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08-17-04 MinutesAUGUST 17, 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, August 17, 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 Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Brian Shutt, Assistant City Attorney Terrill Pyburn, Assistant City Attorney Chevelle D. Nubin, Acting City Clerk 2_ The opening prayer was delivered by Reverend Juanita Bryant with the Delray Beach Clergy Association. o given. The Pledge of Allegiance to the flag of the United States of America was o AGENDA APPROVAL. Mayor Perlman noted the addition of Item 8.K., Citrix License Renewal and Purchase, to the Consent Agenda by addendum. Also, he noted the addition of Item 9.H., Bexle¥ Park to the Regular Agenda by addendum. In addition, staff requests that Item 12.A., Ordinance No. 52-04 be removed from the Agenda. The City Attorney requested to amend the caption of Item 9.H., Bexle¥ Park to read "status and resolution of outstanding matter regarding Bexley Park." Mr. Levinson 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. 5. APPROVAL OF MINUTES: Mrs. Archer stated at the meeting of August 3, 2004, she had no comments for Item 13.C. (Commission Comments) and noted this wording was inadvertently left out. Mr. Costin moved to approve the Minutes of the Regular Meeting of August 3, 2004, as amended, 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. Mrs. Archer moved to approve the Minutes of the Special Meeting of August 10, 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; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. o PROCLAMATIONS: 6oAo Prostate Cancer Awareness Month - September 2004 Mayor Perlman noted a proclamation hereby proclaiming September 2004 as Prostate Cancer Awareness Month in Delray Beach, Florida. He noted this proclamation will be mailed. 6ogo Sickle Cell Awareness Month - September 2004 Mayor Perlman read and presented a proclamation hereby proclaiming the month of September 2004 as Sickle Cell Awareness Month. Yvette Coursey, Executive Director, came forward to accept the proclamation. Yvette Coursey, Executive Director of the Sickle Cell Foundation of Palm Beach County, Inc., thanked the City of Delray Beach for its support and stated there is a satellite office in Delray Beach. Ms. Coursey stated there will be a "Walk of Support" on September 4, 2004 in West Palm Beach at Gaines Park. ° PRESENTATIONS: 7.A. Crisis Intervention Team Officer of the Year~ Sergeant Thomas Matava - Jeff Lestom South County Mental Health Center Jeff Leston, South County Mental Health Center, stated in 2001 the Palm Beach County Criminal Justice Commission and its Committee started looking at programs to divert mentally ill clients from the criminal justice system because there were too many mentally ill people in the Palm Beach County jail. Crisis Intervention Team (CIT) is a program that was developed in Memphis, Tennessee as a result of a fatal shooting by Police of a mentally ill person. The Program consists of forty hours of training that prepares law enforcement officers to be specialists when dealing with -2- 08/17/04 emotionally or psychiatrically disturbed persons. The goal of the Program is to divert mentally ill individuals from the criminal justice commission and for them to get treatment in the most appropriate setting. Mr. Leston stated Sergeant Thomas Matava of the Delray Beach Police Department has been selected as the South Palm Beach County Crisis Intervention Team (CIT) Officer of the Year. Sergeant Thomas Matava, Delray Beach Police Department, came forward to accept the award and thanked everyone for this recognition. 7.B. Government Finance Officer's Association - Distinguished Budget Presentation Award Joseph Safford, Director of Finance, stated the award is given by the Government Finance Officer's Association which is a national association of the United States and Canada. He stated this is the 18th consecutive year the Finance Department has received the award and has also received a special recognition for Performance Measures. He stated the budget process is a very challenging task and was a one-person job but is now a two-person job. Mr. Safford recognized and commended Lisa Herrmann, Budget Analyst, who handled the budget last year in addition to the entire Finance Department staff for their excellent work in helping to receive the award for the 18th consecutive year. 7oCo School "Spotlight on Education" - Kathy Weigel~ Principal of Atlantic High Janet Meeks, Education Coordinator, stated for the benefit of the public she announced the Community Input Meetings regarding the Atlantic High School boundaries will be held on September 2, 2004 at 6:30 p.m. in the auditorium. In addition, she stated there will be several similar meetings throughout the fall. Kathy Weigel, Principal of Atlantic High School, gave a brief overview of the status of the construction for the new Atlantic High School. She stated the school will house approximately 2,500 students and the current enrollment where the school is now located is 2,000 students. Ms. Weigel stated there will be a Construction Academy and a Business and Finance Academy and her hope is to take the Business and Finance Academy and make them the business part of the construction magnet. She stated 107 students took the International Baccalaureate (lB) Program exam and 90% of them passed with the advanced placement. Approximately 397 students took 835 tests and 70% or more passed those exams. Ms. Weigel stated this year they are going to begin with a program called the "Cambridge Schools" which will be for the vocational education students. She briefly explained the Police Academy Program and stated at the completion of the Program (four years) the students can become a certified Community Service Officer. Ms. Weigel stated two of the Assistant Principals from Atlantic High School are now Principals at two other schools (Delray Full Service Center and Boynton Beach High School). She stated the administrators are spreading their knowledge to other students and she feels this is a huge tribute to the community and the school. -3- 08/17/04 7.9. Presentation Brief discussion between the Commission and Ms. Weigel followed. Children's Case Management Organization {CCMO) Agency Julie Swindler, LCSW, Executive Director of the Children's Case Management Organization, Inc. (CCMO) expressed appreciation and gratitude for the City's commitment for their continued presence at Village Academy with the Beacon Project. She stated the CCMO has a wonderful working relationship with the Community Child Care Center and are committed to continue the services to the Village Academy children and the community. Ms. Swindler briefly explained the history of the CCMO and stated their philosophy is "Families are the Experts in Raising Their Children". The Program is strength-based, home-based, and consists of non-traditional hours. She stated the CCMO began with a staff of eight and is now looking at a staff of fifty. Ms. Swindler briefly explained the six programs the CCMO offers and stated they are currently serving 29 families in the Delray Beach area. Brief discussion between the Commission and Ms. Swindler followed. CONSENT AGENDA: City Manager Recommends Approval. 8.A. GRANTING OF UTILITY EASEMENT DEEDS/LONE PINE SUBDIVISION: Approve seven (7) of the twenty six (26) utility easements required for the Lone Pine Road Water Main Project. 8.B. DELAIRE COUNTRY CLUB PROPERTY OWNERS' ASSOCIATION TRAFFIC ENFORCEMENT AGREEMENT: Approve an agreement between the City and Delaire Country Club Property Owners' Association allowing the Delray Beach Police Department to enforce local and state traffic laws on its property. 8.C. CHANGE ORDER NO. 1/FINAL PAYMENT/CUSTOM BUILT MARINE CONSTRUCTION, INC.: Approve Change Order No. 1 in the amount of $1,172.99 and final payment in the amount of $15,251.20 to Custom Build Marine Construction, Inc. for completion of the S.E. 3rd Street and N.E. 4th Street Seawall Parks and Veteran's Park Dock Replacements Projects. Funding is available from 001-4126- 572-46.90 (Parks & Recreation/Veteran's Park/Other Repair/Maintenance Costs). 8.D. THE FRIENDS OF SANDOWAY HOUSE NATURE CENTER~ INC.: Approve a request from The Friends of Sandoway House Nature Center, Inc. to grant a temporary use permit per LDR Section 2.4.6(H) for the use of the southern portion of the Sandoway Parking Lot from 8:00 a.m. on November 5, 2004 through noon on November 8, 2004, and use of the balance of the Sandoway Lot and the Ingraham Parking Lot for valet parking from 3:00 p.m. until midnight on November 6, 2004, use of the park restrooms, City generator, and staff assistance for security, barricading, clean up, and restroom services to accommodate their annual fund-raiser; contingent on the sponsor providing liability insurance and a hold harmless agreement. -4- 08/17/04 8.E. QUIET TITLE/COUNTY PARCELS: Grant authorization to Quiet Title on three (3) of the six (6) parcels acquired from Palm Beach County. 8.F. CHRIS EVERT PRO-CELEBRITY TENNIS CLASSIC: Approve an agreement between the City of Delray Beach and Chris Evert Charities, Inc. for the Chris Evert Pro-Celebrity Tennis Classic to be held at the Tennis Center on December 2-5, 2004. 8.G. CONSENT TO RELEASE COVENANT: Approve consent to release covenant on the Mariposa Development, located at 48 S.E. 1st Avenue. 8.H. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a fund subsidy for one (1) eligible applicant/family in the amount of $21,000.00 for new construction on N.W. 8th Avenue. This brings the number to 160 homeowners assisted under the Renaissance Program. Funding is available from 118-1924-554-49.20 (Home Owner Subsidy). 8.1. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period August 2, 2004 through August 13, 2004. go Jo AWARD OF BIDS AND CONTRACTS: ° Contract award to C&D Construction, Inc. in the amount of $93,218.42 for the City Marina Dock and Pier Replacement Project. Funding is available from 426-4311-575-63.90 (City Marina Fund/Repair/Maintenance/Other Improvements). Purchase award to Chemical Lime Company at an estimated annual cost of $533,000.00 via the City of Boynton Beach Co-op Bid #069-2821-04/JA for bulk quicklime for the City of Delray Beach. Funding is available from 441-5122-536-52.21 (Water/Sewer Fund/Treatment/Storage Division/Chemicals). 8.K. CITRIX LICENSE RENEWAL AND PURCHASE: Approve the renewal of forty (40) Citrix Licenses and the purchase of seventy (70) additional Citrix Licenses from Syntax, Inc. in the amount of $23,540.06 to allow the MIS Department to install and update software from a centralized point. Funding is available from 334- 6112-519-66.10 (General Construction Fund/Software). Mr. Costin moved to approve the Consent Agenda as amended, 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. -5- 08/17/04 o REGULAR AGENDA: APPEAL OF HISTORIC PRESERVATION BOARD DECISION: Consider an appeal of the Historic Preservation Board's action regarding the proposed Rooftop Lighting Program. (Quasi-Judicial Hearing) Mayor Perlman read into the record the City of Delray Beach procedures for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items. Chevelle D. Nubin, Acting City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte communications. Mr. Levinson, Ms. McCarthy, Mr. Costin, and Mrs. Archer stated they all had a conversation with Rita Ellis, Chairman of the Downtown Development Authority (DDA). Mayor Perlman stated Rita Ellis called him; however, he did not have the chance to call her back. Also, Mayor Perlman stated he was at a Joint Venture meeting last Friday in which this item was briefly discussed. Mr. Dorling stated this proposal involves the installation of Rooftop Lighting on the buildings that front on Atlantic Avenue. The Program initially includes Atlantic Avenue from Swinton Avenue east to the ocean and will eventually be expanded to include the area from 1-95 to Ocean Boulevard. At its meeting of August 4, 2004, the Historic Preservation Board (HPB) considered the Rooftop Lighting Program proposal and after discussion the Board denied the request. The Board raised concerns about the aesthetics, imposition of costs and maintenance upon the property owners, and inappropriateness of the lighting along the downtown buildings. The Board stated that the lighting was neither necessary nor cost effective and that the lighting would appear garish and gaudy. At this point, the applicant came forward: Marjorie Ferrer, Downtown Coordinator, stated Rooftop Lighting is an economic tool and is an opportunity to tie together the buildings in the downtown area. Ms. Ferrer distributed computer generated pictures of the proposed Roof Top Lighting Program and she feels this is an opportunity to take a large event in the downtown to include businesses on the Avenue that are not in the exact area (i.e. Christmas tree at Old School Square). Ms. Ferrer stated the idea came from a merchant on the Avenue (owner of the Atlantic Antique Mall) in an effort to bring people to an area through the holidays. She stated in order to promote this 70-80% of the stores have to be willing to support the Program. Ms. Ferrer stated this will be very exciting for economic development and noted the lights will be on for five weeks for five hours (a total of 175 hours for the year). The timers will be set from 5:30 p.m.-il:00 p.m. and will tie-in with the holiday festivities. In addition, she feels it will allow the opportunity for the restaurants to have early dinner reservations or in some way help promote and market the Rooftop Lighting -6- 08/17/04 Program. Mayor Perlman stated anyone from the public who wishes to speak in favor or in opposition of this item, to come forward at this time. Nancy Stewart, Chairperson for the Delray Merchant and Business Association, strongly supports the appeal of the Historic Preservation Board's decision. Carolyn Zimmerman, 212 S.W. 2nd Avenue, Delray Beach, stated this is an excellent idea and she feels it will help the merchants. Rita Ellis, 512 Andrews Avenue, Chairman of the Downtown Development Authority (DDA), stated the mission of the DDA is to make Delray Beach a destination for people to come and see the city, eat in the restaurants, shop, and walk along the Avenue. Ms. Ellis stated if people drive on Federal Highway through Delray and are able to get a glimpse of these lights it will have an impact on them and these people may take advantage of the holiday festivities. She strongly urged the Commission to approve the appeal. Mrs. Archer asked if the retail stores involved in this Program will stay open until 9:00 p.m. In response, Ms. Ferrer stated during the holiday season the galleries and the restaurants will be open until approximately 11:00 p.m. Mrs. Archer asked who will maintain the lights. Mrs. Ferrer stated the property owners are purchasing their own lights or their own electrician. Mrs. Archer asked what will happen if a particular establishment decides they would like to leave their lights up all year round. Ms. Ferrer stated on the permit there will be language that reads "holiday festivities only" or if the Commission would like the town to be lit up for some other reason then they could ask them to do it at that time. Mayor Perlman inquired as to whether this program is a voluntary program. Ms. Ferrer stated this is a voluntary program. Ms. McCarthy inquired whether or not the West Atlantic Avenue Redevelopment Coalition (WARC) has been made aware of this. Ms. Ferrer explained that Rosalind Murray is aware of the project; however, does not know if she has presented this to WARC. Ms. Ferrer stated this program should cover 1-95 to the ocean. Brief discussion by the Commission and Ms. Ferrer followed. Mr. Levinson expressed concern over the appearance of the lights and stated he does not support the appeal. He stated everyone is already driving down Atlantic Avenue to see the Christmas tree, etc. and he does not feel the City needs something else to attract someone to Atlantic Avenue. In addition, he expressed concern over the existing lighting program and feels there is nothing that will look worse than some of the lights on and some lights off. He reiterated that this will be dependent upon the property owner maintaining the lights. Mr. Levinson does not feel the lighting is -7- 08/17/04 necessary or will give the right look. He stated although this is for a short period of time he feels it will become more of an issue of maintenance and repair problems. Mrs. Archer expressed concern over the maintenance of the lights and she would like to see a coordinated effort to make sure the lights are maintained appropriately. In addition to the lighting along Atlantic Avenue, Mrs. Archer suggested outlining all the buildings around Old School Square because the site is so dark. Mrs. Archer stated she is in favor of doing a test with this Program to see how it looks and works. Ms. Ferrer stated she is waiting to hear back from a sponsor who may sponsor the entire campus of Old School Square and commented last year they placed rope lights on the palm trees to make the site more festive. Mr. Costin stated this has to be viewed as an economic stimulus for the downtown for a short period of time. He strongly supports the appeal and if it does not work then it can be addressed later. Mr. Costin stated he feels the Commission should give the Program a chance and believes Ms. Ferrer will make sure this job is done right. Mayor Perlman stated he is not averse to trying it because he feels this will add to making the downtown festive during the holiday season and emphasized he would like to see this Program extend from 1-95 to the ocean. Ms. McCarthy stated Ms. Ferrer has thought of marvelous ideas to make the downtown very viable. However, Ms. McCarthy stated at this time she does not believe this will be the magic formula to continue to create a positive economic impact. She stated there is no way to control people driving their families through downtown the same way people did years ago and would take their children to different neighborhoods to see Christmas lights. She stated this will create additional traffic and congestion and feels there are enough activities already in place during the holiday season. Ms. McCarthy stated she does not believe this will achieve what is being projected it will do and thus the reason she is not in favor of the appeal. Mr. Costin moved to approve the appeal of the Historic Preservation Board's decision, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - No; Ms. McCarthy - No. Said motion to approve the appeal passed with a 3 to 2 vote, Mr. Levinson and Ms. McCarthy dissenting. At this point, the time being 7:15 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 44-04 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending Ordinance No. 14-04, by enacting a new Subsection 4.6.7(E)(3)(e), "Ground Signs", to allow the placement of certain Ground - 8- 08/17/04 Signs in certain locations. Prior to consideration of passage of this ordinance on Second Reading/Second Public Hearing, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 44-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 14-04, BY ENACTING A NEW SUBSECTION 4.6.7(E)(3)(e), "GROUND SIGNS", TO ALLOW THE PLACEMENT OF CERTAIN GROUND SIGNS IN CERTAIN LOCATIONS; BY AMENDING APPENDIX "A" OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH TO PROVIDE FOR THE DEFINITION OF "GROUND SIGN"; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AN 1NCLUSIONARY CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 44-04 is on file in the City Clerk's office.) Mayor Perlman passed the gavel to Vice Mayor McCarthy and left the dais. 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. Terrill Pyburn, Assistant City Attorney, stated the ordinance provides that ground signs will be allowed within the CBD (Central Business District). Vice Mayor McCarthy declared the public hearing open. Ms. McCarthy stated for the benefit of the people who missed the previous hearings on this topic, there was a movement about sandwich signs and sandwich board signs and the City will not be using those for specific grand openings, this was an alternative type of signage to help businesses that did not have frontage on a main street. Mary Alford, 31 N.W. 14th Avenue, Delray Beach, inquired about the definition of ground signs. Ms. Pyburn stated ground signs are signs that will be installed on poles located in the ground and are an alternative to portable signs. The City Attorney stated the ground signs are to be used when the regular signage is obscured by being in a courtyard or arcade. In addition, Ms. Alford inquired about the placement of ground -9- 08/17/04 signs in certain locations. In response, Lula Butler, Director of Community Improvement, stated certain locations will be defined by the businesses that meet the criteria and generally there are some locations within the CBD where businesses are within a courtyard and people often times miss the business if they do not have proper identification signs. Since the sandwich signs are not allowed, the ground sign is the alternative to allow them to have some permanent signage. At this point, Mayor Perlman returned to the dais. There being no one else from the public who wished to address the Commission regarding Ordinance No. 44-04, the public hearing was closed. The City Manager stated the version of this ordinance is different from the one that he thought was attached to this item. The City Manager stated he and Lula Butler agreed to remove Item (e)(3) (Ground Signs) on Page 3 of the ordinance because they do not want to have standard designs or pre-approved designs. The City Attorney stated if the Commission approves the ordinance; it would have to be approved with the deletion of the wording for Item (e)(3) on Page 3 of the ordinance. Mr. Levinson moved to adopt Ordinance No. 44-04 on Second Reading/Second Public Hearing 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. 10.B. ORDINANCE NO. 43-04 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending Land Development Regulations (LDR) Section 4.4.9(B)(5), "General Commercial Zoning District", to provide that commercial uses are allowed in mixed-use developments in the General Commercial (GC) Zoning District if commercial uses are provided on the ground floor and occupy no less than 25% of the structure. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 43-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION 4.4.9(B), "PRINCIPAL USES AND STRUCTURES PERMITTED" TO PROVIDE THAT COMMERCIAL USES ARE ALLOWED IN MIXED-USE DEVELOPMENTS IN THE GC ZONING DISTRICT IF -10- 08/17/04 COMMERCIAL USES ARE PROVIDED ON THE GROUND FLOOR AND OCCUPY NO LESS THAN 25% OF THE STRUCTURE; PROVIDING A SAV1NG CLAUSE, A GENERAL REPEALER, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 43-04 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. Paul Dorling, Director of Planning and Zoning, stated the current regulations require that 50% of the gross floor area of a mixed-use building be devoted to commercial uses. The current provision of at least 50% of the total floor area is reasonable for a two-story structure; however, it becomes more impractical for a three or four-story structure to accommodate such minimum percentages of commercial floor area. Thus, the proposed amendment of LDR Section 4.4.9(B)(5) is to require the ground floor of a mixed-use building be devoted to commercial uses and that the ground floor equates to at least 25% of the total building square footage. At its meeting of July 19, 2004, the Planning and Zoning Board held a public hearing in conjunction with the proposed text amendment. The Board recommended approval of the proposed amendment with a vote of 6-0 (Peltzie absent), by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 1.1.6(A) and 2.4.5(M) of the Land Development Regulations. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 43-04, the public hearing was closed. Mr. Costin asked if office space is considered commercial. In response, Mr. Dorling stated office space is considered commercial. Mrs. Archer moved to adopt Ordinance No. 43-04 on Second Reading/Second Public Hearing, 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. 10.C. ORDINANCE NO. 40-04: An ordinance providing for a referendum to be held on November 2, 2004, on the question of whether the majority of the qualified voters of the City voting in the referendum special election give their consent and permission for the release of any deed restrictions and for the transfer and sale of the North 48 feet of Lot 15, Block 101 (Library), located behind the current library site at 29 -11- 08/17/04 S.E. 4th Avenue and fronting on S.E. 5th Avenue. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 40-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR A REFERENDUM OF THE QUESTION OF WHETHER THE MAJORITY OF THE QUALIFIED VOTERS OF THE CITY VOTING IN THE REFERENDUM SPECIAL ELECTION GIVE THEIR CONSENT FOR THE RELEASE OF DEED RESTRICTIONS AND ALLOWING THE TRANSFER AND SALE OF THE NORTH 48 FEET OF LOT 15, BLOCK 101, LOCATED BEH1ND THE CURRENT LIBRARY SITE AT 29 S.E. 4TH AVENUE AND FRONTING ON S.E. 5TH AVENUE IN THE CITY OF DELRAY BEACH, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A REFERENDUM ON THE ISSUE TO BE HELD ON NOVEMBER 2, 2004 AND PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 40-04 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. Marcus Gould, 24 N.W. 8th Avenue, Delray Beach (business owner), asked staff to define this ordinance. The City Attorney stated this is an ordinance that will place something on the ballot in November for people to vote on. She explained that the question is "Do you consent to the release of a deed restriction on Lot 15 located behind the current library site which would allow the sale of that property?" The City Attorney stated several months ago the voters approved a release of a similar deed restriction on the current library site. There being no one else from the public who wished to address the Commission regarding Ordinance No. 40-04, the public hearing was closed. -12- 08/17/04 Mr. Levinson moved to adopt Ordinance No. 40-04 on Second and FINAL Reading, 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. 10.CA. RESOLUTION NO. 50-04: A resolution calling for a special election to be held on November 2, 2004, to provide for a referendum on the question presented in Ordinance No. 40-04 regarding the release of deed restrictions and allowing for the transfer of the North 48 feet of Lot 15, Block 101. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The caption of Resolution No. 50-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION TO BE HELD ON NOVEMBER 2, 2004, TO PROVIDE FOR A REFERENDUM ON THE QUESTION PRESENTED IN ORDINANCE NO. 40-04 REGARDING THE RELEASE OF DEED RESTRICTIONS AND ALLOWING FOR TRANSFER OF THE NORTH 48 FEET LOT 15, BLOCK 101, LOCATED BEH1ND THE CURRENT LIBRARY SITE AT 29 S.E. 4TH AVENUE AND FRONTING ON S.E. 5TH AVENUE, PROVIDING FOR THE TIME, MANNER AND MEANS OF HOLDING SAID ELECTION, PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Resolution No. 50-04 is on file in the City Clerk's office.) The City Attorney stated this resolution calls for the Special Election to be held pursuant to ordinance requirements. Mr. Levinson moved to approve Resolution No. 50-04, 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. 10.D. ORDINANCE NO. 41-04: An ordinance providing for a referendum to be held on November 2, 2004, on the question of whether the majority of the qualified voters of the City voting in the referendum special election give their consent and permission for the release of any deed restrictions and for the transfer and sale of part of Block 52 (Tennis Center), located on the northwest corner of N.W. lst Avenue and -13- 08/17/04 Atlantic Avenue. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 41-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR A REFERENDUM OF THE QUESTION OF WHETHER THE MAJORITY OF THE QUALIFIED VOTERS OF THE CITY VOTING IN THE REFERENDUM SPECIAL ELECTION GIVE THEIR CONSENT FOR THE RELEASE OF DEED RESTRICTIONS, AND ALLOWING THE TRANSFER AND SALE OF PART OF BLOCK 52 NOW USED FOR PARKING AND LOCATED ON THE NORTHWEST CORNER OF N.W. 1ST AVENUE AND ATLANTIC AVENUE IN THE CITY OF DELRAY BEACH, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A REFERENDUM ON THE ISSUE TO BE HELD ON NOVEMBER 2, 2004 AND PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 41-04 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. The City Attorney stated in 1990 a referendum was held on the entire Block 52 and voters voted to release all deed restrictions on Block 52 if the proceeds were used for a tennis facility. She stated the voters of the City of Delray Beach passed the referendum previously releasing the deed restriction with the caveat that the proceeds be used for a tennis facility. The City Attorney stated the City is redoing that out of the utmost fairness to the voters so the City can redistribute monies if it should be sold in the future and noted this would be only doing the part that is the parking area instead of the entire Block 52. Mayor Perlman declared the public hearing open. Jayne King, President of Progressive Residents of Delray (PROD) and speaking on behalf of PROD, P.O. Box 6543, Delray Beach, 33482, stated PROD feels that the parking area at the tennis center is public land utilized for the public good and should not be sold to a private developer for private gain. She stated PROD feels this land should remain as public land as deeded for recreational purposes especially in these times of decreasing land inventory. -14- 08/17/04 Rosetta Rolle, 301 N.W. 3rd Avenue, Delray Beach, stated she does not understand the resolution and asked what the rationale is behind selling a portion of the tennis center. Mayor Perlman stated the rationale is in support of the adopted Downtown Master Plan and the idea is to create a pedestrian oriented environment that extends west. Ms. Rolle expressed concern over the green space and there not being enough of it to take care of the citizens. Ms. Rolle feels if a building is built in front of the tennis courts it is going to take away from what the people want and will not be conducive to pedestrian travel. Ms. Rolle urged the Commission to reconsider voting on this item. Yvonne Gugel, 1 Harbourside (#4701) Drive, Delray Beach, stated 68 years ago someone had the foresight to give the land for municipal use and feels we do not know what is going to happen 68 years from now. Ms. Gugel stated if the restriction on the land is changed it is allowed to be sold and the money will be spent but the land will be gone. She urged the Commission to reconsider voting on this item. Deborah Bennett, 137 Seabreeze Avenue, Delray Beach, suggested that something be placed in front of the tennis facility that will attract people and can be a place where people can sit and rest. Carolyn Zimmerman, 212 S.W. 2nd Avenue, Delray Beach, stated she does not want to see a building placed in front of the tennis facility and would like to see the tennis facility remain. Bill Wood, President of the Chamber of Commerce, commented about the West Atlantic Avenue visioning process which took place in the early 1990's and stated one of the things that was clear about what people wanted for West Atlantic Avenue was some ability to do things that are being done on East Atlantic Avenue (i.e. creating a pedestrian environment). Mr. Wood stated the Downtown Master Plan calls for pockets of green space and areas to sit and be comfortable and agrees that these are needed in strategic places. However, Mr. Wood stated you do not want a huge City block where people walk in front of parked cars. Mr. Wood encouraged everyone to vote when this is placed on the ballot. Patricia A. Smith, N.W. 5065 3rd Street "C", Delray Beach, expressed concern over the parking areas and stated she would like to see the tennis center remain. Philip Martinetti, 2757 S. Clearbrook Circle, Delray Beach, (member of the tennis center) expressed concern over where people will park who utilize the tennis facility if the parking spaces are taken away. Mary Alford, 31 N.W. 14th Avenue, Delray Beach, stated developers are coming into Delray Beach getting whatever they want without any regard to citizens who have lived in Delray for years. Mary McOwen, 302 N.W. 18th Street, Delray Beach, stated she has lived in Delray Beach for 35 years and has been playing at the tennis center for most of those -15- 08/17/04 years. She stated the City of Delray Beach has spent millions of dollars to make a beautiful facility that the entire City is very proud of. Mrs. McOwen stated that there is not sufficient space for buildings to be erected in front of the tennis facility and expressed concern that there would be no place to park. Alice Finst, 707 Place Tavant, Delray Beach, stated in her opinion this was not well thought out and inquired as to where the City is going to buy the parking that is going to accommodate those spaces for the people who are at the tennis center and asked where will the parking be provided for the buildings. She feels some very creative things can be done with the green spaces in front of the tennis facility and commented it would carry the pathway to Atlantic Grove. Mrs. Finst urged the Commission to let staff come up with something creative at a minimum cost that would fulfill the request of the Downtown Master Plan. Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, encouraged the Commission to listen to the people and stated this is public land. He does not support the sale of the land and stated the people want Atlantic Avenue to be pedestrian friendly from 1-95 to Swinton Avenue. There being no one else from the public who wished to address the Commission regarding Ordinance No. 41-04, the public hearing was closed. Prior to the vote, Ms. McCarthy stated she understands the Downtown Master Plan is a guide and is a development of a multitude of ideas that were put forth by citizens throughout the City with ideals. Ms. McCarthy stated she is not in favor of this ordinance because she feels there are other creative ways to create a pedestrian walkway. She feels the parking is very relevant and necessary in front of the tennis center. She stated a lot of money was spent to build the beautiful tennis building that the public uses as well as the downstairs that people who are aspiring to be avid tennis players use because it is a public facility. Ms. McCarthy stated the City has things in place so citizens have input and the right to speak at this public hearing. Mayor Perlman stated the Downtown Master Plan is a guiding principal that was intended to redefine the geography of the downtown to include everything from 1-95 to the ocean and in order for that to happen, the City needs to move people out of their cars onto West Atlantic Avenue where they can walk and enjoy. He supports the Downtown Master Plan however understands it to be conceptual in nature. Brief discussion continued between Mayor Perlman and the City Attorney. Mr. Levinson moved to approve Ordinance No. 41-04 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman - No; Mr. Costin - No; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - No. Said motion failed with a 3 to 2 vote, Mayor Perlman, Mr. Costin and Ms. McCarthy dissenting. -16- 08/17/04 10.D.1. RESOLUTION NO. 51-04: A resolution calling for a special election to be held on November 2, 2004, to provide for a referendum on the question presented in Ordinance No. 41-04 regarding the release of deed restrictions and allowing for the transfer and sale of part of Block 52. Prior to consideration of passage of this resolution on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Resolution No. 51-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION TO BE HELD ON NOVEMBER 2, 2004, TO PROVIDE FOR A REFERENDUM ON THE QUESTION PRESENTED IN ORDINANCE NO. 41-04 REGARDING THE RELEASE OF DEED RESTRICTIONS AND THE TRANSFER AND SALE OF PART OF BLOCK 52, LOCATED ON THE NORTHWEST CORNER OF N.W. 1sT AVENUE AND ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED IN ORDINANCE NO. 41-04, PROVIDING FOR THE TIME, MANNER AND MEANS OF HOLDING SAID ELECTION, PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Resolution No. 51-04 is on file in the City Clerk's office.) The City Attorney stated Resolution No. 51-04 is being withdrawn. 10.E. ORDINANCE NO. 46-04: An ordinance amending Chapter 31, "City Officials and Employees", by amending Section 31.02, "Compensation of Commissioners and Mayor", to provide for salary increases for the Mayor and City Commissioners to bring salaries in line with neighboring municipalities. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 46-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 31, "CITY OFFICIALS AND EMPLOYEES", BY AMENDING SECTION 31.02, "COMPENSATION OF COMMISSIONERS AND MAYOR'', PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. -17- 08/17/04 office.) (The official copy of Ordinance No. 46-04 is on file in the City Clerk's 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. Carolyn Zimmerman, 212 S.W. 2nd Avenue, Delray Beach, supports the salary increase for the Mayor because she feels the position of Mayor is a full-time position and should be paid as such. Jayne King, representing Progressive Residents of Delray (PROD), stated PROD has agreed there should be a salary increase for the Commissioners and the Mayor. In addition, Ms. King stated PROD would like to see the positions be made full- time positions. Reverend John M. Jackson, 309 N.W. 7th Avenue, Delray Beach, concurs with comments expressed by Ms. King because the City of Delray Beach has grown significantly over the last several years. He feels the position of the Mayor should not be limited to what he has now because there are so many functions he is expected to attend and expressed support for increasing the salary of the Mayor. Jay Slavin, 2601 N.W. l0th Street, Delray Beach, commented about the comparison of salaries to other cities for the Mayor and the Commissioners listed in the Sun-Sentinel News. She feels the City of Delray Beach has a disgraceful set of salaries and strongly supports increasing the salaries for both the Mayor and the Commissioners. Bill Wood, 377 N.W. 8th Street, Delray Beach, (not representing the Chamber of Commerce) supports the City Manager form of government and does not want to see the Mayor's position made into a full-time position. However, Mr. Wood does support salary increases for both the City Commission and the Mayor. Kevin Warner, 248 Venetian Drive, Delray Beach, referenced quotes from the Sun-Sentinel News regarding the Atlantic Grove Project and Bexley Park. Mr. Warner expressed concern over the request from the Commission and the Mayor and stated he does not support the salary increases. Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, stated it has been too long between raises and suggested that there be a mechanism in place to have the salaries of the Mayor and the Commission reviewed more frequently. He stated even with the increase the rate is too low; however, he suggested that the increase be structured so that the increase is no higher than 10-15% every few years. Mr. Smith stated the City of Delray Beach is very fortunate to have the Mayor and the Commissioners. -18- 08/17/04 John Bennett, 137 Seabreeze Avenue, Delray Beach, concurs with comments expressed by Mr. Smith and stated the Commission deserves the salary increases. Rosetta Rolle, 301 N.W. 3rd Avenue, Delray Beach, concurs with comments expressed by some of the previous speakers and stated when the Commission receives more then the people will request more. Mary Alford, 31 N.W. 18th Street, Delray Beach, stated she appreciates the Mayor and the City staff because they care about people and accommodate the citizens. She stated she appreciates the responses she has received when she has a concern and feels the Mayor and Commissioners deserve a salary increase. There being no one else from the public who wished to address the Commission regarding Ordinance No. 46-04, the public hearing was closed. Mr. Costin moved to adopt Ordinance No. 46-04 on Second and FINAL Reading, seconded by Mr. Levinson. 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. 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 to response to prior public comments and inquiries. 11.B. From the Public. ll.B.1. Deborah Bennett, 137 Seabreeze Avenue, Delray Beach, stated she would like to clear up a rumor that she inherited millions. She talked briefly about democracy and the principals of social equality and respect for individuals within the community. Mrs. Bennett stated citizens have the right to know what government agencies are doing and how tax dollars are being spent. She stated some people in the city are retaliating against her husband in retribution of her lawsuit. ll.B.2. Jim Smith~ 1225 S. Ocean Boulevard~ Delray Beach~ expressed kudos to the City for the installation of a sidewalk along the east side of S.E. 7th Avenue from Atlantic Avenue to S.E. 1st Street. He feels as a result, residents will be more inclined to walk to the new restaurant and other downtown destinations. Mr. Smith stated there will be fewer cars driving around downtown which reduces the pressure on providing even more downtown parking and feels sidewalks are people friendly and improve the quality of life for everyone. Mr. Smith requested that the City plant shade trees where possible along the new sidewalk and because in his opinion there is nothing more important for pedestrians than protection from the sun and rain. He urged the Commission to consider -19- 08/17/04 and encourage building overhangs, awnings, and shade trees when planning every new sidewalk. ll.B.3. Marcus Gould, 24 N.W. 8th Avenue, Delray Beach (business owner), suggested that a Pioneer's Walk or Park be erected so that his children have a chance to see who made the city and who built it. He stated by erecting something the community can take pride in will help to rebuild the honor and the integrity of the community. ll.B.4. John Bennett, 137 Seabreeze Avenue, Delra¥ Beach, commented about the meeting last Friday morning of the Governmental Affairs Committee at the Chamber of Commerce. He stated there was a report of a threat to the well-being of Delray Beach and after analyzing the report in his opinion felt it was the mix of classic propaganda techniques. At this point, the time being 8:25 p.m., the Commission moved back to Item 9.B. of the Regular Agenda. 9.B. FUNDING REQUEST/ROOTS CULTURAL FESTIVAL, INC.: Consider a request from Ms. Elizabeth Wesley to provide funding assistance to the 27th Annual Roots Cultural Festival, Inc. for their event which was held August 6-8, 2004. Funding is available from 001-6311-572-83.01 (General Fund/Other Grants/Aid). Robert A. Barcinski, Assistant City Manager, stated the Commission requested additional information from Ms. Elizabeth Wesley for the Roots Cultural Festival, Inc. expenses. He stated the Commission should have received a debt analysis which is based on new information received on Monday. With regard to the overtime, it is based on this being one event; however, it could actually be looked at as four separate events. He stated if looking at this as four different events there would be no charge for the youth parade or the youth basketball tournament. Mr. Barcinski briefly explained the actual overtime costs and formula. Mr. Barcinski stated these are considered different events because they are being held on different days. Elizabeth Wesley, 309 Lincoln Lane, Delray Beach (Interim Executive Director for Roots Cultural Festival, Inc.), thanked the City for the many years of support and especially for the loan of City staff, the Delray Beach CDC, the Downtown Development Authority (DDA), Rita Ellis, the West Atlantic Avenue Redevelopment Coalition (WARC), and the citizens and volunteers who helped to make Roots successful. Ms. Wesley commented about an article in the newspaper which gave a negative impression of the Roots Cultural Festival and she stated the words of this article can seriously undermine the ability for Roots to get support they need to carry out the programs that have proven over the years to be a great benefit to this community. Ms. Wesley stated to this date, Roots has raised $81,763.00 for the summer days of Roots which helped to pay some of the bills and with the exception of Old School Square, it would have paid all of the bills this year. She stated $56,000.00 of the $81,763.00 came from events that Roots held themselves. Ms. Wesley stated she has been a servant of this community for 40 years and her passion is people and children. In addition, Ms. Wesley stated Roots has been instrumental in making Delray Beach the kind of city that embraces - 20 - 08/17/04 all races, all cultures, and all people. She stated Roots is not just that one weekend but is a phenomenon. Mr. Levinson stated he appreciates the time he was able to spend with Ms. Wesley yesterday discussing this issue. On behalf of the Commission, Mayor Perlman stated they do value Ms. Wesley as an individual and all she has accomplished in addition to the history and tradition of the Roots Cultural Festival (27 years). He stated Ms. Wesley has an incredible vision and feels the Festival has enormous potential. He stated collectively everyone needs to work together as a team to figure out a way to sustain Roots into the future and stated there is an agreement to help and work together. Mr. Levinson suggested discussing this with the United Way on a moving forward basis. Mr. Costin expressed concern over the balance of what would be left in the account for those activities. For the benefit of the public who were not at the Workshop meeting last Tuesday, Ms. McCarthy stated there was a lot of discussion the public was not privy to that has brought the Commission to this point so that the Commission could have some type of consensus as to the contribution that would be given to Roots. Ms. McCarthy stated if anyone would like to know about additional conversation that took place they can go back to the records and find out about additional dialogue. Ms. McCarthy stated she has been very open about this program and the good that it has done for the City of Delray Beach. After brief discussion, it was the consensus of the Commission to give direction to staff to re-calculate the overtime as four separate events. Mr. Levinson moved to approve to allocate $11,991.54 to pay outstanding balances through the Roots Classical Series this year to Old School Square, 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.C. SPECIAL EVENT REQUEST/HAITIAN CULTURAL FESTIVAL: Consider a special event request to allow the 2nd Annual Haitian Cultural Festival sponsored by the Haitian American Cultural and Historical Foundation, Inc., to be held on October 3, 2004 from 3:00 p.m. until 11:00 p.m. on the grounds of Old School Square, including a temporary use permit per LDR Section 2.3.6(H) for the use of a portion of N.E. 1st Avenue north of the grounds of Old School Square, staff assistance for traffic control/security, trash removal/clean up, event signage, EMS assistance, and barricade set up with event signage to be installed no earlier than September 24, 2004; contingent on the sponsor providing a hold harmless agreement, certificate of insurance, and payment of City costs per event policies/procedures. -21 - 08/17/04 Robert Barcinski, Assistant City Manager, stated staff received a request from the Haitian American Cultural and Historical Foundation, Inc. to hold the 2nd Annual Haitian Cultural Festival and on October 3, 2004, from 3:00 p.m. until 11:00 p.m. on the grounds of Old School Square. Also, the request includes authorizing staff support for traffic control and security, EMS assistance, trash removal, event signage, barricade set up and a temporary use permit to close a portion ofN.E. 1st Avenue. The estimated overtime costs for this event is $4,215 plus approximately $250 for signage and barricade rental. The sponsor has not presented staff with a 501(c)(3) so their costs to the City would be approximately $1,732. Staff recommends approval of the event, the temporary use permit, staff support and recommend that the signage not be installed before September 24, 2004, contingent upon the receipt of the certificate of insurance and the hold harmless agreement. p.m. Mr. Levinson stated he is pleased to see the event is going to start at 3:00 Mr. Costin moved to approve staff's recommendations, seconded by Mr. Levinson. 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.D. CONTRACT AWARD/ALMAZAN BROTHERS, INC.: Consider approval of a contract award to second lowest bidder, Almazan Brothers, Inc., in the amount of $298,409.00 for the West Atlantic Avenue and N.W. 24th Avenue Intersection Construction Project. Funding is available from 334-3162-541-53.90 (General Construction Fund/Public Works/Other Road Materials). Richard Hasko, Director of Environmental Services, stated this is a contract award for construction of the intersection improvements for the West Atlantic Avenue and the N.W. 24th Avenue Intersection Construction Project the City is obligated to develop and signalize under the agreement with the Palm Beach County School District for the Atlantic High School relocation. In addition, Mr. Hasko stated the City is going to handle some obligations under this contract with the agreement with Temple Sinai in terms of doing some parking lot access modifications. Based on past performance, project visibility, and the need to ensure timely construction completion, staff recommends the contract award to Almazan Brothers, Inc. (second lowest bidder). Ms. McCarthy stated the lowest bidder contacted her today and was not certain if the company was being presented in a negative manner. He wanted to present his company in his own perspective and seeing that he is not satisfied with the way this was presented, she is bringing this to the dais because of the commitment she made to him. Ms. McCarthy asked if there is a consensus from the Commission to allow the lowest bidder to come forward and speak. It was the consensus of the Commission to not allow the lowest bidder to make a presentation. - 22 - 08/17/04 Mr. Levinson moved to approve the contract award to Almazan Brothers, Inc. (second lowest bidder) in the amount of $298,409.00, 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. 9oto INTERLOCAL AGREEMENT/BOCA RATON/TRAINING FACILITY: Consider approval of an Interlocal agreement between the City and the City of Boca Raton in the amount of $500,000.00 for the construction of a fire and police training facility to be used by both municipalities. The City Manager stated at one time the City did most of its fire training at South Tech and since the facility is no longer available, the City is looking into other options. Palm Beach County is building a facility near the turnpike and Boca Raton is also building a facility. The City Manager stated most of the training can be done at the City of Boca Raton and it saves the City of Delray Beach from having to build something and provides a facility that is nearby. The City of Boca Raton is investing approximately $2 million for Phase ! of this facility not counting the cost of the land and drainage. The City Manager stated it is a good move for the City of Delray Beach to ensure the availability of these facilities for 12 years into the future. He stated this is a joint use facility and they will be building a Police Phase and expect to use this on a different basis. Kerry Koen, Fire Chief, stated this is something the Fire-Rescue Department has been seeking historically and is another way of bringing multiple departments together for a common purpose. Chief Koen stated fire training facilities are not only expensive but are hard to sight because of land constraints. He sees this as a long term participation and investment for the future. Ms. McCarthy stated the way the agreement reads it leads her to believe that up until a time certain the City of Delray Beach will have the ability to use this facility at a discounted price. She asked why Delray Beach cannot use this facility forever at a price that is less than others that they would be using for continuous revenue. In response, Chief Koen stated there are two different cost elements; one is the capital cost which the agreement specifically addresses to a time certain that there would not be additional costs that the City of Delray Beach would be involved with to that time and the other is the operating expense. Chief Koen stated those agreements have not been worked out between the parties and there may be additional parties participating in the operating cost agreement and the administrative process by which staff would determine the program curriculum as well as the administrative component, etc. The City of Delray Beach will participate in the cost sharing as well but it has not been resolved as to what proportion would be asked of various communities that would be sharing in the daily use. He stated as referenced that they are intended to be resolved mutually and he is confident the agreements will be beneficial to the City. Ms. McCarthy stated she wants to ensure that the City's intent is to pay its fair share and not be treated after the building is built as somebody that they are recruiting from other places in the world to come use this facility. She stated there should be dialogue and continued dialogue so that the opportunity is not - 23 - 08/17/04 lost once the Certificate of Occupancy is issued for the building. Mrs. Archer moved to approve the Interlocal Agreement between the City of Delray Beach and the City of Boca Raton in the amount of $500,000.00 for the construction of a Fire and Police training facility, 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. 9.F. MICROSOFT ENTERPRISE LICENSE AGREEMENT WITH SOFTWARE HOUSE INTERNATIONAL (SHI): Consider approval of the Microsoft Enterprise License Agreement and a payment in the amount of $168,721.79 to Software House International (SHI). Funding is available from 334-6112-519-66.10 (General Construction Fund/Software). The City Manager stated staff has come up with a way to save the City of Delray Beach $105,000 in license fees from what was previously budgeted. Staff recommends approval of the Microsoft Enterprise License Agreement in the amount of $168,721.79 to Software House International (SHI) for the annual licensing of all clients, servers, and the Content Management Web Server software. Mr. Costin moved to approve the Microsoft Enterprise License Agreement in the amount of $168,721.79 to Software House International (SHI), 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.G. PUBLIC COMMENTS/FY 2005 PROPOSED BUDGET: The City Commission will hear public comments, if any, regarding the FY 2005 Proposed Budget at this time. Marcus Gould, 24 N.W. 8th Avenue, Delray Beach, briefly discussed the suggestions for going forward with the Roots Cultural Festival and other cultural events. He stated he is very proud of the proposed budget; however, he expressed concern over the discussions regarding how to handle assisting and aiding organizations in moving forward. Mr. Gould stated with regard to the 2005 budget he would like to see resources such as rain day insurance, insisting on the use of tickets, and a turn style. He stated these are the type of resources that the City Manager would require them to use if the event was being put on by the City because he feels it makes good sense. Mr. Gould asked that the City of Delray Beach provide the intellectual resources such as training, seminars, special event training, special event planning, marketing and promotions. Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, commended the City Manager and City staff for working diligently in making difficult priority decisions required to maintain last year's total millage rate as the Mayor and the City Commission recommended. Mr. Smith suggested that the Budget Department prepare a schedule summarizing all carryover expenditures in order to know now how much extra revenue will be needed in 2006. He stated the City needs to do a better job in communicating - 24 - 08/17/04 budget information. He feels the City has both the responsibility and the duty to better inform its citizens about the budget by preparing an understandable summary reconciliation of significant variances between the current year's estimate and the proposed budget. Mr. Smith also suggested that the budget be posted on the City's website and a summary reconciliation of significant variances made available at no cost for residents who request a copy. He expressed concern over the revised budget including over $1.8 million in grants to not-for-profit organizations. Jayne King, President of Progressive Residents of Delray (PROD) and the President of the Chatelaine Homeowners' Association, stated it is a great idea to put the money in the budget for the neighborhoods. However, she feels more money should be set aside each year for the capital improvements and additional staff. She suggested that the City budget more money for neighborhood improvements so that the Plans can be implemented in a more timely fashion. She stated there are a certain number of staff personnel that are assigned to work on the elements of the Strategic Task Team Neighborhood Improvement Plans and she feels staff is burdened with the task of their regular work in addition to work for the Strategic Task Team. Ms. King reiterated that the City place more money and additional staff into the budget so that if there are those types of projects which require the same staff, the City would be able to facilitate and help the process go a little faster. Alice Finst, 707 Place Tavant, Delray Beach, stated the streets in Chatelaine need to be paved and asked that this be placed in the budget so the streets can be paved this year. 9.H. BEXLEY PARK: Status and resolution of outstanding matter regarding Bexley Park. The City Attorney stated the final resolution is that the lot premiums shall be those set forth and attached to the August 3, 2004 letter. The price of the largest home has been reduced per the same information in the August 3, 2004 letter. Wood cabinets will be installed in all kitchens in all product types as a standard feature; refrigerators will be included as a standard feature in all product types. There will be no penalty or requirement for a deposit if a purchaser decides to use another mortgage company instead ofD.R. Horton. They will offer 25 single family homes, 10 townhomes and 10 manor homes in a lot selection event for the participants of the initial City Employee and General Public Lottery who did not purchase a home. D.R. Horton will send out a letter notifying those prior participants (providing two weeks) to submit a refundable $5,000 deposit as was required previously to secure a position in the same order as the prior lot selection. The City Attorney stated if this meets with the approval of the Commission then the issues have been resolved. Mr. Levinson commended the City Attorney for the good work. Ms. McCarthy publicly thanked the City Attorney and Mayor Perlman for their assertiveness. - 25 - 08/17/04 Mrs. Archer concurs with comments expressed by Mayor Perlman and feels the City of Delray Beach has gone above and beyond its duty. Mr. Costin commended Mayor Perlman, City staff, and Commissioner Levinson for their efforts. Mr. Levinson moved to approve the resolution as outlined in the letter dated August 17, 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. 12. FIRST READINGS: 12.A. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated he attended the County Commission meeting this morning and noted that the County Commission received the recommendation from the Level of Service Committee for fire-rescue that they not go forward with a referendum on fire level of service. He stated there are still issues to be resolved and commented that the County Commission is changing the rules in the middle of the game which is creating a very unpleasant relationship. The City Manager stated the County Commission voted to go to referendum on annexation. He noted that the County Commission primarily talked about the proposed ordinance instead of the Charter Amendment. At this point, Wellington is the only city that has a problem with the ordinance. He stated the Charter Amendment gives the County blanket authority to control voluntary annexation. The City Manager stated Wellington will be the lead city on litigating this matter to try and get it thrown off the ballot and he feels the City of Delray Beach should support them. The City Manager stated there was an Executive Session of the League of Cities Board to discuss fire-rescue and annexation and the cities have agreed to stick together on these things. He stated they talked about political endorsements and candidate questionnaires and have agreed that the League should not endorse candidates. However, they do want to start sending questionnaires to County Commission candidates and publicizing their responses to those questionnaires on issues of concern to municipalities. He stated the League Golf Tournament will be held on October 20, 2004 at Ballen Isles. - 26 - 08/17/04 He shared a few photographs from this summer with the Commission. The City Manager announced his third grandchild was born yesterday and his fourth grandchild is due in March. 13.B. City Attorney The City Attorney stated the City Attorney's office has been asked to provide some legal assistance (i.e. answering telephones and legal questions) to the people in Charlotte County. She stated it is good to help the neighboring communities that may need some legal questions answered and feels this is good training if this event ever happened here. The City Attorney asked for the consensus of the Commission for approval of the City Attorney's office to participate. It was the consensus of the Commission to authorize the City Attorney to participate in providing some legal assistance to Charlotte County. 13.C. 13.C.1. City Commission Mrs. Archer Mrs. Archer stated she is pleased the City of Delray Beach is going to be able to provide some assistance to Punta Gorda and the area on the west coast affected by Hurricane Charley. She stated the City of Delray Beach will provide legal assistance, utilities employees, fire-rescue employees, and a various number of police officers. She stated it is important that the City of Delray Beach is contributing to the recovery effort of Hurricane Charley. Secondly, Mrs. Archer stated she had the opportunity to participate in the Betty Jameson Classic last Saturday. She suggested that next year there be a foursome made up of Commissioners because she feels this is important to participate in. 13.C.2. Mr. Costin Mr. Costin stated he is pleased that the City of Delray Beach is able to help the people in Punta Gorda and feels it was very tragic that they were the victims of Hurricane Charley. Secondly, Mr. Costin stated he already had a previous commitment and will not be able to attend the Budget Workshop meeting on August 31, 2004. 13.C.3. Ms. McCarthy Ms. McCarthy stated she and Commissioner Levinson attended the luncheon for Betty Jameson and they had the wonderful honor of presenting her with the proclamation. - 27 - 08/17/04 Secondly, Ms. McCarthy commented about the Third Annual Palm Beach County Black Elected Officials Gala and stated it was well attended. 13.C.4. Mr. Levinson Mr. Levinson apologized for leaving the meeting early and announced that his second daughter got a job in New York City and he has to go get her at the airport because she is on her way back. 13.C.5. Mayor Perlman Mayor Perlman stated the Palm Beach County Black Elected Officials Gala was great and commented it was well attended. Secondly, he stated Mr. Levinson's parents were honored for their philanthropy over the years. Mayor Perlman commented about the allegation that there is some sort of retribution that is happening as a result of some legal issues he is having as a private business person. He stated he does not intend to try this case in these Chambers and feels this is impertinent use of the Commissioners time. There being no further business, Mayor Perlman declared the meeting adjourned at 9:50 p.m. Acting City Clerk ATTEST: The undersigned is the Acting 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 August 17, 2004, which Minutes were formally approved and adopted by the City Commission on Sept:ember ?, 200/~ - 28 - 08/17/04 Acting 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. - 29 - 08/17/04