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11-05-02NOVEMBER 5, 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, November 5, 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 Susan A. Ruby, City Attorney Barbara Garito, City Clerk 2. The opening prayer was delivered by Reverend Dan Casselberry with Cason Methodist Church. The Pledge of Allegiance to the flag of the United States of America was given. o AGENDA APPROVAL. For the benefit of the public, Mayor Schmidt announced that the applicant has requested postponement of Item 9.A., Appeal of Historic Preservation Board Decision. Mr. Levinson moved to approve the Agenda, 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: Mr. Perlman moved to approve the Minutes of the Regular Meeting of October 15, 2002, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. Ms. McCarthy moved to approve the Minutes of the Special Meeting of October 28, 2002, 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. 6. PROCLAMATIONS: 6.A. Commending Detective John Young - Delray Beach Police Department. Mayor Schmidt read and presented a proclamation hereby recognizing and commending Detective John Young for his superior effort and achievements in the area of crimes against children Law Enforcement and prevention. Detective John Young came forward to accept the proclamation. 6.g. Commending MAD DADS Street Patrol. Mayor Schmidt read and presented a proclamation hereby recognizing and commending the MAD DADS Street Patrol and called upon all present to acknowledge their tremendous, on-going efforts to provide a sense of security and harmony in our communities. Marilyn Alford and A1 Williams came forward to accept the MAD DADS Street Patrol proclamation. 6.C. Harbour's Edge - Gold Seal Award. Mayor Schmidt read a proclamation hereby recognizing and commending Harbour's Edge on this high level of recognition granted by Governor Bush. Kimberly Dominy, Executive Director, and Linda Haapala, Director of Nursing came forward to accept the Harbour's Edge proclamation. 6.9. Beth Daniel Day - November 18~ 2002. Mayor Schmidt noted the proclamation hereby proclaiming November 18, 2002, as Beth Daniel Day be mailed. On behalf of Beth Daniel, Sandra Ericksson, Director of Golf, came forward to accept the proclamation. PRESENTATIONS: 7.A. Recognizing and welcoming our Student Exchange Delegation from our Sister City~ Miyazu~ Japan. Mayor Schmidt read a proclamation recognizing and welcoming our Student Exchange Delegation from our Sister City Miyazu, Japan. The Miyazu Delegation and Host Families came forward to accept the proclamation. Charlotte Durante, Chairperson of the Sister Cities Committee, introduced three of the students selected to travel to Miyazu, Japan next June. These students presented Mayor Schmidt with a desk pen set in appreciation for getting the Student Exchange Delegation Program started. -2- 11/05/02 7.B. Old School Square - Joe Gillie. Joe Gillie, Executive Director of Old School Square stated that Old School Square is a National Historic Site and is known as one of the most beautiful cultural facilities in the United States. Mr. Gillie thanked and commended Robert Barcinski, Assistant City Manager/Board Liaison to Old School Square, Joe Weldon, Director of Parks and Recreation, and the Commission for their continuing support. Mr. Gillie explained that Frances Bourque was very instrumental in making Old School Square what it is today. In 1998, Old School Square was incorporated and the Task Force was challenged with the idea of creating something to help turn the community around. In 1985 up to 1988 there was a Decade of Excellence Bond to do some infrastructure and help do some street repairs and beautification projects. Mr. Gillie stated Old School Square and the Bond Referendum received $2.1 million. With that money, Mr. Gillie stated exterior renovations were done and infrastructure. Mr. Gillie stated it took approximately ten years to restore the interior of Old School Square and noted an additional $5 million was raised to restore the interior of Old School Square. Mr. Gillie stated most recently they raised $1.8 million and with the City's help opened up a new pavilion. Mr. Gillie recognized George and Harriet Cornell who were the first donors that made a contribution to Old School Square and thus is the reason the museum at Old School Square is named the Cornell Museum. In 1991, the gymnasium opened and is now a gathering place for the community and is used for host numerous events such as birthdays, weddings, etc. In 1993, Mr. Gillie stated the theatre opened. Mr. Gillie stated the newest facility added to Old School Square is the pavilion. In summary, Mr. Gillie thanked the City for its continued support and stated he is proud of what has been accomplished at Old School Square and hopes to continue working together for the betterment of the arts in Delray Beach. 7.C. Economic Impact/Bad Boys II Filming - Chuck Elderd~ Palm Beach County Film Commission. Chuck Elderd, Palm Beach County Film Executive Director, gave a brief report regarding the Bad Boys I! production revenue estimates. This information was collected by Maria Chavez, Location Manager for Bad Boys I! and has been documented by the FTC for official production activity reports. The economic impact for the entire South Florida Region is estimated at $30 million. 7.9. La Paloma Homeowners' Association - Janie Ramirez. Janie Ramirez, representing the La Paloma Homeowners' Association, stated the association was formed in 1999 and one goal was to have their streets paved. Mrs. Ramirez reported that half a block still needs to be paved although she is happy to see that most of the streets in her neighborhood have been paved. -3- 11/05/02 Mrs. Ramirez stated some of the goals of the La Paloma Homeowners' Association are to get street lights, sidewalks, and homeowners' to attend the meetings. One of their biggest goals was to bring the Mexican culture to Delray Beach which they did. Mrs. Ramirez thanked the Joint Venture, the City of Delray Beach, and MAD DADS Street Patrol for their support with the Cinco de Mayo Festival. Mrs. Ramirez stated that her husband participates in the SW/NW Management Team and the SW Neighborhood Plan. Mrs. Ramirez asked the Commission to give her neighborhood signage so La Paloma Homeowners' Association can be acknowledged. Lastly, Mrs. Ramirez stated a future goal of the association is that they would like to work towards getting their own cultural center. Mrs. Ramirez stated she is looking forward to working with the City to address these upcoming challenges and future goals. Mayor Schmidt thanked Mrs. Ramirez for all her hard work. CONSENT AGENDA: City Manager Recommends Approval. 8oAo RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their Quarter Annual Meeting of October 17, 2002. 8.B. FINAL SUBDIVISION PLAT APPROVAL/THE LEGACY: Approve the subdivision plat for the Legacy at Sherwood Forest, located on the south side of Atlantic Avenue; on the east and west side of Sherwood Forest Drive. 8oCo FINAL SUBDIVISION PLAT APPROVAL/SWINTON GARDENS: Approve the subdivision plat for Swinton Gardens, located on the northwest corner of S.W. l0th Street and Swinton Avenue. 8.D. FINAL SUBDIVISION PLAT APPROVAL/OCEAN BREEZES: Approve the subdivision plat for Ocean Breezes, located on the east side of A-1-A and north of Linton Boulevard. 8.E. RESOLUTION NO. 86-02: Approve Resolution No. 86-02 abandoning right- of-way for the 60 feet wide north extension of N.W. 23rd Avenue (originally platted as S.W. 23rd Avenue), lying north of West Atlantic Avenue, approximately 120 feet west of the LWDD E-4 Canal within the Replat of Breezy Ridge Estates Subdivision. The caption of Resolution No. 86-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA VACATING AND ABANDONING A 60-FOOT WIDE NORTHERLY EXTENSION OF N.W. 23RD AVENUE (PLATTED AS S.W. 23RD AVENUE), LOCATED WITHIN THE REPLAT OF BREEZY -4- 11/05/02 8oFo RIDGE ESTATES (PLAT BOOK 24, PAGE 116), AS MORE PARTICULARLY DESCRIBED BY EXHIBIT "A". (The official copy of Resolution No. 86-02 is on file in the City Clerk's office.) RESOLUTION NO. 87-02/ABANDONMENT AND ACCEPTANCE OF UTILITY EASEMENTS: Approve Resolution No. 87-02 abandoning a portion of a 6 foot wide utility easement, lying within Lot 8, and Lot 35, Block 2 of Southridge and acceptance of a 10 foot wide utility easement, located along the west side of Lot 35, the front of Lots 35 through 40, and the east side of Lot 40, Block 2 of Southridge. The caption of Resolution No. 87-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A 6-FOOT WIDE UTILITY EASEMENT LYING WITHIN A PORTION OF LOT 8 AND LOT 35, BLOCK 2, PLAT 1 OF 2, SOUTHRIDGE (PB 13, PG 38), AS MORE PARTICULARLY DESCRIBED HEREIN. (The official copy of Resolution No. 87-02 is on file in the City Clerk's office.) 8.G. RESOLUTION NO. 89-02: Approve Resolution No. 89-02 supporting the Florida Department of Transportation and its affiliated regional transportation agencies (RTO/RTA) to recommend strategic investment in the FEC Corridor area to expand local and regional passenger service to meet the growing transit needs and compliment freight industry growth in the Southeast Florida area. The caption of Resolution No. 89-02 is as follows: A RESOLUTION OF THE CITY OF DELRAY BEACH, FLORIDA, IN SUPPORT OF THE FLORIDA DEPARTMENT OF TRANSPORTATION AND ITS AFFILIATED REGIONAL TRANSPORTATION AGENCIES (RTO/RTA) TO RECOMMEND STRATEGIC INVESTMENT IN THE FEC CORRIDOR AREA TO EXPAND LOCAL AND REGIONAL PASSENGER SERVICE IN THESE CORRIDORS TO MEET THE GROWING TRANSIT NEEDS AND COMPLIMENT FREIGHT 1NDUSTRY GROWTH IN THE SOUTHEAST FLORIDA AREA; AND PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 89-02 is on file in the City Clerk's office.) 8.H. ACCEPTANCE OF A RIGHT-OF-WAY DEED/VINTAGE ROSE: Approve and accept a 5 foot right-of-way deed for the west side ofN.E. 1st Avenue associated with the -5- 11/05/02 Vintage Rose, located at the northwest corner ofN.E. 1st Avenue and N.E. 1st Street across from Old School Square. g.I. ACCEPTANCE OF A RIGHT-OF-WAY DEED/RUB-A-DUB CAR WASH: Approve and accept a right-of-way deed associated with Rub-A-Dub Car Wash, located at the southwest corner of S.E. 5th Avenue and S.E. 7th Street. g.J. SERVICE AUTHORIZATION NO. 15/MATHEWS CONSULTING, INC.: Approve Service Authorization No. 15 to Mathews Consulting, Inc. in the amount of $23,157.00 for consulting services for the rehabilitation of Lift Stations #19, #57, and #80. Funding is available from 442-5178-536-61.83 (Lift Station Conversion/Submersible). 8.K. SERVICE AUTHORIZATION NO. 9/CH2M HILL, INC.: Approve Service Authorization No. 9 in the amount of $27,970.00 to CH2M HILL, Inc. for professional services for consumptive water use permitting and ground water modeling. Funding is available from 442-5178-536-31.30 (Engineering/Architectural). 8.L. PURCHASE OF NETDELIVERY SOFTWARE: Approve the purchase of the NETdelivery software in the amount of $49,750.00 for the Delray Beach Police Department for preparation and electronic transmission of police reports. Funding is available from 115-2112- 521-66.10 (Software). 8omo RATIFICATION OF THE MEMORANDUM OF UNDERSTANDING/PROFESSIONAL FIREFIGHTERS AND PARAMEDICS, LOCAL 1842 IAFF: Firefighters Agreement. 8oNo Approve and ratify the Memorandum of Understanding with the Professional and Paramedics of Delray Beach, Local 1842 IAFF, Collective Bargaining RATIFICATION OF THE MEMORANDUM OF UNDERSTANDING/NATIONAL CONFERENCE OF FIREMEN & OILERS (NCF&O), LOCAL 1227: Approve and ratify the Memorandum of Understanding with the National Conference of Firemen and Oilers (NCF&O), Local 1227, Collective Bargaining Agreement. 8oOo RATIFICATION OF THE MEMORANDUM OF UNDERSTANDING/POLICE BENEVOLENT ASSOCIATION: Approve and ratify the Memorandum of Understanding with the Police Benevolent Association Collective Bargaining Agreement. 8.P. PROJECT AGREEMENT/F.I.N.D: Approve an agreement between the City of Delray Beach and the Florida Inland Navigational District (F1ND) for the construction of two (2) seawall parks at the intersection of the Intracoastal Waterway with S.E. 3rd Street and N.E. 4th Street, featuring a 50' seawall, signage, bench and garbage can along with informal, non-boat access to the Intracoastal Waterway. 8.Q. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Approve and endorse the Art & Jazz on the Avenue scheduled for December 12, 2002 from 6:00 p.m. to 10:00 p.m., granting a temporary use permit per LDR Section 2.4.6(H) for the closure of Atlantic -6- 11/05/02 Avenue from Swinton to N.E. 7th Avenue, the south side of Atlantic Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic Avenue to N.E. 1st Street, N.E. 2nd Avenue from Atlantic Avenue to N.E. 2nd Street, and authorize staff support for security and traffic control, banner hanging and removal, barricade set-up/removal, trash removal and clean up, and use/set-up of City stages. 8.R. MOTION TO STAY/ORDINANCE NO. 13-02(A): Approve continuance of the Motion to Stay request regarding the second reading of Ordinance No. 13-02(A). 8.S. RATIFICATION OF APPOINTMENT OF VICE-CHAIR OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD: Ratify the appointment of Kevin McCarty as Vice-Chair of the Community Redevelopment Agency Board. 8.T. CHRIS EVERT PRO-CELEBRITY TENNIS CLASSIC: Approve an agreement between the City of Delray Beach and Chris Evert Charities, Inc. for the Chris Evert Pro-Celebrity Tennis Classic to be held at the Tennis Center on November 22-24, 2002. 8.U. SERVICE AUTHORIZATION NO. 5/LAWSON, NOBLE & WEBB, INC.: Approve Service Authorization No. 5 to Lawson, Noble & Webb, Inc. in the amount of $74,632.59 for design and construction documents for sidewalks. Funding is available from 334- 3162-541-65.61 (Downtown Pedestrian Network). 8oVo TENNIS CENTER CONSULTING AGREEMENT/JCD SPORTS GROUP, INC.: Approve a consulting agreement with JCD Sports Group, Inc. in the amount of $18,000.00 for the period of December 1, 2002 through November 30, 2003. Funding is available from 001-4210-575-34.90 (Tennis Center Special Events/Other Contractual Services). 8.W. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB- RECIPIENT FUNDING AGREEMENTS: Approve and authorize the execution of funding agreements with two (2) subrecipients (The Center for Technology, Enterprise and Development, Inc. and the Delray Beach Community Development Corporation, Inc.) under the Community Development Block Grant (CDBG) program for FY 2002, with the total funding in the amount of $75,000.00 from the City's CDBG fund. 8oXo LETTER OF COMMITMENT/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT): Approve a request from the Florida Department of Transportation (FDOT) for a letter of commitment from the City of Delray Beach for landscape maintenance of plant materials along A-i-A, between Linton Boulevard and George Bush Boulevard. 8oYo DONATION/COMMUNITY NEIGHBORHOOD HELPING, INC.: Approve the donation of the used Police Department DARE van to Community Neighborhood Helping, Inc. 8oZo CANCELLATION OF CONTRACT/LOXAHATCHEE TRACTOR SERVICE, INC.: Approve cancellation of contract with Loxahatchee Tractor Service, Inc. for lot clearing and mowing for Code Enforcement and authorize staff to re-bid contract. -7- 11/05/02 8.AA. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period October 14, 2002 through November 1, 2002. 8.B.B. AWARD OF BIDS AND CONTRACTS: 1_ Purchase award to DGG Taser Company in the amount of $19,369.00 for the purchase of twenty (20) additional M-26 Advanced Air Tasers for the Police Department. Funding is available from 115-2112-521-49.90 (Federal Asset Forfeiture Account). 2_ Purchase award to Caswell Detroit Armor in the amount of $30,950.00 for the purchase of a new range targeting computer system for the Police Department. Funding is available from 115-2112-521-64.90 (Federal Asset Forfeiture Account). 3_ Contract award to U.S. Filter Distribution Group in the amount of $38,569.22 for the purchase of required materials to connect the new force main to the existing system. Funding is available from 441-5181-536- 63.74 (Water/Sewer Fund/Intracoastal Sewer Crossing). 4_ Purchase award to Monroe Infrared Technology in the amount of $21,495.00 for the purchase of a Thermal Imaging camera. Funding is available from 441-5143-536-64.90 (Other Machinery/Equipment). 5_ Purchase award to Maroone Dodge in the amount of $15,862.00 via the Florida Sheriff's Association and Florida Association of Counties Bid #4 for the purchase of a 2003 Dodge Intrepid police vehicle. Funding is available from 501-3312-591-64.20 (Vehicle Replacement Fund). Mrs. Archer moved to approve the Consent Agenda, 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. REGULAR AGENDA: 9.A. APPEAL OF HISTORIC PRESERVATION BOARD DECISION: Consider an appeal of a decision of the Historic Preservation Board's action regarding the existing accessory structure located at 610 North Ocean Boulevard (Fontaine Fox House). (Quasi- Judicial Hearing) - Request for postponement received Mr. Levinson moved to postpone the appeal of the Historic Preservation Board decision to a date certain of November 19, 2002, 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. DELRAY BEACH LIBRARY/INTERLOCAL AGREEMENT: Consider approval of an interlocal agreement between City of Delray Beach, Community Redevelopment Agency (CRA), Delray Beach Public Library Association, Inc. and Palm Beach County for -8- 11/05/02 shared parking regarding the relocation of the library. The City Attorney stated the County plans to expand the courthouse in three phases. One of those phases is the construction of parking which will benefit the library and the City will be able to use it from time to time as well. The CRA will pay $334,000 and the City will pay $200,000 so that the construction is done in a manner that makes future expansion possible. The term of the agreement is for thirty (30) years and may be renewed for two additional thirty year terms. Mrs. Archer asked for clarification with regard to Item #2 in the City Attorney's Mr. Levinson moved to approve the Interlocal Agreement between the City of Delray Beach, the CRA, Delray Beach Public Library Association, Inc. and Palm Beach County for shared parking regarding the relocation of the library, 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. At this point, the City Manager asked Audrey Wolf, Director of Palm Beach County Facilities Development & Operations, about the current construction schedule. In response, Ms. Wolf stated they hope to have the parking garage finished by the end of 2003 and construction of the courthouse should start shortly after that. The construction period is approximately 12-14 months for the new addition and then the existing courthouse will be renovated as well. The City Manager asked what the present expected start date for the parking garage construction will be. In response, Ms. Wolf stated she is hoping the present expected start date for the parking garage will be the beginning of the year. 9.C. REQUEST FOR FUNDING/PERFECT RESULTS~ INC.: Consider a request from Perfect Results, Inc. for financial support in the amount of $10,000.00 for the C. Spencer Pompey Tribute Video. The City Manager stated he recommends that the Commission delay this item to the Regular City Commission Meeting of November 19, 2002. Mr. Perlman moved to approve to delay this item until the Regular City Commission Meeting of November 19, 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. 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. MASTER DEVELOPMENT PLAN: Consider selection of a developer for 54 acres of City owned properties between Barwick Road and Military Trail. The City received proposals from Centex Homes - Southeast Florida Division (Submittal A), Lennar Communities -9- 11/05/02 of South Florida, Inc., Continental Homes of Florida, Inc., and Westbrooke Companies, Inc. Prior to consideration of passage of this item, a public hearing has been scheduled to be held at this time. Mayor Schmidt announced this item is regarding the Master Development Plan for the development of 54 acres of City owned properties between Barwick Road and Military Trail. Mayor Schmidt stated a Special Meeting was held last Wednesday for presentations by all of the companies that have made proposals and therefore these companies will not be making presentations this evening. Mayor Schmidt stated the purpose of tonight's meeting is to get public input and then if there are questions for the development groups that arise either from the public comments or questions from the Commission they are here to answer those. Furthermore, Mayor Schmidt stated the intent is that the Commission will select one of the proposals this evening. Mayor Schmidt declared the public hearing open. Gerry Franciosa~ 939 Eve Street~ Delra¥ Beach~ stated he attended the committee meetings and concurs with the committee for Westbrooke Companies, Inc. Mr. Franciosa stated he reviewed the proposal and noted that Westbrooke Companies, Inc. has met almost all the recommendations in the RFP. John Bennett~ President of Progressive Residents of Delra¥ (PROD)~ stated PROD does not have any specific recommendation. However, Mr. Bennett stated PROD has two concerns. Mr. Bennett stated one concern is the traffic flow and noted some of the proposals include gates. Mr. Bennett stated even if the gates are taken away it still operates much like a gated community and therefore dumps all the traffic onto Military Trail. Mr. Bennett stated another concern of PROD is the proposal for the special taxing district. Chris Stasinos~ 3937 Lowson Boulevard~ Delra¥ Beach (corner of Lowson Blvd. & Military Trail), stated he reviewed a few of the proposals and feels the proposal with the park from Continental Homes is the best layout for the park that abuts Military Trail and is well laid out. Alice Finst~ 707 Place Tavant~ Delra¥ Beach~ representing the Board of Directors of the Homeowners' League of Chatelaine, expressed concern with the size of the project and stated this project will put additional traffic onto Barwick Road and will also put a large number of children into the school. Mrs. Finst stated the Homeowners' League of Chatelaine hopes that the Commission will look at the school and what will happen to it with the large influx of population. Speaking as a resident, Mrs. Finst expressed concerns about what is being included in the RFP. Mrs. Finst stated her first concern is that she feels the process has been done backwards and that the community as a whole should have spoken at the beginning about what is going on that parcel of land. Mrs. Finst expressed particular concern with the size of the lots and the size of the homes. Mrs. Finst inquired why the committee members did not include the neighbors to the immediate south (Country Manors). Furthermore, Mrs. Finst stated she questions the whole process as to whether or not it will really be affordable. Mrs. Finst urged the -10- 11/05/02 Commission to look into her concerns and what this will be doing to the adjacent school before considering the final vote on these projects. Charlotte Wri~ht~ 802 N.W. 2na Street~ Delra¥ Beach~ expressed concern with the City redeveloping the downtown area and asked the City to help the West side of the City as well. Ms. Wright expressed concern over the speeding along her street and urged the City to clean up her neighborhood and provide more places for people in the community to go. At this point, Mayor Schmidt reminded the public that this is the time for addressing the Commission regarding Item 10.A. and is not the time for comments on non- agenda items. Don Kleim 4552 N. Barwick Ranch Circle (Barwick Estates)~ Delray Beach~ discussed some concerns expressed by residents of Barwick Estates. Mr. Klein stated one concern of the community is the access from Barwick Road and noted that there is a tremendous amount of congestion in that area especially in the morning due to the school. Secondly, Mr. Klein stated the second concern is the park access and the last concern of his community is there is a plan for zero lot line homes backing up to what would be considered normal single family lot homes. Mr. Klein continued to state that there are approximately eight homes in their community which actually back up to that area. Frank Masom 13387 Barwick Road~ Delra¥ Beach~ stated his property is the first property immediately south of Barwick Estates that has approximately 400 feet that border 133r°Road. Mr. Mason stated he has a very big interest in what happens with access to that property. Mr. Mason stated this road is currently used by very large lawn equipment and semi trucks that pull cranes and have a difficult time getting on and off Barwick Road onto that road. Mr. Mason stated the road is not currently wide enough for two vehicles to pass side-by-side. One vehicle has to stop on the edge of the road and allow another vehicle to pass. Mr. Mason stated the traffic is currently a problem in this area and stated approximately 90 homes are going in Sabal Lakes Phase IV which will also feed onto Barwick Road. Mr. Mason urged the Commission to consider the access issues as they make their decisions. There being no one else from the public who wished to address the Commission, the public hearing was closed. Mr. Perlman stated the RFP Review Team ranked Westbrooke #1 and there were a lot of concerns about the financing with the district. Mr. Perlman continued to state that he would like to choose what he feels is the best plan and then begin negotiations with whoever gets chosen and work on some of those issues. The City Attorney stated the selection then would be subject to an appropriate contract being negotiated and the contract would have to be acceptable to the Commission including financing if that is the Community Development District (CDD) issue. Mr. Levinson suggested that if the Commission ranks the developers number 1-4 (with 1 being the highest) and are unsuccessful in negotiating an appropriate contract with #1, then he recommends that the Commission move to #2. -11- 11/05/02 Mr. Perlman expressed concern with price and design and feels this is an incredible opportunity to create a neighborhood that is going to be a credit to the City for decades to come. Mrs. Archer expressed concerns over the public access to the park and she feels it is very important that the City have a park that the public is aware of the fact that there is access available and that they feel welcome to go there. Mayor Schmidt stated it was his understanding that Mr. Handler represented that if it was the Commission's desire to have them move forward without the CDD they were prepared to offer the City the same amount of money without the CDD. Mr. Handler stated they are prepared to move forward without the CDD at the same purchase price for the land. Mayor Schmidt stated he does not support the idea of the CDD in any of the proposals. Mr. Levinson stated if the CDD idea is removed then the committee might certainly need to reconsider its points of allocation based on the price of the homes. Mr. Levinson continued to state that this may have an affect on the outcome of the ranking. Ms. McCarthy asked for clarification that if the Westbrooke Homes was in the #1 position without the CDD being in place, would it still meet the criteria (the affordable housing) and would it start at the level that the Commission would want it to. Furthermore, Ms. McCarthy stated they may not been able to evaluate the cost of each home. However, they received points based on the price range and therefore asked if the price range of homes will remain the same as what came in the RFP? Mr. Dorling stated when the committee ranked the proposals they looked at whether they met the price range of $140,000-$200,000 and noted that this one clearly met the criteria ($165,000). If the CDD is not in place and there is an $8,000 difference this would be $173,000 a home and would still be within the range. Therefore, Mr. Dorling stated the points would not have changed. At this point, Mayor Schmidt suggested that the Commission rank the developers from #1-#4 and whoever gets the lowest number of points is going to be the #1 developer. Mayor $chmidt stated if the #1 company should happen to be Westbrooke then the Commission can discuss whether or not to proceed with the CDD. Mayor Schmidt stated in order of ranking Continental Homes of Florida, Inc. has a total of 8 points, Westbrooke Companies, Inc. with a total of 9 points, Lennar Communities of South Florida, Inc. with a total of 14 points, and Centex Homes with a total of 19 points. Prior to the vote, Mr. Perlman stated he would like to amend the motion to state if things do not work out with Continental Homes of Florida, Inc. (#1) he would like the Commission to select the company ranked #2 (Westbrooke) and negotiate the impact on the home price. -12- 11/05/02 Mr. Levinson moved to approve the ranking by the four developers who responded to the RFP for the Master Development Plan for 54 acres of City owned properties as stated by Mayor Schmidt and that if things do not work out with Continental Homes of Florida, Inc. that the Commission select the company ranked #2 (Westbrooke) and consider the CDD and see what impact it has on the home price without the CDD, 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. 10.B. RESOL[ITION NO. 85-02: Consider approval of Resolution No. 85-02 authorizing the City to purchase property lying within the LWDD L-33 Canal in an amount not to exceed $30,000.00, and providing an easement on the south side of the LWDD L-33 Canal. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The caption of Resolution No. 85-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER, THE LAKE WORTH DRAINAGE DISTRICT, CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, GENERALLY DESCRIBED AS APPROXIMATELY 35 FEET NORTH OF THE L-33 CANAL LYING IN A PORTION OF SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST AND LYING WITH THE LAKE WORTH DRAINAGE DISTRICT CANAL AS MORE PARTICULARLY DESCRIBED HEREIN; HEREBY INCORPORATING AND ACCEPTING THE LETTER AGREEMENT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE CITY OF DELRAY BEACH, FLORIDA, AND THE LAKE WORTH DRAINAGE DISTRICT AND AUTHORIZING THE CONVEYANCE OF AN EASEMENT TO THE LAKE WORTH DRAINAGE DISTRICT OF LAND IS GENERALLY DESCRIBED AS THE PROPERTY 40 FEET SOUTH OF THE L-33 CANAL AND AS MORE PARTICULARLY DESCRIBED IN ACCORDANCE WITH THE TERMS SET FORTH HEREIN. (The official copy of Resolution No. 85-02 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. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 85-02, the public hearing was closed. -13- 11/05/02 Mr. Levinson moved to approve Resolution No. 85-02, 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. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items. ll.A. City Manager's response to prior public comments and inquiries. The City Manager had no response to prior public comments and inquiries. 11.B. From the Public. ll.B.1. Jill Denio~ 308 Coral Trace Court~ Delray Beach~ expressed concern over there being two parks located around Barwick Road and inquired as to what the need is for these parks. In response, Mayor Schmidt stated the need for another neighborhood park was identified in the Parks Master Plan for that area. Ms. Denio stated the second park located on Barwick Road should also be accessible to the public. ll.B.2. John Bennett~ 137 Seabreeze Avenue~ Delray Beach~ stated he has been asked by the American Legion Post #65 and V.F.W. Post #188 to distribute invitations for two Veteran's Day events. Mr. Bennett stated a ceremony will be held on Monday, November 11, 2002, at 9:30 a.m. at the Delray Beach Cemetery and the other ceremony will be held at Veteran's Park at 11:00 a.m. followed by a spaghetti dinner at the Legion Post (263 N.E. 5th Avenue). He invited the Commission, the general public, and City staff to attend one of these two events. ll.B.3. Gerry Franciosa~ 939 Eve Street~ Delray Beach~ expressed concern over the status of the dredging in Tropic Isle and inquired as to why the dredging is not complete. Mr. Franciosa stated, "The problem we have in Tropic Isle... we're getting very divided because there are some people in Tropic Isle that cannot speak to the Tropic Isle Commissioner who is Commissioner Levinson so we can't communicate." Mr. Franciosa commented that there are rumors in the Tropic Isle subdivision that the City is allegedly attempting to make a settlement with the Tropic Isle Civic Association. Mr. Franciosa stated he would like a response from the City Manager and the City Attorney. Furthermore, Mr. Franciosa stated he cannot communicate with his own Commissioner. Mayor Schmidt stated that the entire Commission represents the City and commented that there is not a Commissioner for the Tropic Isle subdivision. Mr. Levinson stated it is important to note that he has been meeting regularly with the Tropic Isle Board about this issue in addition to other issues. Mr. Levinson continued to state that there are 250 plus members of the Tropic Isle Civic Association and there are only 440 homes, which represents well over half of the members that are represented by the Tropic Isle Civic Association. Mr. Levinson stated he receives calls regularly from members and non- members of his association who make telephone calls to ask him questions to see if he can help -14- 11/05/02 in a variety of issues. Mr. Levinson stated he does not appreciate the personal attacks because he feels that misinformation is being spread. At this point, Mr. Levinson suggested that the Commission invoke the Rules for Public Participation #3, Addressing the Commission, and read this rule into the record. At this point, the time being 7:45 p.m. the Commission moved back to Item 9.D. of the Regular Agenda. 9.D. CONDITIONAL USE REQUEST/GULFSTREAM BUSINESS BANK: Consider a request for conditional use approval to allow the establishment of a bank with a drive- through facility for Gulfstream Business Bank at Atlantic Plaza, located at the northeast corner of east Atlantic Avenue and N.E. 7th Avenue. (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 Clerk swore in those individuals who wished to give testimony on this item. Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were disclosed. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2002-397 into the record. The request is to establish a bank (Gulfstream Business Bank) in an existing office building and to utilize an existing remote drive-thru facility both located within Atlantic Plaza. The existing suite was formerly occupied by professional offices and at one time the financial institution known as Great Western Bank. At its meeting of October 21, 2002, the Planning and Zoning Board held a public hearing and after discussion the Board voted 7-0 to recommend approval of the Conditional Use request to establish a bank with remote drive through facility for Gulfstream Business Bank at Atlantic Plaza, 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 following condition as listed in the City Commission documentation memorandum. Ms. McCarthy stated she had a meeting at City Hall with the City Manager and representatives from the new management company for the Atlantic Plaza. Mr. Perlman moved to approve the Conditional Use request subject to the one condition listed in the City Commission agenda documentation memorandum, 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 -15- 11/05/02 to 0 vote. 9.E. CONDITIONAL USE REQUEST/SAZERAC BISTRO & MARTINI BAR: Consider a request for conditional use approval to allow the establishment of a late night business located within 300 feet of residentially-zoned property for Sazerac Bistro & Martini Bar at Lake Ida Plaza, located at the southwest corner of Lake Ida Road and Congress Avenue. (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 Clerk swore in those individuals who wished to give testimony on this item. Mayor Schmidt asked the Commission to disclose any ex parte contacts. Mr. Perlman stated he had dinner at the Sazerac Bistro & Martini Bar and spoke to the General Manager and the Chef/Owner about this issue. There were no other ex parte contacts disclosed. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning project file #2002-406 into the record. Mr. Dorling stated the Sazerac Bistro & Martini bar is defined as an upscale food seafood restaurant which will occupy an existing bay at the southwest corner of Lake Ida Plaza previously occupied by the China Doll Restaurant. The facility will be open after midnight until 2:00 a.m. for dinner and late dining and the property is located within 300 feet of residentially- zoned property, conditional use approval must be obtained. As identified in the LDR's a late night business is defined as any restaurant, bar, lounge, nightclub, music hall, club, gasoline station, convenience store, convenience business, retail store, grocery store, laundromat or similar use which is or will, at any time during a calendar year, be open for business at any time between the hours of 12 midnight and 5 a.m. At its meeting of October 21, 2002, the Planning and Zoning Board held a public hearing in conjunction with the request. There were no comments from the public. After reviewing the request, the Board unanimously voted 6-0 (Woehlkens absent) to recommend to the City Commission approval of the Conditional Use request based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Required Findings), and Section 4.3.3(VV)(2)(c) (Late Night Business Findings) of the Land Development Regulations, and consistency with Housing Element Policy A-12.3, subject to the three conditions listed in the City Commission documentation memorandum. Mrs. Archer asked if Mr. Dorling feels there will be any conflict with Shootersville Billiards. In response, Mr. Dorling stated this is in a remote corner of the center. Mr. Perlman asked if the applicant has agreed to all three conditions as outlined in the City Commission documentation. -16- 11/05/02 Mr. Levinson asked about the method of enforcement. Mr. Dorling stated they would find out through Code Enforcement. Mr. Levinson asked if at 11:00 p.m. they start having music and dancing is that then considered a night dance club. Mr. Dorling stated that they have a sound system within the restaurant and he imagines they could turn up the stereo but he does not envision that this will be an issue. Mr. Levinson feels if there is some methodology by which it can be controlled so that if it does get to that point it can be enforced, then he feels this would be fine. Sarah Taylor, General Manager of Sazerac Bistro & Martini Bar, stated there are no plans of making this a late night club. Ms. Taylor stated this will be more of an upscale bar that will be playing jazz music. Ms. Taylor stated she does not anticipate any problems and noted they are working with the security team for internal and external crowds. There being no one else who wished to address the Commission regarding the Conditional Use request, the public hearing was closed. Mrs. Archer moved to approve the Conditional Use request based upon the three conditions listed in the City Commission documentation memorandum, 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. Prior to the vote, Mr. Perlman stated this will be a very nice upgrade to the Lake Ida Plaza. In addition, Mr. Perlman commented that he feels this is a very classy place and is happy to support. Mr. Levinson stated the reason he raised a question regarding this is because this does not go with the property owner but goes with the property so that if someone else comes in after the current owner, he/she will have the same rights being granted to the current owner. 9.F. WAIVER REQUEST TO REDUCE PAVEMENT WIDTH/THE LEGACY: Consider a request to waive LDR Section 6.1.2 (C) to reduce the pavement width from 24 feet to 22 feet for the residential streets located within the Legacy at Sherwood Forest Development, located at the southeast and southwest corners of West Atlantic Avenue and Sherwood Forest Drive. (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 Clerk swore in those individuals who wished to give testimony on this item. Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were disclosed. -17- 11/05/02 Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2002-313 into the record. The properties under consideration consist of Tracts G-1 and G-2, Sherwood Forest Plat No. 1, and total 9.08 acres. The development proposal consists of 72-unit townhouses. The internal streets are a loop network. To construct the project as proposed the applicant has requested a reduction in pavement width from 24' to 22' for portions of the roads located with the subdivision. The development proposal provides a 22' wide street with 2' of valley curb and gutter on both sides of the pavement. The reduced pavement width will provide for 22' of pervious surface which is bordered by a 2' valley curb on each side. In essence, 26' of pavement will exist. The City has supported similar reductions such as the Parkside Townhomes and the Estuary developments. At its meeting of June 17, 2002, the Planning and Zoning Board considered the request in conjunction with the approval of the Master Development Plan modification for a 72- unit townhouse project known as Legacy at Sherwood Forest. The Board unanimously (5-0) recommended approval of the reduction in pavement width. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding the waiver request, the public hearing was closed. Mr. Perlman moved to approve the waiver request to reduce the pavement width of the internal streets located within the Legacy at Sherwood Forest from 24' to 22' as indicated on the site plan, 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. 9oGo REQUEST FOR IN-LIEU PARKING SPACES/DOWNTOWN LOFTS: Consider a request by Downtown Lofts for the purchase of three (3) in-lieu parking spaces in the amount of $36,000.00. Downtown Lofts is located on the east side of S.E. 4th Avenue, between S.E. 1st Street and S.E. 2nd Street. Paul Dorling, Director of Planning and Zoning, stated the Downtown Lofts is proposed mixed use development consisting of four (4) condominiums and 3,015 square feet of office space to be located on the east side of S.E. 4th Avenue between S.E. 1st Street and S.E. 2nd Street (103 S.E. 4th Avenue). The proposed site plan provides thirteen (13) on site parking spaces. The applicant is requesting the purchase of three (3) in-lieu parking spaces at a cost of $12,000 each, totaling $36,000 to be paid in full at the time of submission of a building permit application. LDR Section 4.6.9(E)(3)(e) states in addition to in-lieu fees due, where adequate right-of-way exists adjacent to a proposed project the applicant must construct additional on-street parking. The applicant will seek reimbursement of the costs associated with establishing the two (2) on- -18- 11/05/02 street parking spaces if approved. At its meeting of October 22, 2002, the Parking Management Advisory Board unanimously recommended approval of the applicant's request. Mrs. Archer commented that the access to these parking spaces other than the two on the street will only be from the alley. Mrs. Archer moved to approve the request by Downtown Lofts for the purchase of three (3) in-lieu parking spaces in the amount of $36,000, 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. 9.H. REQUEST TO REDUCE LIENS/ANDREW RICHARDS: Consider a request from Mr. Andrew Richards to waive the interest and administrative fees in the amount of $5,107.22 assessed for abating nuisances on property he acquired by purchasing Tax Deeds. The property is located at 1410 N.W. 2"d Street. Mr. Richards is prepared to pay the remaining lien of $1,556.94. Staff recommends denial. At this point, Mr. Perlman left the dais. Lula Butler, Director of Community Improvement, stated Mr. Richards recently purchased a lot via a tax deed (1410 N.W. 2nd Street) and requests that the City waive the interest and the administrative costs. As of October 30, 2002, the City has outstanding liens which total $5,107.22. Mr. Levinson commented that in an email from Mr. Richards it states he is interested in purchasing the property and not that he has already purchased the property. Ms. Butler stated he wrote back and informed staff that he has purchased this one piece of property and all the other properties he is currently pursuing. Ms. Butler stated Mr. Richards knew ahead of time that he was subject to this tax lien. Ms. McCarthy commented that there is no guarantee that Mr. Richards is going to entertain working with one of the projects that the City has for affordable housing. Ms. McCarthy asked if Mr. Richards were to end up in one of the programs for first time home buyers or affordable housing, would a builder at that time have the ability to come back to the City and then be able to request some type of adjustment. In response, Ms. Butler stated if he were actually a partner in the program then he could request some type of adjustment. Mrs. Archer stated it appears to her that the City is getting to the point where if there is a request from anyone fees will be waived. Ms. Butler stated this is not what is being done. However, Ms. Butler explained that staff will support and recommend approval for lots such as this request that come through the Renaissance Program because it is in support of the Affordable Housing Program. Ms. Butler continued to state that when there are others, as long as staff can determine that the requesting person understands the risk they were taking and are simply buying property for investment purposes only, then staff would not recommend approval of these situations. -19- 11/05/02 Ms. McCarthy moved to deny the request from Mr. Andrew Richards to reduce the amount of lien from $5,107.22 to $1,556.94 owed for property he acquired by purchasing a Tax Deed, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion to deny passed with a 4 to 0 vote. At this point, Mr. Perlman returned to the dais. 0.I. REQUEST FOR WAIVER OF SPECIAL ASSESSMENT/SOUTHRIDGE VILLAGE CONDOMINIUM: Consider a request from Mr. Eli Behar to waive the special assessment on Southridge Village Condominium. The City Manager stated in 1988 the City rebuilt the streets in the Woods of Southridge and Mr. Behar contacted the City after the billing was sent out and he has been trying since then to get the City to reduce the amount of the assessment for street reconstruction and has been denied by staff several times. Thus, Mr. Behar has requested to come before the Commission to make his case. Eli Behar, President of Southridge Village Association, Inc. stated the City entered into an agreement with the Woods of Southridge and not with Southridge Village Condominium for road improvements. Mr. Behar stated that Southridge Village Association, Inc. is a private road and this is of no benefit to them. The City Manager explained that the reason the Southridge Association is being assessed is because they have accumulated funds for a pair of streets and they paid the City the funds and that amount was used to reduce the amount of the assessment. All the individual property owners were sent notice as required by law. The City Manager stated the notice was sent to the agent at that time for the condominium. Furthermore, Mr. Behar stated that he does not recall receiving notice but the notice was not returned to the City. Mr. Behar stated there is no benefit to the Southridge Village Condominium and distributed pictures of his street showing where no paving was completed. Mr. Behar is protesting because he stated the entrance to S.W. 8th Avenue was never paved. Ms. McCarthy asked if Southridge Village Condominium Association uses the same management company as Woods of Southridge. Mr. Behar stated they do not have a management company other than themselves. Mr. Perlman stated since the condominium has an entrance on Southridge Road then he feels there is benefit to Southridge Village Condominium because there is use of this road. Mr. Perlman moved to deny the request for reduction of the assessment on Southridge Village Condominium, 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 to deny passed with a 5 to 0 vote. 9.J. RESOLUTION NO. 88-02: Consider approval of Resolution No. 88-02 establishing the Bicycle/Pedestrian Task Force consisting of seven (7) members with a sunset -20- 11/05/02 date of May 31, 2003. The City Commission will appoint the membership at the November 19, 2002 meeting. The caption of Resolution 88-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A BICYCLE/PEDESTRIAN TASK FORCE FOR THE PURPOSE OF IDENTIFYING THE NEEDS OF BICYCLISTS AND PEDESTRIANS WITHIN THE CITY AND RECOMMENDING THE IMPLEMENTATION OF A BICYCLE AND PEDESTRIAN SYSTEM CONSISTENT WITH THE CITY' S COMPREHENSIVE PLAN WITHIN THE CITY OF DELRAY BEACH, PROVIDING AN EFFECTIVE DATE AND A SUNSET DATE. (The official copy of Resolution No. 88-02 is on file in the City Clerk's office.) Mr. Levinson moved to approve Resolution No. 88-02, 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.K. DECLARATION OF UNITY OF TITLE/DELRAY BEACH CLUB: Consider approval of a request from Delray Beach Club regarding acceptance of an irrevocable Declaration of Unity of Title, Restriction, and Covenant as a voluntary restriction on density. The City Attorney stated the Delray Beach Club has requested that the City execute an Acceptance of an Irrevocable Declaration of Unity of Title, Restriction and Covenant as a voluntary restriction on density. Prior to vote, Mr. Levinson made an amendment to the motion to reflect that the Delray Beach Club guarantee to the City the tax that has been paid from fiscal year 1998-99 thru fiscal year 2000-01 as a base minimum tax. Mr. Levinson continued to state that he would hate to see the appraisal come back less than what the City has been receiving from them and would not like to see the revenue to the City be guaranteed in case the property appraiser assesses the property for less. Thomas E. Sliney, Esq, stated this would really be a Board issue and noted that the President of the Delray Beach Club is present. Mr. Foster, President of the Delray Beach Club, stated he does not want to see this drag on any longer and does not feel there should be a restriction put on this. Mr. Sliney stated the Board is a non-profit corporation and has the ability to make the business decision itself. If that be the will of the Commission, he would recommend that this be done. -21- 11/05/02 Mr. Levinson stated he discussed with Mr. Sliney that if the City is capping the taxes on a piece of 3-acres of beachfront that it would make sense for the City since it is a "recreational use club" which could provide a service for residents of the City. Mr. Levinson stated in fairness to the other residents if there is not going to be any upside that we not penalize the other residents by reducing the taxes below what they have been paying. Mr. Sliney stated he does not know what the assessed amount will be and commented that at the present time the Palm Beach County Property Appraiser is in the process of re-assessing the property. Ms. McCarthy stated she is strongly opposed to the amendment to the motion because the Commission has no control over how the Palm Beach County Property Appraiser will assess this property. Ms. McCarthy stated the chances are the residents will be assessed for less then they have already been taxed these past few years is very unlikely. Ms. McCarthy stated it is her understanding that just so that they would not be necessarily assessed at the highest and best use which they do not elect to use and thus is speaking in favor of the motion as originally proposed. Mrs. Archer and Mr. Perlman concurred with comments expressed by Ms. McCarthy. Mr. Levinson stated his concern is that without the development rights the land becomes much less valuable and that is why he feels there ought to be a floor for the tax bill so as to not negatively impact the other taxpayers of the City. Furthermore, Mr. Levinson stated although he understands the City cannot control what the property is assessed for, he feels by agreement the City can make up that difference by payments from the Beach Club to the City and thus the reason for his recommendation. Mrs. Archer stated she rejects the amendment to the original motion. The subsidiary motion died for lack of a second. Mrs. Archer moved to approve the request from the Delray Beach Club regarding acceptance of an irrevocable Declaration of Unity of Title, 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.L. AMERICAN LA FRANCE/MEDICMASTER: Consider authorization to cancel the remaining purchase orders for the MedicMaster contract for emergency care vehicles due to defectiveness and file suit to recover monies spent in the amount of $142,550.00. For clarification, the City Attorney noted that $142,550 is the purchase price of one vehicle and does not include repair costs. Mr. Perlman moved to approve cancellation of the purchase order and to proceed to file suit, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. -22- 11/05/02 Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.M. PROPOSAL FOR SETTLEMENT/JOHNSON v. CITY: Consider acceptance of proposal for settlement subject to the receipt of appropriate releases in the Johnson v. City of Delray Beach case. Staff recommends acceptance. Mrs. Archer moved to approve the proposal for settlement in the Johnson v. City of Delray Beach case, 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.N. REIMBURSEMENT/HEALTH INSURANCE: Consider a request to reimburse City of Delray Beach employees not in bargaining units for the dependent health insurance premium increase in an amount not to exceed $30,000.00 for the period covering the first payroll in February 2002 to the last payroll in October 2002. Funding is available from 551- 1575-591-99.01 (Risk Management Project Reserve). The City Manager stated the ratification of the three union contracts required the City to absorb the dependent health insurance premium increase for the period covering the first payroll in February 2002 through the last payroll in October 2002. The City Manager stated this is a request asking that the Commission approve reimbursing the non-bargaining unit employees for the dependent health insurance premium increase for this same period at a cost not to exceed $30,000. Mr. Perlman moved to approve a request to reimburse City of Delray Beach employees not in bargaining units for the dependent health insurance premium increase, 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. 9oOo CONTRACTED POSTAL UNIT/DOWNTOWN DELRAY BEACH: Consider a request from Pineapple Grove Main Street, Inc. regarding a contracted postal unit in Pineapple Grove that serves downtown Delray Beach. Glenn Weiss, Program Manager for Pineapple Grove Main Street, introduced Ira Jacobson and Evan Keller who jointly submitted a proposal to the U.S. Postal Service to run a contracted postal unit from the existing Post Office location. Mr. Jacobson and Mr. Keller have verbally reached an agreement in terms of the ability to lease a percentage of the building to allow them to operate a contracted parcel unit from that location. Mr. Weiss stated for every dollar that they sell of stamps they get .13 cents of the stamp sales and they feel they need .15 cents and that difference is about $30,000 which is the subsidy that he is trying to find. Mr. Weiss stated he is requesting two things from the Commission. One, is this is an unusual circumstance in terms of the subsidy of a private contractor and is the last possibility of saving the Post Office in downtown Delray Beach. Second, Mr. Weiss requests that if possible that there be a fiscal sharing of this subsidy whereas the City would provide approximately $10,000, the CRA provide $10,000, and Pineapple Main Street would transfer $10,000 of the $25,000 the -23- 11/05/02 CRA gives them for faCade improvement to make sure the Post Office is in operation. Based on figures from the Post Office there are approximately $200,000 people per year who come to the Post Office. Mayor Schmidt stated for clarification that the contract would be for one year. Ms. McCarthy asked if the Chamber of Commerce was asked to a party for this first year. Mr. Weiss stated he did not ask the Chamber of Commerce if they would like to be a party. Speaking as a member of the Board, Mr. Perlman does not think the Chamber has the money and is not sure if the Chamber would go into the business of subsidizing a private business. Brief discussion followed between Mr. Jacobson, Mr. Keller, and the Commission. Ms. McCarthy stated she no longer sits on the Board of Directors for the Chamber of Commerce. However, Ms. McCarthy stated the Chamber has a multitude of businesses and the use of the downtown would be very instrumental for them as well. Ms. McCarthy stated even if the Chamber does not have the dollars in its budget she feels the businesses that would be impacted by losing this convenience may want to know and may want to be instrumental with Pineapple Grove in making this a reality as well. Mr. Perlman concurred with comments expressed by Ms. McCarthy and inquired as what the time limit would be for the Chamber to make an effort to see what kind of interest is out there. Mr. Jacobson and Mr. Keller stated that the Post Office has given them until the 15th to come back with an answer on whether it is a possibility of getting the financial support if needed. Mr. Levinson asked if they will be able to refill postage meters and stated this is what drives a business to the Post Office as opposed to an individual. The postage meters that were being brought to the Post Office to be refilled are being retired. In 2003, those postage meters will no longer be allowed to be used and a business will have to dial in on-line to get their postage and will still be required to be checked by a Post Office once a year. Further discussion followed by the Commission. Mayor Schmidt stated that he concurs with Ms. McCarthy's suggestion to pursue with the Chamber of Commerce to see if they are willing to make some sort of contribution and also that the City agree to the subsidy in the amount not to exceed $10,000. Mrs. Archer stated she does not feel it is realistic that the Chamber will make any contribution. Mr. Levinson inquired if there is any economic development money from the County that might be available for this kind of thing. The City Manager stated this would probably only apply to new jobs but this can be looked into. Mr. Levinson stated it may be that by getting private jobs it may be that the area may qualify for a particular amount of money. County. Ms. McCarthy stated she too would like to see the City investigate this with the -24- 11/05/02 After discussion, Mrs. Archer moved to approve that the City agree to support the operation of the Post Office for one year in an amount not to exceed $10,000 or 1/3 of the loss if lower, subject to confirmation of audited books to confirm the loss. Also other entities should be contacted (Chamber & County) to see if there are other monies available, 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. FIRST READINGS: None. 13. Comments and Inquiries on Non-Agenda Items. 13.A. City Manager. The City Manager stated that the analysis regarding the Community Development Districts (CDD) the City received from Hillsboro County is excellent. The City Manager stated the analysis points out all the problems he is concerned with about creating another government within us and further fracturing those local government services and the fact that all the benefit does not go to the homebuyer but gets split between the developer and the homebuyer. The City Manager stated overall he feels this is a very balanced look and suggested that the Commission may want to develop a higher standard on the infrastructure. The City Manager encouraged the Commission to review the analysis because he stated this is an issue that comes up from time to time. 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 commented about the Sister Cities Exchange Delegation Program and stated it is nice to know that this program is ongoing and that Mayor Schmidt was so instrumental in making this happen. Mrs. Archer echoed comments expressed by the entire Commission. 13.C.2. Commissioner Perlman Mr. Perlman thanked Larry and Barbara Garito for their hospitality with regard to the Sister Cities Exchange Delegation Program. -25- 11/05/02 Secondly, Mr. Perlman thanked Chief Koen for allowing the Commissioners to ride on the fire trucks on Halloween to pass out candy and stated the evening was great. Mr. Perlman stated the community has tremendous respect for the Fire-Rescue Department and feels this is a good tradition for the City to continue. Mr. Perlman commented on the movie night held at Old School Square and stated it was a great evening. Mr. Perlman stated he applauds Old School Square for providing free family oriented entertainment. Mr. Perlman congratulated Commissioner Levinson for winning the Long Drive Golf Contest. Mr. Perlman stated while Mr. Rudy Giuliani (former Mayor of New York City) was in town he visited Skip Brown's wife who is battling cancer. Mr. Giuliani gave Mrs. Brown an inspirational talk since he is a cancer survivor himself. 13.C.3. Mayor Schmidt Mayor Schmidt publicly thanked Nancy King, Publications Editor, for the great job she did on the Advisory Board Reception and stated he received many favorable comments. 13.C.4. Commissioner McCarthy Ms. McCarthy concurred with comments expressed by Mr. Perlman and Mayor Schmidt. Secondly, Ms. McCarthy extended a special thanks to City staff for the activities they put together for Community Unity during the month of October. Ms. McCarthy congratulated Mr. Levinson for winning the Long Drive Golf Contest. Ms. McCarthy asked if anyone will be attending the Urban League event on Friday. 13.C.5. Commissioner Levinson Mr. Levinson congratulated Nancy Stewart for making the Garlic Festival a success and thanked her for the great job she does all year. Secondly, Mr. Levinson concurs with comments expressed by Mayor Schmidt with regard to the Advisory Board Reception. However, Mr. Levinson stated he was distressed to hear a non-Board member complaining that individuals had to pay $35 to dine with a Commissioner after the reception at Cornell Museum where food and beverages were provided at no cost. -26- 11/05/02 Mr. Levinson stated he will be unable to attend the Veteran's Day ceremonies because he will be watching the NASA launch. Mr. Levinson thanked Barbara Garito for her hospitality with regard to the Sister Cities Exchange Delegation Program. Mr. Levinson thanked and commended Skip Brown for the great job he did with the Home Front Security Event and stated he was a great M.C. Mr. Levinson stated he had a great time trick-or-treating with the Fire-Rescue Department and commented that they visited communities such as Carver Estates, Pine Grove, Tropic Palms, and Tropic Isle. Mr. Levinson congratulated Leon Weekes who received the Service Above-Self Award from the Rotary Club of Delray Beach Noontime Chapter and stated his name is on the wall at Old School Square. Mr. Levinson stated Mr. Weekes is very deserving of this award because of his long time commitment to the community. Mr. Levinson stated the Houdini event was great. Furthermore, Mr. Levinson stated Kids Day and Halloween on the street was a huge success. Mr. Levinson stated hundreds of children were trick-or-treating during the day and he was approached by approximately forty people who thanked him for what the Commission is doing and how glad they are to live in Delray Beach. Lastly, Mr. Levinson commented about the movie night held at Old School Square. At this point, the time being 9:05 p.m., Mayor Schmidt adjourned the Regular Meeting to Item 14, Closed Attorney/Client Session and Item 15, Closed Attorney/Client Session. 14. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011{8) re: the case of Coral Trace Homeowners' Associatiom Inc. vs. the City of Delra¥ Beach. Attendees: Mayor David Schmidt Commissioner Pat Archer Commissioner Alberta McCarthy Commissioner Jeff Perlman Commissioner Jon Levinson City Manager David Harden City Attorney Susan Ruby A certified court reporter Purpose: Discuss settlement negotiations and strategy related to litigation expenditures in the above case. -27- 11/05/02 Mayor Schmidt read the following statement for the record: "The City has scheduled a closed attorney-client session pursuant to Florida Statutes 286.011(8) regarding the Coral Trace Homeowners' Association, Inc., et al. v. City of Delray Beach case (Case No. CA-02-009904-AF). The estimated length of the closed session shall be 15 minutes. The following persons will be attending: Mayor David Schmidt, Commissioners Pat Archer, Alberta McCarthy, Jeff Perlman and Jon Levinson, City Manager David Harden, City Attorney Susan Ruby, and a certified court reporter." 15. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: the case of the City of Delra¥ Beach vs. M & P Concrete. Attendees: Mayor David Schmidt Commissioner Pat Archer Commissioner Alberta McCarthy Commissioner Jeff Perlman Commissioner Jon Levinson City Manager David Harden City Attorney Susan Ruby Bill Doney, Esq., Counsel for the City A certified court reporter Purpose: Discuss settlement negotiations and strategy related to litigation expenditures in the above case. Mayor Schmidt read the following statement into the record: "The City has scheduled a closed attorney-client session pursuant to Florida Statutes 286.011(8) regarding the City of Delray Beach v. M&P Concrete, et al. case (Case No. CA- 02-008854-AI). The estimated length of the closed session shall be 15 minutes. The following persons will be attending: Mayor David Schmidt, Commissioners Pat Archer, Alberta McCarthy, Jeff Perlman and Jon Levinson, City Manager David Harden, City Attorney Susan Ruby, Bill Doney, Esq., counsel for the City, and a certified court reporter." At this point, the time being 9:45 p.m., Mayor Schmidt reconvened the Regular Meeting and announced that the Closed Attorney/Client Session was terminated. 16. SETTLEMENT OF CITY OF DELRAY BEACH v. M&P CONCRETE: Consider settlement of the referenced matter. Mrs. Archer moved to approve the settlement of the City of Delray Beach v. M&P Concrete, subject to the terms as outlined in the letter from Attorney William P. Doney, 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. -28- 11/05/02 at 9:46 p.m. There being no further business, Mayor Schmidt declared the meeting adjourned ATTEST: City Clerk MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on November 5, 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 as set forth above. -29- 11/05/02 at 9:46 p.m. There being no further business, Mayor Schmidt declared the meeting adjoumed City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Dekay Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on November 5, .~2x002, wh,~ch 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 as set forth above. -29- 11/05/02