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05-11-10 Regular Meeting MinutesMAY 11, 2010 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuff e in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, May 11, 2010. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Greg Fitch, Chief Chaplain for the Delray Beach Police and Fire-Rescue Department. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Eliopoulos stated with regard to Item B.B., Hold Harmless A reementBlock 77 Develo meat Gr©~ LC he had done architectural work for them in the past but not now. Also, Mr. Eliopoulos stated with regard to Item 8.0., Hold Harmless Agreement/Putt'n Around, LLC, he had done work for the previous owner of the land. Mr. Eliopoulas requested that Item 8.R.3, 8.R.3.i., 8.R.3.ii., 8,R.3.iii., Review of Appealable Land Developmen# Board Actions (SPRAB) be moved fram the Consent Agenda to the Regular Agenda as Item 9.A.A. In addition, Mr. Eliopoulos requested that Item 8.5.2., Award of Bids_ and Contracts, be moved from the Consent Agenda to the Regular Agenda as Item 9.A.A.A. Mr. Eliopoulos moved to approve the Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuff e -Yes; Mr. Eliopoulos -Yes. Said motian passed with a 5 to 0 vote. 05/11/10 5. APPROVAL OF MINUTES: Mr. Fetzer moved to approve the Minutes of the SpecialfWorkshap Meeting of April 13, 2010, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -- Yes; Mayor McDuffie -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes. Said motion passed with a S to 0 vote. Mr. Frankel moved to approve the Minutes of the Regular Meeting of April 20, 2010, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Gray -~ Yes; Mayor McDuffie -- Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes; Mr. Frankel ---Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. Reco nizin and Cammendin Auxilia Officer Jeff Rubenstein Mayor McDuffie read and presented a proclamation hereby proclaiming Auxiliary Officer Jeff Rubenstein a Great Partner to Law Enforcement and a True Professional with the City of Delray Beach and offer congratulations on your commitment and professionalism. Police Chief Strianese came forward to accept the proclamation and gave a few brief comments. 6.B. Reco nizin and C©mmendin Theodore A. Bush Ph.D. and Doris A. Meyer Mayor McDuffie read and presented a proclamation hereby acknowledging Doris A. Meyer and Theodore A. Bush, Ph.D. for their contribution and commitment to the completion of Teddy's Field in memory of Theodore Paul Bush, a project called "Field of Dreams". Linda K.arch, Director of Parks and Recreation, gave a few brief comments and Theodore A. Bush came forward to accept the proclamation. G.C. National Safe Boatin Week - Ma 22-2~ 2010 Mayor McDuffie read and presented a proclamation hereby proclaiming the week of May 22-28, 2010 as National Safe Boating Week in Delray Beach, Florida. Tom Thayer came forward to accept the proclamation and gave a few brief comments. 6.D. Water Reuse Week - Ma 16-22 2010 Mayor McDuffie read and presented a proclamation hereby proclaiming the week of May 16-22, 2010 as Water Reuse Week and call upon each citizen and business of Delray Beach, Florida to help protect our precious resource by practicing water conservation and to use reclaimed water in an efficient and effective means. Randal Krejcarek came forward to accept the proclamation and gave a few brief comments. 2 OS/11/10 6.E. National Public Works Week -May 1G-22,_2010 Mayor McDuffie read and presented a proclamation hereby proclaiming the week of May 1b-22, 2010 as National Public Works Week in Delray Beach, Florida. Randal Krejcarek came forward to accept the proclamation and gave a few brief comments. 6.F. lOTa~i©nal Emergenc~Medical Services Week--May 16-22, 2010 Mayor McDuffie read and presented a proclamation hereby proclaiming the week of May 1622, 2010 as National Emergency Medical Services Week. Fire Chief David James came forward to accept the proclamation and gave a few brief comments. 7. P12ESENTATI®NS: 7.A. 1FIistaric Preservation Board Awards ~2eco nition Dan Sloan member of the 1H[istoric Preservation Board since 2008 and has served as the Chair erson since Au ust 2009 stated the Annual Award Recognition Program acknowledges owners of historic properties or properties located within historic districts and their design teams who have significantly contributed to the preservation of the City's historic resources. This year's eligible projects were previously approved by the Board and completed within the last year, Mr. Sloan recognized the Historic Preservation Board members (Roger Cope, Vice Chair, Rhonda Sexton, 2"d Vice Chair, Toni Del Fiandra, Pamela Reeder, Darla Sernoff, and Tom Stanley) and presented certificates to the following 2010 Historic Preservation Board recipients: NEW SIGNAGE 353 North Swinton Avenge, Old School Square Historic District Chaya Sharon Heller, Business Owner Sign Factory, Sign Designer RESH)ENTIAL ADDITIONS AND RENOVATIONS 1(}26 Nassau Street, Nassau Park Historic District Jennifer Lee, Property Owner Roy M. Simon, AIA, Architect All Florida Trees, Inc., Landscaping Historic District Roger Cope and Torre McMurrain, Property Owners Cope Architects, Inc., Architect GLM Remodeling and Building, General Contractor Clint Oster, Landscaping PAT CAYCE ACHIEVEMENT AWARD FOR EXCELLENCE IN PRESERVATION Named after the City's fast Historic Preservation Planner and a pioneer in establishing Delray Beach's historic preservation pragr•am. 220 Dixie Boulevard, Del-Ida Park Historic District Katie and John Murphy, Property Owners Shane Armes, AIA, Architect All Florida Trees, lnc., Landscaping ADAPTIVE REUSE 114 NE 1st Avenue, Old School Square 114 NE 1st Avenue, Old School Sggare Historic District Roger Cape and Torre McMurrain, Property Owners OS/11110 PRESERVE DELRAY AWARD In 2©D9, the Historic Preservation Board (HPB) added an additional award category, "Preserve Delray Award", in response to the City's recent designation as a Preserve America Community. This category will annually recognize property owners who continually preserve their significant piece of Delray Beach history. This year, the HPB divided the award into residential and non- residential categories. Residential: The Turner House, 145 NE 6th Avenne, Individually Designated Allison Turner and Nancy Turner, Property Owners Non-Residential: The Colony Hotel, 525 East Atlantic Avenue, individually Designated Jestena Boughton, Property Owner 7.B. Reco nizin and Commendin Shell Weil and Chuck Ridle for their contrihutians as Chairpersons for the Police Advisory Board Anthony Strianese, Police Chief, introduced and recognized Shelly Weil and Chuck Ridley for their long history of supporting the community, our city, and our Police Department. In addition, Chief Strianese recognized Mr. Weil and Mr. Ridley for their contributions as Chairpersons for the Police Advisory Board. Chuck Ridley and Shelly Weil came forwaxd and gave a few brief comments. B. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL 130ARD ACTIONS: Approve and ratify actions of the South Central Regional Wastewater Treatment and Disposal Board at their Quarterly Meeting of April 15, 2010. B.B. HOLD HARMLESS AGREEMENTBLOCK 77 DEVELOPMENT GROUP, LC: Approve a Hold Harmless Agreement with Block 77 Development Group, LC for the installation of two (2) drainage structures within City right-of way for the property located at 32 S.E. 2nd Avenue, S.C. SERVICE AUTHORIZATION N®. 06-05.2/CURRIE SOWARDS AGUILA ARCHITECTS: Approve Service Authorization No. 06-05.2 in the amount of X4,375.00 to Currie Sowards Aguila Architects for additional professional design services required for the Old School Square Window Replacement Project. Funding is available from 334-4151-572-46.08 {General Construction FundlRepair & Maintenance Services/OSS Window Replacement). S.D. SERVICE AUTHORIZATION NO. 07-06.2/MATIiEWS CONSULTING, INC.: Approve Service Authorization No. 07-06.2 in the amount of $14,6$7.00 to Mathews Consulting, Inc. for the additional design of S.W. 12th Avenue Alleys. Funding is available from 334-3162-541-68.49 {General Construction Fund: Other Improvement/S.W. 12th/Auburn Alley Improvements). 4 OS/11110 8.E. SERVICE AUTHORIZATION NO. 01-371AVIROM & ASSOCIATES, INC.: Approve Service Authorization No. 01-37 in the amount of $21,465.00 to Avirom & Associates, Inc. for the survey of twenty-six {26) new bus shelter locations throughout the City. Funding is available from 334-3162-541-68.47 (General Construction Fund: Other ImprovementlS.W. 29th Street- S.W. 22nd Sidewalk) and 334-3162-544-65.70 {General Construction Fund: Other ImpravementslTransit Stop Bus Shelters). B,F. CONTRACT CLOSEOUT C.O. NO. IIFINAL /THE SIGNAL GROUP, iNC./WEST ATLANTIC AVENUE AT S.W. 2nd AVENUE: Approve a Contract Closeout {Change Order Nn. 1/Final} in the amount of a $45,845.60 decrease and fnal payment in the amount of $79,847.35 to The Signal Group, Inc. for the completion of the West Atlantic Avenue at S.W. 2nd Avenue Signal Replacement Project. Funding is available from 334-3162-541-68.58 (General Construction Fund: Other Improvement/S.W. 2nd Avenue @ West Atlantic Signalization). B.G. TRANSPORTATION ENHANCEMENT GRANT APPLICATION UPDATE: METROPOLITAN PLANNING ORGANIZATION MPO : Approve a revision to a Transportation Enhancement Grant application through the Metropolitan Planning Organization (MPO). B.H. FLORIDA ASSOCIATION OF PUBLIC ART ADMINISTRATORS (FAPAA) CONFERENCE: Provide authorization to send the Staff Liaison and up to four {4) other Public Art Advisory Board Members to the Florida Association of Public Art Administrators (FAPAA) Conference in Fort Pierce, Florida an May 19 - 21, 2010. The total cost to the Public Arts Budget will not exceed $700.00. Funding is available from 115-1702-579-31.90 (Special Projects Fund: Professional Services/Other Professional Services). BSI. REVISION OF FUNDING SOURCEIAECOM TECHNICAL SERVICES INC.IWORTIJING PARK: Approve revising the funding source for Worthing Park design services by AECOM Technical Services, Inc. from 334-4151-572- 68.19 (General Construction Fund: Other Improvement/Worthing Park Improvement) to 117-4133-572-68.19 (Recreation Impact Fee Fund: Other Improvement/Worthing Park Improvement). BUJ. GRANT AWARD/FLORIDA DEPARTMENT OF STATE DIVISION OF HISTORICAL RESOURCES: Approve the Historic Preservation Grant Award Agreement from the Florida Department of State, Division of Historical Resources in the amount of $15,000.00 to host the 2010 Florida Certified Local Government {CLG} Training Program on June 23-25, 2010. Funding is available from 001-2511-515-48.91 (General Fund: Promotional Activities/ 2010 Florida CLG Training Program}. B.K. RESCIND BID AWARD TO H & I) CONSTRUCTION: Approval to rescind the bid award to H & D Construction in the amount of $479,612.00 for the construction of S.W. 12th Avenue Alleys - Phase I Project and proceed with re- 5 OS/11/10 advertising the project for bid. B.L. REVISION 2 OF THE CITY'S HOUSING ASSISTANCE PLAN: FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS/NEIGHBORHOOD STABILIZATION PROGRAM: Approve Revision 2 of the City's Housing Assistance Plan, revising Section HI, paragraph 1.4, "Identification of Units", governing the use of funding from the Florida Department of Community Affairs Neighborhood Stabilization Program (NSPl) including the activities and processes to be used. 8.M. SCHOOL READINESS CIIILD CARE SERVICE AGREEMENT/FAMILY CENTRAL, INC.: Approve a School Readiness Child Care Service Agreement between t1~e ~~City and Family Central, Inc., to provide subsidized child care funding for the Afterschool Program. S.N. RESOLUTION NO. 30-10: Approve Resolution No. 30-10 assessing costs far abatement action required to remove nuisances on ten (1 Oj properties throughout the City. The caption of Resolution No. 30-10 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 30-10 is an file in the City Clerk's office.} ~.0. HOLD HARMLESS AGREEMENT/PUTT'N AROUND LLC: Approve a Hald Harmless Agreement with Putt'n Around, LLC to install an irrigation water service connection within Florida Department of Transportation right-of- way at N.E. 5~' Avenue, south bound Federal Highway, Iocated on the west side of N.E. 5th Avenue between 3r~ Street and 4th Street. 6 05/11/10 8.P. CONTRACT CLOSEOUT (FINAL PAYMENT)ICOMMERCIAL INSURANCE ALLIANCEIGARDEN WORLD OF HOLIDAY, INC.: Approve a Contract Closeout and final payment in the amount of a $130,344.68 to Commercial Insurance Alliance, A Reciprocal Insurance Company and Ford, Miller & Wainer, P.A. Trust Account for the completion of the Florida Beautification Grant landscape project. Funding is available from 334-3162-541-68.09 (General Construction Fund: Dther ImprovementlAtlantic Avenue Gateway Feature). MEMORANDUM OF UNDERSTANDINGIDEPARTMENT OF CHILDREN AND FAMILIES SERVICES: Approve a Memorandum of Understanding between the City and the Florida Department of Children and Families to allow additional home visits to supplement the current child abuse and joint investigations protocol. B.R. ITEM 8.R.3.i, 8.R.3.ii, and 8.R.3.iii HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. ~~~~~~ 8.5. AWARD OF BIDS AND CONTRACTS: L Contract award to B & O Constructors, Inc. in the amount of $154,780.00 for the complete restoration of the historic Susan B. Williams House. Funding is available from 334-4851-575-62.89 (General Construction Fund: Buildings/Munnings/Williams Rehab). 2. THIS ITEM WAS MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. 3. Purchase award to Emergency Vehicle Supply (EVS} in the amount of $62,581.32 to equip six (6) newly purchased Police Vehicles. Funding is available from 101-2136-521-64.20 (ARRA Economic Stimulus Fund: MachinerylEquipment/Autamative} and 001-2115-521-52.27 (General Fund: Operating Supplies/Equipment < $1,000.00). 4. Purchase award to Farmer & Irwin Corporation in the amount of $59,995.00 for the purchase and installation of one (1) Carrier 50~ ton rooftop ale unit for the Police Department. Funding is available from 334-2111-521-64.90 (General Construction Fund: MachinerylEquipment/Other Machinery /Equipment}. 5. Bid award to Imperial Electrical Inc. in the amount of $312,510.00 for Sports Lighting Upgrades at Pompey Park as part of the City's Energy Eff ciency and Conservation Block Grant (EECBGj Project. Funding is available from 101-6352-519-46.94 (ARRA Economic Stimulus Fund: Repair and Maintenance Services/74 Energy Efficient Green Lights}. 7 OS/11/10 Mr. Eliopoulos moved to approve the Consent Agenda as amended, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS (Item 8.R.3.i, 8.R.3.ii, 8.R.3.iii): Accept the actions and decisions made by the Land Development Boards for the period April 19, 2010 through May 7, 2010. Commissioner Eliopoulos declared a conflict of interest and stepped down from the dais. Mr. Frankel moved to approve Item 9.A.A., seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 4 to 0 vote. 9.A.A.A. CONTRACT AWARD TO CHAZ EQUIPMENT COMPANY, INC. IN THE AMOUNT OF $41,610.00 FOR REHABILITATION OF LIFT STATIONS 84C, 90A, 11B AND 108 AS PART OF THE ANNUAL LIFT STATION REHABILITATION PROGRAM. FUNDING IS AVAILABLE FROM 442-5178- 536-68.15 (W & S RENEWAL & REPLACEMENT FUND: IMPROVEMENTS OTHER/LIFT STATION REHABILITATION). Commissioner Eliopoulos stated he pulled this item because the President of this company has been in the news recently. Mr. Eliopoulos stated he wants to make sure that should the Commission go this route, that it is the right decision, and if not, consider going with the second lowest bidder. Randal Krej carek, City Engineer, stated staff has had numerous conversations with Mr. R. Howard Wight who has assumed the role of President of Chaz Equipment and he has assured the City that he has taken over the day-to-day operations and he had nothing to do with the allegations that are against the former President of Chaz Equipment. Mr. Krej carek stated with regards to the award staff is asking for tonight, staff did go through the process to get the quotes from three different companies to do the work and Chaz Equipment was the lowest bidder. Therefore, Mr. Krej carek stated this is why staff is recommending them at this time. Mr. Eliopoulos stated he cannot support this. Mr. Fetzer asked the City Attorney for his viewpoint. The City Attorney stated it is his understanding that there has been no formal action taken against the Prinicpal of Chaz Equipment yet and the City has not been informed of that. The City Attorney stated there is nothing legally that would prohibit the Commission tonight from awarding it to Chaz Equipment; however, if the Commission were to decide not to, the City has enough language in its bidding documents that if they were to decide to award to the second low bidder then that would be okay as well considering the issues that have 8 OS/11/10 enveloped Chaz Equiprrzent. Mr. Frankel stated if the Commission decides to award this to Chaz Equipment is there any potential for the business to be shut down because of the potential allegations. The City Attorney stated there is always the potential that something like that could happen. The City Attorney stated the City can award to a company as long as they have not been debarred by State Statute or they aren't on a convicted vendor list. Mrs. Gray stated she is not so sure we should be going on appearance. She stated that the company has not done anything wrong, just the President, and he has not been convicted of anything as of now. Mrs. Gray stated she is afraid that if we do not award them this contract this may come back to haunt the City because they are the lowest bidder and staff recommended them and the company has not been charged with anything to this point. The City Manager stated this is a competitive bid situation and they have not been convicted of anything nor is the City presuming them guilty until proven innocent. Mr. Eliopoulos stated you have throw caution when dealing with the public and the companies that the City hires. He stated he is not saying they are guilty; however, he feels the City needs to be cautious about this. Mayor McDuffie asked if there is an indictment. The City Attorney stated he believes that the President of Chaz Equipment has been charged or was arrested. Mayor McDuffie stated it will be another 50% over the top of this bid if we do not have someone that is indicted or been convicted at this point, he does not think the company is going to fall from one person. Therefore, Mayor McDuffie stated he supports going ahead with it. Mr. Fetzer stated he shares Mr. Eliopoulos' concerns that appearance is very important with this matter. However, Mr. Fetzer stated he cannot justify paying for this another 50°/© so he supports approving this item. Mr. Fetzer moved to approve Item 9.A.A,A. {formerly S.S.2.}, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos - No. Said motion passed with a 4 to 1 vote, Commissioner Eliopoulos dissenting. At this paint, the time being 6:52 p.m., the Commission moved to Item 9.A. 9.A. RATIFICATION OF THE COLLECTIVE BARGAINING AGREEMENT WITH /PROFESSIONAL, FIRE FIGHTERS AND PARAMEDICS OF PALM BEACII COUNTY, LOCAL 292, IAFF, INC.: Consider approval of a collective bargaining agreement with the Professional Fire Fighters and Paramedics of 9 OS/11110 Palm Beach County, Local 2928, IAFF, Inc. effective October 1, 2008 through September 30, 2011. Bruce Koeser, Human Resources Directox, stated the Fire Union Local 2928, IAFF has ratified the City's Collective Bargaining offer. Mr. Koeser stated highlights of the offer are as follows: a 3-year agreement retroactive back to October 1, 2008 to extend through September 30, 2011, and agreement to open up articles on pension regarding retiree insurance (VEBA) for next fiscal year beginning October 1, 2010; and, the union may reopen the article regarding overtime far negotiation for the same time period. Mr. Koeser stated this is a one-year step movement which is 4.8% and one year of wage freeze as well. Staff recommends approval and ratification of this agreement. The City Commission thanked Mr. Koeser and Jim Tabeek for a great job. Mr. Frankel moved to approve the Ratification of the Collective bargaining Agreement with the Professional Fire Fighters and Paramedics of Palm Beach County, Local 2928, IAFF, Inc., effective October 1, 2008 through Septerber 30, 2011, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -- Yes; Mrs. Gray -- Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.B. CHANGE ORDER NO. 3/H.A. CONTRACTING CORPORATION/OLD SCHOOL S IJARE WINDOW HARDENING PROJECT: Consider approval of Change Order No. 3 to H.A, Contracting Corporation in the amount of $30,999.02 for additional scope due to unforeseen window conditions encountered during construction, for the Old Schoal Square Window Hardening Project. Funding is available from 334-4151-572-46.08 (General Construction Fund: Repair & Maintenance Services/OSS Window Replacement). Randal Krejcarek, City Engineer, stated staff is requesting approval for Change Order Na. 3 to H.A. Contracting in the amount of $30,999.02 for some unforeseen framing that staff found in the Cornell Museum when they took out the existing windows before they put the new ones in. Mr. Krejcarek stated when staff started the project they took random samples of some of the windows in the various buildings out and they did not come across this type of framing so that is why staff did not anticipate it. Mr. Eliopoulos stated on the Consent Agenda there was an additional service for the architect to work on some door details and asked if staff anticipates a change order now when those come through. Mr. Krejcarek stated the original scope of work for all twelve doors was to put a covering over the doors. He stated the three doors that the service authorization and the Consent Agenda covered were the north door on the gym and the west door on both the theatre and the Cornell Museum to not cover them but to actually restore them in a histaric hardening. Mr. Krejcarek stated that was not in the original scope of the work so if staff proceeds with that alternate with the design that is 10 05/11/10 going to be proposed, as far as the service authorization, there probably will be a change order. Mr. Eliopoulos asked why staff did not do the details in the first go around to already have the price. Mr. Krejearek stated when staff started this project the grant was just for the windows not for the doors. He stated the doors were added on after the City received the grant and after they dad started the project. Mr. Krejcarek stated whenever they talk about doors they are always talking about something that was not in the original scope. Mr. Frankel moved to approve Change Order No. 3/H.A. Contracting Corporation in the amount of $30,999.02 for additional scope due to unforeseen window conditions encountered during construction for the Old School Square Window Hardening Project, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Gray ---- Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes; Mr. Frankel--Yes. Said motion passed with a 5 to 0 vote. 9.C. Bl[D AWARD/COMPLETE PROPERTY SERVICES OF SOITTI~ FLORIDA, INC.: Consider approval of a bid award to Complete Property Services of South Florida, Inc. in the annual estimated cost of $84,365.00 for landscape maintenance of the I-95 Interchanges; Atlantic Avenue and Linton Boulevard, and S.W. 10th Street overpass. Funding is available from 119-4144-572-4G.40 (Beautification Trust FundlRepair & Maintenance Services/Beautif cation Maintenance). Linda Karch, Director of Parks and Recreation, stated the City Commission is requested to approve the bid award to Complete Property Services of South Florida, Inc. for landscape maintenance of the I-95 interchanges, Atlantic Avenue, Linton Boulevard, and S.W. 10th Street overpass for an estimated annual cost of $84,365.00 for Bid #2010-21. Ms. Karch stated bids were received and opened on March 12, 2010 from 13 landscape and maintenance contractors all in accordance with City purchasing policies and procedures. She stated after a check of references, equipment and available staff, the Director of Parks and Recreation and the Parks Superintendent originally recommended award to the low bidder, Lawn Wizard, USA, Inc. On April 26, 2010, Lawn Wizard, USA presented the City a letter of withdrawal for Bid #2010-21. Ms. Karch stated out of the 13 bids on March 12, 2010 Complete Property Services of South Florida, Inc. was the next bidder that was in full compliance with the requirements of the bid request. The remaining vendors with bids lower than Complete Property's did not meet bid requirements. Ms. Karch stated Complete Property Services of South Florida, Inc. is a current vendor for landscaping of other areas and is performing very well for the City. Staff recommends the annual contract award to Complete Property Services of South Florida, Inc, for bid #2010-21 at an annual estimated cost of $$4,365.00. Mr. Eliopoulos moved to approve the Bid Award to Complete Property Services of South Florida, Inc. for bid #2010-21 at an estimated annual cost of $$4,365.00, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 11 05/11/i 0 9.D. BID AWAIZD/RUST-OFF, INC.: Consider approval of a bid award to Rust-Off, Inc., the second lowest biclder, in the annual estimated cost of $34,000.00 at $1.55 per gallon ordered "as needed" for anti-rust chemicals in the City's irrigation system. Funding is available from 119-4144-572-52.21 (Beautification Trust Fund/Operating Supplies/Chemicals). Linda Karch, Director of Parks and Recreation, stated this item is to approve the bid award to the second low bidder Rust-Off, Inc. for anti-rust chemicals in the City's irrigation system for an estimated cost of $34,000.00 at $1.55 per gallon on an "as needed" basis. Anti-rust chemicals are needed for the City's irrigation system for rust removal, prevention, treatment, and maintenance for rusty water. Bids were received and opened on April 21, 2010 from fve (5) rust chemical providers all in accordance with city purchasing policies and procedures. She stated NextEra Landscaping was the apparent low bidder. After doing reference checks, staff found an unfavorable reference from Miami-Dade County and the contract was terminated for submitting false or fraudulent claims. In addition, Ms. Karch stated according to other references they were not doing the scope of work that staff was asking for. Staff recommends awarding Bid #2010-28 to the second lowest bidder Rust-Off, Inc. at an estimated annual cost of $34,000.00 an as "as needed" basis. Mr, Frankel moved to approve the bid award to Rust-Off, Inc. (second lowest bidder) at an annual estimated cost of $34,000.00 ordered "as needed", seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -- Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 10. PUBLIC 1rIEARINGS: A. NONE. At this point, the time being 6:59 p.m., the Commission moved to Item 11, Comments and Inquiries an Non-Agenda items from the City Manager and the Public. 11.A. Ci Nlana er's res onse to rior nblic comments and in uiries. The City Manager stated at the Last Commission meeting there was a question raised about a company called Infiniti Sales Group moving from Delray Beach to Boca Raton. As reported in the Palm Beach Post, this company is taking 340 people already employed in Delray and moving them to Boca Raton and adding 200 new positions. In September 2009, Kelly Smallridge with the Business Development Board did contact Francisco Perez~Azua, Economic Development Director about this company looking for 50,000 square feet of office space. Ms. Smallridge also told him the company was essentially a call center and there are not that many locations with 50,000 square feet of off ce space in Delray Beach ready to move in. The City Manager stated after doing some research it was found that Arbors did have some space but it was not all contiguous 12 OSII 1110 and that information was passed on to Ms. Smallridge. The City Manager stated Mr. Ken Rosen had Mr, Perez-Azua's contact information but he never called most likely because there are many empty office buildings in Baca Raton with very good deals on rent. He stated although it is difficult to lose a paying tenant in one of Delray's buildings we need to keep in mind that jobs moving to Boca Raton are not necessarily jobs lost to the community. Secondly, the City Manager stated also at the last meeting a reference was made to developable areas in the Southwest neighborhood known as Auburn Trace/Carver Estates and the potential for 400 low income government subsidized housing units. This area currently has approval far the Villages of Delray containing 192 residential units which will be targeted for low income at b0% of the average median income. The balance of the multi-family areas to the south and north have the following development potentials: the south parcel known as Village Square is approved for 326 mixed income units containing 110 townhouses and 216 residential condominium units. This approval is currently being considered for modification by the Delray Beach Housing Authority and they have reduced their densities and the RFP that they have out on the street. The City Manager stated that the north parcel contains 19 acres and no development proposal has been submitted. He stated to be consistent with the Southwest Redevelopment Plan a mixed income project would be appropriate and maximum densities are 18 units per acre for a maximum unit count of 343 units. Therefore, the City Manager stated collectively these three sites contain 48 1/2 acres and could potentially house up to a maximum of 8b1 units but as far as any low income or subsidized units we are looking at 192 units. The City Manager stated there was also concern expressed over the staffing in the Police Department and according to Chief Strianese it appears that Mr. Kirson is referring to some of the conversations they had at the Police Advisory Board Meeting. The City Manager stated the City has 13 positions filled with a combination of certified and non certified individuals. Additionally, they are in various stages of our program from solo patrol, field training officer, and attending different academies. The City Manager stated the reasons for this type of hiring are many most important being that we maintain very high standards and do not just fill spots to avoid vacancies. Secondly, the Police Department staggers their hiring and training to meet budget demands and not flood the f eld training program, The City Manager stated it does the Police Department no good to have rookie off cers waiting around for a field training off cer to become available and we will not lower our standards to obtain extra trainers to just push people through the process. The City Manager stated that Chief Strianese has reported that there are $ vacancies and they axe in the process of finalizing background checks on a number of individuals and anticipate 4-6 in the near future all of whom will be certified. He stated the Police Department is down 8 officers not 20 and it is true that right now there are approximately 19 positions that cannot on their own answer a police call for services and have been operating Iike this for quite some time and have done so many times in the past. The City Manager stated the Police Department are and have been deploying adequate staffing and what is impacted most is the officer's ability to get time off. With respect to the crime rate, it is true that we have seen an increase this 13 05/11/10 calendar year. However, many factors play a role and examples include the United States coming off of a ten year decrease, the current recession, record unemployment in the state, foreclosures, and substantial cuts to social services and both the criminal justice (courts) and corrections departments nationwide. The City Manager stated they are working toward being adequately positioned in terms of both staffing and deployment to address the coming year. 11.8. from the Public. 11.B,1. Susan Litchfield, 931 Gardenia Drive, Apt. #369, Delray Beach, PL 33483 (Tropic Bav~, expressed concern regarding some changes in the zoning on Federal Highway at the Ralph Buick property that backs the Tropic Isle community. Mrs. Litchfield stated she is concerned over the impact of an 80,000 square foot big-box store east of the Intracoastal open 24 hrs a day seven days a week with tractor trailers an her skinny side street, nighttime deliveries, trash and increased traffic. She feels that the local businesses would diminish or disappear and Wal-Mart would not fit into her eastern community like other mid-side merchants would. Mrs. Litehf e!d urged the Planning and Zoning Board not to change the zoning for this plan and reconsider a more appropriate plan for its future use and urged the City Commission to reject the zoning change as well. 1LB.2. Ra Kem f President of the Tro is Ba Condominium Association ©rr a oulevard, „ Delray Beach, ~'L ,,,,,33483, read a brief statement into the record regarding the Ralph Buick property rezoning approached from economic issues. Mr. Kempf stated he sees two possible reasons that a municipality might welcome Wal~ Mart; possible addition of jobs and possible additional tax revenue. He stated since what Wal-Mart sells is already being purchased and consumed by the community it stands to reason that the consumer will switch their purchases from existing local merchant to a Wai-Mart. Mr. Kempf stated a study by the University of California reports "since Wal- Mart requires fewer employees per sale, a net loss in jobs will result after the initial Wal- Mart opening and concluded that they don't create jobs they destroy them." Mr. Kempf stated Wal-Mart sets up a captive real estate investment trust on their physical operation and charge rent to themselves; the rent revenue is moved to tax-friendly Delaware affecting state and federal tax revenue. He stated a study revealed that Wal-Mart aggressively challenges 35% of its retail store tax assessments and is successful 45°/© of the time at getting their local tax reduced. Mr. Kempf stated in Hernando County, Florida, Wal-Mart last a sales tax suit but it cast the County $100,000.00 in legal fees. Mr. Kemp stated the community does not need a zoning change at this time and does not need three Wal-Marts within a two mile radius of the intersection of Atlantic Avenue and Federal Highway. 11.B.3. Barbara Schork 931 Gardenia Drive Unit #265 Delra Beach FL 33483 (Tr©pic Bayl, stated there is no direct access to that property from the southbound side of Federal Highway and this would necessitate opening up the center median probably installing a traffic Iight or having people make U-turns at the corner of La Mat Avenue and Federal Highway which is the entrance to Tropic Bay. She expressed concern over public safety and urged the Commission to take this into consideration 14 05/11/10 when Wal-Mart presents their plan. 11,B.4, John Callahan, 2649 Florada. Boulevard„ eh, FL ~,., , #1.1.,~.~,, I9,e1raY,,, Bea ,... 33483, stated the small businesses are low intensity with little traffic generated outside the neighborhood with the exception of the auto dealerships; however, a consideration of a change in zoning that would allow very intense usage on this site is disturbing to the neighbors. Mr. Callahan stated a proposed change of this size that will impact this community so greatly needs maximum public discussion. He stated although many residents from Tropic Bay are present this evening 80% of the residents of Tropic Bay have left for the summer. He stated the residents of Tropic Bay would like to see more of delay in this process and gather moxe community input. Mr. Callahan stated the property has been vacant far several years and a few extra months delay will not affect the project negatively and the Commission will have the opportunity to hear the pros and cons. ll.B.S. Ger Franciosa 939 Eve Street Delra Beach FL 33483 (representing Progressive Residents ,.of Delray), stated PROD is opposed to the rezoning of the Ralph Buick property. Mr. Franciosa stated the community has hired Land Use Attorney Michael Weiner to represent the community. He stated this is an ugly project and does not understand why Paul Dorling, Planning Director is in favor of this project. Mr. Franciosa urged the Commission to consider the impact on the neighborhood. Mr. Fetzer stated he has had several residents who have asked him if due to the seasonal nature of Tropic Bay if there is a legal way to postpone the rezoning. Mr. Fetzer stated Wal-Mart had requested to postpone the rezoning from May to June with the Planning and Zoning Board and asked if the City has the prerogative to postpone that hearing any further as a result of the request these residents are making. The City Attorney stated the City has to follow the City's Land Development Regulations (LDRs) and there are certain timeframes in the LDRs that when a development regardless of that development comes into the City and makes an application then there are certain things that we have to comply with, The City Attorney stated he is not aware of any ability of us to say that we have the right to postpone or to slow up a project because of a request from someone other than the applicant themselves. The City Attorney stated he cannot think of a reason why we could be able to do that; however, he can look at the LDRs but believes there are certain timeframes that the City has to comply with. Mr. Fetzer requested that we look at the LDRs and see if there is a legal way that we can postpone this. 12. FIRST READINGS: A. N®NE At this point, the time being '7:22 p.m., the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items from the City 11'Ianager, City Attorney, and City COmmlBSion. 15 OS/11/10 13. OOMMENTS ANII INQUIRIES ON NON-AGENDA ITEMS. 13.A. C'ity_Mana~er The City Manager stated the event producer of the film festival on Saturday, March 20, 2010 right before the March 21~~ event emailed the alcohol license. He stated Robert Barcinski, Assistant City Manager, saw the license when he returned to work on Monday. The City Manager stated this was a last minute submittal after staff advised the event producer on Friday that the event would 6e closed down if the City did not receive their license. He stated they were directed to fence off the bear garden area and the City left barricades which were used but they did not provide security and it became a problem for police. The City Manager stated the City is not aware of the fight on the property and the Police Department has no record of a fight. He stated after the Commission reviewed this item and approved it with conditions the Old School Square Board revisited their position and policy, After discussion, the City Manager stated their Board only required a $1,500.00 deposit up front with a signed contract by a certain date. The City Manager stated the final full payment was required to be paid thirty days after the event. He stated the City defers to the Board's change in position. The City Manager stated a contract was signed, a deposit made, and we understand that a partial final payment has been made to Old School Square. Secondly, the City Manager stated this morning he attended the Palm Beach County Regulatory Climate Workshop. He stated the workshop was very interesting and they had approximately 150 people in attendance. The City Manager stated it was very productive and they talked about ways we can do a better job of communicating with people who come in seeking various kinds of development approval with their architects and engineers and how we can better educate all the communities throughout Palm Beach County and Best Practices and how to make the whole process work better. Lastly, the City Manager stated Saturday evening he attended an event with Commissioner Gray where she was honored by the Knights of Pythagoras as one of five women that were honored on Mather's Day for their contributions to the community. 13.5. City Attor~nev The City Attorney had no comments and inquiries on non-agenda items, 13.C. City Corramission 13.0.1. Mr. Fetzer Mr. Fetzer stated he had a discussion with the City Attorney today and one of the things discussed in the Strategic Planning Session was to approach Waste Management and see if we can come to some agreement with them about simplifying the contract without having to wait to the contract expires which is several years away. Mr. Fetzer stated he agrees with the City Attorney that the City should not have any 16 05/11/10 discussions with Waste Management about trying to change this contract until we can put these issues to rest. He stated he understands there has been some progress made with the Financial Review Board (FRB). Mr. Fetzer asked the City Manager to provide a recap at the next Workshop meeting on what issues are still outstanding with Waste Management and where we go from here. 13.C.2. Mr. Eliop€~nlos Mr. Eliopoulos stated the Commission received recommendations from Mr. Jack Warner of the Financial Review Board (FRB) and asked if the Commission will be having a Workshop meeting with them to discuss these recommendations. The City Manager stated that was Mr. Warner's recommendation and is not something that has been endorsed by the entire Board. Mr. Eliopoulos asked the City Manager to keep the Commission abreast of what the Financial Review Board decides. Secondly, Mr. Eliopoulos inquired about the status of the final report from the R.A.C.E. Relations consultant. The City Manager stated he is not sure when the City will be receiving it although it is being written. The City Manager stated there was a follow-up email that Commissioner Fetzer had forwarded to him and he should have a response to that email tomorrow and will send it to the Commission. He stated he attended the Bus Shelter Opening last Thursday and it was a great event. Mr. Eliopoulos stated he attended Career Day at Orchard View Elementary School. Lastly, Mr. Eliopoulos stated he was a panelist for the election for Historic Month and commented about Sam Ogren, Sr., the Father of Architecture of Delray Beach. Mr. Eliopoulos stated Mr, Ogren's son-in-law was here who worked underneath him anal the turnout was great. Mr. Eliopoulos stated there were a lot of questions from people about the architecture and what Mr. Ogren did in our community and Palm Beach County. 13.C.3. Mrs. Gray Mrs. Gray stated she received telephone calls from residents regarding the Caring Kitchen. She stated the residents are concerned with safety, trash, etc. and asked if the American Legion Hall is the City's building and asked that staff provide the Commission with information regarding this. Secondly, Mrs. Gray thanked Linda Karch and staff for working on the prices for summer camp. Mrs. Gray stated the cost for the summer camp has increased substantially and there were complaints from residents so Mrs. Karch has opened up another camp at Pine Grove Elementary School for half the price. Mrs. Gray stated the children will not be going an field trips but they will be in a safe environment. 17 05/11/10 Mrs. Gray stated a couple of weeks ago she mentioned that Palm Beach School Board had sponsored an Undoing Racism Workshop for three days and she did not mention the sponsors which is the Palm Beach County School Board and Dr, Robinson. She stated the Knights of Pythagoras Awards Banquet was wonderful last weekend. Mrs. Gray stated on Saturday Atlantic High School students will be graduating and she will be on stage congratulating the graduates along with Dr. Weigel. Lastly, Mxs. Gray stated on Sundays she runs on the beach and there is a problem with dogs being allowed an the beach and owners not picking up after them. 13.C.~. Mr. Frankel Mr. Frankel stated he was approached by employees of Lemon Grass who ride their bikes and park and lock their bikes out back. He stated their bikes have been stolen. Mr. Frankel stated the City Manager, Mr. Barcinski, and he approached Len:~on Grass and asked them to put a bike rack on that block and it was installed today. Mr. Frankel thanked everyone involved in getting this bike rack. Secondly, Mr. Frankel stated Sports Illustrated had a nice spread on the Bryan Brothers and we always hear how the sponsorship of the tennis tournament does not pay off. Mr. Frankel stated Delray Beach was mentioned several times in the article and noted the reporter from Sports Illustrated attended the tournament, The article cast a very good light on Delray Beach and it was very good for the sponsorship monies that the City allocates to the tournament. 13.0,5. 11~ayor McI)uffie Mayor McDuffie stated he received a parent's view of the first baseball game played on the new Miller Park and he also received a letter from Delray Beach National Little League in their opening day book. Secondly, Mayor McDuffie stated he and the City Manager attended the Palm Beach County School Board Event and this is their private partnership meeting and they give awards out to all of their partners across the County. Mayor McDuffie stated this year Delray Beach was the last award given because we were the highest award to give. He stated Delray Beach was presented the Partnership Hall of Fame Award which is the highest level they give. Mayor McDuffie stated everyone realizes the focus Delray Beach puts on education and he feels we were rewarded for that. The City Manager stated he informed Lula Butler, Director of Community Improvement that we should arrange for some occasion to recognize the Education Board and Janet Meeks for the part they played in winning that award. The City Manager also stated that International Tennis Championships received an award in the tourism category and the City's Kids and 18 05/11/10 Cops Program received an award and were nominated by Crosspointe Elementary because many of the Delray Shores children attend Crosspointe. Mayor McDuffie stated the City of Delray Beach was nominated by Atlantic High School. Mayor McDuffie stated he attended a Minority and Women Business Enterprise Meeting with four gentlemen recently and promised therm that he would bring it to the attention of the Commission. He stated there are some people in the community that are concerned about it and he would like them to have their opportunity to speak to the Commission and understand the way the City is approaching this. Mr. Eliopoulos stated he requested that Lula Butler, Director of Community Improvement do some research on what other municipalities do and what opportunities are out there. He stated he received a letter from the VFW Post 4141 and they own their building free and land free and clear and one of the things they talked about was possibly a swap with us for some land someplace else in the community and they also asked if they could have outside dining and that the City waive the fees. The City Manager stated one of their representatives spoke to him awhile back and he gave him maps of all the land the City owns and the land the Community Redevelopment Agency {CRA) owns and also discussed this with the CRA. The City Manager stated Diane CoIonna thougbt the best thing for the VFW to do was to sell their present site to the CRA and take that money and go wherever they want to go. The City Manager stated if we were in different economic times they could probably have that site developed in such a way that tlrey could keep that all there and build something else that would generate income either at one time or ongoing. The City Manager stated staff will take a look at it. Mayor McDuff e stated April 27-29, 2010 he and Mr. Mike Malone, President and CEO of the Delray Beach Chamber of Commerce, were in Washington, D.C. and they discussed pain clinics, sober houses, US-1, and the beach. Mayor McDuff e stated they had a very productive trip. Mayor McDuffie stated in Florida, the Senate passed Senate Bill 2272 and believes this bill will give the City a start on pain clinics. He stated they did not come back with anything tangible regarding sober houses. Mayor McDuffie stated he feels very good about the funding for US-1 and for the Beach Renaurishment Project. He stated they were asked in Senator Nelson's office to reverse the order and request our transportation money f rst and the beach money second because they are funded in that order. Mayor McDuffie stated he and Mr. Malone also visited the Tanzania Embassy and noted that the Bill and Melinda Gates Foundation had granted three grants for waste treatment and cleanup to three cities in Tanzania of $115,000.00 {total $345,000.00). Mayor McDuffie stated they were warmly received. Mayor McDuff e stated they also went to the Japanese Embassy. Mayor McDuffie stated in 1912 the cherry trees were donated to Washington, D.C. by Japan so in two years the centennial of that day will be coming up. He stated it is a big event for therm and they asked Mayor McDuff e if Delray Beach would be interested in sharing in that event with them. Mayor McDuffie stated this is an exciting opportunity for Delray Beach to join in their centennial and they are cognizant of the fact that the temperature zones are different and the trees that came to Morikami were grown in Okinawa and that they would 19 OS/11110 probably provide more trees to us that were Okinawa grown so that we could hopefully have those trees bloom. Lastly, Mayor McDuffie stated the investor from Bucky Dent stepped up in a big way not only to help the City with what we are short financially, but to actually increase the size of the concession stand building and go back to two stories. He stated the City has been trying to groom the public/private partnership and have been working with Kaplan University to begin a baseball academy using the Bucky Dent baseball facilities and turning them into an academic facility also serving as a baseball academy. At this point, the time being 7:55 p.m., the Commission adjourned for the Closed AttorneylClient Sessi©n. 14. CLOSED ATTORNEYICLIENT SESSION pursuant to F.S. 286.011(8) re: the case of: City of Delray Beach v. Board of Trustees of the City of Delray Beach Police Officers and Firefighters Retirerrtent System, Case No. 50-2006-CA-007168- XXXX-MB. Attendees: Mayor Nelson McDuffie Commissioner Gary Eliopoulos Cormmissioner Fred Fetzer Commissioner Adam Frankel Commissioner Angeleta Gray City Manager David Harden City Attorney Brian Shutt James W. Linn, Esq. {via telephone} A certified court reporter Purpose: Discuss pending litigation in the above case. The City Attorney read the following statement into the record as required by law: "The City has scheduled a closed attorney-client session pursuant to Florida Statutes §286,011(8} in the case of: City of Delray Beach v. Board of Trustees of the City of Delray Beach Police Officers and Firefighters Retirement System, Case No. 50- 2006-CA-007168-XXXX-MB. The estimated length of the closed session shall he 20 minutes. The following persons will be attending: Mayor Nelson McDuffie, Commissioners Gary Eliopoulos, Fred Fetzer, Adam Frankel, and Angeleta Gray, City Manager David Harden, City Attorney Brian Shutt, James W. Linn, Esq. {via telephone}, and a certified court reporter." meeting. At this point, the time being 8:05 p.m., the Commission reconvened the 20 05/11/10 15. CONSIDERATION OF TIE PENDING APPEAL: Consideration of the pending appeal in the case of City of Delray Beach v. Board of Trustees of the City of Delray Beach Police Officers and Firefighters Retirement System, Case No. 50-2006- CA-007165-XXXX-MB. Mr. Frankel moved to withdraw the appeal in the case of City of Delray Beach v. Board of Trustees of the City of Delray Beach Police Officers and Firefighters Retirement System, seconded by Mr. Eliopoulos. Upon roll call the Corxxnission voted as follows: Mr. Fetzer -Yes; Mr. Eliopoulos -Yes; Mayor McDuffie -Yes; Mrs. Gray -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. There being no further business, Mayor McDuffie declared the meeting adjourned at $:06 p.m. v City Clerk The undersigned is the City Clerk of the City of Delray Beach, Florida, and the inforrnation provided herein is the Minutes of the Regular City Commission Meeting held on May 11, 2010, which Minutes were formally approved and adopted by the City Commission on Ma. 22,.010. 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. 21 05/11/10