09-03-08 Minutes RegSEPTEMBER 3, 2008
A Regular Meeting Of the City Commission of the City --If Delray Beach,
Florida, was called to corder by Mayor Rita Ellis in the Coninlissic a1 Ch unbers at City
Hall at 6:00 p.m., Tuesday, September 3, 20- 0ti.
1. Roll call she iwed:
Present - CG_xnuylissic finer Gary P. Eliapoulos
Conuiiissioner Fred B. Fetzer
Conullrssroner Woodie B. McDuffre
Coliniissioner Mackensc,n Bernard
Mayor Rita Ellis
Absent - None
Alse, 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 pray:,r was delivei ed by R everc.nd Nancy McCarthy k6th the
Delray Beach Clergy Association.
3. The. Pledge. -f Allegiance to the flag of the. United States of .Uu:rica was
given.
4. AGENDA APPROVAL.
Mayor Ellis stated there is a revised cover niom.. R-r Item 9.E., Grants
Funding for Non - Profit Agencies and there i� a revised C-7intr act for Sale and Purchase.
for Item 10.D., Resolution No. 32 -08 /Contract for Sale and Purchase of
Property /Community Redevelopment Agency.
The City Attorney requested that Item S.O., Interlocal Agreement/Palm
Beach County /Delray Beach Housing Authority for Carver Estates /Auburn Avenue
of the Consent Agenda be moved to the Regular Agenda as. Item 9.A.A.
Mayor Ellis, roqueated that Item S.h., Agreement /Pompey Park Booster
Club, Inc. /Authorization to apply for 501X)("3) Status, of the. Consent Aoi -nda be
1111- lved to the, Regular Agend::z as Item 9.A.A.A.
Mr. McDuffie requested that Item S.Y.I. Bid Award to Oceanside Beach
Service, Inc. ,f the. Conacnt Agenda be.. moved to the. Regular Agenda as Item
9.A.A.A.A.
09/03/08
Mr. Bernard requested that Item S.Y.2., Purchase Award to Ten-8 Fire
Equipment, Inc. be. moved from the, Consent Agenda t• � the Regular Agenda as Item
9.A.A.A.A.A.
Mr. McDuffie• moved Co approve the Agenda as amended, seconded by
Mr. Eliopoulos. Upon roll call the, Commission voted as follows: Mr. Fet-zer - Yes; Mr.
McDuffie - Yes; Mr. Bernard - Yes; Mayor Ellis - Yes; Mr. Eliopoulos - Yes. Said
motion passed with a 5 to 0 vote.
5. APPROVAL OF MINUTES:
Mr. Fetzer moved to approve the Minutes of th.• Regular Meeting of
August 19, 2� 0(c", seconded by Mr. McDuff Upon e. pon roll call the Commission voted as
fellows: Mr. McDuffie - Yes; Mr. Bernard - Yes; Mayor Ellis - Yes.; Mr. Eliopoulos -
Yes; Mr. FeLer - Yes. Said motion passed with a 5 to 0 vote.
Mr. Eliopoulos moved to approve the Minutes of the W, Ii-l�shap Meeting
of August 26, 2008, seconded by Mr. McDuff e. Upon roll call the. Commission voted as
follows: Mr. Barnard - Yes; Mayor Ellis - Yes; Mr. Eli. ,p�,ulos - Yes; Mr. Fetzer - Yes;
Mr. McDuffie - Yes. Said motion passed with a 5 to 0 vote..
6.
PROCLAMATIONS:
6.A. Hand's Office Supply 75th Anniversary
Mayor Ellis read arid presented a proclamation hereby pnDelaiming
September 16, 2005 as Hand's Ctffice Supply 75tn Annive•ra_try in the City of Delray
Beach. The Cu; -h Family came forward to accept the proclartlation and gave a few brief
comments.
6.B. Spady Living Heritage Day - September 6, 2008
Mayor Ellis read and presented a proclamation hen_by proclaiming
September 6, 2C►08 as Spady Living Heritage Day. Ms. Daisy Fulton and Ms. Vera,
Farrin -ton came, forward to aC� �•1 ?t the pry clarriation and g�iV�• a few brizT �: i �mments.
7. PRESENTATIONS:
7.A. None
S. CONSENT AGENDA: City Manager Reconunends Approval.
S.A. PIE QUEST FOR SIDEWALK DEFERRAL /1140 BAUHINIA ROAD:
Approve a request to defer the installation of a sidewalk along Bauthinia Road and
Seagate. Drive for property Located at 1140 Bauhinia Road.
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8.B. RESOLUTION NO. 36 -08/ABANDONMENT OF A WATER
EASEMENT/11NITED STOR -ALL CENTER WKA DELRAY BEACH EXTRA
CLOSET): Approve Resolution No. 36 -01 vacating and ab::tndonirig a 12 -foot water
ease..ment within United Stor -All Center (fl--a Delray Beach Extn�t Closet) located at 14216
Military Trail.
The caption of Resolution No. 36 -08 is as follows:
A RESOLUTION OF THE CITY (--'OMMISSIC)N OF TIIE
CITY i �F DELRAY BEACH, FLT REI)A, VACATING
AND AL'ANDONING A UTILITY EASEMENT
LOCATED EAST OF MILITARY TRAIL,
APPROXIMATELY 2,750 FEET NORTH OF WEST
ATLANTIC AVENUE WITHIN TIIE DELP,-AY EXTRA
CLOSET PROPERTY AT 142167, MILITARY TRAIL
AND AS MORE PARTICUL_ARLY DESCRIBED
HEREIN.
(The official copy of Resolution No. 6 -08, is on filo in the. City Clerl_'s
office.)
S.C. CONTRACT CLOSEOUT (C.O. NO. 2 /FINAL)/WEST
CONSTRUCTION, INC.: Approve. Contract C-1 se.out (C -hange Order No 2/Final) in
the amount of $$,870.24 &crease and final payment in the.. amount of S32,07c:.68 to West
Construction, Inc. for completion of the.. S.W. 2nd Avenue Stl '�•�.tsCape /I11fT.1:a1'Ll�aul'e
Improvements Project. Funding is available.. from 334 - 3162 - 541 - 65.x,7 (General
Construction Fund /Capital Outby /S.W. 'd Ave.. - S.W. 0 St to W Atlantic.) and 44(li-
5461 -53" -65.87 (Storm Water Utility Fund /Othe.r Improvements /S.W. 2nd Ave.. -S.W. 1St
St to W. Atlantic).
S.D. FINAL SUBDIVISION PLAT APPROVAL /PARADISE BANK:
Approve a final subdivision plat for Paradise Banl_, located on the.• n,-rtheast cc-i -ner of
North Federal IIighway and South Lake Avenue.
S.E. CLE ARBROOK PARK IIOMEOWNERS
ASSOCIATION /TRAFFIC ENFORCEMENT :AGREEMENT: Approve a traffic
enE-rcernent agreem,_nt between the City and the. Cle•arLrooL Part_ Homeowners
Association allowing the Delray Beach Polic: Department to enforce local and state,
traffic, laws on its property.
S.F. . PROJECT AGREEMENT AMENDMENT /FLORIDA INLAND
NAVIGATIONAL DISTRICT (F.I.N.D.)/A'L•ANGROVE PARK (AICA DELRAY
INTRACOASTAL PARK): Approve.. a Project Agrzeeme.nt Arnendme.nt between the.•
City and Florida Inland Navigational District (F.I.N.D.) to extend the completion time. for
a one (1) year period ending September 1, 2009 for Mangrove. Parl: (;aha Delray
hatraco�ts.tal Pait) (MSA 650) Project PL'- DL' -06 -117.
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S.G. HISTORIC PRESERVATION GRANT AWARD
AGREEMENT /HISTORIC MARKERS: Approve and authorize, the Mayor to execute
the Historic. Preseivation grant in Aid agreenient for the purchase. of five. (5) State
Historical Matters to be located within the City's five (5) designated historic districts.
8.H. SERVICE AUTHORIZATION 4.0 /COASTAL PLANNING AND
ENGINEERING. INC./THREE YEAR POST CONSTRUCTION MONITORING
OF THE BEACH NOURISHMENT PROJECT: Approve Service. Authori--ation
4.0 for Coastal Plaiming and Engineering, Inc. for the Three Year Post Construction
Monitoring of the beach nourisl-unent project.
8_I. RESOLUTION NO. 37 -08: Apprcive. and adopt Resolution No. 37 -OS
providing support for the, City's beach rent- urishme.nt project and a funding commitment
to provide for the local match through an Interlocal Agreement with Palm Beach County.
The caption of Resolution No. 37 -0S is as follows:
A RESC►LUTIC)N i_ ►F TIIE CITY C'C►MMISSIC►N OF THE
CITY C ►F DELR kY BEACH, FLORIDA PROVIDING i
IT'S SUPPORT F(--.,R TIIE CITY OF DELR,_AY BEACH
RENOLTUSHMENT PROJECT AND IT'S CiNGC►I G
FUNDING COMMITMENT TC► PROVIDE FOR TIIE
LOCAL MATCH.
(The official copy of Resolution No. 37 -0S is on file. in the City Clerl_'s
office.)
8.J. INTERNSHIPS /ASSIST IN POPULATING INTERNATIONAL
COUNCIL FOR LOCAL ENVIRONMENTAL INITIATIVES (ICLEI)
DATABASE: Approve a regUest to secure one (1) or tVdo (2) in6e,rns to assist in
populating the International Council for Local Environment Initiatives (ICLEI) datab►se
which will be.. used as the City's baseline when forecasting projected greenhouse gas
emission reduction. There is n� � cost to the city to secur ;' thz lnt. °rn(s) since they Will be
receiving cc lleoe credit.
S.K. THIS ITEM IIAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.A.
S.L. INTERLOCAL AGREEMENT /PALM BEACH
COUNTY/DROWNING PREVENTION COALITION (DPC): Approve an
Interlocal Agreement with Palm Beach County for relmburserll mt of swin"miing lessens
not to oxcoed $50.0-0 per class for the Learn to Swim Program at Pompey Part: and the
Delray Swim & Tennis Center through the Drounung Prevention Coalition of Palm
Beach County.
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8.M. PARKING LICENSE AGREEMENT/THE BLUE FISH: Approve a
parking license agreement with The Blue Fish which amends the language, in Paragraph
16, ",Zsignnlent ", to provide that the agreement may be assigned with the express
written consent of the City Manager or his/her designeo; and also combines the
agreement entered into on April 1, 2008.
8.N. AMENDMENT NO. 1 TO RENEWAL LEASE
AGREEMENT/DELRAY BEACH HISTORICAL SOCIETY /CASON COTTAGE
PROPERTY: Approve. rlowndment No. 1 to the Renewal Lease Agreement dated
October 1c►, 2007 beNveen the City acid the Delray Beach Historical Society for the Cason
Cottage. Property which provides that seventeen (17) parking spaces, including three. (31)
handicapped spaces, shall be.. provided for public parking purposes.
8.0. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.
S.P. INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT
AGENCY (CRAYPLANNING AND OTHER SERVICES: Approve an Iuterlocal
AgreenleDt between the City and the Corrrmunity Redevelopment. Agency (CRA) in an
.nnount up to 5110,000.00 per year for plarming and other services related to the
formation and irriplenl..ntatic-n of neighb� �rhood plans, mapping and graphic, services,
completer networl: services and shared Ilse of a Parking Management Specialist.
8.Q INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT
AGENCY /PLA_N REVIEWER II: Approve. an Interlocal Agreement between the City
and the Community Re,,le.vclapment Agency (CPA) in an a111or.►nt up tc, $72,600.00 per
year for a Plan Reviewer 11 position in the Community Improvement Department for the.
prioritisation of CP\-A projects for plan review and permit approval.
S.R. INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT
AGENCY /NEIGHBORHOOD PLANNER: Approve. an Int, .rL_,cal Agre.errient
betwe.cn the City and the, C mi—fiunity Redevelopment Agency (CF:A) for fi►ndino up to
$34,410.00 per year for a Neighborhood Plaw-ler position to be assigned to the
Nei-hb rrho d Resource Center to serve as a liaison b Aiveen the CPA arid the,
Community Land Trust (CLT) c lutreach services. The CP'X shall contribute. 5(i% ,--,f the
cost of this position.
8_S. INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT
AGENCY/IN- HOUSE PROJECT MANAGEMENT SERVICES. Approve. an
Interlocal AC! wme.nl belwecdl the City 3n,:d the Con "llrlunity Redevelopment Agency
(CF —M in the amount of $87,000.00 for funding of the in- hous,� Prc,ject Management
Cervices position in the Enviromnental Service.,; Department /Engineering Division. The
Prc!te•et Manager position manages certain projects located in the Conu- nunity
Redevelopment Agency (CRA) district.
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S.T. SERVICE AUTHORIZATION NO. 07- 07/MATHEWS
CONSULTING, INC.: Approve Service Authorization No. 07 -07 in (he amount of
$81,95,9.00 to Mathews Consulting, Inc. for the design of 14th Avenue. Roadway, Alleys,
and Drainage Improvements. Funding is available fiorn 334 -3162- 541 -68.05 (General
Construction Fund/( )thef Improvements /S.W. 14th Alley hnprovements).
S.U. FIRST AMENDMENT TO AGREEMENT /PALM BEACH
COUNTY/DELRAY ROCKS FOOTBALL AND CHEERLEADING
ORGANIZATION TRIP: Approve the First Amendment to Palm Beach Colulty
Recreation Assistance Pry �gyarn Funding Agreement between the City and Palm Beach
County in an amount not to exceed $3,000.00 to assist with th• cost of the Delray Rocks
Youth Organization football and c:beerleading trip.
S.V. PROPOSED SEVERANCE PACKAGE: Approve the. proposed
severance pacl_age. as discussed at the Augllst'26, 2008 Wor•l:shop Meetinb.
S.W. AGREEMENT /ANNE M. G_ANNON, TAX COLLECTOR FOR
PALM BEACH COUNTY: Approve an agreement between the City :and Anne M.
Gannon as Tax Collector for Pallas Beach County to provide billing and collection
services on the tax bills for our sty,rm water utility for a one, percent (1 %) fee.
5.1. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period August 18, 2_'� 0-S through .August 29, 2008.
S.Y. AWARD OF BIDS AND CONTRACTS:
S.Y.1. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.A.A.
S.Y.2. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.A.A.A.
Mr. Elie �poulcos moved to approve the Consent Agenda as amended,
seconded by Mr. McDuffie•. Upon roll call the Coriunission voted as fc )ll,,ws: Mayor
Ellis — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. McDuff e• — Yes; Mr. Bernard —
Yes. Said moti on passed with a 5 to 0 vote..
9. REGULAR AGENDA:
9.A.A. INTERLOCAL AGREEMENTMALM BEACH COUNTY/DELRAY
BEACH HOUSING AUTHORITY FOR CARVER ESTATES /AUBURN AVENUE:
Approve an Interk-cal Abn•eenient between Palm Beach County, the. City and Delray
Beach Housing Authority (DBHA) for a C. nrnty rant of $ l,i X00,000.00 for infrastructure
within the City's right -o -way and Subsequent City malnt.man c...
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09/03/08
Commissioner Bernard declared a conflict of interest and stepped down
from the dais.
The City Attorney stated this is a grant agr1•ee. dent through Palm Beach
County for the Delray Beach Hi_xtsing Authority (DBIIA) for $1,000,000.00 for
infi•asti-Lictiu•e improvements that the Delray Beach Housing Authority is responsible for
and it is a reimbursable grant. The City's participation is to maintain the. improvements
once they are complete.
Mr. Eliaporllaa commented about the time. frame that tall about how this
should be• completed n� � later than September 1, 2011. IIe expressed concern that if in
filet that is not happening and depending on how far down thy. road the. w. �rl. that is being
implemented does the Delray Beach Housing Authority still has recourses to worl_ with
the County and reassure that they will get that money. In response, Mrs. Ellingsworth
stated she tried to contact Palm Beach County this afieino on and did not receive a
response.. Mrs. Ellingsworth stated they have barn very supportive of this project and in
fact the original agreement called for its to have it done within it year. She, contacted
them at that time and asl:ed for this date that is now in the aggeernent and is certain that
they would work with the Delray Beach Housing if they were not far enough to complete
it by that date and feels comfortable, that they would give them an e. ,lensi; �n if they
needed it at that tinge. Mr. Eliopoulos stated he. would like Mrs. Ellingswc.rth to leap
pursuing this because. things change with this elvir-►nment With regards to the financial
status and the Collllnissions change.
Mayor Ellis stated she, concurs with Mr. Eliop- Dulos and would like to
make sure that it is clarified for future. C-_-,nunissions to know.
Mr. Fetzer moved to approve the Interlocal Agreernent/Pahn Beach
Count; /D,.lray Beach Housing Auffi plity f,--.r Carver Estates /.Aubuirt Avenue., seconded
by Mr. Eliopoulo . Upon r• I11 call the Cori-iniissiorr voted as follows: Mr. Eliopoulos —
Yes; Mr. Feiz,_ r — Yes; Mr. McDuff e — Yes; Mayor Ellis — Yes. Said motic �n passed with
a 4 to 0 vote.
9. A. A.A. AGREEMENT /POMPEY PARR BOOSTED. CLUB
INC. /AUTHORIZATION TO APPLY FOR 501(e)(3) STATUS: Approve and
authorize an agreement with Pompey Park Boaster Club, Inc. providing that the City will
have the. tight t,, audit the Booster Club at any time and the Booster Club shall be
required to provi& a monthly report to the City showing all monies colll,ct,_d;
and 1L1th0rl -.e. the City t;, apply for 501(c)(3) status In behalf of �f the B. poster Club.
Terrill Pybrun, Assistant City, .1ttornay, stated this is an agreement about
the responsibilities of the City versus the. Pompey Park Booster Club, Inc. and the City
would provide. all equipment and uniforms, select all volunteer coaches and assistants,
schedule all �7am._s, assist with scholarships for need base] studeits, adverlise• for teen
membership, background checks for all of the coaches, payment of lea -tic fees and
liability insurance as necessary as well as transportation to and frolii the games. Ms.
Pyburn stated historically � giver the last Couple � �f years the City has been providing
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09/03/08
equipment uniforms to [lie different pry gams at Pompey Park already and this would
solidify the responsibilities of the City versus the responsibilities of the booster club. She.
stated there is a new b• oostcr club that has been established to expand the club to cover all
of the different Pompey Park pry granis. Ms. Pyburn reiterated that this agreement
solidifies the City's responsibilities versus the Booster Club's responsibilities with regard
to how all the. different programs would wort: and the City would be able to audit the
Booster Club and the Booster Club would have. to � pry vide a monthly report to thy. City on
all funds raised and provides standard contract provisions as far as non- discrimination.
Ms. Pybu n stated staff is requesting permission for 501(C)(3) status with the IRS
(hiternal Revenue. Service) for the. new Booster Club in the sense. that this Booster Club
has been expanded previously. This Bc �oste:r Club used to cover only the. Delray Rocks
and the Cheerleaders but it now covers all of the pro,7rams at Pompey Park.
David Picks, Recreation Supervisor IV/Parhs ,fir Recreation, stated this is
not only for the Delray Rocks but they are adding tile. (rack and Field team, travel
basketball team for the Delray Divas, a dance team, and llaj football program. Mr. Ricks
stated this will ;allow for those. teams to have additional activities (i.c% if the basketball
learn wants to travel to Orland-7--) the bo ester club will pre wide the. fundina, necessary to do
the. travel which the budget does not cover for those. teams.
Mr. Eliopoulos stated he was no( sure, with the Booster Clubs and the
City's involvement with ether on- ganiailtions out th d•c what the practice has been in the
past.
Mr. Ricks stated the. Parks and Recreation De.partmeiil is just e,-.pandin-
what they have done with the. Delray Rocks because traditionally the. RocLs have traveled
to Daytona (he progyam to allow pother programs the same opportunity tip Cl� � activities
outside of what tile. budget would allow.
The City Maniger stated the City of Delay Beach has had ;--it Booster Club
for many years and noted that (his is [he. only Boosk�r Club the City has.
Ms. Pybu n stated the City is providinb the uniforms to [he U:�ams that are.
actually run under the programs at Pompey Park versus other teams that may exist in
Delray Beach use Delray Beach fields but they are, not actually � �rganL ed by the City.
A[ this point, CorTIITllasioner Bernard returned to thy. dais.
Mr. McDuffie moved to approve the agree.mcnt with Pc an,pey Park
Booster Club, hoc. to apply for 501(c)(3) status, seconded by Mr. Bernard. Upon roll call
the Conmlission voted as follows: Mi. Peter — Yes; Mr. McDuff e — Yes; Mr. Bernard —
Yes; Mayor Ellis — Yes; Mr. Eliopoulos — Yes. Said motion passed with a 5 to 0 vote.
9.A.A.A.A. BID AWARD NND CONTRACTS: Bid award to � Oceanside Beach
Service, hoc. for the rental of Beach Cab alas and Leach Equipment at the. City of Delray
Municipal Beach. The contractor shrill pay the City a flat rate of $122,345.67 per month
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plus sales tax.
Linda. Larch, Director of Parks and Recreation, stated this item is approve
the, bid award to (_Xe.anside Beach Service, laic, for the rental of Beach Cabanas and
Beach Equipment at the City of Delray Municipal Beach. The contractor shall pay the
City of Delray Beach a flat rate of x12,345.67 per month plus sales tax. Ms. lurch stated
staff received four bids and this award is being awarded to the Oceanside_ Beach Service,
(high bidder) which has been doing the City's beach caWnas and equipn'lent for the past
six years. During that time, their service has been satisfactory and the reconuaiendation is
to award this bid to Oceanside Beach Services, Inc.
Mr. MCDuffie stated there has been a tremendous amount of
c� �ni niunication on this pailii ular item and he would like to make, certain that we brought
the process out into the, open &,:, that the parties could understand what vent on. IIe. asked
what the n inin -1 unn term and maximum term] of this contract will be.
Tim Sinlnions, Parks Maintenance. Superintendent, stated this would be a
three year contract.
The City Attorney stated the contract is a standard forma agreement that
has not been modified to include. the contract terms specifically. She. referred to a
paragraph and stated it reads as follows: "the tech of this contract shall comnncnce, on the
date_ indicated on the notice to proceed." The, City Attorney stated usually staff adds a
termination -late.; however, it is not listed. The City Attorney stated it looks like a three
year contract with 2-3 year renewal p.riods that is renewable if iipproved by the City
Manager. The City Attorney stated the. contract term is on page 16. and stated "the,
contract term shall be.. for a period of tlu•ee• years beginning October 1, '0081 expiring on
September 30, 2011. A reneNval period if q)pruved shill be for an additional three. years.
Mayor Ellis suggested that this be tabled and take. another shut at cleaning
this up so we will know that each of these companies that did bid on it were all bidding
Gil the same terms with the renewal provisions being the &ante.. The City Attorney stated
this may require. the City to go out to bid again.
Mr. McDuffe asked that staff expand on the following c•orrintent: "I
recommend that we stay with the current vendor, Oceanside Leach Service, Lie., as
stricter enforcement, of the conditions of the contract must be enforced by City stall:" In
respons.e, Mr. Sin"llnlons stated there. were s.clille concerns and /or complaints that the
Ocean Rescue staff had in regl.rds t- I the services on the beach. IIe stated since there was
nothill tracked for the lest four years he. did not feel it was apps, �priate to bring up. Mr.
McDuff k, stated he rece,ivM accolades from both sides of the. fence and heard - god
things abc tut Oceanside Beach Service, Inc. and Boucher Brothers Delray Beach, L.L.C.
Mr. Eliopoul� s, stated line of tho groups wa = offering to wort: with the
surrounding hotels for pnrests, etc. and he assumes that this was not part of the bid
package and v ✓as an offer that they brought to the. table. He stated this is something the
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09/03/08
City may want to look at especially since. Delray Beach is a beach t-es art. town and it
would be a nice. benefit to have. Tim Sininions, Parks Maintenance. Superintendent,
stated Boucher Brothers Delray Beach, L.L.C. in Miami and other areas worl: with a.
separate contract with the hotels and the amenities.
Mr. Bernard Stated if the City is going to send out anc►tlle•1• bid package lie.
would like us to address it in the. bid package also. He stated another issue he would like
addressed in the bid package is whether to stay with a minimum flat fee. or -o with a flat
fee plus a percentage• and this way if people. are going to bid the Commission can
C0111pare OtppleS to Apples and oranges to oranges.
Mr. Eliopoulos asked how were the past contracts written and was it Just a
flat rate or a percentage added onto it. In response, the City Manz -er stated it was a flat
rate.
Mr. Fe•t:,er stated he would like to see more. in the bid process that would
evaluate the level of service they we. are getting, because lie feels this is important.
Secondly, he. stated the high bid was about three tulles what we have been receiving over
the past several years. Mr. Fet_er stated he is not sure what has clianged that drastically
if we just did not have a good deal prior to this and what this contract is really worth He.
would like to see mare analysis acid do what .-,(her municipal beaches are paying for this
type of service, and receiving for it as a benefit to the city. Mr. Fetzer Stated he is -lad to
see the increasOd revenue to the City but he feels we need to know what we .•ire getting
compared to other municipal beaches.
The City Attorney suggested that (lie Commission reject these bids and -o
out again because. there are different levels of thin -s that wc►uld need to be in a new bid
package.
Mr. Bernard moved to reject the bid award to Oceanside. Bach Service for
the rental of the. beach cabanas and beach equipment at the City of Delray Beach and -o
out and re -laid a gain, seconded by Mr. McDuffle. Upon roll call the Commission voted
as follows: Mr. McDuffie.. - Yes; Mr. Bemard - Yes; Mayor Ellis - Yes; Mr. Eliopoulos
- Yes; Mr. Fet-zer - Yes. Said motion passed with a 5 to 0 vote.
9.A.A.A.A.A. BID AW " AND CONTRACTS: Purchase. award to Ten -S Fire
Equipment, hie. In the amount of $3'130,044.50 for the purchase of one (1) 2009 Pierce
100' Platform on Velocity Chassis tluuough St. John's County UP �`u7 -53, rundin- is
available from 5(i1- 3312-5, =11 -64.25 (Garage Fund/Machinery Equlpinent/IIeavy
Equipment).
Chief David James stated this particular unit has been out of service. 526
days since it was purchased Oct,--,b,:-,r 2004. He. stated it is the only spare of its type in our
fleet and is design,--d for use of major fires for the delivery of large volurnes of water
from all elevated stream. If this unit continues to remain out of SelviCe., it could affect the
lnsurxice service organs: :ation rlting which could uiltlrnately result in an increase in the
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City's insurance rates.
At this paint, Chief Prichard Acket•rnan came forward to further e ;plain the
purchase of the apparatus. He stated Pierce. M urufac•turinb Company bought out another
company and the technology was .good but in practical use there are so many components
and sensors on this truel: that it is just not repairable. Chief Ac•konnan stated the Town of
Clearwater purchased two of these Units (2001 and 2003) Anil they oat rid of theirs a
couple of year; ago because of multiple. problems with the truer:, etc. IIe stated the City
of Delray Beach held onto their truer: hoping that they would, bet all the bugs worked out
and brought a facts ory :pert t• � worl: on th,. truck. Chief Ackerman stated the trucl:
worked for a couple of weeks and then staff continued to have. failures. IIe stated. the.
City's garabo finally gave up and sent it bacl: Co Ten -8 Fire. Equipment, Inc. who does the
iaintenance. Chief Ackerman stated part of the problem was that they would get the
ladder up in the air and it would fail [,-I r• Mate. every time. IIe. stated the. crews did not feel
comfortablo with it anymore. Chief Ackerman stated the price, of a new Ciucl: the way the
Fire. - Rescue. Department would like for it to ft our needs is $914,145.00. IIe stated
Pierce. Manufacturing Company is offering half of what the. City paid for the tiuch
(5,375,577.00). Also, :a disc• aunt is being offer,,] for the. maintenance costs ($207,777.00)
in the :amount of 5103,888.50 (half of the total cost incurred).
The purchaso price is in accordance with St. J• 11-nl's County UP ""07 -53.
We are responsible for the net remaining balance In the ami �Unt ! If $3 ``!1,'_-144.50.
Mayer Ellis asked how confident Chief Ackerman is that they have. these
bugs worked out. In response, Chief Ackerman stated they would not be buying the. same
truck. The tiuel: they have has an articulating b; yam on it and the now trucl: will not have
the articulating boom on it. Chief Ackerman stated the truck they are getting rid of has a
multipl, cyst- m where otle wire' is operating sev.'n differ,nl fllne(ionE• and the new trUCk
will have on.-:: wiro that operat,�s one func:tiola. IIe..:1tated that Pierce Manufacturing
Company is not marketing this truck anyinor,. until they can perfect all (he, issues that
they are having with it.
Mr. Eliopoulos stated lie is assuming., we need this but canun%mted that we
have been livin7 without it. Chief Ackerman oxplairied Chat it is affecting their
operations and stated the• Fire.-Rescue Department does not have a spare aerial apparatus
at the moment. IIe stated there a.re currondy 200 footers in s,rvice and it is dust a straight
stick and is just a ladder. Chief Ackerman stated Cc, do any e-tzmded oporations is laugh
but with th. platform Choy c:;an Put s•_veral pee -pl,. on the platform art.l perform rescues at
hi -h elevati� )ns. He stated any time they have t• down a Ctucl: they are down to on,•
aerial apparatus and they mo.. holding off On same, of the maintenance on those. because
usually when they take one of these. out of service. they are usually C IuC for one week.
Chief Acl:ernlan stated that put3 the Flre- Rescue Department to cone or two ladder tricks
and only one of the larger tiucl:s in the City. Chief Acl :e.nrian stated :although th? Chick
they are buyin`a is a platform trucl: but it does not have the same eleCt11Ca1 components or
the multiplex system in it.
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09/03/08
The City Manager stated it is funded out of the vehicle replacement
account so It has llo direct impact c in this year's -, erafing btldget.
Mr. Fetzer moved t� � approve the Purchase Award. to Ten -8 Fire
Equipment, hic., seconded by Mr. Eliopoulos. Upon roll call the Corrunissioln voted as
follows: Mr. Bernard — Yes; Mayor Ellis — Yes; Mr. Eliopoulcos — Yes; Mr. Fetzer — Yes;
Mr. McDuff e — Yes. Said motion passed with a 5 tc, 0 vote.
At tlus point, the time being 6:55 p.m. the Commission moved to Item
9.A. of the Regular Agenda.
9.A. CONDITIONAL USE RE, QUEST/XF MARTIAL ARTS: Consider a
conditic anal use. request Co allow the establishment � of an instructional martial arts facility
within a 2,565 square foot tenant bay for _ZF Martial Arts, located at 2875 South
Congress Avenue in the Delray Corporate ►rate Center. (Quasi - Judicial Kearing)
Mayor Ellis read the City of Delray Bench procedures for a Quasi- Judicial
IIearing into_, the record for this item and all subs%-quent Quasi- Judicial items.
Chevelle D. Nubin, City Clt�rl_, swore in those individuals who wished to
give testimony on this item.
Mayor Ellis asked the Commission to disclose their ex parte
conu-nunicati.- Ins. The Conirrlisslon had no ex party. conununications to disclose-.
Paul Dorling, Director of Planning and Zoning, stated this request is too
establish a martial arts facility within the MROC (Mixed Residential, tiff c,e and
Commercial) District located at 21~75 South Congress Avenue.
Oil June 10, 2005; the Planning and Zoning Board determined that martial
arts instruction is similar to folkowing conditional uses that are ally awed in' the. MROC
district (Health spas, fitness centers, gymnasiums, and exercise facilities). The applicant
followed the request tip with a conditional use before the Planning and Zoning Board for
This specific martial arts facility. The facility will occupy a tenant bay of 2,565 square
feet and accommodate. approximately 20 -25 students ranging from 3 years to :adult.. The
progralnl will opc:rate fi°om Monday tluuctugh Saturday, lii:00 a.m. to 9:00 p.m.
At its me.:.ting of August 1S, 200;;, the Planning quid Zoning Beard
considered the request at which time the, Board recorrulnended approval with a vote. of 4
to 0 subject to the condition to re- install the deteriorated landscaping to comply with the
approved 'landscape plan. Mr. Dorling stated the landscape installation is required prier
to the occupation of this space.
Vince Cohen, 2875 South Congress Avenue, Suite #D, Delray Beach
(_Applicant for XF Martial Arts), stated he is very c__c:ited to be a part of the Delray
Beach c,o,nunnunity and is lool_ing forward to worl_ing with the children.
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09/03/08
James Goldstein, 5882 N.W. 23 d Way, Boca Raton, stated he is a
Father i �f several students at Vince. Coh.en's school. Mr. Goldstein stated he• is all
Outstandin- citizen alb] teaches children respect and control and he will be a great asset to
the cornillunity.
There was no cross examination or rebuttal.
The City Attcone.y briefly reviewed the, Beard Order with the Commission
who nn;ldc. findings according to their consensus (attached hereto is a copy and made. an
official part of the minutes).
Mr. Eliop-)ulos moved to adopt the Board Order (approving the
conditional use subject to the condition that they will re- install the de.tericrated
landscaping to connply with the approved landscape plan; the landscape installation is
required prior to the Occupancy of this space) ass presented, Seconded by Mr. Fetzer.
Upon roll call the Conninission vc ited as follows: Mayer Ellis - Yes; Mr. Ellopoulos -
Yes; Mr. Fetzer - Yes; Mr. Mc:Duffie - Yes; Mr. Bernard - Yes. Said motion passed
with a 5 t� � 0 vote.
At this point, the time. being 7:00 pan. the Commission moved to the duly
advertised Public Hearings portion •ln of the Agenda.
10. PUBLIC HEARINGS:
10.A. RESOLUTION NO. 39 -08 (TENTATIVE MILLAGE LEV7a: A
resolution teniatively levying a tai: on all properties within the City of Delray Beach for
operation and rrialntenance and for payment of principal and interest on bonded
indebtedness for FY 2009.
The caption of Resolution No. 39 -08 is as follows:
A RESOLUTION OF TIIE CITY COMMISSION OF TIIE
CITY (=)F DELRAY BEACII, T� � TENTATIVELY LEVY
A TAX ON ALL PRC►PERTIES WITHIN TIIE CITY OF
DELRAY BEACII, FLORIDA, FOR M_1.INTEN ONCE
AND i ►PERATI -IN, AND TO TENTATIVELY LEVY A
TAY FOR TIDE PAYMENT (DF PRINCIPAL AND
INTEREST S=IN BONDED (INDEBTEDNESS, AIJD TO
ALLOCATE A� D APPROPRIATE 1PRIATE SAID
Ci )LLECTI(--)NS THEREUNDER.
(The official copy of Re.aolution No. 30-08 is on file in the City Clerl_'s
office.)
A public hearing Avas held having been legally advertised in compliance
with the. laws of the State of Florida and the Cha rtar of the City of Delray B, -.Wh, Florida.
coaling year.
The. City Manager stated ihi: is a resolution s °tong milli,- for th._
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09/03/08
The City Attorney announced the tentative millage rate at 6.4490 mills
would be 1.52 % less than the. rolled back rate,.
The City Manager stated staff has discussed reduclnr, the. millage further
and expects that the City will be. able to do that. IIe stated the City is still waiting on the,
Corrmiunity Redevelopment Agency ('CP.sk) to make a final decision on their funding that
they would apply toward our tenr>_is tournaments. Therefore, the. City Manager requests
C.
that the Oily Conwlission appruve the resolution at 6).4490 with the intention of r'e•Jlri•inc
it on September pith. The City Manager stated it is a reduction of 1.52% from the rolled
back rate•, although the millage. is higher the City would be receiving S2 million less in
real estate taffies than in the current year.
Mr. Eliopoulos asked the City Manager to go over this for the public
because things have been published in the• paper regarding comments about when the
millage is not rolled bacl: far enough then the City is raising taxed: when this is not
actually the case. The. City Manager stated in the, legal sense the way the. State law
defines it as a tax increase is when the revenue actually increases which is not the Case
here. IIe. stated the City is reducing it and we have fully taken into account the tax relief
afforded by the adopti� �n of Amendment One. The City Manager stated that accounts for
the difference bawee.n the rolled back rate of 6.539 and what the City is proposing of
6.4490.
Mr. McDI.rffrc, stated Amendment One also added another S25,0iiu.00 to
the IIome.stead Exemption which could lower the taxable value of m•,st of the homes in
Delray Beach. The mandatory rolled back rate which was on TRIM notice. that people
not and the City was lower than that against the lower taxable value..
Mayer Ellis declar._d the public hearing open.
Deanna Bross, Realtors_ association of the Palm Beaches, stated they
represent over cj,000 in Palm Beach County. She stated they voted on January 20, NOS
on Airieri merit One that they ulante.d their taxes Cut even if it means some of the services
thai are provided. Ms,. Bross stated all of Palm Beach County is experiencing a bad
economy and undergoing hardships. She stated cutting revenues and -streamlining the
City's budget will ultinhately be. better for the residents and the community as a whale..
114s. Brc,ss urged the City Ct )rnnllssion to Continue• to save. businesses and help the
residents through these. financial hardships by not increasing the.. millagc. rate.
Nanev IIoaan. 37 IIibiscus Way. Ocean Ridse, stated she is a real estate
broker in the State of Florida and also serves as Chairman of the coven- Unerlt Affairs
Committee of the Realtors Associati on of the Palm Beaches. She urged the. Conlmisslon
to not raise the rnillage. rate and also to be frrnh and diligent in watching what they are
doing in raising other fees. Ms. Hogan stated it has been a struggle in the professional
life of a r :_altor and they need any help they can get in keeping txxes and fees low. She
stated she believes not only realtc ors are suffering but the• downturn in the economy has
affected many arenas of prosperity. Ms,. Hogan stated citi�erh"s oven- vibalnhingly passed
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09/03/08
Amendment One in January 200S and feels that the message• was clear in that residents
needed tax relief and the. escalation of r vvernment spendin�o� must stop.
Bonnie Lasar, 2717 Florida Boulevard, Delray Beach (realtor and
works in the area of Boca Raton and Delray Beach), e-chcie•d cunuiients of her
colleague,: and urged the Ci nunission to nGt raise the. millage rate. She st -tted we. are in
an area where the single family home prices have. decreased 27% in two years and
condc,miniums have decreased by 37 %. She, Stated it will continue, to decrease if we.
cannot -et a handle on our (axes and with all (lie threats of the. hurricanes coming now
there are worries about insurance a -2ain. She. Stated r&i.ltors are now Starting cc) see
activity and buyers are looking and they are starting to buy because. the. prices have
decreased so much that it is a commodity. She stated if people. feel ihat we.. are not going
to hold the taxes and hold the budgets and controls its speni_ling unfortunately this
wonderfiil city will lose, a lot more money in tai: revenue.
There. being no one from the public who wished t; � address the
Commission re- m-din- Resolutic)n No. 39 -08, the. public hearing \aas cl03ed.
Mr. Fetzer stated the City Commission is worhing diligently tc- reduce (lie
millage further.
Mr. Eliopoulos moved to approve. Res.oluiion No. 39 -08 (Tentative
Millane Levy), seconded by Mr. McDuffie. Upcm roll cell the Commission voted as
folly ivs,: Mr. Eliopoulc s — Yes; Mr. Fetzer — Yes; Mr. McDuffie• — Yes; Mr. Bernard —
Yes; Mayer Ellis — Yes. Said motion passed with a 5 t) 0 vote.
10.B. RESOLUTION NO. 40-03 (TENTATIVE MILL AGE LEVUDDA): A
rescolution tentatively levying a 0% on all properties xvithin the Dovnitawn Development
Authority Taxing District of the. City,--,f Delray Beach for FY 2009.
The caption of Resolution No. 40 -M is as follows:
/�. RESOLUTION OF TIIE CITY COMMISSION OF TIIE
CITY OF DELRAY BEACII, TO TENTATIVELY LEVY
A TAX ON ALL PROPERTIES WITIIIN TIIE
DOWNTOWN DEVELCIPMENT AUTHC►I:ITY TAXING
DISTRICT OF THE CITY" OF DELP.AY BEACH,
FLORIDA, FOR MAINTENANCE A-7-T, OPERATIC ►N,
AND TO APPR►_►PP.IATE SAID COLLECTIONS
THEREUNDER
(The. official copy of Resulu(ion Tdo. 40 -08 is vn file in the City Clerl_'s
office.)
A public hearing was held having been legally advertised in compliance
with th:. laws of the. Stabs of Florida and the Charter of the City of Delray Beach, Florida.
-15-
09/03/08
The City Attorney announced Resolution. No. 40 -08 for the Downtown
Development Authority (DDA) tentatively levies a tax that is more than the 0.9535 rolled
back mate calculated under the. TRIM law by 4.88 %,.
The City Manager stated staff distributed a memo from Michael Listick,
Chairman of the DDA, explaining their reasoning f-jr increasing their millage.. The City
Manaber stated Mr. Listick is out of towri; however, Maijol7e Feller is present for
questions the Conunission may have.
Mayor Ellis asked Mrs. Ferrer to elaborate on the discussions that the
DDA had in connection with the scope of the marketing that the DDA plans to direct for
the next year. In response, Marjorie Ferrer stated the. DDA did a white, paper on the local
advertising in :addition t0 regional and ilaticanal advertising t0 compare It to renrnd the
Conunission that the DDA was given the tourism responsibility for the community and
the DDA is the only entity that doe's tourism advertising. Mrs. Ferrer stated. the Chamber
of Conunerce used to do this but it is now the responsibility of the• DDA and anything out
of Palm Peach Courity is considered regional for tourism and that component is
extremely critical that it be,, maintained as well. She stated in the local campaign the
study suggested that the DDA own [lie retailing holidays (i.e.. Christmas, Mother's Day,
and Valentine's Day). hl addition, Mrs. Ferrer stated the Board came. back with
subbestions last month of local ideas and at the. same time her staff has put together an
intense email intenlet Local marketimy b,-cause thorough their Mother's Day and
Sweepstakes which they have added to their website th y have been able to caphire
1,500 - 2,000- emails'of local people who are really interested in downtown. Mrs. Ferrer
stated the DDA sent :a survey out to theril that asked them to cheel: off if they want to
lalow about special events, if they want the current calendar ,f events, if they want the
merchant specials, and if they want to hear about Chamber events, She stated this is very
cost effective because. the. DDA does everything for the internet in their c-ffice.. Mrs.
Ferrer stcrtted producing the constant contacts to them is all done. in house. She stated that
in addition to examining Other local components that we can cooperatively advertise, with
not only the property owners of the hotels which are definitely tourism but all the local
merchants are struggling. The DDA will s• t up giant prop -an-is that these people can
apply for to help ease. the cause of their contributing to advertising. Mrs. Ferrer stated the
DDA co -ops with the merchants so that they get four pages for the price of two in most
documents. She stated the DDA is working very closely with the restaurants, thy. hotel
properties, and the merchants (especially the Pineapple, Greve area and West Atlantic
Avenue) to help them promote themselves.
Mayor Ellis declared the public hearing open. There being no one. from i
the public who wished to address the Commission regarding Resolution No. 40 -OS, the
public hearing was closed.
Mr. McDuffie stated as we look at the City's budget we need to look at all
Of them because we are talking about biting down l.512% and the DDA's is going up !
4.SS°U. IIe would like to make sure that the City tales a close. loot: at this one just as well
as we. d r, our own budget. 1
-16-
09/03/08
Mr. Fetzer concurred with conments expressed by Conumissioner
McDuffie and noted that the DDA clues a lot of Beat things. He stetted he fully supports
what they have accomplished in the downtown but he has some. reservations about
increasing the millage rate. Mr. Feuer conuriented. about the. $ 17,000.00 difference in
revenue and stated he would like to see more, justification on the need for that and how it
will be used specifically.
Mr. McDuffie stated the City is now receiving studies on Old School
Square and the, Tennis Stadium which is giving the City an eccan. -Nnic innpact in the
community, IIe stated if the DDA can determine what the impact of toLi ism advertising
is he would like this information br! sught back: to the C� mi- nissi� ail as well.
It was the conscnsus of the. C� �nmissioil to request the DDA to provide the.
Connnussioii with any additional information that would support the request for an
increase in the millage.
Mr. McDuffie moved to approve Resolution No. 40 -08 (Tentative Millage.
Levy/DDA.), seconded by Mr. Bernard. Upon roll call the Conunission voted as follows:
Mr. Fetzer — Yes; Mr. McDuffie. — Yes; Mr. Bernard — Yes; Mayor Ellis — Yes; Mr.
Eliupouk- Is — Yes. Said motion passed with a c k, 0 vote.
10.C. RESOLUTION NO. 41 -08 (TENTATIVE BUDGET ADOPTION
FOR FY '_009): A resolutic- m tentatively making appropriations of sums of money for all
necessary exp .nditure.s of tho City of Delray Beach for the= pi =rind Oclobe.r 1, 2008
through September 30, 2009.
The caption ofR,e,solution Nu. 41 -08 is as follows:
A RESOLUTION OF TIIE CITY CC►MMISSION OF TIIE
CITY OF DELRAY BEACH, FLORIDA, MAI�II�IcJ
TENTATIVE APPROPRIATIONS OF SUMS OF
MONEY FOR ALL. NE( ESSARY EXPENDITLTRES OF
THE C_'ITY t=)F DELRAY BEACH FOR TIIE PERIOD
FROM TIIE 1 `t D AY OF Oi-'Tt 1BER, 2008, TO TIIE 30"
DAY OF SEPTEMBER, 2000; TO PP.ESCF:IL .E TIIE
TERTVIS, CONDITIC -)NS AND PROVISIONS WITH
RESPECT T� ► TIIE ITEMS OF APPRCiPP.IATIuI\TS AND
THEIR PAYMENT; AND TO REPEAL ALL
RESOLUTIONS WHOLLY IN CONFLICT WITH THIS
RESOLUTION AND ALL RE SOLUTIONS
R--TCOI•ISISTEI•JT WITH THIS RE- SOLUTION TO TIIE
EXTENT OF SUCH INCC►NSISTENCY.
(The. official copy of Resolution No, 41 -0° is on file in the. City Cle.rL-'s
office.)
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09/03/08
A public hearing was held hiving been legally advertised in compliance
with the laws of the, State. of Florida and the Charter of the City of Delay Beach, Florida.
The City Manager stated this is the budget for all the City's finds. The
General Fund Budget is $98,860,000.00 and noted that the total budget for the. City is
$147,006,000..00. IIe. stated staff will be making some adjustments based on the things
discussed about reducing the millabe• and adding back in some additional fielding for
School Crossing Guards and keeping the Animal Control function. The City Manager
stated that will be reflected in the final budget resolution that will be before. the
Commission on September 16, 008- He stated the entire budget is on the website in
detail under the Finance Department.
Mr. Elic ►poulos stated the City has not heard Irani the CP.A and asl_ed if
the City Manager has any c•� Imme•nts with regard to the sponsorship of the terinis
tour aments. The City Manager stated lie expects the Cr—,k will sponsor the. tennis
tournament's but does not la-tow exactly what level. IIe stated they will be meeting at a
Special Workshop Meeting on Monday, September 8, 200", to male that decision. The
City Manager stated the City has glade some,. C•viitingency plans if the CR,1 comes out a
little less th ai what they have. tallied about then the City can still cover that.
Mr. WDLIMl stated with the understanding as well that approval of this
bud-et will be adjusted down if the. millage. rate. is reduced in the coming budget
hearings.
Mayor Ellis declared the public hearing open.
Pam O'Brien. Executive Director of Aid to Victims of Domestic Abuse
AVDA urbed the Comniiasion to find support in tire. budbet for there. She. stated she is
spearing on behalf of 273 Delray residents who called AVDA's hotline this last year and
52 Delray Beach residents who received significant support services from AVDA
through their shelter or counseling progranis. She stated AVDA gives them a safe• place.
to stay and l.eeps them alive so that they can spend money downtown and they ceui
cel•biate, events lil e Christmas, Mother's Day and Valentine's Day and become
productive. rations of the crnlnLnity. Ms. O'Brien stetted the City's support is very
important to AVDA and encouraged the. Commission to see if there is any way they can
support AVDA because it is critical to their operations. She stated the result is women
and children stay alive (although they do serve risen 97% are woniert) and at the end of
the year they actually serve niore children because the typical mother comes with 1 or 3
children. Ms. O'Brien stated AVDA appreciates the City's support on their upcoming
51" run but asl--ed the. Conu- nission te► get AVDA in tire. budget.
Alice Finst, 707 Place Tavant, Delray Beach (speaking on behalf of
Carolyn Zimmerman who was not feeling will and went home.), stated she would life
to have Nancy Kinb's position as Truman Resource Consultant be restored to the budget.
Mrs. Fins t read a statement into the. record :`✓ripen by Carolyn Zinuiiernian.
09/03/08
Nancy Hurd, CEO of the Achievement Centers for Children and
Families, eormnented about the partnership that the City of Delray Beach has had with
her agency over all these years. Ms. IIurd stated the Achievement Centers serve, over 700
children ages 12 months to 16 years of age and all of their families and this is done with
the priority being protective services (child is abused, neglected or abandoned or high
risk for any of those factors, they serve. low income. working poor families, teed] parents,
back in school, legal refzraee entrant, and any parent that is in job training leading to fiill-
tim,-. e.mploymeni). She skated the Achievement Centers are a safe. haven for the children
but in the process they educate and train them and support thedn in their efforts to achieve.
school readiness, to have shill building opportunity, to achieve higher :- academics, and to
mal :e healthier life style choices. Ms. Hurd stated every singl, : one of their parents worl:
and in the. 39 years that they have been in service they have never had a family that has
failM to I c; Inlc. off welfare and they have never lost a fancily bier: to the system. Ms.
IIurd stated they provide over 85 jobs in the connntinity and they are all local Delray
people which is $1.8 million back into the community in someone's salary.
Ms. Hurd stated nett year they are stepping up t,-- celebrate. their 40 year
anniversary of service in this community an11 thanl_ed the Cormnission for all of their big
and little investments.
Daisy Fulton, Executive Director of SPADY Museum, on behalf of
their Board of Directors EPOCH (Expanding and Preserving i:iur Cultural Ileritaae.), they
feel that it is time. to stand before. the C•111117r1ss11_Ir7 "11111 recomizc: the City kr all that they
do for them. She, stated the SPADY Museum is th . only Af7'ic;:►n An- lericUul Cultural
IIeritaa :. Museum in the County. She stated the Spady Museum is one of the sites listed
in the. Visit Florida � pamphlet. She stated they recently had the opportunity alp Ina with
Old School Squar,:-, and a few other sites that features Delray Beach and the cultural
atrnospher,. and trio attractions b-1 invite. px.ople to come to our city. Ms. Fulton stated
they arc actually contributing themselves now as a site and attraction in the State of
Florida as well as on a national level. Sho stated last year over 10,000 visitors visited the
SPADY Museum, f_lur new traveling xhibits on a quartzrly basis, seiiing the record last
year for Spady L.,ivim, Heritage Day, and the lecture Sel'ieS ci n riectina cormnunity and
culture. Ms. Fulton stated the City's investment iS. working and thanked the City
Conunission.
There being no one else from thtm . public. why I wisL ,d I,-, addr-_.s the
Co11 miscron reaal'ding Resolution No. 41 the the. public hearing was closed. 4-1
Mr. Fetzer moved to approve Resolution No 41 -08 (Tentative,. Budget
Adoption for Fiscal Year 2009), seconded by Mr. McDuffie. Upon roll call the.
Commission voted as follows: Mr. MCDuffie. — Yes; Mr. Bernard — Yes; Mayor Ellis —
Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes. Said motion jx-lssed with a 5 to 0 vote.
WRE
09/03/08
10.D. RESOLUTION NO. 32 -08 /CONTRACT FOR SALE AND
PURCHASE OF PROPERTY /COMMUNITY REDEVELOPMENT AGENCY:
Consider approval of Resolution No. 32-08 authorizing the City to transfer/sell City
owned property, located al N.W. 2 "d Street, to be utilized for affordable housing
purposes; and approve Contract for Sale and Purchase between the City and the Delray
Beach Conirriunity Redevelopment Agency in the amount of $10.00.
The caption of Resolution No. 32 -08 is as fellows:
A RESOLUTION OF TIIE CITY COMMISSION OF TIIE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING i TIIE CITY TO SELL TO BUYER
CERTAIN REAL PROPERTY IN PALM BEACH
COUNTY, FLORIDA, AS DESCRIBED HEREIN,
HEREBY INCORPORATING jkND ACCEPTING TIIE
CONTRACT STATING TIIE TERMS AND
C(:)NDITIC ►NS FOR TIIE SALE AND PURCHASE
BETWEEN TIIE BUYER AND TIIE CITY OF DELRAY
BEACH, FLORIDA.
(The official copy of Resoluti_in No. 32 -0S is on file in the City Clerk's
office.)
A public hearing was held having beeat legally advertised in compliance
with the. laws of the. State. of Florida and the Charter of the City of Delray Beach, Florida.
Mayor Ellis stated there. is a revised Contract for Sale. and Purchase.
The City Attomey stated the closing date changed from August to
Septe►nbl.r 30, 2008 and this is a sliver cif land located on N.W. 2"d Avenue. and N.W. 5th
Avenue. She stated this is a piece of property that the City of Delray Beach would like to
convey to the. CP.A so they can group it with other properties to make, buildable lots for
affordable housing.
Mayor Ellis declared the public hearing open. There• being no one. from
the public who wished to address the Co nintiSsion regarding Resolution No. 32 -08, the
public hearing was closed.
Mr. Elic-poulos moved to approve Resolution No. 32 -08, seconded by Mr.
Bernard. Upon roll call the Coni niasion voted as follows: Mr. Bernard — Yes; Mayor
Ellis — Yes; Mr. Eliopoulos — Yes; Mr. Fe -zer — Yes; Mr. McDuffie• — Yes. Said motion
passed with a 5 to 0 vote.
10.E. ORDINANCE NO. 37 -08: Transmitial hearing for Comprehensive Plan
Ame.ndme.nt 2008 -WSP1, regarding the Water SL►pply Facilities Wort_ Plan.
The caption of Ordinance No. 37 -0S is as follows:
-20-
09/03/08
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
ADOPTING COMPREHENSIVE PLAN AMENDMENT
2008 -WSP1, TO PROVIDE FOR A 20 YEAR WATER
SUPPLY FACILITIES WORI-� PLAN, PT MSUANT TO
TIIE PROVISIONS OF TITE "LOCAL GC ►VEI -NA- 4ENT
COMPREHENSIVE PLANNING AND LAND
DEVELOPMENT REGULATION ACT ", FLORIDA
STATUTES SECTION 163.3161 TIIROUGII 163.3243,
INCLUSIVE; ALL AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" ENTITLED
"CC►MPP.EIIENSIVE PLAN AMENDMENT 2008 -
WSPI" AND INCi_ ►P.P(_ )P._4TED HEREIN BY
REFERENCE; PROVIDING A SAVING CLAUSE, A
GENER,,kL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 37 -08 is on file in the. City Clerk's
office.)
The City Attorney read the caption of th• ordinance. A public he• ring was
held having been le -golly advertised in compliance with [he. laws of the. State of Florida
and the Charter of the City of Delray Beach, Florida.
Peron IIoggard, AICP, Principal Plaiuier, stated thc: puipos:e• of this
ai11endment is to irieet :a State requirement which requires that local o Overillnents adopt a
ten year Water Supply Plan and incorporate it into their Compr .h.�ns.ive Plan. Mr.
Hoggard atated the Commission saw a presentation on th;. City's 20 -year Water Supply
Plan that Richard IIasho (Director of Envi onin .ntal Services) gave at a May 1311
Workshop this year. Mr. Haggard stated this amendment to the Comprehensive. Plan
includes the. following three le, %( amendinents: (1) Add sub - element for 20 year Water
Supply Facilities Work Plan to the Public: Facilities Element, (2) Add policy A -1.10 to
th�_ Capital Improvernmt Eleanlmt dealing with capital improvcancnts for rcclaimM water
system and Table. RW -CIP in Capital In-tprovernent Element, (3) Add Table. RW -CIP, 5-
Year Capital Improvements Schedule. for Reclaimed Water Systz.m to the. Capital
Iinprovemerit Element. The• Water Supply Plan itself is to inv,_ntoiy the City's existing
water supplies and project tha future water demands through the year 2030 based on the
population projections, examine and evaluate alternative water supply scmrces as all
addition to the City's e.xisting supply lo meet ftiture demands, and development an
implementation plan for the selective alternative approach.
The, City of Delray B,.ac:h c, �ntracted with CII2M Hill, Inc. and they did a
report last _y`.ar and evaluated nine (9) alternative•_: f, f :additional w::rtcr supply to meet the
City fiiture de.niand. Mr. IIoLgard stated the final recommendation was that water re -use.
was the best alternative to illeet the future demands.
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09/03/08
At its meeting of August 18, 2005, the Plalmling arld Zoning Board held a
public he ring regarding the amendment and the Bc-ard recominende•d approval with a 4
Cc, 0 vote.. Staff reconlrtlends approval of Ordinance No. 37 -08 all First Reading and will
send this to the Department of Colrmntnity Affairs (DCA) for their review and this will
come back later in the year.
Mayer Ellis declared the public. hearing open. There being no one from
the public who wished Cc, address the. Comnlission regarding Ordinance. No. 37 -08, the
public hearing was closed.
Mr. McDuffie• moved to approve Ordinance No. 37 -08, seconded by Mr.
Elic,poulos. Upon roll call the Cormitission voted as follows: Mayor Ellis - Yes; Mr.
Eliopoulos - Yes; Mr. Fetzer - Yes; Mr. McDuffie. - Yes; Mr. B-l7lard - Yes. Said
motion passed with a 5 to 0 vote.
1O.F. ORDINANCE NO. 09 -08 (FIRST READING /FIRST PUBLIC
HEARING): City initiated amendments to the Land Development Regulations (LDR)
amendin- Article 4.5, "Overlay and Environmental Manage- rtlealt Districts ", Section
4.5.1, "Historic. Preservation bites and Districts ", enacting a new Subsection 4.5.1(N),
"Criteria for Change of Historic. Desigpati n andlor Classification ", and a new
Subsection 4.5.1(t_1), "Procedures for Change. of Historic. D z sig nation and /i_ir
Classification ", in order to provide criteria arid a method for it change of historic
designation and /or classification. If passed, a second public hearing will be schedltle.d for
September 16, 2008.
The caption of Ordinance No. -0-081 (Version 4) is as follows:
AN ORDII -4ONCE OF TIIE CITY CC►MMISSI� �N OF
THE CITY OF DELR AY BEACH, FLORIDA,
AMENDING TIIE LAND DEVELOPMENT
RE( -j TLATIONS BY AMENDING ARTIC.LE 4.5,
"OVERLAY AND ENVIP.ONMENTAL
MANAGEMENT DISTRICTS ", SECTION 4.5.1,
`HISTORIC PP.ESEP,,VATION SITES AND
DISTRICTS ", BY ENACTING A NEW SUBSECTION
4.5.1(N), "CRITERIA FOR REDEFINING
BOUNDAPUES OF HISTORIC DISTRICTS ", AND A
NEW STJBSECTIt =►N 4.5.1( ► =)), "PROCEDURES FOR
REDEFINING BOT ND ARIES OF HISTORIC
DISTRICTS ", IN ORDER TO PRC ►VIDE CRITERIA
AND A METHOD FOR INCREASING _ATTD /C =►R
REDUCING HISTORIC DISTRICT BOUNDARIES;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE AND AN EFFECTIVE DATE.
(The• official copy of Ordinance No. 00-0 (Version 4) is on file in the
City Clerk's office.)
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09/03/08
The caption of Ordinance No. 09 -01 (Version 5) is as follows:
AN ORDINANCE OF TIIE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING, THE LAND DEVELOPMENT
REGULATIONS BY MMENDING ARTICLE 4.5,
"OVERLAY AND ENVIRONMENTAL
MANAGEMENT DISTRICTS ", SECTION 4.5.1,
'HISTORIC PP\-ESERVATI(_ )N SITES AND
DISTP.ICTS ", BY ENACTLNG A NEW SUBSECTION
4.5.1(N), "CP.ITEP..L4 FOR CHANGE OF HISTORIC
DESK ;NATI(- -)N :kND /(--)R CLASSIFICATION ", AND A
NEW SUBSECTI( --)N 4.5.1((_1), "PROCEDUP.ES FOR
CHANGE OF HISTORIC DESIGNATION � _ND /OR
CL.ASSIFICATIi=)N ", IN i -iRDER TO PR(=)VIDE
CRITERL,k AND A METHOD FOR A CII_ANGE 0
HISTORIC DESIGNATIC►N AND /OR
CLASSIFICATION; PRi=►VIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE AND AN
EFFECTIVE DATE.
(The official copy of Ordinance N• . 5) is on file, in the
City Clerk's office.)
The City Attorney read the caption of the,. ordinance.. A public hearing
was held having been lc•,Jally advea•tised in compliance with the law_ of the. Stet,_ of
Florida and the Charter of the City of Delray Beach, Florida.
Co11 misoiCHler Ehopo ul; )s declared a conf ict of interest and slopped down
from the dais.
Paul Dorli11G, Director of Planning and ring, slat- °d these, changes are
modifications to LDR Section 4.5.1 to provide crit %•rla and a method for removal fi'Gm of
expansion of a historic district as well 'cis a proci °dtire for reclassification of contributing
and non- ccontrlbuting properties. At the City Commission Workshop Meellnb of July 3,
2008, both Versions 4 and 5 were presented. At that time, the Cily Colmnission directed
staff to tale these versions back for review and recommendations by each of the advlsoly
boards. Prior to that time, Versions 1 -5 had gone. for\vard, versions 1 -3 had bo11e before
many � �f the boards, and then Verskm 4 an.] 5 came. out of input from the Planning and
'Zonln- Board. Mr. Do rlin- stilted Version 4 refers to is re•fer`enced as "Red,2;fl in.-^-
« ..._
Bat111i1a17Gs � �f jh_ °.t� rl'lc D13i11Ct3" \vlille Vcl's1��11 5 1'cfc'•rS to I�l1tr11a for Removal fiolil or
E7,:pansi� �n of a Historic District" which is a more appropriate title.. Mr. Dorlina stated
Version 5 also i includes :additional process termed "Criteria for Change of Historic
Classification" which allows a change. of historic classification which allow„ a ch--inoe: of
a historic classification if a survey 1'eu--11 mends the inclusion of all additional pe11cld of
significance.
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09/03/08
Mr. Dorlinb stated the I3istoric Preservation Board (HPB) considered the
subject arne- ndrinents at their August b, 2008 greeting and they recommended approval of
Version 5; the. Pineapple Grove Main Street Committee considered the subje:.t
aniel dinents at their meelilnb of Aug -ust ii, 2008 and rei onninended approval of Version 5;
the Downtown Development Authority (DDA) considered the subject amendments at
their meetilnb � ►f Ati just 11, 2008 and recorninended apprc ►val of Versicin 5; the West
Atlantic Avenue Redevelopment Coalition (WARC) considered the subject aniondments
at their meetim, of Atigiist 13, 2008 and recon'llnlended approval of Version 5; the
Conmiunity Redevelopment Aoeniy (CRA) considered the subject. amendments at their
Au-ust 14, 2008 meeting and recommended approval of Version 5; the Planning and
Zoning Board considered the subject amendri-ients at their August 18, 21.10" meeting and
reconintended approval of Version 5.
Mayor Ellis declared the public hearing open.
Matthew Grabham, 350 S.E. 7th Avenue, Delay Beach (Marina
Historic .District), stated the. background t• ► this ordinance, conies from the 300 block of
the Marina District where a lot of development has taken place and the character of
district has chanced. Mr. Grabliam stated the 300 bl• ►ch is seeking t•, be released fr, --,m
the district. IIe asl_ed under each of these versions can the 300 block be released
CCnlsidellna they follow all of the pre ,ccdUral steps that are required. Mr. Grabllaani stated
the roascm he is ashirna is because in Version 5 there 1. language for adding :a pCri-)d ��f
significance, which effectively opens up anything 50 y,.ars old or greater to be. considered
historic. Inc: ste=tted if thy. City does this without tal_ing the other parts of
recoinnio ldatic►lls from re-survey which the City has conducted into account this could
put the City in a "catch 22 ". Mr. Grabhanl stated if the City accepts the. survey they can
say that here are a couple • ►f houses which are straggling dawn at the end of the. 300 block
which arguably Could now be Called historic. IIe stated ft. ordinance seams to have
brown with the idea c of the expansion of the• historic district in Version 5 and to his
under tandrila this was focused on the 1SSUe. Of 1'e leaSlrla people from districts. Mr.
Grabham stated legally you have to have public participation and the oppor'lunity to
Coneur with oi' object to being desiop -sated historic in a. Case of expanding a district
(His(oric. Preservation Act of 1066). Mr. Grabham expressed concern with the period of
significance hmguage. in Versi. ►in 5 ill that we• are op mills lip locking down anything that
is 50 years old with a description of the architectural style never being red�_vzaoped. He
stated his main concern was whether the 300 block could be released under Version 4 � ►r
Version 5.
There being nc► one else fi'oni the. public who wished to address the.
CommissiL ►n reaardlna Ordinance No. 00 -0`�, the public boaring was closed.
Mayor Ellis; asked if staff lmows the amvvor to Mr. Grabham's concern
about being able, to be removed from the distrid under either of these versions. In
response, Mr. Dorlina stated there are rec gin- iondati ills glade for partial r'e1 -naval of the
block in those surveys. Mr. Dorlinb stated the fact that this ordinance. was initiated by
issues of the 300 block of the Marina District, it was to bring forth a process to modify a
historic district. IIe. stated in their case. they would lilac to rernove it. Mr. Dorlinb 3tatcd
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09/03/08
modification can also go the other way and that is why it is included as an expansion and
when appropriate based upon a reconi nendation of a survey. Mr. Dorling staled this
group would lil:e. t� � take re corninendations of the survey that riay support removal of a
piece but that same survey may make some recomulendations with respect to the period
of siDmilicance. and lie feels that if the City is going to tale those reconullendations to
merit then we need to look at the entire picture..
Mr. McDuffe, stated we are. not saying that a property is declared
historically significant at 50 years period and asked are. there other qualifying factc-rs. M
response., Mr. Dorling stated that there are other qualifying factors.
Mr. et::er moved to approve Ordinance No. 09 -0c,' (Alternate ; 4J —V ed'.?re�n
4) on First Reading /First Public Hearing, seconded by Mr. - McDuffie. Upon roll call the
Conunission voted as follows: Mr. Feuer — Yes; Mr. McDuffie. — Yes; Mr. B z.rnard —
Yes; Mayor Ellis - Yes. Said niotion passed with a 4 to 0 vote.
Mr. McDuffie moved to approve. C rrdinance. No. 09-08 (Alternate. 7 -
Version 5) on First Reading/First Public Hearing, seconded by Mr. Bernard. Upon roll
call the Commission voted as fellows: Mr. Fetzer — Yes.; Mr. McDuff e — Yes; Mr.
Bernard — Yes; May.--ii- Ellis — Yes. Said motion passed with a 4 to 0 vote,.
10.G. ORDINANCE NO. 30 -03 (FIRST READING /FIRST PUBLIC
IIEARING): City to the Land De.vekpme.nt Regulations (LDR)
Section 2.2.6, "The. IIistoric. Preserva(i� �n B1 Baird ", Subsection (D), "Duties, Powers, and
Responsibilities ", to provide consistency with the requirements listed in other sections In
the Land Development Regulations (LDR), amending Section 4.5.1, "IIistoric
Preservation Sites and Districts ", Subsection (D), "Review :�1b1 Approval Procedures ",
(E), "Development Standards ", (F), "Restrictions on Demolitions ", (II), "Undue
Economic IIardship ", and (I), "IIistoric Preservation Beard k-1 act on Site Plans,
Landscape Plans, and Architectural Elevations ", to require that relocation of a stricture
not occur until the building permit or thm . redevelopment plans have been issued. If
passed, a second public hexing will be scheduled for Septeaiiber 16, 2008.
The caption of Ordinance No. 30 -08 is as, follows:
AN i ►P_L)I_NANCE OF THE CITY CC ►MMISSIOId OF
THE CITY i �F DELPAY BEACH, FLOP-IDA,
AMENDING TIIE LAND DEVELOPMENT
REGULATIONS OF TIIE CITY OF DELP.AY BEACII,
FLOPIDA, BY J"1 4ENDINi3 SECTION 2.2.6, "TIIE
IIISTi =►F1C PFTSER VATI0N BOARD", SUBSECTION
(D), "DUTIES, POWERS, AND P.ESPONSIBILITIES ",
TO PR1=►VIDE CONSISTENCY WITII THE
REQUIP.EMENTS LISTED IN OTHER SECTIONS IN
TIIE LDRS, AMENDING SECTION 4.5.1, "IIISTORIC
PRESERVATION SITES AND DISTRICTS"
SUBSECTION (D), "REVIEW AND APPROVAL
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09/03/08
PROCEDURES ", (E j, "DEVELOPMENT STANDARDS ",
(F), "RESTRICTIONS ON DEMO ►LITIONS ", (H),
"UNDUE ECONOMIC HARDSHIP" AND (I),
"IIISTt )P\-IC PRESERVATION BOARD Ti ► ACT ON
SITE PLANS, LANDSCAPE PLANS, AND
ARCHITECTURAL ELEVATIONS ", TC) REQUIRE
THAT RELOCATION OF A STRUCTURE NOT OCCUR
UNTIL THE BUILDING PERMIT FOR THE
REDEVELOPMENT PLANS IIAVE BEEN ISSUED;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 30 -0 is on file in the City Clerk's
office.)
The City Attornoy.read the caption of the ordinance.. A public hearing was
held having been legally advertised in compliance. with the. lays of th,_ State --If Florida.
and. the Charter of the City of Delray Beach, Florida.
Paul Dorling, Directs �r of Planning anal Zoning, stated this is an
amendment t.) LDR Sections 2.2,6(D) to provide consistency with the. roquinmie•nts listed
in other sections of the LDMs and artiending Sections 4.5.1(D), 4.5,1(E), 4.5.1(F),
4.S.I(H), and 4.5.1(I) to require that relocation of a strLlcture not occur until a building
pennit has been issued for the associate• redevelopment plans. Mr. Dorling stated this
would apply similar regulations to relocations as currently ,:vest for demoliti� ins.
At its meeting of August 6, 2008', the IIistoric. Preservation Board (HPB)
considered the. SLlbject amendments and recommended approval; at its meeting? of August
6, 2008, the Pineapple, Grove Main Street (PGMS) committee. considered the subject:
- anendments and recommended approval; at its meeting of August 11, 2005, the
Downtown Development Authority (DDA) considered the subject amcndinents and
reconunended approval; at its meeting of August 13, 2003, the West Atlantic
Redevelopment Coalition (WAMC) considered the subject ame•ndnlents and
recommended approval; and at its meeting of August IQ,, 2008, th? Planning and Zoning
Board considered thizt subject amendments and recommended approval.
Mayer Ellis declared the public hearing opon. There• being no one, from
the public. who wished to address the Commission reoardino; Ordinanc,° No. 30 -08, the
public hearing was closed.
Mr. Eliopoulos moved to approve Ordinance No. 30 -08 old First
Reading /First Public Hearing, seconded by Mr. Fetzer. Upon roll call the. Conua,ission
voted as follows: Mr. McDuff e• — Yes; Mr. Bernard — Yes; Mayer Ellis — Yes; Mr.
Elic,poulos — Yes; Mr. Fetzer — Yes. Said motion passed with a 5 to 0 vote,
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09/03/08
10.H. ORDINANCE NO. 41 -08 (FIRST READING /FIRST PUBLIC
IIEARING): City initiated amendment to the. Land Development Regulations (LDR)
Sectioii 2.4.3(13) "Standard Plan Items ", Section 2.4.3(M) "Credentials for Preparation of
Certain Submission Items" and Suction 4.6.13 "Li tin" t provide for new lighting
g
standards. (THIS OP�DINA_1VCE IS REQUESTED TO BE POSTPONED)
The City Attorney stated there. is no ordinance. to read at this tine..
Mr. Eliopoulos moved to postpone. Ordinance. No. 41 -OS on First
Readin- /First Public IIearing, seconded by Mr. McDuff e.. Upon roll call the
Conwzission voted as fellows: Mr. Bernard — Yes; Mayor Ellis — Yes; Mr. Eliopoulos —
Yes; Mr. Fetzer — Yes; Mr. McDuff e — Yes. Said motion passed With a 5 t. � 0 vote..
10.I. ORDINANCE NO. 35-08 (FIRST READING /FIRST PUBLIC
IIEARING): City initiated amendinent to the Land Development Regulations (LDP.)
amendino, Section 4.6.19(D), "Proscn vation and Promotion of Existing Plant
C•mununities'; Section 4.6.19(E), "Tree, Removal and Land Clearing Penriits ", and
Appendix "A ", "Definitions", to clarify the regulations governing tho "Tree Trust Fund ".
If p ssed, a second public hearing will be held on September 16, 2008.
The caption of Ordinance. Ni. 35 -08 is as f=ellows:
AN ORDINANCE OF TIIE CITY Cl--IMMISSION OF
THE CITY OF DELRAY BEACII, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS CIF TIIE CC►DE CIF C-iRDINANCES, BY
AIbIEND1NG SECTICIN 4.6.19(D), "PRESERVATION
AND PROMOTION OF EXISTING PLANT
COMMUNITIES"; AMENDING SECTION 4.6.19(E),
"TREE REMOVAL AND LAND CLEARING
PEPRMITS ", YMENDING APPENDLX "A ",
"DEFINITIONS ", TO CLARITY TIIE FTGUL ATIONS
GOVERNING TIIE TREE TRUST FUND; PROVIDING
A SAVING CLAUSE, A GENEP.AL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance 140. 35 -08 is on file in the. City ClmrL's
office.)
The City Attorney read the caption of the. ordinance. A publicc hearing was
h,, °.ld Navin--y boen le. ;;ally advertised in compliance with the Laws of the. State of Florida
and the Charter of the. Cityof Delray Beach, Florida.
Paul DorlinL, Director of Platining and Zoning, statz.d this LDR
Aneiidment clarifies the, ro�-,ulations governing the Tree. Trust Fund. Currently, the tree,
ordinance has provisions for trey' ream ival with or without pell -nitS and responsible
-2%-
09/03/08
mitigaticin C-)r those trees tied to caliper size. Mr. Dorling stated this ordinance ;amends
the section of the tree ordin nce t� � appropriately include• and specify the fee— amount and
method of calculation In the appropriate secti on and reinoves the monetary amount that
currently is in the tree trust fund definition.
At its meeting of July 21, 2000._:, the Planning and Zoning Board
recommended approval with a 4 to 0 vote.
Mayor Ellis declared the public hearing open. There being no one, fiom
the public who wished to address the Co►rll111sS1o11 regal'ding Ordinance N. 35 -05, the
public healing was closer].
Mr. Bernard moved to approve Ordinance No. 35 -OS on First
Reading/First Public Healing, seconded by Mr. McDuff e•. Upon roll dill the.
Conmiissi� �n vot .d as follows: Mayor Ellis — Yes; Mr. Eliopoulo — Yes; Mr. Fetzer —
Yes; Mr. McDuffic — Yes; Mr. Bernard — Yes. Said motion passed with a 5 to 0 vote.
10,j. ORDINANCE NO. 38 -08 (FIRST READING /FIRST PUBLIC
HEARING): City initiated amendments to the. Land Development Regulations (LDR)
for Section 2.4.3, "Submissi on Requirements ", Subsection (K) "Fees" to provide fees for
extension requests; Section 2.4.4 "Gerte•1 al Procedures Pertaining to Approval of Land
Use and Development Applications ", Subsections (D), "Establislunent of Project
Approvals", (E), "Expirati. )n of Apprc -vals ", and (F), "Extensions", to � provide for the
e. _pin -ation and e-_tensi� �n of tine for Class I - V Site Plan Modifications and Gcrtif cat,_ s
of Appropriateness. If passel, a second public h,_aring will be held on Sept,_mbi r 16,
2008.
The, c.aptic- •n c- •f Ordinance No. 3(31-08 its is
� a ll ows:
AN ORDINANCE t =►F TIIE CITY COMMISSION OF
THE CITY OF DELP.AY BEACH, FLORRIDA,
AMENDING TIIE LAND DEVELOPMENT
PxEGL iLATIC►NS t--)F THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTIC ►N 2.4.3,
"SLTBMISSIC►N I' Y)UII' EMENTS ", SUBSECTION (K),
"FEES ", IN ORDER TO PROVIDE FEES FOR
EXTENSION REQUESTS; AMENDING SECTION 2.4.4,
"GENERAL PRCu= 'EDU.ES PERTA.ITNUNG TO
APPROVAL OF LAND USE AND DEVELOPMENT
APPLICATIONS ", SUBSECTIONS (D),
"ESTABLISHMENT OF PROJECT APPROVALS ", (E),
"EXPIIL4TION OF APPROVALS ", AND (F),
"EXTENSIONS ", TO PROVIDE FC►R EITENSIC►NS OF
TIME FOR CERTIFICATE OF AI'PR ►= ►PP\-L,PR(
PROVIDING A SAVING CLAUSE, A GENEP.AL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
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09/03/08
i
(The official copy of Ordinance Nt,. 3S -08 is on file in the. City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public healing was
held ))avid- been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this LDR
Amendment clarifies the approval periods for Class IN site. development plans, site plan
modifications, and conditional iise requests. The amendments also establish approval
periods for all Certificates of Appropriateness. Currently, Certificates of Appropriateness
and site plan inodilic.atio ns do not have a stipulated expiration date in the LDRs. The
amendment also establishes a fee schedule, for all extension requests.
At its meet inLa of Au"Ust 11R, 00S, the Planning and Zoning Board
recommended approval with a 4 tr_, 0 vote.
Mayor Ellis declared the public healing open. There being no one from
the public who wished to address the Conunission re- ardlnc Ordinaiic. No. -U', the,
public hearing was closed.
Mr. McDuffie nnuved to approve Ordinance No. 3"S-OS on First
Reading /First Public Raaring, seconded by Mr. Eliopoulos. Upon roll call the
Commission voted as follows: Mr. Elie �puulos — Yes; Mr. Feuer — Yes; Mr. McDuffia —
`l'es; Mr. Bernard —fires; Mayor Ellis — Yes. Said motion passed with a 5 to 0 vote.
At this paint, the time being S:05 p.nl. the Commission ni oved t� � Item
11.B., Comments and Inquiries on Noll - Agenda Items from the City Manager and
the Public.
11.A. City Manap_er's response to prior public comments and inquiries.
The City Manager had no response to prior public ci -irinients and
inquiries.
11. From the Public.
11.11.1. Marl: Fields, 414 Seasa2e Drive B4, Delray Beach, e- pressed concern
over kite boarding or, the beach. I e, stated he his bees) surfing for the. last five. days and
some people have come within 0-10 feet of hire with their kites and spray hint like one
would with a wags- ski. Mr. Fields staled kite boarding is a d nlgeruus spurt and the
ordinance, in plac.° is not wurl:inL and 300 feel (100 yards) is not enough. FL. stated
sometimes the surf is way out past 100 yards. Mr. Fields stated at s rule point an accident
is roin-, to happen ::rind hc. does not want to be injured, crippled or killed. IIe• suggested
that the Conunlission research this by going on Google. to see. how many accidents
occurred. Mr. Fields st_nted he is not talking about the people. who gu out during a
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09/03/08
tropical stoma and want to kite surf but instead he is talking about the. average. everyday
kite. boarder. IIe stated there aret some very Joy �d late boarders who have tried to address
this issue; however, there are always those who do not pay attention to the,. ordinance and �
once the lifeguards leave it is a free, for all. Mr. Fields stated Richwa =en's has a sigh for
the. kayat:s that says "100 feet south" and noted that this, is not adhered to. IIe stated
there are. going to be injuries, death or lawsuits; and when the Sea -ate Beach Club ,pens,
Mr. Fields staled the Commission is really going to hear it.
11.B.2. Rangel Santiago, 566 Udell Lane, Delray Beach (sneaking on behalf of
the children of the Delray Rocks Football Team), stated since its creation in 1967 the.
Delray Rocks have been a positive influence in the lives of our children in addition to
providing a healthy, safe, and cornpelitive environment it has also produced many great
athletes and citi::ens. She stated many of the coaches and teai;a leaders have devoted
many volunteer hours each year from July through November. Ms. Santiago expressed
concern that this 41 year old tradition will be. jeopardised by the lack of having a home
field � �n which Co play and the fact that the existing IIilltopper Stadium is in need of a
Vigil level of maintenance (i.e.. leveling). Ms. Santiago stressed flow important it is for
the Delray Rocks to have a heroie field within close proximity of where. the children live,
etc. She stated with regard to the condition of the field at the cold Atlantic IIi -h School
site, the irregular and uneven surface will become a ha-ard and a safety issue,. for the
children as tinie noes by. Ms. Santiago stated they understand that fiends are limited
during this fiscal year due to the. chall m es the City is e.xpe6mcing with the budget.
However, they are -1p.'D to fundraising efforts tc, leverage, the funding deeded with
coniinitrnerits from the City and the Palm Beach County School Dislricl to dither repair
the IIilltopper Stadium or male. the Atlariiic Digit School Football Field suitable, far use,
by the Delray Racks Team.
11.B.3. Chuck: Ridley, 137 S.W. 121h Avenue, Delray Beach, thanked the City
Conainissioil for their support that th,- staff h:w provided and stated this week Jertnifer
Buc.e (Litter Prevention Coordinator) did a litter pick tip in his neighborhood (Atlantic.
Part: Gardens, Carver Park and Sunshine Part:.). Mr. Ridley stated there were. over half a
dozen police officer:, city staff and one Commissioner who joined th'mi to help pica: up
litter. IIe stated it was ;a very well received event and is a 2good example. c �f how citizens
came to- caller. Mr. Ridley slated Code Enforcement also went through three alleys and
cleared out the. overgrowth and the debris.
Secondly, Mr. Ridley stated they also :appreciate the support from the. City
with re -ard to the drug trafficking that is happening in that area. He stated MA.DDADS
Street Patrol is -Vino to be li �lding a vigil to rri grow eveniri- at �:�n p.m. in partnership'
with the Police Department.
Lastly, Mr. Ridley stated he met Ms. Santiago aril ether citi2ens regarding
the Delray Rocks .old cone vented that they really want to establish a tin►,_ 'for staff to
speak to them and make clear the following: (1) Is there any plan or project that is going
to not allow the Delray Rocl:s to play at the IIilltopper Stadium, (2) If it is, provide a
timeline so the citizens can begin to understand what that impact means, (3) Let ille
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citizens know who is currently responsible for the maintenance of the stadium and the.
field, (4) In who's budget is the. funding allocated to .make sure. that the field is well
maintained., (5) Who is responsible for keeping the field maintained. Mr. Ridley stated
they will be.. glad to sit down with staff and tall: this tiv'c►1igh so that we can make sure. that
a long standing tradition continues. He stated the City's rile, traditionally has been to
make sure.. that the Delray Rocks has a field to play in, equipment, and a staff acid he
urged the City to continue in that r ►le• so that we. call c� ntinue• tills ,- eat tradition.
11.BA. Rosa, 613 S.W. Sth Avenue, Delray Beach (unable to obtain last name),
speaking on Behalf of the Delray Rocks, stated her daughter cheers for the Delray Rocks
and her scan plays for the. Delray Rocks. She expressed concern -)ve.r the. children and
stated this pro D. -am helps to keep the. children off the street so that they have. somewhere.
to go so they will not get into � trouble.
At this point, the time, being 8:17 p.m. the Comirtission moved to Item 12,
First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 42 -08: An ordinance: amending Chapter 52, "Water"
of the City Cody of Ordinances by amt'nding Section 52.34, "WaC%- -r Rates ", Cc, provide
fir a 5% increase. in residential, notuesidential, and irrigation rites for FY 2009. If
passt�d, a public hearing will be scheduled for September 16, •2008.
office.)
Tree caption of Ordinance. N• 42 -08 is as follows:
AN ORDINANCE OF TIIE CITY COMMISSION OF
THE CITY OF DELP.AY BEACII, FLORIDA,
AMENDING CHAPTER_ 52, "WATER ", OF TIIE CODE
OF i 1PItINANCES OF TIIE CITY OF DELRAY
BEACII, BY 1,"4ENDING SECTION 52.34, `:WATER
RATES ", SUBSECTION 52.34 (B), TO PROVIDE FOR
CIIAN JES IN RATES FOR FY 200C,; PP_CtVIDI1,,1G A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 42 -0:J� is on file in the City Clark's
The City Attorney read the caption of t1L_ ordinance..
Mr. Feuer moved to approve Ordinance. No. 42 -0S on FIRST Reading)
seconded by Mr. Eliopc xulos. Upon. roll call the C-- immission voted as follows: Mr.
Fete r — Yes; Mr. McDuff e. — Yes; Mr. Bernard. — Yes; Mayor Ellis — Yea; Mr.
Ehopoulos — Yes. Said motion Paa�.c.d with a 5 to 0 vote.
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09/03/08
12.B. ORDINANCE NO.. 43 -08: An ordinance. amending, Chapter 53,
"Sanitary Sewers ", of the City Code of Ordinances by amending Section 5 3. 130, "User
Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge ", to provide for
increased sewer rates for FY 2009. If passel, a public, hearing will be. scheduled for
September 16, 2008.
office.)
The caption of Ordinance N• 43 -08- is as follows:
AN ORDINANCE OF TIIE CITY COMMISSION �N � ►F
THE CITY OF DELRAY BEACII, FLORIDA,
AMENDING CILAPTER 53, "SANITARY SEWERS ", OF
TIIE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACII, BY AMENDING SECTION 53.131,
"USER CIIARGES; WHOLE SALE SEWED. RATES;
CALCULATION OF SEWER SURCIIARGE ",
SUBSECTION 53.13u(1)), TO PROVIDE FOR
INCREASED RESIDENTIAL AND
NONP\-ESIDENTLkL /Ct= ►MMERCI4L RATES FOR FY
200c); PROVIDING A GENERAL REPEALER CLAUSE,
A SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance. No. is on :Cle in the City Clerk's
The, City Attorney read the, caption of the ordinance..
Mr. Elie �p� �ulos mov�.d to approve. Ordinance No. 43 -0S on FIRST
Reading, s,conded by Mr. McDuffte•. Upon roll call the Commission voted as follows:
Mr. McDuff e. — Yes; Mr. Bernard — Yea; Mayor Ellis — Yes; Mr. Eliopoulcos — Yes; Mr.
Fetzer — Yes. Said motion passed with a 5 to 0 vote..
12.C. ORDINANCE NO. 44 -08: An ordinance.. amending Chapter 51,
"Garbage. and Trash ", of the City Code. of Ordinances by amending Section 51.70,
"Regular Charges Levied ", to provide for 1nereas ing contracted garbage, trash, rx-ycling,
vegetation, and bull: waste collection service rates for FY 2009. If passed, a public
hearing will be scheduled for September 1(,, 2005.
The. caption of Ordinance No. 44-01" is as follows
AN ORDINANCE OF TIIE CITY COMMISSION OF
TIIE CITY OF DELRAY BEACH, FLORID A,
AMENDING CII'1PTER 51, "GARBAGE AND TP.ASH ",
OF TIIE CODE OF ORDINANCES OF TIIE CITY OF
DELP.AY BEACH, BY A .MENDING SECTION 51.70,
"REGULAR CI-I_ARGES LEVIED ", TO PROVIDE FOR
INCREASED RESIDENTLIL AND COMMERCIAL
COLLECTION SERVICE PATES FOR FY 2009;
PROVIDING A GENEr-,AL P.EPEALER CLAUSE, A
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09/03/08
office.)
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance. No. 44 -08 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Mr. Elir -p, �ulos asked if 11-us is the contract that the City slid with Waste.
Management. The City Manager stated this incorporates the provisions of that contract.
Mr. Eliopoulos coinniented that the munthly recycling service. charge increased and he
thought this was handled by the Solid Waste. Authority. The City Manager stated (he
Solid Waste. Authority does the. recycling but Waste M inagernent does th• Colle•etion.
Mr. Bernard moved to approve Ordinance No. 44 -05 on FII:ST Readinb,
seconded by Mr. Fetzer. Upon roll call the Conunissic on voted as follc ws: Mr. Bernard —
Yes; Mayor Ellis — Yes; Mr. Eliopoulos — Yes; Mr. Feuer — Yes; Mr. McDuffie. — Yes.
Said motion passed with a 5 to 0 vote.
12.D. ORDINANCE NO. 45 -08: An ordinance, amending Chapter 92, ");oats
and Boating," � If the. Code ; �f (_)1'dlnances by amending Subsecti� �n x)2.3 ?, "Dockage
_
Rates", to provide for a change. in the rate St1-L1CtL11'e 011d the iddltlon of application .-uid
daily docl:ii�G fees. If passed, a public healing will be.. held on September 16, '_'008.
office.)
The. capti� ri of Ordinance No. 45 -08 is as follows:
AN 0RD1N,,\N( --E OF TIIE CITY COMMISSION OF
THE CITY OF DELRAY BEACII, FLORIDA,
AMENDING CIIAPTER 92, "BC -)ATS AND BOATING"
OF TIIE CODE ),)F C)P.DIN."- —CES BY AMET-d1)I1`TG
SECTIi )N 92..33, "DOCKAGE R kTES ", TC► PR( =)VIDE
FOR A CHANGE IN TIIE P A.TE STRU)- 'TUP.E AND
THE ADDITI( =)N OF CERTAIN FEES; PROVIDING A
SAVING CLAUSE, A GENE-P -AL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(Th.. official copy of Ordinance, No. 45 -08 is on file, in the City Clerk's
The City Attorney read the caption of the.. ordinance.
The City Manager explained that this ordinance will add a fee for applying
.71 for dockage. spacu, and for keeping your name. -,n the. list and also for daily dockage.. The
City Attorney stated this Gives the City the. ability to do it and the City will set (his. by
rescoluti on after this ordinance, is passed.
Mr. McDuffie asked if (lie fee was the. same for live. aboards as well as non
live abcards. The City M:aiager stated the fee. is the same for both.
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09/03/08
Mr. McDuffie moved to approve Ordinance.. No. 45-08 on FIRST Reading,
seconded by Mr. Bernard. Upon roll call the Cununission voted as follows: Mayor Ellis
— Yes; Mr. Eliopoulos — Yes; Mr. Fe.t2er — Yes; Nh-. McDuff e — Yes; Mr. Bernard — Yes.
Said motion passed with a 5 to 0 vote.
At this point, the. time. being 8:21 p.m. thy. Conullission Moved back to
Item 9.B. of the Regular Agenda.
9.B. WAIVER RE, QUEST/ST. GEORGE SUITES /AUXILLARY POWER
GENERATOR: Consider a request for waiver of Land Developm nit: Regulations
(LDP.) Sections. 4.3.3(00), "Multifamily Residential Buildings Equipped with
Elevators ", which requires that all new multifamily residential buildings (including hotels
wid motels) equipped v✓ith public elevators shall provide. auxilialy pcIwea generators f_Ir
all lliterior coiridrr lighting and exit signs and at least one (1) public elevator. (Quasi-
Judicial Hearing)
Chevelle D. Nubiri, City Clerk, swc ore in the -se individuals wlla wished to
give testimony on this item.
Mayor Ellis asked the Conunission to disclose their ex parte
communication . The Commission missi Xn had no ex parte. c on-Unuili ati ills to disclose.
Paul Dorling, Director of Planning and fining, stated this is consideration
of a waiv ?r from LDR Section 4.3.3(1 lu) for the St. ieorge• Suite's Hotel project. This
section of the LDRs requires that all new multi- family residential buildings including
hotels and motels be.. equipped with public elevators that would provide power for all
Ulterior lighting, exit slgils and at least one public elevator in the. event � �f a
power outage either by a stc -inl or other causes.
At its meeting of June 13, 2007, the Site• Plan Review and Appearance
Beard (SPP . B) n_viewed and approved the Class V Site Plan application for the St.
George Suites. The approval included the. demolition of the existing of ice building and
residential dwelling unit and construction of a four-story building that contains 6 hotel
rooms and spa facilities. The• applic-ant in doing his final elevations on this plan is now
before the Commission sce -Ling a waiver of this requirem-ml for a generate -r.
Mr. Dorling stated LDR Section 2.4.7(B)(5) findings are made and
discussed in the staff report. He. stated the applicant dc yes not want to provide this
becau3e they beli?vc that the cast is prohibitive as well as a Staternml that if a storm is
approaching the applicant would empty the: hotel. Mr. Dorling stated I,6_re.. are. other
issue, with POwed' OutageS not related to stCdnls. He stilted the waivi',r analysis sides into a
discussion about those very same things. The Fire- Res,.Ue Department was constiltld on
this and they do appose this waiver request based upon public safety concern and the
increase, In 11s1: to 1nedlCal l mists and rescue should tho' pow,d' g� � out whether it be,
related to a storm or not with a 4 -story building if thc: Fire - Resew. Department had to
respond to an c med'gency :old there was no power for all elevator they would have to haul
that patient down four storms.
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09/03/08
At its meeting of August 13, 2008, the Site Plan Review and Appearance
Board (SPR B) recommended approval of the waiver. After dissuasion, the Beard
recommended approval subject to the. following condition: (1) that they provide a
manual transfer switch for a generate,r in the place of an automatic permanent generator.
Staff recoirnlends that this waiver be denied because, the Fire - Rescue Department is
particularly concerned that this would set a precedent baaed purely on e.conomic reasons
that this LDR requirement should be. waived.
• Mayen• Ellis stated if anyone from the public would like to address the
Coniriiission regarding the. waiver request, to please come forward at this time. There
being no one from the, public who wished to address the Conuiiissic in, the. public hearing
was closed.
There was no crass - examination or rebuttal.
Mr. Eliopoulos stated this is all intense use• on a small site. Mr. Eliopoulos
stated he feels we.. have learned what hurricanes do to us in South Florida acid what
generators actually do. IIe. stated over the.. years people. have actually improved their
situations and are a little. better prepared. Ike feels this is a small requirement t�. make
these, buildings safer. Mr. Eliopoulos stated as fat• as providing a nisinual transfer switch
teclulically it is a safer way to '?o if you do not have a aenorator but it transfer switch
really works to have the goner etc r and th „n it would Lien oil aulornatically and that would
get the. people. out. Mr. Eliopoulos stated he. does not support the waiver.
The Ciiy Attorney briefly reviewed the Board i_]rder with the Conunllsslon
who made findings according to then' Co1L':el]�tl�: (attached 1 "lelet0 13 3 copy and rinsed' an
CO official part of the minutes).
Mr. Bernard ni �ved to adapt the Board Order as presented (denying the
waiver request) seconded by Mr. WDtlffie. Upon roll call the Co111rilission voted as
follows: Mr. Eliopoulos — Yes; Mr. Feuer — Yes; Mr. McDuffie• — Yes; Mr. Bernard —
Yes; e — Mayor Ellis
y Yes. Said ]llotloll paased with a 5 to 0 vote.
9.C. CONTRACT AWARDS /PROPERTY & CASUALTY INSURANCE
COVERAGE: Consider approval of tile, contract award through RFP =_'00° -!8 to
Emplo_y%•rs Mutual, Iilc. for brol_e.r services and Gallagher Bassell Se.rvice.s Inc. for Third
Party Claims Administrator (TPA) services for property and casualty insurance coverage
for the period of October 1, ?006 through September 31, 2011.
Frain_ Babin, Risk Manager, stated this is a request for the Conninission to
cons.idea" an award of a contract for the. insurance broher'and a Third Party Claims
Adnninistratc ,r (TPA). Mr. Babin stated the City's property and casualty insurance. (which
includes Worker's Cornpc.n:ation insurance) for the. current broker Arthur J. Gallagher
and the current TPA Gallagher BaSse•tt Services' cc Mract e }:pipes in September 200*. As
a result, Mr. Babin stated staff went out for a Request for Proposal (P.FP) in July 200
requesting broker services and thai the. broker recomm nd :a Third Party Claims
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09/03/08
Administrator (TPA). He stated there were close to 80 -100 that were either sent to
request RFP's and five were returned. Mr. Babin stated the City farmed an Evaluation
Committee which consisted of the Frank Babin, Risl_ Mana er, Susan Ruby. City
Attorney, Bruce Koeser, Hlunan Resources Director and Joseph Saff�a•d, Finance
Director. Mr. Babin stated several weeks after the. City received the. P.FP's they vent
through the written proposals and evaluated these and contacted the• refeiiclls selectively
and prospects were also contacted for additional information. The Conunittee• held all
presentati,)ns on Friday, August 15, 2008 and each broker had apprco :imately 1 '/2 hours
to give their presentation and were asked questions by the COmynittez•. At that point, Mr.
Babifi stated staff evaluated the additional information because they received the Oral
presentation and more contacts were made selectively by the referrals that were given to
the C� �nunittee by the. brokers and TPA's and they accumulated additional information by
conta%.ting the prospects. Mr. Babin stated in the Agenda backup staff has indicated what
the broker and TPA criteria. were that the Committee used to evaluate, the broker's and
TPA's. Mr. Babin further explained the more unique criteria such as the compensation,
the costs, the trusts, the significance of the broker location, significance of a broker and
TPA having handled Florida Goveriufneint accounts. Mr. Babin stated as a result of this
total effort, staff reconnnends that the Conunnission approve. Employers Mutual, Lie. Out
Of Stuart for broker services and Gallagher Bassett Services, Ine. (current incumbent) for
TPA services.
Mayor Ellis asked if Plastridge• Agency were using a pool. In response,
Mr. Babiri stated that Plastridge Agency was using Florida � Municipal Insurance Trust
(League of Cities sponsors [lie EMIT). Mr. Babin stated Employers Mutual, Inc. (EMI) is
not a trust but they proposed a directly written insurance program as the City ciiiTently
has.
Mayor Ellis stated when she attended the League. of Cities Conf_r_nce in
Tampa last month there, was an entire day far just Mays ors ff inn all over tln� Stag. She
stated that pool from the League of Cities is very popular in other cities and the Mayors
have very favorable things to say about this. Mayor Ellis clarified ilia( EMI would not be,
able to net a quote fronn the League of Cities but they would be using an actual carrier.
Mr. Babin stated this is correct and this is what the City has in its current program.
Mayor Ellis asked what the me -st determining f -ictor was between EMI and Plasti idge.
Mr. Babin stated it was the fact that they were a trust that was a concern not that they
were not actuarially sound. He. stated there was a strong preference among the
Conllnittee to have directly Nvritten insurance and the concern was in par( conceivably
losing Control of a setticinne nt Claim and the. administriitii fln of claims. Mr. Babin stated it
is his understanding that when yc- -u gO into :a "pi_- ,ol of trust" you are n ot as fi';'. t! � direct
the administration of claims as you normally do.
Mr. Eliopoulos stated EMI canie in at $100,000.00 i and Plastridge. came in
at $ 125,000.00. He asked what the percentage is for EMI. Ill respoinse, Mr. Babin stated
EMI is a flat percent. Mr. Elie ipoulos asked how much insurance c; average the. City is
going for. Mr. Babin explained this is for all Of the City's programs and the Conurii[tee's
recommendation is to change from Arthur J. Gallagher t- D EMI. Mr. Babin stated there
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09/03/08
are nc r other additional compensations arid the $100,000.00 to EMI would be thee. total fee.
Tim McCleary, President of Employers Mutual, Inc. (EMI), stated he
feels the City should select EMI because it is based � rn the fact that a city the size cof
Delay Beach they feel should be in a stand alone program and will have a better chance
at cc rntrolling their destiny. IIe stated typically a trust has 500 members and you are put
into r a big p,-)al of property limits and they might have towers and the City would be.
sharing their property limits with 100 other districts. IIe. stated if a hurricane were to hit
and the entire tower is wiped out then the. City of Delray Beach would be. uninsured on
the top and on the bottonn because when the City goes to settle the claim with the. trust the
City would have. to share a deductible allocation with the. rest of the members in the dust
as well as a limit allocation with the rest of the. trust. IIe stated when &.sling with a trust
the. insurance program would be. run by a Board consisting c rf a half do7-17 people thus
Contri liimi 500 insurance programs. IIe stated most of the members of the League of
Cities are smaller that do not have the funding or the scope. to r self unsure se.. they go into
these. pools. IIe stated in their current prvgi-am they can imps- rve. on a lit of the terms and
conditions and stated there are some flood issues they have addressed in the P-, P and
some, sexual m -lestation issues. He stated they have. been handling public entities
through• rut the State for 25 years (over 70 throughout the Southeast), billions of dollars In
TIV's (Total Insured Values) that they handle and they have a lot of direct assets to the
markets. IIe suited the Florida Municipal Itlsurance Trust (FTvIIT) is a direct access
market.
Tom Lynch (The Plash•id6e Agency), stated the trust was started 31
years anG when municipalities in Florida were having trouble gelling instlranCe S� r the
Florida L,�agtte, of Cities started the trust. He, stated before that pe.tiod � rf Time they used
to write. th; insurance. for the. City of Delray Beach and in the 1960's, 1970.- and 19.2a1's it
was bid the same way it is bid now. IIe. stated you would bid � gine broLer and that brol: r
would -i-, on to the markets and Curve. bacl: And get the best price from those companies.
Mr. Lynch stated the. market has changed and they rccontrnended to staff several years
:lei r you should not be d rota the sarrle PtFP's that were, done :.Cveral years abCr becauzo
only certain agents can represent the trust and rather organizations. Mr. Lynch stated that
you really \vast tv make Sure. to ret all the competitive markets out there.. Mr. Lynch
stated the trust is not a shared pool and the City would have specific insurance.. IIe stated
right now the City is only burying half the,, insurance for the. eXPO;Ure; if you have
%200,000,000.00 worth of Property you are buying about $100,000,000.00 ►.00 i rt insurance
so you are not really buying the full amount. Mr. Lync11 stated there are• different silos in
the trust and 16_ -e are ten different silos and the City of Delray Bt_-ach N;Iould have a part
of their insurance in each one of those silos. III. stated this protects the City and it is
called th• "sp- ad of risl:" which is what insurance. is all about. Mr. Lynch stated the
City would have, a lower deductible. IIe. stated all they arc asking is to :allow the trust to
Live the City :a proposal. Mr. Lynch stated it would not cost more than $125,000.00
(maxiniurn1) and Plastridge would charge, a fee. � rf 60 o of the premium. Mr. Lynch is
requesting that the CO1n11T113slCrn allow the trUSt to bill along with the other carrier and at
that there they can show the Con-u-nission all the financial stabilities of the companies
mcludmL the rates, e.tc. Mr. Lynch briefly spol• about the seven criteria.
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09/03/08
The City Manager asked Mr. Lynch to comment on the issue of claim
control. Mr. Lynch stated since. the. City of Delray Beach wants to use Gallagher Bassett
Services, Inc., the Leaagie is aan•eeable to use Gallagher Bassett: and they have used it in
other cities. Mr. Lynch stated as far as he knows there have. been no problems and they
would work with the City Attorney to pick the. attorneys that the City would like to use as
Iona as their fees are in the. ranges that they should be.. With regard to stability, they went
through four stornls in 2004, they went through IIurncarle Wilma in 2005, and they paid
their claims. IIe. stated they are extremely well funded.
The City Attorney asked if it is possible to adjust the deduc:libles so that
the City caul maintain the in -house litigation and control the City's destiny. Mr. Lynch
stated they can do SIR-Is (Self Insured Retention) c in limits Mishit the City would like to do
it. IIe, stated all the City's property what they reco rninended Cu the Connnittee was that it
would be YZIJ of each building instead cuf a 5° �, deductible for the total insured value and
this would be a much higher deductible. that the City would have to absorb. Mr. Lynch
stated for buildings such. as Old School Square they could do a buy dowel of the
deductible or a Citizen's Underlining Prograrn that could save the City a list (if money c'n
the buildings which would be most susceptible. to storms and problems. The. City
AttenTicy asked if they could do the sanie on the liability �';� ca.3ualty. Mr. Lynch stated
they could do an SIP_ on that as well. Mr. Lynch stated in 2006-2007 the. program was
very successfi.rl and the League. is giving bacl: ten million dollars to the cities. IIe stated
in the case, � �f Delray Beach it would have amounted to 20 %, of the. premium and the City
would have. received L- act a cheek for approximately 1050,000-$400,000.00. i,i i00- $400,000.00. Mr. Lynch
scat- °d it is a non- ass�•sSablo policy sc, that if they lose nioney in a year they do not :assess
you. II-. stated it is not a "pool prograni" or "shared limit ". Mr. Lynch stated ihe. City
would have specific limits for the entire.. insurance program.
Mr. McDuffie, stated earlier in the meeting the. Commission was talking
about millago rat. :s, etc. and emphasized that the City Commission needs to lock at who
hives the best deal for the best price.. IL. stated certainly [lie. City does net want to incur
an incredible amount of excess risk by doing; that but he feels the City should loot: at
every alternative we possibly can.
Mr. Babin cautioned the Conunissicn that we. do not lack just simply at
premiums because Florida Municipal Insurance Trust (EMIT) can probably get lower
premiums; however, at what cost. Mr. Babin stated as the. Committee went flirough the
brokerage process every bruises had the best. However, Mr. Babin stated it is a matter � --,f
evaluating all five and saying where can we get the best (not necessx-ily the least
expensive. but the best buy). IIe. stated the Committee decided that our own policies with
Our own limits ar , the mere favorable way to go.
Mr. McDuff e stated if we take anyone's ward for sonie.lhing tlie•n shame
on us. However, if the City does find something that is a betG'r value and reduce It to
contract te.inls that evelyone can agree to then he feels Chen they have done what the
taxpayers expect and what our own Budget Task Force has advised that the. City
Commission lock into.
1•LIM1:
Mr. Babin stated if the City chooses to g0 that way it cannot just be EMIT
and Plastrid -e. that has t0 -o out but the: City would have to redo the entire. process and
what would happen is the City would have to a0 out as we.. did for broker services and
then asl: the brokers what marl:ets they Prefer. He. stated then once the City gets the bids
back in the City would rate the brokers. Mr. Babin stated this is a difficult process and
cautioned the. Conmlission to really think this through.
Mr. Eliopoulos asked if the Commission could consider going with these
top two. The. City Attorney stated she believes the Conunission could select one but to
have competition that no one else had the same advantage on the bid is a problem. The
City Attorney stated the Con- unission could g0 with The Plastridge. Agency because they
third: the trust is the appropriate thin- and they know just from experience in talking with
other Mayors that the cost is gain- t• o be go ►d and competitive. and that they tare. local.
Or, the Conunission can select EMI who is sornewhat local (Stuart) and go out for that
1-ind of a progm-mi. The. City Attorney stated if we are going to change the bid to go out
on the market and get its the best rates and th-m we. will compare what the insurance is
going t,_► look like plus the. brokera_,e fee then that is somethin- different and probably not
appropriate.
Mayor Ellis stated she heard frorn so many Mayors who were very
satisfied with this progJrarn and the service they received. She. stated when you are ill a
room. with that many Mayors and you do not really hear something negative then she
feels this would have been made. lmown. Mayor Ellis stated everyone in attendance was
in the market For insurance from all over the State. She stated many of the Mayors
convinced her that this was worth lo.Wkin- into because of the. value received in lower
premiums, the. service that they have received, and the Third Party Adniinistratc-rs.
Mayor Ellis recommends moving f� rtivard with Thy, Plastridge Agency and hay._ them
come back with what they cart come, up with.
Mr. Bernard moved to approve the bid award for broker services t0 The
Plastrid -e• Agency and bid award t. � Gallagher Bassett Services, Inc. for Third Party
Claim Administration (TPA) for property and casualty insurance coverage for October
1, 2005 through September 31, 2011, seconded by 'Mi. McDufhe. Upon roll call the
Conuyiission voted as follows: Mr. ret :er — Tess; Mr. McDuff e — Yes; Mr. Bernard —
Yes; Mayor Ellis — Ye..:.; Mr. Eli, �poulos — Yes. Said motion passed with a 5 to 0 vote..
9.D. NOTE, MORTGAGE AND SUBORDINATION
AGREEMENT /AUBURN TRACE, LTD: Consider approval of a Note, Mortgage,
Modification and Subordination Agreement between the City and Auburn Trace, Ltd
which includes, in writing, the previously agreed upon terns to forgive ono million
dollars of the UDAG loan if paid by 2010, and the payrrient of the Land Note. to � the. City
in the amount of $2176,432.00 upon execution of the modification and however, adds a
Subordination Agr•eenr,ent; providing that the. City will be 1noved fW-Inl second place.
behind th, rhion Bail: WrNpge to fourth l,lace, b ..hind two loans. from C-6on Baal: and
behind the Small Business Loan.
W!z
09/03/08
Conuiiissione- Bernard declared a conflict Hof interest and stepped down
from the dais.
The City Attorney stated sometime ago as Bart of its efforts to-, secure a
CWI-111 Grant from the State, Auburn Trace came before the Coirinlrssion seeking some
chances to:) the City's UDAG (Urban Development Action Grant) Lean ALneernents and
there was some pressure at that time to mal :e. the, CWHIP deadlines. The City Attorney
stated in the CWHIP Application they represented that we would enter into a!Treements
that would provide a $1,0O1,000.00 loan forgiveness of the UDAG Loan if it was paid in
20-10. Iii addition, (lie. City Attorney stated they would pay off the Land Note in the
amount of S276,432.06. The City At:torn,.y stated that it was the understanding of the
City that it was supposed to be paid off upon execution of the. agyeeme.nt. She stated she
was provided a DVD today and it talks about pays off at closing but She think=s what we
meant to say and what Rebecca O'Corinor's nurnbers were confinned and built on Would
be that when we enter into the closin- meaning entering into this revised Note and
Mortgage Agreement. The City Attorney stated this Note., Mortgage Modification and
Subordination Agreement /Auburn Trace, LTD provides for forciveness of the loan if the
conditions are. met about early payment and if no-$t it would continue until it reached its
end. She. stated the.. other regw_st that was made, that was not part of any earlier
conversations was a subordination agreement that we would be in fourth place behind
Orion Ball: and currently the City is second behind Orin on Bank: but they would refinance.
and deals a little bit with their project in Boynton. The City Attorney st=ated there would
be those two Oriari morlg;ages and then there is a :mall business associatic nl lean that the
City is currently in fTont of and they have asked the City to acree to r be. subordinated
behind that loan too. The City Attorney made reference. to Mr. W.iner's letter which
states: "We. are attempting tC, re;arran -e this finan.inS, by taking a mortgage and
promissory note with Aubuiii Trace as the Borr ewer and Ba)niton Bay as the Lender,
which will be assio 1ed to Oric,n BanI, as additional collateral in the. principal amount of
$700,000.00 and placing it in a s•cond position m behind the first mortgage � of Orion Balk:.
Some of these.. fiords will be used to pay in frill 220% Match T TDAG Loan. So afterwards
the financing will be as follows: (1) Orion Banl: with an approximate balance of
59,500,000.00 (?) Orin in Banl: in the principal amount of $700,000.00 by way of an
original morto =ige which shows Boynton Bay as the Lender and Auburn Traci. as tho
Borrower assigned to Orison Bank (3) The SBA loan with an approximate balance. of
$400,700.00 (4) City of Delray Beach consisting of a Primary T DAG Leal with all
approximate balance. of $3,500,000.00."
The City Attorney stated the LTDAG Loan pr-)gram is really over and has
been but these are Federal grant funds that thy. City received a lon-- timo ago under this
program that the City has disbursed for the building of Auburn Trace and the City is to be
repaid. The Finance Department recc ,n mends denial of the subordination agreement
because it places the City of Delray Beach fourth.
Michael Weiner, 10 S.E. 1St Avenue, Delray Beach (Attorney with
Weiner, Aronson Se. Mankoff, P.A.), stated he. is here this evening on bohalf � �f the
projects referred t•, as Villao_ Lakes and Village of Delray. He stated these are located
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on Auburn Avenue. (S.W. 5th Street and S.W. 4th Street). Mr. Weiner stated the. request
before the Commission is a refinement of certain arrangements that were made in January
2008 concerning the linancin- of these projects. IIe stated the mortgages cover
approximately 31 acres and the first mortgage is with Orion Barth with an approximate
balance of 59,500,0011.00. Mr. Weiner stated then the City has their group of mortgages
which started out at $5,800,000.00 and they have been bringing them down. IIe stated
they now have. two of tyre. three. left; one, of them is for $276,000.1=10 and they want to try
and acceler.lte a payment to the City of Delray Beach under teens that are acceptable to
both parties and this would relieve.. the City of $3,800,0110.00. Mr. Weiner stated in third
place is an SBA loan of 5400,700.00 (goverrmnent loan). IIe. skated there is an 11 acre
site making up the. 31 acres which is 7-oned for 24 units per acre. which is going to be, a
rental project and them there, is 20 acres which is zoned at 18 units per acre. which is the
remainder of the site. Mr. Weiner stated they are. proposing a repayinent in frill of that
2 °a login (5276,432.00) to the City of Delray Beach acid tl►e.y will do that for the. record at
the, close of Orion Bail:. He stated that would leave one loan for the City in the. amount
of 53,800,000.00 subordinated and they would asl: it to go behind wliat totals
511100,700.00 in the Gann of a 5700,0011.00 loan and the SBA loan of $400,700.O0 they
cannot get the federal Gc �verinnient l o stay in any other place so therefore Mr. Weiner is
asking that the City of Delray Beach subordinate to it. Mr. Weiner stated Tom IIinuers,
Chief Executive Officer (CEO) of Auburn Management, Inc., would ;Actually use the
value. and equity he has in another project called Boynton Bay in order to arrange a
mortgage. Mr. Weiner stated Boynton Bay is actually the lender and Auburn Trace is the
borrower and it gets assiVried over to Orion Banl and this is the way they w; Mild like. to
arrange f nancing. Mr. Weiner stated the. City's collateral will b,_• worth 532,000.00
instead of 5''9,000.00 per unit. IIe stated once. the Boynton Bay project is complete., arid
all of this unwind; and they do not need this mortgago at that point it reverts bacl: to a
line. a credit and noted all of this is going to happen soon. Mr. Weiner stated when they
close on the 11 x-.res and it gets released they will be significantly reducing the Orion
mortgage. by approximately 53,500,000.00 and this is e%pected to happen in February
2009. Mr. Weiner reiterated that they are closing with Orion Banl_ on this small pied
soon for $700,000.00 and then they are closing in F bivar}1 2009 allowing for the release
of the 11 acres in a substantial reduction of Orion. IIe stated they went through this so
that they could pay bacl: the. 52715,000.00 faster. Mr. Weiner stated this project is pint of
a revitalization of the Southwest sector in these diffioult economic times it is a credit to
Mr. IIinners' company as well as to the. Delray Beach Housing Authority, the City of
Delray Beach and the Community Redeve.lc 1pment Agency (CRA) that it can possibly be
achieved. Mr. Weiner thanked the Conununity Land Trust (CLT), the Delray Beach
Housing Authority (DBIIA.) and [lie G--innniunity Redevelopment Agency ICRA) far the
hand they have had in supporting their particular project over this period of time. Mr.
Weiner clarified that the. 5276,=43`_'.00 can be paid in connc.cti, in with this Orion financing
of the 5700,000.00 and when they would sign this document. IIe stated while this
financiii- assists in the, tirning of the project if it is the decision of the C. irPllllission to n ot
approve this they would be happy to have further discussions concerning the UTDAG
Loan and City Loan and how to repay it and how it is that they can accelerate this
$276,432.00.
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09/03/08
After brief discussion between Mr. Werner and the Commission it was the,
consensus of the Cornn11ssion to postpone this item with direition Co staff to re -ne,3 �tiate.
Mr. McDuffie moved to table and direct staff to re: negotiate. with Mr.
Weiner and Mr. Tom IIinners, seconded by Mr. Eliopoulos. Upon roll call the
Conunissiun voted as follows: Mr. McDuffle — Yes; Mayor Ellis — Yes, Mr. Eliopolilos
— Yes; Mr. Fetzer — Yes. Said motion passed with a 4 to 0 vote.
9.E. GRANTS FUNDING FOR NON - PROFIT AGENCIES: Consider
giant funding for non- profit agencies for FY 200,. -?009.
Mayor Ellis passed the. gavel to Vice Mayor McDuff e cold left the dais.
At this point, CUtTinussiOner Betnard returned to the dais.
Robert A. Barcinsl_i, Assistant City Manager, stated this is a request for
the Commission to provide staff direction concerning budget requests received for fiscal
year 20OS- 20()Q ended' the City Commission Special Event _'account as well as the.
miscellaneous rant division. He stated for fiscal year 2008 -2009 staff is proposing to
fund the• organizations that they funded last year at basically the same, amounts except
reduce the Sister Cities by approximately $500.00. Mr. Barcinsl_i stated the City received
one additional request from AVDA for their 51' , Wall_ for $3,0011.00. He. stated AVDA
indicated that they made, $57,000.00 on that wall: last year and propose. %60,000.00 this
year. Mt. Barcinski stated the oth.;r part of this is that for the Miscellaneous; Grants for
fiscal year 21_IOS-: -"009 staff recoriniends fundinc, in the same aniount.s to the same
organizations that were funded last year 1� �r a total of $191,000.00 but four additional
requests were received one fiorn AVDA. Ptr $25,000.00 for their programs, Alzheimer's
Cunui- tunity Care., Me. requested $5,000.00 to help offset the cost of a nurse that would
be based in Delray Bench to help with their progrim, Boca Raton Society for the
Disabled asked for $5,000.01 i for a Tuition Assistance. Program because they only have
15 clients one. of which is in Delray Beach and the Urban League requested $5,000.00.
Mr. Barcinski stated with regard to the Urban League, the ;general fund of the $5,000.00
was the. sallle request they made to the. Coinin nity Development Block Grant Program
which will be funding that $5,000.00 as well as some additional money far a foreclosure
pry lgram. The Druo Abuses Foundation -ets their funds through the City's c.ontributions
t• the Chris Evert Tournament. 1 11. Barcinski stated the Conmlic; ion has three• options:
(1) make no � changes to the budgets as proposed, (2) make no :hanges t• � the dollsIr
amount regtlesG�.d, but make changes to the amounts budgeted to each organi2ation, (3)
increase th, budo.ted :ailloLRlts and provide direction as haw to allocate funding.
The City Manages stated he received a letter today fl om Bill W, god with
the Chamber of Cununerce, regardin the Holiday Parade. ($1,50(1.00) which states "with
circumstances what they are I tibial: it inappropiiate. to request this out of the City budget.
The Chamber will conduct: activities to raise the. n,_cessary mon. °y from our members to
cover the expenses. Th-: City Manager stated that $1,500.00 is available to reallocate or
to put back toward the General Budget.
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09/03/08
It was the consensus of the Conunission to put $1,500.00 toward AVDA
for their 5K Walk.
At this point, Mayor Ellis returned to the dais.
Mr. Fetzer stated these are all worthwhile orc anizations and he.. would like.
I.-, Dive. them all whet they requested but it is dust not finxicially possible. He. stated
AVDA does provide a great servic• in the, co inniunity Auld it sounds like their walk is a
major f indraiser for them and would like, to see the Conumssic �n contribute, $ 1,500.00
towards that he feels this would be, a 6csture. that the City is liyinD to help.
It was the consensus of the Conunission to put 51,500.00 toward AVDA
for their 5K Walk and go with Option ,'2 Lind keep the budgeted levels the same for
everyone else.
9.F. APPOINTMENTS TO TIIE BOARD OF ADJUSTMENT: Appoint
one (1) regular member t! � the Board of Adjustment to serve it 1%vo (2) year t�d111 ending
on August 31, '_'010 and Celle (1) alternate member to serve all unexpired term ending
August 31, ?009. Based upon the rotation system, the appointments will be. made. by
Commissioner McDuff e (Seat 0) arv:l Commissioner Bernard (Seat �4).
Mr. McDuffie. moved to appoint Dale Miller as a regular member to the
Board of Adjustment to serve a two (2) year ten - e dirig August 31, '_'010, se,-onded by
Mr. Eliopoulos. Upon roll call the. Conmliss.ii n voted cis follows: Mr. Bernard — Yes;
Mayor Ellis — Yes; Mr. Eliopoulos — Yes.; Mr. Fetzer — Yes; Mr. McDuffie- — Yes. Said
motion passed with a 5 to 0 vote.
Mr. Bernard moved to appoint Kathy Shackinan as are alternate momb._r to
the. Board of Adjust111el1t to serve an Unexpired term ending August 31, 2009, seconded
by Mr. McDuffie. Upon roll call the Commissiiln voted as follows: Mayor Ellis — Yes;
Mr. Eliopoulos — Yes; Ali•. Fetzer — Yes; Mr. McDuffie. — Yes; Mr. Bernard — Yes. Said
inotion passed with a 5 to 0 vote.
9.G. APPOINTMENTS TO TIIE POLICE :ADVISORY BOARD: Appoint
one (1) regular inember and one (1) student member to serve an unexpired term wilding
on July 31, 2009. Based upon the rotation system til, appe ointments will be. made by
Con-iniissioner Bennard (Seat 4) ;-tn l Con-imissioner McDuffie (Seat `3).
Mr. Bernard moved to appoint Reg'ine Celestin as a student member to the
Police Advlsiory Board to serve an unexpired terfn ending July 31, 7009, seconded by Mr.
Fetzer. Upon roll call the Conmlission voted as f, �11c)ws: Mr. Eliopoulos — Yes; Mr.
Fetzer — Yes; Mr. McDuffie — Yes; Mr. Bernard — Yes; Mayor Ellis — Yes. Said motion
passed with a 5 to 0 vote.
Mr. McDuffie moved to appoint Jason Dollard as a regular member to the
Police Advisi,ry Beard to serve an unexpir._d terin ending July 31, 2000, seconded by Mr.
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09/03/08
Eliopoulos. Upon roll call the. Conn nission voted as follows: Mr. Fetzer — Yes; Mr.
McDufCie — Yes; Mr. Bernard — Yes; Mayor Ellis — Yes; Mr. Eliopoulos — Yes. Said
motion passed with a 5 to 0 vote.
13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS.
B.A. City Manager
The City Manager stated at [lie, League of Cities Board Meeting, the.
County presented some extensive revisions to then' Vegetation preservation protection
ordinance, basically because of their lacl: of fronds they no longer have grunt fiends
available for removal of exotic plants. IIe• stated the League raised tic' objection to that.
Secondly, Ile• stated we are• eint,lring the, tine• period where we need to
proms rte the. `:Let Us Vote" initiative (the County Charter .6miendment that will be. on the
November ballot). Th,e City Manager stated tile. City will start doing that through
publications, the City's webslte, and the. speaker's bureau, etc.
The City Manager stated the oral arguments on the Lake Worth case
regardilig aurtexation are scl]cduled for Wednesday, September 10, 2005. He stated the.
state says you cannot require a referendum if there.. are less than five or fewer property
owners affected in the anjae. ation. The City Manger stated [lie, trial court ruled that even
though the• property had one owner, that there were, more than those affected and this has
not been the interpretation cif thi_ Statute. IIe stated this is in litigation and it will be
heard by the appeals court.
IIe stated Susan IIa }mi• from the City of Boca Raton and Robart Gottlieb
from the Town of South Palm Beach hava been appointed to the Palm Beach County
Green Task force.
The City Manager stated Corninissioner ) liopcatlos had commented about
missing step signs at Miller Park and n.-Aed that those have been taken cafe A
The City Manager stated Conllliissioner Bernard had express•d concern
about animal control in the :southwest section and cornme•nt.ed that several wzzls age, the
Animal Control Officer rearms ved a do og in heat that wilt; causing many If the problems in
the southwest area. The do- wa3 surrendered by its owner as the. owner could no longer
properly care for the animal. The. City Manager stated when this animal was removed the.
City did not receive any additional complaints relative to dog packs in the area. The
Animal Control Officer subsequently attc:mptc•d additional trappings in th,_ southwest area
to capture, loose dogs. The trap that was being utilized was vandalizk d and rendered
unusable• and the dug that was observed in the. trap was set loose by the person who
vandalized the trap. M addition, one of the residents all S.W. 13th .venue, surrendered
sit: dogs approximately �:imate.ly 10 days ao The. City Manager stated since. the female in heat c
th
Was 1e]aVed and the sUrlelde1� f six other dogs by i G.W. 13 ,4Vedllle. 1'e:ildellt Vd'y few
i
calls have been received f]'om the, sc-uthwest area. He stated the. City continues. to patrol
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09/03/08
and answer resident calls as they are received. On August 2S, 200'S, the. Animal Control
Officer attended a southwest area neighborhood rieelin at the Neighborhood Resource
g
Centel' and residents in attendance indicated that the loose dog problem was better;
however, One residence was, beginning to � Lip, a problem :.again. 'The, relative of the owner
of the problem arouse indicated that she would contact a relative ;:slid try to get him to take
action against his tenant who is causing the problems.
U.B. City Attorney
The City Attorney had no comments, and inquiries on li �rl- agenda items.
B.C. City Commission
13.C.1. Mr. Fetzer
Mr. Fetzer had no con-mients or ingUirieS on non - agenda items.
13.C.2. Mr. Eliououlos
Mr. Ehopouh -)s had no coninlellts or inquiries � �rl nVll- aaenda items.
13.C.3. Mr. McDuffie
Mr. MoDuffe stated he had the opportunity this past weel: to attend the
Green Tasl_ Force. Meeting held at the Environmental Services Department (ESD). He
stated the mee ing Was very good and con�rlrented that Chris Massey with EC,-) Media
was the gLrest speaker. Mr. McDuff e stated ECCI Media is partner with CBS and noted
that this is an or -2anization with a lot of revenue behind it. Mr. McDuffie Mated the
presentation was the. partnership that they have with a number of cities acxoss the. United
States one of them being the City of Miami. He stated they prat up signa;e and Solar
panels and their therrie is that all of this is done at no cost in taxpayer dollars. Mr.
McDuff e. statad they have a Green Schools Project and the first project is one school per
city. IIe. stated there is a television program that they have. called ECr_► zone. and another
g •ant they have available is the. Green Block Grant. The question was asl_ed during the
ineeting if that could fund an employee and the answer was "yes" if that employee were
totally involved in the green aspects of the city. Mr. McDuff e su.— Jested that the City
invite. Chria Massey t; o attend a Workshop Meeting and Dave, him male, the. same
presentation lie tirade to the Green Tash Force be.caus,� he feel, it NY�$Llld be of interest to
the. City and noted that lie was very impressed with his multi - media presentation.
Secondly, Mr. McDufie stated they could support and put signs up for
Cason United Methodist Church directing people. to the community Darden. Ike. stated the
sat ail.` ?e is at ni i cost t� � the. City and they can also put Signs. � �f our choice throughout the.
City T in-J t'e m hints to citizens or anything else that i-. involve.d through the, whole
ECO system.
-45-
09/03/08
Lastly, he stated he. received a telephone call fi•tan Gladys with
Conunissioner Greene's office regarding IIilltupper Stadium. Mi-. McDuff e stated it is
obvious that the Delay Rocks, their families, and coaches are. disappointed with tile
conditions of the facilities that they have b� �t. IIe stated Gladys and Conunissioner
Greene thought that Idilhopper Stadium was the City's stadium and lie informed them
that the City of Delray Beach could ns�t solve the problem for her. Mr. McDuff e
sti —ested that Conunissioner Greene as well as the City of Delray Beach speal: to the
Cc
School Board about what they are planning to do. The City Manager will worl: con that
and noted that they guile bacl: with plans for the Middle School initially which showed
that field being done awry with. IIe stated the City informed them that was not
acceptable and it was a vie -lotion of the agreement that was made, for the whole high
school relocation and the use of that facility. The City Manager stated they have _one
bacl: and revised their plans so that there will not only be the soccer f eld as well as the,
football field. IIe. stated that will still be there and believes they are supposed to leave the
lighting standards. The City Manager stated the School Board informed the. City that
they were planning to demolish the. grand siands and they have a safety inspec.ti; in that
was done, and they indicated that S150,000.00 X00.00 worth of repairs need to be, done. The. City
Mai::iger stated he will follow tip an the current status because he has not he rd anything
about tic. stadium seating in appr,-7,- -,iniately sip: weeks.
13.C.4. Mr. Bernard
Mr. Bernard thanked the. City Manager, Lula Butler, Director of
Commin ity Improvement, and Jennifer Buce, Litt r Prevenlloin Coordinator because lie
got a chance to witness the citizens cleaning up the southwest side.. IIe.. also � thanked tine.
volunteers and the Police, Department for all their hard work.
Secondly, Mr. Rzirnard stated he 1:liows that we have a lot of schools that
are "A" schools but he hopes that the City of De.lr:zy Be.:ich can worl: diligently with the
schools to mane sure that we do not lose some of our Children who are not graduating
from high school.
11C.5. Mayor Ellis
Mayer Ellis had no c. flnni.ents or inquiries all non- agenda items.
There being no further business, Mayor Ellis declared the. meeting
adjourned at 9:41 p.m.
ATTEST:
City Clerk
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09/03/08
MAYOR
The undersigned is the City Clerk � ,f thy. City cif Delray Leach, Florida, and the.
infotniation provided herein is the Minute.., --if the Regular City Commission Me. tiny held
on September 3, 2008, which Minutes were formally approved and adopted by the City
Conu-nission on September 16, 2008.
City Clerk
NOTE TO READER:
If the Minutes you have received are. not ecimple.ted as indicated ab� eve, this means they
are not the. official Minutes of the City Commission. They will beccnne the official
Minutes only aftor review and approval which may involve sore- amendments, additions
or deletions as set forth above.
-47-
09/03/08
FORM M 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST t4AM1--r1P.;3*( KNME—,�IDDLE t�ME
ok
DATE CON WHICH VOTE CXCURRED
THE 13,71P.r.q, ALrM,-)r.M' C-0 COMMWFEE ON
- 110-11 •SERVE C3 A UNT OF:
CiTo 0 o' 0U1 JTo' (3 OTHEP LC�-IAL AGEtIC Y
L1
Lm
WHO MUST FILE FORM 813
0 ELECTIVE - U AF-P,-qtfnVE
This form is for use. by any perscon serving at thy_ .,:-Dunty. city, or other local level of governni-Wit6n an'appointed or elected board.'coun--il,
commiasion, authority, or ,ornmittete.. It applie 3 equally to men it"ers of a Jvisory and neon- advisory too, who are with a voting
conflict of int-,rest under Se•Aicon 112.3141, Florida Statutes.
Your respon-sibilities under th? law wh-.n face ed with voting on a rnea.3ure. in which yz.0 hav--,- a conflict of interest will vary greatly depi-rio•ing
on whether you hold an elective- or approintiva position. For this reason, please pay att,.ntion to the instructions on this foim t�-Ifore
mnpleting the r6verse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A P•�r,;.--n holding ekOive or apl-....',intive ompunt;r, niuni,:ipal, or oth?r lo. al public MUST ABSTAIN frown voting on a measur.; whi•�h
inures to his or her spei-.aal private gain or losa. Ea•_h elected or appointed local offic-w also i3 prohibited (morn knowingly voting on a 111•Ba-
sure which inures t•.) the special gain or lass of a principal (other than a government agency) by whoni he or she is retained (including the
parent ar-janizati•:on or subsidi -try of a o:.•:prporat• principal L•y which he or is r,Aiiri•d): to th3 special private gain or 1.53s of a relative; or
tij the spav;ial private gain or I D3..; of H buAn-e z; zssoci3te. Commis-;icriers of --ornmunity redevelopment ag,Bri.-i-IL3 under Sec. or
1033.1057, F.S., and officers of ind.L-p�ndent spaciial tsix di.Aricl 3 on 3 one -acre, one-vote basis are not prohibit-,d from voting in th A
capacity.
For purposaa C,f this L-iw. a 'relative' indud•_s only the �fficer`s father, rn-Ah-mr, son, diii-ighter, husbartd, wife, brcth• r, si.iter, fa-thef-in -13w,
mother-in-law, son-in-law, and daughter -in -law. A "business associate" rae;ans -any person or entity -;-ngag,-=!d in or carrying on Z. business
en0rpdae- with the. offi.-r--r as a partrvei, joint venturer, crx)wner ijf prop•vrty, or orparabe shareholdw (where the shares ofth-:1 arpoi Rion
are not listed on arty national or regional ex,-hange).
ELECTED OFFICERS:
In addition to abstaining from v,:,tirLj in the situations 6.Ik-ribed abov'?, you ITIU-3t disclose the c:'nflict:
P131013 TO THE VOTE BEING TAKEN by publi•,ly stating to fl-tki7 o-asserribly the nature of your interest in throe me,.-:-j,3ur.a .-.n which you
are abstaining from, voting; and
WITHIN 15 DAYS AFTER THE VOTE Co CURS by completing and filing thi,3 forni with the person responsible for the rain-
utes of the rne,4inq, who 3hould in,`orporatr, the forn-i in the miroutes.
APPOINTED OFFICERS:
Although you must abstai, from voting in the situ-Mions described above, you othe"A3--, may parti-Jr,ate. in jyj.3tjef . I-loweves, you
mw-it the nature of the .7onnicl bef-we n-mi.ing any attempt to influence the decision, whether corally or in writing and wh'?ther made
by you or at your direction.
IF YOU INTEND To✓ MAVE ANT ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE IVIEETIN13 AT WHICH THE VOTE WILL BE
TAKEN:
• . 6:pu mu.3tclomplete. and file this form (before roaking any atteropt to influence- tlne decision) with the person re poroibl,-:: for r,,cc.f.jing the
minutes of the meeting, who will in.x-rpwai? the form in the roinute.s. onot]-ter side)
CE FORNI 8B - EFF. PAGE 1
APPOINTED OFFICERS (continued) .
• A copy of the form must be provided immediately to the other numbers of the agency.
• The form must tha read publicly at the. next meatind after the kirm is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complate the fon i and file, it within 15 days after the vote- occurs with the person responsible for recordirvj the minutes of the
metAin3, who must incorporate the form in the minutes. A copy of the fDrm must be provid.A immediately to the r-,ther mambers of lira
agency, and the fumi must be read publicly at Hie next marling after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
\� 1
hereby disclose- that on
(a) A measure came or will come. before my agency which (check: one)
inured to my sp,a,jal private. gain or Ir7osa;
inured to the sp`•_ial gain or Noss of my bu.sinasa assodate,
inured to the special grain or loss of my relative, ;
roan d to special gain -,r loss of by
whom I am retained; or
inurf -A to the spacial gain or Maas of which
is the parent organization or subsidiary of a principal which has retained me..
(b) The measure beforn-:t my agem,.y and the nature of my conflicting irde.reat in the nleasure is as fellows:
Date Filed
Signature
NOTICE: UNDER PR0NISICrtJ:3 CIF FLORIDA 'STATUTES. y112.317, A FAILUP.E TCi MAVE Affe' REQUIRED Dl`(XC►StdPE
CCjtJSTITUTE:S GRCIUND:S FOR AND MA'r BE PUNT "SFIED B'i' CitJE CPR MOF :E 1--1F TF-IE FOLLOWING*: IMPEACI- IMENT,
REMOVAL OR L-:U.SPENSICIN WsDki 47JFFH:;E OR EMPLO't'MENT, DEM- iTIC4.1, REDUCTIOII It SALARY. REPRIMAND, OR A
CIVIL PEIJAI_Ti' I 10 TO E:• C EED '$10,000.
CE FORM !B - EFF. PAGE
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
RAMC—FIRST ftAt1E—FA1001 -E WME
LIK
THE C.R CIOMtArrTEE ON
—L CH I SERVE 1:3 A UtEr OF:
ro, l-,0(JNTw' CITI, 0 OTHER L0,AL AGO JCY
IALJSOF- �OUTICAL
ILI
OATS
MY POSITI-A ril
WHO MUST FILE FORM 813'
0 ELECTIVE
This form is for me by any 1--.ersson aenting.st thi:'counly, city, or other h, .31 le:v.-A of gov�:-.rnment on an appainted or elected board, council,
commission, autly.ority, or cornrnitle'�. It applies equally to rnemb .rs Of advisory and non-advisory bcdigs who are presented with a vating
conflict of interest under S&Jion 112.31 -t3, Florida Statutes.
Your reponsibilities under the law when f c-:d with voting on a rne&Aire in whidi you have a conflict of intere5t will vary greatly d ei5endi'ng
on whether you h-jl.J an elective or appointive position. For this reason, please pay &jG,-4 attentVin to tho initrUCtions on this fom before
completing the.ravc-:rae side- and filing the. Conn.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding -i;l-e'Jive Or appointive oDunty, muni.-,ifal, :If• oth, r 1•ocal public, of1it7ct MUST ABSTAIN from votino on a in, . mSur-i: which
inures to his or her spe�ial private gain :.c 1o.3s. E:j---b ele- ted or appointed local officer Aar., is prohibited fr--wn i:nowingly voting Gn a. mea-
ure which inure-3 to (he gain or loss of a prin,_iljal (other than a government aganc;y) by wl-sorn 11-B or sh-B is retaifi-:1d . (including the
areant organization or subsidiary of a -:orporake principal by which he or she is to th-e sp.n1,-,i--1l pfivste gain or loss of a reiative; or
the special private gain or 10S3 of a bUSine-3s C.-nimissixiers of c.--mmunil-I (r:,-k-V,-A0pfnent agencies under 1631.31156 or
163.357, F.S., and w(flo-wa of ind- p-znj-_rd ta-: districts om j, one-30'e, rin,e -vote basis are not prohibited fron, vc'ting.irl that
rapacity.
For purpos.zs of this 1.-*Iw, a 'relative" in,,Au J.,s only th•-, father, rnoth'�,r, son, d 2iklght,W, hu3t-and, wife, t1foth.-Lf, Sister, f3th-3(-irl-law,
mother-in-law, son-in-law, and dlughte,*-in-law. A "busine�,s arty person or entity engag(�d in .-,r carrying -gin a busiresss
enterprise with the,.;ffi--r as a p--
-Irti-jer. i0int Venklrer, coow- ner of property, or corporat-� (where tie shares of the o-,rp•Drafi•:on
are not listid on any national or regional slco:k exc--hange).
ELECTED OFFICERS:
In addition to abstaining from voting in th,m- situ:stions jeac.ribed zibe--vit, you rau,3t disd•,se- the conflict:
PRIOR TO THE Vo--fTE BEING TAVEN by publicly stating to the aa-3e-rribly the ri3ture of your ifitefe3t in th-_ rneasure on which you
arp. abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE by completing and filing this forrv, with this- person responsible forreciwdinq the rnin-
utes of the rn( etjng, wh47, should incorff-:'Fate ti-te form in tl-JC; I-Ijil-jutes,
APPOINTED OFFICERS:
Although you rnu.3t abstain from voting in thc-. situations described above, you oth,erwise. urlay participate in the3r- natters. However, you
na -Jre of thE-7onflict befc-re rnaking any aftE:mpt to tha�dec.isi-ion, who-Alvw orally 3r in writing -and.whether made
must diaclos-"- the . ti
by y.:)lj or at your direction.
YOU INTEND TO MAKE Atl• ATTEMPT TO INFLUENCE THE DECIISIOU PRlC#R TO THE MEETING AT WHI-1-111 THE VOTE WILL BE
AKEN:
• You rinu-q complet;--
.1 -jn.J file this foirn (befor, nial•:ing any attempt to influence the -Jacision) with the person reZpDrisible f.-if recording the
minutes of the rn•eeting, v4ll.:p y4ill riat
e the forn-, in the rr.inutes. �Continu,J on other side)
CE FORM 8B - EFF. 1/2000 1—] () 0 PAGE 1
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to lh,e other m embrars of the agency.
• The form must be read publi -1y at the. n,?r:t m'<ieting after the form is files.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disdose orally the nature of your conflict in the measurelrafure participating.
• You roust complate the form and file it within 15 days_ after the vote occurs with lh? person resonsible foe record.ing the'minutes of the
rw- eting, who must incW.6'rat.--_ the form in time minutes. A copy of the form must t,. provided imme- diately to the other m?nib•3rs of tl*3
agent', and the form must be read publicly at the ne; :t meating after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
1, `►`� ���`.1C�(V � m.by iis�use that W 20 :
(a) A measure came or will coma before my agency which (chei7... one)
t inured to my spacial private gain or loss;
inures to the spacial gain or less of my business associate,
inured to tho. spacial gain or Ios.3 of my relative, .
inures be the special grain or loss
whom I am retained; or
by
inured ta, tho sli�::i :al gain or Io =s of. which
is th,: f avant organization or .subsidiary of a principal whi! * has retainc-i me.
(b) The riea.aute before my age nc; and the. nature• of my confli,aing interest ins the: measure. is a, follows:
—1
Date Filed
Signatute
tdOTICE: UNDER PROVISIOf IS OF FLORID. STATUTE: c'112.317, A FAILURE T• ► MAKE At I',' REQIJIREG f_iIS('.LOSUPE
CONSTITUTES FOR AHO MAi' BE PUIMS -HEG B't' ONE 1 =iR: MORE =IF THE F,__ ILLOWllJG *: IMPEACHMENT,
REMOVAL OR SUSPENSION FROIA (--FFIl�-E OR EMPLOYMENT. DEMi_►Tlj_.)N, REGUC-11011 IN SALARY. REPRIMAND, OR A
CIVIL PENALTY 140T TO & %K_;EEC+
C.E FORM 63 - EFF. 1!2000 PAGE
A
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME —FIRST fJAME —MIDD E NAME Nob - VP EI �ARu, =ilUtJ .. lt- C•C.ItWISSION, AUTIA, �Fn -(, or �_eMdbinTEE
AILING P000E:5? ; / THE Cis_! PD, CCa CC.' Ii IL, COMMI.`;'51 `1. AUTHOMT( CIR COMMJTrEC VN
s '
r � �1„Z�� -IJ+'H t sErtt Is A urJtr OF:
i�fTi C, Wirt' Q OTHER V; ALAGEIJCY
oATE 9N vmAl'll TE RRED ` —Lt
C)�Mi Pv >:In�rJ
) ELECTIVE Q. APPOWTIVE
WHO MUST FILE FORM 86
This form is for use by any p: -rson serving at the c•aunly, 1.1 r r other f ulal M ?vel of government 011 an appointe-iof ele. -Od board, counn-cil,
commission, authority, ow GnlTiniillG,. It applies equally to of :advisory and n:7,n- advisory bcdie.3 who :are prnssented with a voting
conilica of inf;rezt under Se -%on 112.3143, Florida Statutes.
Your responsibilities under the law when fa,.•_ d with voting on a me.3.:,ur- in which you have a Contlict of interest will vary greatly der "nding
on whather you Iio1d an elec%ve or appointive px iaition. For this r3.�yon, please pay close atlentir n to th,a instru.lions on this form t',-?fore
completing the pwera-e c i Je and tiling tl-n-- f?mi.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal. or- other local public: offic•_ MUST ABSTAIN from noting on a'measur. wiiicii
inures to his or her special private g -aio or lo3i. Ea--h ele.,ted or appointed offi._"r also is pr�liibited troni E:nowingly voting on a "mea-
ure %vha;h inure,:; t--- tfl•e 5p.e• =ial gain c ar loss of a principal (oUier than a government agency) by wh• jrn he or she is retain +d (including tha
larent organization or subsidiary of a c�:.rpc,rate principal toy whicai 11.1m or ahe- is retain, =d); to the sp• _i ,l private_ gain or Iv-.;; of a relative; or
the Sp' ?6:11 private- CjDin '-jr koz3 of :a tlu-�in 3.i aGS-l:Jate.. Cammiasion•3r3 i.f `•-'mmurlJty r di-velopment ag._ndet under Se_. II% .:!3� or
1r�:3.3b7, F.:S., and effie•_rs cd irnJ_pendent 3p.eci:al la'•' dialri t.3 el.ecb =.d _n a arse -acr cme -w�te basis are not prchibii•e•J fmni voting in that
capacity.
For purposes of this law, a "relativ =° incduda only the father, mother, son, d3ught6 -c, huaband, wife, br-Ah r, si.3tej, father -in -law,
mother -in -law, son -in -law, and • al_IgliL r -in -law. A "1 u.;ine,; :1;_.o,;iab,' rmean. any p,er3•,n or entity ercg@g•ed in OF carryings on a bu3iness
enterpris-e with tli:_ ofrlc.er as a partner, joint v- rntiirer, c,r,wne.r of pr,p -erty, or .- rp prat shareh•alJ,r (wli•_re Uir ;h:ar,,s of tl.- corporation
are not listed � �n any n atic ,nal
or regional 3t,. E e:—:change).
ELECTED OFFICERS:
In additi•5n to abstaining from vntirlq in the situatk-ris deB, -rit d :above, you must Jisc.Io._ e the c� �nllicL
PRIOR TO THE VOTE BEING TAVEN ty publidy stating to the asarribly Ui.- nature of your intere3i in Uie rncasure .•n which you
are abstaining from voting; aild
WITHIN 117. DAY; AFTER. THE VOTE OCCURS by conipletin.a and filing this form with the person responsible fur r.caxding the min -
Was of the ri•eeting, wt-so should inc-�rrm:,rate the form in the minutes.
APPOINTED OFFICERS:
Although you must ab3tain fi•_•rn voting in the situations dels- -ribed above., you otherwise. 'rnay participate in Uiese matters. However, you
must diSdOs'- ttk nature of the •= cntiia b:efur_ rnaking any attempt to irofluen- •e the decision, whether orally or in writing and.whether made
by you or at your direction.
= YOU INTEND TO HAVE At1'I' ATTEMPT Tt i INFLUENCE THE DECISI! irl PRIOR. TO THE MEETING AT VVHh];I -I THE VOTE WILL BE
AKEN:
YOU must aOrnplet�. and file. Uii.; form (befog= mating arty attempt to influerlc,-- the deci3ion) will; the per �-on reaponsible ioi recoiling the
minutes of ;tie niealing. who will incorpo ate, time forrn in the niinljt._;. (I_crdinu•ed on Otie,- aide)
CE FORM 30 - EFF. 1/2000 PAGE 1
\� .
APPOINTED OFFICERS (continued)
• A copy of the foram must bo provided imm edi 3bay to the. other vnembr-Fs of the agency.
• The form must be mad publicly at the next m -atinq ak.r the foram is
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSIOft AT Tl-IE MEETING:
• You must disclose orally the nature of your conflict in the measure b -.fore participating.
• You must complate the form and file it within 15.days after the vote o�,..urs with tha`person responsible for record'irig. the* minutes of the
meeting, who must incorporata the fomi 'in tfi.< minutes. A copy of the form must be provided immediate -ly to the other members of the
agency, and the form must ba read publicly at tiw naA nla- -ting :after the form is file!.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I tar-.by dis,Jos,, that on 20 l 1 J
(a) A measure carne or will coni-a b -.fore my ag.ncy which (ch...V. one) T�
_ inured to my sp,.,^ial prival= gain or less;
inured to. th:-3 spacial gain or lass of my busine 3s as
inured to the 3p.�-cial gain or l•,ss of my relative,
inured to grin c or less of by
whom I am retained; or
inured to the sper;ial gain_ or loss of , which
is the parent organization or subsiddiary of a prin6pal whi,;h has ret;ainc.j me.
(b) The Ini'Lasure b�J,)re my ag-an.-y and th. 'n ►Lure of my conflicting int :-rapt in th.- .measure.. is as f :�llcws:
Date Filed
NOTICE: UNDER PROVIS OF FLORIDA STATUTES ;;112.317, A FAILURE TC► MAI•E ANY REQUIRED DISr LOSUrE
`OIISTITUTES CIROUNDS FOP. AtICr MA',' BE PUNISHED M* r -ME OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTIC 1. REDUCTI►_41 IN SALAR`i', REPPIMANC1. OR A
CIVIL PENALTY NOT TO EXK-;EED :h1u.000.
c:E %--PRM 6B - EF-F- IIZOr 0 hn. (3E