Loading...
02-03-04 MinutesFEBRUARY 3~ 2004 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, February 3, 2004. 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 Chevelle Nubin, Deputy City Clerk o The opening prayer was delivered by the City Manager. o given. The Pledge of Allegiance to the flag of the United States of America was o AGENDA APPROVAL. Mr. Levinson requested that Item 8.K., Ratification of the Sister Cities Board of Directors for 2004 be postponed to the City Commission meeting of February 17, 2004. Mayor Perlman requested that Item 8.L., Agreement/Horse Drawn Carriages~ Inc. of the Consent Agenda be moved to the Regular Agenda as Item 9.1. 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: Mrs. Archer moved to approve the Minutes of the Regular Meeting of January 6, 2004, 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. 02/03/04 Mrs. Archer moved to approve the Regular Meeting of January 13, 2004, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Mr. Costin moved to approve the Special Meeting of January 16, 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. Ms. McCarthy moved to approve the Special Meeting of January 22, 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. o PROCLAMATIONS: 6.A. Recognizing and Commending the Delra¥ Rocks Football & Cheerleading Squads Mayor Perlman read and presented a proclamation hereby proclaiming the Delray Rocks and Cheerleaders to be "Champions among Champions and Ambassadors of Good Will and Sportsmanship for the City of Delray Beach, Florida." The following individuals came forward to accept their proclamations: Phil Demps - Football Coach Jerome Jackson - Football Coach Walter Stephens - Football Coach Gerrall Lewis - Football Coach Ruby Stevens - Cheerleaders David Ricks & Ben Leonard - Pompey Park 6.B. Celebrating the 100th Year Anniversary of Masonic Lodge #275 - January 2004 Mayor Perlman read a proclamation hereby proclaiming February 3, 2004 as the day for the City of Delray Beach to officially recognize the spirit of community action displayed by Masonic Lodge Number 275 of Delray Beach for the past one hundred years. 6oCo Recognizing Engineers Week- February 22-28~ 2004 Mayor Perlman read a proclamation hereby proclaiming February 22, 2004 through February 28, 2004 as Engineers Week. -2- 02/03/04 7. PRESENTATIONS: 7.A. "Spotlight on Education" - Debra Johnsom Principal of High Tech Middle School 98-GG Debra Johnson, Principal of High Tech Middle School 98-GG stated the High Tech Middle School is scheduled to open in August 2004 Grades 6-8 and explained the school is very unique in many facets. Ms. Johnson stated they are working with corporate sponsorships to do innovative practices such as providing a wireless network environment for the students in the school, providing surround sound and wireless microphones for both teachers and students in the classroom environment, providing internet access for students as a supplement so that students from the school, the school library, the public library, or their parents can check the students' calendars to monitor their academic progress and their special activities after school. Ms. Johnson stated the 6th grade has now reached a lottery status; however, she is still looking for 7th and 8th graders. Ms. Johnson stated the student capacity is approximately 1,300 and as of yesterday she has received approximately 880 applications. Janet Meeks, Education Coordinator, stated the Palm Beach County School Board will not vote on the final boundaries of the school until their Workshop meeting of February 23, 2004. 7.B. Appreciation for "Read to Students' Day" Elementary School Seacrest Christian Linda Kinbacher, School Librarian at Seacrest Christian Elementary School, stated the children presented a "Thank You Booklet" to the person who read to their class last November 19th for Children's Book Week. Listed below are the children and the Reader for their class: GRADE CHILD READER Kindergarten Delaney Cattano Max Proulx Mrs. Jane Trimble-Jackson Nurse Practitioner & Parent 1st Grade Erin Wadhams Mrs. Barbara Garito Delray Beach City Clerk 2nd Grade Emily Kishbaugh Chief Larry Schroeder Delray Beach Fire-Rescue 3rd Grade Taryn Santiago Mrs. Susan Ruby Delray Beach City Attorney 4th Grade Julie Byron Chief Kerry Koen Delray Beach Fire-Rescue -3- 02/03/04 5th Grade Ana Hudson Mr. Jeff Perlman Delray Beach City Mayor 7.C. Gift of Fire Fighter Statue to Fire-Rescue Department - Marcia Higgs~ Urdl's Water Gardening Center~ Inc. Kerry Koen, Fire Chief, introduced Marcia Higgs, Urdl's Water Gardening Center, Inc. who presented a statue of a fireman to the Fire-Rescue Department and thanked her for the donation. Marcia Higgs, Urdl's Water Gardening Center, Inc. stated it is her pleasure to donate the statue named "The Fireman" to the Fire-Rescue Department and thanked them for their dedication and stated it is greatly appreciated. 7.9. Glory Awards - Edith Thompson Mr. Shannon Wilson, representing Edith Thompson, stated he is formally requesting seed money in the amount of $11,000 to be reimbursed to the City of Delray Beach in the month of October and noted this is the third year for the Glory Awards. The City Manager gave direction to Mr. Wilson to submit a formal written request including the event budget to the City Manager's office. go CONSENT AGENDA: City Manager Recommends Approval. 8.A. 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 January 15, 2004. 8.B. RESOLUTION NO. 12-04: Approve Resolution No. 12-04 authorizing the appropriation and expenditure of matching grant funds in the amount of $65,000.00 to the South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB) for engineering design, permitting, and construction of the next phase of the reclaimed water treatment expansion project. Funding is available from 441-5181-536-63.95 (Water/Sewer Fund). The caption of Resolution No. 12-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE APPROPRIATION AND EXPENDITURE OF $65,000.00 FROM THE CITY OF DELRAY BEACH'S CONNECTION FEE FUND TO BE USED FOR THE NEXT PHASE OF THE RECLAIMED WATER TREATMENT EXPANSION PROJECT AT -4- 02/03/04 THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT PLANT; PROVIDING FOR DISTRIBUTION; PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 12-04 is on file in the City Clerk's office.) 8.C. FINAL PAYMENT/GAMETIME, INC.: Approve a $7,921.04 decrease to Purchase Order #610147, and final payment in the amount of $150,117.71 to Gametime, Inc. for completion of skate park equipment installation at the Community Teen Center's Skate Park. Funding is available from 117-6111-572-63.40 (Recreation Impact Fees/Recreation Improvements). 8oDo TURTLE MONITORING SERVICES/JOHN FLETEMEYER: Approve sea turtle monitoring services for FY 2004 with John Fletemeyer in an amount not to exceed $27,304.20. Funding is available from 332-4164-572-34.90 (Beach Restoration Fund). 8oto SUBORDINATION AGREEMENT FOR COMMUNITY DEVELOPMENT FUNDING RECIPIENT: Authorize and approve subordination of the City's second mortgage in the amount of $15,226.00 to allow the applicant to secure new financing. 8.F. RESOLUTION NO. 10-04: Approve Resolution No. 10-04 and the Maintenance Agreement between the State of Florida Department of Transportation and the City for the beautification ofU. S. Highway 1 at Linton Boulevard. The caption of Resolution No. 10-04 is as follows A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE MAINTENANCE MEMORANDUM OF AGREEMENT FOR IMPROVEMENTS TO US 1, 1200 FEET SOUTH OF LINTON BOULEVARD TO 1500 FEET NORTH OF LINTON BOULEVARD AND AUTHORIZING THE EXECUTION OF THE AGREEMENT. (The official copy of Resolution No. 10-04 is on file in the City Clerk's office.) 8oGo INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA}/BUS SHELTERS: Approve an Interlocal Agreement between the Community Redevelopment Agency (CRA) and the City for bus shelters in the amount of $129,120.00. -5- 02/03/04 8.H. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a fund subsidy for one (1) eligible applicant/family in the amount of $23,750.00 for new construction on N.W. 13th Avenue. This brings the number to 156 homeowners assisted under the Renaissance Program. Funding is available from 118-1924-554-49.20 (Home Owner Subsidy). 8.1. SPECIAL EVENT REQUEST/HOWARD ALAN 7th ANNUAL WINTER STREET CRAFT FESTIVAL: Approve a special event request to allow the 7th Annual Delray Beach Winter Street Craft Festival sponsored by Howard Alan Events, Ltd. to be held on February 28-29, 2004 from 10:00 a.m. - 5:00 p.m., including a temporary use permit per LDR Section 2.3.6(H) for street closures of NE/SE 4th Avenue, one block noah/south of Atlantic Avenue as well as the north end of Hand's parking lot for vendor parking and staff support for security, with the event sponsor paying all overtime costs. 8.J. SPECIAL EVENT REQUEST/SAINT PATRICK'S DAY PARADE: Approve a special event request to allow the 36th Annual St. Patrick's Day Parade to be held on Saturday, March 13, 2004 beginning at 2:00 p.m., including temporary use permits per LDR Section 2.3.6(H) for street closures of Atlantic Avenue from Venetian Drive to the County Courthouse for the parade and Venetian Drive and Gleason Street for staging of parade entries from 12:00 p.m. to approximately 3:30 p.m., staff support for traffic control and security, barricading, trash removal, and assistance in obtaining the FDOT permit, use and set up of half of the small stage, waiver of LDR's Section 4.6.7(F)(3)(j)(ii) to allow event signage to be placed no earlier than March 3, 2004 with event sponsor paying approximately $677.50 in overtime costs; contingent upon specified conditions contained in 1/20/00 memo being met, the receipt of a hold harmless agreement and certificate of liability insurance. 8.K. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.1. 8.M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 12, 2004 through January 30, 2004. 8.N. AWARD OF BIDS AND CONTRACTS: Contract award in the amount of $384,790.00 to Daytech Manufacturing, Inc. for the purchase, assembly and installation of forty-seven (47) bus shelters at selected sites throughout the City. Funding is available from 334-3162-544-65.70 (Bus Shelters). Contract award to RS! of Florida, Inc. in the amount of $77,937.00 for the re-roofing of the Utilities Maintenance Building project. Funding is available from 442-5178-536-62.10 (Water/Sewer -6- 02/03/04 Renewal and Replacement Fund/Buildings). Mr. Costin moved to approve the Consent Agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. o REGULAR AGENDA: 9.A. WAIVER REQUEST/BERMUDA GARDENS: Consider a request to waive Land Development Regulations Section 4.3.4(K) to reduce the lot size and lot width in association with a proposed subdivision at 924 Bermuda Road, located at the southwest corner of Bermuda Road and State Road A- 1-A. (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 subsequent Quasi-Judicial Hearing items held this evening. The Deputy City Clerk swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte communications. No ex parte communications were disclosed. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2004-086 into the record. The subject property is located at the southwest corner of South Ocean Boulevard and Bermuda Gardens Road and currently contains a 1-story single family residence with associated pool and enclosure. The property is currently zoned RM (Multiple Family Residential) and has a Future Land Use Map designation of MD (Medium Density Residential, 5-12 Units/Acre). The applicant is proposing to subdivide the existing lot into two single-family lots. Mr. Dorling stated the applicant is requesting a waiver to the minimum lot standards and noted that within the RM (Multiple Family Residential) zoning district the multi-family development could be accommodated on this parcel which would accommodate three units. The entire street is made up of single family homes. Mr. Dorling stated rather than demolish the existing structure and develop a duplex or a multi-family structure the applicant would like this waiver request so that he can build two single family homes. The required waiver findings to LDR Section 2.4.7(B)(5) are made in the Planning and Zoning staff report and staff recommends approval. Mayer S. Abbo, 766 S.E. 5th Avenue, Delray Beach (Architect), stated he is present this evening to answer any questions the Commission may have and gave a brief presentation of the overall layout of the two homes on the site. -7- 02/03/04 Mayor Perlman asked if anyone from the public would like to address the Commission regarding the waiver request, to please step forward at this time. Mr. Levinson moved to approve the waiver to LDR Section 4.3.4(K) (Development Standards Waiver) to reduce the lot size of Proposed Lot 1 and to reduce the lot width of Proposed Lot 2 to the dimension noted in the table as included in the Planning and Zoning staff report based upon positive findings with respect to LDR Sections 2.4.7(B)(5) and 4.3.1(D), seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 9.B. WAIVER REQUEST/BANKOFF TOWNHOMES: Consider a request to waive the required front setback in the CBD (Central Business District) to allow a front setback of 25' 6" for the Bankoff Townhome project, located on the west side of Seabreeze Avenue, approximately 230 feet north of East Atlantic Avenue. (Quasi- Judicial Hearing) The Deputy City Clerk swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte communications. No ex parte communications were disclosed. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2004-047 into the record. Mr. Dorling stated the property was utilized as the drive-through teller facilities and parking for the Bank of America located to the west on the intracoastal north of Atlantic Avenue. At its meeting of January 7, 2004, SPRAB approved a Class V site development plan for a four unit 2-story development on this property. Pursuant to LDR Section 4.4.13(G)(2)(a), for those properties zoned CBD located east of the Intracoastal Waterway the required front setback is not less than 5' and not greater than 10'. This was to promote a more urban feel and primarily is geared toward non-residential uses. The proposed front setback of the townhomes is 25' 6". The applicant has requested a waiver to exceed the maximum setback of 10'. At its meeting of January 7, 2004, the Site Plan Review and Appearance Board considered the waiver request and recommended approval (6 to 0) of the waiver to allow the increase of the front setback to 25' 6". Staff recommends approval of the waiver based upon positive findings with respect to LDR Section 2.4.7(B)(5). Gary Eliopoulos, Architect, briefly explained the design of the townhomes and stated he feels this project is appropriate. Mr. Eliopoulos stated there are 25' -8- 02/03/04 setbacks and one can enter the two end units from the side and one can enter the two center units through the courtyards. Mr. Eliopoulos stated each unit is a two-story unit and each unit is approximately 4,000 square feet. Mayor Perlman asked if anyone from the public would like to address the Commission regarding the waiver request, to please step forward at this time. Mr. Costin moved to approve the waiver to allow the increase of the required setback to 25' 6" for the Bankoff Townhomes based upon positive findings with respect to LDR Section 2.4.7(B)(5), seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.C. APPRAISAL FOR CITY PARCEL: Consider a developer request to buy a City owned parcel of land, located south of S.W. l0th Street between S.W. 9th Avenue and S.W. 10th Avenue; and authorize staff to proceed with appraisal. After brief discussion, it was the consensus of the Commission to proceed with the appraisal. 0.D. PROPOSAL FOR SETTLEMENT IN CLARA OUTRAM v. CITY OF DELRAY BEACH: Consider a Proposal for $24,999.99 in Clara Outram v. City of Delray Beach. recommends denial. Settlement in the amount of The City Attorney's Office Consider a counter-offer Outram v. City of Delray Beach in the amount of $7,500.00. Mr. Levinson moved to approve the proposal for settlement in the amount of $24,999.99 in Clara Outram v. City of Delray Beach, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms. McCarthy - No; Mayor Perlman - No; Mr. Costin - No; Mrs. Archer - No; Mr. Levinson - No. Said motion was DENIED with a 5 to 0 vote. Mr. Levinson moved to approve the counter-offer in the amount of $7,500.00 in Clara Outram v. City of Delray Beach, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 0oEo LAWSUIT: L.L.C. METRON-FARNIER~ L.L.C./AUTHORIZATION TO DISMISS Consider authorization to dismiss the lawsuit against Metron-Farnier, The City Attorney briefly explained this item and commended Terrill Pyburn, Assistant City Attorney for a job well done. -9- 02/03/04 Mr. Costin moved to approve authorization to dismiss the lawsuit against Metron-Farnier, L.L.C., seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 0.F. EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE (EMPA) GRANT APPLICATION: Approve and authorize the Mayor to execute Emergency Management Preparedness and Assistance grant submittal documents for the City. Dick Hasko, Director of Environmental Services, stated this item is a request to approve and authorize the Mayor's signature on applications for four (4) Emergency Management Preparedness and Assistance Program Grants through the State. He stated staff is planning to submit applications for four (4) projects and will request 50% grant money and a 50% match on each project. Mr. Hasko stated the first project is for Fire-Rescue Headquarters overhead door replacements. The overhead door replacement project would bring the main Fire-Rescue Headquarters facility (which is also the City's Emergency Operations Center) up to current building standards as it relates to hurricane wind capacity. The budgeted cost for the overhead doors is $100,000. In addition, Mr. Hasko stated the second project is a $300,000 budget for stormwater pump station rehabilitation on the barrier island and commented there are a series of pump stations that are approaching ten years in age and because of the environment the pumps and equipment work in, they have a relatively short life span in terms of capital equipment. The third project planned is for drainage improvements and connection to one of the City's stormwater pump stations in the Melaleuca Road/Seasage Drive/Tamarind Road area which has a $520,000 budget. Mr. Hasko stated the fourth project would be to complete the hurricane shutters for the bottom floor of the Police Department and the estimated budget is $50,000. Mr. Hasko stated the City must show proof of the match and commented staff obtained the documentation out of the Capital Plan. He stated the $100,000 for the Fire-Rescue Headquarters overhead door replacement does not appear in the Capital Plan. Therefore, Mr. Hasko asked for approval from the Commission for the City to provide the matching funds for this project if the City is awarded the grant. The Commission directed staff to forward this information to all the members of the Legislative Delegation in addition to Kathy Daley, City Lobbyist. Mr. Costin moved to approve the Emergency Management Preparedness and Assistance (EMPA) Grant Applications and authorize matching funds as set forth in the memorandum dated January 30, 2004; and, authorize the Mayor to execute the documents for the City of Delray Beach, 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. -10- 02/03/04 9.G. APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (1) member to the Police and Firefighters Retirement System Board of Trustees to fill an unexpired term ending April 22, 2005. Based on the rotation system, the appointment will be made by Commissioner Archer (Seat #2). Mrs. Archer moved to appoint Gilbert Forbes as a member to the Police and Firefighters' Retirement System Board of Trustees to fill an unexpired term ending April 22, 2005, 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. 0.H. APPOINTMENTS TO THE PUBLIC ARTS IMPLEMENTATION COMMITTEE: Appoint four (4) members to the Public Arts Implementation Committee for a term ending June 30, 2004. Based on the rotation system, the appointments will be made by Commissioner Costin (Seat #1), Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), and Commissioner McCarthy (Seat #4). This item has been postponed due to a request from Glenn Weiss and Carolyn Pendelton-Parker. This item has been postponed to a date certain of February 17, 2004. 9. I. AGREEMENT/HORSE DRAWN CARRIAGES, INC.: Approve an agreement between the City and Horse Drawn Carriages, Inc. to continue to provide horse and carriage rides along Atlantic Avenue Wednesday through Saturday until May 2, 2004. Mayor Perlman expressed concern over the horse drawn carriage rides operating after the holiday season. He sees this as something special because it is for a finite period of time associated with the holidays. Mayor Perlman stated this service will lose its novelty if extended through the month of May. Mrs. Archer stated because there are so many visitors who come to Delray Beach, she feels this service adds a great deal of charm to the city. Mr. Costin concurs with comments expressed by Mrs. Archer. In addition, Mr. Costin stated the visitors in town are the ones that take advantage of the uniqueness of the horse drawn carriage rides and overall he feels this is a good service to provide. Ms. McCarthy asked if this is approved for a longer period of time that there be appropriate caretakers for these horses so they do not incur abuse and are not overworked. Mrs. Archer stated as the weather gets warmer and warmer she would like to be sure that the horses have appropriate water and are not exposed to extended periods -11- 02/03/04 of overheating. Mr. Costin moved to approve the agreement between the City of Delray Beach and Horse Drawn Carriages, Inc. to provide horse and carriage rides along Atlantic Avenue until May 2, 2004, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - No; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 1 vote, Mayor Perlman dissenting. At this point, the Commission moved to Item ll.A. Comments and Inquiries on Non-Agenda Items from the City Manager. ll.A. City Manager's response to prior public comments and inquiries. With regard to the inquiry about the model for the new library, the City Manager stated the model for the new library is close to completion and is being done by a local volunteer architect from the community who has been steadily working on the model in his spare time since November. The City Manager stated the model is expected to be ready for display by February 16, 2004 at the latest and will be on display at the City Commission meeting of February 17, 2004. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items from the City Manager. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager. The City Manager stated there was concern expressed about what was being done to help recruit students for the Middle School 98-GG, the City Manager stated on January 5, 2004, the Palm Beach County School District held an informational meeting at Morikami Park Elementary School. The City Manager stated 9,700 invitations were sent to students currently in fifth, sixth, and seventh grades and approximately 300 people attended the meeting. The City Manager stated staff met with Debra Johnson, Principal, who indicated she conducted presentations to all of the fifth grades in Delray Beach except Village Academy. In addition, the City Manager stated applications and brochures were handed out. Staff met with the NAACP to also discuss strategies for recruitment. They are preparing a flyer to hand out at their various meetings and helping to recruit at churches. The City will be delivering a letter, applications, and brochures to all of the churches located in Delray Beach. The City Manager stated staff will ask the Clergy to announce this information at the church services through the month of February 2004. Ms. Johnson will also be following up with telephone calls and City staff will be available to help fill out applications. The applications will be easy to complete and will be available in four languages (i.e. English, Spanish, Portuguese, and Creole) and are being delivered to Pompey Park, the Community Center, and the 505 Teen Center. Ms. Johnson is following up with the site -12- 02/03/04 managers to explain the program at the middle school and to help provide them with direction in answering student questions about the program. She is also available to attend their meetings and sites to help fill out applications. Debra Johnson, along with School Board member Debra Robinson, Education Board Member Leonard Mitchell and School Police will be doing a walk around the community targeting the Pine Grove area. They will knock on doors to let people know about the school and help fill out applications. The City's Creole speaking Code Enforcement officers will accompany them. The City Manager stated the door-to-door walk-around will be conducted on the weekends in February. The Palm Beach County School District will provide Public Service announcements on Haitian radio. City staff will be giving a presentation at the next "Free to Grow" meeting and applications and brochures will be given to their peer organizers to hand out to their parents. One of the peer organizers is Haitian and speaks Creole and has agreed to help with door-to-door recruitment. Applications will be given to Dorothy Ellington at the Delray Beach Housing Authority for recruitment purposes. As of January 27, 2004, the Palm Beach County School District had received 666 applications, 597 of those indicating that the High Tech School is their first choice and 69 listed the school as the second choice. The City Manager stated there is not a breakdown as to what school the applications had come from, however he had the following statistics: 368 applications for sixth grade, 170 for seventh grade, fifty-nine for eighth grade (92 Hispanic, 395 white, 4 American Indian, 19 Asian, 30 multi-cultural, and 56 African-American). With regard to concerns expressed about bicyclists and loud motorcycle noise, the City Manager stated both of these issues have been areas of concern by residents and visitors. The City Manager stated there is a novice gap by both bicyclists and motorists when it comes to traffic regulations. The Police Department is working on an educational component to better inform both of their responsibilities on the roadways. He stated the Police Officers will also be instructed to take action when violations occur so as to improve the safety of everyone. Motorcycle noise is an on again off again issue and when the weather is good combined with a large number of visitors to the community, we seem more concerned about motorcycle noise. The City Manager stated Police Officers have been instructed to refocus on this problem along with traffic enforcement officers who have been given specific assignments to seek out motorcycles in violation. The City Manager stated at both the League of Cities Board meeting and the general membership meeting there were presentations from the Chief Deputy Clerk of Court regarding Article V funding, in particular the $200 filing fee that is in the current law to take effect July 1st. The Clerk's Association is taking the position that they will not oppose the repeal of that fee because it is a fairly small part of their budget. The City Manager stated the Chief Deputy Clerk of Court is of the opinion that the Legislature will not entirely repeal it, but may go to some form of a graduated fee. The City Manager stated tomorrow he will be attending the Florida Manager's Winter Institute in Panama City. -13- 02/03/04 At this point, the time being 7:03 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 2-04: Privately initiated Future Land Use Map (FLUM) Amendment from CMR (Commerce) in part and GC (General Commercial) in part, to CMR (Commerce) and rezoning from MIC (Mixed Industrial and Commercial) in part and GC (General Commercial) in part, to MIC (Mixed Industrial and Commercial) for a 1.80 acre parcel of land known as Delray Depot (formerly the Train Station Depot site), located at the northwest corner of West Atlantic Avenue and 1-95. Prior to consideration of passage of this ordinance, a public hearing has been scheduled to be held at this time. (Quasi-Judicial Hearing) The caption of Ordinance No. 2-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE PLAN FROM CMR (COMMERCE) IN PART AND GC (GENERAL COMMERCIAL) IN PART TO CMR (COMMERCE); ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND PLACING LAND PRESENTLY ZONED MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT IN PART AND GC (GENERAL COMMERCIAL) DISTRICT IN PART TO MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED AT THE NORTHWEST CORNER OF WEST ATLANTIC AVENUE AND INTERSTATE-95 (FORMER TRAIN STATION DEPOT), 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. 2-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A quasi judicial 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. -14- 02/03/04 The Deputy City Clerk swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2004-59 and #2004-60 into the record. Paul Dorling, Director of Planning and Zoning, stated the property contains the train depot which was listed in the National Register in September of 1986 and in Local Register of Historic Places in October of 1988. The building was constructed in 1926 and was most recently used as an office for an interior decorator and furniture repair use. These land development applications have been submitted to allow the establishment of a private warehouse for the storage of automobiles (no vehicle repair, sales or display) and private office space. This use would be permissible under the proposed MIC zoning, but not under the current GC zoning. Mr. Dorling stated this is being processed as a small scale amendment which is exempt from the twice a year requirements for the larger scale amendment process. At its meeting of December 15, 2003, the Planning and Zoning Board held a public hearing in conjunction with the FLUM Amendment and Rezoning requests. There was no public testimony regarding the request. After reviewing the staff report and discussing the proposal, the Board unanimously voted 6-0 (Krall absent) to recommend that the requests be approved, based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan, LDR Section 3.1.1, LDR Section 2.4.5(D)(5), LDR Section 3.2.2 and the Goals, Objectives and Policies of the Comprehensive Plan, subject to the condition that a site plan modification is processed to provide, but not be limited to, screening of the existing dumpster, upgrading of the landscaping and resurfacing and re-striping of the existing parking area. Staff recommends approval of these land use actions. Michael Weiner with Weiner & Aronson, P.A., Attorney and Agent for Atlantic Group Holdings Corporation, stated there are two procedures being considered; one is a change in the Future Land Use map and the second is zoning. Mr. Weiner stated the applicant agrees with the conditions as presented by staff and meets all of the criteria. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding the Small Scale Future Land Use Map and Rezoning, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 2-04 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. -15- 02/03/04 McCarthy - Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 5-04: An ordinance rezoning from A (Agricultural) to RM-8 (Medium Density Residential-8 dwelling units per acre) for a 1.69 acre parcel of land for Highland Grove Estates located on the north side of Old Germantown Road approximately 1,115 feet west of Homewood Boulevard. 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. 5-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED A (AGRICULTURE ZONE) DISTRICT TO RM-8 (MEDIUM DENSITY RESIDENTIAL - 8 DWELLING UNITS PER ACRE) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE NORTH SIDE OF OLD GERMANTOWN ROAD, APPROXIMATELY 1,115 FEET WEST OF HOMEWOOD BOULEVARD, 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. 5-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A quasi judicial hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The Deputy City Clerk swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte communications. Mr. Levinson stated he spoke with Chip Falkanger. Ms. McCarthy, Mayor Perlman, Mr. Costin, and Mrs. Archer had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2003-31 into the record. Mr. Dorling stated the subject property consists of two (2) unplatted lots totaling 1.69 acres containing two (2) single family residences. The site was annexed -16- 02/03/04 into the City in 1988 with an initial zoning designation of Agricultural Residential Transitional (ART). An application has been submitted for a Rezoning from A to RM-8. This application has been submitted with the purpose of constructing a multiple-family residential development on the subject properties. This use would be permissible under the proposed RM-8 zoning, but not under the current A zoning. At its meeting of December 15, 2003, the Planning and Zoning Board held a public hearing in conjunction with the rezoning. Four members of the public spoke and expressed concerns relating to traffic and compatibility with the single-family dwellings in the area. After reviewing the staff report and discussing the proposal, the Board unanimously voted 6-0 (Krall absent) to recommend that the request be approved, based upon positive findings with respect to LDR Section 2.4.5(D)(5), LDR Section 3.1.1, LDR Section 3.2.2, LDR Section 4.4.6(I)(3)[that the proposed density is appropriate based upon the FLUM designations of the surrounding properties and prevailing development patterns] and the Goals, Objectives and Policies of the Comprehensive Plan. Jeff Falkanger, Applicant, agrees wholeheartedly with the staff report and is present this evening to answer any questions. Mayor Perlman declared the public hearing open. There being no one who wished to give testimony on the item, the public hearing was closed. Mr. Costin moved to adopt Ordinance No. 5-04 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 1-04 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending Land Development Regulations Section 4.4.26 LI (Light Industrial) District and Article 4.5 "Overlay and Environmental Management Districts" relating to the Wallace Drive Area Redevelopment Plan. Prior to consideration of passage of this ordinance on Second Reading/Second Public Hearing, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 1-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.26, "LIGHT INDUSTRIAL (LI) DISTRICT, SUBSECTION 4.4.26 (F), "DEVELOPMENT STANDARDS" AND SUBSECTION 4.4.26(H), "SPECIAL DISTRICT REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR THE WALLACE DRIVE OVERLAY DISTRICT; AMENDING -17- 02/03/04 ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", OF THE LAND DEVELOPMENT REGULATIONS, BY ENACTING SECTION 4.5.8, "THE WALLACE DRIVE OVERLAY DISTRICT", TO DEF1NE AND ESTABLISH SAID OVERLAY DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 1-04 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 Wallace Redevelopment Plan was recently adopted as part of the Comprehensive Plan Amendment 2003-2 by the City Commission. As part of the Plan, Mr. Dorling stated it calls for the area between Wallace Drive and S.W. 9th Avenue to be rezoned from R-1-A (Single Family Residential) to LI (Light Industrial). To allow development on smaller lots in the area, where aggregation of parcels is not possible, the Plan calls for the creation of an Overlay District with modified development area, lot size, lot dimensions and tenant space requirements. The Overlay District increases the front setback to 25' and incorporates the development standards of the MIC zone with respect to minimum development area, lot dimensions and tenant space requirements. At its meeting of December 15, 2003, the Planning and Zoning Board held a public hearing regarding this item and there was no public testimony regarding the amendment. After discussing the item, the Board voted 5-0 (Pike and Krall absent) to recommend approval of the proposed text amendment, based upon positive findings with respect to LDR Section 2.4.5(M)(5). Mayor Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 1-04, the public hearing was closed. Alice Finst, 707 Place Tavant, Delray Beach, asked what is being done to protect the residential properties in this area and who will be affected by this change in zoning. There being no one else who wished to address the Commission regarding Ordinance No. 1-04, the public hearing was closed. Mr. Dorling stated the Comprehensive Plan itself protects adjacent neighborhoods in the fact that it is stepping down in intensity. Mr. Dorling stated the few -18- 02/03/04 single-family homes are non-conforming and would be allowed to continue as long as they are not vacant for more than six months. For clarification purposes, Ms. McCarthy stated she would like to ensure that no one is being forced to move because of the land use change. In response, Mr. Dorling stated no one is being forced to move because of the land use change and the change will likely increase their property values. Mr. Levinson moved to adopt Ordinance No. 1-04 on Second Reading/Second Public Hearing, 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. 10.D. ORDINANCE NO. 3-04 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending the Land Development Regulations Appendix A "Definitions" to amend the definition of adult entertainment establishment to provide for the inclusion of Adult Novelty Stores and to provide a definition of Adult Novelty Stores. Prior to consideration of passage of this ordinance on Second Reading/Second Public Hearing, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 3-04 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 THE DEFINITION OF "ADULT ENTERTAINMENT ESTABLISHMENT" IN ORDER TO PROVIDE FOR THE INCLUSION OF ADULT NOVELTY STORES IN THE DEFINITION OF ADULT ENTERTAINMENT ESTABLISHMENT AND ENACTING A DEFINITION OF ADULT NOVELTY STORE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 3-04 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 this ordinance amends the definition of Adult Entertainment Establishment to include adult novelty stores and provides a definition of adult novelty store. -19- 02/03/04 At its meeting of December 15, 2003, the Planning and Zoning Board held a public hearing regarding this item. After discussing the amendment, the Board voted 5- 0 (Krall and Pike absent) to recommend approval of the proposed amendment to Appendix A "Definitions" to amend the definition of Adult Entertainment Establishment and to provide a definition of Adult Novelty Stores, based upon positive findings with respect to LDR Section 2.4.5(M). Mayor Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 3-04, the public hearing was closed. Ms. McCarthy moved to adopt Ordinance No. 3-04 on Second Reading/Second Public Hearing, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 10.E. ORDINANCE NO. 6-04: An ordinance amending Chapter 96, "Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", of the Code of Ordinances to adjust the fee schedule for emergency medical transportation in accordance with the National American Fee Schedule. 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. 6-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 96.66, "EMERGENCY MEDICAL TRANSPORTATION FEES", SUBSECTION 96.66(A), TO ADJUST THE FEE SCHEDULE FOR EMERGENCY MEDICAL TRANSPORTATION IN ACCORDANCE WITH THE NATIONAL AMERICAN FEE SCHEDULE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 6-04 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. - 20 - 02/03/04 Kerry Koen, Fire Chief, stated this is not a mandatory annual adjustment but they are attempting to keep the fee structure consistent with the general market area. Mr. Costin asked if this includes the mileage fee. In response, Chief Koen stated the mileage fee is $7.65 per mile and noted that they have tried to keep the average range for this area. Mayor Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 6-04, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 6-04 on Second and FINAL Reading, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 10.F. ORDINANCE NO. 4-04: An ordinance amending the Land Development Regulations Appendix A "Definitions" repealing the definitions for Residential and Non-Residential Alcohol and Drug Abuse Treatment Facility and enacting new definitions for Residential and Non-Residential Licensed Service Provider and amending Sections 4.3.3(D), 4.4.6, 4.4.9, 4.4.13, 4.4.16, 4.4.17, 4.4.21, 4.4.24, and 4.6.9 to reflect the change in terminology. 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. 4-04 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 OF THE CITY OF DELRAY BEACH AS FOLLOWS: AMENDING APPENDIX "A", "DEFINITIONS", BY REPEALING THE DEFINITIONS OF "RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITY" AND "NON RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITY" AND ENACTING THE DEFINITIONS OF "RESIDENTIAL LICENSED SERVICE PROVIDER FACILITY" AND NON- RESIDENTIAL LICENSED SERVICE PROVIDER FACILITY" TO CONFORM TO CHANGES IN FLORIDA STATUTES; AMENDING SECTIONS 4.3.3(D), 4.4.6, 4.4.9, 4.4.13, 4.4.16, 4.4.17, 4.4.21, 4.4.24 AND 4.6.9 TO REFLECT THE CHANGE IN TERMINOLOGY FROM "RESIDENTIAL AND NON- RESIDENTIAL ALCOHOL AND DRUG ABUSE -21 - 02/03/04 TREATMENT FACILITY" TO "RESIDENTIAL AND NON-RESIDENTIAL LICENSED SERVICE PROVIDER FACILITY"; PROVIDING A SAV1NG CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 4-04 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 ordinance repeals the definitions for "Residential and Non-residential Alcohol and Drug Abuse Treatment Facility" and enacts new definitions for "Residential and Non- Residential Licensed Service Provider", and changes the reference from "alcohol and drug abuse treatment facilities" to "Licensed Service Provider Facilities" to be consistent with the terminology of such facilities in State Statutes. At its meeting of December 15, 2003, the Planning and Zoning Board held a public hearing regarding this item. After discussing the amendment, the Board voted 5- 0 (Krall and Pike absent) to recommend approval of the proposed amendment to the Land Development Regulations regarding "Residential and Non-residential Licensed Service Provider", based upon positive findings with respect to LDR Section 2.4.5(M). Mr. Dorling stated staff recommends approval. Mayor Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 4-04, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 4-04 on Second and FINAL Reading, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 10.G. ORDINANCE NO. 9-04 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending the Land Development Regulations Section 4.4.17, RO (Residential Office District), Subsection 4.4.17(B)(2) regarding duplex structures. If passed, a second public hearing will be scheduled for February 17, 2004. Prior to consideration of passage of this ordinance on First Reading/First Public Hearing, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 9-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, - 22 - 02/03/04 AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT", SUBSECTION 4.4.17(B), "PRINCIPAL USES AND STRUCTURES PERMITTED", BY AMENDING SUBSECTION (B)(2) TO DELETE THE WORDS "AND DWELLING UNITS"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE (The official copy of Ordinance No. 9-04 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 this amendment is to provide clarification to LDR Section 4.4.17(B)(2) of the RO (Residential Office) zoning district, which states "Principal Uses and Structures Permitted" (2) Duplex structures and dwelling units. Mr. Dorling stated this reference to "dwelling units" is only included in this specific category of RO and infers that this allows three or more dwelling units. Mr. Dorling stated staff is modifying the ordinance to remove the language "and dwelling units" in order to clarify what duplex structures are permitted. At its meeting of January 26, 2004, the Planning and Zoning Board held a public hearing regarding this item. There was no public testimony regarding the proposed amendment and after discussing the amendment, the Board voted 6-0 (Sowards absent) to recommend approval of the proposed amendment to the Land Development Regulations Section 4.4.17(B)(2) regarding duplexes, based upon positive findings with respect to LDR Section 2.4.5(M). Mayor Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 9-04, the public hearing was closed. Mr. Levinson moved to adopt Ordinance No. 9-04 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 - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item ll.B. Comments and Inquiries on Non-Agenda Items from the Public. - 23 - 02/03/04 11.B. From the Public. ll.B.1. Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, suggested that there be a five foot bicycle lane from Linton Boulevard to the North where there is 100 feet of right-of-way and a complete sidewalk on one side of the street. Mr. Smith urged the Commission to support bicycles and sidewalks on A1A. ll.B.2. Herb Gimelstob, 4330 Live Oak Boulevard, Delray Beach, supports having a five foot bicycle lane and stated Delray Beach needs to remain an All-America City and is a city of the future. Mr. Gimelstob read into the record a quote from Mayor Perlman's speech (From the Mayor's Desk dated January 21, 2004) he gave while attending the U.S. Conference of Mayors in Washington, D.C. ll.B.3. Don Bravermam 27-A Stratford Lane, Boynton Beach, stated he is an avid cyclist and strongly supports five foot bicycle lanes on A1A. ll.B.4. Charles Bonfield, 220 MacFarlane Drive, Delray Beach, stated most of the bicyclists agree with most of the points presented in the A1A consensus proposal with one major exception. Mr. Bonfield stated there is no legal, engineering, financial or rational reason why five foot bicycle lanes and proper sidewalks should not be constructed on both sides of the road from Linton Boulevard to Bucida Road. Mr. Bonfield strongly supports five foot bicycle lanes along A1A and urged the Commission to give full consideration to the FDOT proposal as it represents user groups. ll.B.5. George Martin, President of the West Palm Beach Bicycle Club and also works for the Sheriff's Office as a Bicycle Safety Educator, (speaking for the Bicycle Club this evening), stated presently they are in conflict for limited roadway space which creates some hostile and dangerous conditions. Mr. Martin stated these conflicts will disappear with separate lanes for motorists and cyclists. Mr. Martin stated recently the repaving was completed in Highland Beach and almost immediately they started having problems because they do not have five foot bike lanes. Mr. Martin recommended that the Commission review the website www.criticalmass.com and entered a letter into the record. ll.B.6. Jean Matthews, 3225 Lakeview Boulevard, Delray Beach, (served on the Delray Beach Bicycle/Pedestrian Committee and is also a member of the MPO Bicycle/pedestrian Committee) stated she is not here this evening in any official capacity but urged the Commission to look at this situation from an emotional basis. Ms. Matthews strongly supports five foot bicycle lanes on A1A. ll.B.7. Alvin Weinsteim 200 MacFarlane Drive, Delray Beach, urged the Commission to imagine an image of an All-America City and a Village-by-the-Sea atmosphere and feels it is a place where children and adults can walk, jog, push baby strollers, pull toys and ride bicycles in safety. Mr. Weinstein urged the Commission to approve the original FDOT Plan for five foot bicycle lanes and sidewalks on both sides of A1A. - 24 - 02/03/04 ll.B.8. Anne Richmond, 200 MacFarlane Drive, Delray Beach, thanked the current and past City officials for all the improvements made to Delray Beach in the last 20 years. Ms. Richmond stated the improvements have made downtown Delray a people friendly place to live. She feels adding bicycle lanes and sidewalks to A1A will only make Delray Beach more people friendly. Ms. Richmond urged the Commission to support bicycle lanes and walking paths. ll.B.9. Raphael Clemente, 160 Australian Avenue, West Palm Beach (Bicycle/Pedestrian Coordinator for Palm Beach County), stated A1A through much of the East coast of Florida is part of what is known as the "East Coast Greenway" which will connect Key West to Maine and he feels it would be a shame for Palm Beach County to be one of the only places that the East Coast Greenway cannot be successfully implemented. He urged the Commission to take advantage of this opportunity because FDOT will do this at no cost to the City of Delray Beach. ll.B.10. John E. Doyle, 5650-D Fox Hollow Drive, Boca Raton, (resident of the Boca Raton Bicycle Club), stated he is a season ticket holder to Crest Theatre and often visits Delray Beach. In his opinion, Mr. Doyle stated Delray Beach has the nicest downtown in South Florida and commented that the Commission has the opportunity to improve it by putting in five foot designated bicycle lanes along A1A. He stated the most popular area to ride a bicycle is along A1A and he feels this could be made safer by a five foot designated bicycle lane. In addition, he stated it is safer and better for motorists that there is a five foot designated bicycle lane because then the motorist does not have to cross over the travel lane into oncoming traffic in order to pass a cyclist. ll.B.11. Eugene Luttenber~, 4423 Re~al Court, Delray Beach, stated he is an avid cyclist and moved here from up North so that he could cycle year-round. Mr. Luttenberg encouraged the safety of the pedestrians and the cyclists with five foot bicycle lanes. He stated it would be a dangerous situation for cyclists to be on sidewalks because it causes a potentially dangerous situation between the cyclists and the pedestrians. Mr. Luttenberg urged the Commission to consider the five foot bike lanes from Linton Boulevard north to George Bush Boulevard. ll.B.12. David Kraker, 13690 Via Flora, Delray Beach, stated he is an avid cyclist and feels no matter what decision is made this evening it will not change the fact that cyclists will continue to use A1A, the bicycle traffic will continue to increase year after year, and if five foot bike lanes are not approved, traffic conditions will worsen and conflict between motorists and cyclists will continue to increase. Mr. Kraker stated if five foot bicycle lanes are not installed, the results will be an increasing number of accidents killing or maiming more cyclists, pedestrians and motorists. ll.B.13. Mark Lowe, 4418 Marks Way, Lake Worth, supports the five foot bicycle lanes along A1A and stated eight years ago he was struck by a hit and run driver and sustained a few broken bones and massive internal injuries. Mr. Lowe stated safety is not a choice but a responsibility. - 25 - 02/03/04 ll.B.14. John McCurd¥~ 118 N.E. 22I'a Street~ Delra¥ Beach~ urged the Commission to look at this from an emotional and human side and stated the safety issues are not being addressed. Mr. McCurdy stated he was struck by a van while riding his bicycle along A1A and as a result of the accident sustained numerous internal injuries. Mr. McCurdy stated he has recovered physically but still deals with some emotional issues. Mr. McCurdy supports five foot bike lanes and stated this is an opportunity to make it right so that another bicyclist or another person does not get injured. Mr. McCurdy stated people want to know that Delray Beach is a safe place to live, bike, or walk. ll.B.15. Alice Finst~ 707 Place Tavant~ Delra¥ Beach~ representing Progressive Residents of Delray (PROD), stated this is not a landscaping issue but is rather a safety issue for pedestrians, cyclists, and motor vehicles. ll.B.16. Robert Jolle¥~ 702 S.E. 4th Avenue~ Delra¥ Beach~ suggested that there be some kind of alternate transportation system for Delray Beach because he feels there are too many cars and not enough roads. Mr. Jolley stated he does not believe there will ever be a reduction in traffic. ll.B.17. Albert Richwagem 251 N.E. 15th Street~ Delra¥ Beach~ stated A1A is a dangerous road for motorists, pedestrians, and cyclists. Mr. Richwagen encouraged the Commission to follow the recommendations of the MPO for full bike lanes to the right- of-way. He stated Delray Beach will not become pedestrian and bicycle friendly without sidewalks and bicycle lanes. He urged the Commission to support the complete sidewalks between Linton Boulevard and George Bush Boulevard and bicycle lanes to the fullest extent of the right-of-way which will cost taxpayers nothing. ll.B.18. Trent Ward~ resident of Delra¥ Beach~ stated he has been riding on A1A for many years and feels it is an extremely dangerous road. Mr. Ward supports the five foot bicycle lanes and urged the Commission to do the right thing. ll.B.19. David Dickler~ resident of Boca Ratom stated he joined the Boca Raton Bicycle Club (which has members from Delray Beach) and once a week rides to Boynton Beach from Boca Raton and once a week he rides south to Fort Lauderdale. He stated he is terrified to ride except when he is riding on a five foot bike path. Mr. Dickler urged the Commission to do the right thing for the community and support the five foot bicycle paths for Delray Beach because he feels anything less would not be safe. ll.B.20. Lisa Clark~ 1219 N.W. 8th Court~ Boynton Beach~ spokesperson for the S.D. Spady Elementary School advanced chorus, asked the City of Delray Beach for assistance in reaching their financial goal in order to send the chorus to Carnegie Hall in spring 2004. The chorus is comprised of 35 students ages 8-13. The group does not have any Board members or Executive Director and supports itself solely through donations and fundraisers. The approximate cost for 35 students, six chaperones, and two accompanists to attend this festival including travel, meals, lodging and festival activities - 26 - 02/03/04 is $53,765.00. Ms. Clark urged the Commission to provide some financial assistance if possible. Mayor Perlman gave direction to Ms. Clark to submit a formal written request to the City Manager's office. ll.B.21. Larry O'Connor~ 200 MacFarlane Drive~ Delray Beach~ avid bicyclist who rides from Delray Beach to Boca Raton everyday stated he does not feel safe until he reaches Boca Raton. Mr. O'Connor stated he is in favor of the five foot bike paths and urged the Commission to support. At this point, the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 10-04: An ordinance rezoning from POC (Planned Office Center) to RM-9 (Multiple Family Residential-Medium Density-9 dwelling units per acre) for a 5.04 acre parcel of land to be known as Atlantic Palms located on the south side of West Atlantic Avenue, approximately 140 feet east of Whatley Road. If passed, a quasi-judicial public hearing will be scheduled for February 17, 2004. The caption of Ordinance No. 10-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POC (PLANNED OFFICE CENTER) DISTRICT TO RM-9 (MEDIUM DENSITY RESIDENTIAL-9 DWELLING UNITS PER ACRE) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE SOUTH SIDE OF WEST ATLANTIC AVENUE, APPROXIMATELY 140 FEET EAST OF WHATLEY ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZON1NG 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. 10-04 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 on September 5, 2003, the applicant submitted an application to rezone the subject property to RM-11 (11 units per acre) in order to develop a multiple family residential project. - 27 - 02/03/04 At its meeting of October 20, 2003, the Planning and Zoning Board held a public hearing in conjunction with the RM-11 rezoning request. There was one person from the public that spoke in support of the rezoning and two that expressed concerns. After reviewing the staff report and discussing the proposal, the Board concluded that the proposed density request of 11 units per acre was too intense given the Future Land Use Map designations and prevailing development pattern of the surrounding area. The Board unanimously voted 4-0 (Jill Woehlkens, Diane Borchardt and Joseph Pike absent) to recommend approval of a reduced density of RM-8. After that point, at its meeting of January 6, 2004, the City Commission considered the first reading of the ordinance to rezone the subject property to RM-11. The applicant requested that the application be withdrawn without prejudice and the City Commission approved a waiver to LDR Section 2.4.5(D)(6), which prohibits the City Commission from considering another rezoning application for six months. A request to rezone the property to RM-9 (9 dwelling units per acre) is now before the City Commission for consideration. The new request to rezone the property to RM-9 has not been considered by the Planning and Zoning Board. While the Board's and staff' s recommendations were to allow a maximum density of 8 units per acre, the request for a maximum of 9 dwelling units per acre seems to be a reasonable compromise based on the surrounding development pattern and densities. Staff recommends approval of the RM-9 request based upon positive findings with respect to LDR Section 3.1.1(Consistency), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and Goals, Objectives, and Policies of the Comprehensive Plan. Mr. Costin moved to approve Ordinance No. 10-04 on FIRST Reading, seconded by Mr. Levinson. 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. 12.B. ORDINANCE NO. 8-04: An ordinance amending the Land Development Regulations, enacting a new Subsection 2.4.3(K)(6), "Delray Beach Fire- Rescue Department Fees". If passed, a public hearing will be scheduled for February 17, 2004. The caption of Ordinance No. 8-04 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 SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION 2.4.3(K), "FEES", OF THE LAND DEVELOPMENT REGULATIONS BY ENACTING A NEW SUBSECTION 2.4.3(K)(6), "DELRAY BEACH FIRE-RESCUE DEPARTMENT FEES", TO PROVIDE FOR DEVELOPMENT REVIEW FEES BY THE FIRE DEPARTMENT; PROVIDING A - 28 - 02/03/04 SAV1NG CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING FOR THE RENUMBERING, RELETTERING AND INCLUSION IN THE LAND DEVELOPMENT REGULATIONS; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 8-04 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 City's Fire- Rescue Department reviews plans for many different types of construction and renovations and performs inspections of structures at the request of other parties. In order to recover some of the Fire Department's expense, the LDR's are being modified to implement plan review fees which are currently charged by Palm Beach County and several municipalities within Palm Beach County. Mr. Dorling stated the fee schedule is the same as those currently charged by Palm Beach County based upon development value. At its meeting of January 26, 2004, the Planning and Zoning Board considered this LDR change and there was no public testimony regarding the proposed amendment. After discussing the amendment, the Board voted 6-0 (Sowards absent) to recommend approval of the proposed amendment to the LDR's enacting Subsection 2.4.3(K)(6) regarding Delray Beach Fire-Rescue Department Fees, based upon positive findings with respect to LDR Section 2.4.5(M). The City Manager stated during the budget process this year there was discussion about the need to add an additional fire inspector because of the nature of commercial development and establishing a fee such as this will provide a funding source for that position. The City Manager stated this will come back to the Commission at a later date. Mayor Perlman asked if there is an estimate of how much revenue the City can expect. In response, Kerry Koen, Fire Chief, stated the estimate is approximately $75,000-$85,000 per fiscal year. Mayor Perlman stated since the City is currently doing well in terms of development, he asked if the funding source is a consistent source of funds to keep the position funded. In response, the City Manager stated in this particular case, there is an ongoing need from a public safety standpoint and unless the mix of businesses changes, there is a need for this position. Mrs. Archer moved to approve Ordinance No. 8-04 on FIRST Reading, 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. - 29 - 02/03/04 12.C. ORDINANCE NO. 11-04: An ordinance providing for the adoption and enforcement of the minimum State Fire Code. If passed, a public hearing will be scheduled for February 17, 2004. The caption of Ordinance No. 11-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 37, "DELRAY BEACH CODE ENFORCEMENT", BY AMENDING SECTION 37.45, "SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES", TO PROVIDE FOR ENFORCEMENT OF THESE REGULATIONS; AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY ENACTING SECTION 96.09, "PROCESSES DEEMED HAZARDOUS TO LIFE AND PROPERTY", TO PROVIDE THAT CERTAIN FIRE OFFICIALS MAY ORDER THE IMMEDIATE CESSATION OF AN ACTIVITY THAT IS HAZARDOUS TO LIFE AND PROPERTY; ENACTING SECTION 96.10, "EVACUATION OF OCCUPIED BUILDINGS OR STRUCTURES", TO PROVIDE THAT CERTAIN FIRE OFFICIALS MAY ORDER THE EVACUATION OF OCCUPIED BUILDINGS; REPEALING SECTION 96.16, "CERTAIN CODES ADOPTED BY REFERENCE", AND ENACTING A NEW SECTION 96.16, "CERTAIN CODES ADOPTED BY REFERENCE", BY ADOPTING STATE LAW AS WELL AS OTHER CODE SECTIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 11-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Levinson moved to approve Ordinance No. 11-04 on FIRST Reading, 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. 12.D. ORDINANCE NO. 12-04: An ordinance amending Ordinance No. 20- 03, that adopted Comprehensive Plan Amendment 2003-02, regarding compliance with the Florida Department of Community Affairs (DCA) Objections, Recommendations and Comments (ORC) report. -30- 02/03/04 The caption of Ordinance No. 12-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 20-03 THAT ADOPTED COMPREHENSIVE PLAN AMENDMENT NO. 2003-2; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 12-04 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 original ordinance (Ordinance No. 20-03) referenced a "WHEREAS" clause stating that the amendment was found to be in compliance and that an ORC (Objections, Recommendations & Comments) Report had not been issued. At second reading, this language was inadvertently left in the ordinance and was not revised to reflect the fact that the State had issued an ORC Report. When the State reviewed the adopted Amendment, the inaccuracy in the Ordinance was noted. Mr. Levinson moved to approve Ordinance No. 12-04 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman -Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items from the City Attorney and the City Commission. 13.B. City Attorney. The City Attorney stated staff is working on the scooter issues and she had a conversation today with the Assistant City Attorney from the City of Boca Raton and Boca has taken a certain position by enacting a policy. She stated Cathy Kozol, Assistant City Attorney/Police Legal Advisor, has been in contact with the Police Department with their proposal and the process is ongoing. The City Attorney stated there is a fairly recent opinion of the Attorney General that governs and also points out an apparent conflict of the State Statute. -31 - 02/03/04 13.C. 13.C.1. City Commission. Mrs. Archer Mrs. Archer thanked everyone for allowing the Seacrest Christian Elementary School students to make a presentation this evening and stated the children were ecstatic about coming to City Hall. She stated the cameraman was present this evening to take pictures for the yearbook. Secondly, Mrs. Archer stated at the Metropolitan Planning Organization (MPO) meeting they were anxious to have Delray's submission regarding the A1A proposal. She informed the MPO that this would be forthcoming sometime in February. 13.C.2. Commissioner Costin Mr. Costin had no comments or inquires on non-agenda items. 13.C.3. Commissioner McCarthy Ms. McCarthy stated she is celebrating Black History Month and applauded the newspapers for the interesting and accurate articles written about Black History Month. 13.C.4. Commissioner Levinson Mr. Levinson stated approximately one year ago he had a conversation with the City and the Finance Director about installing a wireless communication system which would be "YFI" enabled. However, the Finance Director expressed concern about the aesthetics and security issues. Mr. Levinson stated the City of Wilton Manors is "YFI" enabled. Secondly, Mr. Levinson stated he too was very interested with Black History Month particularly because of an article he read. He stated in a few months Brown versus the Board of Education 50th anniversary will be here, and particularly in this town because of S.D. Spady and Spencer Pompey, he feels it would be appropriate for the City of Delray Beach and the Palm Beach County School Board to do something unique to celebrate Brown versus the Board of Education. Mr. Levinson commended Ivan Ladizinsky, Public Information Officer and staff for doing a great job on the Annual Report. He suggested that the regular meetings for April be scheduled for April 13, 2004 and April 20, 2004. Mr. Levinson stated State Legislator Carl Domino has come up with a proposal that will allow Homesteaded properties to transfer their homestead value to a - 32- 02/03/04 subsequent home. He stated he feels the Commission should vehemently oppose the proposal because this is just another way to get rich people more money and save taxes. 13.C.$. Mayor Perlman Mayor Perlman stated he had the opportunity to speak to Leadership Palm Beach County which came through Delray Beach last week and stopped at Old School Square. He stated they asked for three keys to the success of Delray Beach. Mayor Perlman stated these are (1) our willingness to invest and reinvest in the community and spoke about the recent pass of the Bond Issue, (2) a consistency of focus and philosophy and, (3) things throughout the community is citizen driven. Mayor Perlman stated he was honored that this group decided to come through Delray Beach. Secondly, the Commission had the chance to host Congressman Shaw at the Chamber of Commerce and the City talked about lobbying dollars needed for the sewer plant. In addition, he will write letters on behalf of the Commission to advocate for some funding through the Congressional Delegation. Mayor Perlman stated he received a call from the President of the Seacrest Association and they are very pleased with the pace of the project and the contractor is doing a good job. However, the Seacrest Association expressed concern about installing speed humps on N.E. 14th Street. The City Manager stated the speed humps would be a less desirable method and stated there are supposed to be splitter islands installed. The City Manager recommended that the City finish what is planned for N.E. 14th Street and then do some traffic studies to see what the counts are and then install speed humps if necessary. Mayor Perlman congratulated Robert Barcinski, Assistant City Manager and Marjorie Ferrer, Downtown Coordinator in coordinating the celebration of the Bond Issue at last week's Art & Jazz on the Avenue. Mayor Perlman requested that the City Clerk prepare a proclamation for Black History Month for the regular meeting of February 17, 2004. It was the consensus of the Commission to hold the regular meetings for April on April 13, 2004 and April 20, 2004 due to Passover with no Workshop meeting. Mayor Perlman expressed concern over the future of the OSSHAD District in terms of development and stated with the real estate in Delray Beach continuing to escalate, it could potentially put pressure on OSSHAD to have larger buildings. Mayor Perlman stated he feels density has its place in the CBD (Central Business District) and commented perhaps the Planning and Zoning Department could look into the preservation of the OSSHAD District. -33 - 02/03/04 Mrs. Archer concurs with comments expressed by Mayor Perlman regarding the OSSHAD District and also expressed concern over the North Swinton Avenue area. Ms. McCarthy suggested that anything relating to budgetary situations should also include sending letters to Congressman Hastings as well. There being no further business, Mayor Perlman declared the meeting adjourned at 8:55 p.m. City Clerk ATTEST: /'MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on February 3, 2004, which Minutes were formally approved and adopted by the City Commission on 1*ebruary 17, 2004 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. - 34 - 02/03/04