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12-11-01DECEMBER 11~ 2001 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor David W. Schmidt in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, December 11, 2001. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Jon Levinson Commissioner Alberta McCarthy Commissioner Jeff Perlman Mayor David W. Schmidt Absent - None Also present were - City Manager David T. Harden Assistant City Manager Robert A. Barcinski City Attorney Susan A. Ruby Assistant City Attorney Brian Shutt City Clerk Barbara Garito o The opening prayer was delivered by David T. Harden, City Manager. o The Pledge of Allegiance to the flag of the United States of America was given. o AGENDA APPROVAL. Mayor Schmidt noted that Item 9.A., License Agreement/Cause Events~ Inc. (Sportsfest 2002), of the Regular Agenda be pulled. Mr. Levinson requested that Item 9.H., Tribute to C. Spencer Pompey/Perfect Results~ Inc, be moved up on the Regular Agenda to Item 9.A. Mr. Perlman moved to approve the Agenda as amended, 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. APPROVAL OF MINUTES: None. o PROCLAMATIONS: None. At this point, the Commission moved to Item 7.C., Government Finance Officers Association - Certificate of Achievement for Excellence in Financial Reporting. o PRESENTATIONS: 7oCo Government Finance Officers Association - Certificate of Achievement for Excellence in Financial Reporting Mayor Schmidt presented the Certificate of Achievement for Excellence in Financial Reporting for fiscal year ending September 30, 2000 to Joe Safford, Finance Director. Mr. Safford came forward to accept the Certificate of Achievement plaque and stated the Finance Department has received this recognition for 18 consecutive years. Mr. Safford recognized and commended Milena Walinski, Assistant Finance Director, and the entire accounting staff for all their hard work in preparing the Comprehensive Annual Financial Report. 7oAo Theresa LePore~ Supervisor of Elections - New Voting Equipment Theresa LePore, Supervisor of Elections, briefly explained the new voting system for Palm Beach County. Ms. LePore stated the Supervisor of Elections office is going through the testing of the equipment and writing all the procedures for Tallahassee which is required by Law to have in place for the spring elections. Ms. LePore stated she is trying to get out to as many locations as possible concentrating on the incorporated areas and then, after April 1st, fanning out into the unincorporated area. Ms. LePore stated demonstrations will be given at various malls throughout the County and a mobile unit will be on-line in a couple of months to get out to street fairs and shopping center parking lots. In addition, Ms. LePore stated they also plan to be in all City Halls in Palm Beach County one week in February and are also hoping to get all cities at the same time to do a publicity notice. Ms. LePore stated the equipment will be set up where desired and she will work with the municipal clerks training a minimum of two employees to give instructions on how to use the machine. Ms. LePore stated the system is extremely easy to use and set up. Ms. LePore stated when someone goes to vote they will sign in and show photo ID as required by Law and if someone does not have a photo ID, they will have to provide an affidavit to prove who they are. The poll worker will give the voter a "smart card" which basically turns the machine on. The poll worker activates the card for the voter. In a regular election, municipal election or general election, all the cards are activated with the same ballot style. All ballot styles are in the machine and the card just tells the machine which ballot style to turn on. Ms. LePore explained that the card is inserted into the machine and should be pushed all the way in until it clicks. The card stays in the machine the entire time one is voting. Ms. LePore stated the beauty of this particular unit is that multiple languages can be put on and they are planning to put English and Spanish on for the spring and eventually adding Creole for the fall election. Ms. LePore stated an advantage to this machine is someone cannot over vote. the machine, Mrs. Archer asked if something did happen to the card and you had to go back to how long a delay would incur? In response, Ms. LePore stated it would depend on -2- 12/11/01 where the machine is located and the Sheriff's office would probably be put on standby. Ms. LePore stated it is just a matter of getting to the polling location and getting the machine back to the West Palm office. Mrs. Archer asked how long after the polls close does Ms. LePore expect to have the results from the election. In response, Ms. LePore stated she observed and election in Riverside, California in April and based on the fact that their polls were open from 7:00 a.m. and closed at 8:00 p.m., they were finished by 9:30 p.m. Therefore, Ms. LePore stated she is hopeful that the results of the election will be available within a few hours after the polls close. Also, Ms. LePore emphasized that if someone votes by absentee ballots it will be on the touch screen and if someone votes absentee by mail it will be an optical scan ballot. 7.8. Winners After School Program - "What It Means to Be an American" - Essay Contest Rich Connell~ Assistant Director of Parks and Recreatiom stated he spoke with Tanya Smith, Program Director, and Rodger Ribiero, Recreation Superintendent, about how the news media was saying how the events of September 11th has changed our lives forever. Mr. Connell stated he wondered how children have been affected by all this and also wanted to urge everyone to increase the educational component in the After School Program with homework assistance and thus came up with the idea of having an essay writing contest. Mr. Connell thanked the children and their parents for being in attendance this evening. Rodger Ribiero~ Recreation Superintendent~ stated after the events of September 11th, what would be the best way for the children to understand a little bit about our country. Mr. Ribiero stated the Parks and Recreation Department invited the VFW Post #6 to speak to the children at Pine Grove, the Community Center, and at Pompey Park to let them know what they had done. Tanya Smith~ Program Director~ stated the following are three categories of the contest: (1) Coloring, (2) Drawing, and (3) Essay. Ms. Smith stated she is very proud of the children. Mayor Schmidt presented the following winners of the Essay Contest Winners with art and essay awards: Community Center/Coloring: 1st Place Alkyshia McDonald - 1st Grade 2na Place Marsha Jean-Baptiste - Ist Grade 3ra Place JaTanga Rowell - 2na Grade Community Center/Drawing: None Community Center/Essay: 1st Place - Anthony Davis -3- 12/11/01 2nd Place - Lensa Jeudy 3rd Place - Jim Loseielle Pine Grove/Coloring: 1st Place - Guervely Cajuste 2ad Place - Shama Exantus Pine Grove/Drawing: 1st Place - Nadiyah Braxton 2ad Place - Marquis Huggins 3rd Place - Diamond Gardner Pine Grove/Essay: 1st Place - Lashundra Beauchamp 2ad Place - Tyrell Jones 3rd Place - Jessica Beauford Pompey Park/Coloring: 1st Place Kristin Johnson 2nd Place Bria Askins 3rd Place Lovensky Delva Pompey Park/Drawing: Marc StLouis Tatyona Evans Jared Johnson Shakira Robinson Donta Medina Rashaud McKennon go Pompey Park/Essay: Sylvester Louis Jacobi L. Demps Shamari Patrick CONSENT AGENDA: City Manager Recommends Approval. 8.A. LANDSCAPE AGREEMENT/RALPH ISUZU/DAEWOO DEALERSHIP: Approve a landscape agreement with Ralph Buick, Inc. (Ralph Isuzu/Daewoo Dealership), located at the northeast corner of South Federal Highway and Fladell's Way (Avenue F) (2501 South Federal Highway), to allow deferral of installation of the required 25' landscape strip along Federal Highway until future widening of Federal Highway occurs. 8ogo ACCEPTANCE OF EASEMENT DEED/DELRAY PARK OF COMMERCE (STORETECH PROJECT): Approve and accept an easement deed granting to the City the means to install and maintain a water main extension that was a requirement of the site plan approval for the Storetech project located in the Delray Park of Commerce adjacent to NW 17th Avenue. -4- 12/11/01 8.C. FUNDING AGREEMENT/WEED AND SEED PROGRAM: Approve funding agreements between the City and MAD DADS of Greater Delray Beach ($35,000.00), Children Learning After School Sessions, Inc. ($20,500.00), and Roots Cultural Festival, Inc. ($15,000.00) for participation in the U.S. Department of Justice Executive Office for Weed and Seed program for fiscal year October 1, 2001 to September 30, 2002. m.D. LANDSCAPE MAINTENANCE AGREEMENT/RENAISSANCE LIMITED LIABILITY CORPORATION: Approve a landscape maintenance agreement between the City and Renaissance Limited Liability Corporation to allow placement and maintenance of landscape material for the island(s) located within the right-of-way of N.E. 2nd Street adjacent to the Renaissance Village. 8.E. CHANGE ORDER #2/FINAL PAYMENT/SONIC ENGINEERING, INC. (INFRASTRUCTURE IMPROVEMENTS): Approve Change Order #2 in the amount of $6,654.15 and final payment in the amount of $22,937.81 to Sonic Engineering, Inc. for the Southridge Road, Sunset and Albatross Road Infrastructure Improvements project. Funding is available from 370-3162-541-65.46 (Southridge Road/Sunset/Albatross Road). 8.F. CONTRACT ADDITION (C.O. #D/DRILLING SERVICES, INC. (RECONSTRUCTION OF DRINKING WELL): Approve a contract addition (C.G. #1) to Drilling Services, Inc. in the amount of $51,850.37 for the reconstruction of Drinking Water Well #26 from its existing location south of SW 10th Avenue on the east side ofi-95 right-of-way to the intersection of SW 7th Street and Auburn Avenue. Funding is available from 442-5178-536-61.82 (Well Rehabilitation). 8.G. CONTRACT ADDITION (C.O. #1)/MURRAY LOGAN CONSTRUCTION, 1NC. (LIFT STATION REHABILITION): Approve a contract addition (C.G. #1) to Murray Logan Construction, Inc. for the rehabilitation of Lift Station #31 in the amount of $74,000.00, which includes replacement of deteriorated pumps and rails and breakaway flanges at nine (9) existing sanitary lift stations throughout the City. Funding is available from 442-5178-536-61.83 (Lift Station Rehabilitation). 8.H. LANDSCAPE MAINTENANCE AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)/A-1-A: Approve an agreement with the Florida Department of Transportation (FDGT) for landscape maintenance of a 2,745 foot section of A-l-A, located between Highland Beach City limits and the Linton Boulevard Bridge. 8.1. SPECIAL EVENT REQUEST/13TH ANNUAL DOWNTOWN ART FESTIVAL (HOWARD ALAN EVENTS, LTD.): Approve a special event request for the 13th Annual Downtown Art Festival sponsored by Howard Alan Events, Ltd. to be held January 19 and January 20, 2002, which includes waiving rental fees for use of City facilities, waiving costs associated with constructing/installing event signs and banners, and staff assistance with constructing/installing signs and banners. 8.J. SPECIAL EVENT REQUEST/FOTOFUSION 2002: Approve a special event request for Fotofusion 2002 to be held January 22 through January 26, 2002, which includes event -5- 12/11/01 signage (approximate cost $250.00), waiving costs associated with constructing/installing event signs and banners, and staff assistance with constructing/installing signs and banners. g.K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period December 3,2001 through December 7, 2001. 8oLo AWARD OF BIDS AND CONTRACTS: Bid award in the amount of $3,882,210.00 to Bean Stuyvesant for the beach renourishment contract. Funding for this item will be obtained through short-term financing with the entire cost of the contract later reimbursed from Federal, State, and County appropriations. ° Bid award to Eagle Painting in the amount of $27,550.00 for the painting of the Police and Fire Headquarters. Funding is available from 334-6112- 519-46.10 (Building Maintenance). Mr. Perlman moved to approve the Consent Agenda, 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. o REGULAR AGENDA: 9.A. (FORMALLY ITEM 9. H.) TRIBUTE TO C. SPENCER POMPEY/PERFECT RESULTS, INC.: Consider approving a $15,000 advancement to Perfect Results, Inc. for the production of a Black History video tribute to C. Spencer Pompey to be repaid to the City by Palm Beach County Commissioner Addie L. Greene. The City Manager acknowledged Mrs. Pompey who was present at the meeting. Mr. Perlman moved to approve a $15,000 advancement to Perfect Results, Inc. for the production of a Black History video tribute to C. Spencer Pompey, 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.A. LICENSE AGREEMENT/CAUSE EVENTS, INC. (SPORTSFEST 2002): Consider approval of a license agreement with Cause Events, Inc. for use of the Tennis Center and other City facilities for "Sportsfest 2002" to be held March 23, 2002 from 10:00 a.m. until 11:00 p.m. Cause Events, Inc. will be responsible for staging, production, management, promotion, advertising, concessions, utilities, clean-up and trash removal, and Police and Fire overtime. The City will provide signage, barricade assistance and use of parking lots for the event. The event is to include Golden Gloves boxing and other sporting events. This item has been pulled from the agenda by staff. -6- 12/11/01 9.B. BONUS PAYMENT TO JCD SPORTS GROUP: Consider approval of the FY2000-2001 bonus payments to JCD Sports Group for golf operations in the amount of $17,500 and for Tennis Center operations in the amount of $3,000. Funding is available in the amount of $12,000 from 445-4711-572-34.90; $5,500 from 446-4711-572-34.90; $1,500 from 001-4124- 572-34.90 and $1,500 from 001-4133-472-34.90. (Other Contractual Services). Robert A. Barcinski, Assistant City Manager, stated some additional information particularly as it applied to the Lakeview questions are outlined in a memo from JCD Sports Group. In addition, Mr. Barcinski stated there is a cover memo from himself attached and information regarding comparative income statements for both facilities. Prior to the vote, Mr. Perlman stated he cannot support the bonus for tennis. Although Mr. Perlman feels the hiring of Dick Stockton was a big stride, he has a different philosophy on bonuses. Mr. Perlman stated there were significant things that were not accomplished from the performance standards with regard to the tennis. Mr. Perlman stated he is happy that the City is moving in the right direction and feels the Task Force has done a good job although we still have not addressed the long-term viability and use of the stadium. Mr. Levinson moved to approve a bonus payment of $1,980 for tennis, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - No; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 1 vote. Prior to the vote, Mr. Levinson commented that the number he came up for using the weighted average which is $12,231. Therefore, Mr. Levinson stated he cannot support the bonus payment of $17,500. Mayor Schmidt stated he agrees with comments expressed by Mr. Levinson at the December 4th Commission Meeting and stated that some of the projections were not made. Mayor Schmidt stated he has a problem with the structure of the bonus and feels several of the performance standards were not met and therefore he cannot support this either. Mr. Perlman moved to approve the bonus payment of $17,500 for golf, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - No; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - No; Ms. McCarthy - Yes. Said motion passed with a 3 to 2 vote. At this point, Ms. McCarthy stated that because there has been so much discussion regarding weighted measures, that this be discussed further at a Workshop Meeting in January. Mr. Barcinski so noted and commented this is the recommendation of the Tennis Task Team and that the Commission plan to Workshop this for sometime in January. Ms. McCarthy requested that this also be for the golf course as well and prioritize these goals so that the Commission knows what is expected and what is not expected. Mayor Schmidt stated he agrees with comments expressed by Ms. McCarthy. Mr. Levinson requested that the Business Plan (which was an obligation of the contract) be delivered to him which was prepared for fiscal year 2002 by Mr. Dubin. -7- 12/11/01 Mrs. Archer stated that she concurs with Commissioner McCarthy's concept that she does not feel it is appropriate to change course halfway through the year. 9.C. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION: Consider an appeal of a decision of the Site Plan Review and Appearance Board's action relating to the architectural elevations Associated with Morse Kia, located at the northwest corner of South Federal Highway and Avenue F. Quasi-judicial Hearing Mayor Schmidt asked the Commission to disclose any ex parte contacts. Mr. Levinson stated he had contact with Michael Weiner. Ms. McCarthy stated Michael Weiner is the only person she has communicated with on this. Mayor Schmidt stated he also spoke with Michael Weiner. Mr. Perlman stated he has had no ex parte contacts. Mrs. Archer stated she too spoke with Michael Weiner. The City Attorney politely asked if anyone from the public wishes to address the Commission regarding the appeal, to please step forward at this time and be sworn in by the City Clerk. Barbara Garito, City Clerk, swore in those individuals who wished to give testimony on this item. Mr. Dorling stated at its meeting of November 14, 2001, SPRAB considered the Class IV site plan modification, landscape plan and elevations for Morse Kia Dealership. Mr. Dorling stated the improvements included a 4,669 square foot metal service building addition to the west side of the sales building as well as a 1,503 square foot addition to the front of the sales building. The Site Plan Review and Appearance Board did not have any issues with the proposed stucco CBS building addition on the front. However, SPRAB did have concerns with the 5,669 square foot metal building proposed to the rear of the structure. Staff initially recommended that the elevations be approved subject to the bottom half of the building provide a stucco base around the entire building to soften the elevations. SPRAB had significant discussion thought it was inappropriate to have the metal building along Federal Highway as well as along Dixie Highway. Mr. Dorling showed slides of the existing building as well as the proposed elevations. Francisco Perez-Azua~ Chairman of SPRAB~ gave the Commission some background on the metal building. In the past few months, Mr. Perez-Azua stated it has been the position of SPRAB that metal buildings should be phased out of the town in order to improve the town. Mr. Perez-Azua stated it has been the general direction of the Board to not approve metal buildings. Mr. Perez-Azua explained with this particular project, the Board deliberated for quite some time because of the location of the metal building. Paul Dorling, Planning Director, entered into the record the Planning and Zoning Department's project file #2001-284 as well as the Power Point presentation. Michael S. Weiner~ Attorney representing the applicant Morse Kia and Morse -8- 12/11/01 Operations~ Inc, stated it is his understanding that Mr. Perez-Azua did not have anything personally against the metal building and that he considered wings covering a building to be sufficient in his personal opinion. Mr. Perez-Azua stated he did express concerns with having a metal building. However, as a compromise he offered a solution of putting concord wings so the metal building would not be seen from Federal Highway. Michael Weiner stated they wish to appeal the denial by the Site Plan Review and Appearance Board of the architectural elevations of Morris Kia in connection with the Class IV site plan that was presented to that Board. Mr. Weiner stated that hearing before SPRAB was conducted on November 14, 2001, and all other matters associated with the site plan were approved in accordance with the LDR's including LDR 2.4.5. Mr. Weiner stated the property is located at the northwest corner of South Federal Highway and Fladell' s Way (Avenue "F"). Mark Marsh~ architect with Digby Bridges~ Marsh and Associates~ stated he made the presentation to SPRAB on November 14, 2001, and as Mr. Perez-Azua stated, they were discussing options and it was basically a Board position that metal buildings would not be approved in this location. Mr. Marsh displayed an aerial view of South Federal Highway and Dixie Highway. Mr. Marsh stated he feels by creating a more permanent building in front of the metal building to mitigate the exposure to the right-of-way would make it consistent and overall is a good solution for the owner. At this point, Mr. Weiner submitted Mr. Marsh's exhibits into the record. In addition, Mr. Weiner stated he would like to submit for the record a transcript of a portion from the SPRAB Meeting, and Section 4.6.18 of the LDR's and the case of Sunad Inc. vs. the City of Sarasota which is a Supreme Court case. Mr. Weiner stated with this particular situation compliance and concurrency are not an issue, but stated the only two issues are consistency and compatibility. Mr. Weiner respectfully requests that the site plan elevation be approved with the conditions of the staff report but without the requirement of banding. However, if the Commission would like to consider some kind of wall in order to keep it from being seen from Federal Highway, then the applicant would consider it. The City Attorney politely asked that if anyone else from the public would like to speak for or against the appeal, to please step forward at this time. No one else from the public came forward to speak for or against the appeal. Discussion by the Commission and Mr. Weiner followed. With regard to the word "banding" that Mr. Weiner referred to, Mr. Perlman inquired whether or not this is another word for stucco base. Mr. Weiner stated there was talk about banding around the building and emphasized that this leads to more difficult aesthetic problems because metal heats up at a different temperature than stucco. The stucco then begins to break up and, before you know it, you end up with ugly-looking aesthetic situations. Mr. Perez-Azua stated the majority of the Board was against the metal building. Therefore, even though there was discussion of the wing, the motion was read without mention of the wings. Mr. Perez-Azua stated most of the Board members were not really interested in looking at the wings. -9- 12/11/01 Mrs. Archer stated she understands SPRAB's desire to not approve any more metal buildings in the City and explained she is in favor of this. However, Mrs. Archer stated she has difficulty with the fact that we are dealing with an automotive use in an area where automotive uses are approved and, currently, the City allows metal buildings. Mrs. Archer feels there should be changes made to the Code to not allow metal buildings. Mrs. Archer stated with a wing wall and increased landscaping along Dixie Highway to shield it from that side, she would vote to grant the appeal. Mr. Levinson stated he feels there are a number of products that can be applied to a metal building that do not affix permanently to the entire structure but can breathe with the building. Mr. Levinson stated he feels the issue is not whether or not there are metal buildings in other locations around it, but the first hurdle is "is this building compatible with the balance of the buildings on this site?" Mr. Levinson explained that the answer to this is clearly "no". Mr. Levinson feels that something aesthetically needs to be done to the structure to make it more compatible with the existing and the proposed modifications to this particular building and site. Mr. Levinson stated he would uphold SPRAB's denial and the applicant suggested to go back with some architectural elements that would be applied to this building to make it more compatible with the existing and the proposed remake of this structure (banding, stucco base). Mr. Marsh stated there are materials available when turning a metal building into a stucco building. As a result, it was applied with the expansion, but then spider cracks appeared across the entire building. With regard to the skirting that was proposed by staff which was approximately one-third the height of the building, Mr. Marsh stated this did not make sense because there is landscaping and automobiles blocking the view of the building, not to mention more than half the building is an overhead door. Mr. Levinson asked Mr. Marsh if the building could be CBS and not metal. In response, Mr. Marsh stated that the building could be made of CBS. Mr. Marsh stated the metal is used because it is practical, economical, and is compatible with what has been done in the area. Ms. McCarthy stated she often hears reference to a "temporary building" that has been on this site for twenty years and asked what this means. In response, Mr. Dorling stated it means that there are requests that the City entertains for auto dealerships for temporary sales offices which turn out to be permanent offices. Many times an applicant will get approval as part of an expansion proposal and the expansion does not occur and the temporary units are never removed. Mr. Dorling explained that there is some argument because they are temporary buildings that are permanently anchored down. In most cases, the buildings are approved as temporary and then not removed. The City Manager asked Mr. Dorling on this particular site is this building temporary and is it legally classified by the City as a temporary building? In response, Mr. Dorling stated as far as the City is concerned, this building is not legally classified as a temporary building. -10- 12/11/01 Ms. McCarthy commented that if the applicant comes to the City and would like to build a metal building and put wings on it, can she be reassured that there is no need for the City to be suspicious of the applicant and we should not be led to believe that they have done something improper. Mr. Dorling stated there is no reason to have any suspicion of the applicant with regard to this building. Mr. Perlman stated he supports what SPRAB's intentions are but after reviewing the LDR's to try and support SPRAB, he does not understand what is meant by "honest design construction" and "is appropriate to surroundings." Overall, Mr. Perlman feels they are being let down by the LDR's in this case. Mayor Schmidt concurs with comments expressed by Mr. Perlman. Mayor $chmidt stated the appropriate thing for SPRAB to do would be to make a recommendation to the Commission that the City eliminate metal buildings. Mr. Levinson stated there are a number of things that can be done to a metal building and commented that he has seen nothing done to the proposed building that indicates there is any aesthetic composition to accommodate the current structure. Mr. Levinson stated there are applications of other metal products and other things that are not included in this design that could be applied to a metal building that would make it more compatible with the existing structure. Mrs. Archer moved to grant the appeal subject to the conditions recommended by staff and the addition of the wing wall and the additional landscaping, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - No; Ms. McCarthy - Yes; Mayor $chmidt - Yes. Said motion passed with a 4 to 1 vote. For a point of clarification, Mr. Dorling asked if the conditions recommended by staff include the base along the bottom of the wall. In response, Mrs. Archer stated the wing wall and the additional landscaping are the two conditions she is referring to and not the base along the bottom of the wall. At this point, the time being 7:25 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 52-01 (ADOPTION HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2001-03): Consider adoption of Ordinance No. 52-01 which adopts Comprehensive Plan Amendment 2001-3 which includes creation of a new Public Schools Facilities Element, which will include a definition section and related map series, and revision to the existing Capital Improvement Element to include the School District's adopted Six-Year Capital Facilities Plan. (Pursuant to Florida Statute 163.3187(1)(j), this amendment is exempt from the twice a year Comprehensive Plan amendment imposed by Florida Statute). The City Manager presented Ordinance No. 52-01: -11- 12/11/01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2001-3 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2001-3" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 52-01 is on file in the City Clerk's office.) The City Manager read the caption of the ordinance. Dan Marfino, Principal Planner, stated this amendment represents the third amendment for the year 2001. Pursuant to Florida Statute 163.187(1)(j), this amendment is exempt from the twice a year Comprehensive Plan amendment limit imposed by Florida Statute. This amendment will include creation of a new Public School Facilities Element, which will include a definition section and related map series, and revisions to the existing Capital Improvement Element to include the School Districts adopted Six-Year Capital Facilities Plan. At its meeting of September 24, 2001, the Planning and Zoning Board considered Amendment 2001-3 and recommended approval of the transmittal of the amendment to the Florida Department of Community Affairs. As DCA declined to issue an ORC report regarding Amendment 2001-3, it was not necessary for the amendment to be brought back before the Planning and Zoning Board. Staff recommends approval of the transmittal of the amendment to the Florida Department of Community Affairs. Mr. Marfino stated upon determination of compliance, the effective date of the amendment is 45 days from today. Mr. Perlman complimented Mr. Marfino for all his hard work with regard to the Comprehensive Plan Amendment. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission on this item, the public hearing was closed. Mr. Perlman moved to adopt Ordinance No. 52-01, seconded by Mrs. Archer 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. 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. -12- 12/11/01 ll.A. City Manager's response to prior public comments and inquiries. inquiries. The City Manager had no comments or inquiries to prior public comments and 11.B. From the Public. ll.B.1. Scott Magazine, 580 N.W. 47th Avenue, speaking on behalf of the Rainberry Woods Neighborhood Association expressed concern over a communication problem with the Community Improvement Department and the Police Department. Mr. Magazine stated there was a meeting between Lula Butler, Director of Community of Improvement, Ken Thomas, Community Development Administrator, and residents from Rainberry Woods. Mr. Magazine stated approximately one year ago residents from Rainberry Woods asked multiple questions but stated no one called back with answers to those questions. Mr. Magazine stated after that there were more messages left and still he received no reply. Mr. Magazine stated at this point the same questions were brought before the Mayor and stated Ms. Butler wrote down his office number and cell phone number but he never heard from her. Mr. Magazine commented that he is very interested in getting more active and involved in the community. He feels the Community Improvement Department is supposed to help the residents of areas throughout the City within reasonable time limits. Mr. Magazine stated residents of Rainberry Woods are very upset over this issue and although they continually ask the same questions, as of this date they have not received any response. ll.B.2. Jean Beer, 2145 S.W. 26th Terrace, stated one of the things that have been discussed at more than one PROD Meeting is concern over the City Codes. Ms. Beer stated PROD is very concerned that a developer can come to the City and pay "xxx" amount of dollars and get a change to the Comprehensive Plan or the LDR's because of the project. Ms. Beer feels if there are going to be changes in the Comprehensive Plan or the LDR's, it should come as a suggestion from the Planning staff and not developers. Ms. Beer urged the City to have good codes and abide by them because she feels this will make a better City for everyone. At this point, Mr. Perlman commented that the CRA has hired an Urban Designer and one of her first tasks will be to contract with a firm to review the codes, particularly the design codes. Ms. Beer stated it is not just the design codes that need to be looked at, but also metal buildings and out parcels need to be addressed. Ms. Beer stated she would like to see it stopped that anyone can come in a pay $500 and get a code change for their project. Ms. Beer feels this is what needs to be changed in the Code and stated it should come from the Planning Department and not from a developer. At this point, the Commission moved to Item 9.D. of the Regular Agenda. 9.D. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Approve a special event request and endorse the Art & Jazz on the Avenue scheduled for January 24, 2002 from 6 p.m. to 11 p.m., granting 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 Avenue to NE 1 st -13- 12/11/01 Street, NE 2nd Avenue from Atlantic Avenue to NE 2nd Street, use of the east end of the Tennis Center parking lot, and to authorize staff support for security and traffic control, banner hanging and removal, barricade set-up and removal, clean up, and use/set-up of City stages. Robert A. Barcinski, Assistant City Manager, stated this is a request for the Commission to endorse the next Art & Jazz on the Avenue scheduled for January 24, 2002 from 6:00 p.m. to 11:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(H) for the closure of Atlantic Avenue from Swinton to N.E. 7th Avenue, the south side of Atlantic Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic to N.E. 1st Street, N.E. 2nd Avenue from Atlantic Avenue to N.E. 2nd Street, use of the east end of the Tennis Center parking lot, and to authorize staff support for security and traffic control, banner hanging and removal, barricade set up and removal, clean up, use and set up of City stages. The estimated overtime cost for this event is $8,800. The City Commission has capped the amount the City would pay for overtime at $6,500. Mr. Barcinski stated that Ms. Marjorie Ferrer has requested that the overtime costs be waived or that the cap be increased. Staff recommends endorsement of the event, staff support as requested, and that the overtime waiver remain the same with the cap of $6,500. Ms. McCarthy asked if there is a specific reason why the Commission approves this event every two or three months instead of just approving this event once for the year. In response, Ms. Ferrer, Downtown Coordinator, stated there are five Art & Jazz events held per year and generally the dates of all five are given to the Commission. As a result of the Joint Venture recap of the last eight years, one of the things was to expand Art & Jazz on the Avenue geographically to represent the two newly renovated areas. Ms. Ferrer stated this is at the request of the supporting Boards of the Joint Venture and the merchants. Mr. Barcinski stated the only change is that staff could probably amend it in the overtime estimates that tend to change from year to year. Mr. Levinson commented that he agrees with Ms. McCarthy's comments and stated this would save Ms. Ferrer from coming before the Commission five times a year. Mayor Schmidt suggested that this event even be placed on the Consent Agenda. Mrs. Archer asked when Old School Square finishes its bathrooms, will Art & Jazz be able to use those bathrooms and perhaps cut down on the cost of port-o-lets. In response, Ms. Ferrer stated she certainly hopes so, but port-o-lets are not needed in that particular area. Furthermore, Ms. Ferrer stated port-o-lets will be needed at the tennis center and near Worthing Park. Mr. Perlman stated he is happy to see Ms. Ferrer moving west and working with WARC. Mr. Perlman moved to approve the special event request for Art & Jazz on the Avenue with the City Manager's recommendation that the extra overtime costs not be waived and -14- 12/11/01 that the overtime be capped at $6,500, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9oto CABLE FRANCHISE AGREEMENT RENEWAL PROCESS/ APPOINTMENT OF OUTSIDE COUNSEL: Consider renewal options and appointment of an outside counsel, Ila Feld with Leibowitz & Associates, to act as consultant for the cable renewal franchise process with Adelphia Cable. The current franchise agreement expires July 22, 2004. Brian Shutt, Assistant City Attorney, stated the City has been contacted by Adelphia Cable and they would like to start the renewal process and that process is governed by Federal Laws regarding timeframes, etc. as outlined in his memo. In addition, staff is requesting appointment of outside counsel to handle certain issues of the franchise renewal agreement to define someone who is more of an expert in that particular area. The City Attorney stated the ultimate goal of staff is to do most of this in-house and to insure the City is getting the best deal. Mayor Schmidt asked the City Attorney if Ms. Ila Feld from Leibowitz & Associates has required a retainer. In response, the City Attorney stated it is her understanding that there is not a retainer. Mr. Perlman stated he has received numerous calls from people that are being driven mad by Adelphia's service and asked if the City has other options other than this particular provider. In response, Mr. Shutt stated this is a non-exclusive franchise agreement so if there is anyone else out there who would like to provide cable service then this could be brought before the Commission. Mr. Shutt stated he is not aware of any other provider who has approached the City. Mr. Perlman asked if the Commission will have the opportunity to review the performance standards with the outside counsel and the City Attorney's office so that if the provider does not provide good service, then the City has some recourse. Mr. Shutt stated that this could certainly be done. Mrs. Archer commented that she has received a tremendous number of complaints and in the face of extremely high rising costs and asked if it would be possible to open this up to bid. She commented that someone asked her today if the City could establish a Cable Review Commission within the City to handle some of the complaints. Mrs. Archer stated she believes performance is probably the biggest problem and asked if there is any way that the City can consult the public regarding the issues that have been coming up on a repetitive basis and whether or not the City can go out to bid. The City Attorney stated that the City could go out to bid for a request for proposal (RFP) if the Commission wishes to do so. The City Attorney stated it is fine to involve anyone who would like to give the City information with performance standards. The City Attorney stated that the outside firm may be helpful to the City in setting up community meetings or have public input. -15- 12/11/01 The City Manager stated people should complain to their Congressmen because the City use to have much more power to deal with the cable company, but Congress took most of that away from the City. Mr. Levinson stated there are clearly some things which can be done in terms of getting them to provide more for us in exchange for this license agreement. Currently, Mr. Levinson stated Adelphia is obligated to provide three channels; one for government, one for education, and one for community notice. With regard to performance standards, Mr. Levinson stated what they are doing in Broward, they are dealing with wait times on the telephones, time to repair, and a variety of credits when there are outages. Mr. Levinson stated Leibowitz & Associates is a very reputable law firm and encouraged staff to use them to help the City look at what other communities have been able to do from a business perspective. Mr. Levinson stated he feels it would not hurt to have some community-wide meetings and perhaps see whether there are other companies that would be interested. Ms. McCarthy stated she would like to make sure that when the City looks for recourse, it is not the citizen who is inconvenienced. She explained when there is a power outage the cable company does not discount your bill. Ms. McCarthy would like to make sure that this is addressed contractually for the consumers benefit. Mrs. Archer moved to approve the Cable Franchise Agreement Renewal Process and appointment of an outside counsel, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.F. PROPOSAL FOR SETTLEMENT/PRATT v. CITY OF DELRAY BEACH, et al: Consider a proposal for settlement in the case of Eric Pratt vs. the City of Delray Beach for $79,999.00. Staff recommendation is denial. The City Attorney stated staff recommends denial of this offer at this time because staff would like to work with them a little more and review medical records more extensively. Mr. Perlman moved to deny the proposal for settlement, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion to deny passed with a 5 to 0 vote. 9.G. APPOINTMENTS TO THE ELDER READY TASK FORCE: Appoint fifteen (15) members to the Elder Ready Task Force. According to Resolution No. 65-01, each member of the City Commission will appoint three (3) members to the Elder Ready Task Force with the Mayor appointing a Chairperson from the membership. The appointments will be made by Commissioner Perlman (Seat #1), Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4) and Mayor Schmidt (Seat #5). Also under consideration is Commission Liaison. Mr. Perlman moved to appoint Officer Skip Brown (Police Department) to the -16- 12/11/01 Elder Ready Task Force, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. Mrs. Archer moved to appoint Edith Thompson (Community Neighbors Helping) to the Elder Ready Task Force, 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. Mr. Levinson moved to appoint Ivan Ladizinsky (Marketing) to the Elder Ready Task Force, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Ms. McCarthy moved to appoint Arthur Anderson (Doctor) to the Elder Ready Task Force, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. Mayor Schmidt moved to appoint Richard Evans (Chaplain) to the Elder Ready Task Force, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. Mr. Perlman moved to appoint Emmett Gumm (Retire - SCORE) to the Elder Ready Task Force, 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. Mrs. Archer moved to appoint Benjamin Knabb (Fire Department Lieutenant) to the Elder Ready Task Force, 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. Mr. Levinson moved to appoint James Smith (Retired - Controller) to the Elder Ready Task Force, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Ms. McCarthy moved to appoint Phyllis Rosen (Home Care Provider) to the Elder Ready Task Force, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. Mayor Schmidt moved to appoint Jeanette Slavin (Florida Silver Haired Legislature) to the Elder Ready Task Force, seconded by Ms. McCarthy. Upon roll call the -17- 12/11/01 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. Mr. Perlman moved to appoint Deena Baggott (Police Department) to the Elder Ready Task Force, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy -Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. Mrs. Archer moved to appoint Gerald Franciosa (Retired) to the Elder Ready Task Force, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - No; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 1 vote. Mr. Levinson moved to appoint Alberta Gaum-Rickard (Parks & Recreation Department) to the Elder Ready Task Force, 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. Ms. McCarthy moved to appoint Carolyn Zimmerman (Senior Citizen) to the Elder Ready Task Force, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. Mayor Schmidt moved to appoint Bern Ryan (Property Manager) to the Elder Ready Task Force, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. Mayor Schmidt moved to appoint Officer Skip Brown (Police Department) as Chair to the Elder Ready Task Force, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. It was the consensus of the Commission to not appoint a formal liaison, but that the Commission attend the meetings periodically. 9.H. TRIBUTE TO C. SPENCER POMPEY/PERFECT RESULTS, INC.: Consider approving a $15,000 advancement to Perfect Results, Inc. for the production of a Black History video tribute to C. Spencer Pompey to be repaid to the City by Palm Beach County Commissioner Addie L. Greene. This item has been moved to the Regular Agenda as Item 9.A. Readings. At this point, the time being 8:00 p.m., the Commission moved to Item 12, First -18- 12/11/01 12. FIRST READINGS: 12.A. ORDINANCE NO. 61-01: An ordinance amending Land Development Regulations Section 4.4.13(G)(1)(a) regarding Residential Parking Requirements in the CBD (Central Business District. If passed, a public hearing will be scheduled for January 8, 2002. The City Manager presented Ordinance No. 61-01: 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 SECTION 4.4.13, "CENTRAL BUS1NESS DISTRICT", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", PARAGRAPH (1), "PARKING" TO ELIMINATE THE PROVISION ALLOWING CONVERSION OF RESIDENTIAL SPACE TO NON-RESIDENTIAL SPACE WITHOUT PROVIDING ADDITIONAL PARKING WITHIN A PORTION OF THE CBD ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 61-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Planning Director, stated currently the parking requirements for non- residential development within the original DDA area is one space per each 300 square feet of building area and the requirements for residential development is lower based on the number of units. Mr. Dorling stated changes in both residential and non-residential, except restaurants, do not require additional parking. Therefore, a residential unit or units could be converted to a commercial use, except restaurants, without providing additional parking even though the parking demands would be much greater. This provision is counterproductive to the City's efforts to encourage additional housing downtown. At its meeting of November 19, 2001, the Planning and Zoning Board voted 5-0 to recommend approval of the proposed text amendment, based upon positive findings with respect to LDR Section 2.4.5(M)(5). The proposed amendment was reviewed by the Downtown Development Authority (DDA), Community Redevelopment Agency (CRA), and the Parking Management Advisory Board (PMAB) and all of these Boards recommended approval. Mr. Levinson moved to approve Ordinance No. 61-01 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 62-01: An ordinance providing for Charter revisions by -19- 12/11/01 repealing Article III, "Legislative", and enacting a new Article III, "Legislative", to the City Charter by repealing Article VIII, "Municipal Courts", and amending remaining Articles I, II, IV, V, VI, and VII to clarify, delete obsolete reference, correct grammatical errors, reorganize and to enhance the Charter's "Readability"; providing for a Referendum. If passed, a public hearing will be scheduled for January 8, 2002. The City Manager presented Ordinance No. 62-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS BY REPEALING ARTICLE III, "LEGISLATIVE", AND ENACTING A NEW ARTICLE III, "LEGISLATIVE", TO THE CITY CHARTER OF THE CITY OF DELRAY BEACH BY REPEALING ARTICLE VIII, "MUNICIPAL COURTS", AND AMENDING REMAINING ARTICLES I, II, IV, V, VI, AND VII TO CLARIFY, DELETE OBSOLETE REFERENCES, CORRECT GRAMMATICAL ERRORS, REORGANIZE AND TO ENHANCE THE CHARTER'S "READABILITY"; PROVIDING FOR A REFERENDUM; PROVIDING FOR A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 62-01 is on file in the City Clerk's office.) The City Manager read the caption of the ordinance. Mr. Perlman moved to approve Ordinance No. 62-01 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Peflman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 1_ RESOLUTION NO. 71-01: A resolution calling for a special election on Charter change to be held on March 12, 2002, to provide for a Referendum on the Charter change presented in Ordinance No. 62-01. The City Manager presented Resolution No. 71-01: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION ON A CHARTER CHANGE TO BE HELD ON MARCH 12, 2002, TO PROVIDE FOR REFERENDUM ON THE CHARTER CHANGE PRESENTED IN ORDINANCE NO 62-01; PROVIDING FOR THE TIME, MANNER AND MEANS OF HOLDING SAID ELECTION, PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. -20- 12/11/01 (The official copy of Resolution No. 71-01 is on file in the City Clerk's office.) Mr. Perlman moved to approve Resolution No. 71-01, 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 passed with a 5 to 0 vote. 12.C. ORDINANCE NO. 63-01: An ordinance providing for Charter revisions by amending Article III, "Legislative", Section 3.01, "Commission-City Manager Form of Government; Term of Office; Number; Offices of Vice-Mayor and Deputy Vice-Mayor; Succession to the Office of Mayor", providing for the length of the Mayor's term if elected at a Special election; by repealing Section 3.06(d), "Vacancies; Forfeiture of Office; Filling of Vacancies", and enacting a new Section 3.06(d), "Filling a Vacancy in the Office of Mayor" and subsection 3.06(d)(1)(2)(3)(4) and (5); to provide for filling a vacancy in the Office of Mayor; by amending Ordinance No. 62-01 by repealing Sections 3.08(b)(1)(2) and (3) of Ordinance No. 62- 01 and enacting a new Section 3.08, "Filling of Vacancy in the Office of Mayor" and Subsections 3.08(b)(1)(2) and (3), to provide for the filling of vacancy in the Office of Mayor, providing for the length of the Mayor' s term if elected at a Special election, providing for the Vice-Mayor to serve as Mayor until the next election if 60 or more days remain until the next election of if less than 60 days remain requiring a Special election to fill the vacancy in the Office of Mayor, providing for the qualification of candidates for a Special election to fill a vacancy in the Office of Mayor, the date of assumption of Office of the Mayor elected at the Special election, providing that the term of the Commissioner filling a vacancy created by the Vice-Mayor succeeding as Mayor shall be only until the next election instead of the Mayor's term of office, unless a vacancy is created less than 60 days before the election then the seat shall remain vacant until after a Mayor is elected at the Special election; providing for the filling of vacancies in the Office of Vice-Mayor and Deputy Vice-Mayor; providing for a referendum on March 12, 2002. If passed, a public hearing will be scheduled for January 8, 2002. The City Manager presented Ordinance No. 63-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS BY AMENDING THE CHARTER OF THE CITY OF DELRAY BEACH, ARTICLE III, "LEGISLATIVE", SECTION 3.01, "COMMISSION-CITY MANAGER FORM OF GOVERNMENT; TERM OF OFFICE; NUMBER; OFFICES OF VICE-MAYOR AND DEPUTY VICE- MAYOR; SUCCESSION TO THE OFFICE OF MAYOR", PROVIDING FOR THE LENGTH OF THE MAYOR' S TERM IF ELECTED AT A SPECIAL ELECTION; BY REPEALING SECTION 3.06(d), "VACANCIES; FOERFEITURE OF OFFICE; FILING OF VACANCIES", AND ENACTING A NEW SECTION 3.06(d), "FILLING A VACANCY IN THE OFFICE OF MAYOR" AND SUBSECTIONS 3.06(d)(1)(2)(3)(4) AND -21- 12/11/01 (5); TO PROVIDE FOR FILLING A VACANCY IN THE OFFICE OF MAYOR; BY AMENDING ORDINANCE NO. 62- 01 BY REPEALING SECTIONS 3.08(b)(1)(2) AND (3) OF ORDINANCE NO. 62-01 AND ENACTING A NEW SECTION 3.08, FILLING OF A VACANCY IN THE OFFICE OF MAYOR" AND SUBSECTIONS 3.08(b)(1)(2) AND (3), TO PROVIDE FOR THE FILLING OF VACANCY IN THE OFFICE OF MAYOR, PROVIDING FOR THE LENGTH OF THE MAYOR' S TERM IF ELECTED AT A SPECIAL ELECTION, PROVIDING FOR THE VICE-MAYOR TO SERVE AS MAYOR UNTIL THE NEXT ELECTION IF 60 OR MORE DAYS REMAIN UNTIL THE NEXT ELECTION OR IF LESS THAN 60 DAYS REMA1N REQUIRING A SPECIAL ELECTION TO FILL THE VACANCY IN THE OFFICE OF MAYOR, PROVIDING FOR THE QUALIFICATION OF CANDIDATES FOR A SPECIAL ELECTION TO FILL A VACANCY IN THE OFFICE OF MAYOR, THE DATE OF ASSUMPTION OF OFFICE OF THE MAYOR ELECTED AT THE SPECIAL ELECTION, PROVIDING THAT THE TERM OF THE COMMISSIONER FILLING A VACANCY CREATED BY THE VICE-MAYOR SUCCEEDING AS MAYOR SHALL BE ONLY UNTIL THE NEXT ELECTION INSTEAD OF FOR THE MAYOR'S TERM OF OFFICE, UNLESS A VACANCY IS CREATED LESS THAN 60 DAYS BEFORE THE ELECTION THEN THE SEAT SHALL REMAIN VACANT UNTIL AFTER A MAYOR IS ELECTED AT THE SPECIAL ELECTION; PROVIDING FOR THE FILLING OF VACANCIES IN THE OFFICE OF VICE- MAYOR AND DEPUTY VICE-MAYOR; PROVIDING FOR A REFERENDUM ON MARCH 12, 2002; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 63-01 is on file in the City Clerk's office.) The City Manager read the caption of the ordinance. Mrs. Archer moved to approve Ordinance No. 63-01 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 1. RESOL[ITION NO. 72-01: A resolution calling for a special election on Charter change to be held on March 12, 2002, to provide for a referendum on the Charter change presented in Ordinance No. 63-01. The City Manager presented Resolution No. 72-01: -22- 12/11/01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION ON A CHARTER CHANGE TO BE HELD ON MARCH 12, 2002, TO PROVIDE FOR A REFERENDUM ON THE CHARTER CHANGE PRESENTED IN ORDINANCE NO. 63-01 PROVIDING FOR THE TIME, MANNER AND MEANS OF HOLDING SAID ELECTION, A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Resolution No. 72-01 is on file in the City Clerk's office.) Mrs. Archer moved to approve Resolution No. 72-01, 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. 12.D. ORDINANCE NO. 64-01: An ordinance providing for Charter revisions by amending Article III, "Legislative", Section 3.0.1, "Commission City Manager Form of Government; Term of Office; Number; Office of the Vice-Mayor and Deputy Vice-Mayor; Succession to the Office of the Mayor; Term Limits", by repealing Section 3.01(c) and enacting new Section 301(c) and by amending Ordinance No. 62-01, Section 3.09, "Term Limits", by amending Subsection (a), to provide that effective 2003 and thereafter a Commissioner and/or Mayor who reaches term limits during an elected term shall be nevertheless permitted to serve out that elected term; providing for a Referendum on March 12, 2002. If passed, a public hearing will be scheduled for January 8, 2002. The City Manager presented Ordinance No. 64-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA; PROVIDING FOR CHARTER REVISIONS BY AMENDING THE CHARTER OF THE CITY OF DELRAY BEACH, ARTICLE III, "LEGISLATIVE", SECTION 3.01, "COMMISSION CITY MANAGER FORM OF GOVERNMENT; TERM OF OFFICE; NUMBER; OFFICE OF THE VICE-MAYOR AND DEPUTY VICE-MAYOR; SUCCESSION TO THE OFFICE OF THE MAYOR; TERM LIMITS", BY REPEALING SECTION 3.01(c) AND ENACTING A NEW SECTION 3.01(c) AND BY AMENDING ORDINANCE NO. 62-01, SECTION 3.09, "TERM LIMITS", BY AMENDING SUBSECTION (a), TO PROVIDE THAT EFFECTIVE 2003 AND THEREAFTER A COMMISSIONER AND/OR THE MAYOR WHO REACHES TERM LIMITS DURING AN ELECTED TERM SHALL BE NEVERTHELESS PERMITTED TO SERVE OUT THAT ELECTED TERM; PROVIDING FOR A REFERENDUM ON -23- 12/11/01 MARCH 12, 2002, PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 64-01 is on file in the City Clerk's office.) The City Manager read the caption of the ordinance. Mr. Levinson moved to approve Ordinance No. 64-01 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 1. RESOLUTION NO. 73-01: A resolution calling for a special election on Charter change to be held on March 12, 2002, to provide for a referendum on the Charter change presented in Ordinance No. 64-01. The City Manager presented Resolution No. 73-01: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION ON A CHARTER CHANGE TO BE HELD ON MARCH 12, 2002, TO PROVIDE FOR A REFERENDUM ON THE CHARTER CHANGE PRESENTED IN ORDINANCE NO. 64-01; PROVIDING FOR THE TIME, MANNER AND MEANS OF HOLDING SAID ELECTION, PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Resolution No. 73-01 is on file in the City Clerk's office.) Mr. Perlman moved to approve Resolution No. 73-01 on FIRST Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 12.E. ORDINANCE NO. 65-01: An ordinance amending Chapter 34 of the Code of Ordinance, "Elections" heading "General Provisions" by amending Section 34.02, "City Commission to Provide for Elections: Appointment of Inspectors and Clerks"; amending heading "Qualifications for Candidacy", by amending Section 34.15, "Qualifying as Candidate"; Section 34.16, "Filing of Nominating Petition", and Section 34.17, "Procedure After Filing", to provide for qualifying for Mayor in the event a Special election is held to fill a vacancy in the Office of Mayor, to reorganize and correct grammatical errors. If passed, a public hearing will be scheduled for January 8, 2002. The City Manager presented Ordinance No. 65-01: -24- 12/11/01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 34, "ELECTIONS", HEADING, "GENERAL PROVISIONS" BY AMENDING SECTION 34.02, "CITY COMMISSION TO PROVIDE FOR ELECTIONS: APPOINTMENT OF INSPECTORS AND CLERKS"; AMENDING HEADING "QUALIFICATIONS FOR CANDIDACY", BY AMENDING SECTION 34.15, "QUALIFYING AS CANDIDATE"; SECTION 34.16, "FILING OF NOMINATING PETITION", AND SECTION 34.17, "PROCEDURE AFTER FILING", TO PROVIDE FOR QUALIFYING FOR MAYOR IN THE EVENT A SPECIAL ELECTION IS HELD TO FILL A VACANCY IN THE OFFICE OF MAYOR, TO REORGANIZE AND CORRECT GRAMMATICAL ERRORS; PROVIDING A SAVING CLAUSE, GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The official copy of Ordinance No. 65-01 is on file in the City Clerk's office.) Mr. John Bennett read the caption of the ordinance into the record. Mr. Levinson moved to approve Ordinance No. 65-01 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager. The City Manager commented that the City Clerk has sent the Commission a memo about the cost of the election. The City Manager stated he asked the Supervisor of Elections at Rotary why she chose this system and she stated because all of it cost more up front than over the life of the machine. It would cost less since she did not have to print ballots. The City Manager stated the election costs for the City are increasing 50-60% and suggested that the City may want to look into getting its own machines and run its own elections in an effort to save money. 13.B. City Attorney. The City Attorney thanked John Bennett and Commissioner Levinson for their time and help with the Charter Revision ordinances. 13.C. 13.C.1. City Commission. Commissioner McCarthy -25- 12/11/01 Ms. McCarthy stated there was wonderful feedback from City employees today at the Employee Holiday Appreciation Reception. Ms. McCarthy stated it was nice to see many of the employees in attendance. Also, Ms. McCarthy stated she is glad to see that the reception was initiated by Commissioner Perlman and hopes that it will be ongoing. Secondly, Ms. McCarthy stated the Commission needs to communicate about the American Cancer Society fundraiser (Relay for Life) and if the City is going to ask the CRA to participate with the Commission as a joint effort or develop a team amongst themselves. Ms. McCarthy stated the deadline is coming into place and will be held at Atlantic High School in April. 13.C.2. Commissioner Levinson Mr. Levinson stated the Commission received a notice regarding the Governor's Mentoring and Initiative Partnership Program which he supports wholeheartedly. Mr. Levinson stated there was a program similar to this about 20 years ago where people were allowed to take off and help mentor students. Mr. Levinson stated he feels this is a great program and fully supports this for the City. Secondly, Mr. Levinson wished everyone a "Happy Holiday". Mr. Levinson congratulated all the people who have been working so hard in the last couple of weeks with regard to many of the special events held in the month of December. He commented that there have been numerous events that have been huge successes for Delray (i.e. Parade, Jazz on the Avenue, Kids Day at the Tree, etc.). Mr. Levinson stated he continues to hear people from all over South Florida who say to him "we drove up to Delray for this event or that event". Mr. Levinson stated coincidentally the City of Boynton Beach had their holiday parade on the same evening as Delray Beach had its holiday parade. Mr. Levinson stated that the Boynton parade had approximately 3,000 people in attendance for their parade. Mr. Levinson stated his guess is that Delray Beach had approximately 20,000-25,000 people in attendance for the Delray parade. Mr. Levinson reiterated and thanked all the volunteers and City staff for a spectacular month. 13.C.3. Commissioner Archer Mrs. Archer thanked Commissioner Perlman for his wonderful idea and feels the City should consider doing the Employee Holiday Appreciation Reception every year. Mrs. Archer stated Mrs. Levinson should be nominated as the permanent "cookie person". Secondly, Mrs. Archer commented on the coloring and essay writing contest and feels this was wonderful. Mrs. Archer encouraged the City to do more of these types of contests and stated seeing the kids participate in something that is educational is wonderful. Also, Mrs. Archer thanked the City Attorney, Commissioner Levinson and John Bennett for all their work regarding the Charter Review issues. -26- 12/11/01 Lastly, Mrs. Archer wished everyone a "Happy Holiday" and stated she will see everyone next year. 13.C.4. Commissioner Perlman Mr. Perlman thanked the City Manager and the Assistant City Manager for helping to facilitate getting the word out about the Employee Appreciation Reception. Mr. Perlman stated it was the least the Commission could do for the staff which makes the Commission look good and keeps the City running. Secondly, Mr. Perlman stated this is also a time of the year where one can reflect on what you have done and where you would like to go. Mr. Perlman stated the three things that he is most proud of this year in Delray were winning the All America City for a second time and becoming the first city in Florida to do that twice, the Sudan/Delray Shores Plan, and the Downtown Plan was a very gratifying experience. Looking into the future, Mr. Perlman stated he has had conversations with Ms. Butler on what staff can do to take the homeowner association to the next level, about the City picking up the ball on race relations and economic development for 2002. He is looking forward to these things in 2002 and thanked everyone for being here and doing hard work year round. Lastly, Mr. Perlman stated he is looking forward to the New Year and wished everyone a "Happy Holiday". 13.C.5. Mayor Schmidt With regard to the mentoring issue, Mayor Schmidt stated he understands that the Education Board has been looking at it and they have some members who are very interested in it. Mayor $chmidt stated he believes the Education Board will be coming to the Commission at some point with a proposal on the mentoring issue. Mayor Schmidt thanked Commissioner Levinson for pinch hitting for him at the School Board Meeting yesterday. Mayor Schmidt stated while the Commission was attending the Employee Holiday Appreciation Reception he spent the afternoon in front of the Legislative Delegation talking about the Boca Raton Airport Authority. Mayor Schmidt stated he was pleasantly surprised that the Legislative Delegation voted 8-2 to approve the local bill to be filed. Mayor Schmidt publicly commended Kathy Daley, City Lobbyist, because although he did not have a problem lining up a representative to sponsor it, he did run into a brick wall with a Senator. Ms. Daley was able to get Senator Dawson to sponsor the bill. Lastly, Mayor Schmidt announced that he is going to file again and run for re- election in March 2002. -27- 12/11/01 8:25 p.m. There being no further business, Mayor Schmidt declared the meeting adjourned at 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 December 11, 2001, which minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the minutes you have received are not completed as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval which may involve some amendments, additions or deletions. ADDITIONAL NOTE: The minutes have been modified on May 21, 2002 to reflect a clarification to the motion made on Item 9C. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION. -28- 12/11/01 There being no further business, Mayor Schmidt declared the meeting adjourned at -- 8:25 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 December 11, minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the minutes you have received are not completed as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval which may involve some amendments, additions or deletions. ADDITIONAL NOTE: The minutes have been modified on May 21, 2002 to reflect a clarification to the motion made on Item 9C. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION. -28- 12/11/01