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07-16-02JULY 16~ 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 6:02 p.m., Tuesday, July 16, 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 - City Manager David T. Harden City Attorney Susan A. Ruby City Clerk Barbara Garito o House. The opening prayer was delivered by Rabbi Suzanne Carter with the Tzedakah o The Pledge of Allegiance to the flag of the United States of America was given. o AGENDA APPROVAL. Mayor Schmidt noted the addition of Item 9.G. Purchase of Properties and Item 9.H. Resolution No. 63-02 to the Regular Agenda by addendum. In addition, Mayor Schmidt noted that the Commission should have copies of ordinances for Items 12.A. & 12.B. which were inadvertently left out of the Agenda packets. The City Attorney stated that there is a change to Item 8.A. Resolution No. 55-02 of the Consent Agenda and noted the addition of condition #4 as listed on Page 5 of the Planning and Zoning Board Staff Report relating to the erection of a gate requiring the permission of the Estuary property owners. Ms. McCarthy moved to approve the Agenda as amended, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. o APPROVAL OF MINUTES: Mr. Perlman moved to approve the Minutes of the Regular Meeting of July 2, 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. Mrs. Archer moved to approve the Minutes of the Special Meeting of July 9, 2002, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. o PROCLAMATIONS: None. o PRESENTATIONS: 7.A. Hamlet Country Club Donation: Delra¥ Beach Fire Rescue and Delra¥ Beach Police - Perry DonFrancisco Perry DonFrancisco, owner of Boston's Restaurant, stated the Hamlet Country Club hosts an annual charity event during the month of March and was completed with a golf tournament and brunch. Mr. Francisco stated this year the Hamlet chose to donate funds to the Delray Beach Police, Delray Beach Fire Department and a portion to the Delray Citizens for Delray Police. Mr. DonFrancisco introduced Mr. Stanley List, President of the Hamlet who presented further details on the generous contributions his community has gifted to the City of Delray Beach. Stanley List, President of the Hamlet, stated $5,000 is being donated to the Delray Beach Public Library, $15,000 to the Police Department, $15,000 to the Fire Department, and $4,000 to the Delray Citizens for Delray Police. Mr. List stated he hopes to do this on a continuing basis every year and raise additional funds. At this point, Mr. DonFrancisco presented Chief Larry Schroeder with a check in the amount of $15,000 and presented Fire Chief Kerry Koen with a check in the amount of $15,000. Chief Koen stated he is delighted that this event has been so successful and thanked all the residents in the Hamlet for their continued support and generous donation. Chief Schroeder also thanked the Hamlet for their generous donation. On behalf of the City Commission, Mayor Schmidt thanked Mr. List and the residents of the Hamlet for their tremendous generosity. 7oCo Distinguished Budget Award Mayor Schmidt presented Joseph Safford, Finance Director, with the Distinguished Budget Award. Mr. Safford came forward to accept the award. -2- 07/16/02 8_ CONSENT AGENDA: City Manager Recommends Approval. 8.A. RESOLUTION NO. 55-02: Approve Resolution No. 55-02 abandoning a portion of Royal Palm Boulevard, located on the east side of north Federal Highway, approximately 3,600 feet south of Gulf Stream Boulevard, in conjunction with Old Palm Grove Development. The caption of Resolution No. 55-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF ROYAL PALM BOULEVARD RIGHT-OF-WAY, LYING EAST OF FEDERAL HIGHWAY, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT AND AN INGRESS/EGRESS EASEMENT FOR PUBLIC ACCESS OVER THE ENTIRE AREA THEREOF, AS MORE PARTICULARLY DESCRIBED (The official copy of Resolution No. 55-02 is on file in the City Clerk's office.) 8ogo RESOLUTION NO. 61-02/VANTAGE CARE RETIREMENT HEALTH SAVINGS PLAN: Approve Resolution No. 61-02 adopting the Vantage Care Retirement Health Savings Plan. The caption of Resolution No. 61-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A RETIREMENT HEALTH SAVINGS PROGRAM; PROVIDING FOR CONFLICTS; SUPERSEDING AND REPEALING PREVIOUS PLANS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 61-02 is on file in the City Clerk's office.) 8.C. RESOLUTION NO. 62-02/ABANDONMENT AND ACCEPTANCE OF UTILITY EASEMENTS/DELRAY LINCOLN MERCURY: Approve Resolution No. 62-02 abandoning a portion of a 12 foot wide water distribution easement lying within tract "A" of Delray Lincoln Mercury Plat No. 2, and acceptance of a 12 foot wide water distribution easement deed located approximately 20 feet to the north. The caption of Resolution No. 62-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND -3- 07/16/02 ABANDONING A PORTION OF A 12 FOOT WATER DISTRIBUTION EASEMENT LYING WITHIN TRACT "A" OF DELRAY LINCOLN MERCURY PLAT NO. 2 (PB 82, PGS 14- 15), AS MORE PARTICULARLY DESCRIBED BY EXHIBIT (The official copy of Resolution No. 62-02 is on file in the City Clerk's office.) 8.D. SERVICE AUTHORIZATION NO. 2/KIMLEY-HORN, INC.: Approve Service Authorization No. 2 to Kimley-Horn, Inc. for the design of Seacrest Neighborhood Improvements Phase IV in the amount of $111,000.00. Funding is available from 370-3162- 541-65.43 (Lake Ida Road North). 8.E. FINAL SUBDIVISION PLAT APPROVAL/ANTIQUE EXPERIENCE: Approve the boundary plat for Antique Experience, located on the southeast corner of S.E. 5th Avenue and East Atlantic Avenue. 8.F. CHANGE ORDER NO. 2/FINAL PAYMENT/GTE BUILDERS, INC.: Approve Change Order No. 2 in the amount of $9,617.94 and final payment in the amount of $65,583.45 to GTE Builders, Inc. for the City Marina Improvements and Sarah Gleason Park Improvements Project. Funding is available from 334-4181-572-63.90 (General Construction Fund/Other Improvements). 8.F. CHANGE ORDER NO. 2/FINAL PAYMENT/ROSSO PAVING & DRAINAGE, INC.: Approve Change Order No. 2 in the deduct amount of $48,989.85 and final payment in the amount of $35,489.91 to Rosso Paving & Drainage, Inc. for the NW 18th Avenue Improvements Project. Funding is available from 442-5178-536-63.90 for $25,685.70 (Water & Sewer/Other Improvements) and 334-6111-519-46.90 for $23,304.15 (General Construction Fund/Other Improvements). 8.G. THIRD AMENDMENT TO PALM BEACH COUNTY/WEED AND SEED PROGRAM AGREEMENT: Approve Amendment No. 3 to the Interlocal Agreement between the City of Delray Beach and Palm Beach County for the Weed and Seed Program, extending the City's services as fiscal agent until September 30, 2003. 8.H. AMENDMENT TO SOUTH PALM BEACH COUNTY PUBLIC SAFETY COMMUNICATIONS COOPERATIVE/PALM BEACH COUNTY AGREEMENT: Approve Amendment No. 2 to the interlocal agreement between the South Palm Beach County Public Safety Communications Cooperative and Palm Beach County for use of a portion of the County's Trunked Radio System (SmartZone Controller). 8.1. RCC CONSULTANTS, INC. AGREEMENT: Approve an agreement between the City and RCC Consultants, Inc. in the amount of $22,299.00 for the development of a licensing package for two (2) additional frequencies on the 800 MHz communications system and consulting services. -4- 07/16/02 8.J. FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT/ GOODISON PARK ESTATES: Authorize the City to act as the utility permit applicant for the construction of a water main extension within the state right-of-way (south of Linton Boulevard and on the east side of A-l-A) and approve a Hold Harmless Agreement with the developer (L.D.J.B. Development, L.L.C.). 8.K. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve fund subsidies for four (4) eligible applicants/families in the amount of $21,285.00 for 3302 Spanish Wells Drive C, $19,238.00 for 2809 Zorno Way #3-A-2, $21,375.00 for NW 5th Avenue, and $18,226.00 for NW 6th Avenue. This brings the number to 147 homeowners assisted under the Renaissance Program. Funding is available from 118-1924-554-83.01 (SHIP Program). 8oLo REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period July 1, 2002 through July 12, 2002. 8oKo AWARD OF BIDS AND CONTRACTS: 1_ Contract award to Pioneer Contracting, Inc. in the amount of $116,886.55 for the Delray Shores Enhancements - Udell Lane Project. Funding is available from 334-6111-519-63.89 (Neighborhood Enhancements). 2_ Contract award to Conquest Engineering, Inc. in the amount of $304,534.00 for the Seacrest Neighborhood Improvements Phase III, Water Main Upgrades project. Funding is available from 442-5178-536-65.03 (Seacrest/Del-Ida). 3_ Purchase award to Fisher Scientific Company in the amount of $46,560.00 via the Broward Co-op Bid for replacement fire fighting personal protective clothing. Funding is available from 001-2311-522-52.22, 001-2313- 522.52.22, 001-2315-522.52.22, and 001-2317-522.52.22 (Uniforms/Linen). ° Purchase award to Chemical Lime Company at an estimated annual cost of $314,241.50 via the City of Boynton Beach Co-op Bid #052-2821-02/KR for bulk quicklime for the City of Delray Beach. Funding is available from 441- 5122-536-51.21 (2002-2003 Budget). ° Bid award to Signcraft, Inc. in the amount of $18,134.00 for the installation of seventy-one (71) signs for the Wayfinder Signs Phase II project. Funding is available from 334-6111-519-64.90 (General Construction Fund/Other Machinery/Equipment). Mr. Levinson moved to approve the Consent Agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. -5- 07/16/02 9. REGULAR AGENDA: 9.A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/HESSLER PAINT AND DECORATING CENTER: Consider an appeal of a decision of the Site Plan Review and Appearance Board's action denying an awning for Hessler Paint and Decorating Center, located at 4591 West Atlantic Avenue. Quasi-Judicial Hearing The City Attorney stated this item will be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were noted. The City Clerk swore in those individuals who wished to give testimony on this item. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department Project file #2002-187 into the record. Paul Dorling, Director of Planning and Zoning, stated the subject property is located on the north side of Atlantic Avenue west of Barwick Road immediately south of the Highland Trailer Park. The building was previously occupied by a furniture store and is now occupied by Hessler Paint. The development proposal initially contained a red convex style back-lit storefront awning on the south elevation of the building. The awning is 30 feet in width and will extend five feet from the building. Mr. Dorling stated that the Planning and Zoning staff had concerns with the convex awning which actually extended above the building elevation and this was going to be the location of a sign. The recommendation was for approval with a modification of that awning to a box awning as well as a modification of the bright red that was initially proposed. The applicant provided the box awning and the red color at the Site Plan Review and Appearance Board (SPRAB) Meeting of June 26, 2002. The Board had significant discussion and significant reservations concerning the color red which would not be in compliance with LDR Section 4.6.18 and Section 4. 6. 7(H)(2)(b) and felt this was "garish" with respect to the color. The applicant is appealing this decision by SPRAB because he feels it is inconsistent with prior approvals of the Board to allow vibrant colors on other awnings within the City and that this is contrary to the weight of the evidence presented at the SPRAB meeting of June 26, 2002. Dan Hessler, applicant, submitted photos into the record and stated the red that he initially submitted was a very vibrant red and the last color he submitted is more of a brownish red which he feels is equivalent to several other businesses along Atlantic Avenue. The structure was resubmitted based on what SPRAB recommended which was a box style awning. The initial awning was an arched awning that went above the roof line. Mr. Hessler stated the awning has now been brought below the roof line and he feels the biggest concern at this point is the color and not so much the structure itself. Lastly, Mr. Hessler commented that the red that is being submitted is because it is a trademark color. Therefore, he can change the -6- 07/16/02 red from a bright to a brownish red but cannot go from a red to a blue. At this point, the City Clerk swore in the following individual: Don Dolam 660 West Clearbrook Circle~ Delray Beach~ expressed support for the applicant and stated he does not feel anyone in Delray Beach would be offended by the color. At this point, Mayor Schmidt asked if either staff or the applicant wish to cross examine Mr. Dolan or each other. No one wished to cross-examine one another. At this point, the City Clerk swore in the following individual: Carolyn Zimmermam 212 S.W. 2I'd Avenue~ Delray Beach~ stated the color red is okay with her and she feels that red is okay. Mayor Schmidt asked whether staff or the applicant would like to make a rebuttal. No one wished to make a rebuttal. Brief discussion followed by the Commission. Mrs. Archer stated that she lives directly across the street in the Sherwood subdivision and commented that she sees it several times a day and does not find the revised awning offensive. Mayor Schmidt concurred with comments expressed by Mrs. Archer. Mr. Perlman stated he does not have a problem with the awning or the color. Mr. Levinson concurred with comments expressed by Mr. Perlman. Mrs. Archer moved the appeal with the revised color, 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. At this point, the Commission moved to Item 7.B. Ceremonial Grant Checks - Representative Anne Gannon. 7oBo Ceremonial Grant Checks - Representative Anne Gannon Anne Gannom 302 S.E. 2I'a Street~ Delray Beach~ presented the City with a check in the amount of $50,000 for playground equipment at Barwick Park and a check in the amount of $107,250 for tennis courts for the Catherine Strong Center. Ms. Gannon congratulated the City and commented that the City needs to go after more of this money to improve the Parks and Recreation in the City. Mayor Schmidt accepted both checks and thanked Ms. Gannon for her support. -7- 07/16/02 9.B. ITEM REMOVED 9.C. THE FRIENDS OF SANDOWAY HOUSE NATURE CENTER, INC.: Consider approval of a request from the Friends of Sandoway House Nature Center, Inc. to grant a temporary use permit per LDR Section 2.4.6(H) for the use of the eastern portion of the Ingraham Parking Lot from 5:00 p.m. on November 21, 2002 through noon on November 25, 2002, and use of the balance of the Ingraham Parking Lot and the Sandoway Parking Lot from 5:00 p.m. until midnight on November 23, 2002 to accommodate their annual fund-raiser; contingent on the sponsor providing liability insurance and a hold harmless agreement. Mayor Schmidt declared a conflict of interest with this item because he is on the Board of the Sandoway House. Therefore, Mayor Schmidt stepped down and passed the gavel to Vice-Mayor Perlman. Mr. Levinson moved to approve the temporary use permit for the east end of the Ingraham Parking Lot on November 21, 2002, at 5:00 p.m. through noon on November 25, 2002 at noon and use of the balance of this lot and the Sandoway Lot on November 23, 2002 from 5:00 p.m. until midnight for the Sandoway House fund-raiser contingent on the receipt of the liability insurance certificate and a Hold Harmless Agreement, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Vice-Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 9.D. ESTABLISHMENT OF PROPOSED MILLAGE RATE: Consider establishing the proposed millage rate for FY 2003. The City Manager stated the proposed millage rate of 8.0 mills includes proposed increases in two areas; an increase of five percent in the Occupational License Tax which was last increased in 1998, and an increase in basic Building Permit Fees often percent which have not been increase since 1989. The City Manager stated the total budget increase in the General Fund is $4.3 million, of that $3.2 million is salaries and benefits and of that amount $2.2 million is Police and Fire. The City Manager explained that over two-thirds of the increase of Personnel costs is Police and Fire and part of that does include adding an additional five firefighters' for Fire Station #4. Of that $2.2 million, the City Manager stated half of it comes from two items those being the increased pension costs and the additional benefit given firefighters' in their last contract of the retiree health trust in the amount of $240,000 and as far as other increases in the budget, the City Manager stated the increase in funds going to the CRA is $527,000 and the transfer to the Beautification Trust Fund will increase by $210,000. The transfer to the General Construction Fund is increased by $150,000 and the City Manager stated staff will be refining the budget as the budget Hearings approach in September. For the benefit of the public, Mr. Perlman stated when the millage rate is established it cannot go any higher than 8.0 mills but it can go lower. Overall, Mr. Perlman stated he is pleasantly surprised to see the proposed millage rate the same as last year and that the property values are going to increase at a very healthy pace. Mr. Perlman stated he feels there is a need to create a Public Information position. The City Manager explained he is working with the Assistant City Manager discussing some options. The City Manager stated he recognizes this -8- 07/16/02 is a priority of the Commission and fully expects to make a proposal on both of these issues next month. Mr. Perlman commented about the pension and asked if the Pension Board is looking to mitigate with the volatility of the market or if there is something more conservative the City can do now. Mayor Schmidt stated the Pension Board has been looking at adding some options to put some of the funds into and the Board is very cognizant of volatility of the market and the affect it has on the City. Mayor Schmidt stated the Board is looking at small cap stocks versus large cap. Mayor Schmidt stated this is an area that the Police and Fire Pension Board need to review with the actuaries. The City Manager stated with regard to the General Fund Pension Plan, this increase is almost totally due to return on investment being lower than expected. In the case of Police and Fire, the City Manager stated he believes this is evenly divided between lower than expected returns and salary increases being more than the actuarial assumption. Mr. Levinson stated it is difficult to try and time the market and commented that everyone is having problems. Mr. Perlman inquired about the surplus. The City Manager stated one thing that has affected the surplus is a settlement because it was paid from the surplus and commented that the City will still be around 14-15 percent. Prior to the vote, Ms. McCarthy asked the City Manager how many months for operating costs would he like to have in reserves. In response, the City Manager stated he would like this to be approximately three months. Mr. Levinson moved to establish the proposed millage rate at 8.0 mills, 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. 0oEo APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint one (1) regular member to the Delray Beach Housing Authority to fill an unexpired term ending July 14, 2004. Based on the rotation system, the appointment will be made by Commissioner McCarthy (Seat #4). Ms. McCarthy moved to appoint Joseph Bernadel as a regular member to the Delray Beach Housing Authority to fill an unexpired term ending July 14, 2004, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. -9- 07/16/02 9.F. APPOINTMENTS TO THE PLANNING AND ZONING BOARD: Appoint four (4) members to the Planning and Zoning Board for two (2) year terms ending August 31, 2004. Based upon the rotation system, the appointments will be made by Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), Mayor Schmidt (Seat #5), and Commissioner Perlman (Seat #1). Mr. Levinson moved to appoint Diane Borchardt as a member to the Planning and Zoning Board for a two (2) year term ending August 31, 2004, 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. Ms. McCarthy moved to reappoint Kenneth Peltzie as a member to the Planning and Zoning Board for a two (2) year term ending August 31, 2004, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. Mayor Schmidt moved to reappoint Jess Sowards as a member to the Planning and Zoning Board for a two (2) year term ending August 31, 2004, 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. Mr. Perlman moved to appoint Jillian Woehlkens as a member to the Planning and Zoning Board for a two (2) year term ending August 31, 2004, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.G. PURCHASE OF PROPERTIES: Consider approval of contracts to purchase properties located at: 2400 Owens Baker Road and Contract for Sale and Purchase between the City and James W. and E.B. Baker and Carolyn Tubbs in the amount of $149,500.00 2320 Owens Baker Road and a vacant parcel of land and Contract for Sale and Purchase between the City and Anthony E. and Laurel B. Baker in the amounts of $91,000.00 and $41,600.00 2464 Owens Baker Road and Contract for Sale and Purchase between the City and Eugene B. and Barbara M. Baker in the amount of $143,000.00 Mrs. Archer moved to approve these purchases as listed in the City Attorney's memorandum, 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- 07/16/02 9.H. RESOLUTION NO. 63-02: Consider approval of Resolution No. 63-02 authorizing the City of Delray Beach to issue Revenue Bonds not to exceed $7,000,000 for the purpose of financing the cost of land acquisition with respect to the Barwick Land Acquisition Project with Bank of America. The caption of Resolution No. 63-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $7,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF REVENUE NOTES, SERIES 2002 (TAXABLE) (THE "NOTES"), OF THE CITY OF DELRAY BEACH, FLORIDA FOR THE PURPOSE OF FINANCING THE ACQUISITION OF CERTAIN LANDS WITHIN THE CITY OF DELRAY BEACH, FLORIDA AND ALL INCIDENTAL AND NECESSARY COSTS RELATING THERETO; DETERMINING THE NEED FOR A NEGOTIATED SALE OF SUCH NOTES TO BANK OF AMERICA, N.A. (THE "BANK"); PROVIDING FOR THE TERMS AND PAYMENT OF SAID NOTES, AND THE RIGHTS, REMEDIES AND SECURITY OF THE OWNERS THEREOF; MAKING CERTAIN COVENANTS RELATING TO THE ISSUANCE OF SAID NOTES; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION OF A LINE OF CREDIT AGREEMENT WITH THE BANK; AUTHORIZING THE PROPER OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION WITH THE ISSUANCE OF SAID BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 63-02 is on file in the City Clerk's office.) Joseph Safford, Finance Director, stated Resolution No. 63-02 is authorizing the issuance to not exceed $7 million taxable line of credit that shall be executed for the purpose of financing the cost of land acquisition with respect to the Barwick Land Acquisition Project. Mr. Safford stated the City has taken bids from Bank of America and First Union and recommends the award go to Bank of America for a three (3) year term. Mr. Safford stated that the proposal is to sell most of the properties located in the Barwick area maintaining some for parks and explained this is a taxable bond because it involves private properties that are going to be sold on the private market. The City Manager stated based on the current LIBOR (London Interbank Offered Rate) the interest rate will be 2.54 percent. Mr. Perlman moved to approve Resolution No. 63-02, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. -11- 07/16/02 At this point, the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 31-02: City initiated voluntary annexation of eleven parcels of land (54.5 acres) located north of Lake Ida Road, between Barwick Road and Military Trail. If passed, a public hearing will be scheduled for August 6, 2002. The caption of Ordinance No. 31-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED SOUTH OF THE L-30 CANAL, BETWEEN BARWICK ROAD AND MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 31-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated the subject properties are currently located in unincorporated Palm Beach County within the City's Planning Area (Future Annexation Area, Area E). The property consists of eleven (11) parcels of land which are currently owned by the City of Delray Beach and are being processed as voluntary annexations. The proposal is to annex the property into the City, and maintain their current County Zoning of AR (Agricultural Residential) and County Future Land Use Designation of MR5 (Medium Residential, 5 units/acre). A Future Land Use Map amendment is being processed separately with Comprehensive Plan Amendment 2002-1 (02-1), in order to establish the initial City zoning of PRD (Planned Residential Development) and PC (Planned Commercial), and City Future Land Use Designations of LD (Low Density, 0-5 units/acre) and GC (General Commercial). At its meeting of May 20, 2002, the Planning and Zoning Board considered the request at a public hearing. After reviewing the staff report and after discussion, the Board voted 6 to 0 (Randolph absent), to recommend approval. Mrs. Archer commented about the map attached to the Planning and Zoning Staff Report and asked whether or not the section that is located north of the L-31 Canal west of Barwick Road and south of 133 Road South is going to be an enclave. In response, Mr. Dorling -12- 07/16/02 explained the three properties immediately to the west of those properties currently take access through 133 Road South. Furthermore, Mr. Dorling stated the piece that is left in addition to the three parcels are an existing enclave at this time and the City is reducing that existing enclave by three parcels. Mr. Dorling stated it is important to note that these three parcels are underdeveloped properties and that they will be receiving City water and a requirement of receiving City water once they come in for redevelopment would be that they annex into the City. Brief discussion continued between Mrs. Archer and Mr. Dorling. Mr. Perlman moved to approve Ordinance No. 31-02 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 32-02: City initiated voluntary annexation of a 34.6 acre parcel, the Winterplace Subdivision (now known as The Colony at Delray Beach), located at the southeast corner of Military Trail and the LWDD L-30 Canal. If passed, a public hearing will be scheduled for August 6, 2002. The caption of Ordinance No. 32-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED AT THE SOUTHEAST CORNER OF THE L-30 CANAL AND MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 32-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated the subject property is the plat of Winterplace subdivision and was recorded in February of 2001. The site is known as The Colony at Delray Beach which contains 151 zero lot line single family homes, situated on 34.6 acres of land. This annexation is being processed as a voluntary annexation subject to a water service agreement which was dated May 8, 2000. The water service agreement contains a clause that states the property owner agrees to annex into the City when the project becomes eligible for annexation. Once these properties are annexed, this parcel will be contiguous and eligible for -13- 07/16/02 annexation. Upon annexation, the development will maintain its current County Zoning of PUD (Planned Unit Development) and County Future Land Use Map Designation of MR-5 (Medium Density - 5 units/acre). A Future Land Use Map is being processed separately with Comprehensive Plan Amendment 2002-1 (02-1), in order to establish the initial City zoning of PRD (Planned Residential Development), and City Future Land Use Designations of LD (Low Density, 0-5 units/acre). At its meeting of May 20, 2002, the Planning and Zoning Board considered the request at a public hearing. After reviewing the staff report and after discussion, the Board voted 6 to 0 (Randolph absent), to recommend approval. Staff recommends approval based upon positive findings with respect to LDR Section 2.4.5(C)(4) in that the annexation is consistent with Future Land Use Element Objective B-3, and that it complies with Florida Statute Chapter 171.044, as the property is contiguous, reasonably compact, does not create an enclave, and that services will be provided to the subject properties in a timely and efficient manner. Mrs. Archer moved to approve Ordinance No. 32-02 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 6:55 p.m., the Commission took a short break. At this point, the time being 7:00 p.m., the Commission reconvened and moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 24-02 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending the Land Development Regulations to add Public Educational Facilities of the School District of Palm Beach County as a principal use in Residential and Community Facilities (CF) zoning districts; Section 4.3.3 adding supplemental regulations for Public Educational Facilities; modifying the definition of Residential Zoning Districts; renaming Educational Facilities and clarifying that private schools and other similar educational facilities are conditional uses in certain residential zoning districts; and adding private schools and other similar educational facilities as a conditional use in the Planned Residential Development (PRD) zoning district. Prior to consideration of passage of this ordinance on Second Reading/Second Public Hearing, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 24-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.1 -14- 07/16/02 "AGRICULTURE ZONE DISTRICT (A)", 4.4.2 "RURAL RESIDENTIAL (RR) ZONE DISTRICT", SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-i) DISTRICTS", SECTION 4.4.4 "MOBILE HOME (MH) DISTRICT", SECTION 4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT", SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SECTION 4.4.7, "PLANNED RESIDENTIAL DEVELOPMENT (PRD) DISTRICT", AND SECTION 4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT", TO ALLOW PUBLIC EDUCATIONAL FACILITIES OF THE SCHOOL DISTRICT OF PALM BEACH COUNTY AS A PRINCIPAL USE PURSUANT TO REGULATIONS SET FORTH IN SECTION 4.3.3(HH); AMENDING SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-i) DISTRICTS", SECTION 4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT", SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SECTION 4.4.7, "PLANNED RESIDENTIAL DEVELOPMENT (PRD) DISTRICT", AND SECTION 4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT", TO ALLOW PRIVATE EDUCATIONAL FACILITIES AS A CONDITIONAL USE SUBJECT TO THE RESTRICTIONS SET FORTH IN SECTION 4.3.3(HHH); AMENDING SECTION 4.3.3 (HH), "EDUCATIONAL FACILITIES", BY RENAMING THE SUB SECTION TO "PUBLIC EDUCATIONAL FACILITIES OF THE SCHOOL DISTRICT OF PALM BEACH COUNTY" AND ADDING SUPPLEMENTAL REGULATIONS FOR PUBLIC EDUCATIONAL FACILITIES; AMENDING APPENDIX "A", "DEFINITIONS" TO MODIFY THE DEFINITION OF "RESIDENTIAL DISTRICTS"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 24-02 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. Paul Dorling, Director of Planning and Zoning, stated he made a substantial presentation at the first reading of this ordinance and reiterated this for the record. In addition, Mr. Dorling stated he would like to add into the record a response with respect to some concerns voiced at the first reading with respect to compatibility with residential properties. Mr. Dorling stated the site plan approval require positive findings with respect to LDR Section 3.1.1 and Section 2.4.5(F)(5) which states: "In addition to provisions of Chapter Three, the approving -15- 07/16/02 body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values." Mr. Dorling stated there is a chance for further community input at the School Board level particularly with respect to the location of all schools including charter schools. Mayor Schmidt declared the public hearing open. Cari Podesta, representing the Coral Trace Homeowners' Association, stated at first reading of Ordinance No. 24-02 on July 2, 2002, Henry Iler, expert Land Planner for Coral Trace, pointed out various aspects of Ordinance No. 24-02 which are inconsistent with the Comprehensive Plan. Ms. Podesta stated both the City's LDR's and State law require the City to have the LDR's consistent with the Comprehensive Plan. Ms. Podesta stated that Mr. Iler pointed out the internal inconsistencies within the City's Comprehensive Plan such as the language contained in the Future Land Use Element that permits only residential uses in various residential land use categories and the language in the public school facilities which allows schools as a permitted use within all urban residential land use categories. In conclusion, Ms. Podesta stated the Coral Trace Homeowners' Association is opposed to Ordinance No. 24-02 and urged the Commission to not support it. Gerry Franciosa, 939 Eve Street, Delra¥ Beach, expressed concern over why the Commission would pass an ordinance which gives the School Board or the Commission the right to place a public school in any residential area in Delray Beach without any public input from City residents. Mr. Franciosa stated that he feels as elected officials that the Commission has the obligation to protect all the residents of the City from unwanted trespass upon their neighborhoods of buildings and structures which are not practical and not wanted. Mr. Franciosa urged the Commission to send this item back to the Planning and Zoning staff for further review and suggested that they add the location of a public school in certain residential areas as a conditional use. Deborah Bennett, 137 Seabreeze Avenue, Delra¥ Beach, stated she bought an acre of land as an investment to keep Delray as it is and to keep certain things from happening on that land. Mrs. Bennett stated by passing this ordinance she feels this would take away her rights as a property owner and is strongly opposed to this ordinance. Kenneth Carruthers, 248 West Coral Trace Circle, Delra¥ Beach, stated both as an officer on the Board of the Homeowners' Association of Coral Trace and as a professional architect, he urged the Commission to vote against Ordinance No. 24-02. Barry Silver, Attorney, 7777 Glades Road, Boca Raton, stated he feels the main problem with our schools is that we have rampant run-a-way development because developers have been able to unfairly alter the process and cause municipal and county governments to violate their own Comprehensive Plan. The key to overcrowding is to put a limit on this over development and stop paving over the open space. Mr. Silver urged the Commission to join with other concerned citizens and environmentalists in order to look at the big picture. Mr. Silver suggested that the Commission check with Village Academy to see if the -16- 07/16/02 school can be relocated there instead of at Atlantic Avenue and Congress Avenue. Mr. Silver feels the children will be put in harms way at a very busy intersection and stated this is a dangerous and risky proposition. Mr. Silver continued to state that his father founded Temple Sinai and he cannot understand how the school can be compatible with the Temple. Mr. Silver continued to state that by putting the school next to Temple Sinai is not a good mix. Furthermore, Mr. Silver applauds the Commission for wanting more soccer fields but does not feel that soccer fields have to be tied into the school. Jill Denio, 308 Coral Trace Court, Delray Beach, stated the Commission has not listened to the public input and feels the Commission along with the School Board was pushed into purchasing the Tate property. Ms. Denio suggested that the City look into the possibility of selling the land and getting their money back. Ms. Denio commented about the inadequate drainage on the current Seacrest site that was not checked. Ms. Denio is opposed to the relocation of Atlantic High School and urged the Commission to do the right thing. Judy Price, 250 N.E. 16th Street, Delray Beach, urged the Commission to vote against Ordinance No. 24-02. Bill Wood, President of the Delray Beach Chamber of Commerce, thanked and commended the Commission for looking out for the best interest of the entire community. He stated there have been accusations about the Commission that are both unfair and untrue. Alice Finst, 707 Place Tavant, Delray Beach, representing the Homeowners' League of Chatelaine Subdivision, stated there appears to be two issues; one issue being to get the Tate property zoned in some fashion so that it fits into the area where it is located and the other issue being what will happen to the rest of the neighborhoods throughout the community. Mrs. Finst expressed concern about the idea that someone can come into her neighborhood and purchase three homes (approximately one acre) and build a school. Mrs. Finst stated the Chatelaine subdivision would like to be exempt from this, they would like to have the conditional use applied to this so that there can be public hearings, and would like a notification process. Michael Weiner, 6678 Grande Orchid Way, Delray Beach, stated it has been a pleasure to watch this City grow over the last decade and has witnessed each of the Mayors and their Commission deal with controversial topics. For example, Mr. Weiner stated first was the narrowing of a street and recalls when some businessmen saying it was going to ruin their business and noted it did not ruin their business. Mr. Weiner stated he also recalls a previous Mayor taking a stand with respect to the zoning code and bringing residential zoning to the downtown. Mr. Weiner stated the Commission has now taken a controversial stand and commented that the core value is to bring the City together and that there is a centrally located school. In conclusion, Mr. Weiner strongly supports the ordinance. Rite Ellis, 512 Andrews Avenue, Delray Beach, expressed support for the ordinance and feels that the majority of the people who live in Delray Beach feel it is best for the entire City. Mrs. Ellis stated she received a telemarketing call in opposition of the ordinance and commented that the call was a machine which did not identify the caller. Mrs. Ellis feels the -17- 07/16/02 information given to her over the telephone was inaccurate and she encouraged the Commission to vote in favor of this amendment. Ellen Oliver Pattersom 5031-C Nesting Wa¥~ Delra¥ Beach~ stated she has lived in Delray Beach for fifty-four years and has seen many good things happen for the community. However, Ms. Patterson stated she is opposed to Ordinance No. 24-02 and commented that it will allow for every neighborhood in the City of Delray Beach to have any kind of school placed into it. Ms. Patterson stated she feels this will open the door for potential problems and urged the Commission to reconsider. Don Dolam 660 West Clearbrook Circle~ Delray Beach~ stated that this is the first Commission Meeting he has attended and although he does not know much about the school issue, he personally feels it is ludicrous to put a school at the intersection of Atlantic Avenue and Congress Avenue. Mr. Dolan stated he sympathizes with the Commission because he feels they have a very hard decision to make. Mr. Dolan continued to state nevertheless whether this ordinance is passed or not, he feels the Commission will pay for it at election time (per Mr. Dolan this is not intended as a threat). There being no one else from the public who wished to address the Commission regarding Ordinance No. 24-02, the public hearing was closed. Mayor Schmidt commented that he received a telemarketing call about if this ordinance passes how it is going to decrease property values in the City. For the record, Mayor Schmidt stated that there has not been any testimony or evidence presented in both hearings to support that position. In addition, Mayor Schmidt stated in response to the people talking about having schools dropped in their neighborhoods if this passes, in the Concurrency Agreement that has been adopted by the County, the School Board, and twenty-seven other municipalities, it states that "for elementary schools, special education facilities, and alternative education facilities, proposed school sites shall have direct access to at least a minor collector road. For middle schools, the proposed site shall have direct access to at least a minor collector road. For high schools, the proposed location shall have direct access to at least a major collector road." Mayor Schmidt stated there are a limited number of those roads in the City (none of which are in Chatelaine). Mayor Schmidt stated the idea that a school is going to be deposited in the middle of a neighborhood given the Concurrency Agreement will just not happen. Mr. Levinson stated he received several calls today from residents of the City that the phone call that they received did not include the names or indication of who sent them. Fortunately, Mr. Levinson stated he has "Caller I.D." and for the benefit of the people who do not know he announced that the call was from Ms. Warmack who is running for County Commissioner. Mr. Levinson stated he would be concerned about County Commissioners or State Representatives making decisions on behalf of the School Board or the City. Mr. Levinson stated the next time if someone would like to make a telemarketing call or a call where there is no way to get through to a human being to speak to, it would be appropriate for that individual or group to identify themselves with a phone number for someone who has a question. Mr. Levinson stated the people who called him informed him that the machine has to cycle through its message and unfortunately when they hung up and picked up the phone to make another call -18- 07/16/02 they heard the message continue and continue. Thus, Mr. Levinson stated some of these people were unable to use their phones for 2-3 minutes that the message was playing. Mr. Perlman moved to adopt Ordinance No. 24-02 based upon a positive finding with LDR Section 2.4.5(M)(5) and find that the text amendment is consistent with and furthers the Goals, Objective and Policies of the City Comprehensive Plan, 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. 10.B. ORDINANCE NO. 25-02: An ordinance amending the Future Land Use Map Amendment (Small-Scale) from CMR (Commerce) in part and GC (General Commercial) in part to CMR (Commerce) and rezoning from MIC (Mixed Industrial and Commercial) in part and GC (General Commercial) in part to MIC (Mixed Industrial and Commercial) for a 1.80 acre parcel of land located at the northwest corner of West Atlantic Avenue and Interstate-95 known as Depot Square Historic Site (former train station - 80 Depot Avenue). Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. Quasi-judicial (as to zoning) Public Hearing CONDITIONAL USE REQUEST: Consider a conditional use request to allow the establishment of a monument and ornamental stone cutting facility for Natural Stone Fabrication, located at the northwest corner of West Atlantic Avenue and Interstate-95 (known as Depot Square Historic Site). The City Manager presented Ordinance No. 25-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE PLAN FROM CMR (COMMERCE) IN PART AND GC (GENERAL COMMERCIAL) IN PART TO CMR (COMMERCE) ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT AND MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT TO MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE NORTHWEST CORNER OF WEST ATLANTIC AVENUE AND INTERSTATE-95 (FORMER TRAIN STATION DEPOT), AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, FEBRUARY, 2002"; -19- 07/16/02 PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 25-02 is on file in the City Clerk's office.) Mayor Schmidt stated the applicant has requested that this item be postponed to a date certain of August 6, 2002. Mr. Levinson moved to postpone Ordinance No. 25-02 to a date certain of August 6, 2002 as well as the Conditional Use Request, 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. 10.C. ORDINANCE NO. 27-02: An ordinance designating the S.E. O'Neal House located at 910 N.E. 2nd Avenue to the local register of Historic Places. 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 City Manager presented Ordinance No. 27-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE O'NEAL HOUSE, LOCATED AT 910 N.E. 2ND AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE TO BE LISTED IN THE LOCAL REGISTER OF HISTORIC PLACES; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, 2002" TO SHOW THE HISTORIC DESIGNATION IN AN OVERLAY MANNER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 27-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated this item will be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. Mayor Schmidt asked the Commission to disclose any ex parte contacts. No exparte contacts were noted. -20- 07/16/02 The City Clerk swore in those individuals who wished to give testimony on this item. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department Project File #2002-211 into the record. Mr. Dorling stated this home was constructed in 1926 and was the home of S.E. O'Neal, one of Delray's boom time settlers. Mr. Dorling stated the house is architecturally unique and is seeking a private designation. If successful, the applicant proposes to save the house and subdivide the property seeking some variances through the Historic Preservation Board. At its meeting of June 19, 2002, the Historic Preservation Board held a public hearing and the voted unanimously (7-0) to recommend approval of this designation. Mayor Schmidt declared the public hearing open and the following residents came forward to address the Commission. Mary Lou Jamisom Chairperson of the Historic Preservation Board~ stated this is a wonderful structure of Mediterranean-Revival and is delighted to see that this is being considered for listing on the Local Register of Historic Places and she urged the Commission to approve. John Bennett~ Progressive Residents of Delray (PROD)~ P.O. Box 1301~ Delra¥ Beach~ urged the Commission to support Ordinance No. 27-02. There being no one else from the public who wished to give testimony on this item, the public hearing was closed. Ms. McCarthy stated she is very pleased to see that it appears there is a more assertive move between the citizens and the Historic Preservation Board to find these homes that qualify for historic recognition and applauds their endeavors. Ms. McCarthy moved to adopt Ordinance No. 27-02 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 28-02: An ordinance amending Ordinance No. 70-89, regarding 615 North Ocean Boulevard, to increase the maximum floor area from 2,400 square feet to 2,650 square feet for the enclosure of a 250 square foot porch. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 28-02: -21- 07/16/02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 70-89 BY AMENDING SECTION 2, "REQUIREMENT OF DESIGNATION" TO INCREASE THE MAXIMUM FLOOR AREA FROM 2,400 SQUARE FEET TO 2,650 SQUARE FEET FOR THE DWELLING UNIT WHICH LIES EAST OF STATE ROAD A-1-A (615 N. OCEAN BOULEVARD); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy Ordinance No. 28-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated this item will be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City 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 noted. Paul Darling, Director of Planning and Zoning, entered the Planning and Zoning Department Project File #2002-204 into the record. Mr. Darling stated this ordinance relates to the Fox Fantaine historic designation which contains approximately 2.5 acres of land and consists of Lots 1, 2 and 3 of the Ocean Apple Estates Plat and the south 10' of Lot 3 (lying east of A1A) of the Palm Beach Shore Acres Plat. The properties are located approximately 900' south of George Bush Boulevard between Andrews Avenue and the Atlantic Ocean. Lot 1 is on the east side of Ocean Blvd. (615 N. Ocean Blvd.) while lots 2 and 3 are on the west side of Ocean Blvd. (610 N. Ocean Blvd.) between N. Ocean Blvd. and Andrews Avenue. The lot on the east side of North Ocean Blvd. (Lot 1) contains a modern 2,400 square foot home, which was constructed in 1992. Mr. Dorling stated the existing ordinance limits that house to 2,400 square feet. Therefore, Mr. Dorling stated this request is to change the square footage to allow an additional 250 square feet which will allow the enclosure of an existing front porch. At its meeting of June 19, 2002, the Historic Preservation Board considered this item and unanimously recommended approval (7-0) to increase the square footage of the building from 2,400 square feet to 2,650 square feet. -22- 07/16/02 James Keavney~ 2934 S.W. 22nd Circle~ Delray Beach~ architect~ explained that this is a rear porch enclosure with an existing roof and noted that this enclosure would not be seen from the front of the property. There being no one else from the public who wished to address the Commission, the public hearing was closed. Mr. Levinson moved to adopt Ordinance No. 28-02 on Second and FINAL Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 10.F. Resolution No. 60-02. 10.F. RESOLUTION NO. 60-02: A resolution establishing a budget for the Stormwater Utility System, establishing the rates for FY 2003 Stormwater Management Assessments, and certifying and adopting the Stormwater Assessment Roll. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 60-02: RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A BUDGET FOR THE STORMWATER UTILITY SYSTEM; ESTABLISHING RATES FOR STORMWATER MANAGEMENT ASSESSMENTS FOR EACH PARCEL WITHIN THE BENEFITED AREA, OTHER THAN NON- ASSESSED PROPERTY; PROVIDING FOR A PUBLIC HEARING, ALL IN ACCORDANCE WITH CHAPTER 56 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, AND RELEVANT STATUTORY AUTHORITY; PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE STORMWATER ASSESSMENT ROLL. (The official copy of Resolution No. 60-02 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 who wished to address the Commission, the public hearing was closed. Mr. Perlman moved to approve Resolution No. 60-02, 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. -23- 07/16/02 At this point, the Commission moved to Item 10.G. Ordinance No. 26-02. 10.G. ORDINANCE NO. 26-02 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending the Land Development Regulations Section 3.1. i(B) and Section 2.4.3(A)(9) to add public school concurrency as a required finding and to modify submission requirements. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 26-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING ARTICLE 3.1, "REQUIRED FINDINGS FOR LAND USE AND LAND DEVELOPMENT APPLICATIONS", SECTION 3.1.1 (B), "CONCURRENCY", TO PROVIDE FOR THE IMPLEMENTATION OF THE PUBLIC SCHOOL CONCURRENCY AMENDMENT; AMENDING ARTICLE 2.4, "GENERAL PROCEDURES", SECTION 2.4.3(A), "STANDARD APPLICATION ITEMS", PROVIDING FOR A COMPLETED SCHOOL CONCURRENCY APPLICATION AS A STANDARD APPLICATION ITEM; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 26-02 is on file in the City Clerk's office.) The City Attorney read the caption of Ordinance No. 26-02. 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 declared the public hearing open. There being no one from the public who wished to address the Commission, the public hearing was closed. Mr. Perlman moved to adopt Ordinance No. 26-02 on Second Reading/Second Public Hearing, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 10.H. ORDINANCE NO. 29-02: An ordinance amending Ordinance No. 9-95, which designated the Susan Williams House as a local historic site, to modify the description and address of the property. 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 -24- 07/16/02 The City Manager presented Ordinance No. 29-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 9-95 BY AMENDING THE CAPTION, THE THIRD "WHEREAS" CLAUSE AND SECTION 1 TO CORRECT THE PROPERTY DESCRIPTION AND ADDRESS; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, 2002" TO SHOW THE HISTORIC DESIGNATION IN AN OVERLAY MANNER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 29-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated this item will be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. Mayor Schmidt asked if there is anyone from the public that wishes to speak that has not already been sworn in, to please step forward at this time and be sworn in by the City Clerk. Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were noted. Paul Darling, Director of Planning and Zoning, entered the Planning and Zoning Department Project File # 2002-274 into the record. Mr. Darling stated this ordinance updates the property description and the address of the Susan Williams House which now has been moved to 154 N.W. 5th Avenue just south of the Spady Museum. At its meeting of June 19, 2002, the Historic Preservation Board unanimously recommended approval (7-0) of the amendment to Ordinance 9-95. Prior to the vote, Mr. Levinsan asked if there is a process in place for the City with regard to moving these houses that would automatically take care of this. In response, Mr. Dorling stated this is a unique situation whereas this house was designated prior to the creation of the West Settlers District. Furthermore, Mr. Dorling stated most of the structures are under the umbrella of overall districts and are not listed this way. -25- 07/16/02 Mrs. Archer moved to adopt Ordinance No. 29-02 on Second and FINAL Reading, 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. 10.I. ORDINANCE NO. 30-02: An ordinance amending Chapter 35, "Employee Policies and Benefits", Subheading "Retirement Plan" of the City Code of Ordinances by amending Sections 35.097(J) and 35.097(L)(2)(B) to comply with the recent Internal Revenue Code requirements and Florida Statutes. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 30-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.097(J), "MAXIMUM PENSION", REVISING THE LIMITATIONS ON MAXIMUM PENSION BENEFITS TO CONFORM TO SECTION 415 OF THE INTERNAL REVENUE CODE; AMENDING SECTION 35.097(L)(2)(B), "ELIGIBLE RETIREMENT PLAN," PROVIDING ADDITIONAL ELIGIBLE PLANS FOR ROLLOVER; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 30-02 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. Mr. Levinson moved to adopt Ordinance No. 30-02 on Second and FINAL Reading, 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. 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. -26- 07/16/02 11.B. From the Public. ll.B.1. John Bennett~ 137 Seabreeze Avenue~ Delra¥ Beach~ thanked the Commission for their support of the Downtown Joint Venture for the annual fireworks display. Mr. Bennett stated he feels that this year the fireworks display was better than ever and very uplifting as well. Secondly, Mr. Bennett stated he would like to revisit comments he made at the last meeting about the City Clerk's office because he recalls a conversation he had with Commissioner McCarthy several months ago that occasionally when citizens commend a particular employee for a job well done he would like to know what happens to that. Mr. Bennett commented that in the City Clerk's office case, the City Clerk who represents the department and is personally present at the meetings, can relay the comments to the staff. However, Mr. Bennett stated if there is an employee from the Finance Department or any individual Police Officer is commended, does that employee ever hear about it? Mr. Bennett suggested that the City have a procedure whereby a person is notified if they are commended for a job well done. Although Mr. Bennett feels a pat on the back is good, he stated real money matters and Ms. McCarthy's suggestion was that there is a process whereby this item would get in the individuals Personnel file pending the next performance appraisal so it could be noted at that time. ll.B.2. Gerry Franciosa~ 939 Eve Street~ Delray Beach~ stated he would like to know where the money is coming from to pay for projects that are moving forward (i.e., $6 million soccer complex and the Atlantic High School relocation project). Mr. Franciosa asked why there is not a Senior Citizen Community Center in the City of Delray when all the surrounding communities have them and the fact that there is an over abundance of senior citizen residents. Mr. Franciosa continued to ask what criteria was used in determining a price of $6.4 million for the Tate Property and asked where the funding is for additional manpower to manage and maintain the city. Mr. Franciosa stated approximately six months ago he presented a proposal to the City Manager for a small park project on a parcel of City right-of-way in Tropic Isle which is adjacent to a City maintained park. Mr. Franciosa read the following written response from the City Manager into the record: "The Parks Maintenance Department is already stretched very thin and frequently has difficulty keeping up with maintenance projects on areas for which they are already responsible. To assume maintenance responsibility for areas you requested would require us to add additional staff to Parks Maintenance which could only be financed by increasing property taxes." Mr. Franciosa stated he feels the residents should be allowed to determine how they want their tax dollars spent especially on the large scale expenditures such as the Atlantic High School Project. Mr. Franciosa urged the Commission to prepare the Atlantic High School Relocation Project for a November referendum so that the residents can decide. At this point, the Commission moved to Item 10.E. Ordinance No. 16-02. 10.E. ORDINANCE NO. 16-02 (FIRST READING/TRANSMITTAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2002-01): Consider on first reading an -27- 07/16/02 ordinance adopting Comprehensive Plan Amendment 2002-01 and associated Future Land Use Map (FLUM) amendments, and authorize transmittal to the State Department of Community Affairs. Amendment 2002-01 includes: City initiated Future Land Use Map amendment from County CHO/8 (Commercial High Office with residential density of 8 units per acre) and MR5 (Medium Residential, 5 units/acre) to City GC (General Commercial) and LD (Low Density, 1-5 du/ac), for eleven parcels located north of Lake Ida Road, between Barwick Road and Military Trail. City initiated Future Land Use Map amendment from County MR5 (Medium Residential, 5 units/acre) to City LD (Low Density Residential, 1- 5 du/ac) for the Winterplace Subdivision (now known as the Colony at Delray Beach), located at the southeast corner of Military Trail and the LWDD L-30 Canal. City initiated Future Land Use Map amendment from MD (Medium Density, 5-12 du/ac) to CC (Commercial Core) for a property located on the east side of Gleason Street, approximately 94 feet south of East Atlantic Avenue. The City Manager presented Ordinance No. 16-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2002-1 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 2002-1 AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 16-02 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 this is a City initiated Comprehensive Plan Amendment 02-1 on April 16, 2002. Mr. Marfino stated this amendment involves two City initiated Future Land Use Map amendments, numerous text changes, and table updates. -28- 07/16/02 At its meeting of May 20, 2002, the Planning and Zoning Board held a public hearing regarding the amendment and after discussion the Board unanimously (vote 6-0) recommended the City Commission approve the amendment of first reading and transmit Comprehensive Plan Amendment 02-1 to the Florida Department of Community Affairs. Mr. Marfino briefly summarized each Future Land Use change and each text change. The first map change is a City initiated Future Land Use Map (FLUM) Amendment for eleven City-owned parcels located between Barwick Road and Military Trail south of the L-30 canal. Mr. Marfino stated 54.5 acres of land and the individual parcels currently have a County FLUM designation of CHO/8 (Commercial High Office with residential density of 8 units per acre) for parcel lA and MR5 (Medium Density Residential - 5 units/acre) for the remainder. The second land use change is a City initiated land use map amendment for the Winterplace Development (now known as The Colony at Delray Beach) located on the east side of Military Trail, and south of the L-30 Canal, approximately one mile north of Lake Ida Road. Mr. Marfino stated these FLUM changes are related to the annexation of the same property which will be discussed later this evening and is being processed pursuant to a water service agreement dated March 8, 2000. This action will establish initial City FLUM of LD (Low Density Residential) and zoning of PRD (Planned Residential Development) which are consistent with one another. Per the water service agreement, the development was required to process a Master Plan approval through the City. During this approval, the development as it exists was reviewed for PRD (Planned Residential Development) zone district standards and thus all uses are conforming to PRD standards. The last amendment is a City initiated corrective FLUM amendment for the Gleason Street parcels. The parcel is approximately 0.34 acres in size and is located on the east side of Gleason Street, approximately 100 feet south of Atlantic Avenue. The land use designation is being changed from MD (Medium Density) to CC (Commercial Core) which will be consistent with the underlining zoning of CBD. Mr. Marfino noted that this is a corrective action and there is no development proposal associated with it. Mr. Marfino briefly explained the six text amendments as listed on Page two of the City Commission documentation (Summary of Items in Comp Plan Amendment 02-1). Mr. Marfino stated this is a transmittal public hearing and if the amendment is approved, it will be sent to the Florida Department of Community Affairs (DCA). Upon the review and comments from the State an adoption is scheduled for the September Planning and Zoning Board Meeting and final adoption at the City Commission of October 1, 2002. Staff recommends transmittal of all listed items as contained in the staff report. Mayor Schmidt declared the public hearing open. John Bennett~ speaking on behalf of the Beach Property Owners' Association (BPOA) and Progressive Residents of Delray (PROD), expressed concern over the proposed revision FLUM Policy C-4.2 and stated the Board's of both organizations continue to believe that the language of this proposal should be "tweaked" to reflect the following: "any future changes in the Downtown Master Plan shall address the needs of development while retaining the village-like community by-the-sea character of the CBD." Mr. Bennett stated this was not an attack on the Downtown Master Plan nor the propriety of acknowledging the Master Plan has -29- 07/16/02 largely completed the task set forth in Policy C-4.2. Mr. Bennett stated it does reflect the strong affection that many people in the town have for the village-like character of the downtown area and the symbolism of"village by-the-sea" that sets Delray Beach apart from the rest of southeast Florida. Mr. Bennett noted for the record that Ordinance No. 16-02 was not amongst the materials for public review as of noon today. Gerry Franciosa~ 939 Eve Street~ Delray Beach~ expressed his concern over the text modification which will eliminate the wording "village-like community by-the-sea" and instead insert "retain the character of Delray Beach". Mr. Franciosa stated last month some Commissioners were critical of PROD and the BPOA for information they disseminated to their members about the modification of Policy C-4.2. Mr. Franciosa stated if the Commission would like to eliminate the fears of these organizations, their members and the general public, he urged the Commission to precisely state their desire to maintain "village-like community by-the-sea" qualities in Delray Beach. Mr. Franciosa stated he agrees there is a need for continued growth and development. However, he believes growth and development needs to be balanced with maintaining the village-like qualities that make Delray Beach special. There being no one else from the public who wished to address the Commission, the public hearing was closed. Mayor Schmidt stated although he disagrees with Mr. Bennett, he feels the language contained in the Objective would override any of the policies that fall under it and be superior to them. Mayor Schmidt suggested the following modification to the proposed language to Policy C-4.2: "Covering the downtown business districts surrounding the Atlantic Avenue corridor between 1-95 and A-l-A, it represents the citizens' vision for the growth and unification of Delray Beach while still retaining the "village like, community by-the-sea" character of the CBD." Mr. Levinson stated he cannot support the change. Mr. Levinson stated he feels this is more than appropriately covered in the Objective and commented that he feels it is wrong and demeans all the effort that everyone else made. Mr. Perlman stated he has spent much of his service on the City Commission Co- Chairing the Downtown Master Plan and stated what was sent out was a lot of misinformation and fear mongering. Mr. Perlman stated this Commission has done more with the Downtown Master Plan to preserve the "village by-the-sea" and commented that this was the entire reason for doing the plan and will be getting design guidelines to further strengthen what the Commission is trying to achieve. Mr. Perlman commented that this is political opportunism for people that have co-opted organizations for their own personal uses and creating misinformation. Therefore, Mr. Perlman stated he supports adding the language that Mayor Schmidt has suggested. Mrs. Archer stated she concurs with comments expressed by Commissioner Levinson and Commissioner Perlman. Mrs. Archer she too does not have a problem with further increasing the understanding that the Commission is indeed supporting a "village by-the-sea" atmosphere and supports the new wording in the policy statement. -30- 07/16/02 Ms. McCarthy stated she too during this process have believed that the "village by-the-sea" has a nice sound to it even though it has a multitude of interpretations. Ms. McCarthy stated she is not adverse to the verbiage being put in there and is not adverse to it not being there because of all the words that are currently there which dictate that when decisions are made (i.e., about how tall a building is, how large a building is, and setbacks) that it has already embraced what the Commission heard at the Charrette Meetings which is the "village by-the- sea" concept for the City of Delray Beach. Ms. McCarthy stated she has no real strong feeling one way or the other as long as the LDR' s are adhered to and the things that are in place. Mr. Levinson stated that he feels this will be a terrible precedent to set. Mr. Levinson commented about a telemarketing call with a recorded voice on the phone, no supporting information, no way to communicate, no identification of who this was and stated he feels this is the wrong way to be governing. Mayor Schmidt stated he does not feel that leaving the language out is going to change anything or adding the language he suggested is going to change anything. Mayor Schmidt stated all it is saying is we were directed to write the plan and keep in mind to still retain the "village-like community by-the-sea" character of the CBD. Mayor Schmidt stated the language he is suggesting says okay we wrote the plan, and we took that into account when we wrote it; not suggesting the language that has been proposed binds us that any future amendments must conform to it. Mayor Schmidt stated he feels this will let people in the community know that the Commission has not responded to scare tactics but instead has listened to them which he feels speaks for the majority in this case. Mr. Perlman moved to approve Ordinance No. 16-02 on First Reading/Transmittal Hearing for Comprehensive Plan Amendment 2002-01 with the amended language suggested by Mayor Schmidt, 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. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items from the City Commission. 13. Comments and Inquiries on Non-Agenda Items. 13.A. City Mana;~er. The City Manager stated he is happy to report that David Junghans, Administrative Services Director/Police Department, was in Delray Community Hospital today and visited Officer Orsino's room and noted he was sitting up in a chair. The City Manager stated Officer Orsino took a turn for the better on Sunday in response to the prayers from many people. Secondly, the City Manager reported that with regard to the League of Cities in June there was lengthy presentation and discussion about the financial status for Adelphia and -31- 07/16/02 this will continue to be monitored. Furthermore, the City Manager stated there will be a seminar held later this month in West Palm Beach regarding this matter. The City Manager stated there is a proposed county-wide petroleum ordinance and commented that the County is adopting a State law so that they would be able to enforce it locally rather than having to rely on the State to enforce it. Furthermore, the City Manager explained this ordinance involves the clean-up of sites that primarily have contamination from underground storage tanks. The City Manager announced that he was reappointed to Chair the Transportation Sub-Committee and commented that he has a listing of all new appointments. Also, the City Manager noted that Carmine Priore, Beverly Smith, and Richard Radcliff were nominated to the Florida League Board of Directors. 13.B. City Attorney. The City Attorney had no comments or inquiries on non-agenda items. 13.C. 13.C.1. City Commission. Mayor Schmidt Mayor Schmidt stated since there will be discussion regarding the budget at the Workshop Meeting of August 13th, he suggested that each Commissioner schedule a meeting with the City Manager prior to this date. Mayor Schmidt stated he would like to schedule a tentative second Budget Workshop Meeting for August 27, 2002, which was approved by consensus. 13.C.2. Commissioner McCarthy Ms. McCarthy thanked Representative James "Hank" Harper, Jr., who presented the movie "Counting on Democracy" The Untold Story of the Election Debacle (narrated by Ossie Davis and Ruby Dee) in the Crest Theatre building at Old School Square. Ms. McCarthy stated Mr. Harper and his staff brought this movie to the Crest Theatre along with help from Marilyn Alford with Village Academy. Secondly, Ms. McCarthy stated she has repeatedly talked about economic empowerment. Ms. McCarthy stated although most people are pleased that the price of homes are increasing, they are also concerned with peoples salaries that may not be increasing as quickly as the cost of homes. Ms. McCarthy stated Thuy Shutt and Rosalind Murray have brought to her attention a program that is currently being done in another county. Therefore, Ms. McCarthy stated she will be asking for Federal, State, and local assistance to see if this program can become a reality here in Delray Beach. -32- 07/16/02 Ms. McCarthy announced that Dorothy Ellington, Delray Beach Housing Director, lost her mother over the weekend. Lastly, Ms. McCarthy stated that Terry Henes, who worked as an independent contractor through the Parks and Recreation Department as a ballroom dance instructor, was in a serious car accident over the weekend. Ms. McCarthy commented that Ms. Henes is in the Boca Raton Community Hospital and asked that everyone keep her in their prayers. 13.C.3. Commissioner Archer Mrs. Archer commented that the Drug Task Force will be making a recommendation to the Commission very soon. She stated the recommendation will be how the City may want to revise its ordinances in keeping with the new Bill that was passed in Tallahassee with regard to the wording change for drug treatment facilities. Secondly, Mrs. Archer stated she has a great deal of difficulty with accepting the fact that a member of the public would feel slighted at having the City say "no" to augment a City park in a private community and then criticizing the City for not doing that. Mrs. Archer stated she feels this would be inappropriate spending of public funds and stated she is extremely offended by this particular comment. 13.C.4. Commissioner Levinson Mr. Levinson stated the DDA is having its Budget Workshop Meeting on Wednesday if anyone would like to attend. Mr. Levinson stated he has been made aware by some City staff who he communicates with on a regular basis that there has been some verbal abuse or discourtesy by certain members of the public. Mr. Levinson stated he would like to set up a meeting to discuss this issue with the City Manager and see whether or not it is prevalent and how prevalent it may be in other departments. Mr. Levinson stated he has heard people from the public who chastise the Commission for not giving them information. Mr. Levinson stated he feels as a Commission they have done their best to be fair and honest and commented that he returns telephone calls and emails. He commented that generally when he talks to these people they are very understanding of the facts. Furthermore, Mr. Levinson continued to state that he gives appropriately to each comment and evaluates each one against the other comments he receives. Mr. Levinson stated he is not disseminating this information nor does he believe the rest of the Commission is either. Mr. Levinson stated he is providing complete information and commented that along with Commissioner Archer he takes a personal offense to people from the public who make accusations without any substance to support them as they fail to provide information to the City Attorney when asked for it. Mr. Levinson stated he would feel uncomfortable bringing his children to a meeting and have them listen to adults talk to the Commission the way many of the people in the audience do, or conduct themselves with jeers, cheers, and nasty comments. Mr. Levinson stated someone from the public stated that the Commission "will pay at the polls". Mr. -33- 07/16/02 Levinson commented that he stated approximately 1 lA years ago his goal was (and still is) to make sure that the Commission prepared the City of Delray for the next 10, 20, 30, 40 or 50 years. Mr. Levinson stated he feels the Commission has done an outstanding job with the high school and if his entire legacy was only that issue, he would feel that his term on this Commission was very well spent. Mr. Levinson stated he is anxious to discuss those issues with people but reiterated that he is not interested in discussing them with people who unfortunately when you tell them the facts continue to tell you that you are not telling the facts, or that you are self-serving, or many other allegations that have been made. 13.C.5. Commissioner Perlman Mr. Perlman stated he is gratified to hear that Officer Orsino is on the mend and thanked the City Manager for contacting him while he was out of town with that information. Mr. Perlman stated he is glad that Officer Orsino is doing better and hopes there is a continued recovery. Secondly, Mr. Perlman commented that the July 4th fireworks were the best ever and commended Marjorie Ferrer for all her efforts. Mr. Perlman stated it was a great event and feels it was a much needed celebration. Mr. Perlman stated he had the opportunity to drive through the mid-west in Ann Arbor, Michigan and commented that they have a really nice downtown. Mr. Perlman stated the parking garages are super attractive and integrate real well. He suggested that the City of Delray Beach contact their City officials to obtain some pictures of the parking garages. Mr. Perlman stated he had the opportunity to have dinner with Scott Maddox, Mayor of Tallahassee and the Immediate Past President of the Florida League of Cities and announced that Mr. Maddox is running for Attorney General. Mr. Perlman commented that Mr. Maddox has visited 405 cities during his term as President of the Florida League of Cities and stated the City of Delray Beach is "cool". Furthermore, Mr. Perlman seconded Mr. Levinson's comments that the Planning and Zoning staff is incredible. There being no further business, Mayor Schmidt declared the meeting adjourned at 8:45 p.m. City Clerk -34- 07/16/02 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 July 16, 2002, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions to the Minutes as set forth above. -35- 07/16/02 Levinson commented that he stated approximately 1 ½ years ago his goal was (and still is) to make sure that the Commission prepared the City of Delray for the next 10, 20, 30, 40 or 50 years. Mr. Levinson stated he feels the Commission has done an outstanding job with the high school and if his entire legacy was only that issue, he would feel that his term on this Commission was very well spent. Mr. Levinson stated he is anxious to discuss those issues with people but reiterated that he is not interested in discussing them with people who unfortunately when you tell them the facts continue to tell you that you are not telling the facts, or that you are self-serving, or many other allegations that have been made. 13.C.5. Commissioner Periman Mr. Perlman stated he is gratified to hear that Officer Orsino is on the mend and thanked the City Manager for contacting him while he was out of town with that information. Mr. Perlman stated he is glad that Officer Orsino is doing better and hopes there is a continued recovery. Secondly, Mr. Perlman commented that the July 4th fireworks were the best ever and commended Marjorie Ferrer for all her efforts. Mr. Peflman stated it was a great event and feels it was a much needed celebration. Mr. Perlman stated he had the opportunity to drive through the mid-west in Ann Arbor, Michigan and commented that they have a really nice downtown. Mr. Perlman stated the parking garages are super attractive and integrate real well. He suggested that the City of Delray Beach contact their City officials to obtain some pictures of the parking garages. Mr. Perlman stated he had the oppommity to have dinner with Scott Maddox, Mayor of Tallahassee and the Immediate Past President of the Florida League of Cities and announced that Mr. Maddox is running for Attorney General. Mr. Perlman commented that Mr. Maddox has visited 405 cities during his term as President of the Florida League of Cities and stated the City of Delray Beach is "cool". Furthermore, Mr. Perlman seconded Mr. Levinson's comments that the Planning and Zoning staff is incredible. There being no further business, Mayor Schmidt declared the meeting adjourned at 8:45 p.m. City Clerk -34- 07/16/02 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 July 16, 2002, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions to the Minutes as set forth above. -35- 07/16/02