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05-03-05 Minutes MAY 3. 2005 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Vice Mayor Levinson in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, May 3,2005. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Rita Ellis Vice Mayor Jon Levinson Commissioner Alberta McCarthy Ab sent - Mayor Jeff Perlman Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Brian Shutt, Assistant City Attorney Chevelle D. Nubin, City Clerk Vice Mayor Levinson stated he would like to dedicate the prayer to Marian Dillon Rabinowitz who was the President of Aid to Victims of Domestic Abuse (A VDA) who passed away suddenly over a week ago. He stated Commissioner Archer has now been nominated and made President of A VDA. 2. The opening prayer was delivered by Rabbi Chaim Wender with Temple Sinai. 3. The Pledge of Allegiance to the flag of the United States of America was gIven. 4. AGENDA APPRO V AL. Vice Mayor Levinson stated there is additional information for Item S.c., Soecial Event ReQuest/4th of Julv and Item 9.G., Amendment No. 1/License A2:reement/Pih!:rim Belle Cruises. LLC. He stated Item 9.A., Waiver ReQuest/Gramercv SQuare has been removed from the Agenda per the request of the applicant. In addition, Vice Mayor Levinson stated Item 6.D., Distin2:uished Mothers of the Year Proclamation is being added to the Agenda. He requested Item S.c., Soecial Event ReQuest/4th of Julv be moved to the Regular Agenda as Item 9.A.A. Ms. McCarthy moved to approve the Agenda as amended, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 5. APPRO V AL OF MINUTES: Mrs. Archer moved to approve the Minutes of the Regular Meeting of April 19, 2005, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote. 6. PROCLAMA TIONS: 6.A. Drive to Support the Arts Month - Mav 2005 Vice Mayor Levinson read and presented a proclamation hereby proclaiming May 2005 as Drive to Support the Arts Month. Mr. Bill Nix came forward to accept the proclamation. 6.B. National Preservation Month - Mav 2005 Vice Mayor Levinson read and presented a proclamation hereby proclaiming May 1, 2005 through May 31, 2005 as National Preservation Month to the Historic Preservation Planner. 6.C. Neurofibromatosis Awareness Month - Mav 2005 Vice Mayor Levinson read a proclamation hereby proclaiming May 2005 as Neurofibromatosis Awareness Month. He noted this proclamation will be mailed. 6.D. Distin2:uished Mothers of the Year -2005 Vice Mayor Levinson read a proclamation hereby congratulating Alberta McCarthy, Betsy Owen, Shirley Plummer, H. Ruth Pompey, and I. Elizabeth Wesley as the 2005 Distinguished Mothers of the Year. Ms. McCarthy came forward to accept the proclamation. 7. PRESENTATIONS: 7.A. 16th Annual DelAireIDelrav Citizens for Delrav Police - Charitv Golf Tournament - Perrv DonFrancisco Perry DonFrancisco, owner of Boston's on the Beach Restaurant, stated the residents of DelAire Country Club recently held their 16th Annual Charity Golf Tournament to benefit Delray Beach Fire-Rescue and Police. The funds raised at this event will be utilized by the Fire-Rescue and Police Department to purchase non- - 2 - 05/03/05 budgeted equipment to assist the entire community. The generosity ofDelAire allows the Fire-Rescue and Police Department to purchase advanced technological equipment and keeps the City current with the most lifesaving and crime fighting innovations. Harvey Lurey and Mel Katz came forward to present a check in the amount of $23,000 to Chief Schroeder and a check to Chief Koen in the amount of $23,000. In addition, a check in the amount of $5,000 was presented to Perry DonFrancisco. Mr. Lurey stated DelAire raised a total of $66,685 for one day of golf. Chief Koen and Chief Schroeder came forward to accept the checks and thanked DelAire for their continued support. At this time, Mr. Lurey recognized Dan Bernheim, President of DelAire for his efforts. 7.B. Police Department's Youth Vocational Charter School Presentation - First Presbvterian Church Dr. Theodore Bush (Reverend) First Presbyterian Church presented a check to Dr. Frank Little in the amount of $5,000 for the Youth Vocational Charter School. Dr. Frank Little, Director of the Youth Vocational Charter School, came forward to accept the check and thanked the First Presbyterian Church for their partnership with the Police Department, the local Board, and the students. Dr. Frank Little stated they will be increasing the student enrollment next year from 25 to 100 students and will be relocating to Delray Beach. He stated the money will be used for equipment and educational supplies for the students and thanked the Commission for their support. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RA TIFICA TION OF THE SOUTH CENTRAL REGIONAL WASTEWATER 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 April 21, 2005. 8.B. RIGHT OF ENTRY AGREEMENTS AND EASEMENT DEEDS/HIGH POINT: Approve and accept right of entry agreements and easement deeds to allow the City to go onto certain common areas of High Point West, Sections 2 and 3 to install a water main to increase the fire flow capacity. 8.C. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. - 3 - 05/03/05 8.D. SPECIAL EVENT REQUEST/HOWARD ALAN 11TH ANNUAL DELRA Y BEACH CRAFT FESTIVAL: Approve a special event request for the 11th annual Delray Beach Craft Festival sponsored by Howard Alan Events, Ltd. to be held from 10:00 a.m. until 5:00 p.m. on September 24 and September 25, 2005, granting a temporary use permit per LDR Section 2.4.6(H) for the closure ofN.E./S.E. 4th Avenue, two blocks south of Atlantic Avenue, and the Vittorio's parking lot for vendor parking, and authorize staff support for police security with the sponsor paying all overtime costs; contingent upon receipt of certificate of liability insurance. 8.E. SPECIAL EVENT REQUEST/2005 EXCLUSIVE SPORTS MARKETING VOLLEYBALL TOURNAMENT: Approve a request from Exclusive Sports Marketing for the 2005 Exclusive Sports Marketing Volleyball Tournament to be held at the municipal beach on June 11 and 12, 2005. 8.F. CHANGE ORDER NO. I/FINAL PAYMENT/CONSTRUCTION QUALITY CONTROL. INC.: Approve Change Order No. 1 in the amount of an $864.52 decrease, and final payment in the amount of$9,812.15 to Construction Quality Control, Inc. for construction of the Delray Swim and Tennis Storage Building Project. Funding is available from 117-4133-572-62.10 (Recreation Impact Fee Fund/Buildings). 8.G. CHANGE ORDER NO. I/FINAL PAYMENT/COLONNA CONSTRUCTION CO.. INC.: Approve Change Order No. 1 in the amount of a $44,893.09 decrease, and final payment in the amount of $12,670.75 to Colonna Construction Co., Inc. for the 2002 Sidewalk Improvement Program Project. Funding is available from 334-3162-541-65.61 (General Construction Fund/Downtown Pedestrian Network). 8.H. GRANT APPLICA TION/P ALM BEACH COUNTY PUBLIC LANDS GRANT PROGRAM: Approve the application for a 50%/50% matching grant in the estimated amount of $14,860.00 for the Palm Beach County Public Lands Grant Program for the removal of exotics and invasive vegetation at Barwick Park. Funding is requested from the 2005-2006 operating budget. 8.1. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Approve Housing Rehabilitation grant/contract award through the Community Development Division in the amount of $24,932.25 to South Florida Construction (925 S.W. loth Avenue). Funding is available from 118-1924-554-49.19 (State Housing Initiatives Partnership (SHIP) ProgramIHousing Rehabilitation). 8.J. PALM BEACH COUNTY AGREEMENT/FED CUP: Approve an agreement with the Palm Beach County Board of County Commissioners for the reimbursement of funds to the City in an amount up to $40,000.00 for expenses incurred by the City for the Fed Cup. - 4 - 05/03/05 8.K. PALM BEACH COUNTY GRANT/EMERGENCY MEDICAL SERVICES: Approve the application for a non-matching grant to the Palm Beach County Department of Emergency Medical Services in the amount of $41,199.50 to upgrade eight (8) Zoll M Series defibrillator/monitors and the purchase of two (2) AED's for the Fire-Rescue Department and approve Resolution No. 27-05. 8.L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period April 18, 2005 through April 29, 2005. 8.M. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Hartzell Construction, Inc. in the amount of $177,157.00 for the Southwest Area Sidewalk Project. Funding is available from 118-1965-554-63.11 (Community Development Fund/Southwest Area Sidewalk). 2. Contract award to Ranger Construction, Inc. in the amount of $112,948.50 for the 2005 Street Resurfacing Project. Funding is available from 334-3162-541-61.17 ( General Construction Fund/2005 Resurfacing). 3. Purchase award to A2000 Network Solutions, Inc. in the amount of $24,650.00 via the State Contract #250-000-03-1 for the purchase of switches and fiber connections to activate the fiber optic cables per the Adelphia Dedicated Capacity Agreement. Funding is available from 334-6111-521-64.11 ( General Construction Fund/Computer Equipment). 4. Purchase award to Hector Turf in the amount of $17,019.74 via the Florida State Contract #515-630-03-1 for the purchase of a Toro Groundsmaster 328-D Mower for the turf maintenance of the new park facilities. Funding is available from 001-4138-572-64.90 (General Fund/Other MachineryÆquipment). Ms. McCarthy moved to approve the Consent Agenda as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 9. REGULAR AGENDA: 9.A. WAIVER REQUEST/GRAMERCY SQUARE: Consider a waiver request to waive Land Development Regulations (LDR) Section 6.1.2(C)(3)(a), "Paving Widths", to reduce the required minimum paving width for an interior road from 24' to 20' for Gramercy Square, pursuant to LDR Section 2.4.7(B)(5), "Findings". (Quasi- Judicial Hearing) - 5 - 05/03/05 This item has been removed from the Agenda due to the applicant's request. 9.A.A. SPECIAL EVENT REQUEST/4th OF JULY: Approve a special event request for the 4th of July Celebration event to be held from noon until 12:00 midnight, including a temporary use permit per LDR Section 2.4.6(H) for the closure of Atlantic Avenue from the east side of N.E./S.E. 6th Avenue to Ocean Boulevard, and from the south side of Thomas Street to the north side of Miramar on Ocean Boulevard, waiver of City Ordinances 101.25 and 101.32 to allow assembly on the beach and vendors on AlA; and to allow all beach parking lots to remain open until midnight, staff support for security and traffic control, street barricading, banner hanging, stage set up/use, and clean up/trash removal. Robert A. Barcinski, Assistant City Manager, stated this is a request to grant a temporary use permit for the closure of Atlantic Avenue from the east side of NE/SE 6th A venue to Ocean Boulevard and from the south side of Thomas Street to the north side of Miramar on Ocean Boulevard from the south side of Thomas Street to the north side of Miramar on Ocean Boulevard from noon to midnight, to waive City Ordinances 101.25 "Commercial Enterprises" and 101.32 "Assemblies" to allow assembly on the beach and vendors, and to allow all beach parking lots to remain open to approximately midnight. The request also includes staff support for security and traffic control, street barricading and banner hanging, stage set up and use, and clean up and trash removal. Overtime costs for staff support are approximately $27,450, with barricade rental costs and portable lighting rental costs at about $2,500 and stage rental is $266. Prior to the vote, Vice Mayor Levinson stated based upon the partnership agreement with the Palm Beach Post he will not support the item because he believes it is inappropriate of the Joint Venture to partner with organizations who are in fact not good corporate citizens. Mr. Levinson stated he does not feel we should be using City resources to support a partner that does not adequately deal with their business in a responsible manner. He stated he will not support this as long as it has the partnership with the Palm Beach Post in it. He stated he does not expect only good news; however, he expects accurate reporting. Mrs. Archer stated although she does not always agree with what is said by its reporters or its editorial content at times; she believes the news and the sponsorship of events in a municipality are two separate items. She stated the partnership with the news media is imperative to our community's success. They have been a partner with us up to this point and have helped us greatly with our events. In addition, she stated lack of their participation would have much greater consequences on the City than they would on the newspaper. Therefore, Mrs. Archer stated she supports this item. Mrs. Ellis concurs with comments expressed by Mr. Levinson about the media coverage (Editorial page) and stated it certainly has not been kind to Delray. She stated numerous articles have been printed inaccurately. However, in looking at the entire sponsorship of the events in Delray Beach and the boomerang effect that would - 6 - 05/03/05 apply regarding the media sponsorship, Mrs. Ellis stated the sponsors gIvmg contributions to the City expect media coverage in order to support the events. She suggested that everyone sit down with the people who are making these decisions from the newspapers and see what it will take to get them back on track. She believes the overall effect will not be felt by the newspaper but will be felt by those charities and events that contribute a great deal to the economic impact of Delray Beach. Therefore, Mrs. Ellis stated she will support this item. Ms. McCarthy stated when she travels she gets a sense of the community through the newspaper. She stated in other newspapers she sees "the good, bad and the ugly" being reported and expects the same in our City as well. She concurs with Mr. Levinson's comments that the editorials should be in the Editorial Section. In addition, Ms. McCarthy concurs with Commissioner Ellis that she does not feel this is the avenue the City should use to address this situation. She stated if the City has an issue with the news department then she feels the City needs to express its concerns directly to the editor to the newspaper who is in charge of what gets printed and what does not get printed. Ms. McCarthy stated she supports this endeavor and embraces what they have done to help Delray Beach become the active community that it is and to incorporate other entities and give them exposure for the healthiness for their businesses as well. Mrs. Archer moved to approve the special event request for the 4th of July Celebration event, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - No. Said motion passed with a 3 to 1 vote; Commissioner Levinson dissenting. 9.B. CONDITIONAL USE REQUEST/EBENEZER WESLEYAN METHODIST CHURCH: Consider a request for conditional use approval to allow the relocation and construction of a new 214 seat sanctuary for Ebenezer Wesleyan Methodist Church, located on the east and west sides of S.W. 6th Avenue, north of S.W. 2nd Street. (Quasi-Judicial Hearing) Vice Mayor Levinson read into the record the procedures for a Quasi- Judicial Hearing for this item and all subsequent Quasi-Judicial items. Chevelle D. Nubin, City Clerk swore in those individuals who wished to give testimony on this item. Vice Mayor Levinson 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 project file #2005-100 into the record. - 7 - 05/03/05 Mr. Dorling stated the Ebenezer Wesleyan Methodist Church is currently located at the southeast corner of S.W. 6th Avenue and S.W. 2nd Street. The church is seeking to relocate its facility to the northwest corner of S.W. 6th Avenue and S.W. 2nd Street and construct an off-site parking lot at the northeast corner of S.W. 6th Avenue and S.W. 2nd Street. The conditional use request involves the construction of a 6,575 square foot sanctuary building and a 22-space off-site parking lot on the east side of S.W. 6th Avenue. At its meeting of April 18, 2005, the Planning and Zoning Board held a public hearing in conjunction with the conditional use request. There was significant discussion over the existing facility. After significant discussion, the Board voted (7-0) in favor of the Conditional Use request based upon findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(E)(5), and Chapter 3 of the LDR's, subject to the conditions contained in the staff report with condition #2, #3 and #6 being modified as follows: (2) that the seating capacity is limited to 214 people, (3) that the existing church facility be retained as a support facility to the Ebenezer Wesleyan Methodist Church, for a period not less than six (6) months from the date of the issuance of the certificate of occupancy of the new facility, and (6) that driveway stacking modification be made to the northeast driveway by eliminating one parking space on the north side of the driveway. Karin Mannchen, Architect, 8 S. "J" Street, Lake Worth, stated this was presented to the Planning and Zoning Board and she is agreeable to certain changes. She stated the number of parking spaces on the main church lot was the only thing which had to be clarified and they agreed to a reduction from 51 spaces to 50 spaces. Reverend RL. Howard Ebenezer, 201 S.E. 6th Avenue, Delray Beach, stated the church has been a contributor to this community by helping to develop the youth and has been saving for years to acquire this land. He urged the Commission to remove the conditional use and consider the request. Vice Mayor Levinson asked if anyone else from the public would like to speak in favor or in opposition, to come forward at this time. No one from the public came forward to speak. Mr. Dorling reiterated that there was a concern from the Planning and Zoning Board about the possibility that an additional church and its related impacts could relocate in the existing building. Ms. McCarthy asked if there is an ordinance in place that restricts churches from being built across the street from each other. Mr. Dorling stated there is not an ordinance in place that would restrict this; however, in reviewing a church one would look at how the impacts would be accommodated. He stated in this case it is clear that the existing site has insufficient parking and they utilize the parcel for overflow parking. Ms. McCarthy asked what the current occupancy of the church is. Reverend Ebenezer stated at this time the church seats approximately 126 people. - 8 - 05/03/05 Mrs. Archer inquired how this fits in with the Southwest Redevelopment Plan. Mr. Dorling stated this area in the Southwest Plan was recently rezoned for commercial property. Mrs. Ellis asked if the other pieces of property they own have residential houses on them now. Mr. Dorling stated number one is their proposed facility, number two is a vacant parcel, number three is the current church, and number four is The Church of God. Hence, the three churches together could potentially have an impact on overflow parking into the neighborhood streets. Brief discussion between staff and the Commission followed. Mrs. Archer moved to approve the Conditional Use request for Ebenezer Wesleyan Methodist Church subject to the conditions in the staff report and as modified in the City Commission documentation dated May 3, 2005, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 9.C. WAIVER REQUEST/EBENEZER WESLEYAN METHODIST CHURCH: Consider a waiver request to waive Land Development Regulations (LDR) Section 4.6.9(D)(3)(c)(I), "Stacking Distance", to reduce the required parking lot stacking distances associated with the construction of a new 214 seat sanctuary for Ebenezer Wesleyan Methodist Church. (Quasi-Judicial Hearing) Vice Mayor Levinson asked if there is anyone who would like to speak who has not been previously sworn in. No one from the public came forward to be sworn In. Vice Mayor Levinson asked the Commission to disclose any ex parte communications. No ex parte communications were disclosed. Mr. Dorling stated the LDR's require that in parking lots of 50 or less parking spaces required 20 foot storage. The parking lot adjacent to the sanctuary was originally proposed as a 51 space lot. Modifications as a result of a condition of approval will reduce the parking lot to 50 spaces which requires a minimum 20 feet stacking distance at each entry. While one of these entries meets this requirement, 23 feet on (SW 2nd Street), two others only provide approximately 13 feet each. Mr. Dorling stated this is consistent with waivers that have been approved elsewhere in the City. At its meeting of April 18, 2005, the Planning and Zoning Board considered the waiver request and recommended approval (7 to 0) of the waiver for both entrances on SW 6th A venue provided that a stacking distance of no less than 13 feet was provided [thereby requiring the elimination of one parking space at the northeast entrance (north side of the driveway)]. - 9 - 05/03/05 Mrs. Archer moved to approve the waiver request to LDR Section 4.6.9(D)(3)(c)(I), to reduce the required stacking distance for both driveways on S.W. 6th Avenue from 20 feet to 13 feet, based on positive findings with respect to LDR Section 2.4.7(B)(5), seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:00 p.m. the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 25-05: Approve Resolution No. 25-05 adopting the final assessment roll, Seacrest/Del-Ida Special Assessment District. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Resolution No. 25-05 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE FINAL ASSESSMENT ROLL FOR THE SEACREST/DEL-IDA SPECIAL ASSESSMENT DISTRICT TO INCLUDE THOSE PROPERTIES GENERALLY NORTH OF N.E. 4TH STREET, SOUTH OF N.E. 22ND LANE, WEST OF THE FEC RAILROAD, AND EAST OF SWINTON AVENUE, AS MORE FULL Y DESCRIBED HEREIN; PROVIDING FOR THE ASSESSMENT AMOUNT AS TO EACH PROPERTY; PROVIDING FOR THE METHOD OF PAYMENT OF THE SPECIAL ASSESSMENT; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 25-05 is on file in the City Clerk's office. ) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated this is Resolution No. 25-05 which adopts the final assessment roll for the Seacrest Del-Ida Special assessment. Brian Shutt, Assistant City Attorney, stated in 2000, the City Commission adopted the preliminary assessment roll for the Seacrest Del-Ida neighborhood which involved repaving certain areas, constructing sidewalks, beautification, and traffic - 10 - 05/03/05 calming measures. Staff adopted the estimated amount to be about $1.5 million and the City actually spent more money on the assessable improvements. Mr. Shutt stated the City also did other improvements that were not included in the assessment roll. The cost to the City is approximately $2 million; however, by State law, the City can only go up to the estimated amount of $1.5 million. The City and the property owners will split the cost based on the square footage of the lot and therefore the property owners will be paying the maximum amount of the assessment but they will not be paying any greater amount than what was estimated. Vice Mayor Levinson declared the public hearing open. Pattv Wilder. 254 N.E. 22nd Street. Delrav Beach. expressed concern as to why her neighborhood is being assessed for improvements and why property owners have to pay for improvements but according to an article in the Delray Times there is money allotted for these improvements to be done in areas like Chatelaine and Rainberry Bay. Mrs. Wilder expressed concern that she did not receive any improvements although she is being assessed. She expressed concern over the safety of her children because people speed up and down the street. She suggested that speed humps be installed on her street and stated she would like to know why her community is being assessed while other communities are not. Sarah Rutland. 1401 N. Swinton Avenue. Delrav Beach. stated she requested that the City come out and fix the grass outside her house and they refused. Mrs. Rutland distributed photographs to the Commission and stated everybody else's was done except for hers. She expressed disappointment that she received an assessment for something that has never been done. Keith Hartv. 225 N.E. 14th Street. Delrav Beach. stated several residents on N.E. 14th Street came before the Commission and spoke at the Budget approval meeting. He stated the residents expressed concern that from the time the Redevelopment Plan had been written up and the time of the budget approval that the speed humps on their street had been taken out due to a lawsuit in Tampa and were informed that if the lawsuit was favorable, that this matter would be resolved and the lawsuit did work out favorably. Mr. Harty stated in the original Plan they had a round-a- bout at the end of their street on 3rd and two speed humps. He stated approximately 1,200 cars a day go up and down that street. Mr. Harty stated after the improvements were made the speed humps were no longer there. A meeting was set with the neighborhood, the City Engineer, and the Association President and residents were informed that they would get one speed hump and a temporary speed hump along with a traffic count to see if this would be suitable. Mr. Harty stated they currently have one temporary speed hump; the round-about and neither of the other speed humps is there. Mr. Harty stated in his opinion taking the traffic calming devices out of one of the busiest streets in the neighborhood is not responsible. He stated he was informed that the residents would not have to pay for the traffic calming devices until it is completed and noted they do not have their traffic calming devices. He expressed concern over the safety of the children in the neighborhood and feels that the City should provide two speed humps and the - 11 - 05/03/05 round-a-bout. Mr. Harty stated he does not feel the assessment is considered finished until the residents get what was in the Redevelopment Plan in the first place. Lois Brezinski. 110 N.E. 7th Street. Delrav Beach. representing a few of the neighbors who could not attend this evening and stated those who living on N.E. ih Street who called her this evening does not know what the assessment is for. She asked if the assessment was publicized and commented that someone on her street suggested speed bumps and lighting. Beril Kru2:er. 9 N.E. 16th Street. Delrav Beach. stated he and many of his neighbors on N.E. 16th Street came before the Commission in 2000 opposing this assessment. Mr. Kruger stated everyone felt for what residents had to pay for the assessment did not show them it would do anything for their neighborhood. He stated it is costing him $1,000 to have a swale put in the front of his house where they have killed the grass. Secondly, Mr. Kruger stated planters were installed at each end of the street so every time a fire truck comes down the street they hit the curb which he feels is very dangerous. He stated N.E. 16th Street is the first street after 13th Street to go east from Swinton A venue. He stated cars speed down this street being clocked at 60 mph creating a dangerous situation for children in the area. He stated if speed humps were installed he would have appreciated it and noted that they have no sidewalks but only a curbing at both ends of the street and swales. He stated his driveway does not have a swale. Mr. Kruger stated he has come before the City Commission numerous times complaining about the traffic on N.E. 16th Street. He stated he does not understand how the association made an agreement with the City when ninety percent of the people who are living in this area do not belong to this association. Mr. Kruger strongly opposes this assessment and suggested that this be looked into again. Benjamin Antal. 15 N.E. 16th Street. Delrav Beach. concurs with comments expressed by Mr. Kruger and reiterated that they are paying for something they are not getting. He stated he would have appreciated if a sidewalk was installed and noted his driveway was torn up even though his driveway was in perfect condition. Mr. Antal stated he is strongly opposed to the assessment and stated if he had something given to him then he would willingly pay for it. Mr. Antal stated he is a retired engineer from Pratt & Whitney Aircraft for the last 17 years and is 82 years old. Brian Shutt, Assistant City Attorney, stated in the year 2000, public notices were sent out to the then residents of both of these neighborhoods. He stated the way this process started was the associations came to the City and requested the City to do some work in that area, a plan was formulated, it came before the Commission and the Commission approved the preliminary assessment roll. Notices were sent out and people could come and speak at that point in time and voice their opinion. Mr. Shutt stated not everyone received something tangible in front of their house; the special assessment worked as far as an improvement or an improved value to a property over the entire area for both the Seacrest and the Del-Ida neighborhoods. Mr. Shutt stated sidewalks were installed and trees were planted to improve the neighborhood as a whole. He stated this work continued to approximately 2004 and this is when staff started the process of - 12 - 05/03/05 adopting the final assessment roll. Notices were sent out in the very beginning and many properties have changed ownership since that time and the preliminary assessment roll and the assessment amounts were recorded in the public records. The City Manager stated with regard to the funding being spent in other neighborhoods, there were additional improvements put into this neighborhood beyond what was in the original plan that was paid for from Neighborhood Enhancement funds. Secondly, the two neighborhoods requested that this work be done quickly. The City Manager stated the City is budgeted $250,000 per year for neighborhood improvements. At that rate, the work that has been done would take eight (8) years if they got all the money that was budgeted for that eight (8) year period. The City Manager reiterated that this was done at the request of the neighborhood in order to accelerate the process. Vice Mayor Levinson stated it is important to note that the City requires the homeowners' associations to make an application for traffic calming elements. Ms. McCarthy stated where there was to be a round-a-bout at one time when the associations asked for additional things to be done for their plan that was devised some of the round-a-bouts were relocated to other locations and traffic calming was developed in a different avenue. She recommended that residents get a copy of the Seacrest/Del-Ida Plan. Mrs. Ellis asked if there is some obligation to someone who would be acquiring property in this area to inform them of the assessment. The City Attorney stated they are on notice because this is filed in the public records. Ms. McCarthy moved to approve Resolution No. 25-05, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote. 10.B. ORDINANCE NO. 26-05: An ordinance designating The Hartman House, located at 302 N.E. ih Avenue, to the Local Register of Historic Places. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 26-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE HARTMAN HOUSE, LOCATED AT 302 NE 7TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRA Y BEACH, FLORIDA, JULY, 2004"; PROVIDING A GENERAL REPEALER - 13 - 05/03/05 CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 26-05 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. Warren Adams, Historic Preservation Planner, stated The Hartman House is an example of a 2-story Frame Vernacular House built in 1923 during the Florida Land Boom years of the 1920' s. The first occupant, Mr. Gustav R. Hartman, was the Assistant Postmaster of the City of Delray Beach, and lived in the house for 48 years which contributed to its level of preservation and lack of alterations. The residence at 302 NE ih A venue is being considered for listing in the Local Register of Historic Places as it fulfills three of the criteria. It is associated in a significant way with the life or activities of a major person important in city, state, or national history; it exemplifies the historical, political, cultural, economic, or social trends of the community; and portrays the environment in an era of history characterized by one or more distinctive architectural styles. At its meeting of March 16,2005, the Historic Preservation Board (HPB) set a public hearing date of April 6, 2005, to discuss the proposed designation and provide a recommendation to the City Commission for the individual historic property listing. On April 6, 2005, the Historic Preservation Board (HPB) voted unanimously (4- 0) to forward a recommendation of approval to list the Hartman House (302 NE ih Avenue) in the Local Register of Historic Places. Vice Mayor Levinson declared the public hearing open. Jason Mankoff, Attorney with Weiner & Aronson, P.A., 102 N. Swinton Avenue, Delray Beach, representing the applicant stated he is present for any questions. There being no one who wished to address the Commission regarding Ordinance No. 26-05, the public hearing was closed. Mrs. Ellis moved to adopt Ordinance No. 26-05 on Second and FINAL Reading designating The Hartman House (NE ih Avenue) to the Local Register of Historic Places, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 10.C. ORDINANCE NO. 28-05 (FIRST READING/FIRST PUBLIC HEARING): Privately initiated amendment to Land Development Regulations (LDR) Section 4.4.20, "Industrial (I) District", Subsection 4.4.20(B), "Principal Uses and Structures Permitted", Paragraph (5), "Service Industry", to add food preparation and/or - 14 - 05/03/05 processing as a principal use. If passed, a second public hearing will be scheduled for May 17,2005. Prior to consideration of passage of this ordinance on First Reading/First Public Hearing, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 28-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.20, "INDUSTRIAL (I) DISTRICT", SUBSECTION 4.4.20(B), "PRINCIP AL USES AND STRUCTURES PERMITTED", PARAGRAPH (5), "SERVICE INDUSTRY"; TO ADD FOOD PREPARATION AND/OR PROCESSING AS A PRINCIP AL USE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 28-05 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 that has been submitted by Hua Restaurant Group to allow food preparation and/or processing, and catering operations as principal uses in the MIC (Mixed Industrial and Commercial) and I (Industrial) zoning districts. The proposed food preparation business and catering are currently allowed in other industrial-related zoning districts (PCC, LI, CBD-RC) and are appropriate uses within the Service Industry category of the Industrial zone district. These types of uses are appropriate in an industrial setting as they are primarily related to preparing a product for distribution to a facility in a commercial area or providing a service to an off-premise customer/consumer. At its meeting of April 18, 2005, the Planning and Zoning Board held a public hearing regarding the amendment. After discussing the amendment, the Board voted 7-0 to recommend to the City Commission approval of the proposed amendment, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). Vice Mayor Levinson declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 28-05, the public hearing was closed. - 15 - 05/03/05 Ms. McCarthy stated in adopting this ordinance she is concerned about the possibility of additional odors and the attraction of rodents because there will be food preparation. She asked if the City has any control on the time and the odors in addition to making sure the scraps of foods or preparations are done inside; and because the waste will be discarded in dumpsters, she asked if there is anything to protect the residential areas that may be impacted by this. Mr. Dorling stated he believes there would be some Health Department regulations on the appropriate disposal of foods. Mr. Dorling stated food preparation businesses and catering are currently allowed in the PCC, LI, and CBD-RC zoning districts and he is not aware of any issues that may have arisen where it is currently allowed. Mr. Dorling stated the MIC zone district allows (by reference) the same industrial and service industry uses as those that are allowed in industrial zoning district and references the uses allowed in the Industrial zone district regulations. The City Manager gave direction to Mr. Dorling to have staff look into the concerns expressed by the Commission regarding the control of odors and food waste. Vice Mayor Levinson declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 28-05, the public hearing was closed. Mrs. Archer moved to approve Ordinance No. 28-05 on First Reading/First Public Hearing, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes. Said motion passed with a 4 to 0 vote. 10.D. ORDINANCE NO. 25-05 (SECOND READING/SECOND PUBLIC HEARING): City initiated amendment to Land Development Regulations Section 2.4.4(E), "Expiration of Approvals", to specify that extensions of time granted pursuant to Section 2.4.4(F)( 4) shall not be deemed a previous extension. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 25-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, FLORIDA, BY AMENDING SECTION 2.4.4(E), "EXPIRATION OF APPROVALS", SUBSECTION 2.4.4(E)(2), "CONDITIONAL USES, SITE PLANS, LANDSCAPING PLANS, ARCHITECTURAL PLANS, PRELIMINARY SUBDIVISION PLATS", AND ORDINANCE NO. 11-05 - 16 - 05/03/05 TO PROVIDE THAT EXTENSIONS OF TIME GRANTED PURSUANT TO SECTION 2.4.4(F)( 4) SHALL NOT BE DEEMED TO BE A PREVIOUS EXTENSION PURSUANT TO SECTION 2.4.4(E)(2), PROVIDING FOR APPLICABILITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 25-05 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 on March 15, 2005, the City Commission approved an amendment to the LDR's to lengthen the initial time frame to establish a project from 18 months to 24 months. This applies to the properties that have had a site plan extension. This amendment clarifies that the word "extension" would not apply to a development that has had an automatic extension relating to the litigation process where the City is partied to that litigation. At its meeting of April 18, 2005, the Planning and Zoning Board considered the proposed amendment and unanimously recommended approval. Vice Mayor Levinson declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 25-05, the public hearing was closed. Ms. McCarthy moved to adopt Ordinance No. 25-05 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - 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. II.A. Citv Mana2:er's response to prior public comments and inQuiries. With regard to a prior concern expressed by Mr. Augustyn about improving street lights in the La Hacienda neighborhood, the City Manager stated the City has sent a letter to the President of the neighborhood association explaining that while the pole space is adequate, staff will upgrade the lighting lumens from 5,800 to 9,500; however, the City would need a petition from at least the majority of the residents on the street stating that they wish to have this done. The City Manager stated they had - 17 - 05/03/05 submitted an email type transmission to the City that was referred to as a petition; however, it did not have any signatures. Mr. Levinson requested that staff send a standard petition form back to these people because he feels it would be fairly easy to generate one. The City Attorney stated this could be done. With regard to several concerns expressed by Mr. Glover regarding the operation of the Pompey Park pool, the City Manager stated Mr. Glover stated he had observed the pool empty with lifeguard staff reading and tanning. The pool has an automated chlorination system that was set to super chlorinate the pool on Friday, April 15, 2005. The pool was also dusted with a strong granular chlorine hand feed directly into the dye well to combat green blooming algae. Chlorine was tested at six parts per million and the staff reads the chlorine levels twice a day (once at opening and at mid- day). These checks are done to ensure the water is safe for the patrons to enter. The decision was made by the head lifeguard not to allow patrons in because of the high chlorine reading. Also, with regard to Mr. Glover's concern about the fees being charged at the pool, the City Manager stated he was told that the fee is normally $1.00 and if one wanted to use the pool for free, one can obtain a RecTrac card for children that would allow free admission to the facility. The City Manager stated the reason this cannot be done right now at Pompey Park is because of the slow speed of the computer connection. However, these RecTrac cards will eventually be issued at Pompey Park. The City Manager stated staff recognizes that there has to be a better job of publicizing the cards although staff does inform children and families that they can obtain RecTrac cards; however, we need to do a much better job of publicizing the fact that they can get free admission to the pool with the RecTrac card. The City Manager stated staff has found that although many of the children in the After School Program are getting RecTrac- cards, the cards are not actually given to the child because of the fear of the cards being lost so they are kept to record the attendance of the children. He suggested that a duplicate card be made or indicate on the card that it is also good for admission to the pool. The City Manager reiterated that staff has some work to do about informing our residents better about the availability of free admission to the pool with the RecTrac card. 11.B. From the Public. 11.B.1. Steve Alexander. 3535 Hawatha. Miami. FL. stated he is puzzled over the Agenda and stated Item 1.C. (Rules for Public Participation) states that people from the public can speak about Regular Agenda items when extraordinary circumstances or reasons exist; however, he expressed concern that there is no place on the Agenda where the opportunity exists. The City Attorney informed Mr. Alexander if this is requested at the time the Commission addresses the item on the Agenda, it would be at the discretion of the Commission to determine whether he can speak. - 18 - 05/03/05 11.B.2. Lois Bowman. 2943 Sabalwood Court. Delrav Beach. distributed photographs to the Commission of the damage done to her community (Andover) from DelAire. She explained the photographs show the damage done due to vegetation debris along the two communities. Mrs. Bowman stated she came before the Commission previously urging them to put an ordinance in place before this next hurricane season in order to defer the cost of debris removal. She stated this ordinance would make each homeowner or community responsible for cutting back their vegetation prior to the hurricane season and would eliminate some of the costs to the City after hurricane cleanup and there would be less damage. Mrs. Bowman asked what she needs to do to have an ordinance passed. The City Attorney stated she has a draft ordinance that has been finalized but not circulated to any departments so the process is ongoing. One ordinance will include modifications to the City's nuisance ordinance to allow various forms of enforcement and the other is an expanded tree ordinance that has some provisions in it that may be helpful to Mrs. Bowman. 11.B.3. Michael Idoni. 3232 Lowson Boulevard. Delrav Beach. asked how Sherwood Park can get sidewalks for their children so they can enjoy the neighborhood even with the traffic. The City Manager stated he will send Mr. Idoni a copy of the City policy regarding sidewalk installation. 11.B.4. Robert Rudolph. 3319 Lowson Boulevard. Delrav Beach. submitted a series of questions from residents in the 3300 block (including the 3200 block) of Lowson Boulevard regarding the sidewalk issue. 11.B.5. Willie Potts. 634 An2:ler Drive. Delrav Beach. asked if he can speak on an item this evening that is on the Regular Agenda (Item 9.R.) and inquired if the City will have a meeting with the Task Force. Mr. Potts asked why the City has to hire outside counsel to do the job that the City Attorney is capable of doing. Mr. Levinson stated the public can speak on any agenda item to any Commissioner prior to the City Commission meeting. He stated at the meeting, the Regular Agenda is limited to discussion amongst the Commission. 11.B.6. Alice Finst. 707 Place Tavant. Delrav Beach. stated she recently attended a Site Plan Review and Appearance Board (SPRAB) meeting and because of absences and people having to step down, some items had to be postponed Mrs. Finst stated with regard to the appointments that the Commission propose two alternates to help eliminate the problem of people being absent and having to step down. In addition, she stated it would also provide training opportunities for people who would like to go to the next step (i.e. regular appointment) depending on the discretion of the Commission. She stated this is unfair to all parties concerned not to be able to have their item presented as planned. - 19 - 05/03/05 At this point, the Commission moved back to Item 9.D. of the Regular Agenda. 9.D. CULTURAL PLAN PROPOSAL: Consider approval of the new proposal for a cultural plan for the City and provide direction to staff. The City Manager stated the initial price was $68,000 and the new proposal is for a fee of $50,000. He stated the initial thought is that the CRA would pay half the cost and that there would be an effort to secure funding from foundations or other sources. The City Manager stated if the Commission is satisfied with the proposal, then the City Attorney would need to compile it into proper agreement format. Vice Mayor Levinson suggested that the City may want to consider a maximum commitment of $25,000.00 and ask the Community Redevelopment Agency (CRA) for $25,000.00 and hope that both of these can be reduced by contributions from foundations or grants that may be available. Mrs. Archer stated she supports the Cultural Plan proposal and feels the City needs to move forward on this. Mrs. Ellis stated she too is in consensus and asked who spoke to the consultant. The City Manager stated individuals involved in other cultural organizations in addition to Old School Square. Mr. Levinson stated the consultant has met with several individuals in the last year. Mrs. Ellis stated she likes this idea and asked if the Commission is providing any direction as to who actually gets interviewed for developing this Plan. Mr. Levinson stated he feels the City would want to interview as many people as possible. Ms. McCarthy stated this is a wonderful idea and she does not want to see the process held up. She stated she would like to make certain that when we have these types of ideas for things that we want to accomplish that we do not move completely away from RFP' s or letters of qualifications being requested. It was the consensus of the Commission to support moving forward with the Cultural Plan proposal and secure funding from the CRA and see if the City can find grant funding or foundation funding and bring back an agreement as soon as possible which would include Commission suggestions as to interviewees. 9.E. REJECTION OF BIDS/PURCHASE A W ARD/BUS SHELTERS PROJECT: Consider rejection of all bids received for the Bus Shelter Design/Build Project due to receiving bids out of scale and significantly in excess of the project budget; and provide direction regarding purchasing and installing 47 bus shelters. Richard Hasko, Director of Environmental Services, gave a brief overview of the project and explained that initially the City had a contract with DayTech to perform the prefabrication, manufacture, and installation of the bus shelters, etc. They were non-responsive and it took staff approximately one year to discover they filed - 20- 05/03/05 Chapter 11 and were forced to rescind their contract. Mr. Hasko stated staff then re-bid the contract. Two respondents were in excess of $1 million which was significantly over budget. Therefore, staff recommends rejection of the bids. Mr. Hasko stated out of the five firms that that staff solicited, one of them did not respond, one declined to quote and the rest are listed on the spreadsheet. The City Manager stated he recommends taking Tolar Manufacturing Company with all three options because they are the low bidder. He concurs that Enseicom (Option #2) is not aesthetically what staff desires. The City Manager suggested not awarding the installation this evening in order to give staff the opportunity to talk to more contractors about the installation piece. Steve Alexander, City Manager in Dade County and representing Sanchez Arango Construction Company (low bidder of the previous bid that the City had that the City is seeking to reject), stated the City put out bids and now before those bids have been rejected officially they have gone out and created another bidding process and his client was not involved in bidding on that. Mr. Alexander stated the City is dealing with Tolar (the supplier for Sanchez Arango Construction Company) directly and allowing Tolar to change the product which changes the price which changes the assembly without rejecting the first bid. Mr. Alexander stated Sanchez Arango has essentially built every bus shelter and are they most experienced shelter building firm in South Florida. He stated they know what it takes to buy, ship, build, electrify, and to put solar in them and this is where the price came from. Mr. Alexander suggested that the City take the experienced contractor who was the low bid and break it up into two fiscal years. Mrs. Ellis moved to reject all bids received for the Bus Shelter Design/Build Project, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarty - Yes. Said motion passed with a 4 to 0 vote. At this point, brief discussion followed between the Commission and staff. Mr. Levinson asked if staff would like to buy the bus shelters directly from the manufacturer and have someone bid on the installation. Mr. Hasko stated he believes that this would be the fastest way to get this done. The City Manager stated the idea was to buy an off the shelf shelter and find someone to install it. Mr. Levinson asked if this has to be re-advertised to insure that anyone who has the opportunity to bid does bid. The City Attorney stated the Commission can declare an emergency and waive the purchasing ordinance (which would require some advertising). She stated this is a rush situation due to grant funds that may lapse. Therefore, the process could be done by quotes if the Commission waives the ordinance. Otherwise, the City would have to go out to bid again. - 21 - 05/03/05 Mr. Levinson inquired about the grant funding. Mr. Hasko stated the City has an extension to November 30,2005. Mr. Levinson asked if staff can declare an emergency for the purchase of the shelters because of the time and then re-bid since there is 8-10 weeks on the installation. The City Attorney stated staff can advertise the waiver. Ms. McCarthy asked if the bus shelters will have some form of lighting. The City Manager stated that the bus shelters will have lighting. It was the consensus of the Commission to move forward on the waiver to the purchasing ordinance and re-bid the installation of bus shelters. 9.F. REQUEST FOR FUNDING/ATLANTIC HIGH SCHOOL: Consider a request from Kathleen Weigel, Principal of Atlantic High School, to subsidize the athletic insurance fee for 100 students. Funding is available from 001-1111-511-48.10 (General Fund/Special Events). Robert A. Barcinski, Assistant City Manager, stated this is a request from Kathleen Weigel, Principal of Atlantic High School, to help subsidize the athletic insurance fee for approximately 100 students to provide a $30.00 scholarship with the students paying be $20.00 (full cost per student is $50.00). Mr. Barcinski stated the total request is for $3,000.00 and funding is available in the City Commission Special Event account. Staff recommends approval of this request. Mrs. Archer moved to approve the request from Atlantic High School for the City of Delray Beach to provide a $30.00 scholarship to subsidize the athletic insurance costs for 100 students, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote. 9.G. AMENDMENT NO. I/LICENSE AGREEMENT/PILGRIM BELLE CRUISES. LLC: Consider approval of Amendment NO.1 to the license agreement with Pilgrim Belle Cruises, LLC to allow the Pilgrim Belle to continue to vacate the dock from June 1 st through September 15th and the City will be allowed to lease the dock space unless the Pilgrim Belle pays the required monthly fee. The City Attorney stated this is an amendment to the agreement. Pilgrim Belle may vacate the dock area from June 1 st to September 15th of each year. If Pilgrim Belle vacates the dock area for this time period, the City is allowed to lease the dock space to another charter company during this time. Brief discussion by the Commission followed. Mrs. Archer stated she is in favor of approving this for one year only. The Commission concurred with comments expressed by Mrs. Archer. - 22- 05/03/05 Mrs. Ellis moved to approve Amendment NO.1 to the license agreement with Pilgrim Belle Cruises, LLC as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 9.H. APPOINTMENT OF OUTSIDE COUNSEL/STEVENS. BROWN. AND MILLER CLAIMS/CASES: Consider approval of outside counsel, Fred Gelston, Esq., for the Paul Stevens, Antonio Brown, and Jerrod Miller cases. The City Attorney stated the City received claims regarding the Paul Stevens, Antonio Brown, and Jerrod Miller cases. Staff is requesting the appointment of Fred Gelston, Esq., as outside counsel. Mrs. Archer moved to approve the appointment of Fred Gelston, Esq., as outside counsel for the Paul Stevens, Antonio Brown, and Jerrod Miller cases, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes. Said motion passed with a 4 to 0 vote. 9.1. TERMINA TION OF LICENSE AGREEMENT/WORLDWIDE ENTERTAINMENT. INC.: Consider authorizing staff to terminate the license agreement with Worldwide Entertainment, Inc. with the City retaining the $50,000.00 security deposit for failure to fulfill the obligations of the agreement for the promotion of concerts at the Delray Stadium. Brian Shutt, Assistant City Attorney, stated the City entered into an agreement with Worldwide Entertainment, Inc. (WEI) for the exclusive use of the stadium to have concerts and events. Staff is requesting direction from the Commission regarding the termination of the agreement as well as the issue of a $50,000.00 security deposit that was given to the City of Delray Beach from Worldwide Entertainment, Inc. Mr. Shutt stated Worldwide Entertainment, Inc. has expressed that the security deposit was to be forfeited only in the event that they failed to make a required payment to the City regarding an event. The City Manager stated Worldwide Entertainment, Inc. has indicated that they are not able to get the types of acts that they promote. He stated he is very disappointed because WEI is the third biggest promoter in the world and the City expected great things from them. Mrs. Archer moved to terminate the license agreement with Worldwide Entertainment, Inc. (WEI) with the City of Delray Beach retaining the $50,000.00 security deposit for failure to fulfill the obligations of the agreement for the promotion of concerts at the Delray Beach Stadium, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes. Said motion to terminate the license agreement passed with a 4 to 0 vote. - 23 - 05/03/05 9.J. PROPOSAL FOR SETTLEMENT IN LEVENE v. CITY OF DELRAY BEACH: Consider a Proposal for Settlement in the total amount of $12,000.00 in Howard and Carole Levene v. City of Delray Beach. Staff recommendation is denial. Brian Shutt, Assistant City Attorney, stated this case arises out of a trip and fall on the Colony Hotel front steps. The Plaintiff sustained some injury and also sued the Colony Hotel. The Plaintiff s wife also has a consortium claim. The proposal for settlement is for $10,000.00 for the plaintiff and $2,000.00 for his wife. Staff recommends denial of the settlement. Mrs. Archer moved to approve the Proposal for Settlement in the Howard and Carole Levene v. City of Delray Beach, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis - No; Mrs. Archer - No; Vice Mayor Levinson - No; Ms. McCarthy - No. Said motion to approve the Proposal for Settlement was DENIED with a 4 to 0 vote. 9.K. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular member to the Education Board for an unexpired term ending July 31, 2005. Based upon the rotation system, the appointment will be made by Commissioner McCarthy (Seat #4). Ms. McCarthy moved to appoint Paul Seal as a regular member to the Education Board for an unexpired term ending July 31, 2005, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis -Yes. Said motion passed with a 4 to 0 vote. 9.L. APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (1) regular member to the Police and Firefighters Retirement System Board of Trustees for a two (2) year term ending April 22, 2007. Based upon the rotation system, the appointment will be made by Commissioner McCarthy (Seat #4). Vice Mayor Levinson clarified with the City Attorney that Mr. Glenn Goss is ineligible due to dual office holding. Ms. McCarthy stated she would like to defer her appointment to the next regular meeting of May 17,2005. At this point, the Commission moved to Item 12, First Readings. 12. FIRST READINGS: - 24- 05/03/05 12.A. ORDINANCE NO. 29-05: Privately initiated amendment to Land Development Regulations (LDR) Section 4.3.3(AAA)(I)(c) "Adult Gaming Center Requirements", to allow the use of gift certificates, gift cards, credit cards, or other cash substitutes for payouts. Ifpassed, a public hearing will be scheduled for May 17, 2005. The caption of Ordinance No. 29-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.3.3(AAA), "ADULT GAMING CENTERS" , SUBSECTION 4.3.3(AAA)(I) "DEVELOPMENT STANDARDS FOR ADULT GAMING CENTERS", TO ALLOW THE USE OF GIFT CERTIFICATES, GIFT CARDS, CREDIT CARDS OR OTHER CASH SUBSTITUTES FOR PAYOUTS; PROVIDING A SA VING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 29-05 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 privately initiated LDR amendment being processed by New Hope USA, Inc. to allow the use of gift certificates, gift cards, credit cards or other cash substitutes for payouts at Adult Gaming Centers. This is in conjunction with the proposed text amendment, a conditional use request has been submitted by New Hope USA, Inc. who wishes to establish an Adult Gaming Center within a 1,221 square foot bay at Delray Square Shopping Center Phase II (14570 South Military Trail). At its meeting of October 19, 2004, the City Commission approved an amendment to the LDR's to provide regulations concerning Adult Gaming Facilities after a short moratorium. In that amendment, there was a prohibition of gift certificates, gift cards, credit cards or other cash substitutes specifically included to prohibit abuses associated with redemption of gift certificates or cards for cash or prizes which exceed maximum allowed values. It is noted the applicant's request includes permitting credit cards or other cash substitutes, which would appear to be a violation of Florida Statutes. At its meeting of April 18, 2005, the Planning and Zoning Board held a public hearing regarding the amendment and after discussion, the Board voted 7-0 to recommend denial of the proposed amendment. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the goals, objectives, and policies of the Comprehensive - 25 - 05/03/05 Plan. The proposed amendment does not further specific goals, objectives, and policies of the Comprehensive Plan. Therefore, staff recommends denial of this ordinance. Mrs. Archer moved to approve Ordinance No. 29-05 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Vice Mayor Levinson - No; Ms. McCarthy - No; Mrs. Ellis - No; Mrs. Archer - No. Said motion to approve was DENIED with a 4 to 0 vote. 12.B. ORDINANCE NO. 27-05: An ordinance amending the Code of Ordinances by enacting Chapter 59, "Reclaimed Water", to provide for guidelines regarding the use of reclaimed water and amending Section 52.19, "Vegetation Water Meters", to clarify the use of vegetation water meters versus reclaimed water meters. If passed, a public hearing will be scheduled for May 17,2005. The caption of Ordinance No. 27-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, BY ENACTING CHAPTER 59, "RECLAIMED WATER", TO PROVIDE FOR GUIDELINES REGARDING THE USE OF RECLAIMED WATER; AMENDING SECTION 52.19, "VEGETATION WATER METERS" TO CLARIFY THE USE OF VEGETATION WATER METERS VERSUS RECLAIMED WATER METERS; PROVIDING A SA VING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 27-05 is on file in the City Clerk's office. ) Commissioner McCarthy stepped away from the dais. The City Attorney read the caption of the ordinance. Brian Shutt, Assistant City Attorney, stated this is the same ordinance which came before the Commission at their April 12, 2005 Workshop meeting. Staff has modified the definition of "Utility Service Area" to clarify that it is the City's planning area exclusive of the Country Club Acres development located west of Military Trail. In addition, Mr. Shutt stated Section 52.19 has been modified to clarify that if reclaimed water is available then one cannot get a separate water meter from the potable water supply if it is available. Brief discussion between the Commission and staff followed. - 26- 05/03/05 Mrs. Archer moved to approve Ordinance No. 27-05 on FIRST Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes. Said motion passed with a 3 to 0 vote. At this point, Ms. McCarthy returned to the dais. 12.C. ORDINANCE NO. 30-05: An ordinance amending Chapter 35, "Employees Policies and Benefits", Subheading "Retirement Plans", of the City Code of Ordinances, Section 35.089, "Definitions", to revise the definition of "Credited Service" to provide for a member who dies within thirty (30) days prior to attaining five (5) years of credited service. Ifpassed, a public hearing will be scheduled for May 17, 2005. The caption of Ordinance No. 30-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.089, "DEFINITIONS", TO REVISE THE DEFINITION OF "CREDITED SERVICE" TO PROVIDE FOR A MEMBER WHO DIES WITHIN THIRTY DAYS PRIOR TO ATTAINING FIVE YEARS OF CREDITED SERVICE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 30-05 is on file in the City Clerk's office. ) The City Attorney read the caption of the ordinance. The City Manager stated there is a City employee who is terminally ill and will reach her 5th anniversary on May 15, 2005 and she has a great deal of anxiety that she may not live until May 15,2005. Therefore, she wants to make sure that her husband receives the pension benefit that he would be entitled to if she lived that long and is able to continue to receive health insurance through the City's group plan. Ms. McCarthy asked if this has ever been done before and inquired about what happens if the length of time changes and if the ordinance will keep changing. The City Attorney stated this ordinance provides a grace period in that five (5) year period. - 27- 05/03/05 The City Manager stated this particular employee has unused sick and vacation time that would get her past May 15th. He explained that if an employee were to resign with two weeks notice they would get that additional time counted toward their pension benefit. However, if an employee dies they do not. Mrs. Ellis moved to approve Ordinance No. 30-05 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy -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. Citv Mana2:er The City Manager had no comments or inquiries on non-agenda items. 13.B. Citv Attornev The City Attorney had no comments or inquiries on non-agenda items. 13.C. Citv Commission 13.C.1. Mrs. Archer Mrs. Archer announced that the President of Aids to Victims of Domestic Abuse (A VDA) Marian Dillon Rabinowitz passed away suddenly from a tragic accident. Therefore, Commissioner Archer is now the new President of the Board for A VDA. 13.C.2. Mrs. Ellis Mrs. Ellis commented about the procedure on public speaking and referred to Item 1.C. under the Rules for Public Participation on the Agenda. Secondly, she stated she enjoyed the FED Cup very much and her dinner. Mrs. Ellis stated she attended her first South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB) meeting. 13.C.3. Ms. McCarthv Ms. McCarthy inquired if everyone received the information regarding the benefits of gas chlorination. - 28 - 05/03/05 Secondly, she stated the FED Cup celebration was wonderful as well as the events that surrounded it. Ms. McCarthy stated it was the first time she had dinner with Commissioner Ellis and her husband. 13.CA. Vice Mavor Levinson Mr. Levinson stated there is a memorial fund set up at A VDA for any donations for Marian Dillon. He expressed his sympathies to A VDA. Mr. Levinson expressed concern about the description of the "Code Red" in the News for Neighborhoods and stated it was his understanding that if there is a listed telephone number then, you are already in the system. The City Manager stated the telephone company will not provide this information to the City. Robert Barcinski, Assistant City Manager, stated Bell South will not give electronic information regarding telephone numbers. Mr. Levinson stated he received a request from someone who plays volleyball and noted that the beach cleaning people have been going over the volleyball courts where the lines had been set and the ropes that are staked down are being ripped out. He stated the volleyball players have to buy new lines because the lines are being dragged away. He urged staff to be sensitive to the fact that it is important for those to be used if they leave the lines there. He asked that this be reiterated to Universal Beach Services. He concurred with comments expressed by Commissioner Ellis and Commissioner McCarthy regarding the FED Cup being spectacular. Lastly, Mr. Levinson stated the Growth Management Act had an amendment which is moving along by Representative Arza which basically reverts control of Comprehensive Plan issues back to the municipalities and emphasized it is critical that the City have this control. He encouraged everyone to send an email to the Legislative Delegation. The City Manager stated this also fixes the annexation issue. There being no further business, Vice Mayor Levinson declared the meeting adjourned at 8:58 p.m. - 29- 05/03/05 ~ S). \J~\h~~ -- City Clerk ATTEST: 8æof 4- The undersigned is the City Clerk of the City of Delray Beach, Florida, and the infonnation provided herein is the Minutes ofthe Regular City Commission Meeting held on May 3, 2005, which Minutes were fonnally approved and adopted by the City Commission on MAY 17, 2005 ~S). \:J\~) 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. - - 30- 05/03/05