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03-15-05 Minutes MARCH 15.2005 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, March 15,2005. L Roll call showed: Present - Commissioner Patricia Archer Commissioner Bob Costin Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - None Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Terrill Barton, Assistant City Attorney Chevelle D. Nubin, City Clerk Mayor Perlman stated he would like to observe a moment of silence for Helen Coopersmith and Ena McFee who passed away last week. 2. The opening prayer was delivered by Reverend Elder M. Rollins with St. John's Primitive Baptist Church. 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 Item 8.N. Resolution No. 16-05 and Resolution No. 17-05 and Item 8.0., Kev to the City to the Consent Agenda by addendum. He also noted Item l2.B., Ordinance No. 18-05 had been revised. Mr. Levinson requested that Item 8.J., Al!reements/Bellsouth/Mel!alink Circuits be removed from the Agenda. Mayor Perlman stated Item 9.C., Resolution No. 13-05 has been removed from the Agenda. Mr. Levinson moved to approve the Agenda as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 03/15/05 5. APPROVAL OF MINUTES: Mr. Costin moved to approve the Minutes of the Regular Meeting of March 1, 2005, 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. Ms. McCarthy moved to approve the Minutes of the Special Meeting of March 10, 2005, 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. 6. PROCLAMA TIONS: 6.A. Games Commendinl! multi ole medal winners - Delrav Beach 2005 Senior Mayor Perlman read and presented a proclamation to the following winners of the Delray Beach 2005 Senior Games: '" Herbert Furash - 10 medals in swimming (7 gold and 3 silver); '" Loring Holmes - 1 0 gold medals in swimming; '" Ed Rangel - 6 medals (1 silver and 1 bronze in basketball skills; 1 gold, 2 silver, and 1 bronze in track and field); '" Justin Langnser - 5 medals (1 gold and 1 silver in basketball skills, 1 silver in golf, and 2 gold in track and field); '" Robert Spaulding - 5 gold medals in swimming; '" Vivian Stirpe - 5 medals (3 gold in swimming, 1 gold in table tennis, and 1 gold in track and field); '" Raymond Lebowitz - 5 medals in track and field (4 gold and 1 silver); '" Raymond Bowles - 5 medals in swimming (4 gold and 1 silver); '" Kevin Doyle - 5 medals in track and field (3 gold and 2 silver); '" Fred Henderson - 4 medals in swimming (3 gold and 1 silver); '" Jose "Tony" Santana - 4 medals in track and field (2 gold, 1 silver, and 1 bronze); '" Abe Ulanoff - 4 medals in track and field (3 gold and 1 silver); y George Van Spronsen - 4 medals in swimming (2 gold and 2 silver) 6.B. Recol!nizinl! the 86th Year Anniversary of the American Lel!ion - March 18.2005 Mayor Perlman read and presented a proclamation hereby proclaiming the week of March 15 through March 21, 2005 as American Legion Birthday Week in the City of Delray Beach. Scott Schley, Commander with American Legion Post 65, came forward to accept the proclamation and announced there will be a State Dinner held on Saturday, March 19, 2005. - 2 - 03/15/05 6.C. Fair Housinl! Month - April 2005 Mayor Perlman read a proclamation hereby proclaiming April 2005 as Fair Housing Month in the City of Delray Beach. Lula Butler, Director of Community Improvement, came forward to accept the proclamation. 7. PRESENTATIONS: 7.A. "Spotlil!ht on Education" - Carole Crillev. Principal of Orchard View Elementary School Carole Crilley, Principal of Orchard View Elementary School, stated in the last five years they have gone from a "D" school to a "B" school with the goal set this year for an "A". There are currently 668 students and with room for 400 more. The programs include a dual language program to include French and they are looking for accreditation with the French Consulate. She gave a brief overview of the school programs for Orchard View Elementary School and announced that there is a Health Fair scheduled for March 31,2005. 7.B. Architects Cornell Park Presentation - Abbas Zackria. Robert Walters Joe Weldon, Director of Parks and Recreation, stated staff has been working with the Lake Ida Homeowners' Association for the last several months on a site plan for Cornell Park. Abbas Zackria, Robert Walters Architects (RW A), briefly reviewed the site plan for Cornell Park. Charlotte Lees, 110 Wood Lane, Delray Beach, stated she really appreciates working with everyone and thanked staff for making changes especially with regard to the parking so that it will not be backing out onto 9th Street and screened from the neighbors. She strongly supports the site plan. JoAnn Peart, 107 N.W. 9th Street, Delray Beach, thanked Mr. Weldon and Mr. Zackria and feels they came up with a good compromise. She expressed concern over the covered picnic tables proposed for Phase II. Mr. Levinson entered into the record two emails supporting the park (a copy is attached hereto and made an official part of the minutes). He stated he would like to make sure that the walking path and the places where improvements are made do not create a situation where we ultimately kill the existing Slash Pine trees. He suggested that staff consult with a landscape architect who has skills to insure that these trees are maintained as much as possible. - 3 - 03/15/05 Mr. Costin echoed comments expressed by Mr. Levinson. Mr. Costin asked if the six foot jogging trail is the standard width. Mr. Zackria stated the jogging trail should be six feet versus the eight feet which is shown on the site plan. Brief discussion followed between staff and the Commission. 7.C. Proposed Miracle Leal!ue Baseball Diamond at Miller Park - Joe Weldon. Director of Parks and Recreation Joe Weldon, Director of Parks and Recreation, gave a brief video presentation regarding the proposed Miracle League baseball diamond at Miller Park for physically and mentally challenged children. He urged the Commission to authorize staff to form a committee to raise funds and donated services. Staff anticipates the cost of the field will be approximately $500,000-$750,000. Staff is also requesting approximately $10,000 in seed money for a site plan and for providing cost estimates. Mrs. Archer stated the Little League has already agreed to run this and the Parks and Recreation Department will maintain it. In addition, she stated David Schmidt has agreed to process all the necessary paperwork for the City. Mrs. Archer stated she feels this is a good opportunity for the Little League, Bucky Dent's Baseball School, the City of Delray Beach, the Parks and Recreation Department, private people, and the Rotary Club to come together and unite the community to try and produce this field. Ms. McCarthy asked if the money is available in this year's Park and Recreation budget. The City Manager stated this would more than likely be taken from the Bond Issue money; however, staff can look at other sources if necessary. Mr. Weldon stated staff is working to get this money donated; however, if not, then the seed money will be needed. Mr. Costin stated he supports this wholeheartedly and feels it IS a wonderful idea. Ms. McCarthy asked if there is any type of recreational vehicles through the City of Delray Beach that services the parks that would accommodate children with handicaps. The City Manager stated the City does not have any recreational vehicles at this time; however, the City does have programs that are funded for special needs children. Mr. Weldon stated the City of Delray Beach has a contract with Association for Retarded Citizens (ARC) of Palm Beach County every year and offers an inclusion program in the After School Program and children that are physically and mentally challenged are main streamed into the program. In addition, Mr. Weldon stated the City provides surf chairs on the beach which allow the disabled to access the beach. Ms. McCarthy suggested that staff contact ARC to see if they have this type of vehicle available. Mr. Weldon stated staff will look into this. - 4 - 03/15/05 Brief discussion followed between the Commission and staff. It was the consensus of the Commission to authorize staff to form a committee to raise funds and provide $10,000 in seed money to cover costs that the City is unable to get donated. At this point, Abbas Zackria with Robert Walters Architects (RW A) came forward and volunteered their services. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. FINAL SUBDIVISION PLA T APPROVAL/HIGHLAND GROVE ESTATES PLAT: Approve the subdivision plat for Highland Grove Estates, a proposed 13 unit townhouse development, located on the northwest corner of Old Germantown Road and Palm Cove Boulevard. 8.B. FINAL SUBDIVISION PLAT APPROVAL/ATLANTIC PALMS PLAT: Approve the subdivision plat for Atlantic Palms (AKA Carlson Black Replat), a proposed 45 unit, fee-simple, townhouse development, located on the south side of West Atlantic Avenue, approximately 140' east of Whatley Road. 8.C. RESOLUTION NO. 11-05: Approve Resolution No. 11-05 assessing costs for abatement action required to remove nuisances on twelve (12) properties throughout the City. The caption of Resolution No. 11-05 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRA Y BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. - 5 - 03/15/05 (The official copy of Resolution No. 11-05 is on file in the City Clerk's office. ) 8.D. RESOLUTION NO. 12-05: Approve Resolution No. 12-05 assessing costs for abatement action required for the emergency board-up of an unsafe structure located at 326 S.W. 8th Street. The caption of Resolution No. 12-05 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRA Y BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRA Y BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORD- ING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNP AID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (The official copy of Resolution No. 12-05 is on file in the City Clerk's office. ) 8.E. HOLD HARMLESS AND LANDSCAPE MAINTENANCE AGREEMENTS/ TROPIC ISLES TOWNHOMES: Approve and accept a hold harmless agreement and a landscape maintenance agreement associated with the Tropic Isles Townhomes Project, located at the northwest corner of Avenue "H" and Frederick Boulevard. 8.F. CITY OF DELRAY BEACH SUB-RECIPIENT FUNDING AGREEMENT: Approve and authorize the execution of a funding agreement in the amount of $16,000.00 with sub-recipient New Innovations under the Weed & Seed program for FY 2004-2005. Funding is available from 115-2126-521-31.90 (Special Projects Fund/Weed and Seed Grants/Other Professional Services). 8.G. CITY OF DELRAY BEACH SUB-RECIPIENT FUNDING AGREEMENTS: Approve and authorize the execution of funding agreements in the total amount of$21,862.00 with two (2) sub-recipients (Delray Youth Vocational Charter - 6 - 03/15/05 School and Children Learning After School Sessions, Inc.) under the Weed & Seed program for FY 2004-2005. Funding is available from 115-2126-521-83.01 (Special Projects Fund/ Weed and Seed Grants/Other Grants/Aid). 8.H. RESOLUTION NO. 15-05: Approve a resolution requesting program modification funding from the Palm Beach County Emergency Medical Services (EMS) Grant Award program and authorize acceptance of grant funding in the amount of $26,015.23. The caption of Resolution No. 15-05 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, REQUESTING FUNDS FROM THE PALM BEACH COUNTY EMERGENCY MEDICAL SERVICES GRANT AWARD PROGRAM FOR FY 2004/2005. (The official copy of Resolution No. 15-05 is on file in the City Clerk's office. ) 8.H.I. Approve contract award to Zoll Medical Corporation in the amount of $17.366.00 for the purchase of the Auto Pulse Resuscitation System. 8.H.2. Approve contract award to Southeastern Emerl!ency EQuipment in the amount of $8.649.23 for the purchase of an Advanced Life Support Mel!a Code Kelly Manikin. 8.1. LICENSE AGREEMENT/CAFFE LUNA ROSA: Approve a license agreement with Caffe Luna Rosa and associated dashboard passes for the use of parking spaces in the Gleason, Sandoway, and Ingraham Parking Lots. Caffe Luna Rosa is located at 34 South Ocean Boulevard. 8.J. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 8.K. CLEAN AND SAFE BUDGET: Approve the Clean and Safe Budget as presented at the March 10, 2005 Workshop Meeting. 8.L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period February 28,2005 through March 11, 2005. 8.M. AWARD OF BIDS AND CONTRACTS: Various bid awards in the amount of $285,907.00 via the Florida Sheriffs' Association Contract #04-12-0823 and the State of Florida Contract #070-700-05-1 for the replacement of twelve (12) City vehicles. Funding is available from 501-3312-591-64.20 (Central Garage Fund/Automotive). - 7 - 03/15/05 8.N. RESOLUTION NO. 16-05 AND RESOLUTION NO. 17-05 (ADDENDUM): Approve Resolutions No. 16-05 and No. 17-05 stating the City's intent to participate in a dispute resolution proceeding with Palm Beach County and if there is no success, authorize a petition to the Board of County Commissioners of Palm Beach County challenging the financing of the County Dispatch Service with countywide revenues. The caption of Resolution No. 16-05 is as follows: A RESOLUTION OF THE CITY OF DELRA Y BEACH STATING THE CITY'S INTENT TO INITIATE THE CONFLICT RESOLUTION PROCEDURES OF CHAPTER 164, FLORIDA STATUTES, REGARDING A CONFLICT WITH PALM BEACH COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 16-05 is on file in the City Clerk's office. ) The caption of Resolution No. 17-05 is as follows: A RESOLUTION OF THE CITY OF DELRA Y BEACH AUTHORIZING, PURSUANT TO SECTION 125.01(6)(a), FLORIDA STATUTES, A PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY PERTAINING TO THE FUNDING OF ITS COUNTYWIDE DISP ATCH SERVICES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 17-05 is on file in the City Clerk's office. ) 8.0. KEY TO THE CITY (ADDENDUM): Approve presenting Mary Robinson, former President ofIreland, with a Key to the City. Mr. Levinson moved to approve the Consent Agenda, as amended, 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 - 03/15/05 9. REGULAR AGENDA: 9.A. NEIGHBORHOOD ACTION PLAN/CHATELAINE STRATEGIC TASK TEAM (STT): Consider approval and adoption of the Chatelaine Strategic Task Team Neighborhood Action Plan presented by Lula Butler, Director, Community Improvement; Janet Meeks, Education Coordinator; and Jayne King, President, Chatelaine Homeowners' Association. Lula Butler, Director of Community Improvement, stated this is the third action plan in a series of plans for the Chatelaine subdivision and noted the Chatelaine Task Team was initiated in December 2001. In this particular neighborhood, the residents spent 13 months discussing their concerns and could not come to a consensus of what their priorities were. The City put the Chatelaine Strategic Task Team Plan on hold to allow the neighborhood to work together and come back with a list of priorities. Their list of physical improvements is as follows: (1) New neighborhood identification signage, (2) Entryway beautification, (3) Traffic calming elements, and (4) Improved street lighting. Janet Meeks, Education Coordinator, gave a briefPowerPoint presentation regarding the Chatelaine Strategic Task Team Neighborhood Action Plan. Mrs. Archer asked if the City received a grant approximately 3-4 years ago to improve the front entrance area to the Chatelaine neighborhood. She stated there are many dead plants there now and expressed concern over who is going to pay for the irrigation and how the City can insure that this area is irrigated and maintained in the common areas. Mrs. Butler stated the City provides the maintenance for the first two years to give it time to develop and stabilize itself while the association is able to work and get more people paying dues so they can sustain it and understand their responsibility to maintain it. Jayne King, 3400 Place Valencay, Delray Beach, speaking on behalf of Chatelaine, stated one of the residents has talked on the local Haitian radio station about the concept of a homeowners association and what it means to maintain the outside of your home. She stated they have re-established a "Block Captain" program where different residents from each street are able to talk to people on their street, collect dues, and address questions. In addition, Ms. King stated they paid for four plantings at the front entrance from their own budget and stated residents are being charged $60.00 a year for the water bill; however, for many people they are finding it very difficult to pay. She stated years ago the City gave them a grant for a "House of the Month" sign and noted many residents take pride in fixing up their properties so that they can have the sign posted in their yard. Ms. King stated Chatelaine puts out a newsletter in the event someone cannot attend a meeting and provides a neighborhood information packet for newcomers. - 9 - 03/15/05 Prior to the vote, Ms. McCarthy stated she is surprised to see that there are not a higher percentage of people cooperating with regard to the $60.00 a year so that the community can be the best that it can be for itself. She stated she may have to make some telephone calls and challenge some of the residents to help out in this process so that long term there is not a short term fix. Mayor Perlman stated this is a good plan and he is looking forward to seeing it implemented. Mrs. Archer moved to approve the Chatelaine Strategic Task Team Neighborhood Action Plan, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:25 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 11-05 (SECOND READING/SECOND PUBLIC HEARING): City initiated amendment to Land Development Regulations Section 2.4.4(E), "Expiration of Approvals", to provide for a longer expiration period for Conditional Uses, Site Plans, Landscaping Plans, Architectural Plans, and Preliminary Subdivision Plats. Prior to consideration of passage of this ordinance on Second Reading/Second Public Hearing, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 11-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, FLORIDA, BY AMENDING SECTION 2.4.4(E), "EXPIRATION OF APPROVALS", SUBSECTION 2.4.4(E)(2), "CONDITIONAL USES, SITE PLANS, LANDSCAPING PLANS, ARCHITECTURAL PLANS, PRELIMINARY SUBDIVISION PLATS", TO PROVIDE FOR A LONGER EXPIRATION PERIOD, PROVIDING FOR APPLICABILITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 11-05 is on file in the City Clerk's office. ) - 10 - 03/15/05 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 pursuant to LDR Section 2.4.4(E)(2), approvals for conditional uses, site plans, landscaping plans, architectural plans and preliminary subdivision plats have been limited to an eighteen (18) month duration unless a different period is specifically stated in conditions of approval. Within the past few years, requests for extensions of approvals have become more numerous. Due to many economic, permitting, and construction factors, it has become more difficult to establish a project during the eighteen (18) month period. The proposal is to amend the current regulation to lengthen the time frame to establish a project for an additional six (6) months, from eighteen (18) months to twenty four (24) months. The proposed two (2) year approval period is consistent with other municipalities in Palm Beach County. At its meeting of February 28, 2005, the Planning and Zoning Board considered the proposed text amendment and recommended approval. Mayor Perlman declared the public hearing open. Alice Finst, 707 Place Tavant, Delray Beach, urged the Commission to look carefully at this ordinance and asked that a close review be done before the extension is made to ensure that the project is in keeping and contemporary with other projects being approved in Delray Beach. There being no one from the public who wished to address the Commission regarding Ordinance No. 11-05, the public hearing was closed. Ms. McCarthy asked what type of review we have in place already and asked if an applicant would have to go through another review board again before getting final approval. Mr. Dorling stated the approval process now is for eighteen (18) months and after eighteen months (18) there would be a request for an extension and the planning staff would review all of the changes to the LDR's within those 18 months and determine whether it would be appropriate to apply them to this project or approve it and allow an extension under the old regulations. Mrs. Archer moved to adopt Ordinance No. 11-05 on Second Reading/Second Public Hearing, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 10.B. RESOLUTION NO. 8-05/CONTRACT FOR SALE AND PURCHASE OF PROPERTYI1700 LAKE IDA ROAD: Consider approval of contract to sell City owned property, 1700 Lake Ida Road, and Contract for Sale and Purchase between the City and Crossroads Recovery Foundation, Inc. (CRC) in the amount of $1,000,000.00; and approve Resolution No. 8-05. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. - 11 - 03/15/05 The caption of Resolution No. 8-05 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. 8-05 is on file in the City Clerk's office. ) The City Attorney stated this is a contract to sell property located at 1700 Lake Ida Road to the CRC Recovery Foundation, Inc. and stated the City has received a $10,000.00 deposit. She stated the appraised value is $1,000,000.00 and they have agreed to pay this amount as outlined in the memorandum and noted this does not include interest. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 8-05, the public hearing was closed. Prior to the vote, Mrs. Archer stated she was involved when CRC purchased land to make a permanent home for the Crossroads Club several years ago and is pleased to still be on the Commission doing this again. Mr. Levinson stated as the contract stands he is uncomfortable that there is no interest because he feels there could potentially be an issue with setting a precedent. He proposed to amend the agreement to include an interest rate based upon the cost of funds and encouraged utilizing a similar program that is being used by the Spady Museum. Mr. Levinson stated the Crossroads Club would make an application through the grant process and the City would grant them back an amount of money that could be similar to or in excess of the interest fee. Ms. McCarthy expressed concern over the additional deposit due thirty (30) days after the effective date even if today becomes the effective date and stated this is too close to the closing date. The City Attorney stated the contract can be amended to make the second deposit of$90,000.00 due ten (10) days after approval of the contract. Mr. Costin moved to approve the Contract for Sale and Purchase of Property located at 1700 Lake Ida Road with the additional deposit of $90,000.00 due ten (10) days from the date of execution of the contract; and approve Resolution No. 8-05, - 12 - 03/15/05 seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - No; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 4 to 1 vote, Commissioner Levinson dissenting. 10.C. ORDINANCE NO. 6-05 (SECOND READING/SECOND PUBLIC HEARING): City initiated amendment to Land Development Regulations (LDR) 4.4.5 "Low Density Residential (RL) District", enacting performance standards and providing for recreational areas for multi-family developments to mitigate the impacts of additional density from a base density of three (3) units per acre to a maximum of six (6) units per acre and changing review of site plans from the Planning and Zoning Board to the Site Plan Review and Appearance Board or the Historic Preservation Board. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 6-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT", SUBSECTION 4.4.5(A), "PURPOSE AND INTENT", TO CLARIFY THE APPLICABLE COMPREHENSIVE PLAN SECTION; AMENDING SUBSECTION 4.4. 5 (H), "SPECIAL REGULATIONS", PROVIDING A MEANS TO INCREASE DENSITY IN THE RL DISTRICT AND TO PROVIDE FOR RECREATIONAL AREAS FOR MULTI-FAMILY DEVELOPMENTS; ENACTING SUBSECTION 4.4.5(1), "PERFORMANCE STANDARDS", TO MITIGATE THE IMP ACTS OF ADDITIONAL DENSITY BOTH INTERNAL AND EXTERNAL TO THE SITE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 6-05 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. - 13 - 03/15/05 Paul Dorling, Director of Planning and Zoning, stated the current development standards for the RL (Low Density Residential) zoning district provide for a range in densities from a minimum of three (3) units per acre to a maximum of six (6) units per acre. The proposed amendment would create a set of seven (7) performance standards that must be met in order to increase density beyond the minimum, which is intended to lessen the impact of the additional density. In addition, the standard for recreational amenities has been amended to require that facilities be provided for children of all ages. It also corrects a reference in the plan where it talks about the Planning and Zoning Board making the finding whereas the site plan usually goes before the Site Plan Review and Appearance Board. At its meeting of January 25, 2005, the Planning and Zoning Board voted 5-0 (Kincaide absent) to recommend approval of the proposed text amendment; at its meeting of January 27, 2005, the Community Redevelopment Agency (CRA) Board recommended approval of the proposed text amendment; and at its meeting of February 2, 2005, the Historic Preservation Board (HPB) recommended approval of the proposed text amendment. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 6-05, the public hearing was closed. Mr. Costin moved to adopt Ordinance No. 6-05 on Second and FINAL Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 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 Manal!er's response to prior public comments and inauiries. The City Manager had no comments or inquiries on non-agenda items. 11.B. From the Public. 11.B.I. Nixon Mears. 902 N.W. 1st Street. Delray Beach. stated he has questions regarding Item 9.R and Mayor Perlman informed him that Item 9.R is on the Regular Agenda and will be the next item discussed. 11.B.2. Willie Potts. Jr.. 634 Anl!ler Drive. Delray Beach. stated at the last City Commission meeting there were some public comments expressed by some residents and asked why there is no response to those concerns in particular the suggestion of a Citizen Advisory Board for the Police Department. - 14 - 03/15/05 Mayor Perlman stated the direction of the City Commission was given to the staff to research Citizen Boards to see which ones can be applicable and the idea is to get something in place that is effective. He stated staff is currently looking at different models from across the country to see which one will be effective and at that point staff will come back to the Commission with recommendations and the Commission will vote for or against those. 9.B. RESOLUTION NO. 14-05: Consider approval of Resolution No. 14-05 authorizing the Community Redevelopment Agency (CRA) to acquire for simple title by gift purchase or eminent domain for property needed for the Carver Square Neighborhood Plan. The caption of Resolution No. 14-05 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY AS HEREINAFTER DESCRIBED BY THE DELRA Y BEACH COMMUNITY REDEVELOPMENT AGENCY BY GIFT, PURCHASE OR EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. (The official copy of Resolution No. 14-05 is on file in the City Clerk's office. ) Mayor Perlman declared a conflict of interest and passed the gavel to Vice Mayor McCarthy and left the dais. The City Attorney stated the Community Redevelopment Agency (CRA) passed a resolution regarding these properties in the Carver Square neighborhood and are required by Statute to get City Commission approval if they are contemplating to exercise eminent domain. Diane Colonna, Executive Director of the CRA, stated the CRA does not anticipate having to use eminent domain; however, this is being requested in the event eminent domain would need to be used. She stated they would like to move forward quickly because people are anxious to move out. Ms. Colonna stated Mrs. Butler and the CRA staff has been meeting this week with the individual homeowners and she believes there will not be any issues with the homeowners in terms of finding other locations for them, providing subsidies, paying an adequate sum for their properties that will enable them to get into other housing where it will not be a real hardship for them. Ms. Colonna stated there could be potential issues with the vacant land because there are several lots that are owned by people who had intentions of developing those lots. She stated in the Southwest neighborhood it is very common to have problems with the chain of title so even if someone wants to sell and the title cannot be cleared the sale cannot go through. - 15 - 03/15/05 Therefore, Ms. Colonna stated eminent domain would help to clear this up very rapidly and staff could move forward without having those obstacles. Ms. Colonna stated if property is acquired through the possibility of eminent domain, there will be a tax benefit for all the property owners. Brief discussion between Vice Mayor McCarthy and Diane Colonna followed (Exhibit "A" is attached hereto and made an official part of the minutes). Mr. Levinson moved to approve Resolution No. 14-05, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Vice Mayor McCarthy - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. 9.C. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 9.D. CONTRACT EXTENSION AND AUTHORIZATIONIBILL PLUM: Consider approval of a contract extension and authorization for payment to Bill Plum in the amount of $15,883.00. Funding is available from 380-4139-572-39.10 (2004 Bond Fund/Other Professional ServicesINeighborhood Parks). At this point, Mayor Perlman returned to the dais. The City Attorney stated the contract between the City and Bill Plum requires the City Commission to approve, in writing, authorization of amounts exceeding $10,000.00. Prior to the vote, Mr. Levinson stated Mr. Plum has been invaluable and suggested in the future staff create a methodology for expediting the negotiations and discussions with a single sole source. The City Attorney stated she appreciates the assistance of Mr. Bill Plum and asked for direction from the Commission whether or not to remove the $10,000.00 cap completely or establish a new cap. She stated the expenditures total $15,883.00 including the invoice for February. After brief discussion, the Commission concurred to direct the City Attorney to bring this item back if the expenditures reach an additional $15,000.00. Mr. Costin moved to approve the contract extension and authorization for repayment to Bill Plum in the amount of $15,883.00, 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. LETTER REGARDING ALZHEIMER'S PROPERTY: Consider approval of a letter restating interest in the acquisition of the Alzheimer's property, setting forth prices and proposals. - 16 - 03/15/05 The City Attorney stated this is a letter for the Mayor's signature in an effort to help expedite this along. Mayor Perlman stated he will be on vacation next week and suggested that one or more of the Commissioners place a call to Mr. Sam Ferreri to see if he can help the City of Del ray Beach. Mr. Levinson moved to approve the Letter regarding Alzheimer's Property, 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.F. SETTLEMENT AGREEMENTIBOWMAN: Consider approval of a settlement agreement between the City and William E. Bowman, Jr. in the amount of $3,519.26. Staff recommends acceptance. The City Attorney stated this item is regarding nuisance abatement demolition liens on property that in one case was not properly noticed. If the City accepts the settlement in the amount of $3,519.26, the liens would then be released on both properties. Ms. McCarthy moved to approve the settlement agreement between the City of Delray Beach and William E. Bowman, Jr. in the amount of $3,519.26, 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.G. AWARD OF CONTRACT/MORGAN ROOFING. INC.: Consider approval of a contract award to Morgan Roofing, Inc. in the amount of $142,987.00 for the Old School Square Re-roofing Project; and waive the requirement that the bonds be issued and executed by an agent with an office in Palm Beach, Dade, Broward, or Martin counties. Funding is available from 334-6112-572-46.12 (General Construction Fund/Old School Square Roof Repair). Richard Hasko, Director of Environmental Services, stated this is a request for a bid award to Morgan Roofing, Inc. for the Old School Square Re-roofing Project. Mr. Hasko stated there was a mandatory pre-bid conference for this project and approximately six contactors were present. However, the City only received one bid and this bidder cannot meet one of the standard requirements in the contract. Mr. Hasko requested that this requirement be waived. Mr. Levinson asked if this can be changed to a Florida Bonding company because he feels this is more customary. The City Attorney stated the City has customarily used a local firm; however, staff can look into this. - 17 - 03/15/05 Mr. Levinson moved to approve the contract award and the waiver to Morgan Roofing, Inc., seconded by Ms. McCarthy. Upon roll 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.H. FIFTH AMENDMENTIBLOCK 77 CONTRACT/COMMUNITY REDEVELOPMENT AGENCY: Consider approval of the Fifth Amendment to the Block 77 Contract between the Community Redevelopment Agency (CRA) and Block 77 Development Group, L.C. to provide for an extension payment to the CRA in the amount of $764,200.00 and extend the closing time to September 29,2005. Mayor Perlman declared a conflict of interest and passed the gavel to Vice Mayor McCarthy and left the dais. The City Attorney stated this amendment to the contract has been approved by the Community Redevelopment Agency (CRA) and staff is requesting Commission approval as a third party beneficiary to the agreement. The agreement provides for an extension payment to the CRA in the amount of $764,200.00 in addition to the $180,000.00 originally agreed to. The closing is to take place September 29, 2005 unless extended which would make it March 15, 2006. Mr. Costin moved to approve the Fifth Amendment to Block 77 contract between the Community Redevelopment Agency (CRA) and Block 77 Development Group, L.C. to provide for an extension payment to the CRA, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Vice Mayor McCarthy - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. 9.1. APPOINTMENT TO THE BOCA RATON AVIATION ADVISORY COMMITTEE: Appoint one member to the Boca Raton Aviation Advisory Committee for an unexpired term ending May 31, 2006. Based upon the rotation system, the appointment will be made by Commissioner Levinson (Seat #3). Mr. Levinson moved to appoint Robert Conway as a regular member to the Boca Raton Aviation Advisory Committee for an unexpired term ending May 31, 2006, 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. 9.J. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint three (3) regular members and two (2) alternate members to the Nuisance Abatement Board for two (2) year terms ending March 31,2007. Based upon the rotation system, the appointments will be made by Commissioner McCarthy (Seat #4), Mayor Perlman (Seat #5), Commissioner Costin (Seat #1), Commissioner Archer (Seat #2), and Commissioner Levinson (Seat #3). - 18 - 03/15/05 Ms. McCarthy moved to appoint Todd L'Herrou as a regular member to the Nuisance Abatement Board for a two (2) year term ending March 31, 2007, 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. Mayor Perlman stated he wished to appoint Nicholas Loeb as a regular member to the Nuisance Abatement Board for a two (2) year term ending March 31, 2007. Mr. Costin so moved, 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. Mr. Costin moved to reappoint Kenneth Kaltman as a regular member to the Nuisance Abatement Board for a two (2) year term ending March 31, 2007, 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. Mrs. Archer moved to reappoint Eileen Marks as an alternate member to the Nuisance Abatement Board for a two (2) year term ending March 31, 2007, 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. Mr. Levinson moved to appoint Philip Friedman as an alternate member to the Nuisance Abatement Board for a two (2) year term ending March 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. At this point, the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 12-05: An ordinance amending Chapter 95, "Emergency Management", Sections 95.05 through 95.13 to provide an updated ordinance regarding emergency management. If passed, a public hearing will be scheduled for April 5, 2005. The caption of Ordinance No. 12-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 95, "EMERGENCY MANAGEMENT", BY AMENDING SECTION 95.05 THROUGH 95.13 IN ORDER TO PROVIDE AN - 19 - 03/15/05 UPDATED ORDINANCE REGARDING EMERGENCY MANAGEMENT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 12-05 is on file in the City Clerk's office. ) The City Attorney read the caption of the ordinance. Ms. McCarthy stepped down from the dais. Mr. Levinson moved to approve Ordinance No. 12-05 on FIRST Reading, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. At this point, Ms. McCarthy returned to the dais. l2.B. ORDINANCE NO. 18-05: An ordinance amending Chapter 35, "Employee Policies and Benefits", subheading "Retirement Plan", Section 35.097, "Retirement Income; Basis, Amount, and Payment", of the City Code of Ordinances to provide for an option of a 3 % multiplier. If passed, a public hearing will be scheduled for April 5, 2005. The caption of Ordinance No. 18-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, FLORIDA, BY AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT", TO PROVIDE FOR AN OPTIONAL ENHANCED MUL TIPLIER; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 18-05 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. 18-05 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Costin- - 20- 03/15/05 Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. l2.c. ORDINANCE NO. 19-05: An ordinance amending Chapter 35, "Employee Policies and Benefits", subheading "Retirement Plan", Section 35.089, "Definitions", of the City Code of Ordinances to provide for a revision in the definition of "Credited Service". Ifpassed, a public hearing will be scheduled for April 5, 2005. The caption of Ordinance No. 19-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, FLORIDA, BY AMENDING SECTION 35.089, "DEFINITIONS", TO REVISE THE DEFINITION OF "CREDITED SERVICE" TO INCLUDE CERTAIN EMPLOYMENT WITH THE CITY AS A POLICE OFFICER OR FIREFIGHTER FOR VESTING AND CERTAIN BENEFIT ELIGIBILITY PURPOSES ONLY; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 19-05 is on file in the City Clerk's office. ) The City Attorney read the caption of the ordinance. The City Manager stated this ordinance is intended to address situations where someone may work as a lifeguard for several years and then moves to the Fire Department and essentially would end up losing their time as a lifeguard with regard to any pension benefits. Therefore, this ordinance would allow an employee to get the full credit for their previous service and they would receive a pension benefit from the General Employees' Pension Plan as well as the Police and Firefighters' Pension Plan. Mr. Costin moved to approve Ordinance No. 19-05 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. - 21 - 03/15/05 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manal!er The City Manager stated when staff met with the representatives from the National Association for the Advancement of Colored People (NAACP) last week they provided the City of Delray Beach with a list of information they want. The City Manager stated he and the Police Chief have been working on assembling this information and it will be available for the NAACP on Thursday. 13.B. City Attornev The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.I. Mrs. Archer Mrs. Archer had no comments or inquiries on non-agenda items. 13.C.2. Mr. Costin Mr. Costin stated he attended the library event and it was very successful. 13.C.3. Ms. McCarthv Ms. McCarthy stated she received some information from Rabbi Carter regarding Chaplain Busby who ministered at the church located at 898 S.W. loth Street (east of Wallace Drive). He was very instrumental during the times when the youth were at odds with one another (i.e. Haitian-Americans and African-Americans). Ms. McCarthy stated Chaplain Busby, his church, and his wife worked together with Advent Lutheran Church to create a summer program where young people who were recommended by their guidance counselors and their teachers were put together in a work program so that they would have the money to purchase school supplies and clothing for the next school year. She stated students were not prepared to face the school day and consequently did not feel good about themselves which created more animosity to a situation and also gave the youths the opportunity to travel to places they normally would not see and have experiences which they normally did not get to do together. Ms. McCarthy announced that his funeral will be held on Saturday, March 19, 2005 at 10:00 a.m. at Spanish River Church on west Yamato Road with a viewing on Friday at 5:00 p.m. at the Calvary Bible Alliance Church in Delray Beach. She stated she will forward this information to Delores Rangel, Administrative Assistant. - 22- 03/15/05 13.C.4. Mr. Levinson Mr. Levinson stated this is the last official City Commission meeting for Mr. Costin and it has been a pleasure working with him. He stated the Office Depot announcement of their new CEO was yesterday and suggested the Mayor send him a letter. He commented about the letter from Boca Raton Educational TV thanking the City of Delray Beach and asked what the status is on this. The City Manager stated Ivan Ladizinsky is working on this. Mr. Levinson commented about the general consensus of the Commission last year to change the format of the Goal Setting sessions. He stated it would be nice to get some creativity and a variety of other things because he feels there is a pretty good set of plans underway that need to be implemented. 13.C.5. Mavor Perlman Mayor Perlman stated he attended the National Honor Society Induction at Atlantic High School last week. He stated Carol Colletta who was the keynote speaker last year at the Florida Redevelopment Association (FRA) conference is coming into town. She does cultural plans and will be talking to various stakeholders in cultural areas in an effort under the Delray Beach Cultural Alliance Umbrella. In addition, Mayor Perlman stated Carol is the host of a show on National Public Radio on Sundays called "Smart City Radio" and she features cities that are doing innovative things. She has expressed an interest in featuring Delray Beach at some point in the future. He announced that Mary Robinson the former President of Ireland will be in town on Thursday, March 17, 2005 and will be presented with the Key to the City at 2:00 p.m. at Old School Square. He stated she is a miraculous person who works worldwide on various humanitarian issues. Mayor Perlman stated last night he attended the 40th Anniversary of the Delray Art League. He stated the Delray Art League is looking for office space or an area to paint. He stated he and Commissioner McCarthy attended the Trail Blazer Awards at Pompey Park and it was very well attended and well done. Mayor Perlman stated this was a benefit for Frances Carter who does spectacular work. Mayor Perlman stated he will be on vacation next week and will be accessible via telephone. - 23 - 03/15/05 There being no further business, Mayor Perlman declared the meeting adjourned at 8:21 p.m. ~~ \J~ City Clerk ATTEST: ~k~ 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 March 15, 2005, which Minutes were formally approved and adopted by the City Commission on AprilS" 2005 ~~S), ~~ 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- 03/15/05 Page 1 of 1 Jon Levinson ': Mike and Karen Cruz 3/1512005 1 :52 PM Mayor@MyDelrayBeach.com; AlbertaMcCarthy@MyDelrayBeach.com; JonLevinson@MyDelrayBeach.com; PArcher@MyDelrayBeach.com; cityman ager@mydelraybeach.com Larry Buttell; Mike and Karen Cruz; Chester Kwasniewski; Dave and Betsy Mackarey; Rick Miyares; JoAnn Peart; Todd Wilson Cornell Park From: -!nt: Cc: Subject: Dear Mr. Mayor and City ComIDlssioners, At tonight's commission meeting you will be presented the Cornell Park plans. I wIll be unable to attend tonight's meeting, but wanted to pass along some information. The Lake Ida Property Owner's Association formed a "Parks Committee" and worked with Joe Weldon in the development of these plans. Much conslderaùon was taken into the preservaùon of the existing slash pines, while at the same time makmg the area more usable and attractive. We believe these plans accomplish this and would encourage you to approve these plans. Thank you for your time. ~cerely , ! ke Cruz '" _ ..:sident Lake Ida Property Owners Assoc. ,...... r ~l.~> 3/15/2005 . March 14, 2005 Dear City Commissioners, Being brought before you Tuesday evening is a proposal for Cornell Park in the Lake Ida area. In lieu of an JU1pearance, I'd like to share my thoughts with you via this letter. I thank you in advance for your time and attention. .st November, Joe Weldon and his associates brought before the Lake Ida area residents proposals for three neighborhood parks Two plans were viewed quite favorably by the residents with some suggestions and comments being well-received by Mr. Weldon. These were the 11th Street park at Lake Ida and the Scout hut park on Lake Ida road. The presentation of the Cornell Park plan brought much discussion. Residents were nearly unanimous in their desire to leave the space as natural as possible. It became evident that the residents wanted to save the slasb pine trees and the wildlife habitat and that as little development as possible was requested. The plan you will have for your review Tuesday night is what Mr. Weldon calls a "compromise" with the neighborhood. Truly, it is not even close to what the residents voiced an overwhelmingly majority opinion on in November, nor has it been shown to all interested Lake Ida area residents. It has not even been offered for approval to those of us who have homes along the perimeter of the park Mr. Weldon has convinced some residents that it is the best that we can hope for and we must accept it without question. I cannot agree with that and, though it may be in vain, must state my objection to the plan and to the way it was researched and presented. I must also bring up the fact that the budget for the park is $150,000 and this plan, per Mr. Weldon, will cost in excess of $300,000. This park plan includes an invasive sprinkler system, an eight foot wide paved walking path, and future plans for a gazebo and playground equipment Neighbors were unanimous is their view that, since playground equipment and eating facilities are very nearby, that none were wanted here. While the gazebo and playground equipment are not on the immediate plan, they are on the future expansion plan and several ofthe neighbors would request that they be r--noved. I ìer speaking with three master gardeners at two County Extension offices and two people in the community with extensive knowledge about native plants, I have come to be concerned about the lack of care' dOd educated thought given to the slash pine trees in the space According to a county published statistic, less than 2% of slash pine trees remain in Palm Beach County Many of us have homes built from this pine in the 60's when an ab1.tndance of pine trees were cut down for city and highway development. The last 40 years have nearly annihilated this native tree from our landscape. These trees are beautiful, require no fertilizer, watering or special care and are home to many interesting birds in our area. Slash pine trees need nothing, but to be left alone. Herein lies the concern. When slash pines get additional water or fertilizer, they die. Their roots travel great distances and in directions that cannot be predicted. When their roots are disturbed by heavy equipment digging irrigation systems or building paved pathways, they develop pine bores and die They don't die today or next month or even next year, but they will most likely die over a three to five year time period. When questioned about these facts, Mr. Weldon responded that he did not care what happened five years from now because he would be retired from the Parks Department and it wouldn't be his problem. I seriously doubt you, as an elected official, would be so uninterested in concerns from you constituency. Mr. Weldon told me the plan will be presented to the Commission and it is the plan that would be approved. That certainly may be true, but I feel it is necessary to share the concerned opinion that the Parks Department, in this one instance, has failed to perform the necessary due diligence in researching the facts for this project. Mr. Weldon has not been able to answer specific questions about slash pines and other native vegetation and did not appear to be concerned about finding answers His department has not consulted with the people who have the specialized knowledge to be able to make informed, educated recommendations. This may not be characteristic of Mr. Weldon's work behavior or attitude, but in this one instance, he and his associates have consistently failed to do their homework. ~ has failed to listen to the community and has convinced some in the community that this i.; the only plan that the 'y commission will approve. I am willing to bet that each of you is more interested in doing what is right than . .ickly approving something to get it off your plate. I am also willing to bet that you will take the appropriate steps to delay approval ofthis plan until experts can be consulted and questions answered. My recommendation would be to limit the irrigation to the one large field on the east side of the park and to change the ~ \.9, - - - - ~ - . -- - .._~....\...~ ,,_ ~,_>..__",__~_ ~ ___ -~. ~~_~..').. .....1"._ - - -. "- _ ~ ~ ~-- .....,...-......--.. ~ .. ~ 8' wide paved path to a 4' sidewalk like the one at the Seacrest Scrub on Seacrest Ave in Boynton Beach. Also, I would respectfully request that the gazebo and playground equipment be removed from any current and future plans.. Adding more native vegetation could enhance the space around the slash pines without risking potentially dead trees. Finally, a minimal 3 - 5 parking lot spaces on the lesser traveled 4th Avenue side of the park should be more that adequate to house visitors driving to the park. I do want to stress that I am not an expert in native vegetation, and neither is Mr. Weldon. I am merely suggesting, 3J] respectfully requesting, that experts be consulted on this project, along with the neighborhood committee, and we answer these questions before creating a situation we will regret. Master gardeners may be consulted at the County Extension office at 276-1260 and at Mounts Botanical Garden at 561-233-1749. The Native Plant Society meets the 3rd Tuesday of each month and may be reached at 561-585-1278. The University of Florida also has experts in this area for consultation and houses the Florida Institute for Resources and Environment. Whilé Mr. Weldon may not be living or working in Delray Beach five years from now, my husband and I, as 3rd generation owners of Vince Canning Shoes certainly will be, as will many of my current neighbors. . I thank you again for the opportunity to address each of you and for your kind attention. Any response or questions . may be directed to me at my home at 265-4745, or my work at 276-6570 or to my cell phone at 706-4296. Sincerely, LaRonda Denkler Resident at 320 NW 9th Street, Delray Beach I \ I ) ¡ - EXHIBIT "A" 9.B. RESOLUTION NO. 14-05: Consider approval of Resolution No. 14-05 authorizing the Community Redevelopment Agency (CRA) to acquire fee simple title by gift purchase or eminent domain for property needed for the Carver Square Neighborhood Plan. Mayor Perlman: I'm going to declare a conflict and pass the gavel to the Vice Mayor. Vice Mayor McCarthy: Resolution No. 14-05. City Attorney: Yes, this is a resolution that... well, the CRA passed a resolution regarding these properties in the Carver Square neighborhood and they are required by Statute to get City Commission approval if they are going to exercise or contemplating to exercise eminent domain and that's what this resolution is about. And, Diane Colonna I see is here to answer any questions you might have. Vice Mayor McCarthy: Okay, thank you. Diane Colonna: Hi, Diane Colonna, Executive Director of the Community Redevelopment Agency (CRA). Just want to emphasize this is being requested in the event that we have to use eminent domain. We don't anticipate that we will have to but we are going forward and we want to move forward quickly because we've been dealing with this situation for a year and a half now with all the studies and everything else. People are anxious to move out and we are.. ..Mrs. Butler has been meeting with and our staff have been meeting this week with all the individual homeowners and I believe that we won't have any issues with the homeowners in terms of finding other locations for them, providing subsidies, paying an adequate sum for their properties that will enable them to get into other housing where it won't be a real hardship for them. So far that's going very well. Where we think we might have issues are with the vacant land. There are several lots that are owned by people who had intentions of developing those lots. We really don't want to get into a situation where we're developing part of the property and someone else is developing another part. So, we want to be able to...in the event, again, that we have to use eminent domain.. . and it's very rare that we've ever had to use it but we just wanted to have this in place in case we had to go that route. Another reason is where it may come in handy is if there are title issues. In the Southwest neighborhood this is pretty common to have problems with chain of title so even when someone wants to sell sometimes if the title can't be cleared they can't....the sale can't go through. So, this is again, a situation where eminent domain can help clear that up very rapidly and we can go forward without having those obstacles. We really do want to move on it. As I said, people are very anxious to see some action. And, this I believe will be a benefit; also, it's a tax benefit. If you acquire property through eminent domain or through the possibility of eminent domain, it'll be a tax benefit for all the property owners. So, that's our reason. - 1 - 03/15/05 Vice Mayor McCarthy: Is this open to the public? Mr. Levinson: No. City Attorney: It is now; it's not a public hearing item but you.... Vice Mayor McCarthy: Okay. Mr. Levinson: I move approval of 14-05. Mr. Costin: Second. Vice Mayor McCarthy: Okay. I have a couple of comments. Do you have any comments on this? Mrs. Archer: No, go ahead. Vice Mayor McCarthy: Umm, I have had the opportunity to speak to our City Attorney on 14-05 as well for this resolution and because it's not an ordinance and it's a resolution then it does not go through a process where notice is actually served up to the individual owners of the property. But, it was publicized that it was going to be on this Agenda this evening. And, there are some concerns with the vacant lot parcels that are part of this package of acquisition. I've been told and I have verified that the CRA and representatives of the CRA have actually....in the City... .excuse me.... CRA and representatives from the City have actually started meeting with the homeowners in this area explaining the offers that are being presented to them and that this process is already in place as well. Umm, so because ofthat.....because this is publicized and is something that was held at your last meeting if I remember correctly as well. Diane Colonna: Yes, we did have this on our.. ..not on our last meeting but on the Agenda where we had the Carver Square item and we had all the residents in attendance, this was on that Agenda as well as another item. Vice Mayor McCarthy: So, this is actually the second time that this is being discussed out in the open. Diane Colonna: Yes. Because our Board had to first adopt a resolution to request the City Commission's permission and then it comes here for your action and then it goes back to our Board actually one more time for us to authorize it officially. Vice Mayor McCarthy: Okay and Diane is it correct that the CRA and the City will continue their efforts to negotiate the offers that they have already put in place based on appraised values that were already done months ago? Diane Colonna: Yes. -2- 03/15/05 - Vice Mayor McCarthy: Yes, okay. Diane Colonna: It's a combination of acquisition costs and subsidies for down payment assistance; relocation expenses. So, it's really a combination package. We're really restricted in what we can pay for the property but we can make up for that in other means; by other means. Subsidies - we're investigating the possibility of.. .you know... if we have to get into a situation where we have to do mortgages, that's a possibility; if we have credit issues; umm, if we need to do deferred payment loans. We'll come up with a combination of grants and subsidies and the acquisition costs and we will make sure that everybody is taken care of. Vice Mayor McCarthy: Okay, one other thing. Because I want to make certain it's in the record. Coming up to this point there was also discussion about possibly approaching the existing lenders who have these mortgages and seeing if we could get payoffs that were less value than what is showing up on people's coupon or in coupon books. Has that been done? Diane Colonna: Yes, we have four FHA insured homes that again we don't have high hopes for this because it's just difficult to do but we do have.. .Michael Weiner has agreed to do some work "pro bono" to see if he can get those mortgages reduced. So, at least he'll be able to do some letters and get the ball rolling and see if there's some possibilities there. So, he's offered his services free of charge. Vice Mayor McCarthy: Okay. Thank you very much for that information. Chevelle, you want to call the roll? City Clerk: Ms. McCarthy - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson- Yes. Said motion passed with a 4 to 0 vote. r ! - 3 - 03/15/05 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR -COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS :T NAME-FIRST NAME-MIDOLE NAME NAME OF BOARD, COUNCIL. COMMISSION, AUTHORITY. OR COMMITTEE erlman, Jeffrey Delray Beach City Commission MAlUNG ADORESS 11iE BOARD, COUNCIL. COMMISSION, AUTHORITY OR COMMITTEE ON 971 Delray Lakes Drive WHICH I SERVE IS A UNIT OF: CITY COUNTY 11I'¥ CrTY a COUNTY a OTHER LOCAl AGENCY J)øl...",v Beach Palm Beach NAME OF POLITICAL SU8OMSION: City of Delray Beach DATE ON WHICH VOTE OCCURRED MY POSITIOH IS: March 15. 2005 DC ELECTIVE Q APPOINT1VE WHO MUST FILE FORM 88 This form is for use by any person serving at the county. city. or other local level of government on an appointed or elected board, council, commission. authority. or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of Interest under Section 112.3143. Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greaUy depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this tonn before completing the reverse side and filing the toon. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES - person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which xes to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- ìf'Ð which Inures to the special gain or loss ot a principal (other than a government agency) by whom he or she is retained (indudiog the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss ot a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, ES.. and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a -relative- includes only the officer's father. mother, son. daughter. husband. wife, brother, sister. father-in-law, mother-In-law, son-in-law, and daughter-lrHaw. A -business associate- means any person or entity engaged in or carrying on a business enterprise with the officer as a partner. joint venturer. coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock. exchange). * * . * . - . . . . . . ELECTED OFFICERS: In addition to abstaining from voting in the situations described above. you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publidy stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this fonn with the person responsible for recording the min- utes of the meeting. who should incorporate the form in the minutes. * . . . * . * . . . . APPOINTED OFFICERS: Although you must abstain from voting in the situations desaibed above. you otherwise may participate in these matters. However. you ~ disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made , you or at your direction. .. YOU INTEND TO MAKE ANY ATTEMPT TO INflUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WIll BE TAKEN: · You must complete and file this form (before making any attempt to influence the decision) with the person responsibJe for recording the minutes of the meeting. who wiU incorporate the form in the minutes. (Continued on other side) CEFORM88-EFF.112OOO -:C~~.~ PAGE 1 APPOINTED OFFICERS (continued) · A copy d the form must be provided immediately to the other membefs of the agency. · The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: --... I ! · You must disclose orally the nature of your conflict in the measure before participating. · You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting. who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency. and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Jeffrev Perlman ,hereby disclose that on March 15. ,20~: (a) A measure came or wiD come before my agency which (check one) -l( inured to my special private gain or loss; inured to the special gain or loss of my business associate, Inured to the special gain or loss of my relative, Inured to the special gain or loss of whom I am retained; or Inured to the special gain or loss of Is the parent exganlzation or subsidiafy of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: .by . which My wife Diane Colonna, is the Executive Director of xhe Community Redevelopment Agency (CRA). 3/15/05 Date Filed NOTICE: UNDER PROVISIONS OF flORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVil PENALTY NOT TO EXCEeD $10,000. " CE FOAM 8B - EFF. 112000 PAGE 2 ; > FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL 'AND OTHER LOCAL PU.BLIC OFFICERS CITY COUNTY NAMÈ OF BOARD. COUNCIL COMMISSION. AUTHORITY. OR COMMITTEE Delray Beach City Commission . THE BOARD. COUNCIL COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF' ~ a COUNTY a OTHER lOCAl AGENCY NAME OF POUTICAl SUBOIVISION: ,T NAME-FIRST NAME-MIDDLE NAME Perlman, Jeffre lUNG ADDRESS Lakes Drive Narch 15, 2005 a APPOINTIVE VOTE OCCURReD WHO MUST FILE FORM 88 This form is for use by any person selVing at the county. city, or other local level of government on an appointed or elected board. council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conftict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A øerson holding elective or appointive county, municipal, or other focal pubfic office MUST ABSTAIN from voting on a measure which -JDures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- Jre which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the irent organization or subsidiary of a corporate principal by which he or she is r~tained); to the special private gain or loss of a relative; or to the special private gain or loss _of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and offICers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the office(s father, mother, son, daughter, husband, wife, brother. sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or cofporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). . . . ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict I PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. . . .. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. ,- YOU tNTEND TO MAKE ANY AITEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE ~EN: . You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting. who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 112000 PAGE 1 ~ 'i.-tt APPOINTED OFFICERS (continued) · A copy of the fom1 must be providèd immediately to the other members of the agency. The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You must disclose orally the nature of your conflict in the measure before participating. · You must c;omplete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting. who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. -., ! ì J DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Jeffrey Perlman . hereby disclose that on March 15. . 20 OL-: (a) A measure came or will come before my agency which (check one) ~ inured to my special private gain or loss; inured to the special gain or loss of my business associate. inured to the special gain or loss of my relative. inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: .by . which -.... My wife Diane Colonna, is the Executive Director of the Community Redevelopment Agency (CRA). 3/15/05 Date Rled NOTICE: UNOER PROViSIONS OF FLORIDA STATUTES §112.311. A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOllOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REOUCTION iN SALARY. REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 1J2000 PAGE 2