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09-09-03 SEPTEMBER 9. 2003 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 9,2003. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Ab sent - Commissioner Bob Costin Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Barbara Garito, City Clerk 2. The opening prayer was delivered by Reverend Dan Casselberry with Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor Perlman noted the addition of Item S.R.S., Purchase award to Scoreboard Enterprises and Item S.T., Resolution No. 61-03 to the Consent Agenda by addendum. Mayor Perlman stated with regard to Item 9.B., Conditional Use Reauest/Cotta2e Preschool the applicant has requested a six month extension. Mayor Perlman stated the applicant has requested Item 9.D., Conditional Use Reauest for Excel Restaurant be postponed until October 7,2003. Mayor Perlman stated the applicant has requested Item 9.F., Appeal of Site Plan Review and Appearance Board Decision/Borton Motors be postponed until October 7,2003. Mayor Perlman stated the applicant has requested Item 9.H., Special Event Reauest/Hoops 4 All be removed from the Agenda. The City Attorney noted there is a request to move Item S.A., Final Boundarv Plat Approval/Ocean Citv Lofts to the Regular Agenda as Item 9.A.A. In addition, the City Attorney requested Item S.Q., MacArthur Grant Renewal be removed from the Consent Agenda and moved to the Regular Agenda as Item 9.A.A.A. Mr. Levinson requested that Item 9.1., C. Spencer Pompey Sculpture be moved up on the Regular Agenda as Item 9.A.A.A.A. Mrs. Archer moved to approve the Agenda as amended, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. 5. APPRO V AL OF MINUTES: Mr. Levinson moved to approve the Minutes of the Regular Meeting of August 19, 2003, seconded by Ms. McCarthy. 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. Ms. McCarthy moved to approve the Minutes of the Special Meeting of August 26, 2003, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. 6. PROCLAMATIONS: 6.A. Rec02nizin2 and Commendin2 the Delray Beach Ocean Rescue Competition Team Mayor Perlman read and presented a proclamation hereby recognizing and commending the Delray Beach Ocean Rescue Competition Team. The following individuals came forward to accept proclamations: . Operations Supervisor Heather Irurzun, - 18t Place Winner And for superior achievement: . Ocean Rescue Officer Jo Wagenhals, EMT . Ocean Rescue Officer Amy Schwarz, EMT . Ocean Rescue Officer Regis Smeltz, Paramedic - EMT . Ocean Rescue Officer Shawn Gibson, Paramedic - EMT . Ocean Rescue Officer Chris Roog, EMT . Ocean Rescue Officer Nina Mattos, EMT . Ocean Rescue Officer Justin Capodieci, EMT 6.B. Sickle Cell Awareness Month - September 2003 Mayor Perlman read the Sickle Cell Awareness Month proclamation and noted this proclamation will be mailed. -2- 09/09/03 7. PRESENTATIONS: 7.A. "Delrav Beat" - Dr. Neil Fried Dr. Neil Fried, 5320 Jog Lane, Delray Beach, presented the City of Delray Beach with a CD in which he wrote the lyrics for the song entitled "Delray Beat". 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.B. ACCEPTANCE OF EASEMENT DEED/MALLORY SOUARE: Approve and accept an easement deed from Mallory Square Delray, Ltd. for the maintenance of a sidewalk along S.E. 4th Street and S.E. 6th Avenue. 8.C. GRANTING OF UTILITY EASEMENT DEED/FLORIDA POWER AND LIGHT: Approve a utility easement granting to Florida Power and Light a 10 foot utility easement over City owned property adjacent to the Florida East Coast Railway, north of S.E. 4th Street for the Tropical Awning development project. 8.D. RESOLUTION NO. 57-03: Approve Resolution No. 57-03 abandoning Green Parkway right-of-way, located between Linton Boulevard and Black Olive Boulevard, 900' east of Homewood Boulevard, reserving an easement for utilities. The caption of Resolution No. 57-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING GREEN PARKWAY RIGHT-OF-WAY, LOCATED BETWEEN LINTON BOULEVARD AND BLACK OLIVE BOULEVARD, APPROXIMATELY 900 FEET EAST OF HOMEWOOD BOULEV ARD, AS MORE P ARTICULARL Y DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT OVER THE ENTIRE AREA THEREOF, AS MORE P ARTICULARL Y DESCRIBED HEREIN. (The official copy of Resolution No. 57-03 is on file in the City Clerk's office.) 8.D.I. ACCEPTANCE OF HOLD HARMLESS AGREEMENT: Approve and accept a hold harmless agreement for improvements placed within a utility easement between the City and the Pines of Delray Homeowners' Association for Green Parkway. 8.E. RESOLUTION NO. 58-03: Approve Resolution No. 58-03 supporting the Beach Renourishment Project. -3- 09/09/03 The caption of Resolution No. 58-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, SUPPORTING BEACH RENOURISHMENT PROJECTS IN COASTAL MUNICIPALITIES IN THE STATE OF FLORIDA AND AFFIRMING ITS WILLINGNESS AND ABILITY TO PROVIDE LOCAL MATCH FUNDING. (The official copy of Resolution No. 58-03 is on file in the City Clerk's office.) 8.F. RESOLUTION NO. 59-03: Approve Resolution No. 59-03 supporting electronic notice publication. The caption of Resolution No. 59-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, SUPPORTING GOVERNMENT USE OF ELECTRONIC NOTICE PUBLICATION OF LEGAL NOTICES AND DOCUMENTS AND NOTICES OF PUBLIC MEETINGS; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 59-03 is on file in the City Clerk's office.) 8.G. RESOLUTION NO. 60-03: Approve Resolution No. 60-03 assessing costs for abatement action required for the emergency board-up of an unsafe structure located at 3336 Avenue Villandry. The caption of Resolution No. 60-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRA Y BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRA Y BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF -4- 09/09/03 NOTICE. (The official copy of Resolution No. 60-03 is on file in the City Clerk's office.) 8.H. SERVICE AUTHORIZATION NO. 17.1/MATHEWS CONSULTING. INC.: Approve Service Authorization No. 17.1 to Mathews Consulting, Inc. in the amount of $18,000.00 for the design of intersection improvements at West Atlantic Avenue and N.W. 24th Avenue. Funding is available from 334-6120-519-31.90 (Other Professional Services). 8.1. SERVICE AUTHORIZATION NO. 11/CH2MHILL. INC.: Approve Service Authorization No. 11 to CH2MHILL, Inc. in the amount of$28,784.00 for design and permitting of the Aquifer Storage and Recovery (ASR) rehabilitation and pump replacement project. Funding is available from 441-5122-536-31.30 (Engineering/Architectural). 8.J. CHANGE ORDER NO. l/FINAL P A YMENTIREPUBLIC CONSTRUCTION AND DEVELOPMENT CORPORATION. INC.: Approve Change Order NO.1 in the amount of a $955.36 decrease, and final payment in the amount of $3,991.93 to Republic Construction and Development Corporation, Inc. for the completion of the Beach Lifeguard Towers Phase 1 project. Funding is available from 334-6112-519-62.14 (General Construction FundIBeach Towers) 8.K. PALM BEACH COUNTY INTERLOCAL AGREEMENT: Approve an interlocal agreement with the Palm Beach County Board of County Commissioners for the reimbursement of funds to the City in an amount not to exceed $206,000.00 for the Southwest Area Improvements Phase II Project. 8.L. HOUSING REHABILITATION GRANT/CONTRACT AWARDS: Approve Housing Rehabilitation grant/contract awards through Community Development Division in the amount of $12,967.50 to Preston Construction (338 N.W. lih Avenue) and $13,314.00 to South Florida Construction (244 S.W. 5th Avenue). Funding is available from 118-1924-554-49.19 (SHIP Housing Rehabilitation Grant). 8.M. FY 2004 GOLF RATESILAKEVIEW GOLF COURSE: Approve the proposed FY 2004 maximum golf rates for the Lakeview Golf Course. 8.N. FY 2004 GOLF RATES/MUNICIPAL GOLF COURSE: Approve the proposed FY 2004 maximum golf rates for the Municipal Golf Course. 8.0. FY 2004 TENNIS RATES/TENNIS CENTER: Approve the proposed FY 2004 maximum tennis rates for the Tennis Center. 8.P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period August 18,2003 through September 5,2003. -5- 09/09/03 ~ THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. 8.R. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Don Reid Ford, Inc. in the amount of$48,418.00 via the Florida Sheriffs Association and Florida Association of Counties Bid for the purchase of two (2) utility body trucks for the Environmental Services Department. Funding is available from 441-5143-536-64.20 and 441- 5144-536-64.20 (Automotive). 2. Purchase award to Rayside Truck & Trailer in the amount of $16,330.00 for the purchase of two (2) truck mounted hydraulic hoist for two (2) utility body trucks. Funding is available from 441-5143-536-64.90 and 441-5144- 536-64.90 (Other Machinery/Equipment). 3. Purchase award to the Cues Corporation in the amount of $46,500.00 for the purchase of a sanitary sewer main line and lateral camera system for the Environmental Services Department. Funding is available from 441-5141- 536-64.90 (Other Machinery/Equipment). 4. Purchase award to Sander's Company, Inc. in the amount of $26, 175.00 for the purchase of a dry pit submersible pump for Lift Station 50. Funding is available from 441-5144-536-64.90 (Other Machinery/Equipment). 5. Purchase award to Nortrax in the amount of $17, 195.00 for the purchase of a hydraulic broom attachment for the Construction Division backhoe loader. Funding IS available from 441-5145-536-64.90 ( Other Machinery /Equi pment). 6. Lease award to Ikon Office Solutions in the total amount of $29,236.68 over a three (3) year term via the Miami-Dade Contract #143-BB05 for the lease of a Canon Image Runner 105 Digital Copier for the City Clerk Department. Funding is available from 001-1411-512-44.30 (General Fund/Equipment ). 7. Purchase award to A2000 Network Solutions, Mission Critical Systems, Inc. and CompUSA in the total amount of $52,242.00 via State Contracts #250-000-03 and #250-000-03-1 for an intrusion detection system for the MIS Department. Funding is available from 334-6112-519-66.10 (General Renewal & Replacement Fund) and various line items in MIS budget (001- 1811-513). 8. Purchase award to Scoreboard Enterprises in the amount of $18,980.00 for scoreboards for Miller Park. Funding is available from 115-4910-572- 64.90 (Other Machinery/Equipment). 8.S. PERMIT AND HOLD HARMLESS AGREEMENT/GARY AND ALLISON ELIOPOULOS: Approve a permit and hold harmless agreement between the City and Gary & Allison Eliopoulos regarding the moving of the Amelung House along public rights-of-way and -6- 09/09/03 the repair and/or replacement of landscaping, signs, and curbs. S.T. RESOLUTION NO. 61-03: Approve Resolution No. 61-03 supporting the kindergarten through eighth grade expansion of the Village Academy School. The caption of Resolution No. 61-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING A KINDERGARTEN THROUGH EIGHTH GRADE PROGRAM AT THE VILLAGE ACADEMY WHICH IS A DEREGULATED PUBLIC SCHOOL WITH COMMUNITY BASED SUPPORT LOCATED IN THE CITY OF DELRA Y BEACH. (The official copy of Resolution No. 61-03 is on file in the City Clerk's office.) Mrs. Archer moved to approve the Consent Agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 9. REGULAR AGENDA: 9.A.A. FINAL BOUNDARY PLAT APPROVAL/OCEAN CITY LOFTS: Approve the boundary plat for Ocean City Lofts, located at the southeast corner of N.E. 2nd Street and N.E. 4th Avenue and on the west side ofN.E. 4th Avenue, 100 feet south ofN.E. 2nd Street. Mr. Levinson declared a Conflict ofInterest with this item. Mrs. Archer moved to approve the final boundary plat for Ocean City Lofts, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 3 to 0 vote. 9.A.A.A. MACARTHUR GRANT RENEWAL: Approve and ratify the renewal of the MacArthur Foundation grant in the amount of $150,000.00 for a two (2) year period in support of the NW/SW Management Team. Mr. Levinson stated he would like to approve the $150,000.00 and ask staff to review the allocation of dollars to see if there is a way to put in some action items that will impact a development(s) in the area. Prior to the vote, Mayor Perlman asked Ms. Butler if there is flexibility with the grant. In response, Ms. Butler stated there is flexibility from the Foundation's purview and it is up to the City to make the request. Ms. McCarthy moved to approve and ratify the renewal of the MacArthur Foundation grant in the amount of $150,000.00 for a two (2) year period in support of the NW/SW Management Team, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes. -7- 09/09/03 Said motion passed with a 4 to 0 vote. 9.A.A.A.A. C. SPENCER POMPEY SCULPTURE: Consider a request for the C. Spencer Pompey Bust to be permanently displayed in the City Hall Lobby. Lula Butler, Director of Community Improvement, stated a volunteer committee was established in 2001 to authorize and provide fundraising for a C. Spencer Pompey bust commemorating his life and contributions to the City of Delray Beach. Mrs. Butler stated the fundraising is complete and noted this project began before Mr. Pompey passed away. The committee considered the most appropriate place to display the bust is in the City Hall lobby. Mrs. Butler stated staff expects the delivery of the bust by the end of this month and the committee wishes to have an unveiling of the bust during the month of October which is also Heritage Month. Mr. Levinson moved to approve and authorize staff to display an artist's work in the form of a life size bust of C. Spencer Pompey to be permanently displayed in the City Hall lobby, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. 9.A. DELRA Y BEACH MARINA RATES: Consider approval of a proposed rate increase to forty-five cents per foot per day for use of the municipal marina facilities. Joe Weldon, Director of Parks and Recreation, stated staff recommends increasing the marina rates from thirty cents per foot per day to forty-five cents per foot per day. Mr. Weldon stated staff conducted a survey of public and private marinas and there is only one public and one private marina that have lower rates than the City of Delray Beach. Mr. Weldon stated the marina rates have not been raised since December 1990. Mr. Weldon stated at forty- five cents per day the City of Del ray Beach is still one of the lowest marinas in the area. Jan Maler, 159 Marine Way #17, Delray Beach, spoke strongly opposing the increase to the marina rates until major repairs are made to the docks. Prior to the vote, Mayor Perlman stated the marina rates have not been raised since 1990 and he feels this is a reasonable increase. Ms. McCarthy commented that this property is owned by the City and she asked staff if there is a way to modify the policy and inspect the docks regularly. Ms. McCarthy stated if things are happening which are creating potential hazards to citizens on these docks, she feels we should probably trouble shoot them versus waiting to respond if someone just calls. Mr. Weldon stated one of the responsibilities of the Assistant Director of Parks and Recreation is that he inspects the marina Monday through Friday. Mr. Levinson moved to approve the marina rate increase to forty-five cents per foot per day and also maintain the security deposits for any existing dock holders at the current rate; and, that it be effective October 18t on the new license agreement to give people the opportunity to make a decision and secure other dockage prior to the season when they will need -8- 09/09/03 to move to another dock if they so choose, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 9.B. CONDITIONAL USE REOUEST/COTTAGE PRESCHOOL: Consider a request for conditional use approval to allow the establishment of a child care facility within the RM (Multiple Family Residential-Medium Density) zoning district for the Cottage Preschool, to be located at the northeast corner of south Swinton Avenue and S.E. 3rd Street. (Quasi-Judicial Hearing) The applicant has requested a six month extension with regard to this item. 9.C. CONDITIONAL USE REQUEST/SAFE AND SECURE: Consider a request for conditional use approval to allow the establishment of a self storage facility and a wholesale storage facility for Safe and Secure, located on the west side of North Federal Highway, approximately 890 feet south of Gulfstream Boulevard. (Quasi-Judicial Hearing) Mayor Perlman read into the record the City of Delray Beach procedures for conducting a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial Hearing items held this evening. Mayor Perlman asked the Commission to disclose any ex parte communications. Mrs. Archer stated she had a brief discussion with Mr. Weiner this morning. Mayor Perlman stated he too spoke to Mr. Weiner as well as Ms. McCarthy and Mr. Levinson. The City Clerk swore in those individuals who wished to give testimony on this item. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2003-301 into the record. Paul Dorling, Director of Planning and Zoning, stated on April 15, 2003, the City Commission approved an amendment to the Land Development Regulations to add "Self Service Storage Facilities" as a conditional use in the GC (General Commercial - North Federal Highway Overlay District) along with specific development requirements. Two conditional use applications have been submitted for the subject property. The first is to establish a self service storage facility. The second application is to establish a wholesale storage facility along the west side of the building that also maintains commercial floor area along Federal Highway for the retail sale of goods. At its meeting of August 18, 2003, the Planning and Zoning Board held a public hearing in conjunction with the Conditional Use request and no one from the public spoke. After discussing the proposal, the Board voted to recommend approval (5-1, Borchardt dissenting) of the self service storage facility and wholesale storage facility subject to the conditions as listed in the Planning and Zoning Staff Report on Pages 14-15 with the exception of condition #7 that a minimum of 50% of the eastern building frontage comply with the required building setback -9- 09/09/03 along Federal Highway and that it be consistent with the North Federal Highway Plan. This condition was recommended by the CRA and City staff to meet the intent of the North Federal Highway Redevelopment Plan, which calls for the majority of the buildings to be brought to the street with a maximum setback of 15 feet. Michael Weiner, Attorney, representing the owner, Tri-Ed Properties, LLC, and the applicant, The Pugliese Company, stated what is being considered this evening is two conditional use requests; one to allow for a self-storage facility and the other to allow for a wholesale storage facility to be housed in the building. Mr. Weiner stated the building will also have some retail as well as wholesale uses and the wholesale storage facility will be operated in connection with the retail uses as required under the Code. Mr. Weiner stated the Federal Highway Corridor Plan had a number of different studies (November 1996 and March 1999) and noted that there were actually three rezonings. Mr. Weiner stated the issue this evening is whether or not the building should be more on the street then it is presently. Ken Carlson, Architect, described the elevation and stated for the building to function properly with regard to design, 40% of the building was brought forward to the 15 foot setback and the balance of the frontage was recessed back to accommodate the proper parking and pedestrian access to the retail space. Mr. Carlson stated to make the retail space truly functional and attract people they constructed the parking and offset the frontage of the building. In summary, Mr. Carlson stated he tried to create a pleasing structure without making it too overpowenng. Mr. Carlson stated he feels this is an asset in meeting the intent of the Code requirement and the North Federal Highway Plan. Mayor Perlman stated anyone from the public who would like to address the Commission regarding the Conditional Use request, to come forward at this time. No one from the public came forward to speak in favor or in opposition of the Conditional Use request. Mr. Levinson moved to approve the Conditional Use request to establish a Self Service Storage Facility and Wholesale Storage Facility for Safe and Secure, based on positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Conditional Use Findings), and the policies of the Comprehensive Plan, subject to the conditions as contained in the attached Planning and Zoning Staff Report excluding condition #7, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:00 p.m., the City Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 23-03: City initiated Future Land Use Map (FLUM) Amendment from LD (Low Density Residential 0-5 du/ac) to CF-C (Community Facilities- Churches) and rezoning from R-I-AA (Single Family Residential) to CF (Community Facilities) for a 0.81 acre portion of the Trinity Lutheran Church Property, located at the northwest corner of Lake Ida Road and Swinton Avenue. Prior to consideration of passage of this ordinance, a -10- 09/09/03 public hearing has been scheduled to be held at this time. (Quasi-Judicial Hearing) The caption of Ordinance No. 23-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION IN THE COMPREHENSIVE PLAN FROM LD (LOW DENSITY RESIDENTIAL 0-5 DU/ AC) TO CF-C (COMMUNITY FACILITIES-CHURCHES), AND REZONING AND PLACING LAND PRESENTLY ZONED R-1-AA (SINGLE FAMILY RESIDENTIAL) DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED AT THE NORTHWEST CORNER OF LAKE IDA ROAD AND SWINTON A VENUE, AS MORE P ARTICULARL Y DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AMENDING "ZONING MAP OF DELRA Y BEACH, FLORIDA, APRIL 2003" PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 23-03 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing and quasi- judicial 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 asked the Commission to disclose any ex parte communications. The Commission disclosed that they all received a letter from Janice Wilmoth. The City Attorney stated Mr. Dorling has already been sworn in for the evening and if there is anyone else who wishes to speak regarding Ordinance No. 23-03, to come forward at this time to be sworn in. No one came forward at this time with the exception ofMr. Dorling. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2003-255 and #2003-256 into the record. Mr. Dorling stated the subject property consists of a portion of Lot 12 of the Model Land Company Subdivision and is a 0.81 acre parcel that has been owned by the church since 1982. Mr. Dorling stated this was prior to the citywide rezoning and adoption of the Land Development Regulations in October 1990, when the majority of the Church's properties were rezoned from R-1-AA to CF. Recognizing that this property should have been given FLUM and rezoning designations consistent with the balance of the church property, the City Commission approved the initiation of a corrective small-scale Future Land Use Map amendment from LD -11- 09/09/03 (Low Density) to CF (Community Facility) and rezoning from R-1-AA (Single Family) to CF (Community Facility) on July 8,2003. Mr. Dorling stated at its meeting of July 21,2003, the Planning and Zoning Board held a public hearing in conjunction with the request and noted two people from public expressed concerns with existing nuisances generated by the church and the expansion of the church facilities on the subject property as a permitted use. The general sentiment was that the church has not provided sufficient buffering to eliminate the noise generated at the outdoor play areas, which are located along the north and west sides of the church campus. After reviewing the staff report and discussing the proposal, the Planning and Zoning Board voted 4-0 (Sowards abstaining, Morris absent) to recommend that the request be approved, based on positive findings with respect to Future Land Use Element Policy A-I.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezonings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. Mayor Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 23-03, the public hearing was closed. Mr. Levinson moved to adopt Ordinance No. 23-03 for the proposed small scale FLUM Amendment from LD (Low Density Residential 0-5 dwelling units per acre) to CF-C (Community Facilities - Church) and Rezoning from R-1-AA (Single Family Residential) to CF (Community Facilities) for Trinity Lutheran Church based on positive findings with respect to Future Land Use Element Policy A-I.7 of the Comprehensive Plan (FLUM Amendment Findings) LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezonings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and consistency with the Goals, Objectives, and Policies of the Comprehensive Plan on Second and FINAL Reading, 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. 10.B. RESOLUTION NO. 54-03 (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 2004. 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. 54-03 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 TAX FOR THE PAYMENT OF PRINCIP AL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID -12- 09/09/03 COLLECTIONS THEREUNDER. (The official copy of Resolution No. 54-03 is on file in the City Clerk's office.) The City Attorney announced that this resolution levies a tax on all properties in the City of Delray Beach for fiscal year 2004 as follows: 7.52 mills for operation and maintenance of the General Fund, 0.48 mills for the payment of principal and interest on bonded indebtedness for a total of 8.00 mills as the millage rate. The rolled back rate calculated under the TRIM law for operating purposes is 6.6911 mills. The millage rate is 12.39% above the rolled back rate. 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 Resolution No. 54-03, the public hearing was closed. Mrs. Archer moved to approve Resolution No. 54-03 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 fiscal year 2004, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. lO.C. RESOLUTION NO. 56-03 (TENTA TIVE 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 2004. 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. 56-03 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 DELRA Y BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 56-03 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 Taxing District of the City of Del ray Beach for fiscal year 2004. This millage exceeds the 0.8697 rolled back rate calculated under the TRIM law by 14.98%. -13- 09/09/03 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 Resolution No. 56-03, the public hearing was closed. Mrs. Archer moved to approve Resolution No. 56-03 tentative millage levy for the DDA a resolution tentatively levy a tax on all properties within the Downtown Development Authority Taxing District for the City of Delray Beach for fiscal year 2004, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. lO.D. RESOLUTION NO. 55-03 (TENTATIVE BUDGET ADOPTION FOR FY 2004): A resolution tentatively making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 2003 through September 30, 2004. 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. 55-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING TENTATIVE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH FOR THE PERIOD FROM THE 1 st DAY OF OCTOBER, 2003, TO THE 30th DAY OF SEPTEMBER, 2004; 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. 55-03 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 Del ray Beach, Florida. Mayor Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Resolution No. 55-03, the public hearing was closed. -14- 09/09/03 Prior to the vote, the Assistant City Manager stated this does include those changes the City Manager discussed with the Commission last week. Ms. McCarthy moved to approve Resolution No. 55-03 which makes tentative appropriations of sums of money for all necessary expenditures of the City of Delray Beach for fiscal year 2004, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. lO.E. ORDINANCE NO. 27-03: An ordinance amending Chapter 32, "Departments, Boards, and Commissions", of the City Code of Ordinances by enacting Sections 32.45-32.50 establishing the Neighborhood Advisory Council. Prior to consideration of passage of this ordinance, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 27-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, BY AMENDING CHAPTER 32, "DEPARTMENTS, BOARDS AND COMMISSIONS", TO CREATE A "NEIGHBORHOOD ADVISORY COUNCIL" AS AN ADVISORY BOARD TO THE CITY COMMISSION; BY ENACTING SECTION 32.45, "ES T ABLISHMENT", SECTION 32.46, "COMPOSITION; APPOINTMENT; TERMS", SECTION 32.47, "ORGANIZATION", SECTION 32.48, "QUALIFICATIONS OF MEMBERS" , SECTION 32.49, "DUTIES AND RESPONSIBILITIES", AND SECTION 32.50, "MEETINGS", PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 27-03 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. Lula Butler, Director of Community Improvement, stated this ordinance establishes and creates a new advisory board entitled the "Neighborhood Advisory Council". Mrs. Butler stated to move this to the next level is to have a formalized way of neighborhood associations being able to connect and provide recommendations and information directly to their elected officials. Mrs. Butler stated staff s recommendation for this particular advisory board is based on research in cities that have done very similar things as Delray Beach. Furthermore, Mrs. Butler stated staff proposes a fifteen member board plus two youth representatives and have also provided the Commission with a map dividing the city into six sectors so that appointees will be throughout the community. If this ordinance is passed this evening, staff will formally advertise for people who are interested in serving on the -15- 09/09/03 Neighborhood Advisory Board. The Board will meet once per month on a Monday evening and staff hopes to form its first organizational meeting once appointments are made which will be around the third week in October. With regard to the students who will serve on the Neighborhood Advisory Board, Mrs. Archer asked if the students will not only be high school students but middle school students as well. In response, Ms. Butler stated staff thought the Delray Beach Youth Council would be a good venue for this and noted the Delray Beach Youth Council includes both middle and high school students. Mr. Levinson stated he feels this is a great idea. Mayor Perlman declared the public hearing open. Jayne King, President of Progressive Residents of Delray (PROD) and speaking on behalf of the organization, stated PROD supports the Neighborhood Advisory Board and they feel it is an excellent vehicle for residents to share their common issues and make recommendations that will improve the community. Mrs. King suggested that a few changes be made to the proposed ordinance. With regard to the six zones, PROD suggests that the beach side could be included in zone #6 versus zone #4 where it is currently located. PROD also feels that in order for the Board to maximize its effectiveness, it is vital that applicants who have been actively involved in their neighborhood associations and/or community organizations be a majority of the members considered for the Board. PROD feels that neighborhood enhancement should be equitable throughout the city and recommends applicants be chosen through a lottery drawing rather than specific appointments by each Commissioner. In addition, PROD recommends that the meeting time of the Board be scheduled so that there are no conflicts with any other Board meetings and yet be convenient for working residents. Lastly, PROD recommends that the majority of the at-large positions on the Board be actual residents involved in community groups rather than business organizations. There being no one else who wished to address the Commission regarding Ordinance No. 27-03, the public hearing was closed. Mr. Levinson moved to approve Ordinance No. 27-03 amending Chapter 32, "Departments, Boards, and Commissions", of the City Code of Ordinances by enacting Sections 32.45-32.50 establishing the Neighborhood Advisory Council, 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, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. II.A. City Mana2er's response to prior public comments and inauiries. The City Manager had no response to prior public comments and inquiries. -16- 09/09/03 ll.B. From the Public. ll.B.I. Carolyn Zimmerman, 212 S.W. 2nd Avenue. Delrav Beach. representing the President's Council, expressed concern over the appearance of the library and she feels the building does not fit in with Delray. Miss Zimmerman stated the public was not brought back to look at the drawings of the new library and she urged the Commission to think about this. ll.B.2. Vin!:inia Snyder. 38 S. Swinton Avenue. Delrav Beach. urged the Commission to reconsider the library building. ll.B.3. Alice Finst. 707 Place Tavant. Delrav Beach. announced the library presentation will be going before the Site Plan Review and Appearance Board tomorrow at 6:00 p.m. which will allow the public the opportunity to make comments regarding the library (three minutes per person to speak). Mrs. Finst stated if anyone has questions they can access the PROD website at www.askprod.org. Mrs. Finst stated this is a building that will be standing for at least fifty years and she feels it should be right the first time. ll.B.4. Patricia Wri2ht. 255 N.W. 14th Avenue. Delrav Beach. expressed concern over an abandoned home located at 1331 N.W. 3rd Street and stated there are vagrants in the home. Secondly, Ms. Wright asked if there is going to be a swale installed on the property located at 15th A venue and 3rd Street. Staff informed Ms. Wright that this property will be a retention pond and Mayor Perlman stated that staff will look into the abandoned home. ll.B.5. Ted Walters. 2161 Jae2er Drive. Delrav Beach. expressed concern over his tax bill. Mayor Perlman suggested that staff help assist in explaining the different items on the tax bill to Mr. Walters. At this point, the Commission moved to Item 9.D. of the Regular Agenda. 9.D. CONDITIONAL USE REQUEST/EXCEL RESTAURANT: Consider a request for conditional use approval to allow the establishment of a 24-Hour or Late Night Business to be located within 300 feet of residentially-zoned property for Excel Restaurant, to be located within the Linton Square Shopping Center at the northeast corner of Linton Boulevard and Congress Avenue. (Quasi-Judicial Hearing) The applicant has requested that this item be postponed until October 7,2003. 9.E. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/IRONWOOD PROPERTIES. INC.: Consider an appeal of a decision of the Site Plan Review and Appearance Board's action regarding Mallory Square, located on the south side of S.E. 3rd Street, between S.E. 5th Avenue and S.E. 6th Avenue. (Quasi-Judicial Hearing) Mayor Perlman asked the Commission to disclose any ex parte communications. No ex parte communications were disclosed. -17- 09/09/03 The City Clerk swore in those individuals who wished to give testimony on this item. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2003-271 into the record. The development proposal involves a Class 1 site plan modification for the elimination of the requirement to install a tot lot at the recreation area within the Mallory Square multiple family residential (townhome) development. At its meeting of August 13, 2003, SPRAB considered the Class 1 site plan modification for Mallory Square. The Board denied the Class 1 site plan modification as they had concerns with respect to the lack of recreation areas for small children in this 84-unit townhome development. Also, the Board noted they had similar concerns with the initial approval of the Class V and attached the provision of a tot lot as a condition of approval. Mr. Dorling stated the applicant wishes to eliminate the "Tot-Lot" apparatus, and replace it with additional paver (deck) materials that would allow for seating areas (two tables with large umbrellas and chairs) adjacent to the grill station because there was a "prospective pool deck area deficiency and that a Tot-Lot is not the best use of this space." Additionally, the applicant stated that "of the 84 townhomes, approximately 54 have been sold, and none of the current owners/contract purchasers have small children that would use a tot lot." The Board felt that the elimination of the tot lot is not appropriate and therefore, they could not make positive findings with respect to the Open Space and Recreation Element Policy A-3.1 of the Comprehensive Plan. Mayor Perlman declared the public hearing open. Alice Finst, 707 Place Tavant, asked if the impact fees will change in lieu of dedication of land for recreation and will they be charged additional fees to make up for what they are not putting in there. Mr. Dorling stated this will not change the area that is being dedicated for recreation use but it will change the type of recreation provided. Mrs. Archer commented she feels it is imperative that the City provide children with a place to go in the community and stated she is not in favor of waiving the request. Prior to the vote, Mayor Perlman commented about Cary Glickstein's letter where he states "I believe most SPRAB members agreed that the area 1 described was too small to safely use as a tot-lot," Mr. Dorling stated there was some confusion about the dimensions and it centered around two feet versus two feet more or less. There was an argument put forth that if the dimensions were two feet smaller the apparatus being proposed would be too close for children to safely use the equipment. However, Mr. Dorling stated this does not address the issue of the two foot landscape strip within it and you can either (1) modify the landscaping or (2) put in some equipment that is dimensionally appropriate for the area. -18- 09/09/03 Mr. Levinson stated the applicant made a commitment and feels he will live up to his promise. Mrs. Archer moved to approve the appeal of the Site Plan Review and Appearance Board, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - No; Mayor Perlman - No; Mrs. Archer - No; Mr. Levinson - No. Said motion to approve the appeal was denied with a 4 to 0 vote. 9.F. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/BORTON MOTORS: Consider an appeal of a decision of the Site Plan Review and Appearance Board's action regarding a site plan modification request for Borton Motors, located on the east side of North Federal Highway, south of Gulfstream Boulevard. (Quasi- Judicial Hearing) The applicant has requested that this item be postponed until October 7,2003. 9.G. REQUEST FOR IN-LIEU PARKING SPACES/TAPAS RESTAURANT: Consider a request by Tapas Restaurant for the purchase of four (4) in-lieu parking spaces in the amount of $24,000.00. Tapas is located at 8 East Atlantic Avenue. (Quasi-Judicial Hearing) Mayor Perlman asked the Commission to disclose any ex parte communications. No ex parte communications were disclosed. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2003-260 into the record. At this time, the City Clerk swore in the applicant. Mayor Perlman asked the applicant to come forward at this time. Francisco Perez-Azua, 60 ~ N.E. 2nd Avenue, Delray Beach (Architect/Applicant), stated he is here this evening to answer any questions the Commission may have. Mayor Perlman stated anyone from the public who would like to address the Commission regarding the request, to come forward at this time. No one from the public came forward to speak in favor or in opposition of the request. Mr. Levinson moved to approve the request from Tapas Restaurant for the purchase of four (4) in-lieu parking spaces, in the amount of $24,000 to be paid in full at the time of submission of a building permit application, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. -19- 09/09/03 9.H. SPECIAL EVENT REQUEST/HOOPS 4 ALL: Consider approval of a special event request to allow the "Hoops 4 All, 3 on 3" event sponsored by A & Associates and the Police Athletic League to be held October 25 and 26, 2003, from 9:00 a.m. until 4:00 p.m.; granting a temporary use permit per LDR Section 2.3.6(H) for the closure of Atlantic Avenue from N.W./S.W. 1st Avenue to N.W./S.W. 5th Avenue as well as the western portion of the Tennis Center parking lot, and staff support for traffic control and security, EMS assistance, trash clean up/removal, and bleacher set up; contingent upon sponsor providing a hold harmless agreement and a certificate of liability. This item has been withdrawn from the agenda at the request of the applicant. 9.1. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A. 9.J. AWARD OF CONTRACT/LA W ENFORCEMENT SYSTEMS. INC.: Consider approval of a contract between the City of Delray Beach and Law Enforcement Systems, Inc. for the collection of backlogged parking citations and associated fees for a term of three (3) years with two (2) one (1) year renewals. Paul Dorling, Director of Planning and Zoning, stated the lowest bidder did not fulfill all the requirements of the RFP. Therefore, staff recommends awarding the contract to Law Enforcement Systems, Inc. (second lowest bidder). Mr. Levinson moved to approve to award the RFP #2003-44 for the collection of backlogged citations to Law Enforcement Systems, Inc. (second lowest bidder) for a period of three (3) years with two (2) one (1) year renewal options, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. 9.K. LAKE WORTH DRAINAGE DISTRICT: Consider a request authorizing the Mayor to execute a letter requesting the Lake Worth Drainage District to annex properties on N.W. 18th Avenue for adequate provision of flood protection. Dick Hasko, Director of Environmental Services, stated last year improvements were constructed on N.W. 18th Avenue in conjunction with the 2000 Roadway Bond Program. Prior to that project, the roadway was shell rock with no drainage infrastructure or positive legal outfall for storm water runoff from the adjacent industrial properties. With the completion of the roadway and drainage construction, the storm water runoff from the parcels served by the new infrastructure was routed to a dry retention area at the north end of the street discharging to the Lake Worth Drainage District (LWDD) E-4 Canal. Subsequent to permitting and construction of the improvements, staff became aware that the properties which are now physically connected to the L WDD canal system were, in fact, outside the boundaries of the District. Mr. Hasko stated a letter has been drafted for the Mayor's signature requesting that the Lake Worth Drainage District annex the affected parcels. -20- 09/09/03 Mr. Levinson stated the City of Delray Beach has uniquely formed a better relationship with the Lake Worth Drainage District (LWDD) recently and he feels this is a good way to reinforce it. Mr. Levinson moved to approve authorizing the Mayor to execute a letter requesting the Lake Worth Drainage District to annex the affected parcels for adequate flood protection, 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. 9.L. PROPOSAL FOR SETTLEMENT IN PETRAGLIA v. CITY OF DELRA Y BEACH: Consider a Proposal for Settlement in the amount of $1,000.00 in Petraglia v. City of Delray Beach. Mr. Levinson moved to approve the Proposal for Settlement in the amount of $1,000.00 in Petraglia v. City of Delray Beach, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - No; Mayor Perlman - No; Mrs. Archer - No; Mr. Levinson - No. Said motion to approve the settlement was denied with a 4 to 0 vote. 9.M. PROPOSAL FOR SETTLEMENT IN FLORIDA BLACKTOP v. CITY OF DELRAY BEACH: Consider a Proposal for Settlement in the amount of $750,000.00 in Florida Blacktop v. City of Del ray Beach. Staff recommendation is denial. Mr. Levinson moved to approve the proposal for settlement in the amount of $750,000.00 in Florida Blacktop v. City of Del ray Beach, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - No; Mrs. Archer - No; Mr. Levinson- No; Ms. McCarthy - No. Said motion to approve the settlement was denied with a 4 to 0 vote. 9.N. ADULT ENTERTAINMENT AND ALCOHOLIC BEVERAGE ESTABLISHMENTS: Provide direction to staff regarding Land Development Regulations (LDR) and Code of Ordinance amendments for adult entertainment and alcoholic beverage establishments. The City Attorney stated this ordinance deals with alcoholic beverage establishments and their distance from adult entertainment establishments. The City Attorney continued to state this request is before the Commission so that there is a "zoning in progress" regarding these issues of distance and overall this strengthens what we currently have in place. The City Attorney stated she would like the consent of the Commission to start the zoning process by sending it to Planning and Zoning Board for their review and it will then be brought back to the Commission for first and second reading. Prior to the vote, Ms. McCarthy asked if there is something in the ordinance about the distance of alcoholic beverage establishments from schools as well. The City Attorney stated that the ordinance states "No adult entertainment establishment shall be located closer than one thousand (1,000) feet from any house of worship, school, residential zoning district,........" and noted that this section of the ordinance is not being changed. -21- 09/09/03 Mr. Levinson moved to approve to direct staff to initiate the changes, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. 9.0. RA TIFICA TION OF APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Ratify the appointment of Mark Krall as the Planning and Zoning Board representative on the Parking Management Advisory Board for a term ending August 31,2005. Mayor Perlman stated he wished to ratify the appointment of Mark Krall as the Planning and Zoning Board representative on the Parking Management Advisory Board. Mr. Levinson so moved, seconded by Ms. McCarthy. 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. 9.P. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) alternate member to the Code Enforcement Board for an unexpired term ending January 14, 2005. Based upon the rotation system, the appointment will be made by Mayor Perlman (Seat #5). Mayor Perlman stated he wished to appoint Mark Behar as an alternate member to the Code Enforcement Board for an unexpired term ending January 14, 2005. Mrs. Archer so moved, seconded by Ms. McCarthy. 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, the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 28-03: Privately initiated Future Land Use Map (FLUM) Amendment from LD (Low Density Residential 0-5 du/ac) to CF-C (Community Facilities- Churches) for a 4.13 acre parcel ofland and rezoning from R-1-AA (Single Family Residential) to CF (Community Facilities) for a 0.795 acre parcel ofland, located on the north side ofN.E. 6th Street between N.E. 8th Avenue and Palm Trail for S1. Vincent's Ferrer Church. If passed, a quasi-judicial public hearing will be scheduled for September 23,2003. The caption of Ordinance No. 28-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION AS CONT AINED IN THE COMPREHENSIVE PLAN FROM LD (LOW DENSITY RESIDENTIAL 0-5 DU/ AC) TO CF-C (COMMUNITY FACILITIES-CHURCHES); ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN -22- 09/09/03 AMENDMENTS; AND REZONING AND PLACING LAND PRESENTL Y ZONED R-l-AA (SINGLE F AMIL Y RESIDENTIAL) DISTRICT IN PART AND CF (COMMUNITY FACILITIES) DISTRICT IN PART TO CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE NORTH SIDE OF NE 6TH STREET, BETWEEN NE 8TH AVENUE AND PALM TRAIL, AS MORE P ARTICULARL Y DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2003"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 28-03 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and announced this will be a quasi-judicial hearing on the second reading (September 23, 2003). Paul Dorling, Director of Planning and Zoning, stated prior to 1990 the entire church property (9.8 acres) was zoned R-IAA (Single Family Residential). The zoning and Future Land Use Map designation on the northern half (6.46 acres) of the parcel was changed to CF (Community Facilities) with the Citywide Rezoning in 1990. The church has acquired three additional lots (0.795 acres) southeast of the current church campus at the northeast corner ofNE 8th Avenue and NE 6th Street. The City Commission approved a City Initiated Corrective Rezoning from R-IAA to CF on February 16, 1999. At the time, this portion of the property had an underlying Future Land Use Map designation of LD (Low Density Residential 0-5 du/ac) which was not changed as it was consistent with the proposed zoning of CF. The proposed FLUM Amendment involves the southern half of the church property which includes the 3.335 acre parcel of land where the new gymnasium facilities, pre-kindergarten facility and meeting hall exist and the newly acquired 0.795 acre parcel of land. The 0.795 acre parcel is to be rezoned from R-I-AA to CF. The applicant (St. Vincent Ferrer Church) does not propose a change in use of the property at this time. At its meeting of August 18, 2003, the Planning and Zoning Board held a public hearing in conjunction with the Rezoning and FLUM amendment requests. After discussing the proposal, the Board unanimously voted 6-0 (Pike absent) to recommend that the requests be approved, based on positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. Staff recommends approval because they feel it is appropriate. Mr. Levinson moved to approve the FLUM Amendment from LD (Low Density Residential 0-5 du/ac) to CF-C (Community Facilities - Church) for a 4.13 acre parcel ofland and rezoning from R-I-AA (Single Family Residential) to CF (Community Facilities) for a 0.795 acre parcel of land, based on positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1. (Required -23- 09/09/03 Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 12.B. ORDINANCE NO. 29-03: An ordinance adopting and enacting a new City Code of Ordinances as reprinted and codified by the Municipal Code Corporation. If passed, a public hearing will be scheduled for September 23,2003. The caption of Ordinance No. 29-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA ADOPTING AND ENACTING A NEW CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, FLORIDA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING FOR THE AMENDMENT OF THE CODE OF ORDINANCES; AND PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 29-03 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. The City Clerk stated the Code of Ordinance book is now updated through Ordinance No. 19-03 (approved on July 22, 2003) and is up and running on the website. The City Clerk stated she is very proud of this accomplishment. Ms. McCarthy moved to approve Ordinance No. 29-03 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. 12.C. ORDINANCE NO. 30-03: 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 2.2% for FY 2004. If passed, a public hearing will be scheduled for September 23,2003. The caption of Ordinance No. 30-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO -24- 09/09/03 PROVIDE FOR INCREASED RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 2004; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 30-03 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. For the benefit of the public, the City Manager stated this increases the rates by 2.2%. Mrs. Archer moved to approve Ordinance No. 30-03 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. Archer - Yes. Said motion passed with a 4 to 0 vote. 12.D. ORDINANCE NO. 31-03: 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 an increase of .09 cents per 1,000 gallons for treatment costs. If passed, a public hearing will be scheduled for September 23,2003. The caption of Ordinance No. 31-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 53, "SANITARY SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y 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 2004; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 31-03 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. The City Manager stated this is to pass through the increase in the treatment charge from the South Central Regional Wastewater Treatment and Disposal Board (SCRTWTD). The increase is .09 cents per thousand gallons. -25- 09/09/03 Mr. Levinson moved to approve Ordinance No. 31-03 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. 12.E. ORDINANCE NO. 36-03: An ordinance amending Chapter 35, "Employee Policies and Benefits", subheading "Retirement Plan", of the City Code of Ordinances to increase the contribution requirement for general employees from zero to 2% of their basic compensation. Ifpassed, a public hearing will be scheduled for September 23,2003. The caption of Ordinance No. 36-03 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 DELRA Y BEACH BY AMENDING SECTION 35.095, "CONTRIBUTIONS OF PARTICIPANT AND CITY", SUBSECTION 35.095(A), "P ARTICIP ANT'S CONTRIBUTION ACCOUNT", TO PROVIDE FOR CHANGES TO CERTAIN PARTICIPANT CONTRIBUTIONS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 36-03 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. 36-03 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 12.F. ORDINANCE NO. 35-03: An ordinance amending Chapter 117, "Landlord Permits", of the City Code of Ordinances by amending Section 117.02, "Permit Fees" to provide for a $15.00 increase in landlord permit fees. If passed, a public hearing will be scheduled for September 23,2003. The caption of Ordinance No. 35-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 117, "LANDLORD PERMITS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 117.02, "PERMIT FEES", TO PROVIDE FOR AN INCREASE IN THE FEES CHARGED AND CLARIFYING THAT THE FEES ARE NOT -26- 09/09/03 PRORATED; AMENDING SECTION 117.04, "APPEALS" TO CLARIFY THAT NOTICE SHALL BE WRITTEN; AMENDING SECTION 117.05, "INSPECTIONS" , TO CLARIFY THAT UNITS MUST COMPLY WITH ALL CITY CODES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 35-03 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mayor Perlman stated a few years ago Will McCollom of the Police Department asked if staff could provide some training. Lula Butler, Director of Community Improvement, stated staff has a program and will provide training. Mrs. Archer moved to approve Ordinance No. 35-03 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. Said motion passed with a 4 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. City Mana2er. The City Manager stated he enjoyed his vacation and is glad to be back. 13.B. City Attorney. The City Attorney had no comments and inquiries on non-agenda items. 13.C. City Commission. 13.C.1. Commissioner Archer Mrs. Archer stated with regard to the new Atlantic High School site she understands a fence has been installed that blocks the eastern entrance to Temple Sinai. Mrs. Archer asked if there is some reason why the entrance is blocked and why the fence has to be so far up. The City Manager stated staff will look into this issue for Mrs. Archer. -27- 09/09/03 13.C.2. Commissioner McCarthv Ms. McCarthy had no comments or inquiries on non-agenda items. 13.C.3. Commissioner Levinson Mr. Levinson stated the Palm Beach County School Board passed their Operating Budget and Capital Improvement Plan on Monday, September 8, 2003. Mr. Levinson stated the start date for the middle school at the Seacrest site is set for 2008. There is an opportunity to have the date moved up and the School Board is looking at class size reduction dollars which they have budgeted. Mr. Levinson stated these dollars would be used to build additional classrooms at existing schools to relieve the classroom size issue as well as potentially use some of the money in that pot to build new middle schools which will also relieve the number of students in classrooms. Mr. Levinson stated the start date of 2008 may actually get moved up based upon the need for additional classrooms and this school may possibly be a middle school of the arts. Mr. Levinson stated the big issue is there has been a huge move east of students and the School Board recognizes that they need to maintain eastern sites for classroom expansion as well as new schools. Secondly, Mr. Levinson commented about Dr. Art Johnson recommending a change. Mr. Levinson stated he spoke to Debra Robinson, Dr. Art Johnson, Tom Lynch and numerous others approximately a month ago and they were able to get involved with the Capital Plan Institute of the Village Academy K-8 Program which was ratified last night. He noted that the high school is going to be considered in the bond issue and K-8 will stay in the five year plan and if it passes, the bond issue will be utilized for the possibility of a high school. Mr. Levinson stated the Palm Beach County School District has some operational concerns about a school that small and its ability to offer some of the higher level courses needed. Mr. Levinson commented that both the concerts and the Bed Race was great and stated he would like to thank Nancy Stewart and Morgan Russell for their efforts to hold first class events for the community. Mr. Levinson congratulated the Police Department for winning the Labor Day Challenge and commented that the weight lifting was incredible. Mr. Levinson commented about the Chamber of Commerce Gala and congratulated Rosalie Blood for being named the small business person of the year and noted she has been a great asset to the community. Mr. Levinson commented about a newspaper article which appeared in the Sun- Sentinel dated July 22, 2003 which talks about the need for civic groups also referred to as Non- Governmental Organizations (NGO's) to be held accountable meaning that these organizations should respond to the needs of the people they affect, and should tell the public how they get their money and what they do with it. Mr. Levinson stated he would like to see a copy of this article distributed to the entire Commission and (through Lula Butler) to any of our organizations that provide services. Mr. Levinson stated there has been discussion regarding the use of some -28- 09/09/03 of our dollars to assist them with training, etc. The City Manager stated the International City Management Association has just issued a 20-page piece on holding non-profits accountable that are providing services to local government and he hopes to get some good ideas from this. Mr. Levinson stated he would like to see the City wrap this into a nice package which would (A) provide training and service, and (B) hold non-profit organizations accountable. Mr. Levinson commented about handbills being placed on automobiles on a Friday and Saturday evening particularly since the ordinance has recently been changed. Mr. Levinson suggested that a letter be sent to those organizations that are distributing these handbills and that staff follow-up with regard to this issue. Mr. Levinson welcomed back the City Manager who just returned from vacation. Mr. Levinson commented about an article in the Florida League of Cities magazine that he feels is right on for what Delray has been doing for the last 15 years which is the NIMTO ("Not in my term of office"). However, Mr. Levinson feels that this Commission has certainly broken this mold. 13.CA. Mavor Perlman Mayor Perlman stated he had the opportunity to attend a luncheon today at the Office Depot Center (Chairman's Club) with Bruce Nelson (Chairman & CEO of Office Depot, Inc.) and Sam Mathis who both live in Delray. Mayor Perlman stated both of these men are getting involved in the National Conference for Community and Justice (NCCJ) formerly the National Conference of Christians and Jews. There will be a "Walk as One" Walk-a-thon on Saturday, October 18, 2003, at the Office Depot Center and they are asking for teams and hopes staff will spread the word. Furthermore, Mayor Perlman stated he feels this really fits in with what Delray Beach is trying to do. Secondly, Mayor Perlman congratulated the Tennis Center staff for being named the best tennis courts by Palm Beaches.com. In addition, Mayor Perlman stated the Tennis Center staff also received some very high praise from Office Depot which has a corporate league. Mayor Perlman stated the Fire Department is holding a 9/11 event on Thursday. In addition, on the same day at 6:00 p.m. at the south end of the beach there will be a memorial of the 100th Anniversary of the Delray Wreck in which nine people were lost off the coast of Delray. Mayor Perlman stated there are relatives coming from all over and the guest speaker is from Liverpool, England. Mayor Perlman stated the CRA arranged for Robert Gibbs, who is a nationally renowned planner and retail consultant, to come to Delray Beach last Friday and spend approximately three hours talking about retail trends, parking, and festivals. Mayor Perlman stated he felt that Mr. Gibbs had some great points, and with regard to parking, he suggested that a good strategy would be to open up the garages for free for approximately the first two hours to encourage people that they are safe. Then, the City could charge for anything beyond the first -29- 09/09/03 two hours. With regard to festivals/special events, Mayor Perlman stated Mr. Gibbs suggested that the City of Delray measure traffic counts to see if we are getting a bang for the buck. Mr. Gibbs stated that a good way to do this would be for the merchants to get together and give discount coupons to people who attend these special events as an incentive to get them to come back to the downtown area. Mayor Perlman announced that CBS will be here tomorrow to interview the Home Front Security and stated Delray Beach will be on the national nightly news on September 11,2003 at 6:30 p.m. Mayor Perlman welcomed back Jeff Costello, Principal Planner, who recently had to undergo hip replacement surgery. Mayor Perlman stated he had the opportunity to greet the Boynton Beach Little League at Motorola. Mayor Perlman stated he received a letter from Mayor Gerald Broening of Boynton Beach thanking him for showing support. Mayor Perlman stated he would like to recognize the Boynton Beach Little League and noted Mr. Ladizinsky will be working on this. Mayor Perlman publicly thanked and commended the City Attorney's office for the number of successes they have had recently. With regard to the library, Mayor Perlman commented about an article about the new County library which is being built west of Del ray Beach. Mayor Perlman stated the library is 30,000 square feet which makes it comparable to what the City is looking at and also commented about the $6.4 million for construction costs. With regard to the Chamber of Commerce Gala, Mayor Perlman stated he would like a letter to be sent to Rosalie Blood (Blood's Hammock Groves) and commented she has been in business for 53 years. Mayor Perlman congratulated Lula Butler, Director of Community Improvement, who was the recipient of the 2003 Business Recognition Award and the 2003 Ken Ellingsworth Community Service Award and stated the Commission is very proud of her. In addition, Robert Barcinski attended the Chamber of Commerce Gala and received an award for the Delray Beach manna. Mayor Perlman congratulated Brad Fitzer, Division Chief of Administration, who has accepted a position of Fire Chief in Abilene, Texas which is a community of approximately 118,000. Mayor Perlman stated although this is a loss to the City of Delray Beach it is a testament to the development that goes on here and commented that we are sending people out into the world who are going into prestigious positions in big cities. With regard to the web site, Mayor Perlman commented about communicating more frequently through the "Mayor's desk column" on mydelraybeach.com. -30- 09/09/03 At this point, the time being 8:30 p.m., Mayor Perlman adjourned the Regular Meeting and moved to Item 14, Closed Attorney/Client Session. 14. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: the case of Rectory Park, L.C. v. the City of Del ray Beach, Florida. Attendees: Mayor Jeff Perlman Commissioner Pat Archer Commissioner Jon Levinson Commissioner Alberta McCarthy City Manager David T. Harden City Attorney Susan Ruby Attorney Henry Handler A certified court reporter Purpose: Discuss settlement negotiations and strategy related to litigation expenditures in the above case. Mayor Perlman read the following statement into the record: "The City has scheduled a closed attorney-client session pursuant to sFlorida Statutes 286.011(8) in the case of: Rectory Park, L.C. vs. City of Delray Beach, Florida (D.C. Docket No. 01-08569-CV-DTKH). The estimated length of the closed session shall be 30 minutes. The following persons will be attending: Mayor Jeff Perlman, Commissioners Patricia Archer, Jon Levinson, Alberta McCarthy, City Manager David T. Harden, City Attorney Susan Ruby, Attorney Henry Handler, and a certified court reporter." At this point, the time being 9:20 p.m., Mayor Perlman reconvened the Regular Meeting and announced that the Closed Attorney/Client Session was terminated. There being no further business, Mayor Perlman declared the meeting adjourned at 9:23 p.m. City Clerk ATTEST: MAYOR -31- 09/09/03 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 9, 2003, which Minutes were formally approved and adopted by the City Commission on 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. -32- 09/09/03 At this point, the time being 8:30 p.m., Mayor Perlman adjourned the Regular Meeting and moved to Item 14, Closed Attorney/Client Session. 14. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: the case of Rectory Park, L.C. v. the City of DeIray Beach, Florida. Attendees: Mayor Jeff Perlman Commissioner Pat Archer Commissioner Jon Levinson Commissioner Alberta McCarthy City Manager David T. Harden City Attorney Susan Ruby Attorney Henry Handler A certified court reporter . Purpose: Discuss settlement negotiations and strategy related to litigation expenditures in the above case. Mayor Perlman read the following statement into the record: "The City has scheduled a closed attorney-client session pursuant to ~Florida Statutes 286.011(8) in the case of: Rectorv Park. L.C. vs. Citv of DeIrav Beach. Florida (D.C. Docket No. 01-08569-CV-DTKH). The estimated length of the closed session shall be 30 minutes. The following persons will be attending: Mayor Jeff Perlman, Commissioners Patricia Archer, Jon Levinson, Alberta McCarthy, City Manager David T. Harden, City Attorney Susan Ruby, Attorney Henry Handler, and a certified court reporter." At this point, the time being 9:20 p.m., Mayor Perlman reconvened the Regular Meeting and announced that the Closed Attorney/Client Session was terminated. There being no further business, Mayor Perlman declared the meeting adjourned at 9:23 p.m. k1~ City Clerk ATTEST: 8~A~~ -31- 09/09/03 --'--- 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 9, 2003, which Minutes were formally approved and adopted by the City Commission on September 23, 2003 ~U 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. . ] \(~ J "......' '.~ ] -32- 09/09/03 ~,-- . FORM 8B MEMORANDUM F: VOTING CONFLICT FOR . COUNTY. MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAM~-FlRST _-""'DOLE ......e _ OF IOARO. CouNca.. COMMISSION. AlITHORITY. OR COOII.ImeE LEv/,.}..sON voAJ 12.oBIO:I2, 7>E:~RIJ" 'BE:<9c CIT" C.CM-vtl$:SIO..J ~ _ss -1OoW). CXl\JfoIClL.,...,.......'O"<.AUTHOIlITYORCOIlMmEeON 9'13 EV~<'REE:N 'l>fL. lMtCH. 1ER'.u A UNI1' OF: CITY ~ ~ OCiClWTY O_LQCALAllEHcY Dc.1...1l.11'/ &=. eN Pt:ll.f'ot &~cH -k~~H Do.1' 011._ \IQTE.llCCURlWl Of'( IIOSI1Q; JS: -0.3 ~ O~ . . . WHO MUST FILE FORM 8B. RfSVE...D . . '. . ~~\03 .' ~ form II for use by any person servitlg et the county. clly. or _Iocellevet of ge"...._ll en .lIPOlnled or. bid. ClCl<I..JSllan, aulhOrily. or CCIlIIllliItee. It applies equaly to IIlalIlbQ of advlsO.y and non-advisOIy . ~wilh:. conIicl of w.r.st under Section 112.31~3. Florida Statutes. V_ *-.oIbllIllas under... law wilen tac.d wilh wting on. _In whiclI you ,..,. . CIIlIIIic:I of inlareslwUI~?, ~ depending on whelher you IloId .n alllCIIve or appoInliw jalIion. For ... ~ ..... pey doM ~ to ... lnsIruc:ticlne on lhls bm.~font - oo........tII'll.lfle _ ~ end filing... form. . ;:r INSTRUCTIONS FOR COMPLIANCE WITH S~cnON 112.310t3, FLORlDASTATtJTES . A person holding aJec:tiw or appo;"lhIe county. 1IlU!llcIpal. orO!her1oc:al publIt ofIIce MUSTAllStAl/illrDm ~ on il m-UIll WhIch . Inures to Ills or her specllll priVllte gain or~. Each aIec:led or appoilir..l local ~ also II ~from lrncI....lolQltWlllngon._ ..". whiclIinures to ... special gain 01' bas i7t i prlncipal (oIher lhan . "",em...nt agency) by whom hi:I or she is _inad Concluding'" I PIlrent organiDtion or aubsidl.ry of a CQI1lOnII. principal by whiclIhe or she II rwtelnad); 10 ... apecllIl private gain or bas of. relative: or I to ... special privat. gain or loss of. busiMSS 1I8SOcllIt.. Commisaionetw of convnunity IWdeVlIlopment ..... under Sec. 163.356 or _ , 163.357. F.S.. .nd oIlicers ofindeperident specia!1lIx dIstric:ts elected on a one-ecra: _ _ basis .'" not prOhibited from W1ing in.lllat ~pec:ity. ... r'. " For purposes of lIlIs few. . "NIetive" includes only'" ofIIcer's father. motIler. lOll, daughter. husband. wfre.lM!lCher. sister. father-lnolew. lno\herolrHliw. aon-ln-law..nd daughter-in-lew. A ."...mesa aaoc;iete"........ eny person or entity engaged In or cenylng on. business en\erllrise wilh ... oIlIcer.. . Partner. joint wentunlr. _ of property. or corpo....te she",~ (whol", ... sheres of the corp,..lion .'" not listed on any national or Ngionel stodc exchange). ............... . ELECTED OFFICERS: In edcIIlion to ebalelnlng from WIing In'" alluationa dl.Cl1bed ..... you _ Ill..' I' lie contIic:t:_ . PRIOR 10 THE VOTE BEING TAKEN by pubIidy ~ to .. _arnbIy ... nelunI ofl'lll' lntentaIln ... ........ on which you - rt I Mil. '" from Voting; end WITHIN 15 DAYS AFTER THE VOTE OCCURS byllOl.........'ll end -.g.... form WIth... pnon ~ for_lii'll'" mln- UIIIs of'" ~.lOho ahouId ~..............the farm In'" mInuIes. . e. . . . . . . . . . . . . . . APPOINTED OFFICERS: ',..." .,,' ., . Nlhough. you - __In from wtinD In ... alluationa fll C Ib.d..... you Olheo ..1M IneY jIloo....... In .....1II8lI1n.Howmir.you . .~"c,. ~. nelunt of'" CIClfltliC! befont ~.fft1 etIempt to..... ... decIaIo., .,.Ihe; oreiyor In WIlting ind Whether mecle by~ or.. ~directIon. . ~YQU INTENOTOMAKEANYA'TTEMPTTO INF1.l.IENCtTHe DECISION PRIOR TO tHe MEETING ATwHlo,{THe vOTE WILL BE TAKEN: '. VOlI_ complete end lie lIlIs farm (befote making any ....".10 irlIluerq ... decislon) wflh ... pnon reepot......fOI'~\lLiQ... minIQ. of... meeting, who wi" il oco.po. ate ... farm In the mlnuteI. (Continued on other slde) CE FORM Ie . IFF. 112000 PAGE 1 q/,,/o.a ~ 9/JA . , ~ .' A.PPOINTeD OFFICERS (Coritlnued) . .. .,. ~ofthe bmnut be ~ .... .... t ,,'jlothe_lMlIlbeit ofthellD8ncy, ] .'n\8bm~beNad.pubIldyatthe"""-"l!lIerlhebmltlilecl. ,'" , ~,. . IFvOU~No"rreMPTTo~iJe'Nce1HEDECISIONExcEPTeVDl$CUSSlON~T.1HE MEE11NG:,. ., . . . . . .y!lU 1!lIlIt~ ~the...... ofw- anIicllrilhot- befIn~ . . V!lU"" CIClftlIlIa\e the *""! end....wttlilr11S.... 811wthelll* Oictxn.ihe ""..on i..,.,.ldlllIl'ar~~lO ihe ......;.,... tMelIlIll. Who _ L.-pOo.te the bm In'" mlnoItft. "copy of the form.... be prvvIded ~ 10 the lIlIleI'ft.....bMof... ~.'...:! the bm _ be _ pub/"oc:ly 81 the ...1IlMtirlg 8lbitthe bm ..lIled. .. DISCLOSURE OF LOCAL OFFlCER'S INTEREST t. '-!ON 12. LEV/~.$O~ .....--......011 qlt:t. q~().3. (el'" ~cilf!itQ,wIIeon.. b.ror. my ~lOhich (checIc-1 .',',- . .L lrilnd 10 my lIpecIaI private _ or Iou: .......Iriurtd to.iIw IIIIICW lrallUltiClu ofmr")ll__,.~,<"I', . . "- hncs to the lIpecIaI piiI or lOa of my ...... . _ hINd II) the 8liecIal gem Cl!toa of by ~ I -..18ined; or . "- .....'Io1M...pirloti~. wohlclI II the parenl;~or .......~!l) of apdncipll whIcII'" .1' . W.... (b)Tha,_befIn nw llg8neyarwl.'..... ofmy~ ~ In the rnaaIIn.._~: . . . t ,i Ii J .~Jc''- A M~B'&CJ.. .o~H'lo.<r:Ii)~'Jl-"1~.-j/JiJ.,._----:~-c.I" ' 'Bi ,4" V...t,T lE;l.:JJ'-'b't ,,J T~t. Occ-4...J - 0'7"'1' L'tiP't:. 2> E-J E;.lM M~r-. , ql/l )o~ ... DataFilad . .NOnCE:'~NDER PROVISIONS OF FJ.ORIDASTATUTES 1112.3n.A "A/tURETC) . E fJ.<< REQIJ/.REO QISCi.l:tSURE CONSTITUTES GROUNDS FOR AND MAY eE PUNISHED ev ONE OR MORE OF THE FOllOWING: IMPEACHMENT. REMOVAL OR SU~PENSION FROM OFFICE OR EMPLOYMENT. QEMOTION. REDUCTION IN SALARY. REPRIMAND. OR A :M::::::O EXCEEO $10.000, PAGE~, J .' .