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08-07-01AUGUST 7~ 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, August 7, 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 - Robert A. Barcinski, Assistant City Manager City Manager David T. Harden (arrived 7:00 p.m.) City Attorney Susan A. Ruby City Clerk Barbara Garito o Reverend Richard Evans with Abbey Delray South delivered the opening prayer. o The Pledge of Allegiance to the flag of the United States of America was given. o AGENDA APPROVAL. Mr. Levinson requested that Item 8.C., Contract Renewal/Software House International be moved to the Regular Agenda as Item 9.A. Mayor Schmidt noted that the Commission received a letter from the SPRAB Board regarding the Board appointments made at the last meeting and asked if the Commission would like to make a motion for reconsideration of this item. There being none, Mayor Schmidt asked that there be a motion to approve the Agenda as amended. Mrs. Archer moved to approve the Agenda as amended, 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. APPROVAL OF MINUTES: Mrs. Archer moved to approve the Minutes of the Regular Meeting of July 24, 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 - -1- 08/07/01 Yes. Said motion passed with a 5 to 0 vote. PROCLAMATIONS: OF NOTE: 6.8. Literacy Awareness Month - September 2001 Make A Difference Day - October 27, 2001 PRESENTATIONS: 7.A. Presentation by Perry DonFrancisco - Delray Citizens for Delray Police 15th Annual Scholarship Awards presented to -Sean Flynm Daniel Flynm Alyson Lunsford, Charles Jeroloman, Dawn Licata, and Scott Bradley Perry DonFrancisco, President of Delray Citizens for Delray Police, thanked the Commission, Mayor Schmidt, and staff for allowing him to present the 15th Annual Scholarship Award to the children of Delray Beach Police Officers. At this point, Mr. DonFrancisco introduced Dr. Andre Fladell, co-founder of the Delray Citizens for Delray Police. Dr. Fladell stated around 1980-81 a group of people and he started an organization called "Broken Star". This was formed in memory of an officer at the Palm Beach County Sheriff's Office who was shot while on duty. Dr. Fladell stated they raise money for the purpose of supporting the families of Sheriff' s Deputies. Approximately three years later, Dr. Fladell and Mr. DonFrancisco met and discussed how they could have a similar program for the municipalities, particular Delray Beach. Mr. DonFrancisco presented six scholarship awards to the following recipients: · Scott Bradley · Daniel Flynn · SeanFlynn · Charles Jeroloman · Dawn Licata · Alyson Lunsford For the benefit of the public, Mr. DonFrancisco stated the Delray Beach Citizens for Delray Police has given out a total amount of $3,000 in scholarships; $500 per individual. CONSENT AGENDA: City Manager Recommends Approval. 8oao AUTHORIZATION TO PROCEED/BEACH RENOURISHMENT PROJECT (COASTAL PLANNING & ENGINEERING, INC.): Approve the authorization to proceed with the final design and construction phases of the 4th Beach Renourishment Project, at a cost not to exceed $270,240. The entire cost will be reimbursed from Federal, State and County appropriations. -2- 08/07/01 8.B. FINAL PLAT APPROVAL/BERMUDA GARDENS PLAT NO. 1: Approve the subdivision plat for Bermuda Gardens Plat No. 1, a proposed two (2) lot residential subdivision on the south side of Bermuda Gardens Road. 8oCo THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A. 8.D. REJECTION OF BID/POLICE UNIFORMS: Approve the rejection of all bids received for Bid #2001-20 and authorize staff to re-bid this contract for the purchase of uniforms for the Police Department. 8oto RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Ratify the various actions approved by the South Central Regional Wastewater Treatment and Disposal Board at the Quarterly Annual Meeting of July 19, 2001. 8oFo REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period July 23, 2001 through August 3,2001. 8oGo AWARD OF BIDS AND CONTRACTS: Purchase award to Don Reid Ford, Inc., in the amount of $246,150.00 for ten (10) 2001 Crown Victoria Police Patrol Vehicles via the Pembroke Pines Contract #PSPW00-05. Funding is available from 501-0000-248- 21.00 (Reserve for Capital Purchases) Mr. Perlman moved to approve the Consent Agenda as amended, 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: 9oao CONTRACT RENEWAL/SOFTWARE HOUSE INTERNATIONAL: Approve the contract renewal with Software House International for the Microsoft Enterprise Software License in the total amount of $584,200. Funding is available for the first year from 334-6112-519-66.10 (Repair & Replacement Software) for $74,625 and 442-5178-536- 66.10(Water/Sewer Repair & Replacement Software) for $74,625. Mr. Levinson asked for clarification whether or not this is based on 500 workstations? In response, Joseph Safford, Finance Director, stated each Police officer has a laptop computer in their vehicle, and in addition to that there are 250-300 units within the City and another 200 units within the Police Department. -3- 08/07/01 Secondly, Mr. Levinson asked if there are alternate ways that the City can obtain the license without paying the current fee? In response, Mr. Safford stated this enterprise plan is designed to be the most cost-effective alternative. Mr. Safford explained that the City has centralized management of our PC's in the City. For example, the City has a centralized management server located in the MIS Department and we deploy the software to those individual PC's from that central point. Therefore, Mr. Safford stated the City uses one standard product, which is Microsoft. In addition, Mr. Safford stated he feels this is a very reasonable cost efficient item. Mr. Levinson asked Mr. Safford if other cities are also using the Microsoft Enterprise Software Agreement? In response, Mr. Safford stated if some of the other cities have the same amount of equipment that the City of Delray Beach is using, then they are using the Enterprise Agreement. Mr. Perlman asked Mr. Safford if Microsoft is the only company in town that can accommodate the City? In response, Mr. Safford stated that because of the integration of all the systems, they are all inter-related and they impact each other. Mr. Safford noted that Microsoft is the only reliable company in town for people that have emergency services and high-end office services. Mr. Levinson inquired how will this affect Microsoft Office XP? In response, Mr. Safford stated the City has a choice and can either install Microsoft Office 2000 or Microsoft Office XP. Mr. Safford stated by paying for the Enterprise License Agreement, this would include any upgrades the City is eligible for and it would also insure the City against any type of charges of not having proper licenses. Mr. Levinson moved to approve the contract renewal with Software House International for the Microsoft Enterprise Software License in the total amount of $584,200, 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 Commission moved to Item 6, Proclamations. o PROCLAMATIONS: 6.A. Recognizing and commending Tommie L. Osborn for his exemplary representation of the City of Delray Beach and it's Fire-Rescue Department in the FireFighter's Olympics Mayor Schmidt read and presented a proclamation to Tommie L. Osborn. Kerry Koen, Fire Chief, stated that Tommie is not only a leader when it comes to athletic competitions but is also a leader in the Fire Department. Chief Koen stated that most recently in the area of recruitment and selection process, Tommie sat on the interview panel and made sure that the City was looking at the right qualities for people when they were being -4- 08/07/01 considered for employment positions. Chief Koen stated on a day-to-day basis, Tommie sets a tone for the department and its members by his conditioning and commitment to personal health and excellence and is very proud of him. Tommie L. Osborn came forward to accept the proclamation and stated it has been a pleasure to represent Delray Beach and will continue to as long as he can. 9ogo LICENSE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH, BUCKY DENT BASEBALL SCHOOL AND SUNSHINE CHARTER SCHOOL, INC.: Consider approval of the License Agreement between the City of Delray Beach, Bucky Dent Baseball School, Inc., and the Sunshine Charter School, Inc. for the temporary use of the baseball school's facilities for the Cultural Arts Institute of Boca Raton Charter School from August 13, 2001 through November 1, 2001. Robert A. Barcinski, Assistant City Manager, stated this request originated with the baseball school. This is an opportunity to allow Sunshine Charter School to utilize the use of the baseball school facilities on a temporary basis. The Bucky Dent Baseball School, Inc. license with the City requires City Commission approval for any sublease. This request is through November 1st. However, Mr. Barcinski stated the license is written through December 2001. Mrs. Archer moved to approve the License Agreement between the City of Delray Beach, the Bucky Dent Baseball School, Inc. and the Sunshine Charter School, Inc., 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. 9.C. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN (FY 2001-2002): Consider approval of the Community Development Block Grant (CDBG) Annual Action Plan required by the Housing & Urban Development (HUD) Department of the United States for utilization of grant funds. Lula Butler, Director of Community Improvement, stated this item is before the Commission to consider the adoption approval of the Community Development Block Grant (CDBG) Annual Action Plan required prior to staff submitting the document to Housing & Urban Development (HUD) which is due by August 15, 2001. Ms. Butler stated staff advertised to hold a public input meeting at Pompey Park during the month of June and the meeting was sparsely attended. Ms. Butler stated that normally the public input meetings generate between 30-50 people. At the meeting held on June 28, 2001, only four people attended the meeting but Ms. Butler stated this could mean that people are satisfied with the direction in which staff is going. Ms. Butler stated last year staff listened to citizen input and they asked that the City get a little more involved in economic development activities. Ms. Butler stated this is represented in the proposed budget this year as it relates to the YATC Program, Facade Programs for West Atlantic Avenue, and the County Resource Center where the City proposed to send businesses to help develop business plans. Ms. Butler stated one customer was sent through the -5- 08/07/01 process this year and staff is pleased with the service. With regard to other parts of the grants, Ms. Butler reported that staff is administering $1.5 million this year from various sources. Ms. Butler explained this requirement for the public meeting is related to the Community Block Grant (CDBG) dollars which is $651,000 for this fiscal year. The City is funding traditional activities of health and rehab along with sub-recipients that the City has had long-term partnerships with and who are still performing well. Discussion by the Commission ensued. Ms. McCarthy commented that in reviewing the introduction in some areas she saw that the City was targeted to subsidize very low, low, and moderate-income families and households. In other areas, Ms. McCarthy stated low and moderate were listed but "very low" was omitted especially at the end of the line where it reads "provision for subsidized child care services". She suggested that staff make a change to add the additional wording "very low". With regard to the Palm Beach County Resource Center, Mayor Schmidt asked how does this center differ from the TED Center? In response, Ms. Butler stated the TED Center does provide a level of services for developing business plans and the Palm Beach County Resource Center is structured to develop a plan plus take them through to get their business loans. With regard to the public housing element of the plan, Mr. Perlman stated he feels the plan is great and very comprehensive. Mr. Perlman asked what is being done for people who are in subsidized housing to transition themselves out to self-sufficiency and home ownership? In response, Ms. Butler explained their Family Self-Sufficiency Program is designed around this concept. She stated as their income increases those dollars are placed into an escrow account and they accumulated where they go through education courses and their rent is fixed so they do not pay the excess difference. Ms. Butler stated they do an education component as well as training them to become homeowners. The basic tenant who goes through the process takes anywhere between 3-5 years to get them ready for home ownership. Ms. McCarthy moved to approve the Community Development Block Grant (CDBG) Annual Action Plan required by HUD to address the needs identified by the target area residents with the suggested change to add the additional wording "very low", 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 $chmidt - Yes. Said motion passed with a 5 to 0 vote. 9oDo CONTRACT AWARDS/GOLF COURSES SOFTWARE & HARDWARE: Consider approval of computer software and hardware upgrades for both golf courses in the amount of $56,076.00. Award of $22,525 to Computer Golf Software, $30,351 for hardware purchases under State Contract, and $3,200 for independent contract for installation. Funding is available from 445-4761-572-64.11 (Computer Equipment). Robert A. Barcinski, Assistant City Manager, stated staff has been working with the golf course looking to upgrade their software and hardware system to integrate with the -6- 08/07/01 City's system. The package includes point of service software for both courses, hardware for both courses which includes bar coding equipment and Internet conversion equipment, installation and training costs, and annual support costs. The most critical element of the recommendation is the point of sale software and hardware. The current system is ten years old and the company who developed it has gone out of business. It is critical that this system be installed and running by October 1, 2001. Joe Safford, Finance Director, stated the only change he would like to add in tonight's presentation is staff is still investigating direct access of the golf course. Mr. Safford stated a company came in and did a wireless survey to see if we could connect the golf course to City Hall through wireless. In addition, Mr. Safford stated staff looked into Digital Subscriber Lines (DSL) which is basically the Telephone Company. Mr. Safford stated the wireless has to be site to site unless a tower is being built. He further explained that a wireless option is cost prohibited and to connect Lakeview and the Municipal Golf Course would cost between $40,000-$50,000 because each of them would need to have a tower. With regard to the DSL line from Bell South, Mr. Safford stated these lines run sporadic throughout the City. For example, Lakeview does not have DSL compatibility yet but the main golf course does. Fire Station #3 & #4 does not have DSL compatibility yet but Fire Station #5 does. Mr. Safford stated staff is recommending connecting the main golf course by DSL line adding approximately $5,000 as is a one-time cost in addition to the $56,076. Therefore, Mr. Safford stated the total cost of the package would be $61,076 including the direct access line. Mr. Barcinski stated this would be the maximum amount because staff is still reviewing the tee time system. Mr. Safford stated staff is asking for pricing of a complete package quoted to the City by the software companies. However, Mr. Safford stated tee time may not be implemented at this time. Mr. Safford stated this may or may not resolve the customer-waiting problem that currently exists when calling in for a tee time, therefore staff needs to further analyze the problem by conducting surveys. Amanda Solomon, Telecommunications Systems Manager, stated with regard to the tee time system, staff would like to make sure that all the customers get the same equal service. Ms. Solomon stated City staff spoke with Okeehelee Golf Course and City of Boca Raton Golf Course who currently use this system. In addition, they also use an Automated Attendant System which gives those customers the option to either go to the voice response system or to a person sitting at a desk that can give them the same opportunity. Ms. Solomon stated staff is looking to add the Automated Attendant System. Mayor Schmidt inquired about the cost for the Automatic Attendant System. Ms. Solomon stated the estimated cost for the automatic attendant system is $12,000 and the money is available from the current fiscal year. Mr. Safford emphasized that this money is coming out of the current fiscal year Project Reserve Account of the Golf Course. Mr. Safford explained it is imperative that the point of sale software be installed and running by October 1, 2001. Secondly, there have been some severe lightning hits at the golf course and the City has had to put in UPS systems to protect the hardware from destruction. Mr. Safford stated this money is available in the current year budget which also includes training for the employees. -7- 08/07/01 Mrs. Archer moved to approve the computer software and hardware upgrades for both golf courses in the amount of $61,076 as amended to include the Digital Subscriber Lines (DSL), 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. 9.E. LICENSE AGREEMENT/FLORIDA TELEPORT INC.: Consider approval of a License Agreement with Florida Teleport Inc. (FTI) in order to accommodate the landing of undersea cable and use of City infrastructure for placement of cable. The term of the agreement is for fifty (50) years with five renewal periods of twenty (20) years each. It was the consensus of the Commission to postpone this item to the August 14th Workshop Agenda as a special item. 9.F. RESOLUTION NO. 48-01: Consider approval of Resolution No. 48-01 supporting the Elder Ready Community Program in Delray Beach. The City Manager presented Resolution No. 48-01: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE ELDER READY COMMUNITY PROGRAM. (The official copy of Resolution No. 48-01 is on file in the City Clerk's office.) Mr. Perlman moved to approve Resolution No. 48-01 supporting the Elder Ready Community Program in Delray Beach, 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. 0.G. CONTRACT AWARD TO REPUBLIC CONSTRUCTION & DEVELOPMENT CORPORATION/MERRITT PARK RESTROOM FACILITY: Consider approval of a contract award to second lowest bidder, Republic Construction in the amount of $76,977.00 for the Merritt Park Restroom Facility. Funding is available from 118- 1965-554-63.40 ($29,890.00) Community Improvement/Recreation Improvements, and from 334-611-572-62.10 ($47,110.00), General Construction/Buildings. Joe Weldon, Director of Parks and Recreation, stated this is a request to replace the restrooms at Merritt Park. The apparent low bidder, Newport Building Inc., did not submit a bid bond. Therefore, staff is recommending the bid to the second low bidder Republic Construction and Development Corporation in the amount of $76,977.00. Dick Hasko, Director of Environmental Services, stated normally this would be a Consent Agenda item but since the low bidder was technically non-responsive, staff is recommending that the bid award go to the second lowest bidder. Mr. Hasko explained that -8- 08/07/01 there was an irregularity in the bid with the absence of the bid bond and the City has done successful projects in the past with the second lowest bidder. Ms. McCarthy inquired about the bid bond process. Mr. Hasko stated the City's standard documentation requires a bid bond to be a part of the submittal package at the submittal deadline when bids are open. Mr. Levinson also commented about the bid bond process and suggested that staff look at changing the specifications for bid bonds. He stated typically you do not provide the bid bond at the time of bid, but provide the bid bond if you are successful within a reasonable time period. Mr. Levinson stated there is no sense for someone submitting a bid to spend the money for a bid bond unless they are the successful bidder. Mr. Hasko stated staff is essentially following the City's standard documentation in purchasing procedures. However, Mr. Hasko stated staff could review those procedures as they relate to that context. Mr. Perlman moved to approve the bid award to Republic Construction & Development Corporation (second lowest bidder) for the Merritt Park Restroom Facility in the amount of $76,977.00, 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. CONTRACT AWARD TO RPM GENERAL CONTRACTORS, INC./ESD & PD INTERIOR MODIFICATIONS: Consider approval of a contract award to second lowest bidder, RPM Contractors, Inc. in the amount of $54,841.00 for the ESD and PD Interior Modifications. Funding is available from 441-5123-536-34.90 ($30,015.00), W&S/Other Contractual Services, 0015-2115-521-46.10 ($13,982.00), Police/Building Maintenance, and 115-2111-521-49.90 ($10,844.00) Police Reserves. Dick Hasko, Director of Environmental Services, stated this is a similar situation as the previous contract award. Ms. McCarthy asked why would a company go through the trouble of gathering together a bid and then does not give a bid bond? In response, Mr. Hasko stated it could be an oversight on the contractor's part. Mr. Hasko stated that for the last ten years he has been with the City this has been a requirement in the bidding process for every project. Ms. McCarthy stated there are many people who have not been doing business with the City for many years and feels someone should have asked them why they went through all the trouble of submitting a bid but did not include the bid bond. With regard to the smaller contracts, Mayor Schmidt asked if the City holds a pre- bid conference for the potential bidders? In response, Mr. Hasko stated the City typically does this for the larger contracts for example the bond projects. Mr. Hasko stated he does not know -9- 08/07/01 for certain whether this process was done for this bid award and he would have to review the advertisement. Mr. Levinson stated he feels pre-bid conferences are very valuable. Mr. Perlman commented with this particular bid there were additional problems other than the bid bond. Mr. Perlman stated there were proposal pages that were also not completed and asked Mr. Hasko if the staff has had any experience with New Hope Construction? In response, Mr. Hasko stated to his knowledge the City has no experience with New Hope Construction. Mr. Hasko stated staff has worked with RPM General Contractor, Inc. in the past and has a good relationship with them. Mr. Perlman moved to approve the bid award to RPM General Contractor, Inc. for the Environmental Services and Police Department's interior modifications in the amount of $54,841.00 (second lowest bidder) seconded by Mr. Levinson. 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. 9oio FLORIDA LEAGUE OF CITIES ANNUAL CONFERENCE/PROPOSED AMENDMENTS TO LEAGUE'S BY-LAWS: Designate a voting delegate to cast votes on behalf of Delray Beach at the special business session of the Florida League of Cities Annual Conference to consider proposed By-laws changes. The Florida League of Cities will hold a special business session on Friday, August 24, 2001 at 7:30 a.m. The sole purpose of this meeting is to consider proposed By-laws. Mayor Schmidt stated he received the proposed amendments to the Florida League of Cities By-laws and noted that there are some changes being made with regard to how the Board will be made up and also changes with regard to nominations. Mrs. Archer moved to appoint Mayor Schmidt as a voting delegate to cast votes on behalf of Delray Beach at the special business session of the Florida League of Cities Annual Conference to consider proposed By-laws changes, 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.J. APPOINTMENTS TO PLANNING & ZONING BOARD: Appoint three (3) regular members to the Planning and Zoning Board with two-year terms ending August 31, 2003. Appointments will be made by Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4) and Mayor Schmidt (Seat #5). Mr. Levinson moved to appoint Joseph Pike as a regular member to the Planning and Zoning Board for a two-year term ending August 31, 2003, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor $chmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. -10- 08/07/01 Ms. McCarthy moved to appoint Thuy Shutt as a regular member to the Planning and Zoning Board for a two-year term ending August 31, 2003, 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. Mayor Schmidt moved to reappoint Elaine Morris (incumbent) as a regular member to the Planning and Zoning Board for a two-year term ending August 31, 2003, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 12. FIRST READINGS: NONE. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 41-01 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending Land Development Regulations Appendix "A" and Section 4.3.3 adding a definition and special regulations regarding 24-hour or late night businesses and listing 24-hour or late night businesses as a conditional use in certain non- residential zoning districts. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a second public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 41-01: 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 PROVIDE FOR A DEFINITION OF 24-HOUR OR LATE NIGHT BUSINESSES; AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES" BY ENACTING SUBSECTION 4.3.3(VV), "24-HOUR OR LATE NIGHT BUSINESSES", TO PROVIDE THAT 24-HOUR OR LATE NIGHT BUSINESSES LOCATED WITHIN 300 FEET OF A RESIDENTIALLY ZONED DISTRICT SHALL BE A CONDITIONAL USE AND SHALL COMPLY WITH SPECIFIED CONDITIONS, AND PROVIDING THAT EXISTING 24-HOUR OR LATE NIGHT BUSINESSES SHALL BE EXEMPT FROM COMPLIANCE WITH THE PROVISIONS -11- 08/07/01 REGARDING 24-HOUR OR LATE NIGHT BUSINESSES; BY AMENDING SECTION 4.4.9 "GENERAL COMMERCIAL (GC) DISTRICT" TO PROVIDE THAT 24-HOUR OR LATE NIGHT BUSINESSES ARE A CONDITIONAL USE; BY AMENDING SECTION 4.4.11 "NEIGHBORHOOD COMMERCIAL (NC) DISTRICT" TO PROVIDE THAT 24-HOUR OR LATE NIGHT BUSINESSES ARE A CONDITIONAL USE; BY AMENDING SECTION 4.4.12 "PLANNED COMMERCIAL (PC) DISTRICT" TO PROVIDE THAT 24-HOUR OR LATE NIGHT BUSINESSES ARE A CONDITIONAL USE; BY AMENDING SECTION 4.4.13 "CENTRAL BUSINESS (CBD) DISTRICT" TO PROVIDE THAT 24-HOUR OR LATE NIGHT BUSINESSES ARE A CONDITIONAL USE; BY AMENDING SECTION 4.4.14, "RESORT/TOURISM (RT) DISTRICT" TO PROVIDE THAT 24-HOUR OR LATE NIGHT BUSINESSES ARE A CONDITIONAL USE; BY AMENDING SECTION 4.4.15 "PLANNED OFFICE CENTER (POC) DISTRICT" TO PROVIDE THAT 24-HOUR OR LATE NIGHT BUSINESSES ARE A CONDITIONAL USE; BY AMENDING SECTION 4.4.24 "OLD SCHOOL SQUARE HISTORIC ARTS (OSSHAD) DISTRICT" TO PROVIDE THAT 24-HOUR OR LATE NIGHT BUSINESSES ARE A CONDITIONAL USE; BY AMENDING SECTION 4.4.28 "CENTRAL BUSiNESS-RAILROAD CORRIDOR (CBD-RC)" TO PROVIDE THAT 24-HOUR OR LATE NIGHT BUSINESSES ARE A CONDITIONAL USE; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 41-01 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. Henry Williams~ 310 N.W. 3ra Avenue~ expressed concern regarding the bid bond process and feels the Commission needs to review the process in greater detail. He feels smaller contractors do better work than some of the larger contractors. At this point, Mayor Schmidt informed Mr. Williams that this ordinance does not relate to the issue he is commenting on. Mr. Williams stated he lives approximately 1500 feet from the noise being generated from a particular business. He stated he can hear loud music being played when he is trying to sleep and does not understand how a particular business owner received permission to -12- 08/07/01 have noise reaching over 2,000 feet. He stated if the City is going to allow noise to extend to more than 300 feet going west, then it should be the same going east. Mr. Williams stated that the Commission needs to be careful when reviewing the amount of feet. Diane Dominguez~ CRA Director~ stated this ordinance went through a lot of compromise with various City staff and Board members. There was a sub-committee that was dealing with crime activity and some nuisances. Ms. Dominguez stated the committee tried to do the best they could to make the ordinance workable and address the main problems. Ms. Dominguez pointed out that the City already has a noise ordinance, which addresses noise. In some cases where a variance has been granted as with the property Mr. Williams is referring to, there are certain limitations. Ms. Dominguez stated the committee tried to come up with something that addressed the major problems and would allow staff to impose other conditions if need be. She encouraged the Commission to support this ordinance. There being no one else who wished to address the Commission regarding this issue, the public hearing was closed. Mr. Perlman commented that he feels this is a very strong ordinance and stated it gives the Commission the discretion to look at things on an individual basis. Mr. Perlman moved to adopt Ordinance No. 41-01 on Second and FINAL 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. Prior to the roll call, the following discussion ensued. Mrs. Archer stated she agrees with Mr. Williams and feels in some cases 300 feet may not be enough depending upon the type of business that is involved. However, Mrs. Archer stated that because this is a conditional use approval and the Commission has the option of adding other restrictions, she feels it is extremely important for the Commission to keep this in mind for any conditional use approvals for a 24-hour business. Mr. Levinson commented about the City's noise ordinance. With regard to West Atlantic Avenue, Mrs. Archer stated there is so much more residential so very close to the Atlantic Avenue Business District that she feels the Commission needs to be sensitive to this. 10.B. ORDINANCE NO. 40-01 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending Land Development Regulations Section 4.4.11(B)(3) to provide for business and professional offices as a permitted use in the NC (Neighborhood Commercial) zoning district, amending Section 4.4.11 (C)(2) to provide for refuse and service areas and by amending Section 4.4.1 i(H) to prohibit outdoor storage. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a second public hearing has been scheduled to be held at this time. -13- 08/07/01 The City Manager presented Ordinance No. 40-01: 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 CHAPTER FOUR, "ZONING REGULATIONS", SUBSECTION 4.4.11, "NEIGHBORHOOD COMMERCIAL (NC) DISTRICT", PARAGRAPH 4.4.11(B), "PRINCIPAL USES AND STRUCTURES PERMITTED", TO PROVIDE FOR BUSINESS AND PROFESSIONAL OFFICES; BY AMENDING PARAGRAPH 4.4.11(C) TO PROVIDE FOR REFUSE AND SERVICE AREAS; AND BY AMENDING PARAGRAPH 4.4.11(H), "SPECIAL REGULATIONS", TO PROHIBIT OUTDOOR STORAGE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 40-01 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 the last time this item was considered by the Commission a question was brought up regarding the equipment rental facility in the Neighborhood Commercial (NC) District. Mr. Dorling stated passage of this ordinance would make that a non-conforming use. However, Mr. Dorling stated this is a privately initiated petition and the petitioner has requested that the Commission approve. Mr. Dorling stated staff recommends approval to come back and modify the ordinance to allow equipment rental and display as a conditional use. There are some similar situations in the Neighborhood Commercial (NC) District with respect to the display of playground equipment and lawn furniture, which accommodates the "Hitching Post", located on West Atlantic Avenue. Staff is proposing to treat that similarly and add that as a conditional use but go forward with the amendment as it stands. Mayor Schmidt declared the public hearing open. Tony Keller~ Caribbean Blue Pools and Kellerco Constructiom Inc., introduced himself and stated he is available for any questions the Commission may have. There being no one else from the public who wished to address the Commission regarding this issue, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 40-01 on Second and FINAL Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. -14- 08/07/01 Perlman - Yes; Mrs. Archer - Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 42-01: An ordinance rezoning from R-1-A (Single Family Residential) to CF (Community Facilities) a parcel of land located on the west side of NW 4th Avenue, approximately 150 feet south ofNW 1st Street to accommodate an off-street parking lot associated with the Atlantic Grove Redevelopment project. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a second public hearing has been scheduled to be held at this time. Quasi-Judicial Hearing The City Manager presented Ordinance No. 42-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE WEST SIDE OF N.W. 4TM AVENUE, APPROXIMATELY 360' NORTH OF WEST ATLANTIC 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. 42-01 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 asked the Commission to disclose any ex parte contacts. No ex parte contacts were noted. 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. At this point, the City Attorney asked that if anyone would like to speak regarding the rezoning or the conditional use they would need to be sworn in by the City Clerk. Barbara Garito, City Clerk, swore in those individuals who wished to give testimony on this item. Paul Dorling, Planning Director, entered into the record the Planning and Zoning Department project file #2001-187, #2001-188, and #2001-206. -15- 08/07/01 Mr. Dorling explained that this rezoning involves a parcel of 0.23 acres, which currently contains a boarded-up single family home. The property is currently under contract for sale to Atlantic Grove Partners who will be developing the development for the CRA along Atlantic Avenue. The proposal is to construct a 24-space parking lot to be used by guests of residents and customers of businesses within the new development. Mr. Dorling stated in order to use the parcel for parking, the zoning change from the R-1-A (Single-Family Residential) designation must be accomplished. In addition, a privately owned parking lot is allowed in the CF (Community Facilities) zoning district as a conditional use, which is being processed concurrently with this request for rezoning. The Planning and Zoning Board held a public hearing on this item on July 16, 2001. No one from the public spoke other than the CRA Director who supported this project. After discussion, the Planning and Zoning Board recommended approval of both requests by a vote of 7-0. Diane Dominguez~ CRA Director~ stated this is part of the Atlantic Grove application and the property is under contract for the CRA to sell it to Atlantic Grove Partners for redevelopment. There is an existing house located on the property, which has historic significance. Ms. Dominguez stated it has not been decided about what will happen with this house. Several contractors have looked at the house who have stated that the home is in very poor condition and would need to be moved to accommodate this development. Ms. Dominguez stated the CRA has asked Mt. Olive Church to see if they had any interest in the house and they do not. Ms. Dominguez stated the property is basically needed for parking for the Atlantic Grove Development. Henry Williams~ 310 N.W. 3ra Avenue~ expressed concern over development and inquired as to why there is so much rezoning. Ms. Dominguez explained that the CRA worked with Mt. Olive Baptist Church and tried to come up with the right group of properties to use for this redevelopment project. Ms. Dominguez stated there are still discussions going on with Mt. Olive Baptist Church and it is a possibility that they may end up with this piece. This parcel is zoned R-1-A (Single Family Residential) and is surrounded by CF (Community Facilities) zoning. Ms. Dominguez stated church facilities to the east is zoned GC (General Commercial) and feels it does not make sense to have one lot sitting there surrounded by other development zoned for single family. Ms. Dominguez stated unless Mt. Olive were really able to use this house in conjunction with the church, it really does not make sense to have a house there to be surrounded by all the other uses. Ms. Dominguez feels the way things have changed in that area makes the zoning appropriate. Ms. Dominguez stated the CRA has not decided whether or not the house will be moved and they recognize that the house has historic significance. In terms of this lot, Ms. Dominguez reiterated that it makes sense that it either be used in conjunction with the Atlantic Grove Redevelopment Project or that it be used in conjunction with Mt. Olive Church and emphasized that the real need is to provide parking. -16- 08/07/01 Mr. Williams stated it bothers him to see the City tearing down all structures west of Swinton Avenue and while heading down Swinton Avenue the City instead chose to rebuild structures. He feels there will not be anything gained by the CRA putting a parking lot on this lot. Mr. Williams stated that no matter what race someone is they have a history and he does not feel the house should be torn down. There being no one else who, having been duly sworn, wished to address the Commission on the rezoning or the conditional use, the public hearing was closed. Mr. Levinson moved to adopt Ordinance No. 42-01 on Second and FINAL Reading, 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. Prior to the roll call, the following discussion ensued. Mr. Perlman stated there is call for redevelopment and a call for investment and the City needs to do certain things in order to facilitate that from happening. Mr. Perlman stated it is unfortunate that there is a house on the lot that has a degree of history that goes along with it. Mr. Perlman stated that he would like to see the house saved but at the same time recognizes sometimes these things cannot be saved because it is cost prohibited. With regard to public funds, Mr. Perlman stated it becomes a responsibility to spend those funds wisely. Mr. Perlman stated this is something that has to be balanced and does not think anyone would feel good if this house ended up under the bulldozer. Mr. Perlman suggested that the City look at the West Settlers District because there are a significant number of buildings that are in danger or in danger of being lost. Mr. Perlman stated as a community and in concert with the CRA, Mr. Perlman suggested that the City look at this district and do something now as preventative medicine because this house was allowed to get to this point and rot. Mr. Perlman stated it is difficult to justify an enormous amount of money to improve the conditions of the house. Ms. McCarthy asked if Mr. Williams was ever made aware of the fact that this house could have been purchased for a nominal fee if someone was willing to relocate it? In response, Ms. Dominguez stated those houses are available for free. In the past, Ms. Dominguez stated whatever it would cost to demolish the house, that money would be applied towards the move. Regardless of the rezoning, Ms. McCarthy asked if someone were to take on the obligation of moving this house to another lot, that they could and would need to contact the CRA? In response, Ms. Dominguez stated this would be allowed. Secondly, Ms. McCarthy stated in going to an association meeting of the NW Associations a concern was brought to her attention. Ms. McCarthy stated there are some people who own homes in the first block north and south of Atlantic Avenue and these people informed her they are being discouraged from using the City's rehabilitative dollars. Ms. McCarthy stated she hopes the City is not putting homeowners' in positions where a roof could be replaced at a very low interest loan that could be forgiven if they stay there over a ten-year duration. Ms. McCarthy stated she does not want to see the City participate in something like this that would cause people to end up loosing value in their homes where they have acquired ownership. At -17- 08/07/01 some point, Ms. McCarthy stated she would like an answer from the people who monitor the dollars for the City's special programs to help people maintain their pride in homeownership. Ms. Butler stated the City has always dealt with emergencies and re-roofs to insure that a person's house is maintained and that it does not deteriorate any further. Ms. Butler explained that if someone lives within that first 300 feet and their home is in one of the blocks the CRA is working on, the City would not put $25,000 into your home. However, Ms. Butler stated if someone's house is substantially deteriorating and the homeowner needs help, there have been situations where the City has taken care of this. Ms. McCarthy asked Ms. Butler why someone would be told "no" because the are within the first 300 feet? In response, Ms. Butler stated staff would never say "no" but instead would say, "we will address your urgent needs". For example, if someone has a leaky roof and the roof needs to be repaired, the City will repair the leaky roof. Ms. McCarthy asked if it is not considered an urgent need and other people from the second block out would be eligible for these programs, are we saying then that the people who live within the first 300 feet would not be eligible? In response, Ms. Butler stated staff has not done substantial rehabilitation to the first 300 feet but have addressed any emergency needs they have had. Ms. McCarthy stated it would appear to people who are being impacted by this decision that they cannot get lawn improvement monies because that is not an emergency and lawn improvement monies is something that helps with curve appeal which impacts their ability to sell their homes at certain dollar values. Ms. Butler stated this is not correct and staff will do "boot strap" all day long even if it is not an emergency. Ms. McCarthy asked what things are these people not eligible for? In response, Ms. Butler stated this is what is referred to as "substantial rehabilitation" which is the full-scale rehab jobs where the entire house is brought up to code costing between $18,000-$25,000. Ms. McCarthy asked what the City's reason is for doing this? In response, Ms. Butler stated that when the West Atlantic Avenue Redevelopment Plan was first adopted, the policy decision was made that the City would invest the grant dollars into that first 300 feet when there was a likely chance that the properties would be acquired. Ms. Butler explained that there have been incidences where that policy has been ignored because in her mind if a person has a need she will take care of it. Ms. Butler stated if her staff was asked this direct question they may have given that answer but if an application comes in the Community Improvement Department will take care of it. Ms. McCarthy stated she wanted to have this cleared up because some citizens have made calls to staff who have informed them that if they live within that first 300 feet that they really should not waste their time on putting in the application. Ms. Butler stated they can put the applications in and stated she can show the Commission two or three that staff has done substantial work on within the same time period. Discussion by the Commission and staff followed. The City Manager stated he feels this is a real policy issue because these properties are not zoned residential and are in an area that is not particularly desirable to live in as residential use. The City Manager questioned whether or not it is appropriate to perpetuate this use and commented that this may not be a wise investment of public dollars. Mr. Levinson stated he happened to go by this house and feels it is in very poor -18- 08/07/01 condition. Mr. Levinson shares some of the same concerns as Commissioner Perlman in that some identification process in that neighborhood would preempt some of the homes with history from deteriorating to the point beyond repair as what happened with this home. Mrs. Archer suggested that the City document the house by taking photographs of the existing house, take measurements and do a floor plan so that at some future point it might be replicated if it was chosen to do so. In the meantime, Mrs. Archer stated its floor plan and photos of the existing house could be displayed at the Spady Museum or somewhere else. Ms. Dominguez stated there is identification of the structures in the West Settlers District when the district was first adopted. Ms. Dominguez suggested that staff update this information and get current ownership information and when allowed access get into the houses and try to do some minimal assessment of their conditions. Ms. Dominguez stated preventive measures would go a lot further with less money than trying to save something that has just been allowed to deteriorate. After some discussion, Ms. Dominguez stated she would like to hold another meeting with the original group of people that met the first time and discuss some ideas and explore some other alternatives. Ms. Dominguez stated the group includes people from EPOCH, people from Historic Preservation, Mayor Schmidt, Mr. Perlman, CRA staff, and members of the Northwest District. CONDITIONAL USE REQUEST: Consider a request to allow the establishment of an off-street private parking lot located on the west side of NV~ 4th Avenue, approximately 150 feet south of NW 1st Street, associated with the Atlantic Grove Redevelopment project. Quasi-Judicial Hearing Mr. Perlman moved to approve the Conditional Use request to allow the establishment of an off-street private parking lot located on the west side of NW 4th Avenue, seconded by Mrs. Archer. 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 vote. 10.D. ORDINANCE NO. 43-01: An ordinance amending the Land Development Regulations Section 4.6.9(E)(3)(b) to include a map which delineates the in-lieu of parking fee areas and corresponding fee amounts. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a second public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 43-01: 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 CHAPTER FOUR, "ZONING REGULATIONS", SUBSECTION 4.6.9, "OFF-STREET -19- 08/07/01 PARKING REGULATIONS", SUB-SUBSECTION 4.6.9(E)(3)(b), "LOCATION OF PARKING SPACES", TO INCLUDE A MAP WHICH DELINEATES THE IN-LIEU PARKING FEE AREAS AND CORRESPONDING FEE AMOUNTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 43-01 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 regarding this issue, the public hearing was closed. Mr. Perlman moved to adopt Ordinance No. 43-01 on Second and FINAL 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. 10.E. ORDINANCE NO. 44-01: An ordinance amending Chapter 33, Police and Fire Departments Pension, Section 33.66 and Section 33.66(E)(2)(b) of the City Code of Ordinances which modifies the Police and Fire Pension Plan to conform with the Division of Retirement's concerns and meet the requirement of F.S. 112.661(5)(b). Prior to consideration of passage of this ordinance on Second and FINAL Reading, a second public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 44-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.66, "FINANCES AND FUND MANAGEMENT," SECTION 33.66(E)(2)(b), TO MODIFY THE TIME PERIOD FOR REBALANCING PENSION FUND ASSETS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 44-01 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. -20- 08/07/01 Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission regarding this issue, the public hearing was closed. At this point, Mr. Levinson left the dais. Mr. Perlman asked for clarification as to whether the Police and Fire Pension Board considered this. The City Attorney stated the Police and Fire Pension Board considered this item and noted that this amendment was required by the State. Mr. Perlman moved to adopt Ordinance No. 44-01 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 10.F. RESOLUTION NO. 47-01: A resolution authorizing the Community Redevelopment Agency (CRA) to issue its Promissory Note, Series 2001, in the principal amount of not exceeding $1,000,000.00. The City Manager presented Resolution No. 47-01: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF DELRAY BEACH TO ISSUE ITS PROMISSORY NOTE, SERIES 2001, IN THE PRINCIPAL AMOUNT OF NOT EXCEEDING $1,000,000; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 47-01 is on file in the City Clerk's office.) The City Attorney read the caption of the resolution. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated this Resolution was approved previously. However, the City Attorney stated Bond Counsel for the CRA has requested that it be put in Resolution form. At this point, Mr. Levinson returned to the dais. Mr. Perlman stated this is tied to the LIBOR Rate and asked if this is the best option? In response, Mr. Levinson commented that whenever he had the opportunity to take advantage of the LIBOR Rate he always did and suggested that the City take advantage of the LIBOR Rate. Mayor Schmidt declared the public hearing open. There being no who wished to -21- 08/07/01 address the Commission regarding Resolution No. 47-01, the public hearing was closed. Mrs. Archer moved to adopt Resolution No. 47-01 on Second and FINAL Reading, 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. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC-IMMEDIATELY FOLLOWING PUBLIC HEARINGS. ll.A. City Manager's response to prior public comments and inquiries. In regard to a previous comment expressed by Mr. Martinez regarding the installation of a street light at 506 Southridge Road, the City Manager stated that the City has asked FPL to determine the feasibility of the cost of installing the light. The City Manager stated although it usually takes several months, the process has been started. 11.B. From the Public. ll.B.1. Jean Beer, 2145 S.W. 26th Terrace, stated she would like to know the number of properties in the City that are property tax exempt and the approximate area they would encompass if put altogether. Ms. Beer stated when the CRA was originally organized it was for a maximum of 20 years which means that the CRA would be abolished in the year 2005. Ms. Beer stated the City has bonds going to year 2019 and she has no problem with short-term notes. However, Ms. Beer stated she feels the Commission needs to start thinking in terms of does the City want a CRA that is self-perpetuating forever and suggested that the Commission have a sunset date for the CRA. Ms. Beer feels there will come a day when the rest of the City will need the tax base to pay for the ever-increasing operating expenses of the City. Ms. Beer stated Chris Brown, former Director of the CRA stated the CRA cannot be collapsed until 2019. Ms. Beer stated whether or not there is a CRA, those Bonds are ultimately the City's problem. Furthermore, Ms. Beer stated she would like to see the redevelopment of West Atlantic Avenue completed and completed well. She suggested that the Commission really think about a sunset date for the CRA and stated she does not want to see the CRA go on forever. ll.B.2. Jim Smith, 1225 S. Ocean Boulevard, stated at the July l0th Commission meeting he spoke regarding the graffiti that appears on the sidewalk on Ocean Boulevard. He stated since then some of the graffiti has been removed. However, some of the graffiti, which reads "Chaney is gay", and other graffiti remarks referring to homosexuals remains at parking meter space B24 and B25. Mr. Smith asked that the Commission declare the sidewalks along Ocean Boulevard and Atlantic Avenue as "graffiti free zones". In other words, Mr. Smith stated this way all graffiti will be spotted and reported the same day that it appears, and that it will be cleaned up the next day. Secondly, with regard to the Seagate Beach Club valet parking problem, Mr. Smith stated the valet parking service of the Seagate Beach Club located along the east shoulder along A-1-A continues to jeopardize public safety every time a car is valet parked or returned -22- 08/07/01 when the valets make illegal left turns over the double yellow center lines on the "S" shaped curve. Mr. Smith suggested that the City send the Police Chief to the hotel explaining the situation and inform them that the Police Department will begin issuing traffic violations. Mr. Smith stated he understands that Scott from the Planning Department will be looking into the parking situation at the Seagate Beach Club in the next few weeks. However, in the mean time, Mr. Smith urged the Commission to not listen to the excuse from the Seagate Beach Club that they do not have enough parking. Mr. Smith stated the Seagate Beach Club has a large parking lot in the back of their property that is rarely used for valet parking because it is inconvenient for the valets. Also, there is vacant land off the perimeter roads on either side of the property that can easily be converted into additional parking. Mr. Smith stated the only parking that should be allowed on the east shoulder of A-1-A should be for delivery trucks to do their unloading. Mr. Smith stated the Seagate Beach Club needs to relocate their valet parking service to the other side of A-1-A before someone gets hurt. Thirdly, with regard to common sense laws, Mr. Smith stated it makes no sense to deny poor families access to our public beach while giving select middle class or rich families free access. Mr. Smith stated while jogging along Ocean Boulevard south of Atlantic he sees new or late model Lincoln Town cars, Mercedes, and BMW's parked in six or seven non- metered parking spaces for the handicap and feels just because someone is handicapped does not mean they are entitled to free parking. He suggested that the City issue parking decals to poor families so that if they do not have the quarters to put in the meter that they are at least able to take their families to the beach. Lastly, with regard to the tax law, Mr. Smith asked that the City conduct a survey of taxes collected, the millage rate, and services provided by other Florida cities of comparable size so that the Commission and the citizens of Delray can determine whether or not the City has the proper tax millage, the total taxes collected, and the services. In conclusion, Mr. Smith stated he looks forward to action regarding these requests. ll.B.3. Alice Finst~ 707 Place Tavant~ expressed concern regarding the process for appointment of persons who are being asked to serve or complete someone else's term. Recently, there was an appointment to the SPRAB Board of a person to fill a term and when that term was completed apparently no one checked with her to see if she wanted to be selected for reappointment. In addition, no one checked with the Chairman of the Board to see what kind of a job she was doing, and no one checked with Loretta Heussi, Staff Assistant II/Planning, to see about the attendance. Ms. Finst stated she feels that she was an extraordinary contribution to the Board being a City planner in her own right she brought things to the Board such as detail, laws, information and common sense which completed that Board. Ms. Finst stated her name was not presented and asked what the process is if someone has served well on a Board and feels they should at least have the opportunity to continue in that position. Ms. Finst urged the Commission to put this person's name onto another Board because she did an extraordinary job. Secondly, Ms. Finst expressed concern regarding the condition of the monument located on N.W. 5th Avenue. Ms. Finst stated while she and Spencer Pompey served on the Historic Preservation Board they both worked very hard to make sure the park would be kept in good condition. She stated the park is currently in derelict condition. Furthermore, Ms. Finst -23- 08/07/01 stated the sprinklers are not in good shape, the plants are in disrepair if non-existent, and the condition of the grounds leaves a lot to be desired. Ms. Finst stated that if this is going to be a City park then it should be kept in the same condition that other City parks are kept. In addition, Ms. Finst asked the Commission to take a look at N.W. 5th Avenue in itself because approximately seven trees have been cut down and overall stated the street is in poor shape. Thirdly, Ms. Finst stated the Homeowners' League of Chatelaine would like to thank the City for holding the Neighborhood Orientation and Organization Program at Old School Square. Ms. Finst stated in preparation for their neighborhood improvement plan they would do a number of things learned from the program. One is to get a neighborhood directory of 201 homes so that they could get demographics and other statistics. Ms. Finst stated at this point, Chatelaine currently has a neighborhood directory of 201 homes, names, addresses, and telephone numbers. Ms. Finst complimented staff for their hard work and particularly thanked Barbara Schooler, Utilities Customer Service Manager/UTB, Norma Smith, Executive Assistant/Code Enforcement, and Margaret Halupka, Staff Assistant II/Code Enforcement. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager. The City Manager stated he is glad to be back from vacation. He was in Phoenix, Arizona where temperatures reached 107 degrees and commented that it was extremely hot. 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 Mrs. Archer commented about airports and the flight paths of airplanes. Mrs. Archer stated she received some information from a resident who is very concerned and has taken the time to investigate the flight paths and identify those in which most of the violations occur over the City of Delray. Mrs. Archer stated this resident has indeed sighted aircraft and have kept records over which aircraft are making the violations and has come up with the understanding that most of them happen at night when it is impossible to read the number on the airplane. Mrs. Archer stated nothing would be done unless the specific airplane is identified. All of the information of the volumes and the altitude is left up to the pilot's initiative because he is in control of the safety of the aircraft. However, Mrs. Archer stated this resident and she witnessed the same plane flying less than 300 feet above her house. Mrs. Archer stated it was approximately 9:30 p.m. and apparently the individuals flying the plane were sight seeing. Mrs. Archer stated for the record that there are repeated violations particularly in those two flight paths and will pass the information to the City Manager. Mrs. Archer asked if the City could make an additional statement because she feels it is impossible to document this because there are numerous violations. -24- 08/07/01 With regard to Board appointments, Mrs. Archer feels it is important that the Commission keep in mind the careers of the individuals who are being appointed whether they are new or old, and emphasized that all seats need to be filled. 13.C.2. Commissioner Perlman Mr. Perlman welcomed back the City Manager and commented that he has been to Phoenix, Arizona in August and the temperature was approximately 110 degrees. Mr. Perlman stated while out walking with his children they ran into Mr. William Fay, Principal of Banyan Creek Elementary School and they are hoping to re-stripe their parking lot because the parking lot is very dirty. Mr. Perlman stated the district does not own a sweeper because they contract out. Mr. Fay asked Mr. Perlman if there was any possibility that the City sweep the parking lot so that the school may re-stripe the lot. The City Manager stated although the City does not have a sweeper he would try and find a way to help him out. 13.C.3. Commissioner McCarthy Ms. McCarthy reminded everyone that the Roots Cultural Festival Parade is going to be held on Friday. In addition, Ms. McCarthy announced that Summer Nights on the Avenue has been rescheduled from last Friday to Friday, August l0th because of the rain. 13.C.4. Commissioner Levinson Mr. Levinson commented about the airport issue and stated, as he understands it the Part 150 Study is out. He stated apparently there is a sample letter that people are being asked to send. Mr. Levinson stated he has received numerous calls from various organizations regarding airplane noise. He requested a copy of this letter so that if someone calls him regarding the airplane noise, he would like to be able to give them this letter. Mr. Levinson stated he ran into David Schmidt from Boca Raton Educational Television, and asked that someone from the City follow through with the Commission's consensus that we try and see if the City can negotiations an agreement with them particularly because it came out so high both the MacArthur Grant and the Visions 2010 in terms of communications and systems to communicate with the residents. Thirdly, Mr. Levinson requested that if it is appropriate, he would like to have a "Shade" meeting to hear about the Fire Department contract negotiations. The City Manager stated there was a meeting planned but Jim Tabeek was on vacation. The City Manager stated Mr. Tabeek wanted to work some more on the initial proposals but imagines this is all cleared up now. With regard to the Board appointments, Mr. Levinson stated he is hearing it from both sides. For example, Mr. Levinson stated he is hearing from people who were upset that certain people were not reappointed but at the same time some people feel there needs to be new -25- 08/07/01 people appointed to the boards. Mr. Levinson encouraged the Commission to Workshop this issue in an effort to look for a method to help resolve some of the issues regarding the Board appointments. Lastly, Mr. Levinson stated he has made tentative reservations for Bergamo's for Friday evening at 8:00 p.m. and asked that everyone let him know whether or not they can attend. at 8:05 p.m. There being no further business, Mayor Schmidt declared the meeting adjourned City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the Regular City Commission Meeting held on August 7, 2001, which minutes were formally approved and adopted by the City Commission on 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- 08/07/01 people appointed to the boards. Mr. Levinson encouraged the Commission to Workshop this issue in an effort to look for a method to help resolve some of the issues regarding the Board appointments. Lastly, Mr. Levinson stated he has made tentative reservations for Bergamo's for Friday evening at 8:00 p.m. and asked that everyone let him know whether or not they can attend. There being no further business, Mayor Schmidt declared the meeting adjourned at 8:05 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the Regular City Commission Meeting held on August 7, 2001, which minutes were formally approved and adopted by the City Commission on 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- 08/07/01