Loading...
10-05-04 Minutes OCTOBER 5~ 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, October 5, 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 Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, Acting City Clerk 2_ The opening prayer was delivered by Dr. William Quick with the Federation of Christian Ministries. 3_ The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor Perlman noted the addition of Item 9.O., Proposed County Charter Amendment Regulating Voluntary Annexatiom to the Regular Agenda by addendum. Mr. Costin moved to approve the 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. 5. APPROVAL OF MINUTES: Mrs. Archer moved to approve the Minutes of the Regular Meeting of September 21, 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. 6. PROCLAMATIONS: 6.A. Recognizing and Commending the Delra¥ Beach Ocean Rescue Competition Team Mayor Perlman read and presented a proclamation hereby recognizing and commending first place winners: Ocean Rescue Officer Mark Henkle, Paramedic - EMT Ocean Rescue Officer Regis Smeltz, Paramedic - EMT Ocean Rescue Officer Shawn Gibson, Paramedic - EMT and for superior achievement: Ocean Rescue Officer Jo Wagenhals, EMT Ocean Rescue Officer Nina Mattos, EMT Ocean Rescue Officer James Scala, EMT Ocean Rescue Officer Dylan Owens, EMT 6.B. Recognizing and Commending the Delra¥ Beach Ocean Rescue Junior Lifeguard Competition Team Mayor Perlman read and presented a proclamation hereby recognizing and commending the following Delray Beach Junior Lifeguards for their superior achievement at the United States Lifesaving Championships: Jesse Keiffer Parker Danciau Scott Phillips Jeff Phillips Thomas Keiffer Jessica Danciau Kaitlin Godden Allyson Danciau He recognized and commended the entire staff of the Ocean Rescue staff of the Ocean Rescue Division for their commitment to the youth of the City of Delray Beach, and congratulated them on a job well done with the 2004 Delray Beach Junior Lifeguard Program. Bob Taylor, Ocean Rescue Superintendent, came forward to accept the proclamation. 6.C. Breast Cancer Awareness Month - October 2004 Mayor Perlman read a proclamation hereby proclaiming the month of October 2004 as Breast Cancer Awareness Month and October 15, 2004 as Mammography Day in Delray Beach, Florida. -2- 10/05/04 6.D. Florida City Government Week- October 17-23~ 2004 Mayor Perlman read and presented a proclamation hereby proclaiming the week of October 17 through October 23, 2004 as Florida City Government Week in the City of Delray Beach, Florida. Robert A. Barcinski, Assistant City Manager, came forward to accept the proclamation. 6.E. National Epilepsy Awareness Month - November 2004 Mayor Perlman read a proclamation hereby proclaiming November 2004 as National Epilepsy Awareness Month in the City of Delray Beach, Florida. 6.F. AVDA (Aid to Victims of Domestic Abuse) 5K Run Mayor Perlman read and presented a proclamation hereby proclaiming the City's support of the 2004 Community of Hope 5K run/walk and urged everyone to join in this cause and become more aware of the growing problem of domestic abuse in our society. Pamela O'Brien, Executive Director of AVDA, came forward to accept the proclamation and thanked the City of Delray Beach for its support. 7. RESENTATIONS: 7.A. Spotlight on Education" - Nancy Hurd~ Director of the Community Child Care Center and the Beacon Center at Village Academy Nancy Hurd, Director of the Community Child Care Center of Delray Beach and the Beacon Center at Village Academy, gave a brief overview of the current programs at the Beacon Center. Ms. Hurd distributed lapel pins to the City Commission with the slogan "Whatever It Takes". Ms. Hurd stated they have 375 children enrolled in the Extended Day (K-5), 45-50 youth & teen (6th-12th grade), 20 walk-ins from the community, and 153 adults that are in a wide variety of programs in adult education. They have launched into a program called "CHAMPS" which is a research scientifically based program which is very interactive for academic enrichment. The K1ND Foundation supports a certified teacher and six instructors. The Center wrote a special grant and supported an additional nine. In addition, Ms. Hurd stated they will have a full day on Saturdays and will bring the Village Academy children to the FRC Center on their campus because they run a full day (7:30 a.m. - 4:30 p.m.) with full meals and field trips and a gymnasium is also available. Ms. Hurd stated this is very cost effective in not opening the entire school for 25 or 30 children. They have a program that they sponsor with the teens called "Write Notes" and it takes their love of music and teaches them what it takes to create original music. They are starting both a male/female basketball team and soccer and they provide a "child watch" for approximately 60-70 children at no cost, including meals for them while their adult parents are in classes. The Village Reader Program has 64 participants in ESOL and GED. Ms. Hurd stated they are participating in the School Advisory Committee (SAC). -3- 10/05/04 Ms. Hurd extended her appreciation for the City's partnership and thanked the City Commission for their support. 7.B. "Spotlight on Neighborhoods" - Shelly Weil~ Chairpersom Neighborhood Advisory Council Shelly Weil, Chairperson for the Neighborhood Advisory Council (NAC), stated at the City's recommendation NAC was recently formed with the vision to continue to improve and support neighborhoods. The first meeting of NAC was held in December 2003 and the Council has had ten meetings since then. He stated 110 neighborhoods have been divided into six zones. Mr. Weil stated NAC's slogan is "Improving Delray Beach Neighborhood by Neighborhood" and he read into the record their mission statement. NAC held a potluck dinner of all association presidents which was well attended. At that time, they approved the criteria and guidelines for the selection of the next three neighborhoods that will come back to the Commission for final approval. The Council writes a column every month for the News for Neighborhoods, and NAC took a tour of approximately one-third of the neighborhoods. He announced that NAC will be holding its second annual potluck dinner on Wednesday, October 20, 2004, and neighborhoods will include Lake Forest and Southridge. Mr. Weil stated NAC has placed its information on the City's website and will be updating the information as it becomes available. Neighborhood workshops will begin in January (i.e. including beautification, crime, and code enforcement). NAC has approved its work program which includes workshops, the continuation of strategic task team action plans, potluck dinners, a grant program, strengthening the communication piece, and creation of new neighborhood incentives. 8_ CONSENT AGENDA: City Manager Recommends Approval. 8.A. CONFIRMATION/RESCISSION OF EMERGENCY RESOLUTIONS: Confirm Emergency Resolutions A, B, D, and H pursuant to Chapter 95 of the City Code of Ordinances and approve the rescission of Resolution A and Resolution B. 8.B. FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) GRANT: Approve the application for a matching grant for the Federal Emergency Management Agency (FEMA) Grant in the amount of $46,088.00 to acquire a multi-risk safety demonstration trailer for fire safety and severe weather instruction purposes. City's required 30% matching portion is $19,752.00 for a total amount of $65,840.00. 8.C. QUANTUM FOUNDATION GRANT/COMMUNITY HEALTH IMPROVEMENT PROGRAM (CHIP): Approve the application for a non-matching grant to the Quantum Foundation of Palm Beach County in the amount of $467,331.64 to provide funding for three (3) years for a Community Health Improvement Program (CHIP) in the Fire-Rescue Department. -4- 10/05/04 8.D. SPECIAL EVENT REQUEST/HALLOWEEN PARADE: Approve a special event request to allow the Annual Halloween Day Parade to be held on October 30, 2004 from 1:30 p.m. until approximately 2:30 p.m., including temporary use permit per LDR Section 2.4.6(h) for the rolling closure of Atlantic Avenue from N.E. lst Avenue to Veterans Park, staff support for traffic control and security; contingent upon the receipt of a hold harmless agreement and certificate of liability insurance. 8.E. FUNDING FOR SPECIAL EVENTS AND GRANTS FOR FY 2005: Approve the Special Event and Miscellaneous Grant Funding for FY 2005. 8.F. FUNDING AGREEMENT/CHILDREN'S SERVICES COUNCIL: Approve a funding agreement between the City of Delray Beach and Children's Services Council (CSC) in the amount of $283,471.00 for the City's out of school program, day camps, and summer camp programs. 8.G. HOUSING REHABILITATION GRANT/CONTRACT AWARDS: Approve Housing Rehabilitation grant/contract awards through the Community Development Division in the amount of $24,675.00 to Tommy Preston (820 S.W. 3rd Court) and $20,973.75 to Tommy Preston (126 S.W. 11th Avenue). Funding is available from 118-1963-554-49.19 (Community Development Block Grant (CDBG) Program/Housing Rehabilitation) and 118-1924-554-49.19 (State Housing Initiatives Partnership (SHIP) Program/Housing Rehabilitation). 8.H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period September 20, 2004 through October 1, 2004. 8.1. AWARD OF BIDS AND CONTRACTS: 1_ Purchase award to Ferguson Enterprises, Inc. in the amount of $16,316.45 for the purchase of water main pipe materials to be installed by our in-house construction crew on the N.E. 5th Street and N.E. 6th Street/Palm Trail Water Main Improvements Project. Funding is available from 442-5178-536-63.50 (Water Main Rehabilitation). 2_ Purchase award to Hall-Mark Fire Apparatus/Horton Emergency Vehicles in the amount of $188,215.00 via the City of Columbus, Ohio bid for one (1) Heavy Duty Paramedic Rescue Vehicle for the Fire Department. Funding is available from 501-3312-591- 64.25 (Central Garage Fund/Heavy Equipment) FY 04/05. Mr. Costin moved to approve the Consent Agenda as presented, 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. -5- 10/05/04 9. REGULAR AGENDA: 9.A. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT & MEMORANDUM OF UNDERSTANDING/POLICE BENEVOLENT ASSOCIATION: Ratify and approve the Collective Bargaining Agreement and Memorandum of Understanding between the City and the Police Benevolent Association (Police Officers and Sergeants) for the three year period October 1, 2004 through September 30, 2007. Harry Hamilton, Human Resources Director, introduced the Union Negotiation Team and stated they spent three months negotiating approximately 38 items and came to an agreement a few weeks ago which the union ratified and now request approval of the City Commission. Mr. Levinson stated this was a great experience and everyone had a good working relationship. William E. McCollom, Major/Police Department, stated this is his first year being a part of the Union Negotiation Team and noted it was an enjoyable experience. In addition, Major McCollom stated he is very appreciative of the police officers' and Mr. Hamilton. Mr. Hamilton expressed his appreciation for the entire Police Benevolent Association (PBA) Committee. Mr. Levinson moved to approve the Collective Bargaining Agreement between the City and the Police Benevolent Association (PBA) for October 1, 2004 through September 30, 2007, including the Memorandum of Understanding, 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. 9.B. CONTRACT AWARDS/PROPERTY & CASUALTY INSURANCE COVERAGE: Consider approval of a contract award to various insurance companies as negotiated by our broker, Arthur J. Gallagher, for the City's Property and Casualty Insurance Policies effective October 1, 2004 at the annual premium of $1,316,649.00. Joseph Safford, Finance Director, stated this item is for a renewal of all the liability, property, and casualty insurance for the year. Mr. Safford stated the Commission is actually ratifying the action that has already been taken. Staff "bound" the property coverage days before the hurricane and therefore received very favorable rates. The insurance broker, Arthur J. Gallagher & Co., was able to keep the total premium under budget, even though the total insurable values increased by 14%, and while maintaining the current broad scope of insurance coverage. The overall package is a 2.14% increase. Staff is asking for ratification of the selection. -6- 10/05/04 Mayor Perlman stated it should also be noted that the total cost of the insurance program is $62,221 under that which was budgeted. He commended Mr. Safford for a job well done. Mr. Costin stated he is very impressed with the results of staff's efforts and thanked Mr. Safford and his staff for a job well done. Mr. Levinson commented about appraising the value of property and stated it increased from $79 million to $89 million. He asked if there is a process in place on a rotating basis similar to the budget process where every year a percentage of the properties will be re-valued. Mr. Safford stated a formal appraisal would have to be performed on all properties throughout the City of Delray Beach. Mrs. Archer asked if there were any claims as a result of the hurricanes. In response, Mr. Safford stated there were no claims and commented with hurricane coverage the City of Delray Beach has approximately a $500,000 SIR (Self-Insured Retention). The City of Delray Beach does not cover debris removal and this is where the major cost came from with regard to the hurricanes. Mr. Costin moved to approve to ratify the contract award to various insurance companies as negotiated by Arthur J. Gallagher (broker) for the City' s property and casualty insurance policies, 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. 9.C. FISCAL YEAR 2005 GOLF RATES/LAKEVIEW GOLF COURSE: Consider approval of the proposed fiscal year 2005 maximum golf rates for the Lakeview Golf Course. Robert A. Barcinski, Assistant City Manager, stated this item is before the City Commission for approval of the proposed maximum golf rates for the Delray Beach Lakeview Golf Course for fiscal year 2005. He stated additional information is provided based on comments received at the September 21, 2004 City Commission meeting. Mrs. Archer moved to approve the proposed maximum rates for the Delray Beach Lakeview Golf Course for fiscal year 2005, 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. 9.D. FISCAL YEAR 2005 GOLF RATES/MUNICIPAL GOLF COURSE: Consider approval of the proposed fiscal year 2005 maximum golf rates for the Municipal Golf Course. Robert A. Barcinski, Assistant City Manager, stated this item is before the Commission for approval of the proposed maximum rates for the municipal golf course -7- 10/05/04 for fiscal year 2005. He stated additional information is provided based on comments received at the September 21, 2004 City Commission meeting. Ms. McCarthy moved to approve the proposed maximum rates for the municipal golf course for fiscal year 2005, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 9.E. FISCAL YEAR 2005 TENNIS RATES/TENNIS FACILITIES: Consider approval of the proposed fiscal year 2005 maximum tennis rates for the Tennis Facilities. Robert A. Barcinski, Assistant City Manager, stated this item is before the Commission for approval of the proposed maximum rates for the tennis facilities for fiscal year 2005. He stated additional information is provided based on comments received at the September 21, 2004 City Commission meeting. Mr. Costin moved to approve the proposed maximum rates for the tennis facilities for fiscal year 2005, 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.F. ESTABLISH PERFORMANCE MEASURES FOR GOLF COURSES AND TENNIS FACILITIES: Consider approval of proposed performance measures for fiscal year 2004/2005 for the Municipal Golf Course, Lakeview Golf Course, and Tennis Facilities. Robert A. Barcinski, Assistant City Manager, stated this item is before the Commission for approval of performance measures for the Municipal Golf Course and Lakeview Golf Courses, and tennis facilities for fiscal year 2005. The proposed performance measures for the current fiscal year for the Municipal and Lakeview Golf Courses, and Tennis Facilities. The performance measures proposed are based on the goals and objectives approved in the fiscal year 2005 budget, as well as other agreed upon tasks. The proposed performance measures are shown with point assignments. Mayor Perlman stated he likes the way the point system is broken down. Mrs. Archer moved to approve the proposed performance measures for the Municipal and Lakeview Golf Courses, and Tennis Facilities for fiscal year 2005, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. -8- 10/05/04 9.G. SPECIAL EVENT REQUEST/CHRISTIAN RAP/HIP HOP CONCERT EVENT: Consider approval of a proposed Christian Rap/Hip Hop Concert sponsored by the Outside the Walls Ministries, Inc. to be held at Pompey Park on October 31, 2004 from 3:00 p.m. to 7:00 p.m. including temporary use permit per LDR Section 2.4.6(H) for the use of the park and staff assistance for security, traffic control, trash removal/clean up, event signage, and use/set up of the small City stage. Staff recommends denial. Robert A. Barcinski, Assistant City Manager, stated this item is a request from Outside the Walls Ministries, Inc. (sponsor) to hold a Christian Rap/Hip Hop Concert at Pompey Park on October 31, 2004 from 3:00 p.m. to 7:00 p.m. and approve a temporary use permit per LDR's Section 2.4.6(H) for the use of the park and staff assistance for security and traffic control, trash removal and clean up, event signage and use and set up of the small City stage. Mr. Barcinski stated the event would involve bounce houses for children, vendors, and entertainment. The primary concerns expressed by staff include noise as well as limited parking. In addition, the Parks and Recreation Director expressed some concerns with putting these activities on the outfield grass especially in the event it should rain. Staff sent Mr. Griffin a letter explaining staff's concerns suggesting that he look into the possibility of Old School Square or the tennis facilities. Staff overtime for this event is estimated at $3,500, $250 for stage rental and $250 for signage. Per event policies and procedures the event sponsor would not be required to pay for any of these costs. Mr. Barcinski stated his original recommendation was to deny the event request; however, if the City Commission chooses to approve this event at Pompey Park that it be approved subject to the following conditions: (1) Receipt of certificate of insurance and hold harmless agreement by 10/21/04, (2) Relocation of all activities off the outfield area to an area agreed to be staff, (3) Receipt of letters of support from the President's of the Neighborhood Associations around the Park. William N. Griffin, Jr., President/Founder of Outside the Walls Ministries, Inc. stated he created this positive event to reach out to the youth in the community. Mr. Griffin stated he will provide his own security in addition to the police officer's and he will not be using any bounce houses. He stated there will be tables on the outfield (13 x 6 tables) and instead of using bleachers he will be using chairs. Mrs. Archer asked if Mr. Griffin has a rain date scheduled. In response, Mr. Griffin stated he would be able to postpone the event to another date in the event of rain. Mr. Costin inquired as to what the tables will be used for. In response, Mr. Griffin stated vendors will use the majority of the tables to distribute information advertising their businesses and one table will be used to pass out Halloween candy. Mr. Costin asked if Mr. Griffin has an alternate plan versus using the grassy area. Mr. Griffin stated he prefers the outfield grass because it is a large area which can hold a large group of people. In addition, Mr. Griffin stated the reason he would like to hold the event on the field is because he is hopeful the music will help attract others to the event that are in walking distance. -9- 10/05/04 Mayor Perlman asked how many people Mr. Griffin anticipates will attend the event. In response, Mr. Griffin stated he estimates approximately 300 people and expects many teenagers will be walking to the event. Ms. McCarthy commented about the alternate space at Pompey Park (north grounds area). Mr. Griffin stated he was not aware this area was available. Mr. Levinson asked if the organization is non-profit. Mr. Griffin stated he has submitted his application regarding the 501(C)(3). Mr. Levinson stated he does not want to steer people to the cheapest place because there is either no cost or low cost. Therefore, the City is not getting any revenue for the use or for the displacement of people who would use the park on Sunday. Mr. Levinson expressed concerns over the noise in the neighborhood and the number of cars because of the parking issue. Mr. Griffin stated his long term goal is to keep the children away from crime. He is trying to approach this in a positive way to give children a purpose in life to achieve spiritually and educationally. Mayor Perlman stated he supports Mr. Griffin's mission, however, he expressed concerns over the noise and parking issue. Mayor Perlman asked if Mr. Griffin has discussed this with Brahm Dubin. Mayor Perlman stated he would prefer to see that this go to a venue that is better able to guarantee Mr. Griffin's success. Mayor Perlman stated he feels this will be problematic and suggested Mr. Griffin look into holding the event at Old School Square or the tennis facility. Mayor Perlman stated these facilities are designed for holding these kinds of events and their staff will help with organizing the event. Brief discussion continued between the Commission and Mr. Griffin. Ms. McCarthy moved to approve the special event request for the Christian Rap/Hip Hop Concert sponsored by the Outside the Walls Ministries, Inc. to be held at Pompey Park on the alternate field (north grounds) subject to the conditions listed in staff's memorandum dated September 30, 2004, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman - No; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - No; Ms. McCarthy - Yes. Said motion passed with a 3 to 2 vote, Mayor Perlman and Commissioner Levinson dissenting. At this point, the time being 7:05 p.m., the Commission moved to the duly advertised Public Hearing portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 31-04 (FIRST READING/FIRST PUBLIC HEARING): An ordinance rezoning from GC (General Commercial) to CBD (Central Business District) for 41.53 acres of land for properties generally located on the north and south sides of West Atlantic Avenue, between NW/SW 1st Avenue (100 Block) and -10- 10/05/04 NV~/SW 12th Avenue (1200 Block) within the West Atlantic Avenue Overlay District. If passed, a second public hearing will be scheduled for October 19, 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. 31-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT TO CBD (CENTRAL BUS1NESS DISTRICT) DISTRICT; SAID LAND BEING PARCELS OF LAND LOCATED ON THE NORTH AND SOUTH SIDES OF WEST ATLANTIC AVENUE, BETWEEN NW/SW 1ST AVENUE AND NW/SW 12TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JULY 2004"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 31-04 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 rezoning is associated with a City initiated Future Land Use Map Amendment from GC (General Commercial) to CC (Commercial Core) which is being processed in conjunction with the City's annual Comprehensive Plan Amendment 2004-02. The FLUM amendment and rezoning are being processed in response to direction provided in the adopted Downtown Delray Beach Master Plan which establishes a blueprint for the revitalization and unification of the City's downtown area, which is generally defined as the entire business corridor from 1-95 to Ocean Boulevard (A-l-A). The proposal is for the downtown area to have the same zoning designation, which is CBD. At its meeting of June 22, 2004, the City Commission reviewed this rezoning request on first reading along with the transmittal of Comprehensive Plan Amendment 2004-02; however, the rezoning was not properly advertised and is back before the Commission for a rehearing. At its meeting of May 17, 2004, the Planning and Zoning Board held a public hearing on this item in conjunction with the Comprehensive Plan Amendment 2004-02. There was some opposition from the public primarily related to concerns with -11- 10/05/04 displacing residences and property owners being forced to sell their properties for redevelopment. Mr. Dorling stated this is to apply zoning designation for the downtown area and it was not associated with any specific development proposal. The Board voted 4-0 (Pike, Sowards & Walker absent) to recommend approval of the proposed rezoning. Staff recommends approval. Mayor Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 31-04, the public hearing was closed. Mr. Levinson moved to adopt Ordinance No. 31-04 on First Reading/First Public Hearing by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(D)(5) and Chapter 3 of the LDR's, 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. 10.B. ORDINANCE NO. 58-04 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending Land Development Regulations (LDR), Appendix "A" "Definitions", to provide a definition of "Adult Gaming Center", "Coin-Operated Amusement Devices", and "Slot Machines" and enacting a new Subsection 4.3.3(AAA) "Adult Gaming Centers" and clarifying that adult gaming centers are conditional uses in the General Commercial (GC) and Planned Commercial (PC) Zoning Districts. If passed, a second public hearing will be scheduled for October 19, 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. 58-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING APPENDIX "A" TO PROVIDE A DEFINITION OF "ADULT GAMING CENTER", "COIN-OPERATED AMUSEMENT DEVICES" AND "SLOT MACHINES", BY AMENDING ARTICLE 4.3, "DISTRICT REGULATIONS, GENERAL PROVISIONS", SECTION 4.3.3 "SPECIAL REQUIREMENTS FOR SPECIFIC USES"; BY ENACTING A NEW SUBSECTION 4.3.3(AAA), "ADULT GAMING CENTERS", IN ORDER TO PROVIDE FOR REGULATION AND ZONING OF SUCH FACILITIES; AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", AND SECTION 4.4.12, "PLANNED COMMERCIAL (PC) DISTRICT" TO INCLUDE ADULT GAMING CENTERS AMONG THE -12- 10/05/04 CONDITIONAL USES ALLOWED IN BOTH THE GC AND PC ZONING DISTRICTS; ENACTING SECTION 113.03, "PROHIBITION OF CONSUMPTION, POSSESSION, OR SALE OF ALCOHOLIC BEVERAGES", PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 58-04 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 earlier this year, the City Commission conditional use request to establish an adult arcade amusement center within 4,200 square feet (three bays) of the shopping center at the southeast corner of Military Trail and Linton Boulevard (Boca Bay Plaza). At that time, there was discussion about whether this in fact met the definition or the exemption from gambling. The County of Sarasota was being reviewed by the courts to determine whether they met the definition of Arcade Amusement Facility. Given that situation, at its meeting of January 6, 2004, the City Commission did approve the Spinners Arcade subject to the conditional use being void if in fact the court case came out in opposition or considered this gambling. The court case has been finalized and it is exempt from gambling. At its meeting of March 11, 2004, the City Commission approved an ordinance (Ord. No. 13- 04) establishing a four month moratorium for Adult Arcade Establishments to enable staff to study the impacts of the use and develop criteria to establish the use. On July 20, 2004, the City Commission approved an ordinance (Ord. No. 37-04) extending the moratorium for 90 days to complete the LDR amendments. The regulation of these venues ensures that they are permitted as a conditional use in the appropriate compatible zoning classification of General Commercial (GC) and Planned Commercial (PC), and establishes criteria to ensure reduction in any secondary effects that would have a negative impact on the general public as well as the area surrounding the use. The proposed amendment does not permit adult gaming centers within 1,000 feet of an existing adult gaming center and does not permit the use within a designated redevelopment area. It also is not allowed in a historic site or a redevelopment area and it limits the hours of operation, age restrictions, has prohibitions with respect to sale of alcohol and requires licensing of all machines. The moratorium is scheduled to end October 20, 2004. At its meeting of September 27, 2004, the Planning and Zoning Board held a public hearing regarding the amendment. The Board voted 4-0 (Borchardt, Morris & Walker absent) to recommend to the City Commission approval of the proposed amendment, based upon positive findings with respect to LDR Section 2.4.5(M). -13- 10/05/04 Mayor Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 58-04, the public hearing was closed. Prior to the vote, Mayor Perlman inquired about the conditional use process and asked in the event one of these facilities were to go into a shopping plaza, would this hinder the success of the shopping plaza? In response, Mr. Dorling explained that the standard conditional use findings require that it does not have an adverse affect on surrounding properties which would include the property in question. Mr. Levinson moved to adopt Ordinance No. 58-04 on First Reading/First Public Hearing amending LDR's Appendix "A", enacting a new Subsection 4.3.3(AAA), "Adult Gaming Centers", and clarifying that Adult Gaming Centers are Conditional Uses in the General Commercial (GC) and Planned Commercial (PC) zoning districts, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the LDR's, 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. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. ll.A. City Manager's response to prior public comments and inquiries. The City Manager had no response to prior public comments and inquiries. 11.B. From the Public. ll.B.1. Carolyn Killings~ 937 Belvedere Road~ West Palm Beach (Business Agent for the National Conference of Firemen & Oilers (NCF&O) Local 1227~ read into the record a statement regarding union negotiations. Ms. Killings stated the union is asking for a fair and equitable salary increase for those employees they represent. ll.B.2. Lois Bowmam 2943 Sabalwood Court~ Delray Beach~ FL 33445 (Andover subdivision) stated she recently faxed a letter addressed to the Del-Aire Country Club to the Mayor and Commission. Ms. Bowman stated there is an issue with vegetation between the two properties. Ms. Bowman stated the vegetation is a tree line that is forty feet in height and in the last two hurricanes Andover neighbors who reside along the golf course sustained a substantial amount of damage from the trees. She noted it was only the top twenty feet of the trees that broke off and she distributed photographs of the damage. She suggested that the City have a tree law so that if a tree infringes on another person's property and causes damage that it be topped at a certain height. -14- 10/05/04 Mayor Perlman stated the City Attorney has reviewed this issue. The City Attorney stated per the direction of Commissioner Levinson, staff has been reviewing tree ordinances statewide trying to assess whether the City's ordinance is sufficient. The City Attorney stated the City of Delray Beach currently has an ordinance that deals with public nuisances and trees that can provide for assessments on properties. In the future, staff is looking to perhaps treat this more comprehensively so that everyone knows exactly what the ordinances are. Mayor Perlman stated the City of Delray Beach is looking at proactive approaches as a result of last month's experiences because it is understood that there are issues. ll.B.3. Jim Smith~ 1225 S. Ocean Boulevard~ Delray Beach~ FL 33483 read into the record a statement regarding "Walk a Child to School Day". At this point, the time being 7:35 p.m. the Commission moved back to Item 9.H. of the Regular Agenda. 9.H. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint two (2) alternate members to the Board of Adjustment for unexpired terms ending August 31, 2005. Based upon the rotation system, the appointments will be made by Commissioner McCarthy (Seat #4) and Mayor Perlman (Seat #5). Ms. McCarthy moved to appoint Clifton Miller as an alternate member to the Board of Adjustment for an unexpired term ending August 31, 2005, 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. Mayor Perlman stated he wished to appoint Sigurdur Hardester as an alternate member to the Board of Adjustment for an unexpired term ending August 31, 2005. Mr. Costin so moved, 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. 9.I. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint one (1) regular member to the Code Enforcement Board for an unexpired term ending January 14, 2006 and one (1) alternate member for an unexpired term ending January 14, 2007. Based upon the rotation system, the appointments will be made by Mayor Perlman (Seat #5) and Commissioner Costin (Seat #1). Mayor Perlman stated he wished to appoint Mark Behar as a regular member to the Code Enforcement Board for an unexpired term ending January 14, 2006. Mr. Costin so moved, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. Mr. Costin moved to appoint Bernard Federgreen as an alternate member to the Code Enforcement Board for an unexpired term ending January 14, 2007, seconded -15- 10/05/04 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. 9.J. APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS: Appoint three (3) members to the Board of Construction Appeals; one (1) member for a two (2) year term ending August 31, 2006 and two (2) members for unexpired terms ending August 31, 2005. Based on the rotation system, the appointments will be made by Commissioner Levinson (Seat #3), Mayor Perlman (Seat #5), and Commissioner Costin (Seat #1). Mr. Levinson moved to appoint Anthony Spirelli as a member to the Board of Construction Appeals for a two year term ending August 31, 2006, 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. Mayor Perlman stated he wished to appoint Patricia Neyra as a member to the Board of Construction Appeals for an unexpired term ending August 31, 2005. Mr. Costin so moved, 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. Mr. Costin moved to appoint Carol Aharonovic as a member to the Board of Construction Appeals for an unexpired term ending August 31, 2005, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.K. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one (1) member to the Neighborhood Advisory Council for Zone Six for an unexpired term ending October 31, 2006. Based upon the rotation system, the appointment will be made by Mayor Perlman (Seat #5). Mayor Perlman stated he wished to appoint Jeremy Office to the Neighborhood Advisory Council for Zone Six for an unexpired term ending October 31, 2006. Mr. Costin so moved, 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. 9.L. PURCHASE AWARD/LEVEL 5 SECURITY, INC: Consider approval of the purchase and installation of an Audio/Video Monitoring System from Level 5 Security, Inc. in the amount of $36,295.00 for the Police Department's Holding Facility and Investigative Interview Rooms. Funding is available from 115-2112-521- 49.90 (Federal Forfeiture Account). The City Manager stated this is to install audio/video monitoring systems for the holding facility in the Police Department and also in the investigative interview -16- 10/05/04 rooms. The Police Department received a recommendation to do this as part of the accreditation process. The Police Department is recommending the purchase of an audio/video monitoring system for the holding facility and investigative interview rooms at the Police Department from Level 5 Security, Inc. This is not the lowest bidder; however, staff felt this would be the best and most responsive vendor. William E. McCollom, Major/Police Department, stated although Level 5 Security, Inc. was not the lowest bidder; however, they far exceed the technology ability and service levels. According to the accreditation standards, the Police Department must maintain is constant surveillance of a juvenile holding facility. In addition, Major McCollom stated the City of Lake Worth Police Department and the Town of Palm Beach Police Department use this vendor as well. Mr. Costin moved to approve the purchase award to Level 5 Security, Inc. for the installation of an audio/video monitoring system for the holding facility and investigative interview rooms at the Police Department, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.M. CITY ATTORNEY EVALUATION. Brief discussion followed by the Commission regarding the City Attorney's annual performance evaluation. Mr. Levinson suggested that next year prior to the review of the City Attorney that there be a salary survey to insure the City remains competitive. Mrs. Archer moved to approve a four and one-half (4~A) percent salary increase for the City Attorney, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 9.N. CITY MANAGER EVALUATION. Brief discussion followed by the Commission regarding the City Manager's annual performance evaluation. Mr. Levinson suggested that next year prior to the review of the City Manager that there be a salary survey to insure the City remains competitive. Mr. Levinson moved to approve a four and one-half (4~A) percent salary increase for the City Manager, 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. -17- 10/05/04 9.0. PROPOSED COUNTY CHARTER AMENDMENT REGULATING VOLUNTARY ANNEXATION (ADDENDUM): Consider adoption of the resolution authorizing the City's participation in litigation regarding the proposed County Charter Amendment regulating voluntary annexation. The City Manager stated in summary the County Commission got into a dispute with two western cities about annexation. Palm Beach County Ordinance 2004- 021 proposes a charter amendment to the County Charter which would give the County Commission the authority to set the standards and process for voluntary annexations by cities throughout the entire County. The Commission majority has said that this ordinance will not affect the coastal cities and they could have written a charter amendment that would not affect us, but in fact would give the County Commission the ability to set standards for annexation. The City Manager stated this could have serious implications for the City's plan to complete the areas that the City has identified for many years as desirable to bring into the city. On September 28, 2004, the Village of Wellington authorized a lawsuit an effort to get this question thrown off the November ballot and recommends that the City of Delray Beach join them as a co-plantiff. The City Manager stated it is important for the cities to come together and support the Village of Wellington. The City Attorney stated she spoke to Jeff Kurtz, Attorney for the Village of Wellington about costs. If the Commission approves, the City of Delray would enter into an agreement that would more firmly state the costs. The City Attorney suggested that this could be brought back at a later time. Mr. Levinson moved to approve Resolution No. 77-04, 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. At this point, the time being 8:05 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 48-04: Future Land Use Map Amendments (FLUM) for two separate parcels that are part of land swap activity associated with the establishment of the Intracoastal Park site. The first parcel is a small-scale (FLUM) Amendment from TRN (Transitional) to MD (Medium Density Residential 5-12 dwelling units per acre) and rezoning from POD (Professional and Office District) to RM (Medium Density Residential) for a 0.13 acre that is currently owned by the Delray Harbor Club. The second parcel is a small-scale FLUM Amendment from TRN (Transitional), MD (Medium Density Residential 5-12 dwelling units per acre), and O S-C (Open Space-Conservation) to OS-C (Open Space-Conservation) and rezoning from POD (Professional and Office District), RM (Medium Density Residential), and CD (Conservation District) to OS (Open Space) which consists of 4.47 acres, generally -18- 10/05/04 located on the east side of South Federal Highway between S.E. l0th Street and Linton Boulevard. If passed, a public hearing will be scheduled for October 19, 2004. The caption of Ordinance No. 48-04 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 TRN (TRANSITIONAL) IN PART, RM (MEDIUM DENSITY RESIDENTIAL 5-12 DU/AC) IN PART AND OS-C (OPEN SPACE, CONSERVATION) IN PART TO OS-C (OPEN SPACE, CONSERVATION), AND FROM TRN (TRANSITIONAL) TO MD (MEDIUM DENSITY RESIDENTIAL 5-12 DU/AC; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; REZONING AND PLACING LAND PRESENTLY ZONED POD (PROFESSIONAL AND OFFICE DISTRICT) DISTRICT IN PART, RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT IN PART AND CD (CONSERVATION) DISTRICT IN PART TO OS (OPEN SPACE) DISTRICT, AND FROM POD (PROFESSIONAL AND OFFICE DISTRICT) TO RM (MEDIUM DENSITY RESIDENTIAL); SAID LAND BEING GENERALLY LOCATED ON THE EAST SIDE OF US HIGHWAY NO.1, BETWEEN SE 10TH STREET AND LINTON BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JULY 2004"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 48-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Doffing, Director of Planning and Zoning, stated the proposed FLUM and Rezonings are associated with two different portions of properties that include land conveyed to the Delray Harbor Club to accommodate additional parking with the remainder to contain a passive conservation area, additional boat ramps, and associated parking for the Intracoastal Park. Mr. Dorling stated there was a Real Property Exchange Agreement which conveyed and switched some of these parcels between F1ND, the Delray Harbor Club, and the City to make the best configuration for all parties. With this -19- 10/05/04 exchange completed, future land use and rezoning changes are necessary to reflect the appropriate designations to accommodate the future uses. At its meeting of September 7, 2004, the City Commission initiated the small-scale Future Lane Use Map amendments and zoning changes for both portions of the Delray Harbor Club and Intracoastal Park site. At its meeting of September 27, 2004, the Planning and Zoning Board held a public hearing in conjunction with the Rezoning and FLUM amendment requests. Several members of the public representing Harbourside were in attendance. One person from the public spoke and did not see the need for additional parking for overflow from Knowles Park. After significant discussion, the Board voted 4-0 (Morris, Borchardt, Walker absent) to recommend approval of these changes. Mr. Dorling stated he has had some discussions from the people representing the residential development (Harbourside). He does not believe they are opposed to the land use and zoning requests; however, they expressed concern about proper buffering when the site plan is actually finalized. Mr. Dorling stated those concerns are better addressed at the site plan stage. Mayor Perlman inquired whether or not the homeowner associations are okay with the buffering. Mr. Dorling stated it was mentioned that there is a desire for a wall along the south property line and this kind of buffering. The City Manager asked when the site plan will go to the Site Plan Review and Appearance Board (SPRAB). In response, Mr. Dorling stated there is not a specific date; however, at the Planning and Zoning Board meeting he extended an invitation to the audience to call the Planning and Zoning Department to get on a list and that they would be personally notified when the item would go before SPRAB. Mayor Perlman asked if the associations will be noticed. In response, Mr. Dorling stated the associations will be noticed but reiterated if anyone specifically would like to be noticed they can call the Planning and Zoning Department. Mr. Levinson moved to approve Ordinance No. 48-04 on FIRST Reading for the proposed City initiated small scale FLUM Amendment from TRN (Transitional to MD (Medium Density Residential) for land with a total acreage of 0.13 acres that has been conveyed to the Delray Harbor Club; and, a small scale Future Land Use Map Amendment from TRN, MD and OS-C (Open Space - Conservation) to OS-C (Open Space - Conservation) and rezoning from POD (Professional and Office District), RM (Medium Density Residential) and CD (Conservation District) to OS (Open Space) for land with a total acreage of 4.47 acres to accommodate the Intracoastal Park, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D)(5), 3.1.3 and 3.2.2 of the LDR's and recommendation of the Planning and Zoning Board, 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. - 20 - 10/05/04 12.B. ORDINANCE NO. 61-04: An ordinance amending Chapter 35, "Employee Policies and Benefits", Section 35.095, "Contributions of Participant and City" Subsection (A), "Participants Contribution Account", by amending Subsection (A)(2) "Participant Contributions", to provide for an increased employee contribution. If passed, a public hearing will be scheduled for October 19, 2004. The caption of Ordinance No. 61-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFIT S", SECTION 35.095, "CONTRIBUTIONS OF PARTICIPANT AND CITY", SUBSECTION (A), "PARTICIPANTS CONTRIBUTION ACCOUNT", BY AMENDING SUBSECTION (A)(2), "PARTICIPANT CONTRIBUTIONS", TO PROVIDE FOR AN INCREASED EMPLOYEE CONTRIBUTION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 61-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. The City Manager stated the General Fund Pension costs increased this year from a little over five percent to a little over nine percent. Members of the General Employees' Pension Plan will contribute an additional one-half (0.5%) of one percent. Mr. Costin moved to approve Ordinance No. 61-04 on FIRST 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. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated he appreciates the encouragement and the continued confidence of the Commission with regard to his annual performance evaluation. -21 - 10/05/04 Secondly, the City Manager stated Carmela Starace representing the Palm Beach County League of Cities was appointed to the School Bond Issue Oversight Board and Carrie Parker-Hill was reappointed to the Regional Hazardous Materials Oversight Committee. He commented about an ongoing lawsuit involving the City of Boca Raton and whether they could regulate their cemetery in certain ways. He stated the City of Boca Raton won the lawsuit. Lastly, the City Manager read into the record a letter addressed to Dan Beatty, Deputy Director of Public Utilities, from the Utilities Director of the City of Punta Gorda commending a few Environmental Services employees who traveled to Punta Gorda to assist in helping to restore utilities after Hurricane Charley. 13.B. City Attorney The City Attorney thanked the Commission for their complimentary comments with regard to her annual performance evaluation and announced that she is a grandmother for the fifth time. 13.C. City Commission 13.C.1. Mrs. Archer Mrs. Archer had no comments or inquiries on non-agenda items. 13.C.2. Mr. Costin Mr. Costin stated he picked up a Palm Beach Magazine yesterday and was enthralled with successes of Commissioner Levinson in the Long-Ball Contest. Secondly, he noted while he was in Georgia he had suffered through the trials and tribulations of the storms like everyone here in Florida. He felt everyone was blessed and very fortunate that there was no further damage than what most people did incur. 13.C.3. Ms. McCarthy Ms. McCarthy had no comments or inquiries on non-agenda items. 13.C.4. Mr. Levinson Mr. Levinson stated he is glad to see the letter to Audrey Wolf on behalf of the garage arrangement and he would like to make this a priority. The City Manager stated Ms. Wolf called him back today and verbally outlined how she thought this should operate. - 22 - 10/05/04 r'- Mr. Levinson stated that unfortunately with the hurricanes a couple of meetings have been rescheduled with the School District one of which is a presentation by one of his clients. Therefore, he cannot attend "Walk a Child to School Day" although he has attended in the past. He commented about the tree issue and suggested that staff review whether there are retroactive remedies. Lastly, Mr. Levinson stated he is hoping to attend the Spady Day meeting at 8:30 a.m. on October 9, 2004 and announced he is leaving Saturday for a week's vacation. 13.C.5. Mayor Perlman Mayor Perlman stated he will be leaving for Orlando on Saturday morning. He shared an email from John Miller with the Commission regarding Bexley Park and stated Mr. Miller commended the Commission for their foresight. He commented about an email from Ivan Ladizinsky, Public Information '-- Officer, regarding the Haitian relief efforts. Mayor Perlman commented about an article by Otis White and suggested that the City of Delray Beach market and link it to the City's website. He stated Mr. White has a newsletter (website: www.civicstrategies.com) which goes out to Elected Officials and City Managers' nationwide. He also commented about two articles written by Mr. White ("How Delray Beach Saved Itself and Found Great Leadership Along the Way" and "Delray Beach Revised"). He expressed concern over the real estate market regarding height limits and stated Delray Beach is selling "scale". Mayor Perlman stated the CEO of City National Bank recently moved here and he thinks of Delray Beach as the last great place in Florida. It was the consensus of the Commission to revisit the height limits issue. There being no further business, Mayor Peflman declared the meeting adjourned at 8:50 p.m. Acting City Clerk - 23 - 10/05/04 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 October 5, 2004, which Minutes were formally approved and adopted by the City October 19, 2004 Commission on 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. - 24 - 1 O/05/O4