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04-20-04 MinutesAPRIL 20~ 2004 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, April 20, 2004. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Bob Costin Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - None Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Brian Shutt, Assistant City Attorney Chevelle D. Nubin, Deputy City Clerk o The opening prayer was delivered by Vice Mayor McCarthy. o given. The Pledge of Allegiance to the flag of the United States of America was o AGENDA APPROVAL. Mayor Perlman noted additional information for Item 8.J., Amendment/Ticketmaster L.L.C. Agreement/Davis Cup. Mayor Perlman noted the addition of Item 9.G. Delray Beach Housing Authority/Carver Estates, to the Regular Agenda by addendum. Mayor Perlman noted the addition of Item 7.D, Presentation by Vice Mayor McCarthy recognizing C. Ron Allen. Mr. Costin moved to approve the Agenda as amended, 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. APPROVAL OF MINUTES: None. -1- 04/20/04 6. PROCLAMATIONS: 6oAo Municipal Clerk's Week- May 2-8~ 2004 Mayor Perlman read and presented a proclamation hereby proclaiming May 2, 2004 through May 8, 2004 as Municipal Clerks Week. Barbara Garito, City Clerk, came forward to accept the proclamation. 6ogo Delray Beach Church of God - 75th Anniversary Mayor Perlman read and presented a proclamation hereby recognizing the Delray Beach Church of God now known as Resurrection Life Fellowship Church of God. Mary Alford came forward to accept the proclamation. ° PRESENTATIONS: 7.A. "Spotlight on Education" - S.D. Spady Elementary School Modernization~ Jose Murguido~ A1A Zyscovich Architects Jean Mills, Senior Planner for the Palm Beach County School District, stated she is pleased to present a group of the representatives who have been working with the community and staff in order to facilitate a new school, S.D. Spady Elementary School. Ms. Mills introduced Martha O'Hare, Principal, Bradley Henry, Assistant Principal, Rudy Hernandez, Project Architect with A1A Zyscovich Architects, and Jos~ Murguido with A1A Zyscovich Architects. Jos6 Murguido, Architect, gave a brief presentation on the modernization of S.D. Spady Elementary School and noted that they will be maintaining the operation of the existing school while the new construction takes place. Mayor Perlman stated he is anxious to see the completion and asked if the capacity of the school is changing in terms of student stations. Mr. Jose Murguido stated there are 620 student stations currently there now and there will be 640 student stations. Mayor Perlman asked when the facility is expected to open. Mr. Murguido stated the facility is scheduled to open in August 2005. 7.B. City of Delray Beach Residents' Academy Certificates - Janet Meeks Lula Butler, Director of Community Improvement, thanked Mayor Perlman and the City Commission for their support of the Residents' Academy and publicly thanked the Department Head peers. Janet Meeks, Education Coordinator, stated this group was very consistent with its attendance. Mayor Perlman and Janet Meeks presented certificates to the following participants from the Residents' Academy program: -2- 04/20/04 · Elizabeth Butler · Robert Jolly · Cory Cassidy · Susan Maloney · Richard Donahue · Celeste McDonough · Fred Fetzer · David Pluemer · Patricia Flowers · Linda Prior · Philip Friedman · Lillie Roberts · Judy Griffith · Linda Schneider · Ernestine Holliday · Christel Silver · Jan Kucera · Maureen Turner · Carolanne Kucmerowski · Paula Welker · Susan Litchfield · Patricia Westall · Alexander Jenkins · Robert Victorin 7oCo Preliminary Site Plan for Catherine Strong Center - Joe Weldon Joe Weldon, Director of Parks and Recreation, stated the groundbreaking for the Catherine Strong Center is going to take place on May 6, 2004, and it will be a 2,100 square foot building and will contain a gymnasium, computer lab, learning center, arts & crafts rooms, junior and senior game rooms, dance studio, and office space. Mr. Weldon stated in addition to the children's programs that are being offered, Mary O'Connor, Executive Director of the Boys & Girls Club, indicated she would be willing to work with the Parks and Recreation Department to make senior programs available to seniors in the area. Mr. Weldon stated with regard to the site plan, the City received input from Joe Gray from the Village Foundation, Mary O'Connor with the Boys & Girls Club, and the SW Presidents' Association. Digby Bridges, Architect with Digby Bridges & Associates, reviewed the design features of the site plan for the Catherine Strong Center and distributed handouts detailing the cost of the project. Mr. Bridges stated the approximate cost for the park including equipment is estimated at $1.9 million. Mr. Costin stated with regard to the athletic fields, he wants to ensure that the passive playfield and the walking paths are included. Mr. Bridges stated this is all inclusive under landscaping/greenery and is not broken out separately. Brief discussion followed between the Commission and Mr. Bridges. Mayor Perlman stated these are the first real amenities for the Southwest area and he feels this is very exciting. The City Manager stated he is hopeful that the City will have a construction contract awarded in September or October 2004 for this project. -3- 04/20/04 7.D. Vice Mayor McCarthy - Reco~nizin~ Journalist C. Ron Allen with the Sun-Sentinel News Vice Mayor McCarthy recognized and commended C. Ron Allen for his reporting through facts. Mr. Allen came forward to accept his recognition and stated he considers it is an honor to be recognized by his peers and the public especially the people he does business with everyday. At this point, Mr. Levinson announced Mrs. Wesley was awarded a Sun- Sentinel Community Service Award and the Commission is very pleased because she has done so much for Delray. On behalf of the Commission, Mr. Levinson thanked Mrs. Wesley for her efforts. go CONSENT AGENDA: City Manager Recommends Approval. 8.A. GRANTING OF REVISED UTILITY EASEMENT DEED/FLORIDA POWER AND LIGHT: Approve a revised utility easement granting to Florida Power and Light the means to install/maintain an underground power line on City owned property as a result of the construction of the parking garage and library. 8.B. ACCEPTANCE OF HOLD HARMLESS AGREEMENT: Approve and accept a hold harmless agreement between the City and Kurt Peterson for the installation of a fence within a public right-of-way. 8.C. BEACH PERFORMANCE MONITORING STUDY: Approve a contract between the City of Delray Beach and Coastal Planning & Engineering, Inc. in an amount not to exceed $33,404.00 for the 24-month Post-Construction Beach and Offshore Performance Monitoring Study. Funding is available from 332-0000-337-31.00 (Intergovernmental Revenue/Beach Renourishment Grant Fund). 8.D. AMENDMENT NO. 1/SURVEYING SERVICES AGREEMENT/AVIROM & ASSOCIATES, INC.: Approve Amendment No. 1 to the surveying services agreement between the City of Delray Beach and Avirom & Associates, Inc. providing for a five (5) percent increase of their hourly rates. 8.E. SPECIAL EVENT REQUEST/AVDA 5K WALK: Approve a special event request to allow the 6th Annual Aid to Victims of Domestic Abuse, Inc. (AVDA) 5K Walk/Run to be held on Saturday, October 2, 2004 from 7:30 a.m. until approximately noon, including temporary use permit per LDR Section 2.3.6(H) for the use of Anchor Park and City right-of-way along Ocean Boulevard from Casurina to George Bush Boulevard, waiver of parking meter fees, and staff support for traffic control, barricading, signage, trash pick up/removal, and set up/use of the small stage; contingent on the sponsor providing liability insurance and a hold harmless agreement. 8.F. SPECIAL EVENT REQUEST/7T}I ANNUAL DOWNTOWN DELRAY CRAFT FESTIVAL: Approve a special event request for the 7th Annual Downtown Delray Craft Festival sponsored by Howard Alan Events, Ltd. to be held May -4- 04/20/04 29 and May 30, 2004, granting a temporary use permit per LDR Section 2.4.6(H) for use of City right-of-way on Pineapple Grove Way from the north side ofN.E. 1st Street to the south side of N.E. 4th Street; and to authorize staff support for security/traffic control, waiver to allow event signage to be installed one week prior to event with event sponsor paying all overtime costs; contingent upon receipt of certificate of liability insurance. 8.G. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period April 12, 2004 through April 16, 2004. 8.H. AWARD OF BIDS AND CONTRACTS: Bid award to various vendors for the purchase of gasoline and diesel fuel via the Palm Beach County Co-op Bid #02145A at an estimated annual cost of $546,513.70. Funding is available from 445-4714-572-52.11 (Golf Course Fuel/Oil Other), 446-4714-572- 52.11 (Lakeview Fuel/Oil Other), and 501-3311-591-52.51 (Central Garage Inventory/Fuel) ( 2004-2005 Budget). Contract renewal via Vero Beach Bid #97-41 with G&K Services for uniform rental at an estimated annual cost of $55,380.00. Funding is available from various departments' operating expense budget. 8.1. PALM BEACH COUNTY AGREEMENT/DAVIS CUP: Approve an agreement with the Palm Beach County Board of County Commissioners for the reimbursement of funds to the City in an amount up to $40,000.00 for expenses incurred by the City for the Davis Cup. 8.j. AMENDMENT/TICKETMASTER L.L.C. AGREEMENT/DAVIS CUP: Approve an amendment to the Ticketmaster Agreement between the City and Ticketmaster L.L.C. to provide that all proceeds received from the Davis Cup ticket sales shall be paid directly to the United States Tennis Association (USTA) Davis Cup box office. Mrs. Archer moved to approve the Consent Agenda, seconded by Ms. McCarthy. 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. REGULAR AGENDA: 9.A. ESTABLISH PERFORMANCE MEASURES FOR GOLF COURSES AND TENNIS FACILITIES: Consider approval of proposed performance measures for FY 2003-2004 for the Municipal Golf Course, Lakeview Golf Course, and Tennis facilities. -5- 04/20/04 Mr. Levinson suggested that the City have a Request for Proposal (RFP) for this contract upon expiration and stated he would like to see last year's marketing plan. employees. Prior to the vote, Mrs. Archer stated she does not feel this is fair to the Mayor Perlman asked what the impact would be if this motion passes. The City Manager stated this would delay the performance measures for the year and could eventually mean a zero bonus. Mr. Costin concurred with comments expressed by Mr. Levinson and stated a marketing plan helps to see what the ultimate potential may be with the facilities. Mr. Levinson stated the risk is the City's and he wants to be reassured that the risk is being managed. Mrs. Archer stated she concurs with Mr. Levinson's point about the risk. Mayor Perlman stated he is very pleased with the golf operations of what he sees. However, he stated he is distressed over the Delray Swim and Tennis Club. Mayor Perlman stated there is a lot of potential that has not yet been explored. As a matter of public policy, he stated it makes sense that whether the Commission is ecstatic or unhappy, to have competitive bids at the end of anything. Mr. Levinson moved to table this issue and advise Dubin and Associates, Inc. to provide a marketing plan as called for in the contract, 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. 9.B. CONTRACT AWARDS/PROFESSIONAL CONSULTING SERVICES: Consider approval of contract awards for professional consulting services to Kimley-Horn, Inc., CH2M Hill, Tetra Tech, Inc., Robert Walters Architects, Inc., and Robert G. Currie Partnership for design of parks improvement projects funded by the Parks & Recreation Bond Program. Richard Hasko, Director of Environmental Services, presented this item and explained fourteen (14) responses were received and reviewed by an eight member Request for Qualifications (RFQ) Review Committee. The Committee met in a public forum on March 17, 2004 for review of the process and criteria used for rating as it relates to specific projects. Staff recommends approval of contract awards for professional consulting services to Kimley-Horn, Inc., CH2M Hill, Tetra Tech, Inc., Robert Walters Architects, Inc., and Robert G. Currie Partnership. Mr. Costin asked if an alternate firm is necessary. Mr. Hasko stated he -6- 04/20/04 does not foresee a problem because the reason staff is recommending the top five (5) consulting firms is to match the consultants with the amount of work as well as the different disciplines involved in the work. Mr. Hasko stated these are large consulting firms with many resources and therefore he does not have concerns regarding the workload performance. Brief discussion continued between Mr. Hasko and the Commission. Mr. Levinson moved to approve the top five (5) contract awards for professional consulting services to Kimley-Horn, Inc., CH2M Hill, Tetra Tech, Inc., Robert Walters Architects, Inc. and Robert G. Currie Partnership for design of parks improvement projects, 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. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 21-04 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending Land Development Regulations (LDR) Section 1.4.1, "Interpretation of Land Development Regulations; Subsection 2.4.3(G), "Architectural Elevations"; Subsection 4.3.3(0), "Townhouses and Townhouse Type of Development"; Subsection 4.3.4(J)(4), "Increases to Height Regulations"; and (K), "Development Standards Matrix"; Subsection 4.4.9(F), "Development Standards"; and (G)(1), "West Atlantic Avenue Overlay District Supplemental District Regulations"; Subsection 4.4.13(A), "Purpose and Intent"; and (F), "Development Standards"; and (G), "Supplemental District Regulations"; and (I), "Performance Standards"; Subsection 4.4.24(A), "Purpose and Intent"; and (F), "Development Standards"; Subsection 4.4.28(F), "Development Standards"; Subsection 4.6.4(A), "Commercial Zoning Adjacent to Residential Zoning"; Subsection 4.6.18, "Architectural Elevations and Aesthetics"; and Appendix "A", "Definitions", to implement the Downtown Delray Beach Master Plan. If passed, a second public hearing will be scheduled for May 4, 2004. Prior to consideration of passage of this Ordinance No. 21-04 on First Reading/First Public Hearing, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 21-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY AMENDING SECTION 1.4.1, "INTERPRETATION OF LAND DEVELOPMENT REGULATIONS; SUB SECTION 2.4.3 (G), "ARCHITECTURAL ELEVATIONS"; SUB SECTION 4.3.3 (O), -7- 04/20/04 "TOWNHOUSES AND TOWNHOUSE TYPE OF DEVELOPMENT"; SUB-SUBSECTION 4.3.4(J)(4), "INCREASES TO HEIGHT REGULATIONS"; SUB SECTION 4.3.4(K), "DEVELOPMENT STANDARDS MATRIX"; SUBSECTION 4.4.9(F), "DEVELOPMENT STANDARDS"; SUB-SUBSECTION 4.4.9(G)(1), "WEST ATLANTIC AVENUE OVERLAY DISTRICT SUPPLEMENTAL DISTRICT REGULATIONS"; SUBSECTION 4.4.13(A), "PURPOSE AND INTENT"; SUBSECTION 4.4.13(F), "DEVELOPMENT STANDARDS"; SUBSECTION 4.4.13 (G), "SUPPLEMENTAL DIS TRICT REGULATIONS"; SUB SECTION 4.4.13 (I), "PERFORMANCE STANDARDS"; SUBSECTION 4.4.24(A), "PURPOSE AND INTENT"; SUBSECTION 4.4.24(F), "DEVELOPMENT STANDARDS"; SUBSECTION 4.4.28(F), "DEVELOPMENT STANDARD S"; SUB SECTION 4.6.4(A), "COMMERCIAL ZONING ADJACENT TO RESIDENTIAL ZONING"; SUB SECTION 4.6.18, "ARCHITECTURAL ELEVATIONS AND AESTHETICS"; AND APPENDIX "A", "DEFINITIONS", TO IMPLEMENT THE DOWNTOWN DELRAY BEACH MASTER PLAN; TO MITIGATE MASS/SCALE AND UNIFORM MONOLITHIC APPEARANCE OF LARGE BUILDINGS; AND TO PROVIDE THAT THE ARCHITECTURAL COMPOSITION OF NEW DEVELOPMENTS INCORPORATE ARCHITECTURAL FEATURES THAT PROVIDE VISUAL INTEREST, WHILE ALLOWING DESIGN FLEXIBILITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 21-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Perlman declared the public hearing open. Bob Currie, Architect, stated this is a good ordinance and he urged the Commission to support it. -8- 04/20/04 There being no one else who wished to address the Commission regarding Ordinance No. 21-04, the public hearing was closed. Mrs. Archer stated this has been a long time coming and stated the CRA and the consultant has done an excellent job. Mr. Costin stated this is the vision for the future and he is particularly pleased with the work of the CRA and everyone who worked with the CRA. He stated Thuy Shut has been the lead person from the CRA and the Commission appreciates her hard work and efforts. Thuy Shutt, representing the CRA, thanked the public, City staff, and Jaime Correa (consultant). Mr. Levinson commented about placing the LDR's on the City's website so that people could have access via the City's website particularly because of this change. Paul Dorling, Director of Planning and Zoning, stated he will be submitting a cost estimate in this year's budget for approval. Mayor Perlman stated when staff endeavored to do the Downtown Master Plan they envisioned a plan that would ensure to keep the scale, charm, quaintness, and uniqueness. He feels this was an extremely important task and thanked everyone involved. Mrs. Archer moved to adopt Ordinance No. 21-04 on First Reading/First Public Hearing, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 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. ll.A. City Manager's response to prior public comments and inquiries. The City Manager had no response to prior public comments and inquires. 11.B. From the Public. ll.B.1. Maureen Turner~ 1012 Del Harbour Drive~ Delray Beach~ expressed concern over the Linton Bridge noise and stated the decibel levels are extremely larger than allowed by law. She stated the residents in her neighborhood want to be able to sleep and enjoy their homes on the Intracoastal. She urged the Commission to assist the residents with this noise and in her opinion feels Linton Boulevard is the major access point into the City for people who wish to drive directly to the beach. Mayor Perlman explained to Mrs. Turner that the solution will have to come from the County but he feels the Commission could advocate on behalf of the -9- 04/20/04 residents and perhaps find an alternative to the multi-million dollar repairs that the County has estimated on this. Mayor Perlman suggested that the Engineering staff provide some information (i.e. alternative buffer) to the Commission, and then he can take that information and present it to the County Commission. Mrs. Archer suggested following Boca Raton's lead (i.e. a problem with the Spanish River Bridge) in making changes and improvements to the bridge. She also suggested that the City make a request to the Metropolitan Planning Organization (MPO) to share some of the expenses and look into what can be worked out and see if this issue can be placed on the County's agenda. Mrs. Archer stated she will obtain some information for the Mayor. ll.B.2. Terrence Rothmam (homeless)~ read into the record a statement regarding the separation of Church and State and stated in the past the Delray Beach Police Department has in his opinion unlawfully and unconstitutionally overstepped its jurisdiction by entering local Church property to prohibit ethical moral decision finding. Agenda. At this point, the Commission moved to Item 9.C. of the Regular 9.C. PARKS BOND PROJECTS STATUS REPORT: Review status of Parks and Recreation Bond Issue projects. The City Manager briefly reviewed the status report of the Parks and Recreation Bond Issue Project prepared by staff. The City Manager stated Mayor Perlman had expressed some concern about making sure staff addresses the needs of seniors and explained there will be three different groups: (1) a Senior Focus Group, (2) staff from the Mae Volen Center, and (3) the Homeowners' Association Presidents west of 1-95 including many retirement communities. Therefore, these three groups will all have input with regard to the program design of the western community center. With regard to the Old School Square improvements, the City Manager added the point that the Commission adopted a resolution on March 16, 2004, authorizing eminent domain if necessary to acquire these properties. The City Manager stated he had a conference call this afternoon with Lisa King trying to figure out how to structure this agreement so that the City can get the maximum potential from the Florida Communities Trust grant. The City Manager stated there may need to be some changes made to this and therefore suggested to table this agreement to the City Commission meeting of May 4, 2004. Mr. Levinson stated the Soccer League would very much like to be involved in the programming at the park. He stated with regard to what is being done with the senior groups in the western communities that the City also do the same for the Soccer League. In addition, Mr. Levinson stated at the same time the City is doing something at the school and the soccer field, the County is potentially discussing enhancing the Aqua Crest Pool. -10- 04/20/04 Mayor Perlman stated there is a similar project in Riviera Beach in Commissioner Greene's District and commented it is incredible. Ms. McCarthy stated with regard to the Senior Focus Group, she would like to ensure that this group will be City-wide and not just oriented west of 1-95. On the west side of 1-95, Ms. McCarthy stated there are several complexes that were built with government money for age 55 and older so the amenities are in place for the senior citizens to gracefully move into. Ms. McCarthy stated many senior citizens will sell their home that they raised their family in and are now looking for an easier lifestyle and often they take those dollars and reinvest in a condominium. Ms. McCarthy stated she would like to be reassured that the senior citizens from those areas who are doing that type of transition have some input as well. The City Manager stated he anticipates this will be a City-wide group because seniors are living throughout the City and he would like to be sure everyone in the community is included. Joe Weldon, Director of Parks and Recreation, stated he will make sure this is done. Secondly, Ms. McCarthy commented about the usage of the Skate Park at the 505 Teen Center and asked if anyone has inquired about the need of another Skate Park. The City Manager suggested that we see how the current Skate Park works long- term and possibly in a year from now see if another Skate Park would be a necessity. Mayor Perlman stated there is a lot of excitement as a result of the Bond passing. However, he feels everyone needs to be cognizant of the progress that the City is making. Mayor Perlman suggested that staff provide an updated list on the City's website or provide hand-out materials throughout the parks in the City because he feels this would be very helpful. In addition, Mayor Perlman suggested that as the City begins to construct and purchase things, that staff designs a sign which reads "Your Bond Issue at Work" so that people can see that their money is at work and know they were part of the planning of it through the Parks Master Plan. Mr. Levinson suggested that a page in the Parks and Recreation brochure be dedicated with some of the highlights for projects over the next six months. Mrs. Archer concurred with comments expressed by Mr. Levinson and suggested that the proposed completion dates also be printed in the brochure. 9oDo INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/EXPANSION OF OLD SCHOOL SQUARE: Consider approval of an interlocal agreement between the City and the Community Redevelopment Agency (CRA) for the expansion of Old School Square to include land acquisition, parking garage, and the downtown park. Mr. Levinson moved to table the Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) for the expansion of Old School Square to the May 4, 2004 City Commission meeting, 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. -11- 04/20/04 9.E. CONSULTING AGREEMENT/TETRA TECH WHS: Consider approval of a consulting agreement between the City and Tetra Tech WI-tS in an amount of $16,600.00 for a needs and priorities assessment for the Western Community Center and Pompey Park expansion projects funded by the Parks & Recreation Bond Program. Funding is available from 380-4150-572-62.58 (2004 Parks and Recreation Bond Construction Fund). Richard Hasko, Director of Environmental Services, stated this agreement with Tetra Tech WHS is in the amount of $16,600 and the scope of services is essentially to perform a needs assessment for the proposed Western Community Center and the facility expansion at Pompey Park. Mr. Costin moved to approve the consulting agreement between the City and Tetra Tech WHS in an amount of $16,600 for a needs and priorities assessment for the Western Community Center and Pompey Park expansion components projects, seconded by Mr. Levinson. 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.F. AMENDMENT NO. 2 TO THE SOLID WASTE FRANCHISE AGREEMENT/SETTLEMENT OF LAWSUIT WITH SOUTHERN WASTE SYSTEMS: Consider approval of Amendment No. 2 to the Solid Waste Franchise Agreement with Waste Management, Inc. of Florida (WM) to provide that WM may subcontract a portion of the construction and demolition (C&D) roll off business to Southern Waste Systems (SWS); and provides that WM shall indemnify, defend, and hold harmless the City from any other claims challenging the City's rights to franchise C&D during the term of the agreement, and approve settlement of the lawsuit. The City Attorney stated this is an agreement and a settlement of a lawsuit. Brian Shutt, Assistant City Attorney, stated Amendment No. 2 allows Waste Management to subcontract out a portion of the construction and demolition debris roll off collection to Southern Waste Systems (SWS). In addition, Mr. Shutt stated it also provides that if the City is sued by another waste hauler Waste Management will defend and indemnify the City. Also, Mr. Shutt stated currently the City ordinance has a maximum dollar amount that may be charged for each "pull" of the roll off container. This maximum amount does not include the disposal charge. Waste Management has proposed that a majority of their customers as well as SWS customers prefer a set dollar amount for each "pull" that includes the disposal charge. This amendment provides that the City shall amend its ordinances to provide for a maximum charge to the customer inclusive of the disposal charge. Mr. Levinson asked if the fee is set in the ordinance will staff have to come back periodically and change the fee in the ordinance. The City Attorney stated the agreement states "if we concur" and explained the City is not mandated to do this unless -12- 04/20/04 we also agree with them that it should be done. Brief discussion followed between the Commission and the City Attorney. With regard to the roll off containers, Mr. Costin asked if this would preclude anyone else from coming in the City and providing that service. Mr. Shutt stated no other roll-off containers for construction and demolition debris will be allowed in the City. Mr. Costin stated he would not want to see inflated rates to those users that need the service. Mr. Shutt stated the rate will be set by ordinance. Mr. Levinson moved to approve Amendment No. 2 to the Solid Waste Franchise Agreement with Waste Management, Inc. of Florida (WM) subject to the appropriate releases and execution of the agreement; and, approval of the settlement with Southern Waste Systems, seconded by Mr. Costin. 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. 9oG. DELRAY BEACH HOUSINIG AUTHORITY/CARVER ESTATES {ADDENDUM): Consider approval of a letter, to be signed by Mayor Perlman, to the Delray Beach Housing authority supporting their efforts to obtain federal funds for dealing with the structural deficiencies at Carver Estates. The City Manager stated he had a meeting with Dorothy Ellington regarding the Delray Beach Housing Authority and the efforts they are making to secure funding to repair the problems with the existing buildings or replace the buildings. The Delray Beach Housing Authority has requested that the City send a letter in support of those efforts. The City Manager stated staff is planning to schedule a joint meeting between the Commission and the Delray Beach Housing Authority Board at the Workshop meeting on May 11, 2004. Mr. Levinson thanked and commended Dorothy Ellington for her efforts. Mayor Perlman stated this is a chance to be progressive on this issue and he is looking forward to getting this underway. Mr. Levinson moved to approve to authorize the Mayor to sign the letter to the Delray Beach Housing Authority supporting their efforts, 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. After the vote, the City Manager stated the City will look at what can be done both coming to the site and on the site to correct the drainage problems. Mr. Levinson stated Joe Gray is working diligently on the SW Plan and suggested that the City include him in this effort to make sure that anything that can be -13- 04/20/04 done in relationship to the SW Plan is done at the same time. The City Manager stated the best solution would be to demolish the buildings and build a new development on the entire property. He stated this would be a mixed low and low/moderate income rather than being an enclave of very low income. In addition, the City would use Section 8 vouchers to help the current residents find suitable housing while this is taking place. 12. FIRST READINGS: 12.A. ORDINANCE NO. 27-04: An ordinance amending Chapter 35, "Employees Policies and Benefits", Subheading "Retirement Plans", of the City Code of Ordinances, Section 35.097, "Retirement Income; Basis Amount and Payment", to clarify the optional forms of benefit. If passed, a public hearing will be scheduled for May 4, 2004. The caption of Ordinance No. 27-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT AND PAYMENT", TO REVISE THE OPTIONAL FORMS OF BENEFIT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 27-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Costin moved to approve Ordinance No. 27-04 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 - Yes. Said motion passed with a 5 to 0 vote. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager -14- 04/20/04 The City Manager announced that he will be out of town on April 22-23, 2004 attending the International City Management Association (ICMA) Best Practices Conference in Indianapolis. Secondly, the City Manager reported that during the Delray Affair there were no criminal incidences the entire weekend. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. 13.C.1. City Commission. Mrs. Archer Mrs. Archer commented about an article in the Sun-Sentinel News regarding the third-graders' FCAT score results for the schools in Palm Beach County. Secondly, Mrs. Archer stated she had the opportunity to attend the Sister Cities Artist competition and commented there are some very talented people in Delray Beach. She announced that the Delray Beach Sister Cities Safari Dinner will be held April 23, 2004 and she looks forward to seeing everyone there. Lastly, Mrs. Archer stated on Friday at the Delray Affair she sold $650 worth of hot dogs in 2 hours and 15 minutes. 13.C.2. Commissioner Costin Mr. Costin stated the Delray Affair was great and commented that all the vendors were doing business. He feels evaluating the City's needs for the Delray Affair was a good move. Secondly, Mr. Costin stated he went to St. Paul's Episcopal Church regarding the NW/SW 5th Avenue Redevelopment Plan and commented that most of the residents accepted it wholeheartedly. He stated he had the opportunity to speak with a Post Office employee who indicated that the Post Office will not be there much longer and inquired how the citizens will be serviced with postal service. Mr. Costin stated he feels we need to be cognitive to the needs of the citizens. The City Manager stated there was a rumor approximately a month ago regarding this issue and the Post Office officials in Atlanta indicated this is not correct. -15- 04/20/04 Randy Welker, Economic Development Coordinator, stated the information that is coming from the Orlando office is that they are going month-to- month. Mr. Welker stated the Post Office is going to be moving the delivery service because of the parking issues. At this time, Mr. Welker stated there is no definitive answer he can provide to the Commission. 13.C.3. Commissioner McCarthy Ms. McCarthy stated Florida Memorial College Steel Band performed at Old School Square on Saturday, April 17, 2004. Secondly, Ms. McCarthy stated the attendance for the Delray Affair was wonderful. She commented that the workers who were removing the debris after the Delray Affair was over had very positive attitudes. Ms. McCarthy stated she noticed the workers take great pride in keeping the City clean and she would like everyone to be aware of this. In addition, Ms. McCarthy stated she had the opportunity to attend the Opening for the Delray Affair which was held at Crane's Beach House and she was chosen to unveil the original painting for the Delray Affair poster for 2004. 13.C.4. Commissioner Levinson With regard to the TED Center Board, Mr. Levinson asked for a list of names of companies that they have currently helped and helped in the past. Mr. Levinson stated the TED Center needs to get geared up to fill the businesses in the NW/SW 5th Avenue core area. Secondly, Mr. Levinson stated he read a great article in the Sun-Sentinel News entitled "Radio is Number One News Source among Haitians" and noted that Vice Mayor McCarthy has asked that we review the possibility of going back on Haitian radio. Mr. Levinson feels this is the best way to communicate with this segment of the City. He thanked the Code Enforcement staff for their work with regard to helping control the handbill violators. Mr. Levinson extended kudos to Leonard Mitchell, Chairman of the Village Foundation Board, for taking the courage to file a Police report against the $800 in spending that was allegedly pilfered from the association. Mr. Levinson commented about the newspaper article in the Sun-Sentinel News and stated this brings credibility to the organization. He stated the Florida League of Cities currently has a new awards program whereas Delray Beach has three finalists: (1) Delray Beach for Florida City of Excellence (2) Jeff Perlman for Mayor of the Year, and (3) Lula Butler for Employee of the Year. -16- 04/20/04 13.C.5. Mayor Perlman Mayor Perlman thanked Lula Butler, Director of Community Improvement, for her assistance with the Mayor's meetings recently held around the community. He stated Ms. Butler does a good job of obtaining a good mix of residents and he truly appreciates her help. Secondly, Mayor Perlman stated the Delray Affair was extremely successful this year and commented that there are many changes occurring in the downtown with development and construction. He commented about the Atlantic Plaza allowing booths to be placed there during the Delray Affair. Mayor Perlman stated when speaking in terms of allowing the booths at the Atlantic Plaza it also affects Veteran's Park. Mayor Perlman stated this is a signature event for the City and therefore the City has a vested interest. Mayor Perlman suggested looking at some of the issues with the merchants and into the future of the Delray Affair. He stated Detective Michael Miller received an award and was selected as the 2004 Officer of the Year for Victim Services. In addition, he stated Detective Whatley and Officer Coleman were recognized by The Palm Beach Post as Distinguished Law Enforcement Officer's and suggested that these three individuals be formally recognized at a Commission meeting in the near future. With regard to the "Strong Mayor" issue with the Palm Beach County League of Cities, Mayor Perlman suggested that the City Commission entertain a position as a City Commission. He stated the League of Cities Board of Directors is opposing the "Strong Mayor" position. Mayor Perlman suggested that the Commission place this item on a future agenda or they may want to individually take a position. The City Manager stated at the next League general membership meeting they are going to have spokespersons there for both sides of the issue. It was the consensus of the Commission to place this item on the May 11, 2004 Workshop meeting. Lastly, Mayor Perlman announced that Lyle Sumek will be in town on May 3, 2004 and reminded the Commission to submit their lists to Delores Rangel, Administrative Assistant, for the Leadership Summit. There being no further business, Mayor Perlman declared the meeting adjourned at 8:25 p.m. City Clerk -17- 04/20/04 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 April 20, 2004, which Minutes were formally approved and adopted by the City Commission on l~_ay 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. -18- 04/20/04