05-06-03MAY 6~ 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, May 6, 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
Federation of Christian Ministries.
by Reverend William Quick
with the
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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.
Mr. Levinson moved to approve the Agenda, 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.
APPROVAL OF MINUTES:
Mr. Costin moved to approve the Minutes of the Regular Meeting of April 15,
2003, 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.
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PROCLAMATIONS:
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Recognizing and Commending Officer Johnny Pun
Mayor Perlman read and presented a proclamation recognizing and commending
Officer Johnny Pun. Officer Johnny Pun, Chief Schroeder, Major McCollom, and Captain
Hartman came forward to accept the proclamation.
6.B. Day of Awareness on Animal Poaching - May 7, 2003
Mayor read and presented a proclamation hereby proclaiming May 7, 2003 as
Day of Awareness on Animal Poaching in the City of Delray Beach, Florida. Greta Britt,
Spencer Britt Jr., Charlie Dalton, Sebastian MacDonald, and Elisa Silva came forward to accept
the proclamation.
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Civility Month - May 2003
Mayor Perlman read a proclamation proclaiming May 2003 as Civility in Delray
Beach and urge all citizens to exercise civility toward each other. Mayor Perlman noted that this
proclamation will be mailed.
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National Safe Boating Week - May 17-23, 2003
Mayor Perlman read and presented a proclamation hereby proclaiming May 17-
23, 2003 as National Safe Boating Week in Delray Beach, Florida. Commander Alick Elliott
came forward to accept the proclamation.
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Acting Irish International Theatre Festival Days - May 11-17, 2003
Mayor Perlman read and presented a proclamation hereby proclaiming the week
of May 11-17, 2003 as Acting Irish International Theatre Festival Days in Delray Beach, Florida.
Christina Wood came forward to accept the proclamation.
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National Preservation Week- May 5-12, 2003
Mayor Perlman read and presented a proclamation proclaiming May 5-12, 2003
as National Preservation Week. Wendy Shay, Senior Planner came forward to accept the
National Preservation Week proclamation.
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Emergency Medical Services Week- May 18-24, 2003
Mayor Perlman read and presented a proclamation hereby proclaiming the week
of May 18-24, 2003 as Emergency Medical Services Week. Chief Kerry Koen, Fire-Rescue
Department, came forward to accept the proclamation.
6.H.
National Public Works Week- May 18-24, 2003
Mayor Perlman read and presented a proclamation hereby proclaiming the week
of May 18-24, 2003 as National Public Works Week in Delray Beach, Florida. Rich Olson,
Interim Director of Public Works, came forward to accept the proclamation.
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7. PRESENTATIONS:
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Morikami Park Elementary Children - Nancy Stewart
Nancy Stewart stated she had the honor of being selected to participate in the
Principal For A Day Program last year and commented that this has been one of the most
rewarding and inspiring projects she has worked on.
Delray Beach
Stewart and a
the school.
Elizabeth Kennedy, Principal of Morikami Park Elementary School, thanked the
Education Board for promoting the Principal For A Day Program and stated Ms.
group of students have created a beautiful brochure which will be used to market
Mrs. Redan, teacher at Morikami Park Elementary, provided the Commission
with samples of the brochures and stated some of the children wrote reflections on what the
experience was like for them.
CONSENT AGENDA: City Manager Recommends Approval.
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RATIFICATION OF THE SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify
the actions of the South Central Regional Wastewater Treatment and Disposal Board at their
Quarter Annual Meeting of April 17, 2003.
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SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND
DISPOSAL BOARD/RECLAIMED WATER SYSTEM EXPANSION: Authorize an
increase to Purchase Order #606547 in the amount of $150,000.00 to South Central Regional
Wastewater Treatment and Disposal Board (SCRWTDB) for the construction of a two (2)
million gallon reclaimed water storage tank at the treatment facility. Funding is available from
441-5181-536-63.95 (Water/Sewer).
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FINAL SUBDIVISION PLAT APPROVAL/DELRAY SEBASTIAN:
Approve the subdivision plat for Delray Sebastian, a proposed 1.296 acre, 32-unit townhouse
development located at the southeast and southwest corners of N.E. 5th Avenue (Federal
Highway southbound) and N.E. 3rd Street.
8.D. WAIVER REQUEST TO ALLOW A TEMPORARY MODULAR
BUILDING/BANK OF AMERICA: Approve a waiver request to allow one (1) 2,100 square
feet temporary modular building at Bank of America, located at 1001 East Atlantic Avenue.
8.E. ACCEPTANCE OF RIGHT-OF-WAY DEDICATION/BELUGA WINE
BAR & RESTAURANT: Approve and accept a right-of-way dedication associated with
Beluga Wine Bar & Restaurant, for the dedication of two (2) feet of alley right-of-way.
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ACCEPTANCE OF EASEMENT DEED/THE BROOKFIELD COMPANY
OF BOCA RATON: Approve and accept an easement deed to allow for the encroachment of a
public sidewalk onto the property adjacent to Fisher Lane and N.E. 4th Street.
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8.G. QUIT CLAIM DEED/ACCEPTANCE OF EASEMENT DEED/1015
NASSAU STREET: Approve the release of the 5' right-of-way by quit claim from the City and
accept an easement deed from Peter V. Millham for 1015 Nassau Street.
8.H. POLICE AND FIRE COMMUNICATIONS AGREEMENT/TOWN OF
GULF STREAM: Approve the proposed agreement between the City and the Town of Gulf
Stream for dispatching and communications services with a termination date of September 30,
2007, with five (5) one-year renewal periods subject to cancellation by either party.
8.1. IN-LIEU PARKING FEE AMENDMENT/MERIDIAN: Approve an
amendment to the agreement between the City and Mallory II, L.L.C. for the Meridian, located
in the 300 Block of S.E. 6th Avenue (Federal Highway northbound), providing for a reduction
from six (6) in-lieu parking spaces to four (4) in-lieu parking spaces.
8.J. SIDEWALK AGREEMENT/TROPICAL AWNING: Approve a sidewalk in-
lieu of installation agreement in the amount of $1,560.00 between the City and Tropical Awning
for the construction of a 5' wide sidewalk at S.E. 1st Avenue.
8.K.
FOURTH AMENDMENT TO ENCROACHMENT LICENSE
AGREEMENT/LAKE WORTH DRAINAGE DISTRICT: Approve the fourth amendment
to the encroachment license agreement between the City of Delray Beach and the Lake Worth
Drainage District (LWDD) permitting the City's encroachment onto the LWDD E-4 Canal.
8.L.
INTERLOCAL AGREEMENT/LAKE WORTH DRAINAGE DISTRICT:
Approve an interlocal agreement between the City of Delray Beach and the Lake Worth
Drainage District (LWDD) regarding the clearing of vegetation from rights-of-way and a dispute
resolution process.
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ANIMAL SERVICES FUNDING AGREEMENT/PALM BEACH
COUNTY: Approve a reimbursement funding agreement in the amount of $20,000.00 between
the City and the Palm Beach County Animal Care and Control Division for the provision of
animal services between the period of October 1, 2002 through September 30, 2003.
8.N. RESOLUTION NO. 27-03: Approve a resolution requesting funds from the
Palm Beach County Emergency Medical Services Grant Award program to be used for the
purchase often (10) Cardiac enzyme testing and monitoring units at a cost of $4,750.00 each.
The caption of Resolution No. 27-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REQUESTING
FUNDS FROM THE PALM BEACH COUNTY
EMERGENCY MEDICAL SERVICES GRANT AWARD
PROGRAM FOR FY 2003/2004.
(The official copy of Resolution No. 27-03 is on file in the City Clerk's office.)
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8.0. RESOLUTION NO. 29-03: Approve Resolution No. 29-03 opposing Senate
Bill 654 regarding preemption of regulation of cable services.
The caption of Resolution No. 29-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, OPPOSING PROPOSED
SENATE BILL 654 (PCB BR 03-06) WHICH REMOVES LOCAL
GOVERNMENTS' AUTHORITY TO ENFORCE EXISTING
CABLE FRANCHISE AGREEMENTS WITH REGARD TO ALL
BROADBAND OR INFORMATION SERVICES, AND,
ALLOWS TELEPHONE COMPANIES TO IMPLEMENT
UNCONSCIONABLE RATE INCREASES WITH VERY
LIMITED GOVERNMENTAL OVERSIGHT.
(The official copy of Resolution No. 29-03 is on file in the City Clerk's office.)
8.P. RESOLUTION NO. 30-03: Approve Resolution No. 30-03 authorizing the City
Manager to execute State of Florida Department of Transportation permits for road closures.
The caption of Resolution No. 30-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO AUTHORIZE AND
APPLY FOR STATE PERMITS FOR TEMPORARY CLOSINGS
OF STATE ROADS FOR SPECIAL EVENTS; PROVIDING AN
EFFECTIVE DATE.
(The official copy of Resolution No. 30-03 is on file in the City Clerk's office.)
8.Q. RESOLUTION NO. 31-03: Approve Resolution No. 31-03 assessing costs for
abatement action required for the emergency board-up of an unsafe structure located at tOOt
N.W. 3rd Terrace.
The caption of Resolution No. 31-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8,
"UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING
COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE
BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF
DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY
THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING
THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE
DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS;
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PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND
DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE
MAILING OF NOTICE.
(The official copy of Resolution No. 31-03 is on file in the City Clerk's office.)
8.R. CHANGE ORDER NO. 1/TOTAL GOLF CONSTRUCTION, INC.:
Approve Change Order No. 1 in the amount of $38,903.50 to Total Golf Construction, Inc. for
the Golf Course Greens Replacement Project. Funding is available from 441-5181-536-63.90
(Water/Sewer/Other Improvements).
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CHANGE ORDER NO. 1/FINAL PAYMENT/CONQUEST
ENGINEERING GROUP COMPANY: Approve Change Order No. 1 in the amount of a
$26,560.01 decrease, and final payment in the amount of $5,569.28 to Conquest Engineering
Group Company for the Seacrest Neighborhood Improvements Phase III Project. Funding is
available from 442-5178-536-65.03 (Water & Sewer R&R/Seacrest-Del Ida Neighborhood
Improvements).
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SERVICE AUTHORIZATION NO. 11.A/ROBERT G. CURRIE
PARTNERSHIP, INC.: Approve Service Authorization No. l l.A to Robert G. Currie
Partnership, Inc. in the amount of $8,500.00 for researching wetland delineation, surveying, and
developing schematic alternatives for the Intracoastal (F.I.N.D.) Park. Funding is available from
334-4174-572-63.90 (General Construction Fund/Other Improvements).
8.U. SPECIAL EVENT REQUEST/4T}I OF JULY: Approve a special event request
for the 4th of July Celebration event to be held from noon until 12:00 midnight, including a
temporary use permit per LDR Section 2.4.6(H) for the closure of Atlantic Avenue from the east
side of N.E. and S.E. 7th Avenue to Ocean Boulevard, and from the south side of Thomas Street
to the north side of Miramar on Ocean Boulevard; waiver per LDR Section 4.6.7(c)(5)(a) and (9)
to allow banners and flags; waiver of City Ordinances 101.25 and 101.32 to allow assembly on
the beach and vendors on A-l-A; and staff support for security and traffic control, street
barricading, banner hanging, stage set up/use, and clean up/trash removal.
8.V. SPECIAL EVENT REQUEST/AVDA 5K WALK: Approve a special event
request to allow the 5th Annual Aid to Victims of Domestic Abuse, Inc. (AVDA) 5K Walkathon
to be held on Saturday, October 18, 2003 from 7:30 a.m. until approximately 1:00 p.m.,
including temporary use permit per LDR Section 2.3.6(H) for the use of Anchor Park and City
right-of-way along Ocean Boulevard, waiver of parking meter fees, and staff support for traffic
control with the sponsor paying 50% of overtime costs; contingent on the sponsor providing
liability insurance and a hold harmless agreement.
8.W. SPECIAL EVENT REQUEST/6TM ANNUAL DOWNTOWN DELRAY
CRAFT FESTIVAL: Approve a special event request for the 6th Annual Downtown Delray
Craft Festival sponsored by Howard Alan Events, Ltd. to be held May 24 and May 25, 2003,
granting a temporary use permit per LDR Section 2.4.6(H) for use of City right-of-way on
Pineapple Grove Way from the north side ofN.E. 1st Street to the south side ofN.E. 4th Street;
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and to authorize staff support for security/traffic control, waiver to allow event signage to be
installed one week prior to event with event sponsor paying all overtime costs; contingent upon
receipt of certificate of liability insurance.
8.X. SPECIAL EVENT REQUEST/HOWARD ALAN 9TM ANNUAL DELRAY
BEACH CRAFT FESTIVAL: Approve a special event request for the 9th annual Delray Beach
Craft Festival sponsored by Howard Alan Events, Ltd. to be held from 10:00 a.m. until 5:00 p.m.
on September 20 and September 21, 2003, granting a temporary use permit per LDR Section
2.3.6(H) for the closure of N.E. and S.E. 4th Avenue, one block north/south of Atlantic Avenue,
and the Hand's parking lot for vendor parking, and authorize staff support for police security
with the sponsor paying all overtime costs; contingent upon receipt of certificate of liability
insurance.
8.Y. SPECIAL EVENT REQUEST FOR 4TM ANNUAL DELRAY BEACH
THANKSGIVING ART FAIR: Approve a special event request for the 4th Annual Delray
Beach Thanksgiving Art Fair to be held on November 29 and November 30, 2003 from 10:00
a.m. to 5:00 p.m., to grant a temporary use permit per LDR Section 2.3.6(H) for the closure of
N.E. 2nd Avenue, from alley just north of Atlantic to N.E. 4th Street, and to authorize staff
support for traffic control and security with sponsor paying all overtime costs; contingent upon
receipt of certificate of liability insurance.
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SPECIAL EVENT/4m ANNUAL HAITIAN FLAG DAY CELEBRATION:
Approve a special event request for the 4th Annual Haitian Flag Day Celebration sponsored by
Our Lady of Perpetual Help Catholic Church's Youth Group to be held on Sunday, May 18,
2003 from 4:00 p.m. until 8:00 p.m., including temporary use permit per LDR Section 2.4.6(H)
for the use of Merritt Park, set up/removal of City stage, staff support for security, trash removal,
and consideration of waiving 50% of overtime costs; contingent on the sponsor providing
certificate of liability insurance and a hold harmless agreement.
8.A.A.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period April 14,
2003 through May 2, 2003.
8.B.B.
AWARD OF BIDS AND CONTRACTS:
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Annual custodial maintenance service contract in the amount of
$95,424.00 to O.T. Services of West Palm Beach. Funding is available
from various departmental operating budgets.
Bid award to Tanner Industries at an estimated annual cost of $18,550.00
via the City of Boynton Beach Co-op Bid #041-2821-03/CJD for the
purchase of anhydrous ammonia. Funding is available from 441-5122-
536-52.21 (Water/Sewer Fund/Chemicals).
Bid award to Atlantic Refrigeration at an estimated annual cost of
$27,040.00 for air conditioning services and repairs for City buildings.
Funding is available from various departmental operating budgets.
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10.
Bid award to Deerfield Linen Service at an estimated annual cost of
$19,016.00 for linen rental service for the Delray Beach Municipal Golf
Course. Funding is available from 445-4715-572-52.22 (Delray Beach
Municipal Golf Course Fund/Uniforms/Linen Service).
Contract award to Conquest Engineering Group Company in the amount
of $162,252.87 for drainage and roadway improvements along S.E. 7th
Avenue from S.E. 1st Street to East Atlantic Avenue. Funding is available
from 448-5461-538-65.53 and 334-3162-541-65.18 (S.E. 7th Avenue).
Contract award to Chaz Equipment Company, Inc. in the amount of
$381,695.50 for water main improvements on Rye Lane, Enfield Terrace,
Lake Terrace and raw water supply common header pipe at the water
treatment plant. Funding is available from 442-5178-536-65.63 (Rye
Lane, Lake Terrace, Enfield Terrace) and 442-5178-536-65.82 (Raw
Water Supply Manifold Pipe).
Contract award to Intercounty Engineering, Inc. in the amount of
$271,364.00 for the installation of a reclaimed water main on the
Municipal Golf Course property. Funding is available from 441-5181-
536-63.95 (Northwest Reuse Water System - South Central Regional
Wastewater).
Purchase award to Evans Consoles, Inc. in the amount of $35,306.00 for
the purchase of a new operations console and related furnishings for the
Water Treatment Plant Control Room Upgrade Project. Funding is
available from 442-5178-536-64.90 (Other Machinery/Equipment).
Bid award to Man Con, Inc. in the amount of $592,948.10 for the
rehabilitation of Lift Station #6 and a new force main to serve Lift Station
#6. Funding is available from 442-5178-536-63.50 (Water Mains) and
442-5178-536-65.75 (Lift Station #6, Force Main Upgrade).
Various bid awards in the amount of $128,967.00 via the Florida Sheriffs'
Association and Florida Association of Counties Bid Specification #1 for
the purchase of four (4) take home vehicles and one (1) motorcycle for the
Police Department. Funding is available from 501-3312-591-64.20
(Central Garage Fund/Automotive).
Mr. Costin moved to approve the Consent Agenda, 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.
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REGULAR AGENDA:
9.A. REQUEST TO REDUCE LIENS/RANDOLPH & DEWDNEY: Consider a
request from Dwayne Randolph of Randolph & Dewdney Construction Company to waive the
interest and administrative fees totaling $4,204.42 assessed for abating nuisances and demolition
of unsafe structures on properties located at 239 and 245 N.W. l0th Avenue. Mr. Randolph is
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prepared to pay the remaining lien of $6,659.56. Staff recommends approval.
Lula Butler, Director of Community Improvement, stated this is a request from
Dwayne Randolph with Randolph & Dewdney Construction Company to waive the
administrative and interest assessed from the enforcement of nuisance abatements and
demolitions to two parcels that he has now acquired. The amount of the first property is
$7337.01 and the other is a little over $3,500. Ms. Butler stated Mr. Randolph plans to unify
both lots into one conforming and buildable lot for the construction of a single family home.
Staff recommendation is to support the waiver in the amount of $4,204.42 for both parcels.
Mr. Levinson asked if there is a way to give people an incentive not just to buy
the lots waive fees and not develop them but whether we could defer some of the fees within a
period of time that they build on the lot and then waive the balance of fees if they comply. Mr.
Levinson stated we do not want people buying lots on speculation leaving them uncapped.
Furthermore, Mr. Levinson stated he would like to support but at the same time would like to see
there is some methodology where there is some kind of incentive for someone to not just buy the
lot but to build on the lot. Ms. Butler stated this is something staff can look into.
Ms. McCarthy stated if someone adheres to Commissioner Levinson's suggestion
and the City puts a timetable on it and someone is going through the Renaissance Program for
financing and these liens are still of record and asked would it prohibit them from getting
financing? In response, Ms. Butler stated if someone is coming through the Renaissance Program
a different procedure would be offered for those lots because this could prohibit people from
getting financing and therefore this would be clarified in those instances.
Mr. Costin moved to approve the request from Dwayne Randolph with Randolph
& Dewdney Construction Company to waive the interest and administrative fees in the amount
of $4,204.42 for both parcels, seconded by Mr. Levinson. 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.
9.B. REQUEST TO REDUCE LIENS/COMMUNITY REDEVELOPMENT
AGENCY: Consider a request from the Community Redevelopment Agency (CRA) to waive
the interest and administrative fees in the amount of $3,939.58 assessed for abating nuisances on
property located at 40 N.W. 12th Avenue. The Community Redevelopment Agency is prepared
to pay the remaining lien of $3,177.61. Staff recommends approval.
Lula Butler, Director of Community Improvement, stated this is a request from
the CRA to waive the administrative fees and interest assessed on Code Enforcement liens
resulting from the abatement of nuisances to the property located at 40 N.W. 12th Avenue.
There is currently $7,117.19 of liens assessed to this property. Ms. Butler stated by RFP the
CRA will sell this lot to either to the TED Center or the CDC for participation in the Renaissance
Program. Staff recommends approval of the request from the CRA to waive the interest and
administrative fees assessed as part of the code enforcement liens to the above referenced
property totaling $3,939.58 which will cover the City's out-of-pocket costs.
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Mrs. Archer moved to approve the request from the CRA to waive the interest and
administrative fees in the amount of $3,939.58 for liens assessed at 40 N.W. 12th Avenue,
seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Perlman - Yes;
Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion
passed with a 5 to 0 vote.
9.C. REQUEST FOR IN-LIEU PARKING SPACES/MARIPOSA: Consider a
request by Mariposa for the purchase of one (1) in-lieu parking space in the amount of $6,000.00
and the construction of two (2) on-street parking spaces in the adjacent right-of-way of S.E. 1st
Street. Mariposa is located in the Old School Square Historic Arts District (OSSHAD) at 48 S.E.
1st Avenue.
Paul Dorling, Director of Planning and Zoning, stated the Mariposa property is
located in the Old School Square Historic Arts District at 48 S.E. 1st Avenue and was granted
approval for the conversion to an Adult Living Facility in 1984. A site plan modification has
been submitted and approved to convert the subject property to a mixed-use office and
residential development. The development requires eight (8) parking spaces and the proposed
site plan provides a total of seven (7) parking spaces. Therefore, the applicant is seeking to
purchase one (1) in-lieu parking space in accordance with Section 4.6.9(E)(3)(b)(3) of the LDR's
for a total of $6,000. In addition, Mr. Dorling stated the applicant is building two on-street
parking spaces for which they will seek a reimbursement for a portion of the in-lieu fee.
At its meeting of December 17, 2002, the Parking Management Advisory Board
recommended approval of the applicant's request on a 4 to 2 vote (Gillie and Lewis dissenting).
Staff recommends approval of the request from Mariposa for the purchase of one (1) in-lieu
parking space and the construction of two (2) on-street parking spaces on S.E. 1st Street.
Mr. Levinson stated this is a limousine company and commented that the
limousines are much larger than one parking space. Mr. Dorling stated that the applicant is
providing a total of seven (7) parking spaces. Mr. Levinson asked how this can be addressed if
the applicant needs seven (7) parking spaces to meet the requirements but is taking larger
vehicles and placing them on the site. The City Attorney explained that the City's parking
requirements do not address the length of the automobile but rather the number of parking spaces
per the use. Mr. Dorling stated it is his understanding that this is a real estate company and the
limousine is something that is utilized for their clients.
Prior to the vote, Mrs. Archer expressed concern over the applicant using two in-
lieu spaces for on-street parking for a limousine and commented that there will be no additional
usage for the public for those parking spaces. The City Manager suggested that this be discussed
further with the City Attorney and perhaps something could be used to help enforce the applicant
to park on-site. Mrs. Archer and Mr. Levinson stated they would like to discuss this further with
the City Attorney to possibly consider the City Manager's suggestion.
Mr. Costin moved to approve the request from Mariposa for the purchase of one
(1) in-lieu parking space and the construction of two (2) on-street parking spaces on S.E. 1st
Street, 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.
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Said motion passed with a 5 to 0 vote.
9.D. REQUEST FOR IN-LIEU PARKING SPACES/BANK OF AMERICA:
Consider a request by Bank of America for the purchase of one (1) in-lieu parking space in the
amount of $14,000.00. Bank of America is located 1001 East Atlantic Avenue.
Paul Dorling, Director of Planning and Zoning, stated this is a development
request for some improvements located at 1001 East Atlantic Avenue which involves the
demolition of the existing drive-thru teller, a northern portion of the existing building fronting on
Atlantic Avenue, and the addition of a 540 square foot lobby, stairwell and elevator resulting in a
214 square foot net reduction in the building. Mr. Dorling stated there is currently some parking
on-site of sixty (60). The proposed reconfiguration of the parking are on the north side of the
building provides a total of 59 parking spaces. Therefore, the applicant is requesting the
purchase of one (1) in-lieu parking space at a cost of $14,000.
At its meeting of April 22, 2003, the Parking Management Advisory Board
unanimously recommended approval of the applicant's request. Staff recommends approval of
the request from Bank of America for the purchase of one (1) in-lieu parking space subject to the
payment provision outlined in the City Commission documentation memo.
Mrs. Archer moved to approve the request from Bank of America for the purchase
of one (1) in-lieu parking space subject to the payment provision as outlined in the City
Commission documentation memo, 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.E. NATIONAL FORUM FOR BLACK PUBLIC ADMINISTRATORS
CONFERENCE NIGHT OUT/DELRAY BEACH: Consider a request to advance funding for
50% (total amount of $30,459.74) of the cost of the National Forum for Black Public
Administrators (NFPBA) event held at Old School Square on April 28, 2003; and approve a
reimbursement funding agreement for funds up to $15,000.00 with Palm Beach County for same
event.
Robert A. Barcinski, Assistant City Manager, stated this is a request to advance
funding for up to 50% of a host city share for the cost of the National Forum for Black Public
Administrators (NFBPA) night out in Delray Beach held on April 28, 2003. Mr. Barcinski stated
that there is a formal letter from Addie Greene committing to $15,000 of the share from the
District VII Recreation Assistance Fund 2003-2004. The reimbursement of funds will be
through a funding agreement between the City of Delray Beach and Palm Beach County and will
be placed on the agenda for County Commission approval. Mr. Barcinski stated in addition to
the $15,000 the City of Delray Beach has received commitments for $11,320.
After brief discussion, Mrs. Archer stated she would like to see a report of what
monies is outstanding from prior commitments made by County Commissioner Addie Greene to
the City and when the City anticipates receiving them.
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05/06/03
Mr. Levinson stated he cannot support this request because there are a number of
people who have come before the Commission at the last minute in anticipation of an event and
because it was not budgeted the Commission did not approve the funding. Mr. Levinson stated
in this case, this is after the fact and in all fairness to those people who have come to the
Commission just prior to their events and were denied, he feels it would be inappropriate of the
Commission to approve this after the fact.
Mrs. Archer stated she understands concerns expressed by Mr. Levinson.
However, she feels it would be inappropriate at this time to deny the request.
Ms. McCarthy stated with this particular forum a sponsor pulled out of
sponsorship eight days prior to the event which changed the dynamics of the event. Ms.
McCarthy stated they have been raising funds since this idea was originally perceived and
thought everything was taken care of. Ms. McCarthy when this all came about she aggressively
started getting sponsorships from corporations, individual businesses, and small businesses. Ms.
McCarthy stated within a small window of time over $11,000 was raised. Ms. McCarthy stated
that City staff helped organize this event and it was received tremendously by a group of people
that normally would not have ever come to Delray Beach. Ms. McCarthy stated in going through
the Planning Session last year and in the planning and the goals, one of the goals is encouraging
and embracing diversity in the community. Ms. McCarthy stated this group of people was public
administrators representing over 44 states and she feels this was a very viable thing to do and
within the City's goal.
Mayor Perlman stated that this was a phenomenal event which brought people to
Delray Beach from all over the country. Mayor Perlman stated he was aware of the scope of the
event. Mayor Perlman stated that as the Commission moves forward that there be improvement
in terms of communication because he feels this will be a great benefit.
With regard to a comment made that staff worked on this, Mr. Levinson requested
a list of those staff members, how many hours were involved, and any costs for mailings and/or
printed materials that was prepared so that the Commission can get a full scope of this.
Brief discussion between staff and the Commission followed.
Mrs. Archer moved to approve $30,459.74 set-off by the monies raised and the
$15,000 commitment by County Commissioner Addie Greene, seconded by Mr. Costin. Upon
roll call the Commission voted as follows: Mr. Levinson - No; Ms. McCarthy - Yes; Mayor
Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 1 vote.
9.F. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint
two (2) alternate members to the Code Enforcement Board for unexpired terms ending January
14, 2004 and January 14, 2005. Based upon the rotation system, the appointments will be made
by Mayor Perlman (Seat #5) and Commissioner Costin (Seat #1).
Mayor Perlman stated he wished to appoint Glenn Schuster (Fire Chemical
Specialist) as an alternate member to the Code Enforcement Board for an unexpired term ending
January 14, 2004. Mrs. Archer so moved, seconded by Ms. McCarthy. Upon roll call the
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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.
Mr. Costin moved to appoint Leonard Epstein (Business Owner) as an alternate
member to the Code Enforcement Board for an unexpired term ending January 14, 2005,
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.G. APPOINTMENT OF COMMUNITY REDEVELOPMENT AGENCY
(CRA) VICE CHAIRMAN: Appoint a Vice Chairman to the Community Redevelopment
Agency Board.
Due to a conflict of interest, Mayor Perlman stepped down and passed the gavel
to Vice Mayor Levinson.
Mr. Costin moved to appoint Howard Ellingsworth as Vice Chairman to the
Community Redevelopment Agency, seconded by Mrs. Archer. Upon roll call the Commission
voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms.
McCarthy - Yes. Said motion passed with a 4 to 0 vote.
At this point, Mayor Perlman returned and Vice Mayor Levinson returned the
gavel to Mayor Perlman.
9oHo
RATIFICATION OF APPOINTMENT TO THE PARKING
MANAGEMENT ADVISORY BOARD: Ratify the appointment of Howard Lewis as the
Community Redevelopment Agency representative on the Parking Management Advisory Board
for a term ending July 1, 2003.
Mrs. Archer moved to approve the ratification of Howard Lewis as the
Community Redevelopment Agency representative on the Parking Management Advisory Board
for a term ending July 1, 2003, 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.
9oio
APPOINTMENTS TO THE PUBLIC ARTS IMPLEMENTATION
COMMITTEE: Appoint five (5) members establishing the Public Arts Implementation
Committee for the purpose of creating a not-for-profit corporation and outlining procedures
necessary to implement the City Public Arts Ordinance. The five (5) members shall include three
(3) laypersons, an accountant, and a legal professional. Based upon the rotation system, the
appointments will be made by Commissioner Costin (Seat #1); Commissioner Archer (Seat #2);
Commissioner Levinson (Seat #3); Commissioner McCarthy (Seat #4); and Mayor Perlman
(Seat #5). The Mayor shall appoint a chairperson from the membership. The Public Arts
Implementation Committee shall sunset upon the discharge of its assigned task or by October 1,
2003, whichever is earlier, unless otherwise extended by the City Commission.
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05/06/03
Mr. Costin moved to appoint Cary Glickstein as a member to the Public Arts
Implementation Committee, seconded by Ms. McCarthy. Upon roll 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 appoint Carolyn Pendelton-Parker as a member to the
Public Arts Implementation Committee, 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 - Yes. Said motion passed with a 5 to 0 vote.
Mr. Levinson moved to appoint Blane De St. Croix as a member to the Public
Arts Implementation Committee, seconded by Ms. McCarthy. 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.
Ms. McCarthy moved to appoint James Anella as a member to the Public Arts
Implementation Committee, 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.
Mayor Perlman stated he wished to appoint Sally Still Gonsalyes as a member to
the Public Arts Implementation Committee. Mrs. Archer so moved, 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.
Mayor Perlman stated he wished to appoint Richard McGloin as Chairman of the
Public Arts Implementation Committee. Ms. McCarthy so moved, 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.J. APPOINTMENT TO THE PALM BEACH COUNTY PUBLIC ARTS
SELECTION COMMITTEE: Appoint one (1) person to the Palm Beach County Public Arts
Selection Committee as the City of Delray Beach representative for the South County
Courthouse Art and Amenities Project.
Mr. Costin moved to appoint Glenn Weiss to the Palm Beach County Public Arts
Selection Committee as the City of Delray Beach representative for the South County
Courthouse Art and Amenities Project, 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.
9.K. GUARDRAIL/LINTON BOULEVARD: Consider a request regarding the
guardrail on the north side of Linton Boulevard.
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05/06/03
The City Manager explained that the residents of the Pines of Delray East and
West requested the County install a wall as part of the Linton widening project which the County
will not do. Staff's opinion is that having a guardrail immediately behind a curb in front of a
sidewalk is unsightly. Grass and weeds will grow up around the guardrail posts, and can only be
removed by applying herbicide. The guardrail system also tends to trap and collect trash which
will have to be collected by hand. While the County will maintain the guardrail itself, they will
not take care of the weed and trash problems. The City Manager stated his recommendation is to
ask the County to either move the guardrail behind the sidewalk or remove it entirely. The City
Manager stated another possibility might be to accept the fact that a good part of it is installed
but to ask them not to install any more of it unless it is put behind the sidewalk.
Randal Krejcarek, City Engineer, stated the main concern of the residents of the
Pines is preventing any vehicles from ending up in their backyards. The Pines East buildings are
the closest to the right-of-way line. Mr. Krejcarek stated he has had discussions with the
Property Manager and his understanding is the residents do not care where the guardrail is as
long as it protects the homes that are along the Linton Boulevard corridor for the length of their
property. Mr. Krejcarek stated he explained to the Property Manager that if the City chooses to
go with the option of going behind the sidewalk in essence what we would be trying to do is
construct the guardrail within the hedge. In essence, Mr. Krejcarek stated what will happen is
the hedge is going to grow up over the guardrail so that the guardrail is inside the hedge. Mr.
Krejcarek stated although the guardrail will not be visible it will be there for protection.
Mr. Levinson expressed concern that the preference of The Pines is to leave the
guardrail where it is. Mr. Levinson stated residents have a concern for the safety of the students
who are walking to school. Mr. Levinson expressed concern over what the cost would be to take
the guardrail out and put it in the back. Mr. Levinson stated he feels the very least that staff can
do is to inform the County not to put in any more guardrail.
The City Manager stated that Palm Beach County Commissioner Mary McCarty
has made it very clear that this has been paid for out of her district transportation money and she
will follow the wishes of the City of Delray Beach. The City Manager stated he feels certain that
if the Commission authorizes a letter informing the County that it is the city's desire that they not
install any additional guardrail that they will follow the wishes of the city.
Mrs. Archer stated she would rather not go through the expense of having the
guardrail moved and redone in that location. However, Mrs. Archer stated she would not be in
favor of having any more guardrail put in.
Mr. Levinson moved to request that no additional guardrail be placed beyond
what has already been installed on the north side of Linton Boulevard only, 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.
Mayor Perlman announced that there are no Public Hearings this evening.
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10. PUBLIC HEARINGS:
10.B.
NONE (Ordinance No. 11-03 has been revised and is a first reading item).
For the benefit of the public, the City Attorney announced that Ordinance No. 11-
03 has been revised and is scheduled this evening as a First Reading.
At this point, the Commission moved to Item 11, Comments and Inquiries on
Non-Agenda Items from the Public.
11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
11.B. From the Public.
ll.B.1. Jay Slavin, 2601 N.W. 10th Street, Delra¥ Beach (Rainberrv Bay), stated there
has been some concern in the Florida Legislature about the legibility on physicians prescriptions.
Ms. Slavin stated in Palm Beach County it is a terrible burden on the pharmacy to call the
doctors to find out for sure what he means and what the dosage is. Ms. Slavin stated the
President of the Classroom Teacher's Association was convinced by Ms. Slavin to take this to
the Florida Legislature with the help of Anne Gannon to get the bill passed. Ms. Slavin stated
what this will mean to everyone is that prescriptions by doctors and/or dentists will have to be
completely legible so that no mistakes are made and she announced that a press conference will
be held tomorrow regarding this issue.
ll.B.2. Michelle K. Smith, 2805 S.W. 22I'a Avenue, Delra¥ Beach, stated she is an
African-American entrepreneur originally from Missouri currently living in Delray Beach for
approximately six years. Ms. Smith stated she is the business partner of Commissioner Alberta
McCarthy. Ms. Smith commented about the diversity in the City and stated she was so very
much impressed with Delray Beach that she left a 75 year family business to open up a firm in
South Florida. Ms. Smith stated we are loosing a lot of businesses (i.e. Home Depot moving to
Boca Raton) and suggested that the City look at the International Market. Ms. Smith stated the
United States Census talks about the diversity that has transpired in South Florida and she feels
that the small businesses is what really keeps us going. Ms. Smith urged the Commission to
continue with the efforts that Ms. McCarthy has done for the National Association of Realtors,
the National Association of Black Real Estate Appraisers and Brokers with the Pentagon, and
Housing and Urban Development (HUD). Furthermore, Ms. Smith urged the Commission to see
how we can get the African-American market into our community and provide them assistance
to help with the economic base.
ll.B.3. Alice Finst, 707 Place Tavant, Delra¥ Beach, thanked the City Manager for his
follow up letter regarding the lighting on Lake Ida Road. Mrs. Finst also expressed concern over
the condition of Lake Ida Road and the absence of landscaping. Mrs. Finst stated Lake Ida Road
is a scary road to drive on in the evening and the end of the islands/medians are not marked with
reflectors. Therefore, Mrs. Finst stated drivers have to flash their high beams and low beams
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05/06/03
distracting traffic in the opposite direction. Mrs. Finst suggested that there be some temporary
attention to the landscaping until the lighting is installed.
ll.B.4. Bettina Pratt~ 320 S. Ocean Boulevard~ Unit #V-F~ Delray Beach (Lanikai
Villas Condominium)~ stated the residents of Lanikai Villas are opposed to the lifeguard station
in their view. Ms. Pratt stated that the residents were not consulted nor were the lifeguards
whose advice and expertise she feels would have been an essential part of the plans. Ms. Pratt
stated the new lifeguard station is too far from the water, too expensive and useless for lifeguard
use. Ms. Pratt expressed concern over safety and stated the trees and shrubs along the beach
should be trimmed to help discourage noisy nighttime activity. Ms. Pratt distributed photos of
the unprotected chairs which the lifeguards use now and a photo taken in Pompano Beach of the
mobile lifeguard stations which are currently used there.
At this point, the Commission moved to Item 11.A. City Manager's response to
prior public comments and inquiries.
ll.A.
City Manager's response to prior public comments and inquiries.
With regard to the lifeguard towers, the City Manager stated that Mr. Weldon met
with Ms. Pratt and some other residents of Lanikai Villas on March 27, 2003. Also, in
attendance were David Miller (Architect), Rich Connell (Assistant Director of Parks &
Recreation), and Bob Taylor, (Ocean Rescue Supervisor). Mr. Miller outlined the permitting
process with the State of Florida and the effect the coastal construction line had on placing the
tower. In reviewing the location of the tower, the city took great care in positioning the tower to
meet our safety service needs and to have as little impact as possible on the residents of Lanikai
Village. The City Manager stated the residents were in disagreement with where the city placed
the lifeguard tower feeling that it interrupted their view and adversely affected the property value
of their residences and that the city should have requested their input. The residents asked if the
construction of the tower could be stopped or moved. The City Manager stated that Mr. Weldon
explained that to delay the tower construction would cost an additional $8,000-$10,000 and he
was not willing to move the tower because of the cost. According to Mr. Dorling the sea grape
pruning guidelines currently utilized by the Department of Environmental Protection (DEP) state
that trimming and maintaining sea grapes to less than six feet in height east of the coastal
construction line requires a permit from DEP. Furthermore, trimming of sea grapes to any height
that results in additional lights being visible the beach will not be permitted. Guidelines also
restrict the trimming to techniques in accordance with the accepted horticultural practices and no
more than one-third the height of the tree and no more than one-third total leaf surface in any
single year. The City Manager stated in many cases this would prohibit the "topping" and/or
substantial canopy reduction necessary to maintain sea grapes as hedges as they were originally
planned and envisioned. In the past, DEP has allowed regional field offices to issue permits
which meet the above criteria. Recently, there has been a policy shift which now requires
permitting requests to be forwarded and processed by DEP in Tallahassee. This shift has also
been accompanied by substantially more detailed permitting requirements. Staff has been
working with DEP to modify their guidelines and to return the permitting activity to the regional
level. While some progress has been made, the issue is far from resolved. In the interim, the
city's sea grape trimming component of the Dune Re-vegetation Project is on hold.
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05/06/03
With regard to a concern expressed by Ms. Wood about lighting conditions on the
beach, the City Manager stated the City has surveyed the lighting and most properties are in
compliance. The Delray Beach Club has been notified with respect to the large spotlights and
they were not aware that turtle season had begun and the lighting restrictions were in place.
With respect to the escarpments along the beach, the City's beach cleaner knocks them down in
areas of daily cleaning and on a case by case basis for other areas. He has been contacted and
the escarpments for the length of the project have been knocked down. The City Manager stated
Ms. Wood also suggested that the City have more park dedication and explained that there are
instances were developers, i.e., Palm Grove have donated land for neighborhood parks. In
general, developers are required to pay a park recreation impact fee for residential units and the
money is utilized to provide recreational opportunities for the citizens of Delray including
property acquisition.
With regard to comments expressed by Ms. Wood at the April 15, 2003 meeting
about the setbacks along A-l-A, the City Manager stated the most restrictive front setback
currently allowed in residential zone districts is a minimum of 25 feet. The code does not
provide for any specific additional requirements for properties along A-1-A.
With regard to comments expressed by Ms. Wood about large homes along
A-l-A, the city is investing whether or not there is neighborhood support for additional
regulations further restricting the size of homes. As to view being destroyed, the City Manager
stated land on the east side of A-1-A with the exception of the public beach is not in public
ownership and therefore has no obligation to provide view corridors for the general public.
These views are provided public property abuts the ocean.
With regard to comments expressed by Rita Ellis about the need for online
permitting and that it should be moved up on the priority list for interactive permitting over the
internet. The City Manager stated this is part of the City's long range plan for technology
development. The City has developed the framework for on-line permits as well as other
interactive software packages. The City has modified the internal infrastructure backbone and
developed our consolidated city website before these software packages could be installed. The
City Manager stated the city currently has a $25,000 contract with the Government Technology
Resources to develop online interactive Community Improvement, Code Enforcement and
Planning & Zoning Department software to include on-line permits and licenses. The software
packages are now installed and being tested in Kissimmee, Cocoa Beach, Leesburg and Daytona
Beach. Although this project has been delayed beyond our initial expectations based on the
verbal commitments of the contractor, we should see some preliminary work product soon.
At this point, the Commission moved to Item 12, First Readings.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 6-03: An ordinance amending the Land Development
Regulations Section 4.4.13 (G)(1)(e), "Supplemental District Regulation" within the Central
Business District and Section 4.6.9, "Off-Street Parking Regulations" to provide regulations for
the location and accessibility of guest parking spaces. If passed, a public hearing will be
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scheduled for May 20, 2003.
The caption of Ordinance No. 6-03 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,
BY AMENDING SECTION 4.4.13, "CENTRAL BUS1NESS (CBD)
DISTRICT", SUBSECTION (G), "SUPPLEMENTAL DISTRICT
REGULATIONS"; SECTION 4.6.9, "OFF-STREET PARKING
REGULATIONS", SUBSECTION (C), "NUMBER OF PARKING
SPACES REQUIRED", SUB-SUBSECTION (2), "REQUIREMENTS
FOR RESIDENTIAL USES", TO PROVIDE REGULATIONS FOR THE
LOCATION AND ACCESSIBILITY OF GUEST PARKING SPACES;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 6-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated the recent increase of in-fill
housing in the Downtown area most developers are providing parking in private garages below
residential units. In cumulatively calculating their parking requirements guest parking spaces are
in some cases included as spaces within individual private garages. Mr. Dorling explained that
this amendment states that the required guest spaces need to be accessible to all as guest spaces.
Mr. Dorling stated the Parking Management Advisory Board (PMAB), the
Community Redevelopment Agency (CRA), the Downtown Development Authority (DDA), and
the Planning and Zoning Board (P&Z Board) all recommended approval.
Mr. Levinson moved to approve Ordinance No. 6-03 on FIRST Reading,
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.
12.B. ORDINANCE NO. 10-03: An ordinance amending the Land Development
Regulations Section 4.5.1 (M), "Tax Exemption for Historic Properties" to provide clarification
to the tax abatement process/applicability and to be consistent with the Florida Administrative
Code. If passed, a public hearing will be scheduled for May 20, 2003.
The caption of Ordinance No. 10-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF CODE OF
ORDINANCES, BY AMENDING CHAPTER 4, "ZONING
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05/06/03
REGULATIONS", SECTION 4.5.1, "HISTORIC
PRESERVATION SITES AND DISTRICTS", SUBSECTION
(M) "TAX EXEMPTION FOR HISTORIC PROPERTIES", TO
PROVIDE CLARIFICATION TO THE TAX ABATEMENT
PROCESS AND APPLICABILITY, AND TO BE
CONSISTENT WITH THE FLORIDA ADMINISTRATIVE
CODE; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 10-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated the proposed text
amendment will provide clarification to the tax abatement process with the Land Development
Regulations and update them to be consistent with recent amendments to the Florida
Administrative Code (FAC) Chapter 1A-38, "Tax Exemption for Historic Properties", effective
in September, 2000. The amendment also modifies the responsible entity providing the written
order of Board action from the Board to staff. The amendment adds a time limit for submission
of 18 months after construction for Part I of the initial tax exemption request. The amendment
further clarifies what improvements are eligible for tax exemption credit.
The Historic Preservation Board and the Planning and Zoning Board
recommended approval of the proposed LDR text amendment to Section 4.5.1(M), Tax
Exemptions for Historic Properties.
Mrs. Archer moved to approve Ordinance No. 10-03 on FIRST Reading,
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.
12.C. 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
impoundment issues; and provide for an impoundment fee of $10.00. If passed, a public hearing
will be scheduled for May 20, 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",
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05/06/03
PROVIDING AN EXCEPTION FOR AGRICULTURE
ZONING DISTRICTS; 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.
Terrill Pyburn, Assistant City Attorney, stated changes regarding agricultural
areas have been added to this ordinance and noted that this change was made in order to make
the ordinance more consistent with LDR Section 4.4.1.
Mr. Costin moved to approve Ordinance No. 11-03 on FIRST Reading, 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.
12.D. ORDINANCE NO. 12-03: An ordinance amending Chapter 35, "Employee
Policies and Benefits" of the City Code of Ordinances by amending Section 35.056 "Designation
of Personnel as Critical to Security" to provide for fingerprinting and background checks for all
unescorted private contractors, vendors, repair, and delivery personnel with access to publicly
operated facilities within municipalities designated as critical to security. If passed, a public
hearing will be scheduled for May 20, 2003.
The caption of Ordinance No. 12-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, AMENDING CHAPTER 35, "EMPLOYEE POLICIES
AND BENEFITS", BY AMENDING SECTION 35.056,
"DESIGNATION OF PERSONNEL AS CRITICAL TO
SECURITY", TO PROVIDE FOR FINGERPRINTING AND
BACKGROUND CHECKS FOR ALL UNESCORTED
PRIVATE CONTRACTORS, VENDORS, AND REPAIR AND
DELIVERY PERSONNEL WHO HAVE ACCESS TO ANY
PUBLICLY OPERATED FACILITIES, WHICH ARE
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05/06/03
DESIGNATED AS CRITICAL TO SECURITY; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 12-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Terrill Pyburn, Assistant City Attorney, stated the only change to this ordinance is
to provide for unescorted contractors, vendors, repair, and delivery personnel to go through the
background checks. In the event that they are escorted, the City is not requiring that they meet
the Statute in going through the background checks.
Mr. Costin moved to approve Ordinance No. 12-03 on FIRST Reading, 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.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager.
With regard to comments expressed by Mr. Costin about the landscaping for the
Dixie Highway corridor between George Bush Boulevard and the IHOP, the City Manager stated
the proposed area is about half the distance of what was zoned on the other side of the railroad.
The City Manager stated the estimated cost is approximately $45,000. This is a County right-of-
way and as such would be eligible for grant funding through Keep Palm Beach County Beautiful.
The City Manager stated we would plan to submit the proposal for next year's grant cycle and
the grant should be submitted in June 2004 approved in October and the funds could be
appropriated in the following year's budget.
Mr. Costin commented that he feels this will enhance the area substantially.
However, Mr. Costin stated he noticed a few days ago that the railroad has some new equipment
which he feels is very unsightly. In response, the City Manager stated this is the only project
from the Decade of Excellence Bond that was never completed. This project involves extending
the sidewalk across the railroad and this could not be done until the signal change was complete
so that a crossing arm is on both sides of the railroad for the sidewalk. The City Manager
reported that this has now been done and staff needs to go back and finish the road and sidewalk
work. Once this is done, the City Manager stated then the area can be cleaned properly.
Mr. Levinson stated if in fact the grant program is available, he suggested that the
City look for additional areas where there are County rights-of-way that could be included in the
grant request.
With regard to a concern expressed about motorcycle noise, the City Manager
stated Captain Licata (who is now in charge of District 1) has made a concerted effort to speak
with business owners and to personally observe the conditions in the East Atlantic Avenue area.
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The Police Department has developed several methods to enforce violations occurring in the area
and improve the general atmosphere of the nighttime and weekend activities. The City Manager
stated that staff is utilizing the digital message boards on the outskirts of the downtown area
(Friday evening through Monday morning), to alert motorists that violations of Florida Statutes
related to excessive exhaust noise will be strictly enforced. In addition, the City Manager stated
the Police Department using public education notices seeking compliance to the Statutes and
warning motorcycle operators that aggressive enforcement initiatives are underway. Motor
officers will work identified hours to target offenders in the downtown and surrounding areas
and will issue traffic citations to offenders. In addition, the City Manager stated officers
assigned specifically to the area will adjust their hours to give additional attention to the
nighttime activities. In addition to noise, the City Manager stated that there is a notice being
circulated by the Police Department which states "ATTENTION Motorcycle Owners Florida
State Statute #316.272 prohibits excessive sound levels generated from the operation of motor
vehicle/motorcycle. The Delray Beach Police Department will be strictly enforcing this statute
resulting in substantial fines. Please be courteous to other citizens and to your fellow patrons
and keep sound levels to a minimum."
13.B. City Attorney.
The City Attorney stated she sent an email to the Commission about the Burt
Harris amendments being forwarded and thanked the Commission for all the help put forth in
this regard.
13.C.
13.C.1.
City Commission.
Commissioner Archer
Mrs. Archer stated last Friday the Delray Beach Sister Cities Committee had their
Twilight Safari Dinner and commented that this was a very successful event. Mrs. Archer
thanked Ngozi E. Mensah, Chairman of the Moshi Committee for Sister Cities for his assistance
and also thanked the Dale Briese and Rhonda Mensan (Co-Chairs of the Safari Dinner Event
Committee). In addition, Mrs. Archer thanked Tracey Sweeney, Executive Assistant, for her
heroic efforts with organizing the seating plan and handling the influx of money. Mrs. Archer
also recognized the staff from Old School Square for their efforts.
Mrs. Archer stated that a "Key to the City" was given to the Ambassador from
Tanzania. Mrs. Archer suggested that something can be done with the presentation of the "Key
to the City" so that it is in a flame with a plate on it to describe what it is. The City Manager
stated a flame has been found that can be used and staff is also talking to other vendors about a
presentation box.
Lastly, Mrs. Archer announced that she will not be at the Workshop Meeting next
week because she will be out of town.
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13.C.2. Commissioner Costin
Mr. Costin thanked the City Manager for following through with regard to the
landscape project along Dixie Highway.
Secondly, Mr. Costin stated he attended the Implementation Committee meeting
on Monday and commented that he is very impressed with the work from the Architects and
overall feels this is a great success.
13.C.3.
Commissioner McCarthy
Ms. McCarthy stated the Safari Dinner was well attended. In addition, Ms.
McCarthy stated the Roots Cultural series had the Caribbean Steel Band at Old School Square
and this band won 2002 solos (lst, 2nd, and 3rd place). Ms. McCarthy stated this is a Degree
Program at Florida Memorial College (FMC). Ms. McCarthy explained that the woman from
Trinidad who has her doctorate is teaching the program and she broached the school system
because she thought that it was time for a change. Ms. McCarthy stated the students have put on
an amazing program.
13.C.4.
Commissioner Levinson
Mr. Levinson stated the Commission received a memo regarding former
Commissioner David Randolph who will be honored as the "Man of the Year" on May 18, 2003
at 7:00 p.m. at the Ritz Carlton in Manalapan. Ms. McCarthy stated the sorority Delta Sigma
Theta holds an annual "Man of the Year Award" and tickets are $40.00 each.
Mayor Perlman stated he will not be able to attend because he will be at the
Florida Preservation Trust Meeting. Mayor Perlman inquired if there is an ad book and Ms.
McCarthy stated she will try to obtain information whether or not there is an ad book or not.
Mr. Levinson congratulated Nancy King because her daughter was selected to be
on the television show Mr. Personality.
Mr. Levinson stated that Autobahn Motors has provided the city with an electric
car and suggested that staff appropriately thank them by recognizing them with a proclamation at
the next Regular City Commission Meeting.
Mr. Levinson stated despite the rain the Delray Affair was a success event. He
commented that the coverage in the news that Delray Beach received was great.
Mr. Levinson stated that the Cinco de Mayo Festival was well attended and
commented that there were a lot more people there this year versus last year at that same time of
the day.
Mr. Levinson stated the CRA Technical Workshop with the Architects and
Planners was a terrific event and it tested the design guidelines.
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Mr. Levinson stated he did get to see the King of Ghana and commented that he
was very charming. Mr. Levinson stated he was there as the former Chairman of the Board of
the Museum of Discovery and Science.
Lastly, Mr. Levinson stated that if someone thinks the property values and rems
are high in Delray Beach, he suggested that they go visit Washington D.C.
13.C.5.
Mayor Perlman
Mayor Perlman stated that the turnout for the Cinco de Mayo Festival was great.
Secondly, Mayor Perlman stated he and the City Manager are going to meet with
Rick Chesser from FDOT on Monday which is before the Public Community Input Hearing
regarding the changes on A-1-A.
Mayor Perlman stated Ben Vereen visited the Child Care Center and gave a
public service announcement. Mayor Perlman stated that he will be doing some fundraising for
the children and commented that he has a home in Ibis Country Club in Jupiter.
Mayor Perlman commended Mrs. Archer and others for the Twilight Safari
Dinner and stated it was very well done. Mayor Perlman stated the Ambassador was very
gracious and complimentary toward Delray.
Mayor Perlman stated he had the opportunity to speak to the Realtors Association
of Palm Beach this morning at the golf club along with the Mayors of Boca Raton, Highland
Beach, and a representative from Boynton Beach. Mayor Perlman stated there will be a couple
other breakfasts in other parts of the County to discuss local issues of interest to the real estate
community. Mayor Perlman stated this was very well attended and he feels this is a very good
idea.
Mayor Perlman stated he had the opportunity to speak to Senator Klein who he
will be called back into the Special Session on Monday. Mayor Perlman stated that Senator
Klein is not very optimistic regarding the budget. Mayor Perlman stated that some of the magnet
programs at various schools may be cut and commented that Old School Square has lost some
funding. Mayor Perlman stated that Senator Klein has informed him that next year will be even
worse because the trust funds will be gone and will have to bank on a huge economic recovery.
Mayor Perlman stated he went to the lifeguard competition on the beach and
commented that he was amazed at the physical condition the lifeguards are in.
Mayor Perlman stated he would like to publicly thank and commend Tracey
Sweeney, Executive Assistant, for the wonderful job she did with organizing the Safari Dinner.
In addition, Mayor Perlman commended Bob Barcinski, Assistant City Manager, and Rich
Olson, Interim Director Public Works, for all their hard work with the Delray Affair.
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05/06/03
At this point, the Commission moved to reconsider Item 8.Z., Special Event/4th
Annual Haitian Flag Day Celebration.
SPECIAL EVENT/4m ANNUAL HAITIAN FLAG DAY CELEBRATION:
Approve a special event request for the 4th Annual Haitian Flag Day Celebration sponsored by
Our Lady of Perpetual Help Catholic Church's Youth Group to be held on Sunday, May 18,
2003 from 4:00 p.m. until 8:00 p.m., including temporary use permit per LDR Section 2.4.6(H)
for the use of Merritt Park, set up/removal of City stage, staff support for security, trash removal,
and consideration of waiving 50% of overtime costs; contingent on the sponsor providing
certificate of liability insurance and a hold harmless agreement.
Wilner Athouriste stated this is a request for the City Commission to waive the
overtime costs for the 4th Annual Haitian Flag Day Celebration being held on Sunday, May 18,
2003.
Brief discussion followed by the Commission.
Mr. Costin moved to reconsider this item, 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.
Mrs. Archer moved to approve waiving all overtime costs, seconded by Mr.
Costin.
At this point, Mrs. Archer stated normally the City requests the event holder to
assume more of the financial responsibility for the City's costs. Mrs. Archer stated if the
Commission approves the amount this time, Mr. Athouriste would need to include an expense
item in his budget for the cost of the Police overtime next year.
Mayor Perlman asked if staff could meet with the organizers and get with the
Police Department to see if there is a way to cut back the overtime cost as much as possible. In
response, Mr. Barcinski he has discussed this once with Mr. Brown.
Ms. McCarthy commended Mr. Athouriste for continuing to have this event and
stated she feels it is very conscientious of him to come forward and anticipate that more security
may be needed this time. Ms. McCarthy commented about the Haitian radio station and stated
more and more people are listening and it is quite probable that people will be coming from
many different avenues. Ms. McCarthy stated she heard people in other counties talking about
listening to Mr. Athouriste's radio station. Ms. McCarthy stated because the Haitian Flag Day
Celebration may grow in attendance next year, she suggested that there be a public service
announcement on his radio station as a way to help him obtain more sponsors next year.
Mr. Levinson asked if Commissioner Archer would consider amending her
motion to approve to waive the overtime costs up to $1,200. Mrs. Archer concurred, 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
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passed with a 5 to 0 vote.
There being no further business, Mayor Perlman declared the meeting adjourned
at 8:30 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 May 6, 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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05/06/03
passed with a 5 to 0 vote.
There being no further business, Mayor Perlman declared the meeting adjourned
at 8:30 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 Regular City Commission Meeting held on May 6, 2003,
which Minutes were formally approved and adopted by the City Commission on
Y~ay 20, 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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05/06/03