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04-03-01APRIL 3~ 2001 A Regular Meeting of the City Commission of the City of Delray Beach, Florida was called to order by Mayor David Schmidt in the Commission Chambers at City Hall at 6:02 p.m., Tuesday, April 3, 2001. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Jon Levinson Commissioner McCarthy Commissioner Jeff Perlman Mayor David Schmidt Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby o Reverend Richard Evans with Abbey Delray South delivered the opening prayer. o The Pledge of Allegiance to the flag of the United States of America was given. o AGENDA APPROVAL. Mayor Schmidt noted the addition of Item 6.A., Proclamation recognizing April 8-14th, 2001, as "National Public Safety Telecommunicators Week" to the agenda by addendum. In addition, Mayor Schmidt requested that Item 12.B., Ordinance No. 25-01 be postponed indefinitely and noted Item 12.A., Ordinance 20-01 regarding the Citrus Canker has been modified. Also, Mayor Schmidt noted the corrected Minutes from the Annual Organizational Meeting of March 29, 2001. Mr. Perlman moved to approve the agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. o APPROVAL OF MINUTES: Mrs. Archer moved to approve the Minutes of the Regular Meeting of February 6, 2001, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. Mrs. Archer moved to approve the Minutes of the Special Meeting of March 14, 04/03/01 2001, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. o PROCLAMATIONS: 6.A. "NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK", April 8th through April 14, 2001. Mayor Schmidt read and presented a proclamation proclaiming the week of April 8-14th, 2001, as National Public Safety Telecommunicators Week. Jerry Paller came forward to accept the proclamation. o PRESENTATIONS: 7.A. Del-Aire/Delra¥ Citizens for Delra¥ Police (Perry DonFrancisco) annual ~olf tournament to benefit the Police and Fire Departments. Perry DonFrancisco gave a brief explanation of the history of the charitable golf tournament. Mr. DonFrancisco stated because of the generosity from the Del-Aire citizens, the entire City has benefited and Delray Beach residents are the recipients of better service due to the new and improved equipment. A check in the amount of $18,215 was presented to Chief Koen with the Delray Beach Fire Department and a check in the amount of $18,215 was presented to Major Schroeder with the Delray Beach Police Department. Major Schroeder thanked Mr. DonFrancisco and stated with this money the Police Department was able to finish the outfitting of every police car in Delray Beach with the Automatic External Defibrillators and feels it has been a great benefit to the entire community. In addition to the equipment mentioned by Major Schroeder, Mr. DonFrancisco stated that Del-Aire proceeds have also purchased thermal imaging cameras to detect life in a burning building. Furthermore, Mr. DonFrancisco stated that in addition to donations to the Police and Fire Departments, Del-Aire has also supported the Delray Citizens for Delray Police for the last thirteen years and those funds have been used for such things as the annual toy drive, the Easter Egg Hunt, and the Labor Day Police Challenge. On behalf of the rest of the citizens of Delray Beach and the City Commission, Mayor Schmidt thanked the Del-Aire/Delray Citizens for Delray Police for all the work that they do. Mayor Schmidt stated he had the opportunity to play in the tournament this year and feels fortunate to have observed an overwhelming enthusiasm from the residents of Del-Aire. 7.B. Delra¥ Camera Club Presentation: 7th Annual Members' Showcase "Delra¥ at Work and Play" -2- 04/03/01 Mayor Schmidt stated the Delray Camera Club is a group of amateur and professional photographers who meet twice a month to learn more about photography from one another, informative workshops, lectures, slide shows, field trips and monthly competitions. Each year the Delray Camera Club is invited to exhibit their work at City Hall. The Club's exhibit this year is "Delray at Work & Play". Club members were permitted to use one roll of film to take pictures anywhere in Delray Beach. Judges selected 48 photographs from 600 prints. These photographs are on display in the City Hall lobby through April 27th. The second floor exhibit is a selected collection of work over many years of competitions and exhibitions by members of the Delray Camera Club. Mayor Schmidt stated it is with great pleasure to introduce the following winners of this year's competition and present each winner with a Certificate of Achievement: HONORABLE MENTION Earl Crane "Climbing is Fun at Lake Ida" Abe Marder "Ready For Rain" Seymour Robbins "Demonstration at Hatsume Fair" Shirley Wenger "Doubles" Shirley Wenger "The Biker" Ruthe Zucker "Good Job" Third Place Robert Boylson "Fountains For Youth" Second Place Marion Kofman "Sand Digger" -3- 04/03/01 First Place Henry Huss "Special Time at Veterans Park" Florence Greenberg~ President of the Delra¥ Beach Camera Club, stated the Club enjoys and looks forward each year to be invited to participate at City Hall. Mrs. Greenberg stated the Delray Beach Camera Club will endeavor to make the City proud of them and is hopeful that there will be many future years of enjoyment. go CONSENT AGENDA: City Manager Recommends Approval. 8.A JOINT PARTICIPATION AND PROJECT FUNDING AGREEMENT /PALM BEACH COUNTY: Accept a Joint Participation and Project Funding Agreement with Palm Beach County in the amount of $948,431.50 for the construction of utility upgrades and relocation associated with the Lake Ida Road Widening Project. Funding is available in the amount of $219,051.50 from 442-5178-536-65.18 (Lake Ida Road Utility Relocations), $206,648.00 from 441-5161-536-63.78 (Chatelaine Lift Station) and $522,732.00 from 441- 5181-536-69.21 (Barwick/Lake Ida Road Force Main). 8ogo FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECT (FDEP) PERMIT FEES: Approve permit fees in the amount of $16,500 for FDEP related to the Year 2001 Beach Nourishment Project. Funding is available from 332-4164-572-49.90 (Beach Restoration Fund). 8.C. REQUEST TO SUBORDINATE CITIES' SECOND MORTGAGE POSITION: Approve request to subordinate the Cities' second mortgage position in the amount of $17,094 to avoid foreclosure for a Housing Rehabilitation Program recipient. 8.D. RESOLUTION NO. 29-01: Approve a resolution assessing costs for action necessary to remove junked and/or abandoned vehicles from five (5) properties throughout the City. The caption of Resolution No. 29-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE DATE AND -4- 04/03/01 FOR A DUE DATE AND 1NTEREST ON 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 NOTICE OF LIEN. (The official copy of Resolution No. 29-01 is on file in the City Clerk's Office.) 8.E. RESOLUTION NO. 30-01: Approve a resolution assessing costs for action necessary to abate nuisances on eight (8) properties throughout the City. The caption of Resolution No. 30-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 30-01 is on file in the City Clerk's Office.) 8.F. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a subsidy for one (1) eligible applicant/family in the amount of $15,000, for property located at 135 NW 8th Avenue. This represents the 121st applicant/family under the Delray Renaissance Program. Funding is from 118-1924-554-83.01 (SHIP Program). 8oGo REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period March 19th through March 30, 2001. 8oHo AWARD OF BIDS AND CONTRACTS: -5- 04/03/01 8.H.1. Bid award in the amount of $93,087.90 to Drilling Services, Inc., for the abandonment and re-construction of Drinking Water Well #26 with funding from 442-5178-536- 61.82 (Water/Sewer Renewal & Replacement). Mrs. Archer moved to approve the Consent Agenda, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor $chmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. o REGULAR AGENDA: 9.A. CONTRACT AWARD/MEGAN SOUTH, INC. (West Atlantic AVENUE BEAUTIFICATION - PHASE 1) Consider approval of a contract award in the amount of $1,170,187.00 to Megan South, Inc., (second low bid) for the West Atlantic Avenue Beautification - Phase 1. Funding is available from 441-5161-536-65.49 (West Atlantic Water Main) for $87,310.75 and $1,082,876.25 from the CRA. Randal Krejcarek, City Engineer, stated staff is recommending approval of a contract award in the amount of $1,170,187.00 to Megan South, Inc., for the West Atlantic Avenue Beautification - Phase 1 (the second low bidder as the lowest responsive bidder). The low bid came in at $1,136,862.16 from B&A Construction. Individual meetings were conducted with each of the two low bidders to review scope, subcontractors and qualifications for doing this type of work. Staff found that B&A never constructed a beautification project whereas Megan South had successfully completed several. B&A's scope of work generally consisted of landscaping and irrigation subcontracted to a general contractor, whereas Megan South's scope of work was primarily done as a general contractor. Mr. Perlman asked Mr. Krejcarek when he anticipates Phase II would begin? In response, Mr. Krejcarek stated he is unsure when the West Atlantic Avenue Beautification Phase II will begin because this is being done with grant money from the Federal Government. Mr. Krejcarek stated the money for Phase II would not be available for another 3-4 years. Mr. Perlman asked if there are renderings available for this project? Mr. Krejcarek stated there are drawings in the Engineering Department that show what the streetscape is going to look like. Mr. Perlman asked if staff is working with Treasure Coast on the MacArthur initiative and stated they are looking for all the information that could to be given to their urban designers so they know what is in the works. Mr. Krejcarek stated that the Engineering staff could provide them with the landscaping and the hardscaping parts of the plan. Mr. Levinson moved to approve the Contract Award in the amount of $1,170,187.00 to Megan South, Inc. as second low bidder and second responsive bidder, for the -6- 04/03/01 West Atlantic Avenue Beautification Phase I, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. At this point, the City Manager commented that this was put out to bid last summer and the Commission rejected the bid in August because the City only received one bid. This bid the Commission just awarded to Megan South, Inc. is $380,000 less than the only bid the City received last year. Therefore, the City saved $380,000 by waiting. 9ogo REQUEST TO PARTICIPATE IN AMERICORPS FLORIDA READS! FOOD DRIVE: Consider a request from the Education Foundation of Palm Beach County to participate in AmeriCorps Florida Reads! Palm Beach County "Food Drive" during the week of April 23rd through April 27, 2001. Teri Whalem Councilwoman for the City of Greenacres, stated Americorp Florida Reads is a Nationwide Literacy Program that was developed by President Clinton to help students read better by the end of the third grade. Ms. Walen stated their program services five elementary schools in Palm Beach County, which includes Orchard View Elementary School (located on Linton Boulevard). At this point, Ms. Whalen introduced Harriet Feldman and Dorothy Leaven, both tutors from Orchard View Elementary School. One of their projects is to sponsor a volunteer project during the last week of April during the celebration of National Volunteer Service Week. Ms. Whalen stated their project is going to be a food drive at five sites and they are asking various business partners from around the community to participate in varying degrees. In addition, Ms. Whalen stated they are asking the City Councils of each of the five cities to donate funds according to the pounds of food that the children raise to be donated back into the schools for literacy and books only. Ms. Walen stated it would be acceptable for the City of Delray to place a cap on the amount of money that is donated if they so desire. The food collected will stay in the community of Delray Beach and the school will select a food bank to receive all the food that the children collect. In return, one of those classes will receive a pizza party from a business partner within Delray Beach. Mayor Schmidt stated the City Manager noted there is no estimate as to what the funding might be. Ms. Whalen stated Greenacres has decided to donate a lump sum of $200 towards the effort. Ms. Whalen stated there is no way to know how many pounds of food the children will raise until the end of the month. The City Manager stated the City should have some money available during the mid-year budget process and at that point it could be designated. However, the City Manager stated the City has currently exhausted its contingency for this type of request. -7- 04/03/01 Based on the preliminary estimates for mid-year, Mayor Schmidt asked the City Manager if he has a recommendation if the Commission decides to make a donation? The City Manager stated he does not have any preliminary estimates for mid-year, however, if the Commission is looking at a fixed amount then he would recommend a $500 donation. Before the City considers making any type of donation, Ms. McCarthy stated there are at least five schools in the Delray Beach area and explained it is quite probable another school also has a very worthy cause and may choose to come before the Commission with a similar request. Ms. McCarthy encouraged the Commission to be fully prepared when making the dollar allocation and to keep in mind that the allocation should be the same for this request as with any future requests that may arise from the other five schools. Based on comments expressed by Ms. McCarthy, Mrs. Archer moved to allocate $300 for the Palm Beach County "Food Drive", seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor $chmidt - Yes. Said motion passed with a 5 to 0 vote. 9.C. SPECIAL EVENT/CINCO DE MAYO FIESTA: Consider a request for special event approval to allow the Cinco De Mayo Fiesta to be held Saturday, May 5, 2001, including use, set-up and take-down of the large City stage, staff support for security and waiver of security costs. Robert A. Barcinski, Assistant City Manager, stated this is a request to endorse the Cinco De Mayo Fiesta to be held on Saturday, May 5, 2001, from 11 zOO a.m. - 10:00 p.m. at Old School Square, to grant a temporary use permit for LDR Section 2.2.6(H) for the closure of N.E. 1st Avenue from the alley north of Atlantic to the CRA lot entrance south ofN.E. 1st Street, to authorize use and set-up and take-down of the large City stage, to authorize staff support for security and to waive City costs. The estimated overtime cost for Police security is approximately $1,900. Last year, Mr. Barcinski stated there was an issue with not having enough port-a-lets to service the crowd so this year the City wants to insure that there are enough port-a-lets. Mr. Barcinski informed the Commission that he received a memo from the Downtown Development Authority indicating that instead of one port-a-let there will be three port-a-lets plus one handicap port-a-let, which should suffice. Mr. Perlman moved to approve the special event request to allow the Cinco De Mayo Fiesta to be held Saturday, May 5, 2001, from 11:00 a.m. - 10:00 p.m. at Old School Square with staff recommendations, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.D. SPECIAL EVENT/THE LEUKEMIA AND LYMPHOMA SOCIETY ANNUAL 2K WALK: Consider a request for special event approval to allow the Leukemia and -8- 04/03/01 Lymphoma Society Annual 2K Walk to be held on September 20, 2001, including a temporary use permit for the use of the sidewalks along A1A and Anchor Park, staff support, consideration of waiving overtime costs and the request to use Sandoway Park for overflow parking. Robert A. Barcinski, Assistant City Manager, stated this is a request to consider approval of the Leukemia and Lymphoma Society Annual 2K Walk to be held on September 20, 2001 from approximately 5:00 p.m. to 9:00 p.m., to grant a temporary use permit per LDR's Section 2.4.6(H) for the use of the sidewalks along Ocean Boulevard (A-l-A) and Anchor Park including reserving all parking spaces for the event, and to authorize police assistance for traffic control. The estimated overtime costs for this event is approximately $250.00. This event was held last September and overtime costs were approximately $85.00. The Commission should consider this is a nighttime event and both parking lots would have to be opened until at least 10:00 p.m. An option to utilize Sandoway Park would be Ingraham Parking lot. Mayor Schmidt asked if the issue of overtime has been discussed with the sponsor? In response, Mr. Barcinski stated the sponsor paid for the overtime costs last year and they are projecting a $22,000 profit and his recommendation is that the sponsor pays the overtime of $250.00. Mrs. Archer moved to approve the special event request to allow the Leukemia and Lymphoma Society Annual 2K Walk to be held on September 20, 2001, with staff recommendations, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.E. RESOLUTION NO. 31-01: Consider approval of Resolution No. 31-01 and Contract for Sale and Purchase between the City and Melanie & Gregory McElroy authorizing the City to purchase property located between the Woods of Southridge Subdivision and SW 4m Avenue in the amount of $21,650. The purpose of the acquisition is to provide public right-of- way. The caption of Resolution 31-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, DESCRIBED AS LOT 5, BLOCK 7, SOUTHRIDGE SUBDIVISION LOCATED BETWEEN THE WOODS OF SOUTHRIDGE SUBDIVISION AND S.W. 4TM AVENUE AS MORE PARTICULARLY DESCRIBED HEREIN; HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND -9- 04/03/01 CONDITIONS FOR THE SALE AND PURCHASE BETWEEN MELANIE & GREGORY MCELROY AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution 31-01 is on file in the City Clerk's office.) Brian Shutt, Assistant City Attorney, stated this resolution authorizes the City to purchase certain property located between the Woods of Southridge Subdivision and S.W. 4th Avenue from Melanie & Gregory McElroy for the purchase price of $21,650. The purpose of the acquisition is to provide public right-of-way. Mayor Schmidt commented about the funding source and stated the City Manager has clarified that the funding would be coming from the Road Bond Issue. Mr. Perlman moved to approve Resolution No. 31-01 and the Contract for Sale and Purchase between the City and Melanie & Gregory McElroy in the amount of $21,650, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.F. REQUEST FOR SPONSORSHIP/WORLD TRADE CENTER PALM BEACH: Consider a request from the World Trade Center Palm Beach to participate in the World Trade Luncheon. Alfred Zucaro~ Jr, Commissioner for the City of West Palm Beach and President of the World Trade Center, stated this is a request from the World Trade Center Palm Beach to contribute and participate in The World Trade Center Luncheon. In the past, Mr. Zucaro stated they held quarterly luncheons at the Governor's Club but are now doing luncheons monthly. The Luncheons are rotated on a monthly basis at three different locations throughout Palm Beach County and The Treasure Coast. The objective of the luncheons is to promote international trade in Palm Beach, Martin, St. Lucie, Indian River, Okeechobee and Hendry Counties. The luncheon will feature a country with Government speakers and Consul Generals from the featured country. Mr. Zucaro stated another objective is to begin to regionalism all of these business opportunities in working with the various Chambers encouraging them to participate. The April luncheon will be held at the Boca Country Club on April BOth with Ron Chaimovski, Economic Minister to North America Government of Israel, who will be accompanied by Miki Arbel, Consul General of Israel to Florida & Puerto Rico. Mr. Arbel is the new Consul General appointed to the Diplomatic Office in Miami. The Miami Diplomatic Corp is the third largest diplomatic Corp in the world and it is with them that these programs have been developed to encourage them to come out of Miami and come up to Palm Beach County. -10- 04/03/01 Mr. Zucaro asked the City of Delray Beach to help sponsor this with the City of Boca Raton so the entire South Palm Beach County area is covered. Mr. Zucaro anticipates a sell-out crowd of between 220-230 people. Mr. Zucaro stated this is a way that the South Florida community can enter into better relations for trade, commerce and tourism. He urged the Commission to participate because he feels this is a great opportunity for the City to highlight the general area of Palm Beach County and to continue in the development of a global concept in our region. Mayor Schmidt stated both Bill Wood and Susie Simms from the Chamber of Commerce have contacted him encouraging the City to participate in this event. Commissioner Zucaro stated he has had very successful interaction with a lot of the Chambers in the South County area and complimented Bill Wood, Director of the Delray Beach Chamber of Commerce. Commissioner Zucaro stated they are in the process of beginning to hyper-link their web site so that the Chambers do not have to develop subcommittees or committees for international matters and they will have access to The World Trade Center web site as well. Ms. McCarthy commented that she attended one of Commissioner Zucaro's previous seminars held at the Government Center and the representatives for economic development from Japan were there. She explained that Commissioner Zucaro created an atmosphere that was extremely instrumental and informative. In addition, Ms. McCarthy stated people had the opportunity to speak one-on-one about specific details other then the networking opportunity and she found this to be very progressive. Commissioner Zucaro thanked Ms. McCarthy for her comments. Mr. Levinson moved to approve that the City sponsor the World Trade Luncheon in the amount of $200, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 23-01 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending LDR Section 4.3.3(1) Foster Homes and Group Homes, and related zoning districts, pursuant to LDR Section 2.4.5(M). This ordinance is being modified by the City Attorney's office and will be continued to the April 17th meeting for First Reading/First Public Hearing. Mayor Schmidt noted that Ordinance No. 23-01 is being modified by the City Attorney's office and will be continued to the April 17th meeting for a First Reading/First Public Hearing. -11- 04/03/01 At this point, the Commission moved to Item 12, First Readings portion of the agenda. 12. FIRST READINGS: 12.A. ORDINANCE NO. 20-01: An ordinance amending Chapter 97 "Health and Safety", by creating Section 97.10 "Citrus Canker Control Procedures" of the Code of Ordinance thereby adopting a method to be adhered to by Vegetation Maintenance Companies and Public Utility Companies within the City of Delray Beach in order to help control the spread of Citrus Canker. If passed, a public hearing will be scheduled for April 17, 2001. The City Manager presented Ordinance No. 20-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A METHOD OF CITRUS CANKER DECONTAMINATION TO BE ADHERED TO BY VEGETATION MAINTENANCE COMPANIES AND PUBLIC UTILITY COMPANIES WITHIN THE CITY OF DELRAY BEACH; PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 20-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. The City Attorney stated there is a slightly amended ordinance in the agenda backup only because one Section needs to be labeled "2E". The City Attorney noted that page two is reversed in the copying order and would like to insure that the top section of the ordinance has a designation. Mr. Perlman asked what the procedure is for getting notification out to the public? In response, the City Manager stated all the companies that are licensed through the City will be notified or if the City finds out about other companies they will try to get in touch with them to inform them. Also, the City Manager stated perhaps if Code Enforcement personnel witnesses whether or not someone has decontamination equipment with them in the field, then at that point they can be educated on what appropriate measures should be taken. Mr. Perlman asked if this is an enormous expense for a company to guard against? In response, the City Manager stated he feels it would be a fairly minor expense because all it takes is mixing Clorox bleach and water and in a bottle to spray on the equipment. -12- 04/03/01 The City Manager stated although there are other options, this appears to be the simplest method. Mrs. Archer suggested that the City publicize to inform citizens that if they see someone working in the field and suspect they are not licensed, then the citizens would have a place to call and report the incident. The City Manager stated that staff could get the message out to the citizens. Mr. Perlman moved to approve Ordinance No. 20-01 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 25-01: An ordinance rezoning from PCC (Planned Commerce Center) to RT (Restor Tourism) for Glacier Ice and Snow Arena on a 5.963 acre parcel of land, located at the southeast corner of Lake Ida Road and Congress Avenue (north half of the Congress Commerce Center site). If passed, a public hearing will be scheduled for April 17, 2001. The City Manager presented Ordinance No. 25-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PCC (PLANNED COMMERCE CENTER) DISTRICT TO RT (RESORT TOURISM) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE SOUTHWEST CORNER OF CONGRESS AVENUE AND LAKE IDA ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 2000"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 25-01 is on file in the City Clerk's office.) Mayor Schmidt noted that Ordinance No. 25-01 has been postponed indefinitely. 12.C. ORDINANCE NO. 22-01: An ordinance amending Chapter 4, "Zoning Regulations" of the LDR's by amending Section 4.6.7, "Signs", clarifying the purpose and regulations relating to non-commercial speech; repealing the sign matrix chart and enacting a new sign matrix chart; amending the definition section by amending the definitions of on- premise sign and vehicular sign. If passed, a public hearing will be scheduled for April 17, 2001. -13- 04/03/01 The City Manager presented Ordinance No. 22-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 4.6.7, "SIGNS", IN ORDER TO CLARIFY THE PURPOSE AND TO CLARIFY REGULATIONS RELATING TO NON-COMMERCIAL SPEECH; REPEALING THE SIGN MATRIX CHART AND ENACTING A NEW SIGN MATRIX CHART; AMENDING THE DEFINITION SECTION BY AMENDING THE DEFINITIONS OF ON-PREMISE SIGN AND VEHICULAR SIGN; PROVIDING FOR ENFORCEMENT AMENDING CERTAIN RESTRICTIONS; PROVIDING FOR RELETTERING AND RENUMBERING; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. (The official copy of Ordinance No. 22-01 is on file in the City Clerk's office.) The City Attorney stated the City received a letter regarding Ordinance No. 22-01 and stated that the intent of the ordinance was clear that the City never intended to prohibit non- commercial speech. However, the City Attorney stated although this was not the City's intent and this is not how it has been applied, this has thrown out certain sign codes on the basis that non-commercial speech was not given as much leeway. The City Attorney explained that under the law it really should be reversed and non-political speech receives higher protection then commercial speech. In order to make certain and clarify every word in the ordinance, amendments have been made. The City Attorney reiterated that the primary change to the ordinance is the amendments. A few other things such as removing the word "text" and signs were not regulated by the exact words so little adjustments were made to get this underway. The Community Improvement Department is currently reviewing the sign code in great detail and more sign code changes will be forthcoming. Mr. Levinson moved to approve Ordinance No. 22-01 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 Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. -14- 04/03/01 12.D.1. Discussion of Pending Off-Premise Sign Applications The City Attorney stated that on March 26, 2001 a meeting was held between City staff and Florida Outdoor Advertising representatives regarding four applications for off- premise signs that were submitted by Florida Outdoor Advertising. Florida Outdoor Advertising has alleged that the City's sign ordinance is unconstitutional in that it impermissibly offers greater protection for commercial speech as related to non-commercial speech. The City Attorney stated that Florida Outdoor Advertising made four sites for a potential billboard and they eliminated two of those sites and thus is suggesting a compromise of two sites. Brian Shutt, Assistant City Attorney, stated that Florida Outdoor Advertising found two other applications today for two other sign locations. The City Attorney stated that Florida Outdoor Advertising originally filed four applications bringing the total number of applications to six. Therefore, the City Attorney stated Florida Outdoor Advertising would like to settle with the City with two sites. The City Attorney explained that the southern district of Florida and Federal Court (an appeal) ruled that another ordinance was unconstitutional and this is the goal of outdoor advertising firms because then there is no regulation at all. To avoid an appeal, the City of Pompano Beach swiped out a lot of the billboards in town for the billboards along 1-95. From the maps submitted, Mr. Shutt explained that Florida Outdoor Advertising would like to erect one 50' height billboard advertising two Uncle Bob's Storage areas along Congress Avenue, not the Linton Boulevard site. One location is 551 S. Congress Avenue and the other location is 782 S.W. 17th Avenue. Mr. Shutt reiterated that the same storage facility would be in both locations. Mrs. Archer asked if this would have any affect on the sign on West Atlantic Avenue and Barwick Road? In response, the City Attorney stated that was a condition of development and there is some legislation pending regarding this issue. The City Attorney asked if there are any other areas in town where as a conditional of approval the City asks them to take down their signs? In response, Mr. Dorling stated there are two signs south of Lindell Boulevard between Federal Highway and Dixie Highway. One sign has been taken down and the other will be taken down in a couple of weeks. The City Manager stated the City has a number of other sites where the City may want to consider doing this in the future. Mr. Perlman stated, as he understands it that legislation would prevent the advertising of billboards on any road or highway. The City Manager stated this is correct but the City does not advertise. The City Manager stated it also prevents requiring their removal as a condition of the development order, which the City has done in several cases. Mr. Dorling stated two signs along the West side of Military Trail were required to be removed. -15- 04/03/01 Mr. Perlman stated he spoke to Senator Kline who feels the City's current ordinance would have difficulty in Court. Mr. Perlman stated this is not pleasant and asked if the City settles for these two sites can we close the door and write an ordinance that would prevent anyone else from doing this? In response, the City Attorney explained that the purpose of making the changes is to rectify some infirmities. As Mayor Schmidt mentioned, the City Manager stated that the City is dealing with a trial court decision at this point and we do not have an appeals court decision. Furthermore, the City Manager stated they are talking about a few huge billboards that are over 900 square feet in size and the question is whether the appeals court will uphold the ordinance and sever the small part of it that is really involved. Mayor Schmidt asked if a portion of the ordinance is severed out, how would this affect the existing ordinance? In response, the City Attorney explained that currently the City does not allow billboards of this size and so the banning of the signs would apply to commercial and non-commercial signs. The City Attorney stated the City has always maintained that we never did prohibit non-commercial speech. For example, the City regulates the signs for a business that it has to be related to that particular business. At the same time, the City Attorney stated the City has never said it could not be some other thought. Mr. Levinson expressed concern over this issue and feels the City may be taking on an industry with mega money. He feels if there is a compromise for the request for two more sites and then it is all over, that may be a good alternative. However, Mr. Levinson shares Mr. Perlman's concerns about this turning into a potential problem if Florida Outdoor Advertising requests two more sites then requests another two more sites and so on. Mr. Levinson stated that the Commission feels they need to defer this to the City Attorney because if this ordinance is rewritten so it does not contain the provisions that it then struck, he feels it would be much stronger than the existing ordinance. Discussion by the Commission followed. Mrs. Archer asked if the City is left with the two signs along 1-95 can the City make any rules as to how they should look? In response, the City Attorney stated she is requesting whether or not to continue discussions and address certain aspects that are being raised now such as moving 3-sided signs etc. With regard to his conversation with Florida Outdoor Advertising, Mr. Perlman stated they seem to be very cooperative in working with the City. The City Attorney reiterated that the two sites the Commission is discussing this evening are the two northernmost dots on the map and are the sites that Florida Outdoor Advertising is requesting to keep not the Linton Boulevard site. -16- 04/03/01 Mayor Schmidt stated he concurs with the City Manager but it may be a lesser of two evils to try and work towards a compromise and include in future discussions the size of the signs. It was the consensus of the Commission to direct staff to continue moving forward with negotiations. 12.D. ORDINANCE NO. 24-01: An ordinance amending LDR "Definitions" section to provide clarification to the definition "Ground Floor Building Area". If passed, a public hearing will be scheduled for April 17, 2001. The City Manager presented Ordinance No. 24-01: 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 DELRAY BEACH, FLORIDA, BY AMENDING APPENDIX 'A", "DEFINITIONS", TO CLARIFY THE DEFINITION OF "GROUND FLOOR BUILDING AREA"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 24-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Doffing, Planning Director, stated this is to provide clarification to the definition of "Ground Floor Building Area" contained within the Land Development Regulations. At its meeting of September 14, 2000, the Board of Adjustment approved a variance to reduce the minimum required floor area in the Planned Commercial zoning district from 6,000 sq. ft. to 208 sq. ft. for a Murphy's Oil gasoline station. The basis for allowing the variance related to the argument that the pump island canopy should be included as floor area as it meets the current definition. This literal interpretation was supported by the Board of Adjustment and clearly was not the intent of the minimum floor area requirement of 6,000-sq. ft. in the PC zoning district. Ground Floor Building Area is currently defined as follows: "The percentage of the total area of a lot that, when viewed directly from above, would be covered by all principal and accessory buildings and structures." If this definition remains as currently written, similar requests would be -17- 04/03/01 anticipated for other gasoline stations and other types of developments which have canopies, such as drive-through bank facilities. This interpretation of the definition also creates conflicts with other sections of the LDRs, which deal with requirements based on floor area, such as parking and the minimum floor area for residential structures. To clarify the issue, the following definition is proposed: "The square feet of floor space measured from the exterior faces of the exterior walls of the ground floor of all principal and accessory buildings on the lot." The Planning and Zoning Board held a public hearing regarding this item at its meeting of March 19, 2001. There was no public testimony regarding the amendment. After discussing the item, the Board voted 7-0 to recommend to the City Commission approval of the proposed text amendment, based upon positive findings with respect to LDR Section 2.4.5(M). Mr. Dorling stated the recommended action is to approve the amendment to the "Definitions" section of the LDRs (Appendix A) regarding ground floor building area based upon the findings and recommendations by the Planning and Zoning Board. After discussion, Ms. McCarthy moved to approve Ordinance No. 24-01 on FIRST Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 12.E. ORDINANCE NO. 26-01: An ordinance amending Chapter 71, "Parking Regulations", of the City Code or Ordinances by amending Section 71.07, "When Impoundment Authorized", by amending Subsection (E) to include emergency vehicles. If passed, a public hearing will be scheduled for April 17, 2001. The City Manager presented Ordinance No. 26-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71, "PARKING REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 71.070, ' WHEN IMP OUNDMENT AUTHORIZED", B Y AhdENDING SUB SECTION (E) TO INCLUDE EMERGENCY VEHICLES; PROVIDING A SAVING CLAUSE A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. -18- 04/03/01 (The official copy of Ordinance No. 26-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. The City Manager explained this ordinance is being presented to the Commission because of a concern about people parking in front of the gate at Eve Street (Tropic Isles subdivision). The City approved cutting off the street and there is a gate to allow emergency vehicles to get through. However, the City Manager stated that if people park in front of the gate, emergency vehicles will not be able to get through. It was determined that the ordinance be more clearly defined as to allow emergency vehicles the right of access where they may be impeded by illegally parked vehicles to provide for the access of the emergency vehicles. Mr. Levinson moved to approve Ordinance No. 26-01 on FIRST Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC - IMMEDIATELY FOLLOWING THE PUBLIC HEARINGS. ll.A. City Manager's response to prior public comments and inquiries. In response to a prior inquiry regarding the swales on S.W. 8th Court, the City Manager stated that this street is included in the Road Bond Program and explained that swales are not intended to remedy drainage problems but are a requirement under the current National Pollution Discharge Elimination System (NPDES) permit. The main purpose of the swale is to provide treatment of the first flush of rainwater by letting it wash off whatever is on the street into the swale where the water would then soak into the ground. In areas such as S.W. 8th Court where the soil is very sandy swales also allow rainwater to percolate back instead of sending it directly into the large body of water which is usually the Intracoastal Waterway. During extremely dry periods, which is currently the case, this percolation is very valuable. The City is committed to developing grass to swales in any residential neighborhood when other infrastructure improvements are implemented. Along with roadway resurfacing, S.W. 8th Court is having the two-inch water main upgraded to a larger size. The ponding, which was referred to along S.W. 4th Avenue will be addressed as part of a future project already, identified in the Capital Improvement Program (CIP). The City Manager stated that he met with Mrs. Griffin this morning and feels she is satisfied with the City's present course of action. In addition, the City Manager explained that the City will increase Mrs. Griffin's driveway by four feet in order to make it wide enough to accommodate her with her wheelchair when she is maneuvering around her vehicle. -19- 04/03/01 In response to Mr. Randolph's concern regarding Roper's Grocery and Deli located at 24 N.W. 8thAvenue, the City Manager stated this was approved for occupancy on July 24, 2000. The City Manager explained that customers coming to the store for parking directly across the street are now using the vacant property. With regard to a previous comment made by Mr. Randolph, the City Manager stated that Mr. Roper has approval from the property owner to use the property. However, the City Code requires that any off-site parking be done through a formal agreement and usual improvement of the lot as a temporary parking lot is required. The City Manager stated that the City feels Mr. Randolph is referring to the situation with the Back Room where the Community Redevelopment Agency (CRA) allowed them to use the vacant and unimproved land to do their business for overflow parking. The CRA felt this was a temporary situation when they agreed to this arrangement. However, the Back Room had plans, which had been drawn up after purchase of additional property to construct a parking lot as part of his redevelopment plan. Mr. Roper does not have any such plans in place that the City is aware of. Also, all the approved spaces for sidewalk cafes are designated and identified with markers on the sidewalk so that during non-working hours, Police can ensure that businesses comply with the requirement to maintain a five foot pedestrian access. To further monitor this, the City Manager stated that the Code Enforcement staff would be checking the downtown corridor in concert with their 6:00 a.m. starting time and any non-compliance issues will be addressed. With regard to the NICE Program, the City Manager stated the program is focused along Atlantic Avenue between 1-95 and N.E. 5th Avenue and at this time the City does not plan to address businesses on side streets. The City Manager stated that the City has received some complaints from the neighbors regarding noise generated from people sitting at the tables behind Mr. Roper's business in the evenings. This is part of the reason the City has been involved in what is going on there. Ms. McCarthy inquired as whether or not there have been complaints about noise during the day versus the evening and asked if there is a time certain that Mr. Roper has to have a formal agreement turned into the City regarding the vacant lot? The City Manager stated he would look into both of these issues. 11.B. From the Public. ll.B.1. Fred W. Love~ 315 N.W. 18th Street, stated that The Palm Beach Post made an editorial comment regarding the action made by the City Commission at its March 12, 2001 Special Meeting regarding the Citrus Canker issue. Mr. Love stated the editorial was very critical of the actions of the Commission so following that he wrote a letter to the editor criticizing their action. Since the newspaper did not publish his letter, Mr. Love read his March 14, 2001, letter into the record. He feels the action on behalf of the Commission is appropriate and commendable and thanked the Commission for their support. -20- 04/03/01 ll.B.2. Ruth Silvermam Secretary of the Homeowners' Association of the Villas of Rainberry Lake~ expressed concern over a particular incident where eight trucks from the Department of Agriculture came into her neighborhood to cut down the trees. She stated that each truck had personnel of three and the Department of Agriculture was accompanied by a Palm Beach County Sheriff's car as to intimidate the residents. She feels the crews are very careless and sloppy. Mrs. Silverman stated that today the crews broke two windows at one residence and a sprinkler pipe at another residence, which has not yet been repaired. The broken sprinkler pipe flooded not only that home but the home behind it as well. Mrs. Silverman stated she is outraged over this situation and feels the citizens have not received a fair hearing. She asked the Commission for their continued support and assistance regarding the Citrus Canker issue and urged the City of Delray to protest the use of the Palm Beach County Sheriff' s car. ll.B.3. Jack O'Reill¥~ representing Jardin del Mar~ explained that Jardin del Mar is located at 200 South Ocean Boulevard and is bonded by Ingraham Avenue, Gleason Street, and Ocean Terrace. Mr. O'Reilly stated the Sandoway House has a parking lot at the Ingraham Avenue entrance and the entry off Ingraham Avenue is approximately 50 feet west of South Ocean Boulevard. Mr. O'Reilly stated that on a weekday or weekend while driving south on South Ocean Boulevard heading down Ingraham Avenue he has observed the traffic pattern going into the Sandoway parking lot. From Atlantic Avenue heading south on South Ocean Boulevard while heading down Ingraham Avenue people use the Sandoway parking lot to make U-turns then drive up South Ocean Boulevard turn left (north) again to head towards Atlantic Avenue. He feels this presents two major problems. One, the traffic is continual and there are very many near accidents that occur, and second, the street are extremely narrow (18 feet across). When an individual reverses and makes a left hand turn on South Ocean Boulevard, Mr. O'Reilly stated they are making an illegal turn because there is a sign that clearly states that they should not make this turn. Mr. O'Reilly suggested that the Commission look into making Ingraham Avenue and Ocean Terrace one-way streets and feels that the proposed solution should be incorporated as an addendum to the Ingraham Sidewalk Improvement Project which is currently underway. ll.B.4. Rosetta Rolle~ 301 N.W. 3ra Avenue~ stated she inquired about the status and scheduling of the sidewalks in the northwest area. Due to heavy pedestrian traffic in this area, Mrs. Rolle stated there is a great need for sidewalks particularly on N.W. 3rd Avenue. She asked what the plans are for sidewalks and what is the procedure for getting sidewalks in the northwest area between Lake Ida Road and in some instances Atlantic Avenue or Martin Luther King Drive. The City Manager stated he will have to do some research on this to determine what streets are scheduled to have sidewalks. -21- 04/03/01 ll.B.5. Dr. Josh Smith~ 3616 Avenue De Giem stated he realizes needs assessment study is being done with regard to Parks and Recreation. However, he feels this issue for the need of additional tennis courts at Pompey Park was initially raised in November of 1996. Dr. Smith supports the needs assessment for Parks and Recreation and commented that this is the first citywide needs assessment by Parks and Recreation. He stated Parks and Recreation Department has refused to consider additional tennis courts at Pompey Park and recommended eliminating the Pompey Park Advisory Committee (Disbanded on 02/01/00) which allowed citizen input. He stated that the citizens have said that they would like to see additional tennis courts and they have also expressed interest in having an Advisory Committee at Pompey Park so that they can give input on items such as programs, activities, the budget facilities, and to make recommendations on the particular needs of the City's youth and adult segments of the community. Dr. Smith strongly suggested that the Advisory Committee should be integrated and suggested that members of the Advisory Committee not be employees of the Parks and Recreation Department. Dr. Smith stated he employs the Commission to bring to the staff who insists making unilateral decisions without including and considering input from citizens back in line with the directions that the Commission has established. With regard to City Board applications, Dr. Smith suggested that these applications be revised with information so that when a Commissioner is contemplating recommending an individual for a particular Board, an effort is made to alert a Commissioner of anything that may be suspicious. Dr. Smith stated that the way the application is presently structured, there is nothing that would remotely indicate that there is a "red flag" aspect. Dr. Smith stated that perhaps the City could establish a policy that could be inculcated into the application. Individuals who have been incarcerated and who have restored their citizenship would be a registered voter. He feels the question of whether or not an applicant is a registered voter is pertinent and if made part of the application it would help to remove the Commission from being in a precarious position. He urged the Commission to seriously consider this matter. ll.B.6. Barry Silver~ attorneys representing Delray Shores residents and Rainberry Bay~ echoed comments made by Dr. Smith and stated that in order to be able_to play tennis residents have to have access to tennis courts. Mr. Silver stated it would be beneficial for the City to provide additional tennis courts. With regard to the Citrus Canker issue, Mr. Silver thanked the Commission for getting involved and complimented Jay Jambeck, Assistant City Attorney, for all his efforts. Mr. Silver updated the Commission and stated that this has gone to Federal Court today. As for the trees in the Rainberry Bay and Delray Shores area, these trees are still being protected and an effort is being made to try to compensate those people who's rights have been violated by the Department of Agriculture. -22- 04/03/01 ll.B.7. Kenneth Gra¥~ 696 Udell Lane~ stated that there are rumors in the Delray Shores area and asked for clarification as to whether or not Delray Shores is indeed covered under the City at this point. Regarding the citrus canker issue, the City Attorney explained that there is currently a "stay" in place for Delray Shores and the "stay" was lifted only for Rainberry Bay and Rainberry Villas. Mr. Gray expressed his appreciation to the City Attorney for clarifying this issue. 11.B.8. Alice Finst~ 707 Place Tavant~ thanked the City Attorney's office for keeping her informed regarding the Citrus Canker issue and asked why the Monday meeting did not happen. Secondly, Ms. Finst asked if the City filed only on behalf of their four trees, how much of this umbrella covers the entire City and why did the City only file on behalf of their four trees and not include the entire geographical area of the City? Regarding the Monday meeting, the City Attorney stated although the order was received today at this particular hearing the Judge had other duties. The City Attorney explained that the case was filed on behalf of the City of Delray Beach and all its citizens. In addition, the City Attorney stated the City tried to get a hearing twice and was denied. The City is on a docket for July 17, 2001, which indicates that this is not being treated as an emergency. On March 30, 2001, the City filed another petition with the appellate court seeking a specialized "Writ" and today the City received the order from the appellant court that gave the Judge, the Department of Agriculture, and others seven days to respond to the petition in order to show cause why they did what they did. Therefore, the City Attorney stated that response is due within seven days. At this point, Ms. Finst inquired as to why the trees in Rainberry Bay are being cut? Upon question from Ms. Finst, the City Attorney stated that in Delray Shores Mr. Silver has filed a "stay" action which the appellate court granted as it pertained to the initial final order that was issued by the Department of Agriculture and there was an administrative review of that and the appellate court "stayed" any cutting until that process was concluded. The Rainberry Bay and Villas was concluded, the "stay" was lifted and therefore, the Department of Agriculture is cutting the trees. The Delray Shores process was not concluded has not been as of yet, and therefore the "stay" is in effect. The City Attorney explained that currently this is why the Department of Agriculture is cutting trees in Rainberry Bay and Rainberry Villas and not cutting trees in the Delray Shores area. ll.B.9. John Bennett~ 137 Seabreeze Avenue~ congratulated the newly seated and the newly elected Commissioner Jon Levinson. Mr. Bennett asked who owns the citrus trees on the right-of-way along George Bush Boulevard between the road and the sidewalk on both sides of the bridge? -23- 04/03/01 Mr. Bennett stated that in June 2000, the City Commission had a conversation, which subsequently was interpreted as a consensus to no longer permit sidewalk deferral agreements. Subsequently, a sidewalk deferral agreement was entered into because it was already in the works and the backup material for that action said that there was a policy against the agreements. Mr. Bennett explained at the February 6h Regular City Commission Meeting the City Manager responded to Mr. Bennett's concern and stated that "The Engineering Department conducted a comprehensive overview of existing sidewalks, sidewalk deferrals and sidewalk waivers. Once this information is compiled, it will be presented to the Commission for discussion and direction." At the Regular City Commission Meeting of March 20, 2001 there were two sidewalk deferral agreements that the City entered into. He inquired as to what happened to the review and suggested that the City analyze the actions in light of the policies that the City is developing. As was brought up at the Annual Town Hall Meeting, Mr. Bennett asked if there has been any progress towards getting a Community Unity Strategy and Action Plan in place and inquired about the current status. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager. In response to the comment made by Mrs. Silverman, the City Manager stated the Palm Beach County Sheriff has concurrent jurisdiction throughout the county including inside all municipalities so he has full authority to operate inside our City. Secondly, regarding the inquiry about the status of the Bill for compensation as it relates to the Citrus Canker, the City Manager stated that this is now in the Appropriation Subcommittee on general government and as of yesterday, the committee did not indicate when it might be heard or discussed. The City Manager stated that at the Palm Beach County League of Cities Board meeting there was a lot of discussion regarding Senate Bill 744 that would mandate the issuance of building permits under certain circumstances. There would be a certain length of time to issue the permit and if it were not issued within that length of time it would be issued. The City Manager expressed concern over this Bill and feels it completely ignores the entire process that can happen that may sometimes cause a delay. He stated this is a reaction primarily to things that are happening in Dade County where it can take up to six months or more to obtain a building permit. The City Manager announced that Retha Lowe, President for the Palm Beach County League of Cities, was defeated for re-election in Lake Worth. The Mayor of Hypoluxo has moved up to that position and Ms. Lowe will also have to be replaced on the Florida League -24- 04/03/01 of Cities Board and the Treasure Coast Regional Planning Council. Furthermore, the City Manager informed the Commission that Commissioner Bill Moss from West Palm Beach was appointed to the Impact Fee Committee to represent the Palm Beach County League of Cities. 13.B. City Attorney. The City Attorney publicly thanked Jay Jambeck, Assistant City Attorney and expressed her appreciation for the long hours he has worked and for the tremendous job he has done with regard to the litigation on the Citrus Canker issue. 13.C. 13.C.1. City Commission. Commissioner Levinson had no comments or inquiries. 13.C.2. Commissioner McCarthy stated she attended a conference for the newly formed Palm Beach County Conference of Black Elected Officials and Delray Beach will host its first meeting. Ms. McCarthy invited everyone to attend this meeting which will be held April 27th at 5:00 p.m. Although a location has not yet been determined, Ms. McCarthy stated that at this time there would be at least 15 people attending and there is a possibility of the attendance increasing to approximately a total of 27 people. The City Manager stated people are required to submit a budget with their annual request when asking for money for special events. With regard to the funding requests that are being presented to the Commission during mid-year, the City Manager explained that the City has not traditionally asked for this type of information but can if they feel it is necessary. Per Commissioner Perlman's suggestion, the City Manager stated that there is going to be discussion at the April 10th Workshop meeting about developing a policy on how to handle mid-year grant requests. In order to start preparing for next year, Ms. McCarthy stated she would like to see the City place a cap on the amount of funds that will be allocated for recreational events. Ms. McCarthy commented about the City Board applications and requested that the City Board/Committee application and Board structure be reviewed at the April l0th Workshop meeting. 13.C.3. Commissioner Perlman stated that at the Downtown Business Area Plan Steering Committee meeting sponsored by the John D. and Catherine T. MacArthur Foundation met last evening and is now fully ready for the Charrette. Mr. Perlman complimented and thanked Jeff Costello, Staff Liaison, along with the entire committee that handled the marketing. Mr. Perlman stated the committee deserves recognition for a job well done. Mr. Perlman announced that the Charrette will be held on Friday, April 27th from 7:00 p.m. - 9:00 p.m. and Saturday, April 28th from 9200 a.m. - 3:00 p.m. at Pompey Park Recreation Center and Friday, -25- 04/03/01 May 4th from 7:00 p.m. - 9:00 p.m. in the City Commission Chambers. Commissioner Perlman stated these meetings are open to the public and encouraged everyone to attend. With regard to Jay Slavin's letter from Visions 2010, she commented about whether there is a fee. Mr. Perlman stated he checked and there is apparently no fee required. With regard to Vice-Mayor McCarthy's concerns regarding the Board applications, Mr. Perlman stated he would like to take a comprehensive look at the City Boards including the CRA and review the structure, length of terms, and the criteria of these Advisory Boards. 13.C.4. Commissioner Archer stated with regard to the cutting of the trees and workman tramping on properties, she suggested that perhaps the City look into having someone available while this is going on to try and provide some sort of decorum of reasonable care for peoples property. Secondly, Mrs. Archer stated she has listened to Mrs. Rolle's comments regarding the need for sidewalks for quite some time and asked if staff could evaluate heavy pedestrian traffic versus vehicle traffic in communities throughout the City to try and determine when a sidewalk is needed in a particular area. 13.C.5. Mayor Schmidt commented about an article in the Florida Trend Magazine, which mentions maintaining small town flavor and stated the first town mentioned is Delray Beach. He encouraged the Commission to read this article in the current issue of Florida Trend Magazine. There being no further business, Mayor Schmidt declared the meeting adjourned at 8:25 p.m. Acting City Clerk ATTEST: MAYOR -26- 04/03/01 The undersigned is the Acting City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the Regular City Commission Meeting of said City Commission of April 3, 2001, which minutes were formally approved and adopted by the City Commission on Acting 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. -27- 04/03/01 May 4th from 7:00 p.m. - 9:00 p.m. in the City Commission Chambers. Commissioner Perlman stated these meetings are open to the public and encouraged everyone to attend. With regard to Jay Slavin's letter from Visions 2010, she commented about whether there is a fee. Mr. Perlman stated he checked and there is apparently no fee required. With regard to Vice-Mayor McCarthy's concerns regarding the Board applications, Mr. Perlman stated he would like to take a comprehensive look at the City Boards including the CRA and review the structure, length of terms, and the criteria of these Advisory Boards. 13.C.4. Commissioner Archer stated with regard to the cutting of the trees and workman tramping on properties, she suggested that perhaps the City look into having someone available while this is going on to try and provide some sort of decorum of reasonable care for peoples property. Secondly, Mrs. Archer stated she has listened to Mrs. Rolle's comments regarding the need for sidewalks for quite some time and asked if staff could evaluate heavy pedestrian traffic versus vehicle traffic in communities throughout the City to try and determine when a sidewalk is needed in a particular area. 13.C.5. Mayor Sehmidt commented about an article in the Florida Trend Magazine, which mentions maintaining small town flavor and stated the first town mentioned is Delray Beach. He encouraged the Commission to read this article in the current issue of Florida Trend Magazine. There being no further business, Mayor Schmidt declared the meeting adjourned at 8:25 p.m. Acting City Clerk ATTEST: MAYOR -26- 04/03/01 The undersigned is the Acting City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the Regular City Commission Meeting of said City Commission of April 3, 2001, which minutes were formally approved and adopted by the City Commission on ~ /~, ~Oot' Acting City Clerk NOI;E 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. -27- 04/03/01