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11-18-03NOVEMBER 18, 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 18, 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 Susan A. Ruby, City Attorney Terrill Pyburn, Assistant City Attorney Barbara Garito, City Clerk 2_ The opening prayer was delivered by Reverend Nancy McCarthy with the Delray Beach Clergy Association. The Pledge of Allegiance to the flag of the United States of America was given. AGENDA APPROVAL. Mayor Perlman noted the addition of Item 9.A.l., Reconsideration of the City Commission's Decision/Excel Restaurant to the regular agenda by addendum. Mr. Levinson requested Item 8.G., Utility Improvement Agreement/City Center Development, L.L.C. be moved to the regular agenda as Item 9.A.2. Mr. Costin 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: Mr. Costin moved to approve the Minutes of the Regular Meeting of November 4, 2003, 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. 6. PROCLAMATIONS: 6oAo Recognizing and commending Delray Medical Center Mayor Perlman read and presented a proclamation hereby recognizing and commending Delray Medical Center for their many outstanding achievements, awards and their commitment to providing a full range of superior health care services to our community. The following individuals came forward to accept the proclamations: Dr. Mitch Feldman, CEO Jeffrey Newman, MD (Thoracic Surgeon) Alan Zelcer, MD (Interventional Cardiologist 6.B. Recognizing and commending Jewish War Veterans Ladies Auxiliary National President - Emma-Lou Rosenstein Mayor Perlman read a proclamation hereby recognizing and commending Jewish War Veterans Ladies Auxiliary National President Emma-Lou Rosenstein for her many and varied accomplishments, and congratulate her on her achievements as a fine example of a dedicated American. ° PRESENTATIONS: 7oAo Site Plan Review and Appearance Board (SPRAB) Awards Gary Eliopoulos, Chairman of the Site Plan Review and Appearance Board (SPRAB), stated this is the 12th Annual Award Recognition Program and the awards are given to those property owners and their design teams who have significantly contributed to the beauty of the community through creative design or renovations to existing properties. Mr. Eliopoulos recognized the other six members of the Site Plan Review and Appearance Board (SPRAB) and presented the SPRAB awards to the 2003 award recipients. · Nancy J. Stewart, Vice Chair · Deborah D. Dowd, Second Vice Chair · Mark Gregory (Sign Contractor) · Roger Cope (Architect) · Mayer Abbo (Architect) · Daniel Carter (Landscape Architect) -2- 11/18/03 NEW COMMERCIAL DEVELOPMENT Fidelity Federal Bank Fidelity Federal Bank & Trust (Owner) REG, Inc. (Architect) Kilday & Associates, Inc. (Landscape Architect) The Colony Holiday Management Associates, Inc. (Owner) Merv Weinstein (Architect) Michael Schale Landscape Architect and Associates, P.A. (Landscape Architect) NEW INDUSTRIAL DEVELOPMENT Cobra Construction Cobra Construction Kenneth Carlson (Architect) Kevin E. Holler (Landscape Architect) RESIDENTIAL DEDEVELOPMENT Co-Winners: Renaissance Village North Atlantic Realty Group (Owner) Pasquale Kuritzky Architecture, Inc. (Architect) Dan Carter (Landscape Architect) EXTERIOR RENOVATIONS Spanish River Resort Tallmar, Inc. (Owner) Eliopoulos and Associates, Inc. (Architect) Jerry Turner & Associates (Landscape Architect) SlGNAGE 505 Teen Center Ian Plosker (Delray Beach Youth Council President) Frank McKinney (Delray Beach Youth Council) Lula Butler (Delray Beach Youth Council) Camilucci Signs (Sign Contractor) 7oBo City of Delray Beach Residents Academy Certificates - Janet Meeks Janet Meeks, Education Coordinator, presented the following individuals with certificates for completing the Residents Academy: · Pam Atkinson · Hunter Jones · Nathalee Barnes · Jayne King · Leonard Butler · Richard Knighton · Anita Chachkin · Sylvie Hopkins · Greg L. Deitsch · Karen Lustgarten · Alice Finst · Derline Peirre-Louis · John Hallahan · Judi Wilkis · Debra Kaiser, Ph.D. · Patricia Wright · Jack Licht 8_ CONSENT AGENDA: City Manager Recommends Approval. 8.A. FINAL BOUNDARY PLAT APPROVAL/HERITAGE CLUB: Approve the boundary plat for Heritage Club (a.k.a. Park Place Townhomes), located on the south side of S.E. 10th Street between Federal Highway and Old Dixie Highway. 8oao ACCEPTANCE OF EASEMENT DEEDS/TOWNPLACE AT DELRAY: Approve and accept easement deeds from David Stern and Savion Developers, L.L.C. for the maintenance of a sidewalk along N.E. 6th Avenue. 8.C. FLORIDA EAST COAST RAILWAY COMPANY (FEC)/ATLANTIC AVENUE CROSSING: Approve paymem in the amoum of $45,453.57 to the Florida East Coast Railway Company for reconstruction of the East Atlantic Avenue crossing. Funding is available from 334-3162-541-61.17 (General Construction Fund/Street Reconstruction). 8.D. RESOLUTION NO. 77-03: Approve Resolution No. 77-03 supporting expansion of the membership of the Palm Beach Metropolitan Planning Organization (MPO) to include voting representatives for Greenacres, Royal Palm Beach, and Wellington. The caption of Resolution No. 77-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING EXPANSION OF THE MEMBERSHIP OF THE PALM BEACH METROPOLITAN PLANNING ORGANIZATION TO INCLUDE VOTING REPRESENTATIVES FOR THE TOWN OF GREENACRES, VILLAGE OF ROYAL PALM BEACH AND VILLAGE OF WELLINGTON. (The official copy of Resolution No. 77-03 is on file in the City Clerk's office.) 8oto LICENSE AGREEMENT/WORLDWIDE ENTERTAINMENT, INC: Approve a license agreement between the City of Delray Beach and Worldwide Entertainment, Inc. for events to be held at the Delray Stadium. 8.F. AGREEMENT/VILLAGE FOUNDATION: Approve an agreement between the City and the Village Foundation, inc. in the amoum of $52,130.00 for a partnership with the Delray Beach Parks and Recreation Department for teen programming at Pompey Park. Funding is available from 001-4127-572-83.01 (Parks & Recreation/C.S. Pompey Recreation Facility/Other GraMs and Aids). 8oGo THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.2. 8.H. CHANGE ORDER NO. 2/REED LANDSCAPING, INC.: Approve Change Order No. 2 in the amoum of a $43,426.16 decrease to Reed Landscaping, inc. for the Lake ida Road Beautification Project. Funding is available from 119-4151-572-63.20 (Beautification -4- 11/18/03 Trust Fund/Landscaping/Beautification). 8.I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period November 3, 2003 through November 14, 2003. go Jo AWARD OF BIDS AND CONTRACTS: 1_ Purchase award to Otto Industries Systems in the amount of $23,444.00 for the purchase of garbage carts with lids as a sole source purchase. Funding is available from 433-3711-534-49.35 (Sanitation/Cart Renewal and Replacement). Mr. Costin moved to approve the Consent Agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A. REQUEST TO REDUCE LIENS/COMMUNITY REDEVELOPMENT AGENCY: Consider a request from the Community Redevelopment Agency (CRA) to waive the interest and administrative fees in the amount of $3,547.03 assessed for abating nuisances on property located at 222 S.W. 3rd Avenue. The Community Redevelopment Agency is prepared to pay the remaining lien of $2,313.60. Staff recommends approval. Due to a conflict of interest, Mayor Perlman stepped down and passed the gavel to Vice Mayor Levinson. Lula Butler, Director of Community Improvement, stated this is a request from the CRA to reduce a portion of the liens assessed for property located at 222 S.W. 3rd Avenue. The CRA agrees to pay the City's out-of-pocket costs and noted the amount by which the liens are to be reduced is $3,547.03. The CRA is willing to pay the remaining lien of $2,313.60. Staff recommends approval of the request. Staff recommends approval of the request. Mr. Costin moved to approve the request from the CRA to waive the liens in the amount of $3,547.03 for property located at 222 S.W. 3rd Avenue with the provision that the balance of the liens will be paid within 30 days, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission moved to Item 9.A. 1. 9.A.1. RECONSIDERATION OF THE CITY COMMISSION'S DECISION/EXCEL RESTAURANT: The applicant is requesting a reconsideration of the City Commission's denial of the conditional use request 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 -5- 11/18/03 Linton Boulevard and Congress Avenue. Ms. McCarthy moved to reconsider the Excel Restaurant Conditional Use request at the December 2, 2003 regular meeting, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman - No; Mr. Costin - No; Mrs. Archer - Yes; Mr. Levinson - No; Ms. McCarthy - Yes. Said motion to reconsider the Conditional Use request was DENIED with a 3 to 2 vote. 9.A.2. UTILITY IMPROVEMENT AGREEMENT/CITY CENTER DEVELOPMENT, L.L.C.: Approve a utility agreement between the City and City Center Development, L.L.C., developers of Ocean City Lofts, in the amount of $59,970.00 for the installation of utility improvements (sanitary sewer, drainage, and reclaimed water) on N.E. 4th Avenue. Funding is available from 441-5181-536-65.96 (Reclaimed Water Transmission), 442- 5178-536-63.51 (Sanitary Sewer Upgrades), and 448-5461-538-65.81 (N.E. 4~h Avenue). Mr. Levinson declared a conflict of interest with this item. Ms. McCarthy moved to approve the Utility Improvement Agreement/City Center Development, L.L.C., seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. 9.B. REQUEST TO REDUCE LIENS/ARSALI: Consider a request from Mr. Nicholas Arsali to waive the interest and administrative fees totaling $3,443.38 assessed for abating nuisances on property located at 231 N.W. 8~h Avenue. Mr. Arsali is prepared to pay the City's out-of-pocket expenses in the amount of $7,329.90. Staff recommends approval. Lula Butler, Director of Community Improvement, stated this item is a request from Nicholas Arsali (private investor) who has acquired a lot located at 231 N.W. 8th Avenue and has a pending sales contract with the CRA. He intends to make this lot available to the Renaissance Program under the City's Affordable Housing Program. The total assessed amount is $10,773.28 and the City's actual out-of-pocket costs are $7,329.90. Mr. Arsali is requesting a reduction in the lien equal to the accrued interest and administrative fees in the amount of $3,443.38. Staff recommends approval of the request. Mr. Levinson moved to approve the request from Mr. Arsali to waive the interest and administrative fees in the amount of $3,443.38, 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. 9.C. REQUEST TO REDUCE LIENS/ROBINSON: Consider a request from Ms. Jacqueline Robinson to waive the interest and administrative fees totaling $1,156.06 assessed for abating nuisances on property located at 45 S.W. 13th Avenue. Ms. Robinson is prepared to pay the City's out-of-pocket expenses in the amount of $4,617.28. Staff recommends approval. Lula Butler, Director of Community Improvement, stated this item is a request from Ms. Jacqueline Robinson (property owner) to have liens reduced by 100% and staff -6- 11/18/03 recommends being consistent with the policy adopted by the City Commission and waiving the reduction based upon the amount of assessed interest and administrative fees. Mrs. Butler explained Ms. Robinson currently has a contract for sale of this property to Grayhawk Development Corporation which is one of the local builders under the Renaissance Program and he intends to build a single family home on this property under the City's Affordable Housing Program. Ms. Robinson is prepared to pay the City's out-of-pocket expenses in the amount of $4,617.28. Staff recommends approval of a reduction of the liens in the amount of $1,156.06. Mrs. Archer moved to approve a reduction of the liens for Ms. Jacqueline Robinson for property located at 45 S.W. 13th Avenue as recommended by staff, 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. 9.D. RESOLUTION NO. 78-03: Consider approval of Resolution No. 78-03 authorizing the City of Delray Beach to issue Revenue Bonds not to exceed $9,685,000 for the purpose of refinancing the City's 2002A, 2002B, and 1999 Revenue Bonds, and the cost associated with the new library project. The caption of Resolution No. 78-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $9,685,000 1N AGGREGATE PRINCIPAL AMOUNT OF REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2003, OF THE CITY OF DELRAY BEACH, FLORIDA FOR THE PURPOSE OF REFINANCING CERTAIN OUTSTANDING REVENUE OBLIGATIONS OF THE CITY AND FINANCING CERTAIN CAPITAL COSTS ASSOCIATED WITH A NEW LIBRARY PROJECT AND PAYING ALL INCIDENTAL AND NECESSARY COSTS RELATING THERETO; DETERMINING THE NEED FOR A NEGOTIATED SALE OF SUCH BONDS TO SUNTRUST BANK; PROVIDING FOR THE TERMS AND PAYMENT OF SAID REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2003, AND THE RIGHTS, REMEDIES AND SECURITY OF THE OWNERS THEREOF; MAKING CERTAIN COVENANTS RELATING TO THE ISSUANCE OF SAID REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2003; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION OF A BOND PURCHASE AGREEMENT WITH SUNTRUST BANK; DESIGNATING THE REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2003 AS "QUALIFIED TAX-EXEMPT OBLIGATIONS" WITHIN THE MEANING OF SECTION 265(b) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, AUTHORIZING THE PROPER OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN -7- 11/18/03 CONNECTION WITH THE ISSUANCE OF SAID BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 78-03 is on file in the City Clerk's office.) The City Manager stated this is to refinance the short term borrowing in conjunction with the high school property and the Barwick property acquisition and sale. In addition, the City Manager stated to finance the parking garage for the library and to refinance 1990 Revenue Bonds because the City can get a better interest rate. Ms. McCarthy moved to approve Resolution No. 78-03, 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. 9oto PROPOSAL FOR SETTLEMENT IN MARTINEZ v. CITY OF DELRAY BEACH: Consider a Proposal for Settlement in the amount of $5,000.00 in Martinez v. City of Delray Beach. Staff recommends acceptance. Mr. Costin moved to approve the settlement in Martinez v. City of Delray Beach, 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. 9oFo PROPOSAL FOR SETTLEMENT IN ERNESTO FIGUEROA v. CITY OF DELRAY BEACH: Consider a Proposal for Settlement in the amount of $50,000.00 in Ernesto Figueroa v. City of Delray Beach. Staff recommends denial. Mrs. Archer moved to approve the proposal for settlement in Ernesto Figuero v. City of Delray Beach, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Costin- No; Mrs. Archer- No; Mr. Levinson- No; Ms. McCarthy- No; Mayor Perlman - No. Said motion was DENIED with a 5 to 0 vote. 9.G. APPOINTMENTS TO THE EDUCATION BOARD: Appoint two (2) student members to the Education Board, one (1) for a two (2) year term ending July 31, 2005 and one (1) for a one (1) year term ending July 31, 2004. Based on the rotation system, the appointments will be made by Commissioner Levinson (Seat #3) and Commissioner McCarthy (Seat #4). Mr. Levinson moved to appoint Jessica Thomas as a member to the Education Board for a two term ending July 31, 2005, 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. Ms. McCarthy moved to appoint Charline Guillaume as a member to the Education Board for a one year term ending July 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 vote. -8- 11/18/03 9.H. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint the following members to the Nuisance Abatement Board; two (2) regular members for unexpired terms ending March 31, 2004 and March 31, 2005 and one (1) alternate member for an unexpired term ending March 31, 2005. Based upon the rotation system, the appointments will be made by Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), and Mayor Perlman (Seat #5). Mr. Levinson stated he wished to defer his appointment until the regular meeting of December 2, 2003. Ms. McCarthy moved to appoint Joe Williams as a regular member to the Nuisance Abatement Board for an unexpired term ending March 31, 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. Mayor Perlman stated he wished to appoint Susan Kay as an alternate member to the Nuisance Abatement Board for an unexpired term ending March 31, 2005. Mr. Costin so moved, 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. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. ll.A. City Manager's response to prior public comments and inquiries. With regard to a concern expressed by Commissioner McCarthy about street lights not working at Lake Ida Road and N.W. 5~h Avenue, the City Manager stated there is a service ticket (#9707) assigned from FP&L to repair those lights and staff will be contacted when the work is completed. With regard to a concern expressed by Commissioner Archer about the nonfunctional barricade lighting at Linton Boulevard and Homewood Boulevard, the City Manager stated this is a Palm Beach County project and staff has contacted the Palm Beach County Construction Coordination Division as well as onsite County inspection staff and contractor's representatives and request that they verify and maintain the operational status of all the construction barricades and associated lighting throughout the project. Mr. Levinson stated the evening of March 2, 2004 is the beginning of Palm Beach County Day in Tallahassee and therefore the regular City Commission meeting scheduled for March 2, 2004 has to be rescheduled. It was the consensus of the Commission to reschedule the Regular City Commission meeting from March 2, 2004 to Thursday, March 11, 2004 immediately following the Special Meeting. Mayor Perlman stated he has a conflict with the regular City Commission meeting scheduled for January 22, 2004 because he will be attending the U.S. Conference of Mayors. It -9- 11/18/03 was the consensus of the Commission to reschedule the Regular City Commission meeting from January 22, 2004 to January 13, 2004 immediately following the Workshop meeting, however there will still be a Special meeting on January 22, 2004 to ratify the Bond Election. 11.B. From the Public. ll.B.1. Jayne King, 3400 Place Valencay, Delray Beach, (President of Progressive Residents of Delray), speaking on behalf of PROD, stated at the October 21, 2003 regular City Commission meeting insulting comments were made about a progressive organization of residents. Mrs. King requested an apology both in writing within 48 hours and this evening. ll.B.2. Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, expressed concerns over the lack of staffing in the MIS Department and suggested the City hire a computer programmer. Mr. Smith stated this would be an investment because the end result will be obtained more quickly of having an online permitting system. Mr. Smith urged the Commission to reconsider its goals. ll.B.3. Jean Beer, 2145 S.W. 26th Terrace, Delray Beach, stated she has spent many years working hard to make the city a better place and commented she has taken many stands that have been labeled negative or impossible. Mrs. Beer stated there are times when people have an opinion different from the "accepted" opinion and urged the Commission to value the opinions of everyone and listen to both sides of the story. ll.B.4. Lisa Schuchert, 2702 Peer Lane, Delray Beach, stated she is a resident of Imperial Villas and the roofing conditions are a disaster. Mrs. Schuchert stated the homeowners' were very concerned when the project was initiated and they tried to approach the Board with their concerns. Mrs. Schuchert stated the Board ignored concerns of the homeowners' and this is when they brought it to the City's attention. Mrs. Schuchert stated she would like to know who attended the recent meeting between the Imperial Villas Board and the City and what was discussed. Mrs. Schuchert stated the Board is not listening to the people and the homeowners' who live in Imperial Villas year round need to be protected. The City Manager stated Mrs. Butler did inform him there may be some people in attendance this evening from Imperial Villas and reiterated that the City is not going to get in the middle of this dispute. Furthermore, the City Manager stated the City is not going to give a final inspection or certificate of occupancy until the roofs meet Code and the contractor and Board have been informed of such. The City Manager stated staff will contact her with the results of the meeting. 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. 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 -10- 11/18/03 corner of S.E. 6th Avenue (northbound Federal Highway) and S.E. 9th Street (550 S.E. 9th Street). 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. Quasi-Judicial Hearing 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 COMMERCIAL) DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED AT THE SOUTHWEST CORNER OF SE 6TM AVENUE (NORTHBOUND FEDERAL HIGHWAY) AND SE 9TM 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. Mayor Perlman read into the record the City of Delray Beach procedures for conducting a Quasi-Judicial Hearing for this item. 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. No ex parte communications were disclosed. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning project file #2003-357 as well as #94-085. Mr. Dorling stated currently the site has a 2,490 square ft. structure and associated parking. The building was constructed in 1976 as a service building associated with the Wallace Ford auto dealership and since then the structure has been occupied by Meineke Muffler and re- occupied by Cottman Transmission Center (a specialized service shop), which vacated the site earlier this year and the owner is now seeking a rezoning from AC (Automotive Commercial) to GC (General Commercial). At is meeting of October 20, 2003, the Planning and Zoning Board held a public hearing and recommended approval of this rezoning request. -11- 11/18/03 Salvatore Ciccone, Attorney representing the parties to a lease for this particular commercial location, stated this location was once a Meineke Muffler Store and in staff's recommendation for approval they would like a storefront faCade created where the overhead doors are which was used for vehicles to pull in for service. Mr. Ciccone stated this is a very expensive and permanent change that is being recommended in order for this property to become a viable commercial location. Mr. Ciccone stated he appreciates the City recommending approval; however, with regard to the detailed improvements such as removing the overhead service bay doors and creating a storefront faCade, he feels this is beyond the means of the tenant who signed a lease to use this commercial location. Mr. Ciccone stated his client respectfully requests approval of the rezoning. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 45-03, the public hearing was closed. Mr. Ciccone stated it was noted in the Planning and Zoning Report that there is a handicap facility problem and this was a Meineke Muffler store beforehand. Being that the storefront faCade is on 9th Street, Mr. Ciccone asked what type of violation his client would be in if they were to have an occupational certificate with regard to handicapped persons. In response, Mr. Dorling stated they have to comply with handicap requirements and stated this would be a site plan issue and not a zoning issue. Mr. Dorling stated when there is a GC (General Commercial) district which does not allow auto related uses then it becomes appropriate to go through a site plan modification and to make it a retail faCade. Mr. Dorling noted this would be a permanent change; however, if the rezoning is being changed to GC which allows retail uses then it is appropriate because auto uses are not allowed in the GC district. Therefore, Mr. Dorling stated the zoning is being changed from auto to retail. Mr. Dorling stated there was a situation where there was an auto use and a furniture store used the auto bay areas to display furniture and the overhead doors were lifted for retail sales. Mr. Dorling stated any renovation changes need to go through the site plan modification process and this site does not lend itself to any outside display. Mr. Ciccone reassured the Commission that there would be no issue with outside storage. Mr. Costin asked Mr. Dorling who is initiating this rezoning. In response, Mr. Dorling stated this is a privately initiated petition by the property owner. Mr. Levinson stated he has no problem with the rezoning of GC (General Commercial) assuming there were no modifications to the building and asked what would precipitate a SPRAB review. In response, Mr. Dorling stated a change in use would precipitate a SPRAB review. Mrs. Archer moved to adopt Ordinance No. 45-03 on Second and FINAL Reading subject to the findings in the Planning and Zoning Staff Report, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson -12- 11/18/03 -Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 42-03 (SECOND READING/SECOND 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. 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. 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.) 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 after discussion the Board voted 4-0 (Borchardt, Pike and Woehlkens absent) to recommend approval of the proposed amendment to LDR Appendix "A" "Definitions" and 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, based upon positive findings with LDR Section 2.4.5(M). -13- 11/18/03 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. Mrs. Archer moved to adopt Ordinance No. 42-03 on Second and FINAL Reading, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 10.C. 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 December 2, 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 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.) 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 at its meeting of October 20, 2003, the Planning and Zoning Board recommended approval of an LDR amendment regarding distance limitations between alcoholic beverage establishments and adult entertainment establishments. The amendment included changing the distance limitation between any alcoholic beverage establishment and any adult entertainment establishment from -14- 11/18/03 750 feet to 200 feet. The amendment also included a change to the manner in which the distance is measured from lot line to lot line along a straight airline route, to the shortest route of ordinary pedestrian travel. At its meeting of November 17, 2003, the Planning and Zoning Board recommended approval subject to the positive findings necessary in the LDR's. The City Attorney stated on page three of the ordinance the forward slash between the words Railroad/Corridor should be omitted. Mayor Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 43-03, the public hearing was closed. Ms. McCarthy moved to approve Ordinance No. 43-03 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.D. 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 December 2, 2003. Prior to consideration 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 SUBSECTION (C) 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. -15- 11/18/03 (The official copy of Ordinance No. 44-03 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. Terrill Pyburn, Assistant City Attorney, stated the changes to this ordinance are substantially the same as the changes to LDR Section 4.3.3(AA). The City Attorney stated on page three of the ordinance the slash between the words Railroad/Corridor should be omitted. Mrs. Archer asked for clarification why this is being reduced from 700 feet to 200 feet. Terrill Pyburn, Assistant City Attorney, stated this is a result of recent legal studies and staff would like to update the ordinance to make it consistent with new case law. Mayor Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 44-03, the public hearing was closed. Mrs. Archer moved to approve Ordinance No. 44-03 on First Reading/First Public Hearing, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. At this time, Mayor Perlman reopened and continued with Item 11, Comments and Inquiries on Non-Agenda Items from the Public. ll.B.5. Patricia Wright, 255 N.W. 14th Avenue, Delra¥ Beach, expressed concern over 1331 N.W. 3rd Street and stated there is now trash in the yard and no landscaping. Mrs. Wright stated this property has been vacant for years and commented it is a real nuisance. The City Manager stated staffwill provide Mrs. Wright with an update. 11.B.6. Virginia Snyder, 38 S. Swinton Avenue, Delra¥ Beach, expressed concern over a house (3rd house from Doc's on Swinton Avenue) which has been an eyesore for many years. In addition, Mrs. Snyder stated a house located on 9th Street has been boarded up and vacant for years and it too is an eyesore. Mrs. Snyder urged the City to review the Codes to enforce that either the owner fixes the structure, demolish it or sell it. 12. FIRST READINGS: None. -16- 11/18/03 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager. The City Manager commented about an email the Commission received from Jim Smith following the death of a bicyclist at Congress Avenue and S.W. l0th Street. The City Manager stated Congress Avenue is a County Road and north of Atlantic Avenue has been resurfaced and re-stripped so that there is an undesignated bicycle lane on both sides. The City Manager stated the area south of Atlantic Avenue has not been completed yet. 13.B. City Attorney. The City Attorney had no comments or inquiries on non-agenda items. 13.C. 13.C.1. City Commission. Commissioner Archer Mrs. Archer stated she attended the "Principal for a Day" reception at the Marriott and commented about a man who parked in the north lot at the Marriott who placed money in the parking meter and discovered the parking meter was not working properly. Consequently, Mrs. Archer stated the man received a ticket and she explained to the parking meter specialist that this man placed money in the meter but the meter stayed at zero. Mrs. Archer stated the parking meter specialist suggested having the parking meters checked both in this lot and on the area south of Atlantic Avenue across from Boston's Restaurant to ensure the parking meters are working properly. Mayor Perlman stated he received a request from one of the retailers along Ocean Boulevard asking the City to provide a change machine because people are going into the stores for quarters to park at the beach. 13.C.2. Commissioner Costin Mr. Costin stated he was in north Georgia recently and commented about an area outside of Atlanta where they recently boosted their parking meter fee to .25 cents per 8 ½ minutes to control parking and pedestrian traffic. Secondly, Mr. Costin stated he too attended the "Principal for a Day" reception and commented that he was very impressed with the program. Mr. Costin stated Tom Lynch gave his dissertation and he was amazed at all the information Mr. Lynch related as to what is happening with the School Board. Mr. Costin stated he attended the Harvest Fest over the weekend and commented on how well it was attended. In addition, Mr. Costin stated he also had the opportunity to see the Pilgrim Belle at Veteran's Park and commented it is a beautiful boat. -17- 11/18/03 13.C.3. Commissioner McCarthy Ms. McCarthy stated we are approaching one of the busiest times of the year and commented during this period of time she will be traveling out of state for family obligations, etc. Ms. McCarthy suggested this be discussed at a Workshop meeting since the Commission usually tries to make sure that at least one of them is in attendance for some of the special occasions. 13.C.4. Commissioner Levinson Mr. Levinson extended kudos to Brace Nelson, CEO of Office Depot, who flew down from New York to attend the "Principal for a Day" reception and then flew back to New York immediately. Mr. Levinson thanked Mayor Perlman for attending the pension seminar on behalf of the Commission. Mr. Levinson stated he read the Police report which the Commission receives monthly and complimented Captain Musco for his initiative with removal of junk cars and abandoned shopping carts. 13.C.5. Mayor Perlman Mayor Perlman announced that tomorrow evening is the reconvening of the Leadership Summit from 6:00-7:30 p.m. and suggested that the Commission review their goals. Secondly, Mayor Perlman stated he will be meeting with the Steering Committee tomorrow morning. Mayor Perlman read into the record (a copy is attached hereto and made an official part of the minutes) his opinion of the roles in politics. at 7:45 p.m. There being no further business, Mayor Perlman declared the meeting adjourned City Clerk ATTEST: -18- 11/18/03 The undersigned is the City Clerk of the City of Delray Beach, Florida, and the infomaation provided herein is the Minutes of the Regular City Commission Meeting held on November 18, 2003, which Minutes were formally approved and adopted by the City Commission on December 2, 2003 City Clerk NOTE TO READER: If thc Minutes you have received are not completed as indicated above, this means they arc 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. -19- 11/18/03 ~ertman~ Jeffrey Z. 971Delra~ Lakes Drive Delray Beach~ Florida 33444 Palm Beach Beach, City CommissioD, ~ COU~ITY . Q QTHER~ LOCAL ~E~Y ' City of Delray Beach. WHO ~ FILE FORM as This form is fpt use by any pars ,on ~em~ing at the.cou~ty..oity,-or other tocal leve~ government on an appointed or~electedbem~.c~JnCit, co .~m~. ~ 'ion, a(lthonty, or committee. It applies equally to members of advisor/arid ~vtsor/bodies who are presented with a voting conihct, of interest under Section 112.3143. Florida Statutes. * ' ' ' · ' ' ' " YOUr respone~'liti~s under the taw when faced with voting on a measure in which you ~ a co~fllct of Ioferast v~l va~/g~e :a~f d~pe~ding on whether y~u hold an elective or appointive p~iticm. For this ~:ees~t, please-p;iy c~3se atte~Joa to the i~ em th~. t'otm before · c;3mptating the reverse side and fding the form. . ' INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112,3143~ FLORIDA STATUTES A pers(xt hold'lng elective or appointive county, municipal, or'ethor, logal, ~p~dlc:otTlc~ M~t'~ABS~.aa~N.fro~ voting on a i~asuYe :wflich inures to his or.her special private gain ~ ~ss. Each a!ectad o? 9p~,.nt .or[~ k~! officer also is prohibited from know~:p~ly voting on a men~ -,ire which inures ~o the special ~]affn or 10SS st< ~ p~Jr~il~d (~tY~ei' tf~an a ~vemment agent) by whom he or she is retained (tes~uding the ~rent (~JahiZation or subsidiar'/of a corporate pdt~,pal by which he or she is retairted); to the special pi'ivata gain or loss of a relative; or the.speCial private gain or Ids~ of a business associate, Commissioners of coramunity gedevelopment agencies under,Sec. 163.356 or 163.357. F.S., and officers'of independent special tax ~ elected on a one-acre, one-vota basis am not prohibited ~ voting in that For pumosas of ~s law. a 'ralative' includes only the officer's father, mOther, So~, daughter, husband, ~fe. brother, sister, father-in-taw. mothor-in-law, so~in-law, and daughter-in-law- A 'business _aeso~ate' means any person or entity engaged th or carrying on a business anterpdse with the officer as a partner, joint venturer, coownor of property, er ceq~orate shoreho~der (where the shares of the,corporatiOn are r~ot ltstad on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situatlone descflbed above, you must disclose the conttict PRIOR~ TO THE VOTE BEING TAKEN by p~b~icly sta~ng to the assembly the nature o~r your interest in the measure on which you are abeteln~g from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by ~:)mptatlng and tiFmg this form with the person reslm:msible for recording the min- .APPOINTED OFFICERS: Although you ~ abstain from voting In the situatlens deesm'b~l, above, you other~se may pa~cipate ~ these n~ttam. However;you n~st ~ t~. nature of t~ conflict bofm'e n~lid~g any auemp~ to: i~luence'the dec~k3~, wt~ether <w-'a~ly o~ ~ and whether ma~e' ~F YOU INTEND TO M.e~E AN~.~, *~.c. k4FT TO INFLUERCE THE OEClGION PRIOR'TO THE MEETING AT WHICH THE~VOTE*WIU- You must complete and file tttis form (before making any attempt to influence the decision) with the perso~ rede fa~ rec0~ the ml~uto,s ~f the meeting, who Win incomomto the fo~n in the minu, t, es,. ,(Continued on nth?r side)~, , *' ~E FORM 8~ - EFF. 1/2000 __ c/.4 .. , l , APPOINTED OFFICERS (~a~nfl~ued) IF YOU ~:~:~ '~7~T ~0 ~ ~ ~~ BY DIS~IONAT ~E ME~NG: .. ~. ~ ~ f~ ~'~'~-~ ~ ~ ~ ~'~'~ DISCLOSURE OF L~Ab~R~R~S'i~EREsT (al~~u~e~~(~) ~- . .,....?. ml~~ '': : ' ."-~ Redevelo~emt ~ency. .. .. D~ . . '~: '?' -'~ . :' ~ ~, . .. No~cE: .~ER.P~St~S CONSTI~TES ~UNDS FOR AND .MAY BE. PUN~SHED.-BY ONE O~ M~RE OF ~E FOLLOwING~"iM~H~, t - CIVIL P~ ~OT TO ~CEED $1,0~- ': FORM 8B MEMORANDUM OF VOTING CONFLICT FOR 'COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I~m~m~o · I ~ ' ' " ~ I MusT'FiLE ~ORM'8B commission, authority, Or committee. It applies equally to members of adviso~j and non-advisor/bodies who are presented with a voting co~lict of interest under Section 112.3143, FIo~:la Statutes. L complsting the revorse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3t43, FLORIDA STAT'd~'S · pemon holding elective Or appointive county, municipal, or ~ Ideal ixlbli~ of~ MUST ABSTAIN from ~ures to his Or her special private gain re'tess, E. ac~ aleCted M apf~(~lted local offim also is prohibited from, kn~ly v~'fig on a mea- sure which inures to the special gain Or loss of a principal (ofher than a gavemment agency) by whom he or she is retained (inctu~ng the parent o~anization O~ subsidiary of a comorate principal by which he or she is retained); to the special p~vate gain or loss of a relative; Or ~ the special private gain Or loss of a bt~iness associate. Commissioners of community redevelopment agencies under Sec. 163.356 Or 163.357, F.S., and officers of indepe ~cle~t ~,tax dis~ elected on a o~n~,. ,?e, ~-~, v~ota, basis ~re ~nof pro,hri,bited from voting in that capac~. mofher-inAaw, son-in-law, and daughter-in-law. A 'business assooata means any person Or enaty engageo ~n · are nof listed on any national Or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations desc~bed above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you · WITH N 15 DAYS AFTER THE VOTE OCCURS by,bompleting and filiag this fora1 ~ APPOINTED OFFICERS: ', must disclose the uatum 6f the conffiCt before making anyaItemp~ t° Influence the ~sion' whelhe~ °rally °r m wrmng an° w~u~u~ ~u~ IF YOU INTEND TO MAKE ANY ATI'EMPT TO INFLUENCE THE DECISION PRICER TO THE MEETING AT WHICH TI~E VOTE WILL BE TAKEN: · You must compteta and ~e Ufis form (bofore muking any attamPt ta ~nflue~ce the decision) with the pem°n reap°risible Ibr recd~ding the minutas of the meeting, who will ir~:oqxxata the turm in .the minutas- (Continuad on other side) APPOINTED OFRCERS (COntinued) ~ ~ , ~ ~ ~ '~ ~: IF YOU MAKE NO ATTEMPT TO INFLUENCE THE'DECISION EXCEPT BY DISCUSSIOI~, AT THE M~, .E'FII~G: . :- You must disclose omtiy the nature of your oo~flict in the measur~ before participating. DISCLOSURE OF LOCAL OFFIC~ER'S INTEREST ,, ,.Jo,J IZ, ~_e.v'.J~o~J .~y~,.~,t~ato. · ~ ~-I~- 0~ ,~: )A~~~ ~~(~) · '. ' ~ ~ .~ ~ ~,--T~~ '0~ '- ' CONSTI~TES GROUNDS FOR ~D MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: .IM~CHME~, REMOV~ OR SUSPENSION FROM O~!CE OR EMPLOYMENT, OEMOT ON, RE~T~ N ~Y, REPRI~D. OR A CWiL ~ NOT TO'~CEED $10 ~. ~ ~ * ' '*~ PAGE 2 There are two rules in politics. One rule says if you are attacked, you should ignore it. The rationale being that if you give an attack attention, you somehow dignify it and make it an issue. The other rule says that if you don't answer an attack, the lack of response indicates that the attack is somehow true. Well, I'm not really sure which piece of this paradoxical advice that I believe in_I guess I'm just going to deal with these things on a case by case basis. And in this case, I am going to respond. There were two articles written about our recent vote against the Excel Restaurant. One a news story and one a piece of....what I guess passes for commentary. Both appeared in the Sun-Sentinel. First,the news story. In it, the reporter quotes a leader in our community saying that minority nightclubs would not be welcomed until there was more than one person of color on the City Commission. I am deeply hurt by this comment because it strikes at the core of.what this city and particularly this city comm/ssion has been about. For the past three years, we have worked long and hard on healing racial wounds, rebuilding neighborhoods and breaking down boundaries both real and imagined. We have invested our time, our hearts, our emotions and the taxpayers money in an effort to build co--unity unity. We have not done this for political gain or for personal aggrandizement...there is no glory in this type of work. If I wanted votes, I would be spending my evenings in gated retiree communities not in un-air-conditioned halls in the southwest section. We have made the investment of time, money and resources because it is the right thing to do. It is the moral thing to do. The path we have chosen to take as a commission has not been the easy one. Not to take anything away from our predecessors~ whom I admire and deeply respect, but their direction was more clear cut than ours. Some of us in Delray weren't here when this city was sick. and decaying. I was. And it took a lot of hard work to get us moving again. But previous commissions had money from the Decade of Excellence and a blueprint called Visions 2000. Our predecessors got the ball rolling, they beautified the city, they created an atmosphere that filled the shops and the streets and we owe them all a tremendous debt of gratitude. But in many ways, our job is much more difficult. The tough stuff remains. We know what that is, don't we? And we have not backed away from issues such as redeveloping the Southwest section, remaking West Atlantic .Avenue, dealing with mistrust and the myriad challenges that come with success. The Sun-Sentinel raised the issue on Sunday and again today, so let's deal with the issue of race relations. Dealing with this issue is hard. It is time-consuming. And progress is made in tiny increments if at all. Building trust where none exists, forging relationships where there is scant history of collaboration or friendship is very, very difficult. Sometimes you feel, deep down inside, like you are making progress .... and other times you feel that you have undertaken an impossible task. There is no rule book when it comes to building community. There are no best practices to refer to when you are trying to construct partnerships and friendships in co--unities where this city has had little involvement and not enough investment for decades. But the concept of community unity and inclusiveness is the very foundation of this city's success. It has been and still is the governing philosophy of this and past commission's. You know some people make fun of our status as an All America City. Just this morning, I picked up the newspaper and a smug columnist with no investment of time or emotion in this community and even less knowledge of Delray poked fun at us being an All America City. But that title means something to me. And it means something to a lot of people who have worked hard to make this city a better place than it was yesterday and continue to work hard to make sure we are a better city tomorrow. We are not an All America City because we are perfect. I love this city as much as anyone and I can tell you that we are far from perfect. I see the strengths and I see our weaknesses. I know where we hay9 come from and I know what we are.., and even more important what we can be. 16 years ago, as a young reporter, I came to Delray Beach and I spent as much time in people's living rooms as I did at City Hall. I got to know people like Vera Farrington, Mr. and Mrs. Pompey, Elizabeth Wesley and David Randolph~ They were giants. They shared with me their history in this city and gave me a working knowledge of their experiences, both good and bad in Delray Beach. I remember the conversations that we had and I remember the lessons that I've been taught. And I carry that experience with me every day that I serve this city. I can list chapter and verse, the resources that this Commission has supported,' fought for and insisted upon for neighborhoods and people who have been underserved for decades. We can start, with this commission's insistence that our CRA have more minority representation and more sensitivity to the concerns of minority neighborhoods. Today, four of seven CRA commissioners are minorities and several have business interests on West Atlantic Avenue. This commission re-focused the CRA to concentrate on the gateway to our city and they have.., to the tune of $12 million over the next five years. In the past three years, we have completed a Downtown Master Plan that included a racism workshop and a Southwest Neighborhood Plan that was completely driven by the very people who live in that neighborhood. The Downtown Plan redefines the boundaries of our downtown and even though we have more work to do to break down the barriers between East and West, we have officially obliterated that distinction and that is a vital first step. We have beautified West Atlantic, we are listening to neighborhood concerns in designing a gateway and we have remained committed to community policing and neighborhood oriented planning. Alberta and I sit on a committee cha~ged with saving the West Settlers Historic District. The city, CRA and county are working to restore Northwest/Southwest Fifth Avenue and we are seeing the fruits of that effort bloom already with the opening of several minority owned businesses. We are working closely with a raft of non-profits that serve minority populations and have invested hundreds of thousands of dollars through our Community Development Block Grant programs to help agencies that serve thousands of Haitian immigrants and their children. We are investing in diverse neighborhoods west of 1-95, including Sudan, Delray Shores and Rainberry Woods. We have supported cultural festivals for our Caribbean~ African-American and Latino residents. I can go on and on, I can talk about our police department's nationally recognized efforts in the Haitian community and programs such as the Haitian patrol, Haitian Police Academy' and Youth Enrichment Vocational Center. I can talk about our continued outreach including a Haitian radio show and our recent decision to be the first city to print an election ballot in Creole. Yes, we closed The Back Room, but only after receiving scores of complaints from residents who couldn't sleep or find peace in their own homes after a hard day at work. Yes, we were concerned with a nightclub on Lake Ida and Congress when brawls, fights and other illegal activity were reported to our police department. And yes, we have a long way to go. But let me be perfectly clear. This Commission bases its public policy decisions on what we feel is best for the long term good of our city. We do this after receiving input from our residents, our staff and finally our own independent analysis of the issue at hand. That is our charge and responsibility in a representative Democracy. The decision to approve or disapprove of the Excel Restaurant or any other issue that comes before us is not dependent on whether we have one, two, three, four or five minority commissioners. I don't operate that way. And I can tell you, with absolute certainty, that nobody who sits up here thinks that way. And if they did, they would be gone. I'm usually a pretty even keel person, but I can tell you two types of people that I have a visceral reaction to: Racists and bullies. Another thing I don't care for is unfairness. I don't think the Sentinel's conclusions are fair and I know they are inaccurate. I would have voted no regardless of the ethnicity of the operator in question or the type of nightclub he or she wishes to operate. tt is their right and privilege to believe me or not. But I reserve my right to tell the truth. My truth. I know who I am. I know also what the city I serve stands for. We may not be perfect. Who is? But we are trying. And for the record, those conversations in living rooms that I mentioned before...I'm still having them...just about every day in churches and in meeting halls too. I recognize better than most I think...that relationships will never be ideal...that our work will never really end. But it is the journey and the effort that matters. This city is taking that journey, we started in the late 80s and we've picked up steam Under Mayor Schmidt. And we're not turning back on my watch.