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04-17-01APRIL 17~ 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 6:05 p.m., Tuesday, April 17, 2001. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Jon Levinson Commissioner Alberta McCarthy Commissioner Jeff Perlman Mayor David Schmidt Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. INVOCATION. Reverend Donald Munro with St. Vincent Ferrer Catholic Church delivered the opening prayer. PLEDGE OF ALLEGIANCE TO THE FLAG. The Pledge of Allegiance to the flag of the United States of America was given. AGENDA APPROVAL. The City Attorney stated that approval of Item 8.A., Lease & Management Agreement/Spady House Property, should be subject to an agreement with the CRA to finish the building. Mr. Perlman moved to approve the Agenda, 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. APPROVAL OF MINUTES: Mrs. Archer moved to approve the Minutes of the Regular Meeting of March 6, 2001, seconded by Mr. Perlman. 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. 04/17/01 Mrs. Archer moved to approve the Minutes of the Organizational Meeting of March 29, 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. Recognizing and commending the 2001 Senior Games Multiple Medal Winners for their athletic achievements Mayor Schmidt read and presented a proclamation to the 2001 Senior Games Multiple Medal Winners for their many triumphs in this competition, and for their spirit and enthusiasm. The following individuals won 3 or more medals: Helen Allen - 6 medals (3 gold in track and field and 3 bronze medals in basketball skills; Kevin Doyle - 5 gold medals, all in track and field; Marshall Johnson - 5 gold medals, all in track and field; Raymond Lebowitz - 5 gold medals, all in track and field; Alvin Malthaner- 5 gold medals, all in swimming; Don Zaccardo - 5 gold medals, all in track and field; Pete Arnold - 4 gold medals, all in swimming; Barry Kittredge - 4 medals, (1 gold medal in table tennis, 2 silver medals and 1 bronze medal in basketball skills); Justin Langsner- 4 medals (2 gold medals and 1 silver medal in basketball skills, and 1 bronze medal in table tennis); Bob Bohanan - 3 gold medals, all in basketball skills; Alwyn Griffith - 3 gold medals, (2 in track and field and 1 in table tennis); Sam Price - 3 medals (1 gold and 2 silver medals in basketball skills); and Mark Reingold - 3 medals (1 silver medal and 2 bronze medals in basketball skills). Joe Weldon, Director of Parks and Recreation, came forward to accept the proclamation on behalf of the Senior Games Multiple Medal Winners. 6.8. Caridad Asensio Day - April 20~ 2001 Mayor Schmidt read a proclamation recognizing and proclaiming April 20, 2001 as Caridad Asensio Day. 6oCo Women's American ORT Day - April 20~ 2001 Mayor Schmidt read a proclamation proclaiming April 20, 2001 as Women's -2- 04/17/01 American ORT (Organization for Educational Resources and Technological Training) Day. 6.9. of the USA Commending National Commander Ronald Ziegler - Jewish War Veterans Mayor Schmidt read a proclamation recognizing and commending National Commander Ronald Ziegler for his many and varied accomplishments, and congratulate him on his achievements as a fine example of a dedicated American. 6oEo Code Enforcement Officials Week- June 25 through June 29, 2001 Mayor Schmidt read and presented a proclamation proclaiming June 25, 2001 through June 29, 2001 as Code Enforcement Officers' Appreciation Week. Jerry Sanzone, Building & Insp. Adm/CBO Building Inspector, came forward to accept the proclamation. 6oFo AAA Auto Club South Day - April 24, 2001 Mayor Schmidt read a proclamation proclaiming April 24, 2001 as AAA Auto Club South Day. ° PRESENTATIONS: 7oAo Delra¥ Youth Enrichment Task Force Loren Sheffer, Managing Partner for Borton Volvo & Volkswagen and Chairman of the Delra¥ Beach Youth Enrichment Vocational Center and Committee, stated they have talked extensively over the last year about opening up a new Charter School in Delray Beach for disadvantaged youth to become automobile technicians. He stated they have secured a $100,000 commitment from Palm Beach County and a $100,000 commitment from the private sector and are looking to the Commission for funding for a portion of the balance. Angelo Squatrito, Executive Director of Jeff Industries, Inc., explained that Jeff Industries, Inc. is a mental health agency that is known for working with severe mental health populations and hard to serve populations. Mr. Squatrito stated they started off as an agency that worked with paranoid schizophrenic and manic depressive persons who came out of the Delray Beach Mental Health Center connected with the South County Mental Health Center. Approximately twelve years ago Jeff Industries, Inc. was asked by the Palm Beach County School District to develop a model program for working with hard to serve children who were in special education programs, who had severe behavioral problems, and children who would eventually get thrown out of school. Mr. Squatrito stated Jeff Industries, Inc. through funding from the Palm Beach County Children Services Council and the Palm Beach County School District in developing a model program over eight years to work with this population. The model program has received -3- 04/17/01 national recognition. Mr. Squatrito further explained the Ed Venture Charter School, also a school with a work program for emotionally and severely emotionally disturbed high school aged youth, has recently been recognized on a state level as the first recipient of the "Shining Star" award for Charter Schools and by the Palm Beach County School District for its excellence in vocational programming. Mr. Squatrito stated a few years ago Officer Pund and Officer Glass of the Police Department approached him about bringing some kids from Delray who were coming out of jail or heading towards jail from culturally deprived and economically deprived neighborhoods in this community. Mr. Squatrito stated these kids were falling out of school and going into crime as a way to support their homes, families, and so forth. Mr. Squatrito stated the Ed Venture Charter School was not designed for this population. However, because of the enthusiasm of Officer Pund and Officer Glass, Mr. Squatrito stated they developed a model program exclusively for this population. Mr. Squatrito stated that after two years Jeff Industries, Inc. proposed to Palm Beach County School District that there be a new Charter School in Delray Beach and make it exclusively for students from Delray. Mr. Squatrito stated the Palm Beach County School Board was very supportive of this idea and encouraged Jeff Industries, Inc. to come forward with this idea. Mr. Squatrito stated the Palm Beach County School Board has committed $100,000 to help fund building a facility. Mr. Squatrito stated there are a few fundraisers planned and Jeff Industries, Inc. is asking the City for a commitment of $100,000. Mr. Squatrito suggested that the City own the building and lease to Jeff Industries, Inc. In addition, Mr. Squatrito is asking the Commission for $150,000 as a match towards the Palm Beach County School District money so they can run the vocational and employment placement. Mr. Squatrito stated 100% of the students that graduate from these schools are employed and must hold their jobs for 18 weeks successfully full time before they can graduate. The automotive model program they are using is YATC, which is located in Broward County and has been highly successful. Mr. Squatrito stated something locally has to be done in order to redirect the crime wave. Mayor Schmidt asked for clarification regarding the funding amounts. Mayor Schmidt stated originally he was told that Jeff Industries, Inc. was coming to the City to ask for a contribution of $100,000. Mr. Squatrito clarified that the funding Jeff Industries, Inc. is requesting from the City is $100,000 commitment towards the building and another $150,000 each year for three years for a commitment towards operating expenses. Mr. Squatrito stated they would like to open the school in August 2001. Mayor Schmidt asked Mr. Squatrito what amount of money he will need in order to open the school by August lSt? Mr. Squatrito stated he will need to recalculate this for a more accurate figure and stated Jeff Industries, Inc. could take a commitment of $50,000 from the City. Mr. Levinson asked for clarification regarding the funding amounts. Mr. Sheffer stated they have a building fund in which they need $300,000. They currently have $100,000 -4- 04/17/01 commitment from the County and $100,000 from private sectors and they need $100,000 from the City of Delray Beach. They are also requesting $150,000 from the City for the next three years for operational expenses. Mr. Levinson asked how many students they plan on having? In response, Mr. Squatrito stated the first year they will have a total of 20 students and are looking to increase to a maximum of 45 students. Mr. Levinson stated he does not see any dollars from the private sector other than what they talked about and commented that YATC is overwhelming funded by the car dealers. Mr. Levinson asked where their money falls into this? Mr. Squatrito stated this money falls into donations and other grants. Discussion followed between Mr. Squatrito and Commissioner Levinson. Mr. Squatrito explained that $65,000 is the in-kind police officer assigned to the school (Behavioral Specialist) and the other $5,000 is money out of the ChieFs fund. Mr. Levinson inquired about the money for Weed & Seed and whether or not the $25,000 is from Delray Beach or Palm Beach County? Mr. Levinson clarified that the total commitment from the City would be $150,000 plus the $70,000 plus the $25,000 in operations. The City Manager stated the $25,000 is primarily Federal money with some State and County and clarified that there is no City money in the Weed & Seed. Mr. Levinson asked that the City redirect the funds of $25,000 as it relates to Weed & Seed. Mr. Perlman asked if the budget submitted by Jeff Industries, Inc. is based on the Hollywood YATC model? In response, Mr. Squatrito stated this budget is based on what they have done themselves vocationally and conversations with YATC. Mr. Perlman asked what happens in year four in terms of the City's commitment? In response, Mr. Squatrito stated Jeff Industries, Inc. hopes to become more self-sufficient but they may still need some commitment and assistance from the City. Discussion by the Commission followed. Mr. Perlman asked about the Community Development Block Grant Funds. With regard to State Laws regarding Charter Schools, Mr. Perlman asked if this is set up as a Delray Beach Municipal Vocational Charter School and the City decides to contract it with Jeff Industries, Inc. to provide curriculum services, would the State pay for the building? In response, Mr. Levinson stated the State had some funds, which were available for Charter School Capital money, however, was phased out over a period of years with last year being the last year. Ms. McCarthy asked Mr. Squatrito about the student enrollment and how many students he expects will be enrolled by the second year? In response, Mr. Squatrito stated the first year they expect 20 students, and the second year they hope to have between 35-40 students. Ms. McCarthy asked why the City has to commit for three years? Mr. Squatrito stated because the Palm Beach County School District contract requires a commitment of three years. Ms. McCarthy inquired as to whether or not this is open to all car dealerships that do business in Delray? In response, Mr. Sheffer commented that some of the car dealerships in Delray Beach are corporately owned. -5- 04/17/01 Mrs. Archer stated that Mr. Squatrito indicated that he would start off with 20 students and end with 45 students and also indicated that he was going to bring on other vocations. Mrs. Archer asked if this means that the maximum number of students for automotive training is 20? Mr. Squatrito stated for automotive training the maximum number of students is going to be around 20 for the first three years and is looking to double the capacity in other trades. Mrs. Archer stated that Mr. Squatrito indicated that the automotive industry was looking at this model program. Mrs. Archer asked the City Manager if the City is in a position to come up with $150,000 by August for this purpose? In response, the City Manager stated the $50,000 would need to be looked into. The $150,000 could be placed in next year's budget and it would available October 1st. As far as the $100,000, the City Manager stated if the City has reserved $250,000 for neighborhood improvements and although the City reserved this money intending to use it for another purpose, he feels the school will have a great impact on the neighborhood. Mr. Levinson stated that there does not appear to be any student growth in the numbers in the three-year budget that is being proposed by Mr. Squatrito. Mr. Squatrito anticipated increasing the number of students with the staff they have. However, they made need to hire another academic teacher the third year. Mr. Levinson expressed concern because Jeff Industries, Inc. is asking for a three year commitment and stated even though they may receive additional revenues on a FTE basis, they have not adjusted the budget to reflect increased expenses and it may not be enough to cover the cost of the education. Mr. Levinson stated he is trying to understand how Mr. Squatrito got from 20 students to 45 students in year three when he only increased revenues by $28,000 from the School Board, which is usually incremental by the FTE. Mr. Squatrito stated they will be overstaffed the first year and anticipates adding a part-time academic teacher to do GED online. Mayor Schmidt stated this item should be on a Workshop Meeting and not on tonight's agenda as a presentation. Mayor Schmidt commented that if the City agrees to take the building then the City is taking on the potential liability of fixing up the building as well as any long-term maintenance for the building. Mayor Schmidt stated he thinks the program and the idea are wonderful but commented that this item is not on the agenda. Therefore, all the Commission can do is give direction to staff. It was the consensus of the Commission to move forward with the idea of the commitment for the $100,000 for the building questioning whether or not the City would like to own it, and the funding amount of $150,000 for the operating commitment; and, have Jeff Industries, Inc. discuss with City staff to review what needs to be paid in this fiscal year by September 30, 2001, and bring back to the Commission for further discussion. Mr. Levinson stated the City's commitment may decrease as the years go on and suggested that the money be match money matched by private donations. He feels the people -6- 04/17/01 who will have the greatest gain with all deference to the City are the car dealerships who are going to get talented skilled technicians. Ms. McCarthy stated she debates comments expressed by Mr. Levinson because she feels that they will need to go through enough criteria of match money every time they apply for a grant. Ms. McCarthy stated because there is such a need for larger corporations to do something to address their diversity. In addition, she feels the City should aggressively go after these corporations who are committed to spending "xxx" number of dollars towards bettering communities and young people who have culturally diverse nationalities. In conclusion, Ms. McCarthy stated although she feels this is a wonderful reason to spend money, she would like to see less commitment long term by the City. With regard to the automobile dealerships getting qualified technicians, Mr. Glass explained that the car dealerships will get someone at entry level to get them to the master technician level which requires $50,000 in training per student through Volvo to get them to that level. Mayor Schmidt gave direction to the City Manager to have staff review this and would like to look into the issue about owning the building, funding, and perhaps talk to the grant consultant in the interim to get an idea what money may be available. Mrs. Archer stated perhaps a diminishing commitment on the part of the City over the three-year period. In addition, Ms. McCarthy suggested the City check with Dorothy Ellington, Executive Director of the Delray Beach Housing Authority, as another resource because she may know of HUD money that may be available. At this point, the time being 7:20 p.m., the Commission moved to Item 10, the Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. REQUEST FOR HEIGHT WAIVER/OLD SCHOOL SQUARE: Consider a request for a waiver to the provision of LDR Section 4.3.4(K), "Development Standards Matrix", to allow an increase in the height of the bandshell/stage located at Old School Square, at the NE corner of Atlantic Avenue and Swinton Avenue (51 N Swinton Avenue) from the maximum of thirty-five feet (35') to thirty-eight feet, eight inches (38' 8") in order to accommodate the technical requirements based on the width and the depth of the stage. 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. Paul Dorling, Planning Director, stated at its meeting of April 4, 2001, the Historic Preservation Board approved site and development plans for Phase 1, which includes a band shell, concession/restrooms/light & sound building and loggia. The development proposal included a waiver request to increase the height of the proposed band shell from 35' to 38' 8". -7- 04/17/01 Per LDR Section 4.3.4(K), the maximum allowed building height in the OSSHAD zone district is 35'. The proposed band shell exceeds the maximum building height as the mean height between the eaves and ridge is 38' 8" from grade. The applicant requests a waiver from the building height pursuant to LDR Section 2.4.7(B)(1)(b), which allows the City Commission special powers to grant a waiver to any provision of these regulations when there is no other avenue for relief. Pursuant to LDR Section 2.2.6(D)(6) and 2.2.4(D)(3), the Historic Preservation Board is prohibited from granting variances to the height regulations. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission, the public hearing was closed. Mr. Levinson moved to approve the request of a waiver to increase the height of the bandshell/stage located at old School Square from 35' to 38' 8" based on a positive finding with respect to LDR Section 2.4.7(B)(5), seconded by Mrs. Archer. 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. 10.B. ORDINANCE NO. 23-01 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending LDR Section 4.3.3(I) Foster Homes and Group Homes, and related zoning districts, pursuant to LDR Section 2.4.5(M). If passed, a public hearing will be scheduled for May 1, 2001. The City Manager presented Ordinance No. 23-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 4.3, "DISTRICT REGULATIONS, GENERAL PROVISIONS," SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES" OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SUBSECTION (I), "FOSTER HOMES AND GROUP HOMES", AND ENACTING A NEW SUBSECTION (I), "COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES", TO PROVIDE FOR REGULATION OF GROUP HOMES AND COMMUNITY RESIDENTIAL HOMES; AMENDING SECTION 4.4.1, "AGRICULTURE ZONE DISTRICT (A)", SUBSECTION 4.4.1(B), "PRINCIPAL USES AND STRUCTURES PERMITTED"; AMENDING SECTION 4.4.2, "RURAL RESIDENTIAL (RR) ZONE DISTRICT", SUBSECTION 4.4.2(B), "PRINCIPAL USES AND STRUCTURES PERMITTED"; AMENDING SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-l) DISTRICTS", SUBSECTION 4.4.3(B), "PRINCIPAL USES AND STRUCTURES PERMITTED"; AMENDING SECTION 4.4.5, -8- 04/17/01 "LOW DENSITY RESIDENTIAL (RL) DISTRICT," SUBSECTION 4.4.5(B), "PRINCIPAL USES AND STRUCTURES PERMITTED", SUBSECTION 4.4.5(D), "CONDITIONAL USES AND STRUCTURES ALLOWED"; AMEND1NG SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SUBSECTION 4.4.6(B), "PRINCIPAL USES AND STRUCTURES PERMITTED, SUBSECTION 4.4.6(D), "CONDITIONAL USES AND STRUCTURES ALLOWED"; AMEND1NG SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION 4.4.9(B), "PRINCIPAL USES AND STRUCTURES PERMITTED", SUBSECTION 4.4.9(D), "CONDITIONAL USES AND STRUCTURES ALLOWED"; BY AMEND1NG SECTION 4.4.13, "CENTRAL BUS1NESS (CBD) DISTRICT," SUBSECTION 4.4.13(D), "CONDITIONAL USES AND STRUCTURES ALLOWED"; AMEND1NG SECTION 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT," SUBSECTION 4.4.17(B), "PRINCIPAL USES AND STRUCTURES PERMITTED", SUBSECTION 4.4.17(C), "ACCESSORY USES AND STRUCTURES PERMITTED", SUBSECTION 4.4.17(D), "CONDITIONAL USES AND STRUCTURES ALLOWED"; AMEND1NG SECTION 4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT", SUBSECTION 4.4.21(B), "PRINCIPAL USES AND STRUCTURES ALLOWED", SUB SECTION 4.4.21 (D), "CONDITIONAL USES AND STRUCTURES ALLOWED"; AMEND1NG SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD), SUBSECTION 4.4.24(B), "PRINCIPAL USES AND STRUCTURES", SUBSECTION 4.4.24(D), "CONDITIONAL USES AND STRUCTURES ALLOWED" TO PROVIDE FOR THE REGULATION OF GROUP HOMES AND COMMUNITY RESIDENTIAL HOMES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 23-01 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 Delray Beach, Florida. Paul Dorling, Planning Director, stated this amendment is corrective in nature. The State Legislature amended Chapter 419, Florida Statutes, regarding the regulation of group home and community residential homes. Thus, the City's Land Development Regulations regarding group homes and community residential homes require amendment to conform with the State's requirements under Chapter 419, Florida Statutes. LDR Section 4.3.3(I) currently lists specific requirements for group homes and foster homes. The amendment includes a -9- 04/17/01 definition, additional requirements for community residential homes, and the elimination of certain classifications of group homes, which are no longer applicable. The amendment also includes distance requirements between facilities, from schools, and single family zoning districts. This ordinance will replace Section 4.3.3(I) Foster Homes and Group Homes, in its entirety. 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 text amendment. After discussing the amendment, the Board voted 6-1 (Bird dissented) 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). Ms. McCarthy inquired as to why Mr. Bird dissented. Mr. Dorling stated Chairperson Bird did not feel it was appropriate to apply distance criteria for certain types of group homes, such as those that would accommodate the elderly. Ms. McCarthy asked Mr. Dorling when this was reviewed, did he see any conflicts with certain types of homes within distance requirements? In response, Mr. Dorling informed Ms. McCarthy that he did not see any conflicts. Ms. McCarthy asked if there is a large complex and there is going to be an Alzheimer's facility and an assisted care facility that wished to be in the same block do they have a way to overcome this ordinance? The City Attorney stated this is a group home ordinance and not a medical treatment ordinance. Ms. McCarthy commented that she is under the impression that an Alzheimer's facility where people stay overnight would qualify as a group home or would that be governed by other regulations? Jay Jambeck, Assistant City Attorney, stated the rationale for the spacing requirements is to try and prevent institutionalization of persons with disabilities. Mr. Jambeck stated that an Alzheimer's facility could indeed qualify as a group home if they are considered disabled under Florida Statutes as long as there is no treatment being provided. Otherwise, Mr. Jambeck stated it would then be considered a treatment type of facility or hospital. Discussion by the Commission followed. Ms. McCarthy commented that some residential facilities have a common eating area or a common recreational area. Ms. McCarthy stated if this is a possibility, does the City have things in place to tell us how they would be able to do something different? Ms. McCarthy stated that because they would use common facilities it could be interpreted as a group home. Mr. Jambeck stated the interpretation could be that if there is a group home serving Alzheimer's and serving another sector of persons with disabilities, then it could be one facility. The City Attorney stated that there is a specific exclusion on page three of the ordinance under Section 4.3.3(I), Section (2) Applicability that reads as follows: (2) Applicability: "This section shall be applicable but not limited to Community Residential Homes and Group Homes which -10- 04/17/01 constitute a new facility or a modification of an existing lawful facility which increases the floor area or the permitted number of residents. This section does not include foster homes; assisted living facilities; continuing care facilities; abused spouse residences; child care facilities; adult day care facilities; convalescent homes, homes for the aged or nursing homes; nor alcohol and drug abuse treatment facilities as regulated in LDR Section 4.3.3(D)." The City Attorney stated although these facilities listed above are specifically excluded it is not to say that there may be some combination that could fall under this. Mr. Jambeck added that a lot of this has to do with how these facilities are licensed by the State. Mr. Jambeck stated the Attorney's office deals with mainly the Land Use issues and the State deals with the distinction between the facilities so if there are some "gray" areas it is do to the licensing requirements. Mayor Schmidt declared the public hearing open. John Bennett~ 137 Seabreeze Avenue, stated he would like to confirm his understanding based on the definition in Section 4.3.3(I)(3)(b) "Community Residential Home" on page seven of the proposed ordinance. The term "Community Residential Home" means a dwelling unit licensed to serve clients of the Department of Children and Family Services, which provides a living environment for 7 to 14 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet physical, emotional, or social needs of the residents. Therefore, Mr. Bennett stated his understanding is that this would have no application to so called "drug flop houses" which do not require a license from the State. Mr. Jambeck stated this definition comes directly from Chapter 419.001(1), Florida Statutes (2000) for the Community Residential Homes so it would not apply to any unlicensed facilities. However, Mr. Jambeck stated the group home category does apply to facilities that are not licensed through the State. The group homes are essentially the same category as a community residential home with different amount of residents. George Jam 220 S.E. l0th Street, expressed concern over the Group Home, Type 1 and Group Home, Type 2 classifications on page four of the proposed ordinance. Previously, Mr. Jan stated the definition of Community Residential Home Type 1, is properly defined by specifically directing it to residents. He stated the word "residents" is defined very carefully in Section 4.3.3(I)(3)(a). However, the definition of Group Home, Type 2, Mr. Jan stated it appears that it would cover any apartment in the City. Therefore, the 500-foot setback from a residential area would apply. Mr. Jan explained that his son leases and he is not licensed through the State. Mr. Jan suggested that the definition of Group Home Type 2 "A group home which provides lodging or related services for fifteen (15) or more unrelated individuals which is not licensed to serve clients of the Florida Department of Children and Families" be defined as "residents" -11- 04/17/01 instead of"unrelated individuals". He feels if this change were made then the verbiage would be more consistent with the rest of the ordinance and would conform better with Chapter 419.001 (1) of the Florida Statutes. Discussion by the Commission ensued. The City Attorney stated on page four of the ordinance under Section 4.3.3(I)(3)(4)(c) it mentions unrelated individuals whereas in Section 4.3.3(I)(3)(c) the Group Home definition does not really address this. The definition is as follows: (c) Group Home: "The term "Group Home" means a home, and/or a building or part thereof operated, or group of buildings, which otherwise meets the definition of a Community Residential Home but which has either less than 7 residents or more than 14 residents." Mr. Jambeck stated he believes there is a distinction between what Mr. Jan was discussing and the definition as it exists in the ordinance. Mayor Schmidt stated as he understands the issue, Mr. Jan wants to make sure that the City is relating the definition of "residents" to all of these homes. Mayor Schmidt feels the definition of Group Homes meets the definition of Community Residential Home. Ms. McCarthy stated she agrees that the verbiage is technically fine. However, Ms. McCarthy feels the verbiage should be kept consistent throughout the ordinance in order to make it easier for someone if they were to read only a portion of the ordinance versus reading the entire ordinance. Mr. Jambeck stated staff could make the change to Section 4.3.3(I)(4)(b) to make the verbiage more consistent. There being no one else who wished to address the Commission on this item, the public hearing was closed. Ms. McCarthy moved to approve Ordinance No. 23-01 on First Reading/First Public Hearing with the text change, 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. 10.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. Prior to passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. -12- 04/17/01 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 official copy of Ordinance No. 22-01 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 Delray Beach, Florida. Mr. Levinson stated that the Legislature is currently dealing with a potential change in the billboard requirements. If this is enacted, Mr. Levinson inquired as to whether or not it will require any additional modifications to this ordinance. The City Attorney stated that the City does not really have an amortization schedule. However, the City Attorney noted additional changes will be forthcoming regarding the sign code. Mayor Schmidt declared the public hearing open. John Bennett~ 137 Seabreeze Avenue, commented about verbiage in Section 4.6.7(3) Subparagraph (c) regarding Temporary Political Signs where it reads ". ....... provided that prior to the removal by the City, the City shall, within the ten day period, send by certified mail, return receipt requested, to the addresses of the owner of each property where on the temporary political sign is located and owner is listed on the current tax rolls of the County .............. "Mr. Bennett stated there are either not enough words or there are too many words in this subparagraph. He feels the language does not flow properly. Mr. Bennett stated if you compare this procedure for temporary political signs and how to get rid of them with the procedure for certain other nonconforming temporary signs on page 21, subparagraph (K)(2)(b) where it reads ". ........ a notice will be sent, either in person or by first-class postage, prepaid, to -13- 04/17/01 the occupant of the property from which the sign was removed, and if the sign identifies a party other than the occupant of the property, the party so identified. The notice shall advise that the sign has been removed and shall state that the sign may be retrieved within 30 days of the date of the notice, and that, if the sign is not retrieved within 30 days, it will be disposed of by the City ........... "Mr. Bennett stated that the statement on page 21 of the ordinance refers to a first class letter. With regard to the statement on page four of the ordinance, Mr. Bennett stated that the City sends someone a certified letter in advance which costs approximately $3.40 more than a first class letter. Mr. Bennett commented that although it is nice to honor political signs more than other signs, he feels this is a bureaucratic way of handling this procedure. Mr. Bennett stated there use to be a rather large sign (approximately 8' x 12') located in someone's front yard in Hillsboro Beach along A1A. Mr. Bennett stated for a while the sign read "Impeach Clinton" then it was changed to read "Convict Clinton". The City Attorney stated they would still need to meet the size requirements and there is nothing that allows a sign of that size to be erected, however, someone can say whatever they would like to on a sign. There being no one who wished to address the Commission on this issue, the public hearing was closed. Mr. Perlman moved to adopt Ordinance No. 22-01 on Second and FINAL Reading, 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. 10.D. ORDINANCE NO. 24-01: An ordinance amending LDR "Definitions" section to provide clarification to the definition of "Ground Floor Building Area". 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 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.) -14- 04/17/01 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 Delray Beach, Florida. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission on this issue, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 24-01 on Second and FINAL Reading, seconded by Mr. Levinson. 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. 10.E. ORDINANCE NO. 26-01: An ordinance amending Chapter 71, "Parking Regulations", of the City Code of Ordinances by amending Section 71.07, "When Impoundment Authorized", by amending Subsection (E) to include emergency vehicles. 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 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 IMPOUNDMENT AUTHORIZED," BY AMENDING SUBSECTION (E) TO INCLUDE EMERGENCY VEHICLES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (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. 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. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission on this issue, the public hearing was closed. At this point, Ms. McCarthy asked the City Manager when this was put into place, did staff look at some of the narrow streets through the City that do not have parking restrictions where people are actually parking on the street? In response, the City Manager stated those situations are already dealt with in State Law and in the City Code. The City Manager stated there is a concern with Eve Street and a few other streets that are gated off but the gate has a lock box on it so that the Fire Department can get through in the event of an emergency. The concern -15- 04/17/01 was that someone could park in front of that gate and then the Fire Department could not get through because it would be blocked by the person parking there. The City Manager explained that the City Code did not give the City specific authority to tow a vehicle in that situation. If someone parks on a street where they obstruct the normal flow of traffic, the City Manager stated the City now has the authority to remove them. Mrs. Archer moved to adopt Ordinance No. 26-01 on Second and FINAL 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. 10.F. ORDINANCE NO. 27-01 (FIRST READING/TRANSMITTAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2001-1): Consider on first reading an ordinance adopting Comprehensive Plan Amendment 2001-01 and associated Future Land Use Map (FLUM) amendments, and authorize transmittal to the State Department of Community Affairs Amendment 2001-1 includes: The City Manager presented Ordinance No. 27-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2001-1 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2001-1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 27-01 is on file in the City Clerk's office.) IO.F.1. Schools; General update of Goal Area "D" of the Future Land Use Element, relating to 10.F.2. Modification of the definition of Community Facilities Land Use description, in the Future Land Use Element; 10.F.3. General update of the Public Facilities Element; 10.F.4. boundaries; General update of Comprehensive Plan Map Series to reflect current City -16- 04/17/01 10.F.5. Modification of Housing Element Map #3, Table HO-20, Future Land Use Element Map #3 and Table L-5, relating to potential residential units to be built on vacant land within the City; and 10.F.6. The change to the FUTURE LAND USE MAP (FLUM) involves one area of land which will be transmitted as a part of Amendment 2001-01. Dan Marfino, Senior Planner, stated this was iniated before the Planning and Zoning Board Meeting at their meeting of February 26th and before the City Commission on March 6th. The Planning and Zoning Board held its public hearing regarding the amendment on April 16, 2001. The amendment involves one Future Land Use Map Amendment, Temple Sinai- North, which was included with the initiation, has been withdrawn by the applicant. However, one additional Future Land Use Map Amendment (Fanelli Annexation), which was previously not included, has been added. Modification of the definition of the Community Facilities Land Use Designation has also been removed from this amendment, pending further analysis. In addition, the Palm Beach County School Board has removed the modification of Future Land Use Element Goal Area "D", regarding the revised policy of racial balancing in schools, pending proposed revisions in School Board policies. The remaining items in the Plan Amendment consist of numerous text changes along with map and table updates. Mr. Marfino stated this is a transmittal public hearing and if the amendment is approved it will be sent to the State Department of Community Affairs (DCA). Upon return of comments from the State, the adoption hearing is scheduled for the August Planning and Zoning Board Meeting and final adoption at the City Commission Meeting of September 4, 2001. Paul Dorling, Planning Director, explained that the Fanelli Annexation is a privately iniated Future Land Use Map amendment involving the 2.65 acre site, to the east of the Boys Farmers Market, from County Land Use Map designation of HR-8 (High Density, 8 units/acre) to City Land Use Map Designation of GC (General Commercial) amendment that is part of this transmittal which involves the Fanelli property. Mr. Dorling stated it is four properties under common ownership including the tract, which connects that property to Military Trail (depicted on overhead). It contains two single-family residences that exist on two parcels. In February 2001, the Palm Beach County Building Department issued a permit to construct a 10,000 square foot coal storage building on one of the southern parcels. The proposed use of these properties would be for the 10,000 square foot coal storage building and four additional parking spaces for the Boys Farmers Market. The property is located within a Future Annexation area designated in the Comprehensive Plan as Area C and the Future Land Use Element calls for annexation of eligible properties. The annexation is consistent with Florida Statutes 171 regarding annexation and positive findings with respect to concurrency and rezoning findings are noted in the staff report. With respect to consistency between the proposed City and County Land Use Designation, the existing County Land Use Designation is HR-8 -17- 04/17/01 (High Density Residential) and the City' s Advisory Designation for this parcel is transitional. The applicant has requested that the parcel come in with a general commercial designation, which allows multi-family use as well as a variety of commercial, and office uses. Neither the City Advisory designation of transitional nor the request for general commercial is wholly consistent with the current County designation. The property is located immediately behind commercial property and its only access is through that commercial development. Under these circumstances, commercial development appears appropriate for the subject property if property buffering is provided to the residential area to the east (Lee's Crossing). Compatibility with the abutting residential properties is a concern. However, Mr. Darting stated there are sufficient regulations in place to mitigate these impacts. With future site development, trees would be required at least 25' spacing along the east property line and every 30 feet along the north and south. In addition, it was suggested the future processing of site plans that a perimeter wall be provided as well as an open space buffer. The Planning and Zoning Board held its public hearing regarding the amendment on April 16, 2001. Mr. Darting stated several members of the public were in attendance including a lady who owns the shopping center as well as several residents from Lee's Crossing. Their compatibility concerns centered on the construction activity that is currently going on and the impact of that construction activity. These concerns with further development of the site would be something the City would be looking for with future site development plans. After discussion, the Planning and Zoning Board unanimously recommended approval of the annexation, the zoning, and the future land use application. Mr. Darting stated staff has an aerial map for the general public to view. Mrs. Archer asked whether or not the surrounding areas are within the City limits? In response, Mr. Darting stated this property is surrounded by City property and pointed out that further east afthis subdivision is a County enclave. Gary Haratsis~ resides at 124 W. Lee Road and President of Lee's Crossing Homeowners' Associatiom stated his property abuts this property and commented Lee's Crossing Homeowners' Association does agree that annexing this property into the City will be a benefit because the City will have more control over the future outcome of the property. As it now stands, Mr. Haratsis stated Lee's Crossing Homeowners' Association is unhappy and feel there has been too much noise. The construction has taken place and numerous vehicles such as refrigeration trucks are parked across the back area. Mr. Haratsis stated the lower area on the aerial map under the line shows many trees. Mr. Haratsis stated these trees are no longer located there as they were removed last summer. In addition, there is a dirt road constructed and vehicles have been driving through the area. Lee's Crossing Homeowners' Association is now concerned about what is going to happen with this property that has lost its trees and has taken away their privacy. In conclusion, Mr. Haratsis thanked the Commission for their time and attention to this matter. -18- 04/17/01 Michael Weiner~ representing Mr. Fanelli (owner), stated that the Planning and Zoning Staff Report meets the burden of proof with respect to demonstration on annexation, future land use map, and zoning. Mr. Weiner and Mr. Fanelli attended the Planning and Zoning Meeting last evening and Mr. Weiner stated the neighbors did not fall on deaf ears. Mr. Fanelli wants to make it known that by completing the 10,000 square foot cooler they no longer have to use the inefficient system of air conditioned trucks. Mr. Fanelli is the owner of the land and rents to Boys Farmers Market. He is in touch with them because the tenant is not getting along, as well they should be with the neighbors. By having the cooler facility, the inefficient system of trucks and having trucks keeping the vegetables cool comes to an end as soon as that facility opens. Other things concerning the operations, which Mr. Fanelli is talking to Boys Market about, are things such as loud speakers and other things that have upset the neighbors. Mr. Weiner complimented staff for a job well done with respect to the site plan with the original Boys Market and Mr. Weiner feels this gives the City the opportunity to extend those kinds of conditions with respect to the back land. As Mr. Haratsis pointed out, Mr. Weiner stated the City is actual improving the changes of being able to make this a compatible area with the surrounding neighborhood by annexing it and granting it as Future Land Use Map and Zoning. Mr. Weiner reiterated that they are not turning a deaf ear to those surrounding properties and understand that they will abide by what the City has as conditions. Mr. Perlman moved to approve Ordinance No. 27-01 on FIRST Reading and adopting Comprehensive Plan Amendment 2001-01 and associated Future Land Use Map (FLUM) amendments, and authorize transmittal to the State Department of Community Affairs, seconded by Mrs. Archer. 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. At this point, the City Commission moved to Item I1.A, City Manager's response to prior public comments and inquiries. ll.A. City Manager's response to prior public comments and inquiries. In response to a prior suggestion for the City to erect signs in the medians of some of the major streets to help inform more people of the Annual Town Hall Meeting, the City Manager does feel this is a good suggestion (to use the medians on Atlantic Avenue between 1- 95 and Swinton Avenue) and will try to ensure this is done prior to the 2002 Annual Town Hall Meeting. Regarding a prior comment concerning the surcharge for use of water in excess of 15 thousand gallons and people not being aware of the increase, the City Manager stated at that time a message regarding the Downtown Charrette was printed on the water bills. Since the Downtown Charrette is fast approaching, the message has been removed from the water bills and replaced with a message advising customers about the 30% surcharge. 11.B. From the Public. -19- 04/17/01 ll.B.1. Robert Dimond, resides at 1332 S.E. 7th Street, Deerfield Beach, and representing Marine Safety Group, addressed the Commission with regard to the feeding of marine predators particularly sharks by commercial dive boat operators in our local coastal waters. Mr. Dimond stated the feeding of sharks and other marine predators is the intentional conditioning of these predators to associate humans with food so that they may be able to approach humans and fulfill the requirements of the dive operator who is charging a customer to see these animals. In addition to Delray Beach, Mr. Dimond stated he has been before four other cities and all four cities have sent letters to the State requesting a State ban on this practice. Three of the four cities have adopted ordinances to ban the feeding of marine wildlife in their local waters which include Deerfield Beach, Hillsboro Beach, and Lighthouse Point is in the process of their final public hearing for their ordinance. The wildlife managers agree that the feeding of marine wildlife is a danger to the public and is also dangerous to the animals themselves making them less capable of protecting themselves and finding their own food. Mr. Dimond stated there are also some legal issues that he is not qualified to address. Mr. Dimond asked the City Commission to draft a letter to the State of Florida requesting that the State ban this activity in all State waters. The State of Florida will be meeting on May 24th to address this issue and feels it is important that the cities let the State know where they stand on this issue so the State can make a ruling. In addition, Mr. Dimond urged the City to adopt an ordinance similar to the Deerfield Beach and Hillsboro Beach ordinance that would prohibit the feeding of marine wildlife in its coastal waters. ll.B.2. Captain Tony Coulter, resides at 1001 S.W. l0th Street, Boca Raton, and owner of a dive charter operation in Boca Raton, stated he has been working out of the Boca area from Boynton Beach to Deerfield Beach for approximately 20 years and is willing to address questions or concerns the Commission may have on the shark feeding issue. Captain Coulter stated this is a bad practice. He stated that while doing rescues with recreational boaters come to these sites unaware of what has been going on there. He explained there was one incident where fingers have been bitten and the thumb of a woman was severed. He feels the situation is only getting worse and feels if the Stated decides not to do something about it then it will soon open up a Pandora's Box. Mr. Perlman commented he read an article in the New York Times regarding Pompano Beach. Captain Coulter stated the area most affected is actual from Deerfield Beach south. A few of the operators out of Boynton Beach are trying to get a "shark park" going out in some of the reefs in the north Delray Beach area (in approximately 60 feet of water). He stated on the web site for Maryland State University Dr. Jeanne Clark conducted a study regarding the conditioning of nurse sharks and trained the sharks how to get food. He feels sharks can definitely be conditioned and is strongly opposed to the feeding of marine wildlife because he is concerned about the safety of his divers. Mr. Coulter stated there are over 30 documented cases of people who have been injured as a result of this practice. Ms. McCarthy stated that when people are out at the end of a pier fishing sometimes it looks like they throw things out in the water as a way to attract a fish so that they -20- 04/17/01 can catch bait. She asked if this is an example of what Captain Coulter is talking about. Captain Coulter stated this is not an example of hand feeding the animal. ll.B.3. Jean Beer, 2145 S.W. 26th Terrace, stated she understands the Commission supports the Youth Automotive Training Center (YATC) Program and is confident the City will find money for this program. She stated the City could get money by taking out the two round-a- bouts in the Pineapple Grove area. She stated she fully supports Joe Gillie, Director of Old School Square, but feels that if Old School Square can raise $15 million dollars then they should be able to raise enough money to carry their own operating expenses first. Ms. Beer stated she understands there is a vacancy on the Community Redevelopment Agency (CRA) Board and that there are three more vacancies coming up. The CRA was organized over 15 years ago and was supposed to be for twenty years. One of the major projects to be completed was West Atlantic Avenue. Ms. Beer stated when East Atlantic Avenue was completed the priority was focused to the North Federal Highway area and then the Seacrest/Del Ida area. She feels the priority should have been and still is West Atlantic Avenue. The present group on the CRA Board are from the East Atlantic Avenue area. Ms. Beer feels the four appointments coming up on the CRA Board should consist of as many people from the West Atlantic Avenue business community and the residential area as possible and urged the Commission to take this into consideration when making their appointments. In addition, Ms. Beer suggested that the City put a sunset date on the CRA. ll.B.4. Henry Williams, 310 N.W. 3ra Avenue, concurred with comments expressed by Ms. Beer regarding West Atlantic Avenue and the CRA. Mr. Williams reiterated that the City consider putting a sunset date on the CRA. go CONSENT AGENDA: City Manager Recommends Approval. 8oao LEASE & MANAGEMENT AGREEMENT/SPADY HOUSE PROPERTY: Approve the Lease and Management Agreement between the City and Expanding and Preserving Our Cultural Heritage, Inc., (EPOCH) for the Spady House Property. 8ogo REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period April 2nd through April 13,2001. 8oCo AWARD OF BIDS AND CONTRACTS: Bid award in the amount of $84,800.00 to Murray Logan for rehabilitation of Lift Station #31. Funding is available in 442-5178-536-61.83 (Lift Station Conversion to Submersible). ° Purchase award in the total amount $24,772.00 to Southeastern Pumps for submersible pumps as part of our preventive maintenance program. -21- 04/17/01 Funding is available in 441-5144-536-46.20 (Equipment Maintenance). Purchase award in the total amount of $27,725.60 to Hydro Pumps for two hydrated lime pumps and related equipment. Funding is available in 441- 5161-536-64.90 (Other Machinery & Equipment). Contract award in the total amount of $1,698,495.00 to Chaz Equipment, Inc. for the Seacrest/Del Ida Neighborhood Improvements Phase II. Funding is available in the amount of $828,673.00 from 334-3162-541- 62.54 (General Project Fund); $472,320.00 from 442-5178-536-65.03 (Water & Sewer); $134,000.00 from 448-5461-538-65.03 (Drainage Project); $189,000.00 from 448-5461-538-65.20 (Drainage Project); $63,364.00 from 370-3162-541-65.43 (2000 Bond General); and $11,138.00 from (2000 Bond Storm Water). Mr. Perlman moved to approve the Consent Agenda subject to Item 8.A., subject to the City Attorney's recommendation, seconded by Ms. McCarthy. 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. REGULAR AGENDA: 9.A. REQUEST FOR AN ADDITIONAL QUEUING AREA ON ATLANTIC AVENUE: Consider a request for an additional queuing area on Atlantic Avenue on the second block east of Swinton Avenue in proximity of 110 East Atlantic Avenue. Scott Aronson, Parking Management Specialist, stated at the Parking Management Advisory Board (PMAB) meeting of February 13, 2001, the applicant made a presentation for an additional parking queue and associated Parking License Agreement on Atlantic Avenue, on the second block east of Swinton Avenue (Grip Building). The applicant proposed that the queue is to be used for overflow from the existing queue on the first block east of Swinton Avenue (32 East), and would be utilized only when the queue on the first block is full. Michael Weiner, Attorney representing applicant, stated at the PMAB meeting there was a vote (5-4) in favor of the queue on Atlantic Avenue with instructions that the applicant come back for the purposes of cleaning up some small details that had to do with where employees would park. Mr. Weiner explained there was a 5-4 positive vote in favor of our first program and a 5-4 vote against that program at the second meeting of the PMAB even though very little had changed. Mr. Weiner stated this all started because Sopra Restaurant will be moving into the old Martini location. Mr. Weiner stated the Site Plan Review and Appearance Board (SPRAB) has taken a look at is a whole different level for the street and feels this will be a significant improvement over the present facade on the Grip Building. Mr. Weiner stated something needed to be done with the additional traffic that would be coming to town. Mr. -22- 04/17/01 Weiner reiterated that there is an increased demand of the Sopra customers and they want to secure 72 to 100 new parking spaces. The Grip Building has its own parking spaces but so far they have declined to use it at night. The owners of the Grip Building stated they could use it so long as Mr. Weiner could ensure that a tenant would be in charge and that is what started the queuing idea. The goal and objective is using these two lots and Sopra has negotiated from Grip Development two additional parking lots. The N.E. 1st Avenue Atlantic valets has a tendency to back up cars over Swinton Avenue. Most people arrive to Atlantic Avenue from the west defaulting to the western most valets on a first see first use basis and across Swinton Avenue there is very little queuing area. Mr. Weiner stated they would like to move their valet queue to S.E. 2nd Avenue improving the traffic flows on Atlantic Avenue. The people can be directed off Atlantic Avenue to the convenient queue on S.E. 2nd Avenue. Mr. Weiner stated there needs to be some kind of signage or recognition so that people know to turn right and get off Atlantic Avenue and get their cars parked. An optional sign on 2nd Avenue would help the situation and would direct the traffic to the valet. Mr. Weiner explained that the recommendation is that Sopra Restaurant will take the initiative to put a main valet on a side street to work with the City's Planning and Zoning Department. K.R. Pinder~ Transportation Consultant, stated Atlantic Avenue would be the ideal place to have this because when people come into town they are looking for a place to park and the quicker they can get out of their cars and park, the better. However, Mr. Pinder understands there are some concerns about the operations overlapping so the idea is to move the valet parking queue from Atlantic Avenue to S.E. 2nd Avenue. Mr. Pinder stated that by separating the "drop-off' and "pick-up" for the valet would help to reduce traffic backing up because there will be no car sitting waiting for people to get in and the valet is moving the car(s). Mr. Pinder feels this will be a much more efficient operation and will work well with the restaurant. Mr. Weiner reiterated that it is important to have signage on the second block and a valet station so that people know when to turn and how to turn. He stated this is a public queue and the applicant is signing a Parking License Agreement and will be doing what all the other parking queues are doing. The request for having the valet parking queue on 2nd Avenue is because the confusion on 1st Street and 1st Avenue has been getting greater. In conclusion, Mr. Weiner urged the Commission to enter into a Parking Management Agreement with the City and stated this will be coordinated with the opening of the restaurant. Mrs. Archer commended Sopra Restaurant for taking the first step in moving the queues around the corner. She stated that for some time the PMAB felt that it would be appropriate to move the jam that has been created on Atlantic Avenue onto the side streets. Although this was not the original request made by Sopra Restaurant, Mrs. Archer feels this is an excellent move and will certainly help improve the flow of traffic. Mrs. Archer stated she would fully support this request. Ms. McCarthy disclosed that she did have a conversation with Mr. Weiner earlier today and because of that she is very much in favor of moving the parking queue from Atlantic -23- 04/17/01 Avenue to S.E. 2nd Avenue. In addition, Ms. McCarthy stated signage on Atlantic Avenue is extremely important and will help guide people where to park. She feels more and more people are obtaining these queues and finds that it can be very confusing for people to know where they can park. Mr. Perlman supports this request and commended Mr. Manero for thinking of such a creative way to solve the problem. Mr. Perlman stated that by adding extra parking spaces is critical. He commented that it will be a great step by adding the extra spaces and will be advantageous to the City. Lastly, Mr. Perlman stated the applicant should not be put through the meeting process again and would like to see this coordinated with the opening of the restaurant. Mr. Levinson stated he attended the last PMAB meeting and at that time the 2nd Avenue drop-off was discussed so he concurs with Mr. Perlman that he sees no reason why this needs to be sent back to PMAB for discussion because they actually supported it at that time. With regards to signage, Mr. Levinson stated the City, the CRA, and the DDA entered into a consolidated signage program and feels it would be very appropriate to use the same sign style with arrows and have it be incorporated to the directional signage that is being proposed for valet signs. Mrs. Archer stated she has noticed that the valet sandwich signs that they put out usually have the name of the restaurant on them so whoever is coming along can immediately see that this is where they can valet park for a particular restaurant. Mrs. Archer stated it is important that people who are traveling east on Atlantic Avenue know that there is valet parking available and that it is for this particular restaurant. She urged the Commission to take into consideration that this is the first restaurant that has offered to go off Atlantic Avenue and feels it is very important that this restaurant have the visibility with the public to know that there is valet parking for this restaurant around the corner. Ms. McCarthy stated she would be hesitant to approve signage with the restaurant's name or the name of the business on it. She feels the sign should just state "valet parking" and should be open to anyone who wishes to use their valet queue. Mrs. Archer stated that she fully supports the City approving signs that read "Valet Parking" with an arrow directing the public where to park. However, she expressed concern that the establishment will be put at a deficit and not have the same opportunities other restaurants have on Atlantic Avenue as it pertains to valet parking. The City Attorney stated in the Parking License Agreement there is a section on signage and it does prohibit sandwich board signs and does allow advertising signs as allowed by the City Manager or his designee. Paul Dorling, Planning Director, requested that the Commission not take any formal action on this item this evening because he would like to take a look at the circulation. In -24- 04/17/01 addition, Mr. Dorling stated there are some unanswered questions as to how this will work if Worthing Place (Block 77) is further developed and other issues about utilization of an alley which is not going to be there. Mr. Dorling stated he has concerns with respect to how the pick- up area works in an alley of 16 feet and how the circulation continues. He urged the Commission to let staff review what is being proposed. Discussion by the Commission followed. With regard to the sandwich board signs, Mr. Levinson stated there is so much information on these particular signs that the "Valet Parking" signs are likely to be more visible to the majority of people who are in front of that particular restaurant. He does not feel it puts the restaurant at a disadvantage by not having the name "Sopra" out on the street. Mrs. Archer stated she agrees there may be a potential conflict if and when Block 77 is further developed. She stated that any agreement the City puts forth should stipulate that if indeed something changes, the queuing system would change as well. However, Mrs. Archer does not feel the City should not allow them to use it because something may happen in the future. The City Attorney stated the agreement calls for a revocable license that the City may revoke during the first probationary period of 180 days without cause or any renewal period. Mr. Dorling stated he does not know the pick-up area will work in an alley of only 16 feet nor does he know how they will be able to maintain circulation for the general public. Mr. Levinson moved to approve in concept staff entering and reviewing a contract with Sopra that accomplishes the proposal tonight of a S.E. 2nd Avenue "drop-off' and a "pick- up'' at another location and have staff use the standard form contract and amend it as appropriate to facilitate the Soprah proposal, 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. 9.B. REQUEST FOR VALET QUEUE CUSTOM PICK-UP AREA: Consider a request designating the first two (2) parking spaces on the southeast corner of SE 1 st Avenue as a customer pick-up area for the valet queue on the south-side of Atlantic Avenue between Swinton and SE 1 st Avenues. Scott Aronson, Parking Management Specialist, stated during the busy times queuing areas throughout the City create traffic congestion. This is largely due to the crossover of incoming and outgoing traffic. This condition is especially troubling at the queue on Atlantic Avenue between Swinton Avenue and S.E. 1st Avenue, due to the volume of traffic at the Atlantic Avenue/Swinton Avenue intersection. -25- 04/17/01 A key component to running Valet Parking is the separation of incoming and outgoing traffic. The most efficient way to achieve this separation is to create a designated pick- up area for departing customers. In this instance, the most functional place for this pick-up area is the east side of S.E. 1st Avenue at the corner of Atlantic Avenue. This would enable westbound departing visitors to make the left turn onto Atlantic Avenue reducing eastbound traffic flow. The area would have a twenty-foot (20') "NO PARKING" zone delineated to allow smooth transition from the curb to the travel lane. The pick-up area in this location will be located on the most convenient route from the associated valet parking lots thereby minimizing extraneous traffic circulation. At their March 27th meeting, the Parking Management Advisory Board unanimously recommended approval of the creation of an independent pick-up area on the southeast corner of S.E. 1st Avenue to service the queuing area on the first block of Atlantic Avenue east of Swinton Avenue. Mr. Aronson stated staff is recommending that the Commission approve the creation of an independent pick-up area on the southeast corner of S.E. 1st Avenue to service the queuing area on the first block of Atlantic Avenue east of Swinton Avenue. Mayor Schmidt stated he feels this is a good idea, however, there is a problem with traffic and there is no light. Mayor Schmidt stated for a car to make a left across the traffic to head west on Atlantic Avenue might alleviate the drop-off problem in the front but feels people will still have difficulty getting across Atlantic Avenue. Overall, Mayor Schmidt feels this will hurt more than it will help. Mrs. Archer stated if indeed there is a valet drop-off on S.E. 2nd Avenue with a pick-up behind the Grip Building it is now going to come out and intersect or join with the pick- up section that is on northbound S.E. 2nd Avenue and this may potentially cause a problem. Mr. Levinson stated he went out and actually stood there and thought it was going to be a problem too. However, Mr. Levinson stated that because of the valet stand the traffic backs up past Swinton Avenue so there is a considerable amount of time because there is no traffic coming east. The issue then is getting out to make a left with the westbound traffic stacked up at the light which cars were able to do. Because the proposal was discussed with PMAB that Sopra would deliver the cars back up that alley which in their opinion gave people an st nd opportunity to make a southbound turn on S.E. 1 Avenue, go down two blocks to 2 over to Swinton and then they could exit going westbound at the light at Swinton Avenue. Mr. Levinson agrees with Mrs. Archer that if someone is traveling east on Atlantic Avenue and then decides to turn right, this will probably be more difficult. Mrs. Archer stated she really is not so concerned about where people will be traveling once they get out but instead is concerned that the City now has two pick-up spots (one behind the building and one along side the building). Mrs. Archer stated her only concern was if traffic comes out of the parking for Sopra's Restaurant onto 1st Avenue and then turns across -26- 04/17/01 Atlantic Avenue, there are also cars that are being picked up from the 32 East restaurant drop- off. Mrs. Archer feels if people that do not come to get their cars in a timely fashion, it could potentially back up the entire length of the Grip Building. Ms. McCarthy stated she is challenged with this issue also. She stated she is challenged that the pick-up is feeding the traffic the wrong way and by giving a parking space in order to have these pick-ups to only feed the traffic back into the congestion does not make sense. She stated this is awkward and does not understand the reasoning as to why this is being considered. Mr. Aronson agrees that it is a challenging turn and commented that he did evaluate this before attending the meeting this evening. He stated if you are a visitor having your car delivered to you on Atlantic Avenue which is already congested, you will have just as much difficulty pulling out into the flow of traffic from the valet queue onto Atlantic Avenue heading eastbound. Ms. McCarthy stated that is anticipated difficulty and with a blinker eventually someone will let you out. However, Ms. McCarthy stated she feels this may be a safety issue to be concerned with. She suggested that staff look at adding these parking spaces that are not allowable at this time on the east side by flipping the parking queue to the west side. Mr. Aronson stated the street is not wide enough to sustain parking on both sides of the street. At this point, Mr. Aronson stated this was not intended to make it inconvenient for people but was done in an effort to minimize the congestion in the area of Swinton Avenue and Atlantic Avenue. Mr. Aronson stated if the valets are running 100 cars on a Friday night that is just 100 less cars driving in the busiest spot along Atlantic Avenue. Mr. Aronson stated that visitors who are not familiar with the area may not want to go over to $.E. 2nd Street to work their way back to get to 1-95, west Delray, or the turnpike especially if someone has come to Delray via West Atlantic Avenue. Mr. Aronson stated that most visitors coming to a town that they are not familiar will more than likely want to stay on the most acceptable route that they are familiar with and this is why people are being directed back to Atlantic Avenue as Atlantic Avenue is considered the "Gateway" to the town. Mrs. Archer suggested a six-month trial period and feels it could be very effective. Mrs. Archer stated that it does split the queue on Swinton Avenue and it does get the returning cars off Atlantic Avenue so there is not as much of a back up being created. Mr. Perlman stated the most attractive part to him is that this will hopefully alleviate the traffic backup. Mr. Dorling commented that the worst case scenario is if those cars would go to that intersection and turn right which is similar to the movement that they are doing now. However, you would have the benefit of splitting them and the congestion between the 1st block would be relieved. -27- 04/17/01 Mr. Levinson stated he agrees with Commissioner McCarthy that if 2nd Street were a one-way street then there would not be a problem. Mr. Levinson stated that by sending people over to 2nd Street would only confuse them because now they are further away from Atlantic Avenue. If the City were ever to put this back in a two way mode, then it would certainly make a lot of sense for everyone to pick-up south if they are traveling south or north if they are traveling northbound. Ms. McCarthy commented that in some areas that are much larger and busier than Atlantic Avenue, a good valet company will offer assistance with directions knowing you may not be familiar with the area. She feels that a valet parking is not just about parking cars but is also about communicating well to its customers and being sensitive to the fact that a lot of people are not familiar with this area. Ms. McCarthy stated she likes the idea that the valet queue custom pick-up area be located off Atlantic Avenue but at the same time she cannot support this because she feels it may be a potential hazard. In addition, Ms. McCarthy stated this is the wrong place to have the valet queue and feels it is going in the wrong direction. Mrs. Archer moved to approve the request for a valet queue custom pick-up area on S.E. 1st Avenue for a trial period of six months, seconded by Mr. Perlman. Prior to the vote, Mr. Levinson inquired whether or not this would be concurrent with the 32 East Valet Parking Agreement? Mr. Aronson stated he could either ask 32 East to amend their agreement. Mr. Levinson asked if a period of six months is concurrent with their agreement? In response, Mr. Aronson stated he believes their agreement ends in August, but he is not certain. Mrs. Archer stated comparatively speaking there is not a lot of traffic during the summer months. She requested that her preference be to see the trial period extend through December 1st. The City Attorney stated staff could amend the renewal agreement so that the renewal would be December and recommended that the motion be amended to reflect such. Mrs. Archer amended her motion for a trial period lasting until December 1 st, at which time staff will bring back for the Commission to review, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - No; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 1 vote. 9.C. IN-LIEU PARKING FEE/ELIZABETH'S ON 7TH RESTAURANT: Consider approval of $12,000 in-lieu of parking fee for one (1) parking space for Elizabeth's on 7th restaurant. At this point, Mrs. Archer left the dais. Paul Dorling, Planning Director, stated at its meeting of March 21, 2001, the -28- 04/17/01 Historic Preservation Board approved site and development plans for Elizabeth's on 7th Restaurant. The approval includes the enclosure of the 187-square foot covered porch, construction of a 225 square foot storage room/walk-in cooler, and a 300-square foot patio/dining area on the east side of the building. The site plan has been revised to provide 21 parking spaces on the property, which is sufficient to meet the parking requirements for the proposed building additions. However, an in-lieu payment for one parking space is required for the addition of the 300 square foot patio/dining area on the east side of the property. The applicant has requested approval to pay an in-lieu parking fee of $12,000 for the one required space. At its meeting of February 18, 2001, the Parking Management Advisory Board supported an in-lieu parking fee for one parking space only ($12,000) and recommended the balance be accommodated through a reconfiguration of the parking area. Mr. Perlman moved to approve the in-lieu parking fee in the amount of $12,000 for one parking space for Elizabeth's on 7th Restaurant, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. At this point, Mayor Schmidt suggested Item 9.L. be moved forward on the Regular Agenda. 9.L. WAIVER REQUEST TO REDUCE PARKING/"ELIZABETH'S 7TH" RESTAURANT: Consider a waiver request to reduce the parking requirement for "Elizabeth's on 7th" restaurant by one space in order to save a specimen tree. At this point, Mrs. Archer returned to dais. Paul Dorling, Planning Director, stated the subject property is located on the east side of S.E. 7th Avenue, approximately 100' south of Atlantic Avenue. The site contains and existing house which has been converted to a beauty salon, and an associated parking lot. At its meeting of March 21, 2001, the Historic Preservation Board approved a site plan to convert the structure to a restaurant called "Elizabeth's on 7th''. As a condition of approval the applicant has redesigned the parking lot to accommodate all but one of the 21 required parking spaces. The applicant has requested an in-lieu fee option for the remaining space. The redesign of the parking lot would require removal of a very large mature black olive tree. If a waiver is granted to reduce the parking requirement by one parking space the tree could be accommodated within a landscape island. It is noted that prior to the rewriting of the LDR's in 1990, the Code contained an option to allow substitution of required parking to save specimen trees. The Black Olive Tree is approximately 30 to 35 years old with a trunk diameter of -29- 04/17/01 30 inches and a height of 40 feet. The tree is in excellent condition and requires only minor structural pruning. The tree canopy provides shade to the existing building and covers roughly one third of the site. Staff is requesting that the Commission consider a waiver to reduce the parking by one-space so that the Black Olive Tree can be accommodated within a landscape island and so that we can continue to have the shade versus removing it. Mr. Dorling stated the waiver could be granted based upon positive findings pursuant to LDR Section 2.4.7(B)(5). The City Manager stated that at one time the City' s Code had a provision in it that specifically allowed this. However, the City Manager stated somewhere along the way the provision was dropped. Mr. Dorling stated in the re-write of the Code in 1990 it was not included and if the Commission is inclined to support this waiver request, staff will be coming back for initiation to reinstate that option into the LDR' s. Mr. Perlman moved to approve the waiver to LDR Section 4.4.13(G)(1)(a) to reduce the parking requirement by one space to save a specimen tree based upon positive findings pursuant to LDR Section 2.4.7(B)(5), 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.D. SANDOWAY HOUSE REQUEST: Consider a request from Sandoway House Nature Center, Inc. to extend the closing time of the Ingraham Parking Lot on May 8th until 11:00 p.m. to accommodate their Astronomy Program. Robert A. Barcinski, Assistant City Manager, stated this is a request to consider a proposal from the Friends of Sandoway House Nature Center, Inc. to extend the closing time of the Ingraham Parking Lot until 11:00 p.m., on May 5, 2001, to accommodate their Astronomy Program. The Friends of Sandoway House Nature Center, Inc. is requesting to leave the Ingraham Parking Lot open to accommodate their Astronomy Program, which will be held on May 8, 2001 from 8:30 p.m. until 10:30 p.m. The lot closes at 8:00 p.m., and in order to accommodate their request, it would need to be left open until 11:00 p.m. As a condition of approval, Mr. Barcinski stated staff is recommending that the Sandoway House provide a volunteer to man the lot to ensure that only program participant's park in the lot. Mr. Levinson moved to approve the request from Sandoway House Nature Center, Inc. to extend the closing time of the Ingraham Parking Lot on May 8, 2001 until 11:00 p.m. to accommodate the Friends of Sandoway House Nature Center's Astronomy Program subject to the condition that they provide a volunteer to supervise the parking lot, 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. 9.E. CONTRACT AWARD/MAXIME LANDSCAPING (WEST ATLANTIC -30- 04/17/01 AVENUE LANDSCAPE MAINTENANCE): Consider approval of a contract award in the amount of $11,700.00 to Maxime Landscaping (third low bid) for the landscape maintenance for West Atlantic Avenue (west of CSX Railroad to Military Trail). Funding will be from 119-4144- 572-46.60 (Beautification Maintenance). Joe Weldon, Director of Parks and Recreation, stated staff is recommending approval of a contract award in the amount of $11,700.00 to Maxime Landscaping (third lowest bidder) for the annual landscape maintenance for West Atlantic Avenue (west of CSX Railroad to Military Trail). Mr. Weldon stated the second low bidder, F&S Complete Lawn Care Corp. does not have the proper safety equipment (i.e., traffic cones, signage and safety vests) likewise the second low bidder, Good Samaritan Lawn Service, does not have the proper safety equipment. The bid for Good Samaritan Lawn Service was in the amount of $11,445.00. Mr. Weldon explained the difference between the low bid and the third lowest bidder is $288.00. Ms. McCarthy stated she feels it to be very astute that people who respond to the City's bids can indeed do the job. With regard to the safety issues, Ms. McCarthy asked how difficult is it for a company to purchase traffic cones and were there other factors? Ms. McCarthy stated quite often in bidding, people bid things to do certain jobs and they do not put those requirements in place until after they have actually been awarded a bid. Ms. McCarthy asked for further explanation regarding this matter. Mr. Weldon stated on page 18 of the landscape maintenance bid specifications (bid #2001-09) under #8, PERFORMANCE clause, the second paragraph reads as follows: "All laborers must wear orange safety vests and all vehicles parking along the right-of-way must be marked with traffic cones. All landscape maintenance shall be in full compliance with the State of Florida Manual of Uniform Standards for Design, Construction and Maintenance for Streets and Highways." Ms. McCarthy asked if the second low bidder was willing to do this? In response, Mr. Weldon stated the City goes out and inspects it to make sure they comply with the specifications and does not question the bidders. Secondly, Mr. Weldon stated the first two firms are relatively small and take care of mostly residential property, and reiterated that the second low bidder had experience with gas stations. In this particular case, Mr. Weldon stated he would imagine that they may not of had all the manpower that the City would have liked. The City specify certain things in the Bid Specifications and staff goes out to ensure that they meet those specifications as far as having the proper manpower, the proper equipment, insurance, and all the necessary safety equipment. Mr. Weldon agrees with Ms. McCarthy that having to go out and purchase the safety equipment such as traffic cones is probably not a major thing for them but if they are not use to working in that -31- 04/17/01 environment, Mr. Weldon does not feel completely comfortable asking them to do so. The City Manager stated in reviewing this, he was more concerned with the lack of experience in doing jobs of this size or of a similar type, then he was about not having safety equipment because he agrees that it is not a big item to actually purchase. Mr. Weldon reiterated that he would be a little hesitant to send someone out to do the job without knowing whether or not they could do the job safely. Ms. McCarthy moved to approve the contract award in the amount of $11,700.00 to Maxime Landscaping (third low bidder) for the landscape maintenance for West Atlantic Avenue (west of CSX Railroad to Military Trail), seconded by Mr. Perlman. 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. 9.F. LIEN REVIEW ADVISORY COMMITTEE RECOMMENDATIONS: Consider approval of the Lien Review Advisory Committee's recommendations concerning outstanding liens on various properties. The City Manager stated he questions automatically waiving liens under $200, especially the newer ones. The City Manager stated although he concurs with the request that some of the outdated liens (i.e., liens from 1988) be written off, but questions the more recent liens and the wisdom of writing them off because they may have other violations that may occur in the near future. The City Manager stated unless there is an extenuating circumstance, then he cannot support the write-off of liens under $200 and reiterated he will not support waiving liens just because the amount is less than $200. The Commission concurred unless there is an extenuating circumstance, the City should at least cover out-of-pocket costs. Mr. Perlman moved to approve the Lien Review Advisory Committee's recommendations except for the automatic waiver of the liens under $200 unless there is an extenuating circumstance, 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 at 5 to 0 vote. 9.G. AGREEMENT FLORIDA PUBLIC UTILITIES~ CO.: Consider an agreement between the City and Florida Public Utilities Co., to stage personnel and apparatus on property located at 325 NW 2nd Street, during the hours of the Delray Affair. Brian Shutt, Assistant City Attorney, stated this item is before the Commission to allow the Fire Department to use the parking lot on the west side of Florida Public Utilities Company (FPUC) building located at 325 N.E. 2nd Street to stage personnel and apparatus during the hours of the Delray Affair in order to respond to events in the downtown area. -32- 04/17/01 This agreement provides that if a City employee, City vehicle, or person invited onto the premises by the City is injured, the City will not hold FPUC responsible for such injury or damage. Mrs. Archer moved to approve an agreement with the City and Florida Public Utilities Company to stage personnel and apparatus on property located at 325 N.W. 2nd Street during the hours of the Delray Affair, seconded by Mr. Perlman. 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.H. REQUEST GREEN MARKET RELOCATION: Consider approval of a request from the Historic Delray Green Market to relocate to Worthing Park for the remaining of this season which ends May 5th. Robert A. Barcinski, Assistant City Manager, stated this is a request from Lori Moore, Green Market Manager, to relocate the Historic Green Market to Worthing Park for the remainder of this season, which ends May 5th. This would include the remaining Saturdays until May 5th except the weekend of the Delray Affair. Mr. Barcinski stated on four different occasions this market season they had to move the Green Market due to events at the Tennis Center. Due to an education event last week at Old School Square, the Green Market was moved to Worthing Park instead ofN.E. 1st Avenue. Lori Moore, Green Market Manager, stated they are winding up their fifth year and asked the Commission to consider relocating the Green Market to Worthing Park for the remainder of this season, which ends May 5th, and for next year. Mr. Perlman moved to approve the request from the Historic Delray Green Market to relocate to Worthing Park for the remaining of this season and next year, seconded by Mrs. Archer. 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. After the vote, Ms. McCarthy asked for a reason as to why the Green Market is always held east of Swinton Avenue and encouraged everyone to please keep the area west of Swinton in mind too when deciding on a location. 9.1. POLICE RECRUITMENT & RETENTION INCENTIVE PROGRAM: Consider adoption of a Police Recruitment & Retention Incentive Program. The City Manager stated this is before the Commission to consider the adoption of a Police Recruitment & Retention Incentive Program. The policy would be available to All Employees, sworn and non-sworn, to be compensated for recruiting any candidates who are hired by the Chief of Police. Employees will be offered incentive bonuses for every candidate they recruit. The requirement for receiving the incentive bonus is that the candidate successfully -33- 04/17/01 completes the hiring process, and all required training for the position they have been hired. Any employee, who recruits a candidate that is ultimately hired and completes the required training, shall be eligible to receive a salary incentive bonus of $1,000.00. The recruiting employee would receive $300.00 at the time the recruited employee is hired and $700.00 once the recruited employee has completed the required training. In addition, to the cash incentive bonus, the recruiting employee will receive additional Personal Days if the candidate remains an employee of the Delray Beach Police Department at a rate of one (1) additional day per year for the next five (5) years. The City Manager clarified for Mr. Levinson that under Section II, Procedure Subsection 1.2, language should be added to read as follows: 1.2 In addition to the "one-time" cash incentive bonus, the recruiting employee will receive additional Personal Days if the candidate remains an employee of the Delray Beach Police Department. Mr. Perlman moved to approve the Police Recruitment and Retention Incentive Program with the additional language to Subsection 1.2 to reflect a one-time cash incentive bonus, seconded by Ms. McCarthy. 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. 9oJo PROPOSAL FOR SETTLEMENT IN FASHAW V. CITY OF DELRAY BEACH: Consider proposal of settlement in the Cynthia and George Fashaw versus the City of Delray Beach case. Staff recommendation is to deny. The Proposal for Settlement filed by Plaintiffs' attorney is for $10,000.00 inclusive of fees and costs. The City Attorney's recommendation is to deny the Proposal for Settlement. Mr. Perlman moved to deny the Proposal of Settlement in the amount of $10,000 inclusive of fees and costs, in the Cynthia and George Fashaw versus the City of Delray Beach case, 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 to deny passed with a 5 to 0 vote. 9.K. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint a regular member to the Civil Service Board for a two (2) year term ending April 1, 2003. Appointment to be made by Commissioner Archer (Seat #2). Mrs. Archer moved to appoint Allen Huntington as a regular member to the Civil Service Board for a two (2) year term ending April 1, 2003, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - -34- 04/17/01 Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 12. FIRST READINGS: 12.A. ORDINANCE NO. 21-01: An ordinance amending Chapter 92, "Boats and Boating", Section 92.10, "Mooring to Public Property" of the City Code of Ordinance to prohibit prolonged dockage at Veterans Park, and also the use of City electricity and other utilities while docking. If passed, a public hearing will be scheduled for May 1, 2001. The City Manager presented Ordinance No. 21-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 92, "BOATS AND BOATING", BY AMENDING HEADING, "GENERAL PROVISIONS", SECTION 92.10, "MOORING TO PUBLIC PROPERTY", TO SPECIFY THE LENGTH OF TIME A PERSON IS PERMITTED TO DOCK AT VETERANS PARK, LIMITING THE USE OF CERTAIN CITY FACILITIES IN VETERANS PARK AND REFERENCING LDR SECTION 4.3.3(U) RESTRICTING LIVE ABOARD VESSELS; PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 21-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Perlman moved to approve Ordinance No. 21-01 on FIRST Reading, 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. 12.B. ORDINANCE NO. 31-01: An ordinance amending Chapter 73, "Parking Schedule" of the City Code of Ordinance by extending the two-hour parking regulation along Atlantic Avenue, east of Swinton Avenue to State Road A1A, to 8 p.m. If passed, a public hearing will be scheduled for May 1,2001. The City Manager presented Ordinance No. 31-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE VII, "TRAFFIC CODE", CHAPTER 73, "PARKING SCHEDULES", SCHEDULE I. "TWO-HOUR/FOUR-FOUR PARKING ZONES", BY AMENDING SUBSECTION (B), "TIME LIMIT", TO -35- 04/17/01 PROVIDE THE PARAMETERS FOR PARKING ON ATLANTIC AVENUE FROM SW1NTON TO A1A; PROVIDING FOR A GENERAL REPEALER CLAUSE; A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 31-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mrs. Archer moved to approve Ordinance No. 31-01 on FIRST Reading, 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. 12.C. 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. (In light of the changes made to this ordinance it is staff' s recommendation to consider it again for First Reading). If passed, a public hearing will be scheduled for May 1, 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. Mr. Perlman moved to approve Ordinance No. 20-01 on FIRST Reading, 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. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager. -36- 04/17/01 The City Manager had no comments or inquiries on non-agenda items. 13.B. City Attorney. The City Attorney had no comments or inquiries on non-agenda items. 13.C. 13.C.1. City Commission. Commissioner Archer With regard to Carver Middle located on Barwick Road, Commissioner Archer stated that when the children get out of the school they are using sidewalks on the East side of Barwick Road because there are no sidewalks on the West side of the street. However, Ms. Archer stated that on three separate occasions within the last month students easily "jay walk" back and forth across Barwick Road. Mrs. Archer stated she nearly struck a child while driving down Barwick Road and expressed concern over the safety of the children. She asked if there is a possibility of notifying the school and encouraged the Commission that something be done. Mrs. Archer feels first, the students need to understand it is not appropriate to "jay walk" across Barwick Road, and secondly, that a crossing guard or someone be placed in the middle of the block to watch the children. The City Manager commented that the City has received a very similar complaint regarding the students from Banyan Creek Elementary School (north of Lake Ida Road). Ms. McCarthy suggested that an additional school crossing guard be placed at the north exit from the school. The City Manager stated the City can most definitely look into this matter and explained that at Atlantic High School the students would basically disregard the school crossing guard or an officer. Therefore, an assistant principal was placed outside to watch the students and explained that an assistant principal knows all the students and can take disciplinary action within the school system. Mrs. Archer stated she feels the Commission should have recognized the 2001 Senior Games Multiple Medal Winners by having them individually stand and be applauded. 13.C.2. Commissioner Perlman Commissioner Perlman requested that the City Manager look into the issue of the shark feeding and come back to the Commission with a recommendation. With regard to the census information, Mr. Perlman inquired as to whether or not this is all we have right now? In response, the City Manager stated he would look into this matter. -37- 04/17/01 Mr. Perlman thanked and commended Robert Barcinski, Assistant City Manager, for his work regarding the Tennis Facilities Task Team. Mr. Perlman stated this was very labor intensive and expressed his appreciation for a job well done. 13.C.3. Commissioner McCarthy Ms. McCarthy commented about the names of the 2001 Senior Games Multiple Medal Winners and asked for clarification as to whether or not the individuals in the audience this evening were indeed the actual winners. Ms. McCarthy stated she understands the concerns expressed by Mr. Williams and Ms. Beer regarding the CRA and would like to have them recruit applications so that the Commission will have more choices to select from. Commissioner McCarthy also stated that the Roots Classic had Harry T. Moore present for a "book signing" last night and County Commissioner Addie L. Greene was also in attendance. Ms. McCarthy stated the book was about Florida's History and the changes that have occurred. She stated the book signing was well attended and the impact was wonderful. Ms. McCarthy announced and reminded everyone that on April 27th the Palm Beach County Conference of Black Elected Officials will be held at 5:00 p.m. in the Northern Trust Building, located at 770 East Atlantic Avenue, 2nd Floor Conference Room. Ms. McCarthy encouraged representatives from the City to attend this meeting. At this point, the City Manager informed Ms. McCarthy that both he and Mr. Barcinski would be at the City Manager's Best Practices Conference on that date. Ms. McCarthy asked that the City Manager send Lula Butler, Director of Community Improvement, if possible. 13.C.4. Commissioner Levinson Commissioner Levinson had no comments or inquiries. 13.C.$. Mayor Schmidt. Mayor Schmidt stated he would like to move forward regarding the issue of the shark feeding and will await a recommendation from the City Manager. Mayor Schmidt stated the Commission voted to move ahead with the Goal Setting Session and a public hearing. He asked the Commission if they would like to handle the invitations the same way as last year with each Commissioner inviting 10 people. It was the consensus of the Commission to proceed with each Commissioner inviting ten individuals. -38- 04/17/01 At this point, Mr. Levinson suggested that staff provide the Commission with a list of the Vision 2010 appointees so they might take it into consideration and perhaps invite different people to the GOAL Setting Session thereby broadening citizen participation. at 9:50 p.m. There being no further business, Mayor Schmidt declared the meeting adjourned ATTEST: Acting City Clerk MAYOR 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 held on April 17, 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. -39- 04/17/01 At this point, Mr. Levinson suggested that staff provide the Commission with a list of the Vision 2010 appointees so they might take it into consideration and perhaps invite different people to the GOAL Setting Session thereby broadening citizen participation. There being no further business, Mayor Schmidt declared the meeting adjourned at 9:50 p.m. ATTEST: MAYOR Acting City Clerk 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 held on April 17, 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. -39- 04/17/01