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12-09-03DECEMBER 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, December 9, 2003. 1. Roll call showed: Present - Commissioner Patricia Archer (arrived 6:05 p.m.) Commissioner Bob Costin Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Brian Shutt, Assistant City Attorney Barbara Garito, City Clerk 2_ The opening prayer was delivered by Rabbi Suzanne Carter, Chief Chaplain for the Delray Beach Police and Fire-Rescue Department. o The Pledge of Allegiance to the flag of the United States of America was given. o AGENDA APPROVAL Mayor Perlman stated Item 9.A., Amendment No. I/Sale and Purchase Contract has been removed from the Regular Agenda. Mr. Levinson stated he would like to add Item 7.E. Video Game which relates to the killing of certain ethnic groups. In addition, Mr. Levinson requested that Item 9.M. Mayor's Salary Survey be removed from the agenda because the original intent was that this be for the entire Commission not just the Mayor. Mayor Perlman noted additional information for Item 7.C., Public Arts Needs Assessment, Item 9.D., Contract Renewal/Langton Associates, and Item 9.G., Bus Shelters/DayTech Manufacturing~ Inc. Ms. McCarthy moved to approve the Agenda as amended, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. -1- 12/09/03 5. APPROVAL OF MINUTES: None. o PROCLAMATIONS: None. o PRESENTATIONS: 7oAo Team Recognizing and Commending the Delray Beach Fire Rescue Competition Kerry Koen, Fire Chief, introduced the City staff who two months ago went to Canada to compete in an International Operations Challenge event and is proud to announce that they have made it to the finals which is an awesome feat and represented the City of Delray Beach well. Lieutenant Mike Wise gave a brief overview of the events the Delray Beach Fire Rescue Competition Team endured during competing and on behalf of the team extended appreciation for the support of the Commission. 7oBo United Way of Palm Beach County - Scott Badesch Scott Badesch, President of United Way of Palm Beach County, stated he is here to discuss a possible partnership United Way would like to explore with the City of Delray Beach. Olivio Cerano, Executive Vice President with United Way of Palm Beach County, stated the concept of the partnership is based on two areas. Mr. Cerano stated one concern of the United Way is they are funding a number of organizations that are doing great work; however, some of these organizations may not have the capacity to do what is right in terms of administration. Mr. Cerano stated the second concern is the understanding that the community is characterized by a sense of place demonstrated by the merchants and businesses that have invested a great deal of their energy in making this a better place. Mr. Cerano stated the concept of the partnership will seek several objectives but will mainly monitor and coordinate the review of funding requests the city receives in terms of allocation of dollars to human service organizations. Mr. Cerano stated United Way has multiple organizations that through a coordinated effort can help to reduce duplication of services and provide assistance with expertise. Jeff Cohen, Attorney, commented about the Child Care Center and stated this has grown to encompass far greater social services. Mr. Cohen suggested that the dollars go to where they are needed most. -2- 12/09/03 Mr. Badesch stated there is potential ability to raise money that people would like to see stay in Delray for human services. Mr. Badesch stated Mr. Cohen has suggested developing a concept called "Dollars for Delray" whereby donations would stay in Delray Beach for Delray Beach residents. It was the consensus of the Commission to proceed to work with the United Way. 7oCo Public Arts Needs Assessment - Glen Weiss Glen Weiss, representing the Delray Beach Public Art Implementation Committee, gave a brief overview of the Public Arts Needs Assessment. Sarah Wilkenson, member of the Public Art Implementation Committee, gave a brief overview of the Master Plan. Carolyn Pendelton-Parker, member Public Art Implementation Committee, requested Commission approval for the following six (6) items: · To approve the Master Plan process as outlined by the Committee · To reauthorize the loan of $15,600 · Extend the Implementation Committee through June 2004 · Appoint a new Committee Chair · Appoint two (2) new Committee members · Empower the Implementation Committee to assist the City of Delray Beach with public art projects that may improve the ongoing city construction After brief discussion, it was the consensus of the Commission to approve all six (6) items as recommended by the Public Art Implementation Committee. 7°9° Residential Design Guidelines - Beach Property Owners' Association Cary Glickstein, Trustee of the Beach Property Owners' Association (BPOA), expressed concern over the single family homes in the beach area being torn down and rebuilt in a manner that is generating frustration for many beach area residents. Mr. Glickstein briefly discussed the residential design guidelines. Hank Schakowsky, Urban Design Studios, briefly discussed the residential design guidelines. Mayor Perlman commended the effort of the BPOA. After brief discussion, it was the consensus of the Commission to authorize the Beach Property Owners' Association to move forward with staff support. -3- 12/09/03 7.E. Video Game -Jon Levinson Commissioner Levinson stated he has become aware of a video game which advocates the killing of two particular ethnic groups (Haitians and Cubans) called Grand Theft Auto Vice City. Commissioner Levinson stated since Delray Beach has a significant Haitian population and some Cuban population he suggested sending a letter to Sony, Rock Star Video Games, and some of the larger retailers asking them to cease from the distribution of sale and the creation of these types of video games in the future. Mrs. Archer stated she too supports and also suggested that this same letter be sent to the Legislature as well. After brief discussion, it was the consensus of the Commission to support having Mayor Perlman write a letter to Sony, Rock Star Video Games, the Legislature and some of the larger retailers asking them to cease from the distribution of sale and the creation of these types of video games in the future. go CONSENT AGENDA: City Manager Recommends Approval. 8.A. RESOLUTION NO. 80-03: Approve Resolution No. 80-03 assessing costs for abatement action required for the emergency board-up of an unsafe structure located at 638 N.W. 53rd Avenue. The caption of Resolution No. 80-03 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 DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. 8oBo (The official copy of Resolution No. 80-03 is on file in the City Clerk's Office.) ACCEPTANCE OF A RIGHT-OF-WAY DEED/ST. PAUL'S A.M.E. CHURCH: Approve and accept a right-of-way deed for N.W. 5th Avenue in conjunction with -4- 12/09/03 the construction of an off-site parking lot for St. Paul's A.M.E. Church, located at 119 N.W. 5th Avenue. 8oCo UTILITY IMPROVEMENT AGREEMENT/PORTA AL MARE, L.L.C.: Approve a utility agreement between the City and Porta al Mare, L.L.C. in the amount of $12,120.00 for the installation of 132 feet of new water main in the alley that runs north of N.E. 1st Street between northbound and southbound Federal Highway. Funding is available from 442- 5178-536-63.50 (Water Main Upgrades). 8.D. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB- RECIPIENT FUNDING AGREEMENTS: Approve and authorize the execution of funding agreements with six (6) sub-recipients (Alpha Time Children's Center, Community Child Care Center, Mad Dads of Greater Delray Beach d/b/a Village Foundation, Palm Beach County Resource Center, Inc., Roots Cultural Festival, Inc., and Urban League of Palm Beach County, Inc.) under the Community Development Block Grant (CDBG) program for FY 2003-2004, with the total funding in the amount of $122,000.00 from various accounts within the CDBG fund. 8oto SPECIAL EVENT REQUEST/HOWARD ALAN 15th ANNUAL DOWNTOWN ART FESTIVAL: Approve a special event request for the 15th Annual Downtown Art Festival sponsored by Howard Alan Events, Ltd. to be held on January 17 and 18, 2004, granting a temporary use permit per LDR Section 2.4.6(H) for street closure of Atlantic Avenue, east ofN.E./S.E. 6th Avenue east to Salina, and Vittoro's parking lot for vendor parking; authorize staff to apply for the FDOT street closure permit; authorize staff support for security and traffic control, and permit an event sign to be erected on Atlantic Avenue just east of 1-95 one week prior to the event with the sponsor paying all overtime costs; contingent on sponsor providing a certificate of liability insurance. 8.F. SPECIAL EVENT REQUEST/FIRST NIGHT 2004: Approve a special event request to hold the 7th Annual First Night event on December 31, 2003 from 4:00 p.m. to midnight, granting a temporary use permit per LDR Section 2.4.6(H) for the use and street closures of City rights-of-way and facilities as requested, to waive LDR's section 4.6.7(D)(3)(j)(ii) to allow event signage to be placed no earlier than December 15, 2003, and authorize staff support for security and traffic control, signage construction and installation, barricade set-up/removal, trash removal and clean up, and use/set-up of City stages as needed at no charge. 8oGo CONTRACT ADDITION/MORA ENGINEERING CONTRACTORS, INC.: Approve Contract Addition No. 1 to the Reclaimed Water Main Construction, West Side of E-4 Canal Project in the amount of $36,985.64 to Mora Engineering Contractors, Inc. for the quantity adjustments to the original contract. Funding is available from 441-5181-536-63.95 (Connection Fees). 8oHo REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period December 1, 2003 through December 5, 2003. -5- 12/09/03 8.1. AWARD OF BIDS AND CONTRACTS: 1_ Contract award to Insituform Technologies, Inc. in the amount of $480,233.50 via the 2003 City of Lake Worth Contract, the Town of Palm Beach Contract (RFP #2003-13), and the 2003-04 Manatee County Contract (RFP #00-6019FL) for trenchless sanitary sewer rehabilitation of 5,309 feet of gravity sewer (Systems 16 and 17/Barrier Island). Funding is available from 442-5178-536-63.51 (Sewer Mains). 2_ Purchase award to Turner Outdoor Equipment in the amount of $15,840.72 via the Orange County School Board Contract #02-03-11VH for one (1) John Deere Model #5105 Tractor for the Delray Beach Golf Course. Funding is available from 445-4761-572-64.90 (Delray Beach Municipal Golf Course Fund/Other Machinery/Equipment). Mr. Costin moved to approve the Consent Agenda, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:45 p.m. the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the Public. ll.B.1. Jim Smith~ 1225 S. Ocean Boulevard~ Delra¥ Beach~ stated at the Beach Property Owners' Association meeting last week Mayor Perlman expressed his wish for a pedestrian friendly Delray Beach and Ocean Boulevard. Mr. Smith stated previously in their Master Plans both the Metropolitan Planning Organization (MPO) of Palm Beach County and the Delray Beach Pedestrian/Bicycle Task Team recommended that Ocean Boulevard become a pedestrian and bicycle route. Mr. Smith stated this will not happen if the current Florida Department of Transportation (FDOT) plan is approved because that plan will leave the same four sidewalk gaps (two on each side of Ocean Boulevard north and south of Atlantic Avenue). Mr. Smith urged the Commission to ask the Florida Department of Transportation to fill in these sidewalk gaps to use the full extent of the right-of-way if necessary and use the rest of the available right-of-way for bicycle lanes. The City will also need to help by acquiring approximately 50 feet of right-of-way on the northwest corner of Casuarina and A1A. Secondly, Mr. Smith stated in his opinion the City of Delray Beach will be more bicycle friendly, people friendly, and pedestrian friendly by voting "Yes" for the Bond issue which will lay the ground work for building an inter-modal transportation facility at Old School Square. ll.B.2. Jayne Kin~ 3400 Place Valenca¥~ Delra¥ Beach (President of Progressive Residents of Delra¥)~ stated PROD is a hard working group that cares about the residents and the future of Delray in addition to offering a voice to all citizens. Mrs. King suggested that there be more ethnic diversity representing the Neighborhood Advisory Council (NAC). Mrs. King feels it is expected at all times that the conduct of public officials be professional and commented -6- 12/09/03 PROD looks forward to working with the Commission in order to assist in accomplishing a good future for Delray Beach. ll.B.3. Lisa Schuchert, 2702 Peer Lane, Delray Beach (resident of Imperial Villas), reiterated concerns over the roofing project currently taking place at the Imperial Villas condominium. Mrs. Schuchert stated she is having difficulty understanding why the roofing company is still working if a "stop order" was issued. Mrs. Schuchert urged the Commission to protect the homeowners' and asked for guidance from the Commission. The City Manager stated it was his understanding that when the roofing contractor started back working again, he started working according to code and if this is not the case, then he will inquire about it further. Mrs. Schuchert stated there were no permits for the flat roofs and she was told in order for these to be done to code, the old flat roof has to be torn off and commented homeowners' are reporting that these flat roofs are being covered over instead of being torn off. At this point, the Commission moved to Item I1.A, City Manager's response to prior public comments and inquiries. 11.A. City Manager. The City Manager had no response to prior public comments and inquiries. At this point, the Commission moved to Item 9, the Regular Agenda. o REGULAR AGENDA: 9.A. AMENDMENT NO. 1/SALE AND PURCHASE CONTRACT: Consider approval of Amendment No. 1 to the Sale and Purchase Contract between the City and D.R. Horton, Inc. providing for construction management services for the public park at no cost to the City and for early payment of park impact fees by D.R. Horton. This item has been pulled from the agenda. 9ogo AMENDED AND RESTATED UTILITY AGREEMENT/CITY CENTER DEVELOPMENT, L.L.C.: Consider approval of the amended and restated utility agreement for Ocean City Lofts between the City and City Center Development, L.L.C. to allow for the installation of utility improvements (sanitary sewer, drainage, and reclaimed water) on N.E. 4th Avenue. Mr. Levinson declared a conflict of interest with this item, and left the dais. Brian Shutt, Assistant City Attorney, stated since the November 11, 2003 City Commission meeting the cost estimate has been revised to perform this work. In addition, Mr. Shutt stated staff has reviewed the agreement and clarified the warranty bond provisions to better -7- 12/09/03 state what would be required of the developer. Mrs. Archer moved to approve the amended and restated utility agreement/City Center Development, L.L.C., seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 9.C. BONUS PAYMENT TO JCD SPORTS GROUP: Consider approval of FY 2003 bonus payment to JCD Sports Group for golf operations in the amount of $18,000.00 and for Tennis Center operations in the amount of $5,500.00. Funding is available from 445-4711- 572-34.90 (Delray Beach Municipal Golf Course Fund/Other Contractual Services), 446-4711- 572-34.90 (Lakeview Golf Course/Other Contractual Services), and 001-4215-575-34.90 (General Fund/Other Contractual Services). Robert A. Barcinski, Assistant City Manager, stated this is a request for the Commission to consider a bonus payment to JCD Sports Group, Inc. for golf and tennis operations for fiscal year 2003. JCD Sports Group, Inc. is requesting a 12.5% bonus and staff recommends an increase of no more than 11% for both golf and tennis operations. Mr. Levinson suggested that the Commission review the criteria for next year. Mr. Barcinski stated the staff did an outstanding job with regard to the maintenance side following up with the contractor. Ms. McCarthy stated it is quite outstanding that even with the significant interruption the golf course has had this year they were still be able to make these projections. Prior to the vote, Mayor Perlman stated he hears many nice things about the banquet facility and the staff particularly Beth. Mrs. Archer concurred with Mayor Perlman that Beth does an outstanding job. Mr. Levinson moved to approve staff's recommendation of an 11% bonus payment to JCD Sports Group, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.D. CONTRACT RENEWAL/LANGTON ASSOCIATES: Provide direction regarding the renewal of the consulting agreement between the City of Delray Beach and Langton Associates for grant writing services for a term of one (1) year. The City Manager stated for the last three years the city has had a contract with Langton Associates for writing and assisting with grant applications. The City Manager stated the current contract has not produced the kind of results staff had hoped it would. However, the City Manager stated there are two grants the city currently needs assistance; the Florida Communities Trust grant for the expansion of Old School Square and South Federal Highway Appropriation Grant. He further explained that there are a few others options Langton Associates offers, one being a "project by project" arrangement and runs approximately $10,000- -8- 12/09/03 $12,000 per applicant if staff is available. The other option offer is a "Smart Grant" service where they inform people of the grants available and the deadline for applications at a cost of approximately $30,000. The City Manager suggested this year instead of the city renewing the retainer to go with the "Smart Grant" at a cost of $30,000 which would cover 3-4 grant applications. The City Manager stated staff is seeking direction from the Commission and if they would like to go with this type of contract then staff will present it at the next meeting. Mayor Perlman asked if the $30,000 a year proposal would include the Florida Communities Trust work and the City Manager responded by stating this would include both the Florida Communities Trust and South Federal Highway Appropriation Grant. Brief discussion followed by the Commission with regard to ECIVIS.com. Marie Horenburger, representing Langton Associates, stated the 'Smart Grant" Program includes preparation and submission of up to four grant applications per year but does no needs analysis of the city. With regard to ECIVIS.com, Mrs. Horenburger stated a couple of cities in Palm Beach County have gone to ECIVIS and she referenced grants and their ranking as listed in the Langton Associates report. She stated some grants were not funded because the legislature cut the budgets and Langton Associates works closely with the city lobbyist and people who develop the programs and award the grants. Mayor Perlman stated he envisioned the grant writer would do above and beyond staff' s capability because this is not staff' s specialty. However, the city is not currently receiving from Langton Associates. Mayor Perlman expressed his disappointment and stated this has caused a real disconnect between Langton Associates and the city. Mayor Perlman stated part of the issue is Langton Associates is located in Jacksonville and feels it is hard for them to know what is happening here in Delray Beach. Mrs. Horenburger stated the larger value Langton Associates offers is they work very closely with agencies in Tallahasee on a regular basis. Ms. McCarthy stated she would like to tentatively support this until after the City Manager and City Attorney have reviewed the new contract. It was the consensus of the Commission to proceed with option #2; "Smart Grant". 9oto TRIPARTITE AND INTERLOCAL AGREEMENT/AMENDMENTS NO. 1 AND NO. 2/DELRAY BEACH LIBRARY: Provide direction on whether to proceed based on the appraisal information received by the parties. Mayor Perlman declared a conflict of interest and passed the gavel to Vice Mayor Levinson. The City Attorney stated the agreements provide that the Commission has the ability to get out of the contract if they are not happy with the appraisals for either the new library site or the current library site and to formally approve at least a concept. The City -9- 12/09/03 Attorney stated the new library site was appraised at $1.7 million and the current library site was appraised at $1.6 million. The City Attorney stated if the market value for the current site exceeds the $1.7 million plus associated costs then it will go to the City. Ms. McCarthy stated she is in favor of not opting out of the agreement. Mrs. Archer and Mr. Costin stated they will support as well. Mr. Costin moved to proceed to move forward with the process based on the appraisal information received and to not "opt out" of the agreement, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 9.F. ENGINEERING CONSULTING AGREEMENTS: Consider approval of seven (7) Engineering Consultant Agreements between the City and CH2M Hill; Eckler Engineering; Hazen & Sawyer, PC; Kimley-Horn & Associates; Lawson, Noble & Webb; Mathews Consulting, Inc.; and McMahon & Associates for engineering consulting services. At this point, Mayor Perlman returned to the dais. Richard Hasko, Director of Environmental Services, stated this item is a request for approval of a total of seven (7) Engineering Consultant Agreements. Mr. Hasko stated the terms of the contracts are between 3-5 years because that ties in to the length of the Capital Improvement Plan (CIP). Ms. McCarthy asked ifEckler Engineering is included in the top five (5) and why. In response, Mr. Hasko stated Eckler Engineering is included in the Environmental category and noted five of the seven consultants that staff is recommending qualified not only in the general and civil category but in all the other categories as well. Mr. Costin asked which engineering consulting firm is new that was not on the list from the previous contract. In response, Mr. Hasko stated Hazen & Sawyer, and McMahon & Associates are the only two that the City does not have existing contracts. With regard to the rating categories, Mr. Costin asked why staff is rating the "Experience with Delray" category so high. In response, Mr. Hasko stated the first and foremost priority is qualifications and experience. Mr. Hasko stated proximity to Delray is important to staff because in the past staff has worked with consulting firms that perhaps had small branch offices or no branch offices at all and this made project coordination extremely difficult in addition to causing problems with projects. Mr. Hasko explained that the "Experience with Delray" category goes up to a 15 point value and gives consultants who have worked with Delray and also consultants who have applied who staff has experience with them while they were doing private consulting work for things that were happening in town. Mr. Hasko stated staff's goal is to try and retain a set of consultants that gives a variety or diversity of levels of expertise in addition to providing a high quality consulting service. Mr. Hasko stated this category can either work for or against a consulting firm as well. -10- 12/09/03 Mr. Levinson stated 45 of the 100 points in his opinion as a policy maker address things which are not as relevant as other things which he feels are relevant to the City of Delray Beach. Mr. Levinson stated he does not agree that the proximity issue is important. Secondly, with regard to the "Experience with Delray" factor, Mr. Levinson stated he is interested in people who have good experience with government. Mr. Levinson stated he is extremely troubled by the "other" category because this is the wrong thing to do in an RFP since then there is no criteria. In addition, Mr. Levinson stated he is also troubled by the references. Mr. Levinson stated he agrees this should remain at five (5) firms and review it at the end of three years. Mr. Levinson suggested that the Commission set the priorities of the criteria. Mrs. Archer concurred with Mr. Levinson and stated she would like to see a more objective evaluation of the point system and how it is accounted for with regard to the ranking. Mrs. Archer stated she would also like to see this redone and she does not see any reason why the City should not use an outside source to do this. Mr. Levinson suggested that the Commission identify the criteria they want and assign the point values and re-bid the RFP and direct staff to bring back to the Commission at the Workshop meeting in January. Ms. McCarthy stated she too is concerned with the references as well. In addition, Ms. McCarthy stated during the past fiscal year there have been many concerns expressed in general about the bid process and bid results. She suggested that something be done to make the process more uniform. It was the consensus of the Commission to review the criteria for the bid process at a future meeting. 9.G. BUS SHELTERS/DAYTECH MANUFACTURING~ INC.: Consider approval of a contract between the City of Delray Beach and Daytech Manufacturing in the amount of $454,114.00 for the manufacture, delivery, construction and installation of forty-seven (47) bus shelters. Scott Aronson, Parking Management Specialist, stated the City of Delray Beach advertised a RFP 2003-56 for the design, construction, and installation of bus shelters throughout the city. A selection committee was formed to rate and rank the responses. A rating sheet was created utilizing a point system (100 max. total). Staff felt that design elements were the most significant component of the project and therefore assess it the highest point value followed by cost and timeframe. Although the price quoted by Daytech Manufacturing was higher than that quoted in LN! Custom Manufacturing, the aesthetic qualities of the Daytech shelter, which include decorative trimmed clear tempered glass panels, were incomparable to the perforated metal screen panels offered by LNI. Additionally, a public safety concern was raised with regards to limited visibility created by the perforated metal paneling. -11- 12/09/03 Mr. Aronson stated the committee used the solar lighting option in their review concluding that the higher up front cost for the solar lighting offset the costs of providing electricity to each shelter. Mr. Aronson stated a letter was received today from Mr. Watterson with LNI Custom Manufacturing and after review staff recommends approval of awarding the bid to Daytech Manufacturing. Mr. Aronson stated a formal contract will be brought forward for Commission approval at the meeting of January 13, 2004. Mr. Costin expressed concern over the integrity of the glass and stated he noticed the panels are tempered glass. Mr. Costin asked if staff has looked into other options. Mr. Aronson suggested placing some type of film or tint over the glass in an effort to protect it somewhat. Mr. Costin stated he concurs with Mr. Aronson's suggestion regarding the option of placing some kind of film or tint over the glass may be something worth looking into. Mr. Levinson stated the bus shelters look great. Mayor Perlman inquired about the bid protest procedures and the City Attorney stated bid protest procedures requires a response within five (5) days of opening which was not met by LN! Custom Manufacturing. Mrs. Archer moved to approve the bid award in the amount of $454,114.00 to Daytech Mfg. for the installation of 47 bus shelters, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.H. MIDDLE SCHOOL 98-GG: Provide direction regarding a proposed resolution supporting a school of choice for Middle School 98-GG. Lula Butler, Director of Community Improvement, stated this item before Commission is consideration of a resolution for Middle School 98-GG located in Boca Raton within the old IBM complex. Mrs. Butler stated Middle School 98-GG is scheduled to be open in 2004 and have a student body capacity of 1,300 and will be a High Tech Middle School. Mrs. Butler stated the Palm Beach County School District will be considering whether or not the school is going to be a school of "boundaries" or an "open choice school". The District had anticipated that this school would contain boundaries for 800 students and 500 students were to be selected by a lottery system serving students from Lantana Road to the southern boundaries of Palm Beach County. The City of Boca Raton sent a Resolution to the District encouraging the District to designate Middle School 98-GG a school of "open choice" not boundaries. Staff recommends supporting an "open choice school" with a priority zone for Delray Beach students that mirrors that of the boundaries proposed in Boundary Study GG-4 to include approximately 300 Delray Beach students. Ms. McCarthy asked what is meant by assigns priority seating of 300 students? In response, Mrs. Butler stated students from Delray Beach will be able to apply and there is a preference assigned for the first 300 Delray Beach applications. Ms. McCarthy asked what some -12- 12/09/03 of the other criteria besides location when applying to a school? In response, Mrs. Butler stated if this is a school of choice, there would be no other criteria that the student would have to meet to get into the school. Mayor Perlman stated he spoke to Carole Shetler, Area Superintendent for the Palm Beach County School District, who expressed concern that she would like to see overcrowding at Carver Middle School relieved and she is also concerned about the International Baccalaureate (lB) Program at Atlantic High School and the Middle Year's International Baccalaureate (lB) Program at Carver Middle School. Mayor Perlman stated Mrs. Shetler implied if an "open choice school" is allowed it would hurt these two programs because the pool of applicants. Mayor Perlman stated Mrs. Shetler feels instead of students going to the Carver Middle Year's lB Program they would maybe opt to go to the technology school and would be less apt to apply to the lB Program at Atlantic High School. Mr. Levinson stated this is a very unique school because it is not a traditional School of Choice and explained a teacher academy will be located at this school. Mr. Levinson stated every class will be potentially used for teaching techniques not just within this school but the Palm Beach County School District like to sell these services as training for other districts around the country. Mr. Levinson stated he supports a School of Choice because he feels it provides another opportunity for students to have a different kind of experience available to them other than if they were zoned there they would have to choose technology. Mr. Levinson stated if it is a School of Choice students can choose technology or once the Middle School of the Arts is complete then they could choose the Arts. Ms. McCarthy stated she is not in favor of the "open choice school" for this particular school but instead supports the "boundaries". Ms. McCarthy stated the boundaries would guarantee students from Delray Beach will be part of this process and seeing that it is a study process. Ms. McCarthy stated the new technology school is such an imperative indication of the future of society she feels these children would benefit quite a bit and the boundary guarantees Delray Beach students would have participation in the school. Mrs. Butler stated she feels there will be a lot of interest from Delray Beach students for this school. Mrs. Butler stated one of the things staff thought about putting in place with the open choice school would be providing workshops and facilitate parents of the application process and how to complete the applications to make sure for those who choose would have the opportunity. Ms. McCarthy stated she is under the impression that if a student is assigned to a school by boundary and a parent has concerns and does not want their child to attend that school especially if they are in any special programs in another school that the parent has the right to go to the School Board and to make another application to opt the child out of the school. Mr. Levinson stated with Carver being overcrowded someone could not opt to go back into Carver. -13- 12/09/03 Mayor Perlman stated he too shares the concerns expressed by Commissioner McCarthy. Mayor Perlman stated his goal would be to relieve overcrowding at Carver Middle School and stated the city should provide as much support and marketing of this opportunity to local students and assist parents so that students have the opportunity and know how to apply. Mrs. Archer stated this school is a unique experience and insists the city provide the maximum amount of information and assistance to any parent who wants to apply and supports a school of choice. Mayor Perlman stated to his knowledge at this point there has not been a high degree of marketing occurring in the Delray Beach schools. Mrs. Butler stated Deborah Johnson, who is going to be the Principal at Middle School 98-GG announced she has been marketing this school to different communities and believes there has not been a lot of marketing in Delray Beach. With regard to the boundary situation, Ms. McCarthy asked how many students will be attending the school. Mrs. Butler stated around 300 students would be attending the school. Mrs. Butler stated with regard to the choice school the city is asking for 300 students as well. Ms. McCarthy asked what happens if more than 300 students apply. Janet Meeks, Education Coordinator, stated anyone over the 300 students would go into a lottery system. Ms. McCarthy inquired if they are limited to only 300 applicants. Mrs. Meeks stated her assumption is that since the school was set up for 800 students to relieve overcrowding at other schools that they would apply priority zones for all those schools first and leave the additional 500 seats open for the public-at-large which would be done on a lottery system. Mrs. Meeks stated this school was set up to relieve three middle schools in the area. Ms. McCarthy moved to support Resolution No. 81-03 supporting "Boundary" Study GG-4 for Middle School 98-GG located in Boca Raton, Florida, that also serves students of Delray Beach, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - No; Mr. Levinson - No; Ms. McCarthy - Yes; Mayor Perlman - No; Mr. Costin - No. Said motion FAILED with a 4 to 1 vote. Brief discussion between the Commissioners followed. Mr. Levinson moved to approve Resolution No. 81-03 supporting a "School of Choice" with a priority zone for Middle School 98-GG located in Boca Raton, Florida, that also serves students of Delray Beach with the caveat to direct staff to provide active daily participation with parents from Elementary 5th graders as well as the existing middle school to market and assist them in completing the application, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - No; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 1 vote, Ms. McCarthy dissenting. 9olo CDBG CONSOLIDATED ANNUAL PERFORMANCE AND APPRAISAL REPORT (CAPER): Consider approval of the Community Development Block Grant (CDBG) Consolidated Annual Performance and Appraisal Report (CAPER) for FY 2003 as required by -14- 12/09/03 the U.S. Department of Housing and Urban Development. Lula Butler, Director of Community Improvement, stated this item is required under the City's federal regulations governing the use of the Community Development Block Grant (CDBG) dollars and the Community Development Block Grant Consolidated Annual Performance and Appraisal Report (CAPER) is required to be submitted to HUD by the end of the fiscal year. Mrs. Butler stated this is also required to be advertised. Mrs. Butler stated she is pleased to announce that they spent over $900,000 on various activities and 100% of their expenditures benefited low to moderate income households. Mr. Costin stated he is very impressed with the accomplishments and commended staff for a great job. Mrs. Butler commended Kendra Graham, Community Development Administrator, for exceeding all of her goals in each category. Mrs. Archer noted a typographical error on the cover of the report and stated the word "Appraisal" should read "Evaluation". Mrs. Archer moved to approve the Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER) for fiscal year 2003, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9oJo PROPOSAL FOR SETTLEMENT IN FLORIDA BLACKTOP v. CITY OF DELRAY BEACH: Consider a Proposal for Settlement in the amount of $550,000.00 in Florida Blacktop v. City of Delray Beach. Staff recommendation is denial. Mr. Costin moved to approve the proposal for settlement in Florida Blacktop v. the City of Delray Beach, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Perlman - No; Mr. Costin - No; Mrs. Archer - No; Mr. Levinson - No; Ms. McCarthy - No. Said motion to approve the settlement was DENIED with a 5 to 0 vote. 9.K. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Appoint one (1) member to the Parking Management Advisory Board to represent the Atlantic Avenue Corridor between Swinton Avenue and Interstate 95 for an unexpired term ending January 31, 2004. Based upon the rotation system, the appointment will be made by Commissioner Levinson (Seat #3). Mr. Levinson moved to appoint Vanessa Grant as a member to the Parking Management Advisory Board for an unexpired term ending January 31, 2004, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. -15- 12/09/03 9.L. BOYS AND GIRLS CLUB/REQUEST WAIVER: Consider a request from the Boys and Girls Club to waive the January 1, 2004 requirement for a building permit in Section 1.03 of the lease between the City and the Boys and Girls Club. Robert A. Barcinski, Assistant City Manager, stated this request by Mary O'Connor, President and CEO is to waive the January 1, 2004 building permit date requirement for the Boys and Girls Club property. Mr. Barcinski stated the Boys and Girls Club received a large donation a few weeks ago and they will be able to proceed, however, will not be able to meet the January 1, 2004 requirement. The City Attorney stated for clarification the only date being waived is the building permit date. Mr. Levinson stated it would be nice for the City to write a letter to the donor thanking them for the donation. Mr. Levinson moved to approve the request from the Boys and Girls Club to waive the date of January 1, 2004 and change it to July 1, 2004, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 9.M. MAYOR SALARY SURVEY: Provide direction regarding a possible increase to the Mayor's salary. This item has been removed from the agenda. At this point, the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 48-03: An ordinance rezoning from POD (Professional Office District) and CD (Conservation District) to RM (Medium Density Residential) for a 0.509 acre portion of the Delray Harbor Club Condominium Development located on the east side of U.S. Highway No. 1, approximately 650 feet south of S.E. l0th Street. If passed, a quasi-judicial public hearing will be scheduled for January 6, 2004. The caption of Ordinance No. 48-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POD (PROFESSIONAL AND OFFICE) DISTRICT IN PART, AND CD (CONSERVATION) DISTRICT IN PART TO RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE EAST SIDE OF U.S. HIGHWAY NO. 1, APPROXIMATELY 650 -16- 12/09/03 FEET SOUTH OF SE l0th STREET, AS MORE PARTICULARLY 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. 48-03 is on file in the City Clerk's Office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated these are these are the rezoning associated with the Future Land Use Map Amendment Comprehensive Plan Amendment 2003-02 that was sent to the Florida Department of Community Affairs (DCA). The Planning and Zoning Board considered both of them concurrently and staff held the rezoning actions that were associated with those land use actions until this time, the second reading of the rezoning ordinance will occur at the same meting as the adoption of the Comprehensive Plan amendment. Mr. Dorling stated this is a rezoning from POD (Professional and Office District) in part and CD (Conservation District) in part to RM (Multiple Family Residential) to accommodate changes that the Delray Harbor Club proposes. At its meeting of July 21, 2003, the Planning and Zoning Board held a public hearing in conjunction with the rezoning and FLUM amendment requests. After reviewing the proposal, the Board unanimously voted 4-0 (Sowards stepped down; Woehlkens and Morris 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. Mr. Costin moved to approve Ordinance No. 48-03 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 49-03: An ordinance rezoning from R-1-A (Single Family Residential) to LI (Light Industrial) for parcels of land located on the east side of Wallace Drive, th south of S.W. 10 Street; and, rezoning from I (Industrial) to MIC (Mixed Industrial and Commercial) for two parcels of land located 100 feet east of Tangelo Terrace, between Poinsettia Drive and Georgia Street in conjunction with the Wallace Drive Redevelopment Plan. If passed, a quasi-judicial public hearing will be scheduled for January 6, 2004. The caption of Ordinance No. 49-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING CERTAIN PARCELS OF LAND, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT TO LI (LIGHT INDUSTRIAL) DISTRICT; AND, FROM I -17- 12/09/03 (INDUSTRIAL) DISTRICT TO MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT; ALL REQUIRED TO IMPLEMENT THE WALLACE DRIVE REDEVELOPMENT PLAN; SAID PARCELS OF LAND LOCATED ON THE SOUTH SIDE OF SW l0TM STREET, BETWEEN WALLACE DRIVE AND SW 9TM AVENUE; AND, WEST OF LIME LANE, BETWEEN GEORGIA STREET AND POINSETTIA DRIVE, AS MORE PARTICULARLY 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. 49-03 is on file in the City Clerk's Office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated these zoning changes are similar to the previous ones with respect to their association with the Future Land Map amendments that were considered by the Commission and transmitted to the Florida Department of Community Affairs (DCA) earlier this year. The associated FLUM amendments are scheduled for second reading for the January 6, 2004 City Commission meeting. At its meeting of July 21, 2003, the Planning and Zoning Board held a public hearing in conjunction with the FLUM amendment and Rezoning requests. There was public testimony in opposition related to concerns about the overlay district. After reviewing the staff report and discussing the proposal, the Board unanimously voted 5-0 (Woehlkens and Morris absent) to recommend that the FLUM Amendment and Rezoning 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 3.2.2 (Standards for Rezoning Actions, LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. Mr. Dorling stated some of those LI (Light Industrial) parcels do not meet the minimum criteria under the LI (Light Industrial) District with respect to the lot size and noted this will be addressed at the second reading of the Future Land Use Map amendment and rezoning ordinances. Mr. Costin moved to approve Ordinance No. 49-03 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 12.C. ORDINANCE NO. 50-03: An ordinance rezoning from RM (Medium Density Residential) to GC (General Commercial) for the following areas pursuant to the adopted Southwest Area Neighborhood Redevelopment Plan: 1_ South of West Atlantic Avenue, north of N.W. 1st Street, between S.W. 8th Avenue and S.W. 12th Avenue. 2_ East and west sides of S.W. 5th Avenue, south of S.W. 1st Street. 3. Northwest corner of S.W. 1st Street and S.W. 4th Avenue. -18- 12/09/03 If passed, a quasi-judicial public hearing will be scheduled for January 6, 2004. The caption of Ordinance No. 50-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING CERTAIN PARCELS OF LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT; ALL AS REQUIRED TO IMPLEMENT THE SOUTHWEST NEIGHBORHOOD REDEVELOPMENT PLAN; SAID PARCELS OF LAND LOCATED SOUTH OF WEST ATLANTIC AVENUE (AND NORTH OF NW 1sT STREET) BETWEEN SW 8TM AVENUE AND SW 12TM AVENUE; EAST AND WEST SIDES OF SW 5TM AVENUE, SOUTH OF SW 1ST STREET; AND, THE NORTHWEST CORNER OF SW 1ST STREET AND SW 4TM AVENUE, AS MORE PARTICULARLY 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. 50-03 is on file in the City Clerk's Office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated these rezoning actions are also those which are associated with the Comprehensive Plan Amendment 2003-02. At its meeting of July 21, 2003, the Planning and Zoning Board held a public hearing in conjunction with the FLUM amendments and Rezoning. Public testimony was provided both in support of and in opposition to the requests. The testimony in opposition to the request primarily related to concerns over displacement of residents as a result of redevelopment. Mr. Dorling stated staff recommends approval and noted that the second reading will be on January 6, 2004 for the land use. Ms. McCarthy inquired placing the new zoning on these residential structures about what happens if an owner sells their home? In response, Mr. Dorling stated they would be allowed to continue in perpetuity until the structure is vacant for more than six months then it would become non-conforming and could not be reestablished. Mr. Dorling stated it could be sold and occupied as a single family home or sold and redeveloped consistent with the GC (General Commercial) district. Ms. McCarthy asked these parcels which are being displayed for the new zoning has staff looked to see if they are owned by the CRA? Mr. Dorling stated he does not know; however, staff can look into this and get a response by second reading. -19- 12/09/03 Mr. Levinson moved to approve Ordinance No. 50-03 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - No. Said motion passed with a 4 to 1 vote, Commissioner McCarthy dissenting. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Item. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager. The City Manager suggested closing City Hall on Friday, December 26, 2003 and encouraged employees to take vacation time. The Commission concurred with the City Manager's suggestion to close City Hall and Administrative Offices on December 26, 2003. 13.B. City Attorney. The City Attorney had no comments or inquiries on non-agenda items. 13.C. 13.C.1. City Commission. Vice Mayor Levinson Mr. Levinson stated the grand opening of the Skate Park was a huge success and it is working out very well. Mr. Levinson stated Island Water Sports and Skate U.S.A. participated and gave away many nice gifts at the grand opening. Mr. Levinson suggested that staff write a letter to thank them for their participation at the grand opening. Secondly, Mr. Levinson announced the Neighborhood Advisory Council (NAC) had its first meeting last night and stated it was exciting to see all the eager people in attendance. Mr. Levinson stated he read an article in the newspaper that 1-95 at Linton Boulevard is going to be closed for an additional month due to rain delays. Mr. Levinson suggested that staff write a letter to Florida Department of Transportation in an attempt to possibly expedite the work. Mr. Levinson stated it was anticipated that this project would be complete by now and he feels people should not be inconvenienced any longer than necessary. 13.C.2. Commissioner Costin Mr. Costin echoed comments expressed by Mr. Levinson regarding the Skate Park and Linton Boulevard. Secondly, Mr. Costin stated he enjoyed the day in Belle Glade and commented it was a nice experience. - 20 - 12/09/03 13.C.3. Commissioner McCarthy Ms. McCarthy had no comments or inquires on non-agenda items. 13.C.4. Commissioner Archer Mrs. Archer stated she had a wonderful time at the grand opening of the Skate Park. Secondly, Mrs. Archer stated this had been a particularly bad week for her because she missed the day in Belle Glade, the Neighborhood Advisory Council (NAC) meeting, and the Beach Property Owners' Association (BPOA) meeting due to work commitments. Mrs. Archer inquired about the Bond issue. The City Manager gave her a brief update and advised that after the 1st of the year marketing activity and literature will be mailed to residents. 13.C.5. Mayor Perlman Mayor Perlman stated at the Beach Property Owners' Association (BPOA) meeting a few concerns were brought up regarding the horn on the Atlantic Bridge aggravating the residents of Barr Terrace. Mayor Perlman asked staff to follow up with the Coast Guard on this. The City Manager stated staff will follow up with Florida Department of Transportation first and then go from there. Secondly, Mayor Perlman feels the Skate Park will transform the Teen Center and will help bring more activity there. Mayor Perlman indicated that he suggested to the Vice President of the Delray Beach Youth Council that they set up a vending window and sell water, etc. to help raise money. With regard to the Bond issue, Mayor Perlman stated there were a lot of people the Commission was able to talk to at the Skate Park and commented some of these people are the parents who utilize the parks. Mayor Perlman stated there is a lot of word of mouth right now regarding the Bond issue and there will be a lot more activity after the first of the year. Mayor Perlman announced "Scrooge" will be playing at the Delray Beach Playhouse through December 21st. Mayor Perlman stated this particular production has children from Banyan Creek Elementary School, Spady Elementary School and Plumosa Elementary School along with local actors who live in Delray Beach. Mayor Perlman encouraged everyone to attend and commented it is a great night of entertainment for all ages. Mayor Perlman stated he attended the Seacrest/DeMda party on Sunday and received some very positive comments about the general direction of the city and the look of that particular neighborhood. Mayor Perlman stated there were some new people in town who were -21 - 12/09/03 at the party who had come to Delray Beach and looked through the area and downloaded the Master Plan from the City's wehsite. Mayor Perlman continued to state they were so impressed by what has gone on in the city that they came back to Delray as a result. Mayor Perlman stated he heard this again yesterday from a realtor who is moving from Boca to "The Meridian" because he read the Master Plan and thought Delray Beach would be a great place to invest. Mayor Perlman stated the Neighborhood Advisory coUncil (NAC) meeting was terrific and noted he too would like to see a little more diversity as the city moves forward. However, Mayor Perlman stated he is convinced the entire city is being represented based on the geographic assignments of members. Mayor Perlman commended Janet Meeks, Education Coordinator and Lula Butler, Director of Community Improvement for a great job. Mayor Perlman stated he received a letter from Bonnie Dearborn with the State Historical Society asking for moving expenses for her headquarters on Swinton Avenue and noted she would like a response as soon as possible. Mayor Perlman stated the original idea was to accommodate her in that building and share the facility. However, Mayor Perlman stated she did not want any part of this. It was the consensus &the Commission not to assist with moving costs. Mayor Perlman commented about the Watershed Rehabilitation Facility and ~tated he has received many calls from people alleging the facility is going beyond their scope and performing medical treatments. Mrs. Archer stated she will be meeting on Friday with the man who is with the sober residents' society and will inquire as to what is going on at the Watershed facility. Mayor Perlman suggested that the Commission have an Annual Employee Appreciation Holiday Lunch for all City employees with the date and time to be announced. The Commissioners were in agreement. Mayor Perlman wished everyone a happy, healthy, and safe holiday season. There being no further business, Mayor Perlman declared the meeting adjourned at 10:00 p.m. City Clerk -22- 12/09/03 ATTEST: 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 December 9, 2003, which Minutes were formally approved and adopted by the City Commission on January 6, 2004 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. - 23 - 12/09/03 .FORM 88 _MEMORANDUM OF VOTING CONFLICT FOR 'cOU.NT¥, MUNICIPAL, AND'0THER'LQCAL PUBLIC OFFICERS 943 Evergreen Drive Delray Beach 12/9/03 COUNTY Palm Beach Delr~y Beach City Commi,ss£pn .~cr~ acou~r,r a oma~ LOC~.~ENCY N~V~ OF PO~JTICN. SUBOMSK~: Delra~ Beach WHQ MUST FILE FORM 8B This form ia ~ use by any person sewing at the County, city. or other local level of government o~ an appointed or elected beard, COuncil, commission, authodty, or committee~ It applies e~ually to members of advtso~ and nor~edvisory bodies who am presented with a voting conflict of interest 'under Section 112.3143, Flodda Statutes. Your responsibi!~es under the law when faced with voting on a measure in which you have a conflict of Interest will v~.ary greatly depending on whether you hold an elective or appointive position. For this reason, Please pay close attention to the instructi0~ts on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143,-FLORIDA STATUTES A person holding elective er appointive county, municipal, or other leset public office MUST ABSTAIN from voting on a measure-whioh inures to his or her special private gain or Ios~. Each elected or appointed local officer also is prohibited from knowingly voting Gna mea~ sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the ~pectal private gain or loss of a business associate, Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S.. and officers of independent seesial 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, sen, daughter, husband, wife. brother, sister, father4n-law. mother-in-law, son-in-law, and daughter-in-law. A 'business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In add'~on to abstaining from voting in the situations deschbed above, you roust disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly sating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- u{es of the meeting, who should incorpomta the f~'m in the minutes. APPOINTED OFFICERS: Although y~u roust abstain from voting in the situations described above, you otheP.~lse may perti~patu in 4hese mettera. HoWever, you must disClose the nature of the c~nflict bofofe making any attempt to influence the decision, whether orally or in Writing and whather made by you or at your direction. IF YOU INTEND TO MAKE ANY A i i ,'~MPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WIL.[ BE TAKEN: · You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recordlag the minutes of the meeting, who will incorporate t~ form in the minutes. (Continued on other side) CE FORM 88 - EI=F. 1/2000 PAGE APPOINTED'OFFICERS (continUed) . A copy of the form must b~ provided immediately to Ihe oU!er members of the agency. The form must be read ~ at Ihe next meeting aftor the form is ~ed. IF YOU MAKE NO ATrEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: - You must disctose orelly.the nature of your confli¢t in lhe meaSt~i'e before participating. meeung, w~lo must mcorporete the form in the.., rmnutos. A copy of the f0rm must be previded immediateI,y to tbe other membere of the agency, and the form must be read publicly atthe next meeang after the form is filed. ' DI$CLOSURE~OF LOCAL OFFICER'S INTEREST (a) A measure came Or Will come before my agency which (check one) inured to my special private gain or loss; inured to ~le Speoial gain or lo~ of my business ass~iate~ __ inured to the special gain or loss of my relative, __ inured to the special gain or loss of wtmm I am retained;, or __ tnured to the spe~31-',l gain e:t~loss d -., is the parent organization or subsidiary of a Wine,al which has retained me, Jori E. Levinsou . , .hembydisc~,ethatorl. 12/9/03 (b) The measure be~bre my agency and the nature t=f'my conflicting interest in the measm-e is as fOllows: ' I, or a' member of my family, may be a unit owner in the Ocea~ City Lofts DevelOpment. Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES§ ANY REQUIRED DISCLO~LIRE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF FOLLOWING:~IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN SALARY. REPRIMAND;OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88- EFF. 1/'2000 PAGE 2 C.ONFLIC¥ FOR. L PUBLIC OFFICERS Perlman, Jeffrey L. Delrav Lakes Drive 12/9/03 N~IE OF BOA~D,'COUNCIL COMMISSION. AUTHORITY. OR COMMITTEE Delray Beach City Commission THE BOARD. COUNCIl. COMMISalON. ALrI~K~RITY OR COMMITTEE ON De, lray ~each , , , WHO MUST FILE FORM 8B This form is for_ use bY any person sewing at the county, city, Or other Ioceltevel of government on an appainted or atecled board. Couhcil. commission, authority, or committee, it appites equally to members of advisory and herr-advisory bodies who are presented with a voting contiict of interest under Section 112.3143, Flodda Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict d interest will very greatly depending on whether you hold an etective or appo~tive position. For this reason, please pay close attention to the instructions on this form befOre completing the reveree side and tiling the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A ~ holding elective or appointive county, municipal, or other local Dublic office MU~T ABSTAIN froor voting mla measure which inures to hie or her special private gain or loss. Each eiscted or appointed local officer also is prohibited from knowingly voting on a.mea- sure which inures to the special gain or loSS of a pdn~pal (other than a government agency) by whom he or she is retained (including the parent organization or' subsidia~ of a corporate principal by which he or she is retained); to the special pdvate gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.B., and off'~ers of independent special tax districts elected on a one-acre, one.vote basis are not prohibited from voting in that oapacity. For purpasas of this law, a 'relative" includes only the officer's father, mother, son. daughter, husband, wife, brother, sister, father-in-law. mother-in-law, son-in-law, and daughter-in-law. A 'busineSS aSSociate' means any pereon 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 coqooration are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addison to abstaining from voting in the situations Oascfibed 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; end WITHIN 15 DAYS At- I ER THE VOTE OCCURS by completing and filing this form with the parson responsible for recording the min- utes of the meeting, who shoul~ tneoqX~'ate the form in the minutes. ' APPOINTED OFFICERS: AJtho~gh yo~ must abstain fro~ vo0ng in the situations dascribe~ above, YOu ofhenvtse may pa~cipate in these mattem. However. you must dlsciuse the nature of the conflict before making asy attempt to influence the decisioN, whether oratly or in writing and whether made by you orat your direction. IF YOU'INTENO TO MAKE ANY A'~ i =MPT TO INFLUENCE THE DECISION PRtOR TO THE MEETING AT WHICH THE VOTE WILL BE ,TAKEN: o You must {:~nplete and ~e this form [t~'ore maldng any ~empt to intiu~,co tho d~::tslo~) with th~ pemon mspcmstble fro' re~:~ffiin{J th~ mimJtes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - F_FF. 1/2000 PAGE 1 APPOINTED OFFICERSic0nfinued)' · · A copy or~ fixm mu t be p~ immeo~ateb/to ~ om~ ~m~ of me ~e~. IF YOU MAKE NO A~EM~ TO INFL~NCE ~E DECISION ~CEPT BY DISCUSSION AT ~E ME~NG: DISCLOSURE OF~LOCAL OFFICER'S INTEREST I, .l'effrey 1'.. Perlman , ,.herebydP'aclose.thatO~ 12/9/03 (a) A .measure came or will ix)me before my agency which (check one) 'v'inured/ to my spec;iai ~K. ato gain or k~s; inured to the special gain or toss of my mtative, -- inured to the special gain Or loss of v/nom'l am.retoined; or inured to:t~te'speC!algein o~to~ of-._ , . , . - · · -, - - is the, parent ~'ganiza~on or subsldimT:of a prle4:ipal which .has retained me. (b) Themea~ore before my agency and the nature'of ~ny confliCling interest Ih the. measure is as follows: Diane: Colonna, my wife, is Director o~ theCommunity Rede~elOpmen[ Agdnby (CRA) I have a conflict voting on items that directly affect the CRA. Faed [ NOT~cE:,,UN~ER,PROViSlOI~S O; i~LoRiD~ sTA~J~ES ~;12;317.'A F;ILURE ~0 MAKE' ~ R~QUIRE~:~C~O~ t ' CONSTITUTES GROUNDS FOR AND MAy BE PUNISHED BY ONE OR MORE OF THE FoLLOwING:-[MP~CHMENT, [ REMOVAL OR SUSPENSI~ FROM OFFICE ~ EMP~OYM~. DEMOTION. RE~CTiQN iN SA~Ry. REPRi~ND, OR A I ' cIViL PE~AL~ NOT TO ~CEED $1~,~0. ] ' CE FOf~.M 88 - EFF. lr2OOO PAGE 2