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06-11-13 Workshop Meeting MinutesWORKSHOP MEETING JUNE 11, 2013 A Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 6:00 p.m., on Tuesday, June 11, 2013. Roll call showed: Present- Commissioner Shelly Petrolia Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Cary Glickstein Absent - None Also present were - Louie Chapman, Jr., City Manager Brian Shutt, City Attorney Chevelle D. Nubia, City Clerk Mayor Glickstein called the Workshop meeting to order and announced that it had been called for the purpose of considering the following Items. WORKSHOP MEETING AGENDA 1. Discussion of Noise Ordinance Commission discussed allowing public comment on this item. It was the consensus of the Commission that public comment would be allowed on this particular item. Mrs. Lula Butler, Community Improvement Director, stated staff hosted an input meeting for residents on May 13, 2013 at the Library and it was well attended. She stated she has had a number of conversations and emails from those who were not able to be present. Mrs. Butler stated staff has summarized those comments and they have been provided to the Commission. The issue is balance: residents would like to have some assurance that they have a quality of life late in the evenings and the city would like to protect the vibrancy of the downtown as well. Ms. Janice Rustin, Assistant City Attorney, discussed the noise ordinance in detail, its standards and the ten (10) noise factors that assist in determining what is considered as unreasonable. She discussed the Ordinance that was passed in October 2012 and the proposed Ordinance No. 6 -13 that was tabled in February 2013. She highlighted the options for Commission. Mr. Jacquet asked what legal precedent does the city have as far as limiting the sounds within certain times of the day and for limiting it within certain areas of town. He asked about the times and restraints in the proposed ordinance. Ms. Rustin commented regarding case law and stated the ordinance should be tailored to the problem the city is facing and is trying to solve. She asked what the goal of the city is and what does the city want to address regarding noise. Ms. Rustin stated the ordinance would have to be narrowly tailored to the city's purpose and reasonable in order to be upheld Mrs. Petrolia, stated the "plainly audible" factor seems subjective and asked if there is a sound meter that can be used. She discussed the ordinance section that addresses emergency equipment i.e. generators and asked if there is anything in the ordinance that addresses this for personal use. Mrs. Petrolia stated there needs to be a middle ground. She suggested 11:00 p.m. as the time. Mrs. Gray stated she is in favor of the proposed ordinance and there needs to be a middle ground. She stated Commission had previously made recommendations regarding the times and asked if there have been many complaints. Mrs. Gray discussed residential communities and stated Commission has to be concerned about businesses as well as residents. Mr. Frankel stated he was in agreement with the ordinance as proposed. He discussed discretion, the factors and balance; and stated he likes the factors. Ms. Rustin asked if Commission would like to see the ten factors placed in the ordinance. Mayor Glickstein stated he looked at several ordinances from other cities and has heard the statements about decibels and the courts, etc. He asked if they are court tested and about success and failure. Mayor Glickstein asked for someone from the Police Department to speak regarding the decibel application or use of a meter. Police Chief Anthony Strianese spoke regarding decibel meters and stated that is a difficult application in regards to pinpointing where the sound is coming from when you have overlapping establishments within fifty (50) or sixty (60) feet less of each other. He stated regarding going out to a single house party in a residential neighborhood it is very effective. Mayor Glickstein commented regarding the "reasonable" standard. Chief Strianese stated it can be applied with training; and spoke regarding public safety. Mayor Glickstein asked the Chief to explain the enforcement of citations and commented regarding the 1:00 a.m. time. Chief Strianese discussed the different times certain establishments stay open throughout the county. Mrs. Gray asked about complaints in the last couple of months. Chief Strianese stated the complaints vary throughout the city. Mrs. Gray asked what time most of the city's restaurants close. She also asked why code enforcement is not issuing the citations versus the Police Department. She stated she would like to see the Police doing something different. Chief Strianese stated it is a necessary function. Mr. Frankel asked if the complaints can be traced to a handful of businesses. At this time, Mayor Glickstein opened up the meeting for public comments. 2 June 11, 2013 Public Comments: 1. Steve Blum — stated that he is finding a trend that when Commission makes decisions it is based on their age group and asked where the 11:00 p.m. time came from. He stated that he would like to see the Commission consider more of the age groups and look for another way to solve this problem. 2. Victor Kirson — thanked the Mayor for opening this item up for discussion and stated he likes the Ordinance. He urged Commission to stick to the ordinance the city has at hand. 3. Kevin Rouse — owner of Kevro's Art Bar, spoke regarding tourist season and tax revenue. He urged Commission to be careful with how they do this because it will be for the whole year and not just the locals. He stated he agrees with the Police Chief and feels he has a good plan. 4. Claudia Willis — stated she has received phone calls from her tenants regarding noise. She stated it is not one size fits all and stated it is very different downtown on Atlantic Avenue. She feels the meter reading can be used on Palm Square, in the Historic District or other areas of town; and stated she would like to have the meter reading and the reasonable factor as well. Ms. Willis feels that it is too objective. She stated the problem is outdoor music and feels the city should be more proactive and long sighted with this: it is a quality of life issue. 5. Alice Finst — stated an approach of each business being respectful might help and suggested that if each business would turn their music down a little this would not be an issue. 6. Tom McMurrian — works with Ocean Properties, stated they have the Marriott, Boston's and the Sand Bar. He stated the Police Department comes and hears the complaints and then, talks to the restaurants and bars. He discussed the Sandbar and what changes they have made to their system regarding volume control. He commented regarding creating a specific district and stated there will still be the same sound (noise). Mrs. Gray stated the city needs to be careful with creating districts and she supports the Ordinance that was proposed in February and asked if they were other restaurant owners in the audience. Mrs. Gray stated she supports 12:00 midnight as the cutoff time. Mayor Glickstein asked questions in terms of drafting the ordinance and stated he feels there is a distinction between the areas west of US 1 and east of Swinton. He mentioned the amount of single family homes in the Marina District and the beach area that backup to the district. He stated the ability to enforce this fairly will be in lock step to how well the city prepares the ordinance in terms of the criteria and the reasonable standards in that area. Mayor Glickstein stated he supports breaking out a portion of the Central Business District (CBD) but asked Ms. Rustin if this would work. He stated it should not be one size fits all. June 11, 2013 Mr. Jacquet stated the concerns the Mayor has are the same as his questions he wanted to ask earlier. He asked what are the issues the city is trying to solve and feels the city should start with identifying the issues (whereas clauses) and then narrowly tailor the ordinance. Mt. Jacquet stated it should not be a one size fits all and discussed differences regarding restaurants and bars. He stated there are maybe two places in the central cote that are causing the issues. Ms. Rustin stated it will take additional research regarding some other areas and asked Commission if they want the factors included in the ordinance. The Commission decided to not include the ten factors in the ordinance and for them to be administrative in nature. Mayor Glickstein asked what is it that the city wants downtown -what should it look like? He referenced Code Section 99.03, reviewed criteria and discussed specific areas where the time of 11:00 p.m. and 12:00 midnight can be applied. He stated to the extent where the plainly audible standard will be employed he would like to limit it to 12 midnight west of US 1 and east of Swinton. Ms. Rustin asked about those residents who abut the Central Business District at Southwest 9h and Northeast 7th and a and should the Central Business District be limited from not only the east and west but the north and south. Ms. Rustin stated they will look at the map based on the objectives for single family residents. Mr. Jacquet stated this is a good idea and asked what would happen regarding new businesses. Mayor Glickstein stated given this is a complex issue he suggested that a "look back' date be set to review how this is working. Mr. Frankel reiterated that he was in agreement with the ordinance as proposed, in February with no objections to what has been suggested regarding the Central Business District and he supports a 1:00 a.m. cutoff time. Mrs. Gray stated she supports 12:00 midnight but asked how would this effect special events. Mrs. Petrolia stated she too supports 12:00 midnight and limited areas especially north and south as well. Nit. Jacquet stated he has no problem with 1:00 a.m. but can go along with 12:00 midnight. He discussed fines, etc. Mr. Frankel asked if anything can be done regarding repeat offenders. Mayor Glickstein stated there is nothing after the 5t►, violation and stated ultimately as a result someone should lose their license. The City Attorney stated they can take a look to see what Miami Beach has done. 4 June 11, 2013 2. Review of Advisory Boards and Commission Liaison Auvointments Mr. Douglas E. Smith, Assistant City Manager, presented the information regarding advisory boards i.e. summary chart, absenteeism, purpose and authority for how the boards were established. He stated the Commission previously reviewed the advisory boards in 2007. Ms. Nubin presented information regarding the Commission Liaison Assignments. Mrs. Petrolia commented regarding absenteeism and conflicting schedules. She asked if Commission can consider the absences when making board appointments. Mrs. Gray stated she is fine with the Commission Liaison Assignments but Commission needs to revisit the advisory boards. She stated some of the boards could be changed to task forces. She spoke regarding certain boards i.e. Financial Review Board, Neighborhood Advisory Council and the Green Implementation Advancement Board. Mr. Frankel stated there are some boards with extreme absences and asked about the process for removal. The City Clerk explained the process. He stated regarding the liaison assignments, Commissioners cannot always make it to everything. He discussed the Financial Review Board resignations and asked if they are back on track. Mr. Frankel also mentioned the Green Implementation Advancement Board. Mr. Jacquet stated that some boards should be consolidated, eliminated or turned into task forces. He stated the absences and resignations should be reviewed as well as duplication of efforts and the amount of staff time involved. Mr. Jacquet stated the Neighborhood Advisory Council, Code Enforcement Board, Board of Adjustment and Nuisance Abatement Board should possibly be combined. He stated the Financial Review Board should be utilized on an as needed basis. Mayor Glickstein stated the liaison appointments are voluntary and there is no need to keep a running list regarding those. He asked that staff provide Commission with the meeting times of the boards and Commission can attend the meetings as they wish. He asked why the Police Advisory, Nuisance Abatement and Code Enforcement Boards are not combined. Mr. Jacquet asked why the Kids and Cops Committee does not meet in the summer. Chief Strianese stated the committee members are representatives from various schools and lay out plans during the school year. Since they are representatives from the schools, they are off in the summer. Mrs. Gray asked the City Manager if he could meet with the Community Redevelopment Agency Director regarding what they are working on, etc. Mayor Glickstein adjourned the Workshop Meeting at 8:14 p.m. �� '�:), s' 4 City Clerk 5 June 11, 2013 ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Workshop Meeting of the City Commission held on Tuesday, June 11, 2013, which Minutes were formally approved and adopted by the City Commission on jWy 9, 2013. 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 amendments, additions or deletions to the Minutes as set forth above. b June 11, 2013