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06-16-09 Regular Meeting MinutesJUNE 16, .2009 A Reg~xlar Meeting of the City Commission of the City of Delray Beach, Florida, was called to order 6y Mayor Nelson S. McDuffie in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, June 16, 2009. 1. Roll call showed: Present ~ Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Mackenson Bernard Mayor Nelson S. McDuffie Absent - Commissioner Gary P. Eliopoulos Also present were - David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Dr. Gary Guerrier, Pastor with First Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor McDuffie requested that Item 8.L., Chan~e_ girder„ No. 3/West Construction Inc.,IMiller Park Improvements of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. Also, Mayor McDuffie noted the addition of Item 4.K. Resolution No. 26-09IMid-Year Bud et to the Regular Agenda by addendum. Mr. Fetzer moved to approve the Agenda as amended, seconded by Mr. Bernard. Upon roll call the Commission voted as follows; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Fetzer -Yes. Said molian passed with a d to 0 vote. 5. APPROVAL OF MINUTES: None. 0&/16/09 6. PxocLAMATIONS: 6.A. Recognizing and Commending Office Depot Foundation Mayor McDuffie read and presented a proclamation hereby recognizing and commending the Office Depot Foundation. Mary Wong came forward to accept the proclamation anal gave a few brief comments. 6.B. Parks and Recreation Month -Jul 2009 Mayan McDuffie read and presented a proclamation recognizing the month of July as Parks and Recreation month. Linda Karch and Danielle Beardsley came forward to accept the proclamation. 6.C. National Clean Beaches Week -June 29 -July 3, 2009 Mayor McDuffie read and presented a proclamation hereby proclaiming June 29-July 3, 2009 as National Clean Beaches Week. Danielle Beardsley came forward to accept the proclamation. 7.A. PRESENTATIONS: 7.A. "Relay for Life" -American Cancer Society Ingrid Bowman and Jennifer Siesel presented the Certificate o£ Recognition to Mayor McDuffie and the City of Delray Beach for all their support, help, and hard work with their Relay for Life event held in March at Atlantic Community High School. 7.B. Hero Award Presentation reco nizin Tom Elowsan and Gar Corvino Chief Williams, Fire-Rescue Departrxient, stated Mr. Thomas Maimone, a healthy 52 year old man was taking a routine 10 mile jog in the neighborhood when he collapsed beside the road in cardiac arrest. Thanks to two couples who were driving by at the time of this incident, his life was spared. The passersby called 911 and quickly started CPR. Mr. Williams stated the City of Delray Beach Fire-Rescue Paramedics arrived they were able to shock Mr. Maixnone's heart into a survivable rhythm giving him a second chance at Life. Mr. Maimone urges everyone to have their arteries checked for arterial sclerosis (building up of plaque in your arteries) and learn CPR no matter how healthy you think you are. Elliott Fish of the Sudden Cardiac Arrest Association (SCAA) (National Chapter, over 40 Chapters in the country), stated the mission of the Sudden Cardiac Arrest Association is to eliminate all unnecessary sudden cardiac deaths by the year 2020. 2 06/16/09 Mr. Fish stated approximately 1,000 people a day die from sudden cardiac arrest and 5% survive. He stated 95% of the people die from sudden cardiac arrest because in arder to survive you need early CPR and early defibrillation. On behalf of the Sudden Cardiac Arrest Association (Nationwide and the Southern Florida Chapter), Mr. Fish presented Certificates of Appreciation to Tom Elowson, Gary Corvino, and other individuals who helped assist Mr. Thomas Maimone. Mr. Fish also presented Mr. Maimone with a special survivor pin. S. CONSENT AGENDA: City Manager Recommends Approval. S.A. AMENDMENT NO. 2 INAL TO SERVICE AUTHORIZATION .2 AVID MILLER & ASSOCIATES, ,,,,,,__ ,,, t P.A.: Approve Amendment No. 2 Final to Service Authorization No. 39.2 in the amount of $2,500.00 to David Miller & Associates, P.A., for additional professional services regarding the facade renovations to the Linton Boulevard Bridge Tender House. Funding is available from 334-3162-541 46.05 (General Construction Fund/Repair & Maintenance ServiceslLinton Blvd. Tender House}. DRIVEIREIGLE HAVEN E /~S.WR 7 HOAVENUE~~ ~ROADTREMONSTR CANGO TION• Approve Change Order No. 2 to J.W. Cheatham, LLC, for additional work required to add a stop sign and stop bar for the Mango Drive/Reigle Avenue/SW 7th Avenue Road Reconstruction. Funding is available from the current contract Utility Allowance; therefore, no additional funding is needed. S.C. CONTRACT CLOSEOUT CHANGE ORDER NO. 6 FINAL/BSA CORPORATION/CITY HALL NORTH WING RENOVATIONS: Approve Contract Closeout {Change Order No. 6/Fina1) in the amount of a $1,401.00 increase and fZnal payment in the amount of $29,544.00 to BSA Corporation for the completion of City Hall North Wing Renovations. Funding is available from 334-6112-519-62.86 (General Construction Fund/City Hall -North Wing & Chamber) and 334-6112-519- 62.85 (General Construction Fund/Capital Outlay/City Hall Exp-IT Building}. S.D. _C_ ONTR_ ACT CLOSEOUT SCHANGE ORDER NO. l/FINAL)/WEST CONSTRUCTION, INC./L ~~~~~ INTON BOULEVARD BRIDGE .,.. TENDER HOUSE RENOVATIONS: Approve Contract Closeout (Change Order No. 1/Final) in the amount of a $6,961.41 decrease and final payment in the amount of $10,052.43 to West Construction, Inc, for completion of the Linton Boulevard Bridge Tender House Renovations. Funding is available from 334-3162-541-46.05 (General Construction Fund/Repair & Maintenance Service/Linton Blvd. Tender House). S.E. LAKESIDE CONDOMINIUM ASSOCIATION/TRAFFIC ENFORCEMENT AGREEMENT: Approve a traffic enforcement agreement between the City and Lakeside Condominium Association allowing the Delray Beach Police Department to enforce local and state traffic laws on its property. 06/16/09 8.F. AMENDMENT NO. 2/FLORIDA HIGHWAY PRODUCTS, INC. AGREEMENT: Approve and authorize the Mayor to execute Amendment No. 2 to the Agreement with Florida Highway Products Inc. (FHP) in the amount of $29,471.47 for microsurface paving of existing City streets. Funding is available from 118-1965-554- 63.11 (Neighborhood Services/Improvements-OtherBilcepathsl Sidewalks}. S.G. CONSENT TO ASSIGNMENT/WL FISH & COMPANY INC./F.R.S & ASSOCIATES, INC.: Approve Consent to Assignment from WL Fish & Company, Inc. to F.R.S. & Associates, Inc., for surveying services. S.H. RESOLUTION NO. 25-09/ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT: Approve and adopt Resolution No. 25-09 authorizing the application far and acceptance of up to $638,500.00 in Energy Efficiency and Conservation Black Grant funds from the U.S. Department of Energy. B~I. AMENDMENT NO. 2 TO THE CASON COTTAGE LEASE AGREEMENT: Approve Amendment No. 2 to the lease agreement with the Delray Beach Historical Society regarding the Cason Cottage property to allow for the rental of meeting rooms. 8_J. AGREEMENT/AT&T/CENTREX SERVICE: Approve an Agreement between the City and AT&T in the amount of $98,617.80 annually for renewal of the Centrex Service beginning June 22, 2009. Funding is distributed throughout all City departments based on the number of lines assigned to each department andlor division. B.K. SERVICE AUTHORIZATION NO. 07-04/KIMLEY-HORN AND ASSOCIATES INC.: Approve Service Authorization No. 07-04 with Kimley--Horn and Associates, Inc. in the amount of $110,000.00 for the design of the Cultural Loop and Martin Luther King, Jr. Drive. Funding is available from 334-4141-572-68.57 (General Construction Fund/Other Improvement/Cultural Loop/MLK Drive). 8.L. THIS ITEM WAS MOVED TO THE REGULAR AGENDA AS ITEM 9_A_A_ B.M. SPECIAL EVENT REQUEST/SUMMER NIGHTS ON THE AVENUE 2009: Approve a special event request far the Summer Nights on the Avenue 2009 proposed to be held from 7:00 p.m. to 10:00 p.m. on July 17, July 24, August 7, August 14, August 28 and September 4, 2009 granting a temporary use permit per LDR Section 2.4.6(F) for the closure and use of City rights of way; and authorize staff support for security and traff c control, site cleanup, trash removal, and barricading; contingent upon receipt of a certificate of liability insurance. B.N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period June 1, 2009 through June 12, 2009. 4 06/15/09 8.0. AWARD OF BIDS AND CONTRACTS: L Bid award to H & D Construction Co., Inc. in the amount of $508,181.25 for the construction of S.W. 14th Avenue Roadway, Alleys, & Drainage Improvements. Funding is available from 334- 3162-541-68.05 {General Construction Fund/Qther Improvement/S.W. 14th Alley Improvement). 2. Contract award to Brang Construction, Incorporated in the amount of $137,055.00 for the construction of 01d Germantown Road sidewalk improvements. Funding is available from 334-3162-541- 68.34 (General Construction FundlOther ImprovementlGerxnantown Rd-Sidewalk}. 3. Contract award to Chaz Equipment Company, Inc. in the amount of $32,444.00 for rehabilitation of Lift Stations 11 C, 20A, and S7A, as part of the annual lift station rehabilitation program. Funding is available from 442-5178-536-68.15 (Water & Sewer Renewal & Replacement Fund/lmprovements Other/Lift Station Rehabilitation). 4. Purchase award to TriGeo Network Security in the amount of $30,312.00 as a sole source vendor, far a proactive network defense Security Information Manager {SIM). Funding is available from. 001-1811-513-46.90 (General Fund/Repair and Maintenance Services/Other RepairlMaintenance Costs). Mr. Bernard moved to approve the Consent Agenda as amended, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor McDuffie ----Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 4 to 0 vote. 9. REGULAR AGENDA: 9.A.A. CHANGE ORDER NO. 3/WEST CONSTRUCTION YNC.IMILLER PARK IMPROVEMENTS: Approve Change Order No. 3 in the amount of $99,965.10 to West Construction, Inc., for the excavation of unsuitable materials, the backfilling of the building pads with onsite material, and additional bedding material for the drainage system for the Miller Park Improvements. Funding is available from 334-4173-572-63.90 (General Construction/Miller Park/Other lznprovements), 448-5461-538-63.90 (Storm Water Utility/Other Improvements) and 442-5178-536-64.90 (Water/Sewer R&R/Other MachinerylEquipment). Richard Hasko, Director of Environmental Services, stated this is the follow-up change order to the debris issue at Miller Park. Mr. Hasko stated what staff discovered through conversations with the consultant and the City Manager, and Florida Department Environmental Protection (FDEP), was that there was the potential for the City to leave this material on site under certain circumstances. Mr. Hasko stated the City's consultant contacted FDEP and staff was going to meet with them; however, they 5 06/15/09 told City staff that they did not have tune but provided a guideline document to staff and told staff to follow the procedures and give them apost-construction report then staff should be fine. Mr. Hasko stated staff is going to go into the outfield areas where they know there is significantly less debris buried and do a couple of soil borings to verify how much area they have to work with. He stated staff is going to do excavations out there and get the clean fill out of there and use it to backfill the building pads and push the unsuitable material back in the hole, bury it, and put a couple feet of fill on it and grade it. Mr. Hasko stated except for the backfilling that is the item before the Commission this evening. He stated there are a few components in the $99,965.10 and noted that there is a $27,000.04 which goes back to the drainage installation (original change order $164,456.00 approved in April} and there was afollow-up item where staff asked the consultant to undercut the drainage a foot when he installed it in when they started hitting the debris. Mr. Hasko stated there will be some more issues coming back to the Commission as he explained in his memorandum. Also, staff is awaiting a proposal from the consultant to do the reporting that FDEP is going to be looking far. Mr. Hasko stated the ballpark figure is about $30,D00.00 and staff is going to try to cut that down a bit because there are no flammable gases coming out of this material and staff is going to txy and minimize the scope on some of those requirements. The City Manager stated he received this initial change order far $330,000.00 and it had in it $170,000.00 for hauling the debris offsite. He stated he asked why can't we keep this on site and build some berms and from that staff got the idea of looking for clean fill on site. The City Manager stated the final result will be less than $150,000.00. Mayor McDuffie asked if staff anticipates any additional delays or completions. Mr. Hasko stated there is an additional time element involved with this change order and believes it is 60 or 65 days. Therefore, Mr. Hasko stated there is potential for a time delay. Mr. Hasko stated the contractor has down several multi- million dollar praj ects for the City and they have a reputation for completing projects early. Mr. Frankel asked with the 6S day extension when does staff anticipate this project will be completed. Mr. Hasko stated it could run into early next year {March or Apri12010). Mr. Fetzer moved to approve Change Order No. 3 with West Construction, Inc. for Miller Park Improvements, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Fetzer -- Yes; Mr. Frankel -Yes; Mr. Bernard -Yes. Said motion passed with a 4 to 0 vote. 9.A. CONTRAC_T AWARDIINSITUFORM TECHNOLOGIES, INC.: Consider approval of a contract award to Insituform Technologies, Inc., in the amount of $173,010.00 for lining the abandoned 16" force main under the Intracoastal Waterway. Funding is available from 441-5181-536-65.96 (Water & Sewer Fund/Other Irnprovements/Reclaimed Water Transmission). 6 06/16/09 Richard Hasko, Director of Environmental Services, stated this is the lining of a 16" Intracoastal crossing to accommodate the connection on bath sides to the Reclaimed Water Transmission System. Mr. Hasko stated at that time staff came before the Commission with a request to award this on the basis of three quotes to Insituform for $164,303.00. He stated for the sake of transparency, etc. the Commission directed staff to do a competitive bid. Staff went through the process and put together specifications and advertised. Mr. Hasko stated staff had some pre-bid opening requirements in terms of potential bidders providing them with certain guarantees. He stated there were two remaining bidders. Mr. Hasko stated the primary reason this is on the regular agenda is because there was one irregularity an lnsituform's bid proposal. He stated it was an obvious typographical error and they notified the City of it in writing immediately after the bid was awarded. Mr. Hasko recommended that the Commission waive that particular irregularity and award this contract to Insituform Technologies, Inc. for $173,010.00. Mr. Frankel moved to approve the contract award to Insituform Technologies, Inc. in the amount of $173,010.00 and waive the irregularity as well, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Frankel -Yes; Mr. Bernard --Yes; Mayor McDuffie -Yes. Said motion passed with a 4 to 0 vote. 9.B. APPOINTMENTS TO THE COMMUNITY REDEVELOPMENT AGENCY: Appoint four (4} regular members to the Community Redevelopment Agency {CRA) to serve a four (4) year term ending July 1, 2013. Based upon the rotation system, the appointments will be made by Commissioner Fetzer (Seat #2), Commissioner Frankel (Seat #3), Commissioner Bernard (Seat #4) and Mayor McDuffie (Seat #5). Mr. Fetzer moved to reappoint Peter Arts to the Community Redevelopment Agency as a regular member to serve a four (4} year term ending July 1, 2013, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. Mr. Frankel moved to appoint Herman Stevens to the Community Redevelopment Agency (CRA) as a regular member to serve a four (4) year term. ending July 1, 2013, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Fetzer -Yes; Mr. Frankel -- Yes. Said motion passed with a 4 to 0 vote. Mr. Bernard moved to reappoint Angeleta Gray to the Community Redevelopment Agency (CRA} as a regular member to serve a four (4) year term ending July 1, 2013, seconded by Mr. Frankel. Upon call call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes. Said motion passed with a 4 to 0 vote. 7 06/16/09 Mayor McDuffie stated he wished to reappoint Veronica Covington to the Community Redevelopment Agency (CRA) as a regular member to serve a four {4) year term ending July 1, 2013. Mr. Fetzer so moved, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -~ Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes. Said motion passed with a 4 to 0 vote. 9.C. APPOINTMENT OF COMMUNITY REDEVELOPMENT AGENCY (CRA) CHAIRPERSON/VICE-CHAIRPERSON: Appoint a Chairperson and Vice-Chairperson to the Community Redevelopment Agency Board. Mr. Bernard moved to appoint Howard Lewis as Chairperson of the Community Redevelopment Agency (CRA), seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie - Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. Mr. Bernard moved to appoint Thomas F. Carney, Jr. as Vice-Chairperson of the Community Redevelopment Agency (CRA), seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Fetzer -Yes; Mr. Frankel ~- Yes. Said motion passed with a 4 to 0 vote. 9.D. APPOINTMENT TO THE GENERAL EMPLOYEES RETIREMENT FUND COMMITTEE: Appoint one (1) regular member to the General Employees Retirement Fund Committee to serve an indefinite term. Based upon the rotation system, the appointment will be made by Mayor McDuffie (Seat #5). Mayor McDuffie stated he wished to appoint Vincent Dole to the General Employees Retirement Fund Committee as a regular member to serve an indefimite term. Mr. Frankel so moved, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Fetzer -~ Yes; Mr. Frankel -Yes; Mr. Bernard - Yes. Said motion passed with a 4 to 0 vote. 9.E. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint one (1) regular member to serve an unexpired term ending July 31, 2010 and one (1) alternate member to serve an unexpired term ending July 31, 2011 to the Nuisance Abatement Board. Based upon the rotation system, the appointments will be made by Commissioner Fetzer (Seat #2} for one (1) regular member and Commissioner Frankel (Seat #3) for one (1) alternate member. Mr. Fetzer moved to reappoint Linda Laurence-Lieb to the Nuisance Abatement Board as a regular member to serve an unexpired term ending July 31, 2010, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Fetzer -- Yes; Mr. Frankel -Yes; Mr. Bernard --- Yes; Mayor McDuffie -Yes. Said motion passed with a 4 to 0 vote. 8 06/16/09 Mr. Frankel moved to appoint Brian Smith to the Nuisance Abatement Board as an alternate member to serve an unexpired term ending July 31, 2011, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 9.F. APPOINTMENTS TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint two (2) regular members to the Downtown Development Authority (DDA) to serve a three {3) year term ending July 1, 2012. Based upon the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1) and Commissioner Fetzer {Seat #2}. Commissioner Eliopoulos' appointment will be deferred to the next regular meeting of July 7, 2009. Mr. Fetzer moved to reappoint Francis Marincola to the Downtown Development Authority as a regular member to serve a three year term ending July 1, 2012, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 4 to 0 vote. 9.G. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one (1) regular member from Zone 4 to the Neighborhood Advisory Council effective July 31, 2009 to serve a three (3) year term ending July 31, 2012. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). Mr. Fetzer moved to appoint Kristen Albanese to the Neighborhood Advisory Council as a regular member to serve a three (3} year term ending July 31, 2012, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Bernard --- Yes; Mayor McDuffie -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 4 to 0 vote. 9.H. AMENDMENT NO. 2/MATCH POINT INC.: Consider approval of Amendment No. 2 to the amended and restated agreement between the City and Match Point, Inc. which provides that the City shall be a Co-Title Sponsor for the ATP Champions Tour, which shall beheld concurrently with the ATP World Tour. Joseph Safford, Finance Director, stated this item before the Commission is Amendment No. 2 to the agreement between the City and Match Point. At the June 2, 2009 City Commission Meeting the Commission requested that the Budget Task Force review the agreement and provide recommendations. The Budget Task Force has completed the negotiating and review of Amendment No. 2 to the Match Point agreement. Mr. Safford stated the original Amendment No. 2 was a 20 year contract for a total cost up to the year 2030 of aver $10.8 million. The revised amendment before the Commission tonight is a five year contract with the option to terminate after two years. 9 06/1 G/09 The original amendment included the $75,000.00 fee for administering the CRA funds and that was eliminated prior to coming to the Budget Task Force. Mr. Safford stated the original amendment included a $20,000.00 fee for allowing the City to pay the first event over a four year period and that was eliminated prior to coming to the Budget Task Force. The original amendment included a 10% fee to Match Point on all sponsorship fees received by the City and this was negotiated to a 5% fee. The original amendment included a refund of $30,000.00 to the City if the event was not televised and this was negotiated to $100,000.00 refund to the City if the event was not televised. The original amendment included a $200,000.00 minimum to Match Point to spend on player appearance fees and this was negotiated to a $250,000.00 minimum that Match Point would have to spend on player appearance fees. Mr. Safford stated the City is going to have to pay $375,000.00 each year increased by the Consumer Price Index (CP17 but the initial payment will not be due until October 1, 2010. Therefore, Mr. Safford stated this allows the City 16 months to receive sponsorship fees from the upcoming contract pending with 1_MG to offset the City's costs before they have to pay anything. He stated the Budget Task Force did everything in its power to minimize the risk and noted that it has gone from a $10.8 million fixed cost contract to a five year contract and the two year clause where the City can terminate the contract if we do not receive sponsorship fees. Mr. Safford stated no budgeted funds need to be put in next fiscal year's budget. The maximum City exposure risk is $750,000.00 representing two events. Mr. Safford stated if the City receives no sponsorship fees in the next 16 months we are obligated to pay for the first and second event. Mr. Safford stated the Budget Task Force voted 6 to 1 approval of this current revised amendment therefore ending the negotiation process. Mr. Safford stated the Budget Task Farce recommended that the City conduct a marketing study prior to the end of each renewal period. If the initial period is a five year contract if we continue it throughout the five years prior to the termination of the five years the Budget Task Farce would recommend that the City conduct a marketing analysis to determine the affects of the tournament itself. Mr. Safford thanked Mark Baron and the Budget Task Force for all their work. Brian Shutt, City Attorney, stated the Amendment an the dais is the latest version and is on Muni-agenda as well. He stated there were a couple of clarifications that he added in the last paragraph and to clarify what Mr. Safford had said there is actually another reopener before you get to the five year renewal where after you have a two year term and they da not meet the requirements with regard to funding from sponsorships or naming rights then, the City will have another two year term after that prior to the first renewal period. Mr. Shutt stated the increase is a set rate of 3% and not the CPI. Mr. Fetzer thanked the Budget Task Force for their input an this and asked how the sponsorships can offset the costs to the City. Mr. Safford stated within the amendment there are certain sponsorships that the City is going after. He stated IMG is going to be retained and allowed to get sponsors for the City for this specific event. Mr. Safford stated in 16 months the City is trying to get 2 ar 3 sponsorships to offset the City casts before we actually have to pay the cost. 10 06/16/09 The City Manager stated as a title sponsor far the event the City receives six sponsorships that they can sell; three are priced at $75,000.00 each and three at $175,000.00. Mr. Safford stated in their deliberations the desire of the Budget Task Force is if the City can sell all those sponsorships the City will actually have no net cost of this event and we will actually have funds that could offset the cost of the world tour event. The City Manager stated putting the twa events together increases the City's chances of selling these sponsorships and makes them more marketable. Mr. Bernard asked which marketing study was used to determine the effect to the City. In response, Mr. Safford stated Match Point used the economic impact analysis that was done in 2001 and they relied on those numbers and noted that they did not take an independent study following that marketing study. Mr. Bernard asked if the City is going to try to sell the naming rights also. The City Manager stated the proposal that the City is getting from IMG will include selling the naming rights as well as the six sponsorships. Mr. Frankel thanked the Budget Task Force. He stated as far as the player appearance fees that in the range of players will draw. Mr. Baron congratulated the Budget Task Force far a job well done. Mr. Baron stated this event is based on players like Andre Agassi, John McEnroe, Pete Sampras, Veelander, and Jim Courier. Mr. Baran stated six of the players will be one of these players and there are two wild cards at every championship tour event because in each country there are sometimes local heroes that might have been 100th in the world but they were #1 in their country so they can use that to bring that player in because they are really big in their countries where the championships tour event might be. Mr. Fetzer moved to approve Amendment No. 2 with Match Point, Inc. contingent upon the City entering into an agreement with IMG and approving that agreement by July 31, 2009, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mayor McDuffie -~ Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes. Said motion passed with a 4 to 0 vote. 9.I. RESOLUTION NO. 26-091MID YEAR BUDGET AMENDMENT: Consider approval of Resolution No. 26-09 amending Resolution No. 44-08 adopted September 16, 2008, which made appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the FY 200812009, by setting forth the anticipated revenues and expenditures for the operating funds of the City for FY 200812009. (ADDENDUM) The caption of Resolution No. 26-09 is as follows: 11 06/16/09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 44-08 ADOPTED SEPTEMBER 16, 2008, WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 200812009, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 200812009; REPEALING ALL RESOLUTIONS INCONSISTENT HEREWITH. office.) (The official copy of Resolution No. 26-09 is on file in the City Clerk's The City Manager stated staff has been working on this for about six weeks now because we started $2 million out of balance. He stated staff has brought this into balance and made some substantial cuts particularly in travel, office supplies, and maintenance items. The City Manager stated the budget is now in balance and requested that the City Commission adopt this amendment. He stated staff can address some of the cuts they have made as they may need to in next year's budget and the backup detail for the changes that were made both in the revenue side and the expense side. The City Manager stated it was about half because of revenue shortfalls particularly in interest earnings and sales tax and some of the other shared revenues and about half from additional expenses because of the fact that the City had to continue giving increases for public safety employees because of contracts and the requirement to continue with the existing contract until we get a new one in place. Mr. Fetzer asked what the timeline is for the Commission to review the first draft of next year's budget. In response, the City Manager stated hopefully by the July 7th City Commission Meeting and if not by the July 14th Workshop Meeting. The City Manager stated at this point the numbers are preliminary and he would rather give the Commission fznal numbers. Mr. Fetzer asked the City Manager if he has any particular concern about these mid-year adjustments. The City Manager stated it is something the City can live with and it will not significantly impact the service related to the public. Mayor McDuffie thanked the department heads and everyone who worked together so diligently on making up $2 million. Mr. Frankel moved to approve Resolution No. 26-09, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to D vote. 12 06~16~D9 At this point, the time being 7:12 p.m., the Cornzx~ission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO 3l -09: Consider a city-initiated amendment to 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"; amending Section 35.100, "Beneficiaries; Contingencies". The caption of Ordinance No. 31-09 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, "RETIlZEMENT INCOME; BASIS, AMOUNT, AND PAYMENT"; AMENDING SECTION 35.100, "BENEFICIARIES; CONTINGENCIES"; PROVIDING A GENERAL REPEALER CLAUSE; A VALIDITY CLAUSE; AND AN EFFECTIVE DATE. (The off cial copy of Ordinance No. 31-09 is on file in the City Clerk's office.) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney read the caption of the ordinance and stated the Commission approved the same pop-up provision for the same "pop-up" provision for the Police and Fire Pension Plan and this gives another option for employees as far as the joint survivor benefits that they have in their pension. The City Manager stated there is no cost to the Cirty. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to give testimony on this item, the public hearing was closed. Mr. Bernard moved to adopt Ordinance No. 31-09 on Second and FINAL Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer -- Yes; Mr. Frankel -Yes; Mr. Bernard -- Yes; Mayor McDuffie --- Yes. Said motion passed with a 4 to 0 vote. 13 06/16/09 12. FIRST READINGS: A. None There being no further business, Mayor McDuffie declared the meeting adjourned at 7:46 p.m. ~~ ~ ~ r~ ~ ~ ~ -~ City Clerk The undersigned is the City Clerk of the City of Delray Beach, Florida, anal the information provided herein is the Minutes of the Regular City Commission Meeting held on June 16, 2049, which Minutes were formally approved and adopted by the City Commission on July 21, 2009. 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 faith above. 14 06/16/09 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE MODIFICATION REQUEST FOR LIFE SKILLS CENTER ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use modification request to allow the expansion of the Life Skids Center into 3 vacant adjacent bays has come before the City Commission on June 2, 2009, 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use modification request for Life Skills Center. AI! afi the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and ll. I. COMPREHENSIVE PLAN a. om ehensive Plan -Future La, - pr _ nd Use and Map: Is the future use and intensity of the development consistent with the fiuture land use map and comprehensive plan and is it appropriate in terms of soil, topographic, and other applicable physical considerations, complementary to adjacent land uses, and fiulfills remaining land use needs, subject to the attached conditions? Yes 5 No 0 b. Concurrence: Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met, subject to the attached conditions, as respec# to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes 5 No 0 City Commission Meeting on June 2, 2009 Ttem 9.A. il. LDR REQUtREMEIVTS: LDR Section 2.4.5(E) Required Findings: Conditional Usel. Pursuant to Section 2.4.5(E){5), in addition to provisions of Chapter 3, the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Hinder development or redevelopment of nearby properties. Will the requirements of LDR Section 2.4.5(E} and Chapter 3 be met, subject to the attached conditions}'~ Yes 5 No 0 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations, 5. The City Cammission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Cammission approves X denies the conditional use request subject to conditions attached hereto and hereby adopts this Order this 2"d day of June, 2009, by a vote of a in favor and 0 opposed. 2 City Co~nn~.ission Meeting on June 2, 2009 Item 9.A. ATTEST: Cheveile N~bin City Clerk ~ Citq Co~nn~ission Meeting an June 2, 2009 Item 9.A. r IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA BID RROTESTS BY OCEANSlDE BEACH SERVICES INC. AND BOUCHER BROTHERS DELRAY BEACH, LLC. ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 'l. These bid protests have come before the City Commission on June 2, 2009 where the applicants, Oceanside Beach Services, Inc. and Boucher Brothers Delray Beach, LLC are requesting that the Commission uphold their respective bid protests to RFP 2009-98, the beach cabana bid. 2. The Applicants and Ci#y staff presented documentary evidence and testimony tv the City Commission pertaining to the bid protests filed by both parties. Ail of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. BID AWARD The City will select the bid that, in the City's judgment, will best serve the City's interest. Would approving the bid protest filed by Oceanside Beach Services, Inc. best serve the City's interest. Yes 5 No 0 Would approving the bid protest filed by Boucher Brothers Delray Beach, LLC best serve the Gity's interest. Yes. 0 No 5 3. The City Commission has applied the Comprehensive Plan end City Ordinance requirements in existence at the time of bid award and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained City Commission Meeting Jane 2, 2009 Item 9.8. in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves X denies the bid protest filed by Oceanside Beach Services, Inc., subject to the waiver of any irregularities in Oceanside Beach Services` bid response. Based on the entire record before it, the City Commission approves denies X the bid protest filed by Boucher Brothers Delray Beach, LI_C. 6. Based an the entire record before it, the Gity Commission hereby adopts this Order this 2nd day of June, 2009, by a vote of 5 i favor n~i ~ opposed. ATTEST: ~\ Nelson S. McDufFie, or ~. 1 \l~ Chevelle Nubia, City~Cierlc ^~~ 2 City Commission. Meeting June 2, 2009 Item 9.B. .. IN 'fHE CITY COMMISSION CHAMBERS Of= THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS FOR LIFE SKILLS CENTER ORDER OF'CHE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver requests to reduce the minimum outdoor play area and to increase the maximum number of students for the Life Skills Center have come before the City Commission on .tune 2, 2©09. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for the Life Skills Center. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: Pursuant to LDR Section 4.3.3(HHH)(3}, there shall be a minimum area of 75 square feet of outdoor play area per student. The applicant has submitted a waiver request to reduce the required minimum outdoor play area per student from 75 sq. ft. #0 33.33 sq. ft. In other words, from 7,50Q sq. ft. {1t7Qstudentsx75=7,5Qt) sq. ft.) to 5,499.45 sq. ft. {1fi5x33.33=5,499,45 sq. ft.) based on the school's curriculum. Pursuant to LDR Section 4.3.3{HHH){6), private school facilities shall be limited to a maximum of 100 students when located in the PC district. The applicant has submitted a waiver to this requirement to aNow for an increase up to 165 students. Pursuant to LDR Section 2.4.7(B}(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; {b} Shall not significantly diminish the provision of public facilities; (c} Shall not create an unsafe situation; and, (d} Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Would the waiver of Section 4.3.3(NHH}(3} to reduce the minimum outdoor play area per student from 75 sq. ft. to 33.33 sq. ft. comply wifh the requirements of 2.4.7(8)(5)? Yes 5 No 0 1 City Commission Meeting June 2, 2009 Item 9.8.1 ~ 1 Would the waiver of Section 4.3.3(HHH}(fi} to allow an increase of students from 100 to 165 comply with the requirements of 2.4.7(6}(5)? Yes 4 No 1 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set Earth in this Order are consistent with the Comprehensive plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves or denies the waiver requests as follows: LDR Section Approve Deny 4.4.3.(HHH}(3} (reduce minimum outdoor play area) X 4.4.3.(HHH}(fi} (increase of students from 100 to 165} ?( 6. Based on the entire record before it, the City Commission hereby adopts this Order this 2"~ day of June, 2009, by a vote of 4 in favor and 1 opposed. ., ATTEST: Nelson S. McDufFr or 1 Cheveile Nubin, City Glerk 2 City Con~ission Meeting June Z, 2009 Item 9.6.1 Y IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR PALM TERRACES URDER OF THE CITY COMMIS510N OF THE CITY OF ©ELRAY BEACH FLORIDA 1. The action requested is a waiver to provide additional time beyond the 3 year maximum from the date of an Act of God" event to allow the completion of construction for proposed improvements to Palm Terraces. This item has come before the City Commission on June 2, 2009. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request from the property owner of Palm Terraces. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection L L WAIVER: Pursuant to LDR Section 1.3.8(A), If a lawful nonconforming residential or commercial structure is damaged or destroyed by an Act of God (the event), the owner shall be permitted to rebuild the structure in accordance with the use and number of units and square footage permitted by the certificate ofi occupancy in existence prior to the occurrence of the event. Where necessary, in order to accommodate the use or the same number of such units, structures may be reconstructed to heights previously established on building permit plans approved prior to the occurrence ofi the event. However, pursuant to LDR Section 1.3.8(B}, in order to receive approval for rebuilding pursuant to this Section, application for building permits must be submitted within one year of the date on which the event occurred and ail reconstruction must be completed within three years from the date of the event. The Applicant requests a waiver from Section 1.3.8(8) to extend the time period in which site plan approval and permits can be obtained to May 1, 20'(0 and reconstruction to be completed to November 1, 2011 Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waver; {a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; {c) Shall not create an unsafe situation; and, {d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. 1 City Commission Meeting on June 2, 2009 Item IO.A. .; - Does the waiver request to Section 1.3.8(B}, to extend the time period in which site plan approval and permits can be obtained to May 1, 2010 and reconstruction to be completed to November 1, 2011, meet all the requirements of 2.4.7(8)(5}? Yes 4 No 1 3. The City Commission has applied the Comprehensive Plan and CDR requirements in existence at the time the original development application was submitted and frnds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence tv support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves X denies the waiver request to LDR Section 1.3.$(A}. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 2"d day'of ,June, 2009, by a 4 iii favor 1 opposed. ATTEST: Nelson S. McDuffie, Chevelie Nubin, pity Clerk 2 City Commission Meeting on June 2, 2009 Item 10.A.