06-17-03JUNE 17~ 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, June 17, 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
Susan A. Ruby, City Attorney
Brian Shutt, Assistant City Attorney
Barbara Garito, City Clerk
2. The opening prayer
Abbey Delray South.
was delivered by Reverend Richard Evans, Chaplain for
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The Pledge of Allegiance to the flag of the United States of America was given.
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AGENDA APPROVAL
Mayor Perlman requested Item 8.A., Final Boundary Plat Approval/Owens
Baker be removed from the Consent Agenda.
Mayor Perlman requested Item 8.G., Extension/Palm Beach County Financial
Assistance Agreement be moved to the Regular Agenda as Item 9.H.
Mayor Perlman noted the addition of Item 8.K., Final Boundary Plat
Approval/Bankoff Plat, to the Consent Agenda by addendum.
Also, Mayor Perlman stated there is additional information regarding Item 9.D.,
Tripartite Agreement and an additional application for Item 9.F., Appointment to the
Downtown Development Authority.
Mr. Costin moved to approve the Agenda as amended, seconded by Mrs. Archer.
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:
Mr. Levinson moved to approve the Minutes of the Regular Meeting of June 3,
2003, seconded by Ms. McCarthy. 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.
Mr. Costin moved to approve the Minutes of the Special Meeting of June 10,
2003, 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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PROCLAMATIONS:
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Parks and Recreation Month - July 2003
Mayor Perlman read and presented a proclamation hereby proclaiming July, 2003
as Parks and Recreation Month. Danielle Gallo, Marketing/Special Events Coordinator for the
Delray Beach Parks and Recreation Department came forward to accept the proclamation.
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PRESENTATIONS:
7.A. Government Finance Officers Association - Distinguished Budget
Presentation Award
Mayor Perlman presented the Finance Director with the Government Finance
Officers Association Distinguished Budget Award with special recognition for the Capital
Improvement portion of the budget document for fiscal year beginning October 1, 2002.
On behalf of the Finance Department, Mr. Safford came forward to accept the
award and stated this is the 17th consecutive year the Finance Department has received this
recognition. Mr. Safford stated this year the Finance Department received special recognition
for the Capital Improvement portion of the budget document and he explained how this was
achieved.
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CONSENT AGENDA: City Manager Recommends Approval.
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THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
FINAL BOUNDARY PLAT APPROVAL/SOUTH COUNTY
COURTHOUSE: Approve the boundary plat for the South County Courthouse with associated
alleyway abandonments, located on the south side of West Atlantic Avenue, between S.W. 1st
Avenue and S.W. 2nd Avenue.
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CONSENT TO ASSIGNMENT/PREMIER BUS OPERATING COMPANY:
Approve Consent to Assignment with Premier Bus Operating Company, which will acquire the
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Florida Network Tours, Inc. transportation segment for bus rental services for the Parks and
Recreation Department.
8.D. RESOLUTION NO. 13-03: Approve Resolution No. 13-03 abandoning a
portion of Dixie Highway, lying adjacent to Lot 5, Delray Beach Estates (2300 Dixie Highway).
The caption of Resolution No. 13-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF DIXIE HIGHWAY RIGHT-
OF-WAY (ROW) LOCATED APPROXIMATELY 1,640 FEET
SOUTH OF GULF STREAM BOULEVARD, AS MORE
PARTICLARLY DESCRIBED HEREIN, BUT RESERVING
AND RETAINING TO THE CITY A UTILITY EASEMENT
OVER THE ENTIRE AREA THEREOF, AS MORE
PARTICULARLY DESCRIBED HEREIN.
(The official copy of Resolution No. 13-03 is on file in the City Clerk's office.)
ACCEPTANCE OF HOLD HARMLESS AGREEMENT: Approve
and accept a hold harmless agreement between the City and Richard Roehm for
the installation of a fence within a public right-of-way.
8.E. RESOLUTION NO. 39-03: Approve Resolution No. 39-03 clarifying that
Resolution No. 49-00 is for notice purposes only and does not place a lien on the properties of
the Pineapple Grove Way Special Assessment District.
The caption of Resolution No. 39-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE
CLARIFICATION OF RESOLUTION 49-00, (PRELIMINARY
ASESSMENT ROLL FOR THE PINEAPPLE GROVE WAY
SPECIAL ASSESSMENT DISTRICT) CLARIFYING THAT
RESOLUTION 49-00 DOES NOT PLACE A LIEN ON THE
PROPERTY LISTED IN THE PINEAPPLE GROVE WAY
SPECIAL ASSESSMENT DISTRICT, BUT IS ONLY NOTICE
OF AN AMOUNT THAT MAY BE CHARGED TO THE
PROPERTY ONCE THE FINAL ASSESSMENT ROLL IS
ADOPTED; PROVIDING AN EFFECTIVE DATE.
(The official copy of Resolution No. 39-03 is on file in the City Clerk's office.)
8.F. AGREEMENT/LAKE IDA CHURCH OF CHRIST: Approve and accept an
agreement between the City and Lake Ida Church of Christ providing for a Letter of Credit for
the installation of a turning lane on Roosevelt Avenue.
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8.G. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS
ITEM 9.H.
8.H. EXTENSION/SUPERLATIVE GROUP, INC.: Approve a recommendation
concerning the Superlative Group, Inc. for a ninety (90) day extension to the naming rights
agreement for the Tennis Center.
g.I.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period June 2,
2003 through June 13, 2003.
g.J.
AWARD OF BIDS AND CONTRACTS:
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Contract award to RPM General Contractors, Inc. in the amount of
$44,652.00 for the construction of interior Water Treatment Plant Control
Room Modifications. Funding is available from 442-5178-536-62.10
(Water/Sewer Renewal & Replacement/Buildings).
Purchase award to Kuhn Carpet and Tile in the amount of $26,100.00 via
the Florida State Contract #360-240-00-1 for replacement carpeting for the
Fire-Rescue Department Headquarters. Funding is available from 001-
2311-522-46.10 (General Fund/Building Maintenance) and 334-6112-519-
46.10 (General Construction Fund/Building Maintenance).
8.K. FINAL BOUNDARY PLAT APPROVAL/BANKOFF PLAT (ADDENDUM
ITEM): Approve the boundary for Bankoff, located on the north side of Atlantic Avenue and
east of the Intracoastal Water.
Mrs. Archer moved to approve the Consent Agenda as amended, 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.
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REGULAR AGENDA:
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PUBLIC FINANCIAL MANAGEMENT, INC. PRESENTATION. Public
Financial Management, Inc. will make a presentation concerning refinancing the City's Water
and Sewer Bonds.
Hal Canary, representing Public Financial Management, Inc. gave a brief
presentation concerning the city's options for refinancing Water and Sewer Bonds and stated
there will be an approximate cost savings of $600,000 for the city. Mr. Canary stated one
resolution is to authorize the issuance of bonds and the other resolution is to authorize a
negotiated sale under certain terms. Mr. Canary stated the total debt service savings would be
$637,000 which would average $134,000 per year for the years 2004-2008 (final maturity of the
existing debt). The new bonds will be issued and will not extend any maturities beyond the
original term. Mr. Canary stated the city would lock in at an average interest rate of 1.72%.
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Joseph Safford, Finance Director, recognized Becky O'Connor, Treasurer, for all
her hard work with regard to the refunding of all the General Obligation Bonds, Utilities Tax
Bond, and the Water and Sewer Bonds.
9.B. RESOLUTION NO. 34-03: Consider approval of Resolution No. 34-03
authorizing the issuance of not exceeding $13,500,000 in the initial aggregate principal amount
of the City's Water and Sewer Refunding Bonds, Series 1993 A and B, and the City's
outstanding Water and Sewer Refunding Bonds, Subordinate Series 1999; providing for the
terms and payment of the bonds.
The caption of Resolution No. 34-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, SUPPLEMENTING
RESOLUTION NO. 39-88, AS AMENDED AND
SUPPLEMENTED, FOR THE PURPOSE OF AUTHORIZING
AN EIGHTH SERIES OF WATER AND SEWER REVENUE
BONDS DESIGNATED AS WATER AND SEWER REVENUE
REFUNDING BONDS, SERIES 2003, IN THE INITIAL
AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING
$13,500,000 FOR THE PURPOSE OF REFUNDING, ON A
CURRENT BASIS, ALL OR A PORTION OF THE CITY'S
OUTSTANDING CURRENT INTEREST PAYING WATER
AND SEWER REFUNDING REVENUE BONDS, SERIES 1993
A, THE CITY'S OUTSTANDING CURRENT INTEREST
PAYING WATER AND SEWER REVENUE BONDS, SERIES
1993 B AND THE CITY'S OUTSTANDING WATER AND
SEWER REVENUE BONDS, SUBORDINATE SERIES 1999;
PROVIDING FOR THE TERMS AND PAYMENT FOR SAID
BONDS; INCORPORATING BY REFERENCE THE TERMS
AND PROVISIONS OF RESOLUTION NO. 39-88, AS
AMENDED AND SUPPLEMENTED; PROVIDING FOR THE
UNDERTAKING BY THE CITY REQUIRED BY RULE 15c2-
12 OF THE SECURITIES AND EXCHANGE COMMISSION;
PROVIDING FOR THE RIGHTS, REMEDIES AND
SECURITY OF THE HOLDERS OF SAID BONDS; MAKING
CERTAIN COVENANTS AND AGREEMENTS IN
CONNECTION THEREWITH; PROVIDING FOR CERTAIN
OTHER MATTERS IN CONNECTION THEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
(The official copy of Resolution No. 34-03 is on file in the City Clerk's office.)
Mrs. Archer moved to approve Resolution No. 34-03, 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.
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9.C. RESOLUTION NO. 35-03: Consider approval of Resolution No. 35-03
authorizing the negotiated sale of the City's Water and Sewer Revenue Bonds and to set the
terms thereof.
The caption of Resolution No. 35-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAYBEACH, FLORIDA, AUTHORIZING THE NEGOTIATED
SALE OF CITY OF DELRAY BEACH, FLORIDA, WATER AND
SEWER REVENUE REFUNDING BONDS, SERIES 2003, IN THE
INITIAL AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING
$13,500,000 FOR THE PURPOSE OF PAYING AND DEFEASING
ALL OR A PORTION OF THE CITY'S CURRENT INTEREST
PAYING WATER AND SEWER REFUNDING REVENUE BONDS,
SERIES 1993 A, ALL OR A PORTION OF ITS CURRENT
INTEREST PAYING WATER AND SEWER REVENUE BONDS,
SERIES 1993 B AND ALL OF ITS WATER AND SEWER REVENUE
BONDS, SUBORDINATE SERIES 1999 (COLLECTIVELY, THE
"REFUNDED BONDS"); DETERMINING CERTAIN DETAILS OF
SAID BONDS; APPOINTING THE UNDERWRITER; PROVIDING
FOR THE APPLICATION OF THE BOND PROCEEDS; APPROVING
THE FORM OF, AND AUTHORIZING THE EXECUTION AND
DELIVERY OF A BOND PURCHASE AGREEMENT TO EFFECT
THE NEGOTIATED SALE OF THE BONDS AND SETTING THE
PARAMETERS BY WHICH THE MAYOR OR VICE MAYOR SHALL
BE AUTHORIZED TO EXECUTE AND DELIVER THE BOND
PURCHASE AGREEMENT; APPROVING THE FORM OF AND
AUTHORIZING THE EXECUTION OF AN OFFICIAL STATEMENT
IN CONNECTION WITH THE OFFERING AND SALE OF THE
BONDS AND AUTHORIZING THE DISTRIBUTION OF A
PRELIMINARY OFFICIAL STATEMENT AND THE OFFICIAL
STATEMENT BY THE UNDERWRITER; APPOINTING A PAYING
AGENT; APPOINTING A REGISTRAR; APPROVING THE FORM OF
AND AUTHORIZING THE EXECUTION AND DELIVERY OF A
PAYING AGENT/REGISTRAR AND PAYING AGENT
AGREEMENT; PROVIDING FOR A FINANCIAL GUARANTY
INSURANCE POLICY FOR THE BONDS TO BE PROVIDED BY
AMBAC ASSURANCE CORPORATION, APPROVING THE FORM
OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A
GUARANTY AGREEMENT IN CONNECTION WITH THE
ISSUANCE OF A SURETY BOND BY AMBAC ASSURANCE
CORPORATION; AUTHORIZING CERTAIN CHANGES AND
MODIFICATIONS TO THE BOND RESOLUTION IN CONNECTION
WITH, AND AS A CONDITION OF, OBTAINING SUCH FINANCIAL
GUARANTY INSURANCE POLICY AND SURETY BOND;
APPOINTING AN ESCROW AGENT; APPROVING THE FORM OF
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AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN
ESCROW DEPOSIT AGREEMENT; AUTHORIZING THE BONDS TO
BE REGISTERED UNDER A BOOK-ENTRY ONLY SYSTEM OF
REGISTRATION; AUTHORIZING THE PROPER OFFICERS OF THE
CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR
ADVISABLE AS TO THE SALE AND DELIVERY OF THE BONDS;
AND PROVIDING FOR AN EFFECTIVE DATE.
(The official copy of Resolution No. 35-03 is on file in the City Clerk's office.)
Mr. Levinson moved to approve Resolution No. 35-03, 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.
9.9.
DELRAY BEACH LIBRARY/TRIPARTITE AND INTERLOCAL
AGREEMENT: Consider approval of a tripartite and interlocal agreement between City of
Delray Beach, Community Redevelopment Agency (CRA), and Delray Beach Public Library
Association, Inc. regarding the relocation of the library.
Mr. Levinson declared a conflict of interest with this item and stepped down.
The City Attorney noted some revisions to the document in the Agenda packets
and stated the memorandum outlines various typographical changes and the assignment of the
lease security has been deleted. The City Attorney stated this agreement provides that the CRA
will convey to the city land that the library would like to build the library on. The City of Delray
Beach is going to convey to the CRA the current library land and the library is going to give up
all rights it has to a long term lease on that property and any rights it may have to the building
that they did construct on the current library site. The City Attorney continued to state it is
required under the grant agreements that the City of Delray Beach remain the owners of the
current library site, new site, and also the building. Therefore, the City Attorney stated the City
of Delray Beach is going to enter into a 99 year lease agreement subject to a twenty year option
for them to purchase the building for nominal consideration if there is no breech of these
agreements. The Tripartite and Interlocal Agreement provides for a bridge loan of $800,000 and
a payment schedule is set forth in the memo with the last payment being August 31, 2006. The
City of Delray Beach will contribute $2.5 to the library and part of which will be reimbursed by
the CRA as a one time payment ($660,000) to the City of Delray Beach after the city has
expended the city funds and the library funds. The City Attorney stated the library retains the
right for the design although it has to go through the city processes for approval of architectural
elevations. With regard to parking, the City Attorney stated the library is going to have
approximately 170 spaces and in this agreement the city has a right for ten days each calendar
year to use 137 of those spaces and it is up to the library to work out the details with the County
for the use of those spaces. The City Attorney suggested on page 11, paragraph 18, that the
number 170 be removed and replaced with the following words to read: "the city's right to use
one hundred thirty-seven (137) of the library' s parking spaces."
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Mr. Costin inquired about the ten days and asked how this will be managed. In
response, the City Attorney stated the library and the city will work out the logistics thirty days
in advance of the day the city is going to use the spaces. The City Attorney stated if they cannot
be worked out within those ten days then part of the library will have to close.
The City Manager stated part of it will probably be during the days of a major
tennis tournament which could be in February, March or most likely in September. Mr. Costin
commented that one of the concerns expressed by the tennis personnel is that they have some
space available to them during the tournament. The City Manager stated one of the main reasons
for stating this in the agreement is to give the city an additional 137 spaces during the day time.
The City Manager stated there should be no problem in the evening because the Courthouse
spaces will be available.
Mayor Perlman commented about #8 in the memorandum regarding the library
retaining all rights to the design and construction of the library. The City Attorney stated there
was an agreement and an amendment which the City Commission approved that gave the Library
Board the right to control the design. The City Attorney stated this has not changed and
therefore is not something new but is subject to city processes (i.e. SPRAB) and if the
Commission wishes to do so they can appeal it.
The City Manager stated the city has ultimate authority to determine whether the
design is appropriate or not under the SPRAB process.
Ms. McCarthy stated she attended the last CRA meeting when they made their
presentation and Mr. Callahan was present to hear the comments. Ms. McCarthy stated she is
not sure if something has happened since that CRA meeting but she feels this would be a good
time for Mr. Callahan to inform the Commission if something has changed.
John Callahan, Library Director, stated he attended the WARC meeting last week
and there were some suggestions which were taken into account. Mr. Callahan stated the CRA
primarily focused on the color scheme and they are currently working with the colors that are
approved for West Atlantic Avenue and are confident this will be worked out. Mr. Callahan
stated tomorrow they go before the DDA and next week to SPRAB. Mr. Callahan stated they
have incorporated those comments and suggestions and stated it has not really resulted in any
radical changes to the design.
Mayor Perlman stated this is a great opportunity and is a major project on West
Atlantic Avenue and he wants to ensure this building is the nicest it can be. Mr. Callahan stated
the library is sensitive to this as well as the Design Committee which is a subset of the Library
Board. Mr. Callahan stated this is going to be a building that is going to cover an entire city
block and the architect is taking some steps to make the area pedestrian friendly.
Mr. Costin moved to approve the Tripartite Interlocal Agreement, memorandum
and all the Exhibits, seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes.
Said motion passed with a 4 to 0 vote.
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At this point, Commissioner Levinson returned to the dais.
APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY
BOARD: Appoint one (1) member to the Community Redevelopment Agency Board for a term
ending July 1, 2007. Based on the rotation system, the appointment will be made by
Commissioner Costin (Seat #1).
Mayor Perlman declared a conflict of interest with this item and passed the gavel
to Vice Mayor Levinson.
Mr. Costin moved to appoint Thomas F. Carney, Jr. as a member to the
Community Redevelopment Agency Board for a term ending July 1, 2007, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Vice Mayor Levinson - Yes; Ms.
McCarthy - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote.
At this point, Mayor Perlman returned to the dais and Vice Mayor Levinson
passed the gavel back to Mayor Perlman.
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APPOINTMENTS TO THE DOWNTOWN DEVELOPMENT
AUTHORITY: Appoint two (2) members to the Downtown Development Authority for three
(3) year terms ending July 1, 2006. Based on the rotation system, the appointments will be made
by Commissioner Costin (Seat #1) and Commissioner Archer (Seat #2).
Mr. Costin moved to appoint Perry DonFrancisco as a member to the Downtown
Development Authority for a three year term ending July 1, 2006, 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.
Mrs. Archer moved to appoint Chris Brown as a member to the Downtown
Development Authority for a three year term ending July 1, 2006, seconded by Mr. Levinson.
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. APPOINTMENTS TO THE EDUCATION BOARD: Appoint six (6) regular
members to the Education Board for two (2) year terms ending July 31, 2005. Based on the
rotation system, the appointments will be made by Commissioner Archer (Seat #2),
Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), Mayor Perlman (Seat
#5), Commissioner Costin (Seat #1), and Commissioner Archer (Seat #2).
Mrs. Archer moved to appoint Troy Wheat as a regular member to the Education
Board for a two year term ending July 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. Levinson moved to appoint Kathleen Schoenberg as a regular member to the
Education Board for a two year term ending July 31, 2005, seconded by Ms. McCarthy. Upon
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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.
Ms. McCarthy moved to reappoint Frances "Betty" Owen as a regular member to
the Education Board for a two year term ending July 31, 2005, 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.
Mayor Perlman stated he wished to reappoint Marlene Brown a regular member
to the Education Board for a two year term ending July 31, 2005. Mr. Levinson so moved,
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.
Mr. Costin moved to appoint Lisa Shaheen as a regular member to the Education
Board for a two year term ending July 31, 2005, 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.
Mrs. Archer moved to reappoint Sharron Ronco as a regular member to the
Education Board for a two year term ending July 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.
9.H. EXTENSION/PALM BEACH COUNTY FINANCIAL ASSISTANCE
AGREEMENT: Approve revisions to the existing financial assistance agreements with the
Palm Beach County Board of County Commissioners to extend the completion period until June
2004 for the irrigation and landscaping of Lake Ida Road (between Congress Avenue and
Military Trail).
The City Manager clarified that Palm Beach County is giving the city a year to
finish the landscaping and stated the city is doing everything possible to get the contractor to
complete the project within this timeframe.
Lula Butler, Director of Community Improvement, stated the city asked for a year
due to any unforeseen circumstances that may arise although she anticipates only needing six
months. Furthermore, Ms. Butler stated Palm Beach County's paperwork process is also the
other part of this to ensure the city receives back all of its dollars.
Mrs. Archer moved to approve the agreement revisions between the city and Palm
Beach County to extend the time period for the completion of the irrigation and landscaping to
Lake Ida Road (between Congress Avenue and Military Trail) from June 2003 to June 2004,
seconded by Ms. McCarthy. 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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At this point, the Commission moved to Item 12, First Readings.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 18-03: An ordinance repealing the current Chapter 93,
"Cable Television" of the City Code of Ordinances and enacting a new Chapter 93, "Cable
Television" providing for revised definitions, equipment and technical standards, establishment
of a security fund, and other guidelines. If passed, a public hearing will be scheduled for July 8,
2003.
The caption of Ordinance No. 18-03 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 BY
REPEALING CHAPTER 93, "CABLE TELEVISION", IN ITS
ENTIRETY AND ENACTING A NEW CHAPTER 93, "CABLE
TELEVISION", PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 18-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Brian Shutt, Assistant City Attorney, stated this ordinance repeals and replaces
the existing cable ordinance along with updating the standards and technical requirements. Mr.
Shutt continued to state that this is the first step in the franchise renewal process and once this
ordinance is adopted then the city can start the negotiation process with Adelphia for the actual
franchise renewal that will incorporate the terms of this ordinance.
Mayor Perlman commented about the performance standards.
Mr. Levinson stated he feels the city should thank Ira Feld who did most of the
work. Mr. Levinson stated many things were discussed such as performance standards not just
on how quickly they fix your cable but also how quickly they answer the phone, etc. Mr.
Levinson stated he discussed a number of issues with Mr. Shutt regarding the performance
standards and he would like to ensure that those get included in the franchise agreement or
tweaked in the document if necessary.
Brief discussion by the Commission followed with regard to internet access.
Mr. Shutt stated the city can try to do things with internet access. However, Mr.
Shutt stated the city is limited by certain aspects of Federal law and noted that this ordinance
really covers cable and not internet service. Mr. Shutt stated it is his understanding that Adelphia
has upgraded everything in the city and that those services should be available but staff can
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check with Adelphia to see why it is not available.
Mr. Levinson stated there are very specific requirements as to where the cable has
to be provided which is basically everywhere within the city. Furthermore, Mr. Levinson stated
there is no place that is really far enough away from their cable lines to be excluded.
Mr. Costin moved to approve Ordinance No. 18-03 on FIRST Reading, seconded
by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mr. Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - 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. Alice Finst~ 707 Place Tavant~ Delray Beach~ stated last night she attended the
Planning and Zoning Board meeting regarding Bexley Park (also known as the Arvida property).
She stated the Planning and Zoning Board reviewed the Master Development Plan and the
Conditional Use Request she spoke about the mitigation of the wildlife on the property
particularly the raccoons. Mrs. Finst stated she later found out that there were not only raccoon
on the property but also wild boars, rats and other types of animals that seem to migrate when
property is developed. In this circumstance since there is a 10 acre park with a lake on the
property, Mrs. Finst stated it seems the most logical place these animals would relocate is to the
city owned park. Mrs. Finst expressed concern regarding this and stated it seems appropriate
that the developer remove these animals before they travel into the city owned park. Mrs. Finst
expressed concern that if a child is bitten in the city owned park it will be taxpayer money that
will take care of the problem. Mrs. Finst stated before this project goes any further she urged the
Commission to issue an ordinance which requires the developer to mitigate the wild animals.
At this point, the time being 6:47 p.m., Mayor Perlman adjourned the Regular
Meeting to Item 14, Closed Attorney/Client Session.
14. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re:
the case of Village by the Sea~ L.L.P.v. the City of Delray Beach and Frank and Nilsa
McKinney v. the City of Delray Beach
Attendees:
Mayor Jeff Perlman
Commissioner Pat Archer
Commissioner Robert Costin
Commissioner Alberta McCarthy
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06/17/03
Commissioner Jon Levinson
City Manager David Harden
City Attorney Susan Ruby
Assistant City Attorney Terrill Pyburn
A certified court reporter
Purpose:
Discuss settlement negotiations and strategy related to litigation
expenditures in the above case.
Mayor Perlman read the following statement for the record: "The City has scheduled a
closed attorney-client session pursuant to Florida Statutes {}286.011(8) in the cases of:
Village by the Sea, LLP v. City of Delray Beach - Case No. CA06122 AY; and, Frank
and Nilsa McKinney v. City of Delray Beach - Case No. 2003 AP 001062AY. The
estimated length of the closed session shall be 20 minutes. The following persons will be
attending: Mayor Jeff Perlman, Commissioners Jon Levinson, Patricia Archer, Alberta
McCarthy, Bob Costin, and City Manager David Harden, City Attorney Susan Ruby,
Assistant City Attorney Terrill Pyburn, and a certified court reporter."
At this point, the time being 7:25 p.m., Mayor Perlman reconvened the Regular Meeting
and announced that the Closed Attorney/Client Session was terminated.
15.
SETTLEMENT OF VILLAGE BY THE SEA~ L.L.P.V. CITY OF DELRAY
BEACH: Consider settlement of the referenced matter.
16. SETTLEMENT OF FRANK AND NILSA MCKINNEY V. CITY OF
DELRAY BEACH: Consider settlement of the referenced matter.
Mr. Levinson moved to direct staff to continue negotiations with Village by the
Sea, L.L.P. and Frank and Nilsa McKinney regarding Item #15 and #16, 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.
At this point, the time being 7:25 p.m. the City Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 16-03: An ordinance rezoning from AC (Automotive
Commercial) to GC (General Commercial) for a 0.759 acre parcel of land located at 909 S.E. 5th
Avenue and S.E. 9th Street for Gulf Stream Business Bank. Prior to consideration of passage of
this ordinance on Second Reading and FINAL Reading, a Public Hearing has been scheduled to
be held at this time (Quasi-Judicial Hearing).
The caption of Ordinance No. 16-03 is as follows:
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06/17/03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING LAND
PRESENTLY ZONED AC (AUTOMOTIVE COMMERCIAL)
DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT;
SAID LAND BEING A PARCEL LOCATED AT 909 SE 5TH
AVENUE, WHICH IS AT THE SOUTHEAST CORNER OF
SE 5TH AVENUE AND SE 9TH STREET, AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA,
SEPTEMBER, 2002"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 16-03 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.
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. No ex
parte contacts were disclosed.
Paul Dorling, Director of Planning and Zoning, entered into the record the
Planning and Zoning Department project file #2003-171.
The subject property consists of Lot 2A of the replat of Lot 2 Ninth Street Plaza,
which is zoned AC (Automotive Commercial) and contains 0.76 acres. There is an existing
5,758 square foot structure and associated parking located on the property. The structure is
occupied by the Blue Max German Autohaus, which is an automotive repair shop with incidental
sales of vehicles. The proposal is to change the zoning designation of Lot 2A from AC to GC to
establish a new financial institution with drive-through facilities for Gulfstream Business Bank
and office space.
At its meeting of May 19, 2003, the Planning and Zoning Board held a public
hearing in conjunction with the request. After reviewing the staff report and discussing the
proposal, the Board voted 5-0 (Morris and Woehlkens absent) to recommend that the request to
rezone the property from AC to GC be approved, based upon positive findings with respect to
Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development
Regulations, and policies of the Comprehensive Plan.
Mayor Perlman declared the public hearing open. There being no one who
wished to address the Commission regarding Ordinance No. 16-03, the public hearing was
closed.
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06/17/03
Mr. Costin moved to adopt Ordinance No. 16-03 on Second and FINAL Reading,
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.
10.B. ORDINANCE NO. 13-03: An ordinance amending the Land Development
Regulations Section 2.4.3 (K)(1) to provide for an increase in the development application fees.
Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public
hearing has been scheduled to be held at this time.
The caption of Ordinance No. 13-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, AMENDING CHAPTER TWO, "ADMINISTRATIVE
PROVISIONS", ARTICLE 2.4, "GENERAL PROCEDURES",
SECTION 2.4.3, "SUBMISSION REQUIREMENTS",
SUBSECTION 2.4.3(K), "FEES", SUB-SUBSECTION
2.4.3 (K)(1), "DEVELOPMENT APPLICATIONS", TO
PROVIDE FOR AN INCREASE IN THE DEVELOPMENT
APPLICATION FEES CHARGED; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 13-03 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 this ordinance modifies the
fees for land development applications and noted that the last time this was done was
approximately six years ago. This analysis included fees charged by other municipalities in the
area for similar development activities as well as an assessment of the average staff hours spent
on each type of application. Based upon this review, an increase in fees is supported. The
increase results in a minimum across the board increase of 10% (except for voluntary
annexations) plus significant adjustment for processes which are drastically undervalued at this
time such as certificates of appropriateness, variances and LDR text amendments.
At its meeting of May 19, 2003, the Planning and Zoning Board held a public
hearing regarding this item and after discussing the amendment, the Board voted 4-0 (Morris,
Pike and Woehlkens absent) to recommend approval of the proposed text amendment based
upon positive findings with respect to LDR Section 2.4.5(M)(5).
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06/17/03
wished
closed.
Mayor Perlman declared the public hearing open. There
to address the Commission regarding Ordinance No. 13-03, the
being no one who
public hearing was
Prior to the vote, Mr. Levinson stated although he realizes this is a 100% increase
for some fees, he still feels this is a lot of work (i.e. certificate of appropriateness). Mr. Levinson
suggested limiting the calculation of the fees by the percentage of increase because if it is hours
of work and only $100, he feels it still may be undervalued. In response, Mr. Dorling stated the
$100 may be appropriate in some cases and may be undervalued in other cases.
The City Manager stated he feels this is a pretty good average.
Ms. McCarthy suggested that the city systematically review the fees either on an
annual basis or every 2-3 years versus every decade to avoid having to make such significant
increases.
The City Manager explained that these fees are not reviewed on a regular basis
across the board. However, the City Manager stated this would make sense to systematically
review these fees and noted some fees are limited to how often they can be changed.
Mrs. Archer concurred with comments expressed by Ms. McCarthy and stated she
feels there should be a review of fees at least every five years.
Mrs. Archer moved to adopt Ordinance No. 13-03 on Second and FINAL
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.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager.
The City Manager had no comments or inquiries on non-agenda items.
13.B. City Attorney.
The City Attorney had no comments or inquires on non-agenda items.
13.C.
13.C.1.
City Commission.
Commissioner Archer
Mrs. Archer commented about a flyer on the "Palm Beach County Noise
Abatement Protest Run" regarding the motorcycles. Mrs. Archer stated she sat on the sidewalk
downtown as eighty motorcycles conducted a parade and commended the Police Department for
doing an admirable job of maintaining decorum as did the bikers.
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06/17/03
Mrs. Archer commented about an article in the Florida League of Cities
newsletter which talked about mitigation funds for expenses for cities after 9-11 are available but
only within a specific date. Mrs. Archer stated there are a great many more expenses that have
been incurred outside those dates and commented that they were very specific with regard to
level orange. Therefore, Mrs. Archer stated even though there are funds available she feels it
may be very difficult to obtain funds to mitigate some of those expenses.
13.C.2.
Commissioner Costin
Mr. Costin had no comments or inquiries on non-agenda items.
13.C.3.
Commissioner McCarthy
Ms. McCarthy had no comments or inquiries on non-agenda items.
13.C.4.
Commissioner Levinson
Mr. Levinson stated he would like to wish his daughter a Happy 21st birthday.
13.C.5.
Mayor Perlman
Mayor Perlman commented about an article which appeared over the weekend in
The Palm Beach Post regarding West Palm Beach and the future of their downtown and stated
they convened that a National Panel of Experts from the Urban Land Institute came in to
brainstorm about the future of Clematis Street. Mayor Perlman stated an expert from Oregon
said "if one would take this advice you would surpass Atlantic Avenue and Las Olas Boulevard"
with regard to goal standards. Mayor Perlman stated we are in a constant state of competition for
shoppers, tourists, and residents and commented that there are cities looking to capture those
dollars and people so it is important to keep the downtown a viable economic engine.
Secondly, Mayor Perlman stated Sergeant Robert Bradley saved a woman from a
speeding locomotive and received the Medal of Valor Commendation. In addition, Mayor
Perlman stated Officer Fred Parker became the second officer in the history of the city to attain
the Master Police Officer status. Mayor Perlman stated he feels it would be nice for the city to
recognize them both.
Ms. McCarthy commented that Major Will McCollom completed a special
training program and suggested that his name be added too (if not done so already).
Mayor Perlman stated he has received some correspondence from the President of
the BPOA with regard to the timed bridge openings. Mayor Perlman stated the BPOA is pleased
with the Coast Guard experiment and have asked the city to write letters to the Coast Guard in
support of the timed bridge openings. Mayor Perlman suggested that this be discussed in further
detail at a later date.
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06/17/03
Mr. Levinson stated he is receiving correspondence from boat owners who are
taking an opposite stand to the bridge openings.
Mayor Perlman stated he received a request from a resident regarding the traffic
calming on Lowson Boulevard.
Mayor Perlman stated he returned a week ago from the U.S. Conference of
Mayors Conference and commented there was a lot of information that he feels would be
beneficial for everyone. Mayor Perlman stated there are currently two issues right now. Mayor
Perlman stated one issue is Homeland Security in relation to what it is doing to cities budgets.
Mayor Perlman continued to state there are cities that are closing down fire stations and laying-
off scores of employees including public safety personnel and taking from the reserves in order
to balance the budget. Mayor Perlman stated the other issue is Affordable Housing and he
commented that across the country this is a huge issue mostly for workforce housing. Mayor
Perlman stated he is very proud of Bexley Park and he feels it is going to be a fabulous
neighborhood.
Mayor Perlman stated a mediation date is set for July 29, 2003, and commended
the City Attorney's office particularly Jo Weaver for finding a common date for twenty people
some of which travel the world.
at 7:45 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 June 17, 2003,
which Minutes were formally approved and adopted by the City Commission on
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06/17/03
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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06/17/03
Mr. Levinson stated he is receiving correspondence from boat owners who are __
taking an opposite stand to the bridge openings.
Mayor Perlman stated he received a request from a resident regarding the traffic
calming on Lowson Boulevard.
Mayor Perlman stated he returned a week ago fi'om the U.S. Conference of
Mayors Conference and commented there was a lot of information that he feels would be
beneficial for everyone. Mayor Perlman stated there are currently two issues right now. Mayor
Perlman stated one issue is Homeland Security in relation to what it is doing to cities budgets.
Mayor Perlman continued to state there are cities that are closing down fire stations and laying-
off scores of employees including public safety personnel and taking from the reserves in order
to balance the budget. Mayor Perlman stated the other issue is Affordable Housing and he
commented that across the country this is a huge issue mostly for workforce housing. Mayor
Perlman stated he is very proud of Bexley Park and he feels it is going to be a fabulous
neighborhood.
Mayor Perlman stated a mediation date is set for July 29, 2003, and commended
the City Attorney's office particularly Jo Weaver for finding a common date for twenty people
some of which travel the world.
There being no further business, Mayor Perlman declared the meeting adjourned
at 7:45 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 June 17, 2003,
which Minutes were formally approved and adopted by the City Commission on
July 8, 2003
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0&IW03
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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06/17/03