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02-18-03FEBRUARY 18~ 2003 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, February 18, 2003. 1. Roll call showed. Present - Commissioner Patricia Archer Commissioner Jon Levinson Commissioner Jeff Perlman Mayor David W. Schmidt Absent - Commissioner Alberta McCarthy Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Brian Shutt, Assistant City Attorney Barbara Garito, City Clerk 2. The opening prayer was delivered by Rabbi Suzanne Carter, Chief Chaplain for the Delray Beach Fire Department and the Delray Beach Police Department. The Pledge of Allegiance to the flag of the United States of America was given. o AGENDA APPROVAL: Mayor Schmidt stated that Joanne Peart has requested that Item 7.B. Presentation for the Lake Ida Homeowners' Association be rescheduled to March 13, 2003. Mayor Schmidt requested that Item 8.M. Review of Appealable Land Development Board Actions (Item J of the Site Plan Review and Appearance Board Actions) of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. For clarification, the City Attorney stated there is a change with regard to Item 9.1. Quiet Title/County Parcels and noted that the City has Quiet Title on any of the necessary parcels. Mr. Levinson moved to approve the Agenda as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. 5. APPROVAL OF MINUTES: Mr. Perlman moved to approve the Minutes of the Regular Meeting of February 4, 2003, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. Mr. Perlman moved to approve the Minutes of the Special Meeting of February 11, 2003, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. o PROCLAMATIONS: 6oAo Calling for the First Nonpartisan Election to be held on March 11~ 2003 Mayor Schmidt read a proclamation hereby calling for the First Nonpartisan Election to be held on Tuesday, March 11, 2003, between the hours of 7:00 a.m. and 7:00 p.m., at all the precincts and polling places in the City of Delray Beach as designated by the Supervisor of Elections. ° PRESENTATIONS: 7oAo Kathleen Daley - Legislative Update Kathy Daley, City Lobbyist, gave a brief overview of the Legislative session. Ms. Daley stated Beach Re-Nourishment was discussed and noted this project was cut to $15 million in the budget for this program. Brief discussion continued by the Commission and Ms. Daley with regard to Article 5 which is of concern to our Police Department, the CRA Legislation, and SHIP dollars being cut. Ms. Daley stated the next Legislative session begins March 4th and she will return in approximately three weeks after that date with an update. 7oBo Lake Ida Homeowners' Association - Joanne Peart This item has been rescheduled to the Regular City Commission Meeting of March 13, 2003. 7oCo Carver Estates Kids of Character Essay Contest - Officer Jeff Messer Officer Jeff Messer, Community Relations/Police Department, introduced the following winners of "Negative Effects of Drugs in the Community and the Family" essay contest: -2- 02/18/03 1st Place - Preston Mack (15 years old) 2nd Place - Latoya Peele (16 years of age) 3rd Place - Quinesha Smith (13 years of age) Preston Mack (1st Place) and Latoya Peele (2nd Place) came forward to read their essays. 7.D. 12th Annual Holiday Toy Drive Presentation - Perry Don Francisco~ Officer Jeff Messer~ and Jennifer Buce Officer Jeff Messer, Community Relations/Police Department recognized Perry DonFrancisco and Jennifer Buce for their continued support of this annual event. He presented special awards to: Morgan Russell/Self Employed John Coban/LaSalle Bank Debbie Chrisman/LaSalle Bank Officer Messer explained that Mr. Russell, owner of the entire plaza, let them use the old Sherwin Williams building for nearly two months (November & December 2002) rent free and donated the space for the toy drive. Officer Messer continued to state that Mr. Coban and Ms. Chrisman adopted a local needy family and went over the top in providing gifts for them. 7.E. Community Olympic Development Program - Pam Gerig~ Palm Beach County Sports Commission Pam Gerig, Executive Director of the Palm Beach County Sports Commission and the Palm Beach County Sports Institute, stated the Olympic Committee created a program in 1996 called the Community Olympic Development Program and its main mission is to enhance recreational programs by creating opportunities within the United States for the Olympic movement. To identify talented and motivated athletes and to help them maximize their potential in targeted Olympic sports. Ms. Gerig stated as of October 18, 2002, Palm Beach County has been designated as a Community Olympic Development community and is the only county with this designation. Ms. Gerig continued to state that there are many benefits of this program to our youth, such as a reduction of risk behavior, obesity prevention, substance abuse prevention, gang prevention, life-long physical fitness, safe, fun and healthy activities, character development, education and nutrition, team building habits. Furthermore, Ms. Gerig stated her goal is to develop at least one Community Olympic Development Program (CODP) in each municipality in Palm Beach County within the next five years. Joe Weldon, Director of Parks and Recreation, stated he has been on the Sports Commission for approximately nine years and commented that he would like to see Delray Beach as a designated community for Community Olympic Development for wrestling. Mr. Weldon stated the cost would be $10,000 and a room is available at Atlantic High School Gymnasium for a wrestling program. -3- 02/18/03 It was the consensus of the Commission to support the Parks and Recreation Department moving forward with this program. go CONSENT AGENDA: City Manager Recommends Approval. 8oao APPROVAL OF POLL WORKERS FOR THE FIRST NONPARTISAN ELECTION: Approval of the poll workers for the First Nonpartisan Election to be held on March 11, 2003. 8.B. FINAL SUBDIVISION PLAT APPROVAL/SEABREEZE ISLES: Approve the subdivision plat for Seabreeze Isles, located on the west side of Seabreeze Avenue and south of Lowry Street. 8.C. RESOLUTION NO. 7-03: Approve a resolution amending Resolution No. 40- 02 for the acceptance of a supplemental grant from the Palm Beach County Emergency Medical Services Grant Award program to be used for the purchase of six (6) Automated External Defibrillators. The caption of Resolution No. 7-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING SUPPLEMENTAL FUNDS FROM THE PALM BEACH COUNTY EMERGENCY MEDICAL SERVICES GRANT AWARD PROGRAM FOR FY 2002/2003. (The official copy of Resolution No. 7-03 is on file in the City Clerk's office.) 8.D. RESOLUTION NO. 11-03: Approve Resolution No. 11-03 supporting the Annual Beach Management Trust Fund. The caption of Resolution No. 11-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE ANNUAL BEACH MANAGEMENT TRUST FUND. (The official copy of Resolution No. 11-03 is on file in the City Clerk's office.) 8.E. REQUEST FOR SIDEWALK DEFERRAL/ANDREWS AVENUE: Approve a request to defer the installation of a sidewalk in front of 506 Andrews Avenue. Staff recommends approval. 8.F. NPDES SECOND TERM PERMIT INTERLOCAL AGREEMENT: Approve the National Pollutant Discharge Elimination System (NPDES) Second Term Permit Interlocal agreement between the City and the Northern Palm Beach County Improvement District (NPBCID). -4- 02/18/03 8.G. SERVICE AUTHORIZATION NO. 6/LAWSON, NOBLE & WEBB, INC.: Approve Service Authorization No. 6 to Lawson, Noble & Webb, Inc. in the amount of $55,862.71 for the design of N.E. 4th Avenue from East Atlantic Avenue to N.E. 2aa Street. Funding is available from the Community Redevelopment Agency. g.H. FDOT GENERAL USE PERMIT & HOLD HARMLESS AGREEMENT/ WASHINGTON MUTUAL: Authorize the City to act as the general use permit applicant for the addition of a water main connection within the state right-of-way (located on the southwest corner of southbound Federal Highway and S.E. l0th Street) and approve a Hold Harmless Agreement with the developer (Echion USA, Inc.). 8.I. LANDSCAPE MAINTENANCE AGREEMENT/AVDA: Approve a landscape maintenance agreement between the City of Delray Beach and Aid to Victims of Domestic Assault (AVDA) for the installation of landscaping within the right-of-way. 8.J. TURTLE MONITORING SERVICES/JOHN FLETEMEYER: Approve sea turtle monitoring services for FY 2003 with John Fletemeyer in an amount not to exceed $27,304.20. Funding is available from 332-4164-572-34.90 (Beach Restoration Fund). 8.K. BEACH PERFORMANCE MONITORING STUDY: Approve a contract between the City of Delray Beach and Coastal Planning & Engineering, Inc. in an amount not to exceed $43,828.75 for the 12-month Post-Construction Beach and Offshore Performance Monitoring Study. 8.L. SPECIAL EVENT REQUEST/CINCO DE MAYO FIESTA: Approve a special event request to allow the Cinco De Mayo Fiesta to be held Saturday, May 3, 2003, from 12:00 p.m. until 10:00 p.m. at Old School Square, granting a temporary use permit per LDR Section 2.4.6(H) for the closure of NE 1st Avenue on the north side of the grounds of Old School Square to the loading gate area, and staff support for traffic control and security, EMS assistance, trash removal, barricade set up, signage, and waiver of City overtime costs; contingent upon sponsor providing a hold harmless agreement, a certificate of liability insurance, and liquor liability insurance with conditions for serving alcoholic beverages and site fencing. 8omo MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. AWARD OF BIDS AND CONTRACTS: ° ° Contract award to Dominica Recreation Products in the amount of $158,038.75 for the purchase of Platinum Pro Line Equipment for the skate park. Funding is available from 117-6111-519-63.40. Contract award to RPM General Contractors, Inc. in the amount of $83,910.00 for interior improvements to the Pompey Park Community Center. Funding is available from 334-4172-572-46.10. Contract award to Conquest Engineering, Inc. in the amount of $1,250,460.00 for the SW Area II Infrastructure Improvements. Funding is available from 442-5178-536-65.58 and 448-5470-538-65.58 (SW Area -5- 02/18/03 II). o o Purchase award to Red Wing Shoe Store for the purchase of 135 pairs of safety boots for the Fire-Rescue Department. Funding is available from 115-0000-248-64.00 (Paramedic Gift Account) and 001-2315-526-52.22 (Uniforms-Operations Division). Various bid awards in the amount of $289,655.00 via the Florida Sheriffs' Association and State of Florida Contracts for the replacement of City vehicles. Funding is available from 501-3312-591-64.20 (Central Garage Fund/Automotive). Various bid awards in the amount of $275,302.00 via the Florida Sheriffs' Association Contract for Take Home vehicles for the Police Department. Funding is available from 501-3312-591-64.20 (Central Garage Fund/Automotive). Mrs. Archer moved to approve the Consent Agenda as amended, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. o REGULAR AGENDA: 9.A.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period February 3, 2003 through February 14, 2003. Mayor Schmidt stated he requested that Item J be pulled from the Site Plan Review and Appearance Board and expressed concerns about reducing setbacks and building separation requirements. Mayor Schmidt stated he feels a lot of building is being squeezed into a little space. Mr. Dorling stated a few things that are unique to this property. He explained that this property has the hurricane pines preserve area on it and it has a conservation designation. Mr. Dorling continued to state that there are some environmental areas that are being accommodated with this site plan and it forces a little more congestion on those areas not being set aside as preserve. Mr. Dorling reiterated that the property is unique because they have preserved about 1 lA acres in preserve area and have also provided some mitigation money for some restoration work at Leon Weekes as part of the site plan approval. Mr. Perlman and Mrs. Archer stated they would both support reviewing this. Mr. Perlman moved to approve that the City move forward with an appeal, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. -6- 02/18/03 9.A. RESOLUTION NO. 8-03: Consider approval of Resolution No. 8-03 for tax abatement for improvements to the historic Crocker residence, located at 105 N.E. 7th Street. The caption of Resolution No. 8-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO KATHLEEN CROCKER FOR THE HISTORIC REHABILITATION OF THE PROPERTY LOCATED AT 105 N.E. 7TH STREET, DELRAY BEACH; AS FURTHER DESCRIBED HEREIN; DETERMINING THAT THE COMPLETED IMPROVEMENTS ARE CONSISTENT WITH LAND DEVELOPMENT REGULATION (LDR) SECTION 4.5.1 (M)(5); PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 8-03 is on file in the City Clerk's office.) Paul Dorling, Director of Planning and Zoning, stated on September 19, 2001, a COA application was submitted for this property known as the Crocker Residence. The proposal included the demolition of the one car garage, construction of a two-story 1,583 square foot addition, improvements to the original, one-story historic dwelling, construction of a swimming pool, and various site improvements such as installation of Chicago brick paver walkways, deck, and driveway and installation of a fence and gate. At its meeting of July 17, 2003, the Historic Preservation Board reviewed and approved an initial tax exemption request affiliated with the previously approved site improvements. The improvements as outlined in the staff report were constructed. The improvements have been completed and the application is now before the Commission for final approval of the request. The improvements are qualifying improvements under LDR Section 4.5. l(M)(5)(b). As mandated by LDR Section 4.5.1(M)(11), the Historic Preservation Board reviewed the Final Application during its meeting of February 5, 2003, and determined that the completed improvements were in compliance with the previously approved request as submitted by the applicant. The associated landscaping for the project was not deemed a legitimate improvement under the specifications mandated by the State for the tax abatement. It has therefore not been included in the expenditures total. Taking this into account, the legitimate site improvements expenditures total $356,117.54. Mr. Dorling stated the final assessed value of the improvements will be determined by the Palm Beach County Property Appraiser and would be subject to the tax abatement process. Mrs. Archer asked if this would apply to the entire structure or just to the new construction. In response, Mr. Dorling stated this would apply to all improvements to a qualifying property whether it is to the original structure or to a new construction. -7- 02/18/03 Mrs. Archer moved to approve Resolution No. 8-03, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. 9.B. RESOL[ITION NO. 9-03: Consider approval of Resolution No. 9-03 for tax abatement for improvements to the historic Patrick Lynch property, located at 226 South Ocean Boulevard. The caption of Resolution No. 9-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO PATRICK LYNCH FOR THE HISTORIC REHABILITATION OF THE PROPERTY LOCATED AT 226 SOUTH OCEAN BOULEVARD, DELRAY BEACH; AS FURTHER DESCRIBED HEREIN; DETERMINING THAT THE COMPLETED IMPROVEMENTS ARE CONSISTENT WITH LAND DEVELOPMENT REGULATION (LDR) SECTION 4.5. l(M)(5); PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 9-03 is on file in the City Clerk's office.) Paul Dorling, Director of Planning and Zoning, stated this request is for approval of tax abatement for the property at the northwest corner of Nassau Street and South Ocean Boulevard. On August 1, 2001, the Historic Preservation Board approved a list of improvements which were eligible for the tax abatement and are listed in the staff report. These improvements have been completed and the Historic Preservation recommended approval of this tax abatement request at its meeting of February 5, 2003. The applicant is now before the City Commission for final approval of the request. The property qualifies for the tax exemption per LDR Section 4.5. l(M)(5)(a)(iii) as it is designated as a historic property, or as contributing to a historic district, under the terms of the City's historic preservation ordinance. Mr. Dorling stated the improvements noted in the staff report are qualifying improvements which are also subject to LDR Section 4.5.1 (M)(5)(b). Mr. Dorling stated the total legitimate site improvements equate to $327,542.76 and does not take into account the associated landscaping for the project has been deemed not to be eligible. The final assessed value of the improvements will be determined by the Palm Beach County Property Appraiser's office. Staff recommends approval of the request. Mrs. Archer asked if the property is sold does the exemption follow the property. In response, Mr. Dorling stated if the property is sold the exemption follows the property for ten years. -8- 02/18/03 Mr. Levinson moved to approve Resolution No. 9-03, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. 9.C. DELRAY BEACH PUBLIC LIBRARY ASSOCIATION, INC.: Consider a grant/loan request from Delray Beach Public Library Association, Inc. regarding the relocation of the library. Mr. Levinson stepped down and stated he will file the appropriate Conflict of Interest form with the City Clerk. John J. Callahan III, Library Director, stated the library has accumulated to date $7 million in cash and grant commitments and expects to raise an additional $2 million by the end of 2004. In late spring 2003, the Library will need to provide the County $2.5 million as its share of the parking structure. Additionally, the $500,000 grant awarded by the State of Florida requires that a signed construction contract be in force by December 21, 2003. In order to meet the State's deadline, design of the Library must resume and be completed in the next six months. Given the current economic conditions and fundraising climate, the Library Board does not expect to raise by year-end the needed $2.5 million which would allow construction to commence in early 2004. Therefore, it is requesting a grant in this amount from the City. Dr. Daniel Murtaugh, President of the Board of Directors for the Delra¥ Beach Library, stated the Library will be owned by the City and it will be in the heart of Delray Beach. In addition, given the fact that the prominent role the library and adjacent parking will play in the redevelopment of West Atlantic Avenue, Dr. Murtaugh stated he believes an investment of public dollars will resonate positively with the city's residents and with your assistance we will build an outstanding library fitting for an All-America City. Dr. Murtaugh stated he also feels it will be a powerful incentive for potential donors to the library who will be paying for about 75-80% of the cost of the building if they know the City of Delray Beach supports it. Mayor Schmidt stated he is not ready to vote on this item this evening and he feels the CRA should step up to the plate and take on at least half of the responsibility because the new library will be in the heart of the CRA redevelopment area. Mrs. Archer stated she strongly supports the library and feels there is an unusual relationship in Delray Beach because of the private/public partnership. Mrs. Archer continued to state she feels we are lucky to have a local library and she would like to find some way to support the library financially. However, Mrs. Archer stated by the same token she is concerned over the library's request for a $2.5 million grant in addition to a $900,000 bridge loan. Mrs. Archer stated she concurs with Mayor Schmidt and she would like to be able to explore other sources and review further. Mr. Perlman stated he would support talking to the CRA for participation and ultimately he is excited about the relocation of the library and he feels this represents a great opportunity for West Atlantic Avenue. Mr. Perlman stated he would like to find a way to get this done. -9- 02/18/03 The City Manager stated there are a lot of capital needs with regard to the Southwest Area Plan, the Downtown Plan, and the Parks Maintenance Plan and he expressed concern over how the City will handle the replacement of funds for these facilities if it proceeded with this grant request. The City Manager stated if the City can get some significant assistance from the CRA, then the City can make it happen. Mr. Perlman moved to approve the Bridge Loan in the amount of $900,000, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 3 to a vote. At this point, Mr. Levinson returned to the dais. At this point, the time being 7:10 p.m. the Commission moved to the Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 3-03: An ordinance amending Chapter 101, "Parks, Beaches, and Recreation", of the City Code of Ordinances by amending Section 101.24, "Traffic Regulations", to prohibit the use, operation, and propelling of parasails, parachutes, and hang gliders on the City's municipal 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. The caption of Ordinance No. 3-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE IX, "GENERAL REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING CHAPTER tat, "PARKS, BEACHES AND RECREATION", BY AMENDING SECTION tat .24, "TRAFFIC REGULATIONS", IN ORDER TO PROVIDE FOR THE SAFETY OF CITIZENS AND TOURISTS ENJOYING THE CITY OF DELRAY BEACH'S MUNICIPAL BEACH BY PROHIBITING THE USE, OPERATION, AND PROPELLING OF PARASAILS, PARACHUTES AND HANG GLIDERS ON THE MUNICIPAL BEACH SITE; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 3-03 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. -ta- 02/18/03 Christopher Heffernan, 1200 Thomas Street, Delray Beach, stated having spent a considerable amount of time at the beach since he has lived here, he has never seen anyone doing any of the activities that are outlined in Section 1, Paragraph (B) of the ordinance. Mr. Heffernan stated activity going on at the beach is kite surfing. Kite surfing is a wind propelled kite with a person on a surf board; it's a water sport that does not take place over land. Mr. Heffernan stated another activity is a paragliding which is an engine propelled parachute type apprentice and noted that the kite surfing and paragliding are not covered in the ordinance. Mr. Heffernan stated rather than enacting this ordinance he suggested one that definitions the terms and addresses specifics. Rick Iossi, Post Office Box 4472, Boynton Beach, represents the Florida Kite Surfing Association which is a state-wide non-profit corporation formed to support the sport of kite surfing. Mr. Iossi stated there have been rumors that the proposed ordinance may be applied in some way restricting the kite boarding activity. Mr. Iossi distributed a hand-out to avoid any possible confusion between the activity of power paragliding and kite boarding and supports this activity in Delray Beach. Larry Littlefield, 57008 Antilles Bay, Boynton Beach, stated he represents the power paragliding group and stated they have a flawless safety record for the last 10-15 years. Mr. Littlefield stated he feels that paragliding adds a lot of ambience to the beach and commented that many spectators come to the beach just to watch the sport. Mr. Littlefield stated he feels to legislate against this sport does not make sense. David Eigen, 902 Lake Shore Drive, Delray Beach, activity pursues the sport of paragliding and stated he is only aware of one complaint and supports this activity in Delray Beach. Barry Bernstein, 1101 Lake Drive, Delray Beach, proposes to either form a club or post signs that state "No Fly Zones" in an effort to keep the area a little bit more noise free. Mr. Bernstein stated there is really only noise for the first thirty seconds until getting up to the correct altitude and until one lands. Mr. Bernstein stated perhaps some type of rules can be developed or certain permits required that one needs to fly out of a particular area regulated by the City. Jennifer Littlefield, 57008 Antilles Bay, Boynton Beach, stated if noise is an issue then she feels people need to be concerned with the motorcycles that travel up and down the street and generate much more noise. Mrs. Littlefield stated since the beach is a public beach the public has a right to use it. Andy Katz, 220 S. Ocean Boulevard, Delray Beach, stated the noise level generated from the paragliding is minimal and he feels it adds to the variety and beauty of Delray Beach. Pastor Doug Fountain, Epiphany Lutheran Church in Lake Worth, stated he is a paraglider and flies under FAA regulations. Reverend Fountain continued to state that the motors are aircraft motors and have the highest safety standards of any other aviation industry in -11- 02/18/03 the country. Reverend Fountain stated they fly at the beach for safety reasons because the wind is unobstructed and feels overall paragliding is safe, beautiful, and adds ambiance to the beach. John Sasson, resident of Loxahatchee and also a member of U.S. Hang- gliding Association, stated that hang-gliding is a beautiful and safe sport. Mr. Sasson stated the people who are a part of this sport are responsible individuals who want to essentially enjoy a safe flight. Christopher Sin~er, resident of Highland Beach, stated he is a power paraglider and noted that he is very cautious. Mr. Singer stated the noise level is approximately 70 decibels right near him and once he is approximately ten seconds into the air it is almost inaudible at the beach level. Mr. Singer stated he enjoys the peaceful beautiful sunset and most people wave because they are so thrilled. Ira Fine, practicing Internist in Delra¥ Beach and lives on S. Ocean Boulevard~ stated he enjoys watching the paragliders and does not hear any noise unless he is outside his home. Dr. Fine said he and his children have flown with Mr. Littlefield and it is a great sport and urged the Commission to deny this ordinance. Gary Gross, lives in Riviera Beach, stated he is 65 years old and is a surfer, jet skier, sailor, and for the last two years a power paraglider. Mr. Gross stated paragliding is a safe sport and commented that they would like to police themselves and prove to the Commission that everyone can get along. Chad Richard, 1200 Thomas Street, Delra¥ Beach, stated he is a kite surfer and very much enjoys the sport. Furthermore, Mr. Richard stated he feels the ordinance is vaguely written and could be interpreted incorrectly by a well intention officer who is trying to do his/her best to appease a homeowner. Mr. Richard stated he wants to ensure that the ordinance is written clearly so that kite surfer is clearly defined as an acceptable activity regardless of where it takes place. Dana Hart, 4696 Lucerne Lakes Boulevard, resident of Lake Worth, stated she would not participate in kite surfing if it were not safe. Ben (no last name and address available due to no signature on sign-in sheet), resident of West Palm Beach, stated he discovered Delray Beach because of the paragliding group and feels everyone is very responsible since the average age in this sport is 50- 55 years old and the cost of equipment is between $6,000-8,000. He continued to state that he feels it is good to keep the active vibrant activities here because he feels it does a lot of good for Delray Beach. A¥orinde O. Geor;~e, 551 N.W. 46th Avenue, Delra¥ Beach, stated the sport is very enjoyable and urged the Commission to support paragliding and parasailing. -12- 02/18/03 Alice Finst, 707 Place Tavant, Delra¥ Beach, stated she would like to know where this complaint came from, the timeframe, and how this ordinance got this far along in the process so quickly. John (no last name and address available due to no signature on sign-in sheet), resident of Pompano, stated he and his wife came to Delray Beach to learn about paragliding/parasailing and feels most of the people who have taken up this sport have gone out of their way to educate the newcomers. David Sergeant, resident of Riviera Beach, concurs with everything the previous speakers have said and feels there are very few complaints compared to the good that this sport has done for the City. There being no one else who wished to address the Commission regarding Ordinance No. 3-03, the public hearing was closed. Terrill Pyburn, Assistant City Attorney, stated this ordinance was not intended to regulate the kite surfing or kite boarding. Ms. Pyburn stated the City understands that this is an activity that takes place out over the water. In speaking to Bob Taylor, Superintendent of Ocean Rescue, that it has been the policy that these individuals should stay away from the public and the municipal beach area that they stay south of the Seagate and north of Atlantic Dunes for safety reasons because there are high tension cable wires connected with that activity and the City does not want the wires to get tangled with any swimmers. With regard to the paragliding, this is an activity which involves a motorized pack that they wear and explained that this ordinance is not intended to regulate the activity as much as it is the taking off and landing on the public beaches themselves. With regard to the municipal beach the area north of the Seagate and the Atlantic Dunes Park area anything south of the Seagate is considered State beach. However, Ms. Pyburn stated this does not mean that the City of Delray Beach cannot regulate in that area to the extent of noise complaints and/or unlawful activities. Mayor Schmidt stated the people who spoke this evening seemed to make a distinction between paragliding and the definitions of parasail, parachutes, and hang glider and asked if we are going to run into a problem if someone is paragliding is on the beach and the City tries to enforce this ordinance. In response, Ms. Pyburn stated she feels it would be helpful to institute some definitions. Brief discussion followed between staff and the Commission. Bob Taylor, stated with regard to parasailing there has never been an incident on the public beach where it caused anyone injury. Mr. Taylor stated a concern from a public safety point of view to keep a fair enough distance from the public beach and suggested that there be a 500' limit outside of the public beach. In addition, Mr. Taylor suggested that there be an ordinance in place so if there were problems there would be recourse that could be taken as it relates to kite surfers. -13- 02/18/03 The City Attorney stated she does not know the origin of the complaint. However, she does know there was a question about whether we could site them as being a "vehicle" and the answer is no. The City Attorney stated she believes this is why this ordinance was generated and suggested that this ordinance be revised to address all the issues raised this evening. Mrs. Archer suggested that staff look at the distinction between recreational use versus a commercial operation and expressed concern over a commercial operation giving lessons and whether or not this is considered commercial activity. The City Attorney stated currently any commercial use of the beach without a license agreement is prohibited. Mr. Levinson stated the concern he had originally was that it did appear that we needed some more definitions because of the questions about these terms which have interchanging words in them. Mr. Levinson continued to state he also had a concern for the safety of the people on the beach. Mr. Perlman stated he does not have a problem with paragliding as a sport and stated he cannot support the ordinance as it is currently written. Mayor Schmidt stated he is also concerned with the safety of the people on the beach. Mr. Levinson moved to approve Ordinance No. 3-03 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - No; Mayor Schmidt - No; Mr. Perlman - No; Mrs. Archer - No. Said motion FAILED with a 4 to 0 vote. 10.B. ORDINANCE NO. 4-03: An ordinance amending Chapter 91, "Animals", of the City Code of Ordinances by amending Sections 91.20, "Running At Large" and 91.28, "Impoundment; Disposition", to amend the definition of "At Large" and provide consistency for grounds of impoundment. 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. 4-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING TITLE IX, "GENERAL REGULATIONS," OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING CHAPTER 91, "ANIMALS", SECTION 91.20, "RUNNING AT LARGE", PROVIDING FOR THE AMENDMENT OF THE DEFINITION OF AT LARGE; BY AMENDING CHAPTER 91, "ANIMALS", SECTION 91.28, "IMPOUNDMENT; DISPOSITION", PROVIDING FOR CONSISTENCY WITH THE AMENDED DEFINITION OF RUNNING AT LARGE; PROVIDING A SAVINGS CLAUSE, A -14- 02/18/03 GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Resolution No. 4-03 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 inquired about the term "secure fence" and also expressed concern with regard to places that are other than the primary residence such as the dog park. well. fence. The City Attorney stated the secure fence could also mean the electronic fence as With regard to the dog park, the City Attorney stated she believes it is within a secure Mrs. Archer expressed concern over the invisible/electronic fence and stated from the public's point of view it looks as though there is no fence. In response, the City Attorney stated she feels this is an enforcement issue and a sign would be good. The City Attorney continued to state that there are always issues with enforcement and noted that staff can modify the ordinance. Mayor Schmidt declared the public hearing open. Carolyn Zimmermam 212 S.W. 2I'a Avenue~ Delra¥ Beach~ stated there have been numerous complaints over the last several years regarding loose dogs and feels anyone that wants to own a dog should maintain control of the dog. Ms. Zimmerman stated something should be done before someone else is hurt. Gail-Lee McDermott~ 721 S.E. 3ra Avenue~ Delra¥ Beach (President of the Osceola Park Neighborhood Association), stated many dogs run loose with their owners and the owners have no control over them. On the other hand, Ms. McDermott stated does this mean the Animal Control Officer could come and site her for having her dog in the front yard in she walks out to pick up the newspaper? There being no one else who wished to address the Commission regarding Ordinance No. 4-03, the public hearing was closed. Mr. Perlman commented about the definition "running at large" and stated he would have a hard time supporting it. However, Mr. Perlman stated he feels the problems of the dogs running loose outside of people's private homes should be addressed. Mayor Schmidt stated he has had experience with this and noted that an owner can have their dog in their yard and may think they have the dog under voice control. However, Mayor Schmidt stated that if there is no fence and the dog is not on a leash and something catches the dog's attention the dog reacts by running off and either attacks another person or -15- 02/18/03 another animal. Mrs. Archer stated she is the owner of two dogs and noted one of her dogs has the instinct to herd. Mrs. Archer continued to state if she is walking her dog and anyone is riding a bicycle or running the dog has the instinct to herd and feels if the dog is not on a leash the dog would run after anyone. Mr. Perlman stated he feels there needs to be some discretion and enforce to residents to be responsible for their animals and if they are not responsible with their animals there ought to be a penalty for it. The City Manager stated he feels this is a practical matter from the administration enforcement and stated the Animal Control Officer is not going to be there when someone comes out to pick up their newspaper, etc. but will be finding dogs that are running loose. The City Manager continued to state that if a dog is running loose on private property there is no way to know if the dog belongs to the owner or someone else. Mr. Levinson expressed concern over dogs running loose and stated he would like to see more specific language about people who install electronic fences and feels this is a significant investment that some people have made and feels we should be cognoscente that they have made a good faith effort to retain and restrain their dog. After brief discussion of the Commission, it was stated that it is the intent of the Commission that secured fences also include electronic fences. Mr. Levinson moved to adopt Ordinance No. 4-03 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - No; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 3 to 1 vote, Mr. Perlman dissenting. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. ll.A. City Manager's response to prior public comments and inquiries. IN response to prior public comments expressed by some residents from Del Haven Drive and Del Harbour Drive who commented about the noise caused by traffic on the moveable sections of the Linton Boulevard Bridge, the City Manager stated on some of the bridges the County used concrete in-filled wheel paths to deaden the wheel noise on the steel grated moveable bridge sections. The City Manager stated that the city has been advised by the County Road & Bridge Division of the County Engineering Department that they met with residents of the neighborhoods on the east side of the Linton Boulevard Bridge on February 6, 2003 to discuss the issue. The City Manager continued to state that based on their meeting with residents County staff is going to prepare a feasibility study of the Linton Boulevard Bridge to determine if concrete in-filled wheel paths are a viable option for sound reduction. The City Manager stated since this technique adds weight to the moveable bridge sections, the County -16- 02/18/03 must ensure that the spans can support the additional weight and most importantly determine if the apparatus used to raise the spans has sufficient mechanical capacity to accommodate the additional load. The City Manager stated we will monitor the progress of this study and report the results as they become available. 11.B. From the Public. 11.B.1. Scott Schley~ American Legion Post #65~ readdressed a concern regarding speed humps and stated he called the City Engineer who said he would send over some rubber tubing and take a traffic count. Mr. Schley stated as of this date nothing has been done with regard to the speed humps and he feels it is imperative to get the traffic traveling along the alleyway to slow down. ll.B.2. Chuck Ridley~ 137 S.W. 12th Avenue~ Delray Beach~ expressed his gratitude and support for the Rhythm & Blues on the Avenue Festival. Mr. Ridley stated this weekend Delray Beach was truly an All-America City and it gave residents the opportunity to feel connected. Furthermore, Mr. Ridley commended the Commission for a job well done. ll.B.3. Carolyn Zimmermam 212 S.W. 2I'a Avenue~ Delray Beach~ suggested that the Public Comments section of the Agenda start at 7:00 p.m. instead of the Public Hearings portion. ll.B.4. Ayorinde O. George~ 551 N.W. 46th Avenue~ Delray Beach~ expressed interest in bringing some young kids from his neighborhood to a City Commission meeting to see government in action and asked if the City has a procedure with regard to this. The Commission informed Mr. George that the public is welcome to attend the City Commission meetings. At this point, the Commission moved to Item 9.D. of the Regular Agenda. 9.D. MILTON-MYERS AMERICAN LEGION POST: Consider approval of a matching grant request in the amount of $50,000.00 for the stabilization and rehabilitation of the Milton-Myers American Legion Post No. 65, located at 263 N.E. 5th Avenue. Paul Dorling, Director of Planning and Zoning, stated this is a request for a matching grant in the amount of $50,000 for the stabilization of the Milton-Myers American Legion Post No. 65. The building's west, north, and south elevations have been deemed structurally unsound by an engineering consultant and the rehabilitation of the building has been divided into two phases in order to allow continued public access. The initial phase includes shoring up the walls, stabilizing the masonry footings, re-pointing and repairing the masonry, and exterior stucco repair. The second phase will consist of additional cosmetic exterior rehabilitation of the building. The initial phase of the rehabilitation is estimated at $156,530 and is considered an essential phase for preserving the building. Grant funds of $50,000 were awarded by the Community Redevelopment Agency (CRA) in December 2002 to aid in the rehabilitation project. The local chapter of the American Legion is requesting a matching grant in the amount of $50,000 from the City. The remainder of the rehabilitation funds will be sought through various preservation grants, State and County support, and fund raising efforts. -17- 02/18/03 At its meeting of February 5, 2000, the Historic Preservation Board recommended approval (6-0) of the $50,000 rehabilitation matching grant subject to the condition that a Grant Award Agreement be executed between the City of Delray Beach and the owner/applicant. Gall-Lee McDermott, member of the Historic Preservation Board, stated Post #65 was built in 1921 by volunteer labor and has served not only as the old soldiers' home but as a community center. Scott Schley, American Legion Post #65, stated the Charter date is 1920 and noted that anyone who drives by will notice the top has been restored and painted and base coat has been put on the front of the building. Mr. Schley stated the membership in 1999 was 140 and currently the membership is 216. Mr. Schley continued to state the auxiliary has 43 members and the sons of the legion is up to 20 members which brings the total membership to close to 300 members. Mr. Perlman moved to approve the matching grant request in the amount of $50,000 for the stabilization and rehabilitation of the Milton-Myers American Legion Post #65 subject to the condition that the City monitor the rehabilitation progress, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. 0oEo AMENDMENT TO SPECIAL EVENT/CHILDREN'S HOPE SOCIETY 5K WALK/RUN: Consider a request to amend the approval given on September 3, 2002 for the Children's Hope Society 5K Walk/Run Event to allow the closing of Ocean Boulevard from Casuarina to George Bush Boulevard from 7:30 a.m. to 9:30 a.m. on April 13, 2003. Robert A. Barcinski, Assistant City Manager, stated this is a request to amend the approval given on September 3, 2002 for this event to allow the closing of Ocean Boulevard from Casuarina to George Bush Boulevard from 7:30 a.m. to 9:30 a.m. on April 13, 2003, with a waiver of all overtime costs. The event was originally approved for use of the sidewalks along A-1-A with minimal overtime costs. The estimated overtime costs to change the event as requested are approximately $2,500. The City Manager expressed concern over the budget and stated a small deficit is projected. The City Manager stated he feels this can be corrected and noted that the major source of the deficit is police overtime. Mayor Schmidt concurred with the City Manager and stated he could support the amendment if Ms. Coven agrees to pay for the overtime. Beverly Marinaro, 5215 Greenwood Drive, Delray Beach (President of Children's Hope), stated they would like to make this an annual event and commented that this is the first big fundraiser for the foster parents. Furthermore, she stated their concern is for the safety of the children participating and the thus the request to close the streets for this event. Robin Coven, Board of Directors for Children's Hope, stated this is an insurance issue with regard to the safety of the children. -18- 02/18/03 Mrs. Archer asked how many volunteers there are and if there would be any way to post volunteers along the walk to try and keep the children on the sidewalk so that they could still have the event but not have to incur the financial burden. Mrs. Archer suggested that the children walk around Anchor Park and terminate it at the end of the sidewalk at the northern end and turn around and come back. Mrs. Archer stated she would like to support the event but would like to find some way to work this out so that the children can be on the sidewalk. Mayor Schmidt stated he would only support the amendment with the condition as suggested that the organization be responsible for the overtime costs and the City will work with them to minimize the cost as much as they can. Mr. Levinson suggested that this be worked out with the police to possibly cut costs of overtime. Mrs. Archer moved to approve the amendment for the Children's Hope Society 5K Walk/Run Event subject to overtime costs of $2,500 to be paid by the event supervisors, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. 9.F. BID AWARD/BELL SOUTH COMMUNICATIONS SYSTEMS: Consider approval of a bid award to Bell South Communications Systems in the amount of $148,766.01 via the Broward County Contract RLI #060597-RB for the purchase of the Nortel Option 1 lC PBX Phone System, conversion of the City's line service to Centrex, election of Private Relay Interface Service for City Hall/Community Center, and changing the long distance service provider to Bell South Long Distance Service. Funding is available from savings as a result of these changes. Robert A. Barcinski, Assistant City Manager, stated this item is to authorize a bid award to Bell South Communications Systems under the Broward County Contract in the amount of $148,766.01 for a Nortel Option l lCPX System and authorize conversion of line service to Centrex, elect Private Relay Interface Service for City Hall and the Community Center, and to switch our long distance service to Bell South. In reviewing the options available, the Telecommunications Manager has concluded through her analysis that it would be more cost effective to replace all of the City Hall systems as well as the Community Center with the Nortel Option 11C PBX System from Bell South Communications. The estimated first year savings for these changes is $55,225.56 with an estimated annual savings of $39,364. The Finance Department is recommending a three year lease purchase. Mr. Levinson asked if the voice mail boxes for everyone will have sufficient amount of hours. In response, Amanda Solomon, Telecommunications Systems Manager, stated the voice mail box is built into the system. Mr. Levinson also asked if the automated attendant will allow someone to make a call after hours call and get to a voice mailbox. Mrs. Solomon stated the system will allow someone to make a call after hours and a directory will be available. Mr. Perlman commended Amanda Solomon, Telecommunications Systems Manager for moving forward with this and saving money at the same time. -19- 02/18/03 The City Manager concurred with comments expressed by Mr. Perlman and stated that Mrs. Solomon has done an outstanding job with putting this together. Mr. Perlman moved to approve the bid award with Bell South Communications Systems including all proposed changes, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 9.G. RESOLUTION NO. 6-03: Consider approval of Resolution No. 6-03 authorizing the City to purchase property for drainage retention located on N.W. 15th Avenue; and Contract for Sale and Purchase between the City and the Delray Beach Community Development Corporation in the amount of $76,000.00. The caption of Resolution No. 6-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, DESCRIBED LOTS 15-18, BLOCK B, CARVER MEMORIAL PARK SUBDIVISION LOCATED ON N.W. 15TH AVENUE AS MORE PARTICULARLY DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE DELRAY BEACH COMMUNITY DEVELOPMENT CORPORATION AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 6-03 is on file in the City Clerk's office.) Brian Shutt, Assistant City Attorney, stated there are four vacant lots that the City would like to purchase from the Community Development Corporation (CDC). Mr. Shutt explained that the purchase price of $76,000.00 includes various closing costs incurred and due diligence activities. Mr. Perlman asked what the intention of the CDC was when they purchased this property. In response, Mr. Shutt stated this was purchased by the CDC for single family homes and the City needs the property to provide drainage retention in this area. Mr. Levinson stated he does not want to set a bad precedent and feels that if the CDC makes a bad purchase he is not so sure that the City should make it our obligation to make it good. The City Manager stated the City has worked very hard to find enough land in one place to do the retention that we need to do to solve the drainage issues in this area. The City Manager continued to state that originally this property was owned by a church and somehow the CDC ended up purchasing it before the City could buy it from the church and -20- 02/18/03 commented that the CDC is in the business of providing housing to first time homebuyers and the money will go into other properties. Dick Hasko, Director of Environmental Services, stated that these parcels were identified during the 2000 Road Bond Study as being the ideal location and size to address a drainage problem in the area during heavy rainstorms. Mr. Perlman moved to approve Resolution No. 6-03, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. 9.H. PARKING LEASE AGREEMENT: Consider approval of a parking lease agreement between the Block 77 Development Group and Sun Atlantic Properties, L.L.C. for 100 full-time and part-time parking spaces on Block 69. The City Attorney stated this is a request for a parking lease agreement between Block 77 Development Group and Sun Atlantic Properties, L.L.C. which the City is not a party to yet. The City Attorney stated when that time comes it will be assigned and advertised according to the City's policy. However, the agreement calls for approval of the terms of the lease at this time and the lease is for 99 years. The essential terms of the lease are that the tenant will pay operating expenses for the sixty full-time and forty part-time spaces which will be located on the first level unless that level cannot accommodate this number then they would overflow to the second level. Mr. Perlman moved to approve the Parking Lease Agreement between the Block 77 Development Group and Sun Atlantic Properties, L.L.C., seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. 9.I. QUIET TITLE/COUNTY PARCELS: Consider authorization to Quiet Title two (2) of the six (6) parcels acquired from Palm Beach County. Mayor Schmidt stated as suggested by the City Attorney she is requesting that the Commission approve this request so that they will be authorized to Quiet Title any parcel they deem necessary. Mrs. Archer moved to approve authorization to Quiet Title of any parcels the City Attorney deems necessary, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. 12. FIRST READINGS: None. -21- 02/18/03 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager. The City Manager had no comments or inquiries on non-agenda items. 13.B. City Attorney. The City Attorney updated the Commission with regard to the lifeguard stands and towers and noted that Paul Dorling, Planning and Zoning Director has made contact with the Director of Beaches and Shores and is hoping to work with them on some language for a new law if needed. The City Attorney continued to state that the City also has some legislation they can propose through Representative Hasner's office who contacted the City Attorney through the Mayor today. Mayor Schmidt stated Kathy Daley is aware of this situation and will assist if necessary. 13.C. 13.C.1. City Commission. Commissioner Levinson Mr. Levinson stated he received a copy of The Wall Street Journal (February 3, 2003) and suggested that the article regarding Delray's Home Front Security Force be scanned and placed on the City's website. Secondly, Mr. Levinson stated he is pleased to see that the City is purchasing another thirty take home cars for the Police Department and noted this is something that is very important to the success of the Retention and Recruitment Program. 13.C.2. Commissioner Perlman Mr. Perlman stated the concert at Old School Square was fabulous and noted that this is an example of Old School Square fulfilling its potential and promise. Secondly, Mr. Perlman stated he met with Joe Gillie, Marjorie Ferrer, and Randi Emerman who is the Executive Director of the Palm Beach International Film Festival and as a result and as part of the Film Festival they are going to be screening the movie My Big Fat Greek Wedding on April 6, 2003. In addition, Mr. Perlman stated some of the stars in the movie will be coming to the Pavilion. Mr. Perlman stated the movie actually got its start at the film festival a year ago and has since gone on to become the most successful romantic-comedy of all time. Mr. Perlman stated the Village Academy ground breaking ceremony will be held tomorrow for the expansion and he feels this is a very exciting project for the City of Delray Beach and the southwest section. -22- 02/18/03 Lastly, Mr. Perlman echoed comments expressed by Chuck Ridley regarding the Rhythm & Blues on the Avenue Festival and stated the event was well attended. Furthermore, Mr. Perlman commended Rosalind Murray and noted that she deserves a lot of credit with regard to the festival. 13.C.3. Commissioner Archer Mrs. Archer commented about the Delray Philharmonic and she feels it was a superb first attempt and very well attended. Mrs. Archer continued to state the Delray Philharmonic and the Rhythm & Blues on the Avenue Festival and thought it was nice that there was one event from the east side and the other from the west side both having events on the same weekend. Secondly, Mrs. Archer stated it was wonderful to have the children of Carver Estates winning essay contests and she feels this is due in large part to the Delray Beach Police Department for operating this program and turning the community around. Furthermore, Mrs. Archer stated it is nice to see the children participating in educational functions that are helpful for them. Mrs. Archer commented that the movie My Big Fat Greek Wedding is also going to have a sitcom on television. 13.C.4. Mayor Schmidt Mayor Schmidt had no comments or inquiries on non-agenda items. at 8:50 p.m. There being no further business, Mayor Schmidt declared the meeting adjourned City Clerk ATTEST: MAYOR -23- 02/18/03 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 February 18, 2003, 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. -24- 02/18/03 Lastly, Mr. Perlman echoed comments expressed by Chuck Ridley regarding the Rhythm & Blues on the Avenue Festival and stated the event was well attended. Furthermore, Mr. Perlman commended Rosalind Murray and noted that she deserves a lot of credit with regard to the festival. 13.C.3. Commissioner Archer Mrs. Archer commented about the Delray Philharmonic and she feels it was a superb first attcnnpt and very well attended. Mrs. Archer continued to state the Delray Philharmonic and the Rhythm & Blues on the Avenue Festival and thought it was nice that there was one event from the east side and the other from the west side both having events on the same weekend. Secondly, Mrs. Archer stated it was wonderful to have the children of Carver Estates winning essay contests and she feels this is due in large part to the Delray Beach Police Department for operating this program and turning the community around. Furthermore, Mrs. Archer stated it is nice to see the children participating in educational fimcfions that are helpful for them. Mrs. Archer commented that the movie My Big Fat Greek Wedding is also going to have a sitcom on television. 13.C.4. Mayor Schmidt Mayor Schmidt had no comments or inquiries on non-agenda items. There being no further business, Mayor Schmidt declared the meeting adjourned at 8:50 p.m. City Clerk ATTEST: MAYOR -23- 02/18/03 The undersigned is the City Clerk of the City of Delray Beach, Florida, and thc information provided herein is the Minutes of the Regular City Commission Meeting held on February 18, 2003, which Minutes were formally approved and adopted by the City Commission on Iqarch 13, 2003 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. -24- 02/18/03