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09-19-01SEPTEMBER 19~ 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, September 19, 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 - Assistant City Manager Robert A. Barcinski City Manager David T. Harden City Attorney Susan A. Ruby City Clerk Barbara Garito 2. INVOCATION. Reverend Matthew "Bump" Mitchell with Christ Missionary Baptist Church delivered the opening prayer. The Pledge of Allegiance to the flag of the United States of America was given. AGENDA APPROVAL. Mayor Schmidt noted the addition of Item 6.C., National Race Equality Day - September 19~ 2001 to the Proclamations by addendum. Also, Mayor Schmidt noted the addition of Item 8.G.l., Awards of Bids and Contracts and Item 8.H. Amended and Restated Interlocal Agreement with CRA for Planning and other Services; and Interlocal Agreement with CRA for West Atlantic Redevelopment Coalitiom Inc, to the Consent Agenda by addendum. Mr. Perlman moved to approve the agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. -1- 09/19/01 5. APPROVAL OF MINUTES: With regard to a comment in the second from the last paragraph on page 17 of the minutes, Mrs. Archer noted a correction to her statement. Mrs. Archer stated the correct statement should read that "Mrs. Archer stated she did understand that there was no setback and that there was a height of 48 feet in the commercial area downtown along Atlantic Avenue, but not along the beach. Mrs. Archer stated she also said "that it was not the intent of the City to allow the possibility of a 48-foot high wall of construction along our beach." The City Attorney stated in the second paragraph on page 8 instead of it stating "Mr. Dorling stated the Commission approved three waivers" it should read that "Mr. Dorling stated the Site Plan Review and Appearance Board (SPRAB) approved three waivers." Mayor Schmidt noted a typographical error on page 16 of the minutes. The word "midigate" should read "mitigate". Ms. McCarthy moved to approve the Minutes of September 4, 2001, as corrected, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. Prior to the vote, Mrs. Archer stated she understands that discussions have been taking place between Mr. DonFrancisco and Mr. Marincola with regard to resolving the disagreement that they had that precipitated Item 9.A. on these minutes. Mrs. Archer asked if it would be possible for the Commission to reconsider the vote on that item for the next meeting. Mrs. Archer stated this would not mean that the Commission would change their vote but simply would reconsider the Hotel Vista Del Mar Appeal and that it be open for discussion based upon their resolution. Mrs. Archer moved to amend the agenda by adding Item 9.H., Possible Reconsideration of the Hotel Vista Del Mar Appeal to a date certain of October 2, 2001, 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. o PROCLAMATIONS: 6.A. Breast Cancer Awareness Month - October 2001 & Mammograph¥ Day - October 19~ 2001 Mayor Schmidt noted a proclamation proclaiming the month of October as Breast Cancer Awareness Month and October 19, 2001 as Mammography Day. 6oBo Head Start Awareness Month - October 2001 Mayor Schmidt noted a proclamation proclaiming October 2001 as Head Start -2- 09/19/01 Awareness Month. 6oCo National Race Equality Day - September 19~ 2001 Mayor Schmidt read a proclamation proclaiming September 19, 2001 as National Race Equality Day. At this point, the time being 6:10 p.m., the Commission moved to Item 7, Presentations. ° PRESENTATIONS: 7.A Legislative Issues - Representative Bill Andrews~ Representative Anne Gannon and Representative Richard Machek Mayor Schmidt recognized the Legislative Delegation who was in attendance: Senator Ron Klein, Representative Anne Gannon, Representative Richard Machek, Representative Bill Andrews, Representative Irving Slosberg and Senator Mandy Dawson. Mayor Schmidt stated the reason the City invited the members of the Legislative Delegation is because the Commission feels it is important to interact with the State Legislators. In addition, Mayor Schmidt stated there are a number of items that the Commission feels are of particular concern both to the community and to the County. Mayor Schmidt stated the Commission would like the opportunity to present these concerns to the Legislative Delegation and get some input from them as well. The following Legislative issues for 2002 were presented to the Legislative Delegation: ° ° ° Rewrite of the Community Redevelopment Act (Part III of Chapter 163, F.S.) a. Local discretion should be allowed in the length of terms for appointed CRA members. b. Ensure that city CRA's continue to receive the TIF money from the County as well as the City. Boca Raton Airport a. Considering the impact of aircraft noise on residents of Delray Beach, a representative of Delray Beach should be added to the Boca Raton Airport Authority. Billboard Legislation a. The state should not preempt the City's right to require removal of billboards as a condition of a development order, or to amortize billboards not in conformance with the City's zoning code. Criminal Justice/Juvenile Justice a. Support legislation to allow photographic enforcement of red light running in Palm Beach County. b. Support a grant of $600,000 to assist in acquiring and remodeling facilities for Youth Enrichment Vocational Center. The model for our program, the Youth -3- 09/19/01 o o go o 10. Automotive Training Center in Hollywood, is well proven as affective in turning at risk youth from a criminal career to being contributing members of society. Art in Public Places a. Support funding Pineapple Grove Main Street's application for a $25,000 Cultural Programs Grant to help construct the Pineapple Grove Art Walk. Parks and Recreation a. Support funding for the City's Florida Recreation Development Assistance Program applications as follows: (1) $107,250 for tennis courts at the Catherine Strong Center in cooperation with the USTA on their "First Serve" initiative for inner city tennis. (2) $50,000 for playground equipment at Barwick Park. Library Expansion a. Support funding of the Delray Beach Library Public Library Construction Grant for $500,000. b. As the State Aid to Libraries program is reviewed this year, pursuant to CS/HB 337, ensure that libraries such as Delray Beach's remain eligible to receive State aid for operating purposes. Senior Citizens a. State funding of $500,000 is requested to construct a facility that would serve as a center for government and non-profit agencies providing services to our growing senior citizen population. Water Supply a. Within the next two years the City expects to spend at least $4,200,000 in modifying our water treatment process in order to comply with new, mandatory drinking water quality standards. State assistance is requested to comply with this unfunded mandate. b. The South Regional Wastewater Treatment and Disposal Board facility currently reclaims only about 25% of its effluent to use for irrigation. An additional 12 MGD could be reclaimed instead of being discharged to the ocean, where it may contribute to algae on our reefs, but we need help with the cost. Using more treated sewage effluent for irrigation will reduce use of surface waters and water from the surficial acquifer for such purposes. The South Florida Water Management District formerly gave grants for this purpose, but these funds have now been diverted to pay the District's share of the Everglades Restoration. Additional treatment and distribution facilities would cost $12-$18 million. State assistance is requested in the amount of $3,000,000. Sludge Pelletization Facility a. Support funding for the state share, $1,875,000, of the proposed regional sludge pelletization facility to be operated by the Palm Beach County Solid Waste Authority to serve Palm Beach, Martin and St. Lucie Counties and their municipalities. This $12,500,000 facility will reduce by 4,100 tons annually land application of phosphorus in the Everglades, Lake Okeechobee, and Indian River Lagoon watersheds. We are also seeking $6,000,000 from the federal government, $1,125,000 from the South Florida Water Management District and $3,500,000 from the participating utilities. -4- 09/19/01 11. Regional Fire and Police Training Facility a. The Fire Rescue Subcommittee of the Palm Beach County Intergovernmental Coordination Program has determined there is a need to a regional fire/law enforcement training facility in Palm Beach County, especially since the responsibility for such training has been shifted to the Community College. The cost of acquiring land and constructing such a facility is estimated at $20,000,000, with another $5,000,000 required for equipment. Support is requested for funding in the budget for Palm Beach Community College to acquire a site begin more detailed planning for this badly needed central facility for regional fire and police training. There was a rapport between the Legislative Delegation and the Commission with recommendations from the Legislative Delegation on how the Commission should proceed with the Legislative issues for FY 2002. They all agreed that the Commission should lobby to get their concerns on budgets and attend meetings in Tallahassee. 7.B. Government Finance Officers Association Distinguish Budget Award presented to the City of Delray Beach for FY 2000-2001 Mayor Schmidt presented Joe Safford, Finance Director, with the Government Finance Officers Association Distinguished Budget Award. Mr. Safford came forward to accept the plaque and stated this is the fourteenth year that the Finance Department has received this award. go CONSENT AGENDA: City Manager Recommends Approval. 8.A. RELEASE/CANCELLATION OF WATER SERVICE AGREEMENT (1710-1800 N. FEDERAL HIGHWAY: Approve the release and/or cancellation of a Water Service Agreement for property located at 1710-1800 North Federal Highway (fka Arrow Trailer Park), said property has been annexed into the City and is connected to City water and sewer. 8.B. REQUEST TO ALLOW A TEMPORARY MODULAR BUILDING/MAROONE FORD: Approve a request to allow a temporary modular building at Maroone Ford, located at the northwest corner of Linton Boulevard and Wallace Drive (1311 Linton Boulevard), for use as offices for a period of one (1) year while building improvements are constructed. 8.C. CLOSEOUT CHANGE ORDER # 1 & FINAL PAYMENT /CHAZ EQUIPMENT (ROYAL PALM BOULEVARD): Approve closeout Change Order # 1 in the net deduct amount of $3,716.00 and final payment in the amount of $20,051.00 to Chaz Equipment for the Royal Palm Boulevard Paving and Drainage Improvements. Funding is available from 448-5461-538-65.04 (Stormwater Utility-Royal Palm Boulevard). 8.D. RESOLUTION NO. 58-01: Approve Resolution No. 58-01 supporting implementation of aquifer storage and recovery technologies for the purpose of protecting the environment and public water supplies. -5- 09/19/01 8oto The caption of Resolution No. 58-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE IMPLEMENTATION OF AQUIFER STORAGE AND RECOVERY TECHNOLOGIES FOR THE PURPOSE OF PROTECTING THE ENVIRONMENT AND PUBLIC WATER SUPPLIES AND AN EFFECTIVE DATE. (The official copy of Resolution No. 58-01 is on file in the City Clerk's office.) CONTRACT ADDITION/CORPORATE CONNECTION SOVEREIGN: Approve a contract addition to Corporate Connection Sovereign's contract for bus rental and driver service for the Rock's Football and Summer Day Camp programs in the amount of $17,361.25. Funding is available from 115-4912-572-55.30 (Rocks Football) in the amount of $7,361.25, and 001-4106-572-44.90 (Summer Day Camp) in the amount of $10,000.00. 8oFo REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period September 4, 2001 through September 14, 2001. 8oGo AWARD OF BIDS AND CONTRACTS (ADDENDUM ITEM): Bid award in the amount of $45,300.00 to ADDCO, Inc. for the purchase of two (2) trailer-mounted programmable electronic message signs. Funding is available in 001-2316-525-64.90 (Emergency Management, Other Machinery/Equipment). 8oHo AMENDED AND RESTATED INTERLOCAL AGREEMENT WITH CRA FOR PLANNING AND OTHER SERVICES; AND INTERLOCAL AGREEMENT WITH CRA FOR WEST ATLANTIC REDEVELOPMENT COALITION~ INC. (ADDENDUM ITEM): Consider approval of two separate interlocal agreements that will extend existing funding requirements between the City and the Community Redevelopment Agency to September 30, 2002, which provides for the CRA to pay the City for planning and parking management services, and for the City to assist in funding staff support for WARC. Mr. Perlman moved to approve the Consent Agenda as amended, 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. o REGULAR AGENDA: 9oAo FUNDING FOR SPECIAL EVENTS & CHARITABLE ORGANIZATIONS: Consider approval of the recommended funding allocations for special events and charitable -6- 09/19/01 organizations for FY 2002. Robert A. Barcinski, Assistant City Manager, stated this is staff' s recommendation regarding funding for special events and charitable organizations for the FY 2001-02 budget. Mr. Barcinski stated the five-member committee reviewed the numerous requests the City received this year. Mr. Barcinski explained that there are two funding sources. One funding source being the Special Events Account and the City Commission budget, which per City policy has been set at $50,000. The other funding source is the Charitable Contribution Grant Account which previous policy is limited to 1% of general fund budget. In the event account, Mr. Barcinski stated a total of $126,000 is being requested because the First Night request is now $10,000 versus $20,000. In the grant funding (Exhibit "B"), the amount that is impacted by the 1% is $209,750 and the amount requested is $410,270. Mr. Barcinski stated that Exhibit "C" is a chart of things that the City looked at for these grant requests such as the amount, their total budget, other funding they may have available, net assets (undesignated), how many people they served, and how many of those are Delray Beach residents. With regard to Exhibit "A", Mr. Barcinski stated that the Education Board funding is shown here. However, the Education Board funding is now included in the Community Improvement Budget. Mr. Levinson commented that he noticed that the Roots Cultural Festival did not make a request this year and asked whether or not this was intentional? In response, Mr. Barcinski stated the City has not received any cash requests from the Roots Cultural Festival at this time. The City Manager stated up until a few years ago, the City did provide some cash support but also billed for a certain amount of the overtime. The City Manager stated the decision was made to provide all the services to the Roots Cultural Festival without charging for overtime and to stop the cash support. Mrs. Archer commented that the same situation applies to "Celebrate the Soul" because if indeed they do have the festival this year that will be some substantial services that are required. Mr. Barcinski stated the committee recommendation was not to give a cash contribution and in the last event the City provided overtime in the amount of approximately $13,000. With regard to Exhibit "B", Mr. Levinson stated there was $30,000 requested from the Mae Volen Senior Center and asked what this was for? In response, Mr. Barcinski stated according to their application they indicated that funding will be used to offset the projected $30,000 deficit in the cost of transportation services provided to Delray Beach senior citizens which includes expenses associated with driver staffing. As the committee reviewed this request, Mr. Barcinski stated they looked at their net assets, their other funding sources, their overall financial picture, and their service to the community. With regard to ABC Carpet, Mr. Perlman stated he noticed the amounts vary over the years and asked what the reason is for this? In response, Mr. Barcinski stated he believes this -7- 09/19/01 is based on the actual contract and the way this was structured with them. The City Manager stated for a certain number of years ABC Carpet did receive an amount for each employee that they hired who was a Delray Beach resident. In addition, ABC Carpet did receive other tax rebates as well. As of January or February of this upcoming year, the City Manager stated everything would be expired except for the property tax portion. On the property tax, the City Manager stated they would get a rebate for the increase of property tax over what was being paid on the property before they remodeled it. Mr. Perlman asked if this is a ten-year deal, which will end in the year 2006? The City Manager stated for the next five years the property tax rebate will continue but everything else has run its course. The City Manager stated this is why the amounts vary from year to year because certain parts of it have been expiring. With regard to Exhibit "B", Mr. Levinson stated there is a footnote #8 under the Urban League amount recommended for FY 2002 but there is no footnote #8 listed. Mr. Levinson asked if this is CDBG money? In response, Mr. Barcinski stated this is CDBG money. Mr. Levinson inquired about the $1,500 Coral Group and stated he does not see it listed as prior year funding. Mr. Levinson asked if this includes the $10,000 of contingency money that was established? In response, Mr. Barcinski stated he would need to look into this. Mr. Levinson commented that there is not much money with regard to contingency. The City Manager stated there is $6,000 for grants and Mr. Barcinski stated there is $4,250 recommended for the events. Mr. Barcinski stated the actual amount budgeted in the line item is $49,250. Mrs. Archer stated it is her understanding that we will not be doing mid-year funding requests and this will be our budget. Mr. Barcinski stated generally if there are mid-year requests, those requests would come to the Commission and the decision would be made at that point in time. Mr. Barcinski stated there would be some contingency money available. Mrs. Archer stated in the past the concern has been that some of these organizations wait until the last minute to request funding. Mrs. Archer stated unless there is extreme circumstances, she understood that the Commission was trying to discourage that kind of thing and wanted all the requests for funding in advance. Mrs. Archer reiterated that her concern is that agencies are given the opportunity to request funding in advance and stated unless there is an extreme circumstance she does not feel the City should be funding these agencies because it causes problems in the budget process. Mr. Perlman commented that the Atlantic High School Band is going to go somewhere every year and there is no request from them. Mr. Barcinski stated the Band has not asked or received any funding. In 2001, Mr. Barcinski stated the Band did not ask for any funding and staff has not received a funding request from them this year. The previous year, the Band had a mid-year funding request for $1,500. The City Manager stated there are things that will come up during the course of the year and feels the amount of money in the contingency fund should be adequate. Mr. Perlman commented about the safety patrol trips because he stated the Band and the Eagle-ettes also travel. Mr. Perlman stated he does not see the safety patrol as a City function and feels this should be cut and invested elsewhere. Mr. Barcinski stated Orchard View -8- 09/19/01 Elementary School and Plumosa Elementary School requested funding for the safety patrol. Mr. Levinson stated that perhaps the City could ask the Education Board to make a recommendation regarding whether the City should budget the $1,000 for the safety patrol. The Commission would like to see them participate in some way with assisting kids who might otherwise not get to go and let them work with the schools. With regard to the Education Board, Mr. Levinson concurred with comments expressed by Mr. Perlman. Ms. McCarthy stated she would support the funds being transferred to another line item (i.e. the contingency fund) so that if things of that nature show up and other things that are most relevant in the next year, the Commission would then have the flexibility to attribute dollars where needed. Ms. McCarthy stated that the needs might change significantly this next year. Mrs. Archer stated she would certainly support transferring the $1,000 to the contingency fund with an earmark that the Education Board has the opportunity to recommend disbursement of the money. Furthermore, Mrs. Archer stated she would like to see the funds earmarked in some way for education or educational activities. Mayor Schmidt suggested that the Commission approve moving the $1,000 into the contingency fund and give direction to the Education Board to work with the Education Foundation to see if they can come back with a recommendation to the Commission whether the money should be spent for safety patrol or some other program that would benefit more children. Ms. McCarthy moved to approve transferring $1,000 from the safety patrol trips line item to the contingency fund; and, give direction to the Education Board to work with the Education Foundation to see if they can bring back to the Commission with a recommendation whether the money should be spent for safety patrol or some other program that would benefit more children, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:10 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10.A. ORDINANCE NO. 45-01: An ordinance amending Ordinance No. 1-98, which comprises Waterford Place SAD (Special Activities District), to eliminate the condition of approval requiring a certificate of occupancy for the hotel to be issued prior to the issuance of a certificate of occupancy for the final multi-family building, located on the south side of Linton Boulevard between Interstate-95 and Lindell Boulevard. Prior to consideration of passage of this ordinance, a public hearing has been scheduled to be held at this time. Quasi-Judicial Hearing The City Manager presented Ordinance No. 45-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE -9- 09/19/01 NO. 1-98 WHICH COMPRISES THE SAD (SPECIAL ACTIVITIES DISTRICT) ZONING ORDINANCE AND CONDITIONS FOR FURTHER DEVELOPMENT FOR WATERFORD PLACE, GENERALLY LOCATED ON THE SOUTH SIDE OF LINTON BOULEVARD, BETWEEN INTERSTATE-95 AND L1NDELL BOULEVARD, BY AMENDING SECTION 1, BY REPEALING PARAGRAPH 20, TO ELIMINATE THE CONDITION OF APPROVAL REQUIRING A CERTIFICATE OF OCCUPANCY FOR THE HOTEL TO BE ISSUED PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR THE FINAL APARTMENT COMPLEX BUILDING; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 45-01 is on file in the City Clerk's office). 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 noted that this item would be conducted as a quasi-judicial hearing because it applies to a specific piece of property. The City Attorney asked the Commission to disclose any ex parte contacts. Mayor Schmidt stated he had no ex parte contacts. Ms. McCarthy stated she had no ex parte contacts. Mr. Levinson stated he did have contact with Sam Pool, Attorney for the applicant. Mr. Perlman stated he had a brief telephone conversation with Tom McMurrain of Ocean Properties. Mrs. Archer stated she also had a brief conversation with Tom McMurrain of Ocean Properties. Barbara Garito, City Clerk, swore in those individuals who wished to give testimony on this item. Jeff Costello, Principal Planner, entered into the record the Planning and Zoning Department's project file #2001-211. Mr. Costello stated in May of 1996, the SAD/DRI-DO for Waterford Place was modified to replace the approved 22,41 square feet of office space with 300 residential units and a seventy-eight (78) room hotel. To assure the construction of this element of the SAD, a condition of approval was placed on the modification that required the hotel component to be constructed prior to the issuance of a final Certificate of Occupancy for the multi-family component. The new developer is now seeking removal of the condition so build-out of the apartments can occur. As the development is part of a SAD the change is processed as a -10- 09/19/01 rezoning. The shortage of hotel rooms is being satisfied with the newly approved and proposed hotel rooms (Spanish River 120-135 new rooms, Hotel Vista Del Mar 70 rooms). At its meeting of August 20, 2001, the Planning and Zoning Board held a public hearing in conjunction with review of the request. The Board voted 7-0 to recommend that the condition of approval be removed, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) (Rezoning Findings) of the Land Development Regulations, and policies of the Comprehensive Plan. Staff recommends approval of the rezoning request to eliminate the condition of approval requiring a Certificate of Occupancy for the hotel prior to the issuance of a Certificate of Occupancy for the final apartment complex building for the Waterford Place SAD, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) (Rezoning Findings) of the Land Development Regulations, and policies of the Comprehensive Plan. Alan J. Ciklin, Attorney representing property owner, stated he would only answer questions if the Commission has any concerns. There being no one else who, having been duly sworn, wished to address the Commission on this issue, the public hearing was closed. Mr. Perlman moved to adopt Ordinance No. 45-01 on Second and FINAL Reading, seconded by Mr. Levinson. 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. Prior to the vote, Mrs. Archer stated originally the concern was that this space is used for hotels and she does realize that there are additional hotels coming into the City. Mrs. Archer asked the Commission if they want to have that area of land reserved for hotels or do they not care at all what the usage is? Mrs. Archer stated she feels this was a very strong concern for the past Commission and she does not want to go against the Commission with regard to the location. Mrs. Archer stated she realizes there are a substantial number of hotel rooms going in now. Mr. Costello stated the condition related to the timing of the construction of the hotel still requires a seventy-eight (78) room hotel. Furthermore, Mr. Costello explained that it is just the timing of when that gets constructed and stated this was tied in with the development of the apartment complex. The applicant could not obtain their last Certificate of Occupancy (CO) until this was completed. Therefore, Mr. Costello stated it does not seem appropriate at this time. Mrs. Archer stated as long as this would not change the usage of the land, then she has no problem with approving it. 10.B. REQUEST FOR WAIVER OF CITY ORDINANCE (TOWN SQUARE): Consider a request from Town Square, 55 NE 5th Avenue for a waiver to the provision of Section 4.6.7(E)(1), Section 4.6.7(G)(3)(d)(ii) and Section 4.6.7(G)(7) of the Sign Code in the City's -11- 09/19/01 Land Development Regulations. The City will consider waiving the provision of the code that states flat wall signs must face dedicated street frontage, and also states that signs must be located over the business they represent. Also that signs totally in the standard setback are required to have a sign area of 20-square feet or less, and where a property has more than one frontage, a second freestanding sign is limited to a sign area of 50-square feet. Staff recommends denial. Quasi-JudicialHearing The City Attorney asked the Commission to disclose any ex parte contacts. Mr. Perlman stated he received a telephone call from Bill Branning that he did not have the opportunity to return. Mrs. Archer stated she had a telephone conversation but does recall whom with. Mrs. Archer stated she would have to inform the City Clerk's office later. Mr. Levinson stated he had no ex parte contacts. Ms. McCarthy and Mayor $chmidt stated they had no ex parte contacts. 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, City Clerk swore in Lula Butler, Director of Community Improvement. The City Attorney stated this applies to both waivers. Lula Butler~ Director of Community Improvement~ stated this is before the Commission to consider a waiver to Section 4.6.7(E)(1) & (G)(7) of the Land Development Regulations governing signs pursuant to the request from the Town Square Office Development located at 55 N.E. 5th Avenue. The applicant is proposing to have flat wall signs located on the southwest and north elevations of their office building. The City Code provides that signs are allowed to be placed on buildings when there is dedicated street frontages. In this case, Ms. Butler stated the signs are along 5th Avenue and the property can be interpreted to be along 1st street because it is part of the entire property. Ms. Butler stated the sign that staff has the biggest problem with is the south elevation because there is no dedicated street right-of-way for this particular sign. Ms. Butler stated the reason staff disagrees with the sign on the north elevation is that the Code also states that "signs should be placed over the tenant space that the tenant occupies." Ms. Butler stated staff was not able to get the assurance from the agent that this sign on the north elevation will be the sign of the tenant occupying the space where the sign is located. Ms. Butler stated in her discussions with staff, the owner is looking to have some visibility of the building so that it can be easily identified from Atlantic Avenue in both the North and South Federal Highway corridors. Ms. Butler explained that in Section 2.4.7(B) of the Land Development Regulations allows the City Commission to grant waivers to this section of the code that governs signs. This section states that before granting a waiver, the Commission shall make a finding of fact based on one of the following: Shall not adversely affect the neighboring area Shall not significantly diminish the provision of public facilities Shall not create an unsafe situation; and Does not result in the granting of a special privilege in that the same waiver would not be granted under similar circumstances on other property for another applicant or -12- 09/19/01 owner. Mrs. Archer stated she does not have a problem with the lower signs, but stated she does have a great deal of difficulty with the sign on the south elevation. Mrs. Archer stated she agrees with staff' s recommendation to deny the request for waiver. Mrs. Archer moved to deny the request for waiver of City ordinance from Town Square, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - No. Said motion to deny passed with a 4 to 1 vote. 10.C. REQUEST FOR WAIVER OF CITY ORDINANCE (CREATIONS): Consider a request from Creations, 101 NE 2nd Avenue, for a waiver to the provision of Section 4.6.7(E)(1), Section 4.6.7(G)(3)(d)(ii) and Section 4.6.7(G)(7) of the Sign Code in the City's Land Development Regulations. The City will consider waiving the provision of the code that states flat wall signs must face dedicated street frontage, and also states that signs must be located over the business they represent. Also that signs totally in the standard setback are required to have a sign area of 20-square feet or less, and where a property has more than one frontage, a second freestanding sign is limited to a sign area of 50-square feet. Staff recommends denial. Quasi-JudicialHearing The City Attorney asked the Commission to disclose any ex parte contacts. Mr. Perlman stated he would like to amend his disclosure for Item 10.B. Mr. Perlman stated he did not speak to Bill Branning but the message was for this item. Mrs. Archer stated she spoke with Mike Sneiderman, agent for the owner. Mr. Levinson, Ms. McCarthy, and Mayor Schmidt stated they had no ex parte contacts to disclose. 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, City Clerk, swore in those individuals who wished to give testimony on this item. Lula Butler, Director of Community Improvement, stated this item is for consideration before the Commission of a waiver to Section 4.6.7(G)(7) of the Land Development Regulations governing signs pursuant to the request from the business "Creations," located at 101 N.E. 2nd Avenue. Ms. Butler stated she feels this building is a wonderful addition to the Pineapple Grove redevelopment area and the owner/agent has done a wonderful job with tasteful signs. However, Ms. Butler stated this building has had three dedicated street frontages and the item before the Commission is the number and the size of freestanding signs. They are allowed to have the number of signs that they are proposing but the issue is the size. The first sign is at the corner of 2nd Avenue and N.E. 1st Street. Ms. Butler stated this sign is at 68.82 square feet and is perfectly allowable. The Code states whatever number above the freestanding signs that you are allowed to have they can be no greater than 50 square feet in size. It also -13- 09/19/01 states that when a sign is totally in the setback it can be no taller than seven feet and no greater size than 20 square feet. This sign is the exact same size as the sign located on 2nd Avenue and 1st Street. Ms. Butler stated the issue is with size and the location. Ms. Butler reiterated that staff could not administratively approve this waiver because it does not meet the Code. Unless the owner can come up with some hardship that they can explain that is unique to their property, Ms. Butler stated the Commission would encounter this decision with other properties. Ms. Butler explained that this item was not heard by SPRAB because four members had a conflict of interest. Furthermore, Ms. Butler stated the Pineapple Grove Association is in support of this sign being waived by the Commission. The City Attorney stated the public hearing is open for public comment. Michael Sneidermam agent for the owner~ stated the issue is the size of the sign and stated no one is looking at the quality of the sign. Mr. Sneiderman stated with this particular situation they have taken into consideration the structures on either side. Mr. Sneiderman stated both signs are 57 inches tall and 80 inches wide and the signs involve a pineapple on each side. The pineapples are hand-sculptured stone that are placed on either side of the sign. Therefore, Mr. Sneiderman stated the actual size of the sign is 31 square feet and fits into the category of 50 feet. Mr. Sneiderman stated he feels the sign must be this size because if someone is coming from the north driving in the southerly direction, if they miss the driveway they have no where to go because this driveway is the only entrance into Creations. Mr. Sneiderman stated they cannot turn left because this is a one-way street going west and they would have to completely renegotiate where they are. Mr. Sneiderman he was looking for symmetry in the entire project. One sign has been approved on the corner so that northbound traffic and eastbound traffic to that point can see the sign. Mr. Sneiderman reiterated that there has to be a sign if someone is driving in the southerly direction because this is the only entrance into Creations. With regard to size, Mr. Sneiderman stated the size of the sign is consistent if one does not count the pineapples. The City Manager stated if he understands this correctly this sign is in the setback area and therefore it is limited to 20 square feet not 50 square feet. Anthony Pugliese~ Developer~ stated one sign has already been approved and feels it would not look right if the other sign were 11 feet smaller. Mr. Pugliese stated they are trying to make everything look balanced and symmetrical. Mr. Pugliese stated these pineapples are being shipped in from Mexico and are all hand carved out of limestone. Mr. Pugliese urged the Commission to approve the sign as is otherwise he will have to come up with a different sign and feels it will not look balanced. Bill Brannin;~ 9 NE 2na Street~ with regard to the site plan and the location to the sign, he stated the signs are approximately 300 feet apart. Also, Mr. Branning stated the building is setback 150 feet from 2nd Avenue and when you are driving from the north in the southerly direction if you do not turn your head one can drive right past the building. Mr. Branning stated for that reason he feels the signage is very important. Mr. Pugliese stated the Pineapple Grove Design Committee did look at this and recommended approval. Ms. Butler stated she would like to clarify that the reason the pineapples were -14- 09/19/01 included as part of the calculation of the sign structure is because the City's Sign Code states that when you have decorative ornaments they are to be calculated and included because they become signs within themselves. Ms. Butler stated it is a balanced look and the appearance of the sign is a very good design. However, Ms. Butler stated she could not find a hardship for the owner/applicant to make it different. At this point, Barbara Garito, City Clerk, swore in Mr. Jim Smith. Jim Smith~ 1225 S. Ocean Boulevard~ stated he fully supports the applicants and feels that for the purposes of Pineapple Grove the City should not count the pineapples in the calculation of the sign. Mayor Schmidt asked Mr. Pugliese if it would be feasible for him to move the sign so that it is not in the setback area and therefore there would be no size limitation. Mr. Pugliese stated he does not believe this is possible because there are parking spaces there. Mr. Sneiderman stated the sign is at an angle and if it were moved back into the island it would further back from the street at 90 degrees. Mr. Pugliese stated aside from the aesthetics it is very important for the success of the project to be able to have signage so people who are driving from the north to the south on Pineapple Grove Way can see the entrance to Creations. Mr. Pugliese stated people who miss the driveway have to go to the corner and drive all the way around the block and feels this is a problem that needs to be addressed. Mrs. Archer stated she went by the property to see the signs and commented that there are two very attractive pineapples on the west elevation and two pineapples on the south elevation and two pineapples on the southern side of town and now there are going to be two pineapples on the north side of town. Mrs. Archer stated the pineapples themselves are so beautiful and feel that they call attention to them. Mrs. Archer asked Mr. Pugliese if he would consider just having the pineapples and not the sign? In response, Mr. Pugliese stated that if he cannot have this sign then the project is doomed. Mr. Pugliese stated people are going to pass the driveway and are going to find it to be an inconvenience to have to go around the block. Mrs. Archer suggested that Mr. Pugliese keep the pineapples with a smaller sign. Mr. Pugliese stated he could eliminate the two pineapples off the sign and have just the sign but he feels the verbiage and the signage is more important than the pineapples. Mr. Levinson stated even without the pineapples, Mr. Pugliese is at 31 feet so that is in excess of the 20 square foot to be within the setback. Secondly, Mr. Levinson commented that the pineapples could be placed somewhere else on the property and just would not be adjacent to the sign. Mr. Levinson stated there are places within the property where the pineapples could still be utilized because they are attractive. However, Mr. Levinson suggested that the pineapples not be included in the calculation of the sign. Ms. McCarthy stated she applauds how well the applicant has worked with the City. Ms. McCarthy stated the Commission has to deal with the City Codes and the Signage Codes as they are written at this time. Ms. McCarthy moved to approve to deny the request for a waiver to Section -15- 09/19/01 4.6.7(G)(7) of the Land Development Regulations Governing Sign Codes, seconded by Mr. Levinson. At this point, Mr. Perlman stated he could make the argument with the way the project is situated that there is a hardship. Mr. Perlman stated this is a critical project for Pineapple Grove and will support this. Ms. McCarthy concurs with comments expressed by Mr. Perlman and feels this is indeed a beautiful project. Ms. McCarthy stated this project is taller than the project that is on the street frontage and is a beautiful color. Ms. McCarthy stated she understands why the applicant would not want people to miss the entrance. She stated that is why one of the suggestions was to take and put the signs at the entrance so people know the way to enter in and that the pineapples be put in the walkway. Ms. McCarthy stated she feels the applicant can resolve and fix this concern because she does not think this project will fail. Mayor Schmidt stated if the pineapples were moved somewhere else on the property; he could support a waiver for the size of the sign (31 square feet vs. 20 square feet) because it then would be consistent with the other size. Mrs. Archer stated she concurs with comments expressed by Mayor Schmidt. Mrs. Archer stated she is in favor of denying the current motion and making a new motion that the sign be allowed to be posted at 31 square feet without the pineapples. The City Attorney asked if the maker of the motion would like to accept the amendment or vote on the substitute amendment first? Ms. McCarthy stated she accepts the amendment to the motion. Mrs. Archer moved to approve to grant a waiver so that the sign be allowed to be 31 square feet as opposed to the 20 square feet currently allowed, predicated on the removal of the two pineapples, second by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - No; Mrs. Archer - Yes. Said motion passed with a 4 to 1 vote. 10.D. RESOLUTION NO. 55-01 (MILLAGE LEVY): A resolution levying a tax on all properties within the City of Delray Beach for operation and maintenance, and for payment of principal and interest on bonded indebtedness for FY 2002. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 55-01: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO -16- 09/19/01 ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 55-01 is on file in the City Clerk's office). 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 the millage rate of 8.00 mills is five one hundredths of a mill more than fiscal year 2001. The rolled back rate calculated under the TRIM law for operating purposes is 6.6423 mills. The millage rate is 12.46% above the rolled back rate. Mayor Schmidt stated the resolution is to set the millage at 8.00 mills (7.37 mills for operation and maintenance of the General Fund and 0.63 mills for the payment of principal and interest on bonded indebtedness). Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission on this resolution, the public hearing was closed. For the benefit of the public, Mrs. Archer commented that this is 0.1 mills less than what was originally anticipated and stated she is pleased that the Commission is not in a position of having to raise the rate any higher. Mrs. Archer moved to adopt Resolution No. 55-01 with the millage rate of 8.00 mills as indicated on Second and FINAL Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. Prior to the vote, Mr. Perlman stated he has sat with the City Manager reviewing the budget at length. Mr. Perlman stated the measure of a good budget is whether this advances the community's goals. Mr. Perlman stated this is a good budget and considering the hit that was taken with regard to the Police and Fire Pension Fund, the amount of money invested the City invested in the Police Department, the increased tip to the CRA, and the enormous insurance premium for health insurance. Overall, Mr. Perlman reiterated that he feels this is a remarkable budget and commended the City Manager for keeping it within reason. Mayor Schmidt echoed the comments expressed by Mr. Perlman. 10.E. RESOLUTION NO. 56-01 {MILLAGE LEVY/DDA): A resolution levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2002. Prior to consideration of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 56-01: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL -17- 09/19/01 PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 56-01 is on file in the City Clerk's office). The City Attorney stated this resolution levies a tax in the amount of 1.00 mill on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2001-02. This millage exceeds the 0.8564 rolled back rate calculated under the TRIM law by 16.77%. 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 from the public who wished to address the Commission on this resolution, the public hearing was closed. Mr. Perlman moved to adopt a Resolution No. 56-01 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. 10.F. RESOLUTION NO. 57-01 {FY 2002 BUDGET ADOPTION): A resolution making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 2001 thorough September 30, 2002. Prior to consideration of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 57-01: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH FOR THE PERIOD FROM THE 1st DAY OF OCTOBER 2001, TO THE BOth DAY OF SEPTEMBER, 2002; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. (The official copy of Resolution No. 57-01 is on file in the City Clerk's office). -18- 09/19/01 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 from the public who wished to address the Commission on the resolution, the public hearing was closed. Mr. Perlman stated he attend a Tourist Development Council Meeting this morning in which there was a prediction that the bed tax was going to be decimated because of what has happened in the economy with the terrorism incident. Mr. Perlman asked if the City Manager if he is comfortable if the City ends up in a rough economic climate for the entire year? In response, the City Manager stated this would have an impact. The primary impact the City of Delray Beach would feel is in State shared revenue, which is largely from sales tax, and the City will have to watch how the revenues come in as the year progresses. The City has had years before where revenues did not come in as expected and steps were taken to deal with that situation. The City Manager stated the City could cut back on things that we plan to buy. The City Manager stated most capital spending is postponed until January and if need be the City can place a freeze on hiring. The City Manager stated hopefully it will not come to this and stated the City is certainly prepared to if need be. Furthermore, the City Manager stated the City has been conservative in estimating the revenues on that and it could be significantly short or significantly over. The City Manager stated this is a new way of living and collecting the tax and he does not know what the full impact of this will be. The City Manager explained that this is another unknown on top of the national economy. Mr. Perlman moved to adopt Resolution No. 57-01 to include amended Exhibit "A" on Second and FINAL Reading, seconded by Mr. Levinson. 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. IO.F.1. APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN: Accept the Planning and Zoning Board's finding that the proposed Five Year Capital Improvement Plan and FY 2002 Capital Improvement Budget are consistent with the Comprehensive Plan, and approve same. The City Manager pointed out staff recommends amending the Capital Improvement Program to add two projects. One project is the hurricane hardening of the Community Center, which will provide hurricane shelter for 835 people. The City Manager stated the cost is $521,725 to be 90% funded by an Emergency Preparedness Grant from the State and will not be done unless the grant is approved. The second project would be the construction of two-lighted tennis courts at the Catherine Strong Center. The City Manager stated the cost is $143,000 to be 75% funded by a Florida Recreation Development Assistance Program (FRDAP) Grant as part of the "First Save" program initiated by the United States Tennis Association (USTA) in cooperation with the governor's office. The City Manager explained that by amending the Capital Improvement Program to include these two projects would make them more competitive at the State level in applying for these grants. -19- 09/19/01 Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission on this issue, the public hearing was closed. Mrs. Archer moved to approve the five-year Capital Improvement Plan and Capital Improvement Budget consistent with the Comprehensive Plan, and approve as amended to include the two projects, 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. 10.G. ORDINANCE NO. 46-01: An ordinance amending Chapter 52, "Water" of the Code of Ordinances by amending Section 52.34, "Water Rates", to provide for increased residential, nonresidential and irrigation rates for FY 2002. Prior to consideration of this ordinance, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 46-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52 "WATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 52.34, "WATER RATES", SUBSECTION 52.34(B), TO PROVIDE FOR INCREASED RESIDENTIAL, NONRESIDENTIAL AND IRRIGATION RATES FOR FY 2002; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 46-01 is on file in the City Clerk's office). 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 read the caption of the ordinance. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission on this ordinance, the public hearing was closed. Mr. Perlman commented that he has received a few letters and telephone calls regarding this issue. Mr. Perlman stated he has informed the people that this is on the City's legislative wish list and stated there was a perception that people are being penalized for conserving water. Mr. Perlman stated he sees it as the City is getting hit with a $4.2 million bill from the Federal Government that needs to be paid for and feels the City has done a good job with holding the rates. Mr. Perlman moved to adopt Ordinance No. 46-01 on Second and FINAL Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - -20- 09/19/01 Yes. Said motion passed with a 5 to 0 vote. 10.H. ORDINANCE NO. 47-01: An ordinance amending Chapter 53, "Sanitary Sewers", of the Code of Ordinances by amending Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", to provide for increased residential and nonresidential/commercial rates for FY 2002. Prior to consideration of this ordinance, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 47-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53, "SANITARY SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 53.130, "USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER SURCHARGE", SUBSECTION 53.130(D), TO PROVIDE FOR INCREASED RESIDENTIAL AND NONRESIDENTIAL/COMMERCIAL RATES FOR FY 2002; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 47-01 is on file in the City Clerk's office). 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 read the caption of the ordinance. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission regarding this ordinance, the public hearing was closed. Mr. Perlman stated the water rates have not been raised since October 1997. Mr. Perlman moved to adopt Ordinance No. 47-01 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. Prior to the vote, Mrs. Archer stated that this equates to an increase of lA a percent for a residential customer billed for 12,000 gallons of sewer service. Mr. Levinson stated there was a concern raised at a previous meeting with regard to what is classified as an "average customer" and inquired if anything was determined regarding this? Joe Safford, Finance Director, stated there was really no time to run the program. However, Mr. Safford stated the number is quite high because the multi-family homes are calculated on a per unit basis. Therefore, Mr. Safford stated if you take a multi-family complex -21- 09/19/01 that is on a master meter and divide it by the number of units, that is also added in. Mr. Safford stated that is why there are a large number of people that use under the 6,000 gallons average. Mr. Safford stated the average single family resident uses approximately 12,000 gallons. I0.I. ORDINANCE NO. 48-01: An ordinance amending Chapter 51, "Garbage and Trash", of the Code of Ordinances by amending Section 51.70, "Regular Charges Levied", to provide for contracted garbage, trash, recycling, vegetation and bulk waste collection service rates for FY 2002. Prior to consideration of this ordinance, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 48-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASED RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 2002; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 48-01 is on file in the City Clerk's office). 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 read the caption of the ordinance. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding this ordinance, the public hearing was closed. Mr. Perlman moved to adopt Ordinance No. 48-01 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; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 10.J. ORDINANCE NO. 49-01: An ordinance amending Chapter 96, "Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", of the Code of Ordinances to adjust the fee schedule for emergency medical transportation in accordance with the National American Fee Schedule. Prior to consideration of this ordinance, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 49-01: -22- 09/19/01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 96.66, "EMERGENCY MEDICAL TRANSPORTATION FEES", SUBSECTION 96.66(A), TO ADJUST THE FEE SCHEDULE FOR EMERGENCY MEDICAL TRANSPORTATION IN ACCORDANCE WITH THE NATIONAL AMERICAN FEE SCHEDULE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 49-01 is on file in the City Clerk's office). 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 read the caption of the ordinance. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding this ordinance, the public hearing was closed. Mr. Perlman moved to adopt Ordinance No. 49-01 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 10.K. ORDINANCE 50-01: An ordinance repealing Chapters 57 and 58 of the Code of Ordinances, and creating a new Chapter 57 entitled "Right-of-Way Application Process for Communications Facilities"; amending Chapter 50, "Utilities Generally; Public Service Tax", by deleting all references to Telecommunications Facilities; amending Chapter 93, "Cable Television" by removing the requirement to pay Franchise Fees to the City; providing for reservation of rights and remedies. Prior to consideration of this ordinance, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 50-01: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, RELATING TO COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS-OF-WAY BY REPEALING CHAPTERS 57 AND 58 AND CREATING A NEW CHAPTER ENTITLED "RIGHT-OF-WAY APPLICATION PROCESS FOR COMMUNICATIONS FACILITIES"; AMENDING CHAPTER 50, "UTILITIES GENERALLY; PUBLIC SERVICE TAX" BY DELETING ALL REFERENCES TO -23- 09/19/01 TELECOMMUNICATIONS FACILITIES; AMENDING CHAPTER 93, "CABLE TELEVISION" BY REMOVING THE REQUIREMENT TO PAY FRANCHISE FEES TO THE CITY; PROVIDING FOR RESERVATION OF RIGHTS AND REMEDIES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 50-01 is on file in the City Clerk's office.) 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 read the caption of the ordinance. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission regarding this ordinance, the public hearing was closed. Mr. Levinson moved to adopt Ordinance No. 50-01 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. ll.A. City Manager's response to prior public comments and inquiries. The City Manager had no comments or inquiries to prior public comments and inquiries. 11.B. From the Public. ll.B.1. Jim Smith~ 1225 S. Ocean Boulevard~ politely asked the Commissioners to sit up in their chairs and speak directly into the microphones because it is difficult to hear what they are discussing. Mr. Smith thanked Paul Dorling, Planning Director, for his time in explaining the Beach Renourishment System and feels he is a very valuable employee. Also, Mr. Smith thanked Scott Aronson, Parking Management Specialist, who has been working with him and the Florida Department of Transportation (FDOT) along with the Seagate Hotel in alleviating the valet parking problem. Mr. Smith stated it appears that the Seagate Hotel has eliminated the swale parking on the west side of A-1-A. Mr. Smith stated there is going to be a meeting this Friday with the Florida Department of Transportation and Mr. Aronson to look at other things in the area such as a "No Passing Zone" on A-1-A from Linton Boulevard through Atlantic Avenue. Mr. Smith stated they are looking into the possibility of putting in a 30-mile an hour speed limit sign heading northbound. Also, Mr. Smith explained that they are looking at the possibility of extending the walking or the jogging path on the west side of the road so that it will cross to the east side a little easier. Mr. Smith stated that it is very -24- 09/19/01 confusing where to cross and the idea is to extend the sidewalk on the west side of the Seagate Hotel property to Casuarina Road where there is a traffic light. Lastly, Mr. Smith stated he has not yet received an answer regarding the system he proposed to use a citizen volunteer police patrol to recognize the graffiti (i.e. graffiti spotters). Mr. Smith stated he understands the City is working with the Police Department to see if this is possible. Mr. Smith stated that in essence the graffiti removal people would only remove the graffiti and the other people spotting the graffiti is free. Therefore, Mr. Smith feels this would be a valuable double check for the system. ll.B.2. Deborah Howard~ 1005 Ingraham Avenue~ stated she has written letters to the City expressing her concerns of the construction project that is going on for the last ten months in her neighborhood. Ms. Howard stated she feels the neighborhood has been treated unfairly in terms of communication and information with this project. Ms. Howard stated it has been a frustrating ten months with regard to the parking conditions, noise, and mess created from the construction company (Tel-Con). Ms. Howard stated she would like some guarantee from the construction company that after the project is completed, her property will be brought back to its original condition before this construction started. Mayor Schmidt informed Ms. Howard that when he received her letter he asked the City Manager to follow-up on her request with the contractor. ll.B.3. Alice Finst~ 707 Place Tavant~ stated she attended the Rules Making Committee Meeting for the Citrus Canker 1900-foot radius rules in Broward County. Ms. Finst stated she was extremely pleased to see that a number of Legislators from Broward County came to speak in opposition to these rules making. Apparently, Ms. Finst stated the Department of Agriculture never appropriately made the rules to cut down the trees at 1900 feet. Ms. Finst explained that thousands of trees were cut down with no legal basis for what they were doing and they are now trying to go back and re-write the rules for these public hearings. The next public hearing will be held on Wednesday, October l0th from 10:00 a.m. - 1:00 p.m. Ms. Finst encouraged the Commission to invite some of our Legislators to attend the meeting and speak on behalf of the City. Ms. Finst stated on Friday, September 21st there will be a trial held at the South County Courthouse for Christopher Alexander who was arrested by the Sheriff from the Department of Agriculture for refusing to allow tree cutting crews on his property. Ms. Finst stated public support would be very useful and encouraged the Commission to attend this trial. Ms. Finst thanked Richard Bauer, Code Enforcement Administrator, for the policy that he now has on weekends for leaving his cell phone number when a citizen calls about Code Enforcement activities. Ms. Finst stated this is very helpful and keeps the public in touch. Ms. Finst thanked Mayor Schmidt and Janet Meeks, Education Coordinator, and the Delray Beach Education Board for presenting a resolution to Spady Elementary School last week congratulating Spady students on the reading, math, and writing performances on the FCAT. -25- 09/19/01 At this point, the time being 8:10 p.m., the Commission moved to Item 9.B. 9.B. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE (ALL AMERICA CITY CELEBRATION): Approve a request to allow Art & Jazz on the Avenue to be held on Thursday, October 18, 2001, from 6:00 p.m. to 11:00 p.m. Request includes approval of the temporary use permit and street closure (Atlantic Avenue from Swinton Avenue to NE 7th Avenue, Railroad Drive from Atlantic Avenue to NE 2nd Street and the use of Veterans Park), staff support for security and traffic control, banner hanging and removal, barricade set up and removal, clean up, use and set up of City stages. Robert A. Barcinski, Assistant City Manager, stated this is a request for the Commission to endorse Art & Jazz on the Avenue scheduled for October 18, 2001 from 6:00 p.m. to 11:00 p.m., to grant a temporary use permit per LDR 2.4.6(H) for various street closures. Mr. Barcinski stated for this event they are also requesting street closure of N.E. 2nd Avenue to N.E. 2nd Street but leave N.E. 1st Street would be left open. Mr. Barcinski stated this Art & Jazz on the Avenue would include the All America City celebration, which will include a parade along Atlantic Avenue and a cake cutting ceremony. The estimated overtime cost for this event is $7,300. At the last event, the overtime costs were $7,130 and the City has capped this amount at $6,500. Mr. Barcinski stated the City has the certificate of insurance and the hold harmless agreement. The Downtown Joint Venture is requesting endorsement of the event as well as the permits and asking that due to this being an All America City Celebration that all the overtime costs be waived. Mr. Levinson suggested that the City send an invitation to certain people of the Legislative Delegation, County officials, and possibly Federal officials. Mr. Levinson stated the last couple of weeks have been rather hectic and feels since this is a unique event for the City we could include others. Mr. Perlman moved to approve the special event request for Art & Jazz on the Avenue to be held on Thursday, October 18, 2001, from 6:00 p.m. to 11:00 p.m., including waiving all overtime costs, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.C. RESOLUTION NO. 59-01 (YEAR-END BUDGET ADJUSTMENTS): Consider approval of Resolution No. 59-01 making year-end adjustments to the adopted budget for FY 2001. The caption of Resolution No. 59-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 71-00 ADOPTED SEPTEMBER 19, 2000, AND RESOLUTION 32-01 ADOPTED MAY 1, 2001, WHICH MADE APPROPRIATIONS OF SUMS OF MONEY -26- 09/19/01 FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 2000/2001, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 2000/2001; REPEALING ALL RESOLUTIONS INCONSISTENT HEREWITH. (The official copy of Resolution No. 59-01 is on file in the City Clerk's office.) Mr. Levinson moved to approve Resolution No. 59-01, 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. 0.D. REJECTION OF BID/ALL-RITE PAVING CONTRACTORS, INC./NE 4TM STREET FROM NE 2ND AVENUE TO FEDERAL HIGHWAY: Approve the rejection of bid to All-Rite Paving Contractors, Inc., for the NE 4th Street from NE 2nd Avenue to Federal Highway project. Sixty days have passed since the bid opening and the contractor is not willing to hold the bid prices. Dick Hasko, Director of Environmental Services, stated at this point, this is a housekeeping issue. At the June 12th Workshop Meeting, this item was discussed at length. It was the consensus of the Commission to look for alternatives to constructing 3 lanes on N.E. 4th Street and the replacement of Mahogany trees as well as looking into underground utilities. Mr. Hasko stated staff advertised this project for bid, staff opened the bids and everything was in limbo and now the low bidder is only obligated to honor his bid for sixty days. Mr. Hasko stated the City has gone past that sixty day period and explained the contractor has indicated he is unwilling to continue to honor his bid. Therefore, Mr. Hasko stated the City has to go through the formality of tossing out all the bids and going through the bid process again. Mr. Hasko stated staff would need direction on what to do with this area. Mr. Hasko stated the Commission had asked staff for additional information which staff is still wrapping up. Mr. Hasko stated he is not sure what impacts any of the activities will have with regard to the property owner's proposal (to the north). Mr. Hasko stated the City has an obligation with the County because the City will be receiving a reimbursement of approximately $240,000 for the work. Mr. Hasko stated that the City is to begin construction on this piece in October and stated the agreement states the following: "The County shall only have this reimbursement obligation for invoices received from the CITY prior to August 15, 2003." Mrs. Archer asked if it would take another 90 days to re-bid this? In response, Mr. Hasko stated the first thing that has to be done is for the Commission to decide whether they wish to stay with the original design, stay with the alternative design, or do anything at all before this project is re-bid. Mr. Hasko stated there was an alternative to potentially shift the section of the roadway to the south and take out the trees on one side. With regard to burying the FPL lines -27- 09/19/01 underground, Mr. Hasko stated this is a moot point because staff determined that whether the lines are relocated overhead or underground, the trees are still in the way. Mr. Hasko feels staff has not provided the Commission with enough information and suggested that this item be placed on an upcoming Workshop Agenda for further discussion. Mr. Perlman moved to approve the rejection of the bid to All-Rite Paving Contractors, Inc., for the N.E. 4th Street from N.E. 2nd Avenue to Federal Highway project, with the direction of placing this project on a Workshop Agenda, 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.E. AWARD AGREEMENT/NOVA INFORMATION SYSTEMS, INC. & IMPERIAL BANK: Consider an agreement between the City and NOVA Information Systems, Inc., and Imperial Bank for credit card services at the Delray Municipal Golf Course and Lakeview Golf Course pro shops. Joe Safford, Finance Director, stated that a few weeks ago the City awarded the software package for the Municipal Golf Course and Lakeview Golf Course. Mr. Safford stated this was done because the other software was outdated and the company went out of business. The software vendor used a specific network for its handling of credit card transactions that being the Nova Network. Mr. Safford explained that the City had an existing contract, which did not expire until 2003 with another network. Mr. Safford stated the City began negotiations and network rates were higher than the Commission is approving this evening. The vendor came down on its fees to what we are currently being charged on the present network. Secondly, the City had to negotiate with the present provider. Since the present provider also provides those services for other facilities and those contracts are still in place, the provider will not charge the City any type of contractual penalty for reducing the volume that was in the golf course. Mr. Safford stated this is a request before Commission to approve the contract with Nova Network to handle both golf courses at no increased cost to the City. Mr. Safford stated this is considered a sole source provider because they are the network that is used by the Software Company and are a very reputable and a very large network. Mrs. Archer moved to approve to award an agreement between the City and NOVA Information Systems, Inc., and Imperial Bank for credit card services at the Delray Beach Municipal Golf Course and Lakeview Golf Course, 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. CITY ATTORNEY EVALUATION. Mayor Schmidt stated as an attorney, he has been quite pleased with the performance of the City Attorney's office. Mrs. Archer stated she has truly appreciated the City Attorney's direction and -28- 09/19/01 fortitude over this past year. Mrs. Archer stated she feels it has been a difficult year and the City Attorney has given the Commission good direction to procedural issues and stated her performance as been exemplary. Mrs. Archer stated she would like to recommend that the City Attorney receive the maximum five percent (5%) performance increase. Mrs. Archer moved to approve a five percent (5%) performance increase for the City Attorney, 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 vote, Mr. Perlman stated he filled out the performance appraisal form and read a few of his comments for the benefit of the public. Mr. Perlman stated the City Attorney communicates regularly on legal issues and takes time to explain complex agenda items. Mr. Perlman feels she has done a fine job with some difficult tasks such as Charter Review. Mr. Perlman also commented that the City Attorney is a terrific ambassador and public servant. Mr. Perlman stated he has developed a strong rapport with the City Attorney and he is very comfortable with asking her questions. Mr. Perlman feels the City Attorney has developed a great team whom are motivated to go above and beyond the call of duty (i.e. citrus canker issue). Ms. McCarthy stated for the City Attorney to explain things that are difficult in nature to Jeff Perlman would be relatively easy in comparison to explaining it to her. Ms. McCarthy feels the City Attorney does an excellent job to help prepare the Commission for situations. Ms. McCarthy stated she feels it is more important to know when and when not to speak out than to be assertive or aggressive on a continuous basis just to have something to say. Ms. McCarthy feels the City Attorney has fashioned herself appropriately and handles her job the way it is most appropriate for the City' s needs. Mr. Levinson stated he had the opportunity to sit with the City Attorney today and feels she is doing a very good job. 9.G CITY MANAGER EVALUATION. Mayor Schmidt stated he wholeheartedly supports the job that the City Manager is doing. Mr. Perlman stated he feels the City Manager is a strategic thinker and has a handle on all major issues. Mr. Perlman stated the City Manager is outstanding at seeing opportunities and acting upon them. Mr. Perlman stated what impresses him the most about the City Manager is that he has a vast knowledge of municipal government and his vast knowledge of many issues. Mr. Perlman stated the City Manager knows where every dime is spent and this makes him feel very comfortable. Mr. Perlman stated the City Manager makes recommendations totally based on the facts. Mrs. Archer stated she would have to ditto comments expressed by Mr. Perlman and Mayor Schmidt. Mrs. Archer stated Delray Beach is exceptionally lucky to have had Mr. -29- 09/19/01 Harden as the City Manager for so many years and hopes it continues for a long time to come. Mr. Levinson stated he had the opportunity to sit with the City Manager today and he too feels the City Manager is doing a very good job. Ms. McCarthy stated that every time she meets with the City Manager he always knows how she feels. Ms. McCarthy stated the City Manager does his job very well and feels he does an exceptional job with managing the dollars and knowing where the money is being spent. Mrs. Archer moved to approve a five percent (5%) performance increase for the City Manager, 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. 9.H. POSSIBLE RECONSIDERATION OF HOTEL VISTA DEL MAR APPEAL: To possibly reconsider the Hotel Vista Del Mar Appeal to a date certain of October 2, 2001. Mrs. Archer moved to reconsider the hearing of the Hotel Vista Del Mar appeal to a date certain of October 2, 2001, seconded by Mr. Levinson. 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. Prior to the vote, Mayor Schmidt stated that the Commission is willing to hear this on October 2nd, and stated he would like the public to understand that this does not mean that the Commission is reversing their vote. 12. FIRST READINGS: 12.A. ORDINANCE NO. 51-01: An ordinance annexing into the City the Fanelli property located on the east side of Military Trail, north of Atlantic Avenue (immediately east of the Boys Farmers Market) and establishing initial zoning of GC (General Commercial) for the property. If passed, a quasi-judicial (as to zoning) public hearing will be scheduled for October 2, 2001. Prior to consideration of this ordinance, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 51-01: N ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE EAST SIDE OF MILITARY TRAIL, NORTH OF WEST ATLANTIC AVENUE (IMMEDIATELY EAST OF THE BOYS FARMERS MARKET), AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; -30- 09/19/01 REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 51-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Jeff Costello, Principal Planner, stated this is being processed in conjunction with the Future Land Use Map Amendment (FLUM) 2001-01 which will be before the Commission on October 2, 2001, at which time a quasi-judicial public hearing will be held with regard to the zoning and staff recommends approval. The City Manager stated staff is also working with the owner of the Post Office piece to complete the entire project and end up with an entrance that works for both properties so that they do not conflict with each other. Mr. Perlman moved to approve Ordinance No. 51-01 on FIRST Reading, 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. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager. With regard to his performance evaluation, the City Manager stated he appreciates the continued confidence and support from the Commission. In addition, the City Manager stated it is a great pleasure to work with the City Attorney. He feels they work well together and concurs with all the comments expressed about her. Secondly, the City Manager announced that on Saturday, September 22nd he would fly to Salt Lake City for the International City Manager's Association Conference. The City Manager stated he would be out of town from Saturday, September 22nd through Wednesday, September 26th. 13.B. City Attorney. With regard to her performance evaluation, the City Attorney thanked the Commission for their continued support. Secondly, the City Attorney thanked Jay Jambeck, Assistant City Attorney, for the wonderful job he has done for the last three years. Mr. Jambeck stated he has enjoyed -31- 09/19/01 working with the entire City Attorney staff and feels Delray Beach is a very special place. Mr. Jambeck stated he would be leaving the City to take a job with Sachs Sax & Klein, P.A. 13.C. 13.C.1. City Commission. Commissioner Levinson Mr. Levinson stated at the DMBA Meeting this morning it was brought up that where the valet parking signs are along Atlantic Avenue the City has removed the signs with the parking rules when the valet is not on duty. Mr. Levinson stated there are in fact valet parking signs with no parking direction signs on them and commented that maybe these were removed to prevent clutter. However, Mr. Levinson stated in those spaces there is no direction as to what the normal parking is other than during those hours. With regard to E-mail regarding some of the traffic issues around the City, Mr. Levinson commented about whether or not the Commission can possibly get on any of these E- mail lists without having to go through the Chamber's Web site. Mr. Levinson stated he spoke to Ms. Howard and stated before the City releases any kind of payment to the construction company he feels the City should hold their feet to the fire because there has clearly been a long drawn out time with regard to this project. Lastly, Mr. Levinson stated that he attended the Tropic Isle Board of Directors Meeting and gave a report to the residents regarding the dredging. Mr. Levinson stated this has lingered on for some time and has been subject to great debate and misinformation. Mr. Levinson stated he now feels the meeting has helped to clear up any misconceptions and many unanswered questions. 13.C.2. Commissioner McCarthy Ms. McCarthy stated she is glad that everyone is here and safe. Ms. McCarthy stated she certainly hopes that anyone who has family that have been touched directly by the catastrophe that struck America on September 11th are okay and that they have been aided by prayer. Ms. McCarthy stated that the City is open and receptive to communication from people who have been affected. Ms. McCarthy stated there are many organizations that have put together fundraisers or places where one can send dollars to help victims of the catastrophe. Ms. McCarthy stated there is information available and she would be glad to funnel this information to City Hall so if people would like to help they can do so. She indicated that the Real Estate industry has joined together to assist with those in danger of loosing their homes. The City Manager stated the Commission should have received a letter from the United Way that talks about a special fund they have set up for those people who would like to contribute. Ms. McCarthy stated the Red Cross has been very assertive in making sure that there are listings in the newspaper in the television media and radio as well. -32- 09/19/01 13.C.3. Commissioner Perlman Mr. Perlman wished Jay Jambeck well and stated he has done a great job while being employed with the City. Mr. Perlman feels Mr. Jambeck is joining a very good firm. With regard to the Yachting Magazine, Mr. Perlman stated the Tourist Development Council has taken on a special section, which references downtown Delray Beach as a destination, it will appear in the October issue. Mr. Perlman stated he attended a meeting of community chat on eminent domain and stated apparently there is some misinformation being spread throughout the southwest of the CRA's and the City's intention of purchasing homes and displacing people. Mr. Perlman stated there was a very good speaker that laid out what eminent domain is all about. Mr. Perlman stated Thursday evening the CRA committed $50,000 a year for five years to dedicate to the West Settlers Historic District and publicly commended the CRA for the long-term commitment they are making. Lastly, Mr. Perlman stated although he has not appeared on the national media, newspapers contacted him across the country as well as some international press taking about the irony about the All America City harboring terrorists. Mr. Perlman stated he explained that this was in no way a reflection of Delray and stated that we all know people who were personally touched by this. Mr. Perlman stated the City will get through this and feels that no matter how evil the nine terrorists were, it can not undo the spirit of this City or its people. Mr. Perlman commented about the community service that was held last Friday at the Community Center. Mr. Perlman stated it was wonderful to see everyone unified and feels it was a great event. 13.C.4. Commissioner Archer Mrs. Archer congratulated Jay Jambeck in his new endeavor. Mrs. Archer commented that the Rotary Club has also set up a fund for forwarding dollars to try and assist people who are particularly homeless or need additional support. In addition, Mrs. Archer stated the Rotary Club has also agreed to do matching funds. Mrs. Archer stated a local newspaper contacted her and she was asked the following question: "Was it unfortunate that Delray had been associated with the terrorists and did she think that this would have a major reflection on the City?" Mrs. Archer stated she informed the newspaper that she really did not think that it would. Mrs. Archer stated that Delray Beach is a beautiful place and it is unfortunate that even the terrorists thought so. Mrs. Archer feels Delray Beach is also a place where the terrorists would have a lot more opportunity to blend in as opposed to the mid- west where it is not as multi-cultural. Mrs. Archer stated she was also asked, "Would she look at her neighbors differently or other individuals differently now that this has transpired?" Mrs. Archer stated she had to say no because she feels we need to accept people at face value and feels it is not her job to go around and check the background of individuals. Mrs. Archer feels this is another area of the government and feels her job for the City is to try and maintain our continuity, our community, and the village-like atmosphere. Mrs. Archer stated she cannot be -33- 09/19/01 looking at her neighbors trying to decide whether or not they are terrorists. 13.C.5. Mayor Schmidt Mayor Schmidt stated he has spent a lot more time with the media this past week for some very unfortunate reasons. Mr. Levinson stated he has received E-mails from friends around the country who have said that the Mayor did an excellent job with regard to his on camera appearances. There being no further business, Mayor Schmidt declared the meeting adjourned at 8:55 p.m. ATTEST: City Clerk 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 September 19, 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. -34- 09/19/01 looking at her neighbors Ixying to decide whether or not they are terrorists. 13.C.5. Mayor Sehmidt . Mayor Schmid~ stated he has spent a lot more time-with the media this past week for some very unfortunate i'easons. ~ ~ ' Mr. Levinson stated he has received E-mails from fi/ends around the country who have said that the Mayor did an excellent job with regard to his on camera appearances. at 8:55 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 September 19, 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. -34- 09/19/01