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10-07-03OCTOBER 7~ 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, October 7, 2003. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Bob Costin Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Terrill Pyburn, Assistant City Attorney Brian Shutt, Assistant City Attorney Chevelle Nubin, Deputy City Clerk 2_ The opening VaDor. prayer was delivered by Rabbi Silver with Congregation L'Dor o The Pledge of Allegiance to the flag of the United States of America was given. o AGENDA APPROVAL. Mayor Perlman requested Item 8.L.1. Award of Bids and Contracts be removed from the agenda. Mr. Levinson requested Item 9.J., Downtown Master Plan Implementation Committee be postponed to the next regular meeting. Mrs. Archer requested the Consent Agenda be moved before the Proclamations because she will be leaving the meeting early this evening. Mr. Levinson moved to approve the agenda as amended, 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. 5. APPROVAL OF MINUTES: Mrs. Archer noted a correction on page 23 of the Minutes of the Regular Meeting of September 23, 2003 and stated it should read "Saturday evening and Sunday." Mrs. Archer moved to approve the Minutes of the Regular Meeting of September 23, 2003 as corrected, 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. At this point, the Commission moved to the Consent Agenda. go CONSENT AGENDA: City Manager Recommends Approval. 8.A. REQUEST FOR SIDEWALK DEFERRAL/924 SEAGATE DRIVE: Approve a request to defer the installation of a sidewalk in front of 924 Seagate Drive. Staff recommends approval. 8.B. RESOLUTION NO. 69-03: Approve Resolution No. 69-03 assessing costs for abatement action required for the emergency board-up of an unsafe structure located at 709 S.W. 2nd Terrace. The caption of Resolution No. 69-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (The official copy of Resolution No. 69-03 is on file in the City Clerk's office.) 8.C. RESOLUTION NO. 70-03: Approve Resolution No. 70-03 assessing costs for abatement action required to remove nuisances on seven (7) properties throughout the City. The caption of Resolution No. 70-03 is as follows: -2- 10/07/03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 70-03 is on file in the City Clerk's office.) 8.D. RESOLUTION NO. 71-03: Approve Resolution No. 71-03 amending the adopted Resolution No. 34-89 to include student production projects as part of the One-Stop Permitting Process with the Palm Beach County Film & Television Commission. The caption of Resolution No. 71-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ENDORSING THE CONCEPT OF A "ONE-STOP PERMIT" PROGRAM FOR MOTION PICTURE AND TELEVISION PRODUCTION FOR COMMERCIAL PRODUCTION AND STUDENT PRODUCTION PROJECTS WITHIN THE CITY OF DELRAY BEACH, TO BE ISSUED BY THE PALM BEACH COUNTY FILM LIAISON OFFICE OF THE TOURIST DEVELOPMENT COUNCIL; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 71-03 is on file in the City Clerk's office.) 8.E. FUNDING AGREEMENT/CHILDREN'S SERVICES COUNCIL: Approve a funding agreement between the City of Delray Beach and Children's Services Council (CSC) in the amount of $275,215.00 for the City's out of school program, day camps, and summer camp programs. 8.F. COMMUNITY DEVELOPMENT RECIPIENT FUNDING AGREEMENT/AVDA: -3- BLOCK GRANT (CDBG) SUB- Approve and authorize the execution of a 10/07/03 sub-recipient funding agreement with Aid to Victims of Domestic Abuse (AVDA) in the amount of $50,000.00 under the Community Development Block Grant (CDBG) program for FY 2002- 2003. Funding is available from 118-1965-554-83.01 (CDBG/Miscellaneous Expense/Other Grants and Aid). 8.G. AGREEMENT FOR LOBBYING SERVICES/KATHLEEN E. DALEY: Approve an agreement for consultant/lobbying services between the City and Kathleen E. Daley and Associates, Inc. in the amount of $48,000.00 for the period October 1, 2003 through September 30, 2004. Funding is available from 001-1111-511-34.90 (General Fund/Other Contractual Services). 8.H. SUB-CONTRACT FUNDING AGREEMENT/VILLAGE FOUNDATION: Approve and authorize the execution of a contract between the City and Village Foundation for a total dollar amount not to exceed $162,637.00 for the provision of community-based substance abuse prevention services. The City will act as the fiscal agent for the 2003-2004 Florida Department of Children & Families (DCF), Alcohol, Drug Abuse & Mental Health Program Office Grant Award. 8.1. 2003 LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG): Approve acceptance of the 2003 Local Law Enforcement Block Grant in the amount of $121,447.00 with a City match in the amount of $13,494.00 for a total amount of $134,941.00. Funding is available from 115-2128-521-various (2003 Local Law Enforcement Block Grant). 8.J. CLOSEOUT/FINAL PAYMENT/TOTAL GOLF CONSTRUCTION, INC.: Approve final payment in the amount of $108,577.35 to Total Golf Construction, Inc. for the completion of the Municipal Golf Course Greens Replacement project. Funding is available from #441-5181-536-63.90 (Water/Sewer Fund/Other Improvements). 8.K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period September 22, 2003 through October 3, 2003. 8.L. AWARD OF BIDS AND CONTRACTS: THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. Purchase award to Odum's Sod, Inc. in the amount of $16,038.00 for the purchase, delivery and installation of sod at the Delray Beach Cemetery. Funding is available from 334-6111-519-49.90 (General Construction Fund/Other Current Charges/Obligations - FY 2003). Contract award to Ranger Construction - South in the amount of $78,835.50 for the 2003 resurfacing project. Funding is available from 334-3162-541-61.17 (Street Reconstruction). Lease award to Xerox Corporation in the total amount of $20,387.16 over a three (3) year term via the Putnam County Copier Contract #071736300 for the lease of a Xerox WCP65 Digital Copier for the Police Department. -4- 10/07/03 Funding is available from 001-2113-521-44.30 (Equipment Rental/Lease). Mrs. Archer moved to approve the Consent Agenda as amended, seconded by Mr. Costin. 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. o PROCLAMATIONS: 6oAo Put the Brakes on Fatalities Day - October 10~ 2003 Mayor Perlman presented a proclamation hereby recognizing October 10, 2003 as Put the Brakes on Fatalities Day. 6ogo Florida City Government Week- October 19~ 2003 - October 25~ 2003 Mayor Perlman read a proclamation hereby proclaiming the week of October 19 through October 25, 2003 as Florida City Government Week in the City of Delray Beach, Florida. Nancy King, Staff Assistant/Publications Editor came forward to accept the proclamation and stated a group of students from Plumosa Elementary School will be coming to City Hall on October 20, 2003 to shadow 23 City employees for the eleventh consecutive year. 6oCo National Epilepsy Awareness Month - November 2003 Mayor Perlman presented a proclamation hereby recognizing November 2003 as National Epilepsy Awareness Month. ° PRESENTATIONS: 7.A. RESOLUTION NO. 65-03: Recognizing and Commending Robert Jolley for 30 years of dedicated service to the City of Delray Beach. The caption of Resolution No. 65-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING ROBERT JOLLEY FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. (The copy of Resolution No. 65-03 is on file in the City Clerk's office.) Mr. Costin moved to approve Resolution No. 65-03, seconded by Mr. Levinson. 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. -5- 10/07/03 Mayor Perlman read and presented a resolution and plaque to Robert Jolley for thirty years of dedicated service to the City of Delray Beach. Robert Jolley came forward to accept both the resolution and plaque. 7.B. "Spotlight on Education" - Dr. lan Saltzmam Principal of Carver Middle School and lan Plosker~ President of the Delra¥ Beach Youth Council Janet Meeks, Education Coordinator, stated staff has a new initiative as part of "Unity in the Community" month for October called "Spotlight on Education". Dr. Ian Saltzman, Principal of Carver Middle School, stated Carver has approximately 1,400 students and as a result of the FCAT scores went from a "C" school to a "B" school. Dr. Saltzman gave a brief presentation with regard to the demographic change at Carver Middle School and stated Carver had the highest gains last year of any middle school in reading. Dr. Saltzman stated people need to encourage reading throughout the community because reading is the key to survival. Dr. Saltzman stated every classroom has a classroom library and thanked the community for their contributions. Dr. Saltzman stated this is the third year the school has provided tutoring and commented this is a title one school. Dr. Saltzman stated he is very proud of his faculty and is very pleased with the success of the school. lan Plosker, President of the Delray Beach Youth Council, stated this is the ninth year for the Delray Beach Youth Council and their goal is to involve the youth and give them a voice in issues that affect them. Mr. Plosker stated they continue to do this through community service, by volunteering at the Caring Kitchen, participating in events such as "Paint up Delray" and the Garlic Festival. The Youth Council also plans and co-sponsors the School Showcase of the Arts and now teens have the "505" Teen Center which gives teens a safe place to go to interact. Mr. Plosker stated because of the "505" Teen Center the number of opportunities for youth to become involved in the community have increased tremendously. Mr. Plosker stated one goal of the Youth Council is to hold a Youth Forum to get input from the youth of the community and another goal is to recruit new members to become future leaders. Mr. Plosker thanked the Commission for their support and invited everyone to visit the "505" Teen Center. Mayor Perlman stated Dr. Saltzman is a wonderful Principal and Delray Beach is very fortunate to have such a dynamic leader. In addition, Mayor Perlman stated the Commission will take Mr. Plosker up on the offer to visit the "505" Teen Center. At this point, the time being 6:45 p.m., Mrs. Archer left the meeting. o REGULAR AGENDA: 9.A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/BORTON MOTORS: Consider an appeal of the Site Plan Review and Appearance Board's action regarding a site plan modification request for Borton Motors, located on the east side of North Federal Highway, south of Gulfstream Boulevard. (Quasi-Judicial Hearing) -6- 10/07/03 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. The Deputy City Clerk swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte communications. Mr. Levinson stated he had a conversation with Loren Sheffer this afternoon. No other ex parte communications were disclosed. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file 2003-224 into the record. On July 9, 2003, the Site Plan Review and Appearance Board (SPRAB) considered a Class II! site plan modification, landscape plan and architectural elevations for the expansion to the Borton Motors dealership. Mr. Dorling stated at that time the Board expressed some concerns with respect to the metal building and they tabled the elevations and approved both the landscape plan and the site plan. At its meeting of August 13, 2003, SPRAB reconsidered the elevations associated with the Class II! site plan modification. The Board expressed concerns with the use of the metal building. After a lengthy discussion, the Board denied the architectural elevations associated with the new get-ready building. The applicant is appealing this decision. Mr. Dorling stated the Board felt positive findings with respect to LDR Section 4.6.18(B)(14) Criteria for Board Action, could not be made and more specifically that they did not meet (a), (b), and (c) as contained on page one and two in the Site Plan Review and Appearance Board memorandum report. On August 28, 2003, the Site Plan Review and Appearance Board action was appealed by Roger Saberson, attorney for the applicant, based upon the fact that they feel it is inconsistent with the LDR's and that it is contrary to the weight of the evidence presented at the meeting of August 13, 2003. Staff recommends that the Commission overturn the Site Plan Review and Appearance Board's decision of denial and approve the elevations for Borton Motors, based upon positive findings with respect to Section 4.6.18(B)(4) of the LDR's subject to the following three conditions listed on page two of the City Commission documentation. Roger Saberson, 70 S.E. 4th Avenue (Attorney representing the applicant), stated the subject request is for a Class II! site plan modification for the get-ready building of 3,596 square feet. Mr. Saberson stated at the SPRAB meeting the primary discussion was the fact that this was a metal building. Mr. Saberson stated one of the things he believes is a major consideration is the fact that this building is actually 400 feet from Federal Highway and is located behind the used car showroom building. Mr. Saberson stated the building will probably not be visible at all from Federal Highway unless someone is intentionally looking for it. Mr. Saberson stated both staff and the CRA recommend approval of the request to overturn SPRAB's decision. Mark Marsh, 124 N.E. 5th Avenue, Delray Beach (Architect with Digby, Bridges, Marsh & Associates), stated because the facility is a car wash and get-ready detailing, this type -7- 10/07/03 of building is appropriate for the use. Mr. Marsh presented pictures of the Swap Shop, Delray Cycle, and the Jenning's building and stated the proposal is for an open building with one area contained for a car washing machine. He also noted the building is metal (soft white to match the rest of the facility) with an awning. Mr. Marsh strongly feels this building is compatible not only in use but also with what has been allowed in the neighborhood. Loren Sheffer, 4128 Frances Drive, Delray Beach, owner, stated there are currently metal buildings surrounding his proposed building and it is approximately 400 feet off Federal Highway protected from sight by landscaping and signage. Mayor Perlman stated anyone from the public who would like to address the Commission regarding the appeal, to come forward at this time. Jason Bianchini, 2576 Avenue Au Solei, Gulf Stream, stated he lives directly behind the Volkswagen dealership and although he does not have a problem with the appearance of facility he expressed concern over the noise. Mr. Bianchini stated every time a new structure or building is constructed it has an impact on the community. Mr. Bianchini stated as of today, his family has been awakened almost every night from deliveries being made at the Volkswagen dealership. Mr. Bianchini asked what is going to be done in the future and if there are any measures that the City of Delray Beach can take to insure the quality of life in his neighborhood. Gary Eliopoulos, Chairman of SPRAB, stated at SPRAB's meeting was more of the public coming forward and speaking with regard to the noise. With regard to the building being metal, Mr. Eliopoulos feels this building is probably more appropriate then we have seen in the past, however, it was more so that the building abuts a residential area. Roger Saberson stated Mr. Sheffer is doing everything possible to be a good neighbor and SPRAB as well with regard to the conditions of approval limiting the hours of operation for the building from 7:00 a.m. to 9:00 p.m. and also required that all compressors and equipment be located within the interior of the building. Mr. Saberson stated the real issue is not a matter of approving or denying a use but instead is only a building and what the use is going to be within the building. Mr. Saberson stated this is a premier dealership in Delray and a natural consequence of being a successful quality dealership is there will be additional buildings and expansion. Mr. Saberson stated they will be operating to the greatest extent that they can to be a good neighbor. Mr. Levinson stated SPRAB should focus on the aesthetics of the building rather than on the fact of whether it is or is not a metal building. Prior to the vote, Mayor Perlman asked if Mr. Sheffer is working with the neighbors nearby to mitigate some situations. Mr. Sheffer stated he has tried very hard by turning off the compressors and the vehicles that Mr. Bianchini is talking about come from independent truckers. Mr. Sheffer stated he shares similar concerns as Mr. Bianchini with regard to the truckers and does not want them on his property either. Mr. Levinson moved to approve the appeal subject to the three conditions: (1) that the support posts for the awning be indicated on the site and elevation plans; (2) that the -8- 10/07/03 support poles for the awning match the color of the awning; and (3) that the elevations be revised to correctly indicate the type of landscape material proposed, based upon actual findings made today with respect to Section 4.6.18(B)(14), seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 9.B. WAIVER REQUEST/COMBINATION OF ADJOINING LOTS: Consider a waiver request to Land Development Regulations (LDR) Section 4.1.4(C) which requires the combination of adjoining lots of record which do not individually meet minimum lot requirements for Lot 9, Block 6 of the Dell Park Subdivision, located on the south side of N.E. 12th Street between north Swinton Avenue and N.E. 2nd Avenue (102 NE 12th Street). (Quasi- Judicial Hearing) The Deputy City Clerk swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte communications. Mr. Levinson stated he spoke with Gary Eliopoulos. No other ex parte communications were disclosed. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file 2003-361 into the record. Mr. Dorling stated the waiver request would allow the development of Lot 9, Block 6 of Dell Park, a vacant lot that does not currently meet the minimum requirements of 75 feet in width or the minimum square footage of 9,500 square feet. The lot measures 50' x 140' and is 7,000 square feet in area and is currently owned by the adjacent property owner. LDR Section 4.1.4(C) requires that if two (2) or more adjoining lots of record are under the same ownership they shall not be developed except in accordance with the minimum frontage and the lot area requirements. Approval of the waiver would allow the historic Amelung House, a Sears Roebuck kit house, constructed in 1937 to be placed on Lot 9, adjacent to the owner's current residence (106 N.E. 12th Street). Mr. Dorling stated given the consistency of this request with respect to the prevailing development pattern, there is a precedent to support the waiver for the approval of Lot 9. At its meeting of October 1, 2003, the waiver request for Lot 9, Block 6 was reviewed by the Historic Preservation Board and they recommended approval of the waiver. Mayor Perlman stated anyone from the public who would like to address the Commission regarding the waiver request, to come forward at this time. No one from the public came forward to address the Commission regarding the waiver request. Mr. Costin moved to approve the waiver to LDR Section 4.1.4(C) to allow the development of Lot 9, Block 6, Del Park at 102 N.E. 12th Street, the Amelung House, based upon positive findings with respect to LDR Section 2.4.7(B)(5), seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mr. Levinson - Yes; Ms. -9- 10/07/03 McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. 9.C. CONDITIONAL USE REQUEST/EXCEL RESTAURANT: Consider a request for conditional use approval to allow the establishment of a 24-Hour or Late Night Business to be located within 300 feet of residentially-zoned property for Excel Restaurant, to be located within the Linton Square Shopping Center at the northeast corner of Linton Boulevard and Congress Avenue. (Quasi-Judicial Hearing) Mayor Perlman asked the Commission to disclose any ex parte communications. Mayor Perlman stated he had a conversation with Police Officer Brady Myers and Captain Musco. No other ex parte communications were disclosed. The Deputy City Clerk swore in those individuals who wished to give testimony on this item. Paul Dorling, Director of Planning and Zoning, stated staff has met with the applicant regarding this and the result of the meeting was that the applicant has agreed either to submit a revised floor plan as it relates to the proposed conditional use request, or to modify the conditional use request. Mayor Perlman stated anyone from the public who would like to address the Commission regarding the conditional use request, to come forward at this time. No one from the public came forward to address the Commission regarding the conditional use request. Mr. Costin moved to approve to postpone consideration of the conditional use request to a date certain of November 4, 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. Said motion passed with a 4 to 0 vote. 9.D. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/ATLANTIC PLACE: Consider an appeal of the Site Plan Review and Appearance Board's action regarding the elimination of staff's recommended conditions of approval for Atlantic Place, located on the south side of East Atlantic Avenue, between Venetian Drive and Gleason Street. (Quasi-JudicialHearing) The Deputy City Clerk swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte communications. Mayor Perlman stated he spoke with Michael Weiner. No other ex parte communications were disclosed. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file 2003-317 into the record. Mr. Dorling stated this item went before SPRAB and two conditions were eliminated. Staff requested that parallel parking spaces be provided along the Gleason Street right-of-way in a manner consistent with those in the Venetian Drive right-of-way. Staff asked -10- 10/07/03 that an additional five feet be provided along Gleason Street and that on-street parking be provided. Mr. Dorling stated staff is requesting the Commission modify the SPRAB conditions to include the parking and the sidewalk as shown in Exhibit "1". Mr. Dorling noted for the record that there is a ten day appeal period for those conditions and the applicant was initially concerned that this action would prohibit him from exercising his rights should he want to appeal any of the other conditions. Jason Mankoff, Weiner & Aronson, representing the applicant, stated they accept these limited conditions and reserve all rights. Mr. Levinson moved to approve the appeal granting the conditions as set forth on pages 1 & 2 of the City Commission documentation and as shown on Exhibit "1" pursuant to LDR Section 4.6.9(E)(3)(e) and LDR Section 6.1.3(B)(2), seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10.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 north, south or east of any municipal beach site. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 39-03 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 -11- 10/07/03 AND PARASAILING ON THE MUNICIPAL BEACH SITE AND PROHIBITING KITE-FLYING AND WIND SURFING EXCEPT IN DESIGNATED AREAS; PROVIDING A SAVINGS 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. 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. 39-03, the public hearing was closed. Mr. Levinson asked Terrill Pyburn, Assistant City Attorney, to thank the paragliders and hang-gliders for their support and assistance with drafting this ordinance. Ms. McCarthy moved to adopt Ordinance No. 39-03 on Second and FINAL Reading, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. 10.B. ORDINANCE NO. 37-03: An ordinance amending the Land Development Regulations, Section 4.3.3(S), "Telecommunication Towers and Antennas", to reflect recent state law changes. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 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.) -12- 10/07/03 The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated the proposed text amendments are to modify LDR Section 4.3.3(S) "Telecommunication Towers and Antennas" to achieve consistency with the new State laws. At its meeting of September 15, 2003, the Planning and Zoning Board held a public hearing regarding this item and after discussing the amendment, the Board voted 6-0 (Jess Sowards abstained) to recommend approval of the proposed amendment to the Land Development Regulations, based upon a positive finding with LDR Section 2.4.5(M)(5), that while the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. Mayor Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 37-03, the public hearing was closed. Mr. Costin moved to adopt Ordinance No. 37-03 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 10.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. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 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; ADM1NSTRATIVE PENALTY," SECTION 73.04, "ADMINISTRATIVE PENALTY; COSTS," SECTION 73.05, "RETURN OF THE VEHICLE PRIOR TO ADMINSTRATIVE HEARING," SECTION 73.06, "APPEAL," SECTION 73.07, "UNCLAIMED VEHICLES", PROVIDING FOR IMPOUNDMENT OF MOTOR VEHICLES UTILIZED IN VIOLATION OF STATE LAWS AND PROCEDURES REGARDING SAME AND SECTION 73.08, -13- 10/07/03 "ADMINISTRATIVE FEES", PROVIDING FOR PAYMENT TO POLICE DEPARTMENT LAW ENFORCEMENT TRUST FUND; PROVIDING A SAVINGS 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. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated staff recommends denial of the ordinance and suggested that the Commission may want the Legislative Delegation to review this issue because she believes the State Statute allows for municipalities to have an administrative proceeding with regard to these kinds of things. Mayor Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 34-03, the public hearing was closed. Mr. Costin moved to adopt Ordinance No. 34-03 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - No; Mr. Levinson - No; Ms. McCarthy - No; Mayor Perlman - No. Said motion was denied with a 4 to 0 vote. 10.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. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 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 BEACH, 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 -14- 10/07/03 VEHICLES; ENACT1NG 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 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. 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. 33-03, the public hearing was closed. Ms. McCarthy moved to adopt Ordinance No. 33-03 on Second and FINAL Reading, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 4 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 concern expressed by Mary Alford concerning the placement of mailboxes on some rental property she owns, the City Manager stated the Post Office is attempting to get all mailbox locations changed to meet their regulations, and they proceed with the change when a new postal customer moves into an address. The City Manager stated in this case a new tenant moved into 145 N.W. 14th Avenue, one of the two addresses at the duplex Ms. Alford owns. The City Manager stated there is a mixture of mailbox placement; 140 & 144 have mailboxes out by the road as do 129 &131. In the 200 block of N.W. 14th Avenue, there are also many mailboxes out by the road. The City Manager stated staff has suggested that Ms. Alford change the mailbox for 145 & 147 N.W. 14th Avenue to meet U.S. Postal regulations, and move the mailbox out by the road so the postal carrier does not have to exit the vehicle. If the mailbox is properly placed, the postal carrier will not be driving on the swale, only on the street. The City Manager stated this is being enforced whenever there is a change in ownership or a change in tenants. Secondly, with regard to a concern expressed about the roofing conditions at Imperial Villas, the City Manager stated on February 6, 2003, the initial permit application was received and issued by the Building and Inspection division. The City Manager stated the application indicated the roof slope to be 4 in 12. Re-roofing permit applications are a "walk- -15- 10/07/03 through process" meaning the applicant with appropriate and adequate information walks out with the permit in hand. This department relies on the information provided and places the onus on the applicant to provide accurate information. This process was repeated many times as each building was required to have a separate permit. At some point in the middle of the re-roofing being done, the City Manager stated staff received a telephone call from a member of the Imperial Villas Association stating that the applications had been misrepresented and the actual roof slope was 3 in 12. The difference is not visible to the inspector's eye, and staff verified the slope by reviewing the original plans from the microfilm files. By Code, any roof slope less than 4 in 12 is required to have additional consideration for underlayment. The City Manager stated there were several meetings between the association, their consultant, and attorney to determine the best way to correct the deficiencies. The consensus from the last meeting was to have been put into an agreement format by their attorney. The City Manager stated staff issued a stop work order on all the repairs in the meantime. The City Manager stated several months passed without hearing from the association's attorney and the roofing contractor, at his own discretion, started back on the job this time utilizing the appropriate underlayment and to date is calling inspections as needed. The City Manager stated staff has taken the position that no final Certificates of Occupancy will be issued until this matter is resolved. Staff has consulted with the City Attorney's office and notified the association and their attorney in writing. 11.B. From the Public. ll.B.1. Rich McGloim 2275 N. Swinton Avenue~ Delray Beach~ stated the Commission is overloaded with demands that are placed on them which he believes is causing a problem during the Election cycle. Mr. McGloin stated he feels the City will not be able to get quality people to fill the seats for which the current Commission has set the standard. Mr. McGloin suggested the Commission place this issue on a Workshop agenda for discussion to see what needs to be changed in the Charter with regard to the Mayor and City Commission seats because he feels it is imperative for the City's future. ll.B.2. Rita Ellis~ 512 Andrews Avenue~ Delray Beach (also a business owner of 1900 McNab Avenue~ Delra¥ Beach)~ speaking as Chair of the Downtown Development Authority, stated tonight a meeting was held at the library with regard to the "Clean and Safe Program" that the Downtown Development Authority (DDA) has been working on for approximately three years. Mrs. Ellis stated in connection with that, the DDA has put together a hospitality resource panel that deals with clean and safe issues within the City and the DDA district. Mrs. Ellis commended the Police Chief and his staff for their awesome presentation and stated the City Boards are doing a fantastic job. Mayor Perlman commented in order to have a vibrant downtown it has to be clean and safe. Mayor Perlman stated the City shares the same goal as the DDA and he appreciates everything Mrs. Ellis is doing. ll.B.3. Jim Smith~ 1225 S. Ocean Boulevard~ Delra¥ Beach~ stated tomorrow is "Walk a Child to School Day" at Pine Grove Elementary School and noted this is the second consecutive year for perfect attendance. Mr. Smith stated this is the largest City participation group which will be comprised of City employees and he feels this not only says a lot for the -16- 10/07/03 City employees but also speaks for the leadership of Delray. Mr. Smith briefly reviewed a few minor changes in the program for tomorrow. At this point, the time being 7:25 p.m., the Commission moved to Item 9.E. of the Regular Agenda. 9.E. WORLDWIDE ENTERTAINMENT~ INC.: Consider authorizing staff to negotiate an agreement with Worldwide Entertainment, Inc. for the promotion of concerts at the Delray Stadium. The City Manager stated the City received an expression of interest from Worldwide Entertainment, Inc. in producing a series of concerts at the stadium. The City Manager stated staff is in agreement with the proposal as outlined and noted Worldwide Entertainment, Inc. proposes to do five events in the first year and they would take care of all the out-of-pocket costs and the stadium would be given to them rent free during that time period. After that, the City Manager stated they would begin paying fees for the use of the facility. The City Manager stated Worldwide Entertainment, Inc. has a good track record with successfully promoting events and recommends authorizing staff to proceed to negotiate an agreement to cover the first year. Mr. Levinson stated he spoke to Jay Baron with Worldwide Entertainment, Inc. is highly recommended and has a good reputation for completing successful shows. However, Mr. Levinson expressed concern over #7 in the letter where it reads as follows: "The Producer will have the exclusive during the term of the more formal agreement to book all pop/rock/country/contemporary events. As it relates to any festivals or cultural events associated with the City, the Producer will assist the City in obtaining talent for the events." Mr. Levinson stated he would recommend that this not be required but optional. Brahm Dubin stated Worldwide Entertainment, Inc. will help promote the events as needed. Mr. Costin echoed the same concerns as Mr. Levinson and stated he does not want this to infringe upon any successful events that are presently being managed in an appropriate way. Mayor Perlman asked for clarification and expressed concern over #2 in the letter where it reads as follows: "There shall be no rent charged for the shows. However, Producer will be responsible for all costs associated with any of the performances hereunder including ushers, ticket takers, security, stage hands, cleaning, production, etc." Mayor Perlman asked for clarification as to whether the security includes the City's costs or if Worldwide Entertainment is providing the security. The City Manager stated the security includes the City's costs for Police and Fire. Prior to the vote, Mayor Perlman stated he agrees with the City Manager that it is important to establish the venue as a viable concert facility and he is excited to see someone with the extensive track record that they have. -17- 10/07/03 Mr. Levinson stated this will hopefully help the City to go back and recycle some of the contacts the City has for naming rights. Mr. Costin moved to approve to authorize staff to negotiate an agreement with Worldwide Entertainment, Inc. subject to the recommendations expressed by the Commission with regard to #7 being optional not required, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 4 to 0 vote. 9oFo CANCELLATION OF CONTRACT/SHANNON CHEMICAL CORPORATION: Consider authorizing the cancellation of contract with Shannon Chemical Corporation for the purchase and delivery of poly phosphate for the Water Treatment Plant due to non-performance and approve re-award to Stiles-Kem Division for an estimated annual cost of $47,040.00 per year. Funding is available from 441-5122-536-52.21 (Water/Sewer Fund/Chemicals). The City Attorney stated any cancellation of the contract would be subject to the City of Delray Beach providing Shannon Chemical Corporation between seven and thirty days notice. Dan Beatty, Deputy Director of Public Utilities, stated when staff discovered problems with Shannon Chemical Corporation, they received authorization from the Purchasing Department to go to the second low bidder. Mr. Beatty stated staff experienced similar problems with the other two vendors as they did with Shannon Chemical Corporation whereas they failed to pickup samples to test the water so they could come up with the proper dosage of poly phosphate. Mr. Beatty stated when staff contacted Stiles-Kem they delivered the product as they said they would and it is working well with the treatment process. Ms. McCarthy moved to approve the cancellation of the contract with Shannon Chemical Corporation, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. Ms. McCarthy moved to approve to re-award the contract to Stiles-Kem Division for purchasing and delivery of poly phosphate for the Water Treatment Plant, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 9.G. AMENDED AND RESTATED LICENSE AGREEMENT/PILGRIM BELLE CRUISES: Consider approval of the amended and restated license agreement for Pilgrim Belle Cruises between the City and Pilgrim Belle Cruises to allow for the docking of a second boat to be used to provide "Eco Tours" to local school children and fishing trips. Brian Shutt, Assistant City Attorney, stated in July 2003 the Commission approved the assignment from the Ramblin Rose to Pilgrim Belle Cruises and at that meeting Joe Reardon, President of Pilgrim Belle Cruises, L.L.C. outlined the fact that he would like to bring another boat to Delray to provide "ECO Tours" and fishing trips to local school children to -18- 10/07/03 provide an educational classroom for the marine environment. Mr. Shutt stated the agreement has been revised to include language regarding the "Eco Tours" and the fishing excursions. The City Attorney noted there are 500 additional free passes to local school children for the "Eco Tour". Mayor Perlman suggested that these passes be handled through the Education Board so that there is equitable distribution among the local schools. Mr. Costin moved to approve the amended and restated license agreement for Pilgrim Belle Cruises, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. 9.H. SPECIAL EVENT REQUEST/OLD SCHOOL SQUARE CONCERT SERIES: Consider approval of the proposed Old School Square Concert Series to include rescheduling of the December 12, 2003 date, to be held at the pavilion on 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 of a portion of N.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. The City Manager stated Police Chief Schroeder has been working with Joe Gillie regarding the December 12th date and the Police Department is withdrawing their objection to the December 12th date. Mr. Levinson moved to approve all dates for the Old School Square Concert Series, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 4 to 0 vote. 9oio Bond issue. STEERING COMMITTEE: Appoint promotional steering committee for Parks The City Manager asked for direction from the Commission with regard to the number of members for the Steering Committee and stated staff needs to start getting this group in place so that they can assist in promoting the Parks Bond issue. The City Manager stated he has forwarded a few names to the City Commission from soccer and Little League that are very interested in helping. Mr. Levinson suggested to recruit former Mayors of Delray Beach to be co-chairs of the committee and stated this should be a high profile group to support this and then the Commission should look for others such as the City Manager recommended. Mr. Levinson stated by doing this the right way, the City can save a lot of money and insure a much greater -19- 10/07/03 rate of success. Mr. Costin stated it is important to generate a lot of support in the western areas because this is for a western community center as well. Furthermore, Mr. Costin stated there needs to be a large voter turnout and support from these individuals as well. Ms. McCarthy stated she would like to expand the Steering Committee to former elected officials because she feels the west corridor has been very enthusiastic about this for years. Mayor Perlman concurred with comments expressed by Mr. Levinson and Ms. McCarthy and stated he has thrown the idea out to a few people who seem very interested and there are also some key people in each neighborhood who can get the voters out. Mayor Perlman stated he would like to see the Commission get professional help in helping them craft the message and look at voter files to see what the voter turnout has been for these kinds of things and possibly assist with telephone calls as well. Mayor Perlman suggested that there be some private fundraising for educational purposes. The City Manager stated Ivan Ladizinsky, Public Information Officer, has been coordinating the scheduling and commented he has received a few proposals with regard to receiving some assistance. Mayor Perlman asked Mr. Weldon if there is a log with names and telephone numbers of those people who attended the Master Plan meetings because the Commission can contact them and explain this is their vision and the Commission needs their help. Mr. Weldon stated he does not have this information but will try and find out. The City Attorney stated November 20, 2003, is when the certified ballot questions have to be sent to the Supervisor of Elections and each ballot question is limited to 75 words per question. The City Manager suggested that the Steering Committee consist of approximately 15 members. Mr. Costin supports writing a letter to the former elected officials. In addition, Mr. Costin feels a leader of the group needs to be identified as well and suggested contacting Leon Weekes. Mayor Perlman suggested that each Commissioner come back next week with three names in mind. Mr. Levinson inquired whether a letter can be written through City staff that can be sent to former elected officials asking them to be part of the Steering Committee. Mayor Perlman suggested contacting former Mayor David Schmidt and also commented the Committee should be diverse. -20- 10/07/03 Ms. McCarthy stated when the letter is complete it would be beneficial to know the mailing date so that if the Commission can have personal contact as well. Mayor Perlman asked who the primary contact person will be. The City Manager stated with regard to the communications Ivan Ladizinsky will be the primary contact person and Joe Weldon is also very much involved. The Commission agreed the correspondence should inform people that the City Commission would like them to serve on the Steering Committee and if they agree to serve, to contact the City Manager's office and express their interest. 9.J. RATIFICATION OF DOWNTOWN MASTER PLAN IMPLEMENTATION COMMITTEE MEMBERS: Ratify the new roster of the Downtown Master Plan Implementation Committee members to include representation from the Southwest Management Team and removing members who declined to continue on the committee. This item has been postponed until the regular meeting of October 21, 2003. 9oKo AMENDMENT NO. 1/TRIPARTITE AND INTERLOCAL AGREEMENT: Consider approval of Amendment No. 1 to the Tripartite and Interlocal Agreement between the City and the Delray Beach Community Redevelopment Agency (CRA) providing for the exchange of library property to accommodate the new library to allow additional time to review the appraisals. The City Attorney stated this is an amendment allowing staff an additional 30 days to review the appraisals for the library. Mr. Costin moved to approve Amendment No. 1 to the Tripartite and Interlocal Agreement between the City and the Delray Beach Community Redevelopment Agency (CRA), seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin -Yes. Said motion passed with a 4 to 0 vote. 12. FIRST READINGS: 12.A. ORDINANCE NO. 21-03: An ordinance amending Chapter 99, "Noise Control" of the City Code of Ordinances to clarify distance requirements for noise emanating from vehicles and buildings; and to provide a time limit on outdoor playing of musical or similar instruments in residential zoning districts. If passed, a public hearing will be scheduled for October 21, 2003. The caption of Ordinance No. 21-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 99, "NOISE CONTROL", OF THE CODE OF ORDINANCES OF -21- 10/07/03 THE CITY OF DELRAY BEACH, SECTION 99.04, "LOUD AND UNNECESSARY NOISES ENUMERATED; EXEMPTIONS", BY AMENDING SUBSECTION 99.04(A)(1), "NOISE FOR ENTERTAINMENT PURPOSES", TO CLARIFY CERTAIN DISTANCE REQUIREMENTS FOR NOISE EMANATING FROM VEHICLES AND BUILDINGS AND PROVIDING THAT THE OUTDOOR PLAYING OF MUSICAL OR SIMILAR INSTRUMENTS IS PROHIBITED DURING CERTAIN TIME PERIODS; BY REPEALING SUBSECTION 99.04(A)(19), "OUTDOOR PLAYING OF MUSICAL INSTRUMENTS, PHONOGRAPHS AND SIMILAR DEVICES"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 21-03 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. 21-03 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. 12.B. ORDINANCE NO. 40-03: An ordinance amending Chapter 32, "Departments, Boards and Commissions" of the City Code of Ordinances by amending Sections 32.08 "Length of Terms; Restrictions", Subsection (E), to allow a member of a City Board to also serve on the Neighborhood Advisory Council. If passed, a public hearing will be scheduled for October 21, 2003. The caption of Ordinance No. 40-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32, "DEPARTMENT S, BOARD S AND COMMISSIONS", SUBHEADING, "ADVISORY BOARDS AND COMMITTEES", SECTION 32.08, "LENGTH OF TERMS; RESTRICTIONS", SUBSECTION (E), TO PROVIDE FOR AN ADDITIONAL EXCEPTION TO THE PROHIBITION ON CONCURRENT SERVICE ON ADVISORY BOARDS OR COMMITTEES, ALLOWING MEMBERS TO SERVE ON AN ADVISORY BOARD AND THE NEIGHBORHOOD ADVISORY COUNCIL AND TO CORRECT GRAMMATICAL ERRORS; PROVIDING A -22- 10/07/03 SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 40-03 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Prior to the vote, Mayor Perlman stated he feels this gives the City some flexibility. Mr. Levinson moved to approve Ordinance No. 40-03 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager. The City Manager introduced Mr. Harry Hamilton the new Human Resources Director. Secondly, the City Manager stated although the provisions of House Bill 113A would not go into effect until July 2004, if a $200 fee for filing municipal code violations is applied, the projected cost to the City would be $31,800 a year. The City Manager stated this amount does not include any charges the Sheriff' s office may impose should any of the arrestees be sentenced to jail time. The City Manager stated this is the minimum the City can expect for additional costs and commented this does include "Notices to Appear". 13.B. City Attorney. The City Attorney stated she spoke with Cathy Kozol, Police Legal Advisor, who attended the Florida Association of Police Attorney's (FAPA) seminar and noted they are talking about perhaps processing these through Code Enforcement Boards but these cases are often arrests that give probable cause or reasonable suspicion that other things are happening. Mayor Perlman stated this is going to be a top priority in the Florida League of Cities upcoming session. Mr. Levinson stated there was discussion at a Workshop Meeting with regard to Amendment V, reviewing the possibilities of participating with Boca Raton and Boynton Beach maybe in a subsidized position that the State's Attorney could prosecute local ordinances. Mayor Perlman stated there is actually a provision that prohibits it as he understands it. -23- 10/07/03 The City Manager stated he originally planned to be at the "Walk a Child to School Day". However, due to the League of Cities Board Meeting being rescheduled earlier, the City Manager stated he will not be able to go. 13.C. 13.C.1. City Commission. Commissioner Costin Mr. Costin had no comments or inquiries on non-agenda items. 13.C.2. Commissioner McCarthy Ms. McCarthy had no comments or inquiries on non-agenda items. 13.C.3. Commissioner Levinson Mr. Levinson stated Mrs. Archer asked him to raise the issue of outdoor dining and noted many restaurants have added outdoor dining and new restaurants are adding outdoor dining as a way to provide smoking areas and commented that the City currently does not provide parking for these outdoor dining areas. Mr. Levinson stated Mrs. Archer would like staff to review. Mr. Levinson expressed concern over the alleyway between City Oyster and Bru's restaurant and stated there is a constant stream of dirty water trailing down the alleyway nd into N.E. 2 Avenue. Mr. Levinson suggested one solution to this issue would be to cut a trough across with a grade so that any of the water flowing down only makes it a third of the way down the alley, and then it is captured so it is not out on the street. 13.C.4. Mayor Perlman Mayor Perlman stated he had the opportunity to be the co-chair of the "Light-the- Night Walk" at Mizner Park in Boca Raton last week. Mayor Perlman stated the event was to raise money for cancers of the blood and commented it was a very moving experience. Secondly, Mayor Perlman reminded everyone that the "Mammo Van" will be here tomorrow between 9:00 a.m. - 12:00 noon. Mayor Perlman thanked Ivan Ladizinsky, Public Information Officer, for getting some good publicity regarding this and stated this was in the Delray/Boca News today. Mayor Perlman stated he and Mr. Levinson had the opportunity to attend the opening session of the Residents Academy and stated this is a great program. Mayor Perlman stated Norbert Poli a member of WARC was in a very serious motorcycle accident over the weekend. Mayor Perlman stated Norbert Poli had to have a leg amputated and is at the trauma unit at St. Mary's Hospital. -24- 10/07/03 At this point, the time being 8:15 p.m., Mayor Perlman adjourned the Regular Meeting and moved to Item 14, Closed Attorney/Client Session. 14. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: the case of James Tylke v. the City of Delray Beach, Florida. Attendees: Mayor Jeff Perlman Commissioner Alberta McCarthy Commissioner Robert Costin Commissioner Jon Levinson City Manager David Harden City Attorney Susan Ruby Fred Gelston, Esq. Stephen Radford, Esq. A certified court reporter Purpose: Discuss settlement negotiations and strategy related to litigation expenditures in the above case. Mayor Perlman read the following statement into the record: "The City has scheduled a closed attorney-client session pursuant to Florida Statutes §286.011 (8) regarding the James Tylke v. Rancour, Berry_ and City of Delray Beach case (Case No. CL 99-10847 AO). The estimated length of the closed session shall be 15 minutes. The following persons will be attending: Mayor Jeff Perlman, Commissioners Alberta McCarthy, Robert Costin and Jon Levinson, City Manager David Harden, City Attorney Susan Ruby, Fred Gelston, Esq., Stephen Radford, Esq., and a certified court reporter." At this point, the time being 8:40 p.m., Mayor Perlman reconvened the Regular Meeting and announced that the Closed Attorney/Client Session was terminated. 15. SETTLEMENT OF TYLKE V. CITY OF DELRAY BEACH: Consider settlement of the referenced matter. Mr. Costin moved to deny the settlement of Tylke v. City of Delray Beach, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion to deny passed with a 4 to 0 vote. There being no further business, Mayor Perlman declared the meeting adjourned at 8:45 p.m. City Clerk -25- 10/07/03 ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on October 7, 2003, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. -26- 10/07/03 At this point, the time being 8:15 p.m., Mayor Perlman adjourned the Regular Meeting and moved to Item 14, Closed Attorney/Client Session. 14~ CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 2~6011(8) re: the case of James Tylke v. the City of Delray Beach, Florida. Attendees: Mayor Jeff Perlman Commissioner Alberta McCarthy Commissioner Robert Costin Commissioner Jon Levinson City Manager David Harden City Attomey Susan Ruby Fred Gelston, Esq. Stephen Radford, Esq. A certified court reporter Purpose: Discuss settlement negotiations and strategy related to litigation expenditures in the above case. Mayor Perlman read the following statement into the record: '~'he City has scheduled a closed attorney-client session pursuant to Florida Statutes §286.011(8) regarding the James Tylke v. Rancour, Berry and City of Delray Beach case (Case No. CL 99-10847 AO). The estimated length of the closed session shall be 15 minutes. The following persons will be attending: Mayor Jeff Peflman, Commissioners Alberta McCarthy, Robert Costin and Jon Levinson, City Manager David Harden, City Attorney Susan Ruby, Fred Gelston, Esq., Stephen Radford, Esq., and a certified court reporter." At this point, the time being 8:40 p.m., Mayor Perlman reconvened the Regular Meeting and announced that the Closed Attorney/Client Session was terminated. 15. SETTLEMENT OF TYLKE V. CITY OF DELRAY BEACH: Consider settlc~nent of the referenced matter. Mr. Costin moved to deny the settlement of Tylke v. City of Delray Beach, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion to deny passed with a 4 to 0 vote. There being no further business, Mayor Perlman declared the meeting adjourned at 8:45 p.m. City Clerk -25- 1~07~3 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 October 7, 2003, which Minutes were formally approved and adopted by the City Commission on October 21, 2003 City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. -26- 10/07/03