08-19-03
AUGUST 19. 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, August 19,2003.
1. Roll call showed:
Present - Commissioner Patricia Archer
Commissioner Bob Costin
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Ab sent - None
Also present were - David T. Harden, City Manager
Susan A. Ruby, City Attorney
Barbara Garito, City Clerk
2. The opening prayer was delivered by Ms. Beth House, Director of Christian
Education with First Presbyterian Church.
3. The Pledge of Allegiance to the flag of the United States of America was given.
4. AGENDA APPRO V AL:
Mayor Perlman stated the applicant has requested that Item 9.A., Conditional
Use Reauest/Cotta2e Preschool be postponed to the Regular City Commission Meeting of
September 9,2003.
Mayor Perlman noted the addition of Item 7.A.A., Presentation from Carolvn
Zimmerman.
Mayor Perlman stated staff requests that only the allocation of funds be approved
for Item 9.D., 2003 Local Law Enforcement Block Grant.
Mayor Perlman noted the addition of Item 9.K., Public Comments/FY 2004
Proposed Bud2et to the Regular Agenda by addendum.
Mr. Levinson moved to approve the Agenda as amended, 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.
5. APPRO V AL OF MINUTES:
Mayor Perlman noted a typographical error to the Minutes of the Regular Meeting
of August 5, 2003 on page 5 and stated the word "Manger" should read "Manager". The City
Clerk so noted.
Ms. McCarthy moved to approve the Minutes of the Regular Meeting of August
5, 2003, as amended, 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.
Mr. Levinson moved to approve the Minutes of the Special Meeting of August 12,
2003, 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.
6. PROCLAMATIONS:
6.A. Reco2nizin2 and Commendin2 the Delray Beach Youth Basketball Teams
Mayor Perlman read and presented a proclamation hereby proclaiming the Delray
Beach Youth Basketball players and coaches to be "Champions among Champions and
Ambassadors of Good Will and Sportsmanship for the City of Delray Beach, Florida." Curtis
and Zerlean Williams came forward to accept the proclamation.
6.B. City of Delray Beach Fire Fi2hter Appreciation Week - AU2ust 25th -
September 1. 2003
Mayor Perlman read and presented a proclamation hereby proclaiming the week
of August 25 through September 1, 2003 as City of Delray Beach Firefighter Appreciation
Week. Lieutenant James Tabeek and Lieutenant Michael Wise came forward to accept the
proclamation.
Andrea Harenkorn, speaking on behalf of the Muscular Dystrophy Association of
the Palm Beaches, thanked the Commission for their continued support.
6.C. Literacy Awareness Month - September 2003
Mayor Perlman noted a proclamation hereby proclaiming September 2003 as
Literacy Awareness Month.
6.D. National Alcohol and Dru2 Addiction Recoverv Month - September 2003
Mayor Perlman noted a proclamation hereby proclaiming September 2003 as
National Alcohol and Drug Addiction Recovery Month.
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7. PRESENTATIONS:
7.A.A. Carolyn Zimmerman
Carolyn Zimmerman stated she is here this evening as a family member of Jack
Kelly who was struck by lightning and killed last week. Miss Zimmerman stated she would like
to publicly thank the hundreds of residents especially the Haitian community, neighborhood
associations, Publix and their employees, the Fire Department, and the many businesses that
came out and sent their condolences. Miss Zimmerman stated Mr. Kelly was a person who loved
people and enjoyed helping others.
7.A. Delray Beach Ra2e U14 Boys Travel Soccer Team - Derek Hernandez
George Wisdom, Head Coach, stated Mr. Hernandez was unable to attend this
evemng. On behalf of Rage U14 Boys Travel Soccer Team, Mr. Wisdom presented Mayor
Perlman with a trophy and thanked the City of Delray Beach for their support.
7.B. Sister Cities/Y outh Ambassadors
Charlotte Durante, Chairperson of the Sister Cities Committee, Delray Beach,
thanked Mayor Perlman and the Commission for their support and efforts with the Sister Cities
Student Exchange Program. Mrs. Durante recognized Chris Miller, Student Sponsor at Atlantic
High School/Student Chaperone and Nancy King, Student Chaperone. In addition, Mrs. Durante
thanked James Mihori, Language Interpreter and Coordinator. Mrs. Durante stated the Mayor
will soon be receiving a special invitation from Miyazu, Japan to invite him as a special guest to
help celebrate their 50th anniversary.
Ms. King introduced the following students who gave presentations about their
trip to Miyazu, Japan:
. Noah Garbarino
. Eva Luo
. Allison Lalane
. Linda Du
. Jessica Pisano
7.C. Delray Beach Joint Venture/4th of July Presentation - Mariorie Ferrer
Marjorie Ferrer, Downtown Coordinator, presented a video which displayed
special events such as the 4th of July, Christmas and First Night, and Art & Jazz on the Avenue.
Ms. Ferrer explained this video is a quick synopsis of the three events and is done in an effort to
get people interested in the events.
8. CONSENT AGENDA: City Manager Recommends Approval.
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S.A. RA TIFICA TION OF THE SOUTH CENTRAL REGIONAL
W ASTEW A TER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify
the actions of the South Central Regional Wastewater Treatment and Disposal Board at their
Quarter Annual Meeting of July 31, 2003.
S.B. RESOLUTION NO. 50-03: Approve Resolution No. 50-03 abandoning a 9' x
90' portion of an alleyway, located on the west side ofN.W. 10th Avenue, approximately 100
feet north of West Atlantic Avenue within the Whidden Subdivision.
The caption of Resolution No. 50-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA VACATING AND
ABANDONING A PORTION OF THE EAST/WEST
ALLEYWAY LYING NORTH OF AND ADJACENT TO LOT 1,
BLOCK 6, WHIDDEN'S SUBDIVISION, AS MORE
PARTICUARL Y DESCRIBED BY EXHIBIT "A".
(The official copy of Resolution No. 50-03 is on file in the City Clerk's office.)
S.c. RESOLUTION NO. 52-03: Approve Resolution No. 52-03 assessing costs for
action necessary to abate nuisances on twelve (12) properties throughout the City.
The caption of Resolution No. 52-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER
100 OF THE CODE OF ORDINANCES OF THE CITY OF
DELRA Y BEACH, ASSESSING COSTS FOR ABATING
NUISANCES UPON CERT AlN LAND(S) LOCATED WITHIN
THE CITY OF DELRA Y BEACH AND PROVIDING THAT A
NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF
ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED
BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND
FOR A DUE DATE AND INTEREST ON ASSESSMENTS;
PROVIDING FOR THE RECORDING OF THIS RESOLUTION,
AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS.
(The official copy of Resolution No. 52-03 is on file in the City Clerk's office.)
S.D. RESOLUTION NO. 53-03: Approve Resolution No. 53-03 abandoning
easements within the Plaza at Delray, located at the northwest corner of Linton Boulevard and
South Federal Highway.
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The caption of Resolution No. 53-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING CERTAIN UTILITY EASEMENTS AS
SHOWN ON A REPLAT OF DELRA Y MALL, ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 58 AT
PAGE 133 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA AS MORE PARTICULARLY
DESCRIBED BY EXHIBIT "A".
(The official copy of Resolution No. 53-03 is on file in the City Clerk's office.)
8.E. ACCEPTANCE OF RIGHT-OF-WAY DEDICATION/STEVEN'S OFFICE
BUILDING: Acceptance of right-of-way dedication associated with Steven's Office Building,
located on the east side of S.W. 5th Avenue between West Atlantic Avenue and S.W. 1st Street,
within the GC (General Commercial) Zoning District and West Atlantic Avenue Overlay
District.
8.F. ACCEPTANCE OF EASEMENT DEEDS/DELRA Y PARK OF
COMMERCE: Approve and accept three (3) easement deeds associated with the Delray Park of
Commerce, Tract B (Best Securities Flex Building) located at the northeast corner of Lake Ida
Road and Congress Avenue.
8.G. MODIFICATION TO DEP CONTRACT FOR FUNDING RELATING TO
THE YEAR 2002 BEACH NOURISHMENT PROJECT: Approve Amendment No. 3 to the
Florida Department of Environmental Protection (DEP) contract #99PB2 for the state's cost
sharing of the 2002 Beach Nourishment Project.
8.H. CHANGE ORDER NO. I/FINAL PAYMENTnNTERCOUNTY
ENGINEERING.INC.: Approve Change Order NO.1 in the amount of a $40,485.00 decrease,
and final payment in the amount of $9,235.16 to Intercounty Engineering, Inc. for the Municipal
Golf Course Reclaimed Water Main Project. Funding is available from 441-5181-536-
63.95(Water & SewerfNW Reuse Water System-SCRWW).
8.1. SERVICE AUTHORIZATION NO. 11.2/ROBERT G. CURRIE
PARTNERSHIP. INC.: Approve Service Authorization No. 11.2 to Robert G. Currie
Partnership, Inc. in the amount of $6,150.00 for additional design services for the Intracoastal
(F.I.N.D.) Park Project. Funding is available from 334-4174-572-63.90 (General Construction
Fund/Intracoastal Park).
8.J. REJECTION OF BIDS/DELRA Y BEACH SWIM AND TENNIS CENTER:
Approve the rejection of all bids received for the 2002-012 Delray Beach Swim and Tennis
Center Parking Lot Project.
8.K. THE FRIENDS OF SANDOWAY HOUSE NATURE CENTER. INC.:
Approve a request from the Friends of Sandoway House Nature Center, Inc. to grant a temporary
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use permit per LDR Section 2.4.6(H) for the use of the eastern portion of the Ingraham Parking
Lot from 5:00 p.m. on November 20,2003 through noon on November 24,2003, and use of the
balance of the Ingraham Parking Lot and the Sandoway Parking Lot from 3 :00 p.m. until
midnight on November 22, 2003 to accommodate their annual fund-raiser; contingent on the
sponsor providing liability insurance and a hold harmless agreement.
8.L. GRANT APPLICATION TO FLORIDA RECREATION DEVELOPMENT
ASSISTANCE PROGRAM: Authorize staff to submit a grant application to the Florida State
Department of Environmental Protection's Recreation Development Assistance Program for
funding in the approximate amount of$50,000.00 for playground equipment for Lake Ida Park.
8.M. TRI-PARTY AGREEMENT/FIRST NIGHT 2004: Approve an agreement
between the City, Joint Venture, and Old School Square and proposed budget for the First Night
2004 Event.
8.N. CITY OF DELRA Y BEACH SUB-RECIPIENT FUNDING AGREEMENTS:
Approve and authorize the execution of funding agreements in the total amount of $42,612.00
with five (5) sub-recipients (Community Development Corporation, Delray Beach Youth
Basketball Boosters, Roots Cultural Festival, Carver Estates Youth Program, and Delray Youth
Vocational Charter School) under the Weed & Seed program for FY 2003. Funding is available
from 115-2125-521-83.01 (Weed and Seed Grants/Other Grants/Aid).
8.0. PALM BEACH COUNTY FINANCIAL ASSISTANCE AGREEMENT:
Approve a financial assistance agreement with the Palm Beach County Board of County
Commissioners for the reimbursement of funds to the City up to the amount of $300,000.00 for
the replacement of irrigation and landscaping on Linton Boulevard between Congress Avenue
and Military Trail.
8.P. APPOINTMENT OF OUTSIDE COUNSEL/VOSBURGH V. CITY OF
DELRA Y BEACH: Approve appointment of Fred Gelston, Esq. to act as outside counsel for
the police officer in the case of Vosburgh v. City of Del ray Beach at a rate of$110.00 per hour.
~ REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period August
4,2003 through August 15,2003.
8.R. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Stokes Mechanical Contractor at an estimated annual
cost of $18,470.00 for plumbing services and repairs for various City
buildings. Funding is available from various departmental FY 2003-2004
operating budgets.
2. Contract award to BCH Mechanical d/b/a Conserves Building Services in
the total amount of $77,356.00 for a three (3) year term for the
maintenance and service of the HV AC Chiller, Tracer Unit located at City
Hall. The total amount includes $12,644 for the first year, $13,024 per
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year for the second and third years, and $38,664 for the condenser coil.
Funding is available from 001-1802-512-46.20 (General Fund/Equipment
Maintenance) and 334-6112-519-46.10 (General Construction
Fund/Building Maintenance).
3. Purchase award to Chemical Lime Company at an estimated annual cost
of $564,192.00 via the City of Boynton Beach Co-op Bid #064-2821-
03/JA for bulk quicklime for the City of Delray Beach. Funding is
available from 441-5122-536-51.21 (2003-2004 Budget).
Mr. Costin moved to approve the Consent Agenda, seconded by Mrs. Archer.
Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes;
Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0
vote.
Mike Cruz, 1510 N. Swinton Avenue, Delray Beach, speaking as President of the
Lake Ida Property Owners' Association, stated they are interested in getting some improvements
made to Lake Ida Park and appreciates the approval this evening to submit for a grant. Mr. Cruz
inquired about the timeframe involved. Mayor Perlman stated he will find out the timeframe and
let Mr. Cruz know.
9. REGULAR AGENDA:
9.A. CONDITIONAL USE REQUEST/COTTAGE PRESCHOOL: Consider a
request for conditional use approval to allow the establishment of a child care facility within the
RM (Multiple Family Residential-Medium Density) zoning district for the Cottage Preschool, to
be located at the northeast corner of south Swinton Avenue and S.E. 3rd Street. (Quasi-Judicial
Hearing)
The applicant has requested that this item be postponed until the Regular City
Commission Meeting of September 9,2003.
9.B. CONDITIONAL USE REQUEST/ULTIMATE AUTOMOTIVE: Consider a
request for conditional use approval to allow the establishment of a vehicle repair facility
(automotive accessory installation and sales operation) within the MIC (Mixed Industrial and
Commercial) zoning district for Ultimate Automotive, to be located at the southeast corner of
Congress Avenue and McNab Avenue. (Quasi-Judicial Hearing)
Mayor Perlman read into the record the City of Delray Beach procedures for
conducting a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial Hearing
items held this evening.
Mayor Perlman asked the Commission to disclose any ex parte communications.
No ex parte communications were disclosed.
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The City Clerk swore in those individuals who wished to give testimony on this
item.
Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning
Department project file #2003-266 into the record.
Mr. Dorling stated this is a 1.53 acre property known as Congress Plaza and is
currently zoned MIC (Mixed Industrial Commercial) and contains 23,976 square foot industrial
structure constructed in 1975. The applicant is seeking to establish an automotive accessory
installation and sales operation for Ultimate Automotive. The use falls within the category of
automobile, paint, body and repair, and requires conditional use approval. The use would
occupy 3,200 square feet within two bays (Bays F & G) at the west end of the building and
would be open Monday through Friday 8:30 a.m. to 7:00 p.m., Saturdays 10:00 a.m. to 5:00 p.m.
At its meeting of July 21, 2003, the Planning and Zoning Board held a public
hearing in conjunction with review of the request. No one from the public spoke. After
discussion, the Board voted 5-0 (Woehlkens and Morris absent) to recommend approval of the
Conditional Use request, based upon positive findings with respect to Chapter 3 (Performance
Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and policies of the
Comprehensive Plan, subject to the condition with respect to parking as listed in the Planning
and Zoning Staff Report. Staff recommends approval of the request.
Mayor Perlman declared the public hearing open. There being no one who
wished to address the Commission regarding the Conditional Use request, the public hearing was
closed.
Mr. Costin moved to approve the Conditional Use request, based upon positive
findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) of the Land
Development Regulations, and the policies of the Comprehensive Plan, and subject to the
condition with respect to parking as listed in the Planning and Zoning Staff Report, seconded by
Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor
Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed
with a 5 to 0 vote.
At this point, the time being 7:00 p.m., the City Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 22-03 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending the Land Development Regulations Section 4.4.11
"Neighborhood Commercial" Zoning District to clarify the uses subject to the special regulations
section and to add vocational schools limited to Arts and Crafts, Business, Beauty, Dancing,
Driving, Gymnastics, Photography, Modeling, and Karate-Judo as a permitted use. Prior to
consideration of passage of this ordinance, a public hearing has been scheduled to be held at this
time.
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08/19/03
The caption of Ordinance No. 22-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES, BY AMENDING SECTION 4.4.11,
"NEIGHBORHOOD COMMERCIAL (NC) DISTRICT", BY
AMENDING SUBSECTION (B), "PRINCIPAL USES AND
STRUCTURES PERMITTED", TO CLARIFY THE USES
SUBJECT TO THE SPECIAL REGULATIONS SECTION
AND TO ADD VOCATIONAL SCHOOLS LIMITED TO
ARTS AND CRAFTS, BUSINESS, BEAUTY, DANCING,
DRIVING, GYMNASTICS, PHOTOGRAPHY, MODELING
AND KARATE-JUDO AS A PERMITTED USE WITHIN
THE NEIGHBORHOOD COMMERCIAL (NC) ZONING
DISTRICT; BY AMENDING SUBSECTION (D)
"CONDITIONAL USES AND STRUCTURES ALLOWED",
TO CLARIFY THAT IT IS SUBJECT TO THE SPECIAL
REGULATIONS SECTION; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 22-03 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 Del ray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this is a privately initiated
LDR text amendment to allow vocational schools as a permitted use within the NC
(Neighborhood Commercial) zoning district. The applicant wishes to allow a tenant to operate a
martial arts school at 2715 South Federal Highway.
At its meeting of July 21, 2003, the Planning and Zoning Board held a public
hearing and after lengthy discussion, the Board voted 5-0 (Woehlkens and Morris absent) to
recommend approval that LDR Section 4.4.11(B)(2) (Principal Uses and Structures Allowed) be
amended to allow "Vocational Schools, limited to arts and crafts, business, beauty, dancing,
driving, gymnastics, photography, modeling, and karate-judo" as a permitted use and that minor
changes be made to "Principal Uses and Structures Permitted" and "Conditional Uses and
Structures Allowed", based upon a positive finding with LDR Section 2.4.5(M)(5).
Mayor Perlman declared the public hearing open. There being no one who
wished to address the Commission regarding Ordinance No. 22-03, the public hearing was
closed.
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08/19/03
Mrs. Archer moved to adopt Ordinance No. 22-03 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes.
Said motion passed with a 5 to 0 vote.
10.B. ORDINANCE NO. 25-03: An ordinance designating the Amelung House
located at 102 N.E. 1ih Street to the Local Register of Historic Places. Prior to consideration of
passage of this ordinance, a public hearing has been scheduled to be held at this time. (Quasi-
Judicial Hearing)
The caption of Ordinance No. 25-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, DESIGNATING
THE AMELUNG HOUSE, LOCATED AT 102 NE 12TH
STREET, AS MORE PARTICULARLY DESCRIBED
HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR
THE AMENDMENT OF THE "ZONING MAP OF DELRA Y
BEACH, FLORIDA, APRIL, 2003"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 25-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing and quasi-
judicial hearing was held having been legally advertised in compliance with the laws of the State
of Florida and the Charter of the City of Del ray Beach, Florida.
Mayor Perlman asked the Commission to disclose any ex parte communications.
No ex parte communications were disclosed.
No one from the public came forward to be sworn in by the City Clerk and the
City Attorney noted that Mr. Dorling was already sworn in for the evening.
Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning
project file #2003-228 into the record.
Mr. Dorling stated this request involves the relocation of a house from Vista Del
Mar Drive to a future address of 102 N.E. 1ih Street. Mr. Dorling stated this was originally
discussed during the City Commission Meeting of August 5, 2003, at which time it was
determined that the designation for the Amelung House should be limited to Lot 9. Mr. Dorling
stated upon relocation of the house from Vista Del Mar to this property, the applicant proposes to
provide an alternative orientation of the house to face east/west and request a waiver from the
Historic Preservation Board to reduce the required lot area. In addition, Mr. Dorling stated the
applicant will seek a variance request from the Board of Adjustment to reduce the west setback
of the existing structure on Lot 8 (which would become non-conforming) with the removal of
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Lot 9 from the overall holdings.
At its meeting of July 16, 2003, the Historic Preservation Board gave preliminary
support based upon the facts presented to those relief mechanisms that would be necessary from
that Board. The relocation is anticipated to occur in early September and then this designation
would become effective upon that relocation.
The City Attorney stated Section 5 of the ordinance should read "That this
ordinance shall become effective immediately when the building is placed on Lot 9; no later than
September 30,2003."
At this point, Gary Eliopoulos came forward to be sworn in by the City Clerk.
Gary Eliopoulos, 205 George Bush Boulevard, Delray Beach (Architect), stated
he and his wife currently live at the subject property which they are subdividing. Mr. Eliopoulos
stated the current owner contacted him and asked if he wanted to find a new location for it. Mr.
Eliopoulos stated the relocation is currently scheduled for September 7,2003.
Mayor Perlman declared the public hearing open. There being no one who
wished to address the Commission regarding Ordinance No. 25-03, the public hearing was
closed.
Mrs. Archer moved to adopt Ordinance No. 25-03 on Second and FINAL Reading
as amended with the effective date, seconded by Mr. Costin. Upon roll call the Commission
voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy -
Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote.
10.C. ORDINANCE NO. 26-03: An ordinance amending Section 71.030 of the Code
of Ordinances relating to the immobilization regulations on private property. 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. 26-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE
CODE OF ORDINANCES OF THE CITY OF DELRA Y
BEACH, BY AMENDING CHAPTER 71, "PARKING
REGULATIONS", SUBSECTION 71.030(B),
"REQUIREMENTS FOR IMMOBILIZATION CONTRACTOR
OR PROPERTY OWNER", TO PROVIDE FOR A CHANGE IN
THE FEES AND PAYMENT PROVISIONS AND TO
CLARIFY OTHER MINOR ITEMS; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
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(The official copy of Ordinance No. 26-03 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 Del ray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this is a modification to the
existing ordinance to (1) increase the fees that could be charged for removal of the
immobilization device from $25 to $50, (2) if the property owner or Contractor is unable to
accept credit cards they can invoice the vehicle owner for payment at a later date, (3) extend the
maximum response time to remove the device from 30 to 60 minutes and, (4) require the
warning notices affixed to the vehicle window to be in English, only.
Mayor Perlman declared the public hearing open. There being no one who
wished to address the Commission regarding Ordinance No. 26-03, the public hearing was
closed.
Prior to the vote, Mayor Perlman asked how we compare with other cities with
regard to the fee for removal of the immobilization device. In response, Mr. Dorling stated staff
was comparing the cost of towing for other cities, not necessarily for booting. Scott Aronson,
Parking Management Specialist, stated towing usually runs around $125 for redemption of the
vehicle in addition to the inconvenience of having to go to an impound yard.
Mr. Costin moved to adopt Ordinance No. 26-03 on Second and FINAL Reading,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer -
Yes; Mr. Levinson - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Ms. McCarthy - Yes. Said
motion passed with a 5 to 0 vote.
At this point, the City Commission moved to Item 11, Comments and Inquiries
on Non-Agenda items from the City Manager and the Public.
II.A. City Mana2er's response to prior public comments and inauiries.
With regard to a prior concern expressed by Ms. Wright about the problems with
ATV's and the potential dangers associated with driving them in addition to go-carts on public
roadways and vacant lots, the City Manager stated the Police Department has dealt with this
issue as best they can. The City Manager stated District 2 Officers as well as Officers assigned
to the West Atlantic Avenue Task Force have been actively working to remedy this situation.
The City Manager stated the strategies involve a zero tolerance for violators to include both the
issuance of citations and the seizure of illegal vehicles found on roadways. Within the last week,
staff has seized three such vehicles and is continuing their efforts to rectify this problem and
have also solicited the assistance of the residents in the neighborhood. The City Manager stated
through combined efforts, we hope to find the homes where these vehicles originate. We can
then approach the offenders prior to them committing the violations to encourage their
cooperation and if they choose to continue to violate we know where to find them so we can
employ a different means of rectifying the problem. The City Manager stated Captain Musco is
the Police Department contact person with regard to this issue.
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Secondly, the City Manager stated at the July 22nd City Commission meeting
there were several property owners' from the Carver Square subdivision who commented on
problems they were having relating to severe cracking and other problems because of the homes
being constructed on lots that had inferior fill. The City Manager stated when the City did the
initial analysis on the subdivision in 1988 the conclusion suggested that a portion of this
neighborhood was used informally as a garbage dumping ground. There are 30 lots within this
subdivision with 27 homes constructed between the early 1950's and the mid 1980's.
Approximately 12 of these units appear to be visibly affected. The most severe units appear to
have been constructed in the mid 1980' s by Emilio Garcia, General Contractor. The City
Manager stated research by staff indicates that this contractor has multiple problems with his
business with a number of outstanding liens, judgments, and complaints filed between 1986
through 1993 at which time he voluntarily surrendered his construction license. Staff was not
able to determine if licensed real estate sales persons were involved in the resale of these units.
Nine of the 27 homes claimed homestead exemption which can be interpreted that these are
owner occupied. The City Manager stated the rest of these homes are investor owned, rented or
vacant. The City Manager stated previously a map was distributed to the Commission
identifying the units with the most severe deterioration. Unfortunately, the City Manager stated
these people are the victims of criminal activity and this is not a matter that the City can assist
them with. The City Manager continued to state he feels the direction by the Commission to
refer these people to the CRA is appropriate and hopefully through some sort of strategy of
acquiring and replacing these units, these people can be assisted.
ll.B. From the Public.
ll.B.1. Bunny Elrod. 302 S.W. 1st Avenue. Delray Beach. expressed concern over the
new library building and stated she has been involved in other City hearings with regard to what
the public wants in redevelopment (most recently the NW/SW Redevelopment Task Force where
several Charrette meetings and public workshops were held). Ms. Elrod stated she obtained the
actual plans from the Charrette that was created for the relocation of the library. Ms. Elrod
stated she has the plans with her this evening and she made references to some things the
Charrette produced.
ll.B.2. Alice Finst. 707 Place Tavant. Delray Beach. representing the Board of
Directors for Progressive Residents of Del ray (PROD), she urged the Commission to take a stand
regarding this issue and call the question as to whether this is what we want versus what is being
proposed. Mrs. Finst stated from the beginning it seemed as if there are a lot of diversions in the
project taking it away from the original concept. Mrs. Finst stated it appears the project was not
put together the way it should be and commented SPRAB keeps making suggestions but the
Committee has not accepted these suggestions. Mrs. Finst suggested that the Commission
intervene immediately.
ll.B.3. Carolyn Zimmerman. 212 S.W. 2nd Avenue. Delray Beach. is opposed to the
design for the library and stated this was done by many people who took a lot of time in what
they wanted. Miss Zimmerman stated Delray is known for its charm and she feels the
community should not have something that looks like a prison. Miss Zimmerman stated at the
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Charrette for the proposed library there was no one who wanted the library to be located on West
Atlantic A venue except for her. Miss Zimmerman stated we have to think about the future of
Delray as it is today and suggested that the new design be given back to the architect.
9.C. REQUEST FOR MODIFICA TION OF STANDARDS GOVERNING
FINGER PIERS: Consider modification of standards in Land Development Regulations (LDR)
Sections 7.9.7 and 7.9.8 governing Dolphins and Finger Piers, pursuant to Section 7.9.4(A) of
the LDR, to allow dolphin pilings 60 feet from the property line and a 30-foot finger pier to be
constructed at 240 Captain's Walk. The normal standard is 25-feet of dock length. (Quasi-
Judicial Hearing)
Mayor Perlman asked the Commission to disclose any ex parte communications.
No ex parte communications were disclosed.
The City Clerk swore in those individuals who wished to give testimony on this
item.
George Diaz, Building & Inspector Admini strator, entered the building
application into the record.
Mr. Diaz stated this item is a waiver of the Land Development Regulations
Section 7.9.7 and 7.9.8 governing the placement of dolphins and finger piers for property located
at 240 Captain's Walk, Unit #501 (Boat Slip #48). The application includes four (4) new
dolphin pilings that will extend 60 feet from the property line. The second one is for finger piers
which extend 30 feet from the property line.
Mayor Perlman stated if anyone wishes to speak on this item to step forward at
this time. There being no one who wished to address the Commission regarding the waiver
request, the public hearing was closed.
Mr. Costin moved to approve the waiver request to LDR Sections 7.9.7 and 7.9.8
of the LDR's to allow dolphin pilings 60 feet from the property line and a 30-foot finger pier to
be constructed at 240 Captain's Walk, 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.D. 2003 LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG): Approve
acceptance and the proposed allocation of the 2003 Local Law Enforcement Block Grant in the
amount of $121,447.00 with a City match of funds in the amount of $12,145.00 for a total
amount of $133,592.00. Funding is available from 115-2112-521-49.90 (Federal Forfeiture
Account).
Mayor Perlman announced per the Finance Department, staff is requesting that
only the allocation of funds be approved because they have not yet received the grant.
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The City Manager stated the proposal is to allocate this grant including the City
match funds for a total of $133,592. The City Manager stated $60,000 is for Police overtime,
$25,000 is for the volunteer program, $40,320 is for building security upgrades to the main
Police station, and $7,000 is for vehicle alarms in Police cars.
Mrs. Archer moved to approve the allocation for the 2003 Local Law
Enforcement Block Grant (LLEBG) funds, 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.E. OFFSITE PARKING AGREEMENT~ULBERRY STREET
RESTAURANT: Provide direction concerning an off-site parking agreement for Mulberry
Street Restaurant (tka Craige's Furniture), located at 111 East Atlantic Avenue.
Paul Dorling, Director of Planning and Zoning, stated staff is seeking some
direction on an agreement that has been reached for the Mulberry off-site parking agreement.
At its meeting of June 3, 2003, the City Commission held a quasi-judicial
hearing with regards to a request from Craige's Furniture for the purchase of nine (9) in-lieu
parking spaces at a cost of $108,000, which was paid on July 1, 2003. After significant
discussion, the City Commission approved the in-lieu fee subject to the condition that the
applicant provides an off-site agreement to accommodate employee parking. In addition, the
City Commission indicated that the 300 foot maximum spacing could be waived at that point.
The applicant has entered into a parking agreement. However, in addition to the
300 foot requirement which the City Commission waived, the agreement still does not meet
some other requirements of an off-site agreement required by LDR Section 4.6.9. In particular,
Mr. Dorling stated it does not constitute a covenant running with the land and the agreement
contains an expiration date shorter of five (5) years or the date new public parking is opened
within two blocks of 111 East Atlantic A venue. Furthermore, Mr. Dorling stated it also does not
include the City as a party to that agreement and therefore the City cannot legally enforce the
agreement. Mr. Dorling stated in February 2003, the City Commission agreed that this lot could
only be used for City sponsored special events and private sector events that receive Commission
approval. As the parking, through this agreement, will be used on a daily basis, it will require
improvement to meet the current parking lot design standards pursuant to LDR Sections 4.6.9(D)
and 4.6.16. In addition, staff is looking for direction as to whether that portion of the lot to be
used by employees needs to be to a full parking lot and if this agreement meets the intent of the
Commission June 3rd requirements.
Michael Weiner, representing the applicant DHBH, L.L.C., stated it was not the
intent of the Commission to meet the Code requirements for this parking agreement. What the
applicant understood from the Commission was go see what you can do and use your best efforts
with respect to parking and it was not tied to a Code provision. Mr. Weiner stated DHBH did the
best they could and everyone understood that this was a requirement that was far beyond the
requirements that were usually imposed with respect to in-lieu parking. Mr. Weiner stated he
feels they have sufficient cause to be allowed the in-lieu parking fee.
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Michael Listick, Attorney, 616 East Atlantic Avenue, Delray Beach, stated this
all began in March 2003 with the staff meeting which indicated the applicant would perhaps
have to pay for two or three spaces and is now paying over $100,000. In June, the Commission
agreed to accept a parking agreement through the applicant's best efforts.
Mr. Levinson expressed concern over the term and the language in the agreement
being too vague. Mr. Levinson stated the purpose of this was to accommodate an offer that was
made and the offer would be sufficient to allow a reasonable amount of public parking to be
offered, not some limited amount of a few spaces that may be recovered on an on-street basis.
Mrs. Archer stated she too is uncomfortable with the agreement. Mrs. Archer
stated she would like the parking agreement to be for five years and she would also like to see a
requirement that all employees park in this lot since it is an unimproved lot. Mrs. Archer stated
if these changes were made then she could support the agreement. Mrs. Archer stated she would
like to do everything we can to help this restaurant open but by the same token, she feels
something has to be done that is going to be more effective for the City.
Mr. Costin inquired whether or not the negotiations are ongoing with Mr.
Worrell because he feels the City needs to be assured of some continuity in that period of time.
David Hosokawa stated he will get the agreement for five years with Mr.
Thomas Worrell if necessary.
Mr. Weiner stated the applicant would be more than happy to take the direction
of the Commission to change the clause in the agreement to it being a certainty of five years.
Ms. McCarthy stated the temporary permit for this particular lot has expired and
she would not like to see the applicant go out again and find another lot that is owned by any
person and then find out that lot is not satisfactory as well. Therefore, Ms. McCarthy stated she
would like to know if the additional requirement is that the additional parking be paved and
striped, etc. and if this lot is okay (with the exception that the terms of the agreement are not long
enough), then she would like clarification now so that the applicant is not trying to do something
other than what the Commission is requesting. Mr. Dorling stated this lot is not an improved lot
and it would not be considered meeting the Code and there are other items which mayor may not
be an issue with respect to the City not being a party to the agreement as identified in the
Planning and Zoning Staff Report.
The City Manager stated a normal off-site parking agreement provides that you
are providing required spaces off-site and this is the reason it must be subject to City intervention
because it represents a permanent solution to the parking needs and emphasized this is not the
case here.
Mayor Perlman stated the Commission asked the applicant to make a good faith
effort to mitigate the situation and it appears that this is what they did. In addition, he would not
like to hold the applicant up any longer and feels they went out and did what was requested.
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After brief discussion, it was the consensus of the Commission that the term of
the agreement be for five years regardless of whether additional public parking is provided in the
area. Further direction was given that the parking lot be limited to parking by employees only
(not employees who are parking other peoples cars); and, that it be limited to the paved area
which could accommodate the twenty (20) spaces and the balance. The balance of the lot retains
its status that it is available for special events only.
9.F. DELRA Y BEACH MARINA RATES: Provide direction concerning a
proposed rate increase up to forty or forty-five cents per foot per day for use of the municipal
marina facilities.
Joe Weldon, Director of Parks and Recreation, stated he is recommending that the
City of Delray Beach increase the marina rates from thirty cents per foot to forty-five cents per
foot. Mr. Weldon stated staff did a survey of public and private marinas and noted that there is
only public and one private marina that have lower rates than the City of Delray Beach. Mr.
Weldon also stated the rates have not been raised since December 1990 and the marina facilities
are comparative with others in that the rates include utilities, showers, restrooms, laundry, and
ice machine. Mr. Weldon stated the City recently spent $548,067 in upgrading the marina and
noted that included in each agenda packet is information showing what each resident would pay
at forty cents per foot and forty-five cents per foot. Mr. Weldon stated staff recommends an
increase to forty-five cents per foot.
Mr. Levinson suggested that the rates be raised again next year and encouraged
staff to get the City rates back in line and more appropriate based upon the services that are
provided.
Mrs. Archer stated she concurs with comments expressed by Mr. Levinson.
Ms. McCarthy stated she would like to see staff come back to the Commission
with a projected timetable if there are going to be increases. Ms. McCarthy stated she agrees
with the increase as staff has projected with notice to the citizens who actually dock their boats at
the marina. Ms. McCarthy stated she would like to see what that projected level is rather than
seeing the rates increase every year.
Mayor Perlman concurred with comments expressed and feels the City should be
looking at every possible revenue source and re-evaluating it.
After brief discussion, it was the consensus of the Commission that the City send
out a courtesy notice to notify the marina residents that on September 9, 2003 the City
Commission will be voting on the proposed rate increase.
Janet Maler, resident of the marina for approximately 13 years, expressed concern
over the conditions of the marina and the deterioration of the docks. Ms. Maler stated she would
like to see the replacement of City docks a priority and urged the Commission to refrain from
increasing any rates until that decision has been made. Ms. Mahler asked that the City make this
a livable marina because she feels it is currently unsafe.
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The City Manager explained that the reconstruction of the docks is in the Capital
Improvement Program for next year.
9.G. RA TIFICA TION OF APPOINTMENT TO THE PARKING
MANAGEMENT ADVISORY BOARD: Ratify the appointment of Thomas Carney, Jr. as
the Community Redevelopment Agency representative on the Parking Management Advisory
Board for a term ending July 1,2005.
Mr. Levinson moved to ratify the appointment of Thomas Carney, Jr. as the
Community Redevelopment Agency representative on the Parking Management Advisory Board
for a term ending July 1, 2005, 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.
9.H. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint two (2)
regular members and two (2) alternate members to the Board of Adjustment for two (2) year
terms ending August 31, 2005. Based upon the rotation system, the appointments will be made
by Mayor Perlman (Seat #5), Commissioner Costin (Seat #1), Commissioner Archer (Seat #2),
and Commissioner Levinson (Seat #3).
Mayor Perlman stated he wished to appoint Paul Zacks as a regular member to the
Board of Adjustment for a two (2) year term ending August 31, 2005. Mrs. Archer so moved,
seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mayor Perlman -
Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said
motion passed with a 5 to 0 vote.
Mr. Costin moved to appoint Woodrow Lockett as a regular member to the Board
of Adjustment 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.
Mrs. Archer moved to appoint Mel Pollack as an alternate member to the Board
of Adjustment for a two (2) year term ending August 31, 2005, 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. Levinson moved to appoint David Redelheim as an alternate member to the
Board of Adjustment for a two (2) year term ending August 31, 2005, seconded by Mrs. Archer.
Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes;
Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0
vote.
9.1. APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS:
Appoint four (4) members to the Board of Construction Appeals for two (2) year terms ending
August 31, 2005. Based upon the rotation system, the appointments will be made by
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Commissioner Costin (Seat #1), Commissioner Archer (Seat #2), Commissioner Levinson (Seat
#3), and Commissioner McCarthy (Seat #4).
Mr. Costin moved to reappoint Ron Brito as a member to the Board of
Construction Appeals for a two (2) year term ending August 31,2005, 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.
Mrs. Archer moved to reappoint Fred Fetzer as a member to the Board of
Construction Appeals for a two (2) year term ending August 31, 2005, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin
- Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a
5 to 0 vote.
Mr. Levinson moved to appoint Reginald Cox as a member to the Board of
Construction Appeals 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 appoint Lesley Deutch as a member to the Board of
Construction Appeals for a two (2) term ending August 31, 2005, 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.J. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint
one (1) regular member and one (1) alternate member to the Code Enforcement Board for
unexpired terms ending January 14, 2004. Based upon the rotation system, the appointments
will be made by Commissioner Levinson (Seat #3) and Commissioner McCarthy (Seat #4).
Mr. Levinson moved to appoint Glenn Schuster as a regular member to the Code
Enforcement Board for an unexpired term ending January 14, 2004, seconded by Mrs. Archer.
Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0
vote.
Ms. McCarthy moved to appoint Gilda Fernandez as an alternate member to the
Code Enforcement Board for an unexpired term ending January 14, 2004, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy
- Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a
5 to 0 vote.
9.K. PUBLIC COMMENTS/FY 2004 PROPOSED BUDGET: The City
Commission will hear public comments, if any, regarding the FY 2004 Proposed Budget at this
time.
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There were no public comments regarding the fiscal year 2004 proposed budget.
At this point, the City Commission moved to Item 12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 23-03: City initiated 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-1-AA (Single Family Residential) to CF (Community Facilities)
for a 0.81 acre portion of the Trinity Lutheran Church Property, located at the northwest corner
of Lake Ida Road and Swinton Avenue. If passed, a quasi-judicial public hearing (as to zoning)
will be scheduled for September 9,2003.
The caption of Ordinance No. 23-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, CHANGING THE
FUTURE LAND USE MAP DESIGNATION IN THE
COMPREHENSIVE PLAN FROM LD (LOW DENSITY
RESIDENTIAL 0-5 DU/ AC) TO CF-C (COMMUNITY
FACILITIES-CHURCHES), AND REZONING AND
PLACING LAND PRESENTLY ZONED R-1-AA (SINGLE
FAMILY RESIDENTIAL) DISTRICT TO CF (COMMUNITY
FACILITIES) DISTRICT; SAID LAND BEING A PARCEL
OF LAND LOCATED AT THE NORTHWEST CORNER OF
LAKE IDA ROAD AND SWINTON A VENUE, AS MORE
P ARTICULARL Y DESCRIBED HEREIN; ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION
PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS; AMENDING "ZONING MAP OF DELRA Y
BEACH, FLORIDA, APRIL 2003" PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 23-03 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 is a 0.81 acre property
which currently contains a 1,035 square foot storage building and a parking area. This property
has been owned by the church since 1982. In October 1990, the City went through some
Citywide zoning for the balance of the property and changed the zoning from R-1-AA (Single
Family) to CF (Community Facilities). Mr. Dorling stated the City is going through a corrective
change in both the land use and the zoning to bring it consistent with the balance of the property.
At its meeting of July 21, 2003, the Planning and Zoning Board held a public
hearing in conjunction with the request. There were a few people from the public that expressed
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concerns with existing nuisances generated by the church and the expansion of the church
facilities onto the subject property as a permitted use. The general sentiment was that the church
has not provided sufficient buffering to eliminate the noise generated at the outdoor play areas,
which are located along the north and west sides of the church campus. Staff is currently
reviewing prior approvals to determine if buffering or the relocation of play area were ever
attached as conditions of prior approvals. After reviewing the staff report and discussing the
proposal, the Planning and Zoning Board voted 4-0 (Sowards abstaining, Morris absent) to
recommend that the request be approved, based on positive findings with respect to Future Land
Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR
Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezonings), LDR Section
2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive
Plan.
Mrs. Archer stated if anything is built she would like to see that the additional
landscape buffering be attached to whatever portion is built. Mr. Dorling stated that the
condition of approval will be considered during the Site Plan Review process.
Mrs. Archer moved to approve Ordinance No. 23-03 on FIRST Reading,
seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms. McCarthy -
Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
12.B. ORDINANCE NO. 27-03: An ordinance amending Chapter 32, "Departments,
Boards, and Commissions", of the City Code of Ordinances by enacting Sections 32.45-32.50
establishing the Neighborhood Advisory Council. If passed, a public hearing will be scheduled
for September 9,2003.
The caption of Ordinance No. 27-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DELRA Y BEACH, BY AMENDING
CHAPTER 32, "DEPARTMENTS, BOARDS AND COMMISSIONS",
TO CREATE A "NEIGHBORHOOD ADVISORY COUNCIL" AS AN
ADVISORY BOARD TO THE CITY COMMISSION; BY ENACTING
SECTION 32.45, "ES T ABLISHMENT", SECTION 32.46,
"COMPOSITION; APPOINTMENT; TERMS", SECTION 32.47,
"ORGANIZATION", SECTION 32.48, "QUALIFICIATIONS OF
MEMBERS", SECTION 32.49, "DUTIES AND RESPONSIBILITIES",
AND SECTION 32.50, "MEETINGS", PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 27-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
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08/19/03
Janet Meeks, Education Coordinator, stated at its Workshop Meeting of July 15,
2003, the City Commission discussed the merits and details of establishing a permanent
Neighborhood Advisory Council.
Prior to the vote, Mr. Levinson stated he received a comment from the BPOA
asking to reconsider the zoning and contiguously make the beach one zone. Mrs. Meeks stated
staff will specify the zones in case there are any future changes to the map.
Mayor Perlman stated there is an objection from the President's Council to the
use of the word "Council" in the Neighborhood Advisory Council. After brief discussion, the
Commission concurred that the use of the word "Council" is appropriate.
Mrs. Archer moved to approve Ordinance No. 27-03 on FIRST Reading,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Perlman -
Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said
motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 13, Comments and Inquiries on
Non-Agenda Items from the Commission.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
B.A. City Mana2er.
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 congratulated Randy Welker, Economic Development Director who
started on Monday.
Secondly, Mrs. Archer stated she was not as pleased with the Florida League of
Cities meeting this year as she was last year. Commissioner Archer stated there were some
scheduling difficulties that could have made it a little better. However, Mrs. Archer stated
overall it was nice to see that those people who attended had the opportunity to network.
Furthermore, Mrs. Archer stated she is hoping that maybe there will be some input next year for
the scheduling of the meetings in an effort to make it more valuable.
Mrs. Archer stated she concurs with the public comments regarding the design for
the new library building and commented in looking at the two depictions of the design for the
library she feels they have gone astray from the original intention. Mrs. Archer continued to
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state that the new building looks like an airport terminal and she does not feel this is effective for
Delray Beach.
13.C.2. Commissioner Costin
Mr. Costin stated he feels the architectural consultant did not have input with
regard to the plan for the library. Mr. Costin stated he is very disappointed and is strongly
opposed to the library design.
Secondly, Mr. Costin commented about the presentation with regard to Zerlean
Williams, and stated he feels we are very fortunate to have people like this in our community.
Mr. Costin stated after the election campaign he had some extra funds which Ms. Williams used
to help the children obtain library cards. Mr. Costin suggested that Zerlean Williams be
recognized and commended for her efforts with the children.
Mr. Costin stated he feels the community is very fortunate to have someone like
Marjorie Ferrer, Downtown Coordinator. In addition, Mr. Costin stated without Marjorie Ferrer
many things in this town would not happen.
Mayor Perlman announced that Zerlean Williams has been added to the
Downtown Master Plan Implementation Committee.
13.C.3. Commissioner McCarthy
Ms. McCarthy stated there are many volunteers in the City who put programs in
place because they have a particular love or passion for it. Ms. McCarthy stated there is a
Volunteer Appreciation held every year and the Commission receives applications at least once a
year for things like the Glory Awards where you can put forth some names of these people who
do tutorial programs which help children academically. Ms. McCarthy suggested that the
Commission put forth some more names of these unsung heroes because they are doing amazing
things for the betterment of the City.
13.CA. Commissioner Levinson
Mr. Levinson reiterated comments expressed by Mrs. Archer with regard to the
League of Cities meeting.
Secondly, Mr. Levinson stated he too welcomed the Economic Development
Director, Randy Welker yesterday. Mr. Levinson stated he was wondering in order to title in
relationship with the City, how we might give him some quasi official capacity with the City.
Mr. Levinson stated he feels it will have some impact if he carries a City card in addition to a
Chamber card since this is a contract position for the City. Mr. Levinson stated that maybe there
is some way to work this out to give him some apparent authority.
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13.C.5. Mayor Perlman
Mayor Perlman concurs with comments expressed about the library and stated he
feels that no one is pleased with the design. Mayor Perlman stated the library is one of those
buildings that is a signature building in a community and he feels we should take the time to do it
right.
Mrs. Archer stated the library designs have made its way around the City and she
feels they have tried to ramrod the designs through to a certain extent. Mrs. Archer stated she is
very uncomfortable with this.
Mayor Perlman stated he feels they need to revisit the library design for the new
building and directed the City Manager to draft a letter to the Board Chair with a copy to Mr.
Callahan.
With regard to the Marina, Mayor Perlman stated this is in the Capital
Improvement budget next year to make those repairs and no complaints about electric have been
made. Mayor Perlman stated this attempt was created to have a fair rate that is competitive with
other cities.
With regard to the League of Cities, Mayor Perlman stated he had a conversation
with a City Commissioner from Stuart who commented about the progress in Delray. Mayor
Perlman stated this is just another example of another community looking to Delray as a model.
In addition, Mayor Perlman stated they had lunch with the Mayor of Lake Worth who is getting
ideas from Delray Beach and has brought some Delray staff to Lake Worth to consult.
Mayor Perlman commented that the Budget Hearings are forthcoming and
encouraged Commissioners who have not met with the City Manager to do so before next
week's Budget Workshop meeting.
Mr. Levinson inquired about the Capital Improvement Budget and the City
Manager stated the Commission should have this before the Budget Workshop meeting next
week.
Mayor Perlman stated Jeff Costello, Assistant Planning Director, had hip
replacement surgery and everything went well. Mayor Perlman stated Mr. Costello is currently
at JFK Hospital and should be home in a few days.
There being no further business, Mayor Perlman declared the meeting adjourned
at 8:50 p.m.
City Clerk
-24-
08/19/03
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 August 19,
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.
-25-
08/19/03
13.C.5. Mavor Perlman
Mayor Perlman concurs with comments expressed about the library and stated he
feels that no one is pleased with the design. Mayor Perlman stated the library is one of those
buildings that is a signature building in a community and he feels we should take the time to do it
right.
Mrs. Archer stated the library designs have made its way around the City ilnd she
feels they have tried to ramrod the designs through to a certain extent. Mrs. Archer stated she is
very uncomfortable with this.
Mayor Perlman stated he feels they need to revisit the library design for the new
building and directed the City Manager to draft a letter to the Board Chair with a copy to Mr.
Callahan.
With regard to the Marina, Mayor Perlman stated this is in the Capital
Improvement budget next year to make those repairs and no complaints about electric have been
made. Mayor Perlman stated this attempt was created to have a fair rate that is competitive with
other cities.
With regard to the League of Cities, Mayor Perlman stated he had a conversation
with a City Commissioner from Stuart who commented about the progress in Delray. Mayor
Perlman stated this is just another example of another community looking to Delray as a model.
In addition, Mayor Perlman stated they had lunch with the Mayor of Lake Worth who is getting
ideas from Delray Beach and has brought some Delray staff to Lake Worth to consult.
Mayor Perlman commented that the Budget Hearings are forthcoming and
encouraged Commissioners who have not met with the City Manager to do so before next
week's Budget Workshop meeting.
Mr. Levinson inquired about the Capital Improvement Budget and the City
Manager stated the Commission should have this before the Budget Workshop meeting next
week.
Mayor Perlman stated Jeff Costello, Assistant Planning Director, had hip
replacement surgery and everything went well. Mayor Perlman stated Mr. Costello is currently
at JFK Hospital and should be home in a few days.
There being no further business, Mayor Perlman declared the meeting adjourned
at 8:50 p.m.
~H~~~~
City Clerk
-24-
08/19/03
...-.
ATTEST:
Mk4
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 August 19,
2003, which Minutes were formally approved and adopted by the City Commission on
September 9. 2003
~~~
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they are not
the official Minutes of the City Commission. They will become the official Minutes only after
review and approval which may involve some amendments, additions or deletions as set forth
above.
-25-
08/19/03