04-11-06 SPECIAL-WORKSHOP
SPECIAL MEETING/WORKSHOP
APRIL 11, 2006
A Special Meeting/Workshop of the City Commission of the City of Delray Beach, Florida, was
called to order by Mayor Jeff Perlman in the First Floor Conference Room at City Hall at 6:00 p.m.,
on Tuesday, April 11, 2006.
Roll call showed:
Present - Commissioner Rita Ellis
Commissioner Fred B. Fetzer
Commissioner Jon Levinson
Commissioner Brenda B. Montague
Mayor Jeff Perlman
Also present were - David T. Harden, City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, City Clerk
Mayor Perlman called the meeting to order and announced that it had been called for the purpose of
considering the following items:
SPECIAL MEETING AGENDA
1.ROAD CROSSING AGREEMENTS/FLORIDA EAST COAST RAILWAY (FEC):
Consider a request from the Florida East Coast Railway (FEC) for the City to execute
revised agreements prior to FEC reconstructing the road crossings for the one-way pairs
conversion.
Susan Ruby, City Attorney provided background information concerning Florida East Coast
stst
(FEC) Railway agreements for the road crossings located at SE 1 and NE 1 Streets. A
recent Supreme Court decision has impacted the City’s indemnification clauses in all the
City’s contracts. This clause imposes a serious impact to cities. There has been an attempt
to have the FEC modify their indemnification language, somewhat, so that the FEC does
not require the City to indemnify and defend FEC for all claims or lawsuits that may be
brought against FEC as a result of the crossing, including such claims and lawsuits that result
from the negligence of FEC. There would be no cap on the amount of money involved. The
FEC will not change the paragraph.
Mayor Perlman does not feel the City can responsibly sign an agreement with this indemnity
clause in it. Other cities are also in the same situation.
The agreements have to be signed before the city could proceed with reconstruction of the
road crossings.
The consensus of the Commission was to delay a decision until Commissioner Levinson,
and the City Attorney, could speak with the Chairman of the Board of FEC on Friday, April
14, 2006.
2.CONTRACT AWARD/NUTTING ENVIRONMENTAL OF FLORIDA,
INC./OLD SCHOOL SQUARE PARK: Approve a contract award to Nutting
Environmental of Florida, Inc. in the amount of $15,240.00 for a Phase II Environmental
Property Assessment at the proposed Old School Square Park site. Funding is available
from 380-4150-572-63.29 (2004 G.O. Bond/Parks & Recreation/Old School Square).
Richard Hasko, Environmental Services Director presented background information on the
scope of services of the Phase II Environmental Assessment at the proposed Old School
Square Park site. The scope includes a geophysical survey for physically locating any
underground tanks, and associated testing by taking soil and ground water samplings. The
process will require thirty (30) soil borings for testing and four (4) monitoring wells for
sampling.
Commissioner Fetzer moved to approve the contract award to Nutting Environmental of
Florida, Inc., seconded by Mrs. Ellis. Upon roll call, the Commission voted as follows: Mr.
Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; and Mrs. Ellis
- Yes. Said motion passed 5-0.
It was the consensus of the Commission to proceed with the RFP for the design of the Old
School Square Park.
3.AMENDMENT NO. 1/IMAGE SPORTS MANAGEMENT, INC.
AGREEMENT/NATIONAL INDOOR FOOTBALL LEAGUE (NIFL): Approve
Amendment No. 1 to the agreement with Image Sports Management, Inc. to provide for the
reduction of the Tennis Stadium rental fee from $15,000.00 per game to $11,000.00 per
game.
Brian Shutt, Assistant City Attorney reviewed the changes in Amendment No. 1 to the
Agreement with Image Sports Management, Inc.
Mayor Perlman noted that if the issues with Image Sports Management, Inc. could not be
resolve by 5:00 p.m. Wednesday, April 12, 2006, he was not interested in pursuing the
agreement.
Mr. Levinson moved to approve Amendment No. 1 to the Image Sports Management Inc.
Agreement, seconded by Mrs. Montague. Upon roll call, the Commission voted as follows:
Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; and Mrs. Ellis – Yes; Mr.
Fetzer - Yes. Said motion passed 5-0.
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4.PURCHASE AWARD/INFORMATION STATION SPECIALISTS, INC./A.M.
RADIO STATION: Purchase award to Information Station Specialists, Inc. in the amount
of $30,785.00 as a sole source purchase for the purchase of a low-wattage A.M. Radio
Station for local area broadcasting for emergencies and other administrative purposes.
Funding is available from 001-2311-522-64.90 (General Fund/Other Machinery/
Equipment).
David T. Harden, City Manager presented background information on the purchase award
to Information Station Specialists, Inc., for the low-wattage A.M. Radio Station for local area
broadcasting for emergencies and other administrative purposes. The base station, and the
primary transmission antenna, will be installed at Fire-Rescue Headquarters. Backup
transmission can also be generated from City Hall. The system should be up and running by
June 1, 2006.
Ivan Ladizinsky, Public Information Officer reported the emergency bulletins would be
transmitted in English, Spanish and Creole.
Commissioner Ellis moved to approve the purchase award to Information Station
Specialists, Inc., A.M. Radio Station for the total amount of $30,785.00, seconded by
Commissioner Fetzer. Upon roll call, the Commission voted as follows: Mrs. Montague -
Yes; Mayor Perlman - Yes; and Mrs. Ellis – Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Said
motion passed 5-0.
Mayor Perlman adjourned the Special Meeting at 6:22 p.m.
WORKSHOP AGENDA
1.Update of Weed & Seed Project – Sharon L’Herrou
Sharon L’Herrou, Project Manager, provided a PowerPoint overview and update noting
statistics and successes of the Delray Beach Weed and Seed Program. The program is a
strategy developed by the Department of Justice (DOJ) to prevent and reduce crime and
drug abuse in high crime neighborhoods. Law Enforcement agencies and community
prosecutors “weed” out crime while social supports are “seeded” into the target
neighborhoods. Due to lack of Federal funding the Weed and Seed Board decided to
change their name to the Delray Beach Coalition for Community Renewal (CCR). The
target boundaries within the City for the program will remain the same; the North and South
boundaries are Lake Ida to Linton, and the East and West boundaries are I-95 to Swinton.
Current funding commitments will come from the Delray Beach Police Department, City of
Delray Beach, and Palm Beach County (PBC) Criminal Justice Commission.
It was the consensus of the Commission to direct Mrs. L’Herrou to return to the
Commission with a CCR progress report in approximately two (2) to three (3) months.
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2.Presentation of 2004/2005 Comprehensive Annual Financial Report – Caler, Donten,
Levine, Druker, Porter & Veil, P.A.
Scott Porter, the City Auditor from Caler, Donten, Levine, Druker, Porter & Veil, P. A.
provided a financial overview of the City of Delray Beach, Florida Comprehensive Annual
Financial Report for the fiscal year ended September 30, 2005.
It was the consensus of the Commission to approve and accept the Comprehensive Annual
Financial Report for fiscal year ended September 30, 2005.
3.Presentation of Code Enforcement – Fiscal Year 2005/2006 Goals and Objectives
Lula Butler, Community Improvement Director provided a summary of the Code
Enforcement Initiatives for the Fiscal Year 2005-06 Goals and Objectives; then introduced
Al Berg, Assistant Community Improvement Director who gave a PowerPoint presentation
and discussed the areas of zero tolerance on signs, abandoned vehicles, and also plans to
enact improved community standards. Goals for Community Improvement included Goal
#1 – a Clean City, and Goal #2 – Customer Service.
It was the consensus of the Commission that this was a well done presentation which will
promote a positive significant change in the development to move forward on community
involvement for a better quality of life throughout the City.
4.Discussion of Police and Fire Pension Board Certification Pay Issue
David T. Harden, City Manager reported that during the January 10, 2006 City Commission
meeting the City Commission directed staff to have our actuaries determine the cost of the
certification pay in the pension calculations for all members of the Police and Fire Pension
Plans who worked between 1992 and 2004. This change had been directed by the Pension
Board through a third party administrator and not the City’s Finance Department. If the
change is allowed to be implemented, the City’s accrued liability will increase our unfunded
liability by approximately $573,000 and the City’s required annual contribution to the Police
and Fire Pension Plan will increase by approximately $37,000.
It was the consensus of the Commission for the City Attorney to direct the Pension Lawyer
to draft a letter to the Pension Board Administrator concerning all outstanding issues and
question how the plan is being administered.
5.Discussion of Workforce Housing/Community Land Trust (CLT)
Susan Ruby, City Attorney provided background information on several potential changes to
the Workforce Housing Ordinances. The first proposed ordinance revision would give the
density bonus for “for sale” units to rental units. The second revision would provide new
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language which would state that workforce units financed by the Florida Housing Finance
Corporation's Housing Credit or SAIL Programs will not need to be proportioned as long as
the workforce "for sale" units equals 20% of the "for sale" units. The third item concerns
whether the ordinance should include provisions so that the Community Land Trust (CLl)
receives rights of first refusal on workforce housing units developed on non-CLT owned
lands.
It was the consensus of the Commission to leave language in the proposed Workforce
Housing Ordinances as it is.
6. Review Draft of WiFi Services Request for Proposal
It was the consensus of the Commission that the best way to handle a Request for Proposal
for companies interested in constructing a wifi umbrella over the downtown area, would be,
in lieu of soliciting proposals, for the Commission to consider an Invitation to Negotiate
(lTN) process. The ITN would allow greater range of ideas, regarding how to provide for
wifi service, than does the City's traditional RFP process.
It was the consensus of the Commission to direct the City Attorney to draft an ordinance
change to provide for use of the ITN process.
Mayor Perlman adjourned the Workshop Meeting at 8:39 p.m.
~~_~~~. \J~
City Clerk
ATIES~ l tA..
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Special Meeting of the City Commission held on Tuesday,
April 11, 2006, which Minutes were formally approved and adopted by the City Commission on
April 18, 2006
~~~.~
City Clerk
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April 11, 2006
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 amendments, additions or deletions to
the Minutes as set forth above.
April 11, 2006
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