Loading...
11-06-01NOVEMBER C 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, November 6, 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 Deputy City Clerk Angela Wong o prayer. Reverend Keith Johnson, St. Matthews Episcopal Church delivered the opening o The Pledge of Allegiance to the United States of America was given. o AGENDA APPROVAL: Mayor Schmidt stated the applicant has requested that Item 8.B., Subdivision Plat Approval/Culligan, of the Consent Agenda be pulled. Also, Mayor Schmidt pulled Item 8.A., Final Plat Approval/Siemeus-Evert Service Campus from the Consent Agenda and moved it to the Regular agenda as Item 9.A.A. because of a conflict of interest. Mr. Levinson moved to approve the Agenda as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. APPROVAL OF MINUTES: Mr. Perlman moved to approve the Minutes of the Regular Meeting of October 2, 2001, as presented, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. Mayor Schmidt noted a correction to the third paragraph on page 10 of the minutes of October 16, 2001. The sentence should read as follows: "Mayor Schmidt declared the public hearing open." and the following statement should be deleted: "There being no one from the public who wished to address the Commission, the public hearing was closed." The City Clerk so noted. Mr. Perlman moved to approve the Minutes of the Regular Meeting of October 16, 2001, as corrected, 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. PROCLAMATIONS: 6.A. Proclaiming November 2001 as "JOEY BERGSMA RETINOBLASTOMA AWARENESS MONTH" Mayor Schmidt read and presented a proclamation hereby proclaiming November 2001 as "Joey Bergsma Retinoblastoma Awareness Month". Pam Bergsma (grandmother) came forward to accept the proclamation. o PRESENTATIONS: 7oA. Presentation by the South West President's Association Cynthia Ridley, speaking on behalf of Carolyn Gholston, Committee Chairman of the South West President's Association thanked the following individuals for their volunteerism on the day of the Multi-Cultural Festival and presented them with a plaque: Marjorie Ferrer, Police Department for Mad Dads, Major McCollum, DDA, Regina Scott for Weed and Seed, Commissioner McCarthy, Commission Perlman, and Commissioner Levinson. 7.B. Employee Suggestion Award to Robert Bullard, Utility Maintenance Manager Dick Hasko, Director of Environmental Services, recognized Robert Bullard, Utility Maintenance for proposing to replace originally installed sludge transfer pumping equipment with a lower maintenance higher efficiency dry pit submersible pump/variable frequency drive (VFD) configuration. Mr. Bullard's suggestion has an annual cost savings of $9,200. Mayor Schmidt presented Mr. Bullard with a check in the gross amount of $1,842. 7oC. Employee Suggestion Award to Clayton Gilbert~ Utility Supervisor Dick Hasko, Director of Environmental Services, recognized Clayton Gilbert, Utility Maintenance Manager for proposing to replace a traditional mechanical process control system with a technologically advanced electric flow control system operable remotely via telemetry. Mr. Gilbert's suggestion will have an annual cost savings of $12,700. Mayor Schmidt presented Mr. Gilbert with a check in the gross amount of $2,548. -2- 11/06/01 7.D. Advisory Attendance Committee (ABC) Proposed Boundaries for Delra¥ Beach schools for 2002 Janet Meeks, Education Coordinator stated the Advisory Boundary Committee (ABC) for Palm Beach County School District is currently discussing new boundaries for Delray Beach schools for the opening of the school year 2002. Ms. Meeks stated last year staff looked at boundaries for Carver, Orchard View and Plumosa Elementary. One of the concerns, was the re-culturing of the schools. Ms. Meeks stated the Committee came up some different boundary scenarios along with community members. With regard to the boundaries for Carver Middle School, these boundaries are in place this year. The boundary changes for Orchard View and Plumosa Elementary were delayed for one year. The Advisory Boundary Committee (ABC) is currently looking as seven different boundary scenarios for Delray Beach Schools. Two proposals are from the ABC, one from the City of Delray Beach, and one from Boynton Beach, which have been carried over from last year. In addition, three new proposals are under review including two from an individual and one from the District that takes concurrency into consideration. The current boundary proposals under consideration do not include any information on race and are based solely on capacity issues. All of the boundary proposals, except for the Delray Beach proposal eliminates the pockets, which puts us back to the starting point from last year for Orchard View and Plumosa Elementary schools. Banyan Creek boundaries will be changed to provide enrollment relief next year. Ms. Meeks stated in the agenda packet she included the new "Attendance Zone Criteria". This year the Board will only be looking at transportation related issues and feeder patterns. Ms. Meeks explained the feeder system is where there are four or five elementary schools and you feed them into one or two middle schools and then feed them into one high school. Therefore, the children go consistently through elementary school and high school together. Ms. Meeks pointed out that this year they would allow the public to speak before each presentation by staff. Mayor Schmidt stated he still supports what the Commission discussed last year. Ms. Meeks suggested leaving the Delray Beach School boundaries alone this year and loading up the two new schools. Ms. Meeks stated Banyan Creek Elementary School will be affected, but there is no negative impact on the school. Ms. Meeks stated there would be diverse culture because it houses the gifted program. Ms. Meeks stated Pine Grove Elementary School might get thrown into the boundary scenarios. Ms. Meeks stated there was some brief discussion at the last meeting about the possibility of leaving the boundaries in South County. Ms. Meeks stated since there was not much deliberation at the meeting, she is not sure how much support there will be from other ABC members. Mayor Schmidt suggested staff to draft a letter to the Chair of the Advisory Boundary Committee (ABC) for the Palm Beach County School District for his signature on behalf of the Commission. Mayor Schmidt stated if something more formal needs to be prepared at a later date, then this could certainly be done. -3- 11/06/01 Mr. Perlman asked what the timetable is for a final decision? In response, Ms. Meeks stated it depends how long ABC will be deliberating. ABC was trying to bring boundary scenarios before the School Board in December. Ms. Meeks stated considering the number of schools that need to be looked at between Boca, Delray and Boynton Beach the School Board may not get to that point. Ms. Meeks stated the next two scheduled meetings for ABC are November 8th at 6:30 p.m. and November 15th at 6:30 p.m. Lula Butler, Director of Community Improvement, explained one of the reasons why all of the schools are affected is not related to the new schools coming online. Ms. Butler clarified that Delray students are not being sent to the Boynton Beach schools and concurrency is triggering this. Mr. Perlman asked if there has been any input from the parent groups at Orchard View Elementary? In response, Ms. Meeks stated she has not had any specific calls yet. However, Ms. Meeks explained one thing that is being done different this year is district staff is to notify municipal leaders, chairman of education boards and education groups. Ms. Meeks stated a few weeks ago staff had a session with all the principals to notify them about all the boundary scenarios. go CONSENT AGENDA: City Manager Recommends Approval. 8oao THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.B. SUBDIVISION PLAT APPROVAL/CULLIGAN: Approve the subdivision plat for Culligan Plat, located on the west side of U. S. Highway No. 1 (southbound), just north of NE 4th Street, which provides for the creation of two lots, and dissolution of a unity of title previously existing between four underlying platted lots. This item has been withdrawn by the applicant. 8oCo RESOLUTION NO. 66-01/ABANDONMENT OF A PORTION OF PALM TRAIL: Approve the abandonment of a portion of Palm Trail, lying approximately 92' south of the centerline of Allen Avenue, adjacent to the east line of Lot 25, and the south half of Lot 26, Block B, Snow Hill Subdivision. The caption of Resolution No. 66-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF PALM TRAIL RIGHT-OF- WAY (ROW) LOCATED APPROXIMATELY 92 FEET SOUTH OF THE CENTERL1NE OF ALLEN AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A UTILITY OVER THE ENTIRE AREA THEREOF, AS MORE PARTICULARLY DESCRIBED HEREIN. -4- 11/06/01 8.D. (The official copy of Resolution No. 66-01 is on file in the City Clerk's office.) RESOLUTION NO. 67-01/ABANDONMENT OF UTILITY EASEMENT/VISTA DEL MAR DRIVE: Approve the abandonment of a 5' utility easement within Lot 15, Plat of Delray Beach Esplande, located on the south side of Vista Del Mar Drive and the Intracoastal Waterway. The caption of Resolution No. 67-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A UTILITY EASEMENT LOCATED WITHIN THE PLAT OF DELRAY BEACH ESPLANADE AS RECORDED IN PLAT BOOK 18, PAGE 39 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN. (The official copy of Resolution No. 67-01 is on file in the City Clerk's office.) 8.t. REQUEST FOR SIDEWALK DEFERRAL/A&V DEVELOPMENT CORPORATION (JASMINE DRIVE): Approve a request from A&V Development Corporation to defer the installation of a sidewalk in front of 3111 Jasmine Drive (Tropic Isles Subdivision). 8.F. FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) PERMIT & HOLD HARMLESS AGREEMENT/RENAISSANCE VILLAGE: Approve the FDOT Utility Permit & Hold Harmless Agreement between the City and Renaissance Village for work performed within the state right-of-way (northbound Federal Highway south of NE lst Street). 8.G. HOLD HARMLESS AGREEMENT/TOWN SQUARE OF DELRAY ASSOCIATION~ INC.: Approve a Hold Harmless Agreement between the City and Town Square of Delray Association, Inc. for the installation of car canopies over parking spaces within an easement located at 75 NE 6th Avenue. 8.H. SURVEY CONSULTING SERVICES AGREEMENTS: Approve the list of firms recommended by the Selection Committee to provide Survey Consulting Services. All agreements are subject to review and approval by the City Attorney. 8.1. INTERLOCAL AGREEMENT WITH SCHOOL BOARD OF PALM BEACH COUNTY/ATLANTIC HIGH SCHOOL BALLFIELDS MAINTENANCE: Approve an Interlocal Agreement between the City and the School Board of Palm Beach County for the City's use of the ballfields at Atlantic High School as well as each party's participation regarding the maintenance of the ballfields. 8.j. AMENDMENT #1 TO THE CLINICAL SERVICES AGREEMENT/DR. RANDALL WOLFF: Approve Amendment #1 to the Clinical Services Unit (CSU) agreement -5- 11/06/01 between the City and Dr. Randall Wolff to provide a place where all City employees may receive routine medical treatment, and the police and fire department employees receive their annual physical exams on site. 8oKo AMENDMENT #1 TO THE CASON COTTAGE LEASE AGREEMENT: Approve Amendment #1 to the lease agreement with the Delray Beach Historical Society to include an additional 1925 historic bungalow style house to be located on the Cason Cottage property. The City will assume responsibility for exterior maintenance only. 8oLo AMENDMENT #3 TO THE LICENSE AGREEMENT WITH DELRAY BEACH ACADEMY/POMPEY PARK FACILITIES: Approve Amendment #3 to the License Agreement with Delray Beach Academy for use of the facilities at Pompey Park, extending the agreement to June 15, 2002. 8omo WAIVER OF CONDITION IN CONTRACTS REGARDING BARWICK ROAD SCHOOL SITE: Approve the waiver of condition in several contracts regarding the Barwick Road School Site; that all parcels need to be under contract within 60 days or any party may cancel the contract; providing that the City may continue to secure agreements with others. 8.N. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB- RECIPIENT FUNDING AGREEMENTS: Approve and authorize the execution of funding agreements with seven (7) subrecipients (Alpha Time Children's Center, Community Child Care Center, Community Neighborhood Helping, Delray Phoenix, Inc., Fair Housing Center of Greater Palm Beaches, Inc., MAD DADs of Greater Delray Beach and Urban League of Palm Beach County) under the Community Development Block Grant (CDBG) program for FY 2002, with the total funding in the amount of $134,650 from various accounts within the CDBG fund. 8.0. SPECIAL EVENT REQUEST FOR 2na ANNUAL DELRAY BEACH THANKSGIVING ART FAIR: Approve a special event request to hold the 2nd Annual Delray Beach Thanksgiving Art Fair on November 24th and 25th from 10 a.m. to 5 p.m., to grant a temporary use permit per LDR Section 2.4.6(H) for the closure of NE 2nd Avenue, from NE 1st Street to NE 4th Street, and to authorize staff support for traffic control and security. 8.P. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Approve a special event request and endorse the Art & Jazz on the Avenue scheduled for December 6th from 6 p.m. to 11 p.m. to grant a temporary use permit per LDR Section 2.4.6(H) for the closure of Atlantic Avenue from Swinton to NE 7th Avenue, the south side of Atlantic Avenue from NE 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic to NE 1st Street, and NE 2nd Avenue from Atlantic to NE 2nd Street, and to authorize staff support for traffic control, security, set up and clean up. 8.Q. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period October 15, 2001 through November 2, 2001. 8oRo AWARD OF BIDS AND CONTRACTS: -6- 11/06/01 1_ Purchase award in the amount of $206,314.94 to Presidio Corporation, for professional computer services and equipment (backbone infrastructure) to be used in various departments. This emergency purchase was made to take advantage of a 37% cost savings. Funding is available from 334-6112-519- 64.40 (Backbone Infrastructure). 2_ Purchase award in the amount of $24,821.85 to Presidio Corporation, for backbone infrastructure management software to be used in connection with the purchase of backbone infrastructure computer equipment. This emergency purchase was made to take advantage of a 37% cost savings. Funding is available from 334-6112-519-64.11 (Computer Equipment). 3_ Purchase award in the amount of $25,517 to Electronic Services, Inc., for replacement of Pump N2 variable frequency drive unit located at the north pump station. Funding is available from 442-5178-536-64.90 (R&R-Other Machinery & Equipment). 4_ Purchase award in the amount of $29,295 via the Broward County Co-op agreement #8998 to Safety Equipment Company for the purchase of 135 sets of replacement boots for use by Fire Department personnel. Funding is available from 115-000-248-64.00. 5_ Purchase award in the amount of $38,434.50 to Municipal Equipment Company for the purchase of 146 helmets for use by Fire Department personnel. Funding is available from 001-2313-522-52.22 for $1,350, 001- 2315-526-52.22 for $18,000, and 115-000-248-64.00 for $19,084.50. 6_ Purchase award in the amount of $31,132.00 to Dale Carnegie Training for Police Department training courses titled "Leadership Training for Managers" as part of a leadership training program for Command Staff. Funds are available from 115-2124-521-54.30 (Training/Educational Cost), as part of the Local Law Enforcement Block Grant 2001. Ms. McCarthy moved to approve the Consent Agenda as amended, 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. o REGULAR AGENDA: 9.A.A. FINAL PLAT APPROVAL/SIEMENS-EVERT SERVICE CAMPUS: Approve the boundary plat for Siemens-Evert Service Campus, located on the southwest corner of S.W. 4th Street and Swinton Avenue, which provides for dedication of right-of-way on S.W. 3rd Avenue. Due to a conflict of interest, Mayor Schmidt stepped down and passed the gavel to Vice-Mayor McCarthy. Paul Dorling, Planning Director, stated this is a plat that was required as a condition of approval for the conditional use and site plan for the 10,093 square foot dormitory -7- 11/06/01 that was recently approved through SPRAB. Mr. Perlman moved to approve the final plat for Siemens-Evert Service Campus, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Vice-Mayor McCarthy - Yes. Said motion passed with a 4 to 0 vote. 9.A. CONDITIONAL USE REQUEST/THE ANTIQUE EXPERIENCE: Consider a conditional use request to allow the establishment of an antique mall (bazaar) to be known as The Antique Experience, located at the southeast corner of East Atlantic Avenue and SE 5th Avenue (southbound Federal Highway). Quasi-Judicial Hearing. Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were noted. The City Attorney stated all involved parties would conduct this item as a quasi- judicial hearing, which allows for presentations, the admission of documents into the record and public testimony. Angela Wang, Deputy City Clerk, swore in those individuals who wished to give testimony on this item. Paul Darling, Planning Director, entered into the record the Planning and Zoning Department's project files #2001-078 and files #1999-242. The proposal is to convert the 11,539 square foot retail space to an antique mall, which will contain 25 booths, 182 display cases and a centrally located cashier station. The request also includes construction of a 23 square foot addition on the west side of the first floor and an 840 square foot new floor area interior to the building on the second floor to accommodate an additional display area. Mr. Dorling stated the required findings with respect to Chapter 3 in Section 2.4.5(E)(5)(Conditional Use Finding), are made in the staff report. The request has generated a need for four additional parking spaces and the applicant will be seeking an in-lieu fee for approximately $48,000. Mr. Dorling stated that will be before the Commission when the site plan is processed. At its meeting of October 25, 2001, the Planning and Zoning Board held a public hearing. After discussion the Board voted 4-0 (Pike abstaining and Hasner and Peltzie absent) to recommend approval of the conditional use request, based upon positive findings with respect to Section 3.1.1 and Section 2.4.5(E)(5) (Conditional Use Finding), and policies of the Comprehensive Plan, subject to the following conditions as listed in the Planning and Zoning Staff Report. Bradley Miller, Miller Land Plannin~ Consultants and representin~ the applicant, stated he would be more than happy to answer any questions the Commission may -8- 11/06/01 have. The City Attorney asked Mr. Miller if he has any questions for Mr. Dorling? Mr. Miller stated they are in full agreement with the Planning and Zoning Staff Report. Mr. Miller stated they have gone to the Parking Advisory Board as well as the Planning and Zoning Board and noted the Board is supporting payment in-lieu of a parking fee. At this point, the City Attorney politely stated that if anyone else from the public would like to speak on this item, they would need to step forward at this time. There being no one else who wished to address the Commission, the quasi-judicial hearing was closed. Discussion by the Commission followed. Mayor Schmidt expressed concern over the narrative in the Planning and Zoning Staff Report, which describes the operation. Mayor Schmidt stated it says, "Four to six employees are anticipated to manage the sales of the antiques and purchases will be controlled at one central cashier location of the first floor of the building." Mayor Schmidt asked staff if that limitation could be placed on the condition of approval because he is concerned with the operation of the business where there may be a lot more dealers coming into the store who would require parking. The City Attorney noted that if the applicant accepts that condition, then it could be added. Mr. Miller stated the parking is based on a square footage standpoint as opposed to the number of employees. The reasoning for the four to six employees is because the applicant would like to control it to avoid the dealers from coming and going. Mr. Miller stated the applicant's intentions are to keep it regulated. Mayor Schmidt stated he does not have a problem will the parking as proposed, but would like to see a limit on the number of employees as set forth in the narrative so that suddenly there is not a change in six months if the concept is not successful. Mayor Schmidt asked that a condition be added to the staff recommendation that there be one centrally located cashier station and no sales from individual booths. He feels this would effectively limit the number of employees. Mrs. Archer asked for clarification whether or not the Parking Management Advisory Board has approved this? In response, Mr. Miller stated that this was approved on October 19th by the Parking Management Advisory Board. Mrs. Archer moved to approve the Conditional Use Request with the additional condition that there be one centrally located cashier station and no sales from individual booths, 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. 9.B. CONDITIONAL USE MODIFICATION REQUEST/BETHEL EVANGELICAL CHURCH: Consider a conditional use modification request associated with -9- 11/06/01 the conversion of two single-family residences to administrative maintenance buildings, increasing the sanctuary seating from 204 to 270 seats, and construction of a stabilized sod parking lot for Bethel Evangelical Church, located at the northeast corner of SW 8th Avenue and SW 8th Court. Quasi-Judicial Hearing. Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were noted. The City Attorney stated this item would be conducted as a quasi-judicial hearing, which allows for presentations, by all involved parties, the admission of documents into the record and public testimony. The City Attorney politely asked those individuals who wished to speak for or against the modification of the conditional use for Bethel Evangelical Church, to come forward to be sworn in. No one from the public came forward to speak with the exception of Paul Dorling who was previously sworn in. Paul Dorling, Planning Director, entered into the record the Planning and Zoning Department's project file #2001-275. On March 7, 2000, the City Commission approved a conditional use modification request for this site to allow the conversion of two (2) single family residences to administrative and maintenance buildings, increase in sanctuary seating from 204 seats to 270 seats, and construction of a stabilized sod parking lot. The improvements were never built and the conditional use approval subsequently expired. Mr. Dorling stated the request would include the addition of 42 parking spaces to accommodate parking. At its meeting of October 15, 2001, the Planning and Zoning Board held a public hearing and the Board voted 5-0 (Hasner and Peltzie absent) to recommend approval of the conditional use modification request, based upon positive findings with respect to Section 3.1.1 and Section 2.4.5(E)(5) (Conditional Use Finding), and policies of the Comprehensive Plan, subject to the conditions listed in the Planning and Zoning Staff Report. There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. Mrs. Archer moved to approve the Conditional Use Modification request subject to the conditions as listed in the Planning and Zoning Staff Report, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.C. CONDITIONAL USE REQUEST/PET NANNY: Consider a conditional use request to allow the establishment of a kennel to be known as Pet Nanny within the Park Ten Industrial Complex, located on the south side of SW l0th Street, east of 1-95. Quasi-Judicial Hearing. -10- 11/06/01 Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were noted. The City Attorney stated this item would be conducted as a quasi-judicial hearing, which allows for presentations, by all involved parties, the admission of documents into the record and public testimony. Angela Wong, Deputy City Clerk, swore in those individuals who wished to give testimony on this item. Paul Dorling, Planning Director, entered into the record the Planning and Zoning Department's project file #2001-257. The proposal is to establish a pet day care facility (kennel) within a 2,400 square foot Bay of the Park Ten First Addition industrial complex. The bay is located in the middle of the building, immediately south of S.W. l0th Street. Mr. Dorling stated the required findings to Chapter 3 were made in the Planning and Zoning Staff Report except that the retail components are not allowed in the industrial zoning district so as a condition those were removed. One of the primary issues with this type of use is the solid waste issue. There was a discussion in the Planning and Zoning Staff Report relating to areas, which were appropriate for walking of the animals. The applicant proposes areas, which contain under plantings while staff is recommending a sodded area on the east side of S.W. 15th Avenue. At is meeting of October 15, 2001, the Planning and Zoning Board held a public hearing and after discussion the Board voted 5-0 (Hasner and Peltzie absent) to recommend City Commission approval of the conditional use request, based upon positive findings with respect to Section 3.1.1 and Section 2.4.5(E)(5) (Conditional Use Finding), and policies of the Comprehensive Plan, subject to the conditions as listed in the Planning and Zoning Staff Report. Candice Exler~ stated that Arlene Wilson would be an asset to the community because she has organized "Unity Doggie Walk-a-thon" and she is in favor of this conditional use request for the establishment of a kennel. Ms. Exler stated Ms. Wilson is a caring person and reiterated that the community will benefit greatly. At this point, Angela Wong, Deputy City Clerk, swore in the following individual: Carol Balis~ resident of Delra¥ Beach~ feels this is a great asset for pet owners in Delray Beach so that you do not have to go to a veterinarian where there are sick animals. Ms. Balis stated that Ms. Wilson took care of her dog while she was out of town and feels she does a tremendous job. There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. Discussion by the Commission followed. -11- 11/06/01 Mrs. Archer stated she does not understand why the photo uses are not allowed. Mr. Dorling stated those are considered retail uses, which are not allowed in an industrial district or the LDR' s. Mr. Levinson commented that across the street down a couple of lots there is a residential piece of property that the City sold to the Delray Beach Housing Authority. Mr. Levinson stated there were two lots on the north side of S.W. l0th Street, which were going to be residential. Mr. Levinson suggested that in order to create a buffer, the City might want to reconsider this property as residential with the commercial development that is going along the north side of S.W. l0th Street. Mr. Perlman moved to approve the Conditional Use Request to allow the establishment of a kennel to be known as Pet Nanny, subject to the conditions set forth in the Planning and Zoning Staff Report, 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.D. PARKING LICENSE AGREEMENT/SOPRA RESTAURANT: Modification to the Parking License Agreement for Sopra Restaurant involving a request for the addition of two (2) parking spaces on the east side of SE 2nd Avenue, just south of East Atlantic Avenue, to accommodate the creation of a separate pick-up location. Paul Dorling, Planning Director, stated on April 17, 2001, the City Commission approved a Parking License Agreement with Sopra Restaurant, which included two parking spaces along S.E. 2nd Avenue and a pickup area to the rear of Sopra Restaurant. The applicant is requesting a modification to the agreement to add two additional spaces on the east side of S.E. 2na Avenue to accommodate the creation of a customer pick-up area adjacent to the VFW hall. The current pick-up area would require access via the restaurant or through the parking lot creating some inconvenience and increase the City's liability from increased pedestrian traffic through the Worthing Lot. The proposed area on the east side of the street has sufficient space to accommodate the requested customer pick up area and provides for a more efficient operation. At its meeting of October 23, 2001, the Parking Management Advisory Board considered the request. The Board considered tabling the item until after the restaurant opened to determine if the modification was needed. After a lengthy discussion, the Board unanimously recommended denial of the request. Mrs. Archer stated the City has been trying to encourage parking queues off Atlantic Avenue for some time and she is inclined to approving this request. However, Mrs. Archer stated there are very few veterans that do use the VFW post. Mrs. Archer stated she would like to see some arrangement made that on the nights the veterans use the VFW facilities, that they be able to park for very little money or park at no cost at all. Mrs. Archer stated the veterans should be honored and feels they are not in a position to pay $5.00 for a parking space. Mrs. Archer stated she would like to entertain this at a later date only after the traffic volume is reviewed. -12- 11/06/01 Mr. Levinson commented that at this point he does not see the need to make a change and cannot support this modification in its concept. Mr. Levinson stated a deal was made with regard to the pick-up and drop-off area and suggested that if the Commission were to find some real issues in six months from now, then at that time the Commission could revisit this item. Mr. Levinson reiterated that an agreement was made with regard to the customer pick-up and drop-off area and feels this should remain as is. Mr. Perlman moved to deny the modification to the Parking License Agreement for Sopra Restaurant for the addition of two parking spaces, 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 to deny the modification passed with a 5 to 0 vote. 9.E. BID AWARD/COLONNA CONSTRUCTION COMPANY, INC.: Consider approval of a contract award to second lowest bidder, Colonna Construction Company, Inc. in the amount of $139,770 for the Community Improvement Sidewalk Project. Funding is available from 118-1965-554-63.11 (Bikepaths/Sidewalks). Dick Hasko, Director of Environmental Services, stated this is to request Commission approval of a contract award in the amount of $139,770.00 to Colonna Construction Company, Inc. for the Community Improvement Sidewalk Project. The lowest bidder was ARZ Builders, Inc. at $126,150.00. However, after checking the references provided by ARZ Builders, Inc., staff found a majority of the comments to be less than favorable. Therefore, staff is recommending Colonna Construction Company, Inc. as the lowest, responsible bid. Mr. Perlman suggested that there be a way to pre-qualify the bidders. Mr. Hasko stated there are certain legal obligations that must be followed through the bid process and suggested that staff work with the City Attorney regarding the concerns expressed by the Commission regarding the bid process. The City Attorney stated the Purchasing Department is currently gathering information from other entities. Mr. Perlman moved to approve the bid award to Colonna Construction Company, Inc. (second lowest bidder) in the amount of $139,770.00 for the Community Improvement Sidewalk Project, 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 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 54-01 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending Land Development Regulation Section 4.4.28(D) and 4.4.13(D) and (I) -13- 11/06/01 to allow multi-family dwelling units at a density greater than thirty (30) units per acre, as a conditional use in the CBD-RC (Central Business District - Railroad Corridor) zoning district, between NE 2nd Street and NE 3rd Street. If passed, a Public Hearing will be held on November 20, 2001. (Ordinance No. 54-01 was tabled on October 2, 2001 to a date certain of November 6, 2001, subject to review of the Pineapple Grove Design Guidelines). Prior to consideration of passage of this ordinance, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 54-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER FOUR, "ZONING REGULATIONS", SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED", PARAGRAPH (15); AND SUB-SUBSECTION (I) "PERFORMANCE STANDARDS", PARAGRAPH (1), TO CLARIFY WHERE RESIDENTIAL DEVELOPMENT EXCEEDING THIRTY UNITS PER ACRE IS ALLOWED AS A CONDITIONAL USE; AND BY AMENDING SECTION 4.4.28, "CENTRAL BUS1NESS DISTRICT-RAILROAD CORRIDOR (CBD-RC) DISTRICT, SUBSECTION (D) "CONDITIONAL USES AND STRUCTURES ALLOWED", BY ENACTING A NEW PARAGRAPH (5), TO ALLOW MULTI-FAMILY DWELLING UNITS AT A DENSITY GREATER THAN THIRTY UNITS PER ACRE AS A CONDITIONAL USE WEST OF THE FEC RAILROAD BETWEEN N.E. 2ND STREET AND N.E. 3RI) STREET; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 54-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. In addition, the City Attorney commented that because this is an amendment to LDR's, there is not a need for a quasi-judicial hearing as it states in the agenda. However, a second public hearing will be held on November 20, 2001. Paul Dorling~ Planning Director~ stated the request is to allow densities in excess of 30 units per acre as a conditional use in the CBD-RC zoning district west of the FEC Railroad between N.E. 2nd and N.E. 3rd Street. This area currently allows units or densities over 30 units to the acre through the conditional use process and this would extend it, if approved. Pursuant to LDR Section 2.4.5(M)(5) the Commission must make a finding that the text amendment is consistent with and furthers the goals and objectives of the policies of the -14- 11/06/01 Comprehensive Plan. The Housing Element of the Comprehensive Plan addresses this issue and states that "one of the most important objectives of the City's overall housing policy is establishment of housing in the downtown area." In Housing Element Policy B.2.6, it further states and acknowledges that "housing near and in the downtown area in close proximity to employment opportunities and services is a critical need." Mr. Dorling stated Housing Element Policy B.3.4 states that "the City's Planning and Zoning Department will work with the Community Redevelopment Agency to analyze the existing Central Business District regulations to determine if there are significant regulatory impediments to the development of residential uses in the downtown and will process the amendments necessary to eliminate them." The City Commission in 1998 adopted the Pineapple Grove Main Street's Neighborhood Plan for the area. The Plan identifies properties between N.E. 2nd and 3rd Streets as potential locations for densities in excess of 30 units per acre. The Neighborhood Plan states that "plans general intent is to afford Pineapple Grove Way the same opportunities as Atlantic Avenue by giving Pineapple Grove the same zoning tools. Allowing this type of density in the CBD-RC as a conditional use would achieve this." Staff has met with Pineapple Grove representatives and after reviewing the current development standards, the performance standards, and the development review process, there was consensus that the existing performance standards sufficiently addressed their concerns. The Planning and Zoning Board have added language to the ordinance that requires Pineapple Grove Design Committee review of the proposal for consistency with the Pineapple Grove Plan and the performance standards prior to consideration of this request. A letter of support from Pineapple Grove is attached with your staff backup. This request was before Pineapple Grove Executive Board on September 10th, the CRA on September 13th, and the DDA on September 19th and all of those groups recommended approval. Given the consistency with the Comprehensive Plan and the adopted Pineapple Grove Neighborhood Plan, staff is recommending approval of this request. Mayor Schmidt declared the public hearing open. The following individuals came forward to speak on the proposed amendment: John Corbett, Attorney with Corbett & White and representing the applicant, stated this text change is not automatically increased density and a conditional use must be approved before that occurs. It's also not a request to approve a specific project. It only allows us to come forward with a specific project in the future. Under the City's Code the applicant could not present a specific project unless the Commission approves this amendment. This request is necessary in order to build an apartment project at this location. Pineapple Grove Main Street, the CRA, the DDA all agree that an apartment development is desirable at this location and support this change. The change is consistent with the City's Comprehensive Plan, as staff has already detailed. Mr. Corbett addressed a couple of the issues that were raised by neighbors at the last Commission hearing. First, there was a concern that the Pineapple Grove Design Guidelines would not be applied to the proposed project. The new language added to the proposed ordinance addresses this concern. Mr. Corbett stated he would also like to address traffic concerns. There continues to be a concern raised regarding potential traffic impacts resulting from this amendment. The real traffic issue is how many trips will be generated from various types of development. The staff has done an analysis, which is contained in the staff -15- 11/06/01 report. One of staff's conclusions was that retail redevelopment would triple the traffic that 150 unit apartment project would generate for this site. Mr. Corbett distributed a Kimley-Horn Traffic Analysis that compares trip generation rates for residential, existing retail, and office. Mr. Corbett stated they looked at 114 units which is 6 units an acre, which is the most he believes could occur on this portion of the project site that is covered by the amendment due to height limitations and other site constraints. We compared that traffic to the traffic generated by the existing retail and it would be generated by office redevelopment of the site at a .75 FAR which is the same number staff used. As you can see from the letter in Table 1 in the analysis, the analysis indicates that residential development generates fewer trips than either proposed office development or the existing retail square footage. Therefore, it is clear that a project built under this proposed Code change would result in less traffic than any other use that is likely to occur on this property under the City's existing codes. As we promised at the last Commission meeting, there were two meetings with the DeMda Neighborhood Association. The first meeting was with Sarah Greeley and Representative Anne Gannon. The second was with the association. Mr. Corbett stated many of the concerns have been addressed with regard to the revisions of the ordinance language and we will continue to work with the association to make sure their input and concerns are part of the overall project design. Mr. Corbett stated the applicant would like the opportunity to bring forward an apartment project for this location. However, without the Code change, that would not be possible. Mr. Corbett stated if the Commission agrees with the Pineapple Grove Main Street, the CRA, and the DDA, that apartment development is desirable at this location, he encouraged the Commission to approve this amendment. Gail Lee McDermott~ 721 S.E. 3ra Avenue and President of Osceola Park~ stated she understands that Delray Beach must have a certain amount of greater density. However, she urged the Commission to be careful about how much density is allowed. Sarah Greele¥~ 109 Dixie Boulevard~ speaking here tonight for the Del-Ida Park Nei~lhborhood Associatiom stated for the record, she would like to issue an apology to the Director of Planning, Paul Dorling, who she apparently demoted in two recent letters by referring to him as Senior Planner. The DeMda Park Neighborhood Association has consistently supported downtown development. However, Ms. Greeley stated the DeMda Park Neighborhood Association cannot support requests for blind approval of significant planning language changes in our Comprehensive Plans, regulations, and ordinances without a thorough analysis of the short and long term issues and the very real implications of what those changes will bring. Ms. Greeley questioned whether we must rush the process and throw ourselves heedlessly into this current developmental frenzy at the expense of reasoned and deliberate dialogue? Ms. Greeley stated no project should be considered in isolation but rather in terms of how its existence will impact others (other language, other projects, other streets, and other neighborhoods). Reasonable growth, density, crime, traffic, environmental impact, emergency management, precedent, architectural homogeneity, scale, and height are not just words but very real issues at risk. Do we wish to sacrifice our integrity and that of our City to dollars and developers? With recent consideration, the development of Delray Beach will not be a sacrifice; with abandon, it may. John Tallentire~ 11 N.E. 6th Street~ stated Historic Districts are created to preserve the character and history of a district. Mr. Tallentire stated any time the height of a -16- 11/06/01 building height is increased, it destroys part of the character of a district. Mr. Tallentire stated any time density is increased, a part of the character of a district is destroyed and any time setbacks are reduced, part of the character of a district is destroyed. In conclusion, Mr. Tallentire stated the highest and best use of any property within a historic district is to preserve character and history of that district. Aldo Conigliaro, President of Pineapple Grove, stated he understands the concerns of the people in the neighborhood but does not understand why anyone would be opposed to this project. Mr. Conigliaro stated if a developer has the guts and the nerve to build an incredible project like this along the FEC Railroad rather than building industrial property, he does not see any negativity to it. He feels that maybe a compromise in density would be appropriate in order to allow this project to go forth and to make it a user-friendly project. Mr. Conigliaro stated Delray is in desperate need of people living downtown and he is 100 percent in support of this project. Diane Dominguez, Director of the Community Redevelopment Agency, stated the CRA supports the Code amendment. Ms. Dominguez stated the changes that were made recently have addressed a lot of the concerns expressed at the last meeting regarding open space and height and stated these are covered under the existing Codes. Concerns regarding the Pineapple Grove Design Guidelines and the ability of Pineapple Grove to have significant input into this project with the changes that were made since the last hearing have also been addressed. Ms. Dominguez feels relatively sure that this project will end up being a really nice asset to the area and there will be ample opportunities for public input as its being developed and being proposed. Ms. Dominguez stated the CRA not only supports this project, but also feels the project will be a great boost to economy and Pineapple Grove. Toni Delfiandra, 14 Dixie Boulevard, stated she is a sole proprietor the downtown. Ms. Delfiandra stated she use to be able to drive from her house to her office without much difficulty. Ms. Delfiandra stated now she must go out to Federal Highway and go around the entire area to get there. Ms. Delfriandra stated her son goes to Trinity and asked the Commission if they have ever tried to go down N.E. 2nd Avenue at 3:00 in the afternoon? She commented that this is not an easy manner. Ms. Delfiandra stated that a certain level of residential would be better than high density. She urged the Commission to use common sense in the number of multiple family units that are built in this area so that it does not affect the quality of life for the residents of Delray. John Bennett, speaking on behalf of Progressive Residents of Delray, stated the last time this was before the Commission, he pointed to the past arguments regarding density and suggested that there be a cap on density. Mr. Bennett stated by placing a cap on density would not guarantee good design. Mr. Bennett read into the record a quote from the Executive Director of the Treasure Coast Planning Council. The existing performance standards had the result of producing "the worst thing we've seen in a long time". The other point he made that's relevant is he suggested that we not plan our City one project at a time. Mr. Bennett stated PROD has a plan that calls for increased densities in this area, which they support. However, the problem is how increased? Mr. Bennett stated he has some problems with calling downtown Delray an urban area but that's what they want to do to the central business district core that -17- 11/06/01 already has the uncapped density. Mr. Bennett stated it would be appropriate to cap the density here as an intermediate stage between the central core and the residential area two blocks to the north. In addition, Mr. Bennett stated that there was a cap placed on density for West Atlantic Avenue. Mr. Bennett suggested that the Commission cap the density at 45 units an acre. Carolyn Zimmermam 212 S.W. 2I'a Avenue~ expressed concern over the density throughout Delray and inquired as to why there is so much density. Ms. Zimmerman stated it appears that residents in this area are concerned about too much density. She feels developers should not be allowed to decide what we're going to have in our town. There being no one else from the public who wished to address the Commission regarding Ordinance No. 54-01, the public hearing was closed. Discussion by the Commission followed. Mr. Levinson stated last month he suggested that we see the project before making any final decisions but to go ahead and allow the increase. Mr. Levinson stated Ms. Greeley listed a full variety of things that need to be considered in the conditional use process in evaluating any proposal. Mr. Levinson stated he would continue to support staff's recommendation and use the conditional approval process as it is intended just like the City does in other areas of the Central Business District (CBD). Mr. Levinson stated it's unfortunate to condemn someone's design, density, height, and setbacks when we do not know what they are. Therefore, Mr. Levinson stated he would support staff' s recommendation. Mr. Perlman stated this is just allowing the City to consider something and commented that the idea of downtown housing has not just sprung up. Mr. Perlman feels it would be irresponsible not to at least entertain this. Mr. Perlman stated he is receiving calls from people who are concerned about chain stores coming into the downtown. He feels the key to maintaining our ambiance and the key to maintaining a successful downtown is to have the residential component downtown. Mr. Perlman feels this will allow the "mom and pops" to hopefully continue to succeed. Mr. Perlman stated $2 million was recently put into beautifying Pineapple Grove and the City is now starting to see the fruits of that investment. Mr. Perlman stated the City needs projects like Creations, etc. in order to bring people to the area and wholeheartedly supports this amendment. Ms. McCarthy stated she would like to inform those people who came forward from the DeMda Park Neighborhood that the Commission has heard them and has been listening to them. Ms. McCarthy stated she does not believe that the Commission is "knee jerking" or just responding to a particular developer. With regard to the Visions plans, Ms. McCarthy stated the Commission attended sessions and they felt there should be residential downtown. Ms. McCarthy stated another concern that was mentioned was that the design is very imperative. Ms. McCarthy stated the City is being confronted with situations because we're not being progressive in making changes, as they are necessary to be made. Ms. McCarthy stated she is in favor of this ordinance and would like all citizens to know that as the plans come forward, the Commission will watch, listen, and keep their eyes open. -18- 11/06/01 Mrs. Archer commented that she concurs with everything that has been said. Mrs. Archer stated she feels it is far more important to have residential development then it is to have industrial and would like to see the City limit what retail and industrial uses could take place in that area. Mrs. Archer feels the space along the railroad tracks is very well suited to a residential use if the City can get people to develop it. However, Mrs. Archer would like to see some limits placed on the density. She feels this particular amendment is necessary in order to encourage developers to come to us with criteria, with designs, which they think may be appropriate under our existing guidelines and LDR's and ordinances. Mrs. Archer stated she does not want to get into a situation that simply, because a developer brings to us or an architect brings to us a building that meets all of the requirements, that we're in a position to feel that we have to accept it. Mrs. Archer stated she would like to establish some hard, fast, architectural guidelines and would like very much to see them developed for the Pineapple Grove area and keeping this in mind, she would approve this amendment. However, she urged the Commission to be very careful with how they proceed. Mrs. Archer stated last time this came up, she felt it was very important that the City have reduced densities as we move into the residential areas and would also like to see as much limited impact that can be provided to the surrounding residential areas. Mr. Levinson moved to approve Ordinance No. 54-01 on FIRST Reading/FIRST Public Hearing, 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. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items. ll.A. City Manager's response to prior public comments and inquiries. With regard to a prior concern expressed by Mr. Smith concerning height of buildings in the downtown area, the City Manager stated the Downtown Delray Beach Master Plan refers to encouraging development at an appropriate scale. The summary report indicates that three stories are an ideal height and four stories are the maximum desired height. The City Manager stated restriction to a maximum of three stories would be inconsistent with this plan. Further removing the existing development potential raises concerns with respect to the Burt Harris Act, which could result in property owners seeking compensation for lost development potential. Height downtown was not specifically addressed through the Charrette process. There was a general consensus that the current height restriction of 48-feet was appropriate. Secondly, in response to a concern expressed by Mr. Bennett regarding the Planning Department's ability to carry on with both current and long range planning and with the parking requirements for an outdoor dining area, the City Manager stated the Planning and Zoning Department is undertaking long range planning projects in conjunction with the day-to- day work. The City Manager stated revisions to the Code are being processed and the City Commission has passed several Land Development Regulation revisions that require immediate action in the past few months. The proposed 750 square feet of outdoor dining area referred to in the comments of October 16th related to the Old Calypso Restaurant on the Intracoastal. While three parking spaces appear to be inadequate proceeding of forty, the City Manager stated it is -19- 11/06/01 important to note that the restaurant is part of a larger shopping complex as such the shopping center rate of four spaces per 1,000 square feet applies. This reduced rate of assumed shared parking, as is the case with the retail-parking peak during the day and the restaurant-parking peak during the evening. Furthermore, the City Manager stated the parking requirement is based on gross four spaces, which includes areas like bathrooms, kitchens, and so forth that do not generate seats yet are included in the parking space calculation. With regard to a comment expressed by Mr. Gray about the Citrus Canker signs located in Delray Shores, the City Manager stated the signs were removed on October 19th. 11.B. From the Public. ll.B.1. Carolyn Zimmermam 212 S.W. 2I'a Avenue~ reminded the Commission that there will be "A Walk for Unity" on Sunday, November 11, 2001. Ms. Zimmerman stated people would be coming from four directions of the City and end at the tennis center. Ms. Zimmerman stated a group called "Community Chat" is a group of citizens who are trying to solve some of the problems in Delray. Ms. Zimmerman explained there is big problem with children from Haitian families fighting with the American children, and explained this event is being done in an effort to help bring the community together. Ms. Zimmerman stated they are getting help from Ms. McCarthy and announced that Mayor Schmidt will be speaking and encouraged the rest of the Commission and citizens to attend. She feels it is very important that something is done with children while they are young to help stop them from becoming violent when they reach adulthood. ll.B.2. Jim Smith~ 1225 S. Ocean Boulevard~ stated he would like the Commission to image the following scenario that perhaps their neighbor started a valet parking service in front of the swale of their home without asking them. Mr. Smith stated he feels the Commission needs to consider this to get approval when those items are addressed. Mr. Smith commented about the bidder who left the Commission meeting very upset and feels the Commission owes him the courtesy of an apology. 11.B.3. Byron Thayer~ 3589 Hunt Road~ speaking as a Veteran and a City employee, he feels it is despicable and unimaginable that Delray Beach does not honor their veterans and employees by having Veteran's Day off (a copy of Mr. Thayer's letter is attached hereto and made an official part of the minutes). Comparatively speaking, Mr. Thayer stated County employees enjoy the Friday after Thanksgiving, Veteran's Day, Columbus Day, a whole day before Christmas Eve, and two floating holidays. Mr. Thayer stated that Delray is two days behind all other municipalities. He stated there is a serious disparity in benefits between the union and non-union employees that need to be addressed. Mr. Thayer feels employees should not have to give up or trade any other day in order to have Veteran's Day off. Mr. Thayer stated that City finance officials estimate that it costs $156,000 to run the City and feels it would cost that whether employees are working or not working. Mr. Thayer suggested the City hold a parade on Veteran's Day to help bring in revenue. -20- 11/06/01 ll.B.4. Scott Schley~ Commander of American Legion Post #65 Delray Beach~ distributed a proclamation signed in 1966 by Al. C. Avery, a former Delray Beach Mayor. Mr. Schley announced that there would be a Veterans' Day Service held at the Delray Beach Memorial Gardens at 9:00 a.m. and a service at Veteran's Park at 11:00 a.m. Mr. Schley encouraged everyone to attend these services. ll.B.5. Jeff Zarch~ 5310 Las Verdes Circle~ stated he has been an employee with the City for approximately thirteen years in the Parks and Recreation division. Mr. Zarch stated he too is a veteran and concurs with Mr. Thayer about the fact that City employee veterans and non- veterans would like a chance to pause and honor those who gave their all. Mr. Zarch stated this is the All America City and feels the City should honor our military people (past, present, and future). ll.B.6. Herbert W. Coman Jr. President of the Inner Circle Golf Club and resident of Delra¥ Beach~ stated he is here this evening to appeal to the Commission about getting tee times for the Inner Circle Golf Club (a copy is attached hereto and made an official part of the minutes). Mr. Coman stated the Inner Circle Golf Club was inaugurated in 1952 and is now celebrating its 50th anniversary. During the season, Mr. Coman stated the range of golfers would range from four to seven foursomes for a total of 16-28 golfers. Mr. Coman stated the Inner Circle Golf Club is a walking golf club with their golf days being Mondays and Fridays with the allotted times of 6:53-8:03 a.m., which is shared with the entire public. Mr. Coman stated this allotted time does not allow 11 foursomes to golf, which is a total of 44 golfers. Mr. Coman suggested that the Inner Circle Golf Club be granted set tee times as they always had in the past until the changing of the operation of the golf course. Mr. Coman stated that the Inner Circle Golf Club urges the Commission to support the Inner Circle Golf Club in restoring the past tee times. ll.B.7. William M. Chwalik 535 N.W. 4th Avenue~ distributed a letter (a copy is attached hereto and made an official part of the minutes) the Commission addressing similar concerns expressed by Mr. Coman. Mr. Chwalik stated he has been golfing for many years and this year joined the Inner Circle Golf Club. Mr. Chwalik stated that in many instances, non- residents are given preferential treatment and feel the City should support the residents who use the course year round. During season, Mr. Chwalik stated it is difficult to get on a course to do their tournaments and suggested that the Commission look into adding more tee times. ll.B.8. Dan Burns~ 1036 Bucida Road~ expressed concern over the construction along Linton Boulevard and feels the City should work more closely with FDOT when the southbound side of Linton Boulevard is closed. Mr. Burns urged the Commission to work with FDOT to try and keep it two lanes versus one lane. Secondly, Mr. Burns stated on the Linton Boulevard bridge over the Intracoastal there are several sand bags on each side of the draw bridge that have been there for some time. Mr. Burns stated these sandbags were being used to hold down signs and commented that the signs have been removed, but the sandbags are still there. Mr. Burns politely asked the City Manager to delegate someone to clean up the bridge. -21- 11/06/01 Mr. Burns stated as you turn into Wendy's west of Dixie Highway near the railroad tracks, there is a cement divider that has weeds growing up too high all the way around it. Mr. Burns feels this is an eye sore and urged the Commission to have someone look into this matter. With regard to the Veterans, Mr. Burns feels they deserve everything in the world we can give them. Mr. Burns stated although he feels it would be nice to give Veterans the day off, he feels the City needs to look at its budget for things that could be coming up in the near future. Mr. Burns reiterated that the City should watch how it spends money first. At this point, the Commission returned to Item 9.F. of the Regular Agenda. 0.F. ESTABLISHMENT OF SANDOWAY PARKING LOT OFFICIAL CLOSING TIME: Consider establishing the official closing time for Sandoway Parking Lot as 9:00 p.m., as recommended by the Parking Management Advisory Board. Paul Dorling, Planning Director, stated on June 5th the Sandoway lot closing time was before the Commission and at that time, the Commission recommended that the closing time be extended from 8:00 p.m. to 9:00 p.m., on a trial basis. The Parks and Recreation's Park Rangers have monitored the Sandoway Lot in the evenings (approximately 9:30 p.m. in May and June) and approximately 8:30 p.m. thereafter. The number of cars parked during May (45) and June (51) were reduced given the 9:30 p.m. time of the original survey. The change to the 8:30 p.m. count documents a considerable increase in utilization in July at 72 and the month's of August and September accommodating 102 and 108 vehicles respectively. Utilization in the month of October appears to have declined at 35, however this does not include a total of 9 days, including 3 Saturdays. At its meeting of October 23, 2001, the Parking Management Advisory Board voted 7-1 (Dahlem opposed/Onnen and Costin absent) to recommend approval to establish 9:00 p.m. as the official closing time for the Sandoway Lot. Discussion by the Commission ensued. Mayor Schmidt stated that he is a little hesitant to make a permanent change at this point because the change was initially made at the request of some residents for the summer months. Mayor Schmidt commented whether the lot would be utilized at the same extent now due to the fact that it is getting dark at 6:00 p.m. as opposed to 8:30 p.m. Before a decision is made, Mayor Schmidt stated he would like to extend the trial period and monitor the parking for two or three months during the season because he feels there will continue to be a drop-off in parking. Mrs. Archer stated she has had very strong feelings about this issue because she feels it is important that we provide all opportunities for our citizens to park, if possible. However, Mrs. Archer stated she attended the Parking Management Advisory Board Meetings and has reviewed the research from staff. Mrs. Archer explained the problem she has is she does -22- 11/06/01 not see the numbers holding up in usage and she does not live there. Mrs. Archer stated she has met with some of the residents who do live there and they do not want Sandoway Park open until 9:00 p.m., especially on a permanent basis. In this case, Mrs. Archer stated she needs to support the residents in this area. Therefore, Mrs. Archer stated she cannot support the permanent opening of Sandoway Park until 9:00 p.m. at this time. Mr. Levinson stated if he's not mistaken the closing time was going to be extended until dusk, not 8:00 p.m. and the problem the Commission had was dusk was a moving target. Mr. Levinson supports having a fixed time regardless of whether it is 8:00 p.m., 9:00 p.m., 7:00 p.m., or 6:30 p.m. Mr. Levinson stated he does not feel it is an imposition to the neighbors to keep the Sandoway Parking open. Mr. Levinson stated he would have more of a problem if the lot were heavily used until 9:00 p.m. because he feels the neighbors are potentially put in a more volatile position. Mr. Levinson reiterated that he does not see this as an imposition on the neighborhood and feels it would be helpful for those people who are utilizing the lot. Mr. Levinson stated he could support an extension through the season to see how it goes and at that time draw a conclusion. Ms. McCarthy stated she received correspondence regarding this issue and commented that it has given her a chance to think about this from a different perspective. At this time, Ms. McCarthy stated she is not in favor of doing this on permanent basis and feels that any time something is done during the summer period it does not really give a clear picture. So far, as the need for parking is different in different areas of the City, Ms. McCarthy stated she would rather see that the City extends the closing time for a temporary period of time. Mr. Perlman stated he feels that 9:00 p.m. was a reasonable hour but he could support extending the trial period a couple more months. Mrs. Archer asked whether Mr. Perlman is suggesting three months? In response, Mr. Perlman suggested extending the trial period for three months. It was the consensus of the Commission to support extending the Sandoway Parking Lot closing time from 8:00 p.m. to 9:00 p.m. on a trial basis for three months and review it at the Regular City Commission Meeting of February 5, 2002. Mr. Levinson and Ms. McCarthy expressed concern over the January numbers and asked if these numbers would be ready for the February 5th meeting? In response, Scott Aronson, Parking Management Specialist, stated most of the numbers would be ready. Mr. Aronson stated this is based on the time that the reports need to be prepared prior to the meetings and we could loose three or four days. Mr. Perlman moved to extend the Sandoway Parking Lot closing time from 8:00 p.m. to 9:00 p.m. on a trial basis and review it at the February 5, 2001 City Commission Meeting, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. -23- 11/06/01 9.G. RATIFICATION OF THE WEST ATLANTIC AVENUE REDEVELOPMENT COALITION (WARC) APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Approve and ratify the appointment of Evelyn Dobson as the West Atlantic Redevelopment Coalition (WARC) Board's representative on the Parking Management Advisory Board for a term ending September 1, 2004. Ms. McCarthy moved to approve and ratify the appointment of Evelyn Dobson as the West Atlantic Avenue Redevelopment Coalition representative to the Parking Management Advisory Board for a three year term ending September 1, 2004, 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. 9oHo RESOLUTION 68-01/DESIGNATION IN THE FLORIDA RETIREMENT SYSTEM (FRS) OPTION: Consider the designation of the City Commission for inclusion in the Elected Officers' Class of the Florida Retirement System, as per amended Florida State Statute, Section 121.052(3)(e), effective July 1, 2001. The caption of Resolution No. 68-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AUTHORIZING AND DESIGNATING THE INCLUSION OF THE MAYOR AND CITY COMMISSIONERS IN THE ELECTED OFFICERS' CLASS OF THE FLORIDA RETIREMENT SYSTEM. (The official copy of Resolution No. 68-01 is on file in the City Clerk's office.) The City Attorney stated this is before the Commission mainly because there are some time frames earlier than the December date for a decision as to whether or not they would like to participate in the Florida Retirement System as elected officials. Ms. McCarthy asked what expense the City would incur if this became a reality? In response, the City Manager stated the City would incur approximately $3,600 a year. Ms. McCarthy inquired about the cost of credit. The City Attorney stated there is an ability to buy into it. For example, if someone has been on the Commission for a few years, money can be put in to cover those past years of service as an elected official. Ms. McCarthy asked if past elected officials could participate also? In response, the City Attorney stated this is for elected officials who are currently sitting. The City Attorney further explained that this would be considered an additional benefit because the City would be contributing money on behalf of a Commissioner. Ms. McCarthy stated Progressive Residents of Delray (PROD) feels this should be put in an ordinance form similar to when pay which allows this, permits this to be enacted by resolution or ordinance. A resolution requires one reading versus an ordinance, which requires two readings. Further discussion followed between the City Attorney, the City Manager and the City Commission. -24- 11/06/01 Mr. Perlman moved to deny Resolution No. 68-01, 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 to deny passed with a 5 to 0 vote. At this point, the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE 58-01: An ordinance amending the Land Development Regulations Section 2.2.6(B)(2) regarding the composition of and special qualifications for the Historic Preservation Board. If passed, a public hearing will be scheduled for November 20, 2001. The City Manager presented Ordinance No. 58-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING CHAPTER TWO, "ADMINISTRATIVE PROVISIONS", SECTION 2.2.6, "THE HISTORIC PRESERVATION BOARD", SUBSECTION (B), "COMPOSITION AND SPECIAL QUALIFICATIONS", TO PROVIDE ADDITIONAL QUALIFICATIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 58-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Planning Director, stated this amendment was initiated by the Historic Preservation Board to ensure that the composition of future Boards will have the qualified persons necessary to make well founded opinions about design and construction matters. The current language does not ensure that the architecture and construction disciplines are represented. Experience has shown that the majority of decisions the Board makes are related to the appropriateness of design and frequently involve the evaluation of building materials and construction methods. At its meeting on October 3, 2001, the Historic Preservation Board voted 5-2 to recommended approval. At its meeting of October 15, 2001, the Planning and Zoning Board voted 5-0 to recommended approval. Mayor Schmidt commented that some Boards are difficult to fill and inquired as to whether or not staff is getting enough applicants between the Site Plan Review Board and Historic Preservation Board and are going to be able to get the architects and landscape architects that the City would need? In response, Mr. Dorling stated this was generated by the -25- 11/06/01 last appointments and stated there were applicants that were architects that could have fill those positions, but other applicants were appointed. Mr. Levinson commented that he was surprised that often architects had what appeared to be appropriate designs. Mr. Levinson stated because there may have already been an architect or a landscape engineer on the Board, often times their plans were recrafted in what he believes was that particular Board members architectural preference as opposed to what is acceptable. Furthermore, Mr. Levinson stated he has no problem with adding the words "when possible" to this ordinance. However, Mr. Levinson feels it would be a mistake to make it an absolute requirement because the City may end up with less qualified applicants. Ms. McCarthy asked if the Historic Preservation Board is responsible for every historic designated area in the City? In response, Mr. Dorling stated HPB serves like SPRAB would serve for projects within each historic district. Mr. Dorling stated HPB has the SPRAB function within the district and they also have preview over individual listed properties, which may be outside districts. Mrs. Archer stated she feels more comfortable with having two positions as a requirement. Mrs. Archer feels it would be an excellent idea to have someone in the construction industry, but it does not necessarily feel that the person should be an architect. Mrs. Archer reiterated that she would like to the requirement limited to two positions and the other positions to the community-at-large with preference given to someone in the construction industry. Mr. Perlman commented that he would not support this ordinance. Mr. Perlman stated he prefers that the Commission have discretion and that there be a level of trust that the Commission will appoint people who will be able to do the job. Mr. Perlman stated he is uncomfortable that an applicant by default could be appointed and feels the Commission needs some kind of latitude. Mr. Perlman moved to deny Ordinance No. 58-01 on FIRST Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - No; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion to deny Ordinance No. 58-01 passed with a 4 to 1 vote. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager. The City Manager stated at the last meeting of the Palm Beach County League of Cities, all the existing representatives, including our Mayor, were reappointed to the Treasure Coast Regional Planning Council. The City Manager stated Robert Blomquist, Mayor of Juno Beach, who is a retired Police Officer, was appointed to the Criminal Justice Commissioner to represent the League of Cities. Secondly, the City Manager stated he will be going to Ocala tomorrow to speak at a symposium sponsored by the Public Policy Institute at the Junior College to talk about building a strong urban core because they admire what has been done in Delray Beach. -26- 11/06/01 13.B. City Attorney. The City Attorney stated staff has the opportunity to go to mediation in the Hotel Vista Del Mar case. It was the consensus of the Commission to give direction to the City Attorney to go to mediation in the referenced case. 13.C. 13.C.1. City Commission. Commissioner Levinson Mr. Levinson extended his appreciation and thanks to the Fire Department for their participation on Halloween night and feels it was great public relations for the City. 13.C.2. Commissioner McCarthy Ms. McCarthy echoed comments expressed by Mr. Levinson and feels the Fire Department should do it again next year. Secondly, Ms. McCarthy stated she saw part of the Palm Beach County Commission Meeting on television and feels it was pretty neat that they used the City of Delray Beach as an example. Ms. McCarthy invited everyone to come to the "Walk for Unity" event which starts at 2:00 p.m. at the four different locations and there will be an actual program that will take place at the tennis center at 3:00 p.m. Ms. McCarthy stated a few Commissioners went to a fundraiser organization and breakfast and there was discussion about whether the Commission would entertain putting a team together for a worthy cause. Ms. McCarthy thanked those who participated in the Palm Beach County Black Elected Officials Gala and feels it was very well attended. Ms. McCarthy stated they are waiting to get the official word that maybe Delray Beach can be the host of it next year. 13.C.3. Mayor Schmidt Mayor Schmidt stated at the joint session with the CRA, the City collected money to do a group event. Mayor Schmidt stated at the kick-off session for the "Relay for Life" event, he suggested to Ms. McCarthy that the CRA and WARC get a joint team together for the Cancer Society for the "Relay for Life". Mayor Schmidt feels this would be a good group effort because probably just about everyone has been touched by cancer. Secondly, Mayor Schmidt read into the record a letter he received from Mr. Richard Van Gemert complimenting City staff (a copy is attached hereto and made an official part of the minutes). 13.C.4. Commissioner Perlman -27- 11/06/01 Mr. Perlman commended the Fire Department for their participation on the evening of Halloween. Mr. Perlman stated there was tremendous reception from everyone and feels he received an education as well. Mr. Perlman stated he spoke to a woman's club at High Point and reported that the biggest complaint is the long flu shot lines at Publix. Mr. Perlman informed them that the City is not responsible for that. Mr. Perlman stated traffic and speeding on Barwick Road was a big concern and they wanted to know if there was a possibility for installing a traffic light at High Point Sections 6 & 7. 13.C.$. Commissioner Archer Mrs. Archer stated she thoroughly enjoyed riding in one of the Fire Department ladder trucks on the night of Halloween. Mrs. Archer stated since she had the opportunity to stop by Jay Alperin's house and present him with a plastic fire hat. Mrs. Archer stated she had a wonderful time at the fundraising event for the Palm Beach County Black Elected Officials. Mrs. Archer stated it was a great event and she thoroughly enjoyed herself. In addition, she is looking forward to attending next year as well. Mrs. Archer stated she will be participating in the "Walk for Unity" and her location is Village Academy. Mrs. Archer stated she would also like to commend the City staff for their assistance and stated she is very impressed with Mr. Van Gemert's letter. There being no further business, Mayor Schmidt declared the meeting adjourned at 8:35 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the Regular City Commission Meeting held on November 6, 2001, which minutes were formally approved and adopted by the City Commission on -28- 11/06/01 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. -29- 11/06/01 Mr. Perlman commended the Fire Department for their participation on the evening of Halloween. Mr. Perlman stated there was tremendous reception from everyone and feels he received an education as well. Mr. Perlman stated he spoke to a woman's club at High Point and reported that the biggest complaint is the long flu shot lines at Publix. Mr. Perlman informed them that the City is not responsible for that. Mr. Perlman stated traffic and speeding on Barwick Road was a big concern and they wanted to know if there was a possibility for installing a traffic light at High Point Sections 6 & 7. 13.C.5. Commissioner Archer Mrs. Archer stated she thoroughly enjoyed riding in one of the Fire Department ladder trucks on the night of Halloween. Mrs. Archer stated since she had the opportunity to stop by Jay Alperin's house and present him with a plastic fire hat. Mrs. Archer stated she had a wonderful time at the fundraising event for the Palm Beach County Black Elected Officials· Mrs. Archer stated it was a great event and she thoroughly enjoyed herself. In addition, she is looking forward to attending next year as well. Mrs. Archer stated she will be participating in the "Walk for Unity" and her location is Village Academy· Mrs. Archer stated she would also like to commend the City staff for their assistance and stated she is very impressed with Mr. Van Gemert's letter. at 8:35 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 November 6, which minutes were formally approved and adopted by the City Commission on -28- 11/06/01 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. -29- 11/06/01 · City of Delray Beach, Florida City Commission General Meeting - - Commissiofi ~hami~rs ': ' ' November 6, 2001 My name is Byron Thayer a~d I arb an Honorably-Discharged Veteran of the U.S. Army. Also, I am a- City of Delray Beach employee with over 10 yea~s service in the Engineering Dept. participating ih over 100 millibn in infrastructure project complet!bn~. .. As a veteran and employee, I find it despicable and unimaginable that Delray "The Ail-American City", does not HONOR their Veterans and Employees with Veterans Day Holiday off. 'A National Holiday'. Delray should close down Atlantic Avenue and have a parade to honor them and us! The 'story' going around is that in the 80's the employees voted m take the Friday a.e~er Thanksgiving, instead of Veterans Day. When in fact the Unions' representatives and Management (a small minority), decided it. That was then and this is NOW! However, if you put it to a general vote today, unfortunately Friday would probably win out over Veterans Day. Comparably, we see our neighbors here in the County enjoying not only Friday after Thanksgiving, but Veterans Day, Columbus Day, a whole day before Christmas, and TWO floating holidays. Delray is one to two days behind ALL other municipalities! Why does it take such a national tragedy as we have just experienced (Sept. I 1~h) for people to WAKE up to their responsibility to HONOR our Veterans? The body bags are already starting to come home! My friends! Delray Beach has three Unions; fire, police, blue collar, which represent approximately 75% of the employees. The other approx. 25% has no representation, which I am one of. It is unfortunate that the other approx. 25% has no one to represent them. That is why I'm here tonight. We need a voice. There is a serious disparity in benefits between union and non-union employees that need to be addressed. It has been rumored that "the blue collar union is issuing misleading information as a contract negotiation ploy". The only "ploy" I see is the Management pining the non-union employees against the union employees by telling them they will lose the Friday after Thanksgiving, or Christmas Eve (1/2 day-p.m.) and Good Friday (1/2 day-p.m.), if the Veterans Day Holiday is approved. We shouldn't have to trade any other time. The onl), thing the union is doing is trying to get a well-deserved day off from work with pay. We are the hardest working country in the world. Most European countries have a mandatory 60-day vacation. One of the problems in this country, parents aren't instilling in their children the VALUES that this country was founded on. To respect history and why we have the FREEDOMS that we enjoy today, because veterans gave their blood and their lives! If 'working parents' had more time off to spend at such activities, just maybe it would be a better, safer world. This we can not do at a two-hour memorial at work, with or without pay. "City finance officials estimate it costs $155,938 in salary and benefits per day to run the city", it will cost that whether we're here or not, however we actually can save taxpayers money by taking the Holiday orr First, fuel cost, maintenance and deprecation on city vehicles would save. Second, electrical cost, water usage, would drop substantially with lights, air-conditioners, computers, toilets shut down. And Third, if the City had a parade, etc. it would bring lots of revenue to the city and downtown. The Tennis Center might even show a profit for the day. And by only using the call-out personnel to cover all the services that are required to make the city run with little interruption in city services, we could do this. The hard working and dedicated employees made Defray "The Ali-American City" and we deserve more. Would real estate values and the tax base be what it is today, if not for all the I-[ARD WORK? "The recent acts of terrorism in our country draws attention to just how fragile our freedoms are. It has been the VETERANS of our nation who have safeguarded our liberties in foreign lands. Today, many of our service m~e~_ and women are servfng right here in the United State~ of America, ~t wa~ against a foe they may not recognize. These. young patriots deserve our appreciation, our suppor~ and our recognition:.- "Sunday, November l 1~, is a very special day for many Americans. It is the day that has been designated "Veterans Day" by the Congress of the United States to honor those who served in uniform during periods of conflict and challenge. It may ha~e I~een ih the.mo'squito-lnfested jungles at Oundalcanal, on the ~ozen tundra of the Korean Peninsula, in the muddy quagmire that were the rice paddies, in Vietnam or in a sandstorm near the Kuwaiti border. Wherever and whenever they were called to serve, they went. Now it's time to thank them". This Commission is a very honest and fair c. ommission and I would like to take the time to thank you for it's resent decision to support the "city employees called up into active military duty by paying the difference between their military l~ay and their city pay". I would like to quote President Lincoln when he had to explain to Congress and the Union his decision to fight the South and that hundreds of thousands of lives would be lost! "That it is the RIGHT thing to do". At this time I would like to take a couple of moments of silent prayer for the Sept. 11~ victims and all our military personal, past and present. Thank You. Your Humble Servant, 535 N.W. 4~ Ave. Delray Beach,__FI. 33444 No~/ember 3, 2001 - Dear Delray Beach city officials: ~M~i~i~ ~idt, Commissioners: Archer, Levison~ Pedman, I am attending this meeting as a member of the Inner Cimle Golf Club. I have resided in this All American city since August 1965. I am retired after 40 years of teaching, 33 of those years were in Palm Beach County and most were spent at Seacrest/Atlantic High School in Delray Beach. When I suffered a heart attack a few years ago, my family presented me with a golf cart on my next birthday. My doctor had stated that my exercise ritual of tiding around in a golf cart wasn't really exercise and that I should walk while golfing. I have met most of the Inner Circle members while walking at the Delray course. I subscribe to a golf membership as a necessary means of recreation and one I enjoy. This year, I am committing Mondays and Fridays as a walking member of the Inner Circle Golf Club. I am also an M.G.A. member and golf 18 holes on Wednesdays. It's rather discouraging to see the lack of support that the Inner Circle Club has encountered while golfing at our "public' ,aolf ~'~,,~_~_. I have heard conflicting reports about the granting and then the rescinding of tee times for the Inner Circle Club this year. At one point they were informed that they could have several reserved tee times and then were told they could not. This league must compete with the general public for the few walking times available on Mondays and Fridays. Non-residents, on the other hand are given preferential treatment. While resident fees have constantly gone up, nonresidents are now being offered memberships at a $200 discount over the adved, ised nonresident membership fees. Residents who call three days ahead for tee times are told all tee times are gone when actually some are saved for nonresidents who can call two days in advance. Walking fees, cart fees, and membership fees go up every year. Residents could pay up to $500 more this year because of these increases. In addition to these increases, my city taxes, which are constantly being increased, are used to support the golf course. I believe the city should support the residents who use the course year round. The Inner Circle will need 2 tee times in the summer time. They will need about 4 tee times in the Spring and also, in the Fall. In the Winter season, they may need up to 7 tee times. The turnouts could be less than stated, but they represent the maximum number of golfers that will participate. There are 11 time slots from 6:53 to 8:03 for golf walkers. There are still 4 to 7 time slots available for the general public to walk and the entire slate on Saturday, Sunday, and Tuesday thru Thursday. I thank you for your time and hopefully you will address some of my concerns!!!! Sincerely, William M. Chwalik 1116/01 To: Deiray Beach Commissioners_ From: The Inner Circle Golf Club President Dear Commissioners, I am attending this meeting this evening to appeal to you about getting set tee times for the Inner Circle Golf Club. The management of the golf couree and the Assistant City Manager has directed our club to appreach you about the tee times since you are the only body that has the authority to delegate such action. Our club, inaugurated in the year 1952, is now celebrating its 50th anniversary. Our group, at present, has 30 active golfere. Our "maximum" turnout has been "28" members participating in the tournaments. Dudng the summer we still participate with usually 2 foursomes. During the winter season our range of golfers will number from 4 to 7 foureomes. (16 to 28 golfere) We are a walking golf club and our golf days are on Mondays and Fridays with the allotted times of 6:53 to 8:03 which we share with the entire public. These allotted times do allow 11 foursomes to golf, which is a total of 44 golfers. If we, as a group were granted set tee times, there would still be reom for 4 to 7 foursomes for the general public or a range of 16 to 28 golfers. The general public would have the entire allotment of 44 golfers on Saturday, Sunday, and Tuesday through Thursday. Our group, in the past, has had set tee times. W'~ the changing of the operation of the golf course, we have been excluded from these tee times and the management appears to cater to the non-member and the non-resident golfer for monetary reasons. We are calling on the commissioners to support us, the local residents, in restoring our past tee times. We plead our case tO you this evening and hope that you will help us to continue to function in the years to come, as a Delray Beach residential golf club, Sincerely, Herbert W. Coman Jr. October 29, 2001 Mayor David Schmidt City of Delray 100 N.W. 1" Avenue ~)elray Beach, FL 33444 OCT 3 1 001 _ CiTY MANAGER Dear Mayor Schmidt: Very often in this fast paced world an individual can work diligently each and every day and never be recognized for what they do. I want to take a moment to congratulate you, the Commission, and especially the City Manager for having such an outstanding city staff. Over the past year, I have had occasion to work with eleven different departments within the City Government. I must say that I am thoroughly impressed. Every single person, without exception, has gone out of their way to be helpful, courteous, friendly, and thorough in assisting me with information, data, and help, which I had requested. To have so many people of such high caliber working within a government is an outstanding achievement. The Manager and Commission is to be commended for this accomplishment. Although the list of names is too extensive to print here, I especially wish to extend my sincerest thanks to Joseph Weidon and Tim Simmons of the City Parks & Recreation Dept. staff. Their cooperation and assistance in restoring the Spanish Trail Park and the Tropic Boulevard entrance to their original beauty exemplifies their commitment to their duties and making Delray such an exceptional place to live. Thanks again, to all of you, for leading Deiray to statewide prominence and All American City 2001. Very truly yours, Richard Vanfn/Gemert 912 Eve Street Delray Beach, FL 33483 P.S. You are welcome to read this letter at your next commission meeting should you so desire~ CC: Pat Archer, Commissioner Alberta McCarthy, Commbsioner Jeff Perlman, Commissioner Jori Levinson, Commissioner David Harden, City Manager Susan Ruby, City Attorney Joseph Weldon, Director Tim Simmons, Acting Supervisor