Loading...
11-04-03NOVEMBER 4~ 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, November 4, 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 South. The opening prayer was delivered by Reverend Richard Evans with Abbey Delray The Pledge of Allegiance to the flag of the United States of America was given. AGENDA APPROVAL. Mayor Perlman stated the CRA has requested Item 9.C., CRA Request to Release Liens be removed. Mayor Perlman noted the addition of Item 9.J., Direction Regarding the Recreation Centers, Parks and Cultural Facilities Bond Issue, by addendum. Mayor Perlman stated Item 10.D, Ordinance No. 43-03 and Item 10.E, Ordinance No. 44-03 have been postponed. 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: Mr. Levinson moved to approve the Minutes of the Regular Meeting of October 21, 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. 6. PROCLAMATIONS: 6oAo Recognizing and commending Brittany Roxbury Mayor Perlman read and presented a proclamation hereby recognizing and commending Brittany E. Roxbury on her many accomplishments and congratulates her on becoming the National 2003 AAU Junior Olympic Games Champion. Brittany E. Roxbury came forward to accept the proclamation. 6oBo Recognizing Rainberry Bay's 25th Anniversary Mayor Perlman read and presented a proclamation hereby recognizing Rainberry Bay on its 25th Anniversary in the City of Delray Beach, Florida. Jay Slavin came forward to accept the proclamation. 6oCo "Keeping the Charm Month" - November 2003 Mayor Perlman read and presented a proclamation hereby proclaiming the month of November 2003 as "Keeping the Charm" month. Diane Colonna, CRA Director, came forward to accept the proclamation. ° PRESENTATIONS: 7.A. "Spotlight on Education" - Judy Klinek, Director of Accelerated Academic Achievement (AAA) Plan Janet Meeks, Education Coordinator, stated they are continuing their "Spotlight on Education" this evening and as a result of "No Child Left Behind", Palm Beach County School District has implemented a new plan entitled "Accelerated Academic Achievement (AAA) Plan". Judy Klinek, Director of Accelerated Academic Achievement (AAA) Plan, stated this program was implemented last year as the Palm Beach County School District looked at ways to close the gap of students with high needs and increase their achievement level. Mrs. Klinek stated the one common element was to differentiate resources. Mrs. Klinek stated the first step was to determine which schools would receive additional support and resources. They used a weighted formula that included looking at the student population, the number of students on free and reduced lunch, the number of students with disabilities, and the number of students for which English is not their primary or first language. They then looked at the performance of these students last year on FCAT. Mrs. Klinek stated this has nothing to do with the schools grades but instead has a lot to do with the complicated high needs population of the schools. The majority of funding for this program comes from Amendment 9 which the voters of Florida passed last year to reduce class size, using federal money, and a very large grant was written to provide some additional resources. Mrs. Klinek stated they hope to see not only an occasional good grade but achievement raised for every student in these schools. -2- 11/04/03 7.B. Lights On After School Pro~ram - Joe Weldon Tonya Smith, Director for the Out of School Program, stated the "Lights on Afterschool" is the only nationwide event calling attention to Afterschool programs and their important role in the lives of children, families and communities. One selected student from each site wrote an essay about "What Afterschool Means to Me". The following individuals read their essays into the record: Jessica Oliveras - Delray Beach Community Center Jason-Ray Swaby - Pompey Park Recreation Center Corinthian Wilson - Pine Grove Elementary School CONSENT AGENDA: City Manager Recommends Approval. 8oAo RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their Quarter Annual Meeting of October 16, 2003. 8oBo SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD/RESOLUTION NO. 1-03: Approve South Central Regional Wastewater Treatment and Disposal Board's (SCRWTD) Resolution No. 1-03 modifying Resolution No. 9- 81 to allow SCRWTD to retain the collected Sinking Fund user charges rather than distributing them to the Cities of Delray Beach and Boynton Beach. 8.C. FINAL SUBDIVISION PLAT APPROVAL/HAMILTON PLACE: Approve the subdivision plat for Hamilton Place, located on the northeast corner of S.E. 6th Avenue and S.E. 3rd Street. 8oDo FDOT GENERAL USE PERMIT & HOLD HARMLESS AGREEMENT/ HAMILTON PLACE: Authorize the City to act as the utility permit applicant for the construction of a water main extension within the state right-of-way (located at the northeast corner of S.E. 3rd Street and northbound Federal Highway) and approve a Hold Harmless Agreement with the developer (Savion Developers at Park Place, L.L.C.). 8.E. ACCEPTANCE OF EASEMENT DEED/LONE PINE ROAD: Approve and accept an easement deed between Fine Built Construction, Inc. and the City to allow for the extension of a water main onto Lone Pine Road, located west of Davis Road and just south of the northern City boundary. 8.F. RESOLUTION NO. 74-03: Approve Resolution No. 74-03 assessing costs for abatement action required for the emergency board-up of an unsafe structure located at 2655 Dorson Way. The caption of Resolution No. 74-03 is as follows: -3- 11/04/03 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. 74-03 is on file in the City Clerk's Office.) 8.G. RESOLUTION NO. 75-03: Approve Resolution No. 75-03 assessing costs for abatement action required to remove nuisances on twenty (20) properties throughout the City. The caption of Resolution No. 75-03 is as follows: 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. 75-03 is on file in the City Clerk's Office.) 8.H. RESOLUTION NO. 76-03: Approve Resolution No. 76-03 assessing costs for action necessary to remove junked and/or abandoned vehicles from five (5) properties within the -4- 11/04/03 City. 8oio The caption of Resolution No. 76-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; 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; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (The official copy of Resolution No. 76-03 is on file in the City Clerk's Office.) CHANGE ORDER NO. 1/FINAL PAYMENT/RPM GENERAL CONTRACTORS, INC.: Approve Change Order No. 1 in the amount ora $310.36 decrease, and final payment in the amount of $4,545.69 to RPM General Contractors, Inc. for completion of the Pompey Park interior improvements Project. Funding is available from 334-4172-572- 46.10 (General Construction Fund/Building Maintenance). go Jo SERVICE AUTHORIZATION NO. 18/MATHEWS CONSULTING~ INC.: Approve Service Authorization No. 18 to Mathews Consulting, Inc. in the amount of $126,827.00 for engineering design services regarding Area 1 of the City's reclaimed water system. Funding is available from 441-5181-536-65.96 (Reclaimed Water Transmission). 8.K. RESOLUTION NO. 73-03: Approve Resolution No. 73-03 authorizing the City to purchase property for drainage retention located at Lot 14, Block B, Carver Memorial Park (N.W. 15~h Avenue), and Contract for Sale and Purchase between the City and the Rufus Norman Estate in the amount of $17,597.00. The caption of Resolution No. 73-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE CERTAIN REAL PROPERTY IN THE CITY OF DELRAY BEACH, WHICH PROPERTY IS LOCATED AT LOT 14, BLOCK B, CARVER MEMORIAL PARK AS MORE PARTICULARLY DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONDITIONS AND TERMS OF THE CONTRACT FOR SALE AND PURCHASE -5- 11/04/03 BETWEEN THE CITY OF DELRAY BEACH AND THE RUFUS NORMAN ESTATE. (The official copy of Resolution No. 73-03 is on file in the City Clerk's Office.) 8.L. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Approve and endorse the Art & Jazz on the Avenue scheduled for December 11, 2003 from 6:00 p.m. to 10:00 p.m., granting a temporary use permit per LDR Section 2.4.6(H) for the closure of Atlantic Avenue from Swinton to N.E. 7th Avenue, the south side of Atlantic Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic Avenue to N.E. 1st Street, N.E. 2nd Avenue from Atlantic Avenue to N.E. 2nd Street, and authorize staff support for security and traffic control, banner hanging and removal, barricade set-up/removal, trash removal and clean up, and use/set-up of City stages. 8.M. SPECIAL EVENT REQUEST/17th ANNUAL TURKEY TROT: Approve a special event request to allow the 17th Annual Turkey Trot to be held on Saturday, November 22, 2003 from 7:30 a.m. until approximately 8:30 a.m., including temporary use permit per LDR Section 2.4.6(H) for the closure and use of A-1-A from Casurina to George Bush Boulevard and Casurina from Gleason to A-1-A from 5:00 a.m. to approximately 10:00 a.m., and authorize staff support for security and traffic control, barricade set-up/removal, trash removal and clean up, use of small stage, and waiver of parking meter fees for Sandoway, Ingraham, and Anchor Park as well as along Atlantic Avenue from Venetian to A-1-A from 8:00 a.m. until approximately 10:00 a.m. 8.N. CHRIS EVERT PRO-CELEBRITY TENNIS CLASSIC: Approve an agreement between the City of Delray Beach and Chris Evert Charities, Inc. for the Chris Evert Pro-Celebrity Tennis Classic to be held at the Tennis Center on December 6-7, 2003. 8o0o APPOINTMENT OF OUTSIDE COUNSEL ON CASES RELATING TO MATTERS RAISED IN HOFFERT AND OTHER RELATED CASES: City Attorney seeks approval for outside council on above named cases. 8.P. DEVELOPER AGREEMENT/YORK BUILDERS~ INC.: Approve an agreement between the City and York Builders, Inc. in the amount of $10,600.00 for roadway improvements in the 1000 Block of S.W. 8~h Avenue. 8.Q. REQUEST FROM THE DELRAY BEACH GARLIC FESTIVAL: Approve a request from The Delray Beach Garlic Festival for the utilization of the parking lot owned by Dharma Holdings, LTD., located on Block 86 for a special event (Garlic Fest) to be held November 7, 2003 through November 9, 2003. 8.R. PAYMENT OF RETAINAGE/FLORIDA BLACKTOP: Approve payment of retainage plus interest to Florida Blacktop. The final payment for the N.E./N.W. project is $101,816.38; final payment for the S.E./S.W. project is $28,254.54. -6- 11/04/03 8.S. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period October 20, 2003 through October 31, 2003. 8oTo AWARD OF BIDS AND CONTRACTS: o o Contract award to Mora Engineering Contractors, Inc. in the amount of $109,773.37 for the construction of approximately 1200 feet of 24 inch reclaimed water main along the west side of the LWDD E-4 Canal north of Atlantic Avenue. Funding is available from 441-5181-536-65.96 (Reclaimed Water Transmission). Purchase award to R.B. Grove inc. in the amount of $31,400.00 for a 100 KVA trailer mounted generator. Funding is available from 442-5178-536- 64.90 (Water/Sewer Renewal and Replacement Fund/Other Machinery/Equipment). Purchase award to IBM Business Partner, Midrange Support and Service, Inc. in the amount of $582,932.00 via State Contract #250-000-031 for the purchase of two (2) iBM iSeries Servers, Model 9406-810. Funding is available from 334-6112-519-64.11 and 334-6112-519-66.10 (Repair and Replacement Fund). Mr. Costin moved to approve the Consent Agenda, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. o REGULAR AGENDA: 9oAo APPEAL OF ADMINISTRATIVE INTERPRETATION/ATLANTIC PALMS: Consider an appeal of an administrative interpretation regarding the direction to the Planning and Zoning Board that a site plan whether or not it meets the criteria under Section 4.4.6(1) should not be considered given the nature of the development proposal i.e.: a rezoning. (Quasi-Judicial Hearing) 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 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. Costin stated he had a discussion with Michael Weiner and Brenda Montago. Mrs. Archer stated she had a discussion with Michael Weiner and Larry Carlson and although she received a telephone message from Brenda Montago she did not speak with her. Ms. McCarthy stated she -7- 11/04/03 spoke to Michael Weiner and Brenda Montago. Mr. Levinson stated he spoke to Michael Weiner. Mayor Perlman had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2003-353 into the record. Mr. Dorling stated at their meeting of October 17, 2003, the Planning and Zoning Board considered a rezoning request from POC (Planned Office Center) to RM-11 (Medium Density Residential - 11 units per acre maximum) for a proposed development to be known as Atlantic Palms. Staff's presentation centered around the required findings of LDR Chapter 3, LDR Section 2.4.5(D)(5) (Rezoning Findings), LDR Section 3.2.2 (Standards for Rezoning Actions) as well as the associated comprehensive policies which require development of remaining properties to be of a density that is complimentary and appropriate given these adjacent and prevailing patterns of the surrounding area. The applicant's presentation centered on similar findings and included a detailed analysis of the proposed site plan for the project subject to performance standards of the LDR Section 4.4.6(I). In addition, he reiterated that the Planning and Zoning Board was told that this was a rezoning application and therefore a specific site plan was not appropriate to consider at this time. At this point, Mr. Dorling entered into the record additional documentation regarding the performance standards being reviewed at the site plan stage after a suffix had been applied. Michael Weiner, Attorney representing Atlantic Palms, stated this concerns the land development regulations and its interpretation. Mr. Weiner stated he is here this evening to consider a technical question concerning procedures on rezoning within the City of Delray Beach. Mr. Weiner stated everyone concurs that the Commission has to consider required findings of Chapter 3 and LDR 2.4.5(D)(5). However, Mr. Weiner stated what they do not agree on is whether or not LDR Section 4.4.6(1) should be considered. Mr. Weiner explained the seven standards for a rezoning are traffic calming, reduced massing, increased landscape setback, varied streetscapes, varying floor plans, open space and native habitats, bicycle and pedestrian networks. Mr. Weiner made reference to the words "approving body" of the ordinance and made reference to Article 2.2 of the LDR's - Establishment of Boards Section 2.2.2 - The Planning and Zoning Board, Subsection 2.2.2(E)(6) Duties, Powers, and Responsibilities - "The approval or denial of site and development master plans as required in certain "planned" zoning districts". Mr. Weiner reiterated that according to the language of the LDR's the Planning and Zoning Board has the authority to take the actions on site plans. Mr. Weiner stated he is requesting that the administrative interpretation be overturned and if the applicant requests at his option that a suffix be considered that he be allowed to exercise the powers that were given to the Planning and Zoning Board to consider a site plan in connection with a rezoning application. -8- 11/04/03 Mayor Perlman stated anyone from the public who would like to address the Commission regarding the appeal, to come forward at this time. No one from the public came forward to address the Commission regarding the waiver. At this time, Mr. Dorling stepped forward to give his rebuttal: Mr. Dorling stated Mr. Weiner's comment about establishing density with a suffix is incorrect information. Mr. Dorling stated to establish a maximum density with a suffix means performance standards are considered during the site plan process to establish the appropriateness of between six units and the maximum suffix applied. Secondly, Mr. Dorling stated the reference to LDR Section 2.2.2 talks about the Planning and Zoning Board and certain site development plans and explained this is for actions that are specifically designated for the Planning and Zoning Board to consider (i.e. site plans associated with SAD and site plans associated with a Master Plan development in which they have final action). Mr. Dorling stated the reference Mr. Weiner made to SPRAB being the entity in most cases which looks at site plans and explained the wording is like this to cover the two issues with the Planning and Zoning Board and HPB which sees site plans in the HPB district. In addition, he reiterated that the Planning and Zoning Board was told this was a rezoning application. At this time, Mr. Weiner stepped forward to give his rebuttal: Mr. Weiner stated he feels it is not up to the applicant to be a mind reader of the City Code. Mr. Weiner stated the words "approving body must make a finding" indicate that more than one body can do this. Mr. Weiner stated in 1999 the Director of Development at that time came before the Commission and in a rezoning stated performance standards are required. Mr. Levinson made reference to Slide #19 and stated site plans can change and he would hope that we zone based on compatibility with surrounding neighborhoods rather than zone based upon a particular site plan. Mr. Levinson expressed concern that once an applicant comes forward with a zoning request if they were to receive an RM zoning and then go to SPRAB or HPB and receive a designation suffix that makes it appropriate for them then they cannot go back to GC or whatever the zoning may be. Mr. Levinson stated there should be some methodology by which they reserve the right until the zoning is complete. any time. The City Attorney stated the applicant can withdraw their zoning application at The City Manager stated his interpretation of it would be when the site plan went to the Site Plan Review and Appearance Board they would have to make those determinations in order for the applicant to get more than six units to the acre. Mrs. Archer asked if something can be done to make the process a little easier for a developer to follow the guidelines. The City Manager stated the Commission needs to figure out a way to coordinate it so the developer does not end up with something he does not want or something different from what he actually applied for. -9- 11/04/03 Brief discussion followed by staff and the Commission. Mr. Levinson moved approval of the appeal, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - No; Ms. McCarthy - No; Mayor Perlman - No; Mr. Costin - No; Mrs. Archer - No. Said motion to approve the appeal was DENIED 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. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 41-03 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending Chapter 2, "Administrative Provisions", of the Land Development Regulations by amending 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. Prior to consideration of this item, a second reading/second public hearing has been scheduled to be held at this time. 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.) -10- 11/04/03 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 this amendment will clarify the process of approval necessary to accommodate the new seasonal attractions introduced by the City last year as part of the Thanksgiving/Christmas season events. At its meeting of October 20, 2003, the Planning and Zoning Board held a public hearing regarding this item and unanimously approved. Mayor Perlman declared the public hearing open. There being no one 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 Second Reading/Second Public Hearing, 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.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. -11- 11/04/03 (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. 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. 21-03, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 21-03 on Second and FINAL Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 42-03 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending Chapter 4, "Zoning Regulations", of the Land Development Regulations, Section 4.3.3(V) "Uses involving Alcoholic Beverages" to provide for a definition of alcoholic beverage that is consistent with State Statutes and a distance limitation between Stand Alone Bars. if passed, a second public hearing will be scheduled for November 18, 2003. Prior to consideration of passage of this ordinance on First Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 42-03 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 APPENDIX "A", BY AMENDING ALL DEFINITIONS RELATING TO ALCOHOLIC BEVERAGES AND ENACTING SOME NEW DEFINITIONS RELATING TO ALCOHOLIC BEVERAGES; AMENDING CHAPTER FOUR, "ZONING REGULATIONS"; SECTION 4.3.3(V), "USES iNVOLViNG ALCOHOLIC BEVERAGES", IN ORDER TO PROVIDE FOR A DEFINITION OF ALCOHOLIC BEVERAGE THAT IS CONSISTENT WITH STATE STATUTES AND A DISTANCE LIMITATION BETWEEN STAND ALONE BARS; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 42-03 is on file in the City Clerk's office.) -12- 11/04/03 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 amendment is being processed in order to obtain consistency with State Statutes as they relate to the definition of Alcoholic Beverages, and to provide clarification regarding the distance limitation between stand alone bars and provide specific distances. At its meeting of October 20, 2003, the Planning and Zoning Board held a public hearing regarding this item and there was one member of the public that had no objections to the amendment, but recommended some grammatical changes to the ordinance. After discussion, the Board voted 4-0 (Borchardt, Pike and Woehlkens absent) to recommend to the City Commission approval of the proposed amendment to LDR's Appendix "A .... Definitions" and Section 4.3.3(V) "Uses involving Alcoholic Beverages", in order to provide a definition of alcoholic beverage that is consistent with State Statutes and a distance limitation between Stand Alone Bars, based upon positive findings with LDR Section 2.4.5(M). The proposed ordinance includes the grammatical changes. Mayor Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 42-03, the public hearing was closed. Prior to the vote, Ms. McCarthy inquired about the definition of a "block" as part of the distance between stand alone bars. Mrs. Archer moved to approve Ordinance No. 42-03 on First Reading/First Public Hearing, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - No; Mayor Perlman - Yes. Said motion passed with a 4 to 1 vote, Ms. McCarthy dissenting. 10.D. ORDINANCE NO. 43-03 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending Chapter 4, "Zoning Regulations", of the Land Development Regulations, Section 4.3.3(AA) "Adult Entertainment Establishments" to amend the distance limitation between any adult entertainment establishment and alcoholic beverage establishment. if passed, a second public hearing will be scheduled for November 18, 2003. Prior to consideration of passage of this ordinance on First Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 43-03 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 -13- 11/04/03 DELRAY BEACH, AMENDING CHAPTER FOUR, "ZONING REGULATIONS"; SECTION 4.3.3(AA), "ADULT ENTERTAINMENT ESTABLISHMENTS", IN ORDER TO AMEND THE DISTANCE LIMITATION BETWEEN ALCOHOLIC BEVERAGE ESTABLISHMENTS AND ADULT ENTERTAINMENT ESTABLISHMENTS IN ORDER TO PROVIDE FOR A DISTANCE OF TWO HUNDRED (200) FEET BETWEEN ANY ALCOHOLIC BEVERAGE ESTABLISHMENT AND ANY ADULT ENTERTAINMENT ESTABLISHMENT; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 43-03 is on file in the City Clerk's office.) At the request of staff, this item has been postponed. 10.E. ORDINANCE NO. 44-03 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending Chapter 113, "Alcoholic Beverages", of the City Code of Ordinances, Section 113.20 "Prohibition of Nudity, Partial Nudity and Sexual Conduct at Alcoholic Beverage Establishments" to change distance limitations and include Stand Alone Bars. If passed, a second public hearing will be scheduled for November 18, 2003. Prior to consideration of passage of this ordinance on First Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 44-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AMENDING CHAPTER 113, "ALCOHOLIC BEVERAGES", SECTION 113.20, "PROHIBITION OF NUDITY, PARTIAL NUDITY, SEXUAL CONDUCT AT ALCOHOLIC BEVERAGE ESTABLISHMENTS", SUBSECTION (A) "DEFINiTiONS", iN ORDER TO PROVIDE FOR THE INCLUSION OF STAND ALONE BARS IN THE DEFINITION OF ALCOHOLIC BEVERAGE ESTABLISHMENT; AMENDING SUBSECTIONS (C) AND (D) IN ORDER TO PROVIDE FOR A DISTANCE OF TWO HUNDRED (200) FEET BETWEEN ANY ALCOHOLIC BEVERAGE ESTABLISHMENT AND ANY ESTABLISHMENT PERMITTING NUDITY; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 44-03 is on file in the City Clerk's office.) -14- 11/04/03 At the request of staff this item has been postponed. At this point, the Commission moved back to Item 9.B. of the Regular Agenda. 9.B. 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) The 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. Mrs. Archer stated she had a conversation with Jimmy Jacques about four months ago with regard to this request. Mr. Costin had no ex parte contacts to disclose. Mayor Perlman stated he has had brief conversations with Captain Musco, Captain Hartman, Officer Brady Myers, and an email with comments from Police Chief Larry Schroeder. Ms. McCarthy stated she saw an email from Police Chief Schroeder and spoke to Mr. Dorling. Mr. Levinson stated he received an email from Police Chief Larry Schroeder and also spoke to the City Manager about this item. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning project file #2003-217 into the record. Mr. Dorling stated the Excel Restaurant is described as a restaurant/nightclub and has an area to accommodate a live band and dance floor. The hours of operation proposed are from 5:00 p.m. - 3:00 a.m. Since the business is located within 300 feet of residentially zoned property (Delray Estates and Delray Beach Highlands) and will be open after 12:00 midnight, a conditional use approval must be obtained. The conditional use request was originally scheduled to be heard by the City Commission at its meeting of September 9, 2003; however, the Delray Beach Police Department requested that the City Commission postpone the item so that they could conduct a review of the proposal. On September 25, 2003, City staff met with the applicant concerning the conditional use request for Excel Restaurant. The results of the meeting were that either the applicant would submit a revised floor plan as it relates to the proposed conditional use request, or modify the conditional use request. The applicant submitted revised plans consistent with the requirements of their alcoholic beverage license. At its meeting of August 18, 2003, the Planning and Zoning Board considered the Conditional Use request and the Planning and Zoning Board had discussions on whether the security cameras would be recording and on future occupancy of the subject bays by another night club and whether they would need to return for conditional use approval. The Board had lengthy discussion regarding the hours of operation and recommended that the hours of operation be limited to 2:00 a.m. and then recommended approval of the conditional use subject to a -15- 11/04/03 security plan provided by the applicant; that the additional lighting is provided beneath the colonnade in compliance with the illumination standards of LDR Section 4.6.8; and, that at least one external security camera is installed in addition to the internal security cameras. The applicant's representative stated Delray Beach is in need of this type of restaurant not only for the Haitian population but to bring their culture to others. Mayor Perlman stated if anyone from the public would like to address the Commission regarding the Conditional Use request, to come forward at this time. Officer Robert Musco, Police Department, stated he is the District 2 Commander to which Excel Restaurant is presently located and commented that the Police Department has some concerns about some of the stipulations that have been made. One of the stipulations was the law enforcement handling the outside parking lot as part of an agreement. Mr. Musco stated the Delray Beach Police Department cannot guarantee that commitment. Captain Musco expressed concern over the hours of operation and the close proximity of the residential area. In addition, Captain Musco expressed concern over the permanent seating and that although this is a restaurant he feels the intention will be to turn it into a night club. At this point, the applicant's representative gave his rebuttal: He stated he understands the Police Officers have many other details to work and asked for a commitment on those nights they are available. On the evenings where the Delray Beach Police Department is not available he would provide third party security. He stated Delray Estates is less than 300 feet from the restaurant; however 90% of the residents in Delray Estates are Haitian and are asking for the type of business the applicant is proposing. Excel Restaurant will be open seven days a week and there will not be a live band during the week but may have a live band on Friday and Saturday evenings. With regard to the noise, he stated this was taken into consideration when the building was built and commented that the stage is in the back of the restaurant and the decibel level would not be high enough to disturb the surrounding community (Delray Estates). With regard to the seating, the Planning and Zoning Department was very helpful with their recommendations about what is needed and the applicant will comply with the requirements. Mr. Dorling stated the Commission can be very specific with respect to limiting the number of evenings for a live band to play and stated he would feel more comfortable if a limit was placed on it versus an open ended statement that it may happen two nights a week or maybe more. Mr. Dorling stated the noise issue is not necessarily inside the restaurant but what may occur outside in the parking lot. Mrs. Archer expressed concern that this restaurant is 300 feet from a residential area and that it is in a very large parking lot with a liquor store within close proximity. Mrs. Archer stated the proximity is too close and has the potential of creating some difficulties. -16- 11/04/03 Mr. Costin also expressed concern over the close proximity to the residential area and stated there is no buffer for the sound and noted it is located close to a retirement community, Abbey Delray South. Ms. McCarthy stated the liquor store in the shopping center closes at approximately 10:00 p.m. or 11:00 p.m. and is on the south side of the Winn Dixie, which stays open until 11:00 p.m. or 12:00 midnight. With regard to the noise inside versus the noise outside, Ms. McCarthy stated the noise from the inside is not as much of an issue as would be the activity in the parking lot which she feels is the responsibility of the owners. If the conditional use request is approved, Ms. McCarthy recommends it be closed prior to 3:00 a.m. Mr. Levinson stated he supports the business; however, he expressed concern over the hours of operation. Mr. Levinson stated even though a large percentage of residents in Delray Estates are Haitian there have been other situations where there have been night clubs and the neighbors were also of the same ethnic background and have not been happy. Mr. Levinson stated this use runs with the land and not the business. Therefore, Mr. Levinson stated he is concerned that by having a late night facility and if it is not successful and someone else comes into the shopping center this could potentially cause some big problems because of it running with the land and not the particular operator of the facility. Mayor Perlman stated he has some issues with the business and the hours of operation. Mayor Perlman stated a restaurant in the Haitian community would be welcomed but he feels this is a club. Mayor Perlman stated a night club 300 feet from a residential area could be problematic. Mayor Perlman continued to state he agrees with Police Chief Schroeder's concerns about using other security resources when we do not have the resources to handle the security. Mayor Perlman asked Captain Musco if there is any history of issues. Captain Musco stated Excel Restaurant was in violation of their liquor license approximately three months ago for not serving food as required. Captain Musco stated it was basically operating as a night club and not a restaurant at that time. Ms. McCarthy asked what promoted this violation to happen. Belony Excellent, owner of Excel Restaurant, stated with regard to Captain Musco's comments about Excel Restaurant receiving a warning for not serving food, Mr. Excellent explained some of the food is stored in a cooler and not all the food is actually out. Mr. Excellent stated he understands the rules and explained he also received a violation warning for having a smoking area and now he no longer has this smoking area. Captain Musco reiterated that according to Excel's 4COP license when they are opened, they must be serving food at all times. Accordingly food must represent 60% of the Restaurant's receipts with 40% coming from serving alcohol. A business with seating of 300 and opened until 2:00 a.m. requires an opened kitchen and Excel has already been in violation of this requirement. -17- 11/04/03 Mrs. Archer moved to approve the Conditional Use request for Excel Restaurant based upon the findings and recommendations of the Planning and Zoning Board subject to the conditions as listed in the Planning and Zoning Staff Report, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer - No; Mr. Levinson - No; Ms. McCarthy - No; Mayor Perlman - No; Mr. Costin - No. Said motion was DENIED with a 5 to 0 vote. 9.C. REQUEST TO REDUCE LIENS/COMMUNITY REDEVELOPMENT AGENCY: Consider a request from the Community Redevelopment Agency (CRA) to waive liens including the interest and administrative fees in the amount of $8,435.23 assessed for abating nuisances on property located on S.W. 7th Avenue. This item has been withdrawn by the CRA. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. ll.A. City Manager's response to prior public comments and inquiries. In response to prior concerns expressed by Charlotte Wright regarding nuisance abatement at 809 N.W. 2nd Street, the owner was cited on October 8, 2003 and the work should be completed this week. The City Manager stated the property located at 207-209 N.W. 9th Avenue was also cited for liter and debris and a notice was mailed on November 3, 2003. With regard to a concern expressed over the drainage in the area, the City Manager stated major drainage improvements were constructed on N.W. 2nd Street in 1992 which included a primary drainage trunk line and outfall between N.W. 3rd Avenue and N.W. 14~h Avenue eventually discharging to the Lake Worth Drainage District (LWDD) E-4 Canal. Drainage connections have been made to the outfall since then at various points in conjunction with additional roadway and drainage improvements. The City Manager stated the outfall line was designed to accommodate the additional flow from these connections as well as others that may be constructed in the future. There have been no reports of chronic flooding at the N.W. 2nd Street, 8th Avenue location. However, the City Manager stated staff will monitor the area to determine if problems exist that warrant additional attention. In response to a prior concern expressed by Mrs. Finst about the traffic exiting the gas station at Barwick Road and Atlantic Avenue, the City Manager stated staff has received complaints in the past about turning movements at the driveway turnout to Barwick Road primarily due to northbound traffic either wanting to turn west across southbound traffic to enter the gas station or to turn north out of the driveway to go north on Barwick Road. The City Manager stated since Barwick Road is a Palm Beach County road, the traffic issues must be addressed with the County. The City Manager stated earlier this year a letter was sent to the County requesting assistance with this problem and to date staff has received no response. The City Manager stated City staff will continue to follow up with County staff. Mr. Levinson stated he spoke to County staff in the beginning of the year and they were not interested in making any changes at this location. -18- 11/04/03 11.B. From the Public. ll.B.1. Glen Weiss, 2070 Homewood Boulevard, Delray Beach, encouraged the Commission to travel to Houston, Texas to see the works of lead artist Rick Lowe. Mr. Weiss stated this is an amazing circumstance of Mr. Lowe's ability to provide affordable housing in a neighborhood which cominues to build in terms of renovating the buildings and the neighborhood. Mr. Weiss stated it is imeresting to see how the arts affect a single family residemial neighborhood. ll.B.2. Allen D. Mentser, 1400 Allendale Road, Ste. #1, West Palm Beach, (President of the Affordable Home Company Buyers Investment Group, LTD.), commented about Item 9.C. being removed from the agenda and stated he concurs with the City Manager's memo recommending denial of the purchase. Mr. Mentser stated he has applied to staff in four separate letters of request dating back to May for lien abatement modifications/reductions on several parcels of vacant lots they have acquired in the City of Delray Beach; and stated to date they have not received a response or a procedure on how to approach the Commission. Mr. Mentser stated he sent Jim Drosakis, Director of Real Estate, to the City Manager's office yesterday to request a meeting and is waiting to hear back from staff. Mr. Mentser expressed disappointment that he has not yet received any response from staff. ll.B.3. Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, reviewed and read imo the record the five pedestrian/bike steps (a copy is attached herewith and made an official part of the minutes). ll.B.4. John Bennett, 137 Seabreeze Avenue, Delray Beach, distributed a flyer announcing the American Legion Milton Myers, Post 65 and Post 188 will conduct a memorial service in honor of our veterans of all wars on Tuesday, November 11, 2003 at 9:30 a.m. at the Delray Beach Municipal Cemetery. A spaghetti dinner will be hosted by the members of the American Legion Post 65 at their Post Home located at 263 N.E. 5~h Avenue, Delray Beach. In addition, Mr. Bennett announced VFW Post 4141 is having their commemoration at 11:00 a.m. at Veteran's Park. ll.B.5. Anna Richman, a resident of Delray Beach, stated she supports commems expressed by Mr. Smith and urged the Commission to give full consideration in recommendations along A-1-A to bikers and pedestrians that will enhance the village-like atmosphere of Delray Beach. At this poim, the Commission moved to Item 9.D. of the Regular Agenda. 9.D. SPECIAL EVENT REQUEST/CULTURAL LOOP: Consider approval for the establishment of the Cultural Loop, the Loop kick off day, and activities proposed for November 22, 2003 including waiver of LDR Section 4.6.7(L) to allow artwork to be hung on light poles, gram a temporary use permit per LDR Section 2.4.6(H) to allow the placemem of art work in the City's right-of-way for up to six (6) momhs, and the use of the drainage retemion area at S.W. 4~h Avenue and S.W. 1st Street for the event day, and authorize amendment to our banner hanging agreement with FPL for hanging artwork on their light poles. Staff assistance is -19- 11/04/03 also requested for transport of art work, post hole digging, and hanging artwork. Robert A. Barcinski, Assistant City Manager, stated this item is before the Commission for consideration for approval of the establishment of the Cultural Loop and to endorse the planned kick off day and activities proposed for November 22, 2003. The request also includes to waive LDR Section 4.6.7(L) to allow artwork to be hung on light poles, gram a temporary use permit per LDR Section 2.4.6(H) to allow the placemem of art work in the City's rights-of-way for up to six (6) months, and the use of the drainage retention area at S.W. 4th Avenue and S.W. 1 st Street for the event day, and to authorize amendment of our banner hanging agreement with FPL for hanging artwork on their light poles. Mr. Barcinski stated staff also recommends approval of the seven conditions listed in the agenda backup and noted a correction to #6 and stated it should read "48 signs versus 70" and not "36". Mrs. Archer moved to approve the special event request for the establishment of the Cultural Loop, subject to staff recommendations with the correction to #6 from 36 signs to 48 signs, 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. 9oto SETTLEMENT OF DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP) RULE CHALLENGE: Consider dropping the Departmem of Environmemal Protection (DEP) rule challenge regarding Rate Making by Water Managemem Districts and accept the settlement language. The City Attorney stated the Commission authorized staff to participate in a rule challenge as it pertains to water conservation rates. The City Attorney expressed concern over some language and would like to clarify that the water management districts do not have the ability to set rates and rate structures. The City Attorney stated staff is requesting that the Commission approve the settlement based on the proposed language with the ability to accept some modifications should they arise. Richard Hasko, Director of Environmental Services, stated there were several other municipalities and organizations that have also been challenging the DEP rule challenge; however stated many of the challengers have other issues with different portions of the proposed rule change and reiterated there are still some things that may change in the language because of the other challengers. Mr. Levinson moved to approve to authorize staff to settle the Environmental Protection (DEP) Rule Challenge subject to the proposed language, 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. -20- 11/04/03 9.F. PROPOSAL FOR SETTLEMENT/IDA AND LOUIS BARTOLOTTA v. CITY OF DELRAY BEACH: Consider acceptance of proposal for settlement subject to the receipt of appropriate releases in the Ida and Louis Bartolotta v. City of Delray Beach case. Staff recommends acceptance. The City Attorney stated staff recommends acceptance of the settlement offer. Mr. Costin moved to approve the proposal for settlement subject to the receipt of appropriate releases in the Ida and Louis Bartolotta v. City of Delray Beach, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9oGo APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint one (1) regular member to the Delray Beach Housing Authority for a four (4) year term ending October 27, 2007. Based on the rotation system, the appointment will be made by Commissioner Costin (Seat #1). Mr. Costin moved to appoint Gary Rosen (incumbent) as a regular member to the Delray Beach Housing Authority for a four (4) year term ending October 27, 2007, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.H. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint one (1) member to the Historic Preservation Board for an unexpired term ending August 31, 2005. Based upon the rotation system, the appointment will be made by Mayor Perlman (Seat #5). Mayor Perlman stated he wished to appoint Jeffrey Silberstein to the Historic Preservation Board for an unexpired term ending August 31, 2005. Mr. Costin so moved, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - No; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 4 to 1 vote, Mrs. Archer dissenting. 9oio APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint (15) members and two (2) student members to the Neighborhood Advisory Council for specified expiration dates as listed in the backup material for this agenda item. The appointments will be made based on the rotation system with each Commissioner appointing three (3) members, beginning with Commissioner Costin. The two student members will be appointed by Commissioners Costin and Archer. Mr. Costin moved to appoint Sandra Keener (Zone 1) as a member to the Neighborhood Advisory Council for a term ending October 31, 2004, 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 -21- 11/04/03 vote. Mrs. Archer moved to appoint Robert Gillespie (Zone 2) as a member to the Neighborhood Advisory Council for a term ending October 31, 2004, 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. Mr. Levinson moved to appoint Karen Lustgarten (Zone 3) as a member to the Neighborhood Advisory Council for a term ending October 31, 2004, 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. Ms. McCarthy moved to appoint Cory (Caroline) Cassidy (Zone 4) as a member to the Neighborhood Advisory Council for a term ending October 31, 2004, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. Mayor Perlman passed the gavel to Vice Mayor Levinson. Mr. Perlman moved to appoint Evelyn Dobson (Zone 5) as a member to the Neighborhood Advisory Council for a term ending October 31, 2005, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mr. Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. Mr. Costin moved to appoint Fred Fetzer (Zone 6) as a member to the Neighborhood Advisory Council for a term ending October 31, 2005, 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. Mrs. Archer moved to appoint George Braverman (Zone 1) as a member to the Neighborhood Advisory Council for a term ending October 31, 2005, 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. Mr. Levinson moved to appoint Sheldon Weil (Zone 2) as a member to the Neighborhood Advisory Council for a term ending October 31, 2005, 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. Ms. McCarthy moved to appoint Susan Kay (Zone 3) as a member to the Neighborhood Advisory Council for a term ending October 31, 2006, seconded by Mrs. Archer. -22- 11/04/03 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. Mayor Perlman passed the gavel to Vice Mayor Levinson. Mr. Perlman moved to appoint Mike Cruz (Zone 4) as a member to the Neighborhood Advisory Council for a term ending October 31, 2006, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mr. Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. Mr. Costin moved to appoint Gail Lee McDermott (Zone 5) as a member to the Neighborhood Advisory Council for a term ending October 31, 2006, 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. Mrs. Archer moved to appoint Harvey Starin (Zone 6) as a member to the Neighborhood Advisory Council for a term ending October 31, 2006, 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. Mr. Levinson moved to appoint Rita Ellis (Citizen-at-Large) as a member to the Neighborhood Advisory Council for a term ending October 31, 2004, 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. Ms. McCarthy moved to appoint Roy Fraker (Citizen-at-Large) as a member to the Neighborhood Advisory Council for a term ending October 31, 2005, 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. Mayor Perlman passed the gavel to Vice Mayor Levinson. Mr. Perlman moved to appoint Charles Stravino (Citizen-at-Large) as a member to the Neighborhood Advisory Council for a term ending October 31, 2006, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mr. Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. Mr. Costin moved to appoint Allison Mattocks as a student member to the Neighborhood Advisory Council for a term ending October 31, 2004, 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. -23- 11/04/03 Mrs. Archer moved to appoint Aaron Ussery as a student member to the Neighborhood Advisory Council for a term ending October 31, 2004, 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. 0.J. DIRECTION REGARDING THE RECREATION CENTERS~ PARKS AND CULTURAL FACILITIES BOND ISSUE: Commission approval of support members of the community to promote the bond issue and direction regarding the translation of the ballot into Creole. Mr. Levinson stated he would like to grant the authority to the Mayor to add a name(s) to the list so that if someone either writes in or calls, he can approve them to be support members of the Steering Committee to help support and promote the bond issue. For cost effectiveness, Mayor Perlman stated the Community Improvement Department may already have the neighborhood association presidents in an email database where the Commission can invite them to a meeting and have a presentation rather than mailing a letter. Ms. McCarthy stated Mayor Perlman's suggestion is a great idea and commented since this is city-wide she would like to ensure the word gets out to all boundaries of the City. After brief discussion, it was the consensus of the City Commission to give direction to the City Manager to proceed with the list of neighborhood presidents and names as suggested and work with the Community Improvement Department to set up a meeting with the Steering Committee before the end of the month. In addition, the City Commission gave direction to the City Clerk to proceed to translate the ballot into Creole. At this point, the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 45-03: An ordinance rezoning from AC (Automotive Commercial) to GC (General Commercial) for a 0.73 acre parcel of land located at the southwest corner of S.E. 6~h Avenue (northbound Federal Highway) and S.E. 9~h Street (550 S.E. 9~h Street). If passed, a quasi-judicial public hearing will be scheduled for November 18, 2003. Prior to consideration of passage of this ordinance on First Reading, a public hearing been scheduled to be held at this time. The caption of Ordinance No. 45-03 is as follows AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED AC (AUTOMOTIVE -24- 11/04/03 COMMERCIAL) DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED AT THE SOUTHWEST CORNER OF SE 6th AVENUE (NORTHBOUND FEDERAL HIGHWAY) AND SE 9th STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2003"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 45-03 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated the subject property is Lot 2B of a Replat of Lot 2 located at the southwest comer of S.E. 6th Avenue (Northbound Federal Highway) and S.E. 9th Street (550 S.E. 9th Street), which is zoned AC and is 0.73 acres. The proposal is to rezone the subject property from AC (Automotive Commercial) to GC (General Commercial) to accommodate a furniture store. At its meeting of October 20, 2003, the Planning and Zoning Board held a public hearing in conjunction with the request and after reviewing the staff report and discussing the proposal, the Board voted 4-0 (Borchardt, Pike and Woehlkens absent) to recommend approval of the rezoning request from AC to GC, based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the Comprehensive Plan. Mr. Costin moved to approve Ordinance No. 45-03 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager. The City Manager stated the County Commission had their Workshop meeting regarding Fire level of service standards. The County Commission noted that a study will be conducted of the proposed level of service standards to look at common dispatch and closest unit response and will report back on the cost information by January 27, 2004. The City Manager stated this is a group consisting of two City Managers, two Fire Chiefs, a Labor Representative, a member from the Palm Beach County Fire Service Committee, and one member from the -25- 11/04/03 County Fire Department. The City Manager stated he had a brief discussion with the City Manager in Boca today about the possibility of working together to do a parallel study. The City Manager stated he expects the County will select Tri-Data as a consultant which has previously been the consultant for the County's Fire Union as well as the County. 13.B. City Attorney. The City Attorney had no comments or inquires on non-agenda items. 13.C. 13.C.1. City Commission. Commissioner McCarthy Ms. McCarthy stated she had a great time riding on the fire trucks on Halloween night and commented about a child who was dressed up as a fire fighter. In addition, Ms. McCarthy commented about an emergency call she went on where a man drove a car off Lake Ida Road into the vacant lot on the comer of Lake Ida Road and N.W. 5~h Avenue. Ms. McCarthy stated the area was dark because only one street light was working and approximately 3-4 lights were out. Ms. McCarthy stated she spoke with FPL and they informed her that this issue will be addressed. With regard to Veteran's Day ceremonies, Ms. McCarthy asked Mr. Bennett to email a flyer to her so she can inform some other people who would be interested in attending those particular functions. 13.C.2. Commissioner Costin Mr. Costin commended the City Manager on his fiscal management and stated it looks like the City will need those reserves. Mr. Costin stated he too had an enjoyable time riding on the fire trucks distributing candy on Halloween night. 13.C.3. Commissioner Archer Mrs. Archer stated she enjoyed Halloween night and also went on two calls both of which were false alarms. Mrs. Archer stated she was in the Andover subdivision distributing candy and there were so many children the candy ran out. Mrs. Archer stated resources were sent out to get more candy in order to move to the next subdivision. Mrs. Archer commented she is looking forward to having Bill Wood come to be "Principal for the Day" at Seacrest Christian School next Wednesday. Mrs. Archer stated she will be out of town on November 22, 2003 and will therefore miss the Cultural Loop opening and the Sandoway House Gala. In addition, Mrs. -26- 11/04/03 Archer had the opportunity to attend the Ted Center Gala last Saturday evening and commented it was well attended. Mrs. Archer stated she has received several complaints about the barricades at Homewood Boulevard and Linton Boulevard. Mrs. Archer stated it appears the flashing lights on the barricades are out most of the time and as a result there have been several accidents. Mrs. Archer stated if the City could do something to get the barricade lights on it would be very helpful. 13.C.4. Commissioner Levinson Mr. Levinson stated he too had a great time Halloween and he went to Pine Grove Elementary School. Mr. Levinson commented about Linda Cartlidge, the new Principal at Pine Grove Elementary who was dressed as Glenda the good witch from the East. Mr. Levinson stated it was a great turnout and commended the Police Department for a job well done. Mr. Levinson noted after the stop at Pine Grove, they went to Carver Estates where Officer Michael Coleman was dressed up as McGruff. Mr. Levinson stated there was a tremendous amount of Police Officers who were there on their own time and provided resources of their own in order to provide for the children. Mr. Levinson commended Officer Jeff Messer, Javaro Sims, and several others for their efforts. Secondly, Mr. Levinson commented about the update provided by Nancy Davila, City Horticulturist and stated it is terrific. Mr. Levinson commended the City Manager and Department Heads for controlling the City's expenses and stated the surplus is great. Mr. Levinson stated Kids Fest was great and commented that Delray Beach was really alive. Mr. Levinson stated approximately nine neighborhood association presidents have informed him that they are glad that there is now a forum for them to be able to communicate in an official way with the City. 13.C.5. Mayor Perlman Post~ Officer publication). Police Officer Mayor Perlman announced for those people who do not receive The Palm Beach Johnny Pun was named honorable mention in Parade Magazine (a national Mayor Perlman stated this is the second consecutive year that a Delray Beach has been recognized nationally by Parade Magazine. Mayor Perlman commented about the SCAN Tour whereas people from Colorado, Tennessee, Utah, Connecticut, Tallahassee, and other places came to Delray Beach to study the downtown and transportation system. -27- 11/04/03 Mayor Perlman stated on October 1, 2003, he and the City Manager had the opportunity to take a tour of District 7 with Palm Beach County Commissioner Addie Greene. Mayor Perlman stated they saw a lot of different projects around the County and he feels many people were impressed by what they saw in Delray. Mayor Perlman stated the relationship is really good because all the County Commissioners attended. Mrs. Greene's district includes the City of Delray Beach and she will hopefully continue working with the City as she attempts to improve her district. Mayor Perlman commended Paul Dorling, Director of Planning and Zoning, and the CRA for their work on the US- 1 redevelopment meeting at the Golf Course. Mayor Perlman stated the discussion and the information was good and well attended. He suggested this type of forum be used in the future for other elements of the Downtown Master Plan. Mayor Perlman suggested that a proclamation be presented to Rhiannon Jeffrey, a student at Atlantic High School, who is setting national and world records in swimming. Mayor Perlman stated Halloween was great and commended Fire Chief Kerry Koen for the initial idea after the 9/11 disaster. Mayor Perlman stated the initial idea was an attempt to provide support and comfort throughout the neighborhoods in the community after such a national tragedy. Mayor Perlman stated he noticed there was a lot of appreciation for the effort and many people thanked the firefighters. Mayor Perlman thanked and commended Nancy King, Staff Assistant/Publication Editor for her work on the Board and Committee Appreciation Reception. He stated there were over 100 people in attendance and about thirty people joined him for dinner afterwards. Mayor Perlman stated Boynton Beach had a Commission and Mayoral Election and commented Mayor Broening and Commissioner Weiland worked well with the City of Delray Beach on municipal issues and the South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB). Mayor Perlman suggested that the Commission either send a card or call Mayor Broening and Commissioner Weiland because he feels it would be greatly appreciated. Mayor Perlman announced he will be in California on Friday, November 7, 2003, and will not attend the Workshop Meeting on November 11, 2003 or the Veteran's Day festivities. at 8:50 p.m. There being no further business, Mayor Perlman declared the meeting adjourned City Clerk -28- 11/04/03 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 November 4, 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. -29- 11/04/03 Mayor Perlman stated on October 1, 2003, he and the City Manager had the opportunity to take a tour of District 7 with Palm Beach County Commissioner Addie Greene. Mayor Perlman stated they saw a lot of different projects around the County and he feels many people were impressed by what they saw in Delray. Mayor Perlman stated the relationship is really good because all the County Commissioners attended. Mrs. Greene's district includes the City of Delray Beach and she will hopefully continue working with the City as she attempts to improve her district. Mayor Perlman commended Paul Dorling, Director of Planning and Zoning, and the CRA for their work on the US-1 redevelopment meeting at the Golf Course. Mayor Perlman stated the discussion and the information was good and well attended. He suggested this type of forum be used in the future for other elements of the Downtown Master Plan. Mayor Perlman suggested that a proclamation be presented to Rhiannon Jeffrey, a student at Atlantic High School, who is setting national and world records in swimming. Mayor Perlman stated Halloween was great and commended Fire Chief Kerry Koen for the initial idea after the 9/11 disaster. Mayor Perlman stated the initial idea was an attempt to provide support and comfort throughout the neighborhoods in the community after such a national tragedy. Mayor Perlman stated he noticed there was a lot of appreciation for the effort and many people thanked the firefighters. Mayor Perlman thanked and commended Nancy King, Staff Assistant/Publication Editor for her work on the Board and Committee Appreciation Reception. He stated there were over 100 people in attendance and about thirty people joined him for dinner afterwards. Mayor Perlman stated Boynton Beach had a Commission and Mayoral Election and commented Mayor Broening and Commissioner Weiland worked well with the City of Dekay Beach on municipal issues and the South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB). Mayor Perlman suggested that the Commission either send a card or call Mayor Broening and Commissioner Weiland because he feels it would be greatly appreciated. Mayor Perlman announced he will be in Califomia on Friday, November 7, 2003, and will not attend the Workshop Meeting on November 11, 2003 or the Veteran's Day festivities. at 8:50 p.m. There being no further business, Mayor Perlman declared the meeting adjourned City Clerk -28- 11/04/03 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 November 4, 2003, which Minutes were formally approved and adopted by the City Commission on November 18, 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. -29- 11/04/03 Five Ped/Bike Steps Remarks by Jim Smith Delray Beach City Commission Meeting of November 4, 2003 The State of Florida has long recognized the safety needs of A1A pedestrians and cyclists. In fact, improving Ped/Bike safety is one of the goals of the road-widening project. The MPO of Palm Beach County includes Ocean Blvd. in its Long Range Bike/Ped Facilities Plans; and just four months ago, the Delray Beach Tusk Team identified Ocean Blvd. as a key north/south route in its own recommended Ped/Bike Master Plans. Now, this Commission must make its own recommendation to FDOT. I don't envy yon. As politicians, you must each balance the nc~ and wishes of all your constituents. I don't have to tell you, that you can't please everyone. But, before you make your final recommendations, let's review five of the most important sub-decisions facing you. Number 1: Bicycle lanes - simply support FDOT'S current plan. FDOT design engineers know best how to build travel lanes, and they know best how to build safe bicycle lanes. Number 2: ask FDOT to build a sidewalk on the east side of Ocean Blvd. southward from Bush Blvd. approximately 600 feet to connect with the existing sidewalk. Filling in this sidewalk gap will mean that pedestrians will be able to cross at the traffic light rather than a less safe mid-block location. As an added benefit, it will not only result in 150 to 500 safer ped cr~sings every day; but, it will mean less traffic delays for already frustrated drivers since ped crossing will occur at a signalized traffic light and not result in yet another stop for motorists 600 feet down the road. Simply ask FDOT to include what was in their original plan. There is adequate existing ROW. Number 3: Ask FDOT to reulign Ocean Blvd. far enough to the east, between the northern end of the beach and Beach Drive to provide the necessary ROW on the west side, to complete the last remaining sidewalk gap between Bush Blvd. and the Sandowny House. Now, there is only enough room for either a bike lane or a sidewalk. If FDOT is unable or unwilling to realign the road, then n longer-term solution of ncqulring new ROW will be required. 'If this is the ease, let, s get a commitment from FDOT to complete it at a later date. Number 4: Ask FDOT to realign Ocean Blvd. far enough to the east between Casuarina and In~raham to provide the necessary ROW for both a bicycle lane and a sidewalk on the west side of the road. Now, there is only enough room for one or the other. Again, if FDOT is either unable or unwilling to realign the road, then a longer-term solution of acquiring new ROW will be required. Again let's get a commitment from FDOT. Number 5: Ask FDOT to build a new sidewalk on the east side of Ocean Blvd. from Casuarina to Linton. Simply ask FDOT to include what was in their original plan; again, there is more than enough ROW. There are three advantages of completing this sidewalk gap. Pedestrians like Charlyne and I who live east of Ocean Blvd., will not have to dart across the road four times every day. I'm not exnggerating...in the winter there is never a break in the traffiC! Charlyne and I often comment to one another that "we're risking our lives for health reasons". The second advantage is that pedestrians coming up from south of Linton will be able to cross a safer Ocean Blvd. rather than a six lane, always moving, Linton Blvd. The third advantage is that building a sidewalk on the east side will afford pedestx'/ans almost complete shade each morning. Thank you for listening. PS. Sources of funding for ROW acquisition: 1. MPO - Commissioner Archer is a long-term and effective member who has been able to obtain funding in the past. My understanding is that the MPO has some available funding for acquiring ROW to f'di in sidewalk gaps along state roads. 2. FDOT: Statute 335.066 (enacted last year) designates DOT as the agency responsible for safe paths to parks. 3. City of Deiray Beach: begin providing for I block/yr of ROW acquisition in successive capital budgets.