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06-18-02JUNE 18, 2002 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, June 18, 2002. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Jon Levinson Commissioner Alberta McCarthy Commissioner Jeff Perlman Mayor David W. Schmidt Absent - City Manager David T. Harden Also present were - Finance Director Joseph Safford (Acting City Manager) City Attorney Susan A. Ruby o VaDor. The opening prayer was delivered by Rabbi Sam Silver, Congregation L'Dor o The Pledge of Allegiance to the flag of the United States of America was given. o AGENDA APPROVAL. Mayor Schmidt stated there was an addendum to the Proclamations (6.B.), "I_ Have a Dream Foundation" and noted this will be postponed to the meeting of July 2, 2002. Mayor Schmidt noted the addition of Item 8.L., City of Delra¥ Beach/Expanding and Preserving Our Cultural Heritage, Inc. Agreement and, Item 8.M., Amendment No. 1/Delra¥ Beach Housin~ Authority Funding Agreement to the Consent Agenda by addendum. Mayor Schmidt requested that Item 8.H., Amendment to City Commission/Quasi-Judicial Rules, of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. Mrs. Archer 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. 5. APPROVAL OF MINUTES: Mrs. Archer moved to approve the Minutes of the Special Meeting of June 11, 2002, 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. o PROCLAMATIONS: 6oAo National Homeownership Week- June 23 - 29~ 2002 Mayor Schmidt read and presented a proclamation proclaiming June 23-29, 2002, as National Homeownership Week. Lula Butler, Director of Community Improvement, came forward to accept the proclamation. 6°8° "I Have A Dream Foundation" This proclamation has been postponed to the meeting of July 2, 2002. ° PRESENTATIONS: 7oAo Legislative Session Update - Representative Anne Gannon Representative Anne Gannom 302 S.E. 2nd Street~ Delray Beach~ gave a brief presentation regarding the Legislative Session and explained that the State passed a $52 billion budget of which $25,000 billion are Federal draw down funds. Within the $52 billion budget, Ms. Gannon stated there is 8% of non-recurring revenue which funds that budget. Ms. Gannon continued to state that if the revenue stream does not increase there will be budget cuts. Ms. Gannon stated although the Boca Raton Airport Bill did not pass she feels it did cause an end result because the Boca Raton Airport Authority Committee was appointed. In the Boca Raton Airport there is currently 15 acres that they are considering putting additional hangars and additional ground space for planes. Ms. Gannon stated she has written the Boca Raton Airport Authority asking them to cap the number of planes to help with the Class I and Class II airplanes because most of the noise is generated from these planes. Ms. Gannon stated there was a rocky start in terms of funding for the library and the issues surrounding the high school although at the end of session most of these issues have been worked out. With regard to Representative Andrews' Bill regarding drug houses, Ms. Gannon stated there are evident changes in what the City of Boca has done in their zoning changes and she is confident that Delray Beach is also looking at some of those changes. Ms. Gannon stated the Governor vetoed her retrofit for the emergency shelter in Delray Beach because it did not go through the agency budget. She stated they will try to work out a better process next year. -2- 06/18/02 Ms. Gannon informed the Commission that there will be a Redistricting Public Hearing held on June 24, 2002, at the South County Civic Center regarding the redistricting plans. Ms. Gannon stated her office has organized this hearing for people from Broward and Palm Beach County so that people can look at where their new districts will be located. Ms. Gannon stated because of the redistricting her district includes more of Delray Beach in addition to the Boca Raton Airport Authority. Ms. McCarthy asked when the decision is made about where the redistricting lines will be, how the citizens of Delray Beach will be notified. In response, Ms. Gannon stated there is no process in place through the legislature to notify the citizens except by receiving new Voter's Registration cards from the Supervisor of Elections indicating the new district number and new precinct number. Ms. Gannon stated her office should have all of this information available no later than the middle of August. However, if not, Ms. Gannon suggested that the Commission call her office or the Supervisor of Elections. Mr. Perlman stated after the redistricting is done how many representatives will cover the City of Delray? Did Representative $1osberg get any of Delray? In response, Ms. Gannon stated that Representative $1osberg stated he has a very small piece in Delray Beach west of 1-95 south of the Linton Boulevard area. Also, Mr. Perlman state some work is being done in the southwest section and commented on the need to go and accumulate properties now before it gets gentrified. He asked Ms. Gannon if she knows of any programs the City can pursue in terms of dollars that can be used to tie a plan. Ms. Gannon stated she can check with the Department of Community Affairs but asked Mr. Perlman to get in touch with Department of Housing and Urban Development (HUD) and ask them what kinds of programs are available through the State of Florida. Mr. Perlman stated the City has a grant writer Langton & Associates and asked if they were helpful to Ms. Gannon in local projects. Ms. Gannon commented that Langton & Associates could have been more upfront and more involved in the process. At this point, the Commission thanked Ms. Gannon for all her efforts. 7ogo Feed the Family - SW/NW Presidents Association Marilyn Alford~ 31 N.W. 14th Avenue~ on behalf of the Committee for the Feed the Children Project, proudly presented a plaque to the City of Delray Beach with special thanks to Lula Butler, Director of Community Improvement. Ms. Alford stated the project was a huge success and she looks forward to partnering with the City next year as it becomes an annual event. On behalf of the City, Mayor Schmidt thanked Ms. Alford for the tremendous effort and a great project. -3- 06/18/02 7.C. Aid to Victims of Domestic Abuse (AVDA) - Commissioner McCarthy Ms. McCarthy stated last month the first bicycle rally was held locally which was organized by Jim Smith who is a Delray Beach resident. Ms. McCarthy announced Allie Adams the raffle winner and introduced Albert Richwagen, owner of Delray Bike and Sports/Richwagen's who donated a bike so that funds could be raised. Ms. McCarthy presented the proceeds from the raffle as a donation to AVDA. Pam O'Brien, Executive Director of AVDA, came forward and accepted the funds. go CONSENT AGENDA: City Manager Recommends Approval. 8.A. CONSENT TO ASSIGNMENT/SCIENCE APPLICATIONS INTERNATIONAL CORPORATION: Approve Consent to Assignment with Science Applications International Corporation which will acquire Fusive. Com, Corporation for consulting services for the City of Delray Beach Website. 8.B. AMENDMENT NO. 1/SOLID WASTE AUTHORITY AGREEMENT: Approve Amendment No. 1 to the interlocal agreement between the City of Delray Beach and Palm Beach County for funding of hazardous materials emergency response services. 8.C. RESOLUTION NO. 52-02: Approve Resolution No. 52-02 supporting an amendment to the State Constitution repealing the provision that requires the development and operation of a statewide High Speed Rail System. The caption of Resolution No. 52-02 reads as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING AN AMENDMENT TO THE STATE CONSTITUTION TO REPEAL THE PROVISION THAT REQUIRES THE DEVELOPMENT AND OPERATION OF A STATEWIDE HIGH SPEED RAIL SYSTEM. (The official copy of Resolution No. 52-02 is on file in the City Clerk's office.) 8.D. WATER SERVICE AGREEMENT: Approve the water service agreement for the marketplace of Delray Plaza, located at the northwest corner of West Atlantic Avenue and Military Trail. 8oto SERVICE AUTHORIZATION NO. 10/MATHEWS CONSULTING, INC.: Approve Service Authorization No. 10 to Mathews Consulting, Inc. for the design of LWDD L- 33 Canal Culvert from Coral Trace Boulevard to the LWDD E-4 Canal in the amount of $80,300.00. Funding is available from 334-6120-519-31.90 (General Construction Fund/Other Professional Services). 8oFo SERVICE AUTHORIZATION NO. 2/SPATIAL FOCUS, INC.: Approve -4- 06/18/02 Service Authorization No. 2 to Spatial Focus, Inc. for the creation of an address repository in the amount of $16,850.00. Funding is available from 001-2911-519-31.90 (General Fund/Other Professional Services) and 448-5411-538-31.90 (Stormwater Utility Fund/Other Professional Services). 8.G. SPECIAL EVENT REQUEST/AVDA 5K WALK: Approve a special event request to allow the 4th Annual Aid to Victims of Domestic Abuse (AVDA) 5K Walk-a-thon to be held on Saturday, October 26, 2002 from 7:30 a.m. until completed, including temporary use permit, waiver of parking fees, and staff support for traffic control with the sponsor paying all overtime costs, contingent on the sponsor providing liability insurance and a hold harmless agreement. 8oHo THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.1. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period June 3, 2002 through June 14, 2002. 8.J. RFP/BARWICK PROPERTIES: Approve Master Development Plan request for the proposal for Barwick Properties. 8oKo AWARD OF BIDS AND CONTRACTS: ° Contract award to Chaz Equipment, Inc. in the amount of $229,933.30 for the construction of the Swinton Gardens Infrastructure Improvements. Funding is available from 118-1965-554-60.24 for $98,115.00 (Water/Sewer Improvements) and 118-1922-554-63.90 for $131,818.30 (Other Improvements). Service award to Pressure Cleaning Services, Inc. (sole service provider) in the total amount of $26,550.00 for the cleaning (descaling) of Clarifier #2 and #3 at the Water Treatment Plant. Funding is available from 441- 5122-536-34.90 (Water Treatment & Storage/Other Contractual Services). 8.L. CITY OF DELRAY BEACH/EXPANDING AND PRESERVING OUR CULTURAL HERTIAGE, INC. AGREEMENT: Approve an agreement in the amount of $20,500.00 for funding and acceptance of funds between the City of Delray Beach and Expanding and Preserving Our Cultural Heritage, Inc. (EPOCH) for a period January 1, 2002 through September 30, 2002. 8.M. AMENDMENT NO. 1/DELRAY BEACH HOUSING AUTHORITY FUNDING AGREEMENT: Approve Amendment No. 1 to the funding agreement between the City of Delray Beach Housing Authority for an additional amount of $22,500.00 for program expenses. -5- 06/18/02 Prior to the vote, Mr. Levinson asked the Acting City Manager if the Barwick Road properties could be sent to Dodge Reports to insure they pick it up. In response, the Acting City Manager stated this could be done. Mr. Levinson moved to approve the Consent Agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. o REGULAR AGENDA: 9.A.A. AMENDMENT TO CITY COMMISSION/QUASI-JUDICIAL RULES: Approve revisions to the City Commission and Quasi-Judicial Rules. Mayor Schmidt stated he pulled this item from the Consent Agenda because he felt in all fairness to the people who are scheduled to have quasi-judicial hearings tonight that a new set of rules should not be set at the beginning of the meeting that they would have to comply with tonight. Therefore, Mayor Schmidt suggested that the Commission adopt the quasi-judicial rules to be effective July 1, 2002, for all Boards if applicable. Mr. Levinson moved to approve the quasi-judicial rules effective July 1, 2002, as well as the City Commission rules as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.A. SPECIAL EVENT REQUEST & RESOLUTION NO. 44-02/ROOTS CULTURAL FESTIVAL: Consider a request for special event approval to allow the 25th Annual Roots Cultural Festival to be held between May 16, 2002 and August 11, 2002, and approve Resolution No. 44-02 in support of the event. Elizabeth Wesley, Co-Founder of the Roots Cultural Festival, thanked the City of Delray Beach for the support it has given the Roots Cultural Festival for these years. Freddie Price, Vice-Chair of the Roots Cultural Festival, stated because of the tremendous growth of the festival the Roots Committee has decided to move the three day festival from the park to Old School Square. Mr. Perlman inquired about the Taste of Africa and Ms. Wesley stated this year the Taste of Africa will be a part of the Roots activities. Mr. Perlman moved to approve the special event request to allow the 25th Annual Roots Cultural Festival and Resolution No. 44-02 pursuant to staff's recommendation, 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. -6- 06/18/02 9.B. VIA MAGAZINE: Consider approval of a request to purchase an ad in the amount of $525.00 from VIA Magazine promoting PENCIL (Public Education Needs Civic Involvement in Learning) and PFAD (Principal For A Day). Mr. Levinson commented that in the agenda backup it states that the proceeds of the sale of the magazine will go to the schools and asked what the expected amount will be. Mayor Schmidt stated he will look into this and report back at the next meeting. Mr. Perlman stated he believes VIA did a complimentary magazine promoting the program. Mr. Perlman moved to approve purchase of an ad in the amount of $525.00 from VIA Magazine, 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.C. METRON-FARNIER~ L.L.C.: Consider authorization to settle with Metron- Farnier, L.L.C. regarding the Touch Pad System associated with the large water meters. The City Attorney explained that this is a conditional settlement. Furthermore, the City Attorney stated the City has filed a lawsuit and also has continued discussions in an effort to solve a problem associated with the large water meters if possible. Mr. Levinson moved to approve the authorization to settle with Metron-Farnier, L.L.C. regarding the Touch Pad System associated with the large water meters, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.D. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint two (2) regular members and one (1) alternate member to the Civil Service Board for a two (2) year term ending July 1, 2004. Based upon the rotation system, the regular appointments will be made by Commissioner Archer (Seat #2) and Commissioner Levinson (Seat #3). The alternate appointment will be made by Commissioner Perlman (Seat #1). Mrs. Archer moved to appoint Leonard Friedman as a regular member to the Civil Service Board for a two (2) year term ending July 1, 2004, 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. Mr. Levinson moved to appoint Morris Weintraub as a regular member to the Civil Service Board for a two (2) year term ending July 1, 2004, 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. -7- 06/18/02 Mr. Perlman moved to reappoint Murray Gold as an alternate member to the Civil Service Board for a two (2) year term ending July 1, 2004, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.E. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) regular member to the Code Enforcement Board to fialfill an unexpired term ending January 14, 2004. Based upon the rotation system, the appointment will be made by Commissioner Perlman (Seat #1). Mr. Perlman moved to appoint Joe Federman as a regular member to the Code Enforcement Board for an unexpired term ending January 14, 2004, 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 $chmidt - Yes. Said motion passed with a 5 to 0 vote. 9oFo APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY BOARD: Appoint one (1) person to the Community Redevelopment Agency Board for a four (4) year term ending July 1, 2006. Based on the rotation system, the appointment will be made by Commissioner Archer (Seat #2). Mrs. Archer moved to reappoint Robert Costin to the Community Redevelopment Agency Board for a four (4) year term ending July 1, 2006, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor $chmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 9oGo APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint four (4) members to the Downtown Development Authority for a three (3) year term ending July 1, 2005. Based on the rotation system, the appointments will be made by Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), and Mayor Schmidt (Seat #5). Mrs. Archer moved to reappoint Rita Ellis as a member to the Downtown Development Authority for a three (3) year term ending July 1, 2005, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor $chmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Mr. Levinson moved to appoint Richard Sheremeta as a member to the Downtown Development Authority for a three (3) year term ending July 1, 2005, 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. -8- 06/18/02 Ms. McCarthy moved to reappoint Louis Carbone as a member to the Downtown Development Authority for a three (3) year term ending July 1, 2005, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor $chmidt - 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 reappoint Richard McCloin as a member to the Downtown Development Authority for a three (3) year term ending July 1, 2005, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor $chmidt - Yes. Said motion passed with a 5 to 0 vote. 9.H. APPOINTMENT TO THE EDUCATION BOARD: Appoint five (5) regular members to the Education Board for a two (2) year term ending July 31, 2004. Based on the rotation system, 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). Mr. Perlman moved to appoint Catherine Lewis as a regular member to the Education Board for a two (2) year term ending July 31, 2004, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor $chmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. Mrs. Archer moved to reappoint Cheryl Lee-Bennett as a regular member to the Education Board for a two (2) year term ending July 31, 2004, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor $chmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Mr. Levinson moved to reappoint Saralyn Buzen as a regular member to the Education Board for a two (2) year term ending July 1, 2004, 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. Ms. McCarthy moved to appoint Leonard Mitchell as a regular member to the Education Board for a two (2) year term ending July 1, 2004, 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. Mayor $chmidt moved to reappoint James Kemp as a regular member to the Education Board for a two (2) year term ending July 1, 2004, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor $chmidt - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 6:35 p.m. the Commission moved to Item 12, First Readings. -9- 06/18/02 12. FIRST READINGS: 12.A. ORDINANCE NO. 22-02: An ordinance amending Title VII, Chapter 71 of the City Code of Ordinances "Parking Regulations". If passed, a public hearing will be scheduled for July 2, 2002. The caption of Ordinance No. 22-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71, "PARKING REGULATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 71.041 "TIME LIMIT FOR VEHICLES", TO PROHIBIT PARKING ON STATE ROAD A1A, SOUTH OF MIRAMAR STREET AND NORTH OF ATLANTIC AVENUE, BETWEEN THE HOURS OF l lPM AND 5 AM; BY AMENDING SECTION 71.055, "DEFINITIONS", TO ADD THE DEFINITION OF THE "MULTI SPACE PARKING METER", "MULTI SPACE PARKING METER ZONES", AND TO CLARIFY THE DEFINITION OF "PARKING METER"; BY AMENDING SECTION 71.059 "PARKING TIME LIMITS", TO PROVIDE THAT THE SIGNS IN ANY GIVEN AREA SHALL ESTABLISH PARKING TIME LIMITS; BY AMENDING SECTION 71.060, "PARKING METER PERMITS", FOR THE PURPOSE OF INCLUDING ATLANTIC DUNES AND TO UPDATE THE CURRENT COST OF THE PARKING PERMITS; BY REPEALING CHAPTER 73, "PARKING SCHEDULES", SCHEDULE I, "TWO HOUR/FOUR HOUR PARKING ZONES" IN ITS ENTIRETY IN ORDER TO PROVIDE FOR A CONSOLIDATED PARKING ORDINANCE; BY ENACTING A NEW SECTION 71.063 "LIMITED TIME PARKING ZONES" TO ESTABLISH THAT IT IS A VIOLATION TO PARK OR STAND A VEHICLE IN EXCESS OF THE POSTED TIME LIMITS; BY REPEALING CHAPTER 73, "PARKING SCHEDULES", SCHEDULE II, "PARKING METER ZONES" IN ITS ENTIRETY IN ORDER TO PROVIDE FOR A CONSOLIDATED PARKING ORDINANCE; BY ENACTING A NEW SECTION 71.064 "PARKING METER ZONES" TO ESTABLISH THAT IT IS A VIOLATION TO PARK OR STAND A VEHICLE AFTER THE TIME HAS EXPIRED ON THE PARKING METER; BY AMENDING SECTION 71.091 "LIABILITY FOR PAYMENT OF PARKING TICKET VIOLATIONS" TO LIMIT AN AUTOMOBILE OWNER'S LIABILITY IN THE CASE OF A STOLEN VEHICLE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. -10- 06/18/02 (The official copy of Ordinance No. 22-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated these amendments originated from a need to go into the Code of Ordinances specifically for different parking zones. Mr. Dorling stated the amendments will provide greater flexibility in addressing future changes in parking patterns in addition to creating a more simplified user friendly code. At its meeting of May 28, 2002, the Parking Management Advisory Board unanimously recommended approval of the proposed amendments. Ms. McCarthy stated she has been besieged with emails, telephone calls, and faxes from the Beach Property Owners' Association and asked if they are aware of this proposed ordinance. In response, Mr. Dorling stated he would assume that the BPOA is aware of this because they are diligent with their review of agenda items but he has not heard positive or negative comments. Mrs. Archer moved to approve Ordinance No. 22-02 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. 23-02: An ordinance amending Chapter 35 of the City Code of Ordinances by enacting Section 35.056 "Designation of Personnel as Critical to Security". If passed, a public hearing will be scheduled for July 2, 2002. The caption of Ordinance No. 23-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", BY ENACTING SECTION 35.056, "DESIGNATION OF PERSONNEL AS CRITICAL TO SECURITY", TO PROVIDE FOR FINGERPRINTING AND BACKGROUND CHECKS FOR CERTAIN EMPLOYMENT APPLICANTS AND EMPLOYEES FOR THOSE DEPARTMENTS WHICH ARE DESIGNATED AS CRITICAL TO SECURITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 23-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. -11- 06/18/02 Mrs. Archer moved to approve Ordinance No. 23-02 on FIRST Reading, 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. At this point, the Commission moved to Item 11, City Manager's response to prior public comments and inquires and comments from the public on non-agenda items. ll.A. City Manager's response to prior public comments and inquiries. Joseph Safford, Acting City Manager, had no response to prior public comments and inquiries. 11.B. From the Public. ll.B.1. Kevin Warner~ 248 Venetian Drive~ stated there has been a lot of talk in the last few days about the "village by-the-sea" language in the Comprehensive Plan. Mr. Warner stated if the Commission believes the City is moving forward regarding growth and similar policy planning directions to adhere to the "village by-the-sea" concept that everyone has embraced up until the present, there is no reason to remove that language from the Comprehensive Plan. Secondly, Mr. Warner stated the Comprehensive Plan states "a special CBD Plan shall be developed jointly by the CRA and the City" which has been done. Mr. Warner stated he would like to leave it up to staff to address the issue that the geographic area of the Downtown Master Plan is not the Central Business District (CBD). Mr. Warner stated the plan is complete, and if the changes produce no different results then what is in the Master Plan, why are we suggesting that those changes need to be made. Lastly, Mr. Warner read the following from the Comprehensive Plan "such a plan shall be formally processed as an amendment to the Comprehensive Plan" and stated he does not feel this has been done yet. ll.B.2. Fred W. Love~ 315 N.W. 18th Street~ stated it was his understanding that the Comprehensive Plan was to be discussed this evening but it has been withdrawn. Mr. Love expressed concern over the proposal to withdraw the term "village by-the-sea" from the Comprehensive Plan and read a statement into the record. Mr. Perlman stated that there is no attempt to strip the term "village by-the-sea" from the Comprehensive Plan. As Co-Chair of the Downtown Master Plan, Mr. Perlman stated that the reason the Plan was done is to protect, enhance, and preserve the ambiance of Delray Beach. ll.B.3. Jean Beer~ 2145 S.W. 26th Terrace~ stated she understands there are many references to the village like characteristics of the "village by-the-sea" in both the Downtown Master Plan and the Comprehensive Plan. However, Mrs. Beer stated she has particular reasons for wanting to see the wording so that she understands the way it is going to be changed. Mrs. Beer read into the record Policy C-4.2 that states "A special CBD plan shall be developed jointly by the CRA and the City. It shall address the maximum development which can be -12- 06/18/02 accommodated in a competitive market while still retaining the "village like, community by-the- sea character of the CBD." Mrs. Beer stated she would like to see the Policy C-4.2 changed to read "development in the CBD must be consistent with the Master Plan while retaining the village like, community by-the-sea characteristics of the CBD." Mayor Schmidt stated since Mrs. Beer was unable to open his email what he essentially said was that what has been put out to the public is part of the Comprehensive Plan and that they were not given the full reading of it. Mayor Schmidt suggested that Mrs. Beer look at Objective C-4.2 which states "the CBD will be developed maintaining the village like, community by-the-sea character of the CBD." Mayor Schmidt stated what is being proposed in the change is one of the policies to implement that objective. ll.B.4. Deborah Bennett~ 137 Seabreeze Avenue~ commented about a newspaper article in last Sunday's paper and stated she did not say the decision to move Atlantic High School would enrich some decision makers. However, Mrs. Bennett stated she did express that Delray's justifications are not supported by School District policy. Mrs. Bennett stated that centralization does not guarantee that the children in Delray will go to that school. Mrs. Bennett stated at a recent School Board meeting that Mr. Art Johnson, Palm Beach County School District, stated "we are dramatically moving away from the feeder school system". Mrs. Bennett expressed concern over the much needed middle school and asked, if it is so critical to "bring our babies home" why is there an option of selling the property in the Interlocal Agreement instead of having a middle school? ll.B.5. Gerry Franciosa~ 939 Eve Street~ read a statement into the record expressing his concerns regarding alleged antagonism. At this point, the Commission took a short break. At this point, the time being 7:00 p.m., the Commission reconvened and moved to the duly advertised Public Hearings portion of the meeting. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 18-02 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending the Land Development Regulations Section 4.4.12 Planned Commercial (PC) District to add Private Schools as a Conditional Use and Section 4.3.3 "Special Requirements for Specific Uses" to provide certain regulations for private schools. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 18-02: 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 4.3.3, -13- 06/18/02 "SPECIAL REQUIREMENTS FOR SPECIFIC USES", BY ADD1NG A NEW SUBSECTION 4.3.3(HHH), "PRIVATE SCHOOLS AND OTHER SIMILAR EDUCATIONAL FACILITIES", AND BY AMENDING SECTION 4.4.12, "PLANNED COMMERCIAL (PC) DISTRICT", SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES PERMITTED", TO ALLOW PRIVATE SCHOOLS AND OTHER SIMILAR EDUCATIONAL FACILITIES WITHIN THE PC ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 18-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. Michael Weiner, Attorney representing the applicant, stated he appreciates the additional language that has been added so as to allow them to move forward with this particular project. There being no one else who wished to address the Commission regarding Ordinance No. 18-02, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 18-02 on Second and FINAL Reading, 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. 10.B. ORDINANCE NO. 19-02 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending the Land Development Regulations to allow Public Educational Facilities of the School District of Palm Beach County in all residential zoning districts as a Principal (permitted) use. If passed, a second public hearing will be scheduled for July 2, 2002. Prior to consideration of this ordinance on FIRST Reading/FIRST Public Hearing to be held at this time. The City Manager presented Ordinance No. 19-02: 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 4.4.1 AGRICULTURAL ZONE DISTRICT (A)", 4.4.2 "RURAL -14- 06/18/02 RESIDENTIAL (RR) ZONE DISTRICT", SECTION 4.4.3, "S1NGLE FAMILY RESIDENTIAL (R-l) DISTRICTS", SECTION 4.4.4 "MOBILE HOME (MH) DISTRICT", SECTION 4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT", SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", AND SECTION 4.4.7, "PLANNED RESIDENTIAL DEVELOPMENT (PRD) DISTRICT", TO ALLOW PUBLIC EDUCATIONAL FACILITIES OF THE SCHOOL DISTRICT OF PALM BEACH COUNTY, IN ALL RESIDENTIAL ZONING DISTRICTS AS A PRINCIPAL USE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 19-02 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. The City Attorney stated this ordinance is before the Commission for another first reading after certain changes were made. Mayor Schmidt declared the public hearing open. Paul Dorling, Director of Planning and Zoning, stated at its meeting of June 4, 2002, the City Commission considered an amendment to the Land Development Regulations to allow "Public Educational Facilities of Palm Beach County School Board, excluding Charter Schools" as a permitted use in all residential zoning districts. Mr. Dorling stated the direction of the Commission was to take the language "excluding charter schools" out and to add Rural Residential (RR). Staff reviewed the ordinance and the definition of residential uses also includes Mobile Home (MH) and Agricultural (A). Mr. Dorling in doing the analysis, staff felt the need to do some more comprehensive changes to this ordinance which included adding supplementary regulations for public education facilities, changing the definition of residential uses in the LDR's which do not include Rural Residential (RR), Mobile Home (MH) or Agricultural (A) in addition to changes to the Community Facilities (CF) designation which currently allows schools as a conditional use. Mr. Dorling stated given these changes it seems more appropriate that they are also a permitted use in the Community Facilities (CF). Mr. Dorling explained there were other modifications also proposed which were forwarded to the Planning and Zoning Board at its meeting of June 17, 2002, and there was a recommendation on a 3-2 vote. Mr. Dorling stated the schedule to adhere to would bring back this ordinance for first reading on July 2, 2002. Therefore, at this time staff recommends denial -15- 06/18/02 of this ordinance and when the modified ordinance comes before the Commission on July 2, 2002, Mr. Dorling suggested that the Commission act in a positive manner. Mayor Schmidt reiterated that the ordinance before the Commission this evening is not the ordinance that was approved by the Planning and Zoning Board at its meeting last night. Mayor Schmidt declared the public hearing open. Cari Podesta~ Attorney speaking on behalf of the Coral Trace Homeowners' Associatiom expressed thanks to the Commission for directing staff to look into the concerns that were raised at the initial first reading of this ordinance on June 4, 2002. Ms. Podesta stated she joins in support of staff's recommendation of denial of Ordinance No. 19-02 because Planning and Zoning has recommended another set of changes on the same land development regulations for the same reason but with different language. Ms. Podesta stated that the title of the ordinance is not consistent with the land development regulations as presently written and expressed concern over the advertising dates. Henry B. Iler~ President and Principal of Iler Planning Group~ 11211 Prosperity Farms Road~ Suite 205-B~ Palm Beach Gardens~ representing the Coral Trace Homeowners' Association~ commented that the Comprehensive Plan does state that the City is not required to adopt public education facilities as a permitted use especially in the Rural Residential (RR) land use category and reiterated that the Commission is not required to adopt these changes because of the Comprehensive Plan. Mr. Iler stated the Comprehensive Plan only says that these uses are consistent with these land use categories. It also specifies that the City will allow schools as permitted in the urban residential land use categories and Rural Residential could not be considered urban in nature. Gerry Franciosa~ 939 Eve Street~ stated he feels staff did not give proper direction to the Planning and Zoning Board on the possibility that conditional use was an option that they could consider. Mr. Franciosa feels this should be returned to Planning and Zoning with direction to staff to consider use in some residential areas of a conditional use for public education facilities. There being no one else who wished to address the Commission, the public hearing was closed. Mr. Perlman moved to deny Ordinance No. 19-02 on FIRST Reading/First Public Hearing, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion to deny passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 20-02: An ordinance amending Future Land Use Map from MD (Medium Density Residential 5-12 du/ac) to CC (Commercial Core) and rezoning from RM (Multiple Family Residential - Medium Density) to CBD (Central Business District) for a parcel of land located on the east side of Venetian Drive, approximately 278 feet south of East Atlantic -16- 06/18/02 Avenue. Prior to consideration of this ordinance on Second and Final Reading, a public hearing has been scheduled to be held at this time. (Quasi-Judicial Hearing) The City Manager presented Ordinance No. 20-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE PLAN FROM MD (MEDIUM DENSITY RESIDENTIAL 5-12 DU/AC) TO CC (COMMERCIAL CORE); ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND PLACING LAND PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY) DISTRICT TO CBD (CENTRAL BUSINESS) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE EAST SIDE OF VENETIAN DRIVE, APPROXIMATELY 280 FEET SOUTH OF ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, FEBRUARY, 2002"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 20-02 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. The City Attorney stated this item will 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 asked the Commission to disclose any ex parte contacts. Mayor Schmidt stated he has given copies of his emails and telephone messages to the City Clerk. In addition, Mayor Schmidt stated he had a brief conversation with Michael Weiner and Peter Sachs. Ms. McCarthy stated she had a phone call from Michael Weiner and received numerous emails. Ms. McCarthy entered printouts of the emails into the record and stated she will forward the remaining to the City Clerk. Mr. Levinson stated he had a conversation with Michael Weiner and stated after he will deliver his emails to the City Clerk. Mr. Perlman also spoke to Michael Weiner and will forward emails to the City Clerk. Mrs. Archer stated she had a conversation with Michael Weiner, Mark Guzzetta, and numerous emails. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning -17- 06/18/02 Department's project file #2002-214 into the record. Barbara Garito, City Clerk, swore in those individuals who wished to give testimony on this item. The property consists of the north 25 feet of Lot 1, Block "C" and contains a parking area that appears to have been installed when the Atlantic Center Shopping Center was constructed in 1957. The proposed Future Land Map Amendment and Rezoning represents a corrective measure to properly designate the subject property according to the existing use. At its meeting of May 20, 2002, the Planning and Zoning Board held a public hearing in conjunction with the request. After reviewing the staff report and discussing the proposal at length, the Planning and Zoning Board voted 6-0 to recommend approval based upon consistency with the Downtown Master Plan, Future Land Use Policy Element A-1.7 and positive findings with respect to LDR Section 3.1.1. (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. Michael Weiner~ representing the applicant (1000 Atlantic Avenue Partners~ L.P.)~ submitted his r~sum~ into the record and noted for the record that he is speaking as a land use attorney and an expert in that regard. Mr. Weiner stated in the Planning and Zoning Staff Report the following standards are all met: that it is an allowed use, that there is concurrency, consistency, compliance, and a demonstrated need. The following people from the public came forward to address the Commission: John Bennett~ speaking on behalf of the Beach Property Owners' Association, does not support the Planning and Zoning Staff Report and stated this is not a corrective zoning and was not zoned in error. Mr. Bennett made reference to the non- conforming use and stated it is inconsistent with the Comprehensive Plan and LDR's to take this land where there is a non-conforming use of commercial parking in a residential zoning area and allow the commercial uses to get larger. Elizabeth Corey~ resides on Waterway Lane in Delray Beach~ stated by changing the density to a commercial use she feels this will further impact residents and change the entire feeling of the "village by-the-sea". There being no one else who wished to address the Commission, the public hearing was closed. Mr. Levinson requested staff to disclose the six names of the members of the Planning and Zoning Board who voted in favor of the amendment and rezoning. Mr. Dorling stated Elaine Morris, Kevin Warner, Joe Pike, Kenneth Peltzie, Jess Sowards, and Mark Krall all voted in favor of the amendment and rezoning. -18- 06/18/02 Mr. Levinson moved to adopt Ordinance No. 20-02 on Second and FINAL Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 21-02: An ordinance rezoning from RM (Multiple Family Residential - Medium Density) to CBD (Central Business District) for a parcel of land located on the west side of Gleason Street, approximately 193 feet south of East Atlantic Avenue. Prior to consideration of this ordinance on Second and Final Reading, a public hearing has been scheduled to be held at this time. (Quasi-Judicial Hearing) The City Manager presented Ordinance No. 21-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY) DISTRICT TO CBD (CENTRAL BUSINESS) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE WEST SIDE OF GLEASON STREET, APPROXIMATELY 180 FEET SOUTH OF ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, FEBRUARY, 2002"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 21-02 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. The City Attorney stated this item will 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 asked the Commission to disclose any ex parte contacts. Ms. McCarthy disclosed emails to the City Clerk and no other ex parte contacts were noted. Barbara Garito, City Clerk, swore in those individuals who wished to give testimony on this item. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department's project file #2002-200 into the record. -19- 06/18/02 Mr. Dorling stated the subject property is Lot 7, Block "C" of John B. Reid's subdivision and contains 0.33 acres. The property currently contains a two-story apartment structure which was built in 1952 and contains eight units. The property currently has a Commercial Core (CC) land use designation and a Medium Density (MD) zoning designation. The request is to change the zoning to be consistent with the Future Land Use Map Amendment of Commercial and to reflect the commercial designation given this property in the recently adopted Downtown Master Plan. At its meeting of May 20, 2002, the Planning and Zoning Board held a public hearing in conjunction with the request. After reviewing the staff report and discussing the proposal, the Planning and Zoning Board voted 4-2 (Krall & Warner dissenting, Randolph absent) to recommend that the request be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. Michael Weiner~ representing the applicant (1000 Atlantic Avenue Partners~ L.P.)~ entered his r~sum~ into the record and pointed out with respect to actions for corrective zoning and stated those are a matter of law and an attorney can testify as to what is legal. Therefore, Mr. Weiner stated under those circumstances, the testimony of an attorney is appropriate and he urged the Commission to support this ordinance. Mr. Weiner had no questions for staff and staff had no questions for Mr. Weiner. There being no one else who wished to address the Commission regarding the rezoning, the public hearing was closed. Mr. Perlman moved to adopt Ordinance No. 21-02 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. At this point, Mayor Schmidt announced for members of the public who were not here before 7:00 p.m. that the Commission did take some comment on non-agenda items. Mayor Schmidt invited those individuals from the public who have not had the opportunity to speak earlier on non-agenda items to step forward and address the Commission. The Commission moved back to Item 11, Comments and Inquiries from the Public on Non-Agenda items. ll.B.6. John Bennett~ 137 Seabreeze Avenue~ commented that on Sunday in church the monthly prayer for peace started off with the words "I speak only words that uplift and inspire others..." Mr. Bennett stated this reminded him of a City of Delray Beach Proclamation regarding civility and quoted one of the clauses which states "whereas displays of anger, rudeness, ridicule, impatience, and a lack of respect and personal attacks detract from the open exchange of ideas, prevents fair discussion of the issues, and can discourage individuals from -20- 06/18/02 participation in government." In summary, Mr. Bennett read into the record a quote by Winston Churchill. ll.B.7. Rita Ellis~ 512 Andrews Avenue~ thanked the Commission for reappointing her to the Downtown Development Authority and stated she is very proud to serve on this Board. Secondly, Mrs. Ellis stated she is a member of the Beach Property Owners' Association (BPOA) and commented that the reason the Commission received numerous calls and emails was a result of a newsletter that the BPOA sent out. Mrs. Ellis feels the newsletter was misleading and left out a lot of information that the members of the organization should have had. Mrs. Ellis stated she is going to do everything she can to see that the members at least have some input before these items are sent out. 13. Comments and Inquiries on Non-Agenda Items. 13.A. City Manager. Joseph Safford, Acting City Manager, had no comments or inquiries on non- agenda items. 13.B. City Attorney. The City Attorney asked for the permission to extend the lease for the Pious Society for 45 days because their lease expires June 30, 2002 and they need a little more time to get their items removed off the Barwick properties. Mr. Levinson suggested that the City be sure to have an access capacity. 13.C. 13.C.1. City Commission. Commissioner Levinson Mr. Levinson stated he attended the NW/SW Neighborhood Plan kick-off and feels it was terrific. Mr. Levinson stated the people who were there from the neighborhoods were very excited about the prospects of helping to design a mini Charrette. Furthermore, Mr. Levinson stated the event was well attended and noted that the demographics were good. Secondly, Mr. Levinson stated he feels Joe Safford, Acting City Manager, has done a great job. Mr. Levinson extended thanks to Janie Ramirez about the Cinco de Mayo Festival and stated it was a great event. He extended a special thanks to Janie Ramirez for the "Thank You" party for the sponsors and commented it was equally as good. Mr. Levinson wished everyone who is a father a "Happy Father's Day". -21- 06/18/02 Mr. Levinson stated he attended a kick-off for the Work Force Development Program at Bump Mitchell's church that is being done in conjunction with six churches and the business community. Mr. Levinson stated the program is for twelve weeks two nights a week and is both spiritual as well as functional. Mr. Levinson encouraged the City to talk to Regina Scott, Weed & Seed Program, about opportunities we may have in the City for these young individuals. Mr. Levinson stated they have mentoring opportunities, employment opportunities and internships. 13.C.2. Commissioner McCarthy Ms. McCarthy stated there were some wonderful events that were put on for "Thank You" and/or community growth in participation and commented that it is becoming exciting. Ms. McCarthy stated people are duplicating things that have been successful and commented that the leaders of the community are really taking charge. Secondly, Ms. McCarthy stated she has seen and read repeatedly how the Commission is held to higher standards, etc. and commented that the Commission realizes and understands this. In addition, Ms. McCarthy stated she believes that citizens, representatives, and leaders for organizations are held to higher standards as well. Ms. McCarthy stated she is hopeful that these leaders would take the time to make sure that more than one perspective of an issue is presented so that when they are informing others of details, they can make their decisions, and that they are making fair decisions for themselves. Furthermore, Ms. McCarthy stated leadership does not mean dictating what people should say, do, think or feel. Ms. McCarthy invited the leaders of organizations and associations within the City to step up to the podium and give fair input. Ms. McCarthy stated when she takes the time to respond to someone and asks them to please explain what their concern is that person does not know how to respond because they are just following verbiage that was given to them and she feels this does not lead for good decision making. 13.C.3. Mayor Schmidt Mayor Schmidt stated he concurs with comments expressed by Ms. McCarthy and publicly announced that he was angry yesterday because he felt that he was spending a lot of time responding to emails where people did not have as much information that could have been given to them by the organizations that sent it out. Mayor Schmidt continued to state that there are things being sent to the public by organizations where they are asked to contact the Commission via telephone calls and emails. Mayor Schmidt stated he does not know what they are talking about because the organization does not have the courtesy to send him a copy of what they are sending to their members. Therefore, Mayor Schmidt stated he requests that the organizations have the courtesy to send him what is being sent to their members so that when he is asked to respond he has it in front of him. Secondly, Mayor Schmidt stated there was a meeting today with some of the administrators of the Post Office and has been informed that due to the financial position of the Post Office, they are not in a position to try and relocate the Post Office downtown. Mayor Schmidt explained that they are proposing that there be a contract for the retail portion of the -22- 06/18/02 Post Office business to remain in town. It would be supervised by the Post Office, but a private entity would operate it. Mr. Levinson asked Mayor Schmidt if he means a branch similar to one on Linton Boulevard where they contract with a store. In response, Mayor Schmidt stated we would probably want a stand alone operation that would just be the Post Office as opposed to being in a Hallmark store. Mr. Levinson asked if they have ever used a Mailboxes, etc. In response, Mayor Schmidt stated there used to be a Post Office facility in Atlantic Plaza but it was not successful. Mayor Schmidt stated there is certain signage that would have to be put up and he is not sure if it would be compatible with a Mailboxes, etc. type operation. 13.C.4. Commissioner Perlman Mr. Perlman stated he concurs with comments expressed by the Commission and feels the use of the word "civility" is very interesting. Mr. Perlman stated he feels civility would be given the benefit of the doubt and a courtesy phone call, before large groups of people are incited to take action. Mr. Perlman stated he received very good feedback when these people realized that the Commission is not striking "village by-the sea" from the Comprehensive Plan. Mr. Perlman stated he believes the success of Delray is that we work cooperatively and collaboratively. Mr. Perlman stated he would like to see the relationships with these organizations rebuilt and see civility restored. Secondly, Mr. Perlman stated he attended the Cinco de Mayo Appreciation and feels it was well attended. Mr. Perlman stated he also attended the NW/SW Neighborhood Plan and commented that it was very gratifying. Mr. Perlman stated there are a lot of expectations in the neighborhood and feels there was some excellent input. Mr. Perlman feels this is a great opportunity for the Commission to deliver for this neighborhood. Mr. Perlman stated he went to the opening of Seed Tech at Carver Estates and commented he was excited to see the computers and classes being offered. Mr. Perlman stated Regina Scott with the Weed & Seed Program had an idea to expand the program to Pompey Park for people who want to become computer savvy. Mr. Perlman stated that he attend the Dad and Daughter Date Night and commented that there were close to 200 people in attendance. Mr. Perlman commended Danielle Gallo, Recreation Supervisor III, and the Parks and Recreation Department for a fabulous night. 13.C.5. Commissioner Archer Mrs. Archer stated she concurs with comments expressed by the Commission and commented that she received a comment from New York about the "village by-the-sea". Secondly, Mrs. Archer stated she too attended the NW/SW Neighborhood Plan and agrees there is a lot of hope and feels the plan should be implemented effectively. Mrs. -23- 06/18/02 Archer concurred with comments expressed by Mr. Perlman and urged the Commission to deliver for this neighborhood. Mrs. Archer stated she attended the Cinco de Mayo Festival and commented that it is wonderful to see the cultural aspects of the City blooming. Mrs. Archer concurred with comments expressed by Ms. McCarthy with regard to the "village by-the-sea". Mrs. Archer stated she had the opportunity to attend the Branding Meeting yesterday from a firm from New Zealand and commented that the presentation was very good. Mrs. Archer stated she would like to advise the Commission in advance that there is a possibility she may not be present for the July 2nd City Commission Meeting. at 8:20 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 June 18, 2002, 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 to the Minutes as set forth above. -24- 06/18/02 Archer concurred with comments expressed by Mr. Perlman and urged the Commission to deliver for this neighborhood. Mrs. Archer stated she attended the Cinco de Mayo Festival and commented that it is wonderful to see the cultural aspects of the City blooming. Mrs. Archer concurred with comments expressed by Ms. McCarthy with regard to the "village by-the-sea". Mrs. Archer stated she had the opportunity to attend the Branding Meeting yesterday from a firm from New Zealand and commented that the presentation was very good. Mrs. Archer stated she would like to advise the Commission in advance that there is a possibility she may not be present for the July 2nd City Commission Meeting. at 8:20 p.m. There being no further business, Mayor Schmidt declared the meeting adjoumed 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 June 18, 2002, whi~ ~Minutes were formally approved and adopted by the City Clerk City Commission on 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 to the Minutes as set forth above. -24- 06/18/02