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12-14-04 Minutes DECEMBER 14. 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, December 14, 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 Brian Shutt, Assistant City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Dr. Charles Agin (Rabbi) with the Delray Beach Clergy Association. 3. gIven. The Pledge of Allegiance to the flag of the United States of America was 4. AGENDA APPROVAL. Mayor Perlman noted the addition of Agenda Item 9.0. A2reementNeteran's Park Fountain and Item 9.P., Consultin2 A2reement/William Plum. to the Regular Agenda by addendum. Mr. Levinson requested that Item S.H., Community Develooment Block Grant (CDBG) Sub-Recioient Fundin2 A2reements be moved from the Consent Agenda to the Regular Agenda as Item 9.Q. Mrs. Archer 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; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: None. 12/14/04 6. PROCLAMA TIONS: None. 7. PRESENTATIONS: 7.A. Special Rec02nition Award. Jimmy Storey. Jimmy's Stone Crabs Mayor Perlman gave a few brief comments regarding Jimmy Storey and explained that Mr. Storey is the first individual to receive this Special Recognition Award. Mr. Storey came forward to accept the award. 7.B. Butler Report on Homeowner's Hurricane Dama2e Repair Assistance. Lula Lula Butler, Director of Community Improvement, stated the Commission approved staff s ability to enact their Disaster Assistance as part of the five year assistance plan. Mrs. Butler stated as soon as both hurricanes were over this year, staff did advertise and enact to inform the public that the City had funds to assist the very low and low income people who mayor may not have had insurance or may have had large deductions and were not able to complete their projects and repairs due to the hurricanes. To this date, Mrs. Butler stated sixty families have come in and the City has been able to assist 27 families and most of these have gone for the replacement of roofs. Mrs. Butler commended Kendra Graham, Community Development Program Administrator and staff for assisting these families and stated this will continue through the middle of January 2005. Geraldine Knight, 336 S.W. 8th Avenue, Delray Beach, stated she is very pleased with the program and thanked the Commission for their assistance with her roof. 7.C. Site Plan Review and Appearance Board (SPRAB) Awards The Site Plan Review and Appearance Board (SPRAB) conducted its 13th Annual Award Recognition Program. The awards are given to those property owners and their design teams who have significantly contributed to the beauty of the community through creative design or renovations to existing properties. Eligible projects are those that were approved by the Board, and received a Certificate of Occupancy during the previous fiscal year (October 1,2003 - September 30, 2004). Roger Cope, Architect, introduced the SPRAB members and commended Estelio Breto, Senior Planner in the Planning and Zoning Department for his assistance. Mr. Cope presented the following awards to this year's design categories and recipients: - 2 - 12/14/04 NEW COMMERCIAL DEVELOPMENT Office Depot y Southern Development Services Inc. (Developer) y Marc Wiener, (Architect) Y Dave Bodker, (Landscape Architect) EXTERIOR RENOVATIONS Co-Winners NEW INDUSTRIAL DEVELOPMENT Bank of America y Bankoff LLC (Owner/Developer) Y Eliopoulos Architecture, Inc., (Architect) Y Jerry Turner & Associates, Inc., (Landscape Architect) Congress Commerce Center Y Complete Construction Services, Inc. (Owner) y Kenneth Carlson (Architect) y Jon Schmidt (Landscape Architect) Waterways East y John Therien, Restaurant Holdings, Inc. (Owner/Developer) Y Paul Slattery (Architect) NEW RESIDENTIAL REDEVELOPMENT Estuary II Y Porten Companies (Owner/Developer) Y Currie, Sowards, Aguila, Partnership (Architect) Y Jerry Turner & Associates, (Landscape Architect) NEW OFFICE DEVELOPMENT Grand Bahamas Professional Park Y Bagliore Development (Owner/Developer) Y Perez Design, Inc. (Architect) Y Grant Thornbrough and Associates (Landscape Architect) NEW DOWNTOWN RESIDENTIAL DEVELOPMENT Co-Winners: NEW REDEVELOPMENT Mallory Square Y Ironwood Properties, (Owner/Developer) Y Rustem Kupi, (Architect) Y Jerry Turner & Associates, (Landscape Architect) Art Glass Environments Y Bill Klug, (Owner/Developer) Y George Brewer, (Architect) Y Daniel Carter (Landscape Architect) Pineapple Grove Village Y RAM Development, (Developer) Y Paul Slattery (Architect) Y Grant Thornbrough and Associates, (Landscape Architect) WALL SIGNAGE Cabana EI Rey Y Glenn Frechter, Owner Y Ferrin Signs, Inc. (Sign Contractor) Y Ralph Lashells (Sign ContractorlFerrin Signs, Inc.) 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. ACCEPTANCE OF RIGHT-OF-WAY DEED/508 NORTH SWINTON AVENUE: Approve and accept a right-of-way deed associated with 508 North Swinton Avenue, located on the west side of North Swinton Avenue between Lake Ida Road and N.W. 6th Street. 8.B. SERVICE AUTHORIZATION NO. 23/MATHEWS CONSULTING. INC.: Approve Service Authorization No. 23 to Mathews Consulting, Inc. in the amount of $182,641.00 for consulting engineering services related to the Phase II expansion of the City's Reclaimed Water Transmission System Project. Funding is available from 441-5181-536-65. 96 (Water/Sewer Fund/Other Improvements/Reclaimed Water Transmission System). 12/14/04 8.C. CHANGE ORDER NO. I/FINAL PAYMENT/CONOUEST ENGINEERING.INC.: Approve Change Order NO.1 in the amount of an $86,283.16 decrease, and final payment in the amount of $65,702.68 to Conquest Engineering, Inc. for completion of the Southwest Area Infrastructure Improvements Phase II Project. Funding is available from 442-5178-536-65.58 (Water/Sewer Renewal & Replacement Fund/SW Area Phase II). 8.D. LANDSCAPE MAINTENANCE AGREEMENT/FLORIDA POWER AND LIGHT: Approve and accept a landscape maintenance agreement and a quit-claim deed for right-of-way associated with the Florida Power and Light Germantown Substation (1604 S.W. loth Street). 8.E. RATE ADJUSTMENTS/FIRE-RESCUE EMERGENCY MEDICAL SERVICES (EMS) TRANSPORT FEES: Approve rate adjustments for the Fire- Rescue Department's Emergency Medical Services (EMS) Transport Fees effective January 1, 2005. 8.F. SPECIAL EVENT REQUEST/ASIAN FOOD FAIR AND C"UiTURAL SHOW: Consider approval of a special event request to allow the 2nd Annual Asian Food Fair and Cultural Show sponsored by the Bangladesh Association of Florida, to be held on March 19-20, 2005 from 10:00 a.m. until 6:00 p.m. on the grounds of Old School Square and on a portion of the Community Redevelopment Agency (CRA) parking lot, including a temporary use permit per LDR Section 2.3.6(H) for the closure and use ofN.E. 1st Avenue, north of the grounds of Old School Square to N.E. 1st Street, staff assistance for traffic control/security, trash removal/clean up with event signage to be installed one week prior to the event; contingent on the sponsor providing a hold harmless agreement, certificate of insurance, and approval from the CRA for the use of their parking lot. 8.G. MUTUAL AID AGREEMENT/PALM BEACH COUNTY LAW ENFORCEMENT AGENCIES: Approve a mutual aid agreement by and among Palm Beach County law enforcement agencies which permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines, and provides for the rendering of assistance in a law enforcement emergency. 8.H. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.Q. 8.1. AWARD OF BIDS AND CONTRACTS: None. Mr. Costin moved to approve the Consent Agenda as amended, 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. - 4 - 12/14/04 9. REGULAR AGENDA: 9.A. REQUEST FOR IN-LIEU PARKING SPACESIFITZY'S PLACE: Consider a request from Fitzy's Place for the purchase of one (1) in-lieu parking space in the amount of $12,000.00. Fitzy's is located at 101 S.E. 4th Avenue. (Quasi-Judicial Hearing) Mayor Perlman read into the record the procedures for a Quasi-Judicial Hearing for this item and all subsequent quasi-judicial items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte communications. Mr. Levinson stated he had a conversation with Mr. FitzPatrick. Mayor Perlman stated he had a brief conversation with the applicant. Mr. Costin stated he had a conversation with the applicant as well. Ms. McCarthy and Mrs. Archer had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2005-032 into the record. Mr. Dorling stated this is part of Class III site plan modification for the conversion of 2,000 square feet of retail space to restaurant. The site, formerly known as Appliance King, has an approved site plan containing five (5) parking spaces. The applicant is requesting to purchase one (1) in-lieu space at a cost of $12,000.00 which will be paid upon issuance of a building permit. The applicant is proposing to construct two (2) new spaces for use by the general public and will seek reimbursement for the cost of construction of the on-street parking spaces. At its meeting of November 16, 2004, the Parking Management Advisory Board unanimously recommended approval of the applicant's request. The Community Redevelopment Agency (CRA) and the Downtown Development Authority (DDA) reviewed this request at their respective meetings of December 9th and 13th. The Community Redevelopment Agency recommended approval and the Downtown Development Authority had some concerns with the use as to whether it was a restaurant or a bar. He noted it has to be a restaurant and stated the DDA also supported. Marit FitzPatrick, 648 Bunting Drive, Delray Beach, stated at this time she is requesting approval of one (1) in-lieu space for the project and they are creating two additional spaces within the back parking lot and adding two additional spaces within the street parking to accommodate the needs of the customers. Mayor Perlman stated if anyone would like to speak III favor or III opposition of the in-lieu request, to come forward at this time. Mr. Costin moved to approve the request from Fitzy's Place for the purchase of one (1) in-lieu parking space in the amount of $12,000.00, seconded by Mrs. - 5 - 12/14/04 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.B. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT AND MEMORANDUM OF UNDERSTANDING/NATIONAL CONFERENCE OF FIREMEN & OILERS (NCF&O). LOCAL 1227: Approve and ratify the Collective Bargaining Agreement and Memorandum of Understanding between the City and the National Conference of Firemen and Oilers (NCF&O), Local 1227, for the three year period October 1, 2004 through September 30,2007. Harry Hamilton, Human Resources Director, recommended approval of the ratification of the agreement. Mayor Perlman asked when the City would open this agreement again. Mr. Hamilton stated in April 2007. At this point, Mr. Hamilton recognized and commended Shirley Goddard, Human Resources Assistant, for her efforts as part of the negotiation team. Mrs. Archer moved to ratify the Collective Bargaining Agreement and Memorandum of Understanding between the City of Delray Beach and the National Conference of Firemen and Oilers (NCF&O), Local 1227, for the period October 1,2004 through September 30, 2007, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.C. GRANT CONSULTING AGREEMENT/LANGTON ASSOCIATES: Consider approval of continuation of the SMART grants Consulting Contract between the City of Delray Beach and Langton Associates in the amount of $2,500.00 per month for grant writing services on a month to month basis. Funding is available from 001-6111- 519-99.03 (City Manager's Contingency Fund). The City Manager stated Langton Associates is working on some potential grants particularly the FCT Grant that the City might use for the Old School Square parking garage. He stated the City would like to continue using their services because of the major projects they are working on and Langton Associates has agreed to do this for the same cost on a month-to-month basis as long as the City uses its services. He stated Marie Horenburger is here this evening representing Langton Associates if the Commission has any questions. Mr. Levinson moved to approve the Grant Consulting Agreement between the City of Del ray Beach and Langton Associates, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to o vote. - 6 - 12/14/04 9.D. CONTRACT A W ARD/MEF CONSTRUCTION. INC.: Consider approval of a contract award to second lowest bidder, MEF Construction, Inc., in the amount of $721,420.00 for the S.W. 1ih Avenue, SW 11th Avenue, and S.W. 3rd Street Improvements Project. Funding is available from 442-5178-536-65.97 (Water/Sewer Renewal & Replacement Fund/Other Improvements/S.W. 1ih Ave., S.W. 11th Ave. and S.W. 3rd St.). Richard Hasko, Director of Environmental Services, stated this is a request for the City Commission to approve a contract award to the second lowest bidder (MEF Construction, Inc.). The low bidder was Development Communications, Inc. with a bid of $710,000.50. However, their bid submittal was not in order and did not supply the required bid bond. Therefore, Development Communications, Inc. is considered non- responsive. MEF Construction, Inc. (second lowest bidder) had a complete package and staff had a couple of meetings with them to get to a level of comfort that they had the capabilities of doing this project. Mr. Hasko stated on this basis staff recommends awarding the bid award to MEF Construction, Inc. Mayor Perlman asked if staff has any prior history with MEF Construction, Inc. and if there are other cities that have a prior history with them. Mr. Hasko stated staff does not have any prior history with MEF; however, they have done work in MiamiIDade County and received adequate responses on inquiries. Mr. Levinson stated there have been a few bids where the City has had non-responsive bidders and he suggested that on larger projects like this that we move to a "CM At Risk Process" so that staff can start to weigh the various elements of what the City expects in a response (i.e. quality of work, references, proximity, etc). Mr. Levinson stated subsequent to that he also suggested that the City negotiate a Guaranteed Maximum Price (GMP) which would then put the contractor at risk. He stated this would give the City the ability to do more than just take price. He stated this may give a better performance at the end of the project if we look at some of these other factors. Mr. Costin moved to approve the contract award to MEF Construction, Inc. in the amount of $721,420.00, 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.E. RESOLUTION NO. 92-04: Consider approval of the Notification and Offer Letter and Resolution No. 92-04 authorizing the acquisition of property, The Commons, by eminent domain and authorize the making of offers in certain eminent domain proceedings in regards to a new community center. The caption of Resolution No. 92-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE ACQUISITION OF FEE SIMPLE TITLE TO CERTAIN - 7 - 12/14/04 REAL PROPERTY HEREAFTER DESCRIBED FOR THE PUBLIC PURPOSE OF THE DEVELOPMENT OF A MUNICIP AL COMMUNITY CENTER; DECLARING THAT THE ACQUISITION OF THE PROPERTY IS NECESSARY FOR SAID PUBLIC PURPOSE; AUTHORIZING THE HIRING OF LEGAL COUNSEL, APPRAISERS, AND EXPERTS IN OTHER DISCIPLINES AND THE FILING OF EMINENT DOMAIN PROCEEDINGS PURSUANT TO CHAPTERS 73 AND 74, FLORIDA STATUTES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (The official copy of Resolution No. 92-04 is on file in the City Clerk's office. ) The City Attorney recommended postponing Items 9.E., 9.F., & 9.G. The City Attorney stated she receive a call from Mrs. Willis last week who indicated that she would let the City evaluate the trees. The Commons property is in a place that the City Attorney would like Mr. Bill Plum to have the ability to talk to surrounding neighbors as well as the owner. The City Attorney stated she would like to work with Mr. Malkemes a little more and facilitate something that may be acceptable to him and the City and come back with an agreement. The City Attorney announced that the contract for the Churchill property is on the agenda for a public hearing this evening and recommends moving forward with this one. The City Attorney distributed a handout of some potential sites. The first is The Commons property, the second is the Congress Park/Community Property idea (total of 12.52 acres), the third is the Alzheimer's property (4 1Iz acres), and the fourth potential site is by the Railroad Depot area (9.42 acres). The Commission is in agreement that The Commons property is a perfect site for a senior center. The City Attorney stated there are some issues with the land so staff would like to explore other potential sites as well. The City Manager suggested that a community center or park be placed on the Congress Park/Community Property site. However, the City Manager stated the downside is that it is a prime commercial piece. After brief discussion, the City Attorney stated she will explore and obtain appraisals on the other pieces. With regard to the Alzheimer's site, the City Manager stated this site would fit the City's budget whereas the site on Atlantic Avenue would be three times the City's budget to purchase. Mr. Levinson and Mrs. Archer expressed concern over the parking. The Commission expressed support for this site rather than the Congress Avenue Park site for a community center. The City Manager stated one option would be if the City can get the Depot the City would be preserving a historic building in addition to the warehouse space for - 8 - 12/14/04 interior storage and a loading dock. The other option is to acquire a vacant piece north of 2nd Street and build something new. Mr. Costin moved to postpone Items 9.E., 9.F., & 9.G., 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. 9.F. NOTIFICATION AND OFFER LETTER/WILLIS PROPERTY: Consider approval of the Notification and Offer Letter regarding the acquisition of the Willis property by eminent domain and authorize the making of offers in certain eminent domain proceedings in regards to park lands. This item has been postponed. 9.G. NOTIFICATION AND OFFER LETTER/MALKEMES PROPERTY: Consider approval of the Notification and Offer Letter regarding the acquisition of the Malkemes property by eminent domain and authorize the making of offers in certain eminent domain proceedings in regards to park lands. This item has been postponed. 9.H. NON-PROFIT ACADEMY/CONTRACT WITH NON-PROFIT RESOURCE INSTITUTE (NRI): Consider approval of the creation of a Non-Profit Academy and approve a consulting contract with the Non-Profit Resource Institute (NRI) for a total cost to the City of$32,500.00. Funding is available from 001-6311-562-99.99 (General Fund/Grants Aid to Private Organizations/Other Non-Operating) and 001-6111- 519-99.03 (City Manager's Contingency Fund). Robert A. Barcinski, Assistant City Manager, stated this is a request for Commission approval of the creation of a non-profit academy and a consulting contract with the Non-Profit Resource Institute (NRI) and Executive Service Corps (ESC) for a maximum cost to the City of Delray Beach of $32,500.00. Mr. Barcinski stated there have been numerous meetings with Mary Wyns, Director of Non-Profit Resource Institute and Robert Irving, President of the Executive Service Corps of Southeast Florida who are present this evening for any questions. Mr. Barcinski stated this would set up an academy of two phases. Phase I would provide a core-training program of six full-day sessions over 12 weeks addressing administration, operations, governance, fund development, marketing and communications, program development and evaluation. Phase II shall be a shared cost of $10,000.00 with the City paying 75%, and 25% is paid by the non-profit organization. He stated ESC would come in with their retired executives and do an analysis and assessment of up to five organizations and give the Commission a report on its strengths and weaknesses. Mr. Barcinski commended Mr. Taylor for doing a good job. - 9 - 12/14/04 Brian Shutt, Assistant City Attorney, distributed an updated agreement. Mr. Costin asked how many people will be participating. Mr. Barcinski stated Phase I which consists of the training period can take up to a maximum of 30 people. Mr. Costin asked how many organizations this represents. Mr. Barcinski stated between it would be between 10 and 30. Mayor Perlman stated this is something that is very needed and innovative. He feels that other communities will be anxious to adopt. Mayor Perlman stated this is exactly what the Commission had wanted and commended staff for a job well done. Brief discussion continued between staff and the Commission. Mrs. Archer moved to approve the creation of a Non-Profit Academy and approve a consulting contract with the Non-Profit Resource Institute (NRI) for a total cost to the City of Delray Beach of $32,500.00, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:02 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 73-04 (FIRST READINGIFIRST PUBLIC HEARING): An ordinance designating the Dell Park Historic District, located between North Swinton Avenue and N.E. 2nd Avenue and between George Bush Boulevard and the north side of N.E. 13th Street, to the Local Register of Historic Places. If passed, a second public hearing will be scheduled for January 4, 2005. Prior to consideration of passage of Ordinance No. 73-04 on First Reading/First Public Hearing, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 73-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, DESIGNATING AN AREA IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY FLORIDA, LOCATED BETWEEN NORTH SWINTON AVENUE AND NE 2nd AVENUE (SEACREST BOULEVARD), BETWEEN GEORGE BUSH BOULEV ARD AND THE NORTH SIDE OF NE 13TH STREET (DELL PARK HISTORIC DISTRICT) AS AN HISTORIC PRESERVATION DISTRICT; AS MORE P ARTICULARL Y DESCRIBED HEREIN, PROVIDING - 10 - 12/14/04 FOR THE AMENDMENT OF THE "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. 73-04 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 Del ray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated on March 3, 1998, the City Commission adopted the SeacrestIDel-Ida Park Neighborhood Plan. The Neighborhood Plan proposed traffic calming measures, streetscape improvements, the installation of public parking lots, and an F.E.C. Railroad landscape buffer. The Neighborhood Plan also contains a recommendation that a historic evaluation of the buildings in the Dell Park subdivision be conducted and if warranted, that the subdivision be designated as a historic district. In March, 2004, the Historic Preservation Board (HPB) recommended the creation of a formal designation report. The initial district boundaries were to be based upon the plat boundaries established for Dell Park in 1922, which extended North Swinton Avenue eastward to N.E. 3rd Avenue and from George Bush Boulevard northward to the north side ofN.E. 13th Street. At its meeting of August 18, 2004, the Historic Preservation Board (HPB) conducted a formal review of the designation report for the district and set a public hearing date of October 6,2004. The public meeting with the Dell Park Homeowner's Association scheduled for September 13, 2004 was postponed due to Hurricane Frances. At its meeting of September 15, 2004, the Historic Preservation Board (HPB) rescheduled the public hearing date on the designation to October 20, 2004. The Planning and Zoning Department staff met with members of the Dell Park Homeowner's Association on October 13, 2004, at which time staff discussed the benefits and impacts of a historic designation on their neighborhood and answered questions from the residents. At its meeting of October 20, 2004, the HPB held a public hearing and while some members of the public spoke in favor of the proposed historic district designation, others spoke against the designation citing concerns over homeowner's insurance availability and costs and the means by which modifications to structures are processed. The Board voted unanimously (7-0) to postpone action on the designation request until the Board's meeting of November 17, 2004, to allow the residents additional time to obtain information on the benefits of a historic designation. At its meeting of November 17, 2004, the HPB conducted a second public hearing and the Board discussed the possibilities of modifying the boundaries of the proposed district to obtain a higher concentration of contributing structures. The Board voted 6-1 (John Miller, Jr. dissenting) to forward a recommendation of approval to the - 11 - 12/14/04 City Commission to establish a modified Dell Park Historic District being generally described as those properties located between North Swinton Avenue and N.E. 2nd Avenue and between George Bush Boulevard and the north side ofN.E. 13th Street. The historic district, as proposed by the HPB, consists of 97 properties of which 39 would be considered noncontributing and 58 would be considered contributing. The contributing properties represent 59.79% of the modified historic district, which is a significant increase from the 40.8% proposed with the original boundaries. Staff recommends approval. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission Ordinance No. 73-04, the public hearing was closed. Scott Christensen, 10 N.E. 13th Street, Delray Beach (President of the Seacrest Neighborhood Association) entered into the record copies of the overheads and results of two surveys performed in the neighborhood addressing historic designation. Mr. Christensen stated following the HPB public hearing concerning historic designation and the Seacrest meeting, the neighborhood prepared a survey to gage homeowner opinions of the Dell-Ida Park Historic designation. He stated for the total original designated area of Dell-Ida Park the survey results were one property was for the historic designation and 56 were against. Mr. Christensen stated historic designation is not desired by the vast majority of homeowners in the Seacrest Del-Ida Park neighborhood. He urged the Commission to deny the recommendation of the Historic Preservation Board. Jillian Morris, 205 George Bush Boulevard, representing Eliopoulos Architecture, stated for the record that Gary Eliopoulos supports the historic designation. There being no one else who wished to address the Commission regarding Ordinance No. 73-04, the public hearing was closed. Prior to the vote, Mr. Levinson stated this is the perfect opportunity for design guidelines. Mayor Perlman suggested that a survey be done of the neighborhood for guidelines. Brief discussion by the Commission followed. Mr. Costin moved to approve Ordinance No. 73-04 on First Reading/First Public Hearing, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - No; Mayor Perlman - No; Mr. Costin - No; Mrs. Archer - No; Mr. Levinson - No. Said motion to approve was DENIED with a 5 to 0 vote. - 12 - 12/14/04 10.B. RESOLUTION NO. 89-04: Consider approval of Resolution No. 89-04 authorizing the City to sell property, Lot 12, Block 80, located at the northeast corner of S.E. 4th Street and S.E. 1 st Avenue, and Contract for Sale and Purchase between the City and 335 S.E. 1st Inc. in the amount of $25,436.00. 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. 89-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY SELL TO BUYER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRA Y BEACH, FLORIDA. (The official copy of Resolution No. 89-04 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. Brian Shutt, Assistant City Attorney, stated this is vacant piece of property located at the northeast corner of S.E. 4th Street and S.E. 1st Avenue. The adjacent property owner would like to purchase the property for $25,436.00. Mr. Costin inquired about the square footage and dimensions. Mr. Shutt stated the property is next to Tropical Awning to be used for parking. Mr. Shutt stated the square footage is 4,700 square feet. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 89-04, the public hearing was closed. Mr. Costin moved to approve Resolution No. 89-04, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 10.C. RESOLUTION NO. 90-04: Consider approval of Resolution No. 90-04 authorizing the City to purchase the Churchill property for park lands, located at 4652 133rd Road, South, and Contract for Sale and Purchase between the City and Maureen - 13 - 12/14/04 Churchill in the amount of $1,254,000.00. 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. 90-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLERS AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 90-04 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. The City Attorney stated this is the Churchill property and this resolution adopts a contract for sale and purchase with a purchase price of $1,254,000.00 and will close in sixty (60) days. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 90-04, the public hearing was closed. Prior to the vote, Mr. Levinson stated he feels we need to focus on those priorities which fit into the Parks and Recreation Bond Issue prior to spending these dollars. Ms. McCarthy inquired as to when the appraisal was completed. The City Attorney stated the appraisal was completed in November. Mr. Costin asked if the City uses the same appraisal firm each time there is a need for an appraisal. The City Attorney stated the City uses Bob Banting mainly because of the experience in eminent domain and his testifying abilities. Mr. Levinson inquired about where the funding will come from. The City Manager stated he anticipates funding this out of the Parks Bond Issue. Mrs. Archer moved to approve Resolution No. 90-04, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. - 14 - 12/14/04 Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - No; Ms. McCarthy - No. Said motion passed with a 3 to 2 vote, Commissioner Levinson and Commissioner McCarthy dissenting. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. II.A. City Mana2er's response to prior public comments and inauiries. The City Manager had no response to prior public comments and InqUIrIes. 11.B. From the Public. None. At this point, the time being 7:30 p.m., the Commission moved to Item 9.1. of the Regular Agenda. 9.1. NEEDS ASSESSMENT/SENIOR/COMMUNITY CENTER AND POMPEY PARK: Provide direction regarding the Needs Assessment Report completed by Tetra Tech for the Community/Senior Center and Pompey Park. Joe Weldon, Director of Parks and Recreation, stated the City contracted with Tetra Tech for a needs assessment for the expansion of Pompey Park and the western senior community center. Mr. Weldon stated the purpose of the needs assessment was to determine what facilities and programs would be needed in each facility. He distributed a copy of the Community Center size comparison chart. Mr. Costin asked if the auditorium includes media equipment and projection equipment. Mr. Weldon stated this would include some media equipment although he does not know to what extent. He stated they have a separate computer room listed under facilities. Mr. Levinson encouraged staff to include infrared listening devices. Mrs. Archer stated for presentations they might be able to provide access on line if they had the facilities available for a DSL line so that they could plug in their laptop and project it onto the screen. Mayor Perlman stated one of the recommendations is to have a building that is going to serve the needs of the community for the next 20-30 years including the state-of-the-art communications and technologies. Brief discussion by Mr. Weldon and the Commission followed. The City Manager stated he would not include a pool at this point in the planning because the City currently has three public pools in town plus a beach. He - 15 - 12/14/04 stated this is a very expensive item and suggested identifying on the site plan where a pool could go in the future if the Commission decided they want one. Ms. McCarthy stated she understands pools are costly; however, there have been many articles written as to the benefit of seniors being able to exercise in a pool situation. She stated the exercise component is relevant and suggested that there be a program such as water aerobics for the seniors. The City Manager stated until people are fully utilizing the facilities the City currently has it is hard to justify the expense. Mrs. Archer concurs with comments expressed by Ms. McCarthy and feels the City should look at providing that at one of the current pools. Mr. Weldon stated an indoor pool tends to be used more by the elderly. Mr. Levinson stated if these types of programs are already being provided by some of the senior communities then he does not feel the City should duplicate it. Secondly, he feels this may be a good thing for the City to talk to the County about in the expansion of the Aqua Crest Pool. Mr. Costin inquired if staff is proposing that this would be a hurricane ready facility with a shelter and generator as well. The City Manager stated this is what staff is proposing. Richard E. Durr, Tetra Tech, stated some of the moms expressed interest that it would be nice to take small children to the center during the day and the other idea was that there are some facilities that also combine those particular uses and allow there to be some interaction for seniors to participate in children's programs that may be there at the same time. Mr. Durr stated the biggest issue now is the size of the lot. Mayor Perlman asked what an indoor pool would cost. Mr. Durr stated this would be a multi-million dollar project. He stated Vice Mayor McCarthy's comments are very valid and suggested looking at the existing inventory of pools and see if there is a need to meet it. However, he stated he does not agree with adding multi- million dollar expenditures because most of the pools are east and not west. The Commission briefly discussed the expansion of Pompey Park and the various amenities it will include. Mr. Levinson stated the fence should be a routine maintenance item. He stated the smaller children activity area and the reading/literary skills library he feels is in some way symbiotic. He suggested that the library take books and keep them there and provide that service. Mr. Levinson stated in anything the City builds, the City should always make sure there are sufficient storage facilities. - 16 - 12/14/04 Mayor Perlman briefly commented on the Police substation. The City Manager stated they would like to have the space but to have a continuous presence is unrealistic. The City Manager stated he does not see the need for it and feels it would be wasting resources. Mrs. Archer commented about expanding the meeting rooms and inquired if anything can be done with the sound deadening. The City Manager stated the entire petition system currently at Pompey Park needs to be replaced with solid petitions or something similar to what is used in a hotel. The Commission briefly discussed upgrading the auditorium, lighting, and the sound system. After brief discussion, Mayor Perlman stated he likes all the recommendations included in the expansion of Pompey Park. 9.J. CDBG CONSOLIDATED ANNUAL PERFORMANCE AND APPRAISAL REPORT (CAPER): Consider approval of the Community Development Block Grant (CDBG) Consolidated Annual Performance and Appraisal Report (CAPER) for FY 2003-2004 as required by the U.S. Department of Housing and Urban Development. Lula Butler, Director of Community Improvement, stated staff is requesting the approval of the Consolidated Annual Performance and Appraisal Report (CAPER) as required by the Department of Housing and Urban Development (RUD). Mrs. Butler stated this report is an evaluation of how staff performed this year. She commended Kendra Graham, Community Development Program Administrator, for a job well done on the report. Mrs. Butler stated she is pleased to report that they have met all of their goals this year. Mr. Costin stated it appears that there are a numerous lots in the community that because of title defects, etc. that the City cannot do anything with these lots. Mrs. Butler stated there are a lot of vacant lots that are still privately owned that could be for sale; however, they do have a lot of title issues associated with them. Mrs. Butler stated they have tried to foreclose on some of these properties as like with demolitions. However, she stated the title problems create more of cost to the City. Mr. Costin stated in this specific report it references lots that are tied up and asked the City Attorney how the City can relieve this and increase the availability of lots. The City Attorney stated the City would have to buy these lots and spend the money to clear up the title. Mr. Costin asked if the City could petition the court and get relief from that. The City Attorney stated the City would have to purchase the lots and then they could take the necessary steps (i.e. search for heirs, etc.). However, the City Attorney stated this is costly. The City Attorney stated if some of these are not homestead properties then the City could potentially foreclose on some of those liens. She suggested that staff obtain a list of nuisance abatement liens on vacant lots. The City Attorney stated the City has Quiet Title to approximately five pieces of property that staff received from the Lands Available List. - 17 - 12/14/04 Brief discussion by the Commission followed. Ms. McCarthy stated not only on these vacant lots but also the sale of homes there have been title problems where people have not been in default and the properties have not been dumps. She stated when these people get ready to sell their homes and the title was searched they were given their title inappropriately and they did not discover the problem in the title prior to. Therefore, Ms. McCarthy stated it is not always the vacant land and not always neglect but some people actually sold homes in the northwest/southwest area thinking that they have the right to ownership the correct way and had title insurance but when they got ready to sell their properties something caused problems. Ms. McCarthy stated everyone should be aware of all the facts and realize in some cases it is not always a particular owner. Furthermore, Ms. McCarthy stated it is not always heirs; however, it was the incorrect way the title was given to people who own these properties at this time. Ms. McCarthy suggested that it may be beneficial to the City to set a goal with "x" number of lots for the lots that the City is running into these issues with and allocate dollars for these lots, focus on them and find a title company for a flat fee who have the expertise in dealing with the problems in the northwest/southwest area to free up some of these parcels. The Commission concurred with Ms. McCarthy's suggestion. Mrs. Archer suggested that something be done with some of these properties that have title problems and when the City clears the title perhaps these properties could be placed into a land trust so that the homes in the community are being preserved at a lesser rate which makes them more affordable. Mrs. Butler stated staff is in the process with the CRA taking the lead on developing the City's first land trust initiative. Mr. Levinson moved to approve the Community Development Block Grant (CDBG) Consolidated Annual Performance and Appraisal Report (CAPER) for fiscal year 2003-2004 as required by the U.S. Department of Housing and Urban Development, 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 8:16 p.m., the Commission moved to Item 9.Q. of the Regular Agenda. ~ COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB- RECIPIENT FUNDING AGREEMENTS: Approve and authorize the execution of funding agreements with six (6) sub-recipients (Community Child Care Center; Fair Housing Center of the Greater Palm Beaches, Inc.; Palm Beach County Resource Center, Inc.; Prosperi Company, Inc.; The Center for Technology, Enterprise, and Development; and the Urban League of Palm Beach County, Inc.) under the Community Development Block Grant (CDBG) program for FY 2004-2005, with the total funding in the amount of - 18 - 12/14/04 $148,000 from various accounts within CDBG fund. Mr. Levinson stated there are performance objectives and reporting requirements for example in The Center for Technology, Enterprise, and Development (TED) Center Contract with regard to quarterly reports in a prescribed format. He suggested that this format be used in all contracts for services. Mrs. Butler stated this is consistent in all of their contracts. Mayor Perlman commended Kendra Graham, Community Development Program Administrator, for the great job she is doing in her position. Mr. Levinson moved to approve and authorize the execution of funding agreements with six (6) sub-recipients (Community Child Care Center; Fair Housing Center of the Greater Palm Beaches, Inc.; Palm Beach County Resource Center, Inc.; Prosperi Company, Inc.; The Center for Technology, Enterprise, and Development; and Urban League of Palm Beach County, Inc.) under the Community Development Block Grant (CDBG) program for fiscal year 2004-2005, 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.K. COLLECTION OF OUTSTANDING DOCKAGE FEES/SMALL CLAIMS COURT: Consider authorizing the City Attorney to litigate in Small Claims Court for the collection of outstanding dockage fees. The City Attorney stated staff has been unsuccessful in collecting the outstanding dockage fees and the purpose of this request is to obtain the consent of the Commission to the filing in Small Claims Court. Mr. Levinson moved to approve authorizing the City Attorney to litigate in Small Claims Court for the collection of outstanding dockage fees, 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.L. DRAFT LEGISLATION: Provide direction regarding three (3) Legislative Bills drafted by the City Attorney dealing with electronic mail, proof of zoning requirements for service providers, and the independence of the Community Redevelopment Agency (CRA) and the City when seeking funds under the Forever Florida Program. The City Attorney stated staff is requesting direction regarding three Legislative Bills. The City Manager suggested that staff contact Ed Chase and ask Kathy Daley to help assist in finding sponsors. In addition, the City Manager suggested that in the meantime, the Commission talk to the individual legislators. - 19 - 12/14/04 After discussion, it was the consensus of the Commission to discuss these three bills with the legislators and ask Kathy Daley to assist with obtaining sponsors. 9.M. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint five (5) regular members (one member for each Zone 1-4 and an At Large Representative) for three year terms ending October 31, 2007 and two (2) student members for one year terms ending October 31, 2005 to the Neighborhood Advisory Council. Based upon the rotation system, the appointments will be made by Commissioner Costin (Seat #1), Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), Mayor Perlman (Seat #5), Commissioner Costin (Seat #1), and Commissioner Archer (Seat #2). Mr. Costin moved to appoint Bernard Federgreen (Zone 1) as a member to the Neighborhood Advisory Council for a three year term ending October 31, 2007, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Mrs. Archer moved to reappoint Robert Gillespie (Zone 2) as a member to the Neighborhood Advisory Council for a three year term ending October 31, 2007, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. Mr. Levinson moved to reappoint Rita Ellis (At Large Representative) as a member to the Neighborhood Advisory Council for a three year term ending October 31, 2007, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. Ms. McCarthy moved to reappoint Caroline Cassidy (Zone 4) as a member to the Neighborhood Advisory Council for a three year term ending October 31, 2007, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. Mayor Perlman stated he wished to reappoint Karen Lustgarten (Zone 3) as a member to the Neighborhood Advisory Council for a three year term ending October 31, 2007. Mrs. Archer so moved, 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. Mr. Costin moved to reappoint Allison Mattocks as a student member to the Neighborhood Advisory Council for a one year term ending October 31, 2005, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. - 20- 12/14/04 Mrs. Archer moved to appoint Aaron Larkin as a student member to the Neighborhood Advisory Council for a one year term ending October 31, 2005, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.N. APPOINTMENT TO THE NUISANCE ABATEMENT BOARD: Appoint one (1) alternate member to the Nuisance Abatement Board for an unexpired term ending March 31, 2005. Based upon the rotation system, the appointment will be made by Commissioner McCarthy (Seat #4). Vice Mayor McCarthy stated she would like to defer her appointment to the Nuisance Abatement Board to the City Commission meeting of January 4,2005. Mr. Costin moved to approve to defer Commissioner McCarthy's appointment to the Nuisance Abatement Board to the City Commission meeting of January 4, 2005, 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. 9.0. AGREEMENT VETERAN'S PARK FOUNTAIN: Consider approval of an agreement with artist, Carlos Alves, in the amount of $31,196.00 to retile the existing fountain at Veteran's Park. Funding is available from various accounts within the 2004 Bond Fund and FY 04/05 Beautification Fund. Mr. Costin moved to approve the agreement with Carlos Alves (artist) in the amount of $31,196.00 to retile the existing fountain at Veteran's Park, 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.P. CONSULTING AGREEMENT/WILLIAM PLUM: Consider approval of a consulting agreement with William M. Plum for a one (1) year period for real estate acquisition services. Mrs. Archer moved to approve a consulting agreement with William M. Plum for a one (1) year period for real estate acquisition services, 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. At this point, the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 81-04: An ordinance amending Chapter 35, "Employee Policies and Benefits", Section 35.095, "Contributions of Participant and City" Subsection (A), "Participants Contribution Account", by amending Section - 21 - 12/14/04 35.095(A)( 4) "Applicability to Bargaining Unit Employees", to provide that the contribution by the National Conference of Firemen and Oilers (NCF&O) shall be 2.5% and that in no event will the employee contribution be less than 2.5% or greater than 4.5%, based on actuarial requirements. If passed, a public hearing will be scheduled for January 4,2005. The caption of Ordinance No. 81-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING SECTION 35.095, "CONTRIBUTIONS OF PARTICIPANT AND CITY", SUBSECTION 35.095(A), "PARTICIPANT'S CONTRIBUTION ACCOUNT", BY AMENDING SECTION 35.095(A)(4), "APPLICABILITY TO BARGAINING UNIT EMPLOYEES", TO PROVIDE FOR THE PARAMETERS FOR EMPLOYEE CONTRIBUTIONS FOR MEMBERS OF THE BARGAINING UNIT REPRESENTED BY THE NATIONAL CONFERENCE OF FIREMEN AND OILERS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 81-04 is on file in the City Clerk's office. ) The City Attorney read the caption of the ordinance. Mr. Costin moved to approve Ordinance No. 81-04 on FIRST Reading, 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. 12.B. ORDINANCE NO. 76-04: An ordinance amending Chapter 112 "Alarm Systems", Section 112.21, "Application for Alarm Registration; Reporting Changes to Required Information", to provide for and require annual updates in information; amending Section 112.26, "Response to Alarm"; Alarm User Responsibility; Alarm Malfunction and Corrective Action", by enacting a new Subsection 112.23(A) to require verification for intrusion and burglar alarms. The caption of Ordinance No. 76-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 112 "ALARM SYSTEMS", SECTION 112.21, "APPLICATION FOR ALARM - 22- 12/14/04 REGISTRATION; REPORTING CHANGES TO REQUIRED INFORMATION; TO PROVIDE FOR AND TO REQUIRE ANNUAL UPDATES IN INFORMATION; AMENDING SECTION 112.26, "RESPONSE TO ALARM; ALARM USER RESPONSIBILITY; ALARM MALFUNCTION AND CORRECTIVE ACTION", BY ENACTING A NEW SUBSECTION 112.26(A); PROVIDING THAT ALL RESIDENTIAL OR COMMERCIAL BURGLARY/OR INTRUSION ALARMS SYSTEMS THAT HAVE CENTRAL MONITORING SHALL HAVE A CENTRAL MONITORING VERIFICATION CALL MADE PRIOR TO THE ALARM MONITORING PERSONNEL, CONTACTING THE POLICE DEPARTMENT FOR ALARM DISP ATCH; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 76-04 is on file in the City Clerk's office. ) The City Attorney read the caption of the ordinance. Mr. Levinson moved to approve Ordinance No. 76-04 on FIRST Reading, 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. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. B.A. City Mana2er With regard to the League of Cities meeting, the City Manager stated there is an effort underway to incorporate Loxahatchee Groves and stated they have legal difficulties in meeting the thresholds in the Statute. He stated they are proceeding forward with that particular effort and this is one of the reasons the City wants to get this amendment adopted to the gas tax distribution formula. This should be considered by the County Commission at their first meeting in January. Secondly, the City Manager stated there are still some openings for the League representation on the following committees: (1) Palm Tran Advisory Board, (2) Criminal Justice Commission and (3) Land Development Regulations Advisory Board for the County. The City Manager stated he will obtain a meeting schedule for the Commission regarding these committees. He stated there was a presentation made to the City by the County and they are proposing some amendments to the Land Development Regulations that are - 23 - 12/14/04 administered by the Health Department that affect the City's water systems. The City Manager stated a few years ago the Fire Department had a situation near Greenacres where they went to an apartment complex fire and there was a private hydrant that had no water in it. Their response was to adopt something in the Health Department Regulations that requires the water provider to inspect hydrants. He stated they want to amend it to say that you have to maintain them in accordance with the standards set by the American Waterworks Association. If there is a hydrant that is out of service, one would have to notify the Health Department within 24 hours and tell them when you are going to get it back in service. He feels the County is intruding on the way the City operates its water system. The City Manager stated this is a public safety/fire protection issue and is answerable to our taxpayers and not to the County Commission. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Levinson Mr. Levinson commented about an email from the City Manager regarding Gail Vanhove, Administrative AssistantIParks & Recreation Department, who provided Santa Service to a young girl and not only played Santa but also got her to stop sucking her thumb. He extended kudos to Gail for going above and beyond the call of duty. Secondly, he stated the parade was great and noted more people are partIcIpating. He stated one of the things about Delray's charm is that the children are participating (i.e. Boy Scouts, dance teams, etc.) and stated this is truly a community parade. However, he suggested that in the next year or two to continue the parade to 5th or find a way to extend the parade a little further. The City Manager stated he spoke to someone about a unit in both the Boca parade and the Delray parade and they talked about how great the atmosphere was in Delray and were extremely pleased about being able to participate. Mr. Levinson commented about the interim agreement with the County and asked the City Manager when he anticipates the City will be receiving a final agreement and if there needs to be any lobbying on the County side. Mr. Levinson commented about the Lake Worth Drainage District canal next to the Temple site and asked where the City stands in terms of its potential use. The City Manager stated he and Joe Weldon met with Kathy Weigel (Principal) and talked about the needs for Atlantic High School. The City Manager stated Atlantic High School is in need of a practice field for the football team. The City Manager stated staff needs to see about getting someone to reconfigure the stormwater retention pond. - 24- 12/14/04 13.C.2. Ms. McCarthy Ms. McCarthy had no comments or inquires on non-agenda items. 13.C.3. Mrs. Archer Mrs. Archer stated the parade was great except for some of the big gaps and suggested that it be strung together a little better. She commented that Seacrest School was invited to carry banners this year. She commented that the RA.C.E. Relations Town Hall Meeting was superb and went very well. In addition, she stated the Commission is moving along well with their goals and accomplishments. 13.CA. Mr. Costin Mr. Costin echoed comments expressed by Commissioner Archer regarding the RA.C.E. Relations Town Hall Meeting and stated it was a great exercise and he commended Mayor Perlman for his foresight. He reiterated comments expressed by Commissioner Levinson about the community offering programs that are inclusive to the children particularly in the parade. He feels it was great seeing all the children participating in the parade. Mr. Costin wished everyone a Happy Holiday and a Happy New Year. 13.C.5. Mayor Perlman Mayor Perlman wished everyone a Happy New Year and a safe holiday season. He stated there have been some trying times over the last year and feels like everyone lost a month and a half due to the hurricanes. He briefly recapped on the accomplishments and goals of the Commission over the last year. He commented about the Bond Issue and feels this will prove to be a great investment in the future with new parks and improving existing parks. He stated some additional accomplishments were the new library, the Southwest Plan was adopted, zoning, sidewalks, workforce housing ordinance, Davis Cup, the RA.C.E. Relations Initiative, Downtown Plan and Design Guidelines, Design Guidelines along the beach, and the new Atlantic High School. He stated the old Atlantic High School site is coming alive with the pool, soccer complex, and middle school. Lastly, he commented about Bexley Park and stated 280 families will live there. He stated it has been a great year and thanked everyone in the community for making this a great place to be. Mayor Perlman announced that the Employee Appreciation Luncheon will be held on Friday, December 17, 2004 from 11 :30 a.m. - 1 :00 p.m. - 25 - 12/14/04 He wished everyone a Happy New Year. There being no further business, Mayor Perlman declared the meeting adjourned at 8:51 p.m. ~"" ~~,~. ~~ City Clerk ATTEST: ~Rl~ The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on December 14, 2004, which Minutes were formally approved and adopted by the City Commission on January 4, 2005 ~~.~~, 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. -~ - 26- 12/14/04