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07-20-04 MinutesJULY 20~ 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, July 20, 2004. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Bob Costin Commissioner Jeff Perlman Commissioner Jon Levinson Commissioner Alberta McCarthy (arrived at 6:35 p.m.) Mayor Jeff Perlman Absent - None Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Brian Shutt, Assistant City Attorney Chevelle D. Nubin, Acting City Clerk 2_ The opening prayer was delivered by Rabbi Suzanne Carter, Chief Chaplain of the Delray Beach Police and Fire-Rescue Department. o given. The Pledge of Allegiance to the flag of the United States of America was o AGENDA APPROVAL. Mayor Perlman requested Item 8.P.2., Contract Award to Caler~ Contem Druker~ Porter & Veil be moved from the Consent Agenda to the Regular Agenda as Item 9.A.1. Mayor Perlman noted the addition of Item 8.P.6, Purchase Award to Tuppen's Marine to the Consent Agenda by addendum. Mr. Levinson requested Item 8.B., Resolution No. 57-04 be deferred and Item 8.E., Service Authorization/Catherine Strong Park/Tetra Tech WHS~ Inc. be removed from the Consent Agenda and moved to the Regular Agenda as Item 9.A.2. Mr. Levinson moved to approve the Agenda as amended, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. o APPROVAL OF MINUTES: Mr. Costin moved to approve the Minutes of the Regular Meeting of July 6, 2004, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 4 to 0 vote. Mr. Costin moved to approve the Minutes of the Special Meeting of July 13, 2004, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. o PROCLAMATIONS: 6oao Recognizing and commending Ernest G. Simon Mayor Perlman read and presented a proclamation recognizing, commending and honoring ERNEST G. SIMON for fifty years of membership in The Florida Bar, for his many accomplishments, and for his valuable contributions to the Citizens of Delray Beach throughout the past 50 years. Ernest Simon came forward to accept the proclamation. 6°8° Recognizing and commending Delra¥ Medical Center Mayor Perlman read and presented a proclamation recognizing and commending the Delray Beach Medical Center for being named one of the nation's 100 Top Hospitals by Solucient for the third consecutive year and for their commitment to providing a full range of superior health care services to our community. Mitch Zeldman came forward to accept the proclamation. ° PRESENTATIONS: None. o CONSENT AGENDA: City Manager Recommends Approval. 8oao FINAL SUBDIVISION PLAT APPROVAL/BERMUDA GARDEN ESTATES PLAT: Approve the subdivision plat for Bermuda Garden Estates Plat, a two (2) lot residential subdivision, located on the southwest corner of South Ocean Boulevard and Bermuda Gardens Road. 8.B. RESOLUTION NO. 57-04: Approve Resolution No. 57-04 assessing costs for abatement action required for the emergency board-up of an unsafe structure located at 2655 Dorson Way. The caption of Resolution No. 57-04 is as follows: -2- 07/20/04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. office.) (The official copy of Resolution No. 57-04 is on file in the City Clerk's Mr. Levinson moved to table Resolution No. 57-04, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. 8.C. RESOLUTION NO. 58-04: Approve Resolution No. 58-04 assessing costs for abatement action required to remove nuisances on four (4) properties throughout the City. The caption of Resolution No. 58-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR -3- 07/20/04 THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. office.) (The official copy of Resolution No. 58-04 is on file in the City Clerk's 8.D. RESOLUTION NO. 59-04: Approve Resolution No. 59-04 assessing costs for action necessary to remove junked and/or abandoned vehicles from three (3) properties throughout the City. The caption of Resolution No. 59-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. office.) (The official copy of Resolution No. 59-04 is on file in the City Clerk's 8oto THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.2. 8.F. SERVICE AUTHORIZATION NO. 04-02/ARCADIS/LNW: Approve Service Authorization No. 04-02 to Arcadis/LNW in the amount of $20,990.00 for the U.S. 1 and Tropic Boulevard Signalization Design Project. Funding is available from 334-3162-541-65.68 (General Construction Fund/US 1 at Tropic Boulevard). 8oGo CHANGE ORDER NO. 2/FINAL PAYMENT/T.L.C. DIVERSIFIED~ INC.: Approve Change Order No. 2 in the amount of $506.70, and final payment in the amount of $28,058.29 to T.L.C. Diversified, Inc. for completion of the Rehabilitation Project for Lift Stations 19, 57, and 80. Funding is available from 442-5178-536-61.83 (Lift Station Conversion to Submersible). -4- 07/20/04 8.H. RESCIND CONTRACT AWARD/CHANGE ORDER NO. 1/FINAL PAYMENT/ENGINEERED ENVIRONMENTS, INC.: Rescind the contract award to Engineered Environments, Inc. for the Beach Lifeguard Towers, Phase II Project and approve Change Order No. 1 in the amount of a $100,786.00 decrease, and final payment in the amount of $3,918.00 to Engineered Environments, Inc. for project close-out expenses. Funding is available from 334-6112-519-62.14 (General Construction Fund/Lifeguard Towers) and 115-0000-248-80.00 (Special Projects Funds). 8.1. AGREEMENT/AQUATEC SYSTEMS/LEON WEEKS PARK HABITAT MANAGEMENT: Approve an agreement between the City of Delray Beach and Aquatec Systems in the amount of $50,698.45 for the offsite mitigation for Heritage Park in the Leon Weeks preserve. The Heritage Park developer has funded $47,032.00 and the balance of $3,666.45 will be funded by the City. Funding is available from 119-4151-572-60.69 (Beautification Trust Fund/Improvements/Other). 8.J. PARKING REQUEST/JOHN HOCK ENTERPRISES: Approve a request from John Hock Enterprises to prepay in full for the utilization of six (6) parking spaces in the Sandoway Lot to accommodate employee parking during the construction of a home at 1108 Coconut Row. The request is to use the spaces Monday through Friday commencing on or about July 21, 2004 through January, 2005 for a total of 135 days at a rate of $36.00 per day for a total of $4,860.00. 8.K. CHANGE ORDER NO. 3/REED LANDSCAPING, INC.: Approve Change Order No. 3 in an increase amount of $19,819.55 from the previous change order, but resulting in a net decrease amount of $48,850.97 from the original contract to Reed Landscaping, Inc. for completion of the Lake Ida Road Beautification Project. Funding is available from 119-4151-572-63.20 (Beautification Trust Fund/Landscaping/Beautification). 8.L. ACCEPTANCE OF HOLD HARMLESS AGREEMENT: Approve and accept a hold harmless agreement between the City and Gloria Irish to allow the installation of brick pavers within a public utility easement. 8.M. SPECIAL EVENT REQUEST/HOWARD ALAN l0TM ANNUAL DELRAY BEACH CRAFT FESTIVAL: Approve a special event request for the l0th annual Delray Beach Craft Festival sponsored by Howard Alan Events, Ltd. to be held from 10:00 a.m. until 5:00 p.m. on September 18 and September 19, 2004, granting a temporary use permit per LDR Section 2.3.6(H) for the closure of S.E. 4th Avenue, two blocks south of Atlantic Avenue, and the Vittorio's parking lot for vendor parking, and authorize staff support for police security with the sponsor paying all overtime costs; contingent upon receipt of certificate of liability insurance. 8.N. SPECIAL EVENT REQUEST FOR 5TM ANNUAL DELRAY BEACH THANKSGIVING ART FAIR: Approve a special event request for the 5th Annual Delray Beach Thanksgiving Art Fair to be held on November 27 and November 28, 2004 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR Section 2.3.6(H) nd th for the closure of N.E. 2 Avenue, from the alley just north of Atlantic to N.E. 4 Street, -5- 07/20/04 and to authorize staff support for traffic control and security with sponsor paying all overtime costs; contingent upon receipt of certificate of liability insurance. 8.0. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period July 6, 2004 through July 16, 2004. 8.P. AWARD OF BIDS AND CONTRACTS: 1_ Purchase award to Otto Industries Systems in the amount of $18,373.00 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). 2. THIS ITEM WAS MOVED TO THE REGULAR AGENDA AS ITEM 9.A. 1. 3_ Contract award to Rosso Paving & Drainage, Inc. in the amount of $248,160.00 for the Plumosa Park Improvements Project. Funding is available from 334-6111-572-65.79 (General Construction Fund/Plumosa). 4_ Contract award to Chaz Equipment in the amount of $65,430.00 via Annual Contract No. 2002-37 for wet well lining and interior/exterior piping modifications for Lift Station 50. Funding is available from 441-5144-536-46.90 (Water/Sewer/Repair/Maintenance Cost). 5_ Contract award to Murray Logan Construction, Inc. in the amount of $20,400.00 via Palm Beach County Term Contract No. 02069B for mechanical rehabilitation of Lift Stations 35B, 21, and 92A. Funding is available from 441-5144-536-46.20 (Water/Sewer/Equipment Maintenance). 6_ Purchase award to Tuppen's Marine in the amount of $19,946.50 for the purchase of two (2) Yamaha motors for the Police Department's Marine Patrol boat. Funding is available from 501- 3312-591-64.20 (Capital Garage Fund/Vehicle). Mrs. Archer moved to approve the Consent Agenda as amended, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. 9. REGULAR AGENDA: 9.A.1. CONTRACT AWARD TO CALER, DONTEN, LEVINE, DRUKER, PORTER & VEIL, P.A. FOR PROFESSIONAL AUDIT SERVICES FOR FY 2004 IN THE AMOUNT OF $94,100.00; FY 2005 IN THE AMOUNT OF $96,900.00; AND FY 2006 IN THE AMOUNT OF $99,800.00. FUNDING IS AVAILABLE -6- 07/20/04 FROM VARIOUS DEPARTMENTAL OPERATING BUDGETS: Rebecca Henderson, representing Rachlin, Cohen & Holtz, asked the Commission to allow each firm to make a direct presentation to them. Mayor Perlman stated Ernst & Young did not express a desire to continue their present engagement since they did not submit a proposal. Mr. Levinson stated he felt the process was fair and supports the Auditor RFQ Evaluation Committee's recommendation. Mr. Costin stated he too supports the Committee's recommendation. Mayor Perlman stated the number one ranking company would represent a 17.5% reduction in cost. Mrs. Archer concurs with comments expressed by Mr. Levinson and Mr. Costin. Mr. Costin moved to approve a three year contract to Caler, Conten, Levine, Druker, Porter & Veil, P.A. for professional audit services for fiscal year 2004 as recommended by the Auditor RFQ Evaluation Committee, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. 9.A.2. SERVICE AUTHORIZATION/CATHERINE STRONG PARK/TETRA TECH WHS~ INC.: Approve Service Authorization No. P-01 to Tetra Tech, Inc. in the amount of $160,321.00 for the detail design of the Catherine Strong Park Project. Funding is available from 334-4183-572-63.90 (General Construction Fund/Other Improvements/Catherine Strong) and 380-4150-572-62.59 (2004 G.O. Bond/Catherine Strong Center). Mr. Levinson stated it appears the fees to Tetra Tech, Inc. as a percentage of the total job and what was paid to Digby is nearly 10% of the project cost which he feels is high for a park in architectural terms. He feels spending $1.9 million for a park is too much money. Richard Hasko, Director of Environmental Services, stated this does not include construction administration; however, it does pick up where Digby's contract left off. Mr. Levinson moved to approve and authorize the City Manager to negotiate an amount not to exceed $160,321.00, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 4 to 0 vote. -7- 07/20/04 9.A. REQUEST FOR IN-LIEU PARKING SPACES/CHRISTINA'S RESTAURANT: Consider a request from Christina's Restaurant for the purchase of four (4) in-lieu parking spaces in the amount of $24,000.00. Christina's Restaurant is nd · located at 65 N.E. 2 Avenue (Ocean C~ty Lumber Complex). (Quasi-JudicialHearing) Mayor Perlman read into the record the City of Delray Beach procedures for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items. Chevelle D. Nubin, Acting 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 #2004-281 into the record. Mr. Dorling stated Christina's restaurant is a conversion of 1,050 square feet of retail space to a restaurant and the creation of an additional 149 square feet of outdoor dining area of a restaurant currently located in the Ocean City Lumber Complex. The applicant is requesting the purchase of four (4) in-lieu parking spaces at a cost of $6,000 each, for a total of $24,000, to be paid in full upon issuance of a building permit. LDR Section 4.6.9(E)(3) states "if it is impossible or inappropriate to provide the required number of on-site or off-site parking spaces, the City Commission may approve the payment of a fee in-lieu of providing the required parking, pursuant to the following provisions." The development has a 23 space surplus; the applicant fails to meet required findings pursuant to LDR Section 4.6.9(E). At its meeting of June 10, 2004, the Community Redevelopment Agency (CRA) supported the proposed expansion. They did not support the in-lieu request based on the surplus of parking currently available. At its meeting of June 22, 2004, the Parking Management Advisory Board failed to forward a recommendation as the results of a motion to deny resulted in a 3-3 tie (Gillie, Wheat and Poli dissenting). At its meeting of June 23, 2004, the Site Plan Review and Appearance Board (SPRAB) supported the site plan modification unanimously. A second motion for the in-lieu parking request was approved 4-1. Christina Betters, 65 N.E. 2nd Avenue, Delray Beach (Applicant), stated she has been in town for many years and was informed she could purchase the four (4) in-lieu parking spaces. She stated she has already made commitments and would like to purchase the spaces. Mayor Perlman stated if anyone from the public wishes to address the Commission regarding the request for in-lieu parking spaces, to come forward at this time. -8- 07/20/04 Cecelia Boone, stated she does the leasing on Ocean City Properties (N.E. 2nd Avenue), and never intended to give Mrs. Betters another four spaces. However, now that Mrs. Betters would like to expand, it could impact their bank. Mrs. Boone stated the Parking Management Advisory Board (PMAB) is working on tightening the in-lieu spaces allowed and they could be prohibited from developing their property in the future if this passes. Mrs. Boone urged the Commission to allow Mrs. Betters to purchase these parking spaces so that they do no impact the bank because it will be inappropriate once it is developed. Janet Onnen, 220 N.E. 1st Street, Delray Beach, stated she was on the Parking Management Advisory Board (PMAB) for many years and commented that the purpose of the in-lieu parking fees was never fully developed and explained. Mrs. Onnen stated it was her understanding that the in-lieu fees were to be collected so that the City would not end up with pieces of parking everywhere. Mrs. Onnen expressed concern that she may not be able to develop the property. There being no one else from the public who wished to address the Commission regarding the in-lieu request, the public hearing was closed. Mr. Dorling stated the bank would not have the impact of prohibiting the development and stated there are uses that could continue such as vested parking. Mr. Dorling stated it is currently for retail space and they could not necessarily increase it to the degree that they may want to if they exceed that bank of 23 parking spaces. He stated they could continue to reoccupy any of those bays with retail uses and have no impact on the bank. Mayor Perlman stated Pineapple Grove is going to succeed if restaurants are located there but because of the lack of parking, the Commission is not able to approve restaurants with some of the projects because there is not enough space. He expressed concern over the City implementing a policy that is going to have sustainable development moving forward. Mr. Levinson expressed concern that this project has excess spaces and the applicant wishes to hold the spaces for the future. Mr. Costin echoed concerns expressed by Mr. Levinson. Mrs. Archer stated she does not agree for a landowner or developer to hoard the parking spaces before there is any development. Mayor Perlman stated he has a lot of respect for what Mrs. Onnen has done for Pineapple Grove. However, there is an LDR that is very clear and he expressed concern over the precedent this could set. Mr. Costin stated he admires Mrs. Onnen for her foresight; however, concurs with comments expressed by Mayor Perlman. -9- 07/20/04 Mr. Levinson moved to approve the request for in-lieu parking spaces for the purchase of four (4) in-lieu parking spaces in the amount of $24,000.00, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson - No; Ms. McCarthy - No; Mayor Perlman - No; Mr. Costin - No; Mrs. Archer - No. Said motion to approve the request was DENIED with a 5 to 0 vote. 9.B. REQUEST TO REDUCE LIENS/SOOKHOO: Consider a request from Mr. Adesh R. Sookhoo to waive the interest and administrative fees totaling $4,176.75 assessed for abating nuisances on property located at 1119 N.W. 1st Street. Mr. Sookhoo is prepared to pay the City's out-of-pocket expenses in the amount of $3,568.19. Staff recommends denial. Lula Butler, Director of Community Improvement, stated this is a request from Mr. Adesh Sookhoo to release a portion of the liens assessed for abating certain nuisances in the form of accrued interest and administrative fees to property addressed at 1119 N.W. 1st Street. The total amount of the accrued interest and administrative fees is $4,176.75. Mr. Sookhoo acquired the property via the purchase of a tax certificate in the amount of $9,113.11. The City's out-of-pocket costs total $3,568.19. Staff is recommending denial of the applicant's request to reduce liens assessed to his property on N.W. 1st Street in the amount of $4,176.75, based on the fact that the request does not meet the requirements for reduction under the policy adopted by the City Commission in October 2003. Mr. Costin moved to support staff s recommendation to deny the request based on the fact that the request does not meet the requirements for reduction under the policy adopted by the Commission in October 2003, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.Co CHILDREN' S SERVICES COUNCIL/MEMORANDUM OF AGREEMENT AND SUBCONTRACTS/COMMUNITY CHILD CARE CENTER/CHILDREN CASE MANAGEMENT ORGANIZATION: Consider approval of a Memorandum of Agreement between the City of Delray Beach and Children's Services Council (CSC) in the amount of $931,676.00 in support of the Beacon Center Services at Village Academy Elementary School and Subcontracts between the City and the Community Child Care Center and the Children Case Management Organization for carrying out services at the Beacon Center. Lula Butler, Director of Community Improvement, stated this is a Memorandum of Agreement between the City of Delray Beach and the Children's Services Council (CSC) of Palm Beach County in the amount not to exceed $931,676 in support of the Beacon Center Services at the Village Academy Elementary School for the period of August 1, 2004 through September 30, 2005. In addition, Mrs. Butler stated staff is requesting the Commission to approve the agreement between the City of Delray Beach and the Community Child Care Center (CCCC) for services for two months for the period August 1, 2004 through September 30, 2004 as the non-profit partner who will be -10- 07/20/04 responsible for carrying out the services at the Beacon Center. Mrs. Butler stated the third agreement is between the City of Delray Beach and the Children's Case Management Organization (CCMO) for social work services to children and families for the period of August 1, 2004 through September 30, 2004. At their meeting of May 24, 2004, the Children's Services Council Board of Directors selected the City of Delray Beach as the contract provider designated as the "Central Agency" under the formal agreement for the Beacon Center at Village Academy Elementary School. The CSC and the City, utilizing a collaborative process, jointly selected the Community Child Care Center as the non-profit partner under the competitive process called "Invitation to Negotiate" on June 17, 2004. CCMO funding is allocated as a part of the Beacon Center budget for required services. Mr. Levinson stated he knows very little about the Children Case Management Organization (CCMO) and suggested that they give a presentation at a City Commission Workshop meeting after their budget is complete. Mrs. Butler stated the CCMO's budget is complete for both the two month period and the annual year. She stated staff will schedule this as soon as possible. Mr. Costin stated this is great for Delray and he is very pleased. Mayor Perlman thanked Nancy Hurd, Executive Director of the Community Child Care Center (CCCC), for stepping up to the plate and stated he is excited to see the number of services that will be delivered to children and the families in this neighborhood. He appreciates everything everyone has done to help facilitate this and noted this is the first time the Children's Services Council (CSC) has partnered with the City. Mrs. Archer moved to approve the Memorandum of Agreement between the City of Delray Beach and the Children's Services Council (CSC) of Palm Beach County in support of the Beacon Center services at Village Academy Elementary School and the subcontracts as proposed between the City and the Community Child Care Center (CCCC) and Children Case Management Organization (CCMO) for carrying out services at the Beacon Center, 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. At this point, Mrs. Butler thanked Terrill Pyburn, Assistant City Attorney for her assistance. 9ono AMENDMENT NO. 1 AND AMENDMENT NO. 2/INTERLOCAL AGREEMENT/PALM BEACH COUNTY: Consider approval of Amendment No. 1 and Amendment No. 2 to the Interlocal Agreement between the City of Delray Beach and Palm Beach County to provide for an equitable sharing of the local gas tax revenue in the event of either the future creation of a new municipality or the future dissolution of a municipality in Palm Beach County. -11- 07/20/04 The City Manager stated Palm Beach County levies local option gas taxes totaling 11 cents per gallon which must be shared with municipalities. He stated the new municipality's share of the local option gas tax will come from the county and the municipalities in the same proportion as the tax is currently being divided between the two. That is, the County would contribute 66 2/3% and 79% respectively from the two gas tax levies, with the balance coming from the municipalities. The total County and municipal shares would be recalculated to reduce the County share and increase the municipal share in future years. Per Florida Statute, the City Manager stated an interlocal agreement for allocation of gas tax funds requires the approval of municipalities which include a majority of the municipal population in the County. Mayor Perlman commended the City Manager for his work over the years with regard to this issue. Mr. Levinson echoed comments expressed by Mayor Perlman. Mr. Levinson moved to approve Amendment No. 1 and Amendment No. 2 to the Interlocal Agreement between the City of Delray Beach and Palm Beach County, 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. 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. 32-04: Privately initiated small scale Future Land Use Map (FLUM) Amendment from CF-R (Community Facilities-Recreation) to CC (Commercial Core) and rezoning from CF (Community Facilities) to CBD (Central Business District) for a 2.42 acre parcel of land to be known as The Strand, bordered by S.E. 1st Street on the north, S.E. 2nd Street on the south, S.E. 3rd Avenue on the east, and the Florida East Coast (F.E.C.) Railway on the west. Prior to consideration of passage of Ordinance No. 32-04 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. 32-04 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 CF-R (COMMUNITY FACILITIES-RECREATION) TO CC (COMMERCIAL CORE); ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND PLACING LAND PRESENTLY ZONED CF (COMMUNITY FACILITIES) TO CBD -12- 07/20/04 (CENTRAL BUS1NESS DISTRICT); SAID LAND BEING A PARCEL OF LAND LOCATED ON THE WEST SIDE OF SE 3RD AVENUE, BETWEEN SE 1sT STREET AND SE 2ND 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. 32-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A quasi-judicial 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. Chevelle D. Nubin, Acting 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 files #2004-254 & #2004-255 into the record. Mr. Dorling stated the subject property incorporates that portion of Block 86 lying east of the F.E.C. Railway right-of-way containing approximately 2.42 acres. The property is presently zoned CF (Community Facilities) with an underlying compatible FLUM designation of CF-R (Community Facilities-Recreation). This development proposal will encompass approximately 25,000 square feet of ground floor retail floor area and up to 140 condominium residences on the subject property and an adjacent property to the north (across SE 1st Street). This FLUM amendment is being processed as a small scale amendment and is not limited by the twice a year cap of Florida Statutes. At its meeting of May 25, 2004, the Community Redevelopment Agency (CRA) considered this request and recommended approval with no objections. At its meeting of May 19, 2004, the Downtown Development Authority (DDA) reviewed the proposed FLUM amendment and rezoning and had no objections. At its meeting of June 21, 2004, the Planning and Zoning Board held a public hearing in conjunction with the FLUM amendment and rezoning request. One (1) member from the public spoke on the item and indicated a concern as to the amount of residential development in the downtown. After discussing the proposal, the Board voted 6-0 (Krall absent) to recommend that the requests be approved, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the -13- 07/20/04 Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the LDR's. Dodi Glas, Planner with Urban Design Studio representing Cary Glickstein, explained that Mr. Glickstein is not present this evening because of a planned family vacation. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 32-04, the public hearing was closed. Prior to the vote, Mayor Perlman asked staff if this is consistent with the Downtown Master Plan. Mr. Dorling stated this is consistent with the Downtown Master Plan. Mr. Costin inquired whether or not it is being envisioned as a mixed use. Mr. Dorling stated this is being envisioned as mixed use. Mayor Perlman asked if there is any office space envisioned. Mr. Dorling stated it is his understanding that at this time it is just for retail. Mrs. Glass stated at this time it is set for retail. Mr. Costin stated there is a need for small professional office space in the downtown area without driving people out of the area to accommodate their professional needs and this may be something worthy of consideration. Mrs. Glass stated there is a similar project with retail and condominium units in West Palm Beach because it was intended to be mixed use. Mayor Perlman reiterated concerns expressed by Mr. Costin and stated he feels it is important to have a mix of residential retail and employment downtown. Mr. Costin moved to adopt Ordinance No. 32-04 on Second and FINAL 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. 10.B. RESOLUTION NO. 55-04: Consider approval of a resolution adopting the final assessment roll, Pineapple Grove Way Special Assessment District. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The caption of Resolution No. 55-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE -14- 07/20/04 FINAL ASSESSMENT ROLL FOR THE PINEAPPLE GROVE WAY SPECIAL ASSESSMENT DISTRICT TO INCLUDE THOSE PROPERTIES ABUTTING PINEAPPLE GROVE WAY (N.E. 2nd STREET) FROM THE FIRST ALLEY INTERSECTION NORTH OF ATLANTIC AVENUE TO N.E. 4th STREET, AS MORE FULLY DESCRIBED HEREIN; PROVIDING FOR THE ASSESSMENT AMOUNT AS TO EACH PROPERTY; PROVIDING FOR THE METHOD OF PAYMENT OF THE SPECIAL ASSESSMENT; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 55-04 is on file in the City Clerk's office.) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Perlman declared the public hearing open. Brian Shutt, Assistant City Attorney, stated this item is the final assessment roll for Pineapple Grove Way. He stated the highlighted sections are changes made to the final assessment roll by City staff and the linear footage was reduced on certain side streets. Therefore, the amount that will be assessed to the property owners through the final assessment roll will be 1/3 of the costs. The special assessment cost shall be divided between the City, CRA and property owners with each party paying a 1/3 share. Janet Onnen, 220 N.E. 1st Street, Delray Beach, expressed concern over the amount of the assessment and urged the Commission to review the interest rate of 8% attached to the assessment if she decided to pay the assessment in twenty (20) annual installments. Mrs. Onnen suggested that the interest rate be reduced on this assessment and all other partnerships the City has with the CRA regarding property owners'. Cecelia Boone, Pineapple Grove Mainstreet, stated other property owners' share the same concern. She stated everyone is grateful for the street improvements and appreciate the opportunity to pay the assessment in installments. However, Mrs. Boone concurs with comments expressed with Mrs. Onnen regarding reducing the interest rate to be more in line with the City's risk. The City Attorney stated currently eight percent (8%) is a requirement of the LDR's and the City Code. Therefore, if the Commission wishes to reduce the interest rate, the ordinance and resolution would have to be amended. The City Manager stated the City is not in the business of financing or banking. He stated property owners have the option to finance with lending institutions -15- 07/20/04 outside the City if they wish to obtain a lower interest rate. There being no one else from the public who wished to address the Commission regarding Resolution No. 55-04, the public hearing was closed. Mr. Levinson moved to adopt Resolution No. 55-04 with the amended spreadsheet, 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. 10.C. RESOLUTION NO. 56-04: A resolution establishing a budget for the Stormwater Utility System, establishing the rates for FY 2005 Stormwater Management Assessments, and certifying and adopting the Stormwater Assessment Roll. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The caption of Resolution No. 56-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A BUDGET FOR THE STORMWATER UTILITY SYSTEM; ESTABLISHING RATES FOR STORMWATER MANAGEMENT ASSESSMENTS FOR EACH PARCEL WITHIN THE BENEFITTED AREA, OTHER THAN NON-ASSESSED PROPERTY; PROVIDING FOR A PUBLIC HEARING, ALL IN ACCORDANCE WITH CHAPTER 56 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, AND RELEVANT STATUTORY AUTHORITY; PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE STORMWATER ASSESSMENT ROLL. (The official copy of Resolution No. 56-04 is on file in the City Clerk's office.) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 56-04, the public hearing was closed. Mr. Levinson moved to approve Resolution No. 56-04, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. -16- 07/20/04 10.D. ORDINANCE NO. 37-04 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending Ordinance No. 13-04, Section 4, "Duration of Moratorium/Extension of Moratorium" to extend the moratorium on Adult Arcade Establishments for ninety (90) days. 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. 37-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 13-04, SECTION 4, "DURATION OF MORATORIUM/ EXTENSION OF MORATORIUM" BY AMENDING THE TEMPORARY BUILDING MORATORIUM ON ARCADES TO EXTEND THE MORATORIUM FOR A PERIOD OF N1NETY (90) DAYS FROM THE DATE OF ADOPTION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 37-04 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. 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 #2004-048 into the record. Mr. Dorling stated approximately four months ago the City Commission passed an ordinance placing a moratorium on adult arcades and the ordinance will expire on July 11, 2004 and this ordinance will extend the moratorium for a period of ninety (90) days. Staff is drafting some regulations for this type of use. Mr. Levinson stated this is a big problem in a couple of cities. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 37-04, the public hearing was closed. -17- 07/20/04 Mrs. Archer moved to adopt Ordinance No. 37-04 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.E. ORDINANCE NO. 34-04: An ordinance amending the Land Development Regulations Section 4.3.3(P), "Satellite Dish-Satellite Television Antenna", to provide updated regulations for Satellite Dishes and Antennas. (Postponed due to further advertising) The caption of Ordinance No. 34-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER FOUR, "ZONING REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS, SECTION 4.3.3.(P), "SATELLITE DISH - SATELLITE TELEVISION ANTENNA"; TO PROVIDE AN UPDATED ORDINANCE ON SATELLITE DISHES; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 34-04 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Mr. Levinson moved to postponed Ordinance No. 34-04 to the regular City Commission meeting of August 3, 2004, 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 11, Comments and Inquires on Non-Agenda Items from the City Manager and the Public. ll.A. City Manager's response to prior public comments and inquiries. With regard to a prior concern expressed by Mr. Athouriste that a basketball court be installed at Currie Commons Park for the youth in the area, the City Manager stated the idea was discussed with a neighborhood association and they rejected the idea noting some of the normal problems associated with youth congregating. The youth from the Osceola neighborhood are the highest users of the basketball courts at the Teen Center immediately east of this area because it is in walking distance. The City Manager stated the City will look into construction of basketball courts in Currie Commons Park as part of the Parks Bond Park upgrade project and also give the Osceola Park residents the opportunity to review this and see if something can be done that the neighborhood will find acceptable. -18- 07/20/04 With regard to a prior concern expressed by Mr. Warner about a 40% increase in the City's budget (2000-2004), the City Manager stated by staff' s calculations the increase is 33.61%. The City Manager stated the 2004 budget is inflated because of several different reasons. One is the $700,000 advance to the library the City will be getting back in grants and also the transfer of $2 million to the General Construction Fund because of the assessment projects the City is funding. The City Manager stated this shows up as an expense in the budget even though it is a loan the City will be receiving in the future. The City Manager stated in Mr. Warner's Letter to the Editor he commented about the Police Department being chronically understaffed. The City Manager stated if Mr. Warner was talking about the number of Police Officer's positions in the budget, the way this is looked at is the number of officers per thousand residents. The City of Boca Raton has 2.03, Boynton Beach has 2.07, and the City of Delray Beach has 2.38. If he is talking about Police vacancies, approximately three years ago the City Commission made some significant changes in the pay and benefit package and therefore the vacancies have been eliminated. The vacancies the City currently has are due to normal turnover. The City Manager stated with regard to prior comments expressed by Mr. Rothman about separation of church and state, the Police Department's involvement with Mr. Rothman on church property has always been at the request of the church's clergy administrative staff or congregants. The City Manager stated Mr. Rothman has been disruptive and disorderly which necessitates the involvement of the police. The Police Department will continue to respond to calls for assistance from any church or house of worship and will take appropriate measures to handle the situation. Mr. Rothman's request for a policy prohibiting the police from taking lawful and necessary actions is without merit or lawful standing. The City Manager stated the Federal Aviation Administration (FAA) considers powered paragliders as ultralight aircraft and by definition are those aircrafts that weigh less than 254 pounds, carry no more than one single occupant, and they do not require any licensing or certification by the FAA. Ultralight Vehicle Operations may only be conducted as a sport or recreational activity and the operators of these vehicles are responsible for assessing the risks involved to assure the safety of those not involved in the sport. Under Part 103, no person may operate an ultralight vehicle except between the hours of sunrise and sunset unless the vehicle is equipped with an operating anticollission light that is visible for at least 3 miles and then the vehicles may be operated during the twilight periods 30 minutes before official sunrise and 30 minutes after official sunset. Each person operating an ultralight vehicle is responsible for maintaining vigilance and no person may operate an ultralight vehicle over any congested area of a city, town, or settlement or over any open air assembly of persons. The City Manager stated he is not sure what is considered "any congested area" and whether this means any kind of developed area. There are some things the City could possibly do -19- 07/20/04 under its own police powers; however, the other question is what authority the City may have to enforce Part 103. 11.B. From the Public. ll.B.1. Robert Finkel~ 317 Coral Trace Court~ Delra¥ Beach~ distributed a copy of a letter to the Commission and stated he is still trying to obtain information regarding the loss on the resale for the Tate property. Mr. Finkel inquired whether or not there will be a tax increase to cover the loss. Secondly, Mr. Finkel commented about an article in the Palm Beach Post written by Mayor Perlman. ll.B.2. Mary Alford~ 31 N.W. 14th Avenue~ Delra¥ Beach~ stated she is agonizing over losing the Post Office and suggested that the City consider establishing a building to open a Post Office along Atlantic Avenue. Mrs. Alford stated if people have to travel to the Post Office located on Military Trail it will be a hardship for everyone. ll.B.3. Jim Smith~ 1225 S. Ocean Boulevard~ Delra¥ Beach~ concurs with comments expressed by Mrs. Alford regarding the Post Office. Secondly, Mr. Smith thanked the City Engineer for figuring out a way for Florida Department of Transportation (FDOT) to fill in the sidewalk gap on Atlantic Avenue in front of Busch's Seafood restaurant. Mr. Smith urged the City Manager or Mayor Perlman to write a letter to the County to ask the County to build bicycle lanes on Congress Avenue because of the following justifications: (1) the new Atlantic High School, (2) a bicycle fatality, and (3) Congress Avenue is a known bicycle commuter road. He urged the Commission to approve the 23 recommendations the Pedestrian/Bicycle Task Team presented approximately one year ago. Mr. Smith stated he was nearly hit by a bicyclist and suggested that a sign be posted to read "Please Slow Down When Approaching a Pedestrian and Audible Signal". Furthermore, Mr. Smith stated when there are bicycle lanes installed along A-l- A the sign can be changed to read "No Bicycles Allowed on the Paved Shoulder". At this point, the time being 7:40 p.m. the Commission moved back to Item 9.E. of the Regular Agenda. 9.E. PROPOSED MILLAGE RATE: Consider approval of a proposed millage rate for FY 2005, and set the budget review and adoption schedule. The City Manager gave a brief overview of the budget and proposed millage rate. - 20 - 07/20/04 The City Manager stated as the budget currently stands there is $415,000 in the contingency account to address labor negotiations and civil service. The City Manager stated budgeting is all about priorities and there are a variety of options to get the millage rate to 8.0 mills; however, it will require cutting the budget by approximately $750,000.00. Staff recommends setting the proposed millage rate at a maximum of 8.23 with making every effort to lower it between now and the budget hearings scheduled for September. Staff also suggested holding an extra Budget Work Session on August 24, 2004 and a third Budget Work Session on August 31, 2004 if necessary. The public hearings for the budget are scheduled for the City Commission meetings on September 7, 2004 and September 21, 2004. Mr. Levinson stated he feels the City has had some pretty good years; however, he does not want to build in permanent increases. He supports the millage rate being reduced to 8.0 mills and concurs with the City Manager that this is an issue of priorities. Mr. Costin stated he supports an 8.0 mill levy if this can be accomplished and concurs with comments expressed by Mr. Levinson. Mrs. Archer stated she too would like to see the millage rate stay at 8.0 mills; however, she feels the Commission should consider 8.23 as a cap for the millage rate. Ms. McCarthy stated she is supportive of keeping the millage at 8.0 mills. She asked how the City is doing with the reserves. The City Manager stated the reserves have been used to fund the assessment projects and he is hopeful the money will come back in quickly. Mayor Perlman stated he supports maintaining the millage rate at 8.0 mills especially because the City is having a 14 percent growth and will not support anything over 8.0 mills. The City Manager stated there are a number of cities now where CRA's are helping to fund public safety within their district and noted the CRA's revenues are going up approximately $1.2 million this year. Mayor Perlman commended the City Manager for all his work on the budget and feels the CRA should step up to the plate. Mayor Perlman stated he received a request from both the CRA and the DDA to hold a Joint Work Session. Mayor Perlman suggested that this be held on August 31, 2004. Brief discussion by the Commission followed. Mr. Levinson moved to approve the proposed millage rate at 8.23 maximum with direction to the City Manager to work at reducing it to 8.0 mills, 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. -21 - 07/20/04 9.F. PENSION MULTIPLIER INCREASE FOR RETIRED POLICE OFFICERS AND FIREFIGHTERS IN THE DEFERRED RETIREMENT OPTION PLAN {DROP): Consider a request from retirees in the Deferred Retirement Option Plan (DROP) to be allowed to purchase the increase in pension multiplier from 3% to 3 ~A% which was approved for Police Officers and Firefighters earlier this year. The City Manager stated he was not able to get in touch with Douglas Vaughn, City of Delray Beach Police and Firefighter Pension Trustee. Brief discussion between the Commissioners followed. The City Manager stated the scenario that staff has discussed is there may be some people who are currently in the Deferred Retirement Option Plan (DROP) and if they went ahead and retired and took out their DROP accumulation, they could buy the increased multiplier. Mr. Levinson stated he is in favor of offering this to the retirees in the DROP Plan that wish to purchase the increase in pension multiplier from 3% to 3 1/2% because it may make sense for some individuals. Mayor Perlman stated the individuals would have to pay their own actuarial studies, etc. The City Manager suggested that a ninety (90) day provision be written in the ordinance and that this also be offered to all Police and Fire retirees. The Commission gave direction to the City Attorney to prepare an ordinance to include a ninety (90) day provision giving all the Police and Fire retirees the option to purchase the increase in pension multiplier from 3% to 3 ~A%. 9.G. REFERENDUM BALLOT QUESTIONS/REMOVING DEED RESTRICTIONS: Consider approval of the revised ballot wording for the Referendum Special Election to be held on November 2, 2004 regarding removing the deed restrictions on Block 52 (Tennis); and on the North 48 feet of Lot 15, Block 101 (Library) and provide direction regarding advertising in Creole as well as Spanish and English. The City Attorney stated there needs to be a first and second reading for the ordinances regarding the referendum questions. After brief discussion, it was the consensus of the Commission to move forward with Version #3 for the ballot wording and direct the City Attorney to draft ordinances and bring back to the Commission. 9oHo take action. BEXLEY PARK ISSUES: Bexley Park update and/or authorization to - 22 - 07/20/04 The City Attorney stated she is pleased with the progress thus far with regard to the Bexley Park issues. She stated staff is waiting for an "option list" to see if it is meeting the intent of the contract and expects to receive this by the end of the month. Mayor Perlman stated the progress has exceeded the City's expectations in terms of reductions of home prices and lot premiums. He is very pleased with the work that the City Attorney and Jeff Costello, Assistant Planning Director has done with regard to this issue. Mr. Levinson expressed concern over the first fifty people who originally declined and suggested that they be invited back into the lottery. Mayor Perlman stated there will be more releases and additional lotteries forthcoming. He stated the changes D.R. Horton is proposing are significant enough that it may entice many of these people back into the lottery and noted staff can discuss this with D.R. Horton. 9.1. RATIFICATION OF APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD: Ratify the reappointments of Ronald Radabaugh as the Chamber of Commerce representative and Richard Sheremeta as the Downtown Development Authority representative on the Parking Management Advisory Board for terms ending August 1, 2006. Mrs. Archer moved to approve and ratify the reappointments of Ronald Radabaugh as the Chamber of Commerce representative and Richard Sheremeta as the Downtown Development Authority representative on the Parking Management Advisory Board for two year terms ending August 1, 2006, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.J. CONTRACT AWARDS/CHEMICALS AND FERTILIZERS: Consider approval of multiple contract awards, for the purchase of chemicals and fertilizers, via the Co-op Bid #2004-10 at an estimated annual cost of $212,380.00. Funding from Parks and Recreation Operating Budget in the estimated amount of $102,380.00 and from the Delray Beach Municipal Golf Course and Lakeview Golf Course operating budgets in the estimated amount $110,000.00. FY 2004/2005. The City Manager stated this is a request for the City Commission to approve multiple awards to low responsive bidder(s). The City of Delray Beach is the lead entity for this co-operative bid. Mr. Costin moved to approve multiple contract awards for the purchase of chemical and fertilizers via the Co-op Bid #2004-10, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. - 23 - 07/20/04 At this point, the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 45-04: An ordinance amending Chapter 111, "Advertising", by repealing Chapter 111 in its entirety and amending Chapter 118 "Solicitors and Peddlers", by repealing Chapter 118 in its entirety and enacting a new Chapter 118 "Solicitors and Peddlers", to provide an updated code including new provisions on the vending of products from motor vehicles. If passed, a public hearing will be scheduled for August 3, 2004. The caption of Ordinance No. 45-04 is as follows: AN ORDINANCE OF THE CITY COMMISSON OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE IX, "BUSINESS REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER 111, "ADVERTISING", BY REPEALING CHAPTER 111 IN ITS ENTIRETY AND AMENDING CHAPTER 118, "SOLICITORS AND PEDDLERS", BY REPEALING CHAPTER 118 IN ITS ENTIRETY AND ENACTING A NEW CHAPTER 118, "SOLICITORS AND PEDDLERS" TO PROVIDE AN UPDATED CODE ON SOLICITORS AND PEDDLERS INCLUDING NEW PROVISIONS ON THE VENDING OF PRODUCTS FROM MOTOR VEHICLES; PERMIT REQUIREMENTS FOR JUVENILES ENGAGING IN SOLICITING AND PEDDLING; AND THE INCLUSION OF THE DISTRIBUTION OF HANDBILLS IN THE SAME CHAPTER FOR EASE OF REFERENCE; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 45-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Prior to the vote, Mr. Levinson stated both Carolyn Gholston and Evelyn Dobson are very appreciative of the Commission addressing this issue. He concurs that there is a potential danger for the children in the streets. Mrs. Archer stated she is in favor of placing some controls on the solicitors and supports this ordinance. - 24 - 07/20/04 Mr. Costin moved to approve Ordinance No. 45-04 on FIRST Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. Comments and Inquiries on Non-Agenda Items. 13.A. City Manager With regard to comments expressed by Mr. Costin regarding the contract award for the purchase of chemicals and fertilizers via the Co-op Bid #2004-10, the City Manager stated co-purchasing is not recognized widely enough and pointed out with this particular bid, the City of Boca Raton, City of Boynton Beach, City of West Palm Beach, Palm Beach County Solid Waste Authority, City of Lake Worth and the City of Greenacres work together and jointly put these products to bid. The City Manager stated different cities take the lead and stated the City of Delray Beach is the lead city on this particular bid. The City Manager stated staff does try to take advantage of putting its purchasing power together with other cities to get the best prices. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. 13.C.1. City Commission. Mrs. Archer Mrs. Archer had no comments or inquiries on non-agenda items. 13.C.2. Mr. Costin Mr. Costin had no comments or inquiries on non-agenda items. 13.C.3. Ms. McCarthy Ms. McCarthy stated she had the pleasure of watching the new King and Queen of the Roots Cultural Festival and noted the Commission was inducted into the first official Hall of Fame for Roots. - 25 - 07/20/04 13.C.4. Mr. Levinson Mr. Levinson commented about an article in the Boca Magazine entitled "Politicians Who Get Things Done" and stated Mayor Perlman and Palm Beach County Commissioner Mary McCarty were selected for this honor. Secondly, Mr. Levinson stated he received an email which directed him to a website and there is an organization that has put together a contest for the "Mayor of the World". He stated Carolyn Gholston and Evelyn Dobson thanked the City Commission for including them in the Palm Beach County Black Elected Officials Gala and both were very appreciative of how the City is making process in fulfilling its commitment to the NW/SW Plan. With regard to comments expressed by Mrs. Dobson regarding the Post Office, Mr. Levinson stated he spoke with Randy Welker about the Post Office and there will be a retail store located next to the AIM Mail Center (The Esplanade Shopping Center) where stamps can be bought and things can be mailed. He stated stamps can also be bought from the stamp vending machine located inside the Post Office, Publix and Office Depot. He stated although the post office boxes are no longer available part of the postal service is still available to the public. He commented about an article in the Sun-Sentinel News regarding Auburn Trace and suggested that staff speak with the Delray Beach Housing Authority. Mr. Levinson stated he is distressed over Congressman Hastings' comment that was made at the Carver Square meeting. He commented about the Fire Academy Training Graduation held Friday evening and stated the oldest new recruit was 29 and the youngest was 19. Mr. Levinson stated a great way to look at success is when young people from the area want to return and reinvest themselves into the community. 13.C.$. Mayor Perlman With regard to Congressman Hastings' comment made at the Carver Square meeting, Mayor Perlman stated he wrote a letter to him and thanked him for his interest and assistance, although he did not appreciate the comment. Mayor Perlman commented about a letter from Carl Desantis' assistant for his donation of $750 for bullet proof vests for the Police Department. Mayor Perlman stated he attended the 100th Anniversary for Trinity Lutheran Church and stated the church is the fourth oldest congregation in the city. Mr. Levinson stated Tony Durante is doing a spectacular job at Trinity. - 26 - 07/20/04 Mayor Perlman stated he and Vice Mayor McCarthy attended the United Negro College Fund's (UNCF) Inaugural Scholarship Recipient Event and noted they both judged the essays. He stated twenty-seven students received scholarships and fair amounts of the people were from the City of Delray Beach. He stated the essays were very moving and he was very impressed with the students' r6sum6s. He stated the Roots Tropical Luncheon was enjoyable and noted the new King and Queen are Alfred and Lois Straglm. There being no further business, Mayor Perlman declared the meeting adjourned at 8:37 p.m. Acting City Clerk ATTEST: The undersigned is the Acting 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 July 20, 2004, which Minutes were formally approved and adopted by the City Commission on August 3, 2004 Acting 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. - 27 - 07/20/04