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09-23-03SEPTEMBER 23, 2003 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, September 23, 2003. Roll call showed: Present - 1_. Absent - Also nresent were - & Commissioner Patricia Archer Commissioner Bob Costin Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman None David T. Harden; City Manager Susan A. Ruby, City Attorney Brian Shutt, Assistant City Attorney Ten-ill Pybum, Assistant City Attorney Barbara Garito, City Clerk 2. The opening prayer was delivered by Dr. Roger Richardson with Church of the Palms Congregational United Church of Christ. The Pledge of Allegiance to the flag of the United States of America was given. At this point, the Commission moved to Item 6, Proclamations. 6oAo Recol~nizine and Commending Nathaniel Tucker Mayor Perlman read and presented a proclamation recognizing and commending Nathaniel Tucker for thirty-nine years of dedicated service to the City of Delray Beach. Nathaniel Tucker came forward to accept the proclamation. 6oBo Recoenizine and Commending Jerry Cheeseman Mayor Perlman read and presented a proclamation recognizing and commending Jerry Cheeseman for twenty-seven years of dedicated and faithful volunteer service to the children of Delray Beach and Palm Beach County. Jerry Cheeseman came forward to accept the proclamation. 6oCo Recognizing and Commending the East Boynton Beach Little League Mayor Perlman read and presented a proclamation recognizing and commending the East Boynton Beach Little League National Champions and proclaims them to be "Champions among Champions and Ambassadors of Good Will and Sportsmanship for the City of Delray Beach, Florida". In addition, the Commission presented the East Boynton Beach Little League Team and Coaches with signed baseballs by the Commission and the key to the City. The East Boynton Beach Little League Team came forward to accept their proclamations. 6.9. Walk Our Children to School Day - October 8~ 2003 Mayor Perlman read and presented a proclamation hereby proclaiming October 8, 2003, as Walk Our Children to School Day in the City of Delray Beach. Jim Smith came forward to accept the proclamation. At this point the City Commission moved to Item 4, Agenda Approval. AGENDA APPROVAL. Mayor Perlman requested Item 8.B., Resolution No. 68-03/Public Arts Implementation Committee be removed from the Consent Agenda and moved to the Regular Agenda as Item 9.A.1. Mayor Perlman requested Item 8.E., Extension of Payment/Auburn Trace be removed from the Consent Agenda. Mayor Perlman stated there is additional information for Item 8.F., Florida Teleport. Mayor Perlman stated Item 7.A., the "Spotlight on Education" Presentation is being moved to the City Commission meeting of October 7, 2003. Mayor Perlman noted the addition of Item 9.L., County-Wide Level of Service for Fire/Rescue, to the Regular Agenda by addendum. Mayor Perlman noted the amended Exhibit "A" for Item 10.C., Resolution No. 64-03 (FY 2004 Budget Adoption). Mr. Costin moved to approve the Agenda as amended, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. APPROVAL OF MINUTES: Mayor Perlman noted a correction on page 29 of the Minutes from the Regular Meeting of September 9, 2003, and stated the word "mocking" should read "memorial". The City Clerk so noted. -2- 09~3~3 Mrs. Archer moved to approve the Minutes of the Regular Meeting of September 9, 2003, as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission returned to Proclamations, ltem 6.E. Breast Cancer Awareness Month - October 2003 Mayor Perlman read a proclamation hereby proclaiming the month of October 2003 as Breast Cancer Awareness Month and October 17, 2003 as Mammography Day in Delray Beach, Florida. Mayor Perlman stated Skip Brown's wife who is recovering from Breast Cancer has arranged for the "Mammo Van" to come to Delray Beach on October 8, 2003 from 9:00 a.m. until 12:00 noon and give mammograms at a reduced rate for residents. Ms. McCarthy stated this is outstanding that Mrs. Brown would be sensitive enough to follow through to get this done and feels this is such a necessary cause. In addition, Ms. McCarthy publicly announced there is stamp that has just been released as a fundraiser for the Breast Cancer Society and its research. Order of the Sons of Italy in America Week - October 2003 Mayor Perlman read and presented a proclamation hereby proclaiming the week of October 12, 2003 as Order of the Sons of Italy in America Week in the City of Delray Beach, Florida. Ronald Albano came forward to accept the proclamation and invited everyone to attend the 4th Annual Columbus Day Fiesta on October 11-12, 2003 at Veteran's Park. 6oG. National Business Women's Week - October 19-24~ 2003 Mayor Perlman read and presented a proclamation hereby proclaiming October 19, 2003 through October 24, 2003 as Business Women's Week in Delray Beach, Florida. Zip Zarga came forward to accept the proclamation and noted Commissioner Archer and Commissioner McCarthy have both been invited to participate in the event to represent Delray Beach. At this point, the Commission moved to Item 7.A., Presentations. PRESENTATIONS: 7.A. "Sootlight on Education" - Dr. lan Salezm~n~ Principal of Carver Middle School and lan Plosker~ President of the Delray Beach Youth Council 2003. This item has been moved to the Regular City Commission Meeting of October 7, -3- 09/23/03 CONSENT AGENDA: City Manager Recommends Approval. 8.A. RESOLUTION NO. 67-03 (GRANT APPLICATION TO STATE OF FLORIDA): Authorize the Delray Beach Public Library staff to submit an operating grant application directly to the State of Florida to obtain operating funds for operations and maintenance of the library. The caption of Resolution No. 67-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE SUBMISSION OF AN APPLICATION REQUESTING STATE AID TO LIBRARIES GRANT FUNDING FOR OPERATIONS AND MAINTENANCE OF THE LIBRARY, AND PROVIDING REQUIRED ASSURANCES. 8.B~ (The official copy of Resolution No. 67-03 is on file in the City Clerk's office.) THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.1. 8.C. CHANGE ORDER NO. 1/FINAL PAYMENT/HARDRIVES~ INC.: Approve Change Order No. 1 in the amount of a $3,770.00 decrease, and final payment in thc amount of $10,577.50 to Hardrives, Inc. for the Cemetery Expansion Project. Funding is available from 334-6111-519-63.90 (General Construction Fund/Other Improvements). SUBORDINATION AGREEMENT FOR COMMUNITY DEVELOPMENT FUNDING RECIPIENT: Authorize and approve subordination of the City's second mortgage in the amount of $15,500.00 to allow the applicant to secure new financing. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 8.F. EXTENSION OF PAYMENTfFLORIDA TELEPORT: Approve a payment extension request from Florida Teleport due to Department of Enviromental Protection (DEP) permitting issues. AMENDMENT TO SUB-RECIPIENT FUNDING AGREEMENT/CARVER ESTATES YOUTH PROGRAM: Approve an amendment to the funding agreement between the City of Delray Beach and the Carver Estates Youth Program that provides for an additional funding allotment of $12,789.00 as approved by the Department of Justice, Executive Office of Weed & Seed, and Housing & Urban Development (HUD) Supplemental Grant. Funding is available from 115-2125-521-83.01 (Weed and Seed Grants/Other Grants/Aid). 8.H. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUEi Approve and endorse the Art & Jazz on thc Avenue scheduled for October 16, 2003 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 -4- 09/23/03 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. Ist 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, banScade set-up/removal, trash removal and clean up, and use/set-up of City stages. 8.I~ REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period September 8, 2003 through September 19, 2003. 8ogo AWARD OF BIDS AND CONTRACTS: Bid award to Gator Landscaping, Inc. at an estimated annual cost of $30,830.00 for the landscape maintenance of Homewood Boulevard/Linton Boulevard and three (3)medians on Military Trail. Funding is available from 119-4144-572-46.40 (Beautification Trust Fund/Maintenance). : Purehase aWard to Team Equipmen, t, Inc. in the amount of $12,948.54 for the purchase of hydraulic ~rescue'equipm~nt to b~ used by the Fire Department. Funding is available from 115-2311-522-64.90 (General Construction Fund/Other Machinery/Equipment). Purchase award to CompUSA in the total amount of $20,099.00 via State Contract #250-000-03-I for the purchase of two (2) replacement servers for the MIS Department. Funding is available from 334-6112-519-64.11 (General Construction Fund/Computer Equipment). Purchase award to Dave Holbrook Distributor, Inc. in the total amount of $23,606.00 via State Contract #600-760-00-1 for the purchase of a Hasler MagiSert M6000E Folding and Inserting System for the Utilities Division. The total amount includes all components, delivery, set-up, training, support and a one (1) year maintenance agreement. Funding is available from 441-5112-536-46.20 (Equipment Maintenance), 441-5112-536-64. I0 (Office Furniture/Fixtures), and 441-5112-536-64.12 (Office Equipment). Mr. Levinson moved to approve the Consent Agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy ~ Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA: 9.A. RECONSIDERATION OF THE APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/IRONWOOD PROPERTIES~ INC.: The applicant is requesting a reconsideration of the City Commission's denial of the appeal of a decision of the Site Plan Review and Appe~ance Board's action regarding a tot lot for Mallory Square, located on the south side of S.E. 3~ Street, between S.E. 5th Avenue and S.E. 6th Avenue. Requires a -5- 09/23/03 motion for reconsideration from a Commissioner who voted against approval. (Quasi-Judicial Hearing) Mr. Levinson moved to reconsider the appeal, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Peffman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion to reconsider the appeal passed with a 5 to 0 vote. Mayor Perlman read into the record the City of Delray Beach procedures for conducting a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial Hearing items held this evening. Mayor Perlman asked the Commission to disclose any ex parte communications. Mrs. Archer stated she had a conversation with Mr. Cary Glickstein this morning in addition to receiving email from him. Mr. Costin stated he had a brief discussion with Mr. Cary Glickstein. Mayor Perlman stated he received an email from Mr. Cary Glickstein requesting the reconsideration. Ms. McCarthy stated she also received an email from Mr. Cary Glickstein, spoke to Robert Currie, and received two additional emails she will forward to the City Clerk. Mr. Levinson stated he received the email included in the agenda packet. 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 #2003-271 into the record. Mr. Doffing stated Mallory Square was approved by SPRAB on December 21, 2001 and was approved subject to several conditions. One of those conditions being that a tot lot be provided. Mr. Doffing stated that item was requested to meet Open Space and Recreation Element Policy A-3.1 of the Comprehensive Plan policies which states: "Tot lots and recreation areas serving children from toddlers to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units." Mr. Doffing noted this development has a total of 84 units. The applicant has since completed more than one half of the development and requested the elimination of the tot lot and its replacement with additional hardscape for the pool area. This request was considered by SPRAB at their August 13, 2003 meeting and the request was denied. The applicant then appealed the decision on August 22, 2003. Mr. Doffing stated the applicant has put forth two arguments; the first being that the demographics of the existing owners do not warrant the tot lot area. Mr. Doffing stated to accept this argument the following factors would have to be ignored (1) these demographics may change, (2) the current and future residents may not have dependent children but may have non- custody children and grandchildren, and (3) that the current owners may not be the permanent residents given the nature of real estate we are seeing today. Mr. Doffing stated given these factors, staff cannot make the assumption that the owners of today do not need to have tot lots -6- 09/23/03 because they do not have any children. The applicant also puts forth an argument that area is smaller than the area which was approved and that the planned equipment would not fit and therefore creates a hazard. Mr. Dorling stated in order to accept this argument, staff would have to ignore the fact that the internal landscaped areas within that area could be modified or even eliminated to provide a greater area, or the choice of equipment should be revisited to be equipment which is dimensionally compatible with that area. Staff recommends that the SPRAB decision be upheld and the tot lot be provided at this site. Cary Glickstein, speaking on behalf of Ironwood Properties, stated with respect to Mallory Square, there are 84 homes on this property in the CBD zoning district and would have accommodated up to 150 homes. In terms of density, Mr. Glickstein stated this is a third below what the property could have been maxed out at and he is still having a difficult time fitting a tot lot on the site. Mr. Glickstein expressed concern over safety with regard to tot lot and he feels the policy needs some further discussion. Mayor Perlman stated anyone from the public who would like to address the Commission regarding the reconsideration of the appeal, to come forward at this time. No one from the public came forward to speak in favor or in opposition. The following discussion followed between Mr. Glickstein and the Commission. Mrs. Archer asked how many people have purchased the units who are under the age of forty. In response, Mr. Glickstein stated the largest group of purchasers is in the range of mid to upper forties with childless households. Mr. Costin asked if this was difficult to identify on the site plan until he went to the construction phase of it or are we lacking something in our regulations that do not give Mr. Glickstein the proper parameters for these tot lots. Mr. Glickstein stated this is the first time they have had to consider a tot lot. When the request came in the initial staff report from the plan submittal to SPRAB they shrunk the area of the pool deck and made what they thought would be adequate room for the tot lot. Mr. Glickstein stated it seemed sufficient on the plan but after measuring the distance it was very tight. Mr. Glickstein stated the pool deck has essentially been cut in half to accommodate the tot lot and he feels the needs of urban intill need to be addressed. · Ms. McCaffiay asked if the people who purchased these units purchased with the anticipation that a tot lot was going to be there. Mr. Glickstein stated the tot lot is shown on the plans but the expectations are not there for the tot lot. Mr. Glickstein stated most people see the pool area as deficient in terms of seating. Ms. McCarthy inquired about the safety concerns with regard to the equipment. Mr. Glickstein stated if the equipment is used as it should be used then he feels this area is okay. However, Mr. Glickstein stated if a child is playing he or she could fall off the edge of the platform and strike a masonry wall about 3 ½ feet away. He is suggesting that the 3 ½ feet is probably about the size or very close to the age group that would be using such equipment. Mr. Levinson stated he feels this discussion should have happened at the beginning of the SPRAB process and noted SPRAB has twice reviewed it and both times have -7- 09/23/03 said they want a tot lot. He is concerned that subsequent buyers would have children that would be living there and stated he would like to see the tot lot stay because it is very attractive for very small children. Mrs. Archer expressed concern regarding this project being between northbound and southbound Federal Highway and there is no place for the children to play without having to leave the property. Mr. Costin emphasized that he does not want to see the tot lots eliminated; however, he would like to see some improvement and asked staff to review. Mr. Costin stated it appears that the space which has been designated for the tot lot is insufficient and he feels this should be reviewed to ensure that there is enough space for a safe environment for future developments. Mr. Levinson moved to approve the appeal, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman - No; Mr. Costin - No; Mrs. Archer - No; Mr. Levinson - No; Ms. McCarthy - No. Said motion to approve the appeal was denied with a 5 to 0 vote. At this point, the time being 7:02 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 62-03 (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 2004. 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. 62-03 is as follows: A RESOLUTION OF THE C1TY 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 Rest>lution No. 62-03 is on file in the City Clerk's office.) The City AttOrney announced Resolution No. 62-03 levies a tax on all properties in the City of Delray Beach for fiscal year 2004 as follows: 7.52 mills for operation and maintenance of the General Fund, 0.48 mills for the payment of principal and interest on bonded indebtedness for a total of 8.00 mills as the millage rate. The millage rate of 8.00 mills is equal -8- 09/23/03 to the millage for fiscal year 2003. The rolled back rate calculated under the TRIM law for operating purposes is 6.6911 mills. The millage rate is 12.39% 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 Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Resolution No. 62-03, the public hearing was closed. Mr. Levinson moved to approve Resolution No. 62-03, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 10.B. RESOLUTION NO. 63-03 (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 2004. 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. 63-03 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 BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPPdATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 63-03 is on file in the City Clerk's office.) The City Attorney announced Resolution No. 63-03 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 2004. This millage exceeds the 0.8697 rolled back rate calculated under the TRIM law by 14.98%. 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 Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Resolution No. 63-03, the public hearing was closed. Mr. Costin moved to approve Resolution No. 63-03, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. -9- 09/23/03 McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 10.C. RESOLUTION NO. 64-03 (FY 2004 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, 2003 through September 30, 2004. 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. 64-03 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, 2003, TO THE 30th DAY OF SEPTEMBER, 2004; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY 1N CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. (The official copy of Resolution No. 64-03 is on file in the City Clerk's office.) The City Attorney announced Resolution No. 64-03 makes appropriations of sums of money for all necessary expenditures of the City for fiscal year 2004. The budget summary is set forth in Exhibit "A" to the resolution. 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 Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Resolution No. 64-03, the public hearing was closed. Mrs. Archer moved to approve Resolution No. 64-03, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. IO.C.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 2004 Capital Improvement Budget are consistent with the Comprehensive Plan, and approve same. Prior to consideration of passage of this item, a public hearing has been -10- 09/23/03 scheduled to be held at this time. Paul Dorling, Director of Planning and Zoning, noted a correction to the Planning and Zoning Board action and stated in the agenda memo it states that the Planning and Zoning Board unanimously made a finding that both the Capital Improvement Plan (CIP) and Capital Improvement Budget (CIB) are consistent with the Comprehensive Plan. However, Mr. Dorling stated the Board voted 6-1 (Peltzie dissenting). Mayor Perlman declared the public hearing open. There being no one who wished to address the Commission regarding this item, the public heating was closed. Ms. McCarthy moved to accept the finding of the Planning and Zoning Board that the Capital Improvement Plan and Capital Improvement Budget are consistent with the Comprehensive Plan for fiscal year 2004, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 28-03: Privately initiated Future Land Use Map (FLUiVo Amendment from LD (Low Density Residential 0-5 du/ac) to CF-C (Community Facilities- Churches) for a 4.13 acre parcel of land and rezoning from R-l-AA (Single Family Residential) to CF (Community Facilities) for a 0.795 acre parcel of land, located on the north side ofN.E. 6t~ Street between N.E. 8th Avenue and Palm Trail for St. Vincent Ferrer's Church. Prior to consideration of passage of this ordinance, a public heating has been scheduled to be held at this time. (Quasi-Judicial Hearing) The caption of Ordinance No. 28-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE PLAN FROM LD (LOW DENSITY RESIDENTIAL 0-5 DU/AC) TO CF-C (COMIvIUNITY FACILITIES-CHURCHES); ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND PLACING LAND PRESENTLY ZONED R-l-AA (SINGLE FAMILY RESIDENTIAL) DISTRICT IN PART AND CF (COMMUNITY FACILITIES) DISTRICT IN PART TO CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE NORTH SIDE OF NE 6TM STREET, BETWEEN NE 8TM AVENUE AND PALM TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2003"; PROVIDING A -11- 09/23/03 GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 28-03 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mayor Perlman asked the Commission to disclose any ex parte communications. No ex parte communications were disclosed. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2003-274 into the record. Mr. Doffing stated the entire church property consists of 9.8 acres and was originally zoned R-1-A (Single Family Residential). In 1990, with the Citywide rezoning the north half of 6.43 acres was rezoned to CF (Community Facilities). The balance was not rezoned because it contained some residential uses. The City Commission approved a City initiated correction rezoning from R-1AA to CF on February 16, 1999. At the time, this portion of the property had an underlying Future Land Use Map designation of LD (Low Density Residential 0-5 du/ac) which was not changed as it was consistent with the proposed zoning of CF. Mr. Dorling explained this is before the Commission at this time to accommodate some additional acquisitions the church has made with three additional lots. At its meeting of Augnst 18, 2003, the Planning and Zoning Board held a public heating in conjunction with the Rezoning and FLUM amendment requests, the Board unanimously voted 6-0 (Pike absent) to recommend that the request be approved based on positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. At this point, the City Clerk swore in Mr. Doak Campbell. Doak Campbell, Attorney, stated essentially they are trying to "clean-up" the zoning situation and noted there is no building application at this time for any change in the present site plan. However, in the event if something in the future would need to be done (i.e. a covered corridor between the buildings) by doing this it would make the entire process easier. Mayor Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 28-03, the public heating was closed. Mr. Costin moved to adopt Ordinance No. 28-03 on Second and FINAL Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. -12- 09~3~3 10.E. ORDINANCE NO. 30-03: 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 2.2% for FY 2004. Prior to consideration of passage of this ordinance, a public heating has been scheduled to be held at this time. The caption of ordinance No. 30-03 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 2004; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of ordinance No. 30-03 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 Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 30-03, the public hearing was closed. Ms. McCarthy moved to adopt Ordinance No. 30-03 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 10.1*. ORDINANCE NO. 31-03: 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 an increase of 9 cents per 1,000 gallons for treatment costs. Prior to consideration of passage of this ordinance, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 31-03 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; -13- 09/23/03 WHOLESALE SEWER RATES; CALCULATION OF SEWER SURCHARGE", SUBSECTION 53.130(D), TO PROVIDE FOR INCREASED RESIDENTIAL AND NONRESIDENTIAL/COMlVlERCIAL RATES FOR FY 2004; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 31-03 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 Perlman declared the public hearing open. Olonzo Holloman, 610 S.W. 6th Avenue, Delray Beach, stated he would like an explanation regarding the proposed sewer rate increase. The City Manager stated sewer waste is treated by the South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB) which is a joint facility operated by Delmy and Boynton Beach. These costs have gone up for the first time in approximately thirteen years and the increase is .09 per thousand gallons and therefore the increase for Mr. Holloman will be approximately .90 cents to $1.00 per month. Lisa Schuchert, 2707 Peer Lane, Delray Beach, commended the Commission for sending postcards to the public and stated she believes this will generate more interest from the residents with regard to people attending and participating in the Commission meetings. Mrs. Schuchert asked how the .09 cents was determined. The City Manager stated this is based on the increase in costs and a big part of it is due to the increase in electricity costs which is a big part of the cost for treating sewage. In addition, the City Manager stated we are no longer able to spread sludge (which is what is left after you get the treated liquid out of sewage) but instead have to dry it. The City Manager stated the City of Dekay Beach along with a number of other cities is in the process of building a pelletization plant which converts the sewage into fertilizer and capital dollars are being used to build the plant. Clara Gadson, 509 S.W. l0th Street, Delray Beach, stated she lives alone and expressed concern over the proposed rate increase. She feels it is not fair that she pay the same rate as someone who has six or seven people living in their home. The City Manager stated the cost varies depending on how much water is used and reiterated that the proposed increase is .09 per 1,000 gallons. The City Manager suggested she contact the Utility Billing staff to see if they can check for possible leaks because of the amount of water she is using seems excessive. -14- 09/23/03 There being no One who wished to address the Commission regarding Ordinance No. 31-03, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 31-03 on Second and FINAL Reading, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 10.G. ORDINANCE NO. 35-03: An ordinance amending Chapter 117, "Landlord Permits", of the City Code of Ordinances by amending Section 117.02, "Permit Fees" to provide for a $15.00 increase in landlord permit fees. Prior to consideration of passage of this ordinance, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 35-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 117, "LANDLORD PERMITS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 117.02, "PERMIT FEES", TO PROVIDE FOR AN INCREASE IN THE FEES CHARGED AND CLARIFYING THAT THE FEES ARE NOT PRORATED; AMENDING SECTION 117.04, "APPEALS" TO CLARIFY THAT NOTICE SHALL BE WRITTEN; AMENDING SECTION 117.05, "INSPECTIONS", TO CLARIFY THAT UNITS MUST COMPLY WITH ALL CITY CODES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 35-03 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 Perlman declared the public hearing open. Mary Alford, 31 N.W. 14t~ Avenue, Delray Beach, strongly opposes increasing the landlord permit fees from $15.00 to $30.00 per unit per year and stated the fee is another legal reason to extract funds from someone. Mrs. Alford stated when a person owns a piece of property as their livelihood she feels it is unfair for the system to claim a part of that income especially since the owner is already required to pay taxes. Jim Kemp, 903 Miramar Drive, Delray Beach, inquired how staff arrived at doubling the landlord permit fee. In response, the City Manager stated the increase was based on -15- O9/23/03 what other cities are charging and staff also looked at the cost for the City to set up a program for landlord education and inspection of rental units. Mr. Kemp inquired about the landlord education program. The City Manager stated there are some areas where landlords have problems that staff believes could be either eliminated or greatly reduced if they had better education on how to manage their units (i.e. selection of tenants, handling of maintenance, etc.). The City Manager stated this fee has not been increased since 1994. There being no one who wished to address the Commission regarding Ordinance No. 35-03, the public hearing was closed. Prior to the vote, Mayor Perlman stated this is a program the Police depattnxent has been requesting for a number of years in terms of landlord education. Furthermore, Mayor Perlman stated this increase still puts the City of Delray Beach lower than many nearby cities. Mayor Perlman continued to state this is not just an educational program but there is safety issues involved as well with regard to inspection. Mayor Perlman stated when he talks to the homeowner's associations a lot of the major problems we have in neighborhoods are created by the absentee landlords and he feels the inspection program will make it safer for neighborhoods. Mr. Costin moved to adopt Ordinance No. 35-03 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 10.H. RESOLUTION NO. 66-03: Consider approval of Resolution No. 66-03 authorizing the City to sell property located on the comer of Wallace Drive and S.W. l0th Avenue and Contract for Sale and Purchase between the City and J. David Roof, William H. Roof and Linda M. Roof in the amount of $10,000.00. 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. 66-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY SELL TO BUYER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 66-03 is on file in the City Clerk's office.) The City Attorney read the caption of the resolution. 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. -16- 09/23/03 The City Attorney stated this is a resolution where the City of Delray Beach is selling property located on the comer of Wallace Drive and S.W. l0th Avenue to Mr. J. David William H. Roof and Linda M. Roof in the amount of $10,000. Mayor Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Resolution No. 66-03, the public hearing was closed. Mr. Levinson moved to approve Resolution No. 66-03, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 10.I. ORDINANCE NO. 36-03: An ordinance amending Chapter 35, "Employee Policies and Benefits", subheading "Retirement Plan", of the City Code of Ordinances to increase the contribution requirement for general employees fi:om zero to 2% of their basic compensation. Prior to consideration of passage of this ordinance, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 36-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY . BEACH FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH .BY AMENDING SECTION 35.095, "CONTRIBUTIONS OF PARTICIPANT AND CITY", SUBSECTION 35.095(A), "PARTICIPANT'S CONTRIBUTION ACCOUNT", TO PROVIDE FOR CHANGES TO CERTAIN PARTICIPANT CONTRIBUTIONS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 36-03 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 Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 36-03, the public hearing was closed. Mr. Levinson moved to adopt Ordinance No. 36-03 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. -17- 09/23/03 Said motion passed with a 5 to 0 vote. 10.J. ORDINANCE NO. 29-03: An ordinance adopting and enacting a new City Code of Ordinances as reprinted and codified by the Municipal Code Corporation. Prior to consideration of passage of this ordinance, a public heating has been scheduled to be held at this time. The caption of Ordinance No. 29-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ADOPTING AND ENACTING A NEW CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING FOR THE AMENDMENT OF THE CODE OF ORDINANCES; AND PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 29-03 is on file in the City Clerk's office.) The City Attorney read' the caption of the ordinance. A public heating 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 Perlman declared the public heating open. There being no one who wished to address the Commission regarding Ordinance No. 29-03, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 29-03 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. ll.A. City Manager's response to prior public comments and inquiries. With regard to a prior inquiry about an abandoned house located at 1331 N.W. 3rd Street and vagrants in the house, the City Manager stated the Police in the district have inspected the residence and at that time there was no evidence of anyone occupying the home. The City Manager stated Code Enforcement will ensure that the home is securely boarded up and the officers in the district will continue to conduct extra patrols to monitor the property. The City Manager stated there was a nuisance abatement case on the property to clean and mow it and this -18- 09/23/03 was taken care of last week. In addition, there was an abandoned vehicle and vehicle parts which has been removed presumably by the owner of the vehicle. ll.B. From the Public. ll.B.1. Mary Alford~ 31 N.W. 14th Avenue~ Delray Beach~ stated she received a notice fi:om the Post Office indicating her mailbox needs to be located close to the street so the mail carrier does not have to get out of their vehicle. Mrs. Alford stated because of the way her property is situated if she indeed relocates the mailbox it will be on the other side of the sidewalk which will consequently place the mailbox in the swale almost into the street. Mayor Perlman advised staff to contact Dave Clark, Postal Supervisor in Delr~y to see what information can be obtained regarding this issue. ll.B.2. Richard McGloin~ 2275 N. Swinton Avenue~ Delray Beach: stated when the Seacrest Neighborhood Plan was being worked on the Post Office sent a notice to this entire neighborhood as well and tried to enforce it. Mr. McGloin stated to his knowledge the Post Office has no reason to enforce this and the regulation is they must get out of the mail truck and go to the home. Mr. McGloin stated he was not personally involved in the process to know how it was all resolved but he would think the President of the Association could possibly assist. Mayor Perlman asked the City Manager to direct Lula Butler, Director of Community Improvement to contact Mr. Clark about what the regulations are and then staffwill provide Mrs. Alford with the information. ll.B.3. Lisa Schuchert~ 2707 Peer Lane~ Delray Beach~ stated she lives in the Imperial Villas development and expressed concern over the roofing conditions and the roofing company making repairs. Mrs. Schuchert stated 80% of the roof repairs are not being done to Code. Mrs. Butler stated there is a lot of correspondence with regard to this issue and noted she will be glad to share this information with Mrs. Schuchert. At this point, the Commission moved to Item 9.A.1. of the Regular Agenda. 9.A.1. RESOLUTION NO. 68-03/PUBLIC ARTS IMPLEMENTATION COMMITTEE: Approve Resolution No. 68-03 extending the term of the Public Arts Implementation Committee until March 31, 2004. The caption of Resolution No. 68-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 8 OF RESOLUTION 26-03 EXTENDING THE DURATION OF THE PUBLIC ARTS IMPLEMENTATION COMMITTEE'S EXISTENCE UNTIL MARCH, 2004; PROVIDING AN EFFECTIVE DATE AND A SUNSET DATE. -19- 09~3~3 (The official copy of Resolution No. 68-03 is on file in the City Clerk's office.) Richard McGloin, Chair of the Public A~s Implementation Committee, stated he was asked to proceed with this resolution and extend the time allowing the Implementation Committee time to work on the art ordinance project. Mr. McGloin stated although this is referred to as public art he feels it is much more than just statues on the street. Mr. McGloin stated in the Master Plan there is a direct statement to be both on the avenue and in the neighborhoods it also talks about preserving the character and the heritage and the ethnic diversity andthecharmofthe City. Mr. McGloin stated if the Commission extends the Committee they will do the following: (1) change the focus to literally create an Art Master Plan for the City, (2) guidelines to the ordinance on how to administer it, (3) certain documentation will be created for the Planning and Zoning Department, (4) perform a public art needs assessment study in order to help backup the ordinance, (5) create the not-for-profit corporation which now has the name Dekay Beach Public Art, Inc. and (6) seat the Board of Directors ensuring it is very diverse in representation. Mr. McGloin stated he will come back to the Commission in approximately two months so they can review the total package which reflects what the Commission's direction is as discussed at the November 2002 Workshop Meeting (a civic participation, a private participation and not-for-profit administration of the package). Mr. McGloin stated he is not only requesting a vote of confidence in this process to motivate a Board of Directors but also wants to give them some assurance with the likelihood of success. Mr. McGloin stated he is not requesting the Commission to pm-approve anything this evening except for the fact that the Commission is still committed to the goals set in November 2002 for this project in order to move forward. Ms. McCarthy stated this is one of the first times of a Master Plan that is being developed without citizen input and asked Mr. McGloin if he is proposing to do something of that nature. In response, Mr. McGloin stated the citizen input has been part of Visions 2010 and part of the Master Plan and commented that the only visioning part of this Master Plan would be what we do with the civic art portion. He explained he is not proposing to bring this to the Commission but instead he would bring forward examples. Mr. McGloin stated he brought forward to the Commission as Pineapple Grove the Art Walk Plan which showed what could be done in potential locations. Mr. McGloin stated that portion is what he would like to bring forward now and commented that the Committee does not intend to do anything that would make citizen decisions in this Plan. Mr. McGloin stated the Committee is trying to bring together the package that would give the Commission the better definition of what the ordinance is. Mr. McGloin stated the Committee would like to bring forward all the backup material that should go with this ordinance and with regard to the public art portion the Committee would like to give examples of what it can be and not a plan of what it is. Mr. McGloin stated the Plan of "what it is" requires citizen input and that portion should be charged to the not-for-profit that is doing the administration. Mr. McGloin stated this ordinance has civic money in its trust that is to be spent on public art. Mr. McGloin stated the Committee is going to give the Commission an outline or the roadmap of what the Plan should be. Mr. Levinson stated he thinks it is premature to create the Board and the organization at this point. Mr. Levinson stated there are many things to take into consideration with regard to fimding, etc. and commented he is not sure having a Board in place prior to all of this happening saves any time. Mr. McGloin stated it is not necessary to create the Board to do -20- 09/23/03 the things he has outlined for the Commission this evening. Mr. McGloin stated there are approximately five public art projects OUtside of what the ordinance domain would be which that organization could handle. Mr. Costin stated we have identified some of the things that are lacking and he feels it is time to move forward and correct the inadequacies that we had previously. Mayor Perlman stated traditionally creating the Master Plan there were opportunities for public input. Mayor Perlman stated he understands the public has spoken at Visions 2010 and through the Downtown Master Plan process but this was part of larger efforts. Mayor Perlman stated he does not feel there is widespread awareness of what public art is throughout the City and in doing the Master Plan he feels it is important to go out and engage a consultant that would get some input from various sectors of the City. Mayor Pedman stated this may help to build momentum for what Mr. McGloin is trying to accomplish and feels public input will be beneficial for everyone. Mr. McGloin stated this resolution that created this body originally had funding of $20,000 and $4,000 of that has been spent. Mr. McGloin stated the balance could include what the Mayor is talking about without any problem. After discussion, the Commission gave direction for Mr. McGloin to go forth with a Master Plan with a consensus that there is public input. In addition,, the Commission agreed to reach the November workshop goals as discussed. Mrs. Archer moved to approve Resolution No. 68-03, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 9.B. CONSENT TO ASSIGNMENT/WASTE MANAGEMENT~ INC.: Consider approval of the Consent to Assignment with Waste Management, Inc. which will acquire the Browning Fen'is Industries, Inc. (BFI) solid waste franchise agreement with the City and approve a five (5) year extension to the term of the agreement. Joe Safford, Finance Director, stated he recommends that the City of Delray Beach assign its franchise agreement to Waste Management and noted the City Attorney has structured a new five year contract effective October 1, 2003 with an option of a five year renewal. Mr. Safford stated everyone should see an increase in the level of service and cleanliness throughout the city. With regard to Mr. Safford's comment about how we should see an increased level of service and cleanliness and if the same workers are going to be used, Mrs. Archer asked how this will be affected. In response, Mr. Safford stated when BFI was taken over by Allied, Allied Waste did not provide BFI with the resources to properly perform their job and Waste Management has the resources to address all of the problems in Delray Beach. The City Manager stated it is the City's opinion that BFI has not assigned adequate equipment to service our needs and when they have equipment that breaks down there appears to be no backup -21- 09/23/03 available. Mayor Perlman asked if Waste Management has agreed to all the terms as hsted in the agreement. Brian Shutt, Assistant City Attorney, stated they have agreed to Amendment No. 1 of the Franchise Agreement. Mayor Perlman expressed concern over potential legal disputes in the future with Waste Management. Mr. Safford stated he feels there is adequate protection in the agreement now for the City with regard to any potential legal issues. Ms. McCarthy asked if this is a better contract that protects the City so that there are not the same loopholes in the contact. In response, Mr. Safford stated there is now legal verbiage in the Franchise Agreement and the Consent to Assignment Agreement with Waste Management. Mr. Safford reiterated he feels there is adequate protection for the City if Waste Management were to litigate against the City. Mayor Perlman stated Waste Management has done a great job for the City in the past and inquired if they are keeping some of BFI's personnel. In response, Mr. Safford stated in the meeting with Waste Management he applauded Sally Stanton as his primary contact person for resolving problems on both sides (i.e. problems with customers and problems with BFI's performance). Mr. Safford sated he has been reassured she will be the primary contact for Waste Management. Mayor Perlman asked if zones and days of pickup are being changed. Mr. Safford stated to his knowledge there is no change in zones and no change in days at this time. Mr. Safford stated this would have to be understood that nothing is going to change in that regard unless they come and negotiate with the City. Ms. McCarthy moved to approve the Consent to Assignment with Waste Management, Inc. and approve a five (5) year extension to the term of the agreement, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.B.1. AMENDMENT NO. 1/SOLID WASTE FRANCHISE AGREEMENT: Consider approval of Amendment No. 1 to the Solid Waste Franchise Agreement between the City and Waste Management, Inc. providing for an extension of the term of the agreement until September 30, 2008 with one five (5) year renewal, indemnity for the City, and additional language to the agreement. Mr. Costin moved to approve Amendment No. 1 to the Solid Waste Franchise Agreement between the City and Waste Management, Inc. providing for an extension of the term of the agreement until September 30, 2008 with one five (5) year renewal, indemnity for the City, and additional language to the agreement, seconded by Mrs. Archer. Mr. Levinson sated he would like to amend the motion to include two changes with regard to the 7:00 a.m. start time under the section of hours of recycling of collections and solid waste collection hours in the agreement. Mr. Lemon stated he would like to see Monday- Friday be residential pickup, Saturday, 7:00 a.m. in multi-family residential or in commercial abutting within 150 feet of residential for both solid waste and recycling. Mr. Levinson stated he would like this clarified so there is no misunderstanding that they are either a single family -22- 09/23/03 residential neighborhood; a commercial neighborhood within 150 yards of a residential neighborhood; or a multifamily neighborhood, and in these three instances pick up would not be before 7:00 a.m. on Saturdays only. Harold Carter, District Manager, stated when the question was first asked of him his initial response was whatever the' Commission wishes he would certainly like to do. In reviewing that, Mr. Carter explained there are some situations that have arisen regarding the appropriate start time. Mr. Carter stated their employees work a sixty hour week and stated the current BFI operation has not been careful with keeping them to an appropriate start time. Mr. Levinson stated many people have expressed concern about the start time being before 7:00 a.m. Ms. McCarthy stated the people who live in multi-family who are within those 150 feet of commercial are complaining about the noise being generated before the 7:00 a.m. start time on Saturdays as well. Mr. Carter stated there are larger issues in other parts of Palm Beach County regarding the verbiage in the contract. Mr. Levinson stated he feels it would be helpful to work with Waste Management on a door hanger program or something printed on the side of their garbage tracks to alert people that there is a new company. Mrs. Archer stated she is opposed to moving the start time to 7:00 a.m. on Saturdays because she feels this is unfair to the workers who work everyday on a repetitive basis and noted the only time they have to go home is Saturday evening and Sunday. Mr. Levinson moved to approve Amendment No. 1 to the Solid Waste Franchise Agreement between the City and Waste Management, Inc. as amended to include the Saturday start time of 7:00 a.m., seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.Co GRANTING OF HISTORIC FACADE ARCHITECTURAL CONTROI, AND REDEVELOPMENT EASEMENT: Consider approval of a historic facade easement to the Community Redevelopment Agency (CRA) in exchange for the CRA granting to the Delray Beach Historical Society $50,000.00 for the renovation of the 1925 Bungalow. Due to a Conflict of Interest, Mayor Perlman stepped down and passed the gavel to Vice Mayor Levinson. Mr. Costin moved to approve granting the facade easement to the CRA in exchange for the CRA granting to the Delray Beach Historical Society $50,000 for the renovation of the 1925 Bungalow, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes. Said motion passed with a 4 to 0 vote. 9.C. 1. AMENDED AND RESTATED LEASE AGREEMENT/CASON COTTAGE: Consider approval of the amended and restated lease agreement for Cason Cottage and the 1925 Historic Bungalow between the City and the Delray Beach Historical Society to incorporate the -23- 09/23/03 Historic Facade Architectural Control and Redevelopment Easement conditions and requirements. Mrs. Archer moved to approve the amended and restated lease agreement for Cason Cottage and the 1925 Historic Bungalow between the City and the Dekay Beach Historical Society to incorporate the Historic Fagade Architectural Control and Redevelopment Easement conditions and requirements, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 9.D. CONTRACT AWARD/ARTHUR J. GALLAGHER: Consider approval of a contract award to various insurance companies as negotiated by our broker, Arthur J. Gallagher, for the City's Property and Casualty Insurance Policies effective October 1, 2003 at the annual premium of $1,267,295.00. At this point, Mayor Perlman returned to the dais. Joe Safford, Finance Director, distributed a revised memo and gave a brief scenario of this item. He stated the City would like to retain ownership of a claim so that we can handle our own claims with our legal staff as opposed to the legal people of the insurance companies. Mr. Safford stated the recommended premiums are $1,158,449 which is less than the current year premiums with a savings of $368,000 from the initial budget that was submitted. Mr. Safford stated staff went through approximately nine companies with different options and different structures. Mr. Safford stated with regard to worker's compensation the market is getting very restrictive. Staff recommends awarding the contract to A.J. Gallagher. Mr. Costin commended Mr. Safford for all his efforts. Mr. Levinson inquired about the terrorist coverage. Lisa Rodriguez, representing Arthur J. Gallagher, stated the coverage that was quoted to the City for terrorism is called TRiA (Terrorist Risk Insurance Act). Mrs. Rodriguez stated it would cover those acts of terrorism that would fall under the Act that are declared by the Federal government as falling as a tree terrorist act as defined by the Act of 2002. Mayor Perlman asked if there is any legislation that would provide a pool for this in the event there was a regional case of terrorism. Mrs. Rodriguez stated that was proposed after the September 11, 2001 terrorism acts and the response by the Federal government was the Terrorism Risk Insurance Act of 2002. Mrs. Rodriguez stated it would be possible that FEMA may be able to respond if there was a terrorism act. Mr. Levinson commented about the pollution and pollution remediation coverage and asked if South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB) would carry any coverage on the transmission line which goes through the City. Mr. Levinson stated it appears to him that would be an area where there would be the greatest exposure on this not necessarily a single pumping station. The City Manager stated staff felt it was expensive and felt the risk of high dollar figure damage occurring was extremely remote and not worth the cost -24- 09~3~3 of the coverage. Mr. Levinson stated approximately 1 ~ years ago there was a spill at the plant into a canal and there were a lot of costs involved. Mr. Levinson expressed concern over the amount of sewage the pipeline carries and that the pipe extends through Lake Ida Road. Therefore, Mr. Levinson stated he would like to see the SCRWTDB carry the coverage. Prior to the vote, Ms. McCarthy echoed comments expressed by Commissioner Levinson. Mr. Costin moved to approve the renewal contract award to various insurance companies as recommended by Arthur J. Gallagher (from the updated memo dated September 23 ) with the d~rect~on to look at the concerns rinsed by Commissioner Levlnson and d~rect staff to look further into the Terrorist Risk Insurance Coverage, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.E. REQUEST TO REDUCE LIENS/ALAN KLASFEI,D: Consider a request from Mr. Alan Klasfeld to waive the interest and administrative fees totaling $3,405.51 assessed for abating nuisances on property located at 204 N.W. 13th Avenue. Mr. Klasfeld is prepared to pay the City's out-of-pocket expenses in the amount of $2,685.75. Staff recommends approval. Ms. McCarthy declared a Conflict of Interest with this item and stepped down. Lula Butler, Director of Community Improvement, stated this is a request from Alan Klasfeld with Real Estate Depot for his property located at 204 N.W. 13th Avenue. Mrs. Butler stated this particular real estate owner has already constructed a new single family home and currently has a contract on it. Mrs. Butler noted a correction in the agenda memo and stated the sale price of the home should read $135,000. Mr. Klasfeld had four contracts on this home and took the lower cost for the affordable unit to accommodate the first time homebuyer. Mrs. Butler stated Mr. Klasfeld has already passed on a savings because the other three contracts were higher than the $135,000 price and he is requesting that the Commission take this into consideration. Mrs. Butler stated Mr. Klasfeld does not want to have to split the benefits of this reduced lien because he has already given 'a reduced :price to 'accommodate the first time homebuyer in this case. Mr. Levinson stated Mr. Klasfeld probably was aware when he purchased the property that these liens existed and feels he should have taken care of these liens at that time. However, Mr. Levinson stated on the other hand he has done what the City has asked people to do which is to not just buy a lot with a tax lien but to build something on it. Mrs. Archer moved to approve the request from Mr. Alan Klasfeld to reduce the amount of liens fi.om $6,091.26 to $2,685.75 on the property addressed at 204 N.W. 13th Avenue with payment to be paid in full within 30 days, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 4 to 0 vote. 9.F. USE OF CITY LOGO/GABRIEL~ ROEDER~ SMITH & COMPANY: Consider a request from Gabriel, Roeder, Smith and Company for the use of the City's logo on -25- 09/23/03 their web page. At this point, Ms. McCarthy returned to the dais. The City Attorney stated the request before the Commission is from Gabriel, Roeder, Smith and Company for the use of the City's logo. Mr. Levinson suggested one condition be anytime the City of Delray Beach logo is used that it be hot linked to the City of Delray Beach website. Secondly, Mr. Levinson stated he feels we should encourage and direct staff to come back with a blanket policy so it does not have to come back to the Commission every time they want to put it on their website. Mrs. Archer stated she would like to be sure that the logo cannot be primed off and utilized in some other area. Mr. Levinson stated he is not concerned with someone stealing the City's logo. However, Mr. Levinson stated he wants people to be able to just click on the logo and hot linked driven to our website. Mayor Perlman stated the Florida League of Cities may have a model policy for this type of thing that the Commission can adopt. Prior to the vote, it was the consensus of the Commission to direct staff to come back with a policy. Mrs. Archer moved to approve the request fi.om Gabriel, Smith and Company for the use of the City of Delray Beach logo on their web page with the caveat that the logo be used as a hot-link to the City's webpage, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Leviuson - Yes; Ms. McCarthy- Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 9.G. SPECIAL EVENT REQUEST/OLD SCHOOL SQUARE CONCERT SERIES: Consider approval of a special event request for the Concert Series sponsored by Old School Square to be held at the pavilion on December 12, 2003, January 30, 2004, February 27, 2004, March 12, 2004, April 9, 2004, and May 7, 2004 from 7:00 p.m. until 11:00 p.m., granting a temporary use permit per LDR Section 2.4.6(H) for the closure ora portion ofN.E. 1st Avenue north of the grass area, and to authorize staff support for traffic control, security, and signage; contingent upon sponsor providing a certificate of insurance, liquor liability insurance, and a hold harmless agreement. Joe Gillie, Executive Director of Old School Square, stated all the events will be fenced in and noted Old School Square staff can remove the fence the evening of December 12th so that the Kids Day at the Tree event would still be able to operate on December 13th. Mr. Gillie stated the event is a contained event at Old School and he understands there is a concern with traffic control. Mr. Gilhe stated this is a first time event and it is possible that there would be 1,000-2,000 attendees. In addition, Mr. Gillie stated his staff would provide the onsite security. -26- 09/23/03 The City Manager stated May 8th and 9th is the Caribbean Festival and if this event relocates to the Tennis Center then these dates will not be a problem. However, the City Manager stated December 12th would be a problem because the City does not have the sufficient staff support to work at the events for three consecutive days. The City Manager expressed concern over the policy being violated for the December 12th date. Mayor Perlman stated there may be some flexibility toward the end of November or beginning of December. Further discussion followed between Mr. Gillie and the Commission. Mr. Gillie stated he would be willing to work with the City regarding the December 12th date to see if there are other alternatives. Mr. Costin moved to approve the special event request for the Concert Series sponsored by Old School Square with the caveat that the December 12th 2003 date be worked out between staff and Mr. Gillie and encourage the Caribbean Festival scheduled for May 7, 2004, to relocate to the Tennis Center; subject to the items outlined in the Assistant City Manager's memorandum as recommendations, and direct staff to consult with the Police Department for traffic control coverage on December 12, 2003, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9,Ho DELRAY BEACH PUBLIC LIBRARY/BOND REFERENDUM REQUEST: Consider a request from the Delray Beach Public Library Association, Inc. to include an additional $1 million in the proposed Parks Bond Referendum for the purchase of library books and equipment for the new library. Mayor Perlman stated this is a request for the Bond Referendum to include an additional $1 million for the purchase of books and equipment for the new library. Mayor Perlman stated the policy question is "Do you want to add library funding to this bond issue?" Mayor Perlman explained the City Manager's recommendation of it not being good fiscal practice to finance books over a 20 year period. Mayor Perlman stated he had the opportunity to speak to Mr. John J. Callahan III, Director of the Delray Beach Library and Mr. John Burke with the Board of Directors for the Library and believes they are amenable to being part of the bond issue for other capital costs that they will incur with the new library. Terry File, representing the Library Board, stated they have raised approximately $6.5 million of which the City has contributed some of this money. The Board is going forward with the ground breaking ceremony in March and stated this project will benefit everyone. Mrs; File stated the Board is asking for further support from the City because this building will be a broad based City building and is for the entire community. -27- 09/23/03 Mrs. Archer stated she does not have a problem with adding this to the Bond Issue because individuals will have the opportunity to vote on it. However, Mrs. Archer stated she does have a problem approving this for a non-capital item although she feels this can be resolved. Mr. Costin stated the City could elicit tremendous support for the Bond Issue fi.om the citizens in the community and he wholeheartedly supports. Mr. Levinson stated he is not in favor of thc Bond Referendum request to include an additional $1 million and it is not because he is not in favor of the library. Mr. Levinson stated the City has committed to the $2.5 million and City has already made a commitment to the library. Mr. Levinson continued to state he cannot support this request because he does not feel the City has afforded the same opportunity to other organizations in the community that we are now about to afford the library. Mr. Lemon stated he is uncomfortable with taking one organization and placing them on the ballot. Ms. McCarthy stated she has always felt the City would get a state of the art library when the Commission was making consideration of how many dollars we were going to contribute. Ms. McCarthy concurs with comments expressed by Mr. Levinson and stated there are other agencies and entities that the City could have coupled with this bond money that have not been approached. Therefore, Ms~ McCarthy stated she is uncomfortable with supporting this request. Mayor Perlman stated this would help sell the bond and supports the request. Mayor Perlman stated the public library is of use to everyone and overall feels the library and Old School Square are both unique and emphasized these are the two groups he will support. Mayor Perlman feels this is a good move but does not think there is a consensus to finance books. Mrs. Archer stated this is a unique situation because the library serves anyone of any age through the entire community and strongly supports the Bond Referendum request. After brief discussion, the Commission agreed that the proposed Parks Bond Referendum should be for capital purchases only therefore excluding the purchase of library books. Mr. Costin moved to approve the request fi.om the Delray Beach Public Library Association, inc. to include an additional $1 million in the proposed Parks Bond Referendum for capital purchases only, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - No. Said motion passed with a 4 to 1 vote. 9.1. REIMBURSEMENT AGREEMENT/VILLAGE FOUNDATION: Consider approval of a reimbursement agreement between the City and MAD DADS of Greater Delray Beach, Inc. d/b/a Village Foundation authorizing a temporary loan in the amount of $43,455.00 for the purchase of a 29 seat bus for various program activities. -28- 09/23/03 Lula Butler, Director of Community Improvement, stated this is a request from the Board of Directors for the Village Foundation in the amount of $43,455.00 to purchase a 29 seat passenger bus for various program activities. Mrs. Butler requested that the City provide a temporary loan for sixty (60) days while staff meets its compliance issues of the contract with Children Service Council (CSC) and then they will reimburse the City. Joe Gray, Interim Director of the Greater Delray Beach, Inc. d/b/a Village Foundation, stated the agency did try several other courses for procuring the bus however it was not possible to do so. For clarification, Mrs. Archer stated this is about approval of a reimbursable loan with the Village Foundation in the amount of $43,455 payable in sixty (60) days. Mrs. Archer moved to approve the reimbursement agreement between the City and MAD DADS of Greater De[ray Beach, Inc. d/b/a Village Foundation authorizing a temporary loan in the amotmt of $43,455.00 for the purchase of a 29 seat bus for various program activities, seconded by Ms. McCarthy. Mr. Levinson stated he wished to amend the motion to include that a lien be filed at the purchase of the loan on the vehicle which would be satisfied at the time of repayment, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Peflman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. CITY ATTORNEY EVALUATION The City Commission briefly commented on the City Attorney's performance evaluation for the past year. Mr. Levinson moved to approve a five percent (5%) performance increase for the City Attorney, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.K. CITY MANAGER EVALUATION The City Commission briefly commented on the City Manager's performance evaluation for the past year. Mr. Costin 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: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 9.L. COUNTY-WIDE LEVEL OF SERVICES/FIRE/RESCUE: Consider approval of a proposed agreement for coordinated opposition to Palm Beach County's proposed ordinance mandating county-wide fire/rescue and dispatch service standards. -29- 09~3~3 The City Attorney stated this would enable the City of Delray Beach to work with Boca Raton as a lead agency and also other cities such as Boynton Beach, Lake Worth, and West Palm Beach so that if we need to challenge the proposed ordinance mandating county-wide fire/rescue and dispatch service standards then we could pool our resources and have Boca Raton be the lead agency on the case. Mayor Perlman stated he feels this is a "home rule" issue and there are a lot of things that he is uncomfortable with. Mayor Perlman stated the City Manager has spent many hours working with other City Manager's throughout the County and elected officials through the League of Cities. Mayor Perlman stated he has talked to Jamie Titcomb and has had various conversations with County Commissioners with regard to this issue. Mayor Perlman stated he hopes we find a way to work through the issues and cover the concerns that the County has without a referendum. Mr. Costin asked what the position is of the local league of cities. Mayor Perlman stated the local league is very much opposed to this proposal. Mrs. Archer stated she feels it is important as municipalities to show that we are indeed in support ofthis agreement. Mayor Perlman stated we have customized our fire/rescue and dispatch services and invested money and staff where necessary. He feels the City of Dekay Beach is going to make additional investments in terms of the Chief requesting more firefighters. Mr. Levinson stated the City of Delray Beach has strategically located fire stations and he feels the County should have incorporated more cities. Mayor Perlman stated he hopes they will hold off on the referendum so that the_~ will have the opportun/ty to negotiate and commented he believes the vote will be October 23'~. Mayor Perlman stated County firefighters are very much in favor of this and County Commissioners are very regional in their approach. Mr. Costin moved to approve the agreement for coordinated opposition to Palm Beach County's proposed ordinance mandating county-wide fire/rescue and dispatch service standards, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 12, First Readings. FIRST READINGS: 12.A. ORDINANCE NO. 39-03: An ordinance amending Chapter 101, "Parks, Beaches and Recreation" of the City Code of Ordinances by amending Sections 101.15, 101.24 and 101.34 to prohibit the use of powered paragliders, as well as hang-gliders and kite boards within three hundred feet ora municipal beach site. If passed, a public hearing will be scheduled -30- 09/23/03 for October 7, 2003. The caption of Ordinance No. 39-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 101 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, "PARKS, BEACHES AND RECREATION", BY AMENDING SECTION 101.15, "DEFINITIONS", PROVIDING A DEFINITION OF "MOTOR VEHICLE" AND A DEFINITION OF "VEHICLE", AMENDING SECTION 101.24, "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 VEHICLES ON THE MUNICIPAL BEACH SITE; AMENDING SECTION 101.34, "SURFING, SCUBA DIVING AND JET SKIS", IN ORDER TO PROVIDE FOR THE SAFETY OF CITIZENS AND TOURISTS ENJOYING THE CITY OF DELRAY BEACH'S MUNICIPAL BEACH BY PROHIBITING KITEBOARDING AND PARASAILING ON THE MUNICIPAL BEACH SITE AND PROHIBITING KITE-FLYING AND WINDSURFING EXCEPT IN DESIGNATED AREAS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 39-03 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mayor Perlman stepped down and passed the gavel to Vice Mayor Levinson. The City Attorney noted a change to the ordinance and stated after the word three hundred feet (300') additional language should be added to include the following words: "north, south or east". Mrs. Archer stated this does not affect similar maintenance vehicles. The City Attorney explained there is an exception provided in the ordinance for these types of vehicles. Mr. Levinson inquired if everyone is comfortable with the various terms that are used. Ten-ill Pybum, Assistant City Attorney, stated to her knowledge City staff is comfortable with the ordinance and she has met with various kite boarders and para-gliders as well as the Beach Property Owner's Association (BPOA). -31- 09/23/03 Mr. Cosfm moved to approve Ordinance No. 39-03 as amended on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 12.B. ORDINANCE NO. 37-03: An ordinance amend'mg the Land Development Regulations, Section 4.3.3(S), "Telecommunication Towers and Antennas", to reflect recent state law changes. Ifpassed, apublie hearing will be scheduled for October 7, 2003. The caption of Ordinance No. 37-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, AMENDING CHAPTER FOUR, "ZONING REGULATIONS", BY AMENDING SECTION. 4.3.3(S), ''TELECOMMUNICATION TOWERS AND ANTENNAS", IN ORDER TO PROVIDE AN UPDATED ORDINANCE IN ACCORDANCE WITH NEW STATE LAWS REGARDING TELECOMMUNICATIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 37-03 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Costin moved to approve Ordinance No. 37-03 on FIRST Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 12.C: ORDINANCE NO. 34-03: An ordinance enacting Chapter 73, "Vehicle Impoundment", to the City Code of Ordinances to provide for administrative penalties for vehicle impoundment. If passed, a public hearing will be scheduled for October 7, 2003. The caption of Ordinance No. 34-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ENACTING CHAPTER 73, "IMPOUNDMENT", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING SECTION 73.01, "VEHICLE IMPOUNDMENT", SECTION 73.02, RETURN OF VEHICLE PRIOR TO ADMINISTRATIVE HEARING," SECTION 73.03, "HEARINGS; ADMINISTRATIVE PENALTY," SECTION 73.04, "ADMINISTRATIVE PENALTY; COSTS," SECTION 73.05, -32- 09/23/03 "RETURN OF THE VEHICLE PRIOR TO ADMINISTRATIVE HEARING," SECTION 73.06, "APPEAL," SECTION 73.07, "UNCLABV[ED VEHICLES", PROVIDING FOR IMPOUNDMENT OF MOTOR VEHICLES UTILIZED IN VIOLATION OF STATE LAWS AND PROCEDURES REGARDING SAME AND SECTION 73.08, "ADMINISTRATIVE FEES", PROVIDING FOR PAYMENT TO POLICE DEPARTMENT LAW ENFORCEMENT TRUST FUND; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 34-03 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Costin moved to approve Ordinance No. 34-03 on FIRST Reading, seconded by Ms. McCaffiay. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed witha 5 to 0 vote. 12.D. ORDINANCE NO. 33-03: An ordinance amending Chapter 71, "Parking Regulations" of the City Code of Ordinances by repealing Sections 71.070 - 71.073 and enacting new Sections 73.15 - 73.18, to provide clarification for the impoundment of unattended/abandoned vehicles. If passed, a public hearing will be scheduled for October 7, 2003. The caption of Ordinance No. 33-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71, "PARKING REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BECH, FLORIDA, BY REPEALING SECTIONS 71.070 THROUGH 71.073 IN THEIR ENTIRETY AND ENACTING A NEW SECTION 73.15, "WHEN IMPOUNDMENT AUTHORIZED FOR UNATTENDED/ABANDONED VEHICLES", TO PROVIDE CLARIFICATION AS TO WHEN IMPOUNDMENT IS AUTHORIZED FOR UNATTENDED, ABANDONED VEHICLES; ENACTING A NEW SECTION 73.16, "NOTICE OF IMPOUNDMENT," TO PROVIDE FOR NOTICE OF IMPOUNDMENT OF UNATTENDED/ABANDONED VEHICLES; ENACTING A NEW SECTION 73.17, "RELEASE OF IMPOUNDED VEHICLE," PROVIDING FOR RELEASE OF IMPOUNDED VEHICLE," ENACTING A NEW SECTION 73.18, "SALE OF IMPOUNDED VEHICLE," PROVIDING FOR SALE OF IMPOUNDED VEHICLE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN -33- 09/23/03 EFFECTIVE DATE. (The official copy of Ordinance No. 33-03 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mrs. Archer moved to approve Ordinance No. 33-03 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 13__: COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. Citv Manaeer. The City Manager thanked the Commission for their continued support and confidence with regard to his annual performance evaluation. The City Manager stated with regard to the Budget, he received a new Exhibit "A" today which shows the additional savings and insurance going into Reserves. The City Manager stated what he intends to propose is there are still a number of Police cars to buy to finish out the City's "Take Home Car Program" and it will be a source of funds for this program. With regard to Commissioner Archer's concern about the fencing around the Atlantic High School construction site particularly the eastern access to the Temple Sinai parking lot, the City Manager stated for security, public safety and construction management reasons, the contractor routinely erects fencing around construction sites. The City Manager stated entire properties have been secured in this manner with access gates located at strategic points; one of those gated points is at the easterly driveway access to the Temple Sinai parking lot. The contractor has coordinated with the Temple Sinai staff and allows the opening of the gates at that point as needed by the Temple. The City Manager stated in conversations with the Temple Sinai staff, they have expressed the intention of ultimately getting all access points to their parking lot including the primary access for Coral Trace Boulevard to control traffic through the area. The City Manager stated because of the pro-active coordination by the contractor ruling that the site security fencing has not become an issue insofar as it impacts the Temple Sinai access. With regard to Commissioner Levinson's concem about handbills being left on vehicles, the City Manager stated the City Attorney has drafted a letter and those have been sent to the parties who distribute the handbills. The City Manager stated staff will follow up with some personal contacts and monitor the downtown area over the next few months to minimize their activity. The City Manager stated he traveled to Orlando last night to attend a class this morning on how to learn how to use the priority management systems on the computer. The City Manager stated he has used the priority management systems for approximately fifteen years and wanted to learn it on the computer. -34- 09/23/03 13.B. City Attorney. The City Attorney thanked the Commission for the positive comments with regard to her annual performance evaluation. 13.C. City Commission. 13.C.1. Commissioner Archer Commissioner Archer had no comments or inquiries on non-agenda items. 13.C.2. Commissioner McCarthy Commissioner McCarthy had no comments or inquiries on non-agenda items. 13.C.3. Commissioner Levinson Commissioner Levinson had no comments or inquiries on non-agenda items. 13.C.4. Mayor Perlman Mayor Perlman stated the Commission should get their "wish list" together for the State legislature. Mayor Perlman stated he talked to the City Manager about coordinating the City's legislative issues soon and communicate this with Kathy Daley and the delegation. Mayor Perlman also suggested that this item be placed on the next Workshop agenda. Secondly, Mayor Perlman stated he received a letter from Mayor Romano of Lake Worth asking for per capita donations to relieve the people who were impacted by the Tornado in Riviera Beach. Mayor Perlman stated the donation is ten cents per capita and suggested this item be aced on the next Workshop agenda. ~ ,,: -, Mayor Perlman stated the United Way is leading a local campaign {t3 h~ll~ipeople who are qualified to receive the earned income tax credit. Mayor Perlman stated the United Way would like to set up a tax preparation facility somewhere in the community. Mayor Perlman stated 63 percent of the filers in Delray Beach were eligible for this and it is estimated approximately $2 million could come back to Delray Beach if people would take advantage of this program. Mayor Perlman stated he traveled to Orlando a few weeks ago for a Florida League of Cities legislative matters and he was in a task force on criminal justice and there was discussion regarding Article V. Mayor Perlman stated the Florida League of Cities is requesting that the City of Delray Beach compile statistics with regard to a law which will require if the City of Delray Beach has to go to court to pay a $200 fee to file a "Notice to Appear". The Florida League of Cities is requesting the City of Delray Beach to compile this information so -35- 09/23/03 that they have real financial numbers. Mayor Perlman asked the City Manager to direct the Police Chief to obtain this information because he feels it would be very helpful. Mayor Perlman stated he is hearing many questions and concerns regarding the Cultural Loop in particular what the expectations are of the City in terms of infrastructure and repairs to sidewalks, etc. Mayor Perlman suggested for staff to contact organizers of the Cultural Loop to find out what their expectations of us are financially. The City Manager stated staff has discussed the list and noted there are other priorities which take precedent therefore this cannot be done right away. The City Manager stated they may need to modify their loop initially and give City staff a year or two to do some of these things. Mr. Costin stated there needs to be a defined course of action with regard to this program. Ms. McCarthy stated she has been trying to fund things in the Capital Improvement Budget for the next fiscal year that actually matches up with the Cultural Loop. Ms. McCarthy stated she will need some additional help from the City Manager with this comparison because there were some things discussed that were going to impact the northwest and southwest area. Mr. Costin suggested the City Manager contact the people who are involved with the Cultural Loop and request a plan fi.om them so that the Commission can accordingly base its projects needs. There being no further business, Mayor Perlman declared the meeting adjourned at 9:45 p.m. City Clerk ATTEST: 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 23, 2003, which Minutes were formally approved and adopted by the City Commission on October 7, 2003 City Clerk -36- 09/23/03 NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. -37- 09/23/03 'i "' 'FORM 8B MEMORANDUM' OF VOTING cONFLIcT' FOR · coUNTY, MUNICIPAL,'AND OTHER LOCAL pUBLIC OFFICERS Pe~lmqn, Jeffrey L. I' Delray Beach, Florida 3344~-,'i.' Palm Beach o~'w,~::~ 'vc,~-,OCCU~ 9/23/20,~3,~. , WHO MUST PiLEFORM 8B Thls.ferm IS for uee by any ~ ~ ~ttba monty, city, Or o~her local Mvel Of go,~mme~ on an appototed m- elco. tedbnard. commiasio~ authority, or committee. It applies equafly to members of advtso~, and non-~lvtsu~y bediee who am presented with a voting co.lint of interest under Sectio~ 112.3143, Flodda Statutes. Ymlr ras~s under the law whom faced wtih w~ng on a measure in whk:h yo~ have a.coMict of k'4erest'~U very~gmatly dePending whether yo~ hold'an elective or appokflive position. For this reason, please pay close attention to the inetmc~o~s off this fomt before compteling the reverse side ami ~ing the ton~. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA S~ATUTES A per.on hokJing elective or appointive county, munictpal.rm' Oth~a' focal public ~ MUST ,ABSTAJN from ~rtg on a measure Im.'res to his Or her special private gain or toss. Each ejected or apPointed'local ~ -_1~o_ is pl~'b#ed from ~ ve6hg on a mea- sure which inures to the special gain or loss of a principal (other than a govemmen{ ager~y) by whom he or she la retained (incJuding the parent organization or subsidiarY of a corporate principal by which he or she la retained); to the spectal p~ate gain Or k:~s of a relative; or to the special private gait! er loss of a business associate. Commissioners Of ~ommunity redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers o~ independent special tax districts elected on a ene..;mom, o~e-vete basis em not pmhinited from voting in that 'FOr pefTX~as of this law, a 'relative" includes only the officer's father, mother, son. daughter, husband, wife. brother, sister, father-in4aw, mother-lnJaw. son-in-law, and daughter-in-law. A "business associate' means any person Or entity engaged in or cerry~ng on a business enterprise with the officer as s partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation ore not listed on any national or regional stock exchange). ELECTED OFFICERS: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nalum of your .interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and ~ing this fofra with the parson responsible for recmding the men- APPOINTED OFFICERS: by y~u.or at ~mur direction. ' IF YO~.I iNTEND TO MAKE ANY A; ~ ,-MPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHI'CHTHE vOTE WII~ BE TAKEN: - You tttust complete and file this form (before making any attempt to influence the decision) with Itte peyotl raspo~s~la ~ recording the minutes of the meeting, who willincoq:mrate the form in the minutes. (Continued on other, side) CE FORM 6B - EFF. 1/2000 PAGE APPOINTED OFFICERS (=onti~uc~d) The form m~st be read publicly~bt the ne~ niee~g alter{he fora1 Is Cdecl. IF YOU.MAKE NO 'ATTEMPT TO' ~'tNFI~IENC. E. THE'OI~C~IO~ t;~XCEPT BY DI$C~JSSION AT THE MEETING: DISCLOSURE OF LOCAL OFRCER~S INTEREST I. Jeffrey .[,. Perl~n ..... hemby_..~m~c~, thaton. September 2~, ~3 : (.) A ~ ~ ~f~ ~~ ~) X ....... ": ~"~ ~' ',' D~ Co' ' ~ Diane Colonaa, ~ ~tfe', !s ~ttec~o~.of the C~ntcy Redeve~o~nC ~e~dy (C~). [ have a: conflict voting on .tta~ cha~ fll~ectly affect ~he Co~unt~y Reflevelo~e~C ~ency. ' ~ I CONSTITUTES GROUNDS F~tR A~b"MA~' BE ~UNisH~D BY ONE bR M6RE OF T~' FOLLoWinG: i~p~~. REMOV~ OR SUSPENSION FROM OFFICE OR EMPLOyME~. DEMOTION, ~DUCTION IN S~Y. ~pR~NO. 0R A QVILPE~ NOT TO ~CEED$10:~' = FORM .. MEMORANDUM.OE VOTING CONFLICT FOR COUNTY, i UNI 'IPAI:' AND OTHEE LOCAL PUBLIC OFFICERS r WHO MUST FILE FORM 8B This fern is for use bY any pers<m sewi~l at the connty, clty,.or other local level of govammeot o~ an appointed or elected Ix~'d, connci{. commts~inn, authority, or committso. It appties equal~ to members of advisory and no~advisery bodies who am presented with a young conflict of interest'under Section 112.3143. Flodda Statutes. Your responsibi~ties under' the taw whert faced ~ v~ing on a measure in which you have a conflict of interest Will vary greatly depending Ont whether you hold an elective or appointive position, For this mason, p~ease pay cio~e attemio~ to the inslructions On this form before comptatthg the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE Wn'H SECTION t12.3143, FLORIDA:STATUTES A person holding biec~ve or appointive county, mun[cipal~ or othor Ionat publio office MUST A~STAIN from voting on a measure which inures to h~s or her special private gain or loss. Each elec{ed Or appointed local officer also is prohibited from knowingly voting on a mee- ~tre which inures to the special gain or lOSS o~ a pdn~pst (0the~' than a gavemmeot agency) by whom he or she is retained (including the ~. ;.~t organization or subsid!ary of e c°rPorat~ prlr~cipel by wbi¢h he or she is retained); to the special private gain or toss of a relative; or 4o the special private gain or 10ss of a business associate. Commissioners Of community redevelopment agencies under Sec. 163.356 or 163,357, F.S.. and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that For Porlx~es of this law. s "relative' inoludes only the officer's father, mOther, son. daughter, husband, wife, brother, sister, father-in-law, mother-th-law, son:in-law, and daughter-in-law. A 'business associate' means any person or entity engages in or can~ing on a business enterprise with the officei' as a partner, joint venturer, coowner of property, or corporete shareholder (where the shares of the corporation are not listed on any national or regional stoc~ exchange). ELECTED OFFICERS: Ir~ add~ to abstaining from voting in the sltuatians described above, you must discuss the conflict: PRIOR TO THE VOTE BEING TAKEN by pubiiciy stating to the assembly the nature of your interest in the measure on which you are abstatning from voting; and WITHIN 16 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsibie for recording the min- utes of the meeting, who should inceflx3mta the form in the minutes. · APPOINTED OFFICERS: Althou~ yoU..mu~ abetath from vo~g lnb~e slttm~ns deseitbsd above, you othenvise may porticipete in these matters. However, you must disctose the nature of the conflict before making, any attempt to influenco the decision, whether erally or in writing and whether made bY you or at your directiOn. F YOU INTENO TO MAKE ANY A't t'F.~,IPT TO'INFLUENCE THE DECISION PRIOR TO THE MEETINGATW~[CH THE'VOTE WIU~ FAKEN: · You must complate and file this fo~n (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE 1 APPO1NTED*OFFICER~ (c~ntin'U~d) The form must t:te read publicty :at the ~-meeitn~ afteY Ihe fora1 ~ rded. IF YOU MAI(E NO ATTEMPT TO iNFLUENCE T~ I~ECE}ION'EXCEPT BY DISCUSSION AT THE MEETING: · You _must dls~J~e'Omlly the nakire ofy~i~ con~t in the mea$i~'e before i~rtlctpating~ · Y~u m4~-1 complete the f~m and file it ~ 15days after ff~e .v~.® o~cum with the i~ers~n ~eapOnsible for re~ ~e ~i~te~ t~f ihe 0~e6ng. who mu~ !ncofporate the f0~m.l~the minutes. A'copy of ~e form musl be ixovided immediately to the other membem of agency, and ~e .form must be read Publi<~y at the next meeting after the form ts filed. ~ DISCLOSURE OF-LOCAL OFFICER,S INTEREST ('a)~A measure Came or will come bef~e my~gency which (check One) Inured to my special pdvate gain o~ .l~redto_tl~e~ spectalgalnortoSse~mybuslnessassOciate,., ,. , -,:-.~ .. . .... , , inured tothe special gala or loss of my relative, whom I am retalne~; e¢ is, tim parent organizatk~ er subsiclimy~of a~pdn~M which'has retained me. (b~)'The* m~asum before my agency a~l'lhe nat~-e:0f m~ co~tflicfing in~i~:e~t in t~e m~asure~s as follows: