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04-18-06 Minutes Reg Commissioner Jeff Perlman APRIL 18, 2006 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, April 18, 2006. 1. Roll call showed: Present - Commissioner Rita Ellis Commissioner Fred Fetzer Commissioner Jon Levinson Mayor Jeff Perlman Absent - Commissioner Brenda Montague Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Terrill Barton, Assistant City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Dr. William Quick with Federation of Christian Ministries. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4.AGENDA APPROVAL. Item 7.I., Western Senior/Community Mayor Perlman noted the addition of Center Design Presentation by addendum. Item 8.L.2., Purchase Award to Seating Also, there is additional information for Constructors USA, Inc./Miller ParkItem 12.B., Ordinance No. and a revised ordinance for 23-06. Mrs. Ellismoved to approve the Agenda as amended, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer – Yes; Mr. Levinson – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes. Said motion passed with a 4 to 0 vote. 5.APPROVAL OF MINUTES: Mr. Levinson moved to approve the Minutes of the Regular Meeting of April 4, 2006, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Levinson – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mr. Fetzer – Yes. Said motion passed with a 4 to 0 vote. 04/18/06 Mr. Fetzer moved to approve the Minutes of the Special/Workshop Meeting of April 11, 2006, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mayor Perlman – Yes; Mrs. Ellis – Yes; Mr. Fetzer – Yes; Mr. Levinson – Yes. Said motion passed with a 4 to 0 vote. 6. PROCLAMATIONS: 6.A.Palm Beach International Film Festival Days – April 20-28, 2006 Mayor Perlman read and presented a proclamation hereby proclaiming the week Palm Beach International Film Festival Days of April 20, 2006 through April 28, 2006 as in Delray Beach, Florida. Yvonne Boice came forward to accept the proclamation and thanked th Mayor Perlman and the residents. Ms. Boice stated this is their 11 year as a 501(C)(3) organization. th 6.B.Pine Grove Elementary School – 40 Anniversary Mayor Perlman read and presented a proclamation hereby proclaiming 2006 as th Pine Grove Elementary School’s 40 Anniversary Celebration. Linda Cartlidge, Principal came forward to accept the proclamation and plaque. On behalf of the Education Board, Debra Kaiser presented a book from the library for their library. th 6.C.Pinecrest Rehabilitation Hospital – 20 Anniversary Mayor Perlman read and presented a proclamation hereby recognizing Pinecrest th Rehabilitation Hospital on its 20 Anniversary and congratulates their commitment to outstanding service and support to the community. Mayor Perlman gave these to Commissioner Fetzer. 6.D.Victims’ Rights Week – April 24-28, 2006 Mayor Perlman stated this proclamation will be mailed. 6.E.Municipal Clerk’s Week – April 30 - May 6, 2006 Mayor Perlman read and presented a proclamation hereby proclaiming April 30, 2006 through May 6, 2006 as Municipal Clerks Week. Chevelle D. Nubin, City Clerk, accepted the proclamation. 7. PRESENTATIONS: 7.A.Employee Suggestion Awards to Robert Williamson, Robert Bullard, and Harold Williams – Environmental Services Department Mayor Perlman stated the City of Delray Beach has a program that if the employees make suggestions that save the City money they are recognized with cash awards for saving money and coming up with innovative programs and more efficient ways to do things. - 2 - 04/18/06 He stated there has been some big savings over the years and commented that this is a good program. Randal Krejcarek, City Engineer, stated Mr. Robert Williamson came up with the idea for the City’s telemetry to buy the entire unit from one vendor and he discovered that it comes in two different parts. Mr. Krejcarek stated one of the parts is the circuit board which is vendor specific and the other part which is actually the radio part whereas the City can buy a third party radio and tune them in-house. Mr. Williamson suggested that the City purchase the parts separately and as a result saving the City $10,295.00. Mr. Williamson is eligible for an award of $2,059 which is 20% of the annual savings. Mayor Perlman stated Mr. Robert Bullard and Mr. Harold Williams are each eligible for an award of $13,900 which is 20% of the annual savings of $139,000.00. Mayor Perlman presented all three employees with a Certificate of Achievement; and Randal Krejcarek presented their checks. 7.B.Recognition of Jhankar Gadkari, Rohit Nerurkar, Sonali Ajuja, and Kiran Kambhampati - Rotary Group Study Exchange Mayor Perlman introduced and recognized Jhankar Gadkari, Rohit Nerurkar, Sonali Ajuja and Kran Kambhampati of the Rotary Group Study Exchange Team. The team has traveled to the United States as guests of the Rotary International and Delray Beach’s Rotary District 6930, an area from Titusville to Boca Raton. They will be in Delray Beach on April 16- 22, 2006. They will be in Florida for six weeks and will learn about our lives, customs, and business practices and have experienced many new things since their arrival in our Country on March 18, 2006. The participants are young professionals between 25-45 years of age. Mayor Perlman presented key chains to the recipients of the Rotary Group Study Exchange Team. Jhankar Gadkari gave a few brief comments and as a token of appreciation presented a flag from India and a book to Mayor Perlman. 7.C.Recognition of Vera Farrington – Palm Beach County Historical Society Award Mayor Perlman read and presented a Special Recognition Award to Vera Farrington, Founder of EPOCH (Expanding and Preserving Our Cultural Heritage and the S.D Spady Museum). Mrs. Farrington came forward to accept the award and stated EPOCH is dedicated to recognizing the efforts of all citizens of Delray Beach who are responsible for making Delray Beach what it is today. 7.D.Recognition of Gene Sapino – Police Officer of the Year Mayor Perlman read and presented a Special Recognition Award to Officer Gene Sapino for being selected as Office of the Year. Officer Sapino came forward to accept the award. - 3 - 04/18/06 7.E.Recognition of John Callahan, III – Director of Delray Beach Library Mayor Perlman read and presented a Special Recognition Award to John Callahan, III. Mr. Callahan came forward to accept the award and thanked the current City Commission and the City Commissioners who have served for the last seven years as well as Mr. Harden, Susan Ruby, and City staff for helping to get the new library completed. 7.F.First Night International Creative Programming Award for Bobcat Ballet; and Special Recognition to John Arbeau and William “Bill” Luciano – Public Works Division Robert A. Barcinski, Assistant City Manager, stated the City of Delray Beach has been involved with First Night for nine years and this will be the tenth year. The City has held the license for four years and every year staff attempts to change things. This year the idea of the “Bobcat Ballet” won the First Night International Creative Programming Award for the Bobcat Ballet. Mr. Barcinski introduced John Arbeau and William “Bill” Luciano who agreed to be the drivers for this event. Marjorie Ferrer, Executive Director of the Downtown Delray Marketing Cooperative, gave a brief PowerPoint presentation and showed a video clip of the Bobcat Ballet. She stated the theme was to “Dance the Night Away” and was a wonderful opportunity for them to showcase the cultural groups. She presented an award to Mayor Perlman, John Arbeau and William “Bill” Luciano. 7.G.“Spotlight on Education” and Special Recognition – Elizabeth Kennedy, Principal of Morikami Park Elementary School Elizabeth Kennedy, Principal of Morikami Park Elementary School, stated the fifth grade students are doing a culmination of the IB Program and they spend one year working on projects and small groups on solving a world problem. She stated they are very proud of the international students they develop. She stated Morikami won an award this year in West Palm Beach with the “Kaleidoscope” which is a celebration of many cultures. Mrs. Kennedy announced that Morikami won the “Best Education Environment” this year and they have been recognized as one of the top 100 schools in the State of Florida for academic excellence. She stated she is very proud of the school and love the support they receive from the City of Delray Beach. Mrs. Kennedy stated Morikami is eight years old and this year there are four graduating seniors from Atlantic High School who will have the distinction of always being the first four people that entered Morikami as fifth graders (Morikami’s first year) and participated in the IB Program in Elementary, went on to Carver, and are now graduating with IB Diplomas from Atlantic. She stated the teachers, parents, and students make Morikami what it is. Janet Meeks, Education Coordinator, stated as part of the Mayor’s Literacy initiative, staff ordered books on the Japanese culture; however, these books did not come in on time. Therefore, Mrs. Meeks presented Mrs. Kennedy with a replacement book signed by Mayor Perlman. - 4 - 04/18/06 7.H.City of Delray Beach Residents’ Academy Certificates – Janet Meeks Janet Meeks, Education Coordinator, stated this was the largest group to graduate and noted that there were 20 returning residents along with 8 new residents that joined them in the spring. Mayor Perlman and Janet Meeks presented certificates to the following City of Delray Beach Residents’ Academy graduates for spring 2006: ?? Amy Alvarez Terra Malone ?? Ewairiz Alvarez-Hayward Nelson McDuffie ?? Estelio Breto Jean Moorefield ?? Dorothy “Dot” Bast Cheryl Minchak ?? Alfred Celcis Isabel Rose Make ?? Courtney Calfee Queen Owens ?? Rick Corbin Bonnie Raycroft ?? Lydia Carreiro Peter Raycroft ?? Vincent Dole Bob Sykes ?? Genevieve R. Dole Kevin Schenck ?? Arete Friedman Dawn Teetsel ?? Donna Gogreve Denise Valek ?? Lisa Harris Rhonda Young ?? Anne Harrison Abbey Weiss ?? Scott Hayward Linda Wemyss ? Bernard Kohout At this point, Rhonda Young and Isabel Rose Make came forward and gave a few brief comments regarding the Residents’ Academy. Janet Meeks thanked the City Commission for supporting this program and as a token of appreciation she passed out pins to the City Commission. Mayor Perlman thanked the graduates, Lula Butler, Janet Meeks, and all the Department Heads for their hard work. 8.CONSENT AGENDA: City Manager Recommends Approval. 8.A.FINAL SUBDIVISION PLAT APPROVAL/CODA PLAT: Approve the subdivision plat for a mixed-use development known as Coda (fka Lighthouse), located on the ststnd south side of S.W. 1 Street, between S.W. 1 Avenue and S.W. 2 Avenue. 8.A.1.RESOLUTION NO. 19-06: Approve Resolution No. 19-06 abandoning a 16’ wide unimproved alleyway right-of-way associated with Coda, a proposed mixed-use ststnd development, located south of S.W. 1 Street, between S.W. 1 Avenue and S.W. 2 Avenue. The caption of Resolution No. 19-06 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND - 5 - 04/18/06 ABANDONING A 16 FOOT WIDE NORTH-SOUTH UNIMPROVED ALLEY RIGHT-OF-WAY LYING WITHIN HEISLEY ESTATES AND THE RESUBDIVISION OF THE SOUTH ONE HALF (S ½) OF BLOCK 54, LOCATED ON THE STST SOUTH SIDE OF SW 1 STREET, BETWEEN SW 1 ND AVENUE AND SW 2 AVENUE, BUT RESERVING AND RETAINING TO THE CITY A GENERAL UTILITY EASEMENT OVER THE ENTIRE ABANDONMENT AREA AS MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”. (The official copy of Resolution No. 19-06 is on file in the City Clerk’s office.) 8.B.FINAL SUBDIVISION PLAT APPROVAL/MICHAEL’S WAY PLAT: Approve the minor subdivision plat for Michael’s Way (fka Seagate Villas), located on the northeast corner Sea Sage Drive and Bucida Road. 8.C.INTERLOCAL AGREEMENT/CITY OF BOYNTON BEACH: Approve an Interlocal Agreement between the City and the City of Boynton Beach regarding maintenance of the Lake Drive Bridge. 8.D.ACCEPTANCE OF RIGHT-OF-WAY DEED/RIGHT OF ENTRY AGREEMENT/AMJAD HAMMAD: Approve and accept a right-of-way deed and right of th entry agreement between the City and Amjad Hammad associated with the S.W./N.W. 5 Avenue Project. TH 8.E.ACCEPTANCE OF RIGHT-OF-WAY DEED/50 N.E. 5 AVENUE: Approve and accept a right-of-way deed associated with Legacy Bank of Florida, located on the thth west side of N.E. 5 Avenue, 284 feet north of Atlantic Avenue (50 N.E. 5 Avenue). 8.F.REVISED RULES/PUBLIC ART ADVISORY BOARD: Approve the revised rules of the Public Art Advisory Board as adopted by that board on March 27, 2006. 8.G.SUB-RECIPIENT FUNDING AGREEMENTS/DELRAY BEACH COALITION FOR COMMUNITY RENEWAL: Approve and authorize the execution of funding agreements in the total amount of $75,350.00 with two (2) sub-recipients (Gulfstream Goodwill Industries and New Innovations) under the Delray Beach Coalition for Community Renewal (fka Weed & Seed) Program. Funding is available from 115-2126-521-31.90 (Special Projects Fund/Other Professional Services) and 001-4105-572-34.90 (General Fund/Other Contractual Services). 8.H.CHANGE ORDER NO. 1/FINAL PAYMENT/ALMAZAN BROTHERS, INC.: Approve Change Order No. 1 in the amount of a $42,131.00 decrease and final payment in the amount of $12,813.90 to Almazan Brothers, Inc. for completion of the West Atlantic th Avenue/N.W. 24 Avenue Intersection and Turn Lane Improvements Project. Funding is available from 334-3162-541-53.90 (General Construction Fund/Other Road Materials). - 6 - 04/18/06 8.I.RESOLUTION NO. 20-06: Approve Resolution No. 20-06 supporting the Florida Department of Community Affairs’ Communities for a Lifetime initiative. The caption of Resolution No. 20-06 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE FLORIDA DEPARTMENT OF ELDER AFFAIRS’ COMMUNITIES FOR A LIFETIME INITIATIVE. (The official copy of Resolution No. 20-06 is on file in the City Clerk’s office.) TH 8.J.ACCEPTANCE OF EASEMENT DEED/S.W./N.W. 5 AVENUE: Approve and accept an easement deed between the City and the Community Redevelopment Agency th (CRA) to allow for the installation of a sidewalk as part of the S.W./N.W. 5 Avenue Project. 8.K.REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period April 3, 2006 through April 14, 2006. 8.L.AWARD OF BIDS AND CONTRACTS: 1. Contract award to Murray Logan Construction, Inc. in the amount of $17,000.00 via the Palm Beach County Contract #05118 for rehabilitation of Lift Stations 23 and 90B. Funding is available from 442-5178-536- 61.83 (Water/Sewer Renewal and Replacement Fund/Lift Station Rehabilitation). 2. Purchase award to Seating Constructors USA, Inc. in the amount of $50,111.69 via Florida State Contract #650-001-04-1 for the purchase of two (2) 10 row 27 foot bleachers for Little Fenway Field at Miller Park. Funding is available from 380-4150-572-63.81 (2004 G.O. Bond/Parks & Recreation/Improvements/ Other Parks Citywide) and 334-4151-572- 63.81 (General Construction Fund/ Other Parks). 3. Purchase award to Gametime in the amount of $100,268.03 via Florida State Contract #650-001-04-1 for playground equipment for Knowles Park, Currie Commons, and Anchor Park. Funding is available from 380- 4150-572-63.81 (2004 G.O. Bond/Parks & Recreation/Improvements/Other Parks). 4. Bid award to Tanner Industries at an estimated annual cost of $28,000.00 via the Palm Beach County Bid #06-034CB for the purchase of anhydrous ammonia. Funding is available from 441-5122-536-52.21 (Water/Sewer Fund/Chemicals). 5. Purchase award to Americas Generators, Inc., as a sole source vendor, in the amount of $45,539.90 for the purchase of five (5) 16 KW skid mounted generators for the City’s utility system for hurricane response - 7 - 04/18/06 and recovery. Funding is available from 441-5161-536-64.90 (Water & Sewer New Capital/ Other Machinery & Equipment). 6. Contract award to DCR Engineering Services, Inc. in the amount of $102,712.55 for the purchase and installation of a replacement Fire Station Alerting System for the Fire Department. Funding is available from 334- 6112-526-64.55 (General Construction Fund/Fire Station Alert System). 7. Purchase award in the total amount of $43,651.73 to Universal Signs & Accessories and 3M Traffic Safety for the purchase of reflective material, aluminum blanks, and sign posts as replacement stock for the City’s sign shop. Funding is available from 001-3141-541-52.20 (General Fund/General Operating Supplies). Mr. Fetzer moved to approve the Consent Agenda as amended, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mayor Perlman – Yes; Mrs. Ellis – Yes; Mr. Fetzer – Yes; Mr. Levinson – Yes. Said motion passed with a 4 to 0 vote. Item 7.I., Presentations. At this point, the Commission moved to 7.I.Western Senior/Community Center Design Presentation (ADDENDUM) Abbas Zackria, Walters Zackria Associates (Architects) gave a brief overview of the needs analysis and schematic design for Phase I of the Western Community Center. This site is located on the corner of Lake Ida Road and Congress Avenue. The Needs Assessment discussed issues about having a senior facility as well as having a fitness center, gymnasium and a youth program. Mr. Zackria stated Phase I is approximately 10,300 square feet and Phase II is approximately 22,000 square feet. He stated the overall building will cost $7,591,000.00 and if this building is constructed in two Phases then Phase I would be $3,175,000.00 and Phase II as $4,937,000.00 for a total of $8,112,000.00. Mr. Levinson asked what kind of time differential was used between Phase I and Phase II. In response, Mr. Zackria stated he put a two year separation with a 15% inflation factor. Mr. Fetzer asked what the construction schedule is for Phase I. In response, Mr. Zackria stated the design will be completed by December 2006 and construction to start in January 2007. Mr. Levinson commented about there being no physical connection between the old building and the new (just through the exterior courtyard). Mr. Zackria stated this is correct. Mr. Levinson stated if the program were changed to not include an Alzheimer’s Day Care how would the interior space change. In response, Mr. Zackria stated they can do a lot of programming in the facility without having direct connection. He stated they can connect the two courtyards where one would go back and forth between the new assembly space and the existing facility. - 8 - 04/18/06 Mayor Perlman inquired about the size of the retention/park area. Mr. Zackria stated approximately 1 ½ acres. Mrs. Ellis stated she likes the design. Mayor Perlman asked if this will have any hurricane shelter capacity in the gymnasium. In response, the City Manager stated it would add substantially to the cost and with the capacity the City has at Atlantic High School now it is not really necessary. Brief discussion between the Commission, staff and Mr. Zackria continued regarding parking and transportation. It was the consensus of the Commission to give direction to Mr. Zackria to construct the entire building in one phase per the City Manager’s recommendation. At this point, the time being 7:28 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10.PUBLIC HEARINGS: 10.A.ORDINANCE NO. 14-06 (SECOND READING/SECOND PUBLIC HEARING): Amendment to the Land Development Regulations (LDR) establishing a six (6) month moratorium on demolitions, additions, and new construction in the City’s five (5) Historic Districts. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 14-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ESTABLISHING A TEMPORARY BUILDING MORATORIUM FOR ANY DEMOLITION AND DEVELOPMENT PROPOSAL LOCATED IN ANY OF THE CITY’S FIVE HISTORIC DISTRICTS FOR PROPERTIES NOT ZONED COMMUNITY FACILITIES (CF) OR CENTRAL BUSINESS DISTRICT (CBD) AND WHICH EXCEEDS CERTAIN SQUARE FOOTAGES, AND AS FURTHER DEFINED HEREIN FOR A PERIOD OF SIX (6) MONTHS FROM THE DATE OF ADOPTION OF THIS ORDINANCE; PROVIDING FOR GEOGRAPHIC AREA COVERED; PROVIDING FOR THE DURATION OF MORATORIUM; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 14-06 is on file in the City Clerk’s office.) - 9 - 04/18/06 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 proposal on new development proposals including demolitions except for properties which are deemed unsafe and these properties will continue to be demolished. He stated any construction under 2,000 square feet could continue to be permitted in this six month period as well as any additions to existing structures which are less than 50% of the existing structures. This would apply to all five districts. During the moratorium, staff will work with the residents within the five historic districts to establish the overlay district similar to that of the Beach Property Owners’ Overlay District. This overlay would place additional regulations specific to each district, with the intent to assure that all new development respects and is visually compatible with the surrounding neighborhood character in terms of architectural style, scale, and massing. At its meeting of March 20, 2006, the Planning and Zoning Board considered this item and recommended approval of the moratorium with a 7 to 0 vote. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 14-06, the public hearing was closed. Mrs. Ellis moved to adopt Ordinance No. 14-06 on Second and FINAL Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Ellis – Yes; Mr. Fetzer – Yes; Mr. Levinson – No; Mayor Perlman – Yes. Said motion passed with a 3 to 1 vote, Commissioner Levinson dissenting. 10.B.ORDINANCE NO. 21-06: An ordinance amending Land Development Regulations (LDR) Section 2.4.3(K)(3), “Permit Fees”, to enact a new subsection (s) authorizing the waiver of building permit fees for the installation of auxiliary power generators and fuel systems in critical use groups and occupancies. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 21-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CITY’S LAND DEVELOPMENT REGULATIONS BY AMENDING SECTION 2.4.3(K)(3), “PERMIT FEES”, IN ORDER TO ENACT A NEW SUBSECTION (S) TO PROVIDE THAT ALL PERMIT FEES REGARDING INSTALLATION OF GENERATORS AND ALL APPURTENANCES RELATED TO GENERATORS INCLUDING FUEL STORAGE AREAS - 10 - 04/18/06 AND SCREENING FOR ALL SERVICE STATIONS, GROCERY STORES, KIDNEY DIALYSIS CENTERS, PHARMACIES, RESIDENTIAL BUILDINGS WITH ELEVATORS, COUNTRY CLUBS AND CLUBHOUSES WITHIN RESIDENTIAL COMMUNITIES SHALL BE WAIVED; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 21-06 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. Commissioner Levinson stepped away from the dais. Terrill Barton, Assistant City Attorney, stated the City of Delray Beach is taking a proactive approach to help the grocery stores, etc. get generators set up before the next hurricane season if possible. She stated this ordinance was approved by the Planning and Zoning Department last night with a vote of 7 to 0. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 21-06, the public hearing was closed. Prior to the vote, Mayor Perlman stated this is a great move to incentivize businesses that provide the central life saving services to have these generators. He stated there were some issues with the last hurricane including a tremendous need for dialysis in this community and hopes that businesses will take advantage of this. Mr. Fetzer moved to adopt Ordinance No. 21-06 on Second and Final Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Fetzer – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes. Said motion passed with a 3 to 0 vote. 10.C.ORDINANCE NO. 6-06: An ordinance amending Ordinance No. 28-89, Section 5 to allow the addition of two self storage facility buildings totaling 17,700 square feet and amending Land Development Regulations (LDR) Section 4.4.25(G), “S.A.D.s”, Subsection (1) to reflect the name change to “United Stor-All”, located on the east side of Military Trail approximately 2,450 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. 6-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 28-89 BY AMENDING SECTION 5 TO - 11 - 04/18/06 ALLOW FOR THE ADDITION OF TWO SELF SERVICE STORAGE FACILITY BUILDINGS TOTALING 17,700 SQUARE FEET TO THE PROPERTY AND AMENDING THE LAND DEVELOPMENT REGULATIONS SECTION 4.4.25(G), “S.A.D.s”, SUBSECTION (1) TO REFLECT THE NAME CHANGE FROM “THE EXTRA CLOSET” TO “UNITED STOR-ALL”; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 6-06 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. At this point, Mr. Levinson returned to the dais. Paul Dorling, Director of Planning and Zoning, stated this is an amendment to an S.A.D. (Special Activities District) zoning. This district is unique in that any modifications are processed as a rezoning which has an attached site plan to it. This modification involves the addition of two self storage buildings to the facility on Military Trail north of Lake Ida Road. One of the proposed buildings will be placed toward the east end of the property having a width of 30 feet and a length of 490 feet (totaling 14,700 square feet). The second building will be located toward the front of the property (west end) and have a width of 20 feet and a length of 150 feet (totaling 3,000 square feet) and both buildings will be one-story in height. The amendment also implements a name change from what was previously known as Extra Closet to what will be know today as United Stor-All. At its meeting of January 23, 2006, the Planning and Zoning Board considered this item and the Board voted 7 to 0 to recommend approval. It then came to the City Commission on February 7, 2006 for a First Reading and the City Commission recommended approval. On March 22, 2006, it was then forwarded to the Site Plan Review and Appearance Board (SPRAB) for approval of the site plan. This approval was subject to conditions in Exhibit “A” and an additional condition was added that related to a requirement for the exterior elevation that was along Military Trail to extend along the north and south facades of the building at a minimum of 30 feet and SPRAB thought this to be a little excessive and reduced this to a minimum of 12 feet. Mayor Perlman declared the public hearing open. Bonnie Miskel, 222 Lakeview Avenue, West Palm Beach (Attorney here on behalf of United Stor-All), stated she is present this evening for any questions the Commission may have. There being no one from the public who wished to address the Commission regarding Ordinance No. 6-06, the public hearing was closed. - 12 - 04/18/06 Mr. Levinson moved to adopt Ordinance No. 6-06 on Second and FINAL Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Levinson – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mr. Fetzer – Yes. Said motion passed with a 4 to 0 vote. Item 11, Comments and Inquiries on At this point, the Commission moved to Non-Agenda Items. 11.A.City Manager’s response to prior public comments and inquiries. The City Manager stated at the last City Commission meeting several residents in the western part of the City expressed concern about the condition of the fence around the Rainberry Woods subdivision. At that meeting, the City Commission authorized funds for replacement of the fence. The City is taking neighborhood funds and putting them together with some funds the homeowners association had. The contractor started the work and is expected to be finished by the end of May. In addition, Code Enforcement personnel had been meeting with the Country Manors residents to keep them informed about the fence replacement and has assigned an officer to Rainberry Woods to work with the association to improve any issues with code violations throughout the subdivision. Also, he stated at the last City Commission meeting several people expressed concern over the “Jump Shots Sports Bar & Billiards” in the Lake Ida Plaza. Code Enforcement had issued a violation notice for failure to get conditional use approval for extended operating hours and this matter has been reviewed by both the Planning Department and the City Attorney’s office. The City Attorney stated they were granted a conditional use in 1999 which was for a full service restaurant and bar and it was prior to the time that the City of Delray Beach adopted the late night business ordinance. Therefore, they are really not governed by the late night business ordinance because they are grandfathered in under the conditional use that was approved in 1999. With regard to the issues with the Delray Beach Police, the City Manager stated this was referred to the Police Advisory Board and they will provide him with a response in writing which he will then forward to the City Commission. The City Manager stated he also has a Police report that he will copy and distribute to the City Commission. th The City Manager stated the City received a noise complaint on March 5, and on thth March 12 and 13 starting at 9:30 p.m. and going until 1:20 a.m., the City received calls about extremely loud noise (i.e. vibrating homes, etc.). He stated the Police responded to each one of these and requested that the noise be turned down but it was turned back up again. Therefore, th the Police had to go back to “Jump Shots Sports Bar & Billiards” four times. On March 19 and th 20, one call was received at 11:41 p.m. and 12:45 a.m. and a fight call at 2:02 a.m. He stated a th woman came into the Police Department on April 10 about a battery occurring at the bar on th April 7. The City Manager stated there is a history behind the Police response and has asked the Police Advisory Board to assist the City in communicating that the presence of Police is not - 13 - 04/18/06 harassment (although it is perceived this way by some) and advise City staff if there are things that need to be done differently so that it is not perceived in this way. Mr. Levinson stated there were numerous comments that were made that the City does not have a presence on east Atlantic Avenue. He noted that there is a significant presence on east Atlantic Avenue both vehicles parked and people walking patrols. The City Manager stated he also has a list of establishments where they have dealt with various noise issues and liquor sale issues. With regard to a prior concern expressed by Mrs. Finst about Waste Collection service for Chatelaine, the City Manager stated the City is monitoring Waste Management very carefully in this area and all the violations and service lapses are being acted on. He stated they have seen improvements and believe that they will get back on track given the kind of service the City expects. If not, he stated the City will take appropriate action. 11.B.From the Public. st 11.B.1.Abbey Weiss, 809 N.E. 1 Street, Delray Beach, stated last year the walkway under the bridge at Veteran’s Park and Atlantic Avenue was opened up and noted she loves not having to cross the street when she wants to walk over to the other side of the Intracoastal. She stated it is a wonderful thing; however, she noted that there is some graffiti but she has since called Code Enforcement about it and was assured that it would be taken care of as soon as possible. She pledged to the Commission that she will make sure that once the graffiti is painted over she will make sure that it does not come back. Ms. Weiss stated she will try and keep it a nice safe place so that visitors and anyone else who happens to walk underneath the bridge does not think it is a dangerous scary place to be because of the spray painting. th 11.B.2.Shirley Johnson, 701 N.W. 4 Street, Delray Beach, congratulated new Commissioners Fetzer and Montague. She stated in this past election the citizens were engaged and came out to vote in historical numbers and commented about workforce housing and live broadcasting of the City Commission meetings. She stated live broadcasting will allow everyone to see and hear all the great things that are being done in the City of Delray Beach. She stated there are many housebound senior citizens who will feel a part of the civic community. She stated one of the main purposes of live broadcasting would be to discourage any misinformation. Secondly, she noted the loss of two historic landmarks in Delray Beach (Office Depot Headquarters and Bloods Hammock Groves). 11.B.3.Ilyne Cooper, 2200 Riviera Drive, Delray Beach, stated she appeared before the Commission on April 4, 2006 where she presented a petition of 872 signatures in regard to the appearance of Lake Ida Road from Military Trail to Swinton Avenue. She stated many residents were hoping that the fence around Rainberry Woods would be concrete or something more permanent. She now understands that it is going to be wood and hopes the next hurricane will not destroy it. She expressed concern over the mix matched fences along Lake Ida Road and stated everyone would like to know what is going on because she feels the road is unsightly. - 14 - 04/18/06 Mayor Perlman stated Rainberry Woods is private property and the City cannot spend public funds for private fences. He stated the City is doing this in conjunction with a broader plan to improve and upgrade the neighborhood. Mayor Perlman stated a Code Enforcement Officer has been assigned to this neighborhood and there will be some aggressive enforcement of the City’s codes. Ms. Cooper commented about all the debris in the vacant lot and asked that someone attend to this lot. The City Manager stated the City has requested prices from three contractors to clear out the underbrush. 11.B.4.Alice Finst, 707 Place Tavant, Delray Beach, speaking on behalf of Progressive Residents of Delray (P.R.O.D.) expressed concern over the setbacks. She stated they have been told that there would be no more “canyonization” and that there will be a “wedding cake” approach and that there will be setbacks. However, she stated this only applies to the CBD (Central Business District) in the downtown area. Mrs. Finst asked the Commission to look into extending the setback process to all areas of the City where it is appropriate. Item 9.A., of the Regular Agenda. At this point, the Commission moved back to 9.REGULAR AGENDA: 9.A.REQUEST FOR IN-LIEU PARKING SPACES/CAFÉ MOCHA: Consider a request from Café Mocha for the purchase of two (2) in-lieu parking spaces in the amount of (Quasi-Judicial Hearing) $12,000.00. Café Mocha is located at 325 Pineapple Grove Way. Mayor Perlman read 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. The Commission had no ex parte communications to disclose. Scott Aronson, Parking Management Specialist, entered the project file #2006- 133 into the record. Mr. Aronson stated Café Mocha is located at 325 Pineapple Grove Way, has submitted a Class III site plan modification for the conversion of 1,600 square feet of retail space to restaurant. The proposed restaurant is part of a mixed use development which contains approximately 4,600 square feet of retail on the ground floor and four residential units on the upper floors. The original site plan was approved with one in-lieu of parking space by calculating the difference between retail and restaurant parking requirements. The conversion would require two additional parking spaces. The recent Downtown Cluster Study does identify a need for more restaurants in Pineapple Grove Way to help create more of a destination atmosphere. - 15 - 04/18/06 At its meeting of February 28, 2006, the Parking Management Advisory Board (PMAB) unanimously recommended approval of the applicant’s request. At its meeting of April 5, 2006, the Site Plan Review and Appearance Board (SPRAB) approved the Class III Site Plan modification, citing approval of the in-lieu request by the City Commission as a condition of approval. The applicant is requesting the purchase of two (2) additional in-lieu parking spaces, at a cost of $6,000 each, for a total of $12,000, to be paid in full upon issuance of a building permit. Mayor Perlman stated if anyone from the public would like to speak in favor or in opposition of the request for in-lieu parking spaces, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the request for in-lieu parking spaces, the public hearing was closed. Mr. Fetzer moved to approve the request for in-lieu parking spaces from Café Mocha for the purchase of two (2) in-lieu parking spaces, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mayor Perlman – Yes; Mrs. Ellis – Yes; Mr. Fetzer – Yes; Mr. Levinson – Yes. Said motion passed with a 4 to 0 vote. 9.B.RESOLUTION NO. 18-06 (MID-YEAR BUDGET ADJUSTMENT): Consider approval of a resolution making mid-year adjustments to the adopted budget for FY 2006. The caption of Resolution No. 18-06 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 72-05 ADOPTED SEPTEMBER 20, 2005, WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 2005/2006, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 2005/2006; REPEALING ALL RESOLUTIONS INCONSISTENT HEREWITH. (The official copy of Resolution No. 18-06 is on file in the City Clerk’s office.) The City Manager stated this is regarding changes in revenues and expenses. The biggest part of these changes is hurricane related both on the revenue side and the expense side. Mr. Levinson stated it looks like we were significantly under on our franchise tax fees and also gas to a certain extent. He inquired as to what the difference is from what was anticipated. Mrs. Ellis moved to approve Resolution No. 18-06, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Perlman – Yes; Mrs. Ellis – Yes; Mr. - 16 - 04/18/06 Fetzer – Yes; Mr. Levinson – Yes. Said motion passed with a 4 to 0 vote. 9.C.PILGRIM BELLE CRUISES, LLC: Provide direction regarding a request from Pilgrim Belle Cruises to pay dock space rental fees for the summer months and a five (5) year extension to the current contract for dock space at Veteran’s Park. The City Attorney stated this is a request from Joe Reardon, Owner of Pilgrim Belle Cruises, that he be allowed to pay his rental fee through the summer months, even though, he will not be using the dock space at Veteran’s Park, in exchange for the City not renting this space out to any other boats during the summer months. Mr. Reardon has also requested an extension for an additional 5 year period. Joe Reardon, Owner of Pilgrim Belle Cruises, stated they have the sightseeing part of the attraction down and now feel there is a need for another attraction which would be a dinner cruise boat. Mr. Reardon stated this is the reason for the extension. The City Attorney stated staff will draft an agreement allowing the extension of time and the extension of time would be subject to a new boat. Mr. Reardon stated the current agreement expires in February 2009 and the additional 5 years would be conditional on a new boat. Mr. Levinson commented about a concern expressed by the Pilgrim Belle in their letter (second paragraph) that states “As of right now, we are waiting for the Parks Dept. to let us know when the dock at Veteran’s Park will be repaired.” Mr. Reardon stated there is damage done to the dock as a result of the hurricane. He stated the engineer the City had come look at the dock was not comfortable with what Pilgrim Cruises is currently tied up to. He stated one of the main reasons they wanted to get this boat out of there is his insurance company does not want him tied there until it was fixed. It was a slower season and that is when they thought the work would be done. Joe Weldon, Director of Parks and Recreation, stated Coastal Planning and Engineering is working on specifications now. He stated hopefully within 30-60 days construction to repair the dock will begin. Mrs. Ellis moved to approve the extension of 5 years from 2009 contingent on the purchase of a new boat by the end of this calendar year, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Ellis – Yes; Mr. Fetzer – Yes; Mr. Levinson – Yes; Mayor Perlman – Yes. Said motion passed with a 4 to 0 vote. 9.D.OFF SITE PARKING AGREEMENT/CITY LIMITS: Consider approval of an Off Site Parking Agreement for the new City Limits Establishment which provides for a th minimum of twenty-three (23) spaces for use by City Limits, the spaces are located at 29 N.E. 4 Avenue. - 17 - 04/18/06 The City Attorney stated this Off-Site Parking Agreement for the new City Limits Establishment is for a minimum of twenty-three (23) spaces for use by City Limits. Brief discussion between the Commission and Mr. Gallagher followed. Mr. Levinson moved to approve the off-site parking agreement for the new City Limits Establishment, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Fetzer – Yes; Mr. Levinson – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes. Said motion passed with a 4 to 0 vote. 9.E.CONTRACT TERMINATION AND RECOVERY OF COSTS/R&S INTEGRATED, INC./EASYAGENDA: Consider approval of the cancellation of the contract with R&S Integrated, Inc. for the purchase of the EasyAgenda software for the paperless agenda and recovery of costs; and authorize staff to draft agreements and releases for reimbursement to be executed by the City Manager. The City Attorney stated this is a contract termination that the City of Delray Beach has worked out with R&S Integrated, Inc. The City would receive services for the monies that have been spent (approximately $11,000.00). R&S Integrated, Inc. agreed that they would provide Laserfiche maintenance for the City’s LaserFiche system in the City Clerk’s office plus provide the City with a few Laserfiche email account licenses. The Laserfiche maintenance and email account licenses would total up to the monies the City has expended. Mr. Levinson moved to approve to the contract termination and recovery of costs with R&S Integrated, Inc. for the purchase of the EasyAgenda software, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Levinson – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mr. Fetzer – Yes. Said motion passed with a 4 to 0 vote. 9.F.APPOINTMENT OF COMMUNITY REDEVELOPMENT AGENCY (CRA) CHAIRMAN/VICE-CHAIRMAN: Appoint a Chairman and Vice-Chairman to the Community Redevelopment Agency Board. Mayor Perlman declared a conflict of interest, passed the gavel to Vice Mayor Ellis and stepped down from the dais. Mr. Levinson moved to defer the appointment of the Community Redevelopment Agency (CRA) for Chairman and Vice-Chairman until the May 2, 2006 City Commission meeting, seconded by Vice Mayor Ellis. Upon roll call the Commission voted as follows: Vice Mayor Ellis – Yes; Mr. Fetzer – Yes; Mr. Levinson – Yes. Said motion passed with a 3 to 0 vote. 9.G.COMPLAINT FOR DECLARATORY JUDGMENT/FLORIDA DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT: Consider authorizing the City Attorney to file a Complaint for Declaratory Judgment against the Florida Department of Management Services, Division of Retirement regarding the Police & Fire Pension Plan. - 18 - 04/18/06 At this point, Mayor Perlman returned to the dais. The City Attorney stated this item is a complaint for declaratory judgment against the Florida Department of Management Services, Division of Retirement regarding the Police & Fire Pension Plan. Brief discussion between the City Attorney and Mayor Perlman followed. The City Attorney clarified that this item is different from the certification pay. Mr. Levinson moved to approve to authorize the City Attorney to file a Complaint for Declaratory Judgment against the Florida Department of Management Services, Division of Retirement regarding the Police and Fire Pension Plan, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mayor Perlman – Yes; Mrs. Ellis – Yes; Mr. Fetzer – Yes; Mr. Levinson – Yes. Said motion passed with a 4 to 0 vote. Item 12, First Readings. At this point, the Commission moved to 12.FIRST READINGS: 12.A.ORDINANCE NO. 22-06: An ordinance amending Chapter 101, “Municipal Parks, Beaches and Other Recreational Sites”, of the Code of Ordinances by amending Section 101.23, “Criminal Trespass”, to clarify that buildings shall include but not be limited to lifeguard towers. If passed, a public hearing will be scheduled for May 2, 2006. The caption of Ordinance No. 22-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 101, “MUNICIPAL PARKS, BEACHES AND OTHER RECREATIONAL SITES”, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 101.23, “CRIMINAL TRESPASS”, TO CLARIFY THAT BUILDINGS SHALL INCLUDE BUT NOT BE LIMITED TO LIFEGUARD TOWERS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 22-06 is on file in the City Clerk’s office.) The City Attorney read the caption of the ordinance and stated that criminal trespass also includes lifeguard towers. Mr. Levinson inquired about other facilities not on the list that should be included on the list. Brief discussion between the Commission and staff followed. - 19 - 04/18/06 The City Attorney stated staff can bring something back to the Commission regarding Old School Square. Mrs. Ellis moved to approve Ordinance No. 22-06 on FIRST Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Ellis – Yes; Mr. Fetzer – Yes; Mr. Levinson – Yes; Mayor Perlman – Yes. Said motion passed with a 4 to 0 vote. 12.B.ORDINANCE NO. 23-06: An ordinance amending Chapter 36, “Finance; City Property Transactions”, of the Code of Ordinances by amending Section 36.01, “Compliance with Standard Practice Instructions”, to provide that invitations to negotiate are exempt from the requirements of Chapter 36. If passed, a public hearing will be scheduled for May 2, 2006. The caption of Ordinance No. 23-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 36, “FINANCE; CITY PROPERTY TRANSACTIONS”, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 36.01, “COMPLIANCE WITH STANDARD PRACTICE INSTRUCTIONS”, TO PROVIDE THAT INVITATIONS TO NEGOTIATE ARE EXEMPT FROM THE REQUIREMENTS OF CHAPTER 36; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 23-06 is on file in the City Clerk’s office.) The City Attorney read the caption of the ordinance. Mayor Perlman stepped down from the dais and passed the gavel to Vice Mayor Ellis. Mr. Levinson moved to approve Ordinance No. 23-06 on FIRST Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer – Yes; Mr. Levinson – Yes; Vice Mayor Ellis – Yes. Said motion passed with a 3 to 0 vote. 12.C.ORDINANCE NO. 24-06: An ordinance amending Chapter 35, “Employees Policies and Benefits”, of the Code of Ordinances by amending Section 35.097, “Retirement Income; Basis, Amount, and Payment”, to provide for payment of Lump-Sum Distributions in excess of $1,000.00. If passed, a public hearing will be scheduled for May 2, 2006. The caption of Ordinance No. 24-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING - 20 - 04/18/06 SECTION 35.097, “RETIREMENT INCOME; BASIS, AMOUNT AND PAYMENT”, TO PROVIDE FOR PAYMENT OF LUMP- SUM DISTRIBUTIONS IN EXCESS OF $1,000.00 ONLY UPON THE WRITTEN ELECTION OF A MEMBER OR DESIGNATED BENEFICIARY; PROVIDING A GENERAL REPEALER CLAUSE; A VALIDITY CLAUSE; AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 24-06 is on file in the City Clerk’s office.) The City Attorney read the caption of the ordinance and stated this is a requirement from the IRS. Mr. Levinson moved to approve Ordinance No. 24-06 on FIRST Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Levinson – Yes; Vice Mayor Ellis – Yes; Mr. Fetzer – Yes. Said motion passed with a 3 to 0 vote. 12.D.ORDINANCE NO. 25-06: An ordinance amending Chapter 33, “Police and Fire Departments”, Subheading “Pensions” of the Code of Ordinances by amending Section 33.62, “Benefit Amounts and Eligibility”, to provide for payment of Lump-Sum Distributions in excess of $1,000.00. If passed, a public hearing will be scheduled for May 2, 2006. The caption of Ordinance No. 25-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.62, “BENEFIT AMOUNTS AND ELIGIBILITY”, AND SECTION 33.67 "OTHER PROVISIONS”, TO PROVIDE FOR PAYMENT OF LUMP-SUM DISTRIBUTIONS IN EXCESS OF $1,000.00 ONLY UPON THE WRITTEN ELECTION OF A MEMBER OR DESIGNATED BENEFICIARY; PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE; AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 25-06 is on file in the City Clerk’s office.) The City Attorney read the caption of the ordinance and stated this is a requirement from the IRS. Mr. Fetzer moved to approve Ordinance No. 25-06 on FIRST Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Vice Mayor Ellis – Yes; Mr. Fetzer – Yes; Mr. Levinson – Yes. Said motion passed with a 3 to 0 vote. - 21 - 04/18/06 At this point, Mayor Perlman returned to the dais. 13.COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A.City Manager The City Manager stated to the Commission that there will be dinner provided on Thursday, April 20, 2006 because of the meetings being back-to-back. Secondly, he stated the Mobile Traffic Monitoring Volunteer Program has been revived and they are still recruiting volunteers. 13.B.City Attorney The City Attorney reminded everyone of the Special Meeting on Thursday, April 20, 2006. 13.C.City Commission 13.C.1.Mr. Fetzer Mr. Fetzer had no comments or inquiries on non-agenda items. 13.C.2.Mrs. Ellis Mrs. Ellis stated she and Commissioner Montague judged the Annual Easter Bonnet Dog Parade on Sunday. She stated it was fun and there were some very interesting bonnets. Secondly, Mrs. Ellis stated she is leaving for vacation on Friday. 13.C.3.Mr. Levinson Mr. Levinson stated the Fish & Wildlife Conservation Commission is holding hearings on waterway speed zones. He attended the meeting approximately one month ago in Highland Beach. Mr. Levinson stated there was discussion that these meetings have not been held in Boca Raton and Mayor Hagelmann suggested that they should hold one of these meetings in Delray Beach as well. Mr. Levinson asked the City Manager to communicate with them that we would like to have an open forum and get some input from the community. Secondly, he stated the Annual Easter Bonnet Dog Parade was fabulous and extended kudos to Lori Moore. Mr. Levinson commented about bringing in the Committee from the “Circle on the Square” event (i.e. Jan Kucera and Louise Glover and others). - 22 - 04/18/06 He stated they had the second orientation for the Communities Land Trust (CLT) last Wednesday and approximately 80 people were there. Mr. Levinson commented about the “Right of First Refusal” to make sure we are creating workforce housing for Delray people. As a requirement to secure a CLT home, you have to currently live or work in Delray Beach. Mr. Levinson stated he would like to see us fulfilling the needs of Delray Beach first not other cities. Lastly, he stated the Eagle’s Nest Academy has won another award at the Florida Association of Public Educators. Mr. Levinson stated he and Dr. Kathy Weigel (Principal of Atlantic High School) and others will be doing a presentation. 13.C.4. Mayor Perlman Mayor Perlman stated he was in meetings all day and does not know what happened with SCRIPPS. He stated Randy Welker is working on getting the City Commission together with the Boca Chamber of Commerce and the Mayor of the City of Boca Raton. Secondly, Mayor Perlman stated he spoke with students from the Atlantic High School Debate Team and the best question he received was the following: “We are graduating from high school and we want to go away to school because we want that experience of living away from home, but then we want to come back and live in Delray because we like what has happened to the area; however, where are we going to work?” He stated the City needs to create jobs that are going to pay enough for people to live comfortably in South Florida and in this area. Mayor Perlman stated the City’s opportunity is with the Congress Avenue Corridor for both the workforce component and for jobs. He stated he had the opportunity to go to the Chamber Breakfast this morning which included a presentation from the Housing Leadership Counsel which is the group that is studying the need for workforce housing. Mayor Perlman stated the City of Delray Beach was singled out as a bright spot as a best practice for the region. He expressed concern over where the regional leadership will come from. Mayor Perlman stated the Annual Easter Bonnet Dog Parade was terrific and noted it is getting harder every year to judge. He stated the event ran smoothly; however, he feels we are at capacity for this event. He stated Lori Moore also does a great job with the Green Market. He stated he will be speaking Sunday morning to the Rainberry Bay Men’s Club. In addition, he will be going to Punta Gorda next week and they would like to emulate many of Delray Beach practices. Mayor Perlman stated he, Diane Colonna, Joe Gray, and Joe Gillie will speak about the arts and some of the All America City things. Mayor Perlman stated it is very important to help other cities. Lastly, Mayor Perlman stated he had lunch today with the President and Owner of City National Bank and they are extremely interested in workforce housing and would like to get involved. Mr. Levinson suggested that they speak with Lula Butler, Director of Community Improvement or Joe Gray, Assistant Director of the Community Redevelopment Agency (CRA). - 23 - 04/18/06 at 8:39 p.m. There being no further business, Mayor Perlman declared the meeting adjourned ATTEST: c3~; ~ ~~L'in~D~ ~ ~~ CIty Clerk The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on April 18, 2006, which Minutes were formally approved and adopted by the City Commission on May 2, 2006 ~~h.~ -' CIty Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. - 24- 04/18/06 FORM 88 MEMORANDUM OF VOTING CONFLICT FOR -':OUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I NAME-FIRST NAME-MIOOLE NAME NAME OF BOARD, COUNCIl, COMMISSION, AUTHORITY, OR COMMITTEE erlman. J~ffrey L. Delray Beach City Commission MAIlING ADDRESS THE BOARD, COUNcIl, COMMISSION, AUTHORITY OR COMMITTEE ON q71 Delrav Lakes Drive WHICH' SERVE IS A UNIT OF: CITY COUNTY Ql CITY a COUNTY a OTHER LOCAl AGENCY Delray Beach, Florida 33444 Palm Beach NAME OF PQUTtCAt.. SUBOlVIStON: Ci~y of Delray Beach DATE ON WHlCH.VOTE OCCURRED MY POSITION IS: 4/18io6 1) ElECTIVE a . APPotfffiVE WHO MUST FILE FORM 88 This foon 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 andnon-advisory bodies who are presented with a voting conflict of Interest under Section 112.3143, Florida Statutes. . Your responsibilitles 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 th~ reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES - vson holding el8ctive or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which . ~ to his. or her special private gain or loss. Each elected or appointed local officer also Is prohibited from knowingly voting on a mea- I which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (lndudingthe parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, ES., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a -relative- includes only the officer's father, mother, son, daughter, husband, wife. brother, sister, father-in-law, mother-ln-law, sorHn-Iaw, 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 10 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 THEVOl::EOCCURS by completing and filing this form with the person responsible for 'reCording the min- utes of Ihe meeting, who should lncOqx)rat,ethe fonn in the minutes. - .. .. .. .. .. .. .. .. .. .. APPOINTED OFFICERS: Although yQU must abstain froril voting in the situations described above, you otherwise may particlJ.l8te.ln~matters. ~ever, you ,...-;-0 diseloselhe.nature of the conflict before making any attelnpt to influence the decision,.whether ~lIy orin wdtlng and whether !Tl8de b )U or at your direction; , ." . .. U INTEND TO MAKE ANY ATTEMPT TOINFLUENCETHE DECISION-'PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN:.~. · You must complete and file this fonn (before making any attempt to Influence the decision) with It)e person responsible for recOrding the mIOutes ofUle meeting, who win incorporate the form in the minutes. (Continued on other side) CEFORM8B-EFF.1J2000 ~ '\. ~ PAGE 1 APPOINTED OFFICERS (continued) . A copy of the fOrm must b6~ ln1mediately to the other members Of the agency. . The f9mi Must be read publicly at the next mooting after the fom'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 ftle It within 15 days after the vote occurs with the person responsible for reCording the minutes Oflhe meeting; who mustlncorpof'ate the form in the minutes. A copy of the form must be provided immediately to the.other l"1l8i'nOOrsofthe agency, and the form must be read publicly at the next meeting after the form Is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I. Jeffrey L. Perlman , hereby disclose that on April 18. ,20 ~: (8) A~ came orwlU come before my agency which (check one) Inured to my special private gain or loss; Inured to U1e special gain or loss of my business associate, 1 IiU8d to the sp8cial gairi or loss of my relative, Di ;ma Colonna Inured to the special gain or loss of whom I am retained; or Inured to the specN;l1 gain 01' loss: of . is the parent organization or subsidiary of a principal which has retained me. . . . (b) The me3sure before my agency and th~ nature 9f myconfticting int8rest in the measure is as follows: . .' , ,by ..... ;whIch Diane'; . Colonna. my wife. is Director of the CoItlttlunity Redevelopment Agency (C~). I have a conflict. voting on items that directly affect the community . Redevelopment 'Ag~ncy. 4/18/06 .' ~. . Date FUed . . . NOnCE:: UNDER PROVISIONS OFFlQRIDAS.tATUT~S ~112.317, A FAlUJRE TO. MAKE .ANY;REQUIRE(;); 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 S~Y, REPRIMAN.D. OR A CIVIL PENALTY NOT TO EXCEED $10,000>. .. . -, 1" r . ",-.~.; CE FORM 88 - EFF. 112000 pAGe 2 . "',