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09-06-05 Minutes SEPTEMBER 6. 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, September 6,2005. 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 2. The opening prayer was delivered by Commissioner McCarthy. 3. The Pledge of Allegiance to the flag of the United States of America was gIven. At this point, Mayor Perlman stated he would like to observe a moment of silence for the victims of Hurricane Katrina as well as the survivors. 4. AGENDA APPRO V AL. Mayor Perlman stated Item 9.K., Old School SQuare Gara2e Presentation is being moved to Item 7.A. (Presentations). The City Attorney stated she would like to amend Item 9.A., Appeal of Site Plan Review and Appearance Board Decision/Sea2ate Hotel to also include the Appeal of Bankoff. LLC. In addition, she requested that Item 10.D., Ordinance No. 57-05 (Second Readin2/Second Public Hearin2) be postponed to the Regular City Commission of September 20, 2005 because of advertising reasons. Mrs. Ellis moved to approve the Agenda as amended, 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. 09/06/05 5. APPROVAL OF MINUTES: Ms. McCarthy moved to approve the Minutes of the Regular Meeting of August 16, 2005, seconded by Mrs. Ellis. 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. Mrs. Archer moved to approve the Minutes of the Special/Workshop Meeting of August 23, 2005, 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. 6. PROCLAMA TIONS: 6.A. Reco2nizin2 and Commendin2 the Delrav Beach Barracudas Swim Team Mayor Perlman read and presented a proclamation hereby recognizing and commending the Delray Beach Barracudas on their team effort, hard work, and outstanding representation of the City of Delray Beach. The following individuals came forward to accept a proclamation: For Superior Achievement: Kiera Lowery Kyrsten Lowery Angelique Negron Charles Price Julie Kaczor Macarena Ray Andrew Bowdrey Jasmine Andrews Savanna Hefferman Dexter Jones Dalton Jones 6.B. Reco2nizin2 and Commendin2 Ser2eant Thomas Tustin. Detective Robert Stevens. and Detective Gene Sapino Mayor Perlman read and presented a proclamation hereby commending and recognizing Detective Robert Stevens, Sergeant Thomas Tustin, and Detective Gene Sapino for their dedication, working long nights, and their extended time out of the state. Detective Robert Stevens, Sergeant Thomas Tustin, and Detective Gene Sapino came forward to accept a proclamation. - 2 - 09/06/05 7. PRESENTATIONS: 7.A. Old School SQuare Parkin2 Gara2e Presentation Richard Hasko, Director of Environmental Services, stated this is the final form of the proposals for the Old School Square parking garage. He stated this proposal has been presented to numerous boards and committees and asked for direction from the Commission. Ian Nessler, Consultant with PGAL, briefly explained the proposal for the parking garage and stated there is operational flexibility in addition to the garage functions. Gary Eliopoulos, Architectural Firm for PGAL, briefly reviewed the exterior architectural elevations for the Old School Square parking garage. Ian Nessler stated over a couple of months they met with nine different boards to review the plans and elevations as seen this evening and presented the comments as well as the information regarding the garage design itself. Mr. Nessler stated there will be between 510 and 525 parking spaces. Mr. Hasko stated the elevations, floor plans, and a little bit of site work will cost approximately $11.4 million. Mayor Perlman stated he is very pleased with the design of the garage and is please that Mr. Nessler has built in some flexibility for the top so that there could be events held there and feels this could be a very interesting feature and good amenity for the community to have this ability. Brief discussion between the Commission, Mr. Nessler, and Mr. Hasko followed. Mr. Hasko stated the $11.4 million has an inflationary contingency built into it. Mr. Levinson stated that the parking garage should be hurricane resistant and noted that this garage could potentially be a good place to park City vehicles in the event of a hurricane. Mr. Hasko stated the Fire Chief has indicated that these parking structures work well as shelters of last resort in the event of a hurricane. - 3 - 09/06/05 8. CONSENT AGENDA: Citv Mana2er Recommends Approval. 8.A. CONFIRMA TION/RESCISSION OF EMERGENCY RESOLUTION: Confirm Emergency Resolution A pursuant to Chapter 95 of the City Code of Ordinances and approve the rescission of Emergency Resolution A. 8.B. ACCEPTANCE OF EASEMENT DEED/95 S.W. 5TH A VENUE: Approve and accept an easement deed between the City and Vincent Vasquez to allow the City to install a sidewalk along S.W. 5th Avenue. 8.C. REQUEST FOR SIDEWALK DEFERRAL/750 S.W. 17TH A VENUE: Approve a request to defer the installation of a sidewalk in front of 750 S.W. 1 ih A venue. Staff recommends approval. 8.D. RESOLUTION NO. 62-05: Approve Resolution No. 62-05 assessing costs for abatement action required to remove nuisances on nine (9) properties throughout the City. The caption of Resolution No. 62-05 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRA Y BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 62-05 is on file in the City Clerk's office. ) 8.E. RESOLUTION NO. 63-05: Approve Resolution No. 63-05 declaring an allocation of payments by purchasers of retail space in the Old School Square Parking Project to equity or the repayment of a taxable bank line of credit. The caption of Resolution No. 63-05 is as follows: A RESOLUTION OF THE CITY OF DELRA Y BEACH, FLORIDA ALLOCATING PAYMENTS BY PURCHASERS OF RETAIL SPACE IN THE OLD SCHOOL SQUARE PARKING - 4 - 09/06/05 PROJECT TO EQUITY OR THE REPAYMENT OF A TAXABLE BANK LINE OF CREDIT. (The official copy of Resolution No. 63-05 is on file in the City Clerk's office. ) 8.F. RESOLUTION NO. 64-05: Approve Resolution No. 64-05 opposing Senate Bill 1504, "Broadband Investment and Consumer Choice Act", which would preempt the City's authority over cable and video services, abrogate the franchise agreement with Adelphia, lower the City's revenue for cable services, and reduce the City's public, educational, and government (PEG) capacity. The caption of Resolution No. 64-05 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, EXPRESSING OPPOSITION TO SENATE BILL 1504 KNOWN AS THE "BROADBAND INVESTMENT AND CONSUMER CHOICE ACT" (S. 1504), URGING CONGRESSIONAL REPRESENTATIVES TO REFRAIN FROM ANY FORM OF SUPPORT OR CO- SPONSORSHIP OF S. 1504 AND TO VOTE IN OPPOSITION TO S. 1504, AND DIRECTING THAT THIS RESOLUTION BE FORWARDED TO THE FLORIDA CONGRESSIONAL DELEGATION, OTHER MEMBERS OF CONGRESS AS DEEMED APPROPRIATE, AND THE PRESIDENT OF THE UNITED STATES; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 64-05 is on file in the City Clerk's office. ) 8.G. PURCHASE ORDER INCREASE/OTTO WASTE SYSTEMS: Approve an increase of $21,350.00 to blanket purchase order #624061, Otto Waste Systems, for the purchase of 500 garbage carts with lids and wheels. Funding is available from 433-3711-534-49.35 (Sanitation Fund/Cart Renewal and Replacement). 8.H. SPECIAL EVENT REQUEST/THE FRIENDS OF SANDOW A Y HOUSE NATURE CENTER. INC./DANCING IN THE DUNES: Approve a request from The Friends of Sandoway House Nature Center, Inc., for their annual fundraiser, "Dancing in the Dunes", to grant a temporary use permit per LDR Section 2.4.6(H) for the use of the southern portion of the Sandoway Parking Lot from 8:00 a.m. on November 11, 2005 through noon on November 14,2005, and use of the balance of the Sandoway Lot and the Ingraham Parking Lot for valet parking from 3 :00 p.m. until midnight on November 12, 2005, use of the park restrooms, City generator, and staff assistance for security and restroom cleaning; contingent on the sponsor providing liquor liability insurance, liability insurance, and a hold harmless agreement. - 5 - 09/06/05 8.1. SERVICE AUTHORIZATION NO. 3/WESTERN/SENIOR COMMUNITY CENTER/ROBERT W AL TERS ARCHITECTS. INC.: Approve Service Authorization No. 3 to Robert Walters Architects, Inc. in the amount of $122,500.00 for preliminary design services related to the development of the Western/Senior Community Center. Funding is available from 380-4150-572-62.58 (2004 G.O. Bond/ SeniorlWestern Community Center) FY 05/06. 8.J. CHANGE ORDER NO. 3IFINAL PAYMENT/ROSSO PAVING AND DRAINAGE. INC.: Approve Change Order No. 3 in the amount of a $1,243.20 decrease, and final payment in the amount of $7,640.67 to Rosso Paving and Drainage, Inc. for completion of the Plumosa Park Improvements Project. Funding is available from 334-6111-572-65.79 (General Construction Fund/Plumosa Park). 8.K. CONTRACT ADDITION (CHANGE ORDER NO. 3)!ASPHALT CONSULTANTS.INC: Approve a Contract Addition (Change Order No.3) between the City and Asphalt Consultants, Inc. in the amount of $102,169.20 for parking area improvements and the addition of pull boxes and electrical changes with the light poles as part of the N.W./S.W. 5th Avenue Beautification Project. The Community Redevelopment Agency (CRA) will fund this contract addition. Funding is available from 334-3162-541-65.83 (General Construction Fund/N.W./S.W. 5th Avenue). 8.L. AGREEMENTIFITZY'S PROJECT: Approve an agreement with developer, Marit Fitzpatrick and Symon James, to pay the City $7,700.00 for the construction of a sidewalk and relocation of a Florida Power & Light pole as part of the development approval of the Fitzy's Project. Funding is available from 334-3162- 541.65.88 (General Construction Fund/S.E./N.E. 1st Street One-Way Pair). 8.M. AGREEMENT FOR LOBBYING SERVICES/KA THLEEN E. DALEY: Approve an agreement for consultant/lobbying services between the City and Kathleen E. Daley and Associates, Inc. in the amount of $48,000.00 for the period October 1, 2005 through September 30,2006. Funding is available from 001-1111-511- 34.90 (General Fund/Other Contractual Services). 8.N. AGREEMENT/BOCA RATON EDUCA TIONAL TELEVISION (BRET): Approve an agreement between the City and Boca Raton Educational Television (BRET) to provide public service programming on government access cable. 8.0. LANDSCAPE MAINTENANCE AGREEMENT/HARBOUR HOUSE TOWNHOMES: Approve and accept a landscape maintenance agreement associated with the Harbour House Townhomes Project, located at the northwest corner of the Intracoastal Waterway and N.E. 1st Street. 8.P. FLORIDA EAST COAST RAILWAY COMPANY (FEC)/N.E. 1ST STREET CROSSING REHABILITATION: Approve a reimbursement to the Florida East Coast Railway Company (FEC) in the estimated amount of $93,808.00 for reconstruction of the N.E. 1 st Street crossing per provisions of the 1985 FEC License Agreement. Funding is proposed in the 2005/2006 CIP budget account 334-3162-541- - 6 - 09/06/05 46.90 (General Construction Fund/FEC Crossing Rehab/Other Repair/Maintenance Costs). ~ GRANT A W ARD/EDW ARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG): Approve and accept the Edward Byrne Memorial Justice Assistance Grant (JAG) award in the amount of $61,592.00 which will provide funding for the Police Department's Volunteer Program and Holiday Task Force Overtime; and accept the award documentation, program narrative, and budget narrative. 8.R. RESOLUTION NO. 66-05 (STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) LOCAL HOUSING ASSISTANCE PLAN): Approve Resolution No. 66-05 adopting the amended Local Housing Assistance Plan for Fiscal Years 2004-2007 pursuant to Title 67-37 of the Florida Administrative Code. The caption of Resolution No. 66-05 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, ADOPTING THE AMENDED LOCAL HOUSING ASSISTANCE PLAN PURSUANT TO THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM AS ATTACHED HERETO; ESTABLISHING A MAXIMUM COST PER UNIT, THE STRATEGIES AND INCENTIVES OF THE PLAN, THE MAXIMUM SHIP FUNDS ALLOW ABLE FOR ASSISTANCE, THE MAXIMUM SHIP FUNDS FOR ADMINISTRATIVE EXPENSES; AUTHORIZING THE NECESSARY CERTIFICATIONS BY THE MAYOR AND AUTHORIZING SUBMISSION OF THE PLAN TO THE STATE HOUSING FINANCE CORPORATION; PROVIDING FOR AN EFFECTIVE DATE UPON APPROV AL. (The official copy of Resolution No. 66-05 is on file in the City Clerk's office. ) 8.S. RESOLUTION NO. 67-05 (STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) HURRICANE HOUSING ASSISTANCE PLAN): Approve Resolution No. 67-05 adopting the State Housing Initiatives Partnership (SHIP) Hurricane Housing Assistance Plan for Fiscal Years 2005-2008 pursuant to Title 67-37 of the Florida Administrative Code. - 7 - 09/06/05 The caption of Resolution No. 67-05 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, ADOPTING THE HURRICANE HOUSING ASSISTANCE PLAN PURSUANT TO THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM AS ATTACHED HERETO; AUTHORIZING THE NECESSARY CERTIFICATIONS BY THE MAYOR AND AUTHORIZING SUBMISSION OF THE PLAN TO THE STATE HOUSING FINANCE CORPORATION; PROVIDING FOR AN EFFECTIVE DATE UPON APPROV AL. (The official copy of Resolution No. 67-05 is on file in the City Clerk's office. ) 8.T. FUNDING ADJUSTMENT/SWINTON AVENUE BEAUTIFICATION: Approve an adjustment to funding sources for the Swinton Avenue Beautification Phase II Project which was approved by Commission on July 19, 2005. The improvements along N.W. 1st Street in the amount of $34,231.00 will be funded from account 380-4150-572-63.28 (2004 G.O. Bond/Pompey Park/Community Center). 8.U. CLUB CAR. INC./GOLF CARTS: Approve a lease purchase agreement between the City and Club Car, Inc. in the net amount of $117,540.00 via the Indian River County Bid #7019 for sixty (60) golf carts for the Lakeview Golf Course. Funding is available from 446-4761-572-64.90 (Lakeview Golf Course Fund/Other Machinery/ Equipment) FY 05/06. 8.V. AMENDMENT TO ADMINISTRA TIVE SERVICES AGREEMENTS/ICMA RETIREMENT CORPORATION: Approve an amendment to the Administrative Services Agreements with ICMA Retirement Corporation to provide for the elimination of the Plan Administration Fee and the Mutual Funds Fee. 8.W. RA TIFICA TION OF APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Ratify the reappointment of Thomas Carney as the West Atlantic Redevelopment Coalition (W ARC) Representative for a two (2) year term ending July 1, 2007. 8.X. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period August 15,2005 through September 2,2005. - 8 - 09/06/05 8.Y. AWARD OF BIDS AND CONTRACTS: 1. Contract renewal with Chemical Lime Company for the purchase of bulk Quicklime at an estimated annual cost of $500,400.00 via the City of Boynton Beach Co-op Bid #068-2821-05/JA. Funding IS available from 441-5122-536-52.21 (Water/Sewer Fund/Chemicals) FY 05/06. 2. Contract award to RCC Consultants, Inc. in the amount of $46,000.00 for the City's 800 MHz radio coverage improvements for Highland Beach and the annexation area of the Delray Medical Center. Funding is available from 001-2311-522-31.90 (General Fund/Other Professional Services). 3. Purchase award to R. George & Associates, Inc. in the amount of $81,748.00 for the purchase of 135 chairs for the Delray Beach Public Library. Funding is available from 380-3552-571-64.10 (2004 G.O. BondlLibrary/Office Furniture/ Fixtures). 4. Purchase award to Allcomm Networks, Inc. in the amount of $20,400.00 for the purchase of materials and installation to complete the underground fiber optic loop from Fire Station #1 to City Hall. Funding is available from 334-6111-519-62.45 (General Construction Fund/Capital OutlaylData Cabling). 5. Purchase award to Postalcraft America, Inc. in the amount of $30,675.00 for the purchase of 149 double mailbox units and 42 single mailbox units for Rainberry Woods per the Strategic Task Team Initiative. Funding is available from 334-6130-541-49.90 (General Construction FundINeighborhood Enhancements). 6. Contract award to JMW Construction, Inc. in the amount of $349,916.00 for the Lake Ida Park Project. Funding is available from 380-4150-572-63.26 (2004 G.O. BondlLake Ida Park) and 442-5178-536-63.90 (Water/Sewer Renewal and Replacement Fund/Other Improvements). 7. Contract award to West Construction, Inc. in the amount of $325,604.50 for the Mike Machek Boy Scout Park Project. Funding IS available from 380-4150-572-63.25 (2004 G.O. Bond/Boy Scout Hut Park) and 442-5178-536-63.90 (Water/ Sewer Renewal and Replacement Fund/Other Improvements). Mrs. Archer moved to approve the Consent Agenda, 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 - 09/06/05 9. REGULAR AGENDA: 9.A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/SEAGA TE HOTEL: Consider an appeal of the Site Plan Review and Appearance Board's decision relating to certain conditions of approval of a Class III Site Development Plan, Landscape Plan, and Elevations for the Seagate Hotel at Atlantic Place, located on the south side of East Atlantic A venue, between Venetian Drive and Gleason Street. (Quasi-Judicial Hearing) Mayor Perlman read into the record the City of Delray Beach procedures for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose their ex parte communications. Mr. Levinson stated he spoke to Tony Wilson, Michael Weiner, Tom Carney, Mark Walsh, and Tom McMurrian. Ms. McCarthy stated she spoke to Tom Carney, Marie Horenburger, and Tony Wilson. Mayor Perlman stated he spoke to Marie Horenburger, Tony Wilson, and Tom Carney. Mrs. Ellis and Mrs. Archer stated they too spoke with Marie Horenburger, Tony Wilson, and Tom Carney. For clarification, the City Attorney stated there is an appeal by the applicant HHC Atlantic, LLC, (one of the appellants) and there are three elements to the appeal: (1) concerns the requirement of 107 spaces for use by the public, (2) requirement for a watermark on all the buildings, and (3) pertains to a clarification or an appeal of the need for on-street parking for an additional parking space on Gleason Street based on the Minutes. The other appeal is a letter from Bankoff, LLC and according to the rules the City Attorney's office is to review whether they have sufficiently outlined that they should be parties and have a standing to appeal. Staff has made this determination and the ultimate decision is up to the City Commission. The City Attorney recommends that the City Commission accept their appeal. According to their letter, the City Attorney stated they are appealing Section 2.4.5(G)(5) of the LDR's which requires the finding that the proposed changes do not significantly affect the originally approved plan and they claim that it does. The City Attorney stated they also claim that Section 4.6.18(E) of the LDR's requires a finding of good design and they are claiming that the site plan does not meet this. They are also asserting that the City has adopted new architectural design guidelines and that the applicant is legally required to conform to these guidelines. Therefore, they request that the City Commission overturn SPRAB' s approval of the site plan requiring that they comply with all the codes. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2005-220 into the record. Mr. Dorling stated as the City Attorney indicated there are two appeals before the Commission and relate to actions taken recently by the Site Plan Review and - 10 - 09/06/05 Appearance Board (SPRAB). SPRAB considered a modification at their July 13, 2005 meeting and there was a significant discussion about hotel condominiums and they tabled the item. Mr. Dorling stated the item actually before them was approval of a hotel and a change from what was previously approved on October 22, 2003 relating to a 24-unit condominium with 5,400 square feet of restaurant floor area, 19,000 square feet of retail, and 18,000 square feet of office. Mr. Dorling stated the exterior of the site did not change with the exceptions of some landscape changes and the introduction of a pedestrian bridge so that housekeeping could circulate without going outside of the buildings. The exterior elevations were exactly the same as the original approval. On July 13, 2005, this was tabled and rescheduled for the subsequent meeting two weeks later. At that meeting, staff put forth that SPRAB should not have looked at tabling this related to a hotel condominium LDR text amendment, but should consider what was before them which was a conversion to a hotel use along with the retail uses that were previously approved. Mr. Dorling briefly reviewed the three conditions of approval for the appeal submitted by HHC Atlantic, LLC and the appeal submitted by Bankoff, LLC. Michael Weiner, Attorney with Weiner & Aronson, P.A., 102 N. Swinton Avenue, Delray Beach (representing the applicant), stated SPRAB Board met every requirement with respect to this particular modification and most importantly it is a Class III site plan and in the letter submitted by Bankoff, LLC it was never challenged that the site plan should be in any other class and therefore they cannot bring up a challenge now. Mr. Weiner stated there is nothing that would in fact allow the Commission to overturn what SPRAB properly and within the Code of Ordinances stated they could do with appropriate findings. He urged the Commission to support the decision made by SPRAB based upon their two hearings and a Class II site plan modification. Mr. Weiner submitted the Site Plan Review and Appearance Board meeting transcript for the hearing dated Wednesday, July 27, 2005 into the record completed by Esquire Deposition Services. Alan Ciklin, Attorney representing Bankoff, LLC (the appellant), stated Bankoff, LLC sent a letter into SPRAB to be considered at their hearing indicating their opposition to approval of the plan initially. They then filed a timely appeal and own property within 500 feet and have been determined by the City Attorney's office to be an affected party. Mr. Ciklin stated the basis for the appeal is set forth in their letter. Mr. Ciklin stated this is a dramatic change in what was originally approved and what is approved now. It is not only a dramatic change but is a change to a site plan that was never certified to begin with. The City Attorney stated the issues that have been conceded by one of the appellant's deals with first, the parking on Gleason Street and whether or not this was a requirement and Paul Dorling has conceded this. The other issue was the watermark requirement for all buildings and stated the testimony so far from Paul Dorling was that no, it was for the refuse building only. The other issue being appealed is the 107 parking space requirement. The party appellant has several issues: (1) whether the site plan changes significantly affect the original approved plan because the findings require that the proposed changes do not significantly affect the original approved plan according to LDR Section 2.4.5(G)(5). They also raise the issue of the applicability or the findings - 11 - 09/06/05 required by LDR Section 4.6.18(E) which requires review of architectural elevations as to whether there is "good design". They have also asserted that the City of Delray Beach has adopted new architectural design guidelines and assert that the applicant is legally required to follow those guidelines. The City Attorney stated that it is contested by the testimony presented by the applicant/appellant and they request that the approval by SPRAB be overturned and require them to comply with all City Codes. Mayor Perlman stated if anyone would like to speak in favor or in opposition of the appeal, to please come forward at this time. Cary Glickstein, speaking on behalf of the Beach Property Owners' Association (BPOA), stated the BPOA would like to see this project come back through the design guidelines and that all the issues regarding the condominium hotel issue and the parking issue needs to be resolved. He urged the Commission to uphold the conditions placed by SPRAB. Roger Cope, 1005 Ingraham Avenue, Delray Beach (Architect & Chairman of SPRAB), stated since the City of Delray Beach adopted new design guidelines he believes the Commission should uphold the more significant projects within the city to those design guidelines. Mr. Cope stated in his opinion SPRAB made a mistake and their decision was wrong. David Schmidt, 2116 Northridge Road, Delray Beach, stated he had a client he represented through SPRAB with this project and none of the issues on appeal tonight directly affect them and he is not representing them. He commented about the parking issue and the commitment of the public parking spaces. He stated when he requested a copy of the parking agreement late this afternoon he was told it was still being worked on by staff. Therefore, he only has Mr. Dorling's staff report which states that "the applicant wants to provide public parking spaces based on the applicable code." Mr. Schmidt stated this leads him to believe that the code will change because the applicant currently has 107 excess parking spaces. Mr. Schmidt stated Mr. Weiner did not present any substantial competent evidence this evening as to why SPRAB's condition of 107 parking spaces dedicated to the public should be overturned. Mr. Schmidt urged the Commission to keep this condition in place. Brief discussion followed by the Commission. The City Attorney stated if any of the persons who just spoke and if staff or either appellant has any questions of the citizen participates who just spoke, please let the Commission know. All cross examination of these citizen participates is through the Chair (the Mayor). There being no one else who wished to speak in favor or in opposition of the appeal, the public hearing was closed. At this point, the following individuals gave rebuttals: Mr. Weiner gave a brief rebuttal. - 12 - 09/06/05 Mr. Ciklin requested that the Commission grant the appeal, send it back to SPRAB with the condition that SPRAB go through the design criteria process and have the appropriate Board review their design criteria. The City Attorney stated she has prepared a City Commission order which goes through all the findings. At some point, the City Attorney stated she would like to go through this and make sure the findings were made and then the Commission can adopt the Board Order which will contain the findings. The City Attorney read into the record the following Board order per the direction of the City Commission: "The City Attorney stated the appellants and City staff presented documentary evidence and testimony on their appeals. Appended to the order is the applicant's appeal as well as Bankoffs appeal as Exhibit "B", City staff reports appended as Exhibit "C" and pertinent Land Development Regulations attached as Exhibit "D". The City Commission must make and hereby makes the following findings: 2.4.B. requires compliance with Section 3.1 and deals with finding consistency and meets the LDR's, concurrency, and the Comprehensive Plan. The City Commission finds that Section 2.4.B is met or not met by the applicant and adopts the findings and conclusions on page 7 & 8 of the July 13, 2005 staff report." Brief discussion between the City Attorney, the Commission, and staff followed. Mr. Levinson moved to approve the Board Order as modified to include the parking agreement, 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. 9.B. REQUEST TO LEASE PARKING SP ACE SIP ARAGON EVENTS/ANCHOR PARK: Consider a request from Paragon Events to lease fifty (50) parking spaces in the Anchor Parking Lot to facilitate an event at the Seagate Beach Club to be held on Saturday, September 10, 2005. Robert A. Barcinski, Assistant City Manager, stated staff recommends approval of the request with conditions that the lot be closed from 8:00 a.m. to 6:00 p.m., that they pay the City the fees because the lot will not be able to be closed after this point, that there be the standard insurance and hold harmless agreement, and that they man the area. Mrs. Archer moved to approve the request from Paragon Events to lease fifty (50) parking spaces for valet parking in the Anchor Park lot on Saturday, September 10, 2005, to facilitate an event at the Seagate Beach Club, subject to the conditions as recommended by staff, 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. - 13 - 09/06/05 At this point, the time being 7:58 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 59-05 (TENTATIVE MILLAGE LEVY): A resolution tentatively levying a tax on all properties within the City of Delray Beach for operation and maintenance and for payment of principal and interest on bonded indebtedness for FY 2006. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The caption of Resolution No. 59-05 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRA Y BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO TENTATIVELY LEVY A T AX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 59-05 is on file in the City Clerk's office. ) The City Attorney announced this resolution levies a tax on all properties in the City of Delray Beach for fiscal year 2006. The operating millage is 7.45 while debt service millage remains at 0.55. The rolled back rate calculated under the TRIM law for operating purposes is 6.3686 mills. The tentative millage rate at 8.00 mills would be 16.98% above the rolled back rate. At 7.9 mills it would be 15.57% above the rolled back rate. The City Manager stated the Commission set the proposed millage at 8.0 mills and discussed lowering this to 7.9 mills. He recommended that the Commission keep the tentative millage rate at 8.0 mills because of the uncertainties that have been created by the events of the last few weeks. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 59-05, the public hearing was closed. Mayor Perlman stated that the millage rate could be reduced at a later date and noted the final millage will be adopted on September 20, 2005. Brief discussion by the Commission followed. - 14 - 09/06/05 Mrs. Ellis moved to approve Resolution No. 59-05 subject to the tentative millage rate of 8.0 mills, 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. At this point, Commissioner Ellis stepped away from the dais. 10.B. RESOLUTION NO. 61-05 (TENTATIVE MILLAGE LEVY/DDA): A resolution tentatively levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2006. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The caption of Resolution No. 61-05 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 61-05 is on file in the City Clerk's office. ) The City Attorney stated this resolution levies a tax in the amount of 1.00 mill on all properties within the Downtown Development Authority (DDA) Taxing District of the City of Delray Beach for fiscal year 2006. This millage exceeds the 0.7479 rolled back rate calculated under the TRIM law by 33.71 %. 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 Resolution No. 61-05, the public hearing was closed. Mr. Levinson moved to approve Resolution No. 61-05, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. At this point, Mrs. Ellis returned to the dais. 10.C. RESOLUTION NO. 60-05 (TENTATIVE BUDGET ADOPTION FOR FY 2006): A resolution tentatively making appropriations of sums of money for all - 15 - 09/06/05 necessary expenditures of the City of Delray Beach for the period October 1, 2005 through September 30,2006. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The caption of Resolution No. 60-05 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, MAKING TENT ATIVE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRA Y BEACH FOR THE PERIOD FROM THE 1st DAY OF OCTOBER, 2005, TO THE 30th DAY OF SEPTEMBER, 2006; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLL Y IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. (The official copy of Resolution No. 60-05 is on file in the City Clerk's office. ) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Manager stated this item is the proposed budget for fiscal year 2005-2006 and the tentative appropriations are set forth in "Exhibit A" to the resolution. Two versions of "Exhibit A" are included, one at 7.9 mills and one at 8.0 mills. The additional funds provided at 8.0 mills are shown under "Reserves". The City Manager stated a significant portion of the reserves is for the pending fire contract. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 60-05, the public hearing was closed. Mrs. Archer moved to approve Resolution No. 60-05 with the amended "Exhibit A" (8.0 mills), 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. 10.D. THIS ITEM HAS BEEN POSTPONED TO THE REGULAR MEETING OF SEPTEMBER 20. 2005. At this point, Mr. Levinson stepped away from the dais. - 16 - 09/06/05 10.E. 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. 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. 58-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRA Y BEACH, PARCELS OF LAND LOCATED ON THE WEST SIDE OF MILITARY TRAIL, 100 FEET NORTH OF CONKLIN DRIVE, AS THE SAME IS MORE PARTICULARL Y 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. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Del ray Beach, Florida. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 58-05, the public hearing was closed. Mrs. Ellis moved to adopt Ordinance No. 58-05 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 10.F. 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. Prior to consideration 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. 63-05 is as follows: - 17 - 09/06/05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRA Y BEACH, PARCELS OF LAND LOCATED ON THE WEST SIDE OF MILITARY TRAIL, 100 FEET NORTH OF CONKLIN DRIVE, AS THE SAME IS MORE PARTICULARL Y 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. 63-05 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. 63-05, the public hearing was closed. Ms. McCarthy moved to adopt Ordinance No. 63-05 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; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 10.G. ORDINANCE NO. 66-05: Voluntary annexation via water service agreement for a 3.45 acre parcel ofland which contains the Public Self Storage facility, located on the west side of Military Trail, approximately 1,400 feet south of Lake Ida Road. 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. 66-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRA Y BEACH, PARCELS OF LAND LOCATED ON THE WEST SIDE OF MILITARY TRAIL, 100 FEET NORTH OF CONKLIN DRIVE, AS THE SAME IS MORE PARTICULARL Y DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE - 18 - 09/06/05 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. 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. 66-05, the public hearing was closed. Mrs. Ellis moved to adopt Ordinance No. 66-05 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 8:19 p.m., the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. 11.A. Citv Mana2er's response to prior public comments and inQuiries. With regard to previous inquiries about the need for a traffic light at the intersection of Davis Road and Lake Ida Road, the City Manager stated the City is requesting that the County study this intersection to see if it meets the warrants now that school buses are using this route in addition to regular traffic. Secondly, with regard to a prior concern expressed about the condition of the alleyway that runs north and south between N.E. 6th and N.E. ih Avenue from 4th Street to 5th Street, the City has examined the alleyway and staff agrees it is in very poor condition and will plan for a capital project next year to get it reworked. 11.B. From the Public. 11.B.1. Robert Rudolph. 3319 Lowson Boulevard. Delrav Beach. expressed concern over people speeding on Lowson Boulevard and it has been addressed with traffic calming. Mr. Rudolph stated he listed the prior traffic calming studies from 1999- 2005 and illustrated that the traffic calming devices are not working. He noted there is no significant reduction in speed on Lowson Boulevard particularly in front of his house (3200/3300 block). - 19 - 09/06/05 At this point, the time being 8:25 p.m., the Commission moved back to Item 9.C. of the Regular Agenda. 9.C. FY 2006 GOLF RATES/LAKEVIEW GOLF COURSE: Consider approval of the proposed FY 2006 maximum golf rates for the Lakeview Golf Course. Robert A. Barcinski, Assistant City Manager, stated this is a request to approve the maximum rates for the Lakeview Golf Course for fiscal year 2006. The rate increases proposed average between 3.0% and 5.0%. Staff recommends approval of the proposed maximum rates for the Delray Beach Lakeview Golf Course. Ms. McCarthy moved to approve the proposed maximum rates for the Delray Beach Lakeview Golf Course for fiscal year 2006, seconded by Mrs. Ellis. 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 o vote. 9.D. FY 2006 GOLF RATES/MUNICIPAL GOLF COURSE: Consider approval of the proposed FY 2006 maximum golf rates for the Municipal Golf Course. Robert A. Barcinski, Assistant City Manager, stated this is a request to approve the maximum rates for the Delray Beach Municipal Golf Course for fiscal year 2006. The rate increases range from 1.7% to 12.5% for prepaid walkers and are based on market conditions. Staff recommends approval of the proposed maximum rates for the Delray Beach Municipal Golf Course. Mr. Levinson commented that there was no comparison to Southwinds Golf Course. Brahm Dubin stated Delray Beach Municipal Golf Course rates are lower than Southwinds. Mrs. Archer moved to approve the proposed maximum rates for the Delray Beach Municipal Golf Course for fiscal year 2006, 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. 9.E. FY 2006 TENNIS RATES/TENNIS FACILITIES: Consider approval of the proposed FY 2006 maximum tennis rates for the Tennis Facilities. Robert A. Barcinski, Assistant City Manager, stated this is a request to approve the maximum rates for the Delray Beach Tennis Center for fiscal year 2006. The rate increases for membership range from 0% to 3.0%. Increases for court use and light use and all rate increases proposed are based on market conditions. Brief discussion between Mr. Levinson and Mr. Dubin followed regarding Highland Beach and Gulf Stream. - 20- 09/06/05 Mrs. Archer moved to approve the proposed maximum rates for the Delray Beach Tennis Center for fiscal year 2006, 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. 9.F. GRANT AWARD/FLORIDA COMMUNITIES TRUST (FCT) GRANT: Consider approval and acceptance of the Florida Communities Trust (FCT) Grant Agreement in an amount not to exceed $2,006,000.00 for the purchase of approximately 1.8 acres ofland from the Community Redevelopment Agency (CRA) to be used to develop a park adjacent to Old School Square; and authorize the Mayor to execute the grant agreement. Mayor Perlman declared a Conflict of Interest and passed the gavel to Vice Mayor Levinson and stepped down from the dais. Robert A. Barcinski, Assistant City Manager, stated this is a request to approve and authorize the Mayor to sign a grant agreement between the City of Delray Beach and Florida Communities Trust in the amount not to exceed $2,006,000 for the purchase of property from the Community Redevelopment Agency (CRA) for the use of a park adjacent to the Old School Square site. This agreement must be approved and two signed original copies sent to Florida Communities Trust (FCT) no later than September 15, 2005 and per the terms of the agreement the City is required to close on the property by November 4, 2005 and shortly after this date the City is also required to submit a management report for the park element and other required closing documents. Mrs. Archer moved to approve the grant agreement between the City of Delray Beach and Florida Communities Trust (FCT) and authorize the Mayor to execute the agreement, 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. At this point, Mayor Perlman returned to the dais. 9.G. SPECIAL EVENT REQUEST/ART & JAZZ ON THE A VENUE: Consider approval and endorsement of Art & Jazz on the Avenue scheduled for October 14, 2005 from 6:00 p.m. to 10:00 p.m., granting a temporary use permit per LDR Section 2.4.6(H) for the closure of Atlantic Avenue from Swinton to N.E. ih Avenue, the south side parking lane of Atlantic Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic Avenue to N.E. 1st Street, N.E. 2nd Avenue from Atlantic A venue to N.E. 1 st Street, and authorize staff support for security and traffic control, banner hanging and removal, barricade set-up/removal, trash removal and clean up. Robert A. Barcinski, Assistant City Manager, stated this is a request to endorse the next Art & Jazz on the Avenue scheduled for October 14, 2005 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit for closure of streets and use and to - 21 - 09/06/05 provide staff support as requested. Staff recommends approval of the event. Mr. Levinson moved to approve the contract subject to the deletion of the Sun-Sentinel as a sponsor. Mayor Perlman passed the gavel to Vice Mayor Levinson and seconded the motion for discussion. Mayor Perlman stated he informed the Joint Venture that he would no longer support media sponsorship from the Sun-Sentinel until he sees better performance. Mayor Perlman stated he is hopeful of better performance because they have assigned a new reporter to the City and believes she will do a good job; however, he would like to see a demonstrated change. In his opinion, Mayor Perlman stated the Joint Venture is marketing their brand at the expense of the community. At this point, the roll was called: Upon roll call the Commission voted as follows: Mrs. Ellis - No; Mrs. Archer - No; Mr. Levinson - Yes; Ms. McCarthy - No; Mayor Perlman - Yes. Said motion was DENIED with a 3 to 2 vote, Mayor Perlman and Commission Levinson dissenting. Mrs. Ellis moved to approve to endorse the next Art & Jazz on the Avenue scheduled for October 14, 2005 from 6:00 p.m. to 10:00 p.m. to grant a temporary use permit, street closure, and staff support as requested, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - No; Ms. McCarthy - Yes; Mayor Perlman - No; Mrs. Ellis - Yes. Said motion passed with a 3 to 2 vote, Mayor Perlman and Commissioner Levinson dissenting. 9.H. SPECIAL EVENT REQUESTIFILM FESTIVAL: Consider a special event request to endorse the 1 st 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 for the Commission to consider endorsing the proposed 1 st Annual Delray Beach Film Festival sponsored by Michael C. Posner proposed to be held March 8-11, 2006 at Old School Square in the theater and pavilion area. Commission is also being requested to approve staff support as indicated and to fund rental fees, technical fees, and historic preservation fees for the use of Old School Square. Brief discussion followed by the Commission regarding the precedent this would set and how a Special Events policy has been created. Dr. Michael C. Posner stated he is willing to pay $1. 00 per ticket. Mrs. Ellis moved to approve the Special Event request as submitted, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - No; Ms. McCarthy - No; Mayor Perlman - No; Mrs. Ellis - No; Mrs. Archer - Yes. Said motion was DENIED with a 4 to 1 vote, Commissioner Archer dissenting. - 22- 09/06/05 Mr. Levinson moved to approve the Special Event request subject to the City's current policies on events which would provide the City services to the event and that any relationship with Old School Square would have to be negotiated with the event planner and Old School Square, 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. 9.1. R.A.C.E. (RELA TIONSHIP BETWEEN AUTHORITIES. CITIZENS. AND EXPERTS)/POLICE ADVISORY BOARD: Consider approval of the recommendation from the Mayor's Advisory Committee on R.A.c.E. (Relationship between Authorities, Citizens, and Experts) to create a Police Advisory Board, approve the proposed structure, and direct staff to proceed to formally establish the board. Lula Butler, Director of Community Improvement, stated this is before Commission for approval of the recommendation from the Mayor's Advisory Committee on R.A.c.E. (Relationship between Authorities, Citizens, and Experts) Relations to create a Police Advisory Board. Mrs. Butler stated the R.A.c.E. Relations Committee was organized in April 2005 and one of the issues raised by local groups and the NAACP was to consider creating a Police Advisory or Police Review Committee to the Chief of Police. The committee considered both options and is unanimously recommending establishment of a Police Advisory Board as the appropriate method of enhancing the communication, relationship and understanding between the community and Police in Delray Beach. A part of the committee's recommendation is to have the initial review of the applications for this Board and recommend to the Commission the initial members for appointment. The City Manager stated staff is requesting that the Commission endorse this concept and will bring back either a resolution or ordinance at a later date to officially establish this Advisory Board. Prior to the vote, Mayor Perlman thanked City staff and Commissioner McCarthy. Mrs. Archer also commended Commissioner McCarthy for doing an excellent job. Mrs. Archer moved to approve the Police Advisory Board as recommended by the R.A.c.E. (Relationship between Authorities, Citizens, and Experts) Relations Committee, 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. 9.J. TERMINATION OF AGREEMENT/AQUATEC SYSTEMS. INC.: Consider approval of termination of the agreement, dated September 23, 2004, with Aquatec Systems, Inc. for the offsite mitigation for Heritage Park in the Leon Weekes - 23 - 09/06/05 preserve. The City Manager stated the City of Delray Beach entered into an agreement with Aquatec Systems to remove invasive vegetation and Aquatec has failed to perform in a timely manner. Therefore, staff recommends termination of the agreement. Mrs. Ellis moved to approve to terminate the agreement with Aquatec Systems, Inc. for the offsite mitigation for Heritage Park in the Leon Weekes preserve with thirty (30) days written notice prior to the effective date of the termination, 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.K. THIS ITEM HAS BEEN MOVED TO ITEM 7.A.. PRESENTATIONS. 9.L. APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS: Appoint four (4) regular members to the Board of Construction Appeals for two (2) year terms ending August 31, 2007. Based upon the rotation system, the appointments will be made by Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), Mayor Perlman (Seat #5), and Commissioner Ellis (Seat #1). Mr. Levinson stated he would like to defer his appointment to the regular meeting of September 20,2005. Ms. McCarthy moved to reappoint Patricia Neyra as a regular member to the Board of Construction Appeals for a two (2) year term ending August 31, 2007, 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. Mayor Perlman stated he wished to reappoint Fred Fetzer as a regular member to the Board of Construction Appeals for a two (2) year term ending August 31, 2007. Ms. McCarthy so moved, 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. Mrs. Ellis moved to appoint Morris Weintraub as a regular member to the Board of Construction Appeals for a two (2) year term ending August 31,2007, 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.M. APPOINTMENTS TO THE PLANNING AND ZONING BOARD: Appoint two (2) 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 - 24- 09/06/05 made by Commissioner Archer (Seat #2) and Commissioner McCarthy (Seat #4). For the record, Mrs. Ellis suggested that it be noted that Mr. Charles Walker (incumbent) is not eligible for reappointment because he is her brother and the City has rules for nepotism. It was also noted that Mr. Levinson's daughter would also need to be removed from the list. Mrs. Archer moved to reappoint Mark Krall as a regular member to the Planning and Zoning Board for a two (2) year term ending August 31,2007, 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. Ms. McCarthy moved to appoint Charles Halberg as a regular member to the Planning and Zoning Board 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.N. APPOINTMENTS TO THE SITE PLAN REVIEW AND APPEARANCE BOARD: Appoint two (2) regular members to the Site Plan Review and Appearance 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) and Commissioner Levinson (Seat #3). Mrs. Archer moved to appoint Andrew Y oungross as a regular member to the Site Plan Review and Appearance Board (SPRAB) for a two (2) year term ending August 31, 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. Mr. Levinson moved to appoint Connor Lynch as a regular member to the Site Plan Review and Appearance Board (SPRAB) 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 - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote. 9.0 CITY ATTORNEY EVALUATION. The City Attorney's evaluation has been deferred to the Regular City Commission meeting of September 20,2005. 9.P. CITY MANAGER EVALUATION. The City Manager's evaluation has been deferred to the Regular City Commission meeting of September 20,2005. - 25 - 09/06/05 At this point, the time being 9:03 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 65-05: Voluntary annexation, small scale Future Land Use Map (FLUM) Amendment from County HR-8 (High Residential-8 dwelling units per acre) to City MD (Medium Density Residential 5-12 dwelling units per acre) and rezoning from County AR (Agricultural Residential) to City RM-8 (Medium Density Residential-8 dwelling units per acre) for a 4.85 acre parcel ofland known as Gramercy Square II, located on the west side of Military Trail, approximately 710 feet south Atlantic Avenue. Ifpassed, a public hearing will be scheduled for September 20,2005. The caption of Ordinance No. 65-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED 710 FEET SOUTH OF WEST ATLANTIC A VENUE AND 620 FEET WEST OF MILITARY TRAIL, AS 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; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF MD (MEDIUM DENSITY RESIDENTIAL 5-12 DU/ AC) FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO RM-8 (MEDIUM DENSITY RESIDENTIAL-8 UNITS PER ACRE) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 65-05 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 an annexation, small scale amendment, and rezoning and is the piece that is immediately west of the recent annexation for Gramercy Square that the Commission considered and - 26- 09/06/05 approved. This parcel takes access behind the shopping center and will be incorporated into the townhouse development. Mr. Levinson moved to approve Ordinance No. 65-05 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.B. ORDINANCE NO. 70-05: An ordinance amending Chapter 52, "Water" of the City Code of Ordinances by amending Section 52.34, "Water Rates", to provide for increased residential, nonresidential, and irrigation rates for FY 2006. If passed, a public hearing will be scheduled for September 20, 2005. The caption of Ordinance No. 70-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 52.34, "WATER RATES", SUBSECTION 52.34(B), TO PROVIDE FOR INCREASED RESIDENTIAL, NONRESIDENTIAL AND IRRIGATION RATES FOR FY 2006; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 70-05 is on file in the City Clerk's office. ) The City Attorney read the caption of the ordinance. The City Manager stated this is a 7% rate increase for both water and sewer. He stated we are affected by what has happened from Hurricane Katrina and the City uses 18 tons of C02 daily to get the water to the correct PH. The City's supplier is located in the Gulf Coast region and has notified us that there will be a surcharge for at least the next sixty (60) days. Ms. McCarthy asked if there is a supplier in another geographic location. The City Manager stated staff will look for alternative suppliers. Mrs. Ellis concurred with comments expressed by Ms. McCarthy and stated every other source is looking for other sources so it is a matter of who gets there first. Mrs. Ellis moved to approve Ordinance No. 70-05 on FIRST 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. - 27- 09/06/05 Levinson - Yes. Said motion passed with a 5 to 0 vote. 12.C. ORDINANCE NO. 72-05: An ordinance amending Chapter 53, "Sanitary Sewers", of the City Code of Ordinances by amending Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", to provide for increased sewer rates. If passed, a public hearing will be scheduled for September 20, 2005. The caption of Ordinance No. 72-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53, "SANITARY SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 53.130, "USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER SURCHARGE", SUBSECTION 53. 130(D), TO PROVIDE FOR INCREASED RESIDENTIAL AND NONRESIDENTIAL/COMMERCIAL RATES FOR FY 2006; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 72-05 is on file in the City Clerk's office. ) The City Attorney read the caption of the ordinance. Mrs. Archer moved to approve Ordinance No. 72-05 on FIRST Reading, 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. At this point, Ms. McCarthy stepped away from the dais. 12.D. ORDINANCE NO. 71-05: An ordinance amending Chapter 51, "Garbage and Trash", of the City Code of Ordinances by amending Section 51. 70, "Regular Charges Levied", to provide for increasing contracted garbage, trash, recycling, vegetation, and bulk waste collection service rates by 3.0% for FY 2006. If passed, a public hearing will be scheduled for September 20, 2005. The caption of Ordinance No. 71-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", - 28 - 09/06/05 OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASED RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 2006; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 71-05 is on file in the City Clerk's office. ) The City Attorney read the caption of the ordinance. Mr. Levinson moved to approve Ordinance No. 71-05 on FIRST Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. At this point, Ms. McCarthy returned to the dais. 12.E. ORDINANCE NO. 69-05: An ordinance amending Chapter 96, "Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", of the Code of Ordinances to adjust the fee schedule for emergency medical transportation in accordance with the National American Fee Schedule. If passed, a public hearing will be scheduled for September 20, 2005. The caption of Ordinance No. 69-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, BY AMENDING SECTION 96.66. "EMERGENCY MEDICAL TRANSPORTATION FEES", SUBSECTION 96.66(A), TO ADmST THE FEE SCHEDULE FOR EMERGENCY MEDICAL TRANSPORT ATION IN ACCORDANCE WITH THE NATIONAL AMERICAN FEE SCHEDULE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 69-05 is on file in the City Clerk's office. ) The City Attorney read the caption of the ordinance. - 29- 09/06/05 Mrs. Archer moved to approve Ordinance No. 69-05 on FIRST Reading, 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. 12.F. ORDINANCE NO. 67-05: An ordinance amending Chapter 59, "Reclaimed Water", of the Code of Ordinances to provide for clarification regarding the definition of reclaimed water distribution system and reclaimed water transmission system and changing the wholesale customer rate from $0.24 to $0.25 per 1,000 gallons. Ifpassed, a public hearing will be scheduled for September 20,2005. The caption of Ordinance No. 67-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, BY AMENDING CHAPTER 59, "RECLAIMED WATER", TO PROVIDE FOR CLARIFICATION REGARDING THE DEFINITION OF RECLAIMED WATER DISTRIBUTION SYSTEM AND RECLAIMED WATER TRANSMISSION SYSTEM AND INCREASING THE WHOLESALE CUSTOMER RATE TO $.25; PROVIDING A SA VING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 67-05 is on file in the City Clerk's office. ) The City Attorney read the caption of the ordinance. Ms. McCarthy moved to approve Ordinance No. 67-05 on FIRST Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. B.A. Citv Mana2er The City Manager stated the Mayor asked that staff contact Florida Trend Magazine to correct their statement in the article about the City of Delray Beach having no drug store or grocery store in the downtown area. The City Manager stated staff has taken care of this. - 30 - 09/06/05 Secondly, the City Manager stated with regard to Mr. Levinson's suggestion to publicize Kilwin's agreement to contribute 20% of their proceeds on Tuesdays to the Miracle League Field; there is an article about this in the September issue of News for Neighborhoods. The City Manager stated FEMA has asked for assistance from the Fire service as far as the City's support to the area that has been directly affected by Hurricane Katrina. FEMA would like to fill 2,000/2 person teams in the area immediately affected to work in community relations activities. The City Manager stated there are four applicants who have expressed a desire to do this and it would be for a minimum of thirty (30) days. FEMA will pay their salary and assistance with transportation. The City's cost would be that we would have to fill in for them on an overtime basis. The City Manager stated Lieutenant Creland is serving as a paramedic as part of a medical team and is working in Picayune, Mississippi operating a mobile field hospital and emergency department in the parking lot of the hospital that served a large rural area off Interstate 59. 13.B. Citv Attornev The City Attorney stated the Hotel Vista Del Mar appeal has been postponed to the November 15, 2005 City Commission meeting. 13.C. Citv Commission 13.C.1. Mrs. Archer Mrs. Archer stated there is a potential large donor for the Miracle League Field that would require naming rights and will have to be approved by the Miracle League Board. She stated that hopefully in another week or so she will have an answer as to whether or not this will go through. Secondly, she stated on four occasions since the new Atlantic High School has opened, students avoid the crossing guard, walk on the north side of Atlantic Avenue past the light, and then cross through oncoming traffic. Once the students step through the median, there is a lot of shrubbery and drivers coming from the other direction do not see the students and the drivers have to jam on their brakes. Mrs. Archer stated not only is there a school crossing guard but there is also a Delray Beach Police Officer who has been there only twice and each time he is looking in a different direction. The City Manager stated staff is going to make a number of changes in the way this operates and he will forward a list to the Commission of the recommendations of the Police Department. - 31 - 09/06/05 13.C.2. Mrs. Ellis Mrs. Ellis stated at the same time the Art and Jazz on the Avenue event is being held is also when the Downtowns & Small Towns Forum (Thursday, October 13, 2005) will be in town and she encouraged the Commission to participate in it. She stated people are coming from all over to see Delray Beach. Secondly, she stated she attends the SAC meeting for Spady Elementary and it is a great school. Mrs. Ellis stated she is looking forward to attending the SAC meeting for Plumosa Elementary. Mrs. Ellis stated she will be in Nova Scotia and will not be at the City Commission meeting of September 20,2005. 13.C.3. Ms. McCarthv Ms. McCarthy stated on Congress A venue going into the Congress Plaza there was a bush that was a hazard which caused a blind spot. She reported this to Tim Simmons, Parks Superintendent, and in less than 24 hours the bush was cut down so that no one else would incur the situation. She recognized and thanked Tim Simmons on behalf of many people who will make the turn into this plaza as well. Ms. McCarthy officially welcomed Chevelle D. Nubin, City Clerk, who is back from maternity leave. She stated Janet K. Whipple, Deputy City Clerk, was wonderful and did a great job in Chevelle' s absence. She commented about the aftermath of this latest hurricane and thanked Senator Dawson, the Palm Beach County Caucus of Black Elected Officials, and Reverend Davis of Hilltop Church in Riviera Beach. Ms. McCarthy stated they have managed to obtain an 18 wheeler trailer for Hurricane Katrina relief efforts and the response was heartwarming. Lastly, Ms. McCarthy stated she was at a meeting and a black individual mentioned to her that they were very discouraged because they felt that they had no representation in reference to neighborhood concerns. She encouraged people to bring their concerns before the Commission because no one can help address issues if they do not know what the issues are and this does not mean the answer will always be "yes" because they have to do what is best for the city as a whole. Mayor Perlman concurred with comments expressed by Commissioner McCarthy and stated this Commission has been effective in eliminating the "gatekeeper". He stated people can directly contact their elected officials with a concern or an issue and the Commission will get the answer. He stated often times the answer will put most people at ease. - 32 - 09/06/05 13.CA. Mr. Levinson Mr. Levinson commented about the Newsrack ordinance and the actual newsracks not being bolted down. He expressed concern over anything placed in the right-of-ways that are not bolted down particularly during a strong hurricane. He suggested that staff review the City of Delray Beach's ordinance in light of what other communities do and make sure we are consistent that if the newsracks need to be collected prior to a storm or bolted down that we find a way to do this. The City Manager stated the last time he was in Chicago the newsracks were owned by either the City or the Downtown Development Authority and the ads on the back of the newsracks were for all City events. He stated if the city does something like this then there is some justification for the City paying for the racks. Mr. Levinson stated he was at the League of Cities meeting and there was a presentation made by two employees from the City of Boynton Beach about a program called "America Supporting Americans" (adopting a unit). He asked that this information be distributed to people and asked that staff make a recommendation as to how and whether or not to participate. He stated the City of Boynton Beach and a few other cities throughout Palm Beach County are involved. He congratulated the Delray Beach Police Department for winning the Labor Day Challenge. He welcomed back Chevelle D. Nubin, City Clerk. Lastly, Mr. Levinson stated as the Community Redevelopment Agency (CRA) liaison, the ruling came for the Mount Olive/Atlantic Grove case and the specific performance of the closing was granted. Therefore, Mr. Levinson stated the closing will take place by September 30th on the land and the parking lot, etc. unless there is an appeal. 13.C.5. Mavor Perlman Mayor Perlman stated he received a question today regarding the Linton Boulevard Bridge and the question was should there be a hurricane would the bridge be operable. He stated the Linton Boulevard Bridge is a County bridge and it is in operation for marine traffic. Mrs. Ellis stated she was informed that while the bridge is being worked on it is closed. However, it will raise and lower occasionally and will not leave boats stranded. Mayor Perlman stated in light of the trees (landmark) he suggested that staff look at a model ordinance so we know what the policies are. He stated he read an article after Hurricane Katrina passed regarding non-native trees. He stated the - 33 - 09/06/05 Australian Pines and Banyan trees are kinds of trees one does not want to have to deal - with in a Hurricane and he feels we should have some criteria to evaluate what we are doing. Mrs. Archer stated one can designate a tree if it has significant historic value. He commented about the last R.A.C.E Relations meeting and stated the group worked very well together and things are really starting to get accomplished. Mayor Perlman asked staff to send a "Thank You" to everyone involved . with the Florida Communities Trust Grant (Thaddeus Cohen, State Representative Hasner, Scott Dudley from the League of Cities, as well as the City Attorney's office for their efforts in working with the legal staff at the League of Cities). He stated Chris O'Hare who owns Stone Grove Creations (Boynton Beach based company) did the sculpture for Peter Firehock. Mayor Perlman commented about an article in the Miami Herald about "Walkable Cities". With the increasing gas costs, the article mentioned places close to home where people can go, leave the car and walk. He stated 3 or 4 cities were referenced and Delray Beach was one city mentioned. Lastly, Mayor Perlman welcomed back Chevelle D. Nubin, City Clerk back from maternity leave and stated Janet K. Whipple, Deputy City Clerk, did a wonderful job while she was out. - He reminded everyone to wish Terrill Barton, Assistant City Attorney a Happy Birthday tomorrow. He stated when the groups in the community are notified with courtesy notices he suggested that the Neighborhood Advisory Council (NAC) be added to the list as well. He suggested that the members could even be sent email. Mayor Perlman stated he had lunch today in Delray Beach with Jerry Taylor, Mayor of the City of Boynton Beach, and Steve Abrams, Mayor of the City of Boca Raton. Mayor Perlman stated they would like to have a South County Summit on Affordable Workforce Housing at FAD. He stated he has received several emails from people asking what they can do to help because of the aftermath of Hurricane Katrina. Lastly, he stated he had the opportunity to attend the U.S. Open over the weekend and the staff who worked in Delray from the Fed Cup and the Davis Cup were also there and recognized him. He stated Randy Walker who worked very closely with Delray's staff stated this was his last U.S. Open (14th) and he is going into the Sports Marketing business. Mayor Perlman stated they are going to be representing a number of -- sporting events and is holding Delray Beach very high on his radar screen as a venue to bring some events and sponsorships. - 34- 09/06/05 - There being no further business, Mayor Perlman declared the meeting adjourned at 9:58 p.m. ~~. . ~~ City Clerk ATTEST: ~o{ b '-.... 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 September 6, 2005, which Minutes were formally approved and adopted by the City - Commission on September 20, 2005 ~S). ~~ City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. - - 35- 09/06/05 --- ------ ----- FORM 8B MEMORANDUM OF VOTING CONFLICT FOR - ~OUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LJ NAME--f'IRST NAME-MIOOLE NAME NAME OF BOARD. COUNCIL, COMMISSION. AUTIiORlTY. OR COMMITTEE :!rlman, Jeffrey L. Delray Beach City Commission MAlUNG ADDRESS THE BOARD. COUNCIL. COMMISSION. AUTHORITY OR COMMITTEE ON 971 Delray Lakes Drive WHICH I SERVE IS A UNIT OF: aTY COUNTY VlCfTY o COUNTY o OTHER LOCAL AGENCY Delrav Beach, FL 33444 Palm Beach NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED City of Delrav Beach September 6, 2005 MY POSITION IS: ~ ElECTIVE o APPotNTIVE - WHO MUST FILE FORM 88 This fann is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES )rson holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which i, ~s to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- s 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 pñvate gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). . . .. .. . . .. . * . . * . * . * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this fonn with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. . . . . * " * . . . . . . . . . APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you rr"'l disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made t JU or at your direction. I.. IOU INTEND TO MAKE ANY ATIEMPT TO INflUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: .. You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the fonn in the minutes. (Continued on other side) CE FORM 88 - EFF. 1/2000 PAGE 1 7.-. ___ 9-F APPOINTED OFFICERS (continued) · A copy of the fann must be provided immediately to the other members of the agency. - · The fann must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: " You must disclose orally the nature of your conflict in the measure before participating. · You must 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 publicty at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Jeffrey Perlman , hereby disclose that on September 6 ,2á)~: (a) A measure came or will come before my agency which (check one) _ inured to my special private gain or loss; _ inured to thé special gain or loss of my business associate, . , ~ inured to the special gain or loss of my relative, Diane 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. - I (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: i j 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. 9/6/05 Date RIed 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 PENAl TV NOT TO EXCEED $10,000. CE FORM 88 - EFF. 1/2000 PAGE 2 --~-- --- -