09-09-03
SEPTEMBER 9. 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, September 9,2003.
1. Roll call showed:
Present - Commissioner Patricia Archer
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Ab sent - Commissioner Bob Costin
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Barbara Garito, City Clerk
2. The opening prayer was delivered by Reverend Dan Casselberry with Cason
United Methodist Church.
3. The Pledge of Allegiance to the flag of the United States of America was given.
4. AGENDA APPROVAL.
Mayor Perlman noted the addition of Item S.R.S., Purchase award to
Scoreboard Enterprises and Item S.T., Resolution No. 61-03 to the Consent Agenda by
addendum.
Mayor Perlman stated with regard to Item 9.B., Conditional Use
Reauest/Cotta2e Preschool the applicant has requested a six month extension.
Mayor Perlman stated the applicant has requested Item 9.D., Conditional Use
Reauest for Excel Restaurant be postponed until October 7,2003.
Mayor Perlman stated the applicant has requested Item 9.F., Appeal of Site Plan
Review and Appearance Board Decision/Borton Motors be postponed until October 7,2003.
Mayor Perlman stated the applicant has requested Item 9.H., Special Event
Reauest/Hoops 4 All be removed from the Agenda.
The City Attorney noted there is a request to move Item S.A., Final Boundarv
Plat Approval/Ocean Citv Lofts to the Regular Agenda as Item 9.A.A. In addition, the City
Attorney requested Item S.Q., MacArthur Grant Renewal be removed from the Consent
Agenda and moved to the Regular Agenda as Item 9.A.A.A.
Mr. Levinson requested that Item 9.1., C. Spencer Pompey Sculpture be moved
up on the Regular Agenda as Item 9.A.A.A.A.
Mrs. Archer moved to approve the Agenda as amended, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson -
Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote.
5. APPRO V AL OF MINUTES:
Mr. Levinson moved to approve the Minutes of the Regular Meeting of August
19, 2003, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes. Said motion
passed with a 4 to 0 vote.
Ms. McCarthy moved to approve the Minutes of the Special Meeting of August
26, 2003, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion
passed with a 4 to 0 vote.
6. PROCLAMATIONS:
6.A. Rec02nizin2 and Commendin2 the Delray Beach Ocean Rescue Competition
Team
Mayor Perlman read and presented a proclamation hereby recognizing and
commending the Delray Beach Ocean Rescue Competition Team. The following individuals
came forward to accept proclamations:
. Operations Supervisor Heather Irurzun, - 18t Place Winner
And for superior achievement:
. Ocean Rescue Officer Jo Wagenhals, EMT
. Ocean Rescue Officer Amy Schwarz, EMT
. Ocean Rescue Officer Regis Smeltz, Paramedic - EMT
. Ocean Rescue Officer Shawn Gibson, Paramedic - EMT
. Ocean Rescue Officer Chris Roog, EMT
. Ocean Rescue Officer Nina Mattos, EMT
. Ocean Rescue Officer Justin Capodieci, EMT
6.B. Sickle Cell Awareness Month - September 2003
Mayor Perlman read the Sickle Cell Awareness Month proclamation and noted
this proclamation will be mailed.
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7. PRESENTATIONS:
7.A. "Delrav Beat" - Dr. Neil Fried
Dr. Neil Fried, 5320 Jog Lane, Delray Beach, presented the City of Delray Beach
with a CD in which he wrote the lyrics for the song entitled "Delray Beat".
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS
ITEM 9.A.A.
8.B. ACCEPTANCE OF EASEMENT DEED/MALLORY SOUARE: Approve
and accept an easement deed from Mallory Square Delray, Ltd. for the maintenance of a
sidewalk along S.E. 4th Street and S.E. 6th Avenue.
8.C. GRANTING OF UTILITY EASEMENT DEED/FLORIDA POWER AND
LIGHT: Approve a utility easement granting to Florida Power and Light a 10 foot utility
easement over City owned property adjacent to the Florida East Coast Railway, north of S.E. 4th
Street for the Tropical Awning development project.
8.D. RESOLUTION NO. 57-03: Approve Resolution No. 57-03 abandoning Green
Parkway right-of-way, located between Linton Boulevard and Black Olive Boulevard, 900' east
of Homewood Boulevard, reserving an easement for utilities.
The caption of Resolution No. 57-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING GREEN PARKWAY RIGHT-OF-WAY,
LOCATED BETWEEN LINTON BOULEVARD AND BLACK
OLIVE BOULEVARD, APPROXIMATELY 900 FEET EAST
OF HOMEWOOD BOULEV ARD, AS MORE P ARTICULARL Y
DESCRIBED HEREIN, BUT RESERVING AND RETAINING
TO THE CITY A UTILITY EASEMENT OVER THE ENTIRE
AREA THEREOF, AS MORE P ARTICULARL Y DESCRIBED
HEREIN.
(The official copy of Resolution No. 57-03 is on file in the City Clerk's office.)
8.D.I. ACCEPTANCE OF HOLD HARMLESS AGREEMENT: Approve and
accept a hold harmless agreement for improvements placed within a utility easement between the
City and the Pines of Delray Homeowners' Association for Green Parkway.
8.E. RESOLUTION NO. 58-03: Approve Resolution No. 58-03 supporting the
Beach Renourishment Project.
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The caption of Resolution No. 58-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, SUPPORTING BEACH
RENOURISHMENT PROJECTS IN COASTAL
MUNICIPALITIES IN THE STATE OF FLORIDA AND
AFFIRMING ITS WILLINGNESS AND ABILITY TO
PROVIDE LOCAL MATCH FUNDING.
(The official copy of Resolution No. 58-03 is on file in the City Clerk's office.)
8.F. RESOLUTION NO. 59-03: Approve Resolution No. 59-03 supporting
electronic notice publication.
The caption of Resolution No. 59-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, SUPPORTING GOVERNMENT
USE OF ELECTRONIC NOTICE PUBLICATION OF LEGAL
NOTICES AND DOCUMENTS AND NOTICES OF PUBLIC
MEETINGS; PROVIDING AN EFFECTIVE DATE.
(The official copy of Resolution No. 59-03 is on file in the City Clerk's office.)
8.G. RESOLUTION NO. 60-03: Approve Resolution No. 60-03 assessing costs for
abatement action required for the emergency board-up of an unsafe structure located at 3336
Avenue Villandry.
The caption of Resolution No. 60-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE
7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRA Y BEACH,
ASSESSING COSTS FOR ABATEMENT ACTION
REGARDING AN UNSAFE BUILDING ON LAND(S)
LOCATED WITHIN THE CITY OF DELRA Y BEACH;
SETTING OUT ACTUAL COSTS INCURRED BY THE CITY
TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE
COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE
DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF
THIS RESOLUTION, AND DECLARING SAID LEVY TO BE
A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID
ASSESSMENTS; PROVIDING FOR THE MAILING OF
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NOTICE.
(The official copy of Resolution No. 60-03 is on file in the City Clerk's office.)
8.H. SERVICE AUTHORIZATION NO. 17.1/MATHEWS CONSULTING. INC.:
Approve Service Authorization No. 17.1 to Mathews Consulting, Inc. in the amount of
$18,000.00 for the design of intersection improvements at West Atlantic Avenue and N.W. 24th
Avenue. Funding is available from 334-6120-519-31.90 (Other Professional Services).
8.1. SERVICE AUTHORIZATION NO. 11/CH2MHILL. INC.: Approve Service
Authorization No. 11 to CH2MHILL, Inc. in the amount of$28,784.00 for design and permitting
of the Aquifer Storage and Recovery (ASR) rehabilitation and pump replacement project.
Funding is available from 441-5122-536-31.30 (Engineering/Architectural).
8.J. CHANGE ORDER NO. l/FINAL P A YMENTIREPUBLIC
CONSTRUCTION AND DEVELOPMENT CORPORATION. INC.: Approve Change
Order NO.1 in the amount of a $955.36 decrease, and final payment in the amount of $3,991.93
to Republic Construction and Development Corporation, Inc. for the completion of the Beach
Lifeguard Towers Phase 1 project. Funding is available from 334-6112-519-62.14 (General
Construction FundIBeach Towers)
8.K. PALM BEACH COUNTY INTERLOCAL AGREEMENT: Approve an
interlocal agreement with the Palm Beach County Board of County Commissioners for the
reimbursement of funds to the City in an amount not to exceed $206,000.00 for the Southwest
Area Improvements Phase II Project.
8.L. HOUSING REHABILITATION GRANT/CONTRACT AWARDS: Approve
Housing Rehabilitation grant/contract awards through Community Development Division in the
amount of $12,967.50 to Preston Construction (338 N.W. lih Avenue) and $13,314.00 to South
Florida Construction (244 S.W. 5th Avenue). Funding is available from 118-1924-554-49.19
(SHIP Housing Rehabilitation Grant).
8.M. FY 2004 GOLF RATESILAKEVIEW GOLF COURSE: Approve the
proposed FY 2004 maximum golf rates for the Lakeview Golf Course.
8.N. FY 2004 GOLF RATES/MUNICIPAL GOLF COURSE: Approve the
proposed FY 2004 maximum golf rates for the Municipal Golf Course.
8.0. FY 2004 TENNIS RATES/TENNIS CENTER: Approve the proposed FY
2004 maximum tennis rates for the Tennis Center.
8.P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period August
18,2003 through September 5,2003.
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~ THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS
ITEM 9.A.A.A.
8.R. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Don Reid Ford, Inc. in the amount of$48,418.00 via the
Florida Sheriffs Association and Florida Association of Counties Bid for
the purchase of two (2) utility body trucks for the Environmental Services
Department. Funding is available from 441-5143-536-64.20 and 441-
5144-536-64.20 (Automotive).
2. Purchase award to Rayside Truck & Trailer in the amount of $16,330.00
for the purchase of two (2) truck mounted hydraulic hoist for two (2) utility
body trucks. Funding is available from 441-5143-536-64.90 and 441-5144-
536-64.90 (Other Machinery/Equipment).
3. Purchase award to the Cues Corporation in the amount of $46,500.00 for
the purchase of a sanitary sewer main line and lateral camera system for the
Environmental Services Department. Funding is available from 441-5141-
536-64.90 (Other Machinery/Equipment).
4. Purchase award to Sander's Company, Inc. in the amount of $26, 175.00 for
the purchase of a dry pit submersible pump for Lift Station 50. Funding is
available from 441-5144-536-64.90 (Other Machinery/Equipment).
5. Purchase award to Nortrax in the amount of $17, 195.00 for the purchase of
a hydraulic broom attachment for the Construction Division backhoe
loader. Funding IS available from 441-5145-536-64.90 ( Other
Machinery /Equi pment).
6. Lease award to Ikon Office Solutions in the total amount of $29,236.68
over a three (3) year term via the Miami-Dade Contract #143-BB05 for the
lease of a Canon Image Runner 105 Digital Copier for the City Clerk
Department. Funding is available from 001-1411-512-44.30 (General
Fund/Equipment ).
7. Purchase award to A2000 Network Solutions, Mission Critical Systems,
Inc. and CompUSA in the total amount of $52,242.00 via State Contracts
#250-000-03 and #250-000-03-1 for an intrusion detection system for the
MIS Department. Funding is available from 334-6112-519-66.10 (General
Renewal & Replacement Fund) and various line items in MIS budget (001-
1811-513).
8. Purchase award to Scoreboard Enterprises in the amount of $18,980.00 for
scoreboards for Miller Park. Funding is available from 115-4910-572-
64.90 (Other Machinery/Equipment).
8.S. PERMIT AND HOLD HARMLESS AGREEMENT/GARY AND ALLISON
ELIOPOULOS: Approve a permit and hold harmless agreement between the City and Gary &
Allison Eliopoulos regarding the moving of the Amelung House along public rights-of-way and
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the repair and/or replacement of landscaping, signs, and curbs.
S.T. RESOLUTION NO. 61-03: Approve Resolution No. 61-03 supporting the
kindergarten through eighth grade expansion of the Village Academy School.
The caption of Resolution No. 61-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, SUPPORTING A
KINDERGARTEN THROUGH EIGHTH GRADE PROGRAM
AT THE VILLAGE ACADEMY WHICH IS A DEREGULATED
PUBLIC SCHOOL WITH COMMUNITY BASED SUPPORT
LOCATED IN THE CITY OF DELRA Y BEACH.
(The official copy of Resolution No. 61-03 is on file in the City Clerk's office.)
Mrs. Archer moved to approve the Consent Agenda as amended, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote.
9. REGULAR AGENDA:
9.A.A. FINAL BOUNDARY PLAT APPROVAL/OCEAN CITY LOFTS: Approve
the boundary plat for Ocean City Lofts, located at the southeast corner of N.E. 2nd Street and
N.E. 4th Avenue and on the west side ofN.E. 4th Avenue, 100 feet south ofN.E. 2nd Street.
Mr. Levinson declared a Conflict ofInterest with this item.
Mrs. Archer moved to approve the final boundary plat for Ocean City Lofts,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer -
Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 3 to 0 vote.
9.A.A.A. MACARTHUR GRANT RENEWAL: Approve and ratify the renewal of the
MacArthur Foundation grant in the amount of $150,000.00 for a two (2) year period in support
of the NW/SW Management Team.
Mr. Levinson stated he would like to approve the $150,000.00 and ask staff to
review the allocation of dollars to see if there is a way to put in some action items that will
impact a development(s) in the area.
Prior to the vote, Mayor Perlman asked Ms. Butler if there is flexibility with the
grant. In response, Ms. Butler stated there is flexibility from the Foundation's purview and it is
up to the City to make the request.
Ms. McCarthy moved to approve and ratify the renewal of the MacArthur
Foundation grant in the amount of $150,000.00 for a two (2) year period in support of the
NW/SW Management Team, seconded by Mrs. Archer. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes.
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09/09/03
Said motion passed with a 4 to 0 vote.
9.A.A.A.A. C. SPENCER POMPEY SCULPTURE: Consider a request for the C. Spencer
Pompey Bust to be permanently displayed in the City Hall Lobby.
Lula Butler, Director of Community Improvement, stated a volunteer committee
was established in 2001 to authorize and provide fundraising for a C. Spencer Pompey bust
commemorating his life and contributions to the City of Delray Beach. Mrs. Butler stated the
fundraising is complete and noted this project began before Mr. Pompey passed away. The
committee considered the most appropriate place to display the bust is in the City Hall lobby.
Mrs. Butler stated staff expects the delivery of the bust by the end of this month and the
committee wishes to have an unveiling of the bust during the month of October which is also
Heritage Month.
Mr. Levinson moved to approve and authorize staff to display an artist's work in
the form of a life size bust of C. Spencer Pompey to be permanently displayed in the City Hall
lobby, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion
passed with a 4 to 0 vote.
9.A. DELRA Y BEACH MARINA RATES: Consider approval of a proposed rate
increase to forty-five cents per foot per day for use of the municipal marina facilities.
Joe Weldon, Director of Parks and Recreation, stated staff recommends increasing
the marina rates from thirty cents per foot per day to forty-five cents per foot per day. Mr.
Weldon stated staff conducted a survey of public and private marinas and there is only one
public and one private marina that have lower rates than the City of Delray Beach. Mr. Weldon
stated the marina rates have not been raised since December 1990. Mr. Weldon stated at forty-
five cents per day the City of Del ray Beach is still one of the lowest marinas in the area.
Jan Maler, 159 Marine Way #17, Delray Beach, spoke strongly opposing the
increase to the marina rates until major repairs are made to the docks.
Prior to the vote, Mayor Perlman stated the marina rates have not been raised
since 1990 and he feels this is a reasonable increase.
Ms. McCarthy commented that this property is owned by the City and she asked
staff if there is a way to modify the policy and inspect the docks regularly. Ms. McCarthy stated
if things are happening which are creating potential hazards to citizens on these docks, she feels
we should probably trouble shoot them versus waiting to respond if someone just calls. Mr.
Weldon stated one of the responsibilities of the Assistant Director of Parks and Recreation is that
he inspects the marina Monday through Friday.
Mr. Levinson moved to approve the marina rate increase to forty-five cents per
foot per day and also maintain the security deposits for any existing dock holders at the current
rate; and, that it be effective October 18t on the new license agreement to give people the
opportunity to make a decision and secure other dockage prior to the season when they will need
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09/09/03
to move to another dock if they so choose, seconded by Mrs. Archer. Upon roll call the
Commission voted as follows: Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes;
Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote.
9.B. CONDITIONAL USE REOUEST/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 a six month extension with regard to this item.
9.C. CONDITIONAL USE REQUEST/SAFE AND SECURE: Consider a request
for conditional use approval to allow the establishment of a self storage facility and a wholesale
storage facility for Safe and Secure, located on the west side of North Federal Highway,
approximately 890 feet south of Gulfstream Boulevard. (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.
Mrs. Archer stated she had a brief discussion with Mr. Weiner this morning. Mayor Perlman
stated he too spoke to Mr. Weiner as well as Ms. McCarthy and Mr. Levinson.
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 #2003-301 into the record.
Paul Dorling, Director of Planning and Zoning, stated on April 15, 2003, the City
Commission approved an amendment to the Land Development Regulations to add "Self Service
Storage Facilities" as a conditional use in the GC (General Commercial - North Federal
Highway Overlay District) along with specific development requirements. Two conditional use
applications have been submitted for the subject property. The first is to establish a self service
storage facility. The second application is to establish a wholesale storage facility along the west
side of the building that also maintains commercial floor area along Federal Highway for the
retail sale of goods.
At its meeting of August 18, 2003, the Planning and Zoning Board held a public
hearing in conjunction with the Conditional Use request and no one from the public spoke. After
discussing the proposal, the Board voted to recommend approval (5-1, Borchardt dissenting) of
the self service storage facility and wholesale storage facility subject to the conditions as listed in
the Planning and Zoning Staff Report on Pages 14-15 with the exception of condition #7 that a
minimum of 50% of the eastern building frontage comply with the required building setback
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along Federal Highway and that it be consistent with the North Federal Highway Plan. This
condition was recommended by the CRA and City staff to meet the intent of the North Federal
Highway Redevelopment Plan, which calls for the majority of the buildings to be brought to the
street with a maximum setback of 15 feet.
Michael Weiner, Attorney, representing the owner, Tri-Ed Properties, LLC, and
the applicant, The Pugliese Company, stated what is being considered this evening is two
conditional use requests; one to allow for a self-storage facility and the other to allow for a
wholesale storage facility to be housed in the building. Mr. Weiner stated the building will also
have some retail as well as wholesale uses and the wholesale storage facility will be operated in
connection with the retail uses as required under the Code. Mr. Weiner stated the Federal
Highway Corridor Plan had a number of different studies (November 1996 and March 1999) and
noted that there were actually three rezonings. Mr. Weiner stated the issue this evening is
whether or not the building should be more on the street then it is presently.
Ken Carlson, Architect, described the elevation and stated for the building to
function properly with regard to design, 40% of the building was brought forward to the 15 foot
setback and the balance of the frontage was recessed back to accommodate the proper parking
and pedestrian access to the retail space. Mr. Carlson stated to make the retail space truly
functional and attract people they constructed the parking and offset the frontage of the building.
In summary, Mr. Carlson stated he tried to create a pleasing structure without making it too
overpowenng. Mr. Carlson stated he feels this is an asset in meeting the intent of the Code
requirement and the North Federal Highway Plan.
Mayor Perlman stated anyone from the public who would like to address the
Commission regarding the Conditional Use request, to come forward at this time. No one from
the public came forward to speak in favor or in opposition of the Conditional Use request.
Mr. Levinson moved to approve the Conditional Use request to establish a Self
Service Storage Facility and Wholesale Storage Facility for Safe and Secure, based on positive
findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Conditional
Use Findings), and the policies of the Comprehensive Plan, subject to the conditions as contained
in the attached Planning and Zoning Staff Report excluding condition #7, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson -
Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 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. 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-I-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. Prior to consideration of passage of this ordinance, a
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public hearing has been scheduled to be held at this time. (Quasi-Judicial Hearing)
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. 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.
The Commission disclosed that they all received a letter from Janice Wilmoth.
The City Attorney stated Mr. Dorling has already been sworn in for the evening
and if there is anyone else who wishes to speak regarding Ordinance No. 23-03, to come forward
at this time to be sworn in. No one came forward at this time with the exception ofMr. Dorling.
Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning
Department project file #2003-255 and #2003-256 into the record.
Mr. Dorling stated the subject property consists of a portion of Lot 12 of the
Model Land Company Subdivision and is a 0.81 acre parcel that has been owned by the church
since 1982. Mr. Dorling stated this was prior to the citywide rezoning and adoption of the Land
Development Regulations in October 1990, when the majority of the Church's properties were
rezoned from R-1-AA to CF. Recognizing that this property should have been given FLUM and
rezoning designations consistent with the balance of the church property, the City Commission
approved the initiation of a corrective small-scale Future Land Use Map amendment from LD
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(Low Density) to CF (Community Facility) and rezoning from R-1-AA (Single Family) to CF
(Community Facility) on July 8,2003.
Mr. Dorling stated at its meeting of July 21,2003, the Planning and Zoning Board
held a public hearing in conjunction with the request and noted two people from public
expressed concerns with existing nuisances generated by the church and the expansion of the
church facilities on 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. 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-I.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.
Mayor Perlman declared the public hearing open. There being no one who
wished to address the Commission regarding Ordinance No. 23-03, the public hearing was
closed.
Mr. Levinson moved to adopt Ordinance No. 23-03 for the proposed small scale
FLUM Amendment from LD (Low Density Residential 0-5 dwelling units per acre) to CF-C
(Community Facilities - Church) and Rezoning from R-1-AA (Single Family Residential) to CF
(Community Facilities) for Trinity Lutheran Church based on positive findings with respect to
Future Land Use Element Policy A-I.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 consistency with the Goals, Objectives, and
Policies of the Comprehensive Plan on Second and FINAL Reading, seconded by Mrs. Archer.
Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes;
Mayor Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote.
10.B. RESOLUTION NO. 54-03 (TENTATIVE MILLAGE LEVY): A resolution
tentatively levying a tax on all properties within the City of Delray Beach for operation and
maintenance and for payment of principal and interest on bonded indebtedness for FY 2004.
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. 54-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON
ALL PROPERTIES WITHIN THE CITY OF DELRA Y BEACH,
FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO
TENTATIVELY LEVY A TAX FOR THE PAYMENT OF
PRINCIP AL AND INTEREST ON BONDED INDEBTEDNESS,
AND TO ALLOCATE AND APPROPRIATE SAID
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09/09/03
COLLECTIONS THEREUNDER.
(The official copy of Resolution No. 54-03 is on file in the City Clerk's office.)
The City Attorney announced that this resolution levies a tax on all properties in
the City of Delray Beach for fiscal year 2004 as follows: 7.52 mills for operation and
maintenance of the General Fund, 0.48 mills for the payment of principal and interest on bonded
indebtedness for a total of 8.00 mills as the millage rate. The rolled back rate calculated under
the TRIM law for operating purposes is 6.6911 mills. The millage rate is 12.39% above the
rolled back rate.
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.
Mayor Perlman declared the public hearing open. There being no one who
wished to address the Commission regarding Resolution No. 54-03, the public hearing was
closed.
Mrs. Archer moved to approve Resolution No. 54-03 tentatively levying a tax on
all properties within the City of Delray Beach for operation and maintenance and for payment of
principal and interest on bonded indebtedness for fiscal year 2004, seconded by Ms. McCarthy.
Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes;
Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote.
lO.C. RESOLUTION NO. 56-03 (TENTA TIVE MILLAGE LEVY/DDA): A
resolution tentatively levying a tax on all properties within the Downtown Development
Authority Taxing District of the City of Delray Beach for FY 2004. 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. 56-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON
ALL PROPERTIES WITHIN THE DOWNTOWN
DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE
CITY OF DELRA Y BEACH, FLORIDA, FOR MAINTENANCE
AND OPERATION, AND TO APPROPRIATE SAID
COLLECTIONS THEREUNDER.
(The official copy of Resolution No. 56-03 is on file in the City Clerk's office.)
The City Attorney stated this resolution levies a tax in the amount of 1.00 mill on
all properties within the Downtown Development Authority Taxing District of the City of Del ray
Beach for fiscal year 2004. This millage exceeds the 0.8697 rolled back rate calculated under the
TRIM law by 14.98%.
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09/09/03
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.
Mayor Perlman declared the public hearing open. There being no one who
wished to address the Commission regarding Resolution No. 56-03, the public hearing was
closed.
Mrs. Archer moved to approve Resolution No. 56-03 tentative millage levy for
the DDA a resolution tentatively levy a tax on all properties within the Downtown Development
Authority Taxing District for the City of Delray Beach for fiscal year 2004, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Archer
- Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote.
lO.D. RESOLUTION NO. 55-03 (TENTATIVE BUDGET ADOPTION FOR FY
2004): A resolution tentatively making appropriations of sums of money for all necessary
expenditures of the City of Delray Beach for the period October 1, 2003 through September 30,
2004. 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. 55-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, MAKING TENTATIVE
APPROPRIATIONS OF SUMS OF MONEY FOR ALL
NECESSARY EXPENDITURES OF THE CITY OF DELRAY
BEACH FOR THE PERIOD FROM THE 1 st DAY OF
OCTOBER, 2003, TO THE 30th DAY OF SEPTEMBER, 2004;
TO PRESCRIBE THE TERMS, CONDITIONS AND
PROVISIONS WITH RESPECT TO THE ITEMS OF
APPROPRIATIONS AND THEIR PAYMENT; AND TO
REPEAL ALL RESOLUTIONS WHOLL Y IN CONFLICT WITH
THIS RESOLUTION AND ALL RESOLUTIONS
INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT
OF SUCH INCONSISTENCY.
(The official copy of Resolution No. 55-03 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 Del ray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one who
wished to address the Commission regarding Resolution No. 55-03, the public hearing was
closed.
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09/09/03
Prior to the vote, the Assistant City Manager stated this does include those
changes the City Manager discussed with the Commission last week.
Ms. McCarthy moved to approve Resolution No. 55-03 which makes tentative
appropriations of sums of money for all necessary expenditures of the City of Delray Beach for
fiscal year 2004, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said
motion passed with a 4 to 0 vote.
lO.E. 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. 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. 27-03 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 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, "QUALIFICATIONS 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. 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.
Lula Butler, Director of Community Improvement, stated this ordinance
establishes and creates a new advisory board entitled the "Neighborhood Advisory Council".
Mrs. Butler stated to move this to the next level is to have a formalized way of neighborhood
associations being able to connect and provide recommendations and information directly to
their elected officials. Mrs. Butler stated staff s recommendation for this particular advisory
board is based on research in cities that have done very similar things as Delray Beach.
Furthermore, Mrs. Butler stated staff proposes a fifteen member board plus two youth
representatives and have also provided the Commission with a map dividing the city into six
sectors so that appointees will be throughout the community. If this ordinance is passed this
evening, staff will formally advertise for people who are interested in serving on the
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09/09/03
Neighborhood Advisory Board. The Board will meet once per month on a Monday evening and
staff hopes to form its first organizational meeting once appointments are made which will be
around the third week in October.
With regard to the students who will serve on the Neighborhood Advisory Board,
Mrs. Archer asked if the students will not only be high school students but middle school
students as well. In response, Ms. Butler stated staff thought the Delray Beach Youth Council
would be a good venue for this and noted the Delray Beach Youth Council includes both middle
and high school students.
Mr. Levinson stated he feels this is a great idea.
Mayor Perlman declared the public hearing open.
Jayne King, President of Progressive Residents of Delray (PROD) and speaking
on behalf of the organization, stated PROD supports the Neighborhood Advisory Board and they
feel it is an excellent vehicle for residents to share their common issues and make
recommendations that will improve the community. Mrs. King suggested that a few changes be
made to the proposed ordinance. With regard to the six zones, PROD suggests that the beach
side could be included in zone #6 versus zone #4 where it is currently located. PROD also feels
that in order for the Board to maximize its effectiveness, it is vital that applicants who have been
actively involved in their neighborhood associations and/or community organizations be a
majority of the members considered for the Board. PROD feels that neighborhood enhancement
should be equitable throughout the city and recommends applicants be chosen through a lottery
drawing rather than specific appointments by each Commissioner. In addition, PROD
recommends that the meeting time of the Board be scheduled so that there are no conflicts with
any other Board meetings and yet be convenient for working residents. Lastly, PROD
recommends that the majority of the at-large positions on the Board be actual residents involved
in community groups rather than business organizations.
There being no one else who wished to address the Commission regarding
Ordinance No. 27-03, the public hearing was closed.
Mr. Levinson moved to approve Ordinance No. 27-03 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, seconded by Mrs. Archer. Upon
roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote.
At this point, the Commission moved to Item 11, Comments and Inquiries on
Non-Agenda Items from the City Manager and the Public.
II.A. City Mana2er's response to prior public comments and inauiries.
The City Manager had no response to prior public comments and inquiries.
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09/09/03
ll.B. From the Public.
ll.B.I. Carolyn Zimmerman, 212 S.W. 2nd Avenue. Delrav Beach. representing the
President's Council, expressed concern over the appearance of the library and she feels the
building does not fit in with Delray. Miss Zimmerman stated the public was not brought back to
look at the drawings of the new library and she urged the Commission to think about this.
ll.B.2. Vin!:inia Snyder. 38 S. Swinton Avenue. Delrav Beach. urged the Commission
to reconsider the library building.
ll.B.3. Alice Finst. 707 Place Tavant. Delrav Beach. announced the library
presentation will be going before the Site Plan Review and Appearance Board tomorrow at 6:00
p.m. which will allow the public the opportunity to make comments regarding the library (three
minutes per person to speak). Mrs. Finst stated if anyone has questions they can access the
PROD website at www.askprod.org. Mrs. Finst stated this is a building that will be standing for
at least fifty years and she feels it should be right the first time.
ll.B.4. Patricia Wri2ht. 255 N.W. 14th Avenue. Delrav Beach. expressed concern over
an abandoned home located at 1331 N.W. 3rd Street and stated there are vagrants in the home.
Secondly, Ms. Wright asked if there is going to be a swale installed on the
property located at 15th A venue and 3rd Street. Staff informed Ms. Wright that this property will
be a retention pond and Mayor Perlman stated that staff will look into the abandoned home.
ll.B.5. Ted Walters. 2161 Jae2er Drive. Delrav Beach. expressed concern over his tax
bill. Mayor Perlman suggested that staff help assist in explaining the different items on the tax
bill to Mr. Walters.
At this point, the Commission moved to Item 9.D. of the Regular Agenda.
9.D. CONDITIONAL USE REQUEST/EXCEL RESTAURANT: Consider a
request for conditional use approval to allow the establishment of a 24-Hour or Late Night
Business to be located within 300 feet of residentially-zoned property for Excel Restaurant, to be
located within the Linton Square Shopping Center at the northeast corner of Linton Boulevard
and Congress Avenue. (Quasi-Judicial Hearing)
The applicant has requested that this item be postponed until October 7,2003.
9.E. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION/IRONWOOD PROPERTIES. INC.: Consider an appeal of a decision of the Site
Plan Review and Appearance Board's action regarding Mallory Square, located on the south side
of S.E. 3rd Street, between S.E. 5th Avenue and S.E. 6th Avenue. (Quasi-Judicial Hearing)
Mayor Perlman asked the Commission to disclose any ex parte communications.
No ex parte communications were disclosed.
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09/09/03
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 #2003-271 into the record.
The development proposal involves a Class 1 site plan modification for the
elimination of the requirement to install a tot lot at the recreation area within the Mallory Square
multiple family residential (townhome) development.
At its meeting of August 13, 2003, SPRAB considered the Class 1 site plan
modification for Mallory Square. The Board denied the Class 1 site plan modification as they
had concerns with respect to the lack of recreation areas for small children in this 84-unit
townhome development. Also, the Board noted they had similar concerns with the initial
approval of the Class V and attached the provision of a tot lot as a condition of approval.
Mr. Dorling stated the applicant wishes to eliminate the "Tot-Lot" apparatus, and
replace it with additional paver (deck) materials that would allow for seating areas (two tables
with large umbrellas and chairs) adjacent to the grill station because there was a "prospective
pool deck area deficiency and that a Tot-Lot is not the best use of this space." Additionally, the
applicant stated that "of the 84 townhomes, approximately 54 have been sold, and none of the
current owners/contract purchasers have small children that would use a tot lot."
The Board felt that the elimination of the tot lot is not appropriate and therefore,
they could not make positive findings with respect to the Open Space and Recreation Element
Policy A-3.1 of the Comprehensive Plan.
Mayor Perlman declared the public hearing open.
Alice Finst, 707 Place Tavant, asked if the impact fees will change in lieu of
dedication of land for recreation and will they be charged additional fees to make up for what
they are not putting in there.
Mr. Dorling stated this will not change the area that is being dedicated for
recreation use but it will change the type of recreation provided.
Mrs. Archer commented she feels it is imperative that the City provide children
with a place to go in the community and stated she is not in favor of waiving the request.
Prior to the vote, Mayor Perlman commented about Cary Glickstein's letter where
he states "I believe most SPRAB members agreed that the area 1 described was too small to
safely use as a tot-lot," Mr. Dorling stated there was some confusion about the dimensions and it
centered around two feet versus two feet more or less. There was an argument put forth that if
the dimensions were two feet smaller the apparatus being proposed would be too close for
children to safely use the equipment. However, Mr. Dorling stated this does not address the
issue of the two foot landscape strip within it and you can either (1) modify the landscaping or
(2) put in some equipment that is dimensionally appropriate for the area.
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09/09/03
Mr. Levinson stated the applicant made a commitment and feels he will live up to
his promise.
Mrs. Archer moved to approve the appeal of the Site Plan Review and
Appearance Board, seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Ms. McCarthy - No; Mayor Perlman - No; Mrs. Archer - No; Mr. Levinson - No.
Said motion to approve the appeal was denied with a 4 to 0 vote.
9.F. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION/BORTON MOTORS: Consider an appeal of a decision of the Site Plan Review
and Appearance Board's action regarding a site plan modification request for Borton Motors,
located on the east side of North Federal Highway, south of Gulfstream Boulevard. (Quasi-
Judicial Hearing)
The applicant has requested that this item be postponed until October 7,2003.
9.G. REQUEST FOR IN-LIEU PARKING SPACES/TAPAS RESTAURANT:
Consider a request by Tapas Restaurant for the purchase of four (4) in-lieu parking spaces in the
amount of $24,000.00. Tapas is located at 8 East Atlantic Avenue. (Quasi-Judicial Hearing)
Mayor Perlman asked the Commission to disclose any ex parte communications.
No ex parte communications were disclosed.
Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning
Department project file #2003-260 into the record.
At this time, the City Clerk swore in the applicant.
Mayor Perlman asked the applicant to come forward at this time.
Francisco Perez-Azua, 60 ~ N.E. 2nd Avenue, Delray Beach
(Architect/Applicant), stated he is here this evening to answer any questions the Commission
may have.
Mayor Perlman stated anyone from the public who would like to address the
Commission regarding the request, to come forward at this time. No one from the public came
forward to speak in favor or in opposition of the request.
Mr. Levinson moved to approve the request from Tapas Restaurant for the
purchase of four (4) in-lieu parking spaces, in the amount of $24,000 to be paid in full at the time
of submission of a building permit application, seconded by Mrs. Archer. Upon roll call the
Commission voted as follows: Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes;
Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote.
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09/09/03
9.H. SPECIAL EVENT REQUEST/HOOPS 4 ALL: Consider approval of a special
event request to allow the "Hoops 4 All, 3 on 3" event sponsored by A & Associates and the
Police Athletic League to be held October 25 and 26, 2003, from 9:00 a.m. until 4:00 p.m.;
granting a temporary use permit per LDR Section 2.3.6(H) for the closure of Atlantic Avenue
from N.W./S.W. 1st Avenue to N.W./S.W. 5th Avenue as well as the western portion of the
Tennis Center parking lot, and staff support for traffic control and security, EMS assistance,
trash clean up/removal, and bleacher set up; contingent upon sponsor providing a hold harmless
agreement and a certificate of liability.
This item has been withdrawn from the agenda at the request of the applicant.
9.1. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS
ITEM 9.A.A.A.A.
9.J. AWARD OF CONTRACT/LA W ENFORCEMENT SYSTEMS. INC.:
Consider approval of a contract between the City of Delray Beach and Law Enforcement
Systems, Inc. for the collection of backlogged parking citations and associated fees for a term of
three (3) years with two (2) one (1) year renewals.
Paul Dorling, Director of Planning and Zoning, stated the lowest bidder did not
fulfill all the requirements of the RFP. Therefore, staff recommends awarding the contract to
Law Enforcement Systems, Inc. (second lowest bidder).
Mr. Levinson moved to approve to award the RFP #2003-44 for the collection of
backlogged citations to Law Enforcement Systems, Inc. (second lowest bidder) for a period of
three (3) years with two (2) one (1) year renewal options, seconded by Ms. McCarthy. Upon roll
call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy -
Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote.
9.K. LAKE WORTH DRAINAGE DISTRICT: Consider a request authorizing the
Mayor to execute a letter requesting the Lake Worth Drainage District to annex properties on
N.W. 18th Avenue for adequate provision of flood protection.
Dick Hasko, Director of Environmental Services, stated last year improvements
were constructed on N.W. 18th Avenue in conjunction with the 2000 Roadway Bond Program.
Prior to that project, the roadway was shell rock with no drainage infrastructure or positive legal
outfall for storm water runoff from the adjacent industrial properties. With the completion of the
roadway and drainage construction, the storm water runoff from the parcels served by the new
infrastructure was routed to a dry retention area at the north end of the street discharging to the
Lake Worth Drainage District (LWDD) E-4 Canal.
Subsequent to permitting and construction of the improvements, staff became
aware that the properties which are now physically connected to the L WDD canal system were,
in fact, outside the boundaries of the District. Mr. Hasko stated a letter has been drafted for the
Mayor's signature requesting that the Lake Worth Drainage District annex the affected parcels.
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09/09/03
Mr. Levinson stated the City of Delray Beach has uniquely formed a better
relationship with the Lake Worth Drainage District (LWDD) recently and he feels this is a good
way to reinforce it.
Mr. Levinson moved to approve authorizing the Mayor to execute a letter
requesting the Lake Worth Drainage District to annex the affected parcels for adequate flood
protection, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes. Said motion
passed with a 4 to 0 vote.
9.L. PROPOSAL FOR SETTLEMENT IN PETRAGLIA v. CITY OF DELRA Y
BEACH: Consider a Proposal for Settlement in the amount of $1,000.00 in Petraglia v. City of
Delray Beach.
Mr. Levinson moved to approve the Proposal for Settlement in the amount of
$1,000.00 in Petraglia v. City of Delray Beach, seconded by Mrs. Archer. Upon roll call the
Commission voted as follows: Ms. McCarthy - No; Mayor Perlman - No; Mrs. Archer - No;
Mr. Levinson - No. Said motion to approve the settlement was denied with a 4 to 0 vote.
9.M. PROPOSAL FOR SETTLEMENT IN FLORIDA BLACKTOP v. CITY OF
DELRAY BEACH: Consider a Proposal for Settlement in the amount of $750,000.00 in
Florida Blacktop v. City of Del ray Beach. Staff recommendation is denial.
Mr. Levinson moved to approve the proposal for settlement in the amount of
$750,000.00 in Florida Blacktop v. City of Del ray Beach, seconded by Ms. McCarthy. Upon roll
call the Commission voted as follows: Mayor Perlman - No; Mrs. Archer - No; Mr. Levinson-
No; Ms. McCarthy - No. Said motion to approve the settlement was denied with a 4 to 0 vote.
9.N. ADULT ENTERTAINMENT AND ALCOHOLIC BEVERAGE
ESTABLISHMENTS: Provide direction to staff regarding Land Development Regulations
(LDR) and Code of Ordinance amendments for adult entertainment and alcoholic beverage
establishments.
The City Attorney stated this ordinance deals with alcoholic beverage
establishments and their distance from adult entertainment establishments. The City Attorney
continued to state this request is before the Commission so that there is a "zoning in progress"
regarding these issues of distance and overall this strengthens what we currently have in place.
The City Attorney stated she would like the consent of the Commission to start the zoning
process by sending it to Planning and Zoning Board for their review and it will then be brought
back to the Commission for first and second reading.
Prior to the vote, Ms. McCarthy asked if there is something in the ordinance about
the distance of alcoholic beverage establishments from schools as well. The City Attorney stated
that the ordinance states "No adult entertainment establishment shall be located closer than one
thousand (1,000) feet from any house of worship, school, residential zoning district,........" and
noted that this section of the ordinance is not being changed.
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09/09/03
Mr. Levinson moved to approve to direct staff to initiate the changes, seconded by
Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson
- Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote.
9.0. RA TIFICA TION OF APPOINTMENT TO THE PARKING
MANAGEMENT ADVISORY BOARD: Ratify the appointment of Mark Krall as the
Planning and Zoning Board representative on the Parking Management Advisory Board for a
term ending August 31,2005.
Mayor Perlman stated he wished to ratify the appointment of Mark Krall as the
Planning and Zoning Board representative on the Parking Management Advisory Board. Mr.
Levinson so moved, seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes.
Said motion passed with a 4 to 0 vote.
9.P. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one
(1) alternate member to the Code Enforcement Board for an unexpired term ending January 14,
2005. Based upon the rotation system, the appointment will be made by Mayor Perlman (Seat
#5).
Mayor Perlman stated he wished to appoint Mark Behar as an alternate member
to the Code Enforcement Board for an unexpired term ending January 14, 2005. Mrs. Archer so
moved, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes. Said motion
passed with a 4 to 0 vote.
At this point, the Commission moved to Item 12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 28-03: Privately initiated Future Land Use Map (FLUM)
Amendment from LD (Low Density Residential 0-5 du/ac) to CF-C (Community Facilities-
Churches) for a 4.13 acre parcel ofland and rezoning from R-1-AA (Single Family Residential)
to CF (Community Facilities) for a 0.795 acre parcel ofland, located on the north side ofN.E. 6th
Street between N.E. 8th Avenue and Palm Trail for S1. Vincent's Ferrer Church. If passed, a
quasi-judicial public hearing will be scheduled for September 23,2003.
The caption of Ordinance No. 28-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE
FUTURE LAND USE MAP DESIGNATION AS
CONT AINED IN THE COMPREHENSIVE PLAN FROM LD
(LOW DENSITY RESIDENTIAL 0-5 DU/ AC) TO CF-C
(COMMUNITY FACILITIES-CHURCHES); ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION
PROCESS FOR SMALL SCALE LAND USE PLAN
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09/09/03
AMENDMENTS; AND REZONING AND PLACING LAND
PRESENTL Y ZONED R-l-AA (SINGLE F AMIL Y
RESIDENTIAL) DISTRICT IN PART AND CF
(COMMUNITY FACILITIES) DISTRICT IN PART TO CF
(COMMUNITY FACILITIES) DISTRICT; SAID LAND
BEING A PARCEL OF LAND LOCATED ON THE NORTH
SIDE OF NE 6TH STREET, BETWEEN NE 8TH AVENUE
AND PALM TRAIL, AS MORE P ARTICULARL Y
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, APRIL 2003"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 28-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance and announced this will be a
quasi-judicial hearing on the second reading (September 23, 2003).
Paul Dorling, Director of Planning and Zoning, stated prior to 1990 the entire
church property (9.8 acres) was zoned R-IAA (Single Family Residential). The zoning and
Future Land Use Map designation on the northern half (6.46 acres) of the parcel was changed to
CF (Community Facilities) with the Citywide Rezoning in 1990. The church has acquired three
additional lots (0.795 acres) southeast of the current church campus at the northeast corner ofNE
8th Avenue and NE 6th Street. The City Commission approved a City Initiated Corrective
Rezoning from R-IAA to CF on February 16, 1999. At the time, this portion of the property had
an underlying Future Land Use Map designation of LD (Low Density Residential 0-5 du/ac)
which was not changed as it was consistent with the proposed zoning of CF. The proposed
FLUM Amendment involves the southern half of the church property which includes the 3.335
acre parcel of land where the new gymnasium facilities, pre-kindergarten facility and meeting
hall exist and the newly acquired 0.795 acre parcel of land. The 0.795 acre parcel is to be
rezoned from R-I-AA to CF. The applicant (St. Vincent Ferrer Church) does not propose a
change in use of the property at this time.
At its meeting of August 18, 2003, the Planning and Zoning Board held a public
hearing in conjunction with the Rezoning and FLUM amendment requests. After discussing the
proposal, the Board unanimously voted 6-0 (Pike absent) to recommend that the requests 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 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the
Comprehensive Plan. Staff recommends approval because they feel it is appropriate.
Mr. Levinson moved to approve the FLUM Amendment from LD (Low Density
Residential 0-5 du/ac) to CF-C (Community Facilities - Church) for a 4.13 acre parcel ofland
and rezoning from R-I-AA (Single Family Residential) to CF (Community Facilities) for a 0.795
acre parcel of land, 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
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09/09/03
Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies
of the Comprehensive Plan, seconded by Ms. McCarthy. Upon roll call the Commission voted
as follows: Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy -
Yes. Said motion passed with a 4 to 0 vote.
12.B. ORDINANCE NO. 29-03: An ordinance adopting and enacting a new City
Code of Ordinances as reprinted and codified by the Municipal Code Corporation. If passed, a
public hearing will be scheduled for September 23,2003.
The caption of Ordinance No. 29-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA ADOPTING AND
ENACTING A NEW CODE OF ORDINANCES OF THE
CITY OF DELRA Y BEACH, FLORIDA; PROVIDING FOR
THE REPEAL OF CERTAIN ORDINANCES NOT
INCLUDED THEREIN; PROVIDING FOR THE
AMENDMENT OF THE CODE OF ORDINANCES; AND
PROVIDING A SAVINGS CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 29-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
The City Clerk stated the Code of Ordinance book is now updated through
Ordinance No. 19-03 (approved on July 22, 2003) and is up and running on the website. The
City Clerk stated she is very proud of this accomplishment.
Ms. McCarthy moved to approve Ordinance No. 29-03 on FIRST Reading,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes;
Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4
to 0 vote.
12.C. ORDINANCE NO. 30-03: An ordinance amending Chapter 51, "Garbage and
Trash", of the City Code of Ordinances by amending Section 51. 70, "Regular Charges Levied",
to provide for increasing contracted garbage, trash, recycling, vegetation, and bulk waste
collection service rates by 2.2% for FY 2004. If passed, a public hearing will be scheduled for
September 23,2003.
The caption of Ordinance No. 30-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51,
"GARBAGE AND TRASH", OF THE CODE OF ORDINANCES
OF THE CITY OF DELRA Y BEACH, BY AMENDING
SECTION 51.70, "REGULAR CHARGES LEVIED", TO
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09/09/03
PROVIDE FOR INCREASED RESIDENTIAL AND
COMMERCIAL COLLECTION SERVICE RATES FOR FY
2004; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 30-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
For the benefit of the public, the City Manager stated this increases the rates by
2.2%.
Mrs. Archer moved to approve Ordinance No. 30-03 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson -
Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes. Said motion passed with
a 4 to 0 vote.
12.D. ORDINANCE NO. 31-03: An ordinance amending Chapter 53, "Sanitary
Sewers", of the City Code of Ordinances by amending Section 53.130, "User Charges;
Wholesale Sewer Rates; Calculation of Sewer Surcharge", to provide for an increase of .09 cents
per 1,000 gallons for treatment costs. If passed, a public hearing will be scheduled for
September 23,2003.
The caption of Ordinance No. 31-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 53,
"SANITARY SEWERS", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRA Y BEACH, BY AMENDING SECTION
53.130, "USER CHARGES; WHOLESALE SEWER RATES;
CALCULATION OF SEWER SURCHARGE", SUBSECTION
53. 130(D), TO PROVIDE FOR INCREASED RESIDENTIAL
AND NONRESIDENTIAL/COMMERCIAL RATES FOR FY
2004; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 31-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
The City Manager stated this is to pass through the increase in the treatment
charge from the South Central Regional Wastewater Treatment and Disposal Board
(SCRTWTD). The increase is .09 cents per thousand gallons.
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09/09/03
Mr. Levinson moved to approve Ordinance No. 31-03 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy -
Yes; Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a
4 to 0 vote.
12.E. ORDINANCE NO. 36-03: An ordinance amending Chapter 35, "Employee
Policies and Benefits", subheading "Retirement Plan", of the City Code of Ordinances to
increase the contribution requirement for general employees from zero to 2% of their basic
compensation. Ifpassed, a public hearing will be scheduled for September 23,2003.
The caption of Ordinance No. 36-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH FLORIDA, AMENDING
CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS",
SUBHEADING "RETIREMENT PLAN", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRA Y BEACH BY
AMENDING SECTION 35.095, "CONTRIBUTIONS OF
PARTICIPANT AND CITY", SUBSECTION 35.095(A),
"P ARTICIP ANT'S CONTRIBUTION ACCOUNT", TO
PROVIDE FOR CHANGES TO CERTAIN PARTICIPANT
CONTRIBUTIONS; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 36-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Mr. Levinson moved to approve Ordinance No. 36-03 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman -
Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4
to 0 vote.
12.F. ORDINANCE NO. 35-03: An ordinance amending Chapter 117, "Landlord
Permits", of the City Code of Ordinances by amending Section 117.02, "Permit Fees" to provide
for a $15.00 increase in landlord permit fees. If passed, a public hearing will be scheduled for
September 23,2003.
The caption of Ordinance No. 35-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 117, "LANDLORD PERMITS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 117.02, "PERMIT
FEES", TO PROVIDE FOR AN INCREASE IN THE FEES
CHARGED AND CLARIFYING THAT THE FEES ARE NOT
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09/09/03
PRORATED; AMENDING SECTION 117.04, "APPEALS" TO
CLARIFY THAT NOTICE SHALL BE WRITTEN;
AMENDING SECTION 117.05, "INSPECTIONS" , TO
CLARIFY THAT UNITS MUST COMPLY WITH ALL CITY
CODES; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 35-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Mayor Perlman stated a few years ago Will McCollom of the Police Department
asked if staff could provide some training. Lula Butler, Director of Community Improvement,
stated staff has a program and will provide training.
Mrs. Archer moved to approve Ordinance No. 35-03 on FIRST Reading,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer -
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with
a 4 to 0 vote.
At this point, the Commission moved to Item 13, Comments and Inquiries on
Non-Agenda Items.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
B.A. City Mana2er.
The City Manager stated he enjoyed his vacation and is glad to be back.
13.B. City Attorney.
The City Attorney had no comments and inquiries on non-agenda items.
13.C. City Commission.
13.C.1. Commissioner Archer
Mrs. Archer stated with regard to the new Atlantic High School site she
understands a fence has been installed that blocks the eastern entrance to Temple Sinai. Mrs.
Archer asked if there is some reason why the entrance is blocked and why the fence has to be so
far up.
The City Manager stated staff will look into this issue for Mrs. Archer.
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09/09/03
13.C.2. Commissioner McCarthv
Ms. McCarthy had no comments or inquiries on non-agenda items.
13.C.3. Commissioner Levinson
Mr. Levinson stated the Palm Beach County School Board passed their Operating
Budget and Capital Improvement Plan on Monday, September 8, 2003. Mr. Levinson stated the
start date for the middle school at the Seacrest site is set for 2008. There is an opportunity to
have the date moved up and the School Board is looking at class size reduction dollars which
they have budgeted. Mr. Levinson stated these dollars would be used to build additional
classrooms at existing schools to relieve the classroom size issue as well as potentially use some
of the money in that pot to build new middle schools which will also relieve the number of
students in classrooms. Mr. Levinson stated the start date of 2008 may actually get moved up
based upon the need for additional classrooms and this school may possibly be a middle school
of the arts. Mr. Levinson stated the big issue is there has been a huge move east of students and
the School Board recognizes that they need to maintain eastern sites for classroom expansion as
well as new schools.
Secondly, Mr. Levinson commented about Dr. Art Johnson recommending a
change. Mr. Levinson stated he spoke to Debra Robinson, Dr. Art Johnson, Tom Lynch and
numerous others approximately a month ago and they were able to get involved with the Capital
Plan Institute of the Village Academy K-8 Program which was ratified last night. He noted that
the high school is going to be considered in the bond issue and K-8 will stay in the five year plan
and if it passes, the bond issue will be utilized for the possibility of a high school. Mr. Levinson
stated the Palm Beach County School District has some operational concerns about a school that
small and its ability to offer some of the higher level courses needed.
Mr. Levinson commented that both the concerts and the Bed Race was great and
stated he would like to thank Nancy Stewart and Morgan Russell for their efforts to hold first
class events for the community.
Mr. Levinson congratulated the Police Department for winning the Labor Day
Challenge and commented that the weight lifting was incredible.
Mr. Levinson commented about the Chamber of Commerce Gala and
congratulated Rosalie Blood for being named the small business person of the year and noted she
has been a great asset to the community.
Mr. Levinson commented about a newspaper article which appeared in the Sun-
Sentinel dated July 22, 2003 which talks about the need for civic groups also referred to as Non-
Governmental Organizations (NGO's) to be held accountable meaning that these organizations
should respond to the needs of the people they affect, and should tell the public how they get
their money and what they do with it. Mr. Levinson stated he would like to see a copy of this
article distributed to the entire Commission and (through Lula Butler) to any of our organizations
that provide services. Mr. Levinson stated there has been discussion regarding the use of some
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09/09/03
of our dollars to assist them with training, etc. The City Manager stated the International City
Management Association has just issued a 20-page piece on holding non-profits accountable that
are providing services to local government and he hopes to get some good ideas from this. Mr.
Levinson stated he would like to see the City wrap this into a nice package which would (A)
provide training and service, and (B) hold non-profit organizations accountable.
Mr. Levinson commented about handbills being placed on automobiles on a
Friday and Saturday evening particularly since the ordinance has recently been changed. Mr.
Levinson suggested that a letter be sent to those organizations that are distributing these
handbills and that staff follow-up with regard to this issue.
Mr. Levinson welcomed back the City Manager who just returned from vacation.
Mr. Levinson commented about an article in the Florida League of Cities
magazine that he feels is right on for what Delray has been doing for the last 15 years which is
the NIMTO ("Not in my term of office"). However, Mr. Levinson feels that this Commission
has certainly broken this mold.
13.CA. Mavor Perlman
Mayor Perlman stated he had the opportunity to attend a luncheon today at the
Office Depot Center (Chairman's Club) with Bruce Nelson (Chairman & CEO of Office Depot,
Inc.) and Sam Mathis who both live in Delray. Mayor Perlman stated both of these men are
getting involved in the National Conference for Community and Justice (NCCJ) formerly the
National Conference of Christians and Jews. There will be a "Walk as One" Walk-a-thon on
Saturday, October 18, 2003, at the Office Depot Center and they are asking for teams and hopes
staff will spread the word. Furthermore, Mayor Perlman stated he feels this really fits in with
what Delray Beach is trying to do.
Secondly, Mayor Perlman congratulated the Tennis Center staff for being named
the best tennis courts by Palm Beaches.com. In addition, Mayor Perlman stated the Tennis
Center staff also received some very high praise from Office Depot which has a corporate
league.
Mayor Perlman stated the Fire Department is holding a 9/11 event on Thursday.
In addition, on the same day at 6:00 p.m. at the south end of the beach there will be a memorial
of the 100th Anniversary of the Delray Wreck in which nine people were lost off the coast of
Delray. Mayor Perlman stated there are relatives coming from all over and the guest speaker is
from Liverpool, England.
Mayor Perlman stated the CRA arranged for Robert Gibbs, who is a nationally
renowned planner and retail consultant, to come to Delray Beach last Friday and spend
approximately three hours talking about retail trends, parking, and festivals. Mayor Perlman
stated he felt that Mr. Gibbs had some great points, and with regard to parking, he suggested that
a good strategy would be to open up the garages for free for approximately the first two hours to
encourage people that they are safe. Then, the City could charge for anything beyond the first
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09/09/03
two hours. With regard to festivals/special events, Mayor Perlman stated Mr. Gibbs suggested
that the City of Delray measure traffic counts to see if we are getting a bang for the buck. Mr.
Gibbs stated that a good way to do this would be for the merchants to get together and give
discount coupons to people who attend these special events as an incentive to get them to come
back to the downtown area.
Mayor Perlman announced that CBS will be here tomorrow to interview the
Home Front Security and stated Delray Beach will be on the national nightly news on September
11,2003 at 6:30 p.m.
Mayor Perlman welcomed back Jeff Costello, Principal Planner, who recently had
to undergo hip replacement surgery.
Mayor Perlman stated he had the opportunity to greet the Boynton Beach Little
League at Motorola. Mayor Perlman stated he received a letter from Mayor Gerald Broening of
Boynton Beach thanking him for showing support. Mayor Perlman stated he would like to
recognize the Boynton Beach Little League and noted Mr. Ladizinsky will be working on this.
Mayor Perlman publicly thanked and commended the City Attorney's office for
the number of successes they have had recently.
With regard to the library, Mayor Perlman commented about an article about the
new County library which is being built west of Del ray Beach. Mayor Perlman stated the library
is 30,000 square feet which makes it comparable to what the City is looking at and also
commented about the $6.4 million for construction costs.
With regard to the Chamber of Commerce Gala, Mayor Perlman stated he would
like a letter to be sent to Rosalie Blood (Blood's Hammock Groves) and commented she has
been in business for 53 years.
Mayor Perlman congratulated Lula Butler, Director of Community Improvement,
who was the recipient of the 2003 Business Recognition Award and the 2003 Ken Ellingsworth
Community Service Award and stated the Commission is very proud of her. In addition, Robert
Barcinski attended the Chamber of Commerce Gala and received an award for the Delray Beach
manna.
Mayor Perlman congratulated Brad Fitzer, Division Chief of Administration, who
has accepted a position of Fire Chief in Abilene, Texas which is a community of approximately
118,000. Mayor Perlman stated although this is a loss to the City of Delray Beach it is a
testament to the development that goes on here and commented that we are sending people out
into the world who are going into prestigious positions in big cities.
With regard to the web site, Mayor Perlman commented about communicating
more frequently through the "Mayor's desk column" on mydelraybeach.com.
-30-
09/09/03
At this point, the time being 8:30 p.m., Mayor Perlman adjourned the Regular
Meeting and moved to Item 14, Closed Attorney/Client Session.
14. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: the
case of Rectory Park, L.C. v. the City of Del ray Beach, Florida.
Attendees: Mayor Jeff Perlman
Commissioner Pat Archer
Commissioner Jon Levinson
Commissioner Alberta McCarthy
City Manager David T. Harden
City Attorney Susan Ruby
Attorney Henry Handler
A certified court reporter
Purpose: Discuss settlement negotiations and strategy related to litigation
expenditures in the above case.
Mayor Perlman read the following statement into the record: "The City has
scheduled a closed attorney-client session pursuant to sFlorida Statutes 286.011(8) in the case of:
Rectory Park, L.C. vs. City of Delray Beach, Florida (D.C. Docket No. 01-08569-CV-DTKH).
The estimated length of the closed session shall be 30 minutes. The following persons will be
attending: Mayor Jeff Perlman, Commissioners Patricia Archer, Jon Levinson, Alberta
McCarthy, City Manager David T. Harden, City Attorney Susan Ruby, Attorney Henry Handler,
and a certified court reporter."
At this point, the time being 9:20 p.m., Mayor Perlman reconvened the Regular
Meeting and announced that the Closed Attorney/Client Session was terminated.
There being no further business, Mayor Perlman declared the meeting adjourned
at 9:23 p.m.
City Clerk
ATTEST:
MAYOR
-31-
09/09/03
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 September 9,
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.
-32-
09/09/03
At this point, the time being 8:30 p.m., Mayor Perlman adjourned the Regular
Meeting and moved to Item 14, Closed Attorney/Client Session.
14. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: the
case of Rectory Park, L.C. v. the City of DeIray Beach, Florida.
Attendees: Mayor Jeff Perlman
Commissioner Pat Archer
Commissioner Jon Levinson
Commissioner Alberta McCarthy
City Manager David T. Harden
City Attorney Susan Ruby
Attorney Henry Handler
A certified court reporter
.
Purpose: Discuss settlement negotiations and strategy related to litigation
expenditures in the above case.
Mayor Perlman read the following statement into the record: "The City has
scheduled a closed attorney-client session pursuant to ~Florida Statutes 286.011(8) in the case of:
Rectorv Park. L.C. vs. Citv of DeIrav Beach. Florida (D.C. Docket No. 01-08569-CV-DTKH).
The estimated length of the closed session shall be 30 minutes. The following persons will be
attending: Mayor Jeff Perlman, Commissioners Patricia Archer, Jon Levinson, Alberta
McCarthy, City Manager David T. Harden, City Attorney Susan Ruby, Attorney Henry Handler,
and a certified court reporter."
At this point, the time being 9:20 p.m., Mayor Perlman reconvened the Regular
Meeting and announced that the Closed Attorney/Client Session was terminated.
There being no further business, Mayor Perlman declared the meeting adjourned
at 9:23 p.m.
k1~
City Clerk
ATTEST:
8~A~~
-31-
09/09/03
--'---
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 September 9,
2003, which Minutes were formally approved and adopted by the City Commission on
September 23, 2003 ~U
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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]
-32-
09/09/03
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FORM 8B MEMORANDUM F: VOTING CONFLICT FOR
. COUNTY. MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAM~-FlRST _-""'DOLE ......e _ OF IOARO. CouNca.. COMMISSION. AlITHORITY. OR COOII.ImeE
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conIicl of w.r.st under Section 112.31~3. Florida Statutes.
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INSTRUCTIONS FOR COMPLIANCE WITH S~cnON 112.310t3, FLORlDASTATtJTES .
A person holding aJec:tiw or appo;"lhIe county. 1IlU!llcIpal. orO!her1oc:al publIt ofIIce MUSTAllStAl/illrDm ~ on il m-UIll WhIch .
Inures to Ills or her specllll priVllte gain or~. Each aIec:led or appoilir..l local ~ also II ~from lrncI....lolQltWlllngon._
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I to ... special privat. gain or loss of. busiMSS 1I8SOcllIt.. Commisaionetw of convnunity IWdeVlIlopment ..... under Sec. 163.356 or _
, 163.357. F.S.. .nd oIlicers ofindeperident specia!1lIx dIstric:ts elected on a one-ecra: _ _ basis .'" not prOhibited from W1ing in.lllat
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lno\herolrHliw. aon-ln-law..nd daughter-in-lew. A ."...mesa aaoc;iete"........ eny person or entity engaged In or cenylng on. business
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ELECTED OFFICERS:
In edcIIlion to ebalelnlng from WIing In'" alluationa dl.Cl1bed ..... you _ Ill..' I' lie contIic:t:_
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PRIOR 10 THE VOTE BEING TAKEN by pubIidy ~ to .. _arnbIy ... nelunI ofl'lll' lntentaIln ... ........ on which you
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.NOnCE:'~NDER PROVISIONS OF FJ.ORIDASTATUTES 1112.3n.A "A/tURETC) . E fJ.<< REQIJ/.REO QISCi.l:tSURE
CONSTITUTES GROUNDS FOR AND MAY eE PUNISHED ev ONE OR MORE OF THE FOllOWING: IMPEACHMENT.
REMOVAL OR SU~PENSION FROM OFFICE OR EMPLOYMENT. QEMOTION. REDUCTION IN SALARY. REPRIMAND. OR A
:M::::::O EXCEEO $10.000, PAGE~, J
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