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05-17-05 Minutes MAY 17.2005 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, May 17, 2005. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Rita Ellis Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Ab sent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk Janet Whipple, Deputy City Clerk At this point, Mayor Perlman stated he would like to observe a moment of silence in memory of Barbara Turner (City Employee) who passed away after a long illness. 2. The opening prayer was delivered by Reverend Mary Beth Wells with St. Paul's Episcopal Church. 3. The Pledge of Allegiance to the flag of the United States of America was gIven. 4. AGENDA APPRO V AL: Mayor Perlman noted the addition of Item 9.Q., Police Executive Research Forum (PERF) Proposal to the Regular Agenda by addendum. Mayor Perlman stated Item 8.A., Resolution No. 30-05/ Abandonment of Easement and Item 9.E., Clear Channel Outdoor ReQuest has been removed from the Agenda due to the applicant's request. In addition, he stated at staff s request Item 12.A., Ordinance No. 38-05 has been removed from the Agenda. Mayor Perlman stated there is also additional information for Item 9.J., Tripartite and Interlocal Fundin2 A2reement/School District of Palm Beach County. Palm Beach County. and City/Re2ardin2 Atlantic Community Hi2h School Campus Conversion. 05/17/05 Mr. Levinson requested that Item 8.1., Special Event ReQuest/2nd Annual All America Duck Derby be removed from the Consent Agenda and moved to the Regular Agenda as Item 9.A.1. Mr. Levinson moved to approve the Agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 5. APPRO V AL OF MINUTES: Mr. Levinson moved to approve the Minutes of the Regular Meeting of May 3, 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; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote. Ms. McCarthy moved to approve the Minutes of the Special Meeting of May 10, 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; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMA TIONS: 6.A. Reco2nizin2 Student Ambassadors: Danielle Birney. Jessica Crowel. Ray Feran. Roumen lordanov. Reynold Urias. Julia Yip. and Lukas Jaworski Mayor Perlman read and presented a proclamation hereby recognizing the following student ambassadors: DANIELLE BIRNEY, JESSICA CROWEL, RAY FERAN, ROUMEN IORDANOV, REYNOLD URIAS, JULIA YIP and LUKAS JAWORSKI. Former Mayor David W. Schmidt came forward to accept the proclamation and on behalf of Sister Cities he thanked the City of Delray Beach for its continued support of the organization. 6.B. Ma2net School of Distinction - Morikami Park Elementarv School Mayor Perlman read and presented a proclamation hereby extending congratulations to MORIKAMI PARK ELEMENTARY SCHOOL for the hard work of their students who demonstrated their ability to understand the philosophy and importance of an international education which can be attributed to the dedication of the Morikami Park Elementary School Community, including the Principal, staff, parents, and business partners. Elizabeth Kennedy, Principal, came forward to accept the proclamation and thanked the City of Del ray Beach for their support. -2- 05/17/05 6.C. Top Montessori School- S.D. Spady Elementary School Mayor Perlman read and presented a proclamation hereby extending our congratulations to S.D. SPADY ELEMENTARY SCHOOL who has demonstrated their ability to understand and implement the philosophy of the Montessori Magnet program that elevated S.D. Spady Elementary school to be named the Top Montessori School in the United States. Martha O'Hare, Principal, came forward to accept the proclamation and thanked the Commission for their support. 6.D. 18th Best Hi2h School in the United States - Atlantic Community Hi2h School Mayor Perlman read and presented a proclamation hereby extending our congratulations to ATLANTIC COMMUNITY HIGH SCHOOL staff, students, parents, and business partners for their dedication and hard work. Kathy Weigel, Principal, came forward to accept the proclamation and thanked the City of Delray Beach for the new high school and for their support. In addition, Vice Mayor Levinson noted that Atlantic High School students are winning awards as well. 6.E. National Safe Boatin2 Week - May 21-27. 2005 Mayor Perlman read and presented a proclamation hereby proclaiming May 21, 2005 through May 27, 2005 as NATIONAL SAFE BOATING WEEK in Delray Beach, Florida. Mr. Kegan and Mr. Barrett with the Coast Guard Auxiliary came forward to accept the proclamation. 6.F. Code Enforcement Officers' Appreciation Week- June 6-10. 2005 Mayor Perlman read and presented a proclamation hereby proclaiming June 6, 2005 through June 10, 2005 as CODE ENFORCEMENT OFFICERS' APPRECIA TION WEEK. Lula Butler, Director of Community Improvement, came forward to accept the proclamation and stated there will be service seven days a week beginning June 1, 2005. 6.G. Office Depot Hazard Fair Day - May 20. 2005 Mayor Perlman read and presented a proclamation hereby recognizing and proclaiming FRIDAY, MAY 20, 2005 as OFFICE DEPOT HAZARD FAIR DAY in recognition of the company's commitment to preparing its employees for natural disasters in our great City of Delray Beach. Commissioner Ellis came forward to accept the proclamation. -3- 05/17/05 6.H. Elder Law Month - May. 2005 Mayor Perlman read and presented a proclamation hereby proclaiming the month of May, 2005 as DELRA Y BEACH ELDER LAW MONTH and urged all citizens to join us in recognizing the importance of the contributions made to our community by our Senior Citizens and the Elder Law Attorneys dedicated to serving their needs. Leigh McMillan came forward to accept the proclamation and thanked the City Commission. 7. PRESENTATIONS: 7.A. "Spotli2ht on Education" - Carole Shetler. South Area Superintendent Carole Shetler, Area Superintendent, congratulated Atlantic High School for the achievement and recognition in Newsweek Magazine and stated it is not only an achievement to offer the International Baccalaureate Program but also to seek more chances for students to take advanced placement. She reinforced the support of the Commission of Montessori/Magnet at Spady Elementary, the primary IB Magnet at Morikami Elementary, and the Middle Years Program as well. Mrs. Shetler stated Village Academy and Plumosa Elementary School were both among the highest schools in the district in terms of reducing the number of children in 3rd grade that are at Levell and increasing the number of children who are at Level 3 (grade level). She stated Plumosa also had one of the highest levels of reduction in Level 1 in mathematics and last year was the top improving school in Florida in mathematics. Orchard View Elementary School is adding another grade level in their Dual Language Program and Morikami Elementary School (lottery system) is the best school in the district in the area of student writing. Mrs. Shetler stated Spady, Atlantic, Village Academy, and Pine Grove have achieved higher in writing this year even with the new higher standard. Mrs. Shetler stated she is very pleased and knows the City of Delray Beach takes a great interest in the facilities of the schools. She stated the new Spady opened over Spring Break and in approximately three years Plumosa will have a new facility. Mrs. Shetler stated she is very proud of the Principals, teachers, students and the community for providing continuing support and thanked the Commission for everything they do. 7.B. A wards Presentation - Historic Preservation Month Poster Contest Warren Adams, Senior Planner stated the City of Delray Beach and the Delray Beach Community Redevelopment Agency (CRA) sponsored an annual poster contest to celebrate historic preservation. This year, Preservation Month is recognized as May 1-31 and the theme is "Restore America: Communities at a Crossroads". Delray Beach students between 4th and 1ih grade were encouraged to design posters which -4- 05/17/05 reflect the theme and to utilize the City's historic built resources for inspiration. Mr. Adams presented the following winners with certificates: 1st Place - Tyler Ranew (American Heritage) 2nd Place - Elizabeth Seminano (American Heritage) 3rd Place - Catherine Dubin (American Heritage) - Not Present 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA PER THE APPLICANT'S REQUEST. 8.B. FINAL BOUNDARY PLAT APPROV AL/WORTHING PLACE BLOCK 69 PLAT: Approve the boundary plat for Worthing Place Block 69, located on the west side of S.E. 1 st A venue, between Atlantic A venue and S.E. 1 st Street. 8.C. FINAL BOUNDARY PLAT APPROV AL/WORTHING PLACE BLOCK 77 PLAT: Approve the boundary plat for Worthing Place Block 77, located between S.E. 1 st A venue and S.E. 2nd A venue and Atlantic A venue and S.E. 1 st Street. 8.D. RESOLUTION NO. 28-05: Approve Resolution No. 28-05 assessing costs for abatement action required for the emergency board-up of an unsafe structure located at 217 N.E. loth Street. The caption of Resolution No. 28-05 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNP AID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (The official copy of Resolution No. 28-05 is on file in the City Clerk's office. ) -5- 05/17/05 8.E. RESOLUTION NO. 29-05: Approve Resolution No. 29-05 assessing costs for abatement action required for the emergency board-up of an unsafe structure located at 103 N.W. 3rd Avenue. The caption of Resolution No. 29-05 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNP AID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (The official copy of Resolution No. 29-05 is on file in the City Clerk's office. ) 8.F. ACCEPTANCE OF EASEMENT DEED/DELRAY INN: Approve and accept an easement deed providing a 4.5' wide by 30' long easement adjacent to northbound Federal Highway, as part of the development approval of the Delray Inn Project, to be used for the installation of a bus shelter, located along North Federal Highway. 8.G. CONSENT TO ASSIGNMENT/LA WSON. NOBLE & WEBB. INC.: Approve Consent to Assignment with Lawson, Noble & Webb, Inc., which merged with Arcadis G & M, Inc., for general consulting engineering services. 8.H. GRANT APPLICA TION TO FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM: Authorize staff to submit a grant application to the Florida State Department of Environmental Protection's Recreation Development Assistance Program for funding in the amount of $200,000.00 for the renovation of Lake Ida Park. 8.1. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.1. -6- 05/17/05 8.J. AMENDMENT/TICKETMASTER L.L.c. AGREEMENT/FED CUP: Approve an amendment to the Ticketmaster Agreement between the City and Ticketmaster L.L.C. to provide that all proceeds received from the Fed Cup ticket sales shall be paid directly to the United States Tennis Association (USTA) Fed Cup box office. 8.K. CONTRACT ADDITION (CHANGE ORDER NO.1!OVERHOLT CONSTRUCTION CORPORATION: Approve a Contract Addition (Change Order No.1) between the City and Overholt Construction Corporation in the amount of $217,930.00 for the Delray Swim and Tennis Center Clubhouse Project. Funding is available from 380-4150-572-62.60 (2004 G.O. Bond/Delray Swim and Tennis) and 117- 4133-572-63.90 (Recreation Impact Fee/Other Improvements). 8.L. GRANT APPLICATION TO CHILDREN'S SERVICES COUNCIL: Authorize staff to submit a grant application to the Children's Services Council (CSC) for funding in the approximate amount of $293,298.00 for the City's out of school program, day camps, and summer camp programs. 8.M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period May 2,2005 through May 13, 2005. 8.N. AWARD OF BIDS AND CONTRACTS: 1. Bid award to various vendors for pipe fittings at an annual cost of $202,586.06. Funding is available from various departmental operating budgets. Mrs. Archer moved to approve the Consent Agenda as amended, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.1. SPECIAL EVENT REQUEST/2nd ANNUAL ALL AMERICA DUCK DERBY: Consider approval of a special event request to allow the 2nd Annual All America Duck Derby, sponsored by the Sunrise Rotary Club of Delray Beach, to be held November 19, 2005 from 11:00 a.m. until 5:00 p.m. at Veteran's Park, including temporary use permit per LDR Section 2.4.6(H) for the use of Veteran's Park and the parking lot, and authorize staff support for security and traffic control, barricade set- up/removal, trash removal and clean up, with event signage to be installed no earlier than November 10, 2005; contingent on the sponsor providing a hold harmless agreement and receipt of the Coast Guard approval one week before the event. -7- 05/17/05 Robert A. Barcinski, Assistant City Manager, stated this event is sponsored by the Sunrise Rotary Club of Del ray Beach and is proposed for November 19, 2005 from 11 :00 a.m. to 5 :00 p.m. at Veteran's Park. Staff requests Commission to grant a temporary use permit per LDR's Section 2.4.6(H) for the use of Veteran' s Park, and the parking lot and to provide staff assistance for traffic control and security, barricading, and trash removal and clean up assistance. Staff recommends approval of the request per the following conditions: (1) Receipt of a Hold Harmless Agreement and (2) Receipt of the Coast Guard approval one week before the event. Mr. Levinson stated the reason he removed this item from the Consent Agenda to the Regular Agenda is because he feels it is inappropriate for the organizations to utilize the media sponsors and have them benefit from Delray's success and then not use that money for the papers that they sell to improve the quality of reporting that we are getting in our City. Therefore, Mr. Levinson reiterated that he will not support this item unless there is a caveat that states they will not enter into an agreement with the print media. Mrs. Archer moved to approve the Special Event Request/2nd Annual All America Duck Derby subject to staffs recommendations, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - No; Ms. McCarthy - Yes. Said motion passed with a 4 to 1 vote, Commissioner Levinson dissenting. 9.A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/INTERSTATE SIGNCRAFTERS: Consider an appeal of the Site Plan Review and Appearance Board's decision regarding an exception to the Master Sign Program for Subway, located at 660 Linton Boulevard. (Quasi-Judicial Hearing) Mayor Perlman read into the record the procedures for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items. Janet Whipple, Deputy City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte communications. No ex parte communications were disclosed. Lula Butler, Director of Community Improvement, entered the project file into the record (#05-95957) and stated this item is a request from the agent representing "Subway", a tenant located at 660 Linton Boulevard, Bay 118, for an exception to the Master Sign Program for flat wall signs in the Lavers International Plaza. This exception request was considered by the Site Plan Review and Appearance Board (SPRAB) at their meeting of February 23, 2005. The agent requested the use of their corporate logos for Subway for their flat wall sign and the Board voted 6-0 to deny the request stating that the tenant should be able to comply with the blanket order of green channel letters; however, the Board did agree that the tenant could use their corporate font while still being in compliance with the sign package governing flat wall signs. The Board also -8- 05/17/05 acknowledged that Subway has conformed to other color criteria in different shopping centers. In this particular shopping center, the Board has allowed the use of corporate colors for out parcel buildings and also made an exception and allowed Lucille's Bad to the Bone BBQ to use the flat wall sign and allowed them to use their corporate colors. Mrs. Butler stated Section 2.4.7(B) of the LDR's allows the City Commission to grant waivers to this section of the code after making a finding of fact based on (1) shall not significantly diminish the provision of public facilities, (2) that the sign shall not adversely affect the neighboring area, (3) shall not create an unsafe situation, and (4) does not result in the granting of a special privilege in that the same waiver would not be granted under similar circumstances on other property for another applicant or owner. Staff recommends that the Commission uphold the decision by SPRAB regarding this particular sign. At this point, the applicant stepped forward. Jennifer Ronnebur2er. 51 Meadows Drive. Boynton Beach, representing the applicant, stated there are three options the owner of the subway would like to present and she gave a brief presentation with transparencies. She stated Option # 1 is to have front lit channel letters because reverse lit channels are currently there now and it is difficult to see them from over 100 feet away. In addition, she stated Subway's corporate colors are white and yellow. Option #2 is reverse lit channel letters with Subway's colors and their logo (same type of letter and the light comes from the back of the sign). Option #3 is Subway's font and the color of the teal that is currently in the rest of the center. She stated the applicant is requesting to have channel letters and a pylon sign (not before the Commission this evening). She noted that the applicant would ideally like to have his green background with the white and yellow with the font. John Gor2i. owner. stated he is asking for a little flexibility because of the situation. He stated it is a 14 foot storefront blocked by an awning. He requested some leniency on the pylon sign because this is what the customers see and the idea is to attract an impulse buyer. Jennifer Morten. Land Desi2n South. commented about one of the criteria which states "Does not result in the granting of a special privilege in that the same waiver would not be granted under similar circumstances on other property for another applicant or owner." She stated it appears from the transparencies that there are other projects not only within the general area but also within this specific shopping center. She urged the Commission to support the applicant's request. At this point, Mayor Perlman declared the public hearing open. Alice Finst. 707 Place Tavant. Delray Beach. stated she monitors the Board meetings of SPRAB and they look for opportunities to accommodate the owner and look for the overall opportunity to make the centers as great as they can. Mrs. Finst urged Commission to support SPRAB' s decision. -9- 05/17/05 There being no one else from the public who wished to speak in favor or in opposition of the appeal, the public hearing was closed. Mrs. Butler emphasized that the item before the Commission this evening is the appeal of the flat wall sign and not the pylon sign. Ms. McCarthy asked if this franchise has the ability to use an awning in their storefront. Mrs. Butler stated the owner could use an awning; however, since it does not appear in the minutes, she believes it was not discussed at the Board's level. Mrs. Ellis stated if the Commission grants the waiver, what would they be approving. Mrs. Butler stated they are presenting the Commission with three options and they would agree to use the green standard color that is established for the shopping center; however, they would like to have the open channel letters because they stand out a little more and SPRAB would like them to have the reverse channel letters. Mayor Perlman asked if SPRAB has had the opportunity to review the three options presented this evening. Mrs. Ronneburger stated they were informed since it reached this level to bring it before the Commission. Mrs. Butler recommended that this go back to SPRAB for reconsideration. It was the consensus of the Commission to remand this item back to SPRAB for reconsideration and review of the three alternatives presented this evening. Prior to the vote, Mr. Levinson suggested that if there is going to be a subsequent request for a change in the pylon sign that SPRAB review this at the same time as well. Mrs. Ellis moved to remand back to the Site Plan Review and Appearance Board (SPRAB), seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 28-05 (SECOND READING/SECOND PUBLIC HEARING): Privately initiated amendment to Land Development Regulations (LDR) Section 4.4.20, "Industrial (I) District", Subsection 4.4.20(B), "Principal Uses and Structures Permitted", Paragraph (5), "Service Industry", to add food preparation and/or processing as a principal use. 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. 28-05 is as follows: -10- 05/17/05 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 4.4.20, "INDUSTRIAL (I) DISTRICT", SUBSECTION 4.4.20(B), "PRINCIP AL USES AND STRUCTURES PERMITTED", PARAGRAPH (5), "SERVICE INDUSTRY"; TO ADD FOOD PREPARATION AND/OR PROCESSING AS A PRINCIP AL USE; PROVIDING A SA VING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 28-05 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. Jeff Costello, Assistant Director of Planning and Zoning, stated this is a privately initiated text amendment to the LDR's. The MIC (Mixed Industrial and Commercial) zone district allows (be reference) the same industrial and service industry uses as those that are allowed in Industrial zone district regulations. The proposed food preparation business and catering are currently allowed in other industrial-related zoning districts (PCC, LI, and CBD-RC) and are appropriate uses within the Service Industry category of the Industrial zone district. At its meeting of April 18, 2005, the Planning and Zoning Board held a public hearing regarding the amendment. There was no public testimony regarding the proposed changes and after discussing the amendment, the Board voted 7-0 to recommend approval of the proposed amendment. Mr. Dorling stated staff recommends approval and noted that there is additional information that has been provided. Mayor Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 28-05, the public hearing was closed. Mr. Levinson moved to adopt Ordinance No. 28-05 on Second and FINAL 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; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote. -11- 05/17/05 10.B. ORDINANCE NO. 27-05: An ordinance amending the Code of Ordinances by enacting Chapter 59, "Reclaimed Water", to provide for guidelines regarding the use of reclaimed water and amending Section 52.19, "Vegetation Water Meters", to clarify the use of vegetation water meters versus reclaimed water meters. 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. 27-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, BY ENACTING CHAPTER 59, "RECLAIMED WATER", TO PROVIDE FOR GUIDELINES REGARDING THE USE OF AND CONNECTION TO RECLAIMED WATER AND SETTING RATES FOR SUCH USE; AMENDING SECTION 52.19, "VEGETATION WATER METERS", TO CLARIFY THE USE OF VEGETATION WATER METERS VERSUS RECLAIMED WATER METERS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 27-05 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 who wished to address the Commission regarding Ordinance No. 27-05, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 27-05 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; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 30-05: An ordinance amending Chapter 35, "Employees Policies and Benefits", Subheading "Retirement Plans", of the City Code of Ordinances, Section 35.089, "Definitions", to revise the definition of "Credited Service" to provide for a member who dies within thirty (30) days prior to attaining five (5) years of credited service. 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. -12- 05/17/05 The caption of Ordinance No. 30-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.089, "DEFINITIONS", TO REVISE THE DEFINITION OF "CREDITED SERVICE" TO PROVIDE FOR A MEMBER WHO DIES WITHIN THIRTY DAYS PRIOR TO ATTAINING FIVE YEARS OF CREDITED SERVICE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 30-05 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 who wished to address the Commission regarding Ordinance No. 30-05, the public hearing was closed. Ms. McCarthy moved to adopt Ordinance No. 30-05 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - 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 Mana2er's response to prior public comments and inQuiries. The City Manager had no response to prior public comments and mqUIrIes. 11.B. From the Public. 11.B.1. Alice Finst. 707 Place Tavant. Delray Beach. stated a few weeks ago she came before the Commission and suggested providing alternate positions for the Site Plan Review and Appearance Board (SPRAB) because at that time they did not have a complete Board and members had to step down. In addition, she stated people would not -13- 05/17/05 be put off 2-4 weeks if their item was postponed. Mrs. Finst stated she attended the Planning and Zoning Board meeting last night and it was a full Agenda with close to 100 people in attendance. She stated only three members of the Board were present; a fourth member was scheduled to attend but did not attend; three other members noted they were not attending leaving them with no Board that could vote. Mrs. Finst suggested that the Commission place on a Workshop meeting an item that provides alternates not only for SPRAB but for Planning and Zoning to prevent this from happening again. 11.B.2. Pearl "Bunny" Markfield Elrod. 302 S.W. 1st Avenue. Delray Beach. stated at the PROD Breakfast this morning people voiced concerns about what Mrs. Finst spoke about this evening. Mrs. Elrod echoed comments expressed by Mrs. Finst that some alternative action be made available so that if the members of the Board cannot appear, there is already an alternative to that situation. 11.B.3. John Bennett. 137 Seabreeze Avenue. Delray Beach. stated the American Legion Post #65 & Post #188 will conduct Memorial Day commemorations in honor of veterans of all wars on Monday, May 30, 2005 at the Delray Beach Municipal Cemetery beginning at 9:30 a.m. He also announced that the VFW Post #4141 will hold its annual Memorial Day celebration at 11:00 a.m. at Veteran's Park followed by a wreathing at the Intracoastal. Mr. Bennett read into the record the following veterans who will be honored (a copy is attached hereto and made an official part of the minutes). 11.B.4. Greta Britt. 867 Sunflower Avenue. Delray Beach. stated the recognition of the schools is a great honor for Delray Beach and asked if the City of Delray Beach has made a decision on the mode of transportation for the children who live east ofI-95. At this point, the time being 7:10 p.m., the Commission moved back to Item 9.B. of the Regular Agenda. 9.B. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/GRAMERCY SQUARE: Consider an appeal of the Site Plan Review and Appearance Board's decision regarding the request for internal adjustment to reduce the required 25' first/second-floor side street building setback from the street system/access tract {LDR Section 4.3.3(O)(3)(b), "Setbacks"} for Gramercy Square, pursuant to LDR Section 2.4.7(C)(5), "Internal Adjustment Findings". (Quasi-Judicial Hearing) Janet Whipple, Deputy City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte communications. Mr. Levinson stated he has had conversations with Mr. Bradley Miller, Ms. McCarthy and Mayor Perlman stated they too had a conversation with Mr. Bradley Miller. Mrs. Ellis stated she had no ex parte communications to disclose. Mrs. Archer stated she has had several conversations with Mr. Miller but not today. -14- 05/17/05 Jeff Costello, Assistant Director of Planning and Zoning, entered the Planning and Zoning Department project file #2005-086 into the record. At its meeting of April 13, 2005, the Site Plan Review and Appearance Board (SPRAB) approved the Class V site plan, landscape, and architectural elevations associated with the construction of a 109 unit townhouse development on the west side of Military Trail south of Atlantic A venue to be known as Gramercy Square. The Board denied (by a 4 to 1 vote) an accompanying request for an internal adjustment to LDR Section 4.3.3 (0 )(3 )(b) to reduce the required 25 foot side street building setback from the street system/access tract. Staff recommends approval of the appeal based upon the finding that the Site Plan Review and Appearance Board incorrectly considered the appropriate LDR sections and related Comprehensive Plan policies in their deliberations of the Class V site plan request for Gramercy Square. At this time, the applicant stepped forward. Bradley Miller, President of Miller Land Planning Consultants, Inc., 298 Pineapple Grove Way, Delray Beach, gave a brief overview and history of the project and stated when the property was annexed the applicant requested 12 units per acre; however, he agreed to keep the property at 8 units per acre (equates to 109 units) to keep it consistent with what these parcels are. Mr. Miller stated SPRAB supports his request. At this point, Mayor Perlman declared the public hearing open. There being no one who wished to speak in favor or in opposition of the appeal, the public hearing was closed. Mr. Levinson moved to approve the appeal based upon a finding that the Site Plan Review and Appearance Board incorrectly considered the appropriate LDR sections and related Comprehensive Plan policies in their deliberations of the Class V site plan request for Gramercy Square, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.C. WAIVER REQUEST/GRAMERCY SQUARE: Consider a waiver request to waive Land Development Regulations (LDR) Section 6.1.2(C)(3)(a), "Paving Widths", to reduce the required minimum paving width for an interior road from 24' to 20' for Gramercy Square, pursuant to LDR Section 2.4.7(B)(5), "Waiver Findings". (Quasi-Judicial Hearing) Mayor Perlman asked the Commission to disclose any ex parte communications. Mr. Levinson stated he has had conversations with Mr. Bradley Miller, Ms. McCarthy and Mayor Perlman stated they too had a conversation with Mr. Bradley Miller. Mrs. Ellis stated she had no ex parte communications to disclose. Mrs. Archer stated she has had several conversations with Mr. Miller but not today. -15- 05/17/05 Mr. Costello stated positive findings can be made with regard to this waiver request to reduce the required pavement width from 24 feet to 20 feet. There is two feet of valley gutter on each side and the City Engineer and the Fire Marshall have previously supported these types of waivers for other developments. The reduction can be supported as long as the Homeowner's Association documents contain as prohibition on the parking of vehicles within the street access tracts (this is a condition of the Class V site plan approval). At its meeting of April 13, 2005, the Site Plan Review and Appearance Board (SPRAB) approved a Class V plan and landscape plan associated with the construction of 109 fee-simple townhouse units in nineteen (19) two-story buildings to be known as Gramercy Square. The Board also reviewed a waiver request to reduce the required paving width associated with the development proposal and forwarded a recommendation of approval to the City Commission. At this point, the applicant stepped forward. Bradley Miller, President of Miller Land Planning Consultants, Inc. stated he is requesting a reduction in the width of the pavement from 24 feet to 20 feet of pavement. Mr. Miller stated in addition to that 20 feet there is a two foot valley curb which is a flat curb on both sides so essentially the paved area from outside to outside would be 24 feet (including the valley curb). At this point, Mayor Perlman declared the public hearing open. There being no one who wished to speak in favor or in opposition of the waiver, the public hearing was closed. Ms. McCarthy asked where the guest parking is located in this complex. Mr. Miller stated for each unit there is a single-car garage and the driveway itself is a two-car driveway. Therefore, Mr. Miller stated for each unit there are three places to park. In addition, parking is also available at both corners, in the recreational area and spaces by the mailbox kiosk. Mr. Miller stated the width of the driveway is enough for two cars plus the garage itself. Prior to the vote, Ms. McCarthy stated the reason for the LDR's is so that we have guidelines and they are not to prohibit good planning. She stated she likes the fact that the applicant has provided two bedroom as well as three bedroom units and the fact that the units will be connected through the pedestrian walkway is very comprehensive and a good idea even though she prefers exterior sidewalks. However, Ms. McCarthy stated she will take the interior sidewalks if we cannot get them on the exterior. Mrs. Ellis moved to approve the waiver request for waiver to LDR Section 6.1.2(C)(3)(a) to reduce the minimum pavement width of the interior roadway from 24 feet to 20 feet, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(B)(5) of the LDR's, seconded by Ms. -16- 05/17/05 McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.D. RECONSIDERATION OF CONDITION OF APPROVAL/IN-LIEU PARKING/111 EAST ATLANTIC A VENUE (TRAMONTI'S RESTAURANT): Reconsider a condition of approval for In-Lieu parking spaces granted to 111 East Atlantic Avenue (Tramonti's Restaurant). (Quasi-Judicial Hearing) Janet Whipple, Deputy City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte communications. Mr. Levinson stated he had a conversation with Billy Himmerlich. Ms. McCarthy, Mayor Perlman, Mrs. Ellis, and Mrs. Archer had no ex parte communications to disclose. Scott Aronson, Parking Management Specialist, stated on June 3, 2003 a quasi judicial hearing was held regarding a request from Craig's Furniture (c/kla Tramonti's Restaurant/111 East Atlantic Avenue) for the purchase of nine (9) in-lieu parking spaces to accommodate the conversion of 3,458 square feet of retail to restaurant use. During the deliberations, the applicant agreed to provide additional parking at another property. The proposed parking was in excess of the 300 feet maximum distance required for off-site parking lots. However, the City Commission accepted the offer and approved the in-lieu fee with the condition that a parking agreement is provided even though it would exceed the 300 foot requirement. Mr. Aronson stated on July 1, 2003, the in-lieu fees in the amount of $108,000 were paid and an agreement was submitted for properties that were adjacent to the old Milagro Center parking lot east of the railroad tracks on S.E. 2nd Street. Mr. Aronson stated on August 19, 2003, these concerns were presented to the City Commission. After discussion, Commission consensus was that the intent of the condition was met, with the exception of the expiration clause. The agreement was to be amended with respect to the expiration clause to be a minimum of five (5) years. Mr. Aronson stated as it stands now the contract was never a recorded document and the property has now been sold and has been approved for The Strand development. Staff recommendation is to release the condition of approval. The City Attorney stated this would be a motion to rescind not to reconsider. Mayor Perlman declared the public hearing open. There being no one who wished to speak in favor or in opposition of this item, the public hearing was closed. Mrs. Ellis asked if this is a good faith effort that they just simply waited us out on in order to get out of. Mr. Aronson stated the parking lot was intended to be for employee parking because the concern was that the number of employees for this type -17- 05/17/05 and size of restaurant would over tax the public parking area. Mr. Levinson stated he does not feel the applicant went back on their word but he believes the situation changed. Mrs. Archer moved to approve to rescind the condition of approval related to the off-site parking agreement, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote. 9.E. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 9.F. YOUTH COUNCIL SCHOLARSHIP REQUIREMENTS: Consider approval of the proposed Youth Council Scholarship Requirements. Allison Mattocks, President of the Youth Council, stated this item is a request for City Commission approval of the proposed criteria for the award of scholarships to active members of the Delray Beach Youth Council. The Delray Beach Youth Council was awarded $4,000 from proceeds from the St. Patrick Day's Parade to be used for scholarships. The City agreed to accept the award money for the Youth Council with the stipulation that they create the scholarship criteria that is to be approved by the City Commission. Mayor Perlman commended the Delray Beach Youth Council for the criteria. Lula Butler, Director of Community Improvement, stated three seniors qualify to apply for the scholarships this year. Mr. Levinson moved to approve the Delray Beach Youth Council Scholarship requirements, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.G. AGREEMENT/COLETTA AND COMPANY. INC./CULTURAL PLAN: Consider approval of an agreement with Coletta and Company, Inc. (CCI) for the development of a cultural plan for the City; the City shall pay CCI $50,000.00 plus a maximum of $6,000.00 for travel expenses. The City Attorney stated this agreement provides that Coletta and Company, Inc. (CCI) shall develop a cultural strategy for the City by conducting research and using that research to prepare a cultural plan for the City. The Community Redevelopment Agency (CRA) shall provide payment to the City for one-half the cost of the cultural plan as well as one-half the cost of the travel expenses. Mr. Levinson moved to approve the Agreement with Coletta and Company, Inc. (CCI) for the development of a cultural plan for the City of Delray Beach, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. -18- 05/17/05 Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.H. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA)!CULTURAL PLAN: Consider approval of an Interlocal Agreement with the Community Redevelopment Agency (CRA) for funding of a Cultural Plan developed by Coletta and Company (CCI) which the CRA will provide funding to the City in the amount of $25,000.00 plus travel expenses not to exceed $6,000.00. Mayor Perlman declared a conflict of interest and passed the gavel to Vice Mayor Levinson and stepped down from the dais. The City Attorney stated this agreement provides that the Community Redevelopment Agency (CRA) shall provide for half the funding to the City in the amount of $25,000.00 for the development of a Cultural Plan by Coletta and Company, Inc. (CCI). Ms. McCarthy moved to approve the Interlocal Agreement with the Community Redevelopment Agency (CRA) for funding of a Cultural Plan developed by Coletta and Company, Inc. (CCI) which the CRA will provide one-half the funding in the amount of $25,000 plus one-half the travel expenses not to exceed $6,000, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 9.1. RESOLUTION NO. 31-05: Consider approval of Resolution No. 31-05 authorizing the Community Redevelopment Agency (CRA) to acquire property located at 133 N.W. 5th Avenue by gift, purchase, or eminent domain for the redevelopment of N.W./S.W. 5th Avenue. The caption of Resolution No. 31-05 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y 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. 31-05 is on file in the City Clerk's office. ) Mayor Perlman declared a conflict of interest and passed the gavel to Vice Mayor Levinson and stepped down from the dais. -19- 05/17/05 The City Attorney stated Resolution No. 31-05 authorizes the CRA to use eminent domain if necessary and to purchase property. The CRA passed their resolution (Resolution No. 05-06) at their meeting of May 5, 2005 and the property is located at 133 N.W. 5th Avenue. Prior to the vote, Ms. McCarthy stated with regard to this property it is an absentee owner and the address of record is out of Delray Beach. She stated it has been discussed about how some of the absentee owners are actually treating or not treating in taking care of their properties here. In addition, Ms. McCarthy stated it also appears that it is a corporation in-lieu of a single owner who may be having some difficulty or challenges and because of these facts she will vote to support this. Mrs. Archer moved to approve Resolution No. 31-05, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 9.J. TRIPARTITE AND INTERLOCAL FUNDING AGREEMENT/SCHOOL DISTRICT OF PALM BEACH COUNTY. PALM BEACH COUNTY. AND CITY/REGARDING ATLANTIC COMMUNITY HIGH SCHOOL CAMPUS CONVERSION: Consider approval of the Tripartite and Interlocal Agreement between the School District of Palm Beach County, the City, and Palm Beach County for funding of the development of a Master Plan for the Atlantic Community High School Campus Conversion. At this point, Mayor Perlman returned to the dais. The City Attorney stated there is a correction to Page 3, Section 2.02(B) Phase 2 Master Plan of the agreement deleting the words "on the northern portion of the Seacrest Athletic Site" so that it reads: "Phase 2 Master Plan: Intermediate Phase that includes the Master Plan for the future redevelopment of the Aquacrest Water Park by Palm Beach County Parks and Recreation Department and the development of Soccer fields on the Old Atlantic Site by the City of Del ray Beach." Mr. Levinson moved to approve the Tripartite and Interlocal Agreement between the School District of Palm Beach County, the City, and Palm Beach County for funding of the development of a Master Plan for the Atlantic Community High School Campus Conversion, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote. 9.K. TERMINA TION OF INTERLOCAL AGREEMENT/CITY OF BOCA RATON/FIRE TRAINING FACILITY: Consider approval of termination of the Interlocal Agreement, dated August 24,2004, with the City of Boca Raton for the fire training facility. -20- 05/17/05 The City Attorney stated the City of Delray Beach entered into an agreement with the City of Boca Raton for the fire training facility sharing in some of the costs; however, the City of Delray Beach is purchasing other property for a fire training facility. Mr. Levinson stated he would like to ensure that the City of Boca Raton understands why we are doing this. The City Manager stated he has discussed this with the City Manager of Boca Raton. Ms. McCarthy moved to approve the termination of the Interlocal Agreement dated August 24, 2004 with the City of Boca Raton for the fire training facility, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.L. OFFER OF JUDGMENT/PROPOSAL FOR SETTLEMENT IN CHARLES AND ELINOR MELL v. CITY OF DELRA Y BEACH AND FLORIDA EAST COAST RAILWAY: Consider approval of an Offer of Judgment/Proposal for Settlement in the total amount of $3,500.00 in Charles and Elinor Mell v. City of Delray Beach and Florida East Coast Railway. At this point, Mrs. Archer stepped away from the dais. Mr. Levinson moved to approve the Offer of Judgment/Proposal for Settlement in the amount of $3,500.00 in Charles and Elinor Mell v. City of Delray Beach and Florida East Coast Railway, seconded by Ms. McCarthy. 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.M. DEMAND FOR JUDGMENT IN FREEDMAN v. CITY OF DELRAY BEACH: Consider a Demand for Judgment in the total amount of$55,000.00 in Freedman v. City of Delray Beach. Staff recommendation is acceptance. At this point, Mrs. Archer returned to the dais. The City Attorney stated the Plaintiff s attorney has issued a Demand for Judgment to settle this case with the City for $50,000.00 and $5,000.00 for the loss of consortium claim. Ms. McCarthy moved to approve a Demand for Judgment in the total amount of $55,000.00 in Freedman v. City of Delray Beach, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. -21- 05/17/05 9.N. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one (1) regular member to the Civil Service Board for an unexpired term ending July 1,2006. Based upon the rotation system, the appointment will be made by Commissioner McCarthy (Seat #4). Commissioner McCarthy stated she would like to defer her appointment to the next regular meeting of June 7, 2005 because Federal Express did not pick up her package and it was consequently not delivered to her. She stated this is the third time this has happened with Federal Express when she has been out of town on conventions and therefore requests that her agenda packets no longer are sent via Federal Express and that staff use one of the other competing entities. 9.0. APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (1) regular member to the Police and Firefighters Retirement System Board of Trustees for a two (2) year term ending April 22, 2007. Based upon the rotation system, the appointment will be made by Commissioner McCarthy (Seat #4). Commissioner McCarthy moved to appoint Melvin Sacharow as a regular member to the Police and Firefighters' Retirement System Board of Trustees for a two (2) year term ending April 22, 2007, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.P. MALKEMES PROPERTY: Provide direction concerning a letter received regarding the acquisition of the Malkemes Property. The City Attorney stated the City purchased the Churchill property east of the Malkemes property. She stated staff has been working with Mr. Malkemes to connect the Bexley Park current site with the Churchill piece through various scenarios and at this point through his attorney he has rejected those ideas and has presented another idea which would be a land swap of an acre of his property to the south that he would give to the City in exchange if the City gives Mr. Malkemes an acre of the Churchill property to provide his property on the northern part. In addition, the City Attorney stated there are other provisions in the letter regarding the building of roads, landscape buffers, etc. Also, the City Attorney stated there is no "Right of First Refusal" mentioned in the letter and noted she contacted their attorney asking that they reconsider the offer. However, the City Attorney stated this is the offer they are putting forth. It was the consensus of the Commission that the offer is not acceptable. The City Attorney stated the land swap is something the Malkemes want to do and suggested that the City obtain a "Right of First Refusal" for that piece so that the City can take it in when they possibly annex the land and that the City not pay for any road improvements. Brief discussion followed by the Commission regarding the swap of the land completely and the moving costs. -22- 05/17/05 Ms. McCarthy suggested that the Commission be very specific with what would come along with the swapping of parcel to parcel. The City Attorney suggested that a fixed allowance be set with regard to the moving costs. It was the consensus of the Commission to direct the City Attorney to discuss this with the Malkemes Attorney and bring back to the Commission at a later date. 2&: POLICE EXECUTIVE RESEARCH FORUM (PERF) PROPOSAL: Consider approval of the Police Executive Research Forum (PERF) Proposal regarding the review of the City's use-of-force policies and training for the Police Department. The City Manager stated this is a proposal from the Police Executive Research Forum (PERF) for reviewing the City's use-of-force policy. He stated the special council has reviewed it and is satisfied with it. Mr. Levinson stated he feels this is a good idea and stated PERF is an appropriate organization. The City Manager stated the individual that would be doing the study for the City of Del ray Beach is probably the national expert on police use of force. Ms. McCarthy thanked Chief Schroeder for being so inclusive. Mayor Perlman stated he is very comfortable with the organization that has been chosen and looks forward to this. Mrs. Ellis inquired about the timeframe and asked when the City will be starting this. Chief Schroeder stated they will begin immediately. Ms. McCarthy moved to approve the Police Executive Research Forum (PERF) Proposal regarding the review of the use-of-force policies and training for the Police Department for the City of Delray Beach, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 12. FIRST READINGS: 12.A. DUE TO THE REQUEST OF THE APPLICANT THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. B.A. City Mana2er The City Manager had no comments or inquiries on non-agenda items. -23- 05/17/05 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mrs. Archer Mrs. Archer stated she saw on the news today that Jaime Correa, Urban Designer who worked on the guidelines for the downtown is now working with the City of Port Charlotte to rebuild their community. She stated he is a fantastic individual in planning and development. Secondly, she inquired if staff has a list of monthly declarations. The City Manager stated staff can work at compiling this information. 13.C.2. Mrs. Ellis Mrs. Ellis suggested that the City start enforcing the Sidewalk Café ordinance. She stated she could not get by to get to the stairway to go up to the gym. Mrs. Ellis stated she contacted Code Enforcement regarding this situation. The City Attorney stated July 1 st is the enforcement date. 13.C.3. Ms. McCarthy Ms. McCarthy suggested that the Commissioners issue citations because they go around the City quite a bit and stated this would be a way to put people on notice. Secondly, Ms. McCarthy stated she participates in the Area Agency on Aging and noted that there is an invitation out to residents to participate in a Senior Forum for Palm Beach County and the Treasure Coast. She stated this is a non-profit organization that serves the needs of elders and their caregivers and they invite all to share their thoughts regarding local senior issues on Thursday, May 26, 2005 from 2:00- 3:30 p.m. at the main clubhouse social room at 7000 Atlantic Avenue in Delray Beach. 13.CA. Mr. Levinson Mr. Levinson stated he had the pleasure of reading last night to a first grade class at Trinity Lutheran for Pajama Day. He stated it was great fun and highly recommends the experience. Secondly, he congratulated Lula Butler, Director of Community Improvement, for graduating on Saturday from Leadership Florida. Mr. Levinson stated he is the incoming Statewide Program Chair for next year. -24- 05/17/05 Lula Butler, Director of Community Improvement, thanked the City Manager and the Commission for allowing her the time to participate. She stated it was a wonderful experience and a great opportunity. Mr. Levinson commented about the Pineapple Grove Main Street letter regarding the temporary signs in Pineapple Grove. He stated he was both pleased and disappointed at the same time regarding Joe Safford's letter about reimbursement for the hurricanes. Mr. Levinson asked if staff is sharing its concerns with the League of Cities and with the U.S. Congressmen. The City Manager stated staff is working on this. 13.C.5. Mayor Perlman Mayor Perlman stated he found out rather quickly that there was not a quorum at the Planning and Zoning Board meeting because his telephone rang a couple times right after the meeting. He stated he receives the quarterly attendance reports and for the most part the attendance is good. Mrs. Archer stated there were problems with the Parking Management Advisory Board but everything is okay now. However, she stated for the Planning and Zoning Board to not have a quorum is questionable and should never happen. He stated tomorrow is the groundbreaking ceremony for the Veteran's Park Fountain at 11 :00 a.m. Mrs. Archer stated she will be unable to attend because she is a speaker for a group tomorrow. Mayor Perlman stated the groundbreaking ceremony for the Catherine Strong Park will be held on Saturday at 10:00 a.m. and commended Pamé Williams and Jennifer Costello for their efforts to ensure community participation. He stated the Rainberry Woods Association is inquiring when their improvements will start and asked if staff can make it a point to call the Association and spread the word as to the timetable on this. Mayor Perlman suggested now that we are ending the school year that we celebrate some of the successes not only for Spady, Morakami, and Atlantic but also for Village Academy, Banyan Creek, and Orchard View, etc. Ms. McCarthy stated every school in the City has something to celebrate and feels this would a nice way of ending the school year. She suggested incorporating this celebration with something that is already in place (i.e. Summer Nights on the Avenue). He stated on 4th Avenue (the lot in back of Hand's) the parking issue is still being enforced. He suggested that the City may want to waive the 2-hour time for the lot for the time being and make some consideration for what is happening because some of the merchants and their customers are receiving parking tickets. -25- 05/17/05 Lastly, Mayor Perlman stated he was appointed as the elected -- representative to the Board of Directors for the Florida Redevelopment Association. There being no further business, Mayor Perlman declared the meeting adjourned at 8:26 p.m. ~~. ~~~ City Clerk ATTEST: ~o~ lA... 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 May 17, 2005, which Minutes were formally approved and adopted by the City Commission on June 7, 2005 - ~ 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. - -26- 05/17/05 AMERICAN LEGION - Milton Myers, Post 65 263 NE 5th Ave Delray Beach, FL 33447 May 4~ 2005 Dave Harden, Mayor, & Vice Mayor Commissioner and City Employees Police and Fire Departments Chamber of Commerce City of Delray Beach 100 NW First Avenue Delray Beach, FL 33444 - . . The American Legion Post 65,and Post 188 Would like for you to attend our Memorial Day Services on Monday May 30 2005 Starting at 9:30 am at the Delray Memorial Cemetery, conducted by The American Legion Post 65, then to the American Legion 65 Post Home Located at 263 NE 5th A venue for Spaghetti Dinner at Noon ~ \\.~.-%3 AMERICAN LEGION - Milton Myers, Post 65 263 N E 5th A VENUE 290 S.E.6th Ave Delray Beach, FL 33447 MEMORIAL DA Y SERVICE The American Legion, Post 65 & Post 188 together will conduct a memorial service in honor of our veterans of all wars on Monday, May 30 2005. Ceremonies at the DeImy Memorial Cemetery, SE 10th Avenue, Delray Beach will commence at 9:30 a.m. Participating in this event will be the Honor Guard, the American Legion Auxiliary, and the Delray Beach Boy Scouts of America. Spaghetti Dinner, "NOON" will be hosted by the members of the American Legion, Auxiliary~ & S.A.L.~s~ at their post home located at 263 NE 5th Avenue, Delray Beach. Everyone is welcome to attend. FREE TO ALL VETERANS, ALL OTHERS - DONATION PLEASE MEMORIAL DA Y Delray Cemetery. .. Legion Post 65 conducting 8:00 am Scouts put flags on graves 8:30 am set up chairs and speakers 9:00 am Assembly at Delray Cemetery 9:30 am Commander Scott Schley opens Memorial Day Ceremony CHAPLAIN COMMANDER LAWRENCESTRAINGE American Legion Auxiliary Father Bernard Pecaro SERGEANT AT ARMS deposits flowers upon the monument CHAPLAIN: BENEDICTION FATHERBERNARDPECARO - FIRING SQUAD: SALUTE THE DEAD TAPS -- MARVIN W. MIL TON LONEY MYERS HARRY FISH HARRY OLLER GEORGE H. REILEY HOWELL JONES BEN F. McINTOSH BRADLEY O'NEAL - BENJAMIN F. JETTON SHELTON LAMB, JR. LOGAN McNEAL ALFRED F. PRIEST CHARLESL.VREELAND JOHN JUPINKO ARTHUR R. SPROTT, JR. -- \\.~~~ -- -- - FORM 88 MEMORANDUM OF VOTING CONFLICT FOR ;OUNTY MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS - .AST NAME-f'IRST NAME-4IIDDLE NAME NAME OF BOARD, COUNCIL. COMMISSION. AUTHORITY, OR COMMITTEE Perlman, Jeffre L. Delra Beach Cit Commission ~NG ADDRESS THE BOARD, COUNCIL. COMMISSION. AUTHORITY OR COMMITTEE ON Delra Lakes Drive WHICH I SERVE IS A UNIT OF: COUNTY Xl CITY a COUNTY a OTHER lOCAl AGENCY NAME OF POlITICAl SUBDIVISION: City of Delray Beach DATE ON WHICH VOTE OCCURRED 5/17/05 MY POSITION IS: M ELECTIVE a 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 greaUy depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this fann before completing the reverse side and filing the form. - INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES .erson holding elective or appointive county. municipal, or other local public office MUST ABSTAIN from voting on a measure which Inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure 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, broUter, sister, father-in-law, moUter-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 wiUt Ute 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 fann in the minutes. . .. .. .. . .. . . .. .. .. .. .. .. . .. APPOINTED OFFICERS: -though you must abstain from voting in Ute situations described above, you oUterwise may participate in these matters. However, you ust disclose Ute nature of the conflict before making any attempt to influence Ute decision, whether orally or in writing and whether made _I you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You most complete and file this fann (before making any attempt to influence the decision) with the person responsible for recording Ute minutes of Ute meeting, who will incorporate the form in the minutes. (Continued on oUter side) CE FORM 88 - EFF. 1/2000 ITEM 9.H 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 publidy 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 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. Jeffrey L. Perlman , hereby disdose that on May 17 .20~: (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, , -X... Inured to the special gain or loss of my relative. Diana Colonna , _ 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 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: Diane Colonna, my wife, is Director of the Community Redevelopment Agency (CRA). I have a conflict voting on items that directly affect the Community Redevelopment Agency. 5/17/05 Date FUed Sig --. 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 - FORM 8B MEMORANDUM OF VOTING CONFLICT FOR ;OUNTY MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS - .A-. ., M\E-FIRST NAME-MIDDLE NAME NAME OF BOARD. COUNCIL, COMMISSION. AUTHORITY, OR COMMITTEE Perlman, Jeffre L. Delra Beach Cit Commission IotAIUNG ADDRESS THE BOARD, COUNCIL. COMMISSION. AUTHORITY OR COMMITTEE ON Delra Lakes Drive WHICH I SERVE IS A UNIT OF: COUNTY XI CITY a COUNTY a Ol1iER LOCAL AGENCY NAME OF POLITICAl SUBOMSION: City of Delray Beach OATE ON WHICH VOTE OCCURRED MY POSfTION IS: 5/17/05 \I ELECTIVE a APPOINTIVE WHO MUST FILE FORM 88 This foem 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 fann before completing the reverse side and filing the form. - INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES . erson holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which I. ._. es to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure 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 pnncipal 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 ot independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes ot 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 tonn with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. · .. .. .. . . .. . .. .. . . .. .. .. .. APPOINTED OFFICERS: ---WUgh you must abstain trom voting in the situations described above, you othelWise may participate in these matters. However, you st disclose the nature ot the conflict before making any attempt to influence the decision. whether orally or in writing and whether made you or at your direction. IF 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 tann (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the fann in the minutes. (Continued on other side) ce FORM 8B - EFF. 1/2000 ITEM 9.1 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. J 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 fonn 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 fonn in the minutes. A copy of the fonn must be provided immediately to the other members of the agency. and the fonn must be read publicly at the next meeting after the fonn is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Jeffrey L. Perlman . hereby disclose that on May 17 , 200.2..-: (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. . , -X.. inured to the special gain or loss of my relative, Diana Colonna . , _ 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 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: . Diane Colonna, my wife, is Director of the Community Redevelopment Agency (CRA). I have a conflict voting on items that directly affect the Community Redevelopment Agency. 5/17/05 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 FORM 88 - EFF. 112000 PAGE 2