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10-21-03OCTOBER 21, 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 21, 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 Barbara Garito, City Clerk 2_ The opening prayer was delivered by Reverend William Quick, Ph.D., with the Federation of Christian Ministries. The Pledge of Allegiance to the flag of the United States of America was given AGENDA APPROVAL. Mayor Perlman noted a different funding account for Item 9.A., Florida Department of Transportation Joint Partnership Agreement. In addition, Mayor Perlman stated staff is requesting Item 10.B, Ordinance No. 21-03 be postponed to a date certain of November 4, 2003. Mr. Levinson requested Item 8.D., Agreement/Horse Drawn Carriages, Inc. be moved to the Regular Agenda as Item 9.A. 1. Ms. McCarthy 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. APPROVAL OF MINUTES: Mrs. Archer moved to approve the Minutes of the Regular Meeting of October 7, 2003, 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. Mrs. Archer moved to approve the Minutes of the Special Meeting of October 14, 2003, 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. PROCLAMATIONS: 6oAo Recognizing Bucky Dent's 25th Anniversary Mayor Perlman read and presented a proclamation hereby honoring the 25~h Anniversary of BUCKY DENT'S childhood dream of one day hitting a home run and winning something. Bucky Dent came forward to accept his framed proclamation. 6oBo Delray Beach Orchid Society's 13th Annual Show Mayor Perlman read and presented a proclamation hereby encouraging all citizens to attend and support the Delray Beach Orchid Society's 13~h Annual Show "Orchid Odyssey" to be held at the Old School Square gymnasium on October 31st and November 1st and 2nd, 2003. Julia Hamner came forward to accept the proclamation. 6.C. Honoring the School District of Palm Beach County and Superintendent Dr. Art Johnson Mayor Perlman read and presented a proclamation hereby extending appreciation to Dr. Art Johnson, Superintendent of the School District of Palm Beach County. On behalf of Principals, Area Superintendents, and School personnel, Dr. Art Johnson came forward to accept his framed proclamation and thanked the City of Delray Beach for recognizing them all. Mayor Perlman also acknowledged Carole Shetler, Area I Superintendent. Mayor Perlman presented individual proclamations to the Principals of Delray Beach Schools: Atlantic High School - Kathleen Weigel Banyan Creek Elementary School - William J. Fay, Jr. Carver Middle School - Dr. lan B. Saltzman Delray Full Service Center - Ed Harris Morikami Park Elementary School - Elizabeth Kennedy Orchard View Elementary School - Carol Crilley Pine Grove Elementary School - Linda Cartlidge Plumosa Elementary School - Sandi Brynes S.D. Spady Elementary School - Martha O'Hare Village Academy Elementary School - Tammy Ferguson -2- 10/21/03 7. PRESENTATIONS: 7oAo Delra¥ Beach Cultural Loop - Glen Weiss Glen Weiss, 2070 Homewood Boulevard, Delray Beach, Consultam in Public Art/Delray Beach Cultural Loop, gave a brief presentation regarding the status of the Cultural Loop and requested authorizing from the Commission to sponsor an event on November 22, 2003. Mr. Weiss stated the Palm Beach Cultural Council provided a gram of $15,000, the National Endownmem for the Arts provided $35,000 and the State of Florida $4,000 to the project. Mr. Weiss stated history is a significant element of the Cultural Loop which needs to be featured and prominent. Mr. Weiss stated they are one of the 40 events that the FLA USA promoted nationally as a Florida even for this fall and they will be featured in the National Main Street Magazine in November. Lori Durante, 4165 N.W. l0th Street, Delray Beach, Project Manager for the Delray Beach Cultural Loop, stated there are 12 designated pickup and drop-off sites along the cultural loop street boundaries and volunteer history tour guides will be on the bus who will talk about points of interest. Mrs. Durante stated the events committee has been working on planning the various activities that will take place throughout the day which will include the Cultural Loop Marketplace located at the Old School Square and she invited the Commission to attend the ribbon cutting ceremony for the Cultural Loop on November 22, 2003 at 9:00 a.m. Robert A. Barcinski, Assistam City Manager, stated staff will come back to the Commission on November 4, 2003 to get authority to place the artwork in the right-of-way areas and on some City property. Mr. Barcinski stated the LDR's do not permit placing the artwork on the light poles and Mr. Weiss would have to get permission from FPL to do this. The Commission could waive this if they so choose and it is amicipated the artwork will be up for approximately six months. 7oao Downtown Master Plan Marketing Update Kathy Koch, Consultam with Ambit Marketing, gave a brief update of the Downtown Master Plan and stated in November they are kicking off "Keeping the Charm" month. Mrs. Koch stated every weekend that there is an event in Delray Beach there is going to be visibility for the Dowmown Master Plan which will begin November 1, 2003 with the trick- or-treating along Atlantic Avenue. Mrs. Koch continued to state each week volunteers and merchants will be wearing t-shirts with a logo to inform citizens of the vision for Delray Beach. In addition, Mrs. Koch stated on November 6, 2003 they are inviting the clergy to a dinner which will be held at St. Paul's Episcopal Church. Mrs. Koch stated their goal is to help as many people as possible understand why the Dowmown Master Plan is so great. o CONSENT AGENDA: City Manager Recommends Approval. 8oAo ACCEPTANCE OF EASEMENT DEED/THE COLONY AT DELRAY: Approve and accept an easemem deed from The Colony At Delray graining to the City the -3- 10/21/03 means to allow utilities from Bexley Park to connect to an existing lift station located in "The Colony" development. g.B. ACCEPTANCE OF HOLD HARMLESS AGREEMENT/GARRETT AND GINA BENDER: Approve and accept a hold harmless agreement between the City and Garrett and Gina Bender for the installation of a private dock onto a portion of seawall that abuts the Island Drive bridge. 8.C. SPECIAL EVENT REQUEST/HOLIDAY PAGEANT PARADE: Approve and endorse the Annual Holiday Pageant Parade co-sponsored by the Parks and Recreation Department and the Chamber of Commerce to be held on December 13, 2003 beginning at approximately 6:00 p.m., granting a temporary use permit per LDR Section 2.4.6(H) for the closure and use of Atlantic Avenue from Gleason Street and Andrews Avenue to N.W. 1st Avenue and Miramar and Lowery for parade set up from approximately 4:00 p.m. to 7:30 p.m., and authorize staff support for traffic control and security, EMS assistance, barricade set- up/removal, trash removal and clean up, and processing of the FDOT permit. g.D. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A. 1. 8.E. LICENSE AGREEMENT/SESAC: Consider approval of the proposed music performance license agreement with SESAC in the amount of $650.00. Funding is available from 001-1802-512-34.90 (General Fund/Other Contractual Services). g.F. REVISED SPECIAL EVENT REQUEST/THE FRIENDS OF SANDOWAY HOUSE NATURE CENTER, INC.: Approve a revised request from the Friends of the Sandoway House, Inc. to change the tent location for their Gala to be held on November 22, 2003 from the east half of the Ingraham lot to the south side of the Sandoway lot from 5:00 p.m. Thursday, November 20, 2003 through Monday, November 24, 2003. Staff recommends approval of the revised request from 7:00 a.m. Friday, November 21, 2003 through noon on Monday, November 24, 2003. 8.G. INDEPENDENT CONTRACTOR AGREEMENT/THE ARC: Approve an independent contractor agreement between the City and The ARC for a trained inclusion specialist for a special needs child in our Out of School program in the approximate amount of $15,012.00. Funding is available from 001-4105-572-34.90 (General Fund/Other Contractual Services). 8.H. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a fund subsidy for two (2) eligible applicants/families in the amount of $13,500.00 for 1650 N.W. 18~h Avenue #204 and $19,238.00 for new construction on S.W. 6~h Avenue. This brings the number to 155 homeowners assisted under the Renaissance Program. Funding is available from 118- 1924-554-49.20 (Home Owner Subsidy). g.I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period October 6, 2003 through October 17, 2003. -4- 10/21/03 8.J. AWARD OF BIDS AND CONTRACTS: 1_ Bid award to Vila & Sons Landscaping Corporation in the amount of $49,800.72 for the irrigation and landscape improvements to three (3) medians on Federal Highway and Linton Boulevard. Funding is available from 119-4151-572-63.20 (Beautification Trust Fund/Landscaping/Beautification). 2_ Bid award to various vendors for pipe fittings at an annual cost of $159,411.91. Funding is available from various departmental operating budgets. Mr. Costin moved to approve the Consent Agenda as amended, 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. REGULAR AGENDA: 9.A.1. AGREEMENT/HORSE DRAWN CARRIAGES, INC.: Consider approval of an agreement between the City and Horse Drawn Carriages, inc. to provide horse and carriage rides along Atlantic Avenue as specified from November 21, 2003 through January 1, 2004 from 6:00 p.m. until 12:00 a.m.; contingent on the approval of the proposed Ordinance No. 41-03 amending Section 2.4.6(H) Temporary Use Permits. Mr. Levinson stated after speaking with Marjorie Ferrer currently the ending date is January 1, 2004, and the Downtown Joint Venture would prefer to end the carriage rides on Sunday (January 4, 2004). The City Attorney stated the agreement can be amended to reflect this date. Mr. Levinson moved to approve the amended agreement between the City and Horse Drawn Carriages, inc. to provide horse and carriage ridges along Atlantic Avenue from November 21, 2003 through January 4, 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. 9oAo FLORIDA DEPARTMENT OF TRANSPORTATION JOINT PARTNERSHIP AGREEMENT: Approve a Joint Partnership Agreement (JPA) with the Florida Department of Transportation (FDOT) for the reimbursement of funds to the City in the amount of $40,000.00 for the irrigation and landscaping of three (3) medians on Federal Highway from 1200 feet south to 1500 feet north of Linton Boulevard. Funding is available from 119-4151-572-46.40 (Beautification Trust Fund/Beautification Maintenance). The City Manager informed the Commission that we finally received the agreement with FDOT in the amount of $40,000 for the irrigation and landscaping of the medians on Federal Highway (north and south of Linton Boulevard). Staff recommends approval. -5- 10/21/03 Mr. Levinson moved to approve the Joint Partnership Agreement (JPA) with the Florida Department of Transportation (FDOT), seconded by Mrs. Archer. 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. 9oBo REJECTION OF RESPONSES/WRECKER TOWING SERVICES: Consider rejection of all responses received for the Request for Proposal #2003-46 for Wrecker Towing Services for the Police Department due to the need to clarify and better define language in the detailed specifications, and authorize staff to re-advertise. The City Manager stated the Commission is requested to reject the former bids for towing services since the original bid did not clarify the difference between a class "B" wrecker and a class "A". Secondly, the City Manager stated the way the matrix was laid out it showed "located within the City limits" as one of the criteria. However, the City Manager stated they had to be within a certain radius but not necessarily within the City limits. Staff recommends rejecting all bids and re-bid to take care of this issue. Mr. Costin moved to approve the rejection of all responses received for the Request for Proposal #2003-46 for Wrecker Towing Services for the Police Department and authorize staff to re-advertise, 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. 9.C. POLICY ON MUNICIPAL LIEN REDUCTIONS: Approve the proposed policy governing the granting of municipal lien reductions associated with the construction of single family homes in the City. The City Manager stated all the issues raised at the Workshop meeting regarding the policy on municipal lien reductions have been addressed. Ms. McCarthy moved to approve the Policy on Municipal Lien reductions, 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. 9oDo SEAWALL PROJECT/CUSTOM BUILT MARINE CONSTRUCTION: Approve a contract between the City of Delray Beach and Custom Built Marine Construction in the amount of $139,649.06 for the replacement the existing seawalls at S.E. 3rd Street and N.E. 4~h Street and replacement of the ninety (90) foot and 140 foot wood docks at Veteran's Park. Funding is available from 448-5461-538-65.66 (Storm Water Utility Fund/N.E. 4th Street - Seawall) and 001-4126-572-46.90 (Parks & Recreation/Other Repair/Maintenance Costs). Richard Hasko, Director of Environmental Services, stated staff recommends awarding the contract to Custom Built Marine Construction in the amount of $139,649.06. Mr. Hasko stated the scope of this project is to demolish and reconstruct the seawalls at S.E. 3rd Street and N.E. 4th Street as well as replacement of the wood docks at Veteran's Park. -6- 10/21/03 Mr. Levinson suggested that staff consider one of the composite materials because he feels this may be more durable than lumber. Mr. Costin echoed comments expressed by Commissioner Levinson and suggested this be considered for future projects. Mr. Costin moved to approve the seawall project between the City of Delray Beach and Custom Built Marine Construction, 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.E. ACCEPTANCE OF SETTLEMENT/TYLKE v. CITY: Consider acceptance of settlement payable as follows: $35,000.00 due on November 4, 2003 and $10,000.00 payable within ninety (90) days subject to the receipt of an agreement and acceptable releases in the Tylke v. City of Delray Beach case. Staff recommends acceptance. The City Attorney stated the City Commission directed staff to make a counter offer in the amount of $45,000, which was accepted. The Plaintiff has accepted the offer payable as follows: $35,000 due on November 4, 2003 and $10,000 payable within ninety (90) days. Staff recommends acceptance of the settlement. Mr. Levinson moved to approve the settlement offer and the acceptance of the agreement in the Tylke v. City of Delray Beach case, 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 - Yes. Said motion passed with a 5 to 0 vote. 9.F. RESOLUTION NO. 72-03: Approve Resolution No. 72-03 providing for the issuance of General Obligation Bonds for the purpose of financing Recreation Centers, Parks and Cultural Facilities. The caption of Resolution No. 72-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS FOR THE PURPOSE OF FINANCING THE (A) ACQUISITION OF LAND, THE CONSTRUCTION AND EQUiPPiNG OF UP TO THREE NEW NEIGHBORHOOD PARKS, THE CONSTRUCTION AND EQUiPPiNG OF A SOCCER COMPLEX; THE CONSTRUCTION, RECONSTRUCTION AND EQUIPPING OF CERTAIN EXISTING PARKS THROUGHOUT THE CITY IN THE PRINCIPAL AMOUNT NOT EXCEEDING $9,000,000; (B) ACQUISITION OF LAND, THE CONSTRUCTION AND EQUIPPING OF A NEW RECREATION CENTER IN THE WESTERN AREA OF THE CITY, AND THE CONSTRUCTION AND/OR RE- CONSTRUCTION OF IMPROVEMENTS TO AND -7- 10/21/03 EQUIPPING OF CERTAIN EXISTING RECREATION CENTERS IN THE PRINCIPAL AMOUNT NOT EXCEEDING $7,000,000; (C) ACQUISITION OF LAND, CONSTRUCTION OF A PARKING GARAGE AND OTHER CAPITAL IMPROVEMENTS, AS PART OF THE EXPANSION OF OLD SCHOOL SQUARE, IN THE PRINCIPAL AMOUNT NOT EXCEEDING $7,000,000 AND (D) ACQUISITION OF FURNISHINGS AND FIXTURES FOR THE NEW LIBRARY IN THE PRINCIPAL AMOUNT NOT TO EXCEED $1,000,000; CALLING FOR A BOND REFERENDUM OF THE QUALIFIED VOTERS IN THE CITY OF DELRAY BEACH TO BE HELD JANUARY 20, 2004, AS TO WHETHER GENERAL OBLIGATION BONDS FOR SUCH PROJECTS SHOULD BE ISSUED; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 72-03 is on file in the City Clerk's Office.) The City Attorney stated the questions that are in this fifth draft of Resolution No. 72-03 are in compliance with regard to the word count requirements including the translation in Spanish. Mrs. Archer moved to approve Resolution No. 72-03, seconded by Mr. Costin. 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. 9.G. RATIFICATION OF APPOINTMENTS TO THE KIDS AND COPS COMMITTEE: Ratify various appointments to the Kids and Cops Committee for a two year term ending November 30, 2005. Mr. Levinson moved to approve the ratification of various appointments to the Kids and Cops Committee for a two year term ending November 30, 2005, as presented in the agenda backup, 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. 9.H. STEERING COMMITTEE: Appoint promotional steering committee for Recreation Centers, Parks and Cultural Facilities Bond issue. Mr. Levinson moved to appoint the former elected officials as listed in Exhibit "A" in the agenda backup to serve on the promotional Steering Committee for the Recreation Centers, Parks and Cultural Facilities Bond issue, 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 time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. -8- 10/21/03 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 41-03 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending the Land Development Regulations Section 2.4.6(H), "Temporary Use Permit" to add horse drawn carriage rides, ice skating rink, carousel and other related holiday/seasonal temporary uses authorized by the City Commission. If passed, a second public hearing will be scheduled for November 4, 2003. The caption of Ordinance No. 41-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SUBSECTION 2.4.6, "PROCEDURES FOR OBTAINING PERMITS AND APPROVALS", PARAGRAPH (H), "TEMPORARY USE PERMIT", TO ADD HORSE DRAWN CARRIAGE RIDES, ICE SKATING RINK, CAROUSEL AND OTHER RELATED HOLIDAY/SEASONAL TEMPORARY USES AUTHORIZED BY THE CITY COMMISSION; BY ADDING A NEW SUB- PARAGRAPH (D) TO PROVIDE THAT THESE USES BE SPONSORED BY THE CITY, COMMUNITY REDEVELOPMENT AGENCY, THE DOWNTOWN JOINT VENTURE, OR OTHER AGENCY FORMULATED FOR ECONOMIC DEVELOPMENT PURPOSES AND PROVIDING THAT THE OWNER OR OPERATOR OF CARRIAGE RIDES MUST HAVE A LICENSE AGREEMENT APPROVED BY THE CITY COMMISSION; RELETTERING THE REMAINING SUB- PARAGRAPH; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 41-03 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. Paul Dorling, Director of Planning and Zoning, stated the LDR amendment adds "Horse Drawn Carriage Ridges, Ice Skating Rink, Carousel, and Other Related Holiday, Seasonal/Temporary Uses" as one of the temporary use categories allowed under LDR Section 2.4.6(H)(8). The amendment further imposes regulations and restrictions requiring those uses to be sponsored by the City, Community Redevelopment Agency, the Downtown Joint Venture or other agency which is formulated for the purposes of economic development as approved by the City Commission. -9- 10/21/03 At its meeting of October 20, 2003, the Planning and Zoning Board held a public hearing regarding this item and unanimously recommended approval (4-0). Mayor Pearlman declared the public hearing open. Rebecca Learman, Horse Drawn Carriages, inc. (West Palm Beach), stated as owner/operator this is a wonderful addition to any downtown and she hopes to be able to work in the City of Delray more often than just for the holiday events. There being no one else who wished to address the Commission regarding Ordinance No. 41-03, the public hearing was closed. Mr. Costin moved to adopt Ordinance No. 41-03 on First Reading/First Public Hearing, 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. 10.B. 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 instruments, phonographs and similar devices in residential zoning districts. 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. 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 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. -10- 10/21/03 The City Attorney stated the public hearing of Ordinance No. 21-03 has been postponed to a date certain of November 4, 2003. Ms. McCarthy moved to approve postponement of Ordinance No. 21-03 to a date certain of November 4, 2003, 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.C. ORDINANCE NO. 40-03: An ordinance amending Chapter 32, "Departments, Boards and Commissions" of the City Code of Ordinances by amending Section 32.08 "Length of Terms; Restrictions", Subsection (E), to allow a member of a City Board to also serve on the Neighborhood Advisory Council. 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. 40-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32, "DEPARTMENTS, BOARDS 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 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. 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 Pearlman declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 40-03, the public hearing was closed. Mr. Costin moved to adopt Ordinance No. 40-03 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. Said motion passed with a 5 to 0 vote. -11- 10/21/03 At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC REGULAR CITY COMMISSION MEETING OCTOBER 21, 2003 ll.A. City Manager's response to prior public comments and inquiries. The City Manager had no response to prior public comments and inquiries. 11.B. From the Public. ll.B.1. Charlotte Wright, 802 N.W. 2na Street, Delray Beach, expressed concern over water drains, properties with code violations, and a security system for our school children. Ms. Wright stated early in the morning children run to catch the school bus and are in danger of automobiles that do not stop. Ms. Wright urged the Commission to provide some kind of security system in the area and stated the children are in danger of being injured. With regard to the water drains, Ms. Wright stated every time it rains the area floods due to the poor drainage, she would like the City to investigate. Ms. Wright stated there are some properties that are full of trash (809 N.W. 2nd Street & NW 8~h Avenue) and code violations. She suggested that the Code Enforcement division address this issue immediately. ll.B.2. Alice Finst, 707 Place Tavant, Delray Beach, expressed concern over Bright Park and stated she was told she can expect the park to be pressured cleaned every six months. Mrs. Finst suggested that some colorful flowers be planted between now and the opening of the Cultural Loop in November to help make the appearance of the park more cheerful. Secondly, Mrs. Finst expressed concern over the traffic on Barwick Road and Atlantic Avenue at the location of the gas station called "The One Stop". Mrs. Finst stated she was driving down Barwick Road this morning heading towards Atlantic Avenue and there was a car driving directly towards her going the wrong way. Mrs. Finst stated the intersection is very confusing coming off Atlantic Avenue because of the way it is striped. The problem is arising from the lack of control of vehicles coming out of "The One Stop" cutting across one, or two, or three lanes of traffic. Compounding this in the afternoon, there are school buses with the parent pickup and stated this is a very scary situation. Mrs. Finst asked the Commission to look into this issue and suggested that something as simple as putting up plastic pegs in the street to direct the people out of the gas station. Mrs. Finst stated as it stands now people are coming out of the gas station and cut across the traffic lanes and commented this is a very dangerous situation. Mrs. Finst stated Barwick Road is a very dangerous road with no speed control and marginal direction as to how to travel coming in and going out of the Atlantic Avenue area. -12- 10/21/03 ll.B.3. Gerry Franciosa~ 939 Eve Street~ Delray Beach~ stated he attended a PROD breakfast this morning where ivan Ladizinsky, Public information Officer, gave a speech. Mr. Franciosa stated Mr. Ladizinsky's speech was very informative and everyone was delighted. At this point, the Commission moved to Item 12, First Readings. 12. FIRST READINGS: None. 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 stated with regard to the Palm Beach County League of Cities meeting of the general membership is tomorrow. He indicated prior to that meeting at 9:00 a.m. the Palm Beach County Fire Rescue Ad Hoc Committee is meeting to continue working on the first/closest response and dispatch issue. The County Commission level of service workshop meeting is still scheduled for November 28, 2003. The City Manager stated there will be another workshop on December 9, 2003 at 10:30 a.m. regarding the common dispatch and closest unit response issues. The City Manager stated Bob Bloomquist was reappointed to the Criminal Justice Committee representing the Palm Beach County League of Cities. With regard to a concern expressed by the Commission about new sidewalk caf6s, the City Manager stated any requests for new sidewalk caf6s are handled through the formal application process and reviewed by Engineering. However, new restaurants are handled through the site plan review and approval process. In most instances, the City Manager stated establishing a sidewalk card does not trigger additional parking requirements. The sidewalk card ordinance is being revised, and staff expects to have it before the Planning and Zoning Board in November; then the ordinance would come before the City Commission. The revised ordinance does address and strengthen the requirement to maintain the five foot pedestrian access, requirements for pressure cleaning, and an annual renewal fee based on the number of tables approved within the designated area for each card. With regard to the water in the alley behind City Oyster and Bm's, the City Manager stated the City is currently advertising bids for miscellaneous drainage projects including the intersection of S.E. 10~h Street and Old Dixie Highway and this particular alley. There is a chronic problem with water running down the alley and standing in the Pineapple Grove pedestrian crossing. There have also been issues from time to time with the restaurant staff using the delivery area as a can wash down area. Alley drainage improvements will include -13- 10/21/03 replacement of an existing open bottom inlet with a type "C" structure and extension of a drainage line westerly connecting to the existing system and N.E. 2nd Avenue. An additional inlet will be placed to intercept water running from the delivery area behind the restaurants. All structures in the alley will be fitted with pollution retardant devices. Our Industrial Pretreatment Program staff will monitor the facility for evidence of continued wash down and kitchen and food preparation in the delivery area. If necessary, the City will require a curbing to be extended across the delivery area with a drain and an appropriate grease trap installed to prevent the continued surface contamination in the alley way. 13.B. City Attorney. The City Attorney had no comments or inquiries on non-agenda items. 13.C. 13.C.1. City Commission. Commissioner Levinson Mr. Levinson stated he appreciates the skate park update. Mr. Levinson stated he would hope when a relatively small project such as this one begins that there is better planning. Mr. Levinson stated in the future we can try to make sure the project can be completed in a timely fashion. Secondly, Mr. Levinson stated he feels it is terrific to have received a letter from Mr. Steven Block from Security Self Storage. Mr. Levinson stated this is a typical resident who expects that other people should do things for the community and commented Mr. Block stated after participating in "Walk Our Children to School Day" he is now going to get more involved because he realizes he needs to carry some of the load too. Contrary to that letter, Mr. Levinson stated he received another letter that was full of misinformation making significant accusations that were untrue and the individual not only did not sign the letter but did not put a return address and expressed his disappointment since he could not respond and inform this person of the correct information. Mr. Levinson stated Mayor Perlman's speech at the unveiling of C. Spencer Pompey's bust was spectacular and Bill Wood did a wonderful job singing. Mr. Levinson reminded everyone of the "Board and Committee Appreciation Reception" which will be held on Monday, October 27, 2003 from 5:30 p.m. to 7:00 p.m. at Old School Square with dinner following the reception with a member of the Commission. Mr. Levinson stated on Tuesday, October 28, 2003 at 7:00 p.m. the Chamber of Commerce will hold a meeting to discuss the A-1-A project at Old School Square. -14- 10/21/03 13.C.2. Commissioner McCarthy Ms. McCarthy stated the group she was with for "Walk Our Children to School Day" was the owner of a storage unit facility who wrote a letter stating it was a wonderful experience. He stated he is now much more aware of situations that he was not previously aware of since he rarely walks in the City. Ms. McCarthy gave special recognition to the staff at Fire Station No. 5 because she was walking in the area at approximately 9:33 p.m. one evening when the alarm went off. Ms. McCarthy stated within moments the firefighters' were in their trucks and on their way. Ms. McCarthy stated she would not support anything that would interfere with their response time because she feels now it is phenomenal. 13.C.3. Commissioner Costin Mr. Costin stated as a child he remembers going to Fenway Park and seeing the great Ted Williams play. Mr. Costin stated this was always a profound experience. Secondly, Mr. Costin asked the City Manager to have Nancy Davila, City Horticulturist check on the trees that are being planted on Lake Ida Road they do not look like they will survive. 13.C.4. Commissioner Archer Mrs. Archer concurred with comments expressed by Mrs. Finst and stated people do pull out of the gas station (located at the northwest corner of Barwick Road and Military Trail across from Carver Middle School) cut across lanes of traffic to go north on Barwick Road. Mrs. Archer suggested prohibiting a left-hand turn out of that area especially during high peak times (i.e. the morning and when the children come out of school) because she feels this could be a serious problem. Secondly, Mrs. Archer reported the Drug Task Force is working with the South County Recovery Resident's Association and they are planning a workshop in January to educate landlords on how to operate effective recovery residents' facilities. Mrs. Archer stated they are going to have representatives there from DAF, Fire Rescue Department, Police Department, Code Enforcement, and it is hopeful that the new Rental Specialist will be there as well to provide general information to meet the City regulations to operate effectively. After the workshop meeting in January, Mrs. Archer stated the Police Department will be working with Code Enforcement very closely to require that they come into compliance. 13.C.5. Mayor Perlman Mayor Perlman stated he is glad Mrs. Archer is working with the Drug Task Force because as he makes his way around the community with Mayor's meetings and associations this is a front burner issue in neighborhoods citywide. Mayor Perlman stated he -15- 10/21/03 spoke with Chief Schroeder and the Police Department is working on a number of innovative things along those lines. Secondly, Mayor Perlman stated he had a chance to host a group of approximately thirty people from Leesburg, Florida last week at the Sundy House. Mayor Perlman stated they took a tour throughout the City and stayed overnight at the Colony Hotel. Mayor Perlman thanked City staff for their participation and stated the Leesburg folks were very impressed with the downtown housing and the amount of activity on Atlantic Avenue. Mayor Perlman stated he will be leaving tomorrow morning for the Florida Redevelopment Association Conference in Tampa and he was given the honor of speaking at one of the programs on downtown activities and the issue of density. Mayor Perlman stated they did the walk-a-thon for the NCCJ (National Conference for Community and Justice) sponsored by Office Depot. Mayor Perlman stated he had the opportunity to spend some time with Bruce Nelson (CEO of Office Depot) who would like to bring the walk-a-thon to his campus in Delray Beach next year. Mayor Perlman commented about the fashion show and stated Art & Jazz was a terrific night. Mayor Perlman stated he turned on his radio and on 850 am and he felt as though he was listening to a Delray Beach radio station because every story was about activities in Delray Beach. Mayor Perlman commented about Florida City Government Week and stated he and some City staff hosted a student for the day. Mayor Perlman stated he had the opportunity to go back to Plumosa Elementary School this morning to give those students that were not chosen to participate, a certificate of appreciation. Nancy King, Staff Assistant/Publication Editor provided stickers and other City items to these students. Mayor Perlman recognized and commended Nancy King for her efforts. Mayor Perlman stated he too received a copy of the letter Mr. Levinson referred to earlier and commented when a letter is not signed by someone in his opinion it has no credibility. Mayor Perlman thanked Commissioner Levinson and his wife Lori for hosting a great event Saturday evening at their home. Mayor Perlman stated the trees on AIA (from Linton Boulevard south to the Highland Beach line) look beautiful. This is part of the Beautification Program. Mayor Perlman stated on October 31, 2003 Addie Greene is hosting a tour through her district and she has invited the Mayors from the cities she represents to attend and focus on three projects in their district. Mayor Perlman stated he chose a general tour of the SouthWest section and NW/SW 5th Avenue. Mayor Perlman stated he is looking for a third project. All seven County Commissioners will be attending. The City Manager recommended the Catherine Strong Center. -16- 10/21/03 Mayor Perlman congratulated Jeff Costello, Assistant Planning Director, whose wife gave birth to their second baby boy. With regard to the C. Spencer Pompey bust unveiling last Friday evening, Mayor Perlman stated the ceremony was incredible. Mayor Perlman stated there was standing room only and the feeling in the room was overwhelming. Mayor Perlman stated Mrs. Pompey's speech was incredible and he commended Sharon Wood for a job well done. Mayor Perlman stated on Thursday, October 30th at 7:45 a.m. there will be a meeting at the Delray Beach Golf Course to discuss the Downtown Master Plan and the realignment of Federal Highway. In addition, Mayor Perlman announced on Friday, October 31, 2003 (Halloween) the Commission will be riding on the fire trucks through neighborhoods throughout the community which is a tradition Chief Koen started a few years ago. at 7:35 p.m. There being no further business, Mayor Perlman declared the meeting adjourned City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on October 21, 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. -17- 10/21/03 Mayor Pertman congratulated Jeff Costello, Assistant Planning Director, whose wife gave birth to their second baby boy. With regard to the C. Spencer Pompey bust unveiling last Friday evening, Mayor Perlman stated the ceremony was incredible. Mayor Perlman stated there was standing room only and the feeling in the room was overwhelming. Mayor Perlman stated Mrs. Pompey's speech was incredible and he commended Sharon Wood for a job well done. Mayor Perlman stated on Thursday, October 30th at 7:45 a.m. there will be a meeting at the Delray Beach Golf Course to discuss the Downtown Master Plan and the realignment of Federal Highway. In addition, Mayor Perlman announced on Friday, October 31, 2003 (Halloween) the Commission will be riding on the fire trucks through neighborhoods throughout the community which is a tradition Chief Koen started a few years ago. at 7:35 p.m. There being no further business, Mayor Perlman declared the meeting adjourned 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 October 21, 2003, which Minutes were formally approved and adopted by the City Commission on hloveatber /~, 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 atter review and approval which may involve some amendments, additions or deletions as set forth above. -17- 10/21/03