07-08-03JULY 8~ 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, July 8, 2003.
1. Roll call showed.
Present -
Commissioner Patricia Archer
Commissioner Bob Costin
Commissioner Jon Levinson
Commissioner Alberta McCarthy (arrived at 6:05 p.m.)
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
Chevelle Nubin, Deputy City Clerk
Delray Beach.
The opening prayer was delivered by Reverend Nancy Norman, Unity Church of
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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 stated the City Attorney has requested Item 9.D., Final
Boundary Plat Approval/Owens Baker be removed from the Regular Agenda as a result of
receiving late information which staff needs to review.
For clarification purposes and per the request of Mr. Hasko, the City Attorney
stated Item 8.F. Water Relocation Agreement/Diamond is an agreement between the City of
Delray Beach and Corky Diamond for relocating water services only not water mains.
Mr. Levinson requested that Item 8.N. City of Delra¥ Beach/Delra¥ Beach
Housing Authority Funding Agreement of the Consent Agenda be moved to the Regular
Agenda as Item 9.A.1.
Mr. Levinson 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. Costin moved to approve the Minutes of the Regular Meeting of June 17,
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:
6oA.
Recognizing and Commendine Reverend John W.H. Thomas, Jr.
Mayor Perlman read and presented a proclamation hereby recognizing and
commending Reverend John W.H. Thomas, Jr. on his 44th year anniversary as a pastor and
further recognizes and congratulates him on his many achievements. Reverend John W.H.
Thomas, Jr. came forward to accept the proclamation.
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Recognizing and Commending Sergeant Robert E. Bradley
Mayor Perlman read and presented a proclamation hereby recognizing and
commending Sergeant Robert E. Bradley for his immediate action in an extremely dangerous
situation thus saving a life. Sergeant Robert E. Bradley came forward to accept the
proclamation.
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Recognizing and Commending Officer Fred Parker
Mayor Perlman read and presented a proclamation hereby recognizing and
commending Officer Frederick N. Parker and acknowledge and applaud the tremendous
contributions he has made to the Delray Beach Police Department, the community, and other
agencies through his effort and dedication. Officer Frederick N. Parker came forward to accept
the proclamation.
At this point, the City Manager stated last week the Delray Beach Police
Department received some recognition from the Florida Police Chief' s Association and asked the
Police Chief to share this honor with the Commission.
Larry Schroeder, Police Chief, stated last week he attended the Florida Police
Chief' s Conference in Orlando where the Delray Beach Police Department received the Rocky
Pomerance Excellence Award.
At this point for clarification, Mayor Perlman stated Item 9.D. Final Boundary
Plat Approval/Owens Baker has been removed from the Agenda and therefore will not be
discussed this evening.
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7. PRESENTATIONS:
7.A. RESOLUTION NO. 42-03: Recognizing and Commending Lieutenant Wayne
Yoder for twenty-one years of dedicated service to the City of Delray Beach, and
congratulations on his new position with the National Fire Academy.
The caption of Resolution No. 42-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, RECOGNIZING AND
COMMENDING LIEUTENANT WAYNE YODER FOR
TWENTY-ONE YEARS OF DEDICATED SERVICE TO THE
CITY OF DELRAY BEACH.
(The official copy of Resolution No. 42-03 is on file in the City Clerk's office.)
Mayor Perlman read the resolution and presented it along with a plaque to
Lieutenant Yoder.
Mr. Costin moved to approve Resolution No. 42-03, 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.
Kerry Koen, Fire Chief, praised Lieutenant Yoder's contributions to the Delray
Beach Fire Department and recognized the honor of his new duties with the National Fire
Academy and also thanked the Commission for this recognition.
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Recommendations of the Pedestrian Bicycle Task Team
Scott Aronson, Parking Management Specialist, stated the Pedestrian Bicycle
Task Team has been working very hard for the last seven months and introduced Stephanie
Gapinski, a member of the Pedestrian/Bicycle Task Team.
Stefanie Gapinski, gave a brief summary of the Delray Beach Pedestrian/Bicycle
Task Team Final Report. Ms. Gapinski stated their mandate included three main objectives: (1)
to review the current state of pedestrian and bicycle safety and facilities, (2) to identify gaps
within the current infrastructure, and (3) to provide recommendations for the implementation of a
pedestrian/bicycle infrastructure system consistent with the city's Master Plan. Ms. Gipinski
stated the following are key recommendations of the Pedestrian/Bicycle Task Team:
Form a permanent citizen's pedestrian bicycle and greenways committee to
continue the work that the task team started
Hire a Full-Time Pedestrian/Bicycle Coordinator (funding available through a
Federal Department of Transportation grant)
Implement "Share the Road Program"
Adopt the Comprehensive Pedestrian, Bicycle and Greenway Plans and that they
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be integrated into the Parks and Recreation Master Plan
Ms. Gapinski introduced the following members of the Pedestrian/Bicycle Task
· Richard Connell
· Bob Griek
· Leslie Horenburger
· Eileen Marks
· Albert Richwagen
· James Smith (Chair)
· Jean Matthews (ex-officio member)
· Barbara Scherz (ex-officio member)
In addition, Ms. Gapinski thanked city staff Scott Aronson Parking Management
Specialist, Karen Schell, Executive Assistant/Board Liaison, and Delray Beach resident Judy
Grillo.
It was the consensus of the Commission to direct staff to receive the report and
review for evaluation and recommendation.
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CONSENT AGENDA: City Manager Recommends Approval.
8.A. FINAL SUBDIVISION PLAT APPROVAL/SHOREWALKER PLACE:
Approve the subdivision plat for Shorewalker Place, located on the south side of George Bush
Boulevard, east of Andrews Avenue.
8.B. REQUEST FOR SIDEWALK DEFERRAL/209 PALM TRAIL: Approve a
request to defer the installation of a sidewalk in front of 209 Palm Trail. Staff recommends
approval.
8.C. RESOLUTION NO. 40-03: Approve Resolution No. 40-03 assessing costs for
the demolition of an unsafe structure located at 46 N.W. 12th Avenue.
The caption of Resolution No. 40-03 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. 40-03 is on file in the City Clerk's office.)
8.D. RESOLUTION NO. 41-03: Approve Resolution No. 41-03 assessing costs for
action necessary for the emergency board-up of an unsafe structure located at 24 N.W. 7th
Avenue.
The caption of Resolution No. 41-03 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;
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. 41-03 is on file in the City Clerk's office.)
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AUTHORIZATION TO PROCEED/COASTAL PLANNING &
ENGINEERING~ INC.: Authorize Coastal Planning & Engineering, Inc. to proceed with the
borrow easement modification and to pursue a submerged land lease to protect sand resources for
future Delray Beach Renourishment projects in an amount not to exceed $14,310.58. Funding is
available from 332-4164-572-31.30 (Beach Restoration Fund).
8.F. WATER RELOCATION AGREEMENT/DIAMOND: Approve an agreement
in the amount of $3,491.25 between the City of Delray Beach and Corky Diamond for the
relocation of water meters.
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FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT/OFFICE
COMPLEX: Authorize the City to act as the utility permit applicant for the existing water main
connection within the state right-of-way (located on the southwest corner of Northbound Federal
Highway and S.E. l0th Street) and approve a Hold Harmless Agreement with the developer
(Southern Development Services, Inc.).
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8.H. HOUSING REHABILITATION GRANT\CONTRACT AWARD: Approve
Housing Rehabilitation grant\contract award through Community Development Division in the
amount of $22,774.50 to Alpha South Construction (350 S.W. 8th Avenue). Funding is available
from 118-1924-554-49.19 (SHIP Housing Rehabilitation Grant).
8.1. AMENDMENT TO EDUCATION BOARD RULES: Approve an amendment
to the Rules of the City of Delray Beach Education Board, Article Ilk Section A, "Regular
Meetings" to provide consistency with Chapter 32, "Departments, Boards and Commissions",
Section 32.30, "Meetings", subsection (A) of the Code of Ordinances; and reduce the number of
required monthly meetings from two to one.
8.J. CONTRACT ADDITION/MAN-CON, INC.: Approve Contract Addition No.
1 to the Lift Station #6 Force Main System Improvements Project in the amount of $57,338.15 to
Man-Con, Inc. for an additional water main installation on N.W. 6th Avenue. Funding is
available from 442-5178-536-63.50 (Water Mains).
8.K. CHANGE ORDER NO. I/REED LANDSCAPING, INC.: Approve Change
Order No. 1 in the amount of a $25,244.36 decrease to Reed Landscaping, Inc. for the Lake Ida
Road Beautification Project.
8.n.
SERVICE AUTHORIZATION NO. 5/CAULFIELD & WHEELER, INC.:
Approve Service Authorization No. 5 to Caulfield & Wheeler, Inc. in the amount of $24,525.00
for the S.W. 1st Street/S.W. 3rd Street and S.W. 6th Avenue/S.W. 3rd Avenue topographic survey
for water main improvements. Funding is available from 442-5178-536-63.50 (Water/Sewer
Renewal & Replacement Fund/Water Mains).
8.M. REINO PARKING SYSTEMS, INC./MULTI-SPACE PARKING METERS:
Approve payment in the amount of $54,613.52 to Reino Parking Systems, Inc. for the purchase
of the existing Multi-Space Parking Meter System. Funding is available from 115-1802-512-
64.90 (Special Projects Fund/Other Machinery/Equipment).
8.N.
MOVED TO THE REGULAR AGENDA AS ITEM 9.A. 1.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
8.0.
Accept the actions and decisions made by the Land Development Boards for the period June 16,
2003 through July 3, 2003.
8.p.
AWARD OF BIDS AND CONTRACTS:
Contract award to FiberCat Networking in an amount not to exceed
$28,654.81 for repairs to the City's wireless systems. Funding is available
from 001-1811-513-64.11 and 334-6112-519-64.11 (Computer
Equipment).
Purchase award to Exeter Architectural Products in the amount of
$49,736.39 for forty-one (41) hurricane shutters for the second floor of
Police Department Headquarters. Funding is available from 334-6111-
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519-62.10 (General Construction Fund/Buildings).
Contract renewal with Red Wing Shoe Store for the purchase of safety
footwear for City Employees via the Palm Beach County Bid #01-078/CC
at an estimated annual cost of $21,961.00. Funding is available from
various departments' operating expense budgets.
Purchase award to Office Depot at an estimated annual cost of
$205,000.00 via the Florida Atlantic University RFP #03S-407 for offices
supplies. Funding is available from various departments' operating
budgets.
Purchase award to Water Treatment & Controls Company in the amount
of $15,885.00 for an 8,500 gallon Ferric Chloride Storage Tank for the
Water Treatment Plant. Funding is available from 441-5161-536-63.90
(Other Improvements).
Bid award to Knight Electric Company, Inc. in the amount of $26,750.00
for the replacement of marina pedestals. Funding is available from 426-
4311-575-63.90 (City Marina Fund/Other Improvements).
Bid award to Harry Maxime Landscaping at an estimated annual cost of
$19,046.00 for the landscape maintenance of George Bush Boulevard/N.E.
8th Street and West Atlantic Avenue. Funding is available from 119-4144-
572-46.40 (Beautification Trust Fund/Maintenance).
Mr. Levinson 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:
9.A.1.
CITY OF DELRAY BEACH/DELRAY BEACH HOUSING AUTHORITY
FUNDING AGREEMENT: Approve an agreement for funding and acceptance of funds
between the City of Delray Beach and Delray Beach Housing Authority for a period October 1,
2002 through September 30, 2003. The Delray Beach Housing Authority will implement and
administer the SEEDTECH Technology Center at Carver Estates.
Mr. Levinson suggested that there be some type of tracking in place to help obtain
good data and also allow the city to obtain other grants that might be available for job creation.
Mrs. Archer stated Mr. Levinson's suggestion is an excellent idea.
Ms. McCarthy stated if there is a situation where a particular person is hired by a
company and they get promoted to a higher level position, that the manager or supervisor be able
to submit a letter to the organization because this would count and not be reported as a new job
but should be accredited in the follow-up report. Dorothy Ellington, Delray Beach Housing
Authority, agreed with comments expressed by the Commission.
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07/08/03
Mr. Costin moved to approve the agreement for funding and acceptance of funds
between the City of Delray Beach and the Delray Beach Housing Authority for the period
October 1, 2002 through September 30, 2003, 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.
9.A. CONTRACT ADDITION NO. 1/DOUGLAS N. HIGGINS, INC.: Approve
Contract Addition No. 1 to the Seacrest Neighborhood Improvements Phase IV Project in the
approximate amount of $229,500.00 to Douglas N. Higgins, Inc. for ten (10) additional splitter
islands. Funding is available from 334-6111-519-63.89 (Neighborhood Enhancements).
Randal Krejacrek, City Engineer, stated this item is to request a modification to
the current Traffic Calming Plan in the Seacrest DeMda Plan and to request a commitment to
funding of these modifications to the Plan. In March 1998, the Commission adopted the Seacrest
DeMda Neighborhood Plan which shows the traffic calming element of the overall Plan. Mr.
Krejcarek stated after discussions with the neighborhood, they decided to go with the splitter
islands at each end of the block from N.E. 9th Street to N.E. 13th Street instead of the speed
humps. Mr. Krejcarek stated after recent discussions with the neighborhood representative came
to the conclusion to modify the 4th Phase. Mr. Krejcarek stated staff recommends the addition of
ten (10) of the splitter islands be installed and remove three (3) of the speed humps that were
proposed on N.E. 17th Street, N.E. 18th Street, and N.E. 19th Street between Seacrest and North
Swinton Avenue because splitter islands will be installed instead. Mr. Krejcarek stated three of
the streets do not go through to connect Swinton Avenue and Seacrest Boulevard but the
Association would like to have splitter islands installed for esthetic consistency. Therefore, Mr.
Krejcarek stated the total number of splitter islands that are being requested by the association is
thirteen (13).
The City Manager stated the current unencumbered balance in the Neighborhood
Enhancement Fund is $330,766.00. The initial budget for the Seacrest DeMda Project has been
exhausted. Therefore, the City Manager stated if the city wishes to do these splitter islands
another funding source would need to be used to pay for them.
Brief discussion by staff and the Commission followed.
Mr. Costin moved to approve the Contract Addition for the addition of 13 splitter
islands totaling approximately $299,500, funding to come from the Neighborhood Enhancement
Fund, the additional three (3) to cost approximately $70,000, 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.
9.B. SPECIAL EVENT REQUEST & RESOLUTION NO. 43-03/ROOTS
CULTURAL FESTIVAL: Consider a request for special event approval to allow the 26th
Annual Roots Cultural Festival to be held between August 8th and August 10, 2003, and approve
Resolution No. 43-03 in support of the event.
The caption of Resolution No. 43-03 is as follows:
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, SUPPORTING THE ROOTS
CULTURAL FESTIVAL, INC. IN THEIR SPONSORSHIP OF THE
TWENTY-SIXTH ANNUAL "ROOTS CULTURAL FESTIVAL" IN
THE CITY OF DELRAY BEACH, FLORIDA.
(The official copy of Resolution No. 43-03 is on file in the City Clerk's office.)
Robert A. Barcinski, Assistant City Manager, stated this is a request for approval
of Resolution No. 43-03 endorsing and supporting the 26th Annual Roots Cultural Festival. This
request also includes granting a temporary use permit for the use of city facilities, authorize staff
support for security, traffic control, barricading, signage, trash removal and clean up. Mr.
Barcinski stated this event will be held at the Old School Square Pavilion. Approval is also
requested for waiver of any rental fees and staff overtime and to allow banners and flags to be
put up more than one week before the event. The estimated overtime costs are approximately
$33,000 of which $27,000 is estimated for police overtime. Estimates include overtime costs for
the final weekend, basketball tournament, and youth parade.
Mayor Perlman informed the Roots Cultural Festival that the waiver of any rental
fees for Old School would be a decision of the Old School Square Board.
Mrs. Archer moved to approve Resolution No. 43-03, 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.
9.C. CONDITIONAL USE REQUEST/BEXLEY PARK: Consider a request for
conditional use approval to allow the construction of 72 multi-family units within the PC
(Planned Commercial) portion of the Bexley Park Development, a proposed traditional
neighborhood development, located at the northeast corner of the L-31 Canal and Military Trail.
(Quasi-Judicial Hearing)
Mayor Perlman read into the record the City of Delray Beach procedures for
Quasi-Judicial Hearings for this item and all subsequent quasi-judicial hearing items held this
evening.
The Deputy 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. Mr.
Levinson stated he received a telephone call from Michael Weiner. Mayor Perlman stated he
received a telephone call from Michael Weiner. Mrs. Archer stated that she talked to people as
disclosed on other occasions. Mr. Costin and Ms. McCarthy had no ex parte contacts to disclose.
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Paul Darling, Director of Planning and Zoning, entered the project file #2003-213
into the record.
The properties under consideration consist of Parcels 1 and la of the Model
Subdivision and total 6.79 acres. The property contains an abandoned single family residence
(lot la) and a vacant land (lot 1).
At its meeting of June 16, 2003, the Planning and Zoning Board discussed this
item and the Board unanimously recommended approval. Mr. Dorling stated there were several
internal adjustments and a waiver that were part of that proposal as outlined on page two of the
City Commission documentation. The triplexes required a reduction in front setback of all units
from 30 to 7 lA feet, a reduction in side street from 25 to 15 feet, and a reduction in the
separation between the triplex units from 25 to 15 feet subject to the condition that units be
flipped so that two side entrances not occur adjacent each other.
Mr. Darling stated staff recommends approval subject to the conditions as
outlined in the backup. Mr. Dorling noted a correction to condition #8 and stated the words 24
feet should read 24 inches.
Jason Mankoff~ Attorney with Weiner & Aronson P.A. representin~ the
applicant (D.R. Horton Homes)~ stated on November 5, 2002, the City Commission awarded
the RFP to their client. On June 16, 2003, the Planning and Zoning Board unanimously
recommended approval of this conditional use request and after this evening they still must go
before SPRAB. Mr. Mankoff stated they agree with the conditions in the staff report and the
added conditions as explained by the Planning and Zoning Director. Mr. Mankoff stated they
agree to these conditions and staff has indicated that Performance Standards of LDR Section
4.6(I) have been met. Additionally, Mr. Mankoff stated they meet LDR Section 2.4.5(E) the
required findings for a conditional use as well as the Comprehensive Plan.
Mr. Levinson moved to approve the Conditional Use request for Bexley Park
based upon positive findings with respect to LDR Section 4.4.6(I) (Performance Standards for
Density), Chapter 3 (Performance Standards), and Section 2.4.5(E)(5) (Conditional Use
Findings) of the Land Development Regulations, and consistency with the policies of the
Comprehensive Plan, and adopt all the findings in the City Commission Report and Planning and
Zoning Staff Report, 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.
At this point, the time being 7:05 p.m., the City Commission moved to the duly
advertised Public Hearings portion afthe Agenda.
10.
PUBLIC HEARINGS:
10.A. REQUEST FOR WAIVER/VINTAGE ROSE: Consider a waiver request
from the Vintage Rose, located at 102 N.E. 1st Avenue, to Land Development Regulations
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Section 4.6.7(G)(7) governing the type and number of signs allowed per lot for Historic Districts.
Prior to consideration of passage of this item a Public Hearing has been scheduled to be held at
this time (Quasi-Judicial Hearing)
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 Deputy 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.
The City Attorney stated the file is entered into the record.
Lula Butler, Director of Community Improvement, stated this is a request to
waive LDR Section 4.6.7(G)(7) of the LDR's regulating the type and number of signs permitted
in Historic Districts. The request is from The Vintage Rose located at 102 N.E. 1st Avenue.
At its meeting of June 4, 2003, the Historic Preservation Board reviewed the
request and approved the request and Certificate of Appropriateness for both the under canopy
sign and the two free standing signs and recommended the waiver to code.
Section 4.6.7(G)(7) stipulates that signs for businesses located in the historic
district are limited to not more than one of any type nor more than two per lot. Ms. Butler
explained in this particular case the Vintage Rose will have three signs (two free standing signs
and one under canopy sign). Staff recommends approval of the waiver request to Section
4.6.7(G)(7) based on the finding and recommendation of the Historic Preservation Board.
Tamelyn Sickle, owner, stated her primary reason for requesting the additional
sign is because of her accessibility which is blocked from Swinton Avenue due to the one-way
street from Atlantic Avenue due to Old School Square.
Mayor Perlman declared the public hearing open. There being no one else who
wished to address the Commission regarding the waiver request, the public hearing was closed.
Mrs. Archer moved to approve the waiver request based on findings contained in
all the reports and LDR Section 2.4.7(B) and Section 4.6.7(G)(7), 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.
Mr. Costin commended Ms. Sickle for the fantastic job she did refurbishing the
house and stated this is an asset to the community.
10.B.
REQUEST FOR WAIVER/BULL BAR: Consider a waiver request from the -11-
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Bull Bar, located at 2 East Atlantic Avenue, to Land Development Regulations Section
4.6.7(G)(7) governing the type and number of signs allowed per lot for Historic Districts. Prior
to consideration of passage of this item a Public Hearing has been scheduled to be held at this
time (Quasi-Judicial Hearing)
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 Deputy 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.
The City Attorney stated the file is entered into the record.
Lula Butler, Director of Community Improvement, stated this is a request to
waive LDR Section 4.6.7(G)(7) regulating the number of free standing signs located in the
historic district. The request is from the Bull Bar located at 2 East Atlantic Avenue.
At its meeting of June 4, 2003, the Historic Preservation Board reviewed the
request and approved the request and the Certificate of Appropriateness for two flat wall signs
with the associated waiver to the sign code.
Section 4.6.7(G)(7) stipulates that signs for businesses located in the historic
district are limited to not more than one of any type per lot. The Historic Board approved the
request for two flat wall signs with the associated waiver to the sign code. Staff recommends
approval of the waiver request to Section 4.6.7(G)(7) based on the finding and recommendation
of the Historic Preservation Board.
Garat Oates, Owner of the Bull Bar, stated the bar is going to be upscale.
Mayor Perlman declared the public hearing open. There being no one else who
wished to address the Commission regarding the waiver request, the public hearing was closed.
Prior to the vote, Ms. McCarthy asked if it is quite possible that many businesses
in the historic district located on a corner are going to request two signs. In response, Ms. Butler
stated this is not always the case and the Historic Preservation Board may not always agree.
Mr. Costin moved to approve the waiver request based on the findings contained
in the staff report in accordance with LDR Section 2.4.7(B) and Section 4.6.7(G)(7), 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.
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10.C. ORDINANCE NO. 17-03 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending the Land Development Regulations Section 4.6.9 (E)(3)(d) regarding
payment of in-lieu fees. Prior to consideration of passage of this ordinance, a First Reading/First
Public Hearing has been scheduled to be held at this time. If passed, a Second Reading/Second
Public Hearing will be scheduled for July 22, 2003.
The caption of Ordinance No. 17-03 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 ARTICLE 4.6,
"SUPPLEMENTAL DISTRICT REGULATIONS", SECTION
4.6.9, "OFF-STREET PARKING REGULATIONS",
SUBSECTION (E), "LOCATION OF PARKING SPACES",
PROVIDING THAT OWNERS OF PARCELS LOCATED IN
AREA 1 AND AREA 2 IN ADDITION TO AREA 3 AND AREA
4 MAY PAY IN-LIEU FEES IN INSTALLMENTS THROUGH
AN IN-LIEU OF PARKING FEE AGREEMENT AND THAT
ALL IN-LIEU FEES PAID IN FULL SHALL BE DUE UPON
THE ISSUANCE OF A BUILDING PERMIT; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 17-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one who
wished to address the Commission regarding Ordinance No. 17-03, the public hearing was
closed.
Mr. Levinson moved to approve Ordinance No. 17-03 on First Reading/First
Public Hearing, 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.
10.D. 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. Prior to consideration of passage of this ordinance, a
public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 18-03 is as follows:
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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. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one who
wished to address the Commission regarding Ordinance No. 18-03, the public hearing was
closed.
Mrs. Archer moved to adopt Ordinance No. 18-03 on Second and FINAL
Reading, 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.
At this point, the Commission moved to Item ll.B. Comments and Inquiries on
Non-Agenda Items from the Public.
11.B. From the Public.
ll.B.1. Mary Lou Ciambriello~ 721 Lindell Boulevard~ Delra¥ Beach~ expressed
concern over the speeding on Lindell Boulevard and submitted additional names to add to the
petition. Ms. Ciambriello stated she has been petitioning the city for 3 lA years about the
speeding on Lindell Boulevard.
Randal Krejcarek, City Engineer, stated there was a traffic calming plan for
Lindell Boulevard that was brought forward to DSMG to get an idea of what elements could be
placed along there (from Yeager Drive to Dixie Boulevard). Mr. Krejcarek stated there is some
funding available in the works for fiscal year 2003/2004. Mayor Perlman gave direction to staff
to write a letter to the residents explaining this.
ll.B.2. A resident who lives on Lowson Boulevard~ Delra¥ Beach~ stated the 3300
block of Lowson Boulevard is not getting any traffic calming. He stated the situation with the
traffic claming could have been handled differently and both Sherwood Boulevard and Lowson
Boulevard could have been accommodated with an alteration of the plan. In addition, he stated
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that after the project is complete maybe they might be able to get another study done in a
reasonable amount of time.
11.B.3. Alice Finst, 707 Place Tavant, Delray Beach, complimented the staff in the City
Clerk's office for doing a wonderful job. Mrs. Finst thanked Celeste McDonough,
Administrative Assistant, for a job well done on the July 2003 calendar and Norma Smith, Code
Enforcement Coordinator, for her help with the neighborhood.
Mrs. Finst inquired about when the information regarding the budget hearings will
be posted.
At this point, the Commission moved to Item ll.A. Comments and Inquiries on
Non-Agenda Items from the City Manager.
ll.A.
City Manager's response to prior public comments and inquiries.
With regard to a prior concern expressed by Mrs. Finst about the traffic signal at
the intersection of Lake Ida Road and Barwick Road, the City Manager stated the County is in
the process of rebuilding that signal and it should be completed by the end of July 2003. The
City Manager stated the signal will include a pedestrian light in phases.
At this point, the Commission moved back to Item 9.D. of the Regular Agenda.
9.D. FINAL BOUNDARY PLAT APPROVAL/OWENS BAKER: Consider
approval of the boundary plat for Owens Baker, located at the northwest corner of West Atlantic
Avenue and the Lake Worth Drainage District (LWDD) E-4 Canal. (Quasi-Judicial Hearing)
This item has been removed from the Regular Agenda as a result of receiving late
information which staff needs to review.
9.E. REJECTION OF BIDS/SEAWALL PROJECT: Consider rejection of all bids
received for the 2001-039 N.E. 4th Street and S.E. 3rd Street Seawall Project due to errors in the
bids and authorize staff to re-bid contract later in the year.
Richard Hasko, Director of Environmental Services, stated staff recommends that
the bids be rejected for the Seawall Project which includes reconstruction of seawalls at the dead
ends of S.E. 3rd Street and N.E. 4th Street. Mr. Hasko stated the apparent low bidder had
numerous errors in their bid most of which related to missed decimal points which significantly
impacted their bid. Mr. Hasko stated the second bidder was considered non-responsive because
of errors in their bid. Mr. Hasko stated the first two bids were considered non-responsive (B.K.
Marine Construction Inc. and Custom Built Marine Construction) and the other two bids were
extremely high (Murphy Construction Co. and Shoreline Foundation, Inc.). Therefore, Mr.
Hasko stated staff's recommendation is to reject all bids and re-advertise at a later date.
Mr. Costin moved to approve rejection of all bids for the Seawall Project,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson -
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Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said
motion passed with a 5 to 0 vote.
9.F. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2003-02:
Formally initiate Comprehensive Plan Amendment 2003-02 pursuant to Section 9.2.1 of the
Land Development Regulations.
Paul Dorling, Director of Planning and Zoning, stated this is Comprehensive Plan
Amendment 2003-02 and is the second amendment period allowed per Florida Statute. Mr.
Dorling stated this amendment includes two city initiated Future Land Use Map amendments,
one privately initiated Future Land Use Map amendment, and several minor text changes.
At its meeting of June 16, 2003, the Planning and Zoning Board considered the
initiation and the Board unanimously recommended approval on a 5-0 vote (Mark Krall absent
and Jess Sowards abstaining). Staff also recommends approval of the initiation of
Comprehensive Plan Amendment 2003-02.
Ms. McCarthy moved to approve the initiation of Comprehensive Plan
Amendment 2003-02, containing the material stated in the Planning and Zoning Staff Report,
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.
9.G. INITIATION OF FUTURE LAND USE MAP AMENDMENT: Formally
initiate Future Land Use Map (FLUM) Amendment from LD (Low Density Residential 0-5
du/ac) to CF-C (Community Facilities - Churches) and rezoning from R-1AA (Single Family
Residential) to CF (Community Facilities) for Trinity Lutheran Church, located at the northwest
corner of North Swinton Avenue and Lake Ida Road.
Paul Dorling, Director of Planning and Zoning, stated this is an initiation of a
corrective small-scale Future Land Use Map Amendment from LD (Low Density Residential 0-5
du/ac) to CF (Community Facilities - Churches) and rezoning from R-l-AA (Single Family
Residential) for a 0.81 acre portion of the Trinity Lutheran Church property. The property in
question has been owned by the church for many years prior to the citywide rezonings and
adoption of the LDR's in October 1990, at which time, the majority of the church's properties
were rezoned from R-1-AA to CF.
Mr. Costin moved to approve the initiation of a corrective small-scale Future
Land Use Map (FLUM) Amendment from LD to CF for a 0.81 acre portion of the Trinity
Lutheran Church property, 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.H. APPOINTMENT OF COMMUNITY REDEVELOPMENT AGENCY
(CRA) CHAIRMAN/VICE-CHAIRMAN: Appoint a Chairman/Vice-Chairman to the
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Community Redevelopment Agency Board.
Mayor Perlman declared a conflict of interest with this item and passed the gavel
to Vice Mayor Levinson.
Mrs. Archer moved to appoint W. Howard Ellingsworth as Chairman to the
Community Redevelopment Agency Board, seconded by Mr. Costin. Upon roll call the
Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes. Said motion passed with a 4 to 0 vote.
Mr. Costin moved to appoint Brenda B. Montague as Vice Chair, seconded by
Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mr. Costin - 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.
9.1. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one
(1) regular member to the Code Enforcement Board for an unexpired term ending January 14,
2004. Based upon the rotation system, the appointment will be made by Commissioner Archer
(Seat #2).
Mrs. Archer stated she would like to postpone her appointment to the next regular
meeting of July 22, 2003.
9.J. DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF
CITIES ANNUAL CONFERENCE: Designate voting delegate to the Florida League of
Cities' 77th Annual Conference to be held at the Wyndham Palace Resort and Spa on August 14-
16, 2003.
Mr. Costin moved to designate Commissioner Patricia Archer as voting delegate
to the Florida League of Cities 77th Annual Conference, 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.
At this point, the Commission moved to Item 12, First Readings.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 19-03: An ordinance amending Ordinance No. 14-02
eliminating the requirement to include the amount of civil penalties owed on the notices affixed
to the vehicle. If passed, a public hearing will be scheduled for July 22, 2003.
The caption of Ordinance No. 19-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE
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NO. 14-02 THAT PROVIDED FOR THE IMMOBILIZATION
OF VEHICLES BY THE CITY FOR THE COLLECTION OF
OUTSTANDING PARKING FINES; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 19-03 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 this request is to amend that
part of the ordinance which requires indication of the outstanding fees.
Mr. Levinson moved to approve Ordinance No. 19-03 on FIRST Reading,
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.
12.B. ORDINANCE NO. 21-03: An ordinance amending Chapter 99, "Noise Control"
of the City Code of Ordinances to clarify distance requirements for noise emanating from
vehicles and buildings; and to provide that the outdoor playing of musical or similar instruments
is prohibited in residential zoning districts. If passed, a public hearing will be scheduled for July
22, 2003.
The caption of Ordinance No. 21-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 99, "NOISE CONTROL", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
SECTION 99.04, "LOUD AND UNNECESSARY NOISES
ENUMERATED; EXEMPTIONS", BY AMENDING
SUBSECTION 99.04(A)(1), "NOISE FOR ENTERTAINMENT
PURPOSES", TO CLARIFY CERTAIN DISTANCE
REQUIREMENTS FOR NOISE EMANATING FROM
VEHICLES AND BUILDINGS; BY AMENDING
SUBSECTION 99.04(A)(19), "OUTDOOR PLAYING OF
MUSICAL INSTRUMENTS, PHONOGRAPHS AND SIMILAR
DEVICES", TO PROVIDE THAT THE OUTDOOR PLAYING
OF MUSICAL OR SIMILAR INSTRUMENTS IS PROHIBITED
IN RESIDENTAL ZONING DISTRICTS; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 21-03 is on file in the City Clerk's office.)
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The City Attorney read the caption of the ordinance.
Mrs. Archer commented about how this affects the residential area and asked if
any concession has been made for approved blocked parties and/or clubhouse parties that may be
approved by a homeowners' association. In response, the City Manager stated Section (1) and
Section (19) of the ordinance are not consistent with each other and suggested that further study
be done with regard to this. The City Manager stated this ordinance is an attempt to clarify
things although it relaxes things somewhat for the downtown area. The City Manager suggested
that one possibility would be to take Section (19) out of the ordinance completely or place a time
limit on it (i.e. between the hours of 8:00 a.m. and 10:00 p.m.).
It was the consensus of the Commission to place a time limit on the outdoor
playing of musical instruments, phonographs, and similar devices.
Mr. Costin moved to table Ordinance No. 21-03 with direction to staff to reword
the ordinance with time limit, 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.
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 stated they received a ruling in the Rosa Hotel case and
informed the Commission there will be some changes to the Code in the future.
With regard to the tree house issue, the City Attorney stated at this point the city
is still going forward with litigation unless the Commission gives staff direction to further
negotiate. It was the consensus of the Commission to stand by their decision as discussed at the
closed attorney/client session on June 17, 2003.
13.C.
13.C.1.
City Commission.
Commissioner Archer
Mrs. Archer commented about the new smoking regulation that allows
freestanding bars and expressed concern that the city will be receiving several requests for them
in the downtown area. Mrs. Archer suggested that the city review its ordinances for the
downtown area with regard to these establishments so that Delray Beach does not end up like
Clematis Street.
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07/08/03
Mayor Perlman stated he agrees with comments expressed by Mrs. Archer about
reviewing the language. Furthermore, Mayor Perlman stated the reason Delray Beach has a
successful downtown is because of the family-oriented atmosphere versus a nightclub
atmosphere.
13.C.2.
Commissioner Costin
Mr. Costin asked about the status on Wallace Drive. In response, the City
Manager stated staff was waiting for the applicant to get back in the country and get with his
engineer/developer to make a decision. Mr. Costin stated he would like to know the status of
this and whether or not this is moving forward. The City Manager stated he will research and let
the Commission know.
Mrs. Archer stated as she reviewed the Delray Beach Pedestrian/Bicycle Task
Team Final Report she noticed there was no mention of any enforcement for cyclists weaving in
and out of traffic. Mr. Levinson stated if there is going to be a focus on the safety of pedestrians
and bikers that we not just worry about the cars.
Mr. Costin echoed comments expressed by Mrs. Archer regarding the
enforcement of the cyclists' safety and regulations.
13.C.3.
Commissioner McCarthy
Ms. McCarthy stated the city employees, the city itself, and the business people
appeared to have a delightful time over the July 4th holiday. Ms. McCarthy stated the volunteers
were super and she commended Marjorie Ferrer, Downtown Coordinator, for a job well done.
13.C.4.
Commissioner Levinson
Mr. Levinson concurred with comments expressed by Ms. McCarthy about the
July 4th holiday and stated we live in a great city.
Secondly, Mr. Levinson commented about the Delray Beach Pedestrian/Bicycle
Task Team Final Report and stated there did not seem to be a lot of qualitative analysis in the
report. Mr. Levinson suggested that they take the report and move to a qualitative analysis
instead of just quantitative. Mr. Levinson stated many of the roadways on which accidents
occurred and these were not streets under which the city has control. Mr. Levinson stated
coming out of his neighborhood a few weeks he almost hit three adult males who came down
Spanish Trail and did not stop at the stop sign and literally came out in front of him on Dogwood
Drive as he was heading west. Therefore, Mr. Levinson suggested that the Police Department
enforces the law not just on the automobile driver's but on the pedestrians and the bike patrons
as well.
With regard to the budget hearings, Mr. Levinson stated all citizens should be
alerted at the same time in the same manner.
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07/08/03
Mr. Levinson stated the Haitian American Council has been very helpful to our
community and has great potential for great benefit to assist many of the residents in a variety of
ways. Mr. Levinson made reference to a newspaper article/photo and expressed concern that the
President of the Haitian American Council Board (who also runs the President's Council) chose
to communicate to the community by placing her hand over a man's mouth preventing him from
speaking. Mr. Levinson stated he asked Lula Butler, Director of Community Improvement, to
see if there were things that we could be doing in the interim in the absence of programming that
was going on by the Haitian American Council so that we do not lose some of these services.
Mr. Levinson stated there are a variety of things the Haitian American Council does that are very
important to us as a city.
Mr. Levinson commented about parking in neighborhoods particularly those
homes where there are excess numbers of cars and stated the city is trying to control the number
of occupants of a single-family residence. Mr. Levinson stated in Gainesville they have a system
called the "University Area Control Parking Area" (basically around the University of Florida)
where you cannot park on the streets without a permit. Mr. Levinson stated this allows a resident
or an owner to buy a permit so that they can use it to park and also looks at a different way in
focusing on the problem. Mr. Levinson stated this is an attempt to get some of these vehicles
which are parked on the grass and swale to potentially park somewhere else.
13.C.5.
Mayor Perlman
Mayor Perlman thanked Chevelle Nubin, Deputy City Clerk, for the great job she
did this evening and congratulated her for the recent promotion to Deputy City Clerk.
Secondly, Mayor Perlman stated the 4th of July went very well and commented
that staff did a terrific job with regard to the cleanup.
Mayor Perlman stated he had a meeting yesterday of the Downtown Master Plan
and had an update on the design guidelines which will be brought to the Commission for final
adoption in early January and noted a meeting has been scheduled for a date certain of August
18, 2003.
Mayor Perlman stated the city recently won an award for the Downtown Master
Plan from the International Downtown Association which will be given out this fall in
Cleveland, Ohio and he commented that the city continues to get national recognition for smart
growth principles.
Mayor Perlman stated with regard to the Gateway feature there was a decision
made to do a design competition with the existing area as left by the highway department.
Mayor Perlman stated he met with David Kovacs (former Planning and Zoning
Director) who was effusive in his praise with regard to the progress and redevelopment of Delray
Beach.
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07/08/03
The A1A Working Group to discuss the DOT proposal is having its first meeting
this Friday at 2:30 p.m. at the Chamber of Commerce. Mr. Levinson stated this meeting is not
open to the public and noted only one Commissioner will be in attendance.
With regard to the Owens Baker Plat item, Mayor Perlman stated staff received a
letter today which arrived very late and because city staff is diligent about doing a good job and
making sure things are done properly the decision was made to pull this item from the agenda.
Mayor Perlman stated staff needs a chance to review this letter. He explained the City did not
initiate the situation.
Mayor Perlman announced that he has a planned vacation and Commissioner
Costin has a planned wedding in August and therefore neither of them will be at the meeting on
August 5, 2003.
Brief discussion followed between staff and the Commission. Mayor Perlman
asked staff to review the possibility of changing the regularly scheduled meetings in August to
different dates.
at 8:05 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 July 8, 2003,
which Minutes were formally approved and adopted by the City Commission on
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07/08/03
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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07/08/03
The A1A Working Group to discuss the DOT proposal is having its first meeting
this Friday at 2:30 p.m. at the Chamber of Commerce. Mr. Levinson stated this meeting is not
open to the public and noted only one Commissioner will be in attendance.
With regard to the Owens Baker Plat item, Mayor Perlman stated staff received a
letter today which arrived very late and because city staff is diligent about doing a good job and
making sure things are done properly the decision was made to pull this item from the agenda.
Mayor Perlman stated staff needs a chance to review this letter. He explained the City did not
initiate the situation.
Mayor Perlman announced that he has a planned vacation and Commissioner
Costin has a planned wedding in August and therefore neither of them will be at the meeting on
August 5, 2003.
Brief discussion followed between staff and the Commission. Mayor Perlman
asked staff to review the possibility of changing the regularly scheduled meetings in August to
different dates.
There being no further business, Mayor Perlman declared the meeting adjourned
at 8:05 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 July 8, 2003,
which Minutes were formally approved and adopted by the City Commission on
July 22~ 2003 .
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0~08~3
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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07/08/03