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09-17-02SEPTEMBER 17~ 2002 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor David W. Schmidt in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, September 17, 2002. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Alberta McCarthy Commissioner Jeff Perlman Commissioner Jon Levinson Mayor David W. Schmidt Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Barbara Garito, City Clerk 2. The opening prayer was delivered by Rabbi Suzanne Carter, Chief Chaplin with the Delray Beach Fire and Police Department. The Pledge of Allegiance to the flag of the United States of America was given. o AGENDA APPROVAL. The City Manager noted that Item 6.A., Proclamation recognizing and commending Matthew Boyar - Ocean Rescue Division be postponed until the Regular City Commission Meeting of October 1, 2002. 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. APPROVAL OF MINUTES: Mayor Schmidt noted two typographical errors to page 18 of the Minutes of the Regular Meeting of September 3, 2002. The words "Savior Homes Amendment" should read "Save Our Homes Amendment" and the word "looses" should be "loses". Mr. Perlman moved to approve the Minutes of the Regular Meeting of September 3, 2002, as corrected, 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. Mrs. Archer moved to approve the Minutes of the Special Meeting of September 10, 2002, 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. PROCLAMATIONS: 6.A. Recognizing and Commending Matthew Boyar - Ocean Rescue Division. This proclamation has been postponed to the Regular City Commission Meeting of October 1, 2002. 6.g. Team Recognizing and Commending the Delray Beach Ocean Rescue Competition. Mayor Schmidt read and presented a proclamation hereby recognizing and commending the first place winners and members of the Ocean Rescue Competition Team for their superior achievement and their representation of the City of Delray Beach and offered them congratulations on a job well done in the United States Lifesaving Association 2002 National Lifesaving Championships. Heather Irurzun, EMT, came forward to accept the proclamation. Bob Taylor, Ocean Rescue Superintendent, stated on behalf of the Ocean Rescue Competition Team, he thanked the Commission for this great honor. First Place Winners: Operations Supervisor Heather Irurzun, EMT Ocean Rescue Officer Amy Schwarz, EMT For Superior Achievement: Ocean Rescue Officer Bethanne Schwarz, EMT Ocean Rescue Office Mark Henkle, Paramedic - EMT Ocean Rescue Officer Mason Pearce, EMT 6.C. Unity in the Community Month - October 2002 Mayor Schmidt read and presented a proclamation proclaiming October 2002 as Unity in the Community Month in the City of Delray Beach, Florida. Lula Butler, Director of Community Improvement, came forward to accept the proclamation. Janet Meeks, Education Coordinator, stated October is going to be an exciting month for the community of Delray Beach and its residents. Mrs. Meeks briefly explained the events that will be going on in October. Mrs. Meeks stated Famous Amos will be here on -2- 9/17/02 October 1, 2002. October 2, 2002, will be "Walk and Ride Your Bike to School Day" which is a safety awareness program highlighting Banyan Creek Elementary School. Volunteers will be out early in the morning to help students walk to school and those children will present a survey to the Commission of any problems they may encounter on their walk to school in an effort to make it easier for them to get to school in the morning. October 3, 2002, will be "Fall Residents Academy Kick-Off Session", and October 10, 2002, "Lights on After School" stressing the awareness and importance of the After School Program highlighting the City of Delray Beach After School Program. On October 15, 2002, Mrs. Meeks stated a few proclamations will be brought before the Commission recognizing Eula Mason-Berry for her ten years of service at Plumosa Elementary School (who has now moved to Crosspointe Elementary School) and S.D. Spady and Morikami will be recognized for achieving A's on their FCAT scores. In that same evening, if ready, the survey from "Walk and Ride Your Bike to School Day" will be presented to the Commission. The week of October 15th or shortly thereafter, there will be a dedication of the "505 Building" (Teen Central) and on October 23rd there will be a "Community Dinner" where two unlikely neighborhoods will come together and get to know their neighbors and leaders. At this dinner, Mrs. Meeks stated a neighborhood grant in the amount of $2,000 will be given away for the neighborhood that has the highest attendance and they will be able to do any improvement to their neighborhood that they feel is necessary. 6oDo Walk Our Children to School Day - October 2~ 2002 Mayor Schmidt read and presented a proclamation proclaiming October 2, 2002, as Walk Our Children to School Day in the City of Delray Beach, and encourage all citizens to consider the safety of pedestrians that day and everyday. Jim Smith stated on behalf of Jane King, School Coordinator, and Officers Jeff Messer and Jim Finley of the Delray Beach Police Department, he would like to thank Mayor Schmidt for this proclamation and Commissioner McCarthy for proposing it. In addition, Mr. Smith thanked the Progressive Residents of Delray (PROD) for their financial support and their personal commitment for the walk, extended a special thanks to Alexis Lee of Florida Atlantic University Safe Kids Coalition for her County-wide support of this program, and thanked everyone involved for their generous support. ° PRESENTATIONS: None. o CONSENT AGENDA: City Manager Recommends Approval. 8.A. RESOLUTION NO. 71-02: Approve the abandonment of the 16' north-south alley within the Blank-Nichols Subdivision together with the 16' north-south alley running through the center of the north 87.5 feet of the south half of Block 120, Town of Delray Plat, for the proposed Meridian mixed-use development. The caption of Resolution No. 71-02 is as follows: -3- 9/17/02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING ALL OF THE 16-FOOT ALLEY LYING WITHIN BLANK- NICHOLS SUBDIVISION (PB 13, PG 28) TOGETHER WITH A 16- FOOT ALLEY RUNNING THROUGH THE CENTER OF THE NORTH 87.5 FEET OF THE SOUTH HALF (S iA) OF BLOCK 120, TOWN OF DELRAY, BUT RESERVING AND RETAINING TO THE CITY A GENERAL UTILITY EASEMENT OVER THE ENTIRE AREA THEREOF, AS MORE PARTICULARLY DESCRIBED HEREIN. (The official copy of Resolution No. 71-02 is on file in the City Clerk's office.) 8.B. INDEPENDENT CONTRACTOR AGREEMENT/FIRST NIGHT 2003: Approve an agreement between the City and Katherine Smith in the amount of $3,000.00 for management and administrative services for the First Night 2003 Event. 8oCo FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) GRANTS/CATHERINE STRONG CENTER & BARWICK PARK: Authorize the acceptance of two (2) grants from Florida Recreation Development Assistance Program (FRDAP); Catherine Strong Center grant in the amount of $107,250.00 for tennis courts and Barwick Park grant in the amount of $50,000.00 for playground equipment. 8.D. HOLIDAY TREE EXHIBIT AGREEMENT: Approve an agreement between the City and Joint Venture delineating responsibilities for the Holiday Tree Exhibit. 8.E. IN-LIEU PARKING FEE AGREEMENT/MERIDIAN: Approve an agreement between the City and Mallory II, L.L.C. for the Meridian regarding the refund of in- lieu parking fees if construction of additional parking occurs on the newly acquired parcel adjacent to the subject property. 8.F. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Approve and endorse the Art & Jazz on the Avenue scheduled for October 17, 2002 from 6:00 p.m. to 10:00 p.m., granting a temporary use permit per LDR Section 2.4.6(H) for the closure of Atlantic Avenue from Swinton to N.E. 7th Avenue, the south side of Atlantic Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic Avenue to N.E. 1st Street, N.E. 2nd Avenue from Atlantic Avenue to N.E. 2nd Street, and authorize staff support for security and traffic control, banner hanging and removal, barricade set-up/removal, trash removal and clean up, and use/set-up of City stages. 8.G. EXTENSION TO JEG ASSOCIATES AGREEMENT: Authorize and approve an extension to the agreement between the City and JEG Associates for the Southwest Area Neighborhood Redevelopment Plan until September 30, 2002 and expand the scope of services. 8.H. HOUSING REHABILITATION GRANT\CONTRACT AWARD: Approve Housing Rehabilitation grant\contract award through Community Development Division in the -4- 9/17/02 amount of $20,758.50 to Henry Haywood (324 SW 11th Avenue). Funding is available from 118-1963-554-49.19 (SHIP Housing Rehabilitation Grant). 8.1. TRI-PARTY AGREEMENT/FIRST NIGHT 2003: Approve an agreement between the City, Joint Venture, and Old School Square and proposed budget for the First Night 2003 Event. 8.J. AWARD OF BIDS AND CONTRACTS: Purchase award to United Compressor in the amount of $34,161.25 for the purchase of a Self Contained Breathing Apparatus Air Compressor and Fill Station under the Palm Beach County Bid #01-192/CB. Funding is available from 334-6112-519-64.90 (Other Machinery/Equipment). Bid award to Florida Network Tours, Inc. in the total amount of $50,710.00 for bus rental and driver service. Funding is available from 001-4106-572-44.90 (Summer Camp), 001-4121-572-44.90 (Special Events), 001-4105-572-44.90 (Afterschool Program), 115-4912-572-55.30 (Rocks Football Away Games), and 001-4121-572-55.30 (Rocks Football Home Games). Bid award to Oceanside Beach Service in the amount of $3,916.00 per month for beach cabana service. Mrs. Archer moved to approve the Consent Agenda, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA: 9.A. WAIVER REQUEST TO REDUCE OPEN SPACE REQUIREMENT/DUVALL PLACE: Consider a request to waive LDR Section 4.4.13(F)(2) to reduce the required 10% open space to 8.1% open space for Duvall Place, a proposed eight (8) unit townhouse/condominium project located on the west side of S.E. 6th Avenue, approximately 147 feet south of S.E. 1st Street. (Quasi-JudicialHearing) Mayor Schmidt read into the record a summary of how a quasi-judicial hearing is conducted by the City of Delray Beach. The City Attorney stated this item will be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were disclosed. -5- 9/17/02 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 #2002-308 into the record. Pursuant to LDR Section 4.4.13(F)(2) a minimum of ten percent (10%) non- vehicular open space is required. The proposal provides an 8.1% open space at the ground level and 10.5% on the 2nd level pool deck area for a total of 18.6%. As the second level is not considered open space, by definition, only 8.1% of open space has been provided and the applicant is seeking a waiver at this time. Mr. Dorling stated the required finding with respect to LDR Section 2.4.7(B)(5) is made in the staff report. At its meeting of September 11, 2002, the Site Plan Review and Appearance Board (SPRAB) recommended approval of the waiver to reduce the required open space from 10% to 8.1% based upon positive findings with respect to LDR Section 2.4.7(B)(5). Jess Sowards~ Architect with Robert G. Currie Partnership~ Inc. 134 N.E. 1st Avenue~ Delra¥ Beach~ stated they are in agreement with staff and he is available to answer any questions the Commission may have. There were no questions from the Commission for the applicant. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding the waiver request, the public hearing was closed. There was no cross-examination or rebuttal from either staff nor the applicant. Mr. Perlman moved to approve the waiver request for Duvall Place from LDR Section 4.4.13(F)(2), to reduce the required 10% open space to 8.1% open space on the ground level of the property, based upon positive findings with respect to LDR Section 2.4.7(B)(5), 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. 9.B. FUNDING FOR SPECIAL EVENTS & CHARITABLE ORGANIZATIONS: Consider approval of the recommended funding allocations for special events and charitable organizations for FY 2003. Robert A. Barcinski, Assistant City Manager, stated this item is before the Commission to consider approval of the recommended funding allocations for special events and charitable organizations for fiscal year 2003. -6- 9/17/02 Mr. Levinson stated that he had a conversation today with the City Manager and he suggested that the City schedule out the waivers for special events because they amount to a significant amount of money. Mr. Levinson moved to approve the recommended funding allocations for special events and charitable organizations for fiscal year 2003, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.C. FLORIDA LEAGUE OF CITIES/CONSTITUTIONAL CHALLENGE PARTICIPATION: Consider a request for the City of Delray Beach to participate in a lawsuit to challenge the constitutionality of the Police Officers' Presumption (SB 108). Mayor Schmidt stated he would support the City joining in the lawsuit as a party. Mrs. Archer concurred with comments expressed by Mayor Schmidt. Mr. Perlman commented that the only city named so far in Palm Beach County is Belle Glade and asked if there are other cities in the County that are considering this. Furthermore, Mr. Perlman asked the City Attorney how much time does she anticipate this taking. In response, the City Attorney stated the time should be minimal. Also, the City Attorney commented that when she originally called the Florida League of Cities she was informed that the lawsuit had been filed. However, she received a call back explaining that they would like to have other participants and therefore stated this may explain the limited list of participants. Mr. Levinson commented that this was discussed very casually at one of the League Meetings and was not discussed in any formal way other than it was made public that there were a number of cities who were participating and that there was a discussion to include others. Mrs. Archer moved to approve the City to pursue the participation in the lawsuit, 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 - No. Said motion passed with a 4 to 1 vote. 9.D. SPECIAL EVENT/HOUDINI: Consider approval of special event request to allow the Houdini Packing Crate Escape to be held on October 26, 2002 at 5:00 p.m., including a temporary use permit per LDR Section 2.3.6(H) for the use of Veterans Park, and authorize staff support for security, EMS assistance, barricading, and signage; contingent on the sponsor paying all City costs and the receipt of a hold harmless agreement. Robert A. Barcinski, Assistant City Manager, stated this is a request to support the performance of the Houdini Packing Crate Escape which will be reenacted in an authentic Houdini trunk to take place in the Intracoastal Waterway on October 26, 2002 at 5:00 p.m. This performance is part of the program that will be going on over the weekend at the Creations Pop -7- 9/17/02 Culture Museum and Creations Home Design Center. Staff assistance has been requested for security and EMS service. The estimated overtime costs are $650 and sign costs are approximately $200 and the sponsor has agreed to pay both costs. In addition, the sponsor has received permission from the Coast Guard and has provided the required insurance certificates. Staff recommends approval of this request, granting a temporary use permit per LDR's Section 2.3.6(6)(H) for the use of Veterans Park, and authorizes staff support as requested contingent on the sponsor paying all City costs and the receipt of a hold harmless agreement. Mrs. Archer moved to approve the special event request to allow the Houdini Packing Crate Escape to be held on October 26, 2002 at 5:00 p.m., 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.E. REQUEST TO REDUCE LIENS/EDWIN IVY: Consider a request to reduce liens on a vacant lot acquired by Edwin Ivy located in the 300 Block ofN.W. 5th Avenue. The liens currently total $4,489.03; Mr. Ivy is prepared to pay the remaining lien of $2,792.99, which includes the City's out-of-pocket expenses. Lula Butler, Director of Community Improvement, explained that this is a request from Mr. Edwin Ivy (seller) for consideration of reducing the City liens and that he only be responsible for paying the City's out of pocket costs which total $2,792.99. Mr. Perlman moved to approve a request from Edwin Ivy to reduce liens to cover the City's out of pocket expenses of $2,792.99, 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.F. REQUEST TO REDUCE LIENS/RAY MITCHELL: Consider a request to reduce liens on a vacant lot acquired by Ray Mitchell located on S.E. 6th Street. The liens currently total $1,329.11; Mr. Mitchell is prepared to pay the remaining lien of $752.43, which includes the City's out-of-pocket expenses. Lula Butler, Director of Community Improvement, stated this is a request from Ray Mitchell who acquired a vacant piece of property which is located next to his home on S.E. 6th Street. Mr. Mitchell bought the property through a tax certificate sale and paid all back taxes. He purchased the lot in order to enlarge his personal property. Ms. Butler stated this is a buildable lot and she cannot determine any significant hardship other than he does not want to expend any more dollars than he has already paid for the tax certificate and taxes. Prior to the vote, Mr. Levinson stated it is important to note that the amount of $752.43 is not the out-of-pocket expenses. Mr. Levinson stated the administrative fees and recording fees under the City's definition are considered the out-of-pocket expenses. -8- 9/17/02 Mr. Perlman moved to deny the request to reduce liens on a vacant lot acquired by Ray Mitchell located on S.E. 6th Street, 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 to deny passed with a 5 to 0 vote. 9oGo REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Consider acceptance of the actions and decisions made by the Land Development Boards for the period September 2, 2002 through September 13, 2002. The City Manager expressed concern with SPRAB Item ! which reads "reduced the site visibility corner at the intersection of the driveway and S.E. 6th Avenue from 20' to 14' and the intersection of the driveway and the north/south alley from 20' to 3'." The City Manager stated he feels this creates a hazardous condition. The City Manager stated he has discussed this with Mr. Dorling and there is one extra parking space and therefore believes things can be moved around to accommodate it. Mayor Schmidt suggested that the Commission appeal Item ! and gave direction to the Planning Director to get this worked out with the applicant between now and October 1st. Mr. Perlman moved to approve to appeal SPRAB Item ! (first bullet) to be heard on October 1, 2002, 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.H. LOAN REPAYMENT REQUEST/EPOCH: Consider a request from Expanding and Preserving Our Cultural Heritage, Inc. (EPOCH) regarding payment of the loan balance due to the City. Brahm Dubin, Treasurer of EPOCH, stated EPOCH is a very viable organization and commented that the annual budget for EPOCH is $222,000. The City Manager commented that the current outstanding balance is $52,000. The City Manager stated he has provided the Commission with several different payment options and commented that how they choose to modify the loan arrangement should be up to the discretion of the Commission. Joseph Safford, Finance Director, stated he has reviewed all the financial statements and recommends the alternative for the payments be spread out over a period of time. Mr. Levinson concurred about the City Manager's recommendation (#2) about entering into an agreement allowing for repayment of the loan over a longer period and stated he feels this makes sense on a 15 year basis to stretch the principal reduction. Furthermore, Mr. Levinson stated the only caveat he would add would be rather than place in the document the forgiveness of debt over a 15 year period, he feels this should be left to the discretion of the Commissions as they come along. -9- 9/17/02 Ms. McCarthy moved to approve that the City enter into a new agreement allowing for repayment of the loan over a 15 year period with 0% interest, seconded by Mr. Levinson. At this point, Mr. Levinson suggested that the motion be amended to be a 15 year loan, the first year being $3,000 with the balance of the 14 years being $3,500 because this way it works out to an even number. Ms. McCarthy moved to approve the City entering into a new agreement allowing for repayment of the loan over a 15 year period with 0% interest, the first year being $3,000 and the balance of the 14 years being $3,500, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:05 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 41-02: An ordinance rezoning from RM (Multiple Family Residential - Medium Density) to CF (Community Facilities) a parcel of land located on the east side of Gleason Street, approximately 450 feet south of East Atlantic Avenue (39 Gleason Street); associated with the First Presbyterian Church of Delray Beach. 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. 41-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING LAND PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY) DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A PARCEL LOCATED APPROXIMATELY 450 FEET SOUTH OF EAST ATLANTIC AVENUE (39 GLEASON STREET), AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 2002" PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 41-02 is on file in the City Clerk's office.) 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. -10- 9/17/02 Mayor Schmidt read into the record a summary of how a quasi-judicial hearing is conducted by the City of Delray Beach. The City Attorney stated this item will be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were disclosed. The City Clerk swore in those individuals who wished to give testimony on this item. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2002-287 into the record. Mr. Dorling stated the current request is to rezone a residential property located at 39 Gleason Street recently purchased by the church to be utilized as a facility for Christian Education. At its meeting of August 19, 2002, the Planning and Zoning Board held a public hearing in conjunction with the request. After reviewing the staff report and discussing the proposal, the Board voted 6-0 (Randolph absent) to recommend that the request be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. Staff recommends approval of the ordinance for a zoning designation change from RM (Medium Density Residential) to CF (Community Facilities) based on positive findings with respect to Chapter 3 (Performance Standards), LDR Sections 2.4.5(D)(5), and policies of the Comprehensive Plan. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 41-02, the public hearing was closed. Mr. Perlman moved to adopt Ordinance No. 41-02 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 10.B. RESOLUTION NO. 75-02 (MILLAGE LEVY): A resolution levying a tax on all properties within the City of Delray Beach for operation and maintenance, and for payment of principal and interest on bonded indebtedness for FY 2003. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The caption of Resolution No. 75-02 is as follows: -11- 9/17/02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 75-02 is on file in the City Clerk's office.) The City Attorney announced that this resolution levies a tax on all properties in the City of Delray Beach for fiscal year 2002-03 as follows: 7.44 mills for operation and maintenance of the General Fund, 0.56 mills for the payment of principal and interest on bonded indebtedness for a total of 8.00 mills as the millage rate. The rolled back rate calculated under the TRIM law for operating purposes is 6.8512 mills. The millage rate is 8.59% above the rolled back rate. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 75-02, the public hearing was closed. Mr. Perlman commented that in light of the economy, the performance of the pension plan and the fact that we have asked the City Manager to put in a couple of significant positions, he is pleased with the millage rate. Mr. Perlman moved to adopt Resolution No. 75-02, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 10.C. RESOLUTION NO. 76-02 (MILLAGE LEVY/DDA}: A resolution levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2003. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The caption of Resolution No. 76-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY -12- 9/17/02 BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 76-02 is on file in the City Clerk's office.) The City Attorney stated this resolution levies a tax in the amount of 1.00 mill on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for fiscal year 2002-03. This millage exceeds the 0.9804 rolled back rate calculated under the TRIM law by 2%. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 76-02, the public hearing was closed. Mrs. Archer moved to adopt Resolution No. 76-02, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 10.D. RESOLUTION NO. 77-02 {FY 2003 BUDGET ADOPTION}: A resolution making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 2002 thorough September 30, 2003. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The caption of Resolution No. 77-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH FOR THE PERIOD FROM THE 1st DAY OF OCTOBER, 2002, TO THE BOth DAY OF SEPTEMBER, 2003; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. (The official copy of Resolution No. 77-02 is on file in the City Clerk's office.) -13- 9/17/02 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 Schmidt stated he received an email from the City Manager today about the part-time Animal Control Assistant position and asked what the additional time is estimated to be in order to get the Animal Control Officer on the street. Mayor Schmidt stated that the City Manager responded that it would take approximately 2 lA hours a day on the average. Mr. Levinson stated he talked to the City Manager about prevailing on the County and to possibly look at an alternative method because overall he feels this is a County function. Furthermore, Mr. Levinson reiterated that he would like the City Manager to focus on coming up with an alternative method with the County. Ms. McCarthy stated she is in favor of a part-time Animal Control Officer position. She commented when animals respond to a verbal command it is okay only if the person is there to give the verbal command. Ms. McCarthy commented that there are many dogs running in the streets without leashes or supervision. Ms. McCarthy stated she concurs with comments expressed by Mr. Levinson to pursue this with the County and see if there are additional services that are available to the City so that maybe we can get better control over what is happening. Mayor Schmidt stated considering the budget this year, he cannot support adding a part-time position for an Animal Control Assistant. However, Mayor Schmidt suggested that perhaps the City look at changing its ordinance regarding animals to require that all animals be on a leash. In addition, Mayor Schmidt suggested that the City look into what the County can do. Mrs. Archer concurred with comments expressed by Mayor Schmidt. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 77-02, the public hearing was closed. Mr. Levinson moved to adopt Resolution No. 77-02, 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. IO.D.1. APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN: Accept the Planning and Zoning Board's finding that the proposed Five Year Capital Improvement Plan and FY 2003 Capital Improvement Budget are consistent with the Comprehensive Plan, and approve same. The City Manager noted a change on page two of the proposed list. Under Parks and Recreation facilities, Plumosa Park has been added at $186,750 which is being funded by the -14- 9/17/02 fact that Palm Beach County Commissioner Addie Greene is making money available for street improvements in the Seacrest area. This will free up some of the City's funding to do this park improvement and therefore stated this changes the total to $3,085,750. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding the Five Year Capital Improvement Plan, the public hearing was closed. Mrs. Archer moved to approve the Five Year Capital Improvement Plan, 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. 10.E. ORDINANCE NO. 38-02: An ordinance amending Chapter 51, "Garbage and Trash", of the City Code of Ordinances by amending Section 51.70, "Regular Charges Levied", to provide for increasing contracted garbage, trash, recycling, vegetation, and bulk waste collection service rates by 1.6% for FY 2003. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 38-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASED RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 2003; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 38-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. 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. At this point, Mayor Schmidt left the dais and passed the gavel to Vice-Mayor Perlman. Vice-Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 38-02, the public hearing was closed. Mr. Levinson moved to adopt Ordinance No. 38-02 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. -15- 9/17/02 Levinson - Yes; Ms. McCarthy - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 10.F. ORDINANCE NO. 39-02: An ordinance amending Chapter 52, "Water" of the City Code of Ordinances by amending Section 52.34, "Water Rates", to provide for increased residential, nonresidential, and irrigation rates for FY 2003. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 39-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 52.34, "WATER RATES", SUBSECTION 52.34(B), TO PROVIDE FOR INCREASED RESIDENTIAL, NONRESIDENTIAL AND IRRIGATION RATES FOR FY 2003; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 39-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. 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. At this point, Mayor Schmidt returned to the dais. Mayor Schmidt declared the public hearing open. There being no one from the audience who wished to address the Commission regarding Ordinance No. 39-02, the public hearing was closed. Prior to the vote, Mr. Perlman noted for the record that this is an unfunded federal mandate. Mr. Levinson moved to adopt Ordinance No. 39-02 on Second and FINAL Reading, 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.G. ORDINANCE NO. 40-02: An ordinance amending Chapter 53, "Sanitary Sewers", of the City Code of Ordinances by amending Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", to provide for increased residential and nonresidential/commercial rates for FY 2003. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this -16- 9/17/02 time. The caption of Ordinance No. 40-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53, "SANITARY SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 53.130, "USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER SURCHARGE", SUBSECTION 53.130(D), TO PROVIDE FOR INCREASED RESIDENTIAL AND NONRESIDENTIAL/COMMERCIAL RATES FOR FY 2003; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 40-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 40-02, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 40-02 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. 10.H. ORDINANCE NO. 43-02: An ordinance amending Chapter 35, "Employee Policies and Benefits", Subheading "Retirement Plan" of the City Code of Ordinances by enacting Subsection (M), "Early Retirement Incentive" to establish an early retirement incentive program for eligible employees. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 43-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY CREATING A NEW SUB SECTION (M), "EARLY RETIREMENT INCENTIVE", IN SECTION 35.097; ESTABLISHING AN EARLY RETIREMENT INCENTIVE PROGRAM FOR -17- 9/17/02 ELIGIBLE EMPLOYEES; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 43-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 43-02, the public hearing was closed. Mr. Perlman moved to adopt Ordinance No. 43-02 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 10.I. ORDINANCE NO. 44-02 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending the Land Development Regulations Section 4.4.21(H) and Section 4.3.4(K) "Development Matrix" relating to the open space requirements for properties zoned CF (Community Facilities) located within the West Atlantic Avenue Redevelopment Area. If passed, a second public hearing will be scheduled for October 1, 2002. Prior to consideration of passage of this ordinance, a First Reading/First Public Hearing has been scheduled to be held at this time. The caption of Ordinance No. 44-02 is as follows: 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 4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT", SUBSECTION (H), "SPECIAL REGULATIONS", BY ADDING A NEW PARAGRAPH (3) TO PROVIDE FOR A MINIMUM OF 10% NON-VEHICULAR OPEN SPACE FOR CF ZONED PROPERTIES IN THE WEST ATLANTIC AVENUE REDEVELOPMENT AREA; AND BY AMENDING SECTION 4.3.4(K), "DEVELOPMENT MATRIX", TO ADD SETBACK AND OPEN SPACE REQUIREMENTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 44-02 is on file in the City Clerk's office.) -18- 9/17/02 The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated the proposal is to amend the CF zoning district regulations to allow 10% of open space for properties in the West Atlantic Avenue redevelopment area where 25% is currently required. In May of 1995, an amendment to the CBD (Central Business District) regulations reduced the 25% open space requirement for the district to 10% and eliminated open space requirements for properties within one block of East Atlantic Avenue. In 1995, Mr. Dorling stated in response to the recommendations outlined in the West Atlantic Avenue Redevelopment Plan, the open space requirement in the GC zoning district within the West Atlantic Overlay District was reduced to 10%. Mr. Dorling stated this change is supported by the Redevelopment Plan and is supported by the West Atlantic Plan and is recently supported by the Downtown Master Plan. A clause with respect to allowing the requirement for additional open space when determined to be necessary will also be incorporated in this amendment so that the concerns of the Advisory Boards are addressed. At its meeting of August 19, 2002, the Planning and Zoning Board held a public hearing and unanimously recommended approval of the amendment. At its meeting of August 8, 2002, the Community Redevelopment Agency (CRA) considered this item and recommended approval subject to the condition that the Site Plan Review and Appearance Board (SPRAB) retain the ability to require additional landscaping where necessary. At its meeting of August 21, 2002, the Downtown Development Authority (DDA) reviewed and recommended approval of the proposed LDR text amendment and at its meeting of September 11, 2002 the West Atlantic Avenue Redevelopment Coalition (WARC) reviewed the amendment and recommended approval of the proposed LDR text amendment. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 44-02, the public hearing was closed. Ms. McCarthy moved to approve Ordinance No. 44-02 on First Reading/First Public Hearing, 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. 10.J. ORDINANCE NO. 45-02 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending the Land Development Regulations Section 4.3.2 "Prohibited Uses" and Section 4.3.3(DD) to provide for the prohibition of the sale of drug paraphernalia and the operation of drug paraphernalia businesses. If passed, a second public hearing will be scheduled for October 1, 2002. Prior to consideration of passage of this ordinance, a First Reading/First Public Hearing has been scheduled to be held at this time. The caption of Ordinance No. 45-02 is as follows: -19- 9/17/02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING CHAPTER FOUR, "ZONING REGULATIONS," OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 4.3.2, "DETERMINING USE," SUBSECTION 4.3.2 (C)(3), "PROHIBITED USES," BY PROHIBITING USES NOT ALLOWED PURSUANT TO FLORIDA STATE STATUTES; AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", BY ENACTING SUB SECTION 4.3.3 (DD), "DRUG PARAPHERNALIA", TO PROVIDE FOR THE PROHIBITION OF THE SALE OF DRUG PARAPHERNALIA AND THE OPERATION OF DRUG PARAPHERNALIA BUSINESSES; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 45-02 is on file in the City Clerk's office.) At this point, Mr. Levinson left the dais. 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 this amendment involves two sections of the LDR's, Section 4.3.2(C)(3) and Section 4.3.3(DD). The modifications to Section 4.3.3(DD) adds a new section to "Special Requirements for Specific Uses" by adding "Drug Paraphernalia" along with a reference to it being unlawful to sell or offer for sale drug paraphernalia or operate a business which primarily sells drug paraphernalia. The section also provides for exemptions for those authorized by law to manufacture, possess or distribute such items and for any item traditionally intended for use with tobacco products. At its meeting of August 10, 2002, the Planning and Zoning Board considered the amendment and the Board unanimously recommended approval on a 6-0 (Dwayne Randolph absent) vote. Mayor Schmidt declared the public hearing open. There being no one from the audience who wished to address the Commission regarding Ordinance No. 45-02, the public hearing was closed. The City Manager stated this came to the City's attention at the Innovation Group Conference at the end of May. He commented that this is a problem which has also occurred in other cities. Mr. Perlman moved to approve Ordinance No. 45-02 on First Reading/First -20- 9/17/02 Public Hearing, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. At this point, Mr. Levinson returned to the dais. At this point, the time being 7:30 p.m. 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. In response to a prior concern expressed by Mr. Franciosa and Mr. Bennett about enforcement of the sign ordinance regarding political signs and whether or not the signs can be posted, the City Manager stated the feeling was that some candidates were getting out of control with the signs and the location of the signs. In addition, the City Manager stated there was a perception that there was some favoritism of political signs and also inquired about the status of the re-write. Each of the campaign headquarters for political candidates was contacted regarding the City's requirement of the bond in the amount of $250 and each was given a copy of the sign code. Additionally, campaign headquarters were contacted to remove political signs that were in excess of the size allowed per code, traffic conflicts, and for one sign on wheels. The City Manager stated this requires constant attention of staff during political campaigns to try and keep signs in compliance with the code. With regard to a revised code, the first draft is completed and noted there are some changes and/or additions that are still necessary. The section of the code on political signs will be completed by the end of the week and submitted to the attorney's office for review. The City Manager stated the revised code should go before the public and Board review process over the next 2-3 months. 11.B. From the Public. ll.B.1. Gerry Franciosa~ 939 Eve Street~ Delray Beach~ commented that Alice Finst is a community activist who attends every Commission Meeting and has difficulty hearing the Commission. Mr. Franciosa commented that he too has difficulty hearing the Commission and stated the Commission is sitting too far from the microphones. Furthermore, Mr. Franciosa feels Mrs. Finst has been insulted because of her hearing impairment and deserves an apology. Mayor Schmidt commented that there was no insult intended. He continued to state this is something Mrs. Finst has complained about a lot and she chooses to sit in the same chair. ll.B.2. Ken Russell~ 1027 Coralina Lane~ Delray Beach~ stated it is interesting to see government in action and commented that the City management, administration, and Commission have done a good job as has its predecessors. Mr. Russell expressed concern over the closure of A-1-A. Mr. Russell stated there was very little notice ahead of time to the people who are affected. Mr. Russell stated he -21- 9/17/02 also did not see any quantification or effort to quantify the value of what residents are supposed to be getting for giving permission to allow the filming in Delray. Mr. Russell stated he has seen conflicting estimates in newspaper articles and has no way of assessing if those are good or bad estimates. Mr. Russell respectfully asked the Commission to report to the public at the next meeting of what revenues have come in as a result of the permission that was granted to do the filming and block the streets. In addition, Mr. Russell respectfully asked the Commission to respond to his concern about a public safety question. Mr. Russell continued to state that he along with other residents in the area would like the Commission to explain that there will be no impediment or impairment to a safe evacuation of the City in the event there is a hurricane during the time the streets are blocked. Mr. Russell stated he spoke to the Film Commissioner regarding the economic impact and also noted that Mayor Schmidt mentioned this at a Workshop Meeting to see if the City can quantify what the impact is. Mr. Perlman stated he is not sure if the numbers will be available for the next meeting but noted that the Commission has been reassured by the Film Commissioner that he will get these numbers for the City. From a safety standpoint, Mayor Schmidt stated in their planning process the Police and Fire Department have taken into consideration the possibility of evacuation in the event there is a storm. Mayor $chmidt commented a report will be provided to Mr. Russell in the near future. ll.B.3. Jay Slavim 2601 N.W. l0th Street~ Delray Beach~ (Rainberry Bay) stated by rumor she learned that the bus transport has been changed to her neighborhood and stated she did not believe it at first because she believed it to be just a rumor. Ms. Slavin commented that she receives notification from the City about everything that is being done in her neighborhood and stated she received no word that the entire bus system of delivering the high school students is all done without her having any knowledge of it. Ms. Slavin asked why there is nothing in writing and why the public did not have the opportunity to discuss it. Ms. Slavin stated people in Rainberry Bay have contacted her and have officially sent her this evening to find out what this is all about. Ms. Slavin stated she would like an explanation to her concerns in writing as to what the plan is, how many buses are involved, and where the buses will go. Ms. Slavin stated she contacted the overseer of Lake Ida Road because she is very active and involved with the progress of Lake Ida Road. Ms. Slavin stated she was informed that wires are in to synchronize a traffic light on Davis Road with Rainberry Bay's light and stated the residents of Rainberry Bay had no idea that this was going to happen. Ms. Slavin stated she would like to see the plan laid out and sent to both her and the Board of Directors of Rainberry Bay. Mr. Perlman commented that he spoke with Ms. Slavin twice over the weekend and stated he informed her that the Commission would get together with City staff and the residents of the association and explain everything to them. Mr. Perlman stated that this offer still stands. -22- 9/17/02 ll.B.4. Harriet Lerman, owner of Kids Early Learning Center located at 2200 Lake Ida Road (Delray Shores Shopping Center) Delray Beach, stated there have been a lot of accidents in this area and stated she has the responsibility of many children who attend the school. Ms. Lerman stated that nothing is being done in the Delray Shores area and feels the entire community is depreciating. With regard to Davis Road, Ms. Lerman stated that Davis Road is the only access that she and the children have to get into the school and commented that since the children are handicapped they are supposed to be dropped off at the front door of her school and are now not able to do that because the entrance has been blocked off. Therefore, Ms. Lerman stated the school buses drop the children off at the end of Davis Road and considering this is quite a distance from the front door of the school, she feels the children are being put in danger. Ms. Lerman stated it is currently very difficult to get in and out of Davis Road because of the traffic volume and feels Davis Road is not equipped to handle any more traffic particularly school buses. ll.B.5. John Dowling, President of Rainberrv Lake Homeowners' Association, Delray Beach, stated when the construction began on Lake Ida Road Rainberry Lake was denied a traffic light because they were told that Rainberry Lake is too close to Congress Avenue. He expressed concern over the traffic on Davis Road and commented that the people who live in Rainberry Lake will only be able to make a right-hand turn when exiting Rainberry Lake. Mr. Dowling stated there are approximately 438 homes in Rainberry Lake and commented that school buses pick up children right in front of Rainberry Lake every morning and noon. Mr. Dowling stated he feels most people going to work will need to make a left towards 1-95 and feels this is just going to increase the amount of traffic in the area and will make it even more difficult for people to make a right-hand turn. Mr. Dowling stated he would appreciate any information the Commission can provide to him regarding this matter. ll.B.6. Louis Andrews, President of Delray Shores Homeowners' Association, Delray Beach, urged the Commission to keep the Delray Shores neighborhood informed of the projection that the Commission has for the school buses via Davis Road (i.e. the number of buses, etc.). Mr. Andrews stated that there are currently two exits from the community; one being Lawrence Road and the other being Davis Road. Mr. Andrews urged the Commission to take this into consideration and feels this will have a great impact on the traffic during rush hours. ll.B.7. Alice Finst, 707 Place Tavant, Delray Beach, stated she would like to discuss the review process about the Arvida Barwick property. Mrs. Finst stated the first meeting of the review team was held this past Thursday from 3:00-5:30 p.m. The team was made up of a number of people on the City staff (local architect, local planner, resident of Barwick Estates, and a resident of Sabal Lakes). Mrs. Finst stated six proposals were presented and she expressed a number of concerns with each. Besides these items of concern, Mrs. Finst stated she has a number of other concerns about the way this proposal is being reviewed. First, Mrs. Finst stated there was no public notice of the meetings posted either prior to the first meeting, second meeting, or the third meeting; nor were any mailings or contacts made to Barwick neighbors other than those mentioned above or to property owners adjacent to the land under discussion. -23- 9/17/02 Second, Mrs. Finst stated there was no presentation to the Commission of Committee members for discussion, appointment, or confirmation. Third, Mrs. Finst stated there was not a preservation planner or committee member appointed from Country Manor which shares a boundary of approximately 2,000 feet with the Arvida land. Mrs. Finst continued to state that there was no discussion item on the agenda of the impact of this property of possibly 200 or more units and the development across the street known as Sabal Lakes IV. In addition, Mrs. Finst stated that there was no provision listed in the timeframe for public input before the Committee makes a recommendation to the City Commission and there was no opportunity to speak before the developers made presentations at a Workshop Meeting. Mrs. Finst stated she would like to see agendas posted, see that someone from Country Manors is put on the Committee, and that the Commission opens this up to the community. 11.B.8. Kevin Warner, 248 Venetian Drive, Delray Beach, stated approximately two or three previous Commission Meetings the City Manager mentioned that Davis Road would be the access road for the school buses to Atlantic High School and he feels this may be partially the source for what Jay Slavin is talking about. Mr. Warner commented about the continuation on Davis Road and stated it is his understanding that there will be a turn-a-round providing space for school buses to turn around. Mr. Warner stated that he feels information coming from the City is incomplete and possibly incorrect with regard to Davis Road. Mr. Warner commented about the traffic light being installed at Congress Avenue and the one further west and feels there would only be a need for the lights except that it is expected to be a huge increase in traffic. Mr. Warner urged the Commission to keep the public informed and asked for clarification with regard to the intended use of Davis Road for school buses that will be traveling in and out of this road. ll.B.9. Eileen Sheppard, 2210 N.E. 3rd Avenue, Delray Beach, expressed concern over the poor condition of her roof and stated she applied through the Community Development Department and it was recommended that she apply for an "emergency fix". She was informed that she would have to be put on a waiting list for approximately 18 months. Ms. Sheppard asked if there is any other program that she can apply for assistance to get her roof repaired since she feels this is an emergency. Mayor Schmidt recommended that Ms. Sheppard discuss this with Lula Butler, Director of Community Improvement. At this point, the Commission moved back to Item 9.I. of the Regular Agenda. 9.I. CITY ATTORNEY EVALUATION. Mrs. Archer moved to approve a five percent (5%) performance increase for the City Attorney, 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. -24- 9/17/02 9.J. CITY MANAGER EVALUATION. Ms. McCarthy moved to approve a five percent (5%) performance increase for the City Manager, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 8:05 p.m. the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 46-02: An ordinance amending Chapter 33, "Police and Fire Departments" Sections 33.20 - 33.67, of the City Code of Ordinances to change the term "Fire Department" to "Fire-Rescue" Department to accurately reflect work performed. If passed, a public hearing will be scheduled for October 1, 2002. The City Manager presented Ordinance No. 46-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE lll, "ADMINISTRATION", BY AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS," SECTIONS 33.20- 33.67 TO CHANGE THE TERM "FIRE DEPARTMENT" TO "FIRE-RESCUE DEPARTMENT" IN ORDER TO REFLECT THE WORK PERFORMED; AMENDING TITLE IX, "GENERAL REGULATIONS", BY AMENDING CHAPTER 96, "GENERAL PROVISIONS", SECTIONS 96.01-96.98 TO CHANGE THE TERM "FIRE DEPARTMENT" TO "FIRE- RESCUE DEPARTMENT" IN ORDER TO REFLECT THE WORK PERFORMED; AMENDING CHAPTER 7, "BUILDING REGULATIONS", ARTICLE 7.8, "UNSAFE BUILDINGS OR STRUCTURES", SECTIONS 7.8.6-7.8.8 TO CHANGE THE TERM "FIRE DEPARTMENT" TO "FIRE- RESCUE DEPARTMENT"; PROVIDING A SAVINGS CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE (The official copy of Ordinance No. 46-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Levinson moved to approve Ordinance No. 46-02 on FIRST Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. -25- 9/17/02 13. Comments and Inquiries on Non-Agenda Items. 13.A. City Manager. The City Manager thanked the Commission for the very encouraging comments and constructive comments as well. With regard to a few concerns expressed at the last meeting, the City Manager stated Parks Maintenance has been given a work order to trim the trees along the sidewalk on N.W. 2nd Avenue behind City Hall. The City Manager stated this should be taken care of shortly if it has not yet been taken care of. The City Manager stated there was some concern expressed about the lack of knowledge concerning alleyway abandonment procedures and commented that Dan Marfino, Planner, is currently reviewing alleyways for possible abandonment. The City Manager continued to state the quickest way for interested citizens to get information on alleyway abandonment is to contact Mr. Marfino and the City will publicize this information through the neighborhood associations in the northwest and southwest areas. With regard to the school buses on Davis Road, the City Manager stated one of the things that the City has to struggle with is that the City is going through the process to relocate the high school and people want the answers to questions that no one can answer yet. At this point, the City Manager stated it is impossible to know how many school buses will use Davis Road. Mr. Levinson stated currently there are 29 regular buses and one special needs bus that deliver students to Atlantic High School. The City Manager stated the current school has 800 students within walking distance and the new school will have 2,500 students within walking distance. With regard to a light at Davis Road and Lake Ida Road, the City Manager stated one person at some point mentioned that there may need to be a light. The City Manager stated any lights installed inside the City have to be paid for by the City and no one has approached the City about paying for a light there. If there are any conduits being installed now the County might be doing this. However, the City Manager stated he is not aware of it and there are no plans that he is aware of to install a traffic light at Davis Road and Lake Ida Road. The City Manager stated until the boundaries for the school are set and they determine what will be done with regard to vocational programs, it is impossible to know how many buses will go to the school but it will be less than now. Mayor $chmidt stated during the discussions about whether Lake Ida Road was going to be three lanes or four lanes, Mayor $chmidt stated he recalls any number of residents who asked the Commission to please install a light at Davis Road. The City Manager reiterated that a light is not being installed at Davis Road and Lake Ida Road because the City would be paying for it. The City Manager stated the City is not paying for it and there is no light on the plans. The City Manager stated a lot of the problems -26- 9/17/02 raised appear to relate to current traffic issues and stated the City will have three years to deal with those issues before any more buses go down Davis Road. The City Manager stated these are very real problems and once the road construction is complete, these problems can then be addressed. 13.B. City Attorney. The City Attorney thanked the Commission for the complimentary words. Secondly, the City Attorney stated she has provided the Commission with information from Boca Raton and commented on a few newspaper articles which referenced the issue of dealing with sober houses and other types of facilities. The City Attorney stated they are trying to keep in close touch with Boca Raton as they work through their issues with the Department of Justice. Mayor Schmidt stated he would like the City Attorney to monitor and as their discussions go on with the Department of Justice review the City's ordinance (which was tabled) with the possibility of revisions. Mayor Schmidt stated he feels the ordinance can be revised in an effort to be more effective. Mr. Levinson noted it is important to note that he does not think the newspaper articles highlighted that many people in the community may still not be happy because it does not deal with the small houses as it deals with the large ones. The City Attorney explained that what they were trying to do is to take the multi- family component which would be over 14 persons and because of the nature of the facilities involved, that it be more like a transient facility hotel/motel and put it in those kinds of areas. The City Attorney stated that the ordinance specifically states that they allow sober houses and group homes in the small settings of 14 persons and below. 13.C. 13.C.1. City Commission. Commissioner Archer Mrs. Archer inquired about issue signs that do not indicate or reflect any candidate. In response, the City Manager stated it is his understanding that if the sign is on private property it is political free speech. Furthermore, the City Manager commented about the right-of-way and stated normally the right-of-way extends to the back side of the sidewalk. 13.C.2. Commissioner Perlman Mr. Perlman reminded everyone that this is the week where the design guidelines are underway (September 18th and 19th). Secondly, Mr. Perlman expressed concern regarding the RFP and at this point feels the Commission needs to discuss this further. Mr. Perlman stated this is a very exciting -27- 9/17/02 undertaking thus creating a "niche of housing" that has been demonstrated is needed to bring families in and increasing the tax base. He feels it is a great opportunity and would like to ensure that it is perceived this way by the community. Mr. Perlman stated over the last fifteen years he has lived in various places along Lake Ida Road and is very familiar with Lake Ida Road. Mr. Perlman stated he lived in the Sunflower Development and recalls it being very difficult to make a left hand turn on a two-lane road especially during the school year. Mr. Perlman stated considering that Rainberry Lakes is that much closer to the intersection, he feels this is an issue which needs to be addressed. Mr. Perlman stated he has received some complaints about noise generated from motorcycles from people who like to dine outside along A-1-A and Atlantic Avenue. Mr. Perlman inquired as to what type of enforcement can be done and stated this is not really conducive to the ambience that is trying to be created in the downtown area. Mr. Perlman stated he feels it is a quality of life issue and suggested that perhaps this is something the Police Department can look into. Mr. Perlman praised the Police Department for the Police reports provided to the Commission and commented about some of the programs. 13.C.3. Mayor Schmidt Mayor Schmidt had no comments or inquiries on non-agenda items. 13.C.4. Commissioner McCarthy Ms. McCarthy stated she would like to see the drawings and diagrams of the expansion of Lake Ida Road to ensure that if there were any agreements made previously, that the City would not be impeding upon them by trying to change things. 13.C.5. Commissioner Levinson Mr. Levinson reported that the Boca Airport tracking site is up and running (http://www4.passur. com/bct.html). Secondly, Mr. Levinson stated he was at the Supervisor of Elections Office and picked up some applications on "How to be a Poll Worker". Mr. Levinson stated poll workers need to be available to sit at the precincts for at least twelve hours and also be able to deal with the technology. The new voting machines weigh approximately forty pounds and therefore require someone that is capable of lifting the machines. Mr. Levinson suggested that some type of program be offered to City employees to see if they would like to participate in helping during election time. Lastly, Mr. Levinson stated he spoke to the City Attorney, the City Manager, and Ms. Butler today and discussed proposing a "rumor control hotline". Mr. Levinson stated he would like to see this established two ways. One, that the City have a hot link on the front page -28- 9/17/02 of the web where questions and answers can be posted and second, that there be a phone extension within the City where a live operator can assist in answering questions. For example, Mr. Levinson stated the Roots Festival where there were many allegations over what was and what was not happening, what was opened and what was closed, whether there was or was not a charge. Mr. Levinson suggested that this "rumor control hotline" be put in place to deal with some of these issues as soon as possible. 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 September 17, 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. -29- 9/17/02 of the web where questions and answers can be posted and second, that there be a phone extension within the City where a live operator can assist in answering questions. For example, Mr. Levinson stated the Roots Festival where there were many allegations over what was and what was not happening, what was opened and what was closed, whether there was or was not a charge. Mr. Levinson suggested that this "rumor control hotline" be put in place to deal with some of these issues as soon as possible. There being no further business, Mayor Schmidt declared the meeting adjourned at 8:30 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on September 17, x402, 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. -29- 9/17/02