06-19-07 Minutes RegJUNE 19, 2007
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Rita Ellis in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, June 19, 2007.
1. Roll call showed:
Present - Commissioner Fred Fetzer
Commissioner Woodie McDuffie
Commissioner Brenda Montague
Mayor Rita Ellis
Absent - Commissioner Gary Eliopoulos
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Dr. William Quick with Federation
of Christian Ministries.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
The City Attorney requested that Item 9.D., Resolution No. 37-
07/Contract for Sale and Purchase of Property/Community Redevelopment
Agency/Interlocal Agreement/Multiple Parking Lot Properties be moved to the
Public Hearing section as Item 10.A.A.
Mayor Ellis noted the addition of Item 9.M., Review of Lobbyists
Contracts to the Regular Agenda by addendum.
Mr. Fetzer moved to approve the Agenda as amended, seconded by Mr.
McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs.
Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0
vote.
5. APPROVAL OF MINUTES:
r Mrs. Montague moved to approve the Minutes of the Regular Meeting of
June 4, 2007, seconded by Mr. McDuffie. Upon roll call the Commission voted as
follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -
Yes. Said motion passed with a 4 to 0 vote.
06/19/07
Mr. McDuffie moved to approve the Minutes of the Workshop Meeting of
June 12, 2007, seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -
Yes. Said motion passed with a 4 to 0 vote.
6. PROCLAMATIONS:
6.A. Recognizing Bahamian Independence Day
Mayor Ellis read and presented a proclamation hereby proclaiming July
14, 2007 as Bahamian Independence Day in Delray Beach, Florida. John Dassi came
forward to accept the proclamation and gave a few brief comments.
7. PRESENTATIONS:
7.A. Government Finance Officers Association -Distinguished Budget
Award Presentation
Mayor Ellis read the press release into the record and presented the award
to Joseph Safford, Finance Director. Joseph Safford, Finance Director, came forward to
accept the proclamation and stated this is the 21S` consecutive year that the City of Delray
Beach has been awarded this plaque.
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. FINAL PLAT APPROVAL/YACHT CLUB AT DELRAY BEACH:
Approve the final plat for the Yacht Club at Delray Beach plat, located on the west side
of MacFarlane Drive, between Ingraham Avenue and Miramar Drive.
8.B. ACCEPTANCE OF RIGHT-OF-WAY DEEDS/133 AND 135 NW 5TH
AVENUE: Approve and accept the right-of--way deeds for the dedication of the right-of-
way from N.W. 5`h Avenue and the alley parallel to NW 5`h Avenue at 133 and 135 NW
5`h Avenue.
8.C. REQUEST FOR SIDEWALK DEFERRAL/25 NW 16TH STREET:
Approve a request to defer the installation of a sidewalk in front of 25 NW 16` Street.
Staff recommends approval.
8.D. REQUEST FOR SIDEWALK DEFERRAL/902 NW 2ND AVENUE:
Approve a request to defer the installation of a sidewalk in front of 902 NW 2° Avenue.
Staff recommends approval.
8.E. REQUEST FOR SIDEWALK DE
Approve a request to defer the installation of a sidewalk in front of 906 NW 2n Avenue.
Staff recommends approval.
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..- 8.F. REQUEST FOR SIDEWALK DEFERRAL/912 NW 2ND AVENUE:
Approve a request to defer the installation of a sidewalk in front of 912 NW 2" Avenue.
Staff recommends approval.
B.G. CONTRACT ADDITION (C.O. NO. 2)BLOCK 64 DRAINAGE
AND WATER MAIN IMPROVEMENT PROJECT/CHAZ EQUIPMENT
COMPANY, INC.: Approve Contract Addition (C.O. No. 2) to the Block 64 Drainage
and Water Main Improvements Project in the amount of $69,540.00 to Chaz Equipment
Company, Inc. for the replacement of a collapsed Sanitary Sewer Main located between
SW 3rd Street and SW 4th Street. Funding is available from 442-5178-536-65.33
(Water/Sewer Renewal & Replacement FundBlock 64 Improvements) after budget
transfer.
8.H. CONTRACT CLOSEOUT (C.O. NO. 2/FINALI/CHAZ
EOUIPMENT COMPANY, INC.: Approve a Contract Closeout (C. O. No. 2/Final) in
the amount of a $65,124.34 decrease and final payment in the amount of $35,428.19 to
Chaz Equipment Company, Inc. for the completion of the A-1-A Water Main Upgrade
Project. Funding is available from 442-5178-536-65.27 (Water/Sewer Renewal &
Replacement Fund/Other Improvements/SR A-1-A/East Atlantic Avenue/Pelican).
8.I. CONTRACT CLOSEOUT (C.O. NO. 2/FINALI/HORSEPOWER
ELECTRIC, INC.: Approve a Contract Closeout (C.O. No. 2/Final) in the amount of an
-- $11,047.50 decrease and final payment in the amount of $16,132.23 to Horsepower
Electric, Inc. for the completion of the US 1 at Tropic Boulevard Signalization Project.
Funding is available from 334-3162-541-65.68 (General Construction Fund/US 1 at
Tropic Boulevard).
8.J. CONTRACT CLOSEOUT (C.O. NO. 2/FINALI/ROSSO PAVING &
DRAINAGE, INC.: Approve a Contract Closeout (C.O. No. 2/Final) in the amount of
$19,167.10 and final payment in the amount of $83,345.24 to Rosso Paving & Drainage,
Inc. for completion of the Eagle Park Project. Funding is available from 380-4150-572-
63.23 (2004 G.O. Bond/Other Improvements/Neighborhood Parks).
8.K. PALM BEACH COUNTY GRANT/EMERGENCY MEDICAL
SERVICES/RESOLUTION NO. 36-07: Approve the application for anon-matching
grant to the Palm Beach County Department of Emergency Medical Services in an
estimated amount of $46,340.00 to purchase five (5) Stryker Model 6500 Power-Pro
Ambulance Patient Stretchers; and approve Resolution No. 36-07.
The caption of Resolution No. 36-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REQUESTING
FUNDS FROM THE PALM BEACH COUNTY
EMERGENCY MEDICAL SERVICES GRANT AWARD
PROGRAM FOR FY 2007/2008.
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(The official copy of Resolution No. 36-07 is on file at the City Clerk's
office.)
8.L. SPECIAL EVENT REOUEST/30th ANNUAL ROOTS CULTURAL
FESTIVAL/YOUTH AND ADULT BASKETBALL TOURNAMENTS: Consider
approval of a special event request from the Roots Cultural Festival, Inc. for a Youth
Basketball Tournament proposed to be held from 6:00 p.m. - 11:00 p.m. on July 20,
2007, 9:00 a.m. -11:00 p.m. on July 21, 2007 and 9:00 a.m. - 6:00 p.m. on July 22, 2007
and the Adult Basketball Tournament proposed to be held from 6:00 p.m. - 11:00 p.m. on
August 3, 2007, 9:00 a.m. - 11:00 p.m. on August 4, 2007 and from 9:00 a.m. - 6:00
p.m. on August 5, 2007; authorize staff support for security and signage; waiver of
facility rental fee for City facilities and event signage to be installed no earlier than ten
(10) days prior to the event; contingent upon sponsor providing a liability insurance
certificate, and a hold harmless agreement.
8.M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period June 4, 2007 through June 15, 2007.
8.N. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Caler, Donten, Levine, Druker, Porter & Veil,
P.A. for professional audit services for FY 2007 in the amount of
$105,800.00; FY 2008 in the amount of $112,150.00; and FY 2009
in the amount of $118,900.00. Funding is available from various
departmental operating budgets.
2. Contract award to the Florida Coca-Cola Bottling Company for a
three (3) year contract with the option to extend the contract for
one (1) three (3) year period for beverage vending services and
fountain services.
Mr. McDuffie moved to approve the Consent Agenda, seconded by Mr.
Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr.
McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4
to 0 vote.
9. REGULAR AGENDA:
9.A. REQUEST FOR REFUND OF CODE ENFORCEMENT BOARD
LIEN: Consider a request to refund $2,500.00 of a $3,000.00 Code Board Lien paid in
January by Michael Lefebvre. Staff recommends denial.
Al Berg, Assistant Director of Community Improvement, stated this is a
request for a refund in the amount of $2,500.00 of a $3,000.00 Code Enforcement lien
paid in January. The property owner was cited for a dilapidated wooden fence at rental
property he owns at 3301 Spanish Wells Drive in April 2006. Notices were posted on the
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,_ property and were sent to the address in New Hampshire and were returned "Not
Deliverable, Attempted -Not Known, Unable to Forward." The Code Enforcement
Board held a hearing on the case in July 2006 and found the property owner guilty. The
Board allowed 30 days to fix the fence and imposed a fine of $50 per day for non-
compliance. The owner was not present at the hearing. In October, the City filed a lien
for $3,000.00 which was owed at that time. The property was not brought into
compliance until January 10, 2007 because the property was being refinanced and the lien
was discovered. The owner appeared before the Code Enforcement Board on April 10,
2007 and claimed he was never served notice by the Board and asked the Board to reduce
the fine and refund $2,500.00. The City Attorney advised that they did not have that
authority and recommended that the matter be reviewed by the City Commission. Mr.
Berg stated there was a note in the file that the property owner called on May 18, 2007
and stated they would have the property fixed and repaired. However, this is the only
contact staff had with the property owner. Staff recommends that the property owner not
be refunded $2,500.00.
The City Attorney asked if the City had notice of any other address. In
response, Mr. Berg stated on January 10, 2007 the property owner provided the City with
an address in New Hampshire well after the lien was filed.
Mr. McDuffie stated the addresses in the Property Appraiser's database
are processed through a contract service to the United States Postal Service (USPS)
^' called NCOA (National Change of Address) every 180 days otherwise they lose their
mass mailing and bulk mailing discounts. He stated if that move had been filed with
USPS it would have been picked up because they run in May and November.
Mr. Fetzer moved to approve the request for refund of a Code
Enforcement Board lien, seconded by Mr. McDuffie. Upon roll call the Commission
voted as follows: Mr. McDuffie - No; Mrs. Montague - No; Mayor Ellis - No; Mr.
Fetzer - No. Said motion was DENIED with a 4 to 0 vote.
9.B. CANCEL AND RE-WRITE OF EXCESS PROPERTY INSURANCE
PROGRAM: Consider a request for approval to cancel and re-write current excess
property insurance program to take advantage of "pre-hurricane" season current low
insurance rates.
Bruce Koeser stated due to the uneventful hurricane season last year rates
are down. Therefore, the City has a chance to cancel and re-write excess property and
liability coverage and this is a chance to save approximately $411,000.00. Mr. Koeser
stated we would have to cancel what is in place right now, sign up effective tomorrow
with new carriers and noted there is an additional $10,000,000.00 in coverage per
property.
Lisa Rodriguez gave a brief overview of the City's insurance.
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Mrs. Montague moved to approve to cancel and re-write the City's current
excess property insurance program, seconded by Mr. McDuffie. Upon roll call the
Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -
Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote.
9.C. LAKEVIEW GOLF COURSE RECLAIMED WATER MAIN:
Consider a request to authorize staff to proceed with design Option #2 for providing
reclaimed water to the Lakeview Golf Course, which includes modifying an existing lake
for receiving and re-pumping of water in conjunction with the construction of
approximately 3,025 linear feet of reclaimed water main at an estimated cost of
$358,600.00.
Richard Hasko, Director of Environmental Services, stated this involves
extending reclaimed water to the Lakeview Golf Course. He stated when the City gets
into the construction phase of this staff is going to be recommending the more expensive
of the two options that has been presented from the consultants. Mr. Hasko stated with
the reclaimed areas 2 and 3 systems staff brought reclaimed water lines down Lowson
Boulevard to service the Hamlet and also extended down to Dover Road and left a stub
for service to the Lakeview Golf Course. He stated staff needs to get a line from Dover
Road to the existing pump station on the golf course. The cost for Option #1 is
$265,100.00 which involves extending a line through the golf course and constructing a
small booster pump station because the pressure that is required in the larger irrigation
system for the golf course is much higher than is available in the line coming from the
plant. This would tie into the irrigation system for the golf course and the existing
system would remain as a backup source. Mr. Hasko stated for a user of this magnitude
of flow if you do not have on-site storage and if there is a pump connected to the
transmission system and it is sucking directly out of the pipe directly from the plant that
puts a very heavy flow on the plant. He stated if there are many users doing that at one
time, it stresses out the transmission system. Mr. Hasko stated staff has so far been
successful with the municipal golf course, the Hamlet, and Delaire by creating on-site
storage in the form of a lake. Therefore, the reclaimed product is pumped directly into
the lake all day at a much slower rate so when the golf courses who irrigate at night turn
their systems on then they get the water from the lake so that they are not all coming out
at one time and placing the demand on the transmission system. Mr. Hasko stated the
only option to that is to spend million of dollars to put more storage tanks at the
wastewater plant. He stated Option #2 is $358,600.00 which includes modifying an
existing lake for receiving and re-pumping of reclaimed water in conjunction with the
construction. He stated the increased cost differential is $93,500.00 and is recommended
for large users given that the on-site storage capacity offers flexibility in receiving
reclaimed water during off-peak times.
Mrs. Montague inquired about the expansion of the existing lake and
asked if there is flexibility in the dollar amount. In response, Mr. Hasko stated these are
estimates because staff has not done any engineering on this yet. Mr. Hasko stated staff -
is pretty certain how much per foot a line will cost and staff has put some inflationary
factors in to accommodate for that. Staff is comfortable with this figure; however, it
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could vary when staff gets into the final design stage. He stated the cost will be funded
from the Water and Sewer Fund.
Mrs. Montage moved to approve to authorize staff to proceed with design
Option #2 for providing reclaimed water to the Lakeview Golf Course, seconded by Mr.
Fetzer. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Fetzer -
Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote.
9.D. THIS ITEM HAS BEEN MOVED TO THE PUBLIC HEARINGS
PORTION OF THE AGENDA AS ITEM 10.A.A.
9.E. AUTHORIZATION TO PARTICIPATE IN CLASS ACTION
LAWSUIT AGAINST ARTHUR J. GALLAGHER ENTITIES: Consider a request
for authorization to participate in the Class Action Lawsuit regarding insurance brokerage
and employee benefit insurance antitrust litigation against Arthur J. Gallagher Entities.
The City Attorney stated this is a common scenario where a Class Action
lawsuit is filed all over the country and in this case not just with Arthur J. Gallagher
Entities but with other entities where someone thought a fee was too high. She stated
Arthur J. Gallagher settled this lawsuit to avoid the increased cost of litigation. The City
Attorney stated the City of Delray Beach has used Arthur J. Gallagher successfully;
however, with regard to this issue, the City would like to benefit from recouping any fees
that we would be entitled to. The City Attorney recommends participating in the Class
Action lawsuit against Arthur J. Gallagher Entities.
Mr. McDuffie moved to approve that the City of Delray Beach participate
in the Class Action Lawsuit against Arthur J. Gallagher Entities, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr.
McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4
to 0 vote.
9.F. AUTHORIZATION TO FILE APPEAL/MARGEUNE ST. JUSTE V.
CITY OF DELRAY BEACH: Consider a request for authorization to file an appeal to
the Fourth District Court of Appeals in the case of Margeune St. Juste v. the City of
Delray Beach.
The City Attorney stated the City has a motion pending before the court to
set aside the judgment. The hearing for the City is set for July; however, staff is
requesting that the Commission authorize an appeal should we need one and see how
staff does with the post verdict motions. The City Attorney stated if the post verdict
motions do not go in favor of the City then staff would like authorization to file an appeal
in the case of Margenune St. Juste v. the City of Delray Beach. In addition, the City
Attorney stated the City would also like to seek advanced authorization to solicit Amicus
Briefs from the Palm Beach County League of Cities, etc.
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Mrs. Montague moved to approve to file an appeal to the Fourth District
Court of Appeals in the case of Margeune St. Juste v. the City of Delray Beach subject to
the results of the post verdict motions and permission to seek Amicus briefs should it be
necessary, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows:
Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes. Said
motion passed with a 4 to 0 vote.
9.G. REJECTION OF BIDS/RFP 2006-057: Consider rejection of all bids
received in response to RFP 2006-057 regarding parking meters.
The City Manager stated at the Workshop meeting the City Commission
discussed parking meter replacement and we have agreed on a course of action. He
stated the responses the City received from the previous Request for Proposal (RFP) did
not allow staff to adequately evaluate the prices. Staff recommends rejection of all bids
and put out a new RFP.
Mr. McDuffie moved to reject all responses to Bid #2006-057, seconded
by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Montague -Yes;
Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4
to 0 vote.
9.H. NON-RENEWAL OF AGREEMENT/PREARRANGEMENTS OF
DELRAY, INC. Consider a request regarding the non-renewal of the contract between
the City and Prearrangements of Delray, Inc.; and authorize staff to send a Notice of
Non-Renewal to the same.
The City Attorney stated this is a request from Parks and Recreation to not
seek a renewal of the agreement with Prearrangements of Delray, Inc. She stated the City
of Delray Beach has a 20 year agreement that is expiring; however, there is a ten year
renewal period. The contract requires notification of non-renewal 180 days prior to the
end of the current term or renewal period or no later than July 1, 2007.
Joe Weldon, Director of Parks and Recreation, stated the City of Delray
Beach entered into this agreement 20 years ago and at that time the City Commission
wanted to see if the City could get a mausoleum complex built at the cemetery. In that
time, one mausoleum has been built that is half full. He stated Prearrangements of
Delray, Inc. is selling cemetery plots for the City of Delray Beach and receiving half the
income. Mr. Weldon suggested that the City of Delray Beach assume the duties that
were being performed by Prearrangements of Delray, Inc.
Mr. Fetzer moved to approve the non-renewal of the contract between the
City of Delray Beach and Prearrangements of Delray, Inc. and authorize staff to send a
Notice of Non-Renewal to Prearrangements of Delray, Inc., seconded by Mr. McDuffie.
Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Fetzer -Yes;
Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote.
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.._ 9.I. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT
AGENCY: Appoint one (1) regular member to the Community Redevelopment Agency
(CRA) for a four (4) year term ending July 1, 2011. Based upon the rotation system, the
appointment will be made by Mayor Ellis (Seat #5).
Mayor Ellis stated she wished to reappoint Tom Carney as a regular
member to the Community Redevelopment Agency (CRA) for a four year term ending
July 1, 2011. Mrs. Montague so moved, seconded by Mr. Fetzer. Upon roll call the
Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -
Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote.
9_J. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT
AUTHORITY: Appoint one (1) regular member to the Downtown Development
Authority (DDA) for a three (3) year term ending July 1, 2010. Based upon the rotation
system, the appointment will be made by Mayor Ellis (Seat #5).
Mayor Ellis stated she wished to reappoint Herman Stevens as a regular
member to the Downtown Development Authority (DDA) for a three year term ending
July 1, 2010. Mr. Fetzer so moved, seconded by Mrs. Montague. Upon roll call the
Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis
-Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote.
'° 9.K. APPOINTMENTS TO THE POLICE ADVISORY BOARD: Appoint
two (2) student members to the Police Advisory Board to serve unexpired terms ending
December 13, 2007 and December 13, 2008. Based upon the rotation system, the
appointments will be made by Commissioner Montague (Seat #4) and Mayor Ellis (Seat
#5).
Mrs. Montague moved to appoint Vanessa Francois as a student member
to the Police Advisory Board to serve an unexpired term ending December 13, 2007,
seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mrs.
Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said
motion passed with a 4 to 0 vote.
Mayor Ellis stated she wished to appoint Grace Maybee as a student
member to the Police Advisory board to serve an unexpired term ending December 13,
2008. Mr. McDuffie so moved, seconded by Mr. Fetzer. Upon roll call the Commission
voted as follows: Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs.
Montague -Yes. Said motion passed with a 4 to 0 vote.
9.L. APPOINTMENT TO THE PALM BEACH COUNTY HOMELESS
ADVISORY BOARD: Consideration of the appointment of the City Commission to the
Palm Beach County Homeless Advisory Board.
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Mayor Ellis stated she thought at first that maybe there was a way where
the Commission could utilize someone from the community in anon-profit organization
that deals with these sorts of issues and ask that they be the appointee to this Board.
However, the memo is asking for the Mayor or one of the Commissioners only and she
knows everyone has all the Boards they can really handle.
The Commission stated they would like more information as to when the
meetings are going to be, etc.
Mrs. Montague stated there are some people who are very active in the
community and if allowed, to investigate something other than the Commission
members, there maybe more appropriate choices.
Mr. McDuffie suggested appointing Chief Schroeder or a representative
from the Police Department to the Homeless Advisory Board because they are cognizant
of what goes on in the community.
The City Manager stated he will obtain more information about when the
meetings are going to be held, etc. and this will be brought back to the Commission at the
next regular meeting of July 10, 2007.
At this point, the time being 7:00 p.m., the Commission moved to the duly _
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A.A. RESOLUTION NO. 37-07/CONTRACT FOR SALE AND
PURCHASE OF PROPERTY/COMMUNITY REDEVELOPMENT
AGENCY/INTERLOCAL AGREEMENT/MULTIPLE PARHING LOT
PROPERTIES: Consider approval of Resolution No. 37-07 authorizing the City to
purchase certain parking lots located in the Seacrest Neighborhood and on S.W. 4th
Avenue for public parking; and approve Contract for Sale and Purchase between the City
and the Community Redevelopment Agency (CRA) in the amount of $10.00; and
approve an Interlocal Agreement between the City and the Community Redevelopment
Agency (CRA) for the transfer of the parking lots.
The caption of Resolution No. 37-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE CITY TO PURCHASE FROM
SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, AS DESCRIBED
HEREIN, HEREBY INCORPORATING AND
ACCEPTING THE CONTRACT STATING THE TERMS
AND CONDITIONS FOR THE SALE AND PURCHASE
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BETWEEN THE SELLER AND THE CITY OF DELRAY
BEACH, FLORIDA.
office.)
(The official copy of Resolution No. 37-07 is on file at the City Clerk's
The City Attorney stated this is for the Purchase and Sale and Interlocal
Agreement that provides for the transfer of five parking lots located in the Seacrest
neighborhood on S.W. 4`h Avenue across from the Police Department to the City.
Mayor Ellis declared the public open. There being no one else from the
public who wished to give testimony on this item, the public hearing was closed.
Mrs. Montague moved to approve Resolution No. 37-07 and approve the
Contract for Sale and Purchase between the City and the Community Redevelopment
Agency (CRA), seconded by Mr. Fetzer. Upon roll call the Commission voted as
follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -
Yes. Said motion passed with a 4 to 0 vote.
10.A. ORDINANCE NO. 21-07 (SECOND READING/SECOND PUBLIC
HEARING): Community Redevelopment Agency (CRA) initiated amendment to the
Land Development Regulations (LDR), amending Section 4.4.13, "Central Business
-- District (CBD)," Subsection 4.4.13(H)(1), to provide an exemption to the prohibition of
office uses on the ground floor of buildings on East Atlantic Avenue.
The caption of Ordinance No. 21-07 is as follows:
Office.)
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES,
BY AMENDING SECTION 4.4.13, "CENTRAL
BUSINESS (CBD) DISTRICT", SUBSECTION
4.4.13(H)(1), TO PROVIDE AN EXEMPTION TO
THE PROHIBITION OF OFFICE USES ON THE
GROUND FLOOR OF BUILDINGS ON ATLANTIC
AVENUE, EXTENDING FROM SWINTON AVENUE
TO OCEAN BOULEVARD, UNDER CERTAIN
CIlZCUMSTANCES; PROVIDING A SAVINGS
CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 21-07 is on file in the City Clerk's
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The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Ellis declared the public hearing open.
Kathy Fazio, 1118 Harbor Drive, Delray Beach, (speaking on behalf
of the Beach Property Owners Association), urged the Commission to consider the
entire area of East Atlantic Avenue East of the Intracoastal area as an exemption to this
ordinance. She stated the BPOA understands the objective of the ordinance is to help
businesses along Atlantic Avenue and noted that West Atlantic Avenue was given special
consideration to meet communities' overall needs and they support that approach. The
amendment is to assist four specific properties that are generally set back from the street
not window shopping locations. Mrs. Fazio stated the BPOA supports the amendment
and noted the BPOA feels it needs wider applicability. Mrs. Fazio stated the beach does
not have the north/south or east/west streets where offices can be located and if no offices
are allowed on Atlantic Avenue, the BPOA feels the community is ill served for normal
business and service needs (i.e. accountants, doctors, lawyers, banks, stock brokers, real
estate offices, etc.). She stated residents will essentially be living in a part of town with
nothing but boutiques and restaurants. Mrs. Fazio asked that the Commission provide the
same consideration to the beach area that was provided to West Atlantic Avenue. The
BPOA unanimously believe that the area east of the Intracoastal should be exempt from _
the amendment and urged the Commission to consider their position.
Jeff Costello, Community Redevelopment Agency (CRA), stated this
amendment was initiated based on the way the current regulations affects the properties
where they are setback excessively from the right-of--way and they are conducive to the
pedestrian oriented and retail establishments. Mr. Costello urged the Commission to
approve the amendment at this time and if there is any reconsideration based on the
previous speaker then direct staff to review it.
Paul Dorling, Director of Planning and Zoning, stated this ordinance
does not prohibit office uses east of the Intracoastal; however, the ordinance prohibits
office uses on the ground floor with the exception of these four properties. He stated
office uses can locate on any second story, second floor, or above and they can locate on
any side streets that are currently zoned CBD (Central Business District).
There being no one else from the public who wished to address the
Commission, the public hearing was closed.
Mr. Fetzer moved to adopt Ordinance No. 21-07 on Second and FINAL
Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows:
Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes. Said
motion passed with a 5 to 0 vote.
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06/ 19/07
.._. 10.B. ORDINANCE NO. 20-07: City initiated amendment to the Land
Development Regulations (LDR), amending Section 4.4.25, "Special Activities District
(SAD)", Subsection 4.4.25(C) to shift the authority for approval of site plans, landscape
plans, and architectural elevations from the Planning and Zoning Board to the Site Plan
Review and Appearance Board for projects located in the Special Activities District
(S~)•
Office.)
The caption of Ordinance No. 20-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES,
BY AMENDING SECTION 4.4.25, "SPECIAL
ACTIVITIES DISTRICT (SAD)", SUBSECTION
4.4.25(C), "REVIEW AND APPROVAL PROCESS",
TO PROVIDE FOR THE REVIEW AND APPROVAL
OF PLANS BY THE SITE PLAN REVIEW AND
APPEARANCE BOARD AND NOT THE PLANNING
AND ZONING BOARD; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 20-07 is on file at the City Clerk's
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Ellis declared the public hearing open. There being no one from
the public who wished to address the Commission regarding Ordinance No. 20-07, the
public hearing was closed.
Mr. McDuffie moved to adopt Ordinance No. 20-07 on Second and
FINAL Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -
Yes. Said motion passed with a 4 to 0 vote.
At this point, the time being 7:10 p.m., the Commission moved to Item
9.M. (Addendum) of the Regular Agenda.
9.M. REVIEW OF LOBBYIST CONTRACTS: Review and discussion
regarding Tallahassee Lobbyists' contracts.
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06/19/07
The City Manager stated Commissioner Montague asked him to get in
touch with Kathy Daley to let her know this was being discussed. He stated a voice mail
message was left however, he did not receive a return telephone call. The City Manager
stated Ms. Daley is planning to move back to Delray Beach and not continue lobbying.
He stated he does not know when Ms. Daley expects to do that or when she expects to
end her contract with the City of Delray Beach.
Mr. McDuffie stated he requested that this be placed on the Agenda based
on a call from the press and the fact that he has not heard or seen anything and no
communication in his term. Mr. McDuffie stated he sometimes hears from Mr. Sebastian
Aleksander (other City Lobbyist) twice an hour when things are hot on the floor. In
addition, Mr. McDuffie stated he has also been a lobbyist in Tallahassee and does not
understand how one can fail to register to lobby until the session is over. Mr. McDuffie
stated this is illegal and expressed concern that Ms. Daley was accepting money from the
City of Delray Beach to do something that the City has contracted with her and she does
not have the legal right to do so.
Mr. Fetzer commented about the difference in the contracts and the
registration.
Chevelle D. Nubin, City Clerk, stated the lobbyist sends the forms in to
the City for signature; however, the City of Delray Beach does not complete their forms
for them.
The City Attorney stated there is a mistake in the Aleksander contract on
page three and noted the word should read "consultant".
Mr. Fetzer asked why there is a substantial difference in the retainers that
we have agreed to with these two lobbyists.
The City Attorney stated the contract for Ms. Daley has been in the same
form for many years.
Mrs. Montague asked how many years Ms. Daley has been the City's
lobbyist. The City Attorney stated she has been with the City of Delray Beach for
approximately 20 years.
The City Manager stated his understanding is that Ms. Daley was a City
employee and was sent to Tallahassee to lobby on behalf of the Delray Enclave Act
which passed in 1987. Robert A. Barcinski, Assistant City Manager, stated Ms. Daley
worked for the City of Delray Beach directly for two years under him and then decided to
go to Tallahassee on her own. Mr. Barcinski stated Ms. Daley has worked for the City of
Delray Beach since about 1985. The City Manager stated approximately three years ago
former Mayor Perlman brought Mr. Aleksander- on board and wanted him to lobby
primarily for earmarks. The City Manager stated Mr. Sebastian Aleksander has been
very successful; however, most of them have been line item vetoed by the Governor.
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06/19/07
Prior to the vote, the City Attorney suggested that the Commission discuss
this with Kathy Daley.
Mayor Ellis stated the contracts do not specify what the Commission is
looking for and what each person's responsibilities are. Mayor Ellis suggested that both
contracts be reviewed by the City Attorney and City Manager to talk to our lobbyists and
bring back additional information as to what the status is for Kathy Daley and confirm
that this not filing is a mistake that the Commission was not aware of and is she planning
to not renew the contract and does the Commission need to renegotiate a contract with
Mr. Aleksander that is current and based on a start and stop date. The City Manager
stated had he been able to get in touch with Ms. Daley, he would have discussed with her
about ending the contract by mutual agreement.
Mrs. Montague stated the Commission did not receive a call from Ms.
Daley knowing this article was coming out and noted that she has been quoted in the
article. Mrs. Montague stated Ms. Daley has had ample time to get in touch with the City
Manager to let the Commission know what was going on. Mrs. Montague stated when
we are talking about something that is being disclosed in the newspaper that has to do
with not registering she feels it is serious enough in her opinion that a telephone call
should have been made immediately as soon as there was a call from the newspaper.
Mrs. Montague supports terminating the contract.
"-' Mr. McDuffie moved to terminate the lobbying contract with Kathy Daley
for cause, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows:
Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said
motion passed with a 4 to 0 vote.
Mrs. Montague agrees with Mayor Ellis concerning Sebastian
Aleksander's contract and does not feel the contract is well written. Mrs. Montague
stated she is particularly concerned with the clause that Commissioner Fetzer pointed out
(Item #7 and the changing the renewal clause to annually). The Commission gave the
City Attorney direction to revise language in Item #7 and revise the renewal clause in
Sebastian Aleksander's contract.
12. FIRST READINGS:
12.A. NONE
At this point, the time being 7:29 p.m., the Commission moved to Item
11, Comments and Inquiries on Non-Agenda Items from the City Manager and the
Public.
11.A. City Manager's response to prior public comments and inquiries.
inquiries.
The City Manager had no response to prior public comments and
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06/19/07
11.B. From the Public.
11.B.1. Robert Ganger, President of the Florida Coalition for Preservation,
stated the Coalition is a Public Service Group whose mission is to champion responsible
development on the barrier islands. He briefly discussed the Briny Breezes Development
Project and stated that the Department of Community Affairs (DCA) in Tallahassee will
review the amended Comprehensive Plan for Briny Breezes to determine whether or not
it is in compliance with the states growth management plan. He stated on June 29, 2007
everyone will know whether or not DCA rejects the plan, gives it conditional approval
pending certain revisions, or gives it the State's endorsement so the developer can
proceed with his plans.
11.B.2. Kathy Fazio, 1118 Harbor Drive, Delray Beach (speaking on behalf of
the Beach Property Owners Association Board), stated she understands that the
Commission has received a copy of the adopted resolutions regarding the proposed
redevelopment of Briny Breezes. She stated as an association, the Board feels the project
would have a negative impact on their area with regard to traffic and infrastructure. From
a safety standpoint, they are also concerned with the environment being at risk. Mrs.
Fazio stated as a group with over 1,000 members on the barrier island, she urged the
Commission to carefully consider the comments of Mr. Ganger. The BPOA will be eager
to hear from the City as to the position it plans to take regarding this issue.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager
The City Manager suggested that IPARC (Intergovernmental Plan
Amendment Review Committee) review the Briny Breezes issue because they are
established to deal with intergovernmental conflicts over land use planning. He stated
there is a technical committee of planners and IPARC consists of elected officials.
Secondly, he stated the Innovation Group Conference in Bellevue,
Washington was great. The City Manager stated the City's team did a super job on their
presentation on the R.A.C.E. initiative. He stated the name has changed because they
have formed a group with the Innovation Group, the Arizona State University and the
International City Management Association and is now called the Alliance for Innovation
and they are moving their headquarters from Tampa to Phoenix. Staff looks forward to
working with them and he noted the conferences are excellent.
13.B. City Attorney
The City Attorney had no comments or inquiries on non-agenda items.
13.C. City Commission
13.C.1. Mr. Fetzer
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06/19/07
Mr. Fetzer stated the fundraiser for the Pop-Up Book was great and he
congratulated the Education Board for a very successful event.
Secondly, he commented about the Town Hall Budget Meeting regarding
the budget issues. Mr. Fetzer expressed concern over some of the ways in which the
meeting was handled. He stated overall the meeting gave the public the opportunity to
express their concerns about the budget; however, in the future he would like to see a
little more discussion amongst the Commission as far as how they are going to conduct
the meeting and how to prepare for the meeting.
Mayor Ellis stated she inadvertently left off giving the Commission a
chance to speak before she adjourned the meeting and apologized to the Commission.
Mr. Fetzer stated he would have liked to have been informed about what
was going to be presented before the meeting so he could have been better prepared in the
event he was asked to answer some of the questions. He stated there should have been
more discussion regarding the Capital spending program and feels there was confusion
about the Capital Improvement Budget issues versus the Operating Budget issues and he
would have liked to have seen some clarity brought to this issue.
13.C.2. Mr. McDufSe
Mr. McDuffie echoed comments expressed by Mr. Fetzer regarding the
Town Hall Budget Meeting.
Secondly, he stated he had a wonderful time at the Education Foundation.
Mr. McDuffie stated his background is selling huge expensive things to
people and making presentations to large crowds and Boards of Directors. He stated
when this is done you take a whole team and prepare them very well before putting them
out in front of anyone. He stated he felt ill prepared to walk up on the stage for the Town
Hall Budget Meeting. Mr. McDuffie stated if there were questions of taxation he is quite
certain he could have addressed those concerns. Mr. McDuffie stated in a private
meeting with Mr. Harden, Mr. Safford, and Mr. Hasko he discussed his concerns about
the capital projects and his vote on these projects without those projects being conveyed
to the public. At that meeting, it was discussed that there was a Town Hall Budget
Meeting coming up and he asked that this information be presented. Mr. Duffie stated he
felt this was an item that he discussed and gained assurance that we were going to do and
it did not happen. Mr. McDuffie stated that the Commission did not have the opportunity
to make comments and there were no closing comments. He stated the meeting ended
abruptly. He stated the City asked people to give suggestions about what the City should
spend and not spend. Mr. McDuffie commented about the Bexley Park representative
who spoke and feels there could have been identical feedback on 15 or 20 other projects
as well but they missed that opportunity. Mr. McDuffie suggested that this be planned
better next time and noted that he is very disappointed that this did not happen.
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06/19/07
Lastly, Mr. McDuffie stated he and his staff completed all the calculation
packages to be inserted into the website so that anyone in the County will be able to go
on the website and get a comparison of "Save Our Homes" versus the "Super
Homestead" of what taxable value will be for the next 15 years. He stated this will be
available on the Property Appraiser's website in approximately ten days or less.
13.C.3. Mrs. Montague
Mrs. Montague stated the Commission did receive some positive
comments concerning the Town Hall Budget Meeting and requests to follow-up. She
suggested that we take the information, discuss it, set up the proper format and have
input. Mrs. Montague suggested getting it out to the public as much as we can in
different formats (i.e. Hometown Connection). Mrs. Montague stated at least we have
some very specific recommendations on how to make the Town Hall Budget Meeting
better next time.
Secondly, Mrs. Montague stated she and the City Manager attended the
Transforming Local Government Conference. She stated they had the opportunity to tour
Microsoft and it was great.
Mrs. Montague commented about the Education Foundation and stated it
was enjoyable and successful.
She stated she attended Juneteenth (a celebration commemorating the
ending of slavery in the United States) held at St. Matthew's Episcopal Church.
Lastly, Mrs. Montague stated she attended the funeral for Chief Koen's
mother on Saturday and wished him the best.
13.C.4. Mayor Ellis
Mayor Ellis commented about her emails not working at home or City
Hall; however, this is being worked on.
Secondly, Mayor Ellis stated she met with some representatives from ULI
(Urban Land Institute) regarding the Briny Breezes development and noted people who
live on the barrier island are very concerned.
Mayor Ellis commented about the Town Hall Budget Meeting regarding
the property taxes and in her opinion stated it was a poor turnout (only 11 speakers from
the public). She stated she is not sure whether there was not enough time, notice, or
advertising. Mayor Ellis stated we really need to do better and believes the Commission
will have additional opportunities as we get closer to the budget. She stated they will
have to make some tough decisions on budget items that the entire Commission will be -
weighing in on.
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06/19/07
._ She stated she spoke at the County Commission Workshop Meeting
regarding Home Rule and the City of Delray Beach is in the process of obtaining the
petitions in order to get this referendum on the ballot. Mayor Ellis stated the County did
not want this on the January ballot which is the Presidential Preference Primary because
it is also going to be the ballot that holds the constitutional amendments for Property Tax
Reform. She stated if the City agreed to wait until November 2008, they would agree to
not initiate any County Charter Amendments until we were able to get this on the ballot.
Mayor Ellis stated they would support placing it on the ballot and therefore the money
that we are raising to get the petitions done could be saved and used to help get the
initiative passed when it actually hits the November ballot. Mayor Ellis stated 28
municipalities have signed up to support this and noted it was a 5 to 1 vote with
Commissioner Marcus voting against this because she feels that home rule is bad
government. Mayor Ellis stated the judge's ruling about the dispatch case was so strong
and noted this is being appealed by the County.
Mayor Ellis stated that the Commission's work is just beginning on the
budget and she feels they need to look for opportunities and ideas.
Mayor Ellis and the City Attorney commented about a memo by Jamie
Cole who is the attorney in the dispatch case for Boca Raton and Delray Beach. The
memo is a legal analysis of the constitutionality of some of the provisions regarding the
Property Tax Reform. Mayor Ellis stated it is a unique perspective and deals primarily
with the roll back.
There being no further business, Mayor Ellis declared the meeting
adjourned at 8:02 p.m.
`J~ ~~~~
City Clerk
ATT
+~~ ~ w
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
_ information provided herein is the Minutes of the Regular City Commission Meeting held
on June 19, 2007, which Minutes were formally approved and adopted by the City
Commission on
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06/19/07
C~ :! ' ~ ~l~rv
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.
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