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06-05-01JUNE 5, 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 6:00 p.m., Tuesday, June 5, 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 Lionel Cook with Sutton Chapel Church of God in Christ delivered the opening prayer. The Pledge of Allegiance to the flag of the United States of America was given. AGENDA APPROVAL. The City Attorney requested that Item 12.B.1, Waiver Request with Autobahn Motors Automotive Dealership, be postponed until the second reading of the ordinance. Ms. McCarthy moved to approve the Agenda as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. APPROVAL OF MINUTES: Mr. Perlman moved to approve the Minutes of the Regular Meeting of April 17, 2001, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 06/05/01 6. PROCLAMATIONS: 6.A. Recognizing Student Ambassadors: Lexie Browm Grant Chang-Chiem Andrew Chao~ Teresa Garcia and D'Jenie Heine Mayor Schmidt read and presented a proclamation recognizing the Student Ambassadors representing both the City of Delray Beach and the Student Body of Atlantic High School. The following students came forward to accept the proclamation: LEXIE BROWN GRANT CHANG-CHIEN ANDREW CHAO TERESA GARCIA and D'JENIE HELNE 6oBo National Homeownership Week- June 4-8, 2001 Mayor Schmidt read and presented a proclamation recognizing June 4-8, 2001 as "National Homeownership Week". Lula Butler, Director of Community Improvement, came forward to accept the proclamation. ° PRESENTATIONS: o CONSENT AGENDA: City Manager Recommends Approval. 8.A. ACCESS EASEMENT AGREEMENT/CROSSROADS CLUB & ELKS CLUB: Approve an access easement agreement that allows a second point of access from the proposed parking lot for the Crossroads Club over the Elks Club property. The access agreement also provides for access from the Elks Club parking lot over the Crossroads Club parking lot and onto the City owned property. 8oBo AMENDMENT TO THE ENCROACHMENT AGREEMENT WITH THE LAKE WORTH DRAINAGE DISTRICT: Approve the Third Amendment to the Encroachment Agreement between the City and the Lake Worth Drainage District for a five (5) year extension to April 11, 2006. 8oCo ENCROACHMENT AGREEMENT/COMMUNITY CHILD CARE CENTER: Approve an encroachment agreement with the Community Child Care Center which allows the center to place pavers, walkways, overhangs and dumpster pods in the public right-of- way. The initial term of the agreement is twenty-five (25) years with allowable extensions thereafter in ten (10) year increments. 8.D. REPLAT FOR COMMUNITY CHILD CARE FACILITY: Approve the replat for the Community Child Care Facility, located between Lake Ida Road and NW 4th Street. -2- 06/05/01 8oto GRANT AGREEMENT FOR PROGRAMMABLE ELECTRONIC MESSAGE SIGNS: Authorize the Mayor to sign a Grant Agreement with the State of Florida, Department of Community Affairs, for an Emergency Management Preparedness and Assistance Trust Fund grant in the amount of $50,000 to purchase two (2) Programmable Electronic Message Signs specifically designed to further emergency management capabilities. No matching funds are required. 8.F. GRANT APPLICATION TO CHILDREN'S SERVICES COUNCIL: Authorize staff to submit a grant application to the Children's Services Council (CSC) for funding in the approximate amount of $124,680 for the City's out of school program, day camps and summer camp programs. 8.G. CRA INTERLOCAL AGREEMENTS/PINEAPPLE GROVE SPECIAL ASSESSMENTS: Approve the interlocal agreements with the CRA to reimburse the City $50,000 for the Pineapple Grove Entrance SpecialAssessment District project and $683,283.33 for the Pineapple Grove Way Special Assessment District project. 8oHo AGREEMENT AMENDMENT/GOLDEN MARK MAINTENANCE: Approve an amendment to the agreement between the City and Golden Mark Maintenance to transfer the contract to OneSource Facility Services, Inc. as a result of the merger of two service companies. g.I. CONTRACT CLOSEOUT/1NSITUFORM TECHNOLOGIES, INC. (REHABILITATION OF GRAVITY SEWER SYSTEMS): Approve the contract closeout with Insituform Technologies, Inc. for the Rehabilitation of Gravity Sewer Systems. go Jo CONTRACT CLOSEOUT/1NSITUFORM TECHNOLOGIES, INC. (REHABILITATION OF GRAVITY SEWER SYSTEMS/2000 ROADWAY BOND PROJECT): Approve the contract closeout with Insituform Technologies, Inc., Rehabilitation of Gravity Sewer Systems/2000 Roadway Bond Project. for the 8.K. SERVICE AUTHORIZATION NO. 91-45/HELLER-WEAVER AND SHEREMETA, INC. (2000 ROAD BOND SW AREA II IMPROVEMENTS): Approve Service Authorization No. 91-45 with Heller-Weaver and Sheremeta in the amount of $42,240.00 to survey the area encompassing the 2000 Road Bond SW Area II Improvement project. Funding is available from 370-3162-541-65.58 (SW Area II Improvements). 8.L. SERVICE AUTHORIZATION # 8/MATHEWS CONSULTING, INC. (SW AREA): Approve Service Authorization # 8 with Mathews Consulting, Inc. for general engineering services for the SW Area II Improvement project. Funding is available from 370- 3162-541-65.58 (SW Area II Improvements). 8.M. DEDUCT CHANGE ORDER #2 & FINAL PAYMENT/AHRENS COMPANIES: Approve deduct Change Order # 2 in the net amount of-$8,854.91 with Ahrens -3- 06/05/01 Companies for completion of the ESD Maintenance & Parks Maintenance Expansion Project, and final payment in the amount of $47,164.85. Funding is available from 334-4131-572-62.10 (Parks Maintenance) -$471.72; and 334-6112-519-62.10 (Building Maintenance/Garage) $8,383.19. 8.N. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a subsidy for one (1) eligible applicant/family in the amount of $11,000.00, property located at 2125 SW 12th Court. This represents the 124th applicant under the Delray Renaissance Program. Funding is available from 118-1924-544-83.01 (SHIP Program). 8.0. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Consider a request for special event approval for Art & Jazz scheduled for June 28, 2001, including temporary use permit and street closure, staff support, use of City equipment, and specified overtime costs. 8.P. SPECIAL EVENT REQUEST/4T}I OF JULY: Consider a request for special event approval for the 4th of July Celebration event, including temporary use permit for street closures, waiver to allow banners and flags, waiver to allow assembly on the beach and vendors on A1A, and staff support. 8.Q. SPECIAL EVENT REQUEST/SUMMER NIGHTS: Consider a request for special event approval for the Summer Nights on the Avenue program, including temporary use permit, staff support with payment to the City for overtime costs exceeding $5,000.00. 8.R. SPECIAL EVENT REQUEST/AVDA 5K WALK: Consider a request for special event approval to allow the 3rd Annual Aid to Victims of Domestic Abuse (AVDA) 5 K Walk to be held on Saturday, October 20, 2001, including temporary use permit, staff support for traffic control with the sponsor paying all overtime costs. 8oSo REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period May 14, 2001 through June 1, 2001. 8oTo AWARD OF BIDS AND CONTRACTS: Purchase award to Fisher Scientific Company for the purchase of forty (40) Self-Contained Breathing Apparatus (S.C.B.A.) cylinders in the amount of $24,035.60. Funding is available from 001-2315-526-64.90 (Other Machinery/Equipment). ° Contract award to Security Roofing Systems, Inc. for the re-roofing of the beach pavilions along A1A in the amount of $15,796.00. Funding is available from 334-6112-519-62.13 (General Construction/Pavilion Roofs). -4- 06/05/01 o Bid award to Red Wing Shoe Store for the purchase of safety shoes via the Palm Beach County Bid #01-078/MW for an annual coat of $21,961.00. Funding is available from various departments' operating expense budget. o Contract renewal via Vero Beach Bid #97-41 with G&K Services for uniform rental at an annual cost of $44,974.00. Funding is available from various departments' operating expense budget. Purchase award via State Contract, to Maroone Dodge in the amount of $16,927.00 for a 3¼ ton utility body pickup truck. Funding is available from 441-5123-536-64.20 (Water/Sewer Automotive). o Blanket purchase order increase via Broward County Bid #HD98280M1 to Colonna Asphalt for asphalt and concrete repairs in the amount of $10,000.00. Funding is available from 441-5141-536-34.90 (Water/Sewer-Other Contractual Services). o Purchase award to FireCo, Inc. in the amount of $18,650.00 for the purchase of a thermal imaging camera. Funding is from 115-0000-248- 64.00 (Special Projects). Mr. Perlman moved to approve the Consent Agenda, 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 REGULAR AGENDA: 9.A. CONDITIONAL USE REQUEST/BFI: Consider a conditional use request to allow the construction of a 125' high telecommunications tower at the BFI (Browning-Ferris Industries) site, located on the east side of SW 4th Avenue, north of Linton Boulevard (1475 SW 4th Avenue). Quasi-Judicial Hearing. Mayor Schmidt asked the Commission to disclose any ex parte contacts. There were no ex parte contacts noted. Mrs. Archer pointed out that she did have contact with some individuals from BFI at a social function, however, there was no discussion of the tower. The City Attorney stated all involved parties would conduct this item as a quasi- judicial hearing, which allows for presentations, the admission of documents into the record and public testimony. Barbara Garito, Acting City Clerk, swore in those individuals who wished to give testimony on this item. -5- 06/05/01 Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning project file 2001-86 into the record. Mr. Dorling stated this request is for a 125' manopole telecommunications tower in the industrial area east of S.W. 4th Avenue approximately 800 feet north of Linton Boulevard on property currently occupied by BFI Sanitation Company. The request is to construct 125' manopole with space for five self-providers along with a small ground lease for equipment storage. In 1997, a similar proposal was approved for a 150-foot tower. This approval lapsed as the tower was never constructed. At its meeting of May 21, 2001, the Planning and Zoning Board held a public hearing in conjunction with the request and there was no public testimony regarding the request. After discussing the proposal, the Board voted (6-1, Randolph dissenting) to recommend approval of the 125' high telecommunication tower subject to an additional condition that the tower provide up to five telecommunication service providers. Staff recommends approval of the Conditional Use request to establish a 125' high telecommunication tower at BFI (Browning-Ferris Industries) site, based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Conditional Use Findings), and Section 4.3.3(S) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to the following conditions as contained in the staff report and further modified by the Planning and Zoning Board to include the capacity for co-location of up to five service providers: That the survey shall be revised to provide the crown elevation of Old Dixie Highway and that the maximum tower height of 125' be provided based on this elevation. That the tower owner shall offer space on the tower with fair, reasonable nondiscriminatory terms, at fair market value, and to negotiate leases promptly and without undue delay. 3. That the maximum height of the barbwire is two feet. That the lease area shall be moved ten-feet to the south in order to preserve the existing landscape island. That except where superseded by the requirements of other county, state, or federal regulatory agencies possessing jurisdiction over telecommunication towers, the telecommunication tower shall be constructed in neutral colors, designed to blend into the surrounding environment, such as non-contrasting gray. That a site plan modification be processed with the site plan to be in general conformance with the sketch plan, which addresses the lease area and landscaping issues identified in this report. That all dead or missing trees, shrubs, ground cover and sod shall be replaced throughout the site. -6- 06/05/01 8. That all exotic plant species such as Australian Pine shall be removed from the site. That landscape maintenance including weeding, pruning, edging, mulching and fertilizing of all landscape areas shall be accomplished in accordance with direction by the City Horticulturist. 10. That the proper documentation that indicates there will not be a conflict with respect to radio waver interference (Federal Aviation Administration and Federal Communication Commission) shall be submitted. Mark Ciarfella~ speaking on behalf of Atlantic Coast Tower of Florida~ Inc., stated this was a site that was approved three years ago which is 25 feet lower than the facility that was approved three years ago. Mr. Ciarfella explained this is a different company from the company that had the approval three years ago and since it expired they accepted all of staff' s conditions of approval. He believes Atlantic Coast Tower of Florida satisfies the intent of the code in terms of locating it in an industrial area. Mr. Ciarfella stated they will construct this facility for five telecommunications providers which is in excess of what the code allows and that is why they are asking for approval from the Commission. There being no one else who, having been duly sworn, who wished to address the Commission in support or in opposition of the application, the public hearing was closed. Ms. McCarthy moved to approve the Conditional Use request to establish a 125' high telecommunication tower at Browning-Ferris Industries (BFI) site, based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Conditional Use Findings), and Section 4.3.3(S) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to the conditions contained in the staff report and further modified by the Planning and Zoning Board to include the capacity for co-location of up to five service providers, 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. 9.B. SANDOWAY PARKING LOT: Consider the statistical data collected during the test period, from January 2001, through April 2001, associated with extending the closing time of the Sandoway Parking Lot from 8:00 p.m. to 9:00 p.m. and establish the official lot closing time. Paul Dorling, Planning Director, stated on January 16th of this year the Commission approved extending the Sandoway Lot closing time from 8:00 p.m. until 9:00 p.m. on a trial basis to ascertain utilization of the lot beyond the 8:00 p.m. closing time. The test period began mid-month (January 16th) and there was no utilization of the lot late in the evening. This lack of utilization was probably due to citizens not being aware of the extended operating hours. However, February and March showed increased activity with a total of twenty-two (22) and twenty-one (21) cars parked respectively. In April with the onset of -7- 06/05/01 Daylight Savings Time, the lot accommodated forty-four (44) cars parked after 8:00 p.m. It is noted that the lot utilization in February and March is probably higher than reported as these counts are based on incomplete data (missing days). Mr. Steve Daniels, attorney representing Ocean Place Condominium, appeared before the Parking Management Advisory Board at their May 22nd meeting in opposition to the later closing time stating that the marginal use of the parking lot did not necessitate the later closing time. After discussion, based on the increased usage particularly with Daylight Savings Time, the Board voted 5-2 (Marincola, Onnen and Radabaugh absent), in favor of continuing the test period of the Sandoway Lot's 9:00 p.m. closing time for an additional six-month period, ending October 31. Mr. Perlman moved to approve the continuation of the test period of the Sandoway Lot 9:00 p.m. closing time for an additional six-month period, ending October 31st, 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. 9oCo HOMEOWNERS AGREEMENT/ANDOVER HOMEOWNERS ASSOCIATION: Approve an agreement between the City and the Andover Homeowners Association with the City providing supplies needed for the construction of drainage improvements near the entrance to Andover. Randal Krejcarek, City Engineer, stated this is an agreement with the Andover Homeowners' Association. The City is providing materials to Andover to facilitate the construction of drainage improvements at their entrance on Germantown Road to be completed by Andover. The City will provide the following: 50 lineal feet of 18" HDPE Exfiltration Pipe. 2 Type "C" Inlets with Grates. 16 cubic yards of#57 stone. The City will have no continuing obligation with regard to the proposed improvements or materials. Andover agrees to indemnify and hold the City harmless for any claims arising from the installation of the drainage which is simply the drainage improvements, including installation of the materials. The City Attorney noted a typographical error to paragraph #8 (page two) of the agreement in the second line there should be a period placed after the word "parties" and the words "as it relates to settlement discussions" should be deleted. Mrs. Archer moved to approve the agreement between the City and the Andover Homeowners' Association with the City providing supplies needed for the construction of -8- 06/05/01 drainage improvements near the entrance to Andover as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9ono AMENDMENT #1 TO DEVELOPER' S AGREEMENT/OCEAN HAMMOCK HOMES: Approve Amendment #1 to the developer's agreement with Ironwood Properties for the Ocean Hammock Coach Homes project. Randal Krejcarek, City Engineer, stated this amendment is to an existing agreement the City has with Ocean Hammock Homes and the reason for the amendment is that at the last minute the City requested that the developer's engineer revise the design. Mr. Krejcarek stated he is referring to the road on Pelican Lane, which is the boundary between the Town of Gulf Stream and the City of Delray Beach. The City's request was to shift the road approximately 10 feet south of its current location. As a result of this request, the developer has incurred additional design expenses. However, this has also reduced the need for a retaining wall along Pelican Lane and therefore, reduced the quantities of some of the materials listed on the original Exhibit "A". Mr. Krejcarek stated the total amount of the agreement is $62,550.00 and has not changed. All that is being done is they are subtracting out the quantity for the retaining wall and then adding it back in for the design (a wash). Mr. Perlman moved to approve Amendment #1 to the developer's agreement with Ironwood Properties for the Ocean Hammock Coach Homes project, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.E. LEASE AGREEMENT AT&T/POLICE DEPARTMENT TOWER: Consider approval of a lease agreement with AT&T Wireless Services of Florida for location of their communications equipment on the Police Department Tower. The initial term is for five (5) years. The City Attorney stated this agreement is for an initial term of five years with additional five-year terms. AT&T will pay the City a monthly rental payment of $2,000. Beginning with year two of the initial term, and each year thereafter, including throughout any option terms exercised, the monthly rent will escalate by three percent (3%) over the previous year's rent on a compounded basis. Mr. Levinson asked how the City arrived at the monthly rental payment of $2,000? In response, Amanda Solomon, Telecommunications Systems Manager, stated she called several cities and counties to see what the standard rates were for co-location and feels this is a competitive rate. Mrs. Archer moved to approve the lease agreement with AT&T Wireless Services of Florida for location of their communications equipment on the Police Department Tower, -9- 06/05/01 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.F. SPECIAL EVENT REQUEST/JOIN HANDS DAY FESTIVAL: Consider a request for special event approval for the First Join Hands Day Festival to be held on Saturday, June 16, 2001 at Currie Commons Park, including the use of the park, temporary use permit, staff support and waiving overtime costs. Robert A. Barcinski, Assistant City Manager, explained this is a request to consider approval of the First Join Hands Day Festival sponsored by the Toussaint L'Ouverture High School for Arts and Social Justice, the Joint Venture and the Osceola Park Homeowners' Association to be held on Saturday, June 16, 2001 from 11:00 a.m. to 6:00 p.m. at Currie Commons Park. Staff is also requesting to grant a temporary use permit per LDR's Section 2.4.6(H) for the use of the park, to provide staff support for security, stage set up, and trash removal and clean up, and to waive all overtime costs. This is a new event and would exceed the 50-event limit set by the City Commission. Mr. Barcinski stated because it appears that this event would support one of our major five-year goals, Community Unity, the expected workload for City staff is relatively minor. The event is outside the downtown area and the Commission may wish to allow it as an exception to the 50-event limit. If the Commission decides to allow the event, staff recommends approving use of the park, providing staff support as requested and waiving overtime costs. Mayor Schmidt commented that he is pleased to see the partnership between the Joint Venture and the Osceola Park Homeowners' Association and the high school. He stated he realizes the 50-event limit, but would support making an exception for this event. The Commission concurred with Mayor Schmidt's comments. Ms. McCarthy moved to approve the special event request for First Join Hands Day Festival sponsored by the Toussaint L'Ouverture High School for Arts and Social Justice, the Joint Venture and the Osceola Park Homeowners' Association to be held on Saturday, June 16, 2001 from 11:00 a.m. to 6:00 p.m. at Currie Commons Park including a temporary use permit per LDR's Section 2.4.6(H) for the use of the park, to provide staff support for security, stage set up, and trash removal and clean up, and to waive all overtime costs, 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. PROPOSAL FOR SETTLEMENT/JAMES TYLKE v. CITY OF DELRAY BEACH, et. al: Consider proposal of settlement in the James Tylke v. City of Delray Beach, et. al. The City Attorney stated this is a proposal for settlement in the amount of $1,501.00 as to Sergeant Berry, $2,501.00 as to former Sergeant JeffRancour and $3,501.00 as -10- 06/05/01 to the City. Mr. Perlman moved to approve the proposal of settlement in the James Tylke v. the City of Delray Beach, et al, 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. 9.H. RFP FOR NAMING RIGHTS/TENNIS FACILITY: Consider approval of the RFP for naming rights/and or philanthropic donations for the Tennis Facility. Robert A. Barcinski, Assistant City Manager, stated this is before the Commission for review and consideration for approval prior to staff going out and advertising requesting proposals from firms to solicit naming rights and/or philanthropic donations for the Tennis Center and Stadium. Mr. Barcinski stated there were a few RFP samples, which he was able to utilize. Both the County and City of Miami just recently came out with an RFP for the Orange Bowl naming rights. Mr. Barcinski stated the dates are somewhat optimistic, but if we utilize advertising with some of the major sports publications the dates may be extended a little bit. Mr. Barcinski stated the key would be to get to firms and get information out to submit proposals. Ms. McCarthy asked if Mr. Barcinski would like to use June l0th as a tentative date and if we do not get responses, then at that point extend the date? In response, Mr. Barcinski stated before this is finalized he will have to call to see how long it may take and possibly extend the timeframe. With regard to Matchpoint, Mr. Levinson stated it is unclear that if there is a naming right sold for a tournament it appears that they get 50% of the revenue, but if a naming right is sold which is different from a tournament function for the stadium, it is unclear whether or not they are entitled to the fee. The City Attorney stated quite some time ago during the naming of the stadium was an issue and explained this is different then a sponsorship (i.e. for an event). Mr. Perlman stated he feels this is a great RFP and stated the key is going to be where this is advertised. Mr. Perlman commented about The International Tennis Championships and asked if CITRIX has pulled out? In response, Mr. Barcinski stated CITRIX has not renewed their contract so Matchpoint is calling it another name until they secure another sponsor. Ms. McCarthy moved to approve the RFP to allow latitude on the advertising dates, seconded by Mr. Levinson. Prior to the vote, the following discussion ensued. -11- 06/05/01 At this point, Mr. Perlman stated under the naming right qualifier #2 on page three it talks about Flight Media contract and asked if Flight Media still maintains the rights to companies they have contacted even though they are not under contract? Mr. Barcinski explained only Southwestern Bell Communications, Inc. or a subsidiary thereof or Sun America Companies. Mr. Perlman asked how long they could maintain this? Mr. Barcinski explained one year after the expiration. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor $chmidt - Yes. Said motion passed with a 5 to 0 vote. 9.I. CHARTER REVISION COMMITTEE: Commission to provide direction to the recently appointed Charter Revision Committee. Mayor Schmidt stated Ken Ellingsworth, Chairman of the Charter Revision Committee, requested that the following items be placed on the agenda for Commission direction: 1. If Charter changes are made, what ballot would the Commission like them to go on? November 2001 or March 2002? It was the consensus of the Commission to place any changes related to the Charter on the March 2002 ballot. 2. Does the Commission want the Committee to review both the Charter and election ordinance? It was the consensus of the Commission to have the Charter Revision Committee to review both the Charter and Chapter 34 (Elections). 3. Does the Commission want specific areas of the Charter to be addressed (i.e., date of elections, qualification to run, term limits, etc.) or do they want the entire Charter and election ordinance to be reviewed? It was the consensus of the Commission to review the entire Charter and election ordinance. It was the consensus of the Commission to have public input early in the process for a maximum of two or three meetings so the Charter Revision Committee has time to form their organization and identify their tasks. In addition, the Commission concurred to hold the first couple of Charter Revision Committee meetings in different locations throughout the City. 12. FIRST READINGS: 12.A. ORDINANCE NO. 35-01: An ordinance amending Chapter 91, "Animals" of the -12- 06/05/01 Code of Ordinances and amending Section 91.51 "Lighting Restrictions Along Beach", to provide for a change in the dates and times that artificial lighting along the beach shall be prohibited. If passed, a public hearing will be scheduled for June 19, 2001. The City Manager presented Ordinance No. 35-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, CHAPTER 91, "ANIMALS"; BY AMENDING SECTION 91.51, "LIGHTING RESTRICTIONS ALONG BEACH", TO PROVIDE FOR A CHANGE IN THE DATES AND TIMES THAT ARTIFICIAL LIGHTING ALONG THE BEACH SHALL BE PROHIBITED; PROVIDING A GENERAL REPEALER CLAUSE, SAVINGS CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 35 -01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Planning Director, the County's Land Development Regulations requires that County funds expended for shore protection projects within municipalities be contingent upon full enforcement of their LDR Section 91.51 which includes sea turtle protection and sand preservation ordinances or adoption by municipalities of an equally stringent ordinance. The changes provide that lighting restrictions shall be in place from dusk to dawn rather then from 11:00 p.m. to 6:00 a.m. and shall extend from March 1, rather than May 1, until October 31 st of each year. Mr. Levinson stated the City of Boca is trying a new lighting scheme, which is in the ground and asked if that works do we need to amend this ordinance? In response, Mr. Dorling stated this ordinance would not need to be amended and stated he believes the City of Boca has this funding through the State. Mr. Dorling informed everyone that this would be a ground lit system, which the County is endorsing. Mrs. Archer inquired if the City of Delray Beach will have an opportunity to go with a similar system. Mr. Dorling stated this is a test system and staff will address the specifics of the system. Mrs. Archer stated several individuals have contacted her regarding the inadequate lighting at the north end of the beach. Evidently, Mrs. Archer stated there are a lot of joggers who jog in this area and are concerned for their safety. She feels this could be a potential problem and should be addressed immediately. -13- 06/05/01 Mr. Darting stated there is a part of the ordinance, which addressed these two issues. There are some additional lighting issues that the County has approached the City about and staff is working with them on those. However, these are clearly concerns that are inconsistent with the County's regulations. Mrs. Archer moved to approve Ordinance No. 35-01 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Pertman - Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 32-01: An ordinance rezoning from GC (General Commercial) to AC (Automotive Commercial) for a parcel of land located on the west side of North Federal Highway approximately 920 feet north of Lake Avenue for Autobahn Motors, Inc. If passed, a public hearing will be scheduled for June 19, 2001. The City Manager presented Ordinance No. 32-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT TO AC (AUTOMOTIVE COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE WEST SIDE OF NORTH FEDERAL HIGHWAY, APPROXIMATELY 920' NORTH OF LAKE AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 2000"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 32-01 is on file in the City Clerk's office.) Paul Darting, Planning Director, stated this property was annexed into the City in 1979 and contained the former Arrow Trailer Park. This use was demolished to make way for redevelopment of the site. A rezaning request is before the Commission this evening to accommodate a "high end" facility and a new electric automobile dealership. In a separate related application there was also a conditional use application to establish a full service vehicle repair facility on the site to service both the electric cars and the regular cars. The required findings of Section 3.2.2 and 3.1.1 are made in the Planning and Zoning Staff Report including the rezoning standards, findings relating to the future land use map, concurrency, consistency and compliance with the LDR's. With respect to consistency, several comp plans are identified in the staff report and this request is consistent with those particularly Future Land Use Element Policy A-2.4 that directs automobile uses to this area of the City, Future Land Use Element Policy C-1.4 relating to consistency with the Federal -14- 06/05/01 Highway Redevelopment Plan and the Future Land Use Element Objective A-1 relating to the intensity of uses. With respect to the compliance and the LDR's Mr. Dorling stated this meets all the requirements with the exception of the minimum size of 1.5 acres of AC (Automotive Commercial) use. This site in its gross acreage is 1.8 acres, after a significant dedication for both Dixie Highway and Federal Highway this site ends up at approximately 1.42 acres. At its meeting of May 21, 2001, the Planning and Zoning Board held a public hearing in conjunction with the requests. After reviewing the staff report and discussing the proposal, the Board voted 7-0 to recommend that the requests be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. Mr. Dorling noted he spoke with a representative from the North Federal Highway who expressed some concerns that they did not want to see hoods up on cars and flags, etc. Mr. Dorling stated these concerns are already addressed because those things are prohibited in the AC (Automotive Commercial) zoning requirements. The City Attorney announced that there would be a quasi-judicial hearing on this rezoning ordinance as well as the waiver on Tuesday, June 19, 2001. Mr. Perlman moved to approve Ordinance No. 32-01 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. WAIVER REQUEST/AUTOBAHN MOTORS AUTOMOTIVE DEALERSHIP: Consider a waiver to LDR Section 4.4.10(F)(2)(d), which requires a minimum lot area of 1.5 acres for Autobahn Motors Automotive Dealership, located on the west side of North Federal Highway, approximately 920' north of Lake Avenue. This item was deferred to the second reading of the June 19, 2001 Regular City Commission Meeting. 12.C. ORDINANCE NO. 36-01: An ordinance amending Chapter 33, "Police and Fire Departments" of the City Code of Ordinances, by amending Section 33.685, "Deferred Retirement Option Plan", authorizing the Pension Board to select a third party administrator to provide a self-directed investment program for DROP Accounts. If passed, a public hearing will be scheduled for June 19, 2001. The City Manager presented Ordinance No. 36-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", -15- 06/05/01 SUBHEADING 'PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.685, "DEFERRED RETIREMENT OPTION PLAN"; AUTHORIZING THE PENSION BOARD TO SELECT A THIRD PARTY ADMINISTRATOR TO PROVIDE A SELF-DIRECTED INVESTMENT PROGRAM FOR DROP ACCOUNTS; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 36-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mrs. Archer asked if this would have any adverse financial impact on the City in any way? The City Attorney stated this would not have any adverse financial impact on the City. Mayor Schmidt commented that it was a concern that the plan participants have a little more flexibility in what they are doing with their investments. Ms. McCarthy moved to approve Ordinance No. 36-01 on FIRST Reading, 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 time being 6:50 p.m., the Commission moved to Item ll.B., Comments and Inquiries on Non-Agenda Items from the Public. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. 11.B. From the Public. ll.B.1. Jay Slavin, 2601 N.W. l0th Street, expressed concern regarding the Charter Revision Committee Meetings being made public. She recently looked up the Charter Revision Committee members from June 1991 and stated the meetings were made very public and the Committee did an excellent job. ll.B.2. Kevin Warner, 248 Venetian Drive, expressed concern over a variety of issues (i.e. Citrus Canker, Billboards, Boca Raton Airport problems, and drug rehab centers) where a controlling authority goes beyond the City. He stated these are issues where other legal bodies are involved and the City cannot do anything about it. Mr. Warner suggested engaging Kathy Daley, City Lobbyist, to recognize that she is also working for other cities that may have similar views and when it is appropriate give her direction on what might be items of pursuit. Mr. Warner stated he was informed by the City Manager's office that there is no status report of her -16- 06/05/01 activities on file and respectfully requests to review this in order to see what her thoughts are and see the progress she has made. Secondly, Mr. Warner wished the Commission good luck with the upcoming budget season. ll.B.3. Mary Alford~ 31 N.W. 14th Avenue, thanked the City Manager for the letter in response to the issue that was presented at the last meeting regarding left turn signals. She asked whether or not someone from the City would be there when FDOT monitors this problem? In addition, she asked for a copy of all the accident reports that may have occurred in that area for this year and stated it would be a big help to the Gateway Homeowners' Association in determining how they will approach this matter. Mayor Schmidt asked if FDOT would notify the City ahead of time when they are going to monitor something like this? The City Manager stated it depends on what they are doing. For example, if FDOT is putting out traffic counters then usually they do not. If they are sending someone to actually observe the intersection then FDOT may let the City know or they may not. However, the City Manager stated the City can request that FDOT notify the City ahead of time when they are going to monitor this area. At this point, Ms. McCarthy questioned the validity of a traffic counter and whether or not they would have the knowledge to know if there would be a need for a left-hand turn signal? In response, the City Manager stated yes because one major factor they consider is the volume on the two streets. The City Manager stated that although the Commission may not agree with this, it is one of the criteria that FDOT uses. Ms. McCarthy stated she wants to be reassured that if FDOT decides to monitor this intersection by traffic count, then is it correct to assume that they will put the counters on the north and the south sides of the street? The City Manager explained that FDOT would put counters on both the north and south sides of the street. ll.B.4. John Bennett~ 137 Seabreeze Avenue, speaking on behalf of Progressive Residents of Delray (PROD), read the following into the record per direction from the Board (a copy is attached hereto and incorporated herein as an official part of the minutes): "In the near future, the terms of several CRA Commissioners will expire. Given that the CRA is now emphasizing the priority of action in an area that has seen little redevelopment activity until now, PROD feels that it is appropriate and desirable to re-examine the policy of automatically reappointing incumbent CRA Commissioners to second four-year terms. This policy allows an individual to continue on the CRA even beyond the period of service of the City Commissioner who appointed him or her and who has twice won reelection. A single four-year term is already the equivalent of two full terms on most of the City's other Boards and exceeds the term of service on all except two or three other City Boards." -17- 06/05/01 "To recommend henceforth limiting CRA Commissioners to a single four-year term, is in no way to suggest that the performance of our present Commissioners has been anything less than praiseworthy. Indeed, we are mindful of the many valuable contributions made by incumbent Commissioners. Nonetheless, as we move into a new phase of redeveloping the City, we should make room for new ideas and new faces. The process will certainly operate more smoothly if future appointments to the CRA provide greater representation of the populace most directly affected by the redevelopment efforts, although that should not be the sole source of appointments." At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10. ORDINANCE NO. 34-01: An ordinance amending Chapter 32 "Departments, Boards and Commissions" of the City Code of Ordinances by modifying Section 32.07 "Membership Qualification/Requirements". 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. 34-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, CHAPTER 32, "DEPARTMENTS, BOARDS, AND COMMISSIONS", HEADING "GENERAL PROVISIONS"; BY AMENDING SECTION 32.07, "MEMBERSHIP QUALIFICATIONS/ REQUIREMENTS", TO PROVIDE EMPLOYMENT WITHIN THE CITY AS AN ADDITIONAL QUALIFICATION; PROVIDING A GENERAL REPEALER CLAUSE, SAVINGS CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 34 -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. John Bennett speaking on behalf of PROD, stated PROD opposes this ordinance on several grounds. First, as a matter of policy making, Mr. Bennett asked why the City is doing things in this disjointed method instead of having the comprehensive review? Secondly, Mr. Bennett asked why the City is doing this at all? Mr. Bennett stated he reviewed -18- 06/05/01 the agenda backup material and feels it provides no rationale or justification. Mr. Bennett stated the ordinance itself has a "whereas" clause that says: "whereas the City desires to do this" and asked why does the City desire to do this? Jean Beer~ 2145 S.W. 26th Terrace, wholeheartedly agrees with comments expressed by Mr. Bennett and stated there is no reason for this. Ms. Beer feels this is an insult to all the people who sign up for Boards to even suggest that someone who merely works for a company in the City should sit on the most important Board the City has. Furthermore, Ms. Beer stated this is the very basis of how we govern our City and feels Charter Revision Committee should be the people's choice and not someone who has no connection to the City. Henry Williams~ 310 N.W. 3ra Avenue, questioned the ordinance and stated he wished there was a way to make a law that a person who serves so many years cannot be allowed to run again for that same seat. Mr. Williams agrees wholeheartedly with comments expressed by Ms. Beer and Mr. Bennett regarding the Board and Committees and membership qualifications/requirements and stated everyone is being selfish. Alice Finst~ 707 Place Tavant, stated she questions this ordinance and does not understand with all the people who volunteer in the City why the City is making the effort to have an ordinance to allow someone who does not live in the City to serve on one of the City Boards. Ms. Finst stated she would expect the Commission to be looking for people who attend the City Commission Meetings, who understand what is happening in the City, and who understand how the Boards operate. Ms. Finst stated to open up our City to people who do not pay taxes and who are only employed here seems truly unusual. There being no one else who wished to address the Commission, the Public Hearing was closed. Discussion by the Commission followed. Mr. Levinson stated at the last meeting he expressed concerns with an employee who was not in a position of responsibility on behalf of the business who could make decisions for the business because he thought this at least made some sense if it were a public company or private company. Mr. Levinson stated he received numerous calls regarding this and stated he does have concerns with an employee who is not in an official position and expressed concerns with this being a perception issue. Mayor Schmidt stated that over the years with certain positions on Boards the City has had a tremendous amount of difficulty finding people to serve on these Boards because either they do not live in the City or they do not own a business in the City. Mayor Schmidt feels the people who spoke this evening on this ordinance and directed their comments to the person he nominated to the Charter Revision Committee owe him an apology. Mayor Schmidt commented that just the fact that someone may not know him does not mean that he is not involved in this community and feels he should not be criticized for choosing not to live in the -19- 06/05/01 City. Mayor Schmidt stated one reason this particular person was nominated to the Charter Revision Committee was because he wanted someone that he knew that would be independent. Mrs. Archer stated she had a great deal of difficulty trying to find a qualified applicant for the Pension Board. Mrs. Archer stated she was able to find two very qualified people but because they held officer/management positions but were not owners of the company they could not serve. She stated this is a problem that comes up on a day-to-day working basis in the City. Mrs. Archer stated there are some excellent people who are very concerned about what goes on in the City and have some excellent input to give in their particular expertise. However, because they do not live in the City or own a business in the City that cannot serve on a City Board. Mr. Perlman stated that Pat Warren, Executive Assistant/Board Liaison, works very hard to recruit people for the Boards and also enlists the Commission to do the same. Mr. Perlman is gratified to see that there is an interest in various Boards. Mr. Perlman stated he agrees with Mr. Bennett's philosophy, however, he is disturbed by the tone because he does not feel that anyone has been desultory or lazy as far as trying to get people to serve on the various Boards. Mr. Perlman stated as a liaison for the Education Board, he is glad that we have a line up for the Education Board. Mr. Perlman reiterated comments expressed by Mr. Levinson regarding other language in the ordinance and feels the ordinance should reflect an employee in a supervisor position not necessarily an employee. Furthermore, Mr. Perlman stated he has a problem with someone from outside the City coming in and making policy recommendations. Mrs. Archer stated she is in favor of this particular ordinance change but reiterated that she would like to see it indicated wording to read: "and/or an officer, manager, or director of a company" rather than just an "employee". The City Attorney suggested that the Commission bring this ordinance back for a Second Reading/Second Public Hearing on June 19th and treat this ordinance as a First Public Hearing. The City Attorney recommended that the new ordinance reflect the change to read: "and/or an officer, manager, or director employed within the City". Mrs. Archer moved to approve to bring this ordinance back as a new ordinance on Second Reading/Second Public Hearing reflecting the following change "and/or an officer, manager, or director employed within the City", seconded by Mr. Levinson. Ms. McCarthy stated she feels this is a reasonable compromise. However, she stated her perception is different and believes there are people who are employed in the City who spend more hours in the City working then they do at home. There are other people who live in other cities who have their children in the school system and work in the City as well. Ms. McCarthy feels these people have a strong vested interest in what goes on in the City but as a compromise would accept the amendment change to the ordinance. Ms. McCarthy stated a person who is currently employed in the City and would like to start a business in the City would have to be told they are not qualified to serve on a -20- 06/05/01 Board because their business is not in place yet. Ms. McCarthy emphasized she wanted to bring this to everyone's attention so that when this is reviewed again, that component is actually put into place. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:25 p.m. the Commission reopened Item ll.B., Comments and Inquiries on Non-Agenda Items from the Public. ll.B.5. Henry Williams~ 310 N.W. 3ra Avenue, asked the Commission to explain the membership qualifications/requirements for the Boards and Committees. ll.B.6. Alice Finst~ 707 Place Tavant, stated it is very difficult to hear the Commission speaking. She stated that either the Commission is not speaking directly into the microphones or the City needs a new sound system. Secondly, Ms. Finst suggested that there be some sort of display for presentations and stated the easel is working its way out the exit door. Ms. Finst stated she has witnessed this at other forums where plans are presented and she feels it is embarrassing to have to get out of your seat and walk around in the middle of a meeting to see what is going on. The City Manager stated he would have to speak to other forums. However, for City Commission meetings, the City Manager stated staff is supposed to direct anyone that is making a presentation to use PowerPoint or some other means that can be projected on the screen. Ms. Finst inquired about the budget hearing presentations and inquired when the Department Heads or Committees will be giving their presentations because there are a lot of concerns people have regarding items that have not been included in the budget in previous years. Ms. Finst suggested that there be a Code Enforcement Officer available on the weekends. Ms. Finst stated when our parks are most active the City does not have a full working staff for cleanup, maintenance, care, and supervisor in the parks. She stated she has discussed this with Joe Weldon, Director of Parks and Recreation, and stated even with some creative shuffling the funds are not available to pay staff overtime. Ms. Finst stated there is just not enough staff, money, or time to do what has to be done. Ms. Finst stated if the City does not have any Workshop Meetings planned, then she would like to see this input put in that the City needs additional funds for full time code enforcement on the weekend and for the Parks and Recreation Department. Mr. Perlman stated the City did hold some Workshop Meetings last year. Per the direction of the City Commission, staff held workshop meetings early enough in the process to make some changes and Mr. Perlman stated he would image the City would do this again. Mayor Schmidt noted the City held a few special presentations but only a few people attended. -21- 06/05/01 Ms. Finst stated there are some input meetings being held through the Parks and Recreation Department and suggested that the City put out advertising at those meetings because people could then give ideas on how they would like money spent on recreation activities. ll.B.7. Mr. O'Clark~ President of Atlantic Park Gardens Homeowners' Association, thanked the Commission for approving the grant for the community improvement of the area where he lives. Mr. O' Clark inquired about the Alexander House located at 45 S.W. 13th Avenue and suggested the house be demolished because he feels the house is an eyesore. Secondly, with regard to the absentee owners, Mr. O'Clark asked if the City has a program where an apartment could be converted into a single family home in an effort to help get rid of the absentee owners and eliminate the drug problem. With regard to the single family homes being placed on vacant lots, Mr. O'Clark suggested the City consider replacing some more single family homes on 13th Avenue and 14th Avenue in addition to l0th and 12th Avenue. He feels this would not only help with the drug problem but would also help improve the appearance of the neighborhood. Lastly, Mr. O'Clark stated the Police have responded very well and thanked the Police Department for the signs. He asked that the Police force start focusing on the buyers instead of the drug dealers. Mr. O'Clark stated if there is something that can be done to help eliminate most of the people buying, that would probably help the dealers from going into the neighborhoods. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager. With regard to expanding our trees in the City and getting free seedlings, the City Manager stated the City has an "Adopt a Tree" Program that allows neighborhoods to apply for trees to be planted along their streets. The trees are typically 8 feet in height at the time of installation. The City Manager explained Winston Hudson, Neighborhood Program Specialist, coordinates this. Neighborhoods need to get support of at least half of the residents on a given street and those residents have to agree to adopt the trees and ensure that the trees are properly maintained. Seedlings would be difficult to get established in a right-of-way since there is no protection from lawn mowers. In response to a previous comment made by Commissioner Levinson regarding Arbor Day, the City Manager stated one of the things the City has to do in order to be considered a "Tree City" is have Arbor Day celebrations which has not been done in the last three years. Nancy Davila, City Horticulturist, and Jennifer Buce, Recycling Coordinator, work with the schools and are involved with Earth Day celebrations where all sorts of growing things (including trees) are given to the children to take home to plant. They have discussed reinstating the Arbor Day Program through the schools hopefully in January 2002. The City Manager stated -22- 06/05/01 this is really the only item the City needs to get back in gear in order to be eligible for the "Tree City" award again. With regard to a concern expressed by Ms. Finst regarding the area behind the Palm Beach County Administrative Complex next to the Tri-Rail Station on Congress Avenue that has the remains of an old abandoned backstop and what appears to have been a walking trail, the City Manager stated this is part of the property the County purchased for the Administrative Complex. This property is not under the jurisdiction of the County Parks and Recreation, but has been made available to the consultant working on the master plan so they can review it and consider it in their planning. With regard to Ms. Alford's previous comments regarding the protected left turn signal for N.W. 12th Avenue and Atlantic Avenue, the City Manager stated the City requested Florida Department of Transportation (FDOT) to consider installing a protected left turn signal at this intersection in May 1997, October 1999, and March 2001. In 1997, the City Manager stated the City also requested that N.W. l0th Avenue and N.W. 8th Avenue as well as N.W. 12th Avenue. The City's requests were denied both in 1997 and 1999 based on FDOT warrant studies and we have not received any official response to the March 7, 2001 request. The City Manager stated the City will follow up and try to do the things Ms. Alford suggested as far as seeing if we can have a City staff person there when FDOT is doing some of their counts. In response to a previous comment from Mr. Burns regarding the sidewalk Caf6s in the downtown area, the City Manager stated all restaurants are required to have their outside dining areas approved by the City annually. The City Manager stated the City started installing markers in the brick sidewalk that delineates the approved area. Code Enforcement staff can easily address non-compliance matters during a regular business day. Most of the problems encountered are encroachment in the required five-foot clear pedestrian walkway. The markers were installed to make it easier for police to respond to citizen complaints during the evenings and weekends. The Code Enforcement Division has implemented a random evening and weekend inspection strategy as of May 1st to address this problem and the City is enforcing a zero tolerance policy during these inspections. This past week the City staff removed tables, chairs, and planters from the Cheeburger Cheeburger Restaurant after the owner refused to cooperate. Additionally, staff is addressing problems associated with temporary sandwich signs as well as the owners' responsibility to clean up the sidewalk. Most restaurant owners will comply at the time of a visit made by Code Enforcement staff. However, there are a few owners that choose to ignoring the rules and these are being worked on. On a more personal note, the City Manager announced that his youngest son is in Katmandu and stated he is learning more about Nepal politics then he ever cared to know. The City Manager stated his son is expected to return home next Wednesday. 13.B. City Attorney. The City Attorney had no comments and inquiries on non-agenda items. -23- 06/05/01 13.C. 13.C.1. City Commission. Commissioner Archer Mrs. Archer announced that after the Commission Meeting of June 19th, she will be leaving for vacation and will not return until July sth. 13.C.2. Commissioner Perlman Mr. Perlman stated the Downtown Charrette Steering Committee held a meeting last evening regarding the MacArthur Grant process and the consensus was the Steering Committee would continue on and drive the process. Mr. Perlman suggested moving quickly on design guidelines and codes so that we do not loose any parcels and at the same time keep the spirit of the Charrette alive. Mr. Perlman commented that he is pleased to see that Spady Elementary School is an "A" school and feels this is a tremendous achievement. In addition, Mr. Perlman stated most of the schools in Delray did very well in the FCAT. With regard to the vendors selling fruit along Lake Ida Road (west of Congress Avenue on the north side), Mr. Perlman stated one day while driving he witnessed someone in a car who veered off the road and cut-off everyone in order to get to a watermelon stand. He emphasized that this could be a hazard for people driving in this area. 13.C.3. Commissioner Levinson Mr. Levinson stated he was intrigued with the memo regarding the bus shelters and asked if the City is planning to do anything with the $1,000,000 that is available in the pot? Mr. Perlman stated he and Diane Dominguez, CRA Director, went to a meeting last week and people from Palm Tran were there and they are willing to work with cities on ad free bus shelters. Mr. Levinson inquired about the status of the Police Chief's situation and asked about any process that the City Manager intends to utilize with regard to selections? In response, the City Manager stated he has discussed the position with all the Captains and needs to discuss this with Major Schroeder. With regard to the airport meeting, Mr. Levinson asked if Mr. Schwartz reported back any information? In response, Mayor Schmidt stated he did hear back from Mr. Schwartz and it is an ad hoc group they would like the City to join to lend support. Mayor Schmidt stated the focus of that meeting was the appointments that the City Commission was going to make to the airport authority and did not really get into noise issue or the Part 150 Study. Mr. Levinson commented that he is still getting calls regarding this issue and it appears that Tropic Isle seems to directly in the flight path. -24- 06/05/01 With regard to the Boards and maybe getting input from staff, Mr. Levinson asked if there is anything the Commission should be reviewing in regards to the frequency, time of day, or scope of work? The City Manager stated there is nothing for the Commission to review yet. Mr. Levinson announced that he would be out of town from June 22nd through July 15th. 13.C.4. Commissioner McCarthy With regard to Mr. Levinson's comments, Ms. McCarthy asked if the applications are completed so that the City can take advantage of the opportunity of the $1,000,000 that is available? In response, the City Manager stated the City had identified where there is a need for bus shelters and will make every attempt to go after the money. 13.C.5. Mayor Schmidt Mayor Schmidt announced that he would not be attending the Workshop Meeting next week because he will be in Japan and stated he is looking forward to the trip. Secondly, Mayor Schmidt stated June 25, 2001 is Delray Beach night at the Florida Marlins stadium. He announced there will be a bus going down to the game with the cost being $15.00 per person and if anyone is interested in attending then they must inform the Parks and Recreation Department. There being no further business, Mayor Schmidt declared the meeting adjourned at 8:00 p.m. Acting City Clerk ATTEST: 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 June 5, 2001, which minutes were formally approved and adopted by the City Commission on -25- 06/05/01 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. -26- 06/05/01 With regard to the Boards and maybe getting input fi.om staff, Mr. Levinson asked if there is anything the Commission should be reviewing in regards to the frequency, time of day, or scope of work? The City Manager stated there is nothing for the Commission to review yet. July 15th. Mr. Levinson announced that he would be out of town fi.om June 22nd through 13.C.4. Commissioner McCarthy With regard to Mr. Levinson's comments, Ms. McCarthy asked if the applications are completed so that the City can take advantage of the opportunity of the $1,000,000 that is available? In response, the City Manager stated the City had identified where there is a need for bus shelters and will make every attempt to go aRer the money. 13.C.5. Mayor Schmidt Mayor Schmidt announced that he would not be attending the Workshop Meeting next week because he will be in Japan and stated he is looking forward to the trip. Secondly, Mayor Schmidt stated June 25, 2001 is Delray Beach night at the Florida Marlins stadium. He announced there will be a bus going down to the game with the cost being $15.00 per person and if anyone is interested in attending then they must inform the Parks and Recreation Department. at 8:00 p.m. There being no further business, Mayor Schmidt declared the meeting adjourned Acting City Clerk ATTEST: 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 Jun~ 5,. 2001, which minutes were formally approved and adopted by the City Commission on -25- 06105/01 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. -26- 06/05/01 PROD Progressive Residents of Dclray P.O. Box r3ox DelrayBcach, FL/~. ~.7 June 5, 2001 TO THE MAYOR AND COMMISSIONERS OF DELRAY BEACH: In the near future, the terms of several CRA Commissioners will expire. Given that the CRA is now emphasizing the priority of action in an area that has seen little redevelopment activity until now, PROD feels that it is appropriate and desirable to re-examine the policy of automatically reappointing incumbent CRA Commissioners to second four-year terms. This policy allows an individual to continue on the CRA even beyond the period of service of the City Commissioner who appointed him or her and who has twice won reelection. A single four-year term is already the equivalent of two full terms on most of the City's other Boards and exceeds the term of service on all except two or three other City Boards. To recommend henceforth limiting CRA Commissioners ~to a single four-year term, is in no way to suggest that the performance ,of our present Commissioners has been anything less than praiseworthy. Indeed, we are mindful of the many valuable contributions made by incumbent Commissioners. Nonetheless, as we move into a new phase of redeveloping the City, we should make room for new ideas and new faces. The process will certainly operate more smoothly if future appointments to the CRA provide greater representation of the populace most directly affected by the redevelopment efforts, although that should not be the sole source of appointments.