07-22-03JULY 22, 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 22, 2003.
1. Roll call showed:
Present -
Commissioner Patricia Archer
Commissioner Bob Costin
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Absent -
None
Also present were -
David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Barbara Garito, City Clerk
2. The
Tabernacle Church.
opening prayer was delivered by Pastor Jean Lyonel, Light of Hope
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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:
Ms. McCarthy moved to approve the Agenda, 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.
APPROVAL OF MINUTES:
Mayor Perlman noted a correction to the Minutes of July 8, 2003 on page 21 and
stated the word "loose" should read "lose". The City Clerk so noted.
Mr. Costin moved to approve the Minutes of the Regular Meeting of July 8, 2003,
as amended, 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 July 15,
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.
PROCLAMATIONS:
None.
PRESENTATIONS:
7.A. RESOLUTION NO. 45-03: Recognizing and Commending Fire Fighter
Tommie Osborn of Delray Beach Fire-Rescue Staff for participation in the World Police and
Fire Fighter Games in Barcelona, Spain.
The caption of Resolution No. 45-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, RECOGNIZING AND
COMMENDING FIRE FIGHTER TOMMIE OSBORN FOR
HIS UPCOMING PARTICIPATION IN THE "WORLD POLICE
AND FIRE FIGHTER GAMES" IN BARCELONA, SPAIN.
(The official copy of Resolution No. 45-03 is on file in the City Clerk's office.)
Mayor Perlman read and presented Resolution No. 45-03 to Tommie Osborn,
Firefighter of the Delray Beach Fire-Rescue staff for participation in the World Police and
Firefighter Games in Barcelona, Spain. Tommie Osborn came forward to accept the resolution.
Mr. Levinson moved to approve Resolution No. 45-03, 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.
7.B. RESOLUTION NO. 46-03: Recognizing and Commending Delray Beach Fire-
Rescue Staff for regional qualification to participate in the World Combat Challenge in Ottawa,
Canada, November 6-9, 2003.
The caption of Resolution No. 46-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, RECOGNIZING AND
COMMENDING THE DELRAY BEACH FIRE RESCUE
COMBAT CHALLENGE TEAM FOR THEIR REGIONAL
QUALIFICATION AND FUTURE PARTICIPATION IN THE
"WORLD COMBAT CHALLENGE" IN OTTAWA, CANADA.
(The official copy of Resolution No. 46-03 is on file in the City Clerk's office.)
Mayor Perlman read and presented Resolution No. 46-03 to the Delray Beach
Fire-Rescue staff for regional qualification to participate in the World Combat Challenge in
Ottawa, Canada, November 6-9, 2003. On behalf of the Delray Beach Fire-Rescue staff,
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07/22/03
Lieutenant Michael Wise came forward to accept the resolution.
Mr. Costin moved to approve Resolution No. 46-03, 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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CONSENT AGENDA: City Manager Recommends Approval.
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ACCEPTANCE OF A RIGHT-OF-WAY DEED/LINTON TRUSS
CORPORATION: Approve and accept a 5 foot right-of-way deed for S.W. 4th Avenue
associated with the Linton Truss Corporation, located on the east side of S.W. 4th Avenue,
approximately 860' north of Linton Boulevard (1455 S.W. 4th Avenue).
8.B. RESOLUTION NO. 47-03: Approve Resolution No. 47-03
JettinghoffProperty from restrictive covenants imposed by Palm Beach County.
The caption of Resolution No. 47-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, RELEASING CERTAIN
RESTRICTIONS AND LIMITATIONS CONTAINED IN THAT
DECLARATION OF RESTRICTIONS RECORDED IN THE
PUBLIC RECORDS ON THE PROPERTY KNOWN AS THE
JETTINGHOFF PROPERTY AND AS LEGALLY DESCRIBED
HEREIN; PROVIDING AN EFFECTIVE DATE.
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Property from
releasing the
(The official copy of Resolution No. 47-03 is on file in the City Clerk's office.)
RESOLUTION NO. 48-03: Approve Resolution No. 48-03 releasing the Triad
restrictive covenants imposed by Palm Beach County.
The caption of Resolution No. 48-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, RELEASING CERTAIN
RESTRICTIONS AND LIMITATIONS CONTAINED IN THAT
AFFIDAVIT OF POTENTIALLY BUILDABLE LOT
RECORDED IN THE PUBLIC RECORDS ON THE PROPERTY
KNOWN AS THE TRIAD PROPERTY AND AS LEGALLY
DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE.
(The official copy of Resolution No. 48-03 is on file in the City Clerk's office.)
8.D. RESOLUTION NO. 49-03: Approve the Master Lease Purchase Agreement
between the City and Banc of America Leasing and Capital, L.L.C. for the financing of
telephone equipment for the City.
The caption of Resolution No. 49-03 is as follows:
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07/22/03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH FLORIDA, AUTHORIZING THE
EXECUTION AND DELIVERY OF A MASTER
LEASE/PURCHASE AGREEMENT WITH BANC OF
AMERICA LEASING & CAPITAL, LLC; AUTHORIZING A
LEASE OF TELEPHONE EQUIPMENT THEREUNDER;
AUTHORIZING THE EXECUTION OF SUCH OTHER
DOCUMENTS AS MAY BE NECESSARY TO COMPLETE
THE TRANSACTIONS CONTEMPLATED HEREBY; AND
PROVIDING AN EFFECTIVE DATE.
(The official copy of Resolution No. 49-03 is on file in the City Clerk's office.)
8.E. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a fund
subsidy for one (1) eligible applicant/family in the amount of $16,000.00 for 122 N.W. l0th
Avenue. This brings the number to 152 homeowners assisted under the Renaissance Program.
Funding is available from 118-1924-554-83.01 (SHIP Program).
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SUBORDINATION AGREEMENT FOR COMMUNITY DEVELOPMENT
FUNDING RECIPIENT: Authorize and approve subordination of the City's second mortgage
in the amount of $19,026.00 to allow the applicant to secure new financing.
8.G. SERVICE AUTHORIZATION NO. 8/DIGBY BRIDGES~ MARSH &
ASSOCIATES, P.A.: Approve Service Authorization No. 8 to Digby Bridges, Marsh &
Associates, P.A. in the amount of $23,000.00 for the development of a master plan for the
Catherine Strong Center. Funding is available from 334-4183-572-63.90 (Catherine Strong
Center/Other Improvements).
8.H. SPECIAL EVENT REQUEST/COLUMBUS DAY: Approve a special event
request to allow the 4th Annual Columbus Day Italian Fiesta sponsored by the Order Sons of
Italy in America Lodge #2719, to be held on October 11-12, 2003 from 12:00 noon until 10:00
p.m., including a temporary use permit per LDR Section 2.3.6(H) for the use of Veterans park,
staff assistance for traffic control/security, trash removal/clean up, EMS assistance, waiver of 2-
hour parking limit, event signage to be installed no earlier than October 2, 2003; contingent on
the sponsor providing a hold harmless agreement and certificate of insurance.
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REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period July 7,
2003 through July 18, 2003.
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AWARD OF BIDS AND CONTRACTS:
Bid award to multiple vendors for the purchase of road construction
materials for the City, via Co-op Bid #2003-31 at an estimated annual cost
of $108,978.00. Funding is available from various departments (streets
division/construction division) operating budget and capital project
accounts.
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07/22/03
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Purchase award to Fischer Scientific Company in the amount of
$36,236.95 for the purchase of an integrated Personal Alert Safety System
(PASS) for the Scott Aviation Self-Contained Breathing Apparatus
(SCBA) used by the Fire Department. Funding is available from 334-
6112-519-64.90 (General Construction Fund/Other
Machinery/Equipment).
Mrs. Archer moved to approve the Consent Agenda, seconded by Mr. Costin.
Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0
vote.
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REGULAR AGENDA:
9.A. WAIVER REQUEST TO REDUCE PAVEMENT WIDTH/BEXLEY
PARK: Consider a request to waive LDR Section 6.1.2 (C)(3)(a) to reduce the pavement width
from 24 feet to 20 feet, with a 2 feet valley gutter on each side for the residential streets located
within the Bexley Park Development, located north of the L-31 Canal, between Barwick Road
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 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 the Planning and Zoning
Department project file #2003-214 into the record.
Paul Dorling, Director of Planning and Zoning, stated on June 16, 2003, the
Planning and Zoning Board approved a Master Plan for Bexley Park. In conjunction with the
Master Plan approval, the Board recommended to the City Commission approval of a reduction
in the pavement width of the streets from 24' to 20', with a 2' valley gutter on each side, based
upon positive findings with respect to LDR Section 2.4.7(B)(5).
The City Engineer has reviewed the request to reduce the pavement width from
24' to 20' and is in support of the reduction. The reduced pavement width will provide for 20' of
drive aisle, which is bordered by a 2' valley gutter on each side. While our city standard does
not provide for the reduced pavement width when using a valley curb, this is an acceptable
standard for many other municipalities and Palm Beach County, and is often recommended as a
traffic calming measure.
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07/22/03
Staff recommends a reduction in pavement width of the streets from 24' to 20'
with a 2' valley gutter on each side for Bexley Park, based upon positive findings with respect to
LDR Section 2.4.7(B)(5).
Michael Weiner, Attorney representing the applicant, stated they have met the
burden of proof.
Mayor Perlman declared the public hearing open. There being no one from the
public who wished to address the Commission regarding the waiver request, the public hearing
was closed.
Mr. Costin moved to approve the waiver request based upon positive findings
with respect to LDR Section 2.4.7(B)(5) as contained in the Planning and Zoning Staff Report
finding consistency with the Comprehensive Plan, seconded by Mr. Levinson. Upon roll call the
Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes;
Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote.
9.B. REQUEST FOR IN-LIEU PARKING SPACES/PIZZA RUSTICA: Consider
a request by Pizza Rustica for the purchase of two (2) in-lieu parking spaces in the amount of
$28,000.00. Pizza Rustica is located at 1155 East Atlantic Avenue. (Quasi-JudicialHearing)
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 the Planning and Zoning
Department project file #2003-258 into the record.
At its meeting of June 24, 2003, the Parking Management Advisory Board
unanimously recommended approval of the applicant's request.
Francisco Perez-Azua, applicant, stated Pizza Rustica will be a restaurant/pizza
parlor where pizza will be sold by the slice. Mr. Perez-Azua stated the owner is hoping to
capitalize with the pedestrian traffic from the hotels along east Atlantic Avenue and people who
frequently use the beach.
Mayor Perlman declared the public hearing open. There being no one who
wished to address the Commission regarding the request for in-lieu parking spaces, the public
hearing was closed.
Mrs. Archer moved to approve the request from Pizza Rustica for the purchase of
two (2) in-lieu parking spaces in the amount of $28,000, seconded by Ms. McCarthy. Upon roll
call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
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07/22/03
9.C. CONSENT TO ASSIGNMENT/PILGRIM BELLE CRUISES, L.L.C.:
Consider approval of the Consent to Assignment with Pilgrim Belle Cruises, L.L.C. which will
acquire the Ramblin' Rose Riverboat, Inc. license agreement for Veterans Park.
The City Attorney stated this is the Consent to Assignment with Pilgrim Belle
Cruises, L.L.C. In addition to the Consent to Assignment, the City Attorney stated they would
like to discuss additional cruises for educational purposes. The City Attorney stated the
assignment provides that all terms and conditions of the contract and amendment shall be
binding on Pilgrim Belle Cruises L.L.C. Also, the automatic reassignment to Ramblin' Rose
Riverboat, Inc. or Dane Mark as contained in the previous Consent to Assignment will be
nullified, if the Commission enters into the current assignment agreement.
Mr. Levinson asked if the size of the vessel meets the requirements as identified
in the lease. In response, Mr. Reardon stated the size of the vessel meets the requirements.
Joe Reardon, President of Pilgrim Belle Cruises, stated he has been in the cruise
business for twenty-four years. Mr. Reardon stated aside from offering the riverboat cruises he
would also like to provide "ECO Tours" or "Floating Classrooms". Mr. Reardon explained that
this is basically set up in stations geared towards younger age groups to get them to have their
first experience with the marine environment. Mr. Reardon stated this would not have any
further impact on the park or the waterway.
Mayor Perlman commented on the video and stated the boat looks great. Mayor
Perlman asked staff about the requirement of an additional vessel and asked if this will create
any potential issues. The City Manager stated this should not create any issues.
Mrs. Archer asked what months the boat will operate here. In response, Mr.
Reardon stated this year they are planning to have the boat here on November 1, 2003 through
May 2004. Mr. Reardon stated his goal is to have a boat here year round within two years
(2005). Mr. Reardon stated their goal is to leave the boat here and after its second season the
new boat will go to Plymouth, Massachusetts.
Mr. Costin expressed concern over there being any liability for the city. The City
Attorney stated the city is not running the company and this would be Mr. Reardon's liability.
Furthermore, the City Attorney stated there are indemnification clauses in the contract.
Ms. McCarthy stated the company has a good reputation in Massachusetts.
Mrs. Archer stated this sounds like a good idea and she supports.
Prior to the vote, Mr. Costin asked who will be operating the vessel. In response,
Mr. Reardon stated he will be operating the vessel and the crew will consist of four people per
vessel.
Mrs. Archer moved to approve the Consent to Assignment with Pilgrim Belle
Cruises, L.L.C. which will acquire the Ramblin' Rose Riverboat license agreement for Veterans
Park subject to the nullification of the "Consent to Assign" in the previous agreement, seconded
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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.
Prior to the vote, it was the consensus of the Commission that they would like Mr.
Reardon to consider the educational tours and provide the Commission with information at a
later date.
9.D. RESOLUTION NO. 32-03: Consider approval of the abandonment of a portion
of Wallace Drive right-of-way (formerly Germantown Road), located on the west side of S.W.
l0th Avenue, between S.W. l0th Street and Wallace Drive.
The caption of Resolution No. 32-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF WALLACE DRIVE RIGHT-
OF-WAY (PREVIOUSLY GERMANTOWN ROAD) LOCATED
ON THE WEST SIDE OF S.W. 10TM AVENUE, BETWEEN S.W.
10TM STREET AND WALLACE DRIVE, AS MORE
PARTICULARLY 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. 32-03 is on file in the City Clerk's office.)
Paul Doffing, Director of Planning and Zoning, stated this right-of-way for
Wallace Drive corresponds with the previous alignment and was dedicated with a subdivision
plat in 1950 which consists of approximately 20,557 square feet. The request was originally
considered by the Planning and Zoning Board at their meeting of July 19, 1999. The
recommendation for approval occurred 4 years ago when minimal development activity was
occurring in that area and the Wallace Drive Redevelopment Plan was not completed. The
Wallace Drive Redevelopment Plan has been reviewed by the Planning and Zoning Board and
will be forwarded to the Commission. Mr. Dorling stated this Plan along with Future Land Use
Element Policy C-2.3 states that unimproved and under improved rights-of-way shall be
abandoned when it facilities aggregation of parcels and larger scale development provided that
the right-of-way is not essential for traffic flow. Rather than abandoning the right-of-way and
the City of Delray Beach retaining property that will not be of adequate size to utilize for a
public purpose, the property should be aggregated in its entirety or the entire right-of-way
retained which would increase the development potential of the property for a public purpose.
Dan Carter~ Landscape Architect~ 74 N.E. 5th Avenue~ Delra¥ Beach
(representing Roof & Rack)~ stated that approximately three years ago this development
process began. Mr. Carter stated since they have gone through all the approval processes, the
Wallace Redevelopment Plan has occurred. The only thing they are lacking in order to proceed
with the development is three conditions of approval set by SPRAB (cross-access agreement
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with the retail store, the abandonment process, and a recorded plat approval). Mr. Carter stated
with the plat approval, staff requested that they unify three parcels. Mr. Carter stated staff and
all Review Boards did recommend the right-of-way abandonment.
Mayor Perlman stated he spoke to staff today and they may be willing to accept
$10,000 as an offer and commented that this is an unusual situation in that the applicant owns
land on the west side of the right-of-way while the City owns land on the east side. Mr. Carter
stated the $10,000 offer is acceptable.
Ms. McCarthy stated it is her understanding this project does not conflict with the
Wallace Plan. Mr. Carter stated Ms. McCarthy is correct and reiterated that this plan does not
conflict with the Wallace Plan.
Prior to the vote, Mrs. Archer commented that given the location of this piece of
property, she would hope that there is some kind of barrier to prevent people from accessing
Wallace Drive onto this piece of property. Mr. Darling stated he is confident the applicant will
use this for retention and landscaping. He noted this is consistent with the Wallace Plan and
should act as a barrier as well.
Ms. McCarthy moved to approve the abandonment of 80 feet of right-of-way for
Wallace Drive with 40 feet going to each of the adjacent property owners (Roof and Rack to the
west and the City to the east) and approved the sale of the eastern 40' of the abandonment area
and the adjacent portion of Lot 12 and 13 currently owned by the City to the applicant for
$10,000; subject to the three conditions and positive findings as listed in the Planning and
Zoning Staff Report, seconded by Mr. Costin.
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ADOPTION OF THE HISTORIC PRESERVATION DESIGN
GUIDELINES: Approve and adopt the Historic Preservation Design Guidelines.
Paul Darling, Director of Planning and Zoning, stated the Historic Preservation
Design Guidelines for Delray Beach were developed in 1990. An update has been undertaken
over the past six months and funded with a 50/50 matching grant from the Florida Division of
Historical Resources, Bureau of Historic Preservation. The Historic Preservation Board held
four public hearings (January 8, 2003, March 3, 2003, April 30, 2003, and June 23, 2003) to
review the text and layout for the Delray Beach Historic Preservation Design Guidelines.
Ellen Uguccioni, consultant with Janus Research, briefly explained the key
components of the Historic Preservation Design Guidelines.
Mr. Levinson thanked Wendy Shay, Ellen Uguccioni, and the Planning and
Zoning staff and stated he spoke to some architects who informed him that this gives them more
clarity as what to expect when they come before the Planning and Zoning Board.
Mrs. Archer commended staff for a job well done.
Mr. Castin stated this will go a long way in helping the City of Delray Beach
preserve its heritage.
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07/22/03
Mayor Perlman congratulated Ms. Uguccioni for the great work and also thanked
Mary Lou Jamison and the Historic Preservation Board for a job well done.
Mrs. Archer moved to adopt the Delray Beach Historic Preservation Design
Guidelines as presented, pursuant to LDR Section 2.2.6(D)(19), seconded by Mr. Levinson.
Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0
vote.
9.F. SPECIAL EVENT REQUEST/HAITIAN CULTURAL FESTIVAL:
Consider approval of a special event request to allow the 1st Annual Haitian Cultural Festival
sponsored by Rex Entertainment Community, to be held on September 14, 2003 from 1:00 p.m.
until 11:00 p.m. on the grounds of Old School Square and the Community Redevelopment
Agency (CRA) parking lot, including a temporary use permit per LDR Section 2.3.6(H) for the
use of a portion ofN.E. 1st Avenue north of the grounds of Old School Square, staff assistance
for traffic control/security, trash removal/clean up, EMS assistance, and barricade set up with
event signage to be installed no earlier than September 5, 2003; contingent on the sponsor
providing a hold harmless agreement, certificate of insurance, and payment of City costs per
event policies/procedures.
Robert A. Barcinski, Assistant City Manager, stated this is a request to consider
approval to allow the 1st Annual Haitian Cultural Festival sponsored by Rex Entertainment
Community to be held on September 14, 2003, from 1:00 p.m. until 11:00 p.m. on the grounds of
Old School Square and the CRA parking lot. In addition, Mr. Barcinski stated the Commission
is requested to authorize staff support for traffic control and security, EMS assistance, trash
removal, event signage, barricade set up and to grant a temporary use permit per LDR's Section
2.3.6(H) for the use of a portion of NE 1st Avenue north of the grounds at Old School Square.
The estimated overtime for this event is $3,500 plus approximately $450 for signage and
barricade rental. The event sponsor does not have a non-profit exemption and per the city's
policies would be charged 50% of all costs over $1,000.
Mayor Perlman asked what the need is for a ten hour event. In response, Lincoln
Joseph, Director of Haitian Culture Festival (704 S. Swinton Avenue, Delray Beach) stated their
intention is to raise awareness about the Haitian Culture and he would like to keep it open all day
so that people who are not able to make it at a certain time will have the opportunity to come and
go at their convenience.
With regard to special events, Mr. Levinson stated historically from 12:00 noon
until 5:00/5:30 p.m. crowds are not typically very large. Mr. Levinson commented about the
cost factor involved and suggested Mr. Joseph revisit the issue to make sure that money is not
being spent for games and rides that are not going to be used. Mr. Levinson continued to state
that although someone may wish to arrive at 4:30 p.m. it may not be worth having just that fewer
number of people with regard to the costs.
Mrs. Archer concurred with comments expressed by Mr. Levinson and suggested
perhaps 3:00 p.m. or 4:00 p.m. may be a better starting time.
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07/22/03
Ms. McCarthy stated she too has experienced the same thing as well with June,
July, and August events. She suggested that Mr. Joseph be aware and pay attention to those first
3-4 hours of the event this year to see how many people attend, etc. Ms. McCarthy stated the
Commission would like some feedback from Mr. Joseph so that when he plans the event next
year if he finds that there were more people who came because of the time of the year and this
proves to be unfounded, then he would need to make the Commission aware of it.
Mr. Levinson moved to approve the special event request to allow the 1st Annual
Haitian Cultural Festival to be held on September 14, 2003, from 1:00 p.m. until 11:00 p.m. on
the grounds of Old School Square subject to staff recommendations, seconded by Mr. Costin.
Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0
vote.
9.G. PROPOSED MILLAGE RATE: Consider approval of the proposed millage
rate for FY 2004.
The City Manager stated the proposed budget is based on continuing the city's
millage at 8.00 mills including both operating and debt service. The City Manager stated if the
Commission wishes to reduce the millage at a later date they can. However, the City Manager
stated it is a very difficult process to increase the millage. The City Manager stated 8.00 mills is
the millage the property appraiser's office will use in notifying individual taxpayers what their
proposed tax bill will be for the coming year.
Mr. Levinson stated he is looking forward to reviewing the proposed budget.
Mayor Perlman stated historically nothing has been done with the general
employee pension and commented the last couple of years there have been some issues with the
Police and Fire Pension. Mayor Perlman stated he is looking forward to the Workshop Meeting
to discuss the possibility of getting more revenue because every year the cost of doing business
appears to be going up. Mayor Perlman stated the City Manager has done a terrific job under
difficult circumstances. Mayor Perlman stated many things are beyond the city's control (i.e.
market forces, insurance markets) and commented that these are some huge challenges.
Mrs. Archer stated she appreciates the City Manager's efforts and commended
him for a job well done.
Ms. McCarthy asked when the City Manager expects the land taxes to become
real property taxes. Ms. McCarthy stated there had to of been sales that took place for the first
six months of this year that will turn around and benefit the tax revenue this fiscal year and she
feels the city should benefit from it.
Secondly, Ms. McCarthy commented about the revenues generated from fines and
forfeitures anticipated to increase by 4.2% and asked if this includes the increase in the ticket
prices that the city has accrued as well. The City Manager stated this is correct.
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07/22/03
Mr. Levinson stated he was asked why can't government grow only at the rate of
inflation in terms of taxes and reduce the tax when the value goes up so that the net effect was
purely just an increase at the rate of inflation. Mr. Levinson stated he tried to successfully
explain that insurance in their own homes, health, pension, and stock portfolios are not linear
based upon a pure percentage of CPI. Mr. Levinson stated he feels when people understand this
then they realize many of these costs do not grow at the same rate as CPI.
The City Manager stated since 9/11, Police and Fire salaries have increased faster
than salaries generally. The City Manager stated when these costs rise higher than the average it
has a huge impact on the budget. The City Manager stated he had hoped electricity prices would
turn around like the oil prices have. However, the City Manager stated he does not foresee this
happening because FPL is very dependent on natural gas for power production and they expect it
to be 4-5 years before there is any relief in natural gas prices.
Mr. Costin stated there is absolutely no control over some of the costs. Mr.
Costin stated the City Manager has done a very commendable job in adjusting for those needs.
Mr. Levinson moved to approve the proposed millage rate at 8.00 mills, seconded
by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion
passed with a 5 to 0 vote.
9.H. 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 moved to appoint Leonard Epstien as a regular member to the Code
Enforcement Board for an unexpired term ending January 14, 2004, 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.
0.I.
APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY:
Appoint one (1) regular member to the Delray Beach Housing Authority for an unexpired term
ending October 27, 2003. Based on the rotation system, the appointment will be made by Mayor
Perlman (Seat #5).
Mayor Perlman moved to appoint Gary Rosen as a regular member to the Delray
Beach Housing Authority for an unexpired term ending October 27, 2003. Mr. Costin so moved,
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.
At this point, the time being 7:00 p.m., the City Commission moved to the duly
advertised Public Hearings portion of the Agenda.
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10. PUBLIC HEARINGS:
10.A. RESOLUTION NO. 44-03: A resolution establishing a budget for the
Stormwater Utility System, establishing the rates for FY 2004 Stormwater Management
Assessments, and certifying and adopting the Stormwater Assessment Roll. Prior to
consideration of passage of this resolution, a public hearing has been scheduled to be held at this
time.
The caption of Resolution No. 44-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, ESTABLISHING A BUDGET
FOR THE STORMWATER UTILITY SYSTEM;
ESTABLISHING RATES FOR STORMWATER
MANAGEMENT ASSESSMENTS FOR EACH PARCEL
WITHIN THE BENEFITTED AREA, OTHER THAN NON-
ASSESSED PROPERTY; PROVIDING FOR A PUBLIC
HEARING, ALL IN ACCORDANCE WITH CHAPTER 56 OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, AND RELEVANT STATUTORY
AUTHORITY; PROVIDING FOR THE CERTIFICATION AND
ADOPTION OF THE STORMWATER ASSESSMENT ROLL.
(The official copy of Resolution No. 44-03 is on file in the City Clerk's office.)
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 Manager stated this is a resolution establishing a budget for the
stormwater utility system and the rates for the fiscal year 2003/2004. The City Manager stated
the city does not propose any change in the stormwater utility rates for the coming year.
Mayor Perlman declared the public hearing open. There being no one who
wished to address the Commission regarding Resolution No. 44-03, the public hearing was
closed.
Mr. Levinson moved to adopt Resolution No. 44-03, 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.
10.B. ORDINANCE NO. 17-03 (SECOND READING/SECOND 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
on Second and FINAL Reading, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 17-03 is as follows:
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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.
Mrs. Archer moved to adopt Ordinance No. 17-03 on Second and FINAL
Reading, 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.
10.C. 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. 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. 19-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
ORDINANCE NO. 14-02 THAT PROVIDED FOR THE
IMMOBILIZATION OF VEHICLES BY THE CITY FOR
THE COLLECTION OF OUTSTANDING PARKING F1NES;
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.)
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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. 19-03, the public hearing was
closed.
Mrs. Archer moved to adopt Ordinance No. 19-03 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer -
Yes. Said motion passed with a 5 to 0 vote.
10.D. ORDINANCE NO. 24-03 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending the Land Development Regulations regarding parking requirements for
self service storage facilities within the North Federal Highway Overlay District. If passed, a
second quasi-judicial public hearing will be scheduled for August 5, 2003. 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. 24-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REPEALING A PORTION
OF SECTION 1 OF ORDINANCE NO. 7-03 WHICH
AMENDED THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, BY AMENDING CHAPTER FOUR,
"ZONING REGULATIONS", ARTICLE 4.4, "BASE ZONING
DISTRICT", SECTION 4.4.9, "GENERAL COMMERCIAL (GC)
DISTRICT", SUBSECTION (G)(2), "NORTH FEDERAL
HIGHWAY OVERLAY DISTRICT", BY REPEALING
SUBSECTION 2(C)(2)(C) PERTAINING TO PARKING RATES
AND ENACTIN A SUBSECTION 2(C)(2)(C)
PROVIDING FOR PARKING RATES FOR SELF SERVICE
STORAGE FACILITIES; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE
(The official copy of Ordinance No. 24-03 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 staff originally
recommended one space for every 50 storage units. The applicant proposed a one (1) parking
space for every 100 storage units and the City Commission directed staff to meet with the
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applicant to come up with a compromise. Staff recommends that self service storage facilities in
the North Federal Highway Overlay District provide one (1) parking space for every 100 storage
units, or portion thereof, including: (a) a minimum of three (3) loading spaces for the self-
service storage facility that must be striped and signed to limit the time for loading and unloading
to one (1) hour; and (b) three and one-half (3.5) spaces for each 1,000 square feet of accessory
office use associated with the self-storage use, a minimum of five (5) parking spaces other than
loading spaces shall be provided in connection with the self-storage use.
Mayor Perlman declared the public hearing open. There being no one who
wished to address the Commission regarding Ordinance No. 24-03, the public hearing was
closed.
Mr. Levinson moved to approve Ordinance No. 24-03 on First Reading/First
Public Hearing, 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.
ll.A.
City Manager's response to prior public comments and inquiries.
With regard to a previous concern expressed by Mrs. Finst about development in
Bexley Park driving the wildlife out of the area and ending up on the city's park, the City
Manager stated he does not believe this will be a significant problem for this area. The City
Manager stated there is still more than 15 acres of privately owned undeveloped land on the
southeast corner of Bexley Park and there is also a great deal of undeveloped land north of the
canal. The City Manager stated staff believes whatever wildlife is in the area will still find
places to go and it will not fall on the city because of development. Therefore, the City Manager
stated he believes the city does not need to take any further action with regard to this issue.
11.B. From the Public.
ll.B.1. Carolyn Zimmermam 212 S.W. 2nd Avenue~ Delray Beach (President's
Council)~ expressed concern over the Carver Square development and stated no one is taking the
responsibility to help these neighbors. Ms. Zimmerman stated these homes are sinking/cracking
and she urged the Commission to help the residents of Carver Square.
Mayor Perlman suggested that Ms. Zimmerman contact the CRA because he
understands there is interest at this agency in working with a private developer for this area.
ll.B.2. Patricia A. Nelsom 305 S.W. 7th Avenue~ Delray Beach~ stated it is her
understanding the city donated land for Habitat for Humanity and two months after moving into
her home she started having serious health problems. Ms. Nelson stated the homes in Carver
Square were built on a land fill and inquired about the records regarding the land fill. Ms.
Nelson stated her family has suffered enough and urged the Commission to help resolve this
issue.
ll.B.3. Bunnie Elrod~ 302 S.W. 1st Avenue~ Delray Beach (realtor)~ stated the Carver
Square Subdivision has areas that are sinking due to a claim that it was built on a garbage dump.
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Ms. Elrod stated many of the homes are in various stages of disrepair with cracked floors,
cracked ceilings, rooms that are on a tilt with appliances moving from one end of the room to
another. She emphasized that many of the people have health problems and illnesses due to the
fumes in the homes. Ms. Elrod read into the record a quote from the Engineering Report dated
December 1988. Ms. Elrod stated she does not feel that the "All America City" should allow
something like this to be happen for people whose life savings are invested in these homes.
ll.B.4. Patrick W. Glover, 305 S.W. 7th Avenue, Delray Beach, stated he is a resident
of this area and would like to come up with a solution to this problem. Mr. Glover stated he
understands the city is guiding the residents of Carver Square in the direction of the CRA and he
is hopeful the CRA can help. However, Mr. Glover expressed concern over the problem being
handed off to someone else if the CRA is unable to help.
Mayor Perlman stated the Commission is not handing him off to the CRA but is
suggesting that Mr. Glover go to the CRA because they are the redevelopment agency and there
is significant interest from the private sector in the southwest section. Mayor Perlman suggested
that Mr. Glover first discuss this issue with the CRA and if he does not get any results, then he
can make an appointment to meet with him.
ll.B.5. Mary Hardy, 48 S.W. 7th Avenue, Delray Beach, stated her home is built on
low land and the water is so terrible that she is almost afraid to cook with it. Ms. Hardy stated
there are many concerns which need to be corrected in this neighborhood.
ll.B.6. Sharon Josey, 716 S.W. 2nd Court, Delray Beach (resident of Carver Square
since 1985), stated she is a single parent who raised two children and stated this was supposed to
be her dream house. Ms. Josey expressed concern over the damage to her home (i.e. wall in her
bedroom is separated, the walls in the utility room are cracking, blocks are moving, the carport
is leaning to one side, and the driveway is cracked). Ms. Josey stated this house is all she owns
and expressed concern that if her house sinks she has no place to go.
ll.B.7. Sheila Reid, 701 S.W. 3rd Street, Delray Beach (President of the Carver
Square Homeowners' Association), stated she attended the All America City 2001 event held
in Atlanta and she now needs the help and support from the City of Delray Beach.
ll.B.8. Bertha Johnson, 345 S.W. l0th Avenue, Delray Beach, stated her home is built
on a land fill and expressed concern over cracks in the walls and the cracks in her driveway. Ms.
Johnson asked how she and others can get in contact with the CRA and Mayor Perlman provided
her with the telephone number of the CRA.
ll.B.9. Elizabeth Taylor, 709 S.W. 8th Avenue, Delray Beach, stated she and her
boyfriend purchased their home less than five years ago and commented that it has been a living
nightmare. Ms. Taylor stated in her daughter's room one side of the wall is completely cracked
open, other walls throughout the house are cracking, the bathroom floor is cracked, and in her
bedroom the wall is starting to separate. Ms. Taylor urged the Commission to do something
about this issue.
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ll.B.10. Mildred Evans~ 40 S.W. 7th Avenue~ Delray Beach~ (rents the property) stated
she was an ambassador for the "All America City 2001" and commented that she supports the
City of Delray Beach and her community. Ms. Evans stated she now needs the support of the
city and urged the Commission to help the residents of Carver Square.
ll.B.11. Henry Davis~ Jr. (unable to obtain address)~ one of the first homebuyers in
Carver Square, stated he brought this particular problem to the city in the late 1980's and
received no response from the previous administration. Mr. Davis stated he has seen his home
go from a square to a leaning structure and commented that the home is sinking on a daily basis.
Mr. Davis urged the Commission for assistance in doing something about these sinking homes.
ll.B.12. Mary Washingtom speaking on behalf of her mother (Mae Washington who
resides at 704 S.W. 2ad Terrace)~ expressed concern over her mother's house collapsing and she
urged the Commission for their assistance and support.
ll.B.13. Janie Ramirez~ 1114 S.W. 8th Avenue~ Delray Beach~ stated if the CRA cannot
help these people then she urged the Commission to assist them.
ll.B.14. Luckner Stillus~ 705 S.W. 2nd Terrace~ Delray Beach~ stated he is having the
same problems with regard to the foundation cracking in his home and commented that the
ceiling and floor are separating. He urged the Commission to help the people who live in this
area.
ll.B.15. Jennifer Wood~ 917 Bucida Road~ Delray Beach~ suggested that the
Commission meetings be broadcasted live on cable for those people who are not able to get here
on Tuesday evenings.
Secondly, Ms. Wood stated for the last few months the water in some of the
homes in her neighborhood has a horrible stench to it. Ms. Wood stated perhaps the water has
been redirected due to all the construction going on in the area and asked for a response to her
concern.
With regard to the beach, Ms. Wood stated the coastline is of utmost importance
and must be kept pristine. Ms. Wood stated even though it is turtle nesting season the tractors
are still going out and covering up the garbage that is coming up onto the beach and in essence it
is becoming a giant land fill. Ms. Wood suggested that the Parks and Recreation Department
send some people out there to clean up this area because she feels it could be very dangerous for
people walking along the beach.
Ms. Wood thanked the Commission with regard to the turtle nesting season. Ms.
Wood stated quite a few of the homes on the beach that the city had problems with last year have
come to realize the importance of keeping the lighting low or turned off. However, Ms. Wood
stated there are two mansions south of the Seagate Club which she feels should have the amber
lighting if they choose to have their flood lights on after 11:00 p.m.
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07/22/03
ll.B.16. Jim Smith, 1225 South Ocean Boulevard, Delra¥ Beach, expressed concern
over a newspaper article entitled "Delray to Review Proposed Budget" and stated it appears that
the City of Delray Beach will not be able to hire the firefighters that are needed in Fire Station #5
next year. Mr. Smith commented about the enormous shortfall in the Police and Fire Pension
Plan. Mr. Smith suggested that a current valuation date (i.e. June 30, 2003) be used so that the
city would have the money to pay for those extra firefighters. With regard to the private sector,
Mr. Smith stated many companies have determined that it is no longer in the benefit of either the
employees or the company to have a Defined Benefit Plan. Mr. Smith stated young people are
tending to move from job to job unlike years ago when a person would stay employed with one
company for 20, 30, or 40 years. Mr. Smith recommended that the city come up with a plan
tailored to their needs and at the same time make it easier for the city to plan ahead and to have
control over those pension costs.
At this point, the Commission moved back to Item 9.J. of the Regular Agenda.
9.J. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD:
Appoint three (3) members to the Historic Preservation Board for two (2) year terms ending
August 31, 2005. Based upon the rotation system, the appointments will be made by
Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), and Commissioner
McCarthy (Seat #4).
Mrs. Archer moved to appoint John Miller, Jr. as a member to the Historic
Preservation Board for a two (2) year term ending August 31, 2005, 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.
Mr. Levinson moved to appoint Randee Schatz as a member to the Historic
Preservation Board for a two (2) year term ending August 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.
Ms. McCarthy moved to reappoint Gloria Elliott as a member to the Historic
Preservation Board for a two (2) year term ending August 31, 2005, seconded by Mr. Levinson.
Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0
vote.
9.K. APPOINTMENTS TO THE PLANNING AND ZONING BOARD: Appoint
three (3) members to the Planning and Zoning Board for two (2) year terms ending August 31,
2005. Based upon the rotation system, the appointments will be made by Commissioner Archer
(Seat #2), Commissioner Levinson (Seat #3), and Commissioner McCarthy (Seat #4).
Mrs. Archer moved to reappoint Joseph Pike as a member to the Planning and
Zoning Board for a two (2) year term ending August 31, 2005, seconded by Mr. Costin. Upon
roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
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07/22/03
Mr. Levinson moved to reappoint Mark Krall as a member to the Planning and
Zoning Board for a two (2) year term ending August 31, 2005, seconded by Ms. McCarthy.
Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - No;
Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 1
vote, Mayor Perlman dissenting.
Ms. McCarthy moved to appoint Lynn Gardner as a member to the Planning and
Zoning Board for a two (2) year term ending August 31, 2005, seconded by Mr. Costin. Upon
roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs.
Archer - Yes; Mr. Levinson - No; Ms. McCarthy - Yes. Said motion passed with a 4 to 1 vote,
Commissioner Levinson dissenting.
9oEo
APPOINTMENTS TO THE SITE PLAN REVIEW AND APPEARANCE
BOARD: Appoint two (2) regular members to the Site Plan Review and Appearance Board for
two (2) year terms ending August 31, 2005. Based upon the rotation system, the appointments
will be made by Commissioner McCarthy (Seat #4) and Mayor Perlman (Seat #5).
Ms. McCarthy moved to reappoint Nancy Stewart as a regular member to the Site
Plan Review and Appearance Board for a two (2) year term ending August 31, 2005, seconded
by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion
passed with a 5 to 0 vote.
Mayor Perlman stated he wished to reappoint Mark Gregory as a regular member
to the Site Plan Review and Appearance Board for a two (2) year term ending August 31, 2005.
Mr. Levinson so moved, 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.M. AMENDMENT NO. 1/METRON-FARNIER, L.L.C.: Consider approval of
Amendment No. 1 to the settlement agreement between the City and Metron-Farnier, L.L.C.
providing for a five (5) month extension to allow the retrofitting of the City's water meters.
Terrill Pyburn, Assistant City Attorney, stated staff is seeking authorization to
amend the settlement agreement that the City Commission allowed them to enter into in April
2002 between Metron-Farnier, L.L.C. and the City of Delray Beach. The amended agreement
provides that the City of Delray Beach will have an additional period of five (5) months from
July through December 31, 2003, in which to audit and evaluate the performance of these
Metron meters. In the meantime, the City's lawsuit will continue to be held in abeyance for the
duration of the five (5) month evaluation period. Ms. Pyburn stated in speaking with staff who
deals with the meters on a regular basis, everyone has agreed to this arrangement.
Mrs. Archer moved to approve Amendment No. 1 to the settlement agreement
between the City of Delray Beach and Metron-Farnier L.L.C., 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.
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07/22/03
12. FIRST READINGS: NONE
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 inquiries on non-agenda items.
13.C.
City Commission.
13.C.1. Commissioner Archer
Mrs. Archer stated she lives in Sherwood Forest and since The Legacy at
Sherwood Forest (off Sherwood Forest Boulevard) is under construction, she has had the
opportunity to go in and out of the entrance on a regular basis. She commented that every time it
rains the entrances to the Legacy development flood. Mrs. Archer stated there is no drainage and
the drainage that existed is now about three feet higher than the bottom of the roadway. Mrs.
Archer stated this is a serious problem and asked staff to look into this matter to see if anything
can be done to help resolve this problem.
13.C.2.
Commissioner Costin
Mr. Costin had no comments or inquiries on non-agenda items.
13.C.3.
Commissioner McCarthy
Ms. McCarthy stated one of the local entities hosted a cultural event at Old
School Square called "An Evening in Senegal West Africa". She stated the event was
fashionable and the display board was educational as well.
Secondly, Ms. McCarthy stated she would like to publicly apologize to some of
the people who were sending emails to her because the emails were not being forwarded. Ms.
McCarthy explained that she was not aware that she had received any emails because she had not
downloaded the program to know how to read the emails. In addition, Ms. McCarthy publicly
thanked the MIS Department as well for their quick response and stated she will diligently go
through those emails and respond so people do not feel they were ignored or neglected.
13.C.4.
Commissioner Levinson
Mr. Levinson inquired about the Commission Chambers renovations and asked if
this is in the budget. In response, the City Manager stated this is capital project and staff is still
working on it.
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07/22/03
Secondly, Mr. Levinson commented about the Pineapple Grove Meeting held last
Monday evening and stated although the notice was very clear that it was going to be a strategic
planning session, many members of the association were not aware of the critical nature of their
organization and therefore were a little taken back by the meeting. Mr. Levinson stated the
association now understands that they need to focus on a different mission and hopefully the
association will get back together after its meeting and start to formulate a growth plan.
Mr. Levinson stated he would like to know who will be going to the dinner in
Orlando because he needs to make reservations.
13.C.$.
Mayor Perlman
Mayor Perlman stated Ross Licata was named Chief of Police in Lighthouse
Point. Mayor Perlman stated this is a testament to the Police Department that he is the sixth
Chief of Police that has come from Delray Beach. However, Mayor Perlman stated Mr. Licata
will remain a resident of Delray Beach.
Mayor Perlman stated he attended the Bad Boys II movie premiere and
commented that it was very interesting to see the house go up in smoke. Mayor Perlman stated
the city has received very nice comments from the Film Commission regarding the cooperation
they received from the City of Delray Beach during the entire filming process. Mayor Perlman
stated he feels the filming of the movie certainly had an economic impact and it was very much
appreciated by the businesses and residents.
In keeping with the birthday tradition, Mayor Perlman wished Gerri Bauer,
Executive Secretary to the City Manager, a very happy birthday.
With regard to the Public Arts ordinance, Mayor Perlman stated we do not want
to have a "clash". Mayor Perlman suggested that the city meet with the stakeholders in this
particular issue and work it out. Furthermore, Mayor Perlman stated the development
community would like to see this as well and noted that they have a number of concerns. The
City Attorney stated she has received several telephone calls and stated there was a meeting set
with the Gold Coast Builders Association and others to hear their concerns. The City Attorney
stated staff expects to have another meeting with them next week. With regard to others that
may wish to participate, the City Attorney stated she would be happy to schedule a meeting.
Mayor Perlman stated the Chamber of Commerce did a survey and also had a meeting last week
which was sparsely attended. Mayor Perlman stated Mr. Wood received back some survey
input.
Mayor Perlman wished Commissioner Costin a happy birthday.
at 8:00 p.m.
There being no further business, Mayor Perlman declared the meeting adjourned
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07/22/03
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 22, 2003,
which Minutes were formally approved and adopted by the City Commission on
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they are not
the official Minutes of the City Commission. They will become the official Minutes only after
review and approval which may involve some amendments, additions or deletions as set forth
above.
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07/22/03
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 22, 2003,
which Minutes were formally approved and adopted by the City Commission on
August 5, 2003
City Clerk
NOTE TO REAl)ER:
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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07/22/03