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09-03-02SEPTEMBER 3~ 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, September 3, 2002. 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 - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Barbara Garito, City Clerk o South. The opening prayer was delivered by Reverend Richard Evans with Abbey Delray o The Pledge of Allegiance to the flag of the United States of America was given. o AGENDA APPROVAL. Mayor Schmidt noted that Item 8.C., Resolution No. 71-02 be pulled from the Consent Agenda. Also, Mayor Schmidt noted an amendment to Exhibit "A" for Item 8.D., Downtown Horse & Carriage~ Inc. Agreement of the Consent Agenda. Ms. McCarthy moved to approve the Agenda as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. APPROVAL OF MINUTES: Mr. Perlman moved to approve the Minutes of the Regular Meeting of August 20, 2002, 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. Ms. McCarthy moved to approve the Minutes of the Special Meeting of August 27, 2002, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. o PROCLAMATIONS: 6A. Sickle Cell Awareness Month - September 2002 Mayor Schmidt read and presented a proclamation hereby proclaiming the month of September 2002 as Sickle Cell Awareness Month. Hal Benson, consultant for the Sickle Cell Foundation of Palm Beach County, Inc., came forward to accept the proclamation. He expressed his gratitude and appreciation for the proclamation. Secondly, Mr. Benson stated late Friday evening he received an email from the Department of Health and Human Services and they are one of fifteen areas that have been chosen for a $200,000 grant to provide early detection treatment and prevention services in conjunction with the children's medical services in the Joe DiMaggio Hospital Center. 6ogo Kids Day America/International - September 28~ 2002 Mayor Schmidt read a proclamation hereby proclaiming September 28, 2002 as Kids Day America/International in the City of Delray Beach. 6oCo Breast Cancer Awareness Month - October 2002 Mayor Schmidt noted a proclamation recognizing the month of October 2002 as Breast Cancer Awareness Month and October 18, 2002 as Mammography Day. ° PRESENTATIONS: 7oAo Recognition - Palm Beach County Commissioner Addie Greene Mayor Schmidt stated he thought it appropriate as the Commission has its first public hearing regarding the budget this evening to recognize Palm Beach County Commissioner Addie Greene. Mayor Schmidt stated Commissioner Greene has done an exemplary job in working with Delray Beach. Mayor Schmidt stated of her allocation of gas tax money, Ms. Greene is giving $500,000 this year to Delray Beach which will be applied towards road projects. The City had this money budgeted so now it will free up this money so that other projects can be done that otherwise the City would not be able to do without her support. Mayor Schmidt stated this includes $200,000 for the Spady Museum and their amphitheatre, $205,000 to redo the athletic fields at Plumosa Elementary School, and $100,000 that will go towards the parking garage at the library site. On behalf of the City Commission and the City, Mayor Schmidt recognized and thanked Commissioner Greene for being a good partner in working with the City of Delray Beach. Addie Greene, Palm Beach County Commissioner, stated she enjoys working with the City of Delray Beach and stated she highly respects Mayor Schmidt. In addition, Ms. Greene thanked Mayor Schmidt for hosting The Palm Beach County Black Elected Officials 2nd -2- 9/03/02 Annual Black Tie Gala this year in Delray Beach. 8_ CONSENT AGENDA: City Manager Recommends Approval. 8.A. FINAL SUBDIVISION PLAT APPROVAL/GLEASON STREET VILLAS: Approve the subdivision plat for Gleason Street Villas, located on the west side of Gleason Street, approximately 1,200 feet south of East Atlantic Avenue. 8.B. FINAL SUBDIVISION PLAT APPROVAL/ROYAL COMMERCIAL PARK OF DELRAY PLAT NO. 2: Approve the subdivision plat for Royal Commercial Park of Delray Plat No. 2, located on the east side of Congress Avenue, approximately 290 feet north of West Atlantic Avenue. 8.C. RESOLUTION NO. 71-02: Approve the abandonment of the 16' north-south alley within the Blank-Nichols Subdivision together with the 16' north-south alley running through the center of the north 87.5 feet of the south half of Block 120, Town of Delray Plat, for the proposed Meridian mixed-use development. The caption of Resolution No. 71-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING ALL OF THE 16-FOOT ALLEY LYING WITHIN BLANK-NICHOLS SUBDIVISION (PB 13, PG 28) TOGETHER WITH A 16-FOOT ALLEY RUNNING THROUGH THE CENTER OF THE NORTH 87.5 FEET OF THE SOUTH HALF (S iA) OF BLOCK 120, TOWN OF DELRAY, BUT RESERVING AND RETAINING TO THE CITY A GENERAL UTILITY EASEMENT OVER THE ENTIRE AREA THEREOF, AS MORE PARTICULARLY DESCRIBED HEREIN. (The official copy of Resolution No. 71-02 is on file in the City Clerk's office.) This item has been withdrawn by the applicant. 8.D. DOWNTOWN HORSE & CARRIAGE, INC. AGREEMENT: Approve an agreement between the City of Delray Beach and Downtown Horse and Carriage, Inc. for horse and carriage rides along Atlantic Avenue from November 22, 2002 through January 1, 2003. 8.E. DELRAY YOUTH ENRICHMENT DEVELOPMENT CENTER, INC. AGREEMENT: Approve the sub-recipient agreement for funding in the amount of $150,000.00 with the Delray Youth Enrichment Development Center, Inc. d/b/a Delray Youth Vocational Charter School under the 2001-2002 Community Development Block Grant (CDBG) Program. 8.F. PALM BEACH COUNTY FUNDING AGREEMENT: Approve a funding agreement with the Palm Beach County Board of County Commissioners for reimbursement up -3- 9/03/02 to the amount of $100,000.00 to off-set renovation costs associated with the Delray Beach Teen Central Project. 8.G. ARCHITECT AGREEMENT/WARD NORTHUP: Approve an agreement between the City of Delray Beach and Ward Northup in the amount of $46,500.00 for the needed improvements at the municipal golf course. Funding is available from 445-4761-572-31.30 (Delray Beach Municipal Golf Course Fund/Engineering/Architect). 8.H. MONTEREY HOUSE LEASE AGREEMENTS: Approve a Second Restated Lease and Restated Sublease for the property known as the Monterey House to reflect changes in rent, repair, and replacement fees of each party to the lease agreement. 8.1. HOLD HARMLESS AGREEMENT/SUNDY ESTATES, L.C.: Approve a Hold Harmless Agreement between the City of Delray Beach and Sundy Estates, L.C. for the installation of a conduit within the City's right-of-way. 8.J. HOLD HARMLESS AGREEMENT/FIDELITY FEDERAL BANK & TRUST: Approve a Hold Harmless Agreement with Fidelity Federal Bank and Trust for the installation/construction of a brick paver sidewalk within the State and City right-of-way along S.E. 5th Avenue and $.E. 1st Street, under the Florida Department of Transportation permit. 8.K. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a fund subsidy for one (1) eligible applicant/family in the amount of $18,950.00 for 729 S.E. 2nd Avenue. This brings the number to 148 homeowners assisted under the Renaissance Program. Funding is available from 118-1924-554-83.01 (SHIP Program). 8.L. HOUSING REHABILITATION GRANT\CONTRACT AWARD: Approve Housing Rehabilitation grant\contract award through Community Development Division in the amount of $19,950.00 to Preston Construction, Inc. (302 Washington Avenue). Funding is available from 118-1963-554-49.19 (SHIP Housing Rehabilitation Grant). 8.M. RATIFICATION OF PARKING LOT NAMES: Ratify and approve the names of two (2) parking lots located in the West Atlantic Redevelopment Area on S.W. 4th Avenue south of Atlantic Avenue (Frog Alley Lot) and N.W. 5th Avenue between N.W. lst Street and N.W. 2nd Street (Sands Lot). 8.N. ADDENDUM NO. 1/ROOTS CULTURAL FESTIVAL, INC. FUNDING AGREEMENT: Approve Addendum No. 1 to the funding agreement between the City of Delray Beach and Roots Cultural Festival, Inc. for a change in the expenditures of awarded funds. 8.0. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period August 19, 2002 through August 30, 2002. -4- 9/03/02 8.P. AWARD OF BIDS AND CONTRACTS: 1_ Purchase award to Fluid Conservation Systems, Inc. in the amount of $54,695.00 for water main leak detection equipment. Funding is available from 441-5161-536-64.90 (Other Machinery/Equipment). 2_ Purchase award to Otto Industries, Inc. (sole provider) in the amount of $21,719.00 for 588 sixty-eight (68) gallon garbage carts. Funding is available from 433 -3711 -534-99.01 (Sanitation Fund/Proj ect Reserve). Mrs. Archer moved to approve the Consent Agenda as amended, 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. o REGULAR AGENDA: 9.A. CONDITIONAL USE MODIFICATION REQUEST/LAKE IDA CHURCH OF CHRIST: Consider a conditional use modification request associated with the construction of a new 600 seat sanctuary and conversion of the existing sanctuary building to a Fellowship Hall for Lake Ida Church of Christ, located at the southwest corner of Lake Ida Road and Roosevelt Avenue. (Quasi-JudicialHearing) Mayor Schmidt read into the record a summary of how a quasi-judicial hearing is conducted by the City of Delray Beach. 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. Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were disclosed. The 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 project file #2002-288 into the record. Mr. Dorling stated Lake Ida Church of Christ is located at the southwest corner of Lake Ida Road and Roosevelt Avenue on 5.2 acres. In August 1991, a conditional use request was approved by the City Commission for a 400 seat church facility, open air pavilion and a multi-purpose building. Phase I, which included a 9,182 square foot worship center with a 400 seat sanctuary and 150 parking spaces, was constructed in 1992. The conditional use modification request involves the construction of a new 600 seat sanctuary instead of the multi- purpose building, conversion of the existing sanctuary to a fellowship hall and the construction -5- 9/03/02 of an additional 53 parking spaces with attendant landscaping. At its meeting of August 19, 2002, the Planning and Zoning Board held a public hearing in conjunction with the request. After discussing the proposal, the Board voted 6 to 0 to recommend approval of the conditional use modification request subject to the conditions as listed in the Planning and Zoning Staff Report as well as a condition that the fellowship hall not be used simultaneously for dual worship services. Kenneth R. Carlsom Architect~ representing Lake Ida Church of Christ~ stated he is here to answer any questions the Commission may have and displayed a colored site plan. Mrs. Archer inquired about the dotted line between the two buildings on this site plan and asked if that is anticipated to be a covered walkway. In response, Mr. Carlson stated it is anticipated that there be a covered walkway between the two buildings. Ms. McCarthy commended the church and Reverend Spivey for exemplifying the criteria of the things that they were looking for in a church. Ms. McCarthy stated the maintenance both inside and outside the church is wonderful and commented that she is looking forward to seeing many good occasions held there. Mayor Schmidt declared the public hearing open. There being no one else from the public who wished to address the Commission regarding the conditional use, the public hearing was closed. Ms. McCarthy moved to approve the Conditional Use Modification Request, subject to the conditions that have been agreed upon by Lake Ida Church of Christ and the City of Delray Beach, 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. 9.B. CONDITIONAL USE REQUEST/GRANITE & MARBLE DESIGNS: Consider a request for conditional use approval to allow the establishment of a monument and ornamental stone cutting facility for Granite & Marble Designs, located within the 321 Delray Plaza Building (known as Seta Building) at the northeast corner of Congress Avenue and Dr. Carol Kroll Way. (Quasi-Judicial Hearing) Mayor Schmidt read into the record a summary of how a quasi-judicial hearing is conducted by the City of Delray Beach. 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. Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were disclosed. -6- 9/03/02 The 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 project file #2002-289 into the record. Mr. Dorling stated the subject property is parcel A of Lembo-Lupo Park of Commerce, and is 1.18 acres. The property is zoned Mixed Industrial and Commercial (MIC) and contains an existing 14,400 square foot industrial building with associated parking areas developed in 1984. The subject use will occupy the southern two (2) bays of the structure. At its meeting of August 19, 2002, the Planning and Zoning Board held a public hearing in conjunction with review of the request. The Board voted 6-0 to recommend that the conditional use request to establish a monument and ornamental stone cutting facility for Granite & Marble Designs be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and policies of the Comprehensive Plan, subject to the condition that there is no outdoor storage of material and that no element of the stone cutting business be conducted outside. John Furtado~ applicant~ stated he is present to answer any questions the Commission may have. In addition, Mr. Furtado stated that the condition that there be no outdoor storage of material and that no element of the stone cutting business be conducted outside is satisfactory. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding the conditional use request, the public hearing was closed. Prior to the vote, Mrs. Archer asked if there is another stone cutting facility on the other side of the railroad tracks just north of the railroad station. In response, Mr. Dorling stated that was a conditional use that came before the Commission and was ultimately pulled. Mr. Dorling stated there are approximately 4-5 stone cutting facilities in the area. Mr. Perlman moved to approve the Conditional Use Request to allow the establishment of a monument and ornamental stone cutting facility for Granite & Marble Designs, subject to the two conditions as listed in the Planning and Zoning Staff Report, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.C. SPECIAL EVENT/CHILDREN'S HOPE SOCIETY 5K WALK/RUN: Consider approval of special event request to allow the 1st 5K Walk/Run sponsored by the Children's Hope Society Foster Parent Association, to be held on April 13, 2003 from 7:30 a.m. until approximately 1:00 p.m., including a temporary use permit per LDR Section 2.4.6(H) for the closure of sidewalks along Ocean Boulevard and Anchor Park, and authorize staff support for traffic control and stage set up/removal; contingent on the sponsors paying any overtime costs, providing a hold harmless agreement, and a certificate of liability insurance. -7- 9/03/02 Robert A. Barcinski, Assistant City Manager, stated this is a request to endorse the 1st 5K Walk/Run sponsored by the Children's Hope Foster Parent Association to be held on April 13, 2003 from 7:30 a.m. to approximately 1:00 p.m. Mrs. Archer asked if there will be any other events that will be held at the same time. In response, Mr. Barcinski stated that there will not be any other event held to conflict with this particular event. The Commission is requested to grant a temporary use permit per LDR's Section 2.4.6(H) for the use of sidewalks along Ocean Boulevard and Anchor Park and to authorize staff support for traffic control. The estimated overtime cost is $125.00 which is contingent upon the sponsor paying the overtime costs and contingent upon receipt of a certificate of liability insurance and a hold harmless agreement. Mr. Levinson moved to approve the special event request to allow the 1st 5K Walk/Run sponsored by the Children's Hope Society Foster Parent Association, to be held on April 13, 2003, from 7:30 a.m. until approximately 1:00 p.m., and subject to staff's recommendations, 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. REQUEST FOR IN-LIEU PARKING SPACES/MERIDIAN: Consider a request by the Meridian for the purchase of six (6) in-lieu parking spaces in the amount of $72,000.00. The Meridian is located in the 300 Block of S.E. 6th Avenue (Federal Highway Northbound). Paul Dorling, Director of Planning and Zoning, stated the Meridian is a proposed mixed use development located on the 300 Block of S.E. 6th Avenue (Federal Highway Northbound) consisting of 22 town homes and approximately 22, 228 square feet of office space located on the ground level. Pursuant to the Land Development Regulations (LDR) Section 4.6.9(C) 8 the development requires the provision of 111 on site parking spaces. The proposed site plan provides 105 on site parking spaces. Therefore, the applicant is requesting the purchase of six (6) in-lieu parking spaces at a cost of $12,000 each totaling $72,000 to be paid in full at the time of submission of a building permit application. Additionally, the applicant is under contract for an adjacent parcel to the southeast of the subject property to provide additional parking. This parcel will require a Future Land Use Amendment in addition to rezoning. An agreement will be entered into granting the applicant reimbursement of the in-lieu fees if construction of additional parking on the newly acquired parcel occurs. At its meeting of August 27, 2002, the Parking Management Advisory Board unanimously recommended approval of the applicant's request. Mr. Perlman asked if there have been any other requests granting the applicant a reimbursement if an applicant adds parking. In response, Mr. Dorling stated normally when a site plan comes through all of the parking is accommodated. Therefore, Mr. Dorling stated this is not a situation where the additional parking spaces may be required at a later date so consequently this situation is unique. -8- 9/03/02 Mr. Perlman stated that the applicant has to come up with $72,000 in full because there is no financing in certain areas of the CBD. Mr. Perlman stated he is not proposing that we undo this. However, Mr. Perlman feels this should be looked at because he is detecting some weaknesses in the downtown. From a timing point of view, Mr. Dorling stated if the applicant is willing to wait the six months, they could come in with a site plan which accommodates most of the parking and not have to provide any in-lieu fee at all. Mrs. Archer asked if the alley is currently being used and how much of the alley will be used. In response, Mr. Dorling stated it is a small section next to the 7-Eleven on S.E. 4th Street and S.E. 6th Avenue and is a portion that sits east of the wall that is associated with the 7- Eleven. Mr. Dorling stated the fees are associated with what it would cost to acquire land and to put a parking space in place. Mr. Perlman stated looking at it from the applicant's point of view he/she is paying that much more for the land and has to come up with additional money for parking without any option to finance. Mr. Dorling stated as a property owner, one has the option of financing it over time. However, Mr. Dorling stated as a tenant, one does not have this same option because they could be in one day and out the next day and not payout the obligation. With regard to a project like this, Ms. McCarthy stated she understands about businesses long-term and thinks this should be looked into if it becomes a problem. However, Ms. McCarthy stated when developers want to develop to the max she feels the in-lieu parking fees are reasonable since the City is in great need for parking. Mr. Levinson concurred with comments expressed by Ms. McCarthy and stated before there was a Parking Management Board, the DDA really dealt with it. Mr. Levinson stated the DDA found that many of the tenants were not making good on their Notes for the obligations that they had. Mr. Levinson continued to state it then went to the property owner as opposed to the tenant to be able to lien the property. Mrs. Archer expressed concern over some comments expressed by Commissioner Perlman about the weaknesses in the downtown. Mr. Perlman stated the downtown is an extraordinarily successful place and he would like to ensure that this continues. Mr. Perlman stated that there are some high rents and commented that because this is a sluggish economy, he feels we need to be sensitive to the fact that there are some vacancies and other businesses which are struggling. Mrs. Archer moved to approve the request by the Meridian for the purchase of six (6) in-lieu parking spaces in the amount of $72,000, subject to an appropriate agreement being entered into by the parties, 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. 0oEo REQUEST FOR IN-LIEU PARKING SPACES/SANDERSON BUILDING: Consider a request by the Sanderson Building for the purchase of five (5) in-lieu parking spaces in the amount of $60,000.00. The Sanderson Building is located at 630 East Atlantic Avenue. -9- 9/03/02 Paul Dorling, Director of Planning and Zoning, stated the Sanderson Building is a commercial establishment containing a restaurant and office space located at 630 East Atlantic Avenue. The proposal includes an addition of 900 square feet to accommodate the relocation of the kitchen for an existing restaurant allowing more restaurant seating and the addition of a lobby area for the offices on the second floor. Mr. Dorling stated this improvement requires five (5) new parking spaces and since the applicant is not able to provide the required spaces on site, has requested the purchase of in-lieu parking spaces pursuant to LDR Section 4.6.9(E). The cost per space in the area is $12,000 for a total of $60,000 to be paid in full at the time of submission of a building permit application. Both the Community Redevelopment Agency (at its meeting of August 8, 2002) and the Parking Management Advisory Board (at its meeting of August 27, 2002) recommended approval of the request. Mr. Levinson moved to approve the request from the Sanderson Building for the purchase of five (5) in-lieu parking spaces in the amount of $60,000, 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. 9.F. FY 2003 GOLF RATES/LAKEVIEW GOLF COURSE: Consider approval of the proposed FY 2003 golf rates for the Lakeview Golf Course. Robert A. Barcinski, Assistant City Manager, stated the proposed golf rates for fiscal year 2003 for the Lakeview Golf Course were presented to the Commission at the Workshop Meeting of August 27, 2002. Ms. McCarthy moved to approve the proposed golf rates for the Lakeview Golf Course for fiscal year 2003, 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. 9.G. FY 2003 GOLF RATES/MUNICIPAL GOLF COURSE: Consider approval of the proposed FY 2003 golf rates for the Municipal Golf Course. Robert A. Barcinski, Assistant City Manager, stated the proposed golf rates for the Municipal Golf Course for fiscal year 2003 were presented to the Commission at the Workshop Meeting of August 27, 2002. Mrs. Archer moved to approve the proposed golf rates for the Municipal Golf Course for fiscal year 2003, 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. -10- 9/03/02 9.H. FY 2003 TENNIS RATES/TENNIS CENTER: Consider approval of the proposed FY 2003 tennis rates for the Tennis Center. Robert A. Barcinski, Assistant City Manager, stated the proposed tennis rates for fiscal year 2003 for the Tennis Center at the Workshop Meeting were presented to the Commission at the Workshop Meeting of August 27, 2002. As a result of the Workshop Meeting, Mr. Barcinski stated two adjustments were made; those adjustments included a rate schedule for Highland Beach residents and a rate reduction for juniors. Mr. Perlman moved to approve the proposed tennis rates for the Tennis Center for fiscal year 2003, 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. 9.1. APPOINTMENTS TO THE PUBLIC ARTS TASK FORCE: Ratify four (4) members and appoint five (5) members to the Public Arts Task Force. According to Resolution No. 67-02, each member of the City Commission will appoint one (1) member to the Public Arts 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 #S). Mr. Perlman moved to appoint Dorothy Beck as a member to the Public Arts 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. Mrs. Archer moved to appoint Carolyn Pendelton-Parker as a member to the Public Arts Task Force, 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. Mr. Levinson moved to appoint Richard McGloin as a member to the Public Arts 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. Ms. McCarthy moved to appoint Blain De St. Croix as a member to the Public Arts Task Force, 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. Mayor Schmidt moved to appoint Digby Bridges as a member to the Public Arts Task Force, 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. -11- 9/03/02 Mayor Schmidt moved to appoint Richard McCloin as Chairman to the Public Arts Task Force. Mrs. Archer moved to ratify the appointment of Glenn Weiss, Nancy Davila, Joan Goldberg, and Diane Hervey, 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. 0.J. PURCHASE AWARD/DELRAY BEACH POLICE DEPARTMENT: Consider approval of the purchase of six (6) Panasonic Toughbook 28 computers for the Police Department. The City Manager stated Commissioner Levinson has provided him with information about other hard laptop computers. The City Manager stated staff will look at these to ensure the City is getting the best deal. Mrs. Archer stated after having had several conversations with Joe Safford, Finance Director, involving the City's website and how we are progressing with it, she suggested that the City initiate an Advisory Board particularly for technical problems. Mrs. Archer stated there are so many changes in the computer field that she feels an Advisory Board could consist of people from around the community who are active in the business. Mr. Levinson stated he feels an appropriate way to handle this would be on an informal basis. He feels the people who would end up on the Advisory Board would be people who are knowledgeable and in the industry and who have a product or service to sell. Mrs. Archer reiterated that she is simply suggesting that there be a source out there to run technical questions by in order to have some sort of feedback as to what is going on and whether or not there might be some other avenue to pursue. For the benefit of the public, Mr. Perlman explained this item was pulled two weeks ago because the cost involved was higher than usual for laptops and therefore the Commission asked for staff to provide more information. Mr. Perlman stated the Assistant Director of Support Services stated that they had tried standard laptops but because of the adverse conditions in the field such as heat and bouncing in the vehicles displays were cracking, hard-drives were crashing and the outside cases were cracking. Mr. Perlman stated it has been suggested that the Commission purchase the hardened laptops and at the City Manager's discretion see if there is a better deal then what is being currently offered. Mr. Levinson suggested that the Commission authorize up to $33, 978.00 for the laptops and see if it can be done for less with something more acceptable, seconded 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. -12- 9/03/02 At this point, the time being 6:50 p.m. the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 38-02: An ordinance amending Chapter 51, "Garbage and Trash", of the City Code of Ordinances by amending Section 51.70, "Regular Charges Levied", to provide for increasing contracted garbage, trash, recycling, vegetation, and bulk waste collection service rates by 1.6% for FY 2003. If passed, a public hearing will be scheduled for September 17, 2002. The City Manager presented Ordinance No. 38-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASED RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 2003; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 38-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. The City Manager stated this ordinance is in accordance with the City's contract with BFI to increase rates annually by the Consumer Price Index which is 1.6% for this year. Mrs. Archer moved to approve Ordinance No. 38-02 on FIRST Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 39-02: An ordinance amending Chapter 52, "Water" of the City Code of Ordinances by amending Section 52.34, "Water Rates", to provide for increased residential, nonresidential, and irrigation rates for FY 2003. If passed, a public hearing will be scheduled for September 17, 2002. The City Manager presented Ordinance No. 39-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 52.34, -13- 9/03/02 "WATER RATES", SUBSECTION 52.34(B), TO PROVIDE FOR INCREASED RESIDENTIAL, NONRESIDENTIAL AND IRRIGATION RATES FOR FY 2003; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 39-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. The City Manager stated there is a 7% increase in both water and sewer rates and the combined total increase is $3.53 per month for a typical single family home using 12,000 gallons. The City Manager stated the City is building the Ion Exchange component of the Water Treatment Facility this year and this will go into service about January 2004. Therefore, the City Manager stated in return for this increase in rates, the City will significantly be improving the quality of its water. Mr. Perlman noted that the Ion Facility that is being required is mandated by the Environmental Protection Agency (EPA) with no funding from the County or State. Mr. Perlman moved to approve Ordinance No. 39-02 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 12.C. ORDINANCE NO. 40-02: An ordinance amending Chapter 53, "Sanitary Sewers", of the City Code of Ordinances by amending Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", to provide for increased residential and nonresidential/commercial rates for FY 2003. If passed, a public hearing will be scheduled for September 17, 2002. The City Manager presented Ordinance No. 40-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53, "SANITARY SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 53.130, "USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER SURCHARGE", SUBSECTION 53.130(D), TO PROVIDE FOR INCREASED RESIDENTIAL AND NONRESIDENTIAL/COMMERCIAL RATES FOR FY 2003; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 40-02 is on file in the City Clerk's office.) -14- 9/03/02 The City Attorney read the caption of the ordinance. The City Manager stated the City is increasing its sewer charges by 7%. The total sewer bill will not increase that much because a part of the sewer charge is a charge for treatment mandated by the SCRWTDB. Therefore, the City Manager stated the net increase is actually less than 7%. Mrs. Archer moved to approve Ordinance No. 40-02 on FIRST Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. Ms. McCarthy commented about the Bootstrap Program and asked if there is a program in place that can educate the homeowners' to repair some of their plumbing problems. Ms. McCarthy commented that if this is not incorporated in the Bootstrap Program, she suggested that the City educate people through the neighborhoods and associations so that something can be done to help minimize the impact. In response, Ms. Butler stated that the Bootstrap Program is for exterior improvements only. However, Ms. Butler stated this is covered under the general rehabilitation program and noted that they can put together an educational piece to help educate people on how to conserve water. The City Manager stated the Utility Billing Division has undertaken conservation education efforts to ensure that people are not wasting water. 12.D. ORDINANCE NO. 41-02: An ordinance rezoning from RM (Multiple Family Residential - Medium Density) to CF (Community Facilities) a parcel of land located on the east side of Gleason Street, approximately 450 feet south of East Atlantic Avenue (39 Gleason Street); associated with the First Presbyterian Church of Delray Beach. If passed, a quasi- judicial public hearing will be scheduled for September 17, 2002. The City Manager presented Ordinance No. 41-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING LAND PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY) DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A PARCEL LOCATED APPROXIMATELY 450 FEET SOUTH OF EAST ATLANTIC AVENUE (39 GLEASON STREET), AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 2002" PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 41-02 is on file in the City Clerk's office.) -15- 9/03/02 The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated the First Presbyterian Church campus consists of several lots both located on the west side of Gleason Street (between Gleason Street and Bronson Avenue) and the east side of Bronson Avenue. The current request is to rezone a residential property located at 39 Gleason Street recently purchased by the church to be utilized as a facility for Christian Education. At its meeting of August 19, 2002, the Planning and Zoning Board held a public hearing in conjunction with the request. After discussing the proposal, the Board voted 6-0 (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. Ms. McCarthy commended the church for keeping the facility well maintained and stated it appears the partnership is working. Mr. Perlman moved to approve Ordinance No. 41-02 on FIRST Reading, 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. 12.E. ORDINANCE NO. 43-02: An ordinance amending Chapter 35, "Employee Policies and Benefits", Subheading "Retirement Plan" of the City Code of Ordinances by enacting Subsection (M), "Early Retirement Incentive" to establish an early retirement incentive program for eligible employees. If passed, a public hearing will be scheduled for September 17, 2002. The City Manager presented Ordinance No. 43-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY CREATING A NEW SUB SECTION (M), "EARLY RETIREMENT INCENTIVE", IN SECTION 35.097; ESTABLISHING AN EARLY RETIREMENT INCENTIVE PROGRAM FOR ELIGIBLE EMPLOYEES; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 43-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. -16- 9/03/02 The City Manager stated before second reading of this ordinance staff will have to get the actuarial statement from the actuary to project future costs. Furthermore, the City Manager stated at this time there are four general employees that are eligible for this early retirement incentive. Mr. Perlman commented that the School Board had this issue come up regarding their principals and ended up loosing a third of their principals because of a similar incentive program. Mr. Perlman asked if the City is prepared in terms of replacing the talent that could retire early. The City Manager explained that the City is prepared for this scenario. Ms. McCarthy moved to approve Ordinance No. 43-02 on FIRST Reading subject to the Actuary Report, 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. At this point, the time being 7:05 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 37-02: An ordinance amending Chapter 110, "Occupational Licenses Generally", Section 110.15, "License Tax Schedule", of the City Code of Ordinances to provide for a five (5) percent increase in all occupational license tax fees effective October 1, 2002. 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. 37-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 110, "OCCUPATIONAL LICENSES GENERALLY", SECTION 110.15, "LICENSE TAX SCHEDULE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR AN INCREASE IN OCCUPATIONAL LICENSE FEES: PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 37-02 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. There being no one from the public who wished to address the Commission regarding Ordinance No. 37-02, the public hearing was closed. -17- 9/03/02 Mr. Perlman commented that the occupational license tax fee has not been raised since August 1998. Mr. Perlman moved to adopt Ordinance No. 37-02 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 10.B. RESOLUTION NO. 72-02 (TENTATIVE MILLAGE LEVY): A resolution tentatively levying a tax on all properties within the City of Delray Beach for operation and maintenance and for payment of principal and interest on bonded indebtedness for FY 2003. Prior to consideration of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 72-02: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO TENTATIVELY LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 72-02 is on file in the City Clerk's office.) The City Attorney announced the tentative millage rate of 8.0 mills is equal to the millage for fiscal year 2002. The rolled back rate calculated under the TRIM law for operating purposes is 6.8512 mills. The tentative millage rate is 8.59% above the rolled back rate. The City Manager stated he has provided the Commission with an analysis of the impact on homestead homes throughout the City of different values. The City Manager explained since the value of homes is constrained by the "Save Our Homes Amendment" they can only go up 1.6% this year. The City Manager gave an example of a home assessed at $125,000 with a $25,000 homestead exemption would see a total increase of property tax of $16 per year. Mayor Schmidt commented that he would like to see an analysis of what the City loses each year in tax revenue. 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. -18- 9/03/02 Mayor Schmidt declared the public hearing open. There being on one from the public who wished to address the Commission on this resolution, the public hearing was closed. Mr. Perlman moved to adopt Resolution No. 72-02, 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. 10.C. RESOLUTION NO. 73-02 (TENTATIVE MILLAGE LEVY/DDA): A resolution tentatively levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2003. Prior to consideration of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 73-02: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 73-02 is on file in the City Clerk's office.) The City Attorney announced that Resolution No. 73-02 tentatively levies a tax in the amount of 1.00 mill on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for fiscal year 2003. This tentative millage exceeds the 0.9804 rolled back rate calculated under the TRIM law by 2%. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. There being on one from the public who wished to address the Commission on this resolution, the public hearing was closed. For clarification, Ms. McCarthy commented that this is an additional 1.00 mill only for property in the Downtown Development Authority (DDA). Mr. Levinson commented that this is the same rate that it has been for several years. The City Manager stated this has been 1.00 mill for approximately the last twelve years. -19- 9/03/02 Mrs. Archer moved to approve Resolution No. 73-02, 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. 10.D. RESOLUTION NO. 74-02 (TENTATIVE BUDGET ADOPTION FOR FY 2003): A resolution tentatively making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 2002 through September 30, 2003. Prior to consideration of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 74-02: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING TENTATIVE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH FOR THE PERIOD FROM THE 1st DAY OF OCTOBER, 2002, TO THE BOth DAY OF SEPTEMBER, 2003; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. (The official copy of Resolution No. 74-02 is on file in the City Clerk's office.) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Manager provided the Commission with a revised Exhibit "A" because of some changes with Weed & Seed's funding the total budget decreases approximately $8,000. The other changes are from the discussion the Commission had at the Budget Workshop Meeting of August 27, 2002. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission on this resolution, the public hearing was closed. Prior to the vote, Mr. Perlman asked if there is a surplus projected for the end of the year. In response, the City Manager stated there is a deficit of approximately $1.3 million (includes a settlement). The City Manager stated without the settlement, there would be a slight surplus of a $200,000. -20- 9/03/02 Mr. Levinson moved to approve Resolution No. 74-02, 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 time being 7:15 p.m. the Commission moved to Item 11, Comments and Inquiries on Non-Agenda items. ll.A. City Manager's response to prior public comments and inquiries. In response to a prior concern expressed by Ms. Elliott about installing bus shelters in the South Swinton area, the City Manager stated in conjunction with the Metropolitan Planning Organization's (MPO) Bus Shelter Program, the City is identifying appropriate sites for the installation of bus shelters. The City Manager stated priority shelter locations will be based on the number of routes servicing a particular stop, proximity to large community and public facilities and rider ship. The City Manager stated although the intersection of Swinton and S.W. l0th Street is served by Route 70 and 80, the bus stops are on opposite sides of the bus station. The City Manager stated staff will look at the possibility of combining the stops and combining a common area which might make this a higher priority shelter location. Secondly, in response to a prior concern expressed by Ms. Wright about children trying to catch the bus in her neighborhood and the potential danger with traffic, the City Manager stated staff will make an effort to get in touch with her and see if she can identify the children she has observed. At that point, a Police Officer will speak to their parents about safety in that area. The City Manager continued to state that with regard to how the children catch the bus, there is no design problem and whether it is the bus stop or just crossing the street, the children need to learn to be careful of the traffic and only cross in a roadway when it is safe. 11.B. From the Public. ll.B.1. Bill Schwartz~ 3863 Live Oak Boulevard~ Delray Beach~ stated the City of Delray Beach needs to be very proud of this Commission because they work hard and diligently and he feels their decisions are fair, intelligent, and researched. Mr. Schwartz stated he is very upset with recent accusations that have been made about the Commission and the kind of behavior from the public that the Commission has had to tolerate. He commended the Commission for tolerating this behavior and stated they are an exemplary Commission and deserve to get the respect that they give to the citizens. Mr. Schwartz commented about the "Pledge of Civility" plaque posted in the Commission Chambers and feels this is a great addition. 11.B.2. Alice Finst~ 707 Place Tavant~ Delray Beach~ expressed concern about the water issue and commented approximately fifteen years ago the City brought in specialists on how to conserve water, etc. She suggested with regard to the conservation effort, the City may want to refer to what was expressed back then as an attempt to not have to "reinvent the wheel". -21- 9/03/02 Secondly, with regard to the RFP for the Arvida property on Barwick Road, Mrs. Finst stated it was her understanding that the last week of August the proposal would be open and the public would be able to review the materials that had been provided by developers. Mrs. Finst asked the Commission if a Workshop Meeting will be scheduled to discuss this issue and she expressed interest in being part of a review committee. Mrs. Finst asked if she could have a status report that she can take back to her neighbors with regard to the RFP for Arvida. The City Manager stated the RFP's have been opened and the City has received proposals from four different firms and these are available for public inspection. Furthermore, the City Manager stated there will be a committee that will review them. At that point, the City Manager stated he will see how it precedes from there and will notify Mrs. Finst when he has a timeframe. ll.B.3. Gerry Franciosa~ 939 Eve Street~ Delra¥ Beach~ stated he appreciates comments expressed by ex-Commissioner Bill Schwartz. Mr. Franciosa stated although he agrees with many decisions made by the current Commission, he does not agree with all the decisions that are made. Mr. Franciosa stated he is dismayed to see that the City is involved in a lawsuit brought on by its residents. Mr. Franciosa stated he believes many of the decisions have been fair and just but feels some decisions are being made against the majority of people especially with regard to the Atlantic High School Relocation Project. Mr. Franciosa commented that this is a "no win" situation for the City, the residents, and especially the students. Mr. Franciosa stated there were numerous people who signed petitions against the move and reiterated that it is unfortunate to see the City has to be involved in a lawsuit by its residents. Mr. Franciosa stated he is not happy about Parks situations and commented that the City is asking for an $18 million bond. Mr. Franciosa stated he does not know if the City can pay for it but feels it is up to the Commission to make these decisions. Lastly, Mr. Franciosa urged the Commission to revisit the sign ordinance regarding political signs and make it fair for all political candidates with regard to where these signs should be posted. Furthermore, Mr. Franciosa feels some candidates are getting out of control with the size and location of these signs. ll.B.4. John Bennett~ 137 Seabreeze Avenue~ Delra¥ Beach~ expressed concern over the political signs and commented that there is a perception that the City allegedly displayed favoritism towards some political candidates. Therefore, Mr. Bennett stated he feels the City needs to take immediate action to rebut that appearance to say this did not happen. Mr. Bennett stated he feels there need to be two things addressed and suggested that the Commission get correct information out to the public. One, Mr. Bennett stated the Commission needs to get out to people who think there was favoritism that there was not. Second, Mr. Bennett suggested that the sign ordinance be reviewed. Mr. Bennett stated previously there was discussion about the billboards and it was mentioned that the sign -22- 9/03/02 committee was studying the sign ordinance as a whole and he would like to know the status of this effort. ll.B.5. Evelyn Dobson, 130 N.W. 3rd Avenue, Delray Beach, stated in the event that she is not present when it becomes an agenda item, Ms. Dobson stated she would like to make a recommendation regarding the alleyways. She suggested that the Commission consider abandoning the alleyways in some of the areas in the Northwest section of Atlantic Avenue. Ms. Dobson suggested that the City pave the alleyways and consider changing the access for trash pickup of yard waste and garbage. She feels it would leave the streets cleaner and thus the neighborhood would have a better appearance. Ms. Dobson stated in Savannah the garbage trucks pick up the garbage cans from the alleyways. 13. Comments and Inquiries on Non-Agenda Items. 13.A. City Mana;~er. The City Manager had no comments or inquiries on non-agenda items. 13.B. City Attorney. The City Attorney had no comments or inquiries on non-agenda items. 13.C. 13.C.1. City Commission. Commissioner Levinson Mr. Levinson wished everyone a "Happy Rosh Hashanah" which will begin on Friday evening. Secondly, Mr. Levinson stated the Commission received a letter from the Coast Guard regarding the bridge openings. Mr. Levinson commented that he feels this may be a good thing for the Volunteer Marine Patrol to look into because he feels it is an issue particularly when boats are stacked waiting to go underneath the bridges. Mr. Levinson stated the Commission also received a letter regarding the Veteran's Cemetery and commented that Lawrence Strainge is part of a state-wide committee to help facilitate the cemetery. Mr. Levinson stated the committee has been working on this for approximately fifteen years and he would like to see the City send Mr. Strainge a letter to congratulate Mr. Strainge for working so hard. Mr. Levinson stated he had a conversation today with the City Attorney regarding the sign ordinance and commented about the political signs along with issue signs. He stated that the political signs have a bond that helps the City collect when they are not taken down. Mr. Levinson expressed concern over the signs that do not have bonds posted which he feels brings to the forefront the issue of the sign code and the sign ordinance. -23- 9/03/02 The City Attorney stated after her discussion with Commissioner Levinson, she had a conversation with Lula Butler, Director of Community Improvement, who is compiling a draft ordinance to make sure it is up-to-date with current law. Mr. Levinson stated he appreciates comments expressed by Commissioner Schwartz. Mr. Levinson stated sometimes people misconstrue things and think they are being ignored when in fact the decisions on both sides have been weighed and a decision had to be made that perhaps did not favor them. Mr. Levinson stated he feels this is not ignoring someone but instead it is making the best decision for Delray. Mr. Levinson stated at a charity auction he bought a day with Wally Amos, founder of the Famous Amos Cookie Company and announced that Mr. Amos is coming to Delray Beach on October 1, 2002. Although the details of the plans are not yet finished of what he will be doing, Mr. Levinson stated it looks as though Mr. Amos will participate with reading to the students at the Village Academy and meet with City employees to do a seminar with regard to relationships and partnerships. Mr. Levinson suggested that staff show Mr. Amos the Community Child Care Center and present him with a proclamation thanking him at the Regular City Commission Meeting of October 1, 2002. Mr. Levinson suggested that the City hold a community-wide cookie bake from 6:30-7:30 p.m. with Mr. Amos. 13.C.2. Commissioner McCarthy Ms. McCarthy commented that it is good to see Mr. Schwartz. Secondly, Ms. McCarthy commented about a concern expressed by Rosetta Rolle and stated the back of her complex where it abuts N.W. 2nd Avenue in the residential area, there are some overgrown trees so when people are walking they have to navigate through there. Ms. McCarthy stated that Mrs. Dobson who spoke this evening is the President of the West Settlers' Association and commented that the paving of the alleyways was something that was requested a few times at a special meeting that was held with regard to what they would like to do with the historic area. Also, during that meeting, Ms. McCarthy stated the majority of people there were not aware of the existing procedure about the abandonment of alleyways. Ms. McCarthy stated she would like to see the procedure forwarded to the neighborhood associations so they can apprise the citizens that this is already in place and how to do it. 13.C.3. Mayor Schmidt Mayor Schmidt stated he met Terry Siele, the new Post Commander of the VFW Hall, and commented that there will be an event held on Friday, September 20, 2002, at 7:00 p.m. at Worthing Park to honor MIA's and POW's. Mayor Schmidt stated he has a scheduling conflict and commented that he had already made a commitment to attend the EPOCH dinner the same evening. In addition, Mayor Schmidt stated there is also an event with the Northwest/Southwest Neighborhood Plan which will be held at 6:00 p.m. at the Village Academy. -24- 9/03/02 Secondly, Mayor Schmidt stated the Advisory Board Appreciation Reception will be held on Tuesday, October 29, 2002, at 6:00 p.m. at Old School Square and he is working with Marjorie Ferrer to have something immediately following the reception. 13.C.4. Commissioner Perlman Mr. Perlman stated he also attended the West Settlers' Meeting that Commissioner McCarthy attended and commented he was impressed with the turnout. Mr. Perlman stated he was also impressed with one of the outcomes that the West Settlers' Association would like to run the meetings themselves and he feels this is a testament to see how far the community and the association has come in that they are rapidly figuring out that they are capable of moving things forward. Mr. Perlman feels overall it was a great opening meeting and feels there will be some really good things as a result of this meeting. With regard to the Arvida property, Mr. Perlman stated he would like to see this discussed at a Workshop Meeting due to the fact that there is a significant public interest in this piece of land. Mr. Perlman stated it is a major project for the City and in an effort to avoid any misinformation he would like to see this process opened up to the public and commented he would like to involve the residents as much as possible. The City Manager stated there will be residents on the Review Committee and commented that some of the proposals may not meet the minimum criteria. Therefore, the City Manager stated once the evaluation process is complete, then presentations would be scheduled in a public forum. Mr. Perlman commented about the newspaper article in the Sun-Sentinel regarding the $18 million bond and stated he does not believe the Commission has made a decision on this yet. He continued to state approximately 13 years ago the City approved a $21.5 million bond with a broad coalition of support from every segment of the community. He stated this was passed at a time when there was a huge anti-tax sentiment and that return on the investment was in the multi-million dollar range. Furthermore, Mr. Perlman stated the Commission has not yet made a decision with regard to the $18 million bond. Mr. Perlman stated he had to call 911 for a loved one on Sunday and commented that many neighbors rushed to the scene. Mr. Perlman stated the two paramedics calmed the large crowd by taking control of the scene within a matter of minutes. Mr. Perlman stated he is endlessly impressed with the way the situation was handled and thanked both the paramedics and the Fire Department. 13.C.5. Commissioner Archer Mrs. Archer thanked Mr. Schwartz for his comments. Secondly, Mrs. Archer stated she too attended the West Settlers Homeowners' Meeting and commented that she was very impressed and encouraged with the group as a whole. -25- 9/03/02 Mrs. Archer commented that she was very surprised to find misleading information about the $18 million bond for parks. at 7:50 p.m. There being no further business, Mayor Schmidt declared the meeting adjourned City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on September 3, 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. -26- 9/03/02 Mrs. Archer commented that she was very surprised to find misleading information about the $18 million bond for parks. There being no further business, Mayor Schmidt declared the meeting adjourned at 7:50 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 September 3, 2092, 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. -26- 9/03/02