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08-20-02AUGUST 20, 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, August 20, 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 2_ The opening prayer was delivered by Pastor Lusa Versulien with Church of God Militant Church. o The Pledge of Allegiance to the flag of the United States of America was given. o AGENDA APPROVAL. Mayor Schmidt noted the additions of Item 8.K. Lease Agreement/Palm Beach County, to the Consent Agenda and Item 9.F. Cancellation of Contract/Luxury Limousine to the Regular Agenda by addendum. Mr. Levinson moved Item 8.J.2. Award of Bids and Contracts from the Consent Agenda to the Regular Agenda as Item 9.A.A. Mrs. Archer moved to approve the Agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. APPROVAL OF MINUTES: Ms. McCarthy moved to approve the Minutes of the Regular Meeting of August 6, 2002, 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. Ms. McCarthy moved to approve the Minutes of the Special Meeting of August 13, 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. PROCLAMATIONS: 6oAo National Alcohol and Drug Addiction Recovery Month - September 2002 Mayor Schmidt noted a proclamation proclaiming September 2002 as National Alcohol and Drug Addiction Recovery Month. ° PRESENTATIONS: 7.A. Palm Beach County Film Commission (Bad Boys Il/Bird House) - Chuck Elderd & David Pittuzo Robert A. Barcinski~ Assistant City Manager~ stated various departments have been meeting over the last 2-3 weeks with the Film Commission staff, Mr. Pittuzo of Columbia Pictures as well as County and State agencies in pre-planning for this film shoot. Mr. Barcinski stated Mr. Pittuzo has met individually with some property owners' and has had meetings with some of the homeowner association representatives. Chuck Elderd~ Palm Beach County Film Commissiom extended his appreciation and thanks to everyone and commented that they have had a wonderful relationship with the City for the last thirteen years. Mr. Elderd stated it pleases him to be able to bring to the City of Delray Beach a production company of this caliber, that being Columbia Pictures. Mr. Elderd complimented staff for working tirelessly and for coming together so quickly at the last minute to begin the meetings with residents. Mr. Elderd stated he is very enthusiastic and confident about the filming because the staff has worked so well to prepare the details of the importance of what is safe for the community, the citizens-at-large, and the production company. David Pittuzo~ Assistant Location Manager for Columbia Pictures representing the motion picture Bad Boys IL stated they have been shooting in South Florida and were invited to Delray Beach, Palm Beach County, by the former owners of the Bird mansion and estate located at 1105 South Ocean Boulevard. Mr. Pittuzo emphasized that the home will not be blown up but instead will be demolished and subdivided into three separate estate homes. As part of the filming process, Mr. Pittuzo stated it is referred to as a "Hollywood Blow" which will be a very controlled explosion because they have the finest special effects team in the world. In addition, Mr. Pittuzo stated Larry Ship from the Los Angeles Fire Department will be working in conjunction with the Delray Beach Fire Department. Furthermore, Mr. Pittuzo stated most of the filming will be done on the ocean side of the property and he is working with all of the appropriate agencies. -2- 8/20/02 Ross Licata~ Captain/Police Department~ briefly explained the security and traffic plan for the area where the filming is going to take place. Captain Licata stated the proposal is to barricade A-l-A, an outer perimeter at Casuarina Road and South Ocean Boulevard to the north, and to the south just north of Linton Boulevard. Captain Licata stated they will be manning Police check points at Linton Boulevard and Bucida Road limiting the traffic into that area for local residents only. Captain Licata stated the Police Department is working with Bob's Barricades and noted that message boards and signs will be posted two weeks prior to the event informing the residents and those people who will be affected by the road closures exactly which roads will be closed, etc. Captain Licata stated flyers will also be mailed to the people who live in the immediate area giving them specific instructions how they would access the barrier island and how they would leave the barrier island without it being too much of an inconvenience to the residents. Captain Licata stated the Police Department has been working closely with representatives from the film crew and the Beach Property Owners' Association in an effort to get the message out to all the people who will be affected. Captain Licata stated filming begins on Friday, September 13th and the road closure will be either on the evening of Thursday, September 12th, or very early in the morning of the 13th. Captain Licata stated there is some discussion that they may be able to open the road on Saturday and Sunday but this has not yet been determined. If the vehicles are not able to be moved on the weekend, then the roads will remain closed until Wednesday, September 18th. At that point, the roads would be opened up again until they return on Thursday, September 26th and Friday, September 27th at which point the same traffic plan would go into affect for those two days. Mr. Pittuzo commented that the rain day will be Thursday, September 19th. Mr. Levinson stated this is tremendous for the community and commented this is clearly a huge film. Mr. Perlman stated the week that the filming will be going on is traditionally a slow week for the economy and commented he is thrilled that the film crew is here. go CONSENT AGENDA: City Manager Recommends Approval. 8.A. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2002-02: Formally initiate Comprehensive Plan Amendment 2002-02 pursuant to Section 9.2.1 of the Land Development Regulations. 8.B. REQUEST FOR SIDEWALK DEFERRAL/SEASHELL PROPERTIES~ INC.: Approve a request from Seashell Properties, Inc. to defer the installation of a sidewalk in front of 1054 Melaleuca Road. Staff recommends approval. 8.C. RESOLUTION NO. 68-02: Approve Resolution No. 68-02 assessing costs for action necessary to abate nuisances on nine (9) properties throughout the City. The caption of Resolution No. 68-02 is as follows: -3- 8/20/02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS- MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 68-02 is on file in the City Clerk's office.) 8.D. EMERGENCY SERVICES AGREEMENT/CITY OF BOCA RATON: Approve the acceptance of an Emergency Services Agreement for Emergency Fire/Rescue Mutual Assistance and Automatic Aid with the City of Boca Raton. 8oto EMERGENCY SERVICES AGREEMENT/CITY OF BOYNTON BEACH: Approve the acceptance of an Emergency Services Agreement for Emergency Fire/Rescue Mutual Assistance and Automatic Aid with the City of Boynton Beach. 8.F. EMERGENCY SERVICES AGREEMENT/PALM BEACH COUNTY: Approve the acceptance of an Emergency Services Agreement for Emergency Fire/Rescue Mutual Assistance and Automatic Aid with Palm Beach County. 8.G. AMENDMENT TO BOARD OF ADJUSTMENT RULES: Approve revisions to the Board of Adjustment Rules incorporating the recently adopted procedures for quasi- judicial hearings. 8.H. SPECIAL EVENT REQUEST/HOWARD ALAN 8T}I ANNUAL DELRAY BEACH CRAFT FESTIVAL: Approve a special event request for the 8th annual Delray Beach Craft Festival sponsored by Howard Alan Events, Ltd. to be held from 10:00 a.m. until 5:00 p.m. on September 21, 2002 and September 22, 2002, granting a temporary use permit per LDR Section 2.3.6(H) for the closure of N.E. and S.E. 4th Avenue, one block north/south of Atlantic Avenue, and the Hand's parking lot for vendor parking, and authorize staff support for police security with the sponsor paying all overtime costs. 8oio REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period August 5, 2002 through August 16, 2002. go Jo AWARD OF BIDS AND CONTRACTS: -4- 8/20/02 o o o Bid award to Republic Construction and Development, Inc. in the amount of $80,794.00 for the replacement of two (2) lifeguard towers. Funding is available from 334-6112-519-62.14 (General Construction Fund). Purchase award to Comark Government Education Sales in the amount of $33,978.00 for the purchase of six (6) new laptop computers for the Police Department Patrol Officers under State Negotiated Agreement Price Schedule (SNAPS) Contract No. 2501937-2. Funding is available from 115-2112-521-64.90 (Federal Asset Forfeiture Account). Purchase award to Accris Corporation in the amount of $84,107.00 for the purchase of a network back-up and recovery software and hardware system. Funding is available from 334-6112-519-64.12 (Office Equipment). Purchase award to Presidio Corporation in the amount of $22,939.42 for the purchase of hardware, equipment, and associated installation costs to extend the wireless communication project to Fire Station 3. Funding is available from 334-6112-519-64.90 (Other Machinery/Equipment). 8.K. LEASE AGREEMENT/PALM BEACH COUNTY: Approve a lease agreement between the City of Delray Beach and Palm Beach County School District for the District One (1) Substation at Atlantic High School. Mr. Perlman moved to approve the Consent Agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. o REGULAR AGENDA: 9.A.A. PURCHSE AWARD TO COMARK GOVERNMENT EDUCATION SALES IN THE AMOUNT OF $33,978.00 FOR THE PURCHASE OF SlX (6) NEW LAPTOP COMPUTERS FOR THE POLICE DEPARTMENT PATROL OFFICERS UNDER STATE NEGOTIATED AGREEMENT PRICE SCHEDULE (SNAPS) CONTRACT NO. 2501937-2. FUNDING IS AVAILABLE FROM 115-2112-521-64.90 (FEDERAL ASSET FORFEITURE ACCOUNT) Mr. Levinson stated the proposal from CoMark that was in the Commission packet indicates that six (6) laptop computers total $33,978 and commented that these computers are 800 MHZ which he feels is a lot of money for an 800 MHZ computer. Mr. Levinson stated it would make him feel better to know that the City is paying for something that is current as opposed to paying for something that is old. The City Manager stated the Toughbook 28 is a Pentium III Processor and the Pentium IV Processor is normally purchased for standard applications. -5- 8/20/02 The City Manager stated it is his understanding that the City of Boca Raton has tried standard computers and they get torn up rather quickly. Joseph Safford, Director of Finance, stated this is the latest model for the Toughbook that the City can get and is overall more cost effective. Mr. Levinson stated he understands that these must be shock resistant, etc. However, he commented for the price they are paying for an 800 MHZ Pentium III computer, he feels staff should be looking for an alternative and a more current model because in a year or two a lot of the software is going to run very slow on an 800 MHZ computer. Mr. Levinson moved to table this item until the meeting of September 3, 2002, and address concerns expressed by Commissioner Levinson to make sure it is a product that can be upgraded and if there is something special about the Toughbooks the Commission should be made aware of, 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.A. FILMING AUTHORIZATION/BAD BOYS Il/BIRD HOUSE: Consider authorizing the closure of A-1-A from Linton Boulevard to Casurina during the actual filming at the Bird House and the use of City owned parking lots/property as needed for the production company parking and base camps. Mr. Perlman moved to approve the closure of A-1-A from Linton Boulevard to Casuarina Road during the filming at the Bird House and the use of City owned parking lots/property as needed for the production company parking and base camps, 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. 9.B. CANCELLATION OF CONTRACT/ISADORA BRADY: Consider authorizing the cancellation of Contract for Sale and Purchase with the Estate of Isadora Brady due to property title issues. The City Attorney stated this is before the Commission to consider cancellation of the contract at this time because of title issues which need to be worked out. In addition, the City Attorney stated the City is looking at other avenues of possibly acquiring this property with assistance from the CRA. Mr. Levinson moved to approve the cancellation of the Contract for Sale and Purchase with the Estate of Isadora Brady, 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. 9.C. FIRE-RESCUE/RECRUITMENT INCENTIVE PROGRAM: Consider adopting a Fire-Rescue Recruitment Incentive Program to compensate City employees for -6- 8/20/02 recruitment of candidates hired by the City of Delray Beach. The City Manager stated the Commission has approved setting up an incentive program for the Police Department and he is pleased to announce that these vacancies are rapidly filling up. The City Manager continued to state that the City would like to have a similar program for the Fire Department and this would be available to any employee who recruits a firefighter. Mrs. Archer moved to approve a Fire-Rescue Recruitment Incentive Program to compensate City employees for recruitment of candidates hired by the City of Delray Beach, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.D. RESOLUTION NO. 67-02: Consider approval of Resolution No. 67-02 establishing the Public Arts Task Force consisting of nine (9) members with a sunset date of April 1, 2003. The City Commission will appoint five (5) members at the September 3rd Commission meeting. The caption of Resolution No. 67-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A PUBLIC ARTS TASK FORCE FOR THE PURPOSE OF IDENTIFYING THE METHODS, PROCESS, CRITERIA AND POTENTIAL FUNDING SOURCES FOR THE INCORPORATION OF ART INTO FUTURE DEVELOPMENT PROJECTS WITHIN THE CITY OF DELRAY BEACH, PROVIDING AN EFFECTIVE DATE AND A SUNSET DATE. (The official copy of Resolution No. 67-02 is on file in the City Clerk's office.) Mr. Levinson moved to approve Resolution No. 67-02, 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.E. SPECIAL EVENT/HEART AND SOUL RUN/WALK: Consider approval of special event request to allow the Heart and Soul Run/Walk sponsored by the Village Foundation and Muzak Heart and Soul Foundation, to be held on September 7, 2002 from 7:30 a.m. until 1:00 p.m., including a temporary use permit per LDR Section 2.4.6(H) for the use of City property and closure of right-of-way along Ocean Boulevard, and authorize staff support for barricading, signage, traffic control/security, and stage set up/removal; contingent on the sponsors providing a hold harmless agreement and certificate of insurance. -7- 8/20/02 Robert A. Barcinski, Assistant City Manager, stated this is a request to endorse the Heart and Soul Run/Walk sponsored by the Village Foundation and the Muzak Heart and Soul Foundation to be held on September 7, 2002 from approximately 7:30 a.m. to 1:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(H) for use of City property and right-of-way along Ocean Boulevard, and to authorize staff support for barricading, signage, traffic control and security, and stage set up/removal. Approval would also require a waiver of parking meter fees in Anchor Park. The estimated overtime cost for this event is $3,200. The event sponsors are asking for a waiver of these costs. The goal of this event and the concert they are having at the Marriott Hotel on Sunday is to raise $25,000 for the Village Foundation Programs. This event was held two (2) years ago as a walk only event along Atlantic Avenue and S.W. 12th Avenue. Mr. Levinson stated that in the budget there are grants for non-profit organizations but the list does not include waivers of overtime and other waived fees and commented that these are really contributions to organizations. Mr. Levinson suggested that staff look at the budget for cash awards and include it in so as to get a better handle on the "in- kind" services. Mr. Perlman moved to approve the special event request to allow the Heart and Soul Run/Walk sponsored by the Village Foundation and Muzak Heart and Soul Foundation, to be held on September 7, 2002 from 7:30 a.m. until 1:00 p.m., and subject to staff's recommendations, 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.F. CANCELLATION OF CONTRACT/LUXURY LIMOUSINE: Consider authorizing the cancellation of contract with Luxury Limousine Service Inc. for bus rental and driver service for Parks and Recreation and approve an emergency purchase order to Florida Network Tours in the amount of $7,170.00 for the remainder of the contract. Joseph Weldon, Director of Parks and Recreation, stated the City of Delray Beach mailed a renewal letter to Luxury Limousine Service, Inc. and they are requesting a cancellation of the contract to be effective August 26, 2002. Mr. Weldon stated Florida Network Tours was contacted and have agreed to provide the service through the contract deadline of September BOth to get the Parks and Recreation Department through the Rocks Football Game and other events. Ms. McCarthy moved to approve the cancellation of the contract with Luxury Limousine Service, Inc. and approve an emergency purchase order to Florida Network Tours in the amount of $7,170 for the remainder of the contract, 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. At this point, the Commission moved to Item 12, First Readings. -8- 8/20/02 12. FIRST READINGS: 12.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. If passed, a public hearing will be scheduled for September 3, 2002. The caption of Ordinance No. 37-02 is as follows: 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. Mr. Perlman moved to approve Ordinance No. 37-02 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 9.H. of the Regular Agenda. 0.H. WATER/SEWER BUDGET FY 2002-2003 The City Manager briefly reviewed the water and sewer budget and stated he expects there will be a deficit in this fund of approximately $300,000 or so. The City Manager stated the City will construct the Ionization Exchange Program. In addition to the Water Treatment Plant, the City will not have operating costs for that this year, but we will begin paying debt service and that alone requires approximately a two (2) percent increase in rates. The City Manager stated the proposed water and sewer rate increase is six (6) percent. Mrs. Archer asked what does the six percent proposed increase mean to the individual homeowner. In response, the City Manager stated for the average consumer, this would mean a little less than $2.00 per month. Mr. Perlman commented about the Ionization Exchange Program that is driving much of the increase and asked if this is a Federal mandate. In response, the City Manager stated it is a Federal mandate to comply with the Clean Water Act and commented that there are no Federal or State monies available. -9- 8/20/02 Mr. Perlman asked if there are any efforts from the Florida League of Cities or the National League of Cities to lobby Congress for funds so that there is some aid to local governments. In response, the City Manager stated although he is not familiar with them closely, he is aware that there have been some efforts both at the State and Federal level because so much of this is being driven by the Safe Drinking Water Act requirements. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 36-02: An ordinance rezoning from R-i-AA (Single Family Residential) to RM (Multiple Family Medium Density Residential) for a parcel of land located on the south side of S.E. 5th Street, approximately 160 feet east of S.E. 6th Avenue (Federal Highway) - 622 S.E. 5th Street. 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. Quasi-Judicial Hearing The caption of Ordinance No. 36-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING LAND PRESENTLY ZONED R- 1-AA (SINGLE FAMILY RESIDENTIAL) DISTRICT TO RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE SOUTH SIDE OF SE 5TH STREET, APPROXIMATELY 160 FEET EAST OF SE 6TH AVENUE (NORTHBOUND FEDERAL HIGHWAY) - 622 SE 5TH 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. 36-02 is on file in the City Clerk's office.) The City Attorney read the caption of Ordinance No. 36-02. 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. item. The City Clerk swore in those individuals who wished to give testimony on this -10- 8/20/02 Mayor Schmidt asked the Commission to disclose any ex parte contacts. Mrs. Archer, Mr. Perlman, and Ms. McCarthy had no ex parte contacts. Mayor $chmidt stated he had a brief conversation with Michael Weiner yesterday asking him to support this. Mr. Levinson stated he had a conversation with Michael Weiner and Dr. Shapins. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2002-269 into the record. Mr. Dorling stated the subject property consists of Lot 11, less the west 166 feet thereof, Block 1, Osceola Park and contains 0.5466 acres. The property contains a single family residence which was constructed in 1953. The subject property was rezoned from RM-10 (Multiple Family Residential - 10 units per acre) to R-l-AA (Single Family Residential), which is its current zoning designation. At its meeting of July 15, 2002, the Planning and Zoning Board considered this request and after lengthy discussion, unanimously recommended approval of the request on a 6-0 vote. Michael Weiner~ Attorney representing the owner/applicant Charles O. Andersom stated Mr. Anderson is the owner of 0.55 acres located at 622 S.E. 5th Street, Delray Beach, Florida and is here for a rezoning. Mr. Weiner entered Mr. Miller's r~sum~ into the record as a qualified land planner and expert who will testify with respect to land planning issues, compatibility and consistency of this particular rezoning. Mr. Weiner stated to receive a change in zoning the requirements of the LDR's for the City of Delray Beach must be met. Mr. Weiner stated that the requirements of Chapter 3 are Future Land Use Map Designation, Concurrency, Comprehensive Plan policies, and Compatibility and Consistency. The Planning and Zoning Board made positive findings with respect to all of these four subcategories and Chapter 3 and recommended the rezoning. Furthermore, Mr. Weiner stated the last requirement is under Section 2.4.5(D)(5) which states you must come forward with one of three reasons. In this case, Mr. Weiner stated the applicable reason is set forth in Section 2.4.5(D)(5)(C) which states "that the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon the circumstances particular to the site and/or neighborhood." Mr. Weiner stated there is more than enough room for parking and that parking will either be equal to what is required or exceeded and emphasized that they want to be a good neighbor. Bradley Miller~ Land Planner of Miller Land Planning Consultants and representing the applicant~ addressed three primary issues. One is the consistency of the surrounding land uses, second is the consistency of the Comprehensive Plan, and last is the adequate process that is already in place in the City's Code for this project to continue forward. In summary, Mr. Miller stated the rezoning application is consistent with the surrounding land uses and brings it into consistency with the Comprehensive Plan and the Comprehensive Plan designation. Mayor Schmidt declared the public hearing open. -11- 8/20/02 Dr. Frank Shapins, Dentist/owner of the dental buildin;~ located at 505 S.E. 6th Avenue, Delra¥ Beach (west of the property), stated he would like to ensure that whatever is being considered for his neighbor's property will be a quality project and will provide adequate parking so that all parking can be kept on-site. Dr. Shapins expressed concern that if they build to the maximum and there are only fifteen spaces and six units this would only leave three spaces for service, vehicles, and guests. Dr. Shapins stated if these code requirements are exceeded, then his objections would be largely taken care of. Dr. Shapins stated if there is no street parking available on either S.E. 5th Street or S.E. 7th Avenue and if they cannot contain all their parking on the property, he feels the natural place for those extra cars to go will be his lot. Dr. Thomas Hughes, Dentist/second owner of the dental building located at 505 S.E. 6th Avenue, Delra¥ Beach, and speaking on behalf of the dentists in the building and the surroundin~ neighbors, stated this is really a neighborhood of one story low density properties and expressed concern over the height of the town homes and the number of units that may be there. Also, Dr. Hughes expressed concern over the traffic that may be generated on the one-way road that goes north and south to the east of the property. Dr. Hughes stated originally it was two lanes but after concerns of the neighborhood the City deemed it necessary to decrease it with the concrete barriers and commented that the first two streets to the north are all one-way. Therefore, Dr. Hughes stated if someone is driving and misses 5th Street, you have to travel three blocks north and come down a one lane road to the south to get back to the property. Dr. Hughes stated there has been a history of long time concern to the neighbors with the traffic flow in this area. Dr. Hughes stated this lot has limited ingress/egress to it and therefore feels it would be difficult to fit fifteen parking spaces along that one front. Dr. Robert DePalma, Dentist/third owner of the dental building located at 505 S.E. 6th Avenue, Delra¥ Beach, concurs with comments expressed by Dr. Shapins and Dr. Hughes and stated his main concern is the parking. Dr. DePalma stated that there is already an overflow generated from the Veterinarians office. Dr. DePalma stated he wants to be a good neighbor and see Delray grow but urged the Commission to take everyone into consideration. There being no one else from the public who wished to address the Commission, the public hearing was closed. Mr. Weiner came forward to give his rebuttal. Mr. Weiner stated they are here this evening to look at good planning and commented that by looking at the adjacent structures such as The Barrton Apartment Condo, the office building, the second office building and the RM (Multiple Family Residential - Medium Density) zoning which surrounds it, this is the most compatible and consistent use to the adjacent structures. Mrs. Archer asked how many units are in the Sobra Del Mar Townhouse Villas and how do they gain access. In response, Mr. Dorling stated there is a road that is an extension of S.E. 7th Avenue that runs parallel to the property. Mrs. Archer asked how people will be gaining access to the five town homes that are proposed for this property. Mr. Dorling stated he does not believe that that is a public right-of-way but is private property. Therefore, Mr. Dorling -12- 8/20/02 stated if that in fact was a private access tract the only way access would be granted would be on S.E. 5th Avenue. Mr. Dorling stated the zoning would allow a base of three units and six maximum if performance standards are met. Prior to the vote, Mayor Schmidt stated as Mr. Weiner pointed out this really is to do with zoning and the concerns raised are to do more with the site plan. Furthermore, Mayor Schmidt stated there have also been several statements by Mr. Weiner on behalf of his client that they will work with the adjacent property owner's to make the parking as beneficial as possible. Mr. Levinson moved to adopt Ordinance No. 36-02 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 33-02 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending the Land Development Regulations to modify the definition and regulations pertaining to substance abuse treatment facilities and amending Section 4.4.6 Medium Density Residential (RM) district by removing residential alcohol and drug treatment facilities as a conditional use. 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 caption of Ordinance No. 33-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY REPEALING SECTION 4.3.3(D), "RESIDENTIAL AND NON-RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES" AND ENACTING A NEW SECTION 4.3.3(D), "SUBSTANCE ABUSE TREATMENT FACILITIES", PROVIDING A DEFINITION AND ESTABLISHING A MINIMUM CRITERIA FOR SUBSTANCE ABUSE TREATMENT FACILITIES, ADDRESSING THE EFFECTIVE DATE FOR EXISTING SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING SECTION 4.3.3(I), "COMMUNITY RESIDENTIAL AND GROUP HOMES" TO EXCLUDE CERTAIN SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING SECTION 4.4.6 "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SUBSECTION 4.4.6(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", BY REMOVING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES; AMENDING SECTION 4.4.9 "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION 4.4.9 (D), "CONDITIONAL USES AND STRUCTURES ALLOWED", BY REPLACING RESIDENTIAL ALCOHOL -13- 8/20/02 AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT," SUBSECTION 4.4.13 (D), "CONDITIONAL USES AND STRUCTURES ALLOWED," BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING 4.4.16, "PROFESSIONAL AND OFFICE (POD) DISTRICT," SUBSECTION 4.4.16 (D), "CONDITIONAL USES AND STRUCTURES ALLOWED," BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT," SUBSECTION 4.4.17 (D), "CONDITIONAL USES AND STRUCTURES ALLOWED," BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING 4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT," SUBSECTION 4.4.21(D), CONDITIONAL USES AND STRUCTURES ALLOWED", BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)," SUBSECTION 4.4.24 (D), "CONDITIONAL USES AND STRUCTURES ALLOWED," BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING SUBSECTION 4.6.9 (C), "NUMBER OF PARKING SPACES REQUIRED," BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING APPENDIX "A", "TERM AND DEFINITION," BY REPEALING THE DEFINITIONS OF "NON-RESIDENTIAL SUBSTANCE ABUSE TREATMENT FACILITY," "RESIDENTIAL TREATMENT FACILITY," AND "SUBSTANCE ABUSE" IN THEIR ENTIRETY AND ADDING THE DEFINITION OF "SUBSTANCE ABUSE TREATMENT FACILITY"; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 33-02 is on file in the City Clerk's office.) -14- 8/20/02 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. Paul Dorling, Director of Planning and Zoning, stated earlier this year, the Florida Legislature amended Chapter 397, Florida Statutes, regarding the regulation of Substance Abuse Treatment Facilities, which became effective July 1, 2002. Thus, the City's Land Development Regulations regarding treatment facilities require amendment to conform to the State's requirements under Chapter 397, Florida Statutes. The amendment involves repealing LDR Section 4.3.3(D) (Residential and Non-Residential Alcohol and Drug Abuse Treatment Facilities), which lists specific requirements for substance abuse treatment facilities. Mayor Schmidt declared the public hearing open. Carolyn Zimmermam President's Council of Delray~ 212 S.W. 2nd Avenue~ Delray Beach~ stated she does not feel there is anything behind the opposition to the ordinance except money. Ms. Zimmerman stated people are coming into town purchasing residential property and have turned it into sober living spaces, not for the purpose of helping people but to make money on them. Ms. Zimmerman urged the Commission to not ignore the discomfort of the regular citizens of Delray and suggested that the Commission move forward and look for solutions. Furthermore, Ms. Zimmerman stated if this ordinance does not pass, she suggested that the City use its own Code of Ordinances and Code Enforcement to ensure that all these facilities have a license and are operating under the proper regulations. George Jahm 220 S.E. l0th Street~ Delray Beach~ expressed opposition to the proposed ordinance in its entirety in particular the inclusion of so called "half-way houses" as substance abuse treatment facilities and their subsequent exclusion from existing in virtually 95 percent of the available rentals in Delray Beach. Mr. Jahn stated sober living provides a safe supportive drug-free environment for adults in recovery who have chosen to live in the semi- structured rental apartments. Mr. Jahn commented about some misinformation in newspaper articles about his facility and stated they have never received any monies from any insurance companies whatsoever and never had anyone leave in the event of a so called "relapse" without making some appropriate destination. Mr. Jahn stated it is important to note that the vast majority of the residents stay for the duration of their leases and have moved to other areas of the community and continue their lives as responsible and contributing members of the community. Hope Ellis~ 2496 Sundy Avenue~ Delray Beach~ representing the Woods of Southridge Homeowners' Associatiom reported that there are currently five sober houses within the 110 home development and stated she has contacted Code Enforcement about the number of cars parked in the street and driveway, the garages that are being rented as bedrooms, and the meetings being held in the homes. Ms. Ellis stated she was informed by Code Enforcement that five unrelated individuals are permitted to live together in a home. Ms. Ellis urged the Commission to look at what can be done and support Code Enforcement. Dawn Jonas~ owner of the Recovery Zone~ 10709 N.W. 7th Street~ Boca Raton, stated she is a recovered addict who stated in her recovery she was taught to reach out -15- 8/20/02 and help the newly recovering addict by setting an example and give them hope. Ms. Jonas stated she and her husband own four businesses in Delray one of which is called the "Recovery Zone" and stated there is a necessity for these kinds of facilities. Ms. Jonas urged the Commission to table this item and give the City of Delray Beach a chance to work through some of the issues. Keith Sinert~ 206 S.E. 1st Avenue~ Delray Beach~ stated he is a proud property owner of the Savoy Condos and commented that he is doing the right thing by getting his life back on track. Mr. Sinert stated everyone needs each other and does not feel he should have to move to another location. Mr. Sinert stated that he has a residential facility that is zoned RM and commented that he shares a driveway with a construction company which he does not feel is right. Ro;~er Boos~ 3655 Lakeview Blvd. Delray Beach and owner of Delray Place located at 220 S.E. l0th Street~ Delray Beach~ stated Sober Living of Delray rents 32 units out of his 51 units and stated he has never had any problem with his tenants. Joanne Genet~ 2459 Southridge Road~ Delray Beach~ stated she understands the sober living homes have done well for people; however, she lives in a residential area. She is concerned for the safety of her child as well as her home and feels sober living homes should be placed in a medically zoned area not in a residential area. Harold Jonas~ owner of the Recovery Zone located at 1079 N.W. 7th Street~ Boca Raton~ stated he has multiple locations and provides housing for thirty-five recovering addicts. Mr. Jonas stated he has been in business since 1995 and wish to continue to be productive proactive property owners. Mr. Jonas continued to state that they work hard to effectively manage their properties and tenants by instilling a sense of community and responsibility. He urged the Commission to table this ordinance and entered into the record the National Directory of Alcohol and Drug Abuse Program for 2001 published by the government which lists over 8,500 facilities from across the country to show that this is a national health epidemic. In addition, Mr. Jonas entered into the record information regarding the Fair Housing Act. Michael Rodri~uez~ Attorney with Sachs~ Sax & Kleim P.A. and represents the Watershed Treatment Facility, stated the patients of the Watershed Treatment Facility are voluntarily admitted and stated it has been expressed that the City of Delray Beach seems to be following along the lines of Boca Raton with regard to trying to eliminate these sober houses. Mr. Rodriguez stated the Boca Raton ordinance is being examined for possible violations of the Fair Housing Act. Mr. Rodriguez stated the elimination of the distinction between residential and non-residential opens the door for possible liability under the ADA Act by discriminating against those recovering addicts who are deemed by creating offices that are to treat them to go through the additional hurdle of a conditional use approval in zones where they are currently permitted. Mr. Rodriguez strongly urged the Commission to table this ordinance or not adopt at all. -16- 8/20/02 Dr. Larry Kirkland, 240 S.E. l0th Street, Delray Beach, stated his area of specialty work is primarily that of new drug research and development treatment and prevention of HIV infection. Dr. Kirkland stated he has taught at the medical school level and at the university school level on infectious disease transmission and how these relate to active drug abuse. Dr. Kirkland urged the Commission to support the existence of half-way houses and the recovery community. Peter Harrigan, 705 S. Linton Boulevard (Palm Gardens), Delray Beach, stated he rents to the Watershed for their residential use and emphasized that they do not provide any treatment on the facility. Mr. Harrigan stated the residents have been excellent tenants and urged the Commission to table this ordinance. Lorraine Jahn, Attorney who represents the Delray Beach Recovery Association (recently formed group of owners of sober houses in Delray Beach), stated under the Federal Fair Housing Administration Act (FFHA) that recovering drug addicts and alcoholics are a disabled group. Ms. Jahn stated that a municipality has an affirmative duty to make reasonable accommodations to afford people with disabilities the same opportunity to housing as those without the disabilities. Ms. Jahn urged the Commission to not adopt Ordinance No. 33- 02. Nicholas Tullo, 738 S.E. 5th Avenue, Delray Beach, stated he was former owner of a duplex which he leased to a person who operated a sober living facility for women. Mr. Tullo stated he spent a lot of time on the property because he did all the maintenance and thus got to know the residents. Mr. Tullo stated the people who manage the facilities are in it because the primary service is part of giving back the benefit of their own sobriety. Mr. Tullo urged the Commission to table the ordinance for further review. Silvia Hastings, 2465 Southridge Road, Delray Beach, expressed concern for the safety of her children and urged the Commission to monitor the problems in the neighborhood. June Phoenix, (unable to obtain address), stated she is a recovering addict for over two years and stated recovery works. Furthermore, Ms. Phoenix stated Palm Gardens and Watershed saved her life and stated she is proud to be a recovering addict. Lawrence O'Kaily, 206 S.E. 1st Avenue, Delray Beach, stated it is a misconception that the sober houses are in it for the money but rather provide a safe environment. Mr. O'Kaily stated he has been a recovered addict for over two years and without the recovery system in Delray Beach many addicts would not have a chance to be productive in life. Mr. O'Kaily stated these people are not the cause of violence in Delray Beach. Mr. O'Kaily urged the Commission to table this ordinance. Bunny Elrod, 302 S.W. 1st Avenue, Delray Beach and President of the Merritt Park Homeowners' Association, stated there is not one of us that does not want to see people have the chance for recovery but as residents of the City of Delray, she feels they have the right to restrict where these places are located. -17- 8/20/02 Norbert Poli, 235 N. Swinton Avenue, Delray Beach and operates Light House at Delra¥ Beach, Inc. (112 S.W. 1st Avenue), commented how they contribute to the tax base in the community and stated the recovering addicts do not equate to more crime and more problems in the neighborhood. Stephen Kennedy, 1401 N.W. 15th Avenue, Unit #8, Boca Raton, stated he is eternally grateful to the City of Delray Beach because in 1985 he was homeless and given an opportunity to recover. Mr. Kennedy stated he has been sober for sixteen years and commented that he feels he was given another chance at life. Gary Guzzo, 330 Harmon Court, Delra¥ Beach, stated he spent nine months in a sober living facility and commented that this ordinance will not touch the people that are doing the wrong thing but will affect the larger organizations that are helping people. There being no one else from the public who wished to address the Commission regarding Ordinance No. 33-02, the public hearing was closed. Mrs. Archer stated Delray Beach has always been receptive to treatment facilities and recovering individuals. Mrs. Archer stated she has no problems with people that are clean and sober and who are in recovery. Mrs. Archer stated these people deserve a safe place to live and commented that a sober house is usually a short-term transient rental. Mrs. Archer stated when the landlord can accept rent from an individual and then without due notice or the refund of any unused rent put that individual out on the street unexpectedly and without resources, she feels that the landlord is taking advantage of the disabled. Mrs. Archer stated these individuals are being taken advantage of by unscrupulous landlords and are left to beg, steal to eat, or become homeless. Therefore, Mrs. Archer stated sober houses need to be regulated and supervised either by the treatment centers or by some association of themselves. Mr. Perlman concurs with comments expressed by Mrs. Archer and stated there is a perception that the Commission is looking to eliminate these facilities but instead the Commission is looking to create a situation that there be peaceful coexistence. Mr. Perlman suggested that they continue this dialogue and commented that he would like to know or hear more about the Police Officer's perspective and statistics on what is happening in the neighborhoods. Ms. McCarthy stated she would like to applaud all the people who spoke this evening about their experiences. Ms. McCarthy stated she believes in equality for all human beings and commented that the issue is for citizens to be able to coexist not only with people that are in the sober houses but also to coexist with the neighborhoods. Ms. McCarthy encouraged these people to work together at finding a solution and help with suggestions in order to make this work. Mr. Levinson stated he feels an appropriate position would be to vote against the ordinance and direct staff to work with the Department of Justice to see if something can be worked out or resolved between the neighborhoods and the sober houses. -18- 8/20/02 Mayor Schmidt stated this is a very difficult issue and commented about some people from the public talking about being good neighbors. Mayor Schmidt stated a comment was made about how the recovery community does attract people to Delray Beach but he feels it needs to be regulated in some way. Mayor Schmidt suggested that the Commission table this ordinance and get together with the Delray Beach Recovery Association and the Department of Justice to see if they can craft some compromise language. Mrs. Archer moved to table Ordinance No. 33-02 and include the citizens that represent the other side, and proceed with bringing the City's current ordinance in line with the State ordinance to conform to State law, 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. 10.C. ORDINANCE NO. 35-02: An ordinance amending the Future Land Use Map (small-scale) from County MR-5 (Medium Residential 5-units per acre) to City LD (Low Density Residential 0-5 du/ac) and annexation with initial zoning of R-l-AAA (Single Family Residential) for the Koeser Residence, located on the west side of Barwick Road, approximately 260 feet north of the L-31 canal (13341 Barwick Road). 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. Quasi-Judicial (as to zoning) Public Hearing The caption of Ordinance No. 35-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND ON THE WEST SIDE OF BARWICK ROAD, APPROXIMATELY 260 FEET NORTH OF THE L-31 CANAL (13341 BARWICK ROAD), AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO THE CITY; REDEFINING THE CITY'S BOUNDARIES TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING LAND USE DESIGNATION OF LD (LOW DENSITY RESIDENTIAL 0-5 DU/AC) FOR SAID LAND TO THE FUTURE LAND USE MAP IN THE CITY'S COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE PLAN AMENDMENTS; PROVIDING FOR ZONING SAID LAND TO R-l-AAA (SINGLE FAMILY RESIDENTIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE (The official copy of Ordinance No. 35-02 is on file in the City Clerk's office.) -19- 8/20/02 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. 35-02 to stand Mr. Dorling is Mayor Schmidt asked if there is anyone who wishes to speak on Ordinance No. and be sworn in by the City Clerk. In addition, Mayor Schmidt commented that still under oath. No one else came forward to be sworn in. Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were noted. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2002-265 & #2002-266 into the record. The 0.88 acre property is currently located in unincorporated Palm Beach County and has an AR (Agricultural Residential) zoning designation. The property is located within the City's Planning Area (Future Annexation Area) and the owner is seeking voluntary annexation at this time. At its meeting of July 15, 2002, the Planning and Zoning Board held a public hearing in conjunction with the requests. There was no public testimony regarding the proposal and after discussion, the Board voted 7-0 to recommend that the requests be approved, based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), and that the property is contiguous, reasonably compact and does not create an enclave; and, that services will be provided to the property in a manner similar to other similar properties within the City. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 35-02, the public hearing was closed. Ms. McCarthy moved to adopt Ordinance No. 35-02 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 34-02: An ordinance amending Chapter 35, "Employee Policies and Benefits" of the City Code of Ordinances by enacting Section 35.056 "Designation of Personnel as Critical to Security". 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 caption of Ordinance No. 34-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE -20- 8/20/02 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. 34-02 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. 34-02, the public hearing was closed. Mr. Perlman moved to adopt Ordinance No. 34-02 on Second and FINAL Reading, 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. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. ll.A. City Manager's response to prior public comments and inquiries. In response to a prior concern expressed about the fireworks around the 4th of July, the City Manager stated Police Chief Schroeder plans to address the topic of fireworks at the September Law Enforcement Planning Council Meeting to determine what support may be gathered from other Chiefs in the County. The City Manager stated the fireworks is a statewide issue and staff feels it is necessary to start at a county-wide level to bring about any lasting change to the problem. The City Manager stated staff will keep Ms. Zimmerman posted as Chief Schroeder continues his efforts in this regard. Secondly, with regard to a concern expressed by Ms. Wright about various traffic issues near her home and her concern about the original flashing light at N.W. 8th Avenue and N.W. 2nd Street being removed, the City Manager stated this flashing light was removed approximately ten years ago and a permanent concrete median was installed and landscaped by the City. The City Manager stated Ms. Wright stated several vehicles obstruct the curb but inspection of the curb did not disclose any damage. The City Manager stated Ms. Wright feels -21- 8/20/02 the light was better and is adamant about this. She also stated she felt N.W. 2nd Street was a speed area and stated vehicles are speeding at all times everyday. The City Manager stated Officer Aronowitz attempted to get specific times for monitoring but Ms. Wright stated "everyday at all times". Ms. Wright stated on occasion some vehicles that are traveling west on N.W. 2nd Street go the wrong way around the concrete median and pose a traffic hazard and cause damage to her property. The City Manager stated in response to her concerns, Ms. Wright was informed she could contact the Engineering Department and inquire why the light was changed and that they could provide her with better documentation for the decision that was made to remove the flashing light. Officer Aronowitz requested that the Streets Maintenance Division place a monitoring device on N.W. 2nd Street between N.W. 7th Avenue and N.W. 9th Avenue and report back on the findings. The City Manager stated upon receiving those findings, the Police Department may deploy the Traffic Task Force or a Mobile Monitor Program. With regard to a concern expressed by Ms. Zimmerman about trash and animal control, the City Manager stated Code Enforcement patrols every neighborhood in the City on a continuous basis. For example, everyday of the week trash set out at curbside at incorrect times is removed from specific neighborhoods. The City Manager stated sanitation officers' routinely check the collection company's performance by marking trash piles to ensure they are collected properly throughout the City. Every month complaints relative to waste collection are evaluated and compared to contractual standards. If complaints or service lapses violate contractual terms then a collection company is fined. With regard to Animal Control, the City Manager stated the City feels the Animal Control Officer does an excellent job supplementing Palm Beach County's Animal Control functions. In the next several weeks, the City Manager stated the Animal Control Officer will monitor loose dogs in several areas throughout the City so that if she finds a problem, she can develop a better plan of action for correcting it. The City Manager stated Palm Beach Animal Care & Control will respond to problems reported to their office by City residents and response time by the County will depend on the nature of the call and priority they assign to it. With regard to a prior complaint about dogs not being on a leash, the City Manager stated neither City of Delray Beach nor Palm Beach County Animal Control ordinances require that dogs be physically restrained or kept in a fenced in yard. The City and the County permit voice control and both prohibit dogs running at large off the owner's property. The City Manager stated specific dogs which are declared dangerous or vicious are subject to much stricter restraints by a Palm Beach County ordinance which is in effect within the City limits. There are entities that have banned pit bulls the nearest of which are located in Miami and Dade County. However, the City Manager stated most local ordinances that were reviewed were temperament specific rather than breed specific. In other words, the City Manager stated upgraded restraint methods are required when dogs of any breed demonstrate certain unacceptable behavior. -22- 8/20/02 11.B. From the Public. ll.B.1. Kenneth Gra¥~ 696 Udell Lane~ Delra¥ Beach~ thanked the Commission and the Police Department for expediting and resolving the situation with regard to the convenience store located in Delray Shores. Secondly, Mr. Gray asked if there will be any bus routes for the new high school via Lake Ida Road to Davis Road. Mr. Gray expressed concern with the Delray Shores area being populated with school buses and asked why the school buses cannot travel via Congress Avenue to the new school versus the buses traveling through residential neighborhoods. Mr. Gray stated the Sudan and Delray Shores neighborhoods are in disagreement with the number of buses that are anticipated to be traveling through their neighborhoods. Mr. Gray stated that there is a proposal for a light to be installed in front of his home at the intersection of Davis Road and Lake Ida Road and he is strongly opposed to this. Mayor Schmidt stated from preliminary discussions he has had with the Palm Beach County School District staff, although it is not in the immediate plan, the site plan was laid out for the potential that in the future there can be access off Congress Avenue. The City Manager stated one of the advantages of moving the school is the school in its existing site has approximately 800 students within a two mile radius and there are approximately 2,000 or more students that qualify to be bused. However, the City Manager stated in the location that is proposed, there are over 2,000 students who live within the two mile radius and thus very few students would qualify for busing. Furthermore, the City Manager stated all the buses will come in via Davis Road and all the students will be entering through the main school entrance via Atlantic Avenue. The City Manager commented that the buses to the high school will travel via Davis Road from Lake Ida Road. The City Manager stated there should be very few buses traveling this road because there are approximately 2,000 within a two mile radius. Mayor Schmidt stated the number of buses will be substantially reduced and commented that the City will get with the Palm Beach County School District staff to see if they can provide an estimate as to the number of buses that will be traveling this route based on the current population. ll.B.2. Charlotte Wright~ 802 N.W. 2nd Street~ Delra¥ Beach~ stated she did not understand the City Manager's response to her prior concern with regard to the curb and her request for the Police Department to come out and observe. The City Manager reiterated that the Police Officer reported that he could not find any evidence of people running into the curb and informed Ms. Wright that he would be notifying her in writing. Secondly, Ms. Wright commented about the bus stop on N.W. 10th Avenue near Pompey Park (located at 1101 N.W. 2nd Street) and noted when the children are late they run down the street to catch the bus. Ms. Wright stated she feels this exposes the children to a dangerous situation and expressed concern for their safety. -23- 8/20/02 ll.B.3. Tommy Stevens, Executive Director of the Roots Cultural Festival, commented that the Roots Cultural Festival, Inc. completed its 25th year and stated it was very successful. Mr. Stevens stated this year because of the festival being moved to Old School Square there was some opposition. He noted that the attendance dropped slightly but is hopeful the attendance will increase. Furthermore, Mr. Stevens stated the Roots Cultural Festival, Inc. is celebrating the African-American culture but would like to celebrate with the entire City in hopes to break down the barriers of being referred to as the "neighborhood festival". ll.B.4. Elizabeth Wesley, 309 Lincoln Lane, Delray Beach and Program Coordinator for the Roots Cultural Festival, thanked the Commission for their support of the Roots Cultural Festival, Inc. and commented that the three day event originally began in the park but has since been moved to Old School Square. Ms. Wesley commented that Dwight Lauderdale from Channel 10 has called the Roots Cultural Festival, Inc. "the premiere African- American Cultural Organization in South Florida" and stated she is very proud of this. Ms. Wesley presented the Commission with a commemorative poster and stated the City of Delray Beach will be the owner of one of twenty commemorative posters. ll.B.5. Gloria Elliott, 345 S. Swinton Avenue, Delray Beach, expressed concern over the need for a bus shelter and stated on South Swinton Avenue at S.E. 10th Street there is a large parcel of land which she feels would be ideal for a bus shelter. The City Manager commented that the Metropolitan Planning Organization (MPG) has this in the capital budget for next year and money to match their money for bus shelters. Mrs. Archer stated when the MPG meets in September she hopes there will be a deluge of applications. ll.B.6. Alice Finst, 707 Place Tavant, commented that she feels something is wrong with the sound system because it is very difficult to hear what the Commission is saying. Secondly, Mrs. Finst commented about the school buses going through Delray Shores and stated she is trying to understand the transfer of students who will be attending the new school. Mrs. Finst expressed concern over the number of children who will be walking from their homes over the railroad tracks past 1-95 and crossing the intersection at Congress Avenue and Atlantic Avenue. Mrs. Finst stated she would like to know if the City has a plan to protect the children who will be walking from their homes into this new area where the high school will be located. Mayor Schmidt commented that this is one of the requirements to address in the Interlocal Agreement. As Commissioner Levinson stated, Mayor Schmidt stated the City is not suggesting that there are going to be 2,000 students walking to the school but rather that 2,000 students would not be eligible to be bused. 13. Comments and Inquiries on Non-A~enda Items. 13.A. City Manager. -24- 8/20/02 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 Archer Mrs. Archer stated she had the pleasure of attending the Roots Cultural Festival only on the opening night. Mrs. Archer stated she enjoyed the new venue and commented that the new location was terrific. Mrs. Archer stated that the Roots Cultural Festival also fell on her birthday weekend and commented she shares the same birthday as Ms. McCarthy. Therefore, Mrs. Archer stated she was not able to attend the festival on Saturday and Sunday for this reason. Secondly, Mrs. Archer stated she had the opportunity to attend the Florida League of Cities Meeting and feels it was a very good event. Furthermore, Mrs. Archer stated there was some good networking and hopes the City will continue to participate in it. 13.C.2. Commissioner Perlman Mr. Perlman congratulated the Roots Cultural Festival and commented that he attended the parade and prayer breakfast. Mr. Perlman stated both the parade and prayer breakfast were outstanding. Secondly, Mr. Perlman commended Marjorie Ferrer and Robert Barcinski for coordinating the bus tour for the Florida League of Cities. Mr. Perlman stated he was downtown Friday evening attending Summer Nights on the Avenue and ran into a number of people from the convention. Mr. Perlman stated these people saw Delray during the day and returned in the evening. Lastly, Mr. Perlman stated the American Planning Association has awarded the City of Delray Beach an excellence award for the Downtown Master Plan. Mr. Perlman stated he is very proud of this award and commended staff for their hard work. 13.C.3. Mayor Schmidt Mayor Schmidt had no comments or inquiries on non-agenda items. 13.C.4. Commissioner McCarthy Ms. McCarthy stated she was disappointed that the Roots Cultural Festival happen to be scheduled on her birthday weekend so therefore she was not able to attend. -25- 8/20/02 Secondly, Ms. McCarthy announced that Pineapple Grove is attempting to get in touch with the Commission to see if they would like to participate in the Bed Race Parade. Ms. McCarthy stated the Commission is being asked to meet ahead of time at 5:00 p.m. and meet by the water tower at 6:00 p.m. which is the actual time of the parade. Lastly, Ms. McCarthy stated she too attended the Florida League of Cities Meeting and commented about another organization meeting in Fort Lauderdale called the National Forum for Black Public Administrators (NFBPA). Ms. McCarthy continued to state that the NFBPA are meeting with representatives from our Local Chapter about having a bus tour to bring people who visit here to come up to Delray. Ms. McCarthy stated she will have more information at a later date for the business people in Delray. 13.C.5. Commissioner Levinson Mr. Levinson commended the City Manager who was named the best City Manager in Palm Beach County. Secondly, Mr. Levinson stated there was some conversation about the appearance of the Long Horn Steak House building. Mr. Levinson continued to state that he drives past this restaurant everyday and feels the building looks spectacular. Mr. Levinson stated he was on the website for the Florida League of Cities and commented that Delray Beach does not have a link to this website. Mr. Levinson suggested that perhaps the MIS Department could go through other appropriate places such as the County, State, and others to make sure the City of Delray Beach is linked to its new address. Mr. Levinson commented about the letter the Commission received from Captain Dane Mark and stated he is not interested in Mr. Mark's proposal. Lastly, with regard to the Roots Cultural Festival, Mr. Levinson commended Tommy Stevens and Ms. Wesley and feels they are understated in the recognition that they deserve. Mr. Levinson stated both Mr. Stevens and Ms. Wesley were put into a very difficult position by making both the change of venue and the charge for admission. Furthermore, Mr. Levinson feels this was well received by those who were there and by those who complained and did not attend, he feels they were the ones who lost out. Mr. Levinson stated that the crowd was largely integrated and commented that the venue for the sound and the stage was spectacular. Mr. Levinson stated although Friday evening the crowd was not as large as they probably would have liked, the attendance on Saturday and Sunday was good. Mr. Levinson feels Mr. Stevens and Ms. Wesley took a chance and is proud to say he feels it was the right thing to do. at 9:30 p.m. There being no further business, Mayor Schmidt declared the meeting adjourned -26- 8/20/02 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 August 20, 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. -27- 8/20/02 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 August 20, 2002, which Minutes were r'~~' formally approved and adopted by the City Commission on J. 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 aRer review and approval which may involve some amendments, additions or deletions to the Minutes as set forth above. -27- 8/20/02