordinance No. 5-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING CHAPTER 7, "BUILDING REGULATIONS",
SECTION 7.1.3, "BUILDING CODE" AND SECTION 7.1.7,
"SEAWALLS"; ARTICLE 7.2, "ELECTRICAL CODE",
SECTION 7.2.1, "GENERAL PROVISIONS", SECTION 7.2.2,
"PERMITS AND INSPECTIONS", AND SECTION 7.2.3,
"TECHNICAL REQUIREMENTS"; ARTICLE 7.3, "GAS
CODE", SECTION 7.3.1, "ADOPTION BY REFERENCE";
ARTICLE 7.5, "MECHANICAL CODE"; ARTICLE 7.6,
"PLUMBING CODE"; CHAPTER 2, "ADMINISTRATIVE
PROVISIONS", SECTION 2.4.6, "PROCEDURES FOR
OBTAINING PERMITS AND APPROVALS", SUBSECTION
2.4.6(B), "BUILDING PERMITS" AND SUBSECTION 2.4.6(C),
"CERTIFICATE OF OCCUPANCY"; CHAPTER 4, "ZONING
REGULATIONS", SECTION 4.5.4 "COASTAL
CONSTRUCTION", SUB SECTION 4.5.4(C) "DEVELOPMENT
REGULATIONS", TO PROVIDE FOR THE ADOPTION OF
THE 2001 FLORIDA BUILDING CODE AND AMENDMENTS
TO THE 2001 FLORIDA BUILDING CODE ADOPTED BY
PALM BEACH COUNTY, TO ELIMINATE DUPLICATIONS,
TO RENUMBER AND REORGANIZE AS APPROPRIATE;
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04/15/03
PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 5-03 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.
Paul Dorling, Director of Planning and Zoning, stated the proposed text
amendments are to modify the applicable LDR sections to achieve consistency with the 2001
Florida Building Code and amendments to the 2001 Florida Building Code adopted by Palm
Beach County, as well as to eliminate duplications, and to renumber and reorganize as
appropriate.
At its meeting of March 17, 2003, the Planning and Zoning Board held a public
hearing regarding this item and after discussion, the Board voted (6-0) to unanimously
recommended approval.
Mayor Perlman declared the public hearing open. There being no one who
wished to address the Commission regarding Ordinance No. 5-03, the public hearing was closed.
Mr. Costin moved to adopt Ordinance No. 5-03 on Second and FINAL Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman -
Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said
motion passed with a 5 to 0 vote.
10.D. 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
displays. Prior to consideration of passage of Ordinance No. 8-03 a public hearing has been
scheduled to be held at this time.
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
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04/15/03
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. 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 Perlman declared the public hearing open. There being no one who
wished to address the Commission regarding Ordinance No. 8-03, the public hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 8-03 on Second and FINAL Reading,
seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Costin - Yes;
Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said
motion passed with a 5 to 0 vote.
10.E. ORDINANCE NO. 9-03: An ordinance amending Chapter 95, "Emergency
Management", of the City Code of Ordinances by amending Section 95.10, "Fire and Hazardous
Materials Emergencies" to clarify the definition of hazardous materials. Prior to consideration of
passage of Ordinance No. 9-03 a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 9-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 95, "EMERGENCY MANAGEMENT", SECTION
95.10, "FIRE AND HAZARDOUS MATERIALS
EMERGENCIES", TO CLARIFY THE DEFINITION OF
HAZARDOUS MATERIALS, PROVIDING A SAVINGS
CLAUSE AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 9-03 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 Perlman declared the public hearing open. There being no one who
wished to address the Commission regarding Ordinance No. 9-03, the public hearing was closed.
Ms. McCarthy moved to adopt Ordinance No. 9-03 on Second and FINAL
Reading, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer
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- Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes.
Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 11, Comments and Inquiries on
Non-Agenda Items from the City Manager and the Public.
ll.A.
City Manager's response to prior public comments and inquiries.
The City Manager had no response to prior public comments and inquiries.
11.B. From the Public.
ll.B.1. Jennifer Wood~ 917 Bucida Road~ Delray Beach~ stated she has noticed a lot of
development in the A1A area and commented the front area of the latest estate at the boundary of
Highland Beach and Delray Beach is only 36 feet or so from the pavement of A1A. Ms. Wood
stated if this continues north she feels the beauty and landscaping will be lost and she would like
to see this preserved. Furthermore, Ms. Wood stated too many large estates are being built along
the Gold Coast and she feels this is destroying the views and charm of the city.
Mayor Perlman informed Ms. Wood that he will be meeting with a couple of the
trustees of the Beach Property Owners' Association next week about neighborhood design
guidelines for the beach area and he stated they will hopefully address some of her concerns.
ll.B.2. Kevin Ballard~ 248 N.W. 14th Avenue~ Delray Beach~ expressed support for
Chuck Ridley despite what has been written in the newspaper about his financial problems. Mr.
Ballard urged the Commission to support for Mr. Ridley and commented that he has been very
instrumental in the redevelopment for West Atlantic Avenue and would like to keep Mr. Ridley
working for the community.
ll.B.3. Bernard Quince~ President of MAD DADS Chief Patrol spoke in support of
Chuck Ridley and stated that whatever needs to be done for the community he feels Mr. Ridley
can still get it done regardless of the fact what has happened and urged the Commission to
support him.
ll.B.4. Bettina Pratt~ 320 S. Ocean Boulevard Unit #V-F~ Delray Beach (Lanikai
Villas Condominium) stated she is opposed to the lifeguard station being built within their
view and she feels this diminishes the value of their beachfront property. Ms. Pratt stated she
feels the lifeguard station is an intrusion and expressed concern over this being a safety issue.
Ms. Pratt continued to state the new station is 400 feet from the water on the back side of the
dune making it too far to see over the berm where the children play at the water's edge. Ms.
Pratt stated lifeguards sit in the high unprotected wooden chairs nearer to the water and are
subjected to health hazards such as skin cancer, respiratory problems and eye damage. Ms. Pratt
stated before the lifeguard tower was planned she feels that the lifeguards and residents of
Lanikai Villas Condomium should have been consulted to discuss their thoughts and
suggestions. Ms. Pratt stated the residents of Lanikai Villas investigated state of the art mobile
lifeguard stations which give adequate protection from the elements. Ms. Pratt explained that the
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04/15/03
mobile lifeguard stations are less expensive, designed for maximum air circulation and sun
protection, have minimal blind spots and are moveable.
Lastly, Ms. Pratt expressed concern over the height of the trees and hedges which
have obliterated the water's view. Ms. Pratt stated the shrubbery is a problem in itself and she
feels it acts as a hide behind fence for noisy nighttime activities. Ms. Pratt urged the
Commission to help correct this problem by cutting down the shrubs and trimming the trees to
restore peace, quiet and safety to the area.
ll.B.5. Pamela Stevens~ 320 S. Ocean Boulevard Unit #UR (Lanikai Villas
Condominium) Delra¥ Beach~ is strongly opposed to the lifeguard station and inquired if the
lifeguard stations went through the same approval process with the Planning and Zoning Board.
Ms. Stevens supports the portable lifeguard stations and stated the lifeguard station that is in the
process of being built is useless and commented that it is located much closer to her home then it
is to the edge of the water. Ms. Stevens urged the Commission to look into this matter with the
people who live on the beach and stated she and others were not aware that the lifeguard stations
were going to be built.
ll.B.6. Charlotte Wright~ 802 N.W. 2nd Street~ Delray Beach~ expressed concern over
there being a need for more activity centers in the community.
ll.B.7. Rita Ellis~ 512 Andrews Avenue~ Delray Beach~ asked the Commission to take a
project that they have been working on for sometime and move it up on the priority scale. Ms.
Ellis stated she is the owner of Climate Control Services (a mechanical service company) and
they primarily change out air conditioners for people which require a permit. Ms. Ellis stated she
has had some discussion with Lula Butler, Director of Community Improvement, about the
ability to obtain these permits online versus picking up the permits in person in order to pay for
them. Ms. Ellis encouraged the Commission to look into this because she feels it will benefit a
great number of people.
ll.B.8. Al Williams~ 734 E. Chatelaine Boulevard~ Delray Beach (member of the
current Residents Academy)~ thanked the City of Delray Beach for providing the Residents
Academy and stated he feels this is a great program. However, Mr. Williams stated during the
last session he noticed that the Reserve Fund is low. Mr. Williams suggested that the
Commission think of some creative ways to increase the amount in the Reserve Fund.
At this point, the Commission moved to Item 12, First Readings and Ms.
McCarthy left the dais.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 11-03: An ordinance amending Chapter 91, "Animals" of the
City's Code of Ordinances by amending Section 91.02, "Livestock and Poultry", Section 91.25,
"Vicious Dogs; Muzzles", Section 91.26, "Report of Dog Bites Required", Section 91.28,
"Impoundment; Disposition", and Section 91.42, "Impoundment Authorized Disposition" to
accurately reflect the department/designees responsible for handling animal complaints and
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impoundment issues; and provide for an impoundment fee of $10.00. If passed, a public hearing
will be scheduled for May 6, 2003.
The caption of Ordinance No. 11-03 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 91.02,
"LIVESTOCK AND POULTRY; IMPOUNDMENT",
AMENDING SECTION 91.25, "VICIOUS DOGS;
MUZZLES", AMENDING SECTION 91.26, "REPORT OF
DOG BITES REQUIRED", AMENDING SECTION 91.28,
"IMPOUNDMENT; DISPOSITION"; AMENDING SECTION
91.42, "IMPOUNDMENT AUTHORIZED; DISPOSITION",
PROVIDING FOR REFERENCES TO THE ANIMAL
CONTROL OFFICER INSTEAD OF CITY; PROVIDING
FOR REFERENCES TO CATS AND DOGS INSTEAD OF
ANIMALS AND INCREASING THE DISPOSAL FEE FROM
$5 TO $10; PROVIDING A SAVINGS CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 11-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Mrs. Archer asked if a vicious dog is considered a vicious dog because it has
previously attacked or bitten someone or is it based on a type of breed (i.e. pit bull). Terrill
Pyburn, Assistant City Attorney, explained that staff was trying to keep the definition consistent
with the County's definition of vicious animals.
Mr. Levinson moved to approve Ordinance No. 11-03 on FIRST Reading,
seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson - Yes;
Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0
vote.
At this point, the Commission moved to Item 9.G. of the Regular Agenda.
9oGo
APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS:
Appoint three (3) regular members to the Board of Construction Appeals for unexpired terms
ending August 31, 2003 and August 31, 2004. Based upon the rotation system, the appointments
will be made by Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), and
Mayor Perlman (Seat #5).
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Mr. Levinson moved to appoint Fred Fetzer (Engineer) as a regular member to the
Board of Construction Appeals for an unexpired term ending August 31, 2003, seconded by Mrs.
Archer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin -
Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote.
Mayor Perlman stated he wished to appoint Mary Ellen Keating
(Construction/Teacher) as a regular member to the Board of Construction Appeals for an
unexpired term ending August 31, 2004. Mr. Levinson so moved, seconded by Mr. Costin.
Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - 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.
Ms. McCarthy moved to appoint Clifton Miller (General Contractor) as a regular
member to the Board of Construction Appeals for an unexpired term ending August 31, 2004,
seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mayor Perlman -
Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said
motion passed with a 5 to 0 vote.
9.H. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one (1)
regular member to the Civil Service Board for a two (2) year term ending April 1, 2005. Based
upon the rotation system, the appointment will be made by Commissioner McCarthy (Seat #4).
Ms. McCarthy moved to appoint Larry Zalkin (Financial Advisor) as a regular
member to the Civil Service Board for a two (2) year term ending April 1, 2005, seconded by
Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer
- Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed
with a 5 to 0 vote.
9.1. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint
two (2) regular members to the Code Enforcement Board for unexpired terms ending January 14,
2004 and January 14, 2006. Based upon the rotation system, the appointments will be made by
Commissioner Levinson (Seat #3) and Commissioner McCarthy (Seat #4).
Mr. Levinson moved to appoint David Hawke (Architecture) as a regular member
to the Code Enforcement Board for an unexpired term ending January 14, 2004, seconded by
Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion
passed with a 5 to 0 vote.
Ms. McCarthy moved to appoint Robert Marks (Construction Inspector) as a
regular member to the Code Enforcement Board for an unexpired term ending January 14, 2006,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy -
Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes.
Said motion passed with a 5 to 0 vote.
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9.J. APPOINTMENTS TO THE COMMUNITY REDEVELOPMENT
AGENCY BOARD: Appoint two (2) members to the Community Redevelopment Agency
Board for unexpired terms ending July 1, 2005 and July 1, 2006. Based on the rotation system,
the appointments will be made by Commissioner Levinson (Seat #3) and Commissioner
McCarthy (Seat #4).
Because of a conflict of interest, Mayor Perlman stepped down due to a ruling
from The Florida Commission on Ethics and passed the gavel to Vice Mayor Levinson.
Vice Mayor Levinson moved to appoint Franklin Wheat as a member to the
Community Redevelopment Agency Board for an unexpired term ending July 1, 2005, seconded
by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mr.
Costin - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes. Said motion passed with a 4 to 0
vote.
Prior to the vote, Vice Mayor Levinson voiced his concerns with the appointment
of Mr. Lewis due to activities at his place of business.
Ms. McCarthy moved to appoint Howard Lewis (Business) as a member to the
Community Redevelopment Agency Board for an unexpired term ending July 1, 2006, seconded
by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer
- Yes; Vice Mayor Levinson - No; Ms. McCarthy - Yes. Said motion passed with a 3 to 1 vote.
Mayor Perlman returned and Vice Mayor Levinson passed the gavel to Mayor
Perlman.
9.K. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint
two (2) alternate members to the Nuisance Abatement Board for two-year terms ending March
31, 2005. Based upon the rotation system, the appointments will be made by Commissioner
Costin (Seat #1) and Commissioner Archer (Seat #2).
Mr. Costin moved to appoint Mark Behar (Property Management) as an alternate
member to the Nuisance Abatement Board for a two year term ending March 31, 2005, seconded
by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion
passed with a 5 to 0 vote.
Mr. Archer moved to appoint Eileen Marks (Retired CSR/Banking) as an alternate
member to the Nuisance Abatement Board for a two year term ending March 31, 2005, seconded
by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion
passed with a 5 to 0 vote.
0oEo
APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT
SYSTEM BOARD OF TRUSTEES: Appoint one (1) member to the Police and Firefighters'
Retirement System Board of Trustees to fill a two (2) year term ending April 22, 2005. Based on
the rotation system, the appointment will be made by Mayor Perlman (Seat #5).
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04/15/03
Mayor Perlman moved to reappoint John "Jack" Frysinger to the Police and
Firefighters' Retirement System Board of Trustees to fill a two year term ending April 22, 2005,
seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson - Yes;
Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - No. Said motion
passed with a 4 to 1 vote.
At this point, the Commission moved to Item 13, Comments and Inquiries on
Non-Agenda Items.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager.
With regard to a concern expressed at the April 1 st meeting regarding motorcycle
noise on North Federal Highway, the City Manager stated that additional signage has been
installed in the 100 block of North Federal Highway. Mr. Levinson stated he has noticed on
weekends (predominantly Friday and Saturday nights) he does not see a Police officer at some of
the places where the noise from the motorcycles occurs most. He suggested perhaps an officer
could be assigned to these areas for a couple of weekends to help get the message out to the
offenders.
With regard to comments expressed by Mayor Perlman and Commissioner Costin
with regard to litter, the City Manager stated the crews who clean up West Atlantic Avenue will
also clean up the Worthing Park parking lot and the CRA parking lot to try and eliminate the
problem.
13.B. City Attorney.
With regard to the extra benefits issue for the Police and Fire, the City received a
sample letter opposing the definition of extra benefits as currently in the legislation. The City
Attorney stated staff would like authorization from the Commission to send those letters to
legislators. Mayor Perlman stated he would like to review the letter prior to mailing.
13.C.
13.C.1.
City Commission.
Commissioner Levinson
Mr. Levinson presented pictures regarding the alleyway behind the shopping
center on Tropic Boulevard and trucks parking there. Mr. Levinson suggested that the "No
Parking" signs be put back up because it is no longer an accessible alley with the truck parking
delivering for the shopping center and asked that staff respond to Mr. Carter.
Secondly, Mr. Levinson stated the opening of the "505" Teen Center was great.
Mr. Levinson commented about Loretta McGhee's funeral and stated that he
appreciates the effort of Delores Rangel, Administrative Assistant, for taking care of some
recognition to the McGhee family on behalf of the Commission.
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Mr. Levinson expressed he hopes there is a way to thank the volunteers who
worked on "Paint up Delray".
Mr. Levinson stated that the Rhythm & Blues Festival was great.
Mr. Levinson stated he had the opportunity on Saturday night to give the welcome
to the International Tennis Championships for the twelve year olds. Mr. Levinson stated there
were approximately 300-400 people in attendance and he took a survey of the crowd and noted
that there were approximately 10 people from Palm Beach County, 40-50 people from Florida,
and the rest of the people were from around the country. Mr. Levinson stated one of the
objectives with this sponsorship was to bring people from outside of Florida to Delray Beach.
Mr. Levinson stated the number of people that came from out of the area was quite significant
and he feels this is great.
Mr. Levinson stated on Sunday he attended the Daughters of Zion Academy Fest
and the turnout was great.
Mr. Levinson stated last night he thought he was going to present the "Key to the
City" to the Danish Ambassador. However, the Danish Ambassador sent the Deputy Chief of
Mission. Mr. Levinson suggested that staff look at some alternatives with regard to the "Key to
the City" that we are currently using and come up with something that may be a little more
appropriate. Furthermore, Mr. Levinson suggested that there be two types of keys; one, to
recognize people inside the community and another key so that we can appropriately recognize
foreign dignitaries.
Mr. Levinson stated that everyone is raving about the City's new website.
However, Mr. Levinson suggested that we move into Phase II of the website with regard to
occupational licenses and permits. Mr. Levinson feels this is an opportunity for the city to
potentially save some dollars in administrative costs if we can get this on the web.
Mr. Levinson stated Friday morning he will have the opportunity to meet with the
King of Guana with the Museum of Discovery and Science who will be in South Florida.
Mr. Levinson stated contrary to the "doom and gloom" over the high school issue,
a new middle school will be built at the old location of Atlantic High School and the Palm Beach
County School Board has named the new middle school 03-LL. Mr. Levinson stated the design
is scheduled for the year 2008 and construction is scheduled for the year 2009. Mr. Levinson
stated there has been some discussion about the school having a magnet program probably for
the arts.
Mayor Perlman asked if there is anything that can be done to keep this school on
track. In response, Mr. Levinson suggested that Janet Meeks, Education Coordinator, attend the
workshops to monitor the capital plan. Mr. Levinson stated the School Board is anticipating an
enormous shortfall and that they are talking about the possibility of cutting out is seventh period,
all electives, band, arts, all teacher aides, and all sports. Mr. Levinson stated the School Board
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04/15/03
will not have a choice because there will be no money. He reiterated that it would be helpful for
Janet Meeks to attend the workshop meetings.
Mayor Perlman stated there was some criticism at the time with regard to Atlantic
High School with "land banking". Mayor Perlman commented about an article in The Sun-
Sentinel News about the problems that Broward has. Mayor Perlman stated Broward has no land
left and did not land bank for schools and still has a huge need for additional classroom space.
13.C.2.
Commissioner McCarthy
Ms. McCarthy reported that the plaza on the corner of Lake Ida Road and
Congress Avenue is looking very good.
Secondly, Ms. McCarthy commented about Mayor Perlman being on the front
page of The Delray Times.
With regard to the National Forum for Black Public Administrators, Ms.
McCarthy stated that on Monday, April 28th guests are expected to arrive between 6:00-6:30
p.m. at Creations. Ms. McCarthy suggested that the guests be officially greeted by the Mayor
and Commissioners between 9:00-9:15 p.m. at the Amphitheatre at Old School Square. Ms.
McCarthy asked Mayor Perlman to read and present a proclamation that evening to the guests.
13.C.3.
Commissioner Costin
Mr. Costin asked the City Manager if staff was able to take a look at the area
along North Federal Highway that is an eyesore (North of George Bush Boulevard bordering
Dixie Highway) and suggested that there be some landscape relief. The City Manager stated he
has not yet received a response back from staff regarding this matter.
Mr. Costin stated he also attended the Teen Center opening and feels it is a great
addition to the community for the teens to meet, learn and enjoy themselves.
Mr. Costin stated he attended the Academy Movie Awards at Old School Square
and commented although it started late he still had a good time.
In addition, Mr. Costin attended the Flag Rally on Friday evening and people who
were there were enthusiastic.
Mr. Costin stated he also attended the International Tennis Championships and
had the opportunity to talk with many of the children. Mr. Costin stated two out of ten children
were from Florida and the rest were from out-of-state. Mr. Costin stated this event is bringing a
lot of publicity to Delray Beach and business downtown.
Mr. Costin stated he attended the Sister Cities and Delray Art League Awards and
commented that he was very impressed with the artwork.
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04/15/03
Lastly, Mr. Costin stated he also attended the Rhythm and Blues Festival and
commented that everyone was having a great time.
13.C.4.
Commissioner Archer
Mrs. Archer stated she was out of town Thursday through Saturday night and
therefore missed a lot of the events Commission Levinson and Commissioner Costin attended.
However, Mrs. Archer stated she did attend the International Tennis Championship Dinner on
Monday evening.
Secondly, Mrs. Archer commented she missed the opening of the "505" Teen
Center. However, the Friday before she had the opportunity to take a look at what is going on
there and commented that she is amazed at how the center has come such a long way.
Mrs. Archer suggested that the Commission give direction to Ivan Ladizinsky,
Public Information Officer, to inform the public about the status of the lifeguard stations and
whether or not the sea grapes can be trimmed.
Mrs. Archer concurred with comments expressed by Mr. Levinson regarding
Phase II of the website and stated she strongly supports following through with Phase II.
Mrs. Archer informed the Commission she attended the Local Government
Leadership Conference and commented that Mr. Don Ross gave a presentation from Earth
Balance. Mrs. Archer stated Mr. Ross talked about the possibility of taking land that might be in
environmental areas or that originally had environmental uses and restoring them and he noted
that there are Federal grants to do that. Mrs. Archer said she talked to Mr. Ross about our Parks
program and the desire to make pocket parks in the community especially in the southwest and
northwest sections. Mr. Ross informed her if this is vacant land in a redevelopment area there
may be some grant possibilities for the city. She gave this information to the City Manager.
13.C.5.
Mayor Perlman
Mayor Perlman commented about an article dated April 10, 2003, in The Daily
Business Review titled the "A tale of 2 cities" and stated that the article analyzes what has
happened with Atlantic Avenue versus Clematis Street.
Secondly, Mayor Perlman commented about another article dated March 30,
2003, which appeared on the internet (www.bocaratonbuzz.com) and read some quotes from the
article. Mr. Perlman stated this website is now defunct after five years.
Mayor Perlman reminded everyone that there is a South Central Wastewater
Treatment and Disposal Board (SCRWTDB) meeting and then from there the Commission will
go to accept an electric car as a donation from Autobahn Motors.
Mayor Perlman thanked the City staff in particular Delores Rangel,
Administrative Assistant, the City Attorney, the City Manager, the City Clerk and many others
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04/15/03
for giving him the extra support over the last few weeks during his transition from Commissioner
to Mayor.
at 9:20 p.m.
There being no further business, Mayor Perlman 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 April 15, 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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04/15/03
for giving him the extra support over the last few weeks during his transition from Commissioner
to Mayor.
There being no further business, Mayor Perlman declared the meeting adjourned
at 9:20 p.m.
City Clerk
ATTEST:
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Regnlar City Commission Meeting held on April 15, 2003,
which Minutes were formally approved and adopted by the City Commission on
May 6, 2003
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they arc 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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04/15/03