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08-16-05 Minutes Commissioner Jeff Perlman AUGUST 16, 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, August 16, 2005. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Rita Ellis Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Janet K. Whipple, Acting City Clerk 2. The opening prayer was delivered by Reverend Nancy Norman with Unity Church of Delray Beach. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4.AGENDA APPROVAL. Item 8.D., Agreement/Palm Beach County Sports Mayor Perlman stated Institute/Community Olympic Development Program (CODP)/Tennis Center, has been removed from the Consent Agenda. 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.APPROVAL OF MINUTES: Mrs. Archer moved to approve the Minutes of the Regular Meeting of August 2, 2005, 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. 08/16/05 Ms. McCarthy moved to approve the Minutes of the Special/Workshop Meeting of August 9, 2005, seconded by Mrs. Archer. 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.PROCLAMATIONS: 6.A. Muscular Dystrophy Association Fire Fighter Appreciation Week – August 28 - September 3, 2005 Mayor Perlman read and presented a proclamation hereby proclaiming the week of August 28, 2005 through September 3, 2005 as Firefighter Appreciation Week. Dave Marchsteiner, Driver Engineer/Paramedic and Michael McCleary, Drive Engineer/President IAFF – Local 1842, came forward to accept the proclamation and noted they have raised $3,200 for Muscular Dystrophy thus far and their goal is $16,000. 6.B.Prostate Cancer Awareness Month – September 2005 Mayor Perlman noted that the proclamation hereby proclaiming September 2005 as Prostate Cancer Awareness Month will be mailed. 7.PRESENTATIONS: 7.B.“Spotlight on Education” – Mary Stratos, Principal of Carver Middle School Mary Stratos, Principal of Carver Middle School, stated they are working at (1) expanding their community development, (2) strengthening academics, and (3) partnerships with the City of Delray Beach. Ms. Stratos thanked the City Commission for their support. Mayor Perlman inquired as to how many students are enrolled in the IB Program. Ms. Stratos stated there are 320 students enrolled in the IB Program and the school is trying to recruit more students from within the City of Delray Beach. Ms. Lorraine Fitzl, IB (International Baccalaureate)/Magnet Coordinator, stated technically the recruitment process ends in December for the following school year, but as families from the north move into the area, and hear there is an IB Program at the middle school level, they immediately inquire about it. The registration has continued through the opening of the school year. thth Ms. Stratos stated the IB Program can no longer take any more 7 or 8 grade students and there are only approximately 12 seats available for the sixth grade. She stated their goal is to have an IB School because, in her opinion, the philosophy associated with an IB Program should not be restricted to a specific group of children. - 2 - 08/16/05 8.CONSENT AGENDA: City Manager Recommends Approval. 8.A.FINAL SUBDIVISION PLAT APPROVAL/AVENUE EAST PLAT: nd Approve the subdivision plat for Avenue East, located on the east side of S.E. 2 Avenue st between S.E. 1 Street and East Atlantic Avenue. 8.A.1.RESOLUTION NO. 57-05: Approve Resolution No. 57-05 abandoning the East nd five (5) feet of a portion of S.E. 2 Avenue, lying adjacent to Lots 1-18, less the south ten (10) st feet, thereof, Subdivision of Block 85, located between East Atlantic Avenue and S.E. 1 Street, in conjunction with the Avenue East Project. The caption of Resolution No. 57-05 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ND ABANDONING THE EAST 5’ OF A PORTION OF SE 2 AVENUE, LYING ADJACENT TO LOTS 1 THROUGH 18 (LESS THE SOUTH 10’ THEREOF), SUBDIVISION OF BLOCK 85 (PLAT BOOK 4, PAGE 14), LOCATED BETWEEN ST EAST ATLANTIC AVENUE AND SE 1 STREET. (The official copy of Resolution No. 57-05 is on file in the City Clerk’s office.) 8.B.AMENDMENT TO CONTRACT FOR SALE AND PURCHASE/UNIVERSAL BEACH SERVICE CORPORATION: Approve an Amendment to the Contract for Sale and Purchase between the City and Universal Beach Service Corporation to allow a closing on or before September 15, 2005. 8.C.FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT/WEST TH 5 CONDOS: Authorize the City to act as the utility permit applicant for a water service connection within the state right-of-way, located on the west side of southbound Federal stnd Highway, between S.E. 1 Street and S.E. 2 Street; and approve a hold harmless agreement with the developer (Faison-West Fifth, LLC). 8.D. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 8.E.AGREEMENT/DELRAY HARBOR CLUB: Approve an agreement with Delray Harbor Club which provides that the Delray Harbor Club shall construct a wall on their property between the City’s proposed boat ramp and park area and the Harbor Club property and will maintain the wall for ten (10) years. The City will fund up to $60,000.00. Funding is proposed in the General Construction 05/06 CIP Plan. 8.F. CHANGE ORDER NO. 1/FINAL PAYMENT/CHAZ EQUIPMENT COMPANY, INC.: Approve Change Order No. 1 in the amount of $11,500.00 and final payment in the amount of $53,510.00 to Chaz Equipment Company Inc. in accordance with the interlocal agreement with the South Central Regional Wastewater Treatment and Disposal Board - 3 - 08/16/05 (SCRWTDB) for the Area 1 Reclaimed Water System Project. Funding is available from 441- 5181-536-65.96 (Water & Sewer/Reclaimed Water Transmission). 8.G. ALTERNATIVE WATER SUPPLY GRANT APPLICATION/SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD): Authorize staff to submit a revised grant application to the South Florida Water Management District (SFWMD) in the approximate amount of $1,000,000 (40% of the cost of construction) for alternative water supply funding. 8.H.DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP) GRANT APPLICATION/DRAINAGE IMPROVEMENTS: Authorize staff to submit a grant application to the Department of Environmental Protection (DEP) in the amount of $278,000.00 for a 50/50 matching grant for the Seasage Drive, Melaleuca Road, and Oleander Lane Drainage Improvements Project. 8.I. SERVICE AUTHORIZATION NO. 10.2/CH2M HILL, INC.: Approve Service Authorization No. 10.2 to CH2M Hill, Inc. in the amount of $12,913.00 for design of th parking off the alley for N.W. 5 Avenue. Funding is available from 334-3162-541-65.83 th (General Construction Fund/N.W./S.W. 5 Avenue). The Community Redevelopment Agency (CRA) will fund the design fees. 8.J.SERVICE AUTHORIZATION NO. 3/HAZEN & SAWYER, INC.: Approve Service Authorization No. 3 to Hazen & Sawyer, Inc. in the amount of $26,610.00 for preparation of the variance application for the four log virus removal requirement. Funding is available from 442-5178-536-64.45 (Water Sewer Renewal and Replacement Fund/Gas Chlorine Conversion). 8.K. CHANGE ORDER NO. 2 (CONTRACT ADDITION)/ROSSO PAVING & DRAINAGE, INC.: Approve Change Order No. 2 (Contract Addition) between the City and Rosso Paving & Drainage, Inc. in the amount of $58,982.91 for utility changes/modifications, th installation of fiber optic conduit, and roadway restoration for the N.E. 4 Avenue Project. th Funding is available from 448-5461-538-65.81 (Storm Water Utility Fund/N.E. 4 Avenue), th 334-3162-541-65.81 (General Construction Fund/N.E. 4 Avenue), and 442-5178-536-63.51 (Water/Sewer Renewal & Replacement Fund/Sewer Mains). th 8.L. SPECIAL EVENT REQUEST/19 ANNUAL TURKEY TROT: Approve a th special event request to allow the 19 Annual Turkey Trot to be held on Saturday, November 19, 2005 from 6:00 a.m. until approximately 9:00 a.m., including temporary use permit per LDR Section 2.4.6(H) for the closure and use of A-1-A from Casuarina to George Bush Boulevard from 5:00 a.m. to approximately 10:00 a.m., and authorize staff support for security and traffic control, barricade set-up/removal, trash removal and clean up, use of small stage, and waiver of parking meter fees for Sandoway, Ingraham, and Anchor Park as well as along Atlantic Avenue from Venetian to A-1-A from 8:00 a.m. until approximately 10:00 a.m. - 4 - 08/16/05 8.M. RESOLUTION NO. 55-05: Approve Resolution No. 55-05 authorizing the issuance of $10,000,000 of General Obligation Bonds and authorize the sale of such bonds to SunTrust Bank. The caption of Resolution No. 55-05 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF $10,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS, SERIES 2005 (RECREATIONAL AND CULTURAL PROJECTS), OF THE CITY OF DELRAY BEACH, FLORIDA FOR THE PURPOSE OF FINANCING ALL OR PORTION OF THE COSTS OF CERTAIN CAPITAL PROJECTS PARTICULARLY DESCRIBED IN RESOLUTION NO. 72-03; DETERMINING THE NEED FOR A NEGOTIATED SALE OF SUCH BONDS TO SUNTRUST BANK; PROVIDING FOR THE TERMS AND PAYMENT OF SAID GENERAL OBLIGATION BONDS, SERIES 2005 (RECREATIONAL AND CULTURAL PROJECTS) AND THE RIGHTS, REMEDIES AND SECURITY OF THE OWNERS THEREOF; MAKING CERTAIN COVENANTS RELATING TO THE ISSUANCE OF SAID GENERAL OBLIGATION BONDS, SERIES 2005 (RECREATIONAL AND CULTURAL PROJECTS); APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION OF A BOND PURCHASE AGREEMENT WITH SUNTRUST BANK; AUTHORIZING THE PROPER OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION WITH THE ISSUANCE OF SAID BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 55-05 is on file in the City Clerk’s office.) 8.N.RESOLUTION NO. 56-05: Approve Resolution No. 56-05 authorizing SunTrust Bank as the provider of an $8,000,000 Line of Credit at a variable rate. The caption of Resolution No. 56-05 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ISSUANCE, FROM TIME TO TIME, OF NOT TO EXCEED $8,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF REVENUE IMPROVEMENT BONDS, SERIES 2005, OF THE CITY OF DELRAY BEACH, FLORIDA FOR THE PURPOSE OF FINANCING ALL OR PORTION OF THE CITY’S OLD SCHOOL SQUARE PARKING GARAGE PROJECT, - 5 - 08/16/05 INCLUDING LAND ACQUISITION AND CONSTRUCTION COSTS AND ALL INCIDENTAL AND NECESSARY COSTS RELATING THERETO; DETERMINING THE NEED FOR A NEGOTIATED SALE OF SUCH BONDS TO SUNTRUST BANK; PROVIDING FOR THE TERMS AND PAYMENT OF SAID REVENUE IMPROVEMENT BONDS, SERIES 2005 AND THE RIGHTS, REMEDIES AND SECURITY OF THE OWNERS THEREOF; MAKING CERTAIN COVENANTS RELATING TO THE ISSUANCE OF SAID REVENUE IMPROVEMENT BONDS, SERIES 2005; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION OF A BOND PURCHASE AGREEMENT WITH SUNTRUST BANK; AUTHORIZING THE PROPER OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION WITH THE ISSUANCE OF SAID BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 56-05 is on file in the City Clerk’s office.) 8.O. RESOLUTION NO. 52-05: Consider approval of Resolution No. 52-05 amending Resolution No. 75-04 and Resolution No. 24-05, FY 2005 Budget Adoption, adding $151,447.00 to the Golf Fund and Sanitation Fund. The caption of Resolution No. 52-05 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 75-04 ADOPTED SEPTEMBER 21, 2004, AND RESOLUTION NO. 24-05 ADOPTED JUNE 7, 2005 WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 2004/2005, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 2004/2005; REPEALING ALL RESOLUTIONS INCONSISTENT HEREWITH. (The official copy of Resolution No. 52-05 is on file in the City Clerk’s office.) 8.P.REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period August 1, 2005 through August 12, 2005. - 6 - 08/16/05 8.Q. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Workplace Resources in the amount of $107,179.37 via the Florida State Contract #425-001-01-1 and Broward County Contract Price Agreement #F5FM2005 for the purchase of Herman Miller/Geiger furniture for the Delray Beach Public Library. Funding is available from 380-3552-571-64.10 (2004 G.O. Bond/Library/Office Furniture/Fixtures). 2. Purchase award to J.C. White in the amount of $100,997.34 via the Florida State Contract #425-001-01-1 for the purchase of Haworth furniture for the Delray Beach Public Library. Funding is available from 380-3552- 571-64.10 (2004 G.O. Bond/Library/Office Furniture/Fixtures). 3. Purchase award to Show Turf in the amount of $40,144.00 via Hernando County School District Contract #03-515-03 for a John Deere 3235C Lightweight Fairway Mower for the Lakeview Golf Course. Funding is available from 445-4761-572-64.60 (Delray Beach Municipal Golf Course Fund/ Machinery and Equipment). 4. Purchase award to Contemporary Controls & Communications, Inc. in the amount of $18,469.00 for the purchase of one (1) Scorpio Radio Remote Irrigation Unit for Lake Ida Park and one (1) Irrinet Unit for the Catherine Strong/Splash Park. Funding is available from 380-4150-572-63.26 (2004 G.O. Bond Fund/Improvements Other/Lake Ida Park) and 380-4150-572- 62-59 (2004 G.O. Bond Fund/Buildings/Catherine Strong Center). 5. Contract award to MEF Construction, Inc. in the amount of $782,957.10 st for the S.E./N.E. 1 Street One-Way Pair Conversion Project. The Community Redevelopment Agency (CRA) will provide funding of $582,327.10. Funding is available from 334-3162-541-65.88 (General st Construction Fund/S.E./N.E. 1 Street One-Way Pair), 448-5461-538- st 65.88 (Stormwater Utility Fund/S.E./N.E. 1 Street One-Way Pair), and 442-5178-536-65.88 (Water/Sewer Renewal and Replacement st Fund/S.E./N.E. 1 Street One-Way Pair). 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: TH 9.A.WAIVER REQUEST/WEST 5 CONDOS RESIDENTIAL DEVELOPMENT: Consider a waiver request to waive Land Development Regulations (LDR) Section 4.6.9(D)(3)(c)(2), “Stacking Distance”, to reduce the 100’ of clear stacking distance required from the right-of-way line to the electronically controlled gate panel to 64’ for the West th (Quasi- 5 Condos Residential Development, pursuant to LDR Section 2.4.7(B)(5), “Findings”. Judicial Hearing) - 7 - 08/16/05 Mayor Perlman read the procedures for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items. Janet K. Whipple, Acting City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose their ex parte communications. No ex parte communications were disclosed. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2005-155 into the record. Mr. Dorling stated this waiver request is in association with a condominium th development called West 5 Condos. On July 13, 2005, the Site Plan Review and Appearance Board (SPRAB) approved a Class V site plan and landscape plan associated with the construction of a four-story high condominium consisting of twelve (12) condominium units. Pursuant to LDR Section 4.6.9(D)(3)(c)(2), a clear stacking distance of 100 feet is required in advance of all guardhouse or security gates and only 64 feet has been provided. The applicant has requested that a waiver be granted to this requirement. Staff recommends approval of this request based upon positive findings with respect to LDR Section 4.6.9(D)(3)(c)(2). Gary Stofft, Randall Stofft Architects, 3820 Sabal Lakes Road, Delray Beach (applicant) stated twelve (12) condominium units will receive two parking spaces whereas they are only required to provide 1.75 in the CBD (Central Business District). He stated the stacker is strictly for the owners to come in who will have a clicker to open the gate. The entire guest parking is outside of the gate and the required parking is either behind the building or in front of the gate. Mayor Perlman stated if anyone from the public would like to speak in favor or in opposition of the waiver, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the waiver request, the public hearing was closed. Ms. McCarthy moved to approve staff’s recommended action on page two of the Planning and Zoning staff report, seconded by Mrs. Ellis. 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.B. WAIVER REQUEST/MAROONE NISSAN: Consider a waiver request to allow a two (2) temporary sales/office trailers for Maroone Nissan, located at 2200 South Federal (Quasi-Judicial Hearing) Highway. Janet K. Whipple, Acting City Clerk, swore in those individuals who wished to give testimony on this item. - 8 - 08/16/05 Mayor Perlman asked the Commission to disclose their ex parte communications. No ex parte communications were disclosed. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2005-303 into the record. Mr. Dorling stated the proposal is in conjunction with the expansion of the Maroone Nissan of Delray facility includes the construction of an additional 1,000 square foot sales office and a 2,677 square foot service drive-up area. The applicant has requested to place two temporary modular trailers (1,363 square feet and 2,632 square feet) on the site to serve as sales office buildings during the construction of these additions and renovations. Pursuant to LDR Section 2.4.6(F) these temporary trailers are a kin to a construction trailer and constitutes a use allowed under the temporary use permit process. Given the extended stay of temporary modular trailer uses on similar properties in the past, City staff believes that any approval should be given a specific time limit. Furthermore, Mr. Dorling stated the issuance of temporary use permits should be issued concurrent with a building permit for the permanent improvements to the sales office/showroom. Staff recommends approval of the request with the caveat that the temporary trailers not exceed 24 months and subject to the three additional conditions: (1) That a site plan modification is processed and approval obtained from the Site Plan Review and Appearance Board (SPRAB), (2) That the site be fully restored in compliance with the approved site plan for Maroone Nissan of Delray once the trailers are removed; and, (3) That the temporary use permits for the trailers are to be issued in conjunction with the building permit issuance for the permanent improvements to the sales office/showroom. Mayor Perlman stated if anyone from the public would like to speak in favor or in opposition of the waiver request, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the waiver, the public hearing was closed. Mrs. Archer moved to approve a waiver for a Temporary Permit to be issued for a temporary sales office facility for a period not to exceed 24 months and subject to the conditions listed on page two of the Planning and Zoning staff report, 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. 9.C. WAIVER REQUEST/BLOCK 69: Consider a waiver request to allow the reduction of open space from 8.3% to 6.9% associated with the Block 69 Parking Garage, pursuant to LDR Section 2.4.5(F), “Site and Development and Master Development Plans (Quasi-Judicial Hearing) (MDP)”. Janet K. Whipple, Acting City Clerk, swore in those individuals who wished to give testimony on this item. - 9 - 08/16/05 Mayor Perlman asked the Commission to disclose their ex parte communications. No ex parte communications were disclosed. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2005-278 into the record. Mr. Dorling stated on May 24, 2000, the Site Plan Review and Appearance Board (SPRAB) approved a residential development on Block 77, and its associated parking garage. On January 17, 2001, the Historic Preservation Board (HPB) approved a garage in association with that on Block 69. The Board also approved a waiver request to reduce the required open space from 10% to 8.3%. A redesign is now proposed which results in the elimination of the indented section of the garage located along the alley (west elevation). The modification results in a further reduction in open space from 8.3% to 6.9%. At its meeting of August 3, 2005, the Historic Preservation Board (HPB) held a public hearing in conjunction with the current request. After reviewing the proposal, the Board voted unanimously to recommend approval. Mike Covelli, Caulfield & Wheeler, Inc., 7301-A West Palmetto Park Road, Boca Raton, stated essentially what they have done is straighten the wall on the alley side of the building. He stated the plat has been recorded and the working drawings are close to completion. Mr. Covelli stated the drawings are filed with the City of Delray Beach for permit and this portion of the project is moving ahead. Mayor Perlman stated if anyone from the public would like to speak in favor or in opposition of the waiver request, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the waiver, the public hearing was closed. Mrs. Ellis moved to approve the waiver request to LDR Section 4.4.13(F)(2) to reduce the required open space from 8.3% to 6.9% for the proposed Block 69 Parking Garage, 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. 9.D. BID AWARD/PREMIER BUS OPERATING COMPANY: Consider approval of a bid award to second lowest bidder, Premier Bus Operating Company, in the estimated annual amount of $68,640.00 for bus rental and driver services for the Parks and Recreation Department. Funding is available from 001-4127-572-55.30 (General Fund/Youth Football), 115-4912-572-55.30 Special Projects Fund/Youth Football), 001-4105-572-44.90 (General Fund/Out of School Program/Lease Costs), 001-4121-572-44.90 (General Fund/Athletics & Special Events/Lease Costs), 001-4127-572-44.90 (General Fund/Pompey Park/Lease Cost), and 001-4119-572-44.90 (General Fund/ Teen Center/Lease Cost). Joe Weldon, Director of Parks and Recreation, stated staff recommends awarding the City’s transportation contract to the second lowest bidder Premier Bus Operating Company - 10 - 08/16/05 in the amount of $68,640.00. The low bidder Simply The Best Charters, Inc., has mainly worked with private clubs and transporting senior citizens and has not transported many children. Mr. Weldon stated the difference between the first bidder and the second low bidder is $864.00. For clarification, Ms. McCarthy questioned Mr. Weldon’s reference to transporting children and asked if there is something that is done differently between the bus companies. Mr. Weldon stated Simply The Best Charters, Inc. has mostly worked with private clubs, a couple times a year has worked for the Town of Jupiter Parks and Recreation Department to transport children, but most of their bus services involve senior citizens. He stated since 1994, the City of Delray Beach Parks and Recreation Department has contracted with seven bus companies to transport children and in his opinion Premier Bus Operating Company is the best company the City has dealt with. Mr. Weldon stated Premier Bus Operating Company is very efficient and provided the City of Delray Beach with the best service. Mrs. Archer moved to approve the bid award to Premier Bus Operating Company (second lowest bidder), in the estimated annual amount of $68,640.00 for bus rental and driver services for the City of Delray Beach Parks and Recreation Department, 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. 9.E. SPECIAL EVENT REQUEST/LUPUS WALK-A-THON: Consider approval st of a special event request to allow the 1 Annual Strides for Lupus sponsored by the Lupus Foundation of America South East Chapter to be held on Saturday, January 14, 2006 from 8:00 a.m. until 1:00 p.m. with site set up to begin at 7:00 a.m., including granting a temporary use permit per LDR Section 2.4.6(H) for the closure and use of Anchor Park as a staging area and the use of sidewalks along the east side of A-1-A from Anchor Park to the north end of the beach; and authorize staff support for security and traffic control, barricade set-up/removal, EMS assistance, use/setup of small stage; waiver of parking fees in Anchor Park; with event signage to be installed no earlier than ten (10) days prior to the event and banners only be allowed on the stage and in Anchor Park; contingent on sponsor providing a hold harmless agreement, a certificate of event liability insurance no later than two (2) weeks before the event. Robert A. Barcinski, Assistant City Manager, stated this is a request from the st Lupus Foundation of America South East Chapter which is proposing to hold the 1 Annual Strides for Lupus walk along A-1-A on Saturday, January 14, 2006 from 8:00 a.m. to 1:00 p.m. with set up to begin at 7:00 a.m. Also, the request also includes granting a temporary use permit per LDR Section 2.3.6(H) for the use of Anchor Park as a staging area and the use of sidewalks along A-1-A, to waive parking fees in Anchor Park, and provide staff support for security and traffic control as needed. Total overtime costs are estimated at $300.00 and stage rental is estimated at $265.00. Staff recommends approval. Mr. Levinson inquired about the media sponsor. Mr. Barcinski stated it appears that there is no media sponsor listed. - 11 - 08/16/05 Mr. Levinson moved to approve subject to adding Condition #5 that none of the three newspapers serving our area be permitted to be engaged as the media sponsor. Due to a lack of a second, the following alternate motion was made: st Mrs. Archer moved to approve the Special Event request to allow the 1 Annual Strides for Lupus sponsored by the Lupus Foundation of America South East Chapter to be held on Saturday, January 14, 2006 per the conditions listed in the staff report, seconded Ms. McCarthy. 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.F. SPECIAL EVENT REQUEST/FILM FESTIVAL: Consider approval of a st special event request to endorse the 1 Annual Delray Beach Film Festival sponsored by Michael C. Posner to be held March 8-11, 2006 at Old School Square in the theater and pavilion area; including funding of Old School Square rental fees, technician fees, and historic preservation fees. Robert A. Barcinski, Assistant City Manager, stated this is a request to endorse st the proposed 1 Annual Delray Beach Film Festival sponsored by Michael C. Posner to be held March 8-11, 2006 at Old School Square in the theater and pavilion area. These costs include rental fees, technician fees and the historic preservation fee. Rental costs would be $7,357.50 which is at a 50% discount from retail, technician costs are $20 per hour with a four (4) hour minimum, and the historic fee is $1.00 per ticket sold. Mr. Barcinski stated the applicant has not provided proof of non-profit status. Mrs. Archer suggested that this item be deferred until more information is provided regarding proof of non-profit status. Mayor Perlman expressed concern that this would set a precedent for other groups to ask Old School Square to waive the fees and it comes back to the City having to pick up the fee. It puts the City is in a position where the taxpayers would subsidize an idea. He stated the clear answer is to get a sponsor and pay the fees. Mr. Levinson concurred with comments expressed by Mrs. Archer. Mrs. Archer moved to Table, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes; Mr. TABLE Levinson – Yes; Ms. McCarthy – Yes. Said motion to passed with a 5 to 0 vote. moved to Item 7.A., At this point, the time being 6:40 p.m., the Commission Presentation by Senator Jeffrey Atwater and Representative Adam Hasner. - 12 - 08/16/05 7.A.Senator Atwater and Representative Adam Hasner Senator Atwater and Representative Adam Hasner presented the City of Delray Beach with a check in the amount of $278,000 for the drainage programs. Senator Atwater and Representative Hasner signed the check and gave a few brief comments. On behalf of the City of Delray Beach, Mayor Perlman came forward to accept the check. Item 9.G. of the Regular Agenda. At this point, the Commission moved back to 9.G. SPECIAL EVENT REQUEST/FREEDOM RIDE: Consider approval of a special event request to endorse the “Freedom Ride 2005” sponsored by WIRK Radio Station to be held on Saturday, October 8, 2005 from 4:00 p.m. until 11:00 p.m., including granting a st temporary use permit per LDR Section 2.4.6(H) for the closure and use of N.E. 1 Avenue from Atlantic Avenue to the grounds of Old School Square; and authorize staff support for security and traffic control, barricade set-up/removal, EMS assistance, event signage; contingent on sponsor providing a hold harmless agreement, a certificate of liability insurance, a certificate of liquor liability insurance, and a copy of an agreement with the CRA for use of their parking lot no later than ten (10) days prior to the event; no bike parking allowed on the sidewalks on Atlantic Avenue. Robert A. Barcinski, Assistant City Manager, stated this is a request to endorse the “Freedom Ride 2005” to be held on October 8, 2005 from 4:00 p.m. - 11:00 p.m. on the grounds of Old School Square and approve staff support for traffic control and security, EMS assistance, trash removal and clean-up, barricade setup and removal, and event signage. The sponsor of the event is WIRK Radio Station. The purpose of the event is to show patriotism and support for our citizens serving in the Armed Forces. The event includes a motorcycle ride from West Palm Beach to Old School Square. Funds raised for the event will go to the Forgotten Soldiers Outreach, Inc. The estimated overtime cost for staff support is approximately $1,900.00 and event signage costs are approximately $250.00 for a total of $2,150.00. Per the Event Policies and Procedures, the event sponsor would be required to pay the City approximately $575.00. The Fire Department has indicated that they do not need to provide on-site EMS assistance. Mrs. Archer stated having owned and driven a motorcycle for several years and having participated in events like this in the past, she does not feel she can support this event in Delray Beach because, in her opinion, those participants generally do not abide by the local rules and they feel obligated to gun their motors and drive through local streets without regard to local residents. She stated she does not feel comfortable subjecting the residents to this kind of treatment. th Mr. Levinson suggested that a 4 condition be added so that the City is permitted to have some opportunity to discuss with the motorcyclists the need to be responsible citizens. Mrs. Ellis expressed concern over the noise that will be generated from the motorcycles and she was also concerned about the “beer garden”. - 13 - 08/16/05 Brief discussion followed by the Commission regarding the travel route of how the motorcyclists will enter into the city. Mayor Perlman stated the number one complaint he receives is about the motorcycle noise. He feels the City has been very supportive of the Forgotten Soldiers Outreach, th Inc. (i.e. July 4, etc.) because it is a great cause. However, Mayor Perlman stated there are too many unanswered questions with this request to be comfortable with supporting it. Prior to the vote, Ms. McCarthy stated she feels this could have been a good and valid event; however, she cannot support it because of all the unanswered questions. She stated there is not enough information provided in the agenda backup in order to be comfortable that it will not be something adverse. Ms. McCarthy stated it is not because they are proposing a “beer garden” and noted the Chamber of Commerce sold beer at the Delray Affair and things that people thought might happen did not happen just because beer was being sold. She would have felt more comfortable knowing the travel route and if the Police Department had some type of criteria so that they had a comfort level with how the motorcyclists would be entering and exiting the city. Mrs. Ellis moved to approve the Special Event request to endorse the “Freedom Ride 2005” proposed to be held on October 8, 2005, per staff’s recommendation, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Ellis – No; Mrs. Archer – DENIED No; Mr. Levinson – No; Ms. McCarthy – No; Mayor Perlman – No. Said motion was with a 5 to 0 vote. 9.H.AMENDMENT/CONSENT TO ASSIGNMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA)/JEG ASSOCIATES, INC./SMART, INC.: Consider approval of an amendment to the Interlocal Agreement with the Community Redevelopment Agency (CRA) and JEG Associates, Inc. and consent to assignment to Smart, Inc. for consulting services associated with the Southwest Neighborhood Plan. Mayor Perlman declared a Conflict of Interest and passed the gavel to Vice Mayor Levinson and left the dais. The City Attorney stated this is an amendment to the agreement and consent to assignment from JEG Associates, Inc. to Smart, Inc. The original Task 6 regarding the Community Land Trust is omitted from the scope of work and Task 7 is modified to provide for technical assistance with the financial aspects of various projects. Staff recommends approval of the assignment. Ms. McCarthy moved to approve the assignment of the Consulting Agreement between the City, Community Redevelopment Agency (CRA) and Smart, Inc., seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer – Yes; Vice Mayor Levinson – Yes; Ms. McCarthy – Yes; Mrs. Ellis – Yes. Said motion passed with a 4 to 0 vote. - 14 - 08/16/05 9.I.INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA)/GATEWAY FEATURE GRANT MATCH: Consider approval of an Interlocal Agreement with the Community Redevelopment Agency (CRA) for the funding of up to $150,000.00 for the 50/50 matching Florida Department of Transportation (FDOT) Grant for landscaping along West Atlantic Avenue. 1.RESOLUTION NO. 58-05: Consider approval of Resolution No. 58- 05 authorizing the City Manager to execute documents for the Florida Department of Transportation (FDOT) Highway Beautification Council Grant Application. The caption of Resolution No. 58-05 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AND SUBMIT AN APPLICATION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE FLORIDA HIGHWAY BEAUTIFICATION COUNCIL GRANT TO SUPPORT THE BEAUTIFICATION OF THE I-95/ATLANTIC AVENUE INTERCHANGE NORTH- BOUND OFF-AND ON-RAMPS, PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 58-05 is on file in the City Clerk’s office.) Richard Hasko, Director of Environmental Services, stated this item is to authorize the City of Delray Beach to apply for a Florida Department of Transportation (FDOT) Grant with the Community Redevelopment Agency (CRA) for landscaping along West Atlantic Avenue and approve Resolution No. 58-05 to authorize the City Manager to execute the appropriate documents. th Mrs. Archer commented on the two large trees on 12 Avenue and stated she would like to see these trees be preserved because they provide shade for the community in the surrounding the area. Vice Mayor Levinson stated at the CRA presentation and the Downtown Business Plan meeting, the intent was to provide a shaded area using those trees. Mrs. Archer moved to approve the Interlocal Agreement with the Community Redevelopment Agency (CRA) for the funding of up to $150,000.00 for the 50/50 matching Florida Department of Transportation (FDOT) Grant for the landscaping along West Atlantic Avenue, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Vice Mayor Levinson – Yes; Ms. McCarthy – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes. Said motion passed with a 4 to 0 vote. - 15 - 08/16/05 Mrs. Archer moved to approve Resolution No. 58-05, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes; Vice Mayor Levinson – Yes. Said motion passed with a 4 to 0 vote. At this point, Mayor Perlman returned to the dais. 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. 53-05: Rezoning from CBD (Central Business District) to CF (Community Facilities) for a 0.78 acre parcel of land for Delray Community Missionary stth Baptist Church, located on the north and south sides of S.W. 1 Street, west of S.W. 5 Avenue. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public (Quasi-Judicial Hearing) hearing has been scheduled to be held at this time. The caption of Ordinance No. 53-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CBD (CENTRAL BUSINESS DISTRICT) TO CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE NORTH STTH AND SOUTH SIDES OF SW 1 STREET, WEST OF SW 5 AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2005"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 53-05 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 Delray Beach, Florida. Mayor Perlman asked the Commission to disclose their ex parte communications. No ex parte communications were disclosed. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2005-127 into the record. Mr. Dorling stated this property has been rezoned several times in 1990 with City- wide rezonings from RM-6 (Multiple Family Residential – 6 du/ac) to RM (Medium Density Residential). On January 6, 2004, the City Commission approved a change in zone district from RM (Medium Density Residential) to GC (General Commercial) for Lots 9 and 10 Block 22, - 16 - 08/16/05 pursuant to the adopted Southwest Area Neighborhood Redevelopment Plan. In conjunction with the adopted Delray Beach Downtown Master Plan, on October 19, 2004, the City Commission approved Ordinance No. 31-04 which rezoned the subject site from GC (General Commercial) to CBD (Central Business District). The church is proposing to renovate the existing building to accommodate a meeting/fellowship hall and the construction of a 3,500 square foot sanctuary with classrooms and associated parking on the vacant parcels located at the stth southwest corner of S.W. 1 Street and S.W. 5 Avenue. As the CBD zone district does not allow churches or places of worship, a rezoning application has been submitted by the Church to change the zoning designation of the entire church holdings from CBD (Central Business District) to CF (Community Facilities). At its meeting of July 18, 2005, the Planning and Zoning Board held a public hearing in conjunction with the request. After discussing the proposal, the Board voted 6-0 to recommend approval of the rezoning. Mayor Perlman stated if anyone from the public would like to speak in favor or in opposition of the rezoning, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the rezoning, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 53-05 on Second and FINAL Reading, 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. 10.B.ORDINANCE NO. 62-05 (SECOND READING/SECOND PUBLIC HEARING): Privately initiated amendment to Land Development Regulations (LDR) Section 4.4.6(D)(11), “Medium Density Residential (RM) District; Conditional Uses and Structures Allowed”, to expand the geographical location where private beach clubs are allowed within the RM Zoning District. 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. 62-05 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 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SUBSECTION 4.4.6(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO EXPAND THE GEOGRAPHICAL LOCATION WHERE PRIVATE BEACH CLUBS ARE ALLOWED WITHIN THE RM ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. - 17 - 08/16/05 (The official copy of Ordinance No. 62-05 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 Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this is a privately initiated amendment to the Land Development Regulations that has been submitted on behalf of owners of the Seagate Beach Club to allow the inclusion of the Seagate Beach Club within the geographic area of the RM Zoning District where private beach clubs are allowed. The purpose for the proposed amendment is to provide an opportunity for the petitioner’s Club to remove its non-conforming/grandfathered status into that of a conditional use. The existing beach club will become a conforming conditional use, which will allow the owners to make an application to reconfigure it in a manner that is much more compatible with the surrounding area. At its meeting of July 18, 2005, the Planning and Zoning Board held a public hearing regarding the amendment. After discussion, the Board voted 6-0 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. 62-05, the public hearing was closed. Mr. Levinson moved to adopt Ordinance No. 62-05 on Second Reading/Second Public Hearing, 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. 10.C.ORDINANCE NO. 61-05 (SECOND READING/SECOND PUBLIC HEARING): Privately initiated amendment to Land Development Regulations (LDR), Section 4.4.19(D)(2), “Mixed Industrial and Commercial (MIC) District; Conditional Uses and Structures Allowed”, to add the storage and rental of heavy construction equipment not over 100’ long, 14’ wide, and 15’ high as a Conditional Use in the MIC (Mixed Industrial and Commercial) zoning district. Prior to consideration of passage of this ordinance on Second Reading/Second Public Hearing, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 61-05 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 4.4.19, "MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT", SUBSECTION 4.4.19(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO ADD THE STORAGE AND RENTAL OF HEAVY EQUIPMENT AS A - 18 - 08/16/05 CONDITIONAL USE IN THE MIC ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 61-05 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 Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this is a privately initiated LDR text amendment to add a new use know as the “Storage and Rental of Heavy Construction Equipment not over 100 feet long, 14 feet high”. The applicant has added a 250 foot separation requirement from any arterial roadway (except interstate 95) for this use. The revision also includes buffer requirements that include either a 6 foot high wall or 6 foot high hedge together with increase perimeter landscape buffer and trees. In addition to the buffer requirements and per the revisions that were requested by the City Commission on first reading, there is also a section that requires when adjacent to a public building, school, park, library or residential area that a minimum six (6) foot berm be provided and on top of that berm either a six (6) foot high hedge or wall be constructed. The amendment is consistent with the goals and objectives of the policy of the Comprehensive Plan and the positive findings are made in the staff report. At its meeting of July 18, 2005, the Planning and Zoning Board held a public hearing regarding the amendment. After discussing the amendment, the Board voted 6-0 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. 61-05, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 61-05 on Second Reading/Second Public Hearing, 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. 10.D.ORDINANCE NO. 57-05 (FIRST READING/FIRST PUBLIC HEARING): Rezoning from PC (Planned Commercial) in part, and PRD (Planned Residential Development) in part, to OSR (Open Space and Recreation) for an 11.15 acre parcel of land for Bexley Park, located between Barwick Road and Military Trail north of the L-31 Canal. If passed, a second public hearing will be scheduled for September 6, 2005. The caption of Ordinance No. 57-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PC (PLANNED COMMERCIAL) DISTRICT IN PART AND PRD (PLANNED RESIDENTIAL - 19 - 08/16/05 DEVELOPMENT) DISTRICT IN PART TO OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE EAST SIDE OF MILITARY TRAIL, NORTH OF THE L-31 CANAL, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2005"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 57-05 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 Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated at its meeting of June 16, 2003, the Planning and Zoning Board approved a Master Development Plan for the entire 55 acre Bexley Park development. The development includes a 264 lot subdivision and consists of 101 single-family zero lot line homes, 82 three-story town homes, and 81 two-story triplex villas, a publicly dedicated 11.15 acre park site and 3.78 acre lake parcel. He stated the residential components are under construction at this time and this petition involves the 11.15 acre park site currently zoned PRD (Planned Residential Development) which does not allow parks. The requested change is from PRD (Planned Residential Development) and PC (Planned Commercial) to OSR (Open Space and Recreation) which would allow and accommodate the construction of the future park at this location. The rezoning to OSR is being processed concurrently with a Future Land Use Map amendment from LD (Low Density Residential) in part and GC (General Commercial) in part to OS (Open Space). Mr. Dorling stated this is the first reading on the rezoning and the second reading of the rezoning will occur at the same meeting as the adoption hearing of the Comprehensive Plan amendment. At its meeting of July 18, 2005, the Planning and Zoning Board held a public hearing regarding the rezoning and related Future Land Use Map amendment. After discussion, the Board voted 6-0 (Jill Morris resigned) to recommend approval of the rezoning from PRD (Planned Residential Development) and PC (Planned Commercial) to OSR (Open Space and Recreation) for Bexley Park. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 57-05, the public hearing was closed. Ms. McCarthy moved to approve Ordinance No. 57-05 on First Reading/First Public Hearing, seconded by Mrs. Archer. 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. - 20 - 08/16/05 10.E. ORDINANCE NO. 49-05: City initiated amendment to Land Development Regulations (LDR), Section 2.4.3(K)(1), “Development Applications”, to provide for an increase in the Development Application Fees. 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. 49-05 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 2.4.3(K), "FEES", SUBSECTION 2.4.3(K)(1), "DEVELOPMENT APPLICATIONS", TO PROVIDE FOR AN INCREASE IN THE DEVELOPMENT APPLICATION FEES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 49-05 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 Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated during the time these fees were last raised, the City Commission directed staff to consider raising the fees every few years. Staff reviewed the fee schedule and determined that an increase in fees of 5% is justified. The fees have been rounded up in increments of five dollars ($5.00). This increase would place the City of Delray Beach’s fees in the midrange of the municipalities surveyed. In addition, the proposal includes a new fee for a Certificate of Appropriateness (COA) as it relates to new construction and additions in historic districts that require review by the Board. Also, a new fee is proposed for demolition requests within historic districts and requests to relocate structures out of the district. Mr. Dorling stated there is a significant increase in the zoning verification letters increasing from $55.00 to $110.00. Since the development community is asking for significant research, this fee is being increased to justify the staff time necessary to do this. At its meeting of June 20, 2005, the Planning and Zoning Board held a public hearing regarding the amendment. After discussion, the Board voted 7-0 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. 49-05, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 49-05 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; Mrs. Archer – Yes; Mr. Levinson – Yes. Said motion passed with a 5 to 0 vote. - 21 - 08/16/05 10.F.ORDINANCE NO. 64-05: An ordinance amending Chapter 95, “Emergency Management”, by enacting Section 95.16, “Portable Generators”, to provide for the regulation of portable generators. 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. 64-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 95, “EMERGENCY MANAGEMENT”, BY ENACTING SECTION 95.16, “PORTABLE GENERATORS”, TO PROVIDE FOR THE REGULATION OF PORTABLE GENERATORS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 64-05 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 Delray 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. 64-05, the public hearing was closed. Mr. Levinson suggested that information regarding the portable generators be placed in the next News for Neighborhoods Newsletter. Ivan Ladizinsky, Public Information Officer, stated this is already in the utility bills. Ms. McCarthy stated if this does not take up too much space, she too feels this information should be placed in the News for Neighborhoods Newsletter as suggested by Vice Mayor Levinson. Mr. Levinson moved to adopt Ordinance No. 64-05 on Second and FINAL Reading, 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. Item 11, Comments and Inquiries on At this point, the Commission moved to Non-Agenda Items from the City Manager and the Public. 11.A.City Manager’s response to prior public comments and inquiries. The City Manager stated the City received a long list of concerns that S.A.F.E. (Safety As Floridians Expect) had about the Federal Highways and noted staff will review and provide S.A.F.E. with a written response. - 22 - 08/16/05 11.B.From the Public. 11.B.1.Geraldine Thompson Hudson, 551 Davis Road, Delray Beach, expressed concern over the safety at the entrance and exit of Delray Shores (Sudan subdivision). She stated, at one time she was the President of Delray Shores and petitioned for a traffic light at the intersection of Davis Road and Lake Ida Road. Consequently, a survey was done during the summer and at that time it did not warrant a traffic light at this location. However, Ms. Hudson stated now with the new Atlantic High School and the buses traveling down Davis Road, there is a dire need for a traffic light at this intersection. th 11.B.2.Jerrod Becker, 426 N.E. 7 Avenue, Delray Beach (#1-B), expressed concern th over the poor condition of the alleyway that runs parallel between N.E. 6Avenue (northbound thth Federal Highway) and N.E. 7 Avenue and an alley between N.E. 4 Street (Lake Ida) and N.E. th 5Street. He stated the alleyway (directly behind the Muffler store) has been an eyesore as long as he has lived there. There are potholes and standing water. He commented that the alleyway going down Atlantic Avenue has been redone and asked when the City plans to fix this area. Secondly, Mr. Becker stated he drives down Lake Ida Road every morning to get to work and when the school buses pull out of Davis Road they stop in the middle of Lake Ida Road because they have to cross four lanes of traffic to make a left hand turn. He stated every day people have to stop to keep from hitting the back end of a school bus that is hanging out in the road because the bus drivers cannot get across Lake Ida Road. Mr. Levinson stated Palm Beach County had informed the City of Delray Beach that after Atlantic High School was built, they would resurvey. Because of the buses, the City may now be able to get a light where before we could not. Item 9.J., At this point, the time being 7:25 p.m., the Commission moved back to Proposal for Settlement in Williams v. City of Delray Beach. 9.J. PROPOSAL FOR SETTLEMENT IN WILLIAMS v. CITY OF DELRAY BEACH: Consider a Proposal for Settlement in the amount of $12,499.99 in Williams v. City of Delray Beach. Staff recommendation is acceptance. Mr. Levinson moved to approve the Proposal for Settlement in the Williams v. City of Delray Beach in the amount of $12,499.99, 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. 9.K. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint two (2) regular members to the Board of Adjustment and two (2) alternate members for two (2) year terms ending August 31, 2007. Based upon the rotation system, the appointments will be made by Commissioner McCarthy (Seat #4), Mayor Perlman (Seat #5), (Commissioner Ellis (Seat #1), and Commissioner Archer (Seat #2). - 23 - 08/16/05 Ms. McCarthy moved to reappoint Lisa Shaheen as a regular member to the Board of Adjustment for a two (2) year term ending August 31, 2007, 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. Mayor Perlman stated he wished to reappoint Bryce Newell as a regular member to the Board of Adjustment for a two (2) year term ending August 31, 2007. Ms. McCarthy so moved, seconded by Mrs. Archer. 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. Mrs. Ellis moved to reappoint Sigurdur Hardester as an alternate member to the Board of Adjustment for a two (2) year term ending August 31, 2007, 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. Mrs. Archer moved to appoint William Branning as a regular member to the Board of Adjustment for a two (2) year term ending August 31, 2007, seconded by Mr. Levinson. 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.L. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD: Appoint three (3) regular members to the Historic Preservation Board for two (2) year terms ending August 31, 2007. Based upon the rotation system, the appointments will be made by Commissioner Ellis (Seat #1), Commissioner Archer (Seat #2), and Commissioner Levinson (Seat #3). Mrs. Ellis moved to reappoint John Miller, Jr. as a regular member to the Historic Preservation Board for a two (2) year term ending August 31, 2007, 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. Mrs. Archer moved to appoint JoAnn Peart as a regular member to the Historic Preservation Board for a two (2) year term ending August 31, 2007, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer – Yes; Mr. Levinson – No; Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes. Said motion passed with a 4 to 1 vote, Commissioner Levinson dissenting. Mr. Levinson moved to reappoint Randee Schatz as a regular member to the Historic Preservation Board for a two (2) year term ending August 31, 2007, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman –Yes; Mrs. Ellis – Yes; Mrs. Archer – No. Said motion passed with a 4 to 1 vote, Commissioner Archer dissenting. - 24 - 08/16/05 9.M. APPOINTMENTS TO THE PLANNING AND ZONING BOARD: Appoint three (3) regular members to the Planning and Zoning Board for two (2) year terms ending August 31, 2007. Based upon the rotation system, the appointments will be made by Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), and Commissioner McCarthy (Seat #4). Mrs. Archer stated she would like to defer her appointment to the next regular meeting of September 6, 2005. Mr. Levinson moved to appoint Nelson McDuffie as a regular member to the Planning and Zoning Board for a two (2) year term ending August 31, 2007, 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. Ms. McCarthy stated she would like to defer her appointment to the next regular meeting of September 6, 2005. 9.N. APPOINTMENTS TO THE PUBLIC ART ADVISORY BOARD: Appoint one (1) regular member to the Public Art Advisory Board for a one (1) year term ending August 2, 2006 and appoint one (1) regular member for a two (2) year term ending August 2, 2007. Based upon the rotation system, the appointments will be made by Commissioner Ellis (Seat #1). Mrs. Ellis moved to appoint Mary Smith as a regular member to the Public Art Advisory Board for a one (1) year term ending August 2, 2006, 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. Mrs. Ellis moved to appoint Roger Hurlburt as a regular member to the Public Art Advisory Board for a two (2) year term ending August 2, 2007, 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. Item 12, First Readings. At this point, the Commission moved to 12.FIRST READINGS: 12.A.ORDINANCE NO. 58-05: Voluntary annexation via water service agreement for a 4.72 acre parcel of land which contains Watkins Motor Lines Truck Terminal, located on the west side of Military Trail, approximately 1,400 feet south of Lake Ida Road. If passed, a public hearing will be scheduled for September 6, 2005. The caption of Ordinance No. 58-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO - 25 - 08/16/05 THE CITY OF DELRAY BEACH, PARCELS OF LAND LOCATED ON THE WEST SIDE OF MILITARY TRAIL, 100 FEET NORTH OF CONKLIN DRIVE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL 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 SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 58-05 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 4.72 acre site which contains the Watkins Truck Terminal and is located in unincorporated Palm Beach County. The Watkins Truck Terminal was legally established by Resolution No. 71-299 and approved on August 19, 1971 by the Palm Beach Board of County Commissioners. The property is located within the City’s Planning Area (Future Annexation Area) and the owner is subject to a voluntary annexation clause via an executed water service agreement. At its meeting of July 18, 2005, the Planning and Zoning Board held a public hearing in conjunction with the request. After discussing the proposal, the Board voted unanimously to recommend approval. Ms. McCarthy moved to approve Ordinance No. 58-05 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes. Said motion passed with a 5 to 0 vote. 12.B.ORDINANCE NO. 63-05: Voluntary annexation via water service agreement for a 0.96 acre parcel of land which contains Valero Gas Station, located on the west side of Military Trail, approximately 1,400 feet south of Lake Ida Road. If passed, a public hearing will be scheduled for September 6, 2005. The caption of Ordinance No. 63-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, PARCELS OF LAND LOCATED ON THE WEST SIDE OF MILITARY TRAIL, 100 FEET NORTH OF CONKLIN DRIVE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE - 26 - 08/16/05 RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 63-05 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 0.96 acre site which contains Valero Gas Station and is currently located within the City’s Planning Area (Future Annexation Area) and the City is executing and annexation clause. The Valero Gas Station was legally established by Resolution No. 81-1212 approved on September 29, 1981 by the Palm Beach Board of County Commissioners. At is meeting of July 18, 2005, the Planning and Zoning Board held a public hearing in conjunction with the request. After discussing the proposal, the Board voted unanimously to recommend approval. Mrs. Ellis moved to approve Ordinance No. 63-05 on FIRST 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; Mrs. Archer – Yes. Said motion passed with a 5 to 0 vote. 12.C.ORDINANCE NO. 66-05: Voluntary annexation via water service agreement for a 3.45 acre parcel of land which contains the Public Self Storage facility, located on the west side of Military Trail, approximately 1,400 feet south of Lake Ida Road. If passed, a public hearing will be scheduled for September 6, 2005. The caption of Ordinance No. 66-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, PARCELS OF LAND LOCATED ON THE WEST SIDE OF MILITARY TRAIL, 100 FEET NORTH OF CONKLIN DRIVE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL 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 SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 66-05 is on file in the City Clerk’s office.) The City Attorney read the caption of the ordinance. - 27 - 08/16/05 Paul Dorling, Director of Planning and Zoning, stated this is a 3.45 acre parcel and contains a Public Self Storage facility. The Public Self Storage facility was legally established by Resolution No. 84-1857 and approved on December 11, 1984 by the Palm Beach Board of County Commissioners which granted a special exception to allow an enclosed storage facility on the property. The property is currently receiving water service from the City and is contiguous to the City limits to the east. The water is being provided pursuant to a water service agreement executed on May 18, 1979 which included a voluntary annexation clause. At its meeting of July 18, 2005, the Planning and Zoning Board held a public hearing in conjunction with the request. After discussing the proposal, the Board voted unanimously to recommend approval. Mrs. Archer moved to approve Ordinance No. 66-05 on FIRST Reading, 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. Levinson – Yes. Said motion passed with a 5 to 0 vote. Item 13, Comments and Inquiries on At this point, the Commission moved to Non-Agenda Items from the City Commission . 13.A.City Manager The City Manager stated at the Palm Beach County League of Cities Board meeting there was a presentation regarding and Economic Summit which will be held on thth November 9 and 10 at the Civic Center in West Palm Beach. He stated there will be a $45.00 registration fee with more information to follow. The City Manager stated it has been approximately 12-15 years since there was a County-wide Economic Summit. Secondly, the City Manager stated there will be a Strategic Planning Retreat for th the Palm Beach County League of Cities on September 14. He stated there will be a Gold Coast League of Cities Breakfast in Orlando on Saturday morning (August 20, 2005). Lastly, the City Manager stated he had asked each department to develop a detailed list of everything they do with the idea that there may be things we do not need to be doing anymore. He distributed copies of the list to the City Commission. 13.B.City Attorney The City Attorney had no comments or inquiries on non-agenda items. - 28 - 08/16/05 13.C.City Commission 13.C.1.Mr. Levinson Mr. Levinson congratulated Mrs. Wesley and the Roots Festival. Secondly, he stated he had the opportunity today to listen to the replay of Carol Coletta’s Radio Show where there were two individuals (one from Chicago and Mayor Perlman) who had been on the national radio show. Mr. Levinson stated it was very good and allowed the City to tell of its success. He encouraged everyone to access the website and replay the audio. Mr. Levinson commented that Mayor Perlman was on MPR Sunday evening at 7:00 p.m. Lastly, Mr. Levinson stated Herb Hiller (who is very well known in the travel and tourism industry) has written a new book called “Highway A-1-A Florida at the Edge”. Mr. Levinson read the following quote into the record: “Hiller identified West Palm Beach and Delray Beach as two cities that ‘get Florida right’ and he applauds City planners for dense village style development such as City Place, Clematis in West Palm Beach and Atlantic Avenue in Delray Beach.” 13.C.2.Ms. McCarthy Ms. McCarthy congratulated Mayor Perlman for his debut on the radio show MPR and stated it was very well done. Secondly, she stated she had the opportunity to attend the Black Journalist Luncheon in West Palm Beach and it was extremely well done. Ms. McCarthy stated one of the local businesses had sponsored a table and asked her to join them for the luncheon. She congratulated Mrs. Wesley for the outstanding job with the Roots Festival. Ms. McCarthy stated she is hopeful that in the future there will be additional helpers to assist with the busy work at the Roots Festival. 13.C.3. Mrs. Ellis Mrs. Ellis stated she appreciates the warm thoughts from everyone when she was out ill and she is glad to be back. Secondly, Mrs. Ellis stated she is planning to attend the Florida League of Cities Conference this weekend; however, at this point, she has to limit what she will partake of and asked the Commission to suggest those conferences/seminars that are really worthwhile to attend. Mayor Perlman stated the Commission typically splits up the conferences/seminars and they can discuss this in order to cover as much ground as possible. - 29 - 08/16/05 13.C.4.Mrs. Archer Mrs. Archer apologized for not being able to attend any of the Roots Festival nd events this weekend because she was in the Keys celebrating her granddaughter’s 2 birthday. She stated she attended the O’Bon Festival on Saturday evening hosted by Morikami and noted there was a huge turnout. Lastly, Mrs. Archer commended Mayor Perlman for his wonderful efforts regarding Public Relations and what he has done for Delray Beach. She stated he is doing an outstanding job which is really good for the city. 13.C.5.Mayor Perlman Mayor Perlman welcomed back Commissioner Ellis who missed a few meetings due to an illness. He thanked Commissioner Ellis’ daughter for keeping the Commission abreast of her condition. Secondly, Mayor Perlman stated he has been a fan of the MPR show and each week they have interesting guests. He stated he received a call from people in Smyrna, Georgia (outside Atlanta) and they are intrigued by Delray Beach. Mayor Perlman stated Otis White has written about Smyrna and also noted that he received a call from a community outside of Baton Rouge, Louisiana. He stated Delray Beach was recently referenced in a New York Times Magazine. Mayor Perlman stated in the final years of the Clinton Administration former President Clinton did an appropriation for a “Chimp Retiree Sanctuary” in Fort Pierce (a cover story where chimps go to retire) and the reference was that it was the monkey version of Delray Beach. Mayor Perlman stated the City received a check from Senator Jeffrey Atwater and Representative Adam Hasner and commended staff, the local delegation, and lobbyists in Tallahassee for a job well done. Mayor Perlman stated the City of Delray Beach received $20.00 back for every $1.00 spent on their investment. He stated there is a lot of expertise in both the House and the Senate and he expects good things in the upcoming session from the team in Tallahassee. He commented about the study that FAU released, and that Ivan Ladizinsky wrote a good press release about the planning that has gone into Delray Beach and how this sets us apart from other cities. He stated the Roots Festival was very good and he enjoyed the parade and Prayer Breakfast. Mayor Perlman stated Commissioner McCarthy gave a great tribute to Bob Barcinski and all he does to make things happen behind the scenes. Mayor Perlman stated at the Prayer Breakfast Pastor Reeve from St. Paul AME Church in Boynton Beach spoke about community - 30 - 08/16/05 - unity. In addition, Mayor Perlman stated Elizabeth Butler recited a spectacular poem which she wrote. Mayor Perlman stated Mr. Bob Hagel is recovering at Delray Medical and asked everyone to keep him in their prayers. There being no further business, Mayor Perlman declared the meeting adjourned at 7:59 p.m. ~~~ Acting City Clerk ATIEST~ l 4- MAYOR The undersigned is the Acting City Clerk of the City of Delray Beach, Florida, and the - information provided herein is the Minutes of the Regular City Commission Meeting held on Tuesday, August 16, 2005, which Minutes were formally approved and adopted by the City Commission on - ~L.~Oo~ Acting City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. ! i - 31 - 08/16/05 -----