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04-19-05 Minutes APRIL 19.2005 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, April 19, 2005. 1. Roll call showed: Present - Commissioner Rita Ellis Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Ab sent - Commissioner Patricia Archer Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk 2. Reverend Nancy Norman with Unity Church of Delray Beach recognized Boy Scout Troop #301 and delivered the opening prayer. 3. The Pledge of Allegiance to the flag of the United States of America was given by Boy Scout Troop #301 from Delray Beach. 4. AGENDA APPRO V AL: Mr. Levinson moved to approve the Agenda, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. 5. APPRO V AL OF MINUTES: Mrs. Ellis moved to approve the Minutes of the Organizational Meeting of March 31, 2005, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote. Mr. Levinson moved to approve the Minutes of the Regular Meeting of AprilS, 2005, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote. Ms. McCarthy moved to approve the Minutes of the Special Meeting of April 12, 2005, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mc. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Levinson - 04/19/05 Yes. Said motion passed with a 4 to 0 vote. 6. PROCLAMA TIONS: 6.A. Rec02nizin2 U riel N eto. Assistant State Attorney Mayor Perlman read and presented a proclamation to Uriel Neto, Assistant State Attorney. Mr. Neto came forward to accept the proclamation and thanked the City of Del ray Beach. 6.B. Nurse's Day. May 6. 2005 Mayor Perlman read a proclamation hereby proclaiming May 6, 2005 as Nurse's Day. 6.C. Civility Month - May 2005 Mayor Perlman read and presented a proclamation hereby proclaiming May 2005 as Civility Month in Delray Beach. Susan Ruby, City Attorney, accepted the proclamation. 7. PRESENTATIONS: 7.A. "Sootli2ht on Education" - Frank Little. Director Delray Vocational Charter School Dr. Frank Little, Director of Delray Vocational Charter School, briefly explained stated there are twenty-five (25) at risk students (i.e. 98% are dropouts, withdraws, or expelled) and 50% of the students come from targeted areas in Delray Beach. Over the past two years the school has been very successful and 80% of the students are employed; 86% of the students are arrest-free; and 33% of the students have gone on to attain their GED. Dr. Little stated presently they are leasing some space from South Tech and yesterday agreed to purchase 75 square feet of space located at 601 S. Congress Avenue (Congress Commercial Center). He stated next year the number of students will increase from twenty-five (25) to over a hundred (100) students. Dr. Little stated they have developed a research based academic curriculum that will address the needs of the GED Program and provide each student with an individual education plan. He stated the second tier is life skills and noted the C.E.R.T. (Citizen Emergency Response Team) and the Eye Opener Academy will continue. He stated they have a part- time teacher who teaches the students how to create a resume and how to interview for jobs and the third tier is basic automotive skills. Dr. Little thanked the City of Delray Beach for being an outstanding partner in their education mission and is hopeful that they will develop some productive citizens. Dr. Little presented the City of Delray Beach with a Certificate of Appreciation for their continued support. - 2 - 04/19/05 At this point, Mayor Perlman recognized Officer Punn and Officer Glass for their vision and urged everyone to visit the school to see how they work with the students, the academics, the vocational, the personal life and the dedication of the staff. He stated he is very proud of everyone and urged everyone to visit the school and get involved. Dr. Little stated when they move to the new facility they will have an open house. 7.B. City of Delray Beach Residents' Academy Certificates - Janet Meeks Janet Meeks, Education Coordinator, stated she is proud to announce that this is the 8th graduating class and thanked the Department Heads for the hard work with their presentations. Mayor Perlman assisted Mrs. Meeks with distributing the plaques. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. FINAL SUBDIVISION PLAT APPROV AL/HERITAGE CLUB REPLA T: Approve the subdivision plat for Heritage Club Replat, a 57 lot, fee-simple, townhouse development, located on the south side of S.E. 10th Street, approximately 330' west of southbound Federal Highway. 8.B. FINAL SUBDIVISION PLAT APPROVAL/TROPIC ISLES TOWNHOMES PLAT: Approve the subdivision plat for Tropic Isles Townhomes, an 8 lot, fee-simple, townhouse development, located on the northwest corner of Frederick Boulevard and Avenue H. 8.C. FINAL SUBDIVISION PLAT APPROV AL/FIFTH AVENUE ESTATES PLAT: Approve the minor, two (2) lot subdivision plat for Fifth Avenue Estates Plat, located on the west side of N.W. 5th Avenue, 223 feet south of N.W. 1ih Street. 8.D. ACCEPTANCE OF EASEMENT/FLORIDA POWER & LIGHT COMPANY: Approve and accept a utility easement within the Florida Power & Light property to be used for the construction and maintenance of the Area One Reclaimed Water Transmission Main, located south of Lake Ida Road, immediately west of the CSX railroad. 8.E. INTERLOCAL AGREEMENT/PALM BEACH COUNTY/SWINTON AVENUE IMPROVEMENTS: Approve an Interlocal Agreement with Palm Beach County for reimbursement funding in an amount not to exceed $45,000.00 for the Swinton Avenue Street Improvements Project. 8.F. AGREEMENT/NEW URBAN COMMUNITIES: Approve an agreement with New Urban Communities (developer of the Atlantic Grove Project) which provides that the City will pay the developer 50% of the cost, up to $10,000.00, for asphalt overlay work performed on N.W. 4th Avenue between Atlantic Avenue and N.W. 18t Street. Funding is available from 334-3162-541-61.17 (General Construction Fund/Street Reconstruction). - 3 - 04/19/05 8.G. LOCAL AGENCY PROGRAM AGREEMENT (LAP)/FLORIDA DEPARTMENT OF TRANSPORATION (FDOT): Approve a Local Agency Program Agreement with the Florida Department of Transportation (FDOT) for fundin~ in the amount of $500,000.00 for construction costs for the West Atlantic Avenue (lOt Avenue to 6th Avenue) Beautification Project. 8.H. SPECIAL EVENT REQUEST/ART & JAZZ ON THE A VENUE: Approve and endorse the Art & Jazz on the Avenue scheduled for June 30, 2005 from 6:00 p.m. to 10:00 p.m., granting a temporary use permit per LDR Section 2.4.6(H) for the closure of Atlantic A venue from Swinton to N.E. 7th A venue, the south side of Atlantic Avenue (one lane) from N.E. ih Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic Avenue to N.E. 1st Street, N.E. 2nd Avenue from Atlantic Avenue to N.E. 1st Street (street closure will be from 3:00 p.m. to approximately midnight), and authorize staff support for security and traffic control, banner hanging and removal, barricade set-up/removal, trash removal and clean up assistance. 8.1. TRANSPORTATION ENHANCEMENT APPLICATION: Authorize staff to submit applications for the Year 2005 Transportation Enhancement Application Cycle for FY 2010-2011 funding. 8.J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period April 4, 2005 through April 15, 2005. 8.K. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Jani King Commercial Cleaning Services in the annual amount of $36,600.00 for janitorial services for the Delray Beach Golf Course. Funding is available from 445-4711-572- 34.90 (Delray Beach Municipal Golf Course Fund/Other Contractual Services). 2. Contract award to Randolph & Dewdney Construction in the amount of $435,185.00 for the construction of the Fire Apparatus Maintenance Building. Funding is available from 334-6111-519- 62.10 (General Construction Fund/Buildings). 8.L. COMMUNITY OLYMPIC DEVELOPMENT PROGRAM/TENNIS CENTER: Approve a Community Olympic Development Program at the Tennis Center to provide a Youth Tennis Program. Mr. Levinson moved to approve the Consent Agenda, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. - 4 - 04/19/05 9. REGULAR AGENDA: 9.A. RESOLUTION NO. 23-05: Consider approval of Resolution No. 23-05 approving an Interlocal Agreement between Palm Beach County and the City providing for the annexation of seven (7) enclaves containing forty-nine (49) parcels plus the respective rights-of-way for Jefferson Road, Lincoln Road, and Whatley Road within Country Club Acres, located on the east side of Military Trail, 160 feet south of Atlantic Avenue. The caption of Resolution No. 23-05 is as follows: A RESOLUTION OF THE CITY OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY PROVIDING FOR THE ANNEXATION OF ENCLAVES PURSUANT TO SECTION 171.046, FLORIDA STATUTES. (The official copy of Resolution No. 23-05 is on file in the City Clerk's office. ) Paul Dorling, Director of Planning and Zoning, stated this is a request for an approval for an Interlocal Agreement between Palm Beach County and the City of Delray Beach and encompasses 9.02 acres of land and includes 7 separate enclaves. It also includes the rights-of-way for Lincoln, Jefferson, and Whatley Road. The balance of the Country Club Acres subdivision is being simultaneously annexed by either voluntary annexation or annexation agreements contained III executed water agreements. Infrastructure upgrades are proposed upon the annexation which is approved in the Capital Improvement Plan (CIP) and are a cost sharing between the County and the City and the numbers are subject to the Interlocal Agreement approved by City Commission on June 15,2004. The Future Land Use amendment and rezoning of the subject property to City designations will follow annexation and be included in the upcoming Comprehensive Plan Amendment to be adopted in September 2005. The County Commission will consider this Interlocal Agreement at their Commission meeting of May 3,2005. At its meeting of March 21,2005, the Planning and Zoning Board held a public hearing in conjunction with this request. There was public testimony from one of the residents (property owner) and her main concern was the approximate date in which improvements will be concluded. After discussing the proposal, the Board voted 5-0 to recommend that the request be approved and that the parcels to be annexed continue to be subject to Palm Beach County Land Use and Zoning designations until the City adopts a comprehensive plan amendment and related zonings. - 5 - 04/19/05 Mrs. Ellis moved to approve Resolution No. 23-05, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. 9.B. AMENDED INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY: Consider approval of an Amended Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) for engineering, landscape design, and construction administration services to improve the coordination of projects identified in the Downtown Master Plan, CRA Plan, and Southwest Neighborhood Plan. Mayor Perlman declared a conflict of interest and passed the gavel to Vice Mayor Levinson. Richard Hasko, Director of Environmental Services, stated this is an amendment to an existing agreement the City has with the CRA helping the CRA administer some of their projects involved with the Master Plan. Ms. McCarthy moved to approve an amended Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) for services relating to work performed within the CRA redevelopment area, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes. Said motion passed with a 3 to 0 vote. 9.C. R.A.C.E. RELATIONS INITIA TIVES/RECOMMENDA TIONS: Consider approval of the Preliminary Execution of Recommendation Phase proposed for the implementation of specific actions under the RAC.E. initiative and authorize the proposed budget allocation in the amount of $90,000.00 for fiscal year 2005/06. Lula Butler, Director of Community Improvement, stated this item is in response to the City Commission's directive to staff to go back and review the recommendations that were presented at the February 15, 2005 City Commission meeting from Mr. Sam Mathis and staff has concluded that all the recommendations should be implemented in Phases. Mr. Levinson moved to approve the Preliminary Execution of Recommendation Phase proposed for the implementation of specific actions under the RAC.E. initiative and authorize the proposed budget allocation in the amount of $90,000 for fiscal year 2005/06, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote. - 6 - 04/19/05 9.D. INTERLOCAL AGREEMENT/PALM BEACH COUNTY/THOROUGH FARE PLAN: Consider approval of an Interlocal Agreement with Palm Beach County to provide 120 days notice if the County or any municipality desires to reduce the capacity on the roadway from the County's Thoroughfare Plan. The City Manager stated the League of Cities has worked on this for quite some time and explained that this is a process of notification if the City would like to change a road and provide 120 days notice. He stated the Metropolitan Planning Organization (MPO) will either do an analysis or look at analyses that have been done and determine the traffic impact and the parties involved can try to resolve any issues. If not, the jurisdiction in which the road lies can still move forward with that agreement but it is a process that allows everyone to know what is happening and to attempt to resolve any conflicts in advance. Staff recommends approval of the agreement. Mrs. Ellis asked if the roads listed in the agenda backup will be the only roads that are involved in the agreement. The City Manager stated one of the advantages that the League of Cities is doing is they are suggesting that most of the cities in the County adopt this because if you are a party to the agreement that entitles you to notice. For example, the City Manager stated if the roads were being changed in Boynton Beach or Boca which impacted the City of Delray Beach, we would receive notice about it as a signatory to the agreement. Ms. McCarthy moved to approve the Interlocal Agreement with Palm Beach County to provide 120 days notice if the County or any municipality desires to reduce the capacity on the roadway from the County's Thoroughfare Plan, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. 9.E. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1) alternate member to the Board of Adjustment for an unexpired term ending August 31, 2005. Based upon the rotation system, the appointment will be made by Commissioner Levinson (Seat #3). Mr. Levinson moved to appoint Bryce Newell as an alternate member to the Board of Adjustment for an unexpired term ending August 31,2005, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 9.F. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one (1) At Large Representative to the Neighborhood Advisory Council for an unexpired term ending October 31,2005. Based upon the rotation system, the appointment will be made by Mayor Perlman (Seat #5). Mayor Perlman stated he wished to appoint Patricia Westall as an At Large Representative to the Neighborhood Advisory Council for and unexpired term - 7 - 04/19/05 ending October 31, 2005. Mr. Levinson so moved, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman- Yes. Said motion passed with a 4 to 0 vote. 9.G. APPOINTMENTS TO THE EDUCATION BOARD: Appoint two (2) regular members to the Education Board for unexpired terms ending July 31, 2005 and July 31, 2006. Based upon the rotation system, the appointments will be made by Commissioner Levinson (Seat #3) and Commissioner McCarthy (Seat #4). Mr. Levinson moved to appoint Joseph Finley as a regular member to the Education Board for an unexpired term ending July 31, 2005, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. Ms. McCarthy stated she would like to defer her appointment to the next regular meeting of May 3,2005. At this point, the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 26-05: An ordinance designating The Hartman House, located at 302 N.E. ih Avenue, to the Local Register of Historic Places. If passed, a public hearing will be scheduled for May 3, 2005. The caption of Ordinance No. 26-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE HARTMAN HOUSE, LOCATED AT 302 NE 7TH A VENUE, AS MORE PARTICULARL Y DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, mLY, 2004"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 26-05 is on file in the City Clerk's office. ) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated this is a 2-story Frame Vernacular House built in 1923 during the Florida Land Boom years of the 1920's. The first occupant, Mr. Gustav R Hartman, was the Assistant Postmaster of the City of Del ray Beach. The structure is outside the boundaries of the five existing historic districts and would make a good addition to the 28 individually listed properties on the - 8 - 04/19/05 Local Register of Historic Places. To qualify as a historic site, the property must fulfill one or more of the criteria set forth in the LDR's. At its meeting of March 16,2005, the Historic Preservation Board (HPB) set a public hearing date of April 6, 2005, to discuss the proposed designation and provide a recommendation to the City Commission for the individual historic property listing. On April 6, 2005, the HPB voted unanimously (4-0) to forward a recommendation of approval to the City Commission. Ms. McCarthy moved to approve Ordinance No. 26-05 on FIRST Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission moved to Item ll.B., Comments and Inquiries on Non-Agenda Items from the Public. ll.B. From the Public. ll.B.1. Benjamin AU2ustyn. 718 S. Lake Avenue. Delray Beach. requested a lighting upgrade for his neighborhood and submitted a petition of signatures supporting the upgrade. ll.B.2. Patrick Glover. 305 S.W. 7th Avenue. Delray Beach. stated he took photographs of the Pompey Park Pool and observed two lifeguards on duty reading and tanning; however, the pool was empty. On April 16, 2005, he stated he questioned one of the lifeguards on duty regarding the cost of the pool and was informed that none of the children were allowed to enter the pool unless they paid a $1. 00 entry fee. Mr. Glover stated at the City Commission meeting of AprilS, 2005 it was confirmed that the pool was free; however, the sign still reads on the window that age five and under are free and age five and above is $1.00 plus tax. He reiterated children are on a quest to Aqua Crest Pool and are doing things other than swimming. Mr. Glover stated swimming lessons are vital to the youth particularly because we live in Florida. He distributed photographs to the Commission of the Pompey Park Pool and requested that the prices be removed from the window at the entrance of the pool because the pool is free. The City Manager stated any person under the age of 18 can obtain a recreation card for $5.00 a year and can get into the pool free once this card is purchased. He stated he will let Mr. Glover know where a recreation card can be obtained. Mr. Glover stated it would be extremely convenient if these recreation cards are made available at Pompey Park and suggested that the sign read "The Pool is Free upon Completing a Recreation Card Application with a Parent." At this point, the Commission moved to Item ll.A., Comments and Inquiries on Non-Agenda Items from the City Manager. - 9 - 04/19/05 II.A. City Mana2er's response to prior public comments and inauiries. With regard to prior concerns expressed by residents regarding the condition of the gym floor at Pompey Park, the City Manager stated last week the City awarded a contract to replace the gym floor with a new wood floor. In addition, he stated the City has added an incentive to the contract whereas if the contractor completes the floor early he will receive an additional incentive payment. The City Manager stated the City has a shortage of gym space and there are many competing events especially for the Community Center. He stated when one of the City's gyms is not available this does impact the Youth Sports Program. He stated in the past the City has used the gyms at Carver and at the Delray Full Service Center; however, for various reasons, those facilities have not been available this year. The City Manager stated staff will work on obtaining an alternative location, try to disrupt the practice and game schedule as little as possible, and will be sure that the youth have a gym to use. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. B.A. City Mana2er The City Manager stated the League of Cities Board of Directors would like to appoint Commissioner Levinson as the alternate seat on the Treasure Coast Regional Planning Council. He stated if anyone is interested there is an opening for an alternate member on the Impact Fee Review Committee. The City Manager stated the Annual Palm Beach County League of Cities Gala Dinner and Installation has been moved from Saturday, May 14, 2005 to Saturday, May 21,2005. Lastly, the City Manager stated the City received the Actuarial Report for the Police and Fire Pension Plan and the Actuary has revised his report which will result in a total impact of approximately $1.1 million. 13.B. City Attorney The City Attorney stated this pertains to budgeting for certain dispatch services and the City of Del ray Beach has joined in with Boca in this pursuit of obtaining some equity out of possible double taxation issues and as part of this process before filing suit, the City of Delray Beach is required to have a dispute resolution conference which staff had at the Palm Beach County Governmental Center. She stated the next step required under Florida Statute is to have a joint meeting of the City of Boca Raton City Commission, City of Delray Beach City Commission, and the Palm Beach County Commission. The City Attorney stated this joint meeting is in the process of being scheduled and after this joint meeting the next step is to hold a mandatory mediation. - 10 - 04/19/05 Secondly, the City Attorney stated she had a conversation with Lisa King today regarding the Florida Communities Trust Grants Bill. Ms. King reported that she did contact Senator Dudley's office and they were unable to find a Bill that they could tack it on to. Therefore, the City Attorney stated it is very unlikely that this Bill will pass. 13.C. City Commission 13.C.1. Mrs. Ellis Mrs. Ellis had no comments or inquires on non-agenda items. 13.C.2. Mr. Levinson Mr. Levinson stated he is a little taken back from Mr. Glover's comments because the day after Mr. Glover was before the Commission (April 6th) there was a large article in the Delray Times that had a front page picture of several children taking swimming lessons at the Pompey Park Pool. Mr. Levinson stated he is distressed that after the Commission discussed this at the City Commission meeting of AprilS, 2005, the sign has still not been removed and he feels the City needs to be very particular in the way in which we advertise our City services. In addition, Mr. Levinson stated he thought it was made clear when the City purchased the Rec- Trac software that one of the purposes of having it at each of the locations was so that a Rec- Trac card could be provided at each location. The City Manager stated he believes this card can be provided at each of these locations. Mr. Levinson agreed with the City Manager and asked that staff confirm this. The City Manager stated he believes the sign is accurate; however, concurs the sign should also address the recreation card option. Secondly, he stated the Old School Square event on Saturday night was terrific. He commented about the United States Tennis Association (USTA) negotiations and stated this is timely because they will be here in Delray. Mr. Levinson stated in the Sunday Sun-Sentinel News "What's Going on in Delray" it stated the Commission did not meet last week. He stated the City Commission met in a Goal Setting session from 8:00 a.m. - 6:00 p.m. and from 6:00 p.m. - 8:00 p.m. the City Commission met in a Workshop meeting. He stated he feels the newspaper was inaccurate in talking about the City of Delray Beach necessarily only being interested in getting FED Cup and Davis Cup forever here because there is a lot more to a relationship with the USTA than just that. Mr. Levinson stated he would like to see the City of Delray Beach establish some kind of relationship with the USTA and asked if this could be discussed at the end of the meeting tonight. - 11 - 04/19/05 13.C.3. Ms. McCarthy Ms. McCarthy had no comments or inquiries on non-agenda items. 13.CA. Mayor Perlman Mayor Perlman stated he attended the 4th Annual Fair Housing Luncheon at the Delray Beach Municipal Golf Course and it was hosted by Curt Fonger from News Channel 12. He stated the Old School Square event was well done and well attended. He stated Frances Bourque would like to be involved in the Cultural Plan that was discussed at the Goal Setting session. Mayor Perlman stated she is clearly a visionary and would like to issue a challenge to the up and coming generation through this process to become involved in the community and take the reigns on some of the community projects. He stated he attended the World Trade Center Luncheon at the Broward Convention Center last week and sat with Glenda Hood, Secretary of State. He stated she is a very big fan of Delray particularly Delray's Youth and Historic Preservation for economic development. He stated having been former Mayor of Orlando she understands municipal issues and uses Delray Beach across the State as an example of how to jump-start revitalization around historic preservation. In addition, Mayor Perlman stated other people at the table were Consul Generals from Malaysia, Jamaica, Trinidad, Tabago and Canada. The incoming President from Sister Cities International in Fort Lauderdale would like to get together with Delray's Sister Cities group because he feels Delray Beach has many good things in place with the youth (i.e. exchange programs). Mayor Perlman stated he attended the USTA Event last week and had the opportunity to give trophies to the 12 and under girls and noted a local West Palm Beach girl won the championship. He stated over 300 tennis players from all over the country were there in addition to their parents, coaches, and siblings. He stated this had a great economic impact for the City of Delray Beach and we will receive some national exposure from this event. Mayor Perlman stated the USTA is holding a press conference on April 20, 2005 at 3:00 p.m. with the Williams' sisters, Zina Garrison (coach), Corina Morariu, and Lindsay Davenport who will be donating a practice wall to Pine Grove Elementary School. He stated approximately 150 honor roll students will have the opportunity to hit the tennis ball with Venus and Serena Williams. He stated that the FCT grants are critical. Mr. Levinson stated this needs to be communicated immediately to the City's lobbyists. Mayor Perlman stated he has not had an opportunity to get to Tallahassee; however, he will try to get there next week for one day. - 12 - 04/19/05 At this point, the time being 7:00 p.m., the Commission considered the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 15-05: Voluntary annexation via the provisions of the executed Water Service Agreements for thirty-one (31) parcels of land within Country Club Acres, located on the east side of Military Trail, south of West Atlantic Avenue. 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. 15-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRA Y BEACH PARCELS OF LAND LOCATED IN COUNTRY CLUB ACRES SUBDIVISION, AS MORE PARTICULARL Y DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIP AL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING A GENERAL REPEALER CLAUSE, A SA VING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 15-05 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. Paul Dorling, Director of Planning and Zoning, stated this involves 6.26 acres of land and encompasses thirty-one (31) parcels. Sixteen (16) parcels are located along the north and south side of Jefferson Road. Twelve (12) parcels are located on the east and west side of Whatley Road and three (3) parcels are located on the east side of Lincoln Road. These thirty-one (31) parcels have signed water service agreements with the City of Del ray Beach and are part of an overall annexation of the entire subdivision. The balance of the Country Club Acres subdivision including the internal streets is being simultaneously annexed by either voluntary annexation agreements or by an agreement with Palm Beach County. At its meeting of March 21,2005, the Planning and Zoning Board held a public hearing in conjunction with this request. There was public testimony from one of - 13 - 04/19/05 the residents (property owner) and her main concern was the approximate date in which improvements will be concluded. Mayor Perlman declared the public hearing open. Jackie Allen, 4929 Lincoln Road, Delray Beach, stated property owners on Lincoln Road are concerned over the traffic cutting through on their street. She suggested that a concrete fence (i.e. Shadywoods I and Shadywoods II) or a ficus hedge (i.e. Lakeside Townhouses or Country Club Acres) be placed along Military Trail with a sign at the entrance of Military Trail and Jefferson Road. Ms. Allen briefly spoke in opposition of any consideration of making Lincoln Road a one-way street. There being no one else who wished to address the Commission regarding Ordinance No. 15-05, the public hearing was closed. Prior to the vote, Mayor Perlman asked if staff will talk to the public once the property is annexed. Mr. Dorling stated the City held two public hearings earlier this year that talked about the improvements that were approved by the Capital Improvement Plan (CIP) but also some additional improvements that the community wanted. Mr. Dorling stated the streets will be public streets and staff has no intention of supporting one-way streets. Mr. Ellis moved to adopt Ordinance No. 15-05 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote. 10.B. ORDINANCE NO. 14-05: Voluntary annexation of fifteen (15) parcels of land within Country Club Acres, located on the east side of Military Trail, south of West Atlantic A venue. 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. 14-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRA Y BEACH, PARCELS OF LAND LOCATED IN COUNTRY CLUB ACRES SUBDIVISION, AS MORE PARTICULARL Y DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIP AL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING A - 14 - 04/19/05 GENERAL REPEALER CLAUSE, A SA VING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 14-05 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. Paul Dorling, Director of Planning and Zoning, stated the subject property consists of 2.88 acres of land and involves fifteen (15) parcels. The fifteen (15) individual lots contain twelve (12) single family residential homes, and (3) are vacant parcels. These fifteen (15) parcels have signed voluntary annexation agreements with the City of Del ray Beach and are part of an overall annexation of the entire subdivision. At its meeting of March 21,2005, the Planning and Zoning Board held a public hearing in conjunction with this request. There was public testimony from one of the residents (property owner) and her main concern was the approximate date in which improvements will be concluded. After reviewing and discussing the proposal, the Board voted 5-0 to recommend that the request be approved. Mayor Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 14-05, the public hearing was closed. Ms. McCarthy moved to adopt Ordinance No. 14-05 on Second and FINAL Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. 10.C. ORDINANCE NO. 22-05 (SECOND READING/SECOND PUBLIC HEARING): City initiated amendment to Land Development Regulations (LDR) 4.3.3(V)(2) "Uses Involving Alcoholic Beverages", by establishing subsection 4.3.3(V)(2)(c) to provide a method of determining eligibility for a Stand Alone Bar. 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. 22-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 4.3.3(V), "USES INVOLVING ALCOHOLIC BEVERAGES", BY - 15 - 04/19/05 AMENDING SUBSECTION 4.3.3(V)(2), "PROHIBITIONS BY FREQUENCY" BY ESTABLISHING SUBSECTION 4.3.3(V)(2)(c) TO PROVIDE A METHOD OF DETERMINING ELIGIBILITY FOR A STAND ALONE BAR USE IN CERTAIN CIRCUMST ANCES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 22-05 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. Paul Dorling, Director of Planning and Zoning, stated the current LDR's require that "Not more than one stand alone bar shall be located within anyone block nor within seven hundred and fifty (750) feet of another stand alone bar measured from lot line to lot line in a straight line." The ordinance includes submission requirements and a time frame of sixty (60) days to establish the use once the applicant is notified that the use may be established. The ordinance also includes a method to allow stand alone bar uses when more than one person or entity desires to establish a stand alone bar and only one can be accommodated under current restrictions and distance limitations. At its meeting of March 21,2005, the Planning and Zoning Board held a public hearing regarding the proposed text amendment. There was no public testimony regarding the proposal. After discussing the amendment, the Board voted 5-0 (Joseph Pike and Charles Walker absent) to recommend approval of the proposed amendment. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 22-05, the public hearing was closed. Mr. Levinson moved to adopt Ordinance No. 22-05 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 10.D. ORDINANCE NO. 23-05: Privately initiated amendment to Land Development Regulations (LDR) Section 4.4.11, "Neighborhood Commercial (NC)", increasing the floor area limitation for banks and financial institutions. 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. 23-05 is as follows: - 16 - 04/19/05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.11, "NEIGHBORHOOD COMMERCIAL (NC) DISTRICT", SUBSECTION 4.4.11(H), " SPECIAL REGULATIONS", BY PROVIDING THAT BANKS OR SIMILAR FINANCIAL INSTITUTIONS MAY HAVE A MAXIMUM AREA OF 6,000 SQ. FT.; PROVIDING A SA VING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 23-05 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. Paul Dorling, Director of Planning and Zoning, stated this amendment to the NC zone district regulations has been requested to allow banks and financial institutions up to a maximum of 6,000 square feet of floor area, where a maximum of only 2,000 square feet is currently permitted. Washington Mutual Bank is currently located at the northeast corner of Atlantic A venue and Military Trail; however, the bank must relocate by October 31, 2005 and has not been able to secure a location in the immediate area. The Bank and the owners of Fountains Center are negotiating for the bank to occupy approximately 5,700 square feet of the plaza. The Bank has indicated that a drive-through facility will not be provided at the proposed location. At its meeting of March 21,2005, the Planning and Zoning Board held a public hearing regarding the proposed text amendment. There was no public testimony regarding the proposal. After discussing the amendment, the Board voted 5-0 (Joseph Pike and Charles Walker absent) to recommend approval of the proposed amendment. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 23-05, the public hearing was closed. Ms. McCarthy moved to adopt Ordinance No. 23-05 on Second and FINAL Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. - 17 - 04/19/05 10.E. ORDINANCE NO. 25-05 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendment to Land Development Regulations Section 2.4.4(E), "Expiration of Approvals", to specify that extensions of time granted pursuant to Section 2.4.4(F)( 4) shall not be deemed a previous extension. If passed, a second public hearing will be scheduled for May 3, 2005. Prior to consideration of passage of this ordinance on First Reading/First Public Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 25-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF 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", AND ORDINANCE NO. 11-05 TO PROVIDE THAT EXTENSIONS OF TIME GRANTED PURSUANT TO SECTION 2.4.4(F)( 4) SHALL NOT BE DEEMED TO BE A PREVIOUS EXTENSION PURSUANT TO SECTION 2.4.4(E)(2), PROVIDING FOR APPLICABILITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 25-05 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. Paul Dorling, Director of Planning and Zoning, stated at its meeting of March 15, 2005, the City Commission approved an amendment to the LDR's to lengthen the time frame to establish a project from eighteen (18) months to twenty-four (24) months. The purpose of the proposed amendment is to clarify that an extension under Section 2.4.4(F)( 4), which relates to litigation preventing construction, is not to be considered an extension under 2.4.4(E)(2). Thus, once litigation has concluded, the time frame to establish a project shall be twenty-four (24) months; unless the litigation is not resolved with seven (7) years from the initial date of approval, then the extension procedures ofLDR Section 2.4.4(F)(1), (2), and (3) would apply. At its meeting of April 18, 2005, the Planning and Zoning Board considered the proposed text amendment and recommended approval. - 18 - 04/19/05 Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 25-05, the public hearing was closed. Ms. McCarthy commended Mr. Dorling and the Planning and Zoning staff for taking a proactive stance on this after evaluating and seeing what the trend was. Mayor Perlman complimented Mr. Dorling on a good job. Ms. McCarthy moved to approve Ordinance No. 25-05 on First Reading/First Public Hearing, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote. 10.F. ORDINANCE NO. 20-05: City initiated amendment to Land Development Regulations (LDR) Section 4.4.6, "Medium Density Residential (RM) District", modifying the development standards in conjunction with the implementation of the Southwest Area Neighborhood Redevelopment Plan. 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. 20-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SUBSECTION 4.4.6(F), "DEVELOPMENT STANDARDS"; AND SUBSECTION 4.4.6(G), "SUPPLEMENT AL DISTRICT REGULATIONS," IN ORDER TO CLARIFY THAT CERTAIN PROVISIONS OF THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT ONLY APPLY TO DUPLEX AND MULTI- F AMIL Y DEVELOPMENT THAT CONT AINS A COMPONENT OF WORKFORCE HOUSING AS PROVIDED BY ARTICLE 4.7; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 20-05 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. - 19 - 04/19/05 Paul Dorling, Director of Planning and Zoning, stated on February 15, 2005, the City Commission adopted amendments to the LDR's to modify the RM (Medium Density Residential) zoning district regulations to implement the density provisions in the Workforce Housing ordinance. This amendment included modifications to certain development standards so that 24 units per acre could be accommodated within the Southwest Neighborhood Overlay District. Although the intent of these modifications was to allow for increased density in developments providing Workforce Housing, the specific language of the amendment failed to make this distinction. Therefore, the new standards apply to all development within the Overlay District. The amendment is being proposed to correct this error by limiting the setback reductions/changes to developments providing workforce housing. At its meeting of March 21,2005, the Planning and Zoning Board held a public hearing regarding this item and there was no public input on the amendment. The Board voted 5-0 (Joseph Pike and Charles Walker absent), to recommend approval of the amendment. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 20-05, the public hearing was closed. Mrs. Ellis moved to adopt Ordinance No. 20-05 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote. 10.G. ORDINANCE NO. 13-05: City initiated corrective Future Land Use Map Amendment (FLUM) from CF (Community Facilities) and LD (Low Density Residential 0-5 dwelling units per acre) in part, to LD (Low Density Residential 0-5 dwelling units per acre) and rezoning from CF (Community Facilities) to R-1-AA (Single Family Residential) for properties generally located on the west side of S.E. ih Avenue, approximately 145 feet south of S.E. 2nd Street. 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. 13-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION IN THE COMPREHENSIVE PLAN FROM CF (COMMUNITY FACILITIES) IN PART AND LD (LOW DENSITY RESIDENTIAL 0-5 DU/ AC) IN PART TO LD (LOW DENSITY - 20- 04/19/05 RESIDENTIAL 0-5 DU/ AC), AND REZONING AND PLACING LAND PRESENTL Y ZONED CF (COMMUNITY FACILITIES) DISTRICT TO R-1-AA (SINGLE FAMILY RESIDENTIAL) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE WEST SIDE OF SE 7TH AVENUE, APPROXIMATELY 145 FEET SOUTH OF SE 2ND STREET, AS MORE P ARTICULARL Y DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AMENDING "ZONING MAP OF DELRA Y BEACH, FLORIDA, JULY 2004; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 13-05 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. Commission Levinson stepped away from the dais. Paul Dorling, Director of Planning and Zoning, stated the proposed FLUM amendment and rezoning involves three properties totaling 0.42 acres within the Marina Historic District. The existing FLUM designation of CF (Community Facilities) and zoning of CF are inappropriate for the property given the existing use of the properties. The FLUM amendment and rezoning will correct a mapping error and result in FLUM and zoning consistency for the properties. No new development or redevelopment is proposed as part of this request. At its meeting of March 21,2005, the Planning and Zoning Board held a public hearing in conjunction with the request. There was no public testimony regarding the proposal. After discussing the proposal, the Board voted 5-0 (Joseph Pike and Charles Walker absent) to recommend approval of the corrective Future Land Use Map amendment and rezoning. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 13-05, the public hearing was closed. Mrs. Ellis moved to adopt Ordinance No. 13-05 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 3 to 0 vote. - 21 - 04/19/05 10.H. ORDINANCE NO. 24-05: City initiated amendment to Land Development Regulations (LDR) Section 4.5.1(C)(5), "Designation Procedures" , concerning the freeze period on the issuance of permits during the Historic District designation process. 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. 24-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.5.1, "HISTORIC PRESERVATION SITES AND DISTRICTS", SUBSECTION 4.5.1(C), "DESIGNATION PROCEDURES", BY REMOVING THE RESTRICTION ON ISSUING BUILDING PERMITS DURING THE DESIGNATION PROCESS; PROVIDING A SA VING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 24-05 is on file in the City Clerk's office. ) Commissioner Levinson returned to the dais. 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 currently the LDR's require a delay in the issuance of building permits when you are considering a historic district and there was some concern raised during the Swinton Avenue and Dell-Park Historic District process. The proposed amendment to the LDR's is to eliminate the freeze period on the issuance of permits once a public hearing date for a historic designation is established. The intent of the provision is to prevent or defer the immediate demolition or significant alteration of historically contributing structures during the designation process. The provision does not allow the issuance of permits for proposals that are in the permit review process or for proposals where the preparation of plans is nearing completion. At its meeting of March 21,2005, the Planning and Zoning Board held a public hearing regarding the proposed text amendment. There was no public testimony regarding the proposal. After discussing the amendment, the Board voted 5-0 (Joseph Pike and Charles Walker absent) to recommend approval of the proposed amendment. - 22- 04/19/05 Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 24-05, the public hearing was closed. Mr. Levinson moved to adopt Ordinance No. 24-05 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Levinson - Yes; Mc. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 10.1. ORDINANCE NO. 21-05: An ordinance amending Chapter 99, "Noise Control", of the City Code of Ordinances to provide an updated noise control ordinance referencing current zoning districts. 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. 21-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 99, "NOISE CONTROL", OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, FLORIDA, TO PROVIDE AN UPDATED NOISE CONTROL ORDINANCE REFERENCING CURRENT ZONING DISTRICTS; PROVIDING A SA VING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 21-05 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. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 21-05, the public hearing was closed. Ms. McCarthy moved to adopt Ordinance No. 21-05 on Second and FINAL Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission reopened the Comments and Inquiries on Non-Agenda Items from the Public. - 23 - 04/19/05 No one from the public came forward to speak: on comments and inquiries .- on non-agenda items. At this point, the Commission moved to discussion regarding the UST A. Mr. Levinson stated he would like to see the City of Delray Beach establish some kind of relationship with the USTA. He stated he would hope staff could talk to them not just about a permanent home for the Davis Cup and the Fed Cup, but he feels having a winter home for them here in terms of staff or other kinds of things as well besides just the Fed Cup and the Davis Cup makes sense. The City Manager stated he had discussions today with Brahm Dubin and Bob Barcinski about where this is going and one of the things discussed was that the Mayor will attend the dinner at the Mar-a-Lago Club and will have the opportunity to speak to the President of the USTA. The City Manager stated the only time slot the City has available is April so the City is exploring the idea of having one or the other or even having both the FED Cup and Davis Cup in April. He stated as the newspaper indicated this is very early preliminary discussions. He stated the UST A likes Delray and feels this is an opportunity for perhaps more than just an event. Mayor Perlman stated the City has several days to network with members of the UST A. Mr. Levinson stated he would like to see the City go beyond an event based relationship and would love to see the UST A open an office in Delray Beach. - There being no further business, Mayor Perlman declared the meeting adjourned at 7:40 p.m. ~'\). ~~~\ City Clerk ATTEST: ~f4. 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 April 19, 2005, which Minutes were formally approved and adopted by the City -- Commission on May 3, 2005 - 24- 04/19/05 ,-- ~ \D. ~~ 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. I r--- ¡ - 25- 04/19/05 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS ST NAME-FIRST NAME-MIDDlE NAME NAME Of BOARD, COUNCIL. COMMISSION, AUTHORITY. OR COMMITTEE Jeffre Delra Beach Cit Commission MAILING ADDRESS THE BOARD, COUNCIl. COMMISSION. AUTHORITY OR COMMITTEE ON 971 Delra Lakes Drive WHCH I SERVE IS A UNIT OF; CITY COUNTY XI CITY [J COUNTY [J OTHER LOCAl. AGENCY NAME OF POLITICAL SUBDMSION: DATE ON WHICH VOTE OCCURRED April 19. 2005 ELECTIVE [J APPOINTIVE 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 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 person holding elective or appointive county, municipal. or other local public office MUST ABSTAIN from voting on a measure which ,ures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- ure 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 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 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 officer'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 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 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 '1'J you or at your direction. F 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 responsible for reconIng the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 1/2000 ~~.~ PAGE 1 APPOINTED OFFICERS (continued) - · A copy of the form must be provided immediately to the other members of the agency. · The form must be read publicly at the next meeting after the fonn 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 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 fonn 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 April 19, , 20 .JlL: (8) A measure came or will come before my agency which (check one) ..JL 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 , by whom I am retained; or _ Inured to the special gain or loss of ,which is the parent organization or subsldialy of a principal which has retained me. - (b) The measunt before my agency and the nature of my conflicting interest in the measure is as follows: My wife Diane Colonna, is the Executive Director of the Community Redevelopment Agency (CRA). .. , - f8 J ) q J O-S Date Flied , 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 FORM 88 - EfF. 112000 PAGE 2 I ,