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12-03-02DECEMBER 3~ 2002 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor David W. Schmidt in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, December 3, 2002. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Jon Levinson Commissioner Alberta McCarthy Commissioner Jeff Perlman Mayor David W. Schmidt Absent - None Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Brian Shutt, Assistant City Attorney Terrill Pyburn, Assistant City Attorney Barbara Garito, City Clerk 2. The opening prayer Matthew's Episcopal Church. was delivered by Father Keith Johnson, Rector with St. The Pledge of Allegiance to the flag of the United States of America was given. o AGENDA APPROVAL. Ms. McCarthy moved to approve the Agenda, 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. APPROVAL OF MINUTES: Ms. McCarthy moved to approve the Minutes of the Regular Meeting of November 19, 2002, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. o PROCLAMATIONS: None. At this point, the Commission moved to Item 7.B., "All About Me" Contest Winners - Delra¥ Beach Parks and Recreation Department. 7. PRESENTATIONS: 7.B. "All About Me" Contest Winners - Delray Beach Parks and Recreation Department Tonya Smith, Director of the Out of School Program/Parks and Recreation, stated the "All About Me" contest involves a coloring contest, a drawing contest, and an essay contest. The selected winners are from Pine Grove Elementary School, the Community Center, and Pompey Park. Mayor Schmidt introduced the following Out of School Advisory Board members for the Out of School Program: Andy Bouchlas (Member), Osceola District Executive - Boy Scouts of America Nancy Hurd, (Backup Chairperson), Executive Director - Community Child Care Center Sharon Ryallis (Member), Program Supervisor - Children's Home Society of Florida Sharon Taylor (Secretary), Parent of a child in the After School Program Sandra Willis (Chairperson), Parent in community Mayor Schmidt introduced the following "All About Me" contest winners: Essay Contest Winners: Community Center Pine Grove Pompey Park Valeria Manduj ano Jim Loscielle Rudy Conde Jeremy Morris Jasmine Smith Carmeron Lewis Mario Aparicio Dinashell Noel Andly Thelismon Tatyona Evans Riana Towsend Desmond Phillips Drawing Contest Winners: Community Center Pine Grove Pompey Park Travon Campbell Kayla Thomas Andres Aguirre Kadesha Baker Fabiana Damisse Jade Dowdell Kenisha Brown Kiesha Odom Rejene Gabriel Coloring Contest Winners: Community Center Pine Grove Pompey Park Brian Welch Alexis Mendoza Mariariette Rolon Frank Barker Francisca Dieubon Ariel Rolle Kaisja Evans Alexandria Fenelon Ariel Cherry -2- 12/03/02 7.A. Site Plan Review and Appearance Board (SPRAB) Awards. Gary Eliopoulos, Chairman of the Site Plan Review and Appearance Board (SPRAB), stated this is the 11th Annual Award Recognition Program and the awards are given to those property owners and their design teams who have significantly contributed to the beauty of the community through creative design or renovations to existing properties. Mr. Eliopoulos recognized the other six members of the Site Plan Review and Appearance Board (SPRAB): Nancy J. Stewart, Vice Chair Deborah D. Dowd, Second Vice Chair Mark Gregory (Sign Contractor) Roger Cope (Architect) Mayer Abbo (Architect) Daniel Carter (Landscape Architect) Mr. Eliopoulos presented the SPRAB awards to the 2002 award recipients: NEW COMMERCIAL DEVELOPMENT Autobahn Motors Autobahn Motors, Inc. (Owner) Eliopoulos and Associates, Inc. (Architect) Dave Bodker Landscape Architecture and Planning (Landscape Architect) PRIVATE COMMUNITY FACILITY Morton Downey Family Resource Center Community Child Care Center of Delray Beach (Owner) > Robert G. Currie Partnership (Architect) Dave Bodker Landscape Architecture and Planning (Landscape Architect) Brenner Real Estate Group/Butters Construction & Development, Inc. (co-owners) MULTIPLE FAMILY RESIDENTIAL DEVELOPMENT Co-Winners: The Estuary Porten Companies (Owner) Robert G. Currie Partnership (Architect) Jerry Turner & Associates (Landscape Architect) Ocean Hammock Ironwood Properties, Inc. (Owner) Rustem Kupi (Architect) Mucciolo Design (Landscape Architect) NEWINDUSTRIAL DEVELOPMENT Co-Winners: Just Tile and Marble Contractors Management Services Inc. JMS Design, Inc. (Architect) Butterfly Landscaping, Inc. (Landscape Architect) EXTERIOR RENOVATIONS SOPRA Restaurant ~ TD1 Restaurant (Owner) > Robert G. Currie Partnership (Architect) WALL SlGNAGE Zenith Commerce Center D.P.O.C. Associates Ltd. (Owner) Kenneth Carlson (Architect) Kevin E. Holler (Landscape Architect) LongHorn Steak House > LongHorn Steak House (Owner) )~ Art Sign Co., Inc. (Contractor) -3- 12/03/02 FREE-STANDING SIGNAGE Delray Bay Apartments > Olen Communities, Inc. (Owner) > McNeill Signs, Inc. (Contractor) ge CONSENT AGENDA: City Manager Recommends Approval. 8.A. FINAL SUBDIVISION PLAT APPROVAL/DELRAY 403: Approve the subdivision plat for Delray 403, located on the northeast side of S.E. 1st Street and S.E. 4th Avenue. 8.B. FINAL SUBDIVISION PLAT APPROVAL/MERIDIAN: Approve the subdivision plat for the Meridian, located on the east side of S.E. 6th Avenue, between S.E. 3rd Street and S.E. 4th Street. 8.B.1 RESOLUTION NO. 84-02/ABANDONMENT OF WATER EASEMENT: Approve the abandonment of a 12' wide water easement lying within a portion of Lots 3 and 4, Blank-Nichols Subdivision along with the combined preliminary/final plat for a 1.973 acre development known as the Meridian, located on the east side of S.E. 6th Avenue (Northbound Federal Highway), between S.E. 3rd Street and S.E. 4th Street. The caption of Resolution No. 84-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A 12-FOOT WIDE WATER EASEMENT LYING WITHIN A PORTION OF LOT 3 AND LOT 4 OF BLANK-NICHOLS SUBDIVISION (PB 13, PG 28), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A". (The official copy of Resolution No. 84-02 is on file in the City Clerk's office.) 8oCo RESOLUTION NO. 95-02/ABANDONMENT OF UTILITY EASEMENT: Approve the abandonment of a 6' wide utility easement within the Plat of Sabal Lakes Phase Three, located east of Barwick Road and north of the L-31 Canal off of Seagrape Circle. The caption of Resolution No. 95-02 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 WITHIN THE SABAL LAKES PHASE THREE DEVELOPMENT, LOCATED EAST OF BARWICK ROAD, NORTH OF CANAL L-31, AS MORE PARTICULARLY DESCRIBED HEREIN. (The official copy of Resolution No. 95-02 is on file in the City Clerk's office.) -4- 12/03/02 8.D. RESOLUTION NO. 96-02: Approve Resolution No. 96-02 assessing costs for the demolition of an unsafe structure located at 234 S.W. l0th Avenue. The caption of Resolution No. 96-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (The official copy of Resolution No. 96-02 is on file in the City Clerk's office.) 8.E. PURCHASE OF RECTRAC SOFTWARE: Approve the purchase of the RecTrac software in the amount of $46,625.00 for the Delray Beach Parks and Recreation Department to synchronize payments and registration at all six (6) remote sites with a link to the AS400. Funding is available from 115-4925-572-64.90 (Special Projects Fund/After School Program/Other Machinery/Equipment). 8oFo CHANGE ORDER NO. 1/FINAL PAYMENT/G.T.E. BUILDERS, INC.: Approve Change Order No. 1 in the amount of $10,887.20, and final payment in the amount of $18,017.01 to G.T.E. Builders, Inc. for the Community Teen Center (505) Project. Funding is available from 117-6111-519-63.40 (Recreation Impact Fee/Recreation Improvements), 334- 6111-572-62.09 (Delray Youth Teen Council), and 442-5178-536-61.83 (Water/Sewer/Lift Station Rehabilitation). 8oGo CHANGE ORDER NO. 1/FINAL PAYMENT/CORNERSTONE BUSINESSES, INC.: Approve Change Order No. 1 in the amount of a $21,000.00 decrease, and final payment in the amount of $33,651.00 to Cornerstone Businesses, Inc. for the Barrier Island 16" ICWW Force Main Crossing Project. Funding is available from 441-5161-536-69.23 (Water/Sewer Fund). 8.H. HOUSING REHABILITATION GRANT\CONTRACT AWARD: Approve Housing Rehabilitation grant\contract award through Community Development Division in the amount of $21,000.00 to Preston Construction (329 S.W. 12th Avenue). Funding is available from 118-1963-554-49.19 (SHIP Housing Rehabilitation Grant). -5- 12/03/02 8.1. SPECIAL EVENT REQUEST/HOWARD ALAN 14TM ANNUAL DOWNTOWN ART FESTIVAL: Approve a special event request for the 14th annual Downtown Art Festival sponsored by Howard Alan Events, Ltd. to be held on January 18 and 19, 2003, granting a temporary use permit per LDR Section 2.4.6(H) for street closure of Atlantic Avenue, east ofN.E./S.E. 6th Avenue east to Salina, and Vittoro's parking lot for vendor parking; authorize staff to apply for the FDOT street closure permit; authorize staff support for security and traffic control, and permit an event sign to be erected on Atlantic Avenue just east of 1-95 one week prior to the event with the sponsor paying all overtime costs; contingent on sponsor providing a certificate of liability insurance. 8.j. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period November 18, 2002 through November 29, 2002. 8.K. HUMAN RESOURCES MANAGEMENT PARTNERS~ INC./SALARY STUDY: Approve the three percent (3%) base rate adjustment for general employees and other pay plan adjustments as recommended by Human Resources Management Partners, Inc. to be effective December 1, 2002. 8.L. AWARD OF BIDS AND CONTRACTS: 1_ Contract award to Insituform Technologies, Inc. in the amount of $528,972.00 for trenchless sanitary sewer rehabilitation of 9,112 feet of gravity sewer (System 17/Barrier Island). Funding is available from 442-5178-536-63.51 (Sewer Mains). 2_ Bid award to various vendors for the purchase of chemicals and fertilizers via Co-op Bid #2002-43 for a total amount of $183,000.00. Funding is available from 001-4131-572-52.26 (General Fund/Gardening Supplies), 445-4714- 572-52.26 (Delray Beach Municipal Golf Course Fund/Gardening Supplies), 446-4714-572-52.26 (Lakeview Golf Course Fund/Gardening Supplies), and 001-4511-539-52.26 (General Fund/Gardening Supplies). 3_ Lease award to Mears Motor Leasing in the amount of $28,000.00 for FY 2002 for the lease of five (5) police vehicles under the Florida Sheriff's Association and Florida Association of Counties, Bid #02-10-0826. Funding is available from 001-2115-521-44.40 (Rental and Lease Vehicles). Mrs. Archer moved to approve the Consent Agenda, 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. -6- 12/03/02 9. REGULAR AGENDA. 9oAo PUBLIC FINANCIAL MANAGEMENT~ INC. PRESENTATION Jay Glover, representing Public Financial Management (Financial Advisors for the City of Delray Beach), stated this is a request before the Commission to authorize three different resolutions authorizing two separate bond transactions. One is a General Obligation Bond Issue and the other is a Utilities Tax Bond Issue. Mr. Glover stated both of these transactions are refunding bond transactions and this means they are issuing new bonds to pay off existing bonds at lower rates that the City already has outstanding. Mr. Glover stated there are three reasons why this is done. The first is because the City can obtain substantial debt service savings for doing these transactions. Mr. Glover stated because bonds are outstanding at a higher rate and with the interest rates being as low as they are today, Public Financial Management can issue new bonds to pay these bonds off. The second reason is to replace existing bond covenants. Mr. Glover stated when a bond is issued there are many covenants that are involved and there are different pledged revenues that are involved. In the case of the Utilities Tax Bond Issue Public Financial Management is releasing the communications services tax that are pledged to these bonds which allows the City to use them for other reasons other than to pay the debt service. Mr. Glover gave a brief overview and summary of the General Obligation Bonds, Series 1993 A (Decade of Excellence), and the General Obligation Refunding Bonds, Series 1993B (Decade of Excellence). In addition, Mr. Glover gave a brief overview and summary of the Utilities Tax Revenue Refunding Bond and Improvement Bonds, Series 1994 and the Utilities Tax Revenue Bonds, Series 1995. Mr. Glover stated another source of funds is approximately $1.1 million from a release of an existing guarantee investment contract. On a portion of these outstanding bonds there is a debt service reserve requirement which is a set of funds that is set aside at the time of pricing to pay debt service on bonds. In this case, Mr. Glover stated they are releasing the existing $1.1 million that is in the debt service reserve fund and purchasing a surety bond for $25,000 which is similar to an insurance policy that covers the debt service requirement from a bond insurer. For the benefit of the public, Mayor Schmidt stated the term of the existing bonds is not being extended by the refinancing and will be paid off in the same amount time as the existing bonds. Mr. Glover reiterated that they cannot extend the maturity on a refunding bond. Mr. Glover stated the General Obligation Bonds that are outstanding have a final maturity of 2013 and the 2002 General Obligation Bond that Public Financial Management is issuing will also have a final maturity of 2013. In the case of utilities taxes the final maturity on the refunded bonds and the refunding bonds is 2016. 9.B. RESOLUTION NO. 90-02: Consider approval of Resolution No. 90-02 authorizing the negotiated sale of the City's Utility Tax Revenue Refunding Bonds, Series 2002, in the aggregate principal amount of not exceeding $16,500,000 for the purpose of paying and defeasing the City's Utilities Tax Revenue Refunding and Improvement Bonds, Series 1992; Utilities Tax Revenue Refunding and Improvement Bonds, Series 1994; Utilities Tax Revenue Bonds, Series 1995; Utilities Tax Revenue Bonds, Subordinate Series 1996; and Utilities Tax Revenue Bonds, Subordinate Series 1998 (Collectively the "Refunded Bonds"). -7- 12/03/02 The caption of Resolution No. 90-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE NEGOTIATED SALE OF CITY OF DELRAY BEACH, FLORIDA, UTILITIES TAX REVENUE REFUNDING BONDS, SERIES 2002, IN THE INITIAL AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING $16,500,000 FOR THE PURPOSE OF PAYING AND DEFEASING THE CITY'S UTILITIES TAX REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 1992, ITS UTILITIES TAX REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 1994, ITS UTILITIES TAX REVENUE BONDS, SERIES 1995, ITS UTILITIES TAX REVENUE BONDS, SUBORDINATE SERIES 1996 AND ITS UTILITIES TAX REVENUE BONDS, SUBORDINATE SERIES 1998 (COLLECTIVELY, THE "REFUNDED BONDS"); DETERMINING CERTAIN DETAILS OF SAID BONDS; APPOINTING THE UNDERWRITER; PROVIDING FOR THE APPLICATION OF THE BOND PROCEEDS; APPROVING THE FORM OF, AND AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT TO EFFECT THE NEGOTIATED SALE OF THE BONDS AND SETTING THE PARAMETERS BY WHICH THE MAYOR OR VICE MAYOR SHALL BE AUTHORIZED TO EXECUTE AND DELIVER THE BOND PURCHASE AGREEMENT; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION OF AN OFFICIAL STATEMENT IN CONNECTION WITH THE OFFERING AND SALE OF THE BONDS AND AUTHORIZING THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND THE OFFICIAL STATEMENT BY THE UNDERWRITER; APPOINTING A PAYING AGENT; APPOINTING A REGISTRAR; PROVIDING FOR A BOND INSURANCE POLICY FOR THE BONDS PROVIDED BY FINANCIAL SECURITY ASSURANCE, INC. AND AUTHORIZING AND AGREEING TO ANY NECESSARY SUPPLEMENTS OR AMENDMENTS TO THE BOND RESOLUTION IN CONNECTION THEREWITH; IF APPLICABLE, APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN INSURANCE AGREEMENT IN CONNECTION WITH THE ISSUANCE OF THE RESERVE POLICY BY FINANCIAL SECURITY ASSURANCE INC. PROVIDING FOR THE UNDERTAKING BY THE CITY REGARDING SECONDARY MARKET DISCLOSURE AS REQUIRED BY RULE 15c2-12 OF THE SECURITIES AND -8- 12/03/02 EXCHANGE COMMISSION; AMEND1NG RESOLUTION NO. 98-91 IN CONNECTION WITH THE SECURITY FOR THE BONDS AND AMENDING RESOLUTION NO. 98-91 AND RESOLUTION NO. 27-94 IN CONNECTION WITH THE DEBT SERVICE RESERVE ACCOUNT FOR THE BONDS; AUTHORIZING THE PROPER OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE AS TO THE SALE AND DELIVERY OF THE BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 90-02 is on file in the City Clerk's office.) Mr. Levinson moved to approve Resolution No. 90-02, 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.C. RESOLUTION NO. 91-02: Consider approval of Resolution No. 91-02 authorizing the issuance of not exceeding $18,000,000 in the initial aggregate principal amount of the City's General Obligation Refunding Bonds, Series 2002 (Decade of Excellence Program); providing for the form and terms of the bonds. The caption of Resolution No. 91-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $18,000,000 IN THE INITIAL AGGREGATE PRINCIPAL AMOUNT OF CITY OF DELRAY BEACH, FLORIDA GENERAL OBLIGATION REFUNDING BONDS, SERIES 2002 (DECADE OF EXCELLENCE PROGRAM); PROVIDING THE FORM AND TERMS OF THE BONDS; PROVIDING FOR THE PAYMENT OF THE BONDS FROM A TAX ON ALL TAXABLE PROPERTY IN THE CITY OF DELRAY BEACH; PROVIDING FOR THE UNDERTAKING BY THE CITY REGARDING SECONDARY MARKET DISCLOSURE AS REQUIRED BY RULE 15c2-12 OF THE SECURITIES AND EXCHANGE COMMISSION; PROVIDING FOR THE RIGHTS, REMEDIES AND SECURITY OF THE HOLDERS OF THE BONDS; PROVIDING FOR CERTAIN OTHER MATTERS DEEMED NECESSARY AND PROPER IN CONNECTION WITH THE ISSUANCE OF THE BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 91-02 is on file in the City Clerk's office.) -9- 12/03/02 Mr. Perlman moved to approve Resolution No. 91-02, 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.D. RESOL[ITION NO. 92-02: Consider approval of Resolution No. 92-02 authorizing the negotiated sale of the City's General Obligation Refunding Bonds, Series 2002 (Decade of Excellence Program) in the initial aggregate principal amount of not exceeding $18,000,000. The caption of Resolution No. 92-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE NEGOTIATED SALE OF CITY OF DELRAY BEACH, FLORIDA, GENERAL OBLIGATION REFUNDING BONDS, SERIES 2002 (DECADE OF EXCELLENCE PROGRAM), IN THE INITIAL AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING $18,000,000; PROVIDING THE PARAMETERS BY WHICH THE FINAL TERMS AND OTHER DETAILS OF SUCH 2002 BONDS WILL BE ESTABLISHED, APPOINTING THE UNDERWRITER OF THE 2002 BONDS; APPROVING THE FORM OF AND DELEGATING TO THE MAYOR OR VICE MAYOR THE AUTHORITY TO EXECUTE AND DELIVER A PURCHASE CONTRACT TO BE USED FOR THE SALE OF THE 2002 BONDS; APPOINTING A PAYING AGENT AND BOND REGISTRAR; APPOINTING AN ESCROW AGENT; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN ESCROW DEPOSIT AGREEMENT; AUTHORIZING THE REGISTRATION OF THE 2002 BONDS UNDER A BOOK- ENTRY SYSTEM; APPROVING THE FORM OF A PRELIMINARY OFFICIAL STATEMENT AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN OFFICIAL STATEMENT RELATING TO THE 2002 BONDS; AUTHORIZING THE USE BY THE UNDERWRITER OF THE PRELIMINARY OFFICIAL STATEMENT RELATING TO THE 2002 BONDS; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PAYING AGENT AND REGISTRAR AGREEMENT RELATING TO THE BONDS; PROVIDING FOR A BOND INSURANCE POLICY FOR THE BONDS PROVIDED BY FINANCIAL SECURITY AS SURANCE, INC.; AUTHORIZING THE PROPER OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE AS TO THE SALE AND DELIVERY OF THE BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. -10- 12/03/02 (The official copy of Resolution No. 92-02 is on file in the City Clerk's office.) Ms. McCarthy moved to approve Resolution No. 92-02, 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.E. BONUS PAYMENT TO JCD SPORTS GROUP: Consider approval of FY 2002 bonus payment to JCD Sports Group for golf operations in the amount of $13,650 and for Tennis Center operations in the amount of $2,360. Funding is available from 445-4711-572- 34.90 (Delray Beach Municipal Golf Course Fund/Other Contractual Services), 446-4711-572- 34.90 (Lakeview Golf Course/Other Contractual Services), and 001-4215-575-34.90 (General Fund/Other Contractual Services). Robert A. Barcinski, Assistant City Manager, stated this is a request to consider the bonus payment per the contract to JCD Sports Group, Inc. fiscal year 2002 for golf operations in the amount of $13,650 and $2,360 for tennis operations. Mr. Barcinski stated there is one difference in the point total and noted he does not recommend the 10 points awarded for the mystery shopper score for the Lakeview Golf Course. Mrs. Archer moved to approve staff's recommendation of a bonus payment to JCD Sports Group, Inc. for fiscal year 2002 for golf operations in the amount of $13,650 and $2,360 for Tennis Operations, 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. 9.F. CONDITIONAL USE REQUEST/ALBATROSS CHILD CARE CENTER: Consider a request for conditional use approval to allow the establishment of a child care facility for Albatross Child Care Center, located at the southeast corner of Albatross Road and Curlew Road. (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. Mrs. Archer, Mr. Perlman, Mayor Schmidt, and Ms. McCarthy stated they had no ex parte contacts. Mr. Levinson stated he had a conversation with Darlene Lang. Jeff Costello, Principal Planner, entered the Planning and Zoning Department project file #2002-284 into the record. This proposal involves a request to convert an existing 3,122 square foot residential triplex to a 2,060 square foot child care facility, which will accommodate up to 40 children with ages ranging from infant to 5 years. -11- 12/03/02 At its meeting of September 23, 2002, the Planning and Zoning Board held a public hearing in conjunction with the request. There was concern expressed related to the traffic associated with the project and safety concerns associated with vehicles coming to the child care center from outside of the neighborhood. After discussing the proposal, the Board voted 4 to 0 (Borchardt abstained; Krall and Pike absent) to table the request for two months (November 18, 2002) to allow the applicant to prepare a market feasibility study and meet with the neighborhood. At its meeting of November 18, 2002, the Planning and Zoning Board held a public hearing in conjunction with the request. There were a significant amount of persons that spoke against the proposed day care center. Their concerns primarily related to traffic volumes associated with the child care center, vehicular circulation, and pedestrian safety. In addition, a petition containing 565 signatures and four letters opposing the proposed day care center were submitted to the Planning and Zoning Board. After reviewing the staff report and discussing the proposal, the Board unanimously voted 6-0 (Jess Sowards absent) to recommend that the request be denied, based on the failure to make positive findings with respect to Housing Element Policy A-12.3 of the Comprehensive Plan and Section 2.4.5(E)(5) of the Land Development Regulations, and that the use would have a significant detrimental effect on the stability of the neighborhood. Since the Planning and Zoning Board meeting, Mr. Costello stated staff had the City Engineer take a closer look at the traffic associated with the development proposal. Randal Krejcarek, City Engineer, stated he received a copy of the traffic report from Mr. Costello for this proposal. Mr. Krejcarek stated they do not have existing traffic data for the neighborhood but staff has done similar counts in similar neighborhoods within the City and based on the location of this neighborhood and the grid pattern of the streets within this neighborhood, the majority of the traffic that is within the neighborhood is generated from the neighborhood. Mr. Krejcarek stated the report indicated that the proposal would generate 156 additional trips per day and commented that he believes those trips are going to be concentrated on Albatross Road (north/south street) and Curlew Road (east/west street) to the subject area. Mr. Krejcarek stated if a traffic count were to be done he would expect the existing traffic volumes on the majority of the streets the daily trips to be approximately 150 trips per day with Curlew Road and Albatross Road possibly getting up to 200 trips per day if not higher. Mr. Krejcarek stated the park that is located north of the subject area is a neighborhood park and the majority of the people that would visit this park would be from the neighborhood. Therefore, Mr. Krejcarek stated there would not be a significant amount of traffic generated from outside the neighborhood to visit the park. Mr. Krejcarek stated the additional 156 trips for this development would be distributed amongst Curlew Road and Albatross Road and he sees this as a significant impact to the neighborhood. Sergio Catenazzo, 2601 N.E. 26th Terrace, Boca Raton (owner/applicant), stated it took several months working with the Planning and Zoning staff to get the proposal to this stage in the process (i.e., traffic studies, review of the plans, etc.) and commented that he followed the instructions that were given to him by the Planning and Zoning Board. Mr. Catenazzo stated that typically child care businesses belong in multi-family areas. Mr. -12- 12/03/02 Catenazzo stated any new child care facility regardless of its size has to go through the Conditional Use approval process. Mayor Schmidt declared the public hearing open. Joseph Kamarata, 764 Avocet Road, Delray Beach, and President of Tropic Palms Homeowners' Association~ stated he is opposed to opening a business in his neighborhood and feels that a business should be placed in a business neighborhood. In addition, Mr. Kamarata expressed concern that this proposal would generate more traffic and feels this is a safety issue as well. Mr. Kamarata urged the Commission to deny the Conditional Use request. Judi Ferel, 521 Curlew Road, Delray Beach, stated there is a possibility that Commission does not have a good background of what went on at the last meeting and commented that many people spoke against the proposal. Ms. Ferel stated there were real estate letters indicating that this would affect the property values and experts in the field of real estate who spoke. In addition, Ms. Ferel stated she brought in a petition signed by approximately 330 people opposing the child care facility. Furthermore, Ms. Ferel also expressed concern over the impact of traffic, noise, and safety issues and she is opposed to the child care facility being located in her neighborhood. Amber Kenny, 530 Jaeger Drive, Delray Beach, stated she has three children under the age of five and appreciates the need for quality child care. However, Mrs. Kenny stated she is opposed to locating the child care facility in the heart of her neighborhood. Mrs. Kenny stated she believes a business should be located in a business area and not in a residential neighborhood especially when this generates the impact of the traffic that this one would. Mrs. Kenny feels 150 car trips per day is a phenomenal impact in her neighborhood. Furthermore, Mrs. Kenny continued to state that the sidewalks are not adequate and are not completed throughout the neighborhood. Claudia J. Dannell¥, 618 Lindell Boulevard, Delra¥ Beach, stated there are not adequate sidewalks or safety/traffic control devices to handle the additional traffic on the streets. Ms. Dannelly stated currently the impact of traffic is coming from the apartment buildings on both ends of Lindell Boulevard and from Boca. Ms. Dannelly stated she does not want any businesses in her neighborhood that will add additional traffic to their streets. John Bennett, President of Progressive Residents of Delra¥ (PROD) and speaking on behalf of the organization, stated the purpose of the Conditional Use process is to weigh the impact on the surrounding properties. Mr. Bennett stated the Planning and Zoning Department has done this and there was ample evidence that justifies their unanimous decision that this is too much impact on the neighborhood. With regard to the traffic, Mr. Bennett stated the City Engineer has provided additional information this evening and therefore urges the Commission to uphold the decision of the Planning and Zoning Board. There being no one else from the public who wished to address the Commission regarding the conditional use request, the public hearing was closed. -13- 12/03/02 Brief discussion by the Commission followed. With regard to comments expressed by the City Engineer about the comparison to similar neighborhoods, Ms. McCarthy asked what the similar neighborhoods are. In response, Mr. Krejcarek stated Seacrest/DeMda was one of the neighborhoods staff looked at. Furthermore, Mr. Krejcarek stated the Seacrest neighborhood has cut-through streets and the non cut-through streets and this is where one can see a significant difference in the traffic volume. Secondly, Ms. McCarthy inquired about the traffic study the applicant submitted and asked if it was comparable to the conclusion that the City Engineer came to. Mr. Krejcarek stated the numbers he quoted came from this particular study. Mayor Schmidt stated he grew up two blocks from the proposed location and therefore is very familiar with this area. Mayor $chmidt stated he recalls when the triplexes were built on Albatross Road this created a significant traffic impact. As much as he would like to see day care, he feels if the day care facility is established in this location it will make the traffic worse. Therefore, Mayor $chmidt stated he supports the recommendation of the Planning and Zoning Board. Mrs. Archer concurs that this is an inappropriate location for the day care facility and therefore supports denial of the Conditional Use request. Mr. Perlman moved to deny the Conditional Use request, 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 to deny the Conditional Use request passed with a 5 to 0 vote. At this point the time being 7:10 p.m., the Commission moved to the duly advertised Public Hearing portion of the agenda. 10. PUBLIC HEARINGS: 10.A ORDINANCE NO. 47-02 (ADOPTION HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2002-02): Consider on second reading an ordinance adopting Comprehensive Plan Amendment 2002-02 and associated Future Land Use Map (FLUM) amendment. Amendment 2002-02 includes: · Modification of the definitions' section of the Public Schools Facilities Element, by adding numerous new definitions. · Modification of Policy B-2.1 of the Future Land Use Element, regarding Concurrency, to add specific language with respect to Public School Concurrency Review. · Modification of Policy A-2.4 of the Future Land Use Element, regarding the location of the automobile dealerships, to decrease the area which dealerships should be directed to, as a result of a rezoning which expanded the CBD (Central Business District). -14- 12/03/02 Modification of the Inventory and Analysis section of the Coastal Management Element to reflect the recent completion of the Beach Renourishment Project. Modification of the Introduction and Summary of Major Features (Planning Area subsection), Objective B-3 and Policies B-3.1 and B-3.2 of the Future Land Use Element, all regarding the provision of services to land within the planning area. Privately initiated Future Land Use Map amendment from LD (Low Density Residential, 0-5 du/ac) to CC (Commercial Core) for a 0.025 acre parcel of land located on the north side of S.E. 4th Street, approximately 127 feet east of S.E. 6th Avenue (northbound Federal Highway) associated with the Meridian Mixed-Use Development. The caption of Ordinance No. 47-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2002-2 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2002-2" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 47-02 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. Dan Marfino, Principal Planner, stated Comprehensive Plan Amendment 02-2 was transmitted to the Florida Department of Community Affairs (DCA) for review following a public hearing held by the City Commission on October 1, 2002. At its meeting of September 23, 2002, the Planning and Zoning Board considered Amendment 02-2 and recommended approval of the transmittal of the amendment to the Florida Department of Community Affairs. After the review process, DCA declined to issue an Objections, Recommendations, and Comments (ORC) Report regarding Amendment 02-2 and the amendment is not required to return to the Planning and Zoning Board for a second public hearing. -15- 12/03/02 Mr. Marfino explained that Amendment 02-2 includes one (1) privately-initiated Future Land Use Map amendment and five (5) City-initiated text changes. No items have been added, deleted, or otherwise modified since the Transmittal Public Hearing. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 47-02, the public hearing was closed. Mrs. Archer moved to approve Ordinance No. 47-02 adopting Comprehensive Plan Amendment 2002-02 and associated Future Land Use Map (FLUM), 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.B. ORDINANCE NO. 52-02: An ordinance rezoning from R-i-AA (Single Family Residential) to CBD (Central Business District) for a 0.025 acre parcel of land located on the north side of S.E. 4th Street, approximately 127 feet east of S.E. 6th Avenue (northbound Federal Highway) associated with the Meridian Mixed-Use Development. 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. 52-02 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 CBD (CENTRAL BUSINESS) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE NORTH SIDE OF SE 4TH STREET, APPROXIMATELY 127 FEET EAST OF SE 6TH AVENUE (NORTHBOUND FEDERAL HIGHWAY), 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. 52-02 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 read into the record a summary of how a quasi-judicial hearing is conducted by the City of Delray Beach. -16- 12/03/02 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. Jeff Costello, Principal Planner, entered the Planning and Zoning Department project file #2002-354 into the record. Mr. Costello stated the Future Land Use Map (FLUM) amendment and rezoning were approved with the transmittal subject to a condition that a variance application is submitted and approval granted to reduce the rear setback and that the parking associated with the residence is relocated elsewhere on the property. Mr. Costello stated the Historic Preservation Board approved the variance at its meeting of November 6, 2002. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 52-02, the public hearing was closed. Mr. Perlman moved to adopt Ordinance No. 52-02 on Second and FINAL Reading, seconded 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. At this point, the Commission moved to Item 11, Comments and Inquiries on non-agenda items from the City Manager and the Public. ll.A. City Manager's response to prior public comments and inquiries. The City Manager stated a couple of meetings ago there were questions about the status of the dredging in Tropic Isles and commented that the dredging contractor will be back on Monday, December 9, 2002, to finish six locations where Coastal Planning found that the canals were not to the proper depth. Coastal Planning will have a representative on the barge as well as City staff to ensure that each of the remaining locations is satisfactorily brought to the proper depth. The City Manager stated the catch basins are currently being installed on Bolender Street, McCleary Street, Eve Street and Tropic Boulevard except for catch basins next to power poles. As soon as FPL commits to holding the poles, these boxes will be replaced also. The next shipment of catch basins should be delivered later this month. The City Manager stated Allamanda Drive and Banyan Drive are scheduled to start late this month or early in January 2003. 11.B. From the Public. ll.B.1. Jean Beer~ 2145 S.W. 26th Terrace~ Delray Beach~ stated that the City Commission recently voted to approve $10,000 for a post office in Pineapple Grove. Mrs. Beer stated she realizes a post office is very important for the business community and realizes the -17- 12/03/02 good intention of the Commission. However, Mrs. Beer stated she was upset when another business owner came forward and said "why didn't you do it for me?" Mrs. Beer stated we do our very best in this City to help everyone with everything (i.e. non-profit organizations and neighborhood groups). Mrs. Beer feels subsidizing individual business owners is a whole new ball game. Mrs. Beer urged the Commission to reconsider their decision regarding this issue. ll.B.2. Anthony Vocaturo, 2513 Coral Trace Place Delray Beach (Coral Trace), stated similar concerns were expressed this evening over the Albatross Child Care Center (a 40- child day care facility) that the Coral Trace development has been addressing the City Commission with for nearly a year over a 2,500 plus student school being relocated to the area of Atlantic Avenue and Congress Avenue. Mr. Vocaturo stated he finds it amazing that the request for the child care center in addition to ordering a traffic survey has been completed for this project and commented that he has yet to see a traffic survey on the relocation of Atlantic High School. Mr. Vocaturo asked that a traffic survey be done for the area where the high school will be relocated to see what kind of impact this will have on the surrounding area and the intersection at Congress Avenue and Atlantic Avenue. Mr. Vocaturo stated that residents of Coral Trace have the same concerns (i.e. crime, traffic, congestion, safety to the children) with the request for the day care center as the request for the relocation of the high school. ll.B.3. Steve Carlino, owner of AIM Mail Center (255 N.E. 2nd Avenue), Delray Beach, suggested that the Commission may want to check into allegations against one of the people that are starting the CPU concerning allegations of lifestyles, tax reporting, and business practices. Mr. Carlino asked the Commission to further check and practice due diligence on the business deal that is being presenting to the Commission regarding the CPU and encouraged them to thoroughly research the proposal. ll.B.4. Dennis L. Kucmerowski, 2075 N.W. 18th Street, Delray Beach (Rainberry Lake), expressed concerns over the L-30 Canal and stated the canal is being dredged and turned into a ditch. Mr. Kucmerowski stated the same thing has happened to the west portion of the canal and now the Lake Worth Drainage District (LWDD) is moving down the canal and destroying the environment and wildlife. Mr. Kucmerowski stated this canal runs east/west and goes into Lake Ida and is used by the communities. Mr. Kucmerowski presented before and after photos to the Commission of the canal. Mr. Kucmerowski stated the LWDD is in the process of taking the environment and changing it into 8 foot wall blocks. Mr. Kucmerowski asked the Commission to assist in trying to find an alternative method for saving the environment so that everyone can enjoy it. Mayor Schmidt stated he did receive email from Mr. Kucmerowski and asked the City Manager to have staff follow-up on this and contact the LWDD. ll.B.5. Bess Porcelli, 2085 N.W. 18th Street, Delray Beach (Rainberry Lake), stated she built her home thirteen years ago on this particular lot because of it being on the canal. This lot was particularly beautiful as it overlooked Hunter's Run Golf Course with its palm trees as well as the water. Mrs. Porcelli stated she paid extra for the lot because the builder/contractor noted that it was a "waterfront lot" and it cost more. Mrs. Porcelli stated this canal is flanked on -18- 12/03/02 each side by greenery, grass, and various wild shrubs which serve as a haven for many wild and colorful birds. Mrs. Porcelli stated it is a joy to watch these birds and take in all this beauty. Mrs. Porcelli stated if the canal must be dredged she feels it should be done in another manner without disturbing the banks on each side. Mrs. Porcelli stated that the residents do not want to look at dirty concrete blocks with weeds growing from them. Mrs. Porcelli stated the LWDD informed the residents of Rainberry Lake that they would spray the weeds occasionally with some kind of chemical. Mrs. Porcelli stated the residents object to this because it will not only kill the weeds but will destroy the entire habitat around it including the fish and the water that irrigates the adjacent land. Mrs. Porcelli stated if the LWDD proceeds with this project as planned it will disturb the life of the residents, destroy the environmental, and destroy the ambience of the land. In addition, Mrs. Porcelli stated the heavy equipment will crack some of the walls because of the vibration. Mrs. Porcelli stated when the property was purchased they were informed that the land behind their homes was common ground and that they had to stay at least 50 feet away from the water and this common ground belonged to Rainberry Lake development and had to be maintained by the development and part of their maintenance fee reflected this. Mrs. Porcelli does not want to see the beautiful waterway destroyed by making it a ditch. Mayor Schmidt stated the LWDD is a special taxing district and there is a board that is elected based on the number of acreage. Furthermore, Mayor Schmidt informed Mrs. Porcelli that as a member of the public who funds the LWDD she has a right to go to their meetings and express her concerns. The City Manager stated that the LWDD was initially created by the State legislature and suggested that Mrs. Porcelli contact the State legislators as well. Mayor Schmidt suggested that the Board of Directors for Rainberry Lake get involved in proposing some sort of alternative maintenance to them and noted that the City of Delray Beach will do what they can to assist. ll.B.6. Gerald M. Lewandowski, 2125 N.W. 18th Street, Delray Beach (Rainberry Lake), reiterated comments expressed by the two previous speakers that there is an impact on the ecology, the aesthetics, and the safety of the community. Mr. Lewandowski stated the LWDD is changing slopes that are currently 25 degrees and making them 45 degrees and feels this could be very dangerous. Furthermore, Mr. Lewandowski stated he feels his property will be considerably less valuable because of the current condition of the canal. ll.B.7. Caroline Kucmerowski, 2075 N.W. 18th Street, Delray Beach (Rainberry Lake), stated the residents of Rainberry Lake were never informed of any meetings regarding the dredging and the only letter the residents did receive from the LWDD was a letter approximately three weeks ago informing them if they had any trees near the canal to remove them. On November 25, 2002, the LWDD stated they would have someone behind their house to talk to them and were told that the work would start December 2, 2002 and there is nothing the residents can do. Mrs. Kucmerowski stated residents questioned why they were not notified individually and were told by LWDD that the notification was published in the newspaper. Mrs. Kucmerowski asked if there is any legal recourse where the LWDD should have notified the residents of Rainberry Lake so that they could have attended meetings and would have been given a chance to speak. -19- 12/03/02 The City Attorney suggested that Mrs. Kucmerowski do a public records request to the LWDD for copies of all their notices and/or advertisements in addition to requesting all their rules and regulations governing notices. Mayor Schmidt also suggested that Mrs. Kucmerowski access the website for the LWDD and also obtain minutes from their meeting. ll.B.8. Alice Finst~ 707 Place Tavant~ Delra¥ Beach~ expressed concern about the advertisements on the signs that are being hung on the banner posts on Atlantic Avenue. Mrs. Finst stated at the time the agreement was discussed regarding the signs the consensus was that there would be no commercial advertising, no logos and would only indicate seasonal activities and things of that kind. Mrs. Finst continued to state that she does not want to go back on the promise that was given when the posts were put up for banners that they remain for banners only. Mrs. Finst complimented the City Clerk staff for assisting her with requests and commented that the staff is extraordinary. Mrs. Finst stated she requested some information from the Code Enforcement division, on a Friday at 5:20 p.m. she received a telephone call from Norma Smith explaining that she was in meetings all day but wanted to make sure Mrs. Finst received the information she requested. Mrs. Finst stated she feels the City staff goes above and beyond to assist the public and she is very appreciative of this. ll.B.9. John Bennett~ 137 Seabreeze Avenue~ Delra¥ Beach~ speaking on behalf of Milton Myers Post #65 of the Florida Department of the American Legion, he stated the legion is not just a place for old soldiers to go and recount the good 'ole times of camaraderie but they actually run many youth programs in particular the Boy Scouts. Mr. Bennett stated the City Manager was heavily involved in the Boy Scouts and was once in the Navy. Mr. Bennett stated after active duty the City Manager stayed in the Reserves and rose to the rank of Captain. The American Legion Post #65 recently voted the City Manager an honorary membership in the Post and explained that he is here to deliver the membership card to the City Manager. At this point, the Commission moved to Item 9.G., Proposal/Village Foundation. 9.G. PROPOSAL/VILLAGE FOUNDATION: Consider approval of a proposal from the Village Foundation, Inc. for a partnership with the Delray Beach Parks and Recreation Department for teen programming at Pompey Park in the amount of $23,000.00. Funding is available from 115-4101-572-49.90 (Special Projects Fund). Joe Weldon, Director of Parks and Recreation, stated the proposal provides for a partnership regarding teen programming at Pompey Park with funding in the amount of $23,000. The program will consist of academic enrichment, cultural activities, sports/recreation activities, and community involvement activities. Mr. Weldon explained that $23,000 will be used to fund three activity leaders at 20 hours a week for 28 weeks and to buy some program supplies. The City Manager stated with regard to Objectives #2 & #3 and he has discussed this with Mr. Ridley and his staff. The City Manager stated those objectives are also in other grant applications for funding that they have received from other sources and an increase of three percentage points in the scores is a challenging objective based on experience of other similar groups around the country. -20- 12/03/02 Mr. Perlman stated this is a very exciting and comprehensive proposal. Mr. Perlman feels it is very innovative that the City is doing these kinds of things and commended Mr. Weldon for his efforts. The City Manager stated one of the things the Commission has expressed has been the need for more teen activities. The City Manager stated the teen center is being started and this is another effort to create activities for teenagers. Mrs. Archer stated this is excellent that there are more programs being created for teens and she applauds this program. Ms. McCarthy stated she believes that there was previous discussion about bringing additional programs to Pompey Park and she thinks this is a very constructive move. Ms. McCarthy stated she is very pleased to see this happening and extended a special thanks to everyone involved. Ms. McCarthy moved to approve the proposal with the Village Foundation to add a 28-week After School Program for teens at Pompey Park, 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. 9.H. RESOLUTION NO. 94-02: Consider approval of Resolution No. 94-02 authorizing the acquisition of property by eminent domain for parking purposes. The caption of Resolution No. 94-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE ACQUISITION OF FEE SIMPLE TITLE TO CERTAIN REAL PROPERTY HEREAFTER DESCRIBED FOR THE PUBLIC PURPOSE OF CLEARING TITLE TO THE SUBJECT PROPERTY, FOR PROVIDING PUBLIC PARKING IN DOWNTOWN DELRAY BEACH AND FOR STIMULATING ECONOMIC DEVELOPMENT IN THE DOWNTOWN AREA OF THE CITY OF DELRAY BEACH; DECLARING THAT THE ACQUISITION OF THE PROPERTY IS NECESSARY FOR SAID PUBLIC PURPOSE; AUTHORIZING THE HIRING OF LEGAL COUNSEL, APPRAISERS, AND EXPERTS IN OTHER DISCIPLINES AND THE FILING OF EM1NENT DOMAIN PROCEEDINGS PURSUANT TO CHAPTERS 73 AND 74, FLORIDA STATUTES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (The official copy of Resolution No. 94-02 is on file in the City Clerk's office.) The City Attorney stated Resolution No. 94-02 is a resolution seeking -21- 12/03/02 authorization to commence eminent domain. Furthermore, the City Attorney stated that the City has an Interlocal Agreement with the CRA to transfer to them certain lands that will be transferred eventually to Worthing Place. It has been found that there is a reverter in two deeds for the North 16 feet of Lot 7 & Lot 13. The City Attorney continued to state that the reverter has been sold and she does not feel this is appropriate because the City has rights to the property. The City Attorney stated and the quickest way to resolve this is by eminent domain procedures so that the City can obtain the land which will assist the City in meetings its responsibilities under the contract with the CRA. At this point, the City Attorney stated a letter of objection from Dharma (a copy is attached hereto and made an official part of the minutes) has been provided to the Commission and stated Mr. Romano is here this evening and he has been informed that this is not a public hearing item. Mayor Schmidt stated he gave a copy of Mr. Romano's letter to the City Clerk to enter into the record and asked if the Commission wishes to take any comment from Mr. Romano. It was the consensus of the Commission to not take any comment from Mr. Romano. John Romano, Independent General Counsel on behalf of Dharma Properties, stated for the record he appeared before the Commission this evening and stated he sent two letters that set forth the objections so that would serve as notice of the objections. Mayor Schmidt so noted. Mr. Levinson moved to approve Resolution No. 94-02, 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. 9oL CLARIFICATION/APPEAL OF HISTORIC PRESERVATION BOARD/TREE HOUSE: Consider a request from the City Attorney for the purpose of clarification regarding the motion made on November 19, 2002. The City Attorney stated the City Commission did not have three affirmative votes to approve the appeal regarding the tree house as required by the Charter and thus the appeal was not approved. However, the vote was phrased in the negative i.e. to deny the tree house, which received a 2 to 2 vote. In order to clarify the record, the City Attorney suggested that the Commission vote to rescind the previous motion and make a new motion in the positive. Furthermore, the City Attorney stated since Mrs. Archer was not present at the last meeting to hear all the testimony presented, it would be inappropriate for her to vote on this matter. At this point, Mrs. Archer stepped down with direction from the City Attorney. Mr. Perlman moved to approve to rescind the previous motion made on November 19, 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. Said motion passed with a 4 to 0 vote. -22- 12/03/02 Mayor Schmidt stated he received correspondence from the applicant today and read the following conditions into the record as listed by the applicant: Perimeter Landscaping on U.S. Highway A1A ("A1A") A landscaping barrier for the purpose of screening the tree house shall be maintained on the property line abutting A1A, which landscaping shall be maintained at a height of at least 14 feet above grade (current average height of existing vegetation that services to screen the tree house). Failure to correct barrier height within 30 days of written notice from the City and the tree house would have to be removed. 2. Reconstruction If the tree house is damaged or destroyed by an Act of God the tree house would have to be removed. 3_ Permitting The tree house shall be required to obtain all necessary building permits within 2 months of approval. The applicant shall pay triple fees for building permits pursuant to the provisions of Section 2.4.6(A)(3) of the Land Development Regulations. 4. Time Limit The tree house shall be removed from the existing location within five (5) years of the date of the rendition of this order. Ms. McCarthy moved to approve the appeal subject to the applicant's conditions, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - No; Mr. Levinson - No. Said motion failed due to a 2 to 2 tie vote, upholding HPB's decision. 9.J. APPOINTMENTS TO THE PEDESTRIAN-BICYCLE TASK TEAM: Appoint seven (7) members to the Pedestrian-Bicycle Task Team. According to Resolution No. 88-02, each member of the City Commission will appoint members to the Pedestrian-Bicycle Task Team with the task team membership electing a Chairperson. Based on the rotation system, the appointments will be made by Commissioner Perlman (Seat #1), Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), and Mayor Schmidt (Seat #5). For clarification, Mayor Schmidt stated the draft of the resolution stated that the Mayor was to appoint the Chair. However, the resolution that was actually approved said that the Task Force would select the Chair from among its members. Mr. Perlman moved to appoint Eileen Marks as a member to the Pedestrian- Bicycle Task Team, 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. -23- 12/03/02 Mrs. Archer moved to appoint Albert Richwagen as a member to the Pedestrian- Bicycle Task Team, 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. Mr. Levinson moved to appoint Rich Connell as a member to the Pedestrian- Bicycle Task Team, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. Ms. McCarthy moved to appoint James Smith as a member to the Pedestrian- Bicycle Task Team, 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. Mayor Schmidt moved to appoint Bob Griek as a member to the Pedestrian- Bicycle Task Team, 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. Mr. Perlman moved to appoint Stefanie Gapinski as a member to the Pedestrian- Bicycle Task Team, 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. Mrs. Archer moved to appoint Leslie Horenburger as a member to the Pedestrian- Bicycle Task Team, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 12. FIRST READINGS: 12.A. ORDINANCE NO. 53-02: An ordinance modifying Ordinance No. 4-99 by amending Subsection 4.6.9(E), "Location of Parking Spaces" of the Land Development Regulations to extend the In-Lieu of Parking Fee regulations. If passed, a public hearing will be scheduled for January 7, 2003. The caption of Ordinance No. 53-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION 4.6.9(E), "LOCATION OF PARKING SPACES", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR REVISED IN LIEU OF PARKING -24- 12/03/02 REGULATIONS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 53-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. The City Attorney noted a correction to Section 5 of the ordinance and stated the word "also" should be inserted so that it reads as follows: "That this ordinance shall also apply to all in-lieu parking fee agreements previously entered into..." Brian Shutt, Assistant City Attorney, stated this ordinance replaces a previously adopted ordinance by the City Commission that contained a sunset provision. Mr. Shutt stated that this ordinance does not change anything else and emphasized the only thing staff has done is remove the sunset provision from the previously adopted ordinance. Mr. Perlman stated several months ago he suggested that we take another look at the in-lieu fees and feels these things should be looked at periodically. Mr. Perlman stated he would like to see this reviewed by the DDA, Parking Management, Planning and Zoning, and the CRA to have a range of opinions on whether the fees or the financing are still working the way the Commission would like it to. The City Manager stated this kind of review is certainly appropriate at this stage. However, because of the sunset date and the ongoing things happening the ordinance needs to be in place. The City Manager recommended that the Commission adopt this as is and at the same time direct that it be reviewed by these various bodies to recommend appropriate changes. Mrs. Archer stated she supports this recommendation and feels it is time for an overall review. Mr. Perlman stated that not only would he like to see the collection of funds but would also like to see a traffic analysis completed to see the impact of the traffic patterns as well. Mr. Perlman continued to state that he would also like to see what this is doing in terms of development and commented that the most expensive fees are the ones that cannot be financed. Mrs. Archer moved to approve Ordinance No. 53-02 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 54-02: An ordinance revising Ordinance No. 51-02 to clarify that Lot 3 of Block 2 and Lot 3 of Block 3 of the Silver Terrace Subdivision are included in Ordinance No. 51-02. If passed, a public hearing will be scheduled for January 7, 2003. The caption of Ordinance No. 54-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY -25- 12/03/02 OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 51-02 BY AMENDING SECTION 1 CLARIFYING THAT THE LOTS REFERRED TO IN PARAGRAPH 5(a) INCLUDE LOT 3; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 54-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. The City Attorney explained that this ordinance is for clarification purposes only. Mr. Levinson moved to approve Ordinance No. 54-02 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 12.C. ORDINANCE NO. 55-02: An ordinance amending Chapter 111, "Advertising" of the City Code of Ordinances by enacting a new Section 111.18, "Distributing Commercial and Non-Commercial Handbills in Public Places". If passed, a public hearing will be scheduled for January 7, 2003. The caption of Ordinance No. 55-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XI, "BUSINESS REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING CHAPTER 111, "ADVERTISING", BY REPEALING SECTION 111.18, "DISTRIBUTING COMMERCIAL AND NON-COMMERCIAL HANDBILLS IN PUBLIC PLACES" IN ITS ENTIRETY IN ORDER TO PROVIDE AN UPDATED ORDINANCE REGARDING SAME BY ENACTING A NEW SECTION 111.18, "DISTRIBUTING COMMERCIAL AND NON-COMMERCIAL HANDBILLS IN PUBLIC PLACES"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 55-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. The City Attorney stated staff is reviewing the Code and working on updating some of the codes that deal with commercial and non-commercial speech because of recent Supreme Court rulings. -26- 12/03/02 Ms. McCarthy asked if this ordinance applies to people who would have a "Missing Child" notice or a "Missing Pet" notice and what procedure could they take if this does apply to them. In response, the City Attorney stated that was never permitted. Mr. Levinson commented about handbills on cars and stated this has become a problem in some of the parking lots because the handbills end up on the ground. Mr. Levinson continued to state that there is a separate section of the code that deals with placing things on automobiles which is prohibited. Ms. McCarthy asked how the public will be informed about this. The City Manager stated the public would be informed by either another employee that is aware of it or if a Police officer sees someone violating this they would inform that person they cannot do it. Mr. Levinson moved to approve Ordinance No. 55-02 on FIRST Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - No; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 1 vote. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager. The City Manager had no comments or inquiries on non-agenda items. 13.B. City Attorney. The City Attorney announced that the City closed on the Atlantic High School property on Monday. 13.C. 13.C.1. City Commission. Commissioner Levinson Mr. Levinson stated he has noticed that a lot of signs are being made from plywood for events at the entryways and commented that there must be a cost to this. Mr. Levinson continued to state that at one time the City looked into an electronic sign board at the entryways and stated he is curious whether the City could up the fee (in many cases these are private events) i.e. to place the sign there and then use that to offset the cost of buying an electric sign. Mr. Levinson stated he feels people would prefer an electric sign whether it is a boxing event or tennis tournament or something else. Mr. Levinson suggested that staff look into having an electric sign board and then use these fees that people are being charged for signage or if we are not charging people then start charging them for a sign shop to be making them and use that to offset the cost. Mrs. Archer stated she would be opposed to this because she feels it is much more quaint and village-like to have these nice little signs. -27- 12/03/02 Mr. Levinson stated he has a problem making the DDA Meeting at lunch (Wednesday, December 18, 2002 at noon) because he now has another meeting that day. Mr. Levinson stated he is the DDA representative and commented that he would be more than happy to trade off with an evening event. Mayor Schmidt stated he can attend the DDA Meetings for the next few months and then at the re-organizational meeting the Commission can decide who can take over from there. Mr. Levinson stated as everyone knows the City has sent a letter to the Coral Trace Homeowners' Association with a number of offers and inquired if the City has heard back from them. In response, the City Attorney stated that the City has heard back from the Coral Trace Homeowners' Association and was really a request for further information to see if it had the support of the School Board staff and also requesting the latest site plan. Mr. Levinson stated last year Commissioner Perlman suggested that the Commission have a Holiday Party for the City staff and asked if the Commission would like to do again this year. It was the consensus of the Commission to have a Holiday Employee Reception for all City staff on Tuesday, December 10, 2002 from 3:30 p.m. until 6:00 p.m. at the Community Center. Mr. Perlman suggested that a City-wide email be sent to all employees as was done last year. 13.C.2. Commissioner McCarthy Ms. McCarthy stated she has already wished everyone a Happy Ramadan and now would like to wish everyone a Happy Chanukah, a Merry Christmas, and Happy Kwanzaa. 13.C.3. Mayor Schmidt Mayor Schmidt stated his secretary's brother lives in Boston and noted an article was published in the Boston Globe Travel section on Delray Beach. Mayor Schmidt stated he has the on-line version of the article and stated the Chamber of Commerce made copies for the City Commission. Mayor Schmidt commented about his letter to TransMedia Group in response to their invitation to come to the opening of Seville (formerly Shootersville) tomorrow night. Mayor Schmidt stated he received a response in writing from the owners that states they are not going to do anymore hip-hop nights. Mayor Schmidt stated Mr. Levinson asked a question about the sober houses and the Drug Task Force taking the lead on this issue. Mayor Schmidt asked Mrs. Archer to be prepared next week to give a report to the Commission regarding the sober houses. 13.C.4. Commissioner Perlman Mr. Perlman asked whether or not the boxing event was cancelled. In response, the City Manager stated the boxing event was cancelled because they did not get a sponsor. -28- 12/03/02 With regard to comments expressed a few meetings ago by Steve Carlino, Mr. Perlman stated he had made comments about the fact that he is puzzled by what happened with Pineapple Grove and asked if the City has received a response from their Board. Mr. Perlman stated he has second thoughts about the whole situation and feels he should have been more vocal about what the Commission will do in year two and three, etc. Mr. Perlman stated he would like more information on Pineapple Grove. The City Attorney stated this is being worked on with the CRA and the City with regard to the contribution. 13.C.5. Commissioner Archer Mrs. Archer stated she is very sorry that she missed the Tree Lighting Ceremony and commented this is the first year she has missed the event and the reason being she was ill. In addition, Mrs. Archer stated she is very excited to see Delray doing some very nice things. at 8:30 p.m. There being no further business, Mayor Schmidt declared the meeting adjourned City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on December 3, 2002, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. -29- 12/03/02 With regard to comments expressed a few meetings ago by Steve Carlino, Mr. Perlman stated he had made comments about the fact that he is puzzled by what happened with Pineapple Grove and asked if the City has received a response from their Board. Mr. Perlman stated he has second thoughts about the whole situation and feels he should have been more vocal about what the Commission will do in year two and three, etc. Mr. Perlman stated he would like more information on Pineapple Grove. The City Attorney stated this is being worked on with the CRA and the City with regard to the contribution. 13.C.5. Commissioner Archer Mrs. Archer stated she is very sorry that she missed the Tree Lighting Ceremony and commented this is the first year she has missed the event and the reason being she was ill. In addition, Mrs. Archer stated she is very excited to see Dekay doing some very nice things. at 8:30 p.m. There being no further business, Mayor Schmidt declared the meeting adjourned City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on December 3, 20/0/2, 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- 12~3~2 DEC-O3-OZ lS:45 John F, Roma,,o E~rd C~mpbcU Jo~l S. Crun,n M ID Nheh~el [.1. F. nk~cn Sr~c~y D ,~,l~lhns Eric Romanu Stanl~ E Prc~r ¢,f Coun~l [,¢.~,n~d ,, tv'V , KY* FROM-ROI~NO ERIKSEN CRONIN 1-$61-533-IZ8~ '~ ROMANO ~ ER, I K. SEN CRONIN ' MULLINS ~ I..~, P,~KI'~EeSHH. / PROFF~slo'~,~L A~SOCIAIIO~ T-336 P 02/05 December 3, 2002 vIA FAX - 561/278-4755 and HAND DELIVERY The Honorable David Schmid: Mayor, City of Delray Beach 200 Northwest First Avenue De!ray Beach, Florida 33444 Dear Mayor Schmidc: I represent Dharma Properties. Dharma Properties objects co and opposes Resolution 94-02. Our objections include the .following grounds: lack of adequate, timely, and sufficient notice; unfairness; an at:empced taking of property and property rights unnecessarily and unreasonably from one citizen :o fulfill and enhance uhe goals and desires of another private developer; lack of due process; illegal!cy; vague- ness and ambiguity of the Resolution itself and its supporting documentation; constitutionally viola=ire of Dharma's righus as a ciuizen and properuy owner; au=empu to leverage City's position and Block 77 Developmen~ Group°s position in and due to pending li=i~auion be=ween and among Dharma and uhe Ciuy of Delray Beach and the Block 75 Development Group; lnadequaue and insufficient legal and equicab!e suppor~ for che ~esolu:ion; and denial of equal pro=ecc~on of the laws. Please consider chis letter objecting co and opposing the Resolu- tion along with my previous leu=er ~0 you dace~ November 19, 2002 (a copy of which is attached co and made a parc of ~his le~er). Our ob3eccion is co =he Resolution. Our objection ~s ~o =he procedure allowing for the Resolution to become an icem on the OFFICE ,~DDRESS. ILg,)g [.3kc A~cnue. La~c ~Vurth FL :I~-~6L,-¥;'09 ~,' ~AILI~qC &ODRI:;~i~:- PO !~,: 21~.~9, Wc,~ P.dm [kach. FL .~16-1349 PHONE: 5¢,1 53367(1{') I I'AX, 561 533 12~$ [ Ea~AIL johnrola-~:~nlcom I WWW rom=nuhl[:~,~=ttnncom 12/03/02 TUE I5:45 [TX/RX NO 5730] C)EC-O3-OZ 15:45 FROM,-.RO~NO £RIKSEN CRONIN 1-561-533-IZ85 T-336 P 03/05 F-ZSB ' The Honorable David Schmidt Mayor, City of Delray Beach Page Two December 3, 2002 agenda. Our objeccion includes allowing the maccer co move forward on che agenda this evening. We specifically requesc the maccer be removed from che agenda. Slncerely, JOHN F. ROMANO JFR:bl Enclosure cc: Susan A. Ruby, Cicy Atcorney David T. Harden, City Manager (Via Fax - 561/278-4755 and Hand Delivery) (Via Fax - 561/278-4755 and Hand Delivery) 12/03/02 TLTE 15:45 [T.~/RX NO 5730]