09-16-08 Minutes RegSEPTEMBER 16, 2008
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Vice Mayor McDuffie in the Commission Chambers at
City Hall at 6:00 p.m., Tuesday, September 16, 2008.
1. Roll call showed:
Present- Commissioner Gary P. Eliopoulos
Commissioner Fred B. Fetzer
Vice Mayor Woodie B. McDuffie
Commissioner Mackenson Bernard
Absent - Mayor Rita Ellis
Also present were - David T. Harden, City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Doctor William Quick with the
Delray Beach Clergy Association.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
The City Attorney stated Item 10.11., Development Agreement/Vista Del
Mar, L.L.C., is on for a public hearing and suggested that the Commission formally vote
to postpone it. She stated the reason she is suggesting that this item be postponed is
because the whole idea behind this was to resolve a lawsuit. The City Attorney stated
late breaking this afternoon it became apparent that maybe it won't do that. The City
Attorney stated she did not have time in one hour to sort out procedurally how this all
should happen. She stated it might be that we go back to just having an appeal on both
sides but she needs time to sort it out and look at the Court Order. The City Attorney
stated she would like to postpone Item 10.11., Development Agreement/Vista Del Mar,
L.L.C., to October 7, 2008 at 7:00 p.m. giving the parties time to see if they can come to
some resolution or at least give the public notice about the appeals, etc.
Mr. Eliopoulos requested that Item 8.0., Service Authorization No. 07-
08 /Mathews Consulting, Inc., be moved to the Regular Agenda as Item 9.A.A. and
Item 8.P.B., Review of Appealable Land Development Board Actions be moved to the
Regular Agenda as Item 9.A.A.A.
09/19/08
Mr. Fetzer moved to approve the Agenda as amended, seconded by Mr.
Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer — Yes; Vice
Mayor McDuffie — Yes; Mr. Bernard — Yes; Mr. Eliopoulos — Yes. Said motion passed
with a 4 to 0 vote.
5. . APPROVAL OF MINUTES:
Mr. Eliopoulos moved to approve the Minutes of the Regular Meeting of
September 3, 2008, seconded by Mr. Fetzer. Upon roll call the Commission voted as
follows: Vice Mayor McDuffie — Yes; Mr. Bernard — Yes; Mr. Eliopoulos — Yes; Mr.
Fetzer — Yes. Said motion passed with a 4 to 0 vote.
6. PROCLAMATIONS:
6.A. Character Counts! Month — October 2008
Vice Mayor McDuffie read and presented a proclamation hereby
designating the City of Delray Beach as a City of Character and October 2008 as
Character Counts Month in -the City of Delray Beach. Janet Meeks, Education
Coordinator, came forward to accept the proclamation and gave a few brief comments.
7. PRESENTATIONS:
7.A. None
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. RESOLUTION NO. 45 -08 (TAX EXEMPTION REQUEST FOR
ELIGIBLE IMPROVEMENTS /515 NORTH SWINTON AVENUE): Approve a tax
exemption request for eligible improvements to 515 North Swinton Avenue, located in
the Del Ida Park Historic District; and approve Resolution No. 45 -08.
The caption of Resolution No. 45 -08 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD
VALOREM TAX EXEMPTION TO JAMES AND SANDRA
HOESLEY FOR THE HISTORIC REHABILITATION OF THE
PROPERTY LOCATED AT 515 NORTH SWINTON
AVENUE, AS FURTHER DESCRIBED HEREIN;
DETERMINING THAT THE COMPLETED
IMPROVEMENTS ARE CONSISTENT WITH LAND
DEVELOPMENT REGULATION (LDR)
SECTION 4.5.1(M)(5); PROVIDING AN EFFECTIVE DATE.
(The official copy of Resolution No. 45 -08 is on file in the City Clerk's
office.) '
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8.B. RESOLUTION, NO. 46 -08 (TAX EXEMPTION REQUEST FOR
ELIGIBLE IMPROVEMENTS /214 S.E. 7'0 AVENUE): Approve a tax exemption
request for eligible improvements to 214 S.E. 7 Avenue, located in the Marina Historic
District; and approve Resolution No. 46 -08.
The caption of Resolution No. 46 -08 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, GRANTING AN
AD VALOREM TAX EXEMPTION TO ROBERT AND
GLORIA SPICER FOR THE HISTORIC
REHABILITATION OF THE PROPERTY LOCATED AT
214 S.E. 7" AVENUE, AS FURTHER DESCRIBED
HEREIN; DETERMINING THAT THE COMPLETED
IMPROVEMENTS ARE CONSISTENT WITH LAND
DEVELOPMENT REGULATIONS (LDR) SECTION
4.5.1(M)(5); PROVIDING AN EFFECTIVE DATE.
(The official copy of Resolution No. 46 -08 is on file in the City Clerk's
office.)
8.C. FINAL SUBDIVISION PLAT APPROVAL /ALTA CONGRESS
REPLAT: Approve the replat of Tract A -1 and a portion of Tracts A, B, F, and E -2,
Congress Park, for Alta Congress located along the west side of Congress Avenue
between S.W. 10`h Street and West Atlantic Avenue.
8.D. WATER EASEMENT DEED /CONGRESS PARK BUSINESS
CENTER: Approve and accept an exclusive 12 -foot water easement deed for the
relocation of an existing fire hydrant for Congress Park Business Center located at 420
South Congress Avenue.
8.E. CONTRACT CLOSEOUT (C.O. NO. 1 /FINAL) /TOTAL GOLF
CONSTRUCTION /LAKEVIEW GOLF COURSE GREENS RENOVATION
PROJECT: Approve Contract Closeout (Change Order No. I/Final) in the amount of
$4,285.41 decrease and final payment in the amount of $27,184.36 to Total Golf
Construction, Inc. for the completion of the Lakeview Municipal Golf Course Greens
Renovation Project. Funding is available from 441 - 5181 -536 -65.96 (Water /Sewer
Fund /Other Improvements/Reclaimed Water Transmission) and 446 - 4761 -572 -63.20
(Lakeview Golf Course /Improvements Other /Landscaping/Beautification).
S.F. AGREEMENT /CHILDREN'S SERVICES COUNCIL OUT OF
SCHOOL PROGRAM: Approve an agreement between the City of Delray Beach and
Children's Services Council (CSC) for a reimbursable amount up to $299,417.00 for the
Parks and Recreation Out -of- School Youth Recreation/Enrichment Programs, which
includes After School, Holiday /Spring Camp, One Day Camps and Summer Camp.
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09/16/08
8.G. AGREEMENT/CHILDREN'S SERVICES COUNCILBEACON
CENTER AT VILLAGE ACADEMY ELEMENTARY SCHOOL: Approve an
agreement between the City of Delray Beach and Children's Services Council (CSC) in
the amount of $777,305.00 for programs and services carried out under the Beacon
Center at Village Academy Elementary School for FY 2008/2009.
8.H. DISASTER RECOVERY INITIATIVE (DRIVHOUSING
REHABILITATION GRANT/CONTRACT AWARDS: Approve four (4) Housing
Rehabilitation grant awards to the lowest responsive bidders for the following projects:
826 S.W. 4 "' Avenue to South Florida Construction Services in the amount of
$18,453.75; 1208 N.W. 2nd Avenue to Ray Graeve & Sons Construction in the amount of
$21,887.25; 1332 Lee Street to Cordoba Construction in the amount of $29,772.75 and
131 N.W. 11th Avenue to Cordoba Construction in the amount of $22,039.50; and
approve a waiver to the Neighborhood Services Division's approved Policies and
Procedures that limits bid awards to be within ten percent (10 %) of the in -house estimate
for 1208 NW 2nd Avenue, 1332 Lee Street, and 131 NW 11th Avenue. Funding is
available from 118- 1960 - 554 -49.19 (Neighborhood Services /Other Current
Charges/Housing Rehabilitation).
8.I. INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT
AGENCY/CLEAN AND SAFE PROGRAM: Approve an Interlocal Agreement
between the City and the Community Redevelopment Agency (CRA) in the amount of
$985,000.00 for funding for the Clean and Safe Program for FY 2008/2009.
8.J. INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT
AGENCY /CONSTRUCTION /PROFESSIONAL SERVICES: Approve the Interlocal
Agreement between the City and the Community Redevelopment Agency (CRA) for
funding construction/professional services for certain projects as listed on Exhibit "A"
attached to the Agreement for FY 2008/2009.
8.K. SPECIAL EVENT REQUEST/ART AND JAZZ ON THE AVENUE:
Approve a special event request to endorse the next Art and Jazz on the Avenue to be
held on October 23, 2008 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit
per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton to the west
side of N.E. /S.E. 7th Avenue, Railroad Avenue from Atlantic north to the north side of the
east/west alley, and to the alleys north and south of Atlantic on N.E. /S.E. 1St Avenue,
N.E. /S.E. 2nd Avenue, S.E. 3rd Avenue, N.E. /S.E. 4th Avenue; to authorize staff support
for security, traffic control, banner hanging and removal, barricade set up and removal,
trash removal and clean up and EMS assistance; contingent upon receipt of a hold
harmless agreement.
8.L. SPECIAL EVENT REQUEST/HOWARD ALAN 2nd ANNUAL
DOWNTOWN DELRAY BEACH NEW YEAR'S CRAFT FESTIVAL: Approve a
special event request to endorse the 2° Annual Downtown Delray Beach New Year's
Craft Festival sponsored by Howard Alan Events, Ltd. to be held from 10:00 a.m. to 5:00
p.m. on December 27, 2008 - December 28, 2008, granting a temporary use permit per
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LDR Section 2.4.6(F) for the closure of N.W. 3rd Avenue from Atlantic Avenue north to
the south entrance of Atlantic Grove and the Tennis Center parking lot, authorize staff
support for traffic control, barricading, fire inspector services and authorize event signage
to be installed ten (10) days prior to event with the sponsor paying all overtime costs;
contingent upon receipt of an executed Hold Harmless Agreement.
8.M. AMENDMENT NO. 2 TO LEASE AGREEMENT/EXPANDING
AND PRESERVING OUR CULTURAL HERITAGE, INC. (EPOCH): Consider
approval of Amendment No. 2 to a lease agreement with Expanding and Preserving Our
Cultural Heritage, Inc. (EPOCH) to add Munnings Cottage.
8.N. HISTORIC FACADE ARCHITECTURAL CONTROL AND
REDEVELOPMENT EASEMENT AGREEMENT/EXPANDING AND
PRESERVING OUR CULTURAL HERITAGE, INC. (EPOCH) /COMMUNITY
REDEVELOPMENT AGENCY (CRA): Approve a historic facade architectural
control and redevelopment easement agreement between the City, Expanding and
Preserving Our Cultural Heritage, Inc. (EPOCH) and Community Redevelopment
Agency (CRA), which provides that the Community Redevelopment Agency (CRA) will
give $75,000.00 for renovation of the Munnings Cottage located at 154 -170 N.W. 5th
Avenue.
8.0. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.
8.P. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.A.
8.0- AWARD OF BIDS AND CONTRACTS:
1. Contract award to Sewah Studios in the amount of $19,200.00 for
the purchase of ten (10) State Historical Markers. Funding is
available from 001- 2511 -515 -31.90 (General Fund/Professional
Services /Other Professional Services).
Mr. Eliopoulos moved to approve the Consent Agenda as amended,
seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Bernard
— Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Vice Mayor McDuffie — Yes. Said
motion passed with a 4 to 0 vote.
9. REGULAR AGENDA:
9.A.A. SERVICE AUTHORIZATION NO. 07- 08/MATHEWS
CONSULTING, INC.: Approve Service Authorization No. 07 -08 in the amount of
$249,831.00 to Mathews Consulting, Inc. for professional engineering services in the
design of Area 11A of the Reclaimed Water System. Funding is available from 441-
5181 -536 -65.96 (Water & Sewer Fund /Other Improvements/Reclaimed Water
Transmission).
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09/16/08
Richard Hasko, Director of Environmental Services, stated this proposal is
for the design of the next phase of the Reclaimed Water Expansion Area 11A. Mr. Hasko
stated scope wise it encompasses some retrofitting to the wastewater master booster
pump station to provide booster pumping and pressure increase to the barrier island. He
stated it will take transmission mains down N.E. lst Street across the Intracoastal
Waterway where there is an existing crossing and they will extend transmission lines and
distribution lines throughout the neighborhoods from Atlantic Avenue to Beach Drive.
Mr. Hasko stated the current estimate for this project is a little over $2.7 million. The
proposal from the consultant is a little less than $250,000.00 and it does include all
preliminary engineering and sub - consulting phases (surveying, geotech soils, and
underground utility locations). He stated for the entire proposal the percentages work out
to a little less than 10% of the construction costs. Mr. Hasko stated almost $100,000.00
of the sub - consulting is for surveying because of the length of the project and the work
that needs to be done. The actual engineering costs of the project are a little less than 6%
of the estimated construction costs. Staff received a preliminary draft of what they
anticipate will be a proposed recommendation to South Florida Management District's
Board to award an alternative water supply grant in the amount of approximately $1.1
million to supplement the funding on this project. Mr. Hasko stated it is a little of 25% of
the entire amount that staff is anticipating that they are going to recommend for award in
Palm Beach County.
Mr. Eliopoulos stated he is assuming that Mathews Consulting, Inc. is one
of the City's continuing contractors that we actually work with and asked how the checks
and balances work with regards to going out to bid every time. In response, Mr. Hasko
stated Mathews Consulting, Inc. was one of five engineering firms that were retained
about two years ago through an RFQ process. Mr. Hasko stated when staff posted the
RFQ they also included a copy of their Capital Improvement Plan which listed all the
proposed projects and all of the estimated construction costs at that time. He stated
Mathews Consulting, Inc. has basically been the engineer on this program because it is a
development of essentially a new utility system. He stated Mathews Consulting, Inc. has
also done the master planning for the entire thing, all of the hydraulic modeling under
previous contracts and they have done all of the consulting engineering to date. Mr.
Hasko stated they are the most knowledgeable particularly of this specific project because
of the work they have done in the past, the requirements of the project, and the
consistency of the design is very important to a program of this magnitude.
Mr. Eliopoulos stated when the City goes to negotiate he would like to see
the construction administration where they include it not necessarily that they are going
to use it. He would like to see it in place with the contracts because then the City already
knows what it is and does not have to worry about an unknown number in negotiating
again. Mr. Eliopoulos reiterated that he would like to see this as one big package.
Mr. Eliopoulos moved to approve Item 9.A.A. (formerly Item 8.0.),
seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr.
Eliopoulos — Yes; Mr. Fetzer — Yes; Vice Mayor McDuffie — Yes; Mr. Bernard — Yes.
Said motion passed with a 4 to 0 vote.
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9.A.A.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period September 1, 2008 through September 12, 2008.
Mr. Eliopoulos expressed concern that when the applicant originally came
in they were coming in for waivers with regards to parking and how it was affecting the
site plan and stated he wanted to see what SPRAB actually got to see.
Mr. Dorling stated he has a site plan and a landscape plan for Mr.
Eliopoulos and noted a significant parking reduction was appealed. Mr. Dorling stated
the applicant did revise the plan to accommodate all of the required parking and the
amendment before SPRAB last night was to provide the reconfiguration of the parking
complying with the Code and then to ask that the future development which was the site
of the proposed Office Depot they have had to reduce the square footage of that and
Office Depot has backed out because it does not meet their square footage requirements.
Mr. Dorling stated last night they asked that the area for future development be allowed
to be sodded until they figure out who will go into those future retail spaces. Mr. Dorling
stated SPRAB has had to reduce the square footage and they have backed out because it
does not meet their square footage requirements. He stated at the SPRAB meeting last
night the Board asked that the area for future development be allowed to be sodded until
they figure out who is going to go into the future retail spaces. In this case, Mr. Dorling
stated there are 69 spaces required for the pharmacy and 71 have been provided. In the
area that they propose to sod they would provide additional spaces (22) which would be
about 5,500 square feet and would be at the corner at a reduced size. Mr. Dorling stated
the applicant has complied with the required parking and the Board was not comfortable
with the amount of reduction that they had initially requested. Mr. Dorling stated what
the Commission has before them is the related landscape plan showing this is sod and
they will provide the perimeter landscaping and trees along 7th and 6th
Mr. Eliopoulos expressed concern over some of the technical items such
as landscaping and site triangles that are being shown out into the right -of -way as
opposed to the property line. He would also like to see staff review the turn at the north
end which is after the right -of -way along George Bush Boulevard and the actual asphalt
is one foot off of the property line as opposed to having landscaping. Mr. Eliopoulos
stated he feels that this was crammed in because of a larger building and although the
larger building has been taken out he feels the CVS is crammed in and the drive -thru is
wedged in. Mr. Eliopoulos stated with all due respect to the architect and/or the engineer
who did this, if they had that clean slate again and not having to worry the Office Depot
they would design this differently and the City would design that retail differently so that
it would work better for the site. He stated we are going to be missing the boat although
he feels that they met Code and cannot see appealing it.
Mr. Eliopoulos moved to receive and file Item 8.P.B., seconded by Mr.
Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer — Yes; Vice Mayor
McDuffie — Yes; Mr. Bernard — Yes; Mr. Eliopoulos — Yes. Said motion passed with a 4
to 0 vote.
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9.A. WAIVER REQUEST/WAKSMACKI PROPERTY: Consider a waiver
request to Land Development Regulations (LDR) 4.5. 1 (E)(8)0)(2), "Scale of a Building ",
which requires that for buildings deeper than fifty percent (50 %) of the lot depth, a
portion of each side facade, greater than one story, be setback a minimum of 5 additional
feet from the side setback line, for the property located at 338 N.E. 1" Avenue, Old
School Square Historic District. (Quasi- Judicial Hearing)
Vice Mayor McDuffie read the City of Delray Beach procedures for a
Quasi - Judicial Hearing into the record for this item and all subsequent Quasi - Judicial
items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Vice Mayor McDuffie asked the Commission to disclose their ex parte
communications. Mr. Bernard stated he had no ex parte communications to disclose.
Mr. Eliopoulos stated he received a telephone call from John Hawke (one of the abutting
neighbors) asking if this was going to be on the Agenda. Mr. Fetzer stated he spoke
briefly with Kelli Freeman about this. Vice Mayor McDuffie stated he had no ex parte
communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2006 -170 into the record.
Mr. Dorling stated this is a waiver from LDR Section 4.5.1(E)(8)(J)(2)
relating to scale of building. He stated it requires that for buildings deeper than 50% of
the lot depth that a portion of each facade greater than one -story be set back a minimum
of five additional feet. This equates to a requirement that the north elevation of this
building (30' 6 ") be set back along the north elevation. The original class V site plan
approval was before the Historic Preservation Board (HPB) at its August 23, 2006
meeting for the construction of a 4,646 total square foot three story mixed -use structure.
The two year time period expired and the applicant came back before the Board on
August 6, 2008 for an extension of that site plan approval. Mr. Dorling stated LDR
Section 2.4.4(F)(3) requires that if construction has not commenced on a project that the
project be reviewed at the time of the extension request based upon the LDRs that existed
at that time.
At its meeting of August 6, 2008, the Historic Preservation Board (HPB)
considered and approved the Class V site plan extension with a 4 to 1 vote (Cope
dissenting) and considered the waiver request with a 3 to 2 vote (Cope and Del Fiandra
dissenting). Staff recommends that the waiver be approved and then allowing the
extension of the Class V site plan for an additional two years to occur.
Francisco Perez -Azua, President of Perez Design, Inc., 4205 West
Atlantic Avenue, Delray Beach (Architect for the project), stated this is a project that
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is caught in- between this difficult economic times and was approved by HPB two years
ago.
Mr. Eliopoulos inquired about the width and depth of the lot. In response,
Mr. Azua stated this is a 50 foot wide lot and the depth is about 120 feet and is typically a
standard lot depth.
The City Manager stated it looks like the depth is 131 feet.
Vice Mayor McDuffie stated if anyone from the public .would like to
speak in favor or in opposition of the waiver, to please come forward at this time.
Kellie Freeman, 917 Banyan Drive, Delray Beach, urged the
Commission to approve this waiver request and extension. Mrs. Freeman stated she and
her husband have been potential investors in this project and they had concerns when the
downturn happened in the market and the housing industry went south. She stated they
had difficulty receiving financing and the appraisal came back much lower on the
property than they anticipated as well. Mrs. Freeman stated this extension or waiver will
not have any negative impact on the site or on the project.
Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, asked what the
waiver is actually doing and she would like to make sure that none of the taxpayers have
to pay for this waiver.
Walter Waksmacki, 601 N. Congress Avenue, Delray Beach (owner of
the property), stated there was some downturn on the economy and Mrs. Freeman
mentioned the appraisal came in much less than it cost to build this project thus the
reason for the extension. Mr. Waksmacki stated they would like to move their business
there (occupy the 2 °a and 3rd floor).
There being no one else from the public who wished to give testimony on
this item, the public hearing was closed.
There was no cross - examination or rebuttal.
Mr. Eliopoulos stated in his opinion, the building fits comfortably onto the
site and he supports this waiver from the new guidelines for the five foot additional
setback. He stated the worst thing we could be doing is to have vacant sites. Mr.
Eliopoulos encouraged the applicant to get their financing in place and to move along
with this and noted he fully supports it.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
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09/16/08
Mr. Fetzer moved to adopt the Board Order as presented (approving the
waiver), seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows:
Vice Mayor McDuffie — Yes; Mr. Bernard — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer —
Yes. Said motion passed with a 4 to 0 vote.
9.B. RESOLUTION NO. 47 -08 /TD BANK/OLD SCHOOL SQUARE
PARKING GARAGE PROJECT: Consider approval of Resolution No. 47 -08 and a
request authorizing TD Bank as the provider of a $3,000,000.00 taxable line of credit for
the purpose of refunding the City for upfronting a portion of the cost of construction of
the Old School Square Parking Garage Project.
office.)
The caption of Resolution No. 47 -08 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING
THE ISSUANCE OF NOT TO EXCEED $3,000,000 IN
AGGREGATE PRINCIPAL AMOUNT OF REVENUE
IMPROVEMENT BONDS, SERIES 2008 (TAXABLE), OF
THE CITY OF DELRAY BEACH, FLORIDA FOR THE
PURPOSE OF FINANCING A PORTION OF THE CITY'S
OLD SCHOOL SQUARE PARKING GARAGE PROJECT,
INCLUDING WITHOUT LIMITATION
REIMBURSEMENT FOR LAND ACQUISITION AND
CONSTRUCTION COSTS AND ALL INCIDENTAL AND
NECESSARY COSTS RELATING THERETO;
DETERMINING THE NEED FOR A NEGOTIATED SALE
OF SUCH BONDS TO TD BANK, N.A.; PROVIDING
FOR THE TERMS AND PAYMENT OF SAID REVENUE
IMPROVEMENT BONDS, SERIES 2008 (TAXABLE)
AND THE RIGHTS, REMEDIES AND SECURITY OF
THE OWNERS THEREOF; MAKING CERTAIN
COVENANTS RELATING TO THE ISSUANCE OF SAID
REVENUE IMPROVEMENT BONDS, SERIES 2008
(TAXABLE); APPROVING THE FORM OF AND
AUTHORIZING THE EXECUTION OF A BOND
PURCHASE AGREEMENT WITH TD BANK, N.A.;
AUTHORIZING THE PROPER OFFICERS OF THE CITY
TO DO ALL OTHER THINGS DEEMED NECESSARY
OR ADVISABLE IN CONNECTION WITH THE
ISSUANCE OF SAID REVENUE IMPROVEMENT
BONDS, SERIES 2008 (TAXABLE); AND PROVIDING
FOR AN EFFECTIVE DATE.
(The official copy of Resolution No. 47 -08 is on file in the City Clerk's
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Joseph Safford, Finance Director, stated the Finance Department recently
went out to competitive bids for a $3,000,000.00 taxable line of credit for the retail space
on Old School Square where the City of Delray Beach up fronted the money for the space
and now the City is being reimbursed. The City received four (4) bids: (1) TD Bank
(known as Commerce Bank) was the low bidder at 3.435% with no miscellaneous fees.
Therefore, staff recommends approval of,awarding the bid to TD Bank. Mr. Safford
stated the City of Delray Beach will be reimbursed once the retail space is sold for the
Old School Square Parking Garage.
Mr. Bernard stated he saw the appraisal for the retail space which is
approximately $2.5 million and asked if this is the only piece of property that we are
talking about. The City Manager stated if the City sold the property for more than what
was borrowed they would be in trouble because the City would have in effect financed
part of it with tax free bonds which you cannot do. The City Manager stated the City
wanted to make sure that the line of credit exceeded what the City expects to get for the
property.
Mr. Eliopoulos moved to approve Resolution No. 47 -08 (authorizing TD
Bank as the low bidder), seconded by Mr. Bernard. Upon roll call the Commission voted
as follows: Mr. Bernard — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Vice Mayor
McDuffie — Yes. Said motion passed with a 4 to 0 vote.
9.1C. REQUEST TO REDUCE VALET QUEUE /CAFFE LUNA ROSA:
Consider a request from Caffe Luna Rosa to reduce its monthly valet parking queue fee
from $165.00 to $125.00 per space, per month.
Scott Aronson, Parking Management Specialist, stated at the February 7,
2006 City Commission Meeting, Mr. Marincola requested an expansion of its valet queue
from four (4) to seven (7) spaces. Mr. Aronson stated that request was approved and
during that approval it was determined that the fee assessed for those additional spaces
was going to be $150 per space to accommodate three additional spaces that needed to
relocate to one Police space and two lifeguard spaces that needed to take three metered
spaces. To recoup meter revenue lost to accommodate the request, $150.00 per space fee
was assessed. In March 2006, the value queues were up for renewal and during that
renewal it was proposed for a $15.00 increase for all value queue spaces throughout the
city. The City Manager recommended that a $140.00 per space fee be assessed to
accommodate the meter revenue in the beach area. Mr. Aronson stated the beach area is
the only spaces east of the Intracoastal that are metered. Mr. Aronson stated at that time,
the City Commission adopted that recommendation and the fee was determined to be
$140.00 per space. He stated during the 2008 renewal period the fee was increased again
to $165.00. Mr. Aronson stated recently the valet operator had advised Mr. Marincola
that they could no longer operate the queue and at the $165.00 they are having difficulty
meeting those fees and advised him that they need to restructure the queue by eliminating
two of the queuing spaces and reduce the non - exclusive parking lot lease for spaces in the
Gleason Street, Sandoway and Ingraham lots from 40 to 20 spaces. Mr. Aronson stated
they would like to restructure the queue in these difficult economic times because they
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are having some difficulties with State Road A -1 -A being under construction along with
the Shore Restaurant also being under construction. The queue operates between 10:00
a.m. and 11:00 p.m. and other queues within downtown Delray operate between 5:00
p.m. and 2:00 a.m. Staff feels that the value of the queues is actually similar and the
beach does collect the meter revenue so there actually is a sustained loss. Staff is
cognizant of the City's current fiscal challenges and the inequity in valet queue fees
seems disproportionate. Staff recommends a reduction in the Caffe Luna Rosa valet
queue fee from $165.00 to $125.00 per space, per month ($40.00 reduction).
The City Attorney stated this is approval of Amendment 1 and it does not
reduce the number of parking spaces. Mr. Aronson stated it is still seven spaces and is
just a reduction in the fee. He stated the Amendment also addresses a scrivener's error
that was done through these amendments. All of the valet queues are open from 5:00
p.m. until 2:00 a.m. and the valet here in question was always until 11:00 p.m. Mr.
Aronson stated when staff was doing amendments in the 2008 renewals, we had done
new contracts and this one also got a 2:00 a.m. closing time but this was in error. Mr.
Aronson stated the applicant's actual operating hours are from 10:00 a.m. until 11:00
p.m. and this will be adjusted in the Amendment.
Mr. Bernard asked what are the other vendors are paying. In response,
Mr. Aronson stated they are paying $90.00 per space.
Mr. Fetzer moved to approve Amendment No. 1 to the Parking License
Agreement with Caffe Luna Rosa, seconded by Mr. Eliopoulos. Upon roll call the
Commission voted as follows: Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Vice Mayor
McDuffie — Yes; Mr. Bernard — No. Said motion passed with a 3 to 1 vote,
Commissioner Bernard dissenting.
9.D. AUTHORIZATION TO HIRE OUTSIDE COUNSEL /APPEALS
IN CASES REFERENCING LINDA MARKS: Consider authorizing the City to hire
Gaunt, Pratt, Radford, Methe & Rockenbach, P.A., to handle all appeals in cases
referencing Linda Marks at the rate of $225.00 per hour.
The City Attorney stated these are a series of cases that the City
Commission authorized this firm to handle for the City. She stated the City has some
items on appeal and has won some summary judgments and also had a recent case that
was pretty good and they expect for it to be appealed. The City Attorney stated she
would like authorization to hire outside counsel Gaunt, Pratt, Radford, Methe &
Rockenbach, P.A. to represent the City in these appeals.
Mr. Bernard moved to authorize to hire outside counsel for all appeals
cases in regards to Linda Marks, seconded by Mr. Eliopoulos. Upon roll call the
Commission voted as follows: Mr. Fetzer — Yes; Vice Mayor McDuffie — Yes; Mr.
Bernard — Yes; Mr. Eliopoulos — Yes. Said motion passes with a 4 to 0 vote.
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9.E. SETTLEMENT OFFER IN JUDITH KARP v. CITY OF DELRAY
BEACH: Consider a Settlement Offer in the total amount of $100,000.00 in Judith Karp
v. City of Delray Beach. Staff recommends denial.
The City Attorney stated this is a Settlement Offer in the amount of
$100,000.00. Staff recommends denial of the offer and would suggest that the City do an
Offer of Judgment in the amount of $9,000.00.
Mr. Eliopoulos moved to approve the Settlement Offer in the amount of
$100,000.00, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows:
Vice Mayor McDuffie — No; Mr. Bernard — No; Mr. Eliopoulos — No; Mr. Fetzer — No.
Said motion was DENIED with a 4 to 0 vote.
Mr. Fetzer moved to file an Offer of Judgment in the amount of $9,000.00,
seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr.
Bernard — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Vice Mayor McDuffie — Yes.
Said motion passed with a 4 to 0 vote.
9.F. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1)
student member to the Education Board to serve an unexpired term ending July 31, 2009.
Based upon the rotation system, the appointment will be made by Commissioner Fetzer
(Seat #2).
Commissioner Fetzer moved to appoint Margaret Henderson as a student
member to the Education Board to serve an unexpired term ending July 31, 2009,
seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr.
Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Bernard — Yes; Vice Mayor McDuffie — Yes.
Said motion passed with a 4 to 0 vote.
At this point, the time being 6:52 p.m. the Commission moved to Item 11,
Comments and Inquiries on Non - Agenda Items from the City Manager and the
Public.
ILA. City Manager's response to prior public comments and inquiries.
In response to a concern expressed at the last meeting about kiteboarding
at the beach, the City Manager stated kiteboarding is' regulated by City ordinance
requiring a 300 foot exclusion zone in all directions from any public beach area. While
kiteboarding is a high impact sport there have been no reported significant injuries to date
in Delray Beach. The City Manager stated Ocean Rescue does monitor this activity on
nearly a daily basis during operational hours from 9:00 a.m. — 5:00 p.m. Some kite
boarders do enter the inclusionary zone at times but we have had good success in keeping
the public safe while they are in the water. He stated kiteboarding like other sports
including surfing, diving, and windsurfing all carry potential risk to the participant and
sometimes the public. The City Manager stated which activities are regulated or
prohibited on the municipal beach is decided by the citizens of Delray Beach and the
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Commission. The City Manager stated at this time he cannot support the total banning of
this sport in Delray Beach; however, if in the future injuries or instances that adversely
affect public safety increase, he would consider revisiting this issue. The City Manager
stated the City Attorney's office did some research on this and stated unless the activity is
a nuisance per say then you cannot really ban the activity legally.
Secondly, the City Manager stated at the last meeting there were inquiries
about the future availability of the Hilltopper Stadium and also about the maintenance of
the turf at the stadium. The City Manager stated the City has been assured by the School
District that it will be available for a Rocks game for the rest of this year and when the
new school is built on the site the City will still have a football field there. He stated the
City does not know the exact timing of when the new field will be built and if there is any
interruption of availability during the football season the City will make sure that another
field is available. With regard to the maintenance of the turf, he stated before the start of
last year's football season the play area was regraded and sod replaced. The stadium was
also used by the soccer and Lacrosse leagues until June of this year. He stated that is
when the Parks Maintenance division started to make repairs to bring the field back in
shape for football. The City Manager stated the Parks Maintenance division has laid
additional sod, applied insecticides and fertilizer, and used organic supplements to
encourage root growth and aerification of the turf. He stated mowing is performed twice
weekly. The City Manager stated as of last week the City found a problem with the
irrigation pump and notified the School Board. After numerous calls to them, the School
Board responded on September 9, 2008 and found that the pump had burned out. The
School Board informed City staff that it would be two weeks before repairs could be
made and the City has instructed staff to construct a temporary irrigation system that
should be up and running now in order to ensure that there is adequate irrigation for the
remainder of the season.
Vice Mayor McDuffie stated he was at the fields on Sunday and spoke to
some people out there and announced that he has the site plans for Phase II of the
Construction Plan on the school facility that is being demolished right now. He stated in
Phase II there is a complete renovation of Hilltopper athletic fields to incorporate a mixed
use of different types of sports (i.e. baseball, softball, football, and track). Vice Mayor
McDuffie stated he has a site plan that was released from the School Board which he will
forward to the Pompey Park Booster Club and noted that Commissioner Bernard has a
copy also with him this evening.
11. From the Public.
11.B.1. Jason Mankoff, Weiner, Aronson & Mankoff, 10 S.E. 1st Avenue,
Delray Beach, speaking on behalf of Oceanside Beach Service, Inc. (Bid #2008 -45)
which this Commission pulled off the Consent Agenda on September 3, 2008 and
subsequently voted to reject all bids while directing staff to reopen the bid process. Mr.
Mankoff stated as this matter was on the Consent Agenda that evening the client had no
notice that the matter would be contested and did not have the opportunity to respond.
He stated to provide fundamental fairness and due process in this bid as well as for the
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bid process throughout the City for future bids he respectfully requests that bid vote
#2008 -45 be reconsidered by the Commission at its first meeting in October. Mr.
Mankoff stated a new bid package should not be sent out under these circumstances and
noted his client was clearly the highest and best bidder. He stated whatever reported
difficulties with the term of the contract merely allow the City Manager more flexibility
to extend the contract. Mr. Mankoff stated all parties received the same bid package and
had the opportunity to ask questions via the pre -bid process. He stated they respectfully
request more than three minutes on another night when this is reheard in order to preserve
his client's rights to due process in this matter. Thus the vote on the original bid package
Bid #2008 -45 should be reheard. He stated after the bids are properly evaluated if there
are other services desired by the City they can be discussed with the successful bidder at
that time. He stated the important matter is that the bidding process not be compromised.
Mr. Mankoff asked the Commission that this be re- opened under the original bid process
and be discussed at the October 7, 2008 City Commission Meeting.
Brief discussion between the Commission and the City Attorney followed.
Per the request of Mr. Mankoff, Vice Mayor McDuffie asked the
Commission if they would like to make a motion to reconsider that the bid be reheard.
No motion was made by the Commission to reconsider the original bid for Oceanside
Beach Service, Inc.
11.B.2. Beniamin Bryant, Jr., 203 S.W. 14th Avenue, Delray Beach, stated for
years the Delray Rocks have produced legends and they need to continue to have a place
to call home. He stated the community is very diverse and he is tired of the children who
live west of Swinton Avenue being neglected and asked when they are going to be
included in the plans of Delray Beach. He stated the children want to be able to say they
are a member of the Delray Rocks not today but 20 .years from now. He stated some of
the adults sitting in the audience made it through life because of the Delray Rocks. Mr.
Bryant commended the coaches for pouring their hearts into the families and stated the
families have poured their hearts into the community.
11.B.3. Thuy Shutt, 102 N.E. 12th Street, Delray Beach, speaking as a new
parent stated it only took her three months to get the message. She stated these coaches
practice with the children 4 -5 days a week for at least two hours a day and they listen to
them because the children know that the coaches care about them. Mrs. Shutt stated she
understands that there are people such as the School Board and City staff that are looking
out for the Delray Rocks; however, as late as yesterday they thought they had a place to
play this Saturday but they will not and will be going to an away game. She stated this is
very important from an economic point of view because although they are able to go to
an away game as a family some parents cannot afford the gas to cheer their children on.
Mrs. Shutt stated to be in limbo is a disservice to the parents and urged the Commission
to consider this when looking for a permanent home field for this league. She stated the
season is halfway through but next year she urged the City to have an effective
communication plan and noted the City Commission has such influence with the School
Board. She stated the Delray Rocks are receiving visitors as they invite their competitors
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into Delray Beach and as a courtesy to them they need to know ahead of time where the
games will be played and not be left in limbo as well. Mrs. Shutt stated the Delray Rocks
is a good league and she would like to see the league continue.
11.B.4. Daniel Wright 106 N.W. 12th Avenue, Delray Beach, thanked the
County and all the coaches who take the time to work with the Delray Rocks. Mr.
Wright asked what Delray Beach is going to do for its own citizens and stated that the
City of Delray Beach should have provided a place of their own to call home instead of
the School Board. He stated other cities have a sports complex which consists of a
baseball field, football field, soccer field and everything else; and everyone has a place to
play not just a certain organization. He stated the money spent on the round -a -bouts
throughout the City could have been money toward a place for the Delray Rocks to play
football. Mr. Wright asked when the City is going to stand up and stated not only does
the league look bad but the City looks worse.
1LB.5. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, stated she attended
Boca Raton High School and did not play for the Delray Rocks. In her opinion, Ms.
Moody stated the City of Delray Beach does not owe anybody but instead the residents
owe it. She stated she does not appreciate people lying and suggested that if residents
want to clean up the City that they teach their children to repair the field. Ms. Moody
stated this is not about the City teaching other people's children but it is about people
teaching their own children.
1LB.6. Norman Wright, 7266 Shady Grove Lane, Boynton Beach, stated his
children play for the Delray Rocks and the reason he chose the City of Delray Beach over
the City of Boynton Beach is for various reasons. Mr. Wright stated he is the Pastor and
Bishop at Holy Ghost Headquarters here in Delray and most of his members reside in
Delray Beach. He stated the football team in Boynton Beach is a very good football
team; however, in his observation they do not have the discipline that the team in Delray
Beach has had forever. Mr. Wright stated he drives his children from Boynton Beach to
Delray Beach everyday to watch them practice and play in the City of Delray Beach
where there is discipline, honor and pride. He stated every Saturday a large number of
parents support their team and their children. Mr. Wright stated there are more people
from the City of Delray Beach supporting their team than there is from other neighboring
cities. He stated when he went out on Saturday there was no place to park, no place to sit
in the bleachers because they were condemned with yellow tape and grass was
overgrown. He stated relatives came out to support the children and he found it to be
very embarrassing for the Delray Rocks. Mr. Wright stated adjacent to the Hilltopper
Stadium was a brand new soccer complex. He stated he owns a lawn maintenance
company and stated he will get his guys and help fix the field with the City's permission
because the Delray Rocks care about the community and they want to look good in this
city for Delray Beach. Mr. Wright stated the Delray Rocks has many super bowls and
there are many people in attendance this evening that have played professional football
and arena football, etc. and feels it would do Delray Beach justice to stand behind Delray
Rocks Football Team in this upcoming year and years to come.
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11.B.7. Queens Owens, 328 N.W. 2 "d Avenue, Delray Beach (Daycare Owner
in Delray Beach), stated they are celebrating their 501 year of being in this community
and most of the children that have passed through here started out at Kiddie Campers and
some of them, at TLC Christian Academy.. She stated children are encouraged from ages
3 -5 years old and are introduced to the Delray Rocks program. The Daycare sponsors
them with uniforms, etc. Ms. Owens stated these children are growing from infancy to
the adults that they are now and most of them grew up in Delray Beach. She stated they
are proud of this City and want to be a part of it. Ms. Owens stated it is her desire to
produce the kinds of citizens that one day might be sitting where the Commission is
sitting now or doing something in this community that would make the City proud of
them. She encouraged the Commission to look at what they are doing.
11.B.8. Christopher Wright, 258 N.E. 21s' Street, Delray Beach, asked if the
City will have somewhere for the Delray Rocks to play and call home by the end of this
year.
11.B.9. Eugene Tolliver, 200 N.W. 2 "d Avenue, Delray Beach (coach with the
Delray Rocks), stated for many people two or three generations have played for the
Delray Rocks. He stated his father played and coached, now he coaches and his son
plays and his daughter cheers. Mr. Tolliver stated this organization means a lot to a lot of
people. He stated if the Hilltopper Stadium is going to be the home of the rocks he asked
if they could have something saying " Hilltopper Stadium Home of the Rocks" with
repairs at the field. Mr. Tolliver stated Delray Rocks has created great young men and
women and noted that the coaches are all volunteers because they love the children and
the community.
11.B.101 Angela Randolph, 8787 Pioneer Road, West Palm Beach, stated prior
to moving to West Palm Beach she was a resident at 1323 Prospect Street in Delray
Beach and also owns a business that functions from 1191 N. Federal Highway, Delray
Beach. She stated she is a new parent in the program as well and they are in the midst of
their football season and to her disappointment there have been many things to come
against the children. She expressed concern over the children being displaced from
various football games. Ms. Randolph stated she had her parents to visit because they
wanted to see their grandson play football and their granddaughter cheer. She stated it
was very embarrassing that they had to park across the street and they were directed by
the Delray Beach Police Department that they could not park on the premises because
that parking was for the soccer participants. Ms. Randolph stated.once they got inside the
game the bleachers were blocked off and to her understanding they have been
condemned. In addition, Ms. Randolph stated the bathrooms were locked and could not
be opened and the football coach had to take his personal money to purchase a water hose
and manually water the grass. She urged the Commission to ensure that the children who
participate in the Delray Rocks program have a place to call home.
Vice Mayor McDuffie stated youth sports is a big part of his life. He
stated he has not been in the Delray Rocks program but he has been in the Delray Beach
National Little League program for many years (as a player since 1955 and as a Board
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Member for the last 15 years). Vice Mayor McDuffie stated there is no greater asset that
the City of Delray Beach has than its young people of any race or ethnicity they are the
most critical things that we have and the most precious things in our community and the
City does think a great deal of the children. Vice Mayor McDuffie stated after the soccer
game he walked over to the Delray Rocks game to see a lifelong friend of his Bennie
Leonard and talked to him about the frustrations that he is having. Vice Mayor McDuffie
stated the City of Delray Beach does not own or have any rights to Hilltopper Stadium
and it is owned by the School Board of Palm Beach County. The portion that is the
soccer field was purchased by the City of Delray Beach from the Palm Beach County
School District and they would not entertain selling the City Hilltopper Stadium under
any conditions. He stated about a week ago the Commission asked if staff could get with
the Palm Beach County School District and last week a delegation of staff members from
the City of Delray Beach went to Palm Beach County School Board specifically to meet
on the subject of the City's use and rights to use Hilltopper Stadium. The issue also
discussed the bleachers, the condition of the fields, and the plans for the fields in the
future. Vice Mayor McDuffie stated yesterday the City of Delray Beach received from
the Palm Beach County School District a set of site plans which reflect the tear down and
rebuild of what will be Plumosa on that site. He stated the Palm Beach County School
District will keep Hilltopper Stadium and it is included in that site plan and the City of
Delray Beach will not be able to own that stadium. Vice Mayor McDuffie stated the
School Board is demolishing the facilities and Phase I will be to rebuild the school and
Phase II will be to rebuild the athletic fields. He stated Hilltopper Stadium will be rebuilt
and the football field will remain where it is now but there may be some disruption while
they do a rebuild. Vice Mayor McDuffie stated what they plan to do in that stadium is to
take the excess space back in the corners. They plan to put baseball and softball fields
with home plate facing the corner and the outfield being out toward the football stadium.
He stated they will have baseball and softball fields but they will point in toward the
football field so that there is no sod taken out of the football field while they are playing
baseball and softball games. Vice Mayor McDuffie stated there are other sports which
are to be accommodated by that facility as well. He stated the City would go to great
lengths if they could find a tract of land that size in the City of Delray Beach. Vice
Mayor McDuffie stated there were 90 acres of available land in small tracts all over the
City of Delray Beach and he would guess that Hilltopper Stadium is 15 -20 acres and the
land is not available to build a stadium in the City limits of Delray Beach. However, the
City is trying to work with the Palm Beach County School Board to support the Delray
Rocks program to the greatest extent possible. Vice Mayor McDuffie stated he does not
know when they will start the tear out and when the fields will become unavailable and
stated he will be happy to meet with anyone and discuss anything that they would like to
discuss and the City will. try to get more information for them.
Mr. Eliopoulos echoed comments expressed by Vice Mayor McDuffie.
Mr. Eliopoulos stated he clearly supports all youth programs and he is not sure what
happened with regards to this because it was clearly the School Board and the schools
looking at what they wanted to do with this property. Mr. Eliopoulos stated that for some
reason it was overlooked that this construction is happening during the middle of the
Delray Rocks season. He stated this was not the City's intention and if the City could
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have controlled this they would have. Mr. Eliopoulos stated he fully supports whatever
the City can do for the program and encouraged staff to make sure that the transition is
comfortable. He stated the Commission had a petition come before them with regard to
one of the Booster Clubs. He stated whoever needs to be informed needs to contact staff
and/or the Commission like they have tonight so that the City has the proper information
and take the right course with this.
Mr. Bernard stated on Saturday he attended the Ribbon Cutting Ceremony
for the Soccer Complex and he heard the cheerleaders loud and clear. He stated he had
the opportunity to see Hilltopper Stadium and noted that it was in horrible conditions.
Mr. Bernard stated the City needs to have a Workshop Meeting where we can sit down
and get the players who are involved and have members of the School Board present
because the City of Delray Beach needs to know exactly what the timeframe is in terms
of the construction so that we will know what will happen for next year. Mr. Bernard
stated the City of Delray Beach will take alternative measures to make sure that the
Delray Rocks will be displaced or traveling in away games. He stated there were close to
500 parents who were cheering and the kids were playing. Mr. Bernard stated the City
cares about the children and will make sure that the children will play in Delray Beach.
The City Manager stated the City of Delray Beach has a commitment from
the Palm Beach County School District that the facility will be available. He stated the
City does not know the schedule for the construction and noted that there may be one
season where the Delray Rocks may have to play at a different location. The City
Manager stated it's his understanding for this season that there were two more home
games and that the field would be available for those two games. With regard to the
stands, the Palm Beach County School District has informed the City that they do not
meet current Code requirements so they wanted to tear them down immediately. The
City of Delray Beach has persuaded the School District to not do that and they were to
block off the end sections and the upper part of the middle section but leave
approximately 500 seats there that would be available providing the City assumed the
risk of any injury that may occur since they do not meet current Code requirements and
the City has done that. The City of Delray Beach recognizes that the field is not what the
City wants and long term the City Manager stated he expects what the City will do (as
has been done with other School District facilities) is the City will assume responsibility
for the maintenance and let the School District pay the City for it and the City can build
them and maintain them to the same standard as the soccer fields. However, the City
Manager stated this may take a couple of years to make all of, that happen. In the
meantime, the City Manager stated the City will be sure that the Delray Rocks have a
place to play because they are a very important part of this community and the City wants
to support them. The City Manager stated some of the problems that occurred this past
weekend were because of the lack of communication between the School District staff
that the City met with and the demolition contractor working on site that did not have
power to some facilities that he should have. The City will work with the School District
staff to be sure that the problem does not reoccur.
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11.B.11. Richard Hughes (unable to obtain address), stated he grew up in Delray
Beach and played for the Delray Rocks from the age of 8 -15 years of age and has been a
coach for 8 years because he wanted to give back to the community. Mr. Hughes stated
the biggest thing that they want as an organization is an even playing field.
11.B.12. Dwayne Randolph, 1191 N. Federal Highway, Delray Beach (business
address ), stated he is a new parent to the Delray Rocks program and suggested that the
City of Delray Beach consider making the soccer field into a dual soccer and football
complex since the Delray Rocks has been around for approximately 50 years and did not
have a home.
Vice Mayor McDuffie stated the City will entertain this as well in the
negotiations with the School Board.
At this point, the time being 7:51 p.m. the City Commission moved to the
.duly advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. RESOLUTION NO. 42-08 (MILLAGE LEVY): A resolution levying a
tax on all properties within the City of Delray Beach for operation and maintenance and
for payment of principal and interest on bonded indebtedness for FY 2009.
The caption of Resolution No. 42 -08 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL
PROPERTIES WITHIN THE CITY OF DELRAY BEACH,
FLORIDA, FOR MAINTENANCE AND OPERATION, AND
TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL
AND INTEREST ON BONDED INDEBTEDNESS, AND TO
ALLOCATE AND APPROPRIATE SAID COLLECTIONS
THEREUNDER.
(The official copy of Resolution No. 42 -08 is on file in the City Clerk's
office.)
A public hearing was held having been legally advised in compliance with
the laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
The City Attorney announced that Resolution No. 42 -08 levies a tax on all
properties in the City of Delray Beach for fiscal year 2009 as follows: 6.3900 mills for
operation and maintenance of the General Fund; .4604 mills for a total millage rate of
6.8504; the rolled back rate calculated under the TRIM law for operating purposes is
6.5393 mills. The operating millage rate of 6.3900 mills is 2.41% less than the rolled
back rate.
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Vice Mayor McDuffie declared the public hearing open.
Nancy Flom, 37 Hibiscus Way, Ocean Ridge (Real Estate Broker in
the State of Florida and this community and also serves as Chairman of the
Government Affairs Committee of the Realtors Association of the Palm Beaches),
stated she was here before the Commission to discuss the economy and the difficulty in
the real estate industry at this time. She stated the last time she spoke she discussed the
inability of the State Legislature and the Tax and Reform 20 -year Commission to come to
a consensus on a comprehensive tax legislative package to kick start our real estate
industry and to provide equity and homesteaded, non - homesteaded, residential and
commercial property. She stated voters overwhelmingly passed Amendment One which
provides for the first time a 10% cap on the assessment increases on commercial
property; however, this provision does not come into play this budget season. Ms. Hogan
stated at this point in order to help the real estate industry, and help our communities in
finding buyers and sellers; the responsibility is being left at the local government level.
She urged the City to limit its spending and urged the City has to be conservative and
make sure that we have enough money in our accounts because there might be further
downfall in real estate values. Ms. Hogan stated conservative here is to not keep the mill
rate down as far as possible. This logic will keep us in a downturn mode and urged the
City to help realtors help this city to renew the housing industry and help refill the tax
revenue accounts from new house sales not from raising taxes.
Mike Owens, 2150 South Ocean Boulevard, Delray Beach, asked the
City Attorney to repeat the millage as it is set and the rolled back rate.
The City Attorney stated the tentative millage rate is 6.449 mills adopted
September 3, 2008. Resolution 42 -08 reduces further that millage rate to 6.3900 and the
debt service remains at 0.4604 for a total millage rate of 6.8504.
Mr. Owens encouraged the Commission to lower the millage rate to the
rolled back rate because the economy is in a downward spiral and we are still feeling the
tax burden on non - residential and commercial properties. He stated most people in the
community work on a monthly budget. Mr. Owens stated when non - optional items such
as property taxes have been increased over the years, when water bills go up for the same
volume of water and when the gas bill goes up, this stretches one's budget. He stated all
of these things take money out of other areas that are discretionary spending if people
have to pay it back to the municipality for those basic items. Mr. Owens stated the City
of Delray Beach needs to look harder at making cuts if the review in the Palm Beach Post
of the City Budget and Summary is anywhere near correct. Mr. Owens stated the real
world is seeing complete setbacks and complete reductions and feels if this continues the
assessments of property values will continue to decrease and the City will be facing the
same thing next year or even worse. Mr. Owens stated it is time the City take a longer
range view of what is happening in the economy, assessments, and in the budgeting
because if the City does not there will be severe problems in the future. He stated the
City needs to make budget. cuts now and get ahead of the game. Mr. Owens suggested
that the City take money out of the Federal Highway Project and give some of it to the
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Delray Rocks and help the citizens. He stated he loves the appeal and the interest of
those people willing to cut grass and water the lawn and willing to get out and do things
to help the community. Mr. Owen stated the citizens have spoken and almost 70% (more
than two- thirds) asked for a decrease in property taxes but there has been a resistance for
the last two years to do that. He urged the City to do the right thing and get on with
severe budget reductions in use of a lower millage rate.
The City Manager clarified that the rolled back rate is 6.5393 and the
proposed operating millage rate is 6.3900 or fifteen hundredths of a mill less than the
rolled back rate.
There being no one else from the public who wished to address the
Commission regarding Resolution No. 42 -08, the public hearing was closed.
Mr. Fetzer thanked the City Manager and City staff for a lot of hard work
that has gone into this and lots of discussion staff has had on how the City can contain
and reduce spending. He stated he is glad to see that the City has come up with a way to
reduce the millage rate further. Mr. Fetzer stated he feels the City has a realistic
compromise that does reduce the property taxes to some extent and they will continue to
work'on that as years go buy. He stated some cities have fire assessment fees; however,
the City of Delray Beach has not chosen to go that way. Mr. Fetzer stated the City of
Delray Beach feels that they have set the reserves at an appropriate level to operate the
city.
Mr. Eliopoulos concurred with comments expressed by Mr. Fetzer and
stated everyone is feeling the same pain (increases in taxes, gas, food, etc.). Mr.
Eliopoulos thanked the City Manager and staff for working with the Commission. He
stated even with the millage that is being set now the City will have a shortfall next year.
Mr. Eliopoulos stated this Commission and staff is going to be continuing to look at this
because this is an ongoing process. He stated this is the first time that most
municipalities have ever experienced anything like this. Mr. Eliopoulos stated the
Commission realizes what is going on not only locally but worldwide and it is affecting
everybody. He stated the Commission hears from the public that they do not want to see
certain services cut and noted this is a compromise. Mr. Eliopoulos stated the
Commission is trying to do what they can with what they have and not hurt the overall
character of Delray Beach. He stated at the same time as the City starts cutting the
millage rate when looking at the Police and Fire and the freezing of employee wages, it is
going to have a direct affect on the community. The City is looking at other avenues to
bring new businesses in to try to balance and offset a lot of the issues the City has with its
taxes. He stated this is a long struggle and this Commission and staff is committed to try
to maintain the level of Delray Beach and at the same time reduce taxes. Mr. Eliopoulos
stated this is tough but feels that staff has done a good job.
Mr. Bernard thanked the City Manager and staff for their continuous hard
work to try to lower the millage rate as low as possible. He thanked the Community
Redevelopment Agency (CRA) for providing the City with the $500,000.00 fund that the
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09/ 16/08
City needed which was helpful in terms of allowing the City to reduce the millage rate
and to allow the City to continue to provide the services of having the Animal Control
and the additional School Crossing Guards. Mr. Bernard stated he would like to make
sure that employees know that we as a City are being as fiscally responsible as possible to
make sure that we avoid a lot of waste. He stated the City is doing what it can in terms of
making sure that we are responsible as well.
Vice Mayor McDuffie commended staff and the Budget Task Force who
have worked tirelessly for the period of which the City Commission formed this Task
Force for and have brought some wonderful recommendations to them. He stated some
of those recommendations of the Budget Task Force the City has implemented, however,
some of the recommendations cannot be implemented because the City has bargaining
units and some of the things that the Task Force would like to see reduced are in these
bargaining units contracts (three union contracts). He stated they cannot just reduce the
contracts because the City has to honor those contracts. Vice Mayor McDuffie stated the
Budget Task Force has brought the City Commission information that they can work with
into the future. Vice Mayor McDuffie stated this is not just a problem with real estate but
is a systemic problem with the entire economy. He stated the City of Delray Beach has
offered early retirements for the last two years and have tried not to lay off City workers
because they are those people (some living paycheck to paycheck) so the City tries very
hard to maintain and keep them and at the same time not have a bloated staff. In
addition, Vice Mayor McDuffie stated the City hired an outside consulting firm after the
Budget Task Force to come in and take a look at things that they may not have seen. He
stated although the City's population had increased 36% the staff had only increased 24%
so the City is on track to hold back on its staff but at the same time the City recognizes
that they can do better with automation and several other things. Vice Mayor McDuffie
stated the Commission is committed to do that and they have to balance this with trying
to build a football stadium for the Delray Rocks. He stated if he could he would give the
Delray Rocks a stadium tomorrow but unfortunately the land does not exist and if it did
the City would not have the budget to do it. He stated if the City could have lowered the
millage rate any lower they would have done so but the City was getting to the point
where it was starting to affect essential services and he feels it would be irresponsible of
the City to do that.
Mr. Fetzer moved to approve Resolution No. 42 -08, seconded by Mr.
Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer — Yes; Vice
Mayor McDuffie — Yes; Mr. Bernard — Yes; Mr. Eliopoulos — Yes. Said motion passed
with a 4 to 0 vote.
10.B. RESOLUTION NO. 43 -08 (MILLAGE LEVY /DDA)• A resolution
levying a tax on all properties within the Downtown Development Authority Taxing
District of the City of Delray Beach for FY 2009.
The caption of Resolution No. 43 -08 is as follows:
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69/16/08
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL
PROPERTIES WITHIN THE DOWNTOWN
DEVELOPMENT AUTHORITY TAXING DISTRICT OF
THE CITY OF DELRAY BEACH, FLORIDA, FOR
MAINTENANCE AND OPERATION, AND TO
APPROPRIATE SAID COLLECTIONS THEREUNDER.
(The official copy of Resolution No. 43 -08 is on file in the City Clerk's
office.)
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
The City Attorney stated Resolution No. 43 -08 levies the tax in the
amount of 1.0000 mill on all properties within the Downtown Development Authority
Taxing District of the City of Delray Beach for fiscal year 2009. The 1.0000 millage rate
is more than the 0.9535 rolled back rate calculated under the TRIM law by 4.88 %.
Vice Mayor McDuffie declared the public hearing open.
Marjorie Ferrer, Executive Director of the Downtown Development
Authority (DDA), 1420 North Swinton Avenue, Delray Beach, stated the DDA is a
small taxing district along Atlantic Avenue and the 1.0000 mill levy of funds is the only
dedicated source of marketing and promotional dollars that the DDA desperately needs to
turn into multiple dollars by co -oping with the merchants at their request to promote the
downtown to bring customers to these shops. Mrs. Ferrer encouraged the City
Commission to approve the 1.0000 millage rate.
Bruce Gimmy, 439 East Atlantic Avenue, Delray Beach (merchant on
Atlantic Avenue for 23 years), stated he owns his property; however, there are many
new and old merchants who are leasing (triple net leases). Mr. Gimmy stated it is more
expensive and feels that there are going to be a lot of failures. He stated this marketing
money is important and he urged the City Commission to support it.
There being no one else from the public who wished to address the
Commission regarding Resolution No. 43 -08, the public hearing was closed.
Mr. Eliopoulos stated when this was presented to the Commission he
expressed concern about needing more information to increase it. He stated he received
numerous telephone calls and emails from business people urging the City Commission
to increase it. Mr. Eliopoulos stated he is clearly in favor of it now.
Mr. Bernard stated he met with Mrs. Ferrer last week and he is convinced
that this is something that is needed and he fully supports.
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09/16/08
Mr. Fetzer stated he too was looking for more information as to why the
DDA wanted to increase the millage rate to 1.0000 mill on all properties within the
Downtown Authority Taxing District. He stated he has heard loud and clear from the
business people in the downtown area that are affected by this. Mr. Fetzer stated this is a
small taxing district and does not apply citywide. He stated he is convinced that
marketing is so important to keeping Atlantic Avenue and the downtown area thriving
and he will support.
Vice Mayor McDuffie stated this is something he was a bit critical of to
begin with and he met with Mrs. Ferrer and got a tremendous education on what the
DDA does. He too received telephone calls and emails from people in the district who
said "tax me." Vice Mayor McDuffie stated there is a general feeling in the downtown
that the merchants are looking forward to the additional revenues for them to be able to
increase the advertising that they are able to do within the City of Delray Beach. He
stated anything the City can do to stimulate the businesses ($12,000.00- $17,000.00
additional of what the DDA originally asked for) he will support. Vice Mayor McDuffie
also asked to see a detailed budget which Mrs. Ferrer provided.
Mr. Eliopoulos moved to approve Resolution No. 43 -08, seconded by Mr.
Bernard. Upon roll call the Commission voted as follows: Vice Mayor McDuffie — Yes;
Mr. Bernard — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes. Said motion passed with a 4
to 0 vote.
10.1C. RESOLUTION NO. 44-08 (BUDGET ADOPTION FOR FY 2009): A
resolution making appropriations of sums of money for all necessary expenditures of the
City of Delray Beach for the period October 1, 2008 through September 30, 2009.
The caption of Resolution No. 44 -08 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, MAKING
APPROPRIATIONS OF SUMS OF MONEY FOR ALL
NECESSARY EXPENDITURES OF THE CITY OF
DELRAY BEACH FOR THE PERIOD FROM THE 1St DAY
OF OCTOBER, 2008, TO THE 30t' DAY OF SEPTEMBER,
2009; TO PRESCRIBE THE TERMS, CONDITIONS AND
PROVISIONS WITH RESPECT TO THE ITEMS OF
APPROPRIATIONS AND THEIR PAYMENT; AND TO
REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT
WITH THIS RESOLUTION AND ALL RESOLUTIONS
INCONSISTENT WITH THIS RESOLUTION TO THE
EXTENT OF SUCH INCONSISTENCY.
(The official copy of Resolution No. 44 -08 is on file in the City Clerk's
office.)
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09/16/08
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
The City Manager briefly reviewed the summary of the budget and what
the changes are between 2008 and 2009. He stated most departments have cut their
budget from the previous year. The City Manager stated the City Commission is down
3.7 %, City Manager including Public Information is down almost 12 %, City Attorney is
down 1 %, Human Resources was cut 25 %, City Clerk by 7 %, Finance was cut a little less
than 1 %, Administrative Services about %Z %, Planning and Zoning was cut 17 %,
Engineering had an increase of about 2 Y2% but it is actually less than $20,000.00, the
Police Department is down about 1 %, the Fire - Rescue Department is up about 1 %,
Community Improvement is down 8.8 %, Public Works is up'by 16% (combination of the
shuttle service much of which is funded by grants from FDOT and the CRA and is also
because of the two new garages and the maintenance and operation of those two public
parking garages), Parks and Recreation is down by 4 % %, miscellaneous is up by about
1% (less than $100), grants which include the Library, Old School Square, and various
social service agencies is up by 1.2 %, debt service is up by 6 %; and noted that in prior
years there was some debt service that was in transfer because the City transferred money
to the beautification fund to pay debt service on some of the City's Utility Tax Bonds,
and transfers are down 12% and the biggest part of that is the reduction in what is
transferred to the CRA because of the millage decrease, and contingency is cut by 72 %.
The City Manager stated overall the budget is down from $101,000,000.00 to
$99,000,000.00 (2.4 %). He stated he believes this budget continues to provide an
adequate level of service and something the city can be content with. The City Manager
stated some of the newspaper articles he read made it sound like the City cut a lot out of
the Police Department. He stated in the Capital Budget there is in excess of
$1,000,000.00 for replacing their computer aided dispatch system. The City Manager
stated the City had some money in this year's budget for purchase of take home cars and
then they have one lieutenant's position that they felt maybe they could do without it as a
long -term organizational change so it is being frozen and held vacant. The City Manager
stated the City does not expect any reduction in police service although there is a small
reduction in their operating budget.
Vice Mayor McDuffie declared the public hearing open.
Pam O'Brien, Executive Director of Aid to Victims of Domestic Abuse
(AVDA), 2905 S. Federal Highway, Delray Beach, stated AVDA is a non - profit
organization and for many years Delray Beach sponsored AVDA as one of the agencies
dating back to 1993 -2007 in the amount of $15,000.00- $25,000.00. She urged the City to
reconsider funding AVDA's programs again. Ms. O'Brien stated AVDA does provide
emergency shelter, hotline calls, crisis counseling, and safety planning to victims of
domestic abuse in addition to providing some very innovative programs. She stated
AVDA was one of the first agencies in Delray Beach and one of the first in the County to
receive the highest level of certification (gold level for its management) from the Non- F
profit Center for Excellence which is now called Non - Profits First. Ms. O'Brien stated
this last year AVDA has been recognized nationally for its innovative Economic i
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141mefl
Empowerment Program. She stated AVDA was one of only ten grants given throughout
the Country by the All State Foundation to promote economic empowerment for victims
of domestic abuse. Ms. O'Brien stated according to the Delray Beach Police Department
they went out on 341 domestic violence calls last year and they usually send two police
officers and therefore it is quite an expense to the city. She stated out of those 341
domestic violence calls a total of 263 City of Delray Beach residents received services
from AVDA last year and most were children. Ms. O'Brien stated AVDA could use the
support because she believes that they are an essential service. She stated when she
looked at the budget last week there is a good amount set aside for fireworks. Ms.
O'Brien extended her offer as a volunteer to help the City find a sponsor for the fireworks
and maybe the City can reallocate some of that money to AVDA. She stated this way the
City could get an outside sponsor or turn it into a fund revenue increasing event as like is
done in Key Biscayne where they raise money on buttons every year and it covers the
cost of fireworks. Ms. O'Brien stated in keeping with being a living city of character she
urged the Commission to help AVDA continue to save lives.
There being no one else from the public who wished to address the
Commission regarding Resolution No. 44 -08, the public hearing was closed.
Mr. Bernard moved to approve Resolution No. 44 -08 (adopting the fiscal
year 2009 Budget) on Second and FINAL Reading, seconded by Mr. Fetzer. Upon roll
call the Commission voted as follows: Mr. Bernard — Yes; Mr. Eliopoulos — Yes; Mr.
Fetzer — Yes; Vice Mayor McDuffie — Yes. Said motion passed with a 4 to 0 vote.
1. APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT
PLAN: Accept the Planning and Zoning Board's finding that the
proposed Five Year Capital Improvement Plan and FY 2009
Capital Improvement Budget are consistent with the
Comprehensive Plan, and approve same.
Ron Hoggard, AICP, Principal Planner, stated the Capital Improvement
Plan is a listing of all the projects with capital expenditures over $25,000.00 over the next
five years and the Capital Improvement Budget is the first year in that plan. The City's
Comprehensive Plan requires that the Planning and Zoning Board make a finding that the
Five Year Capital Improvement Plan and the fiscal year 2009 Capital Improvement
Budget are consistent with the Comprehensive Plan each year. Mr. Hoggard stated to
show there is consistency between the Capital Improvement Plan and the Comprehensive
Plan staff has divided up the Capital Improvement Plan into seven categories: (1) Coastal
Management, (2) Recreation, (3) Beautification, (4) Housing, (5) Utilities, (6) Public
Facilities and Other Buildings, and (7) Transportation. He stated staff has shown which
funds support those categories and given some major expenditures in each of those
categories and a list of the goals, objectives and policies in the Comprehensive Plan that
support those expenditures.
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09/16/08
At its meeting of September 15, 2008, the Planning and Zoning Board
voted 6 to 0 and found that the proposed Five Year Capital Improvement Plan is
consistent with the Comprehensive Plan.
Vice Mayor McDuffie declared the public hearing open. There being no
one from the public who wished to address the Commission, the public hearing was
closed.
Mr. Eliopoulos commented there are groups such as the Green Task Force
and asked how this is actually implemented. The City Manager stated the City does not
have a lot of recommendations yet from the Green Task Force but the City is
implementing things through the operating budget. For example, the City Manager stated
the City has changed out most of its light fixtures in City Hall to T'8 Fluorescent light
fixtures and this is still being done throughout City Hall. He stated when the City starts
buying vehicles this year they will look at buying more hybrids, buying vehicles that are
4 cylinders versus 8 cylinders, and downsizing the fleet. The City Manager stated the
Police Department has made the decision for all of their Lieutenants and above to go to
Impalas instead of Crown Victoria's because they are smaller vehicles and use less fuel.
Mr. McDuffie inquired about the Environmental Services building and
understands that there are some green features to it. The City Manager stated there are
light sensors where as you enter a room the lights automatically turn on, water saving
fixtures, the building is well insulated and designed with overhangs to minimize heat gain
from the sun, etc. The City Manager stated the new Fire- Rescue station has those same
kinds of things and more incorporated into it.
Mr. Eliopoulos moved to approve the Five Year Capital Improvement
Plan as submitted (Item 10.C.1), seconded by Mr. Fetzer. Upon roll call the Commission
voted as follows: Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Vice Mayor McDuffie — Yes;
Mr. Bernard — Yes. Said motion passed with a 4 to 0 vote.
At this point, the City Manager stated the total property tax roll went down
a little over 7 %, the millage rate was increased less than 5% and the average property
owner in Delray Beach will experience a decrease in their City taxes this year. Vice
Mayor McDuffie stated he concurs with the City Manager that the average person who
does not own a very high end property will see a reduction in their taxes although it will
be nominal.
10.D. ORDINANCE NO. 42 -08: An ordinance amending Chapter 52, "Water"
of the City Code of Ordinances by amending Section 52.34, "Water Rates ", to provide
for increased residential, nonresidential, and irrigation rates for FY 2009.
The caption of Ordinance No. 42 -08 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
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09/16/08
CHAPTER 52, "WATER ", OF THE CODE OF
ORDINANCES OF THE CITY • OF DELRAY BEACH, BY
AMENDING SECTION 52.34, "WATER RATES ",
SUBSECTION 52.34(B), TO PROVIDE FOR CHANGES IN
RATES FOR FY 2009; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 42 -08 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. The public hearing
was held having been legally advertised in compliance with the laws of the State of
Florida and the Charter of the City of Delray Beach, Florida.
The City Manager stated the ordinance does provide for a 5% increase in
water rates and because of the increase in fuel costs, the City's cost for chemicals used in
the treatment process as well as electricity have increased substantially. The City has
also been impacted by the drop in water consumption. For these reasons, the City
Manager stated the City needs the additional 5% in order to maintain the system.
Vice Mayor McDuffie stated staff is also working on looking at the future
as well. He stated the City has kept a very good and clean water supply for a very long
time.
Vice Mayor McDuffie declared the public hearing open.
Nancy Hogan, 37 Hibiscus Way, Ocean Ridge (Real Estate Broker in
the State of Florida and this community and also serves as Chairman of the
Government Affairs Committee of the Realtors Association of the Palm Beaches)
stated whether the City is increasing its mill rate or increasing its fees in total the City has
a bottom line to the tax burden that they are putting on citizens, property owners and
users. Ms. Hogan stated if the City starts shifting to a fire assessment (as like the City of
Boynton Beach) and takes it out of the ad valorem, the City is just creating more usage
and the possibility of spending in the ad valorem. She urged the Commission to be
mindful of the total tax burden during this very trying time.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 42 -08, the public hearing was closed.
The City Manager stated the Service Authorization that the Commission
approved earlier this evening to begin design work for expanding the reclaimed water
distribution on the barrier island will afford those people on the island the opportunity to
reduce their water costs because they will be able to buy reclaimed water for irrigation at
a much lower cost than potable water.
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09/16/08
Vice Mayor McDuffie stated there is an incredible side benefit to that as
well and that is that we put less of that reclaimed water into the Atlantic Ocean. He
stated if plans are on track as the City believes they are right now, the City will totally
discontinue that practice this winter.
Mr. Fetzer moved to adopt Ordinance No. 42 -08 on Second and FINAL
Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows:
Mr. Fetzer — Yes; Vice Mayor McDuffie — Yes; Mr. Bernard — Yes; Mr. Eliopoulos —
Yes. Said motion passed with a 5 to 0 vote.
10.E. ORDINANCE NO. 43 -08: An ordinance amending Chapter 53,
"Sanitary Sewers ", of the City Code of Ordinances by amending Section 53.130, "User
Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge ", to provide for
increased sewer rates for FY 2009.
The caption of Ordinance No. 43 -08 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 53, "SANITARY SEWERS ", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING SECTION 53.130, "USER CHARGES;
WHOLESALE SEWER RATES; CALCULATION OF
SEWER SURCHARGE ", SUBSECTION 53.130(D), TO
PROVIDE FOR INCREASED RESIDENTIAL AND
NONRESIDENTIAL /COMMERCIAL RATES FOR FY 2009;
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 43 -08 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. The public hearing
was held having been legally advertised in compliance with the laws of the State of
Florida and the Charter of the City of Delray Beach, Florida.
The City Manager stated the increase proposed in sewer service charges is
approximately 15% and it will fund the capital improvements necessary to stop
discharging sewage into the Atlantic Ocean as well as covering the cost increases that
was mentioned under the water rate ordinance for the collection and treatment of sewage.
Vice Mayor McDuffie declared the public hearing open. There being no
one from the public who wished to address the Commission regarding Ordinance No. 43-
08, the public hearing was closed.
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09/ 16/08
Mr. Eliopoulos stated they do not like to make increases like this but when
you look at what the City is doing with it sometimes you have to pay the cost to benefit
the environment. Mr. Eliopoulos stated he supports this ordinance.
Mr. Bernard moved to adopt Ordinance No. 43 -08 on Second and FINAL
Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Vice
Mayor McDuffie — Yes; Mr. Bernard — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes.
Said motion passed with a 4 to 0 vote.
10.F. 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 increasing contracted garbage, trash, recycling,
vegetation, and bulk waste collection service rates for FY 2009.
The caption of Ordinance No. 44 -08 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 51, "GARBAGE AND TRASH ", OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH,
BY AMENDING SECTION 51.70, "REGULAR CHARGES
LEVIED ", TO PROVIDE FOR INCREASED RESIDENTIAL
AND COMMERCIAL COLLECTION SERVICE RATES
FOR FY 2009; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy Ordinance No. 44 -08 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. The public hearing
was held having been legally advertised in compliance with the laws of the State of
Florida and the Charter of the City of Delray Beach, Florida.
The City Manager stated this ordinance provides for increases and charges
for garbage, recycling, yard trash and bulk trash collection as well as commercial
container fees. He stated the commercial container rates have been reduced since the first
reading. The City Manager stated after review after first reading, Waste Management
brought to the City's attention that we had put the franchise fees in twice and Waste
Management had already had them built into the base and we added in on top of that. He
stated the Commission is seeing somewhat lower rates for those commercial containers.
Vice Mayor McDuffie asked if this is directly related to the fee structure
that the City has from Waste Management. The City Manager stated this is correct and
also for commercial containers, the Solid Waste Authority, and their disposal charges.
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09/16/08
Vice Mayor McDuffie declared the public hearing open. There being no
one from the public who wished to address the Commission regarding Ordinance No. 44-
08, the public hearing was closed.
Mr. Eliopoulos moved to adopt Ordinance No. 44 -08 on Second and
FINAL Reading, seconded by Mr. Bernard. Upon roll call the Commission voted as
follows: Mr. Bernard — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Vice Mayor
McDuffie — Yes. Said motion passed with a 4 to 0 vote.
10.G. ORDINANCE NO. 45 -08: An ordinance amending Chapter 92, "Boats
and Boating," of the Code of Ordinances by amending Subsection 92.33, "Dockage
Rates ", to provide for a change in the rate structure and the addition of application and
daily docking fees.
The caption of Ordinance No. 45 -08 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 92, `BOATS AND BOATING" OF THE CODE
OF ORDINANCES BY AMENDING SECTION 92.33,
"DOCKAGE RATES ", TO PROVIDE FOR A CHANGE IN
THE RATE STRUCTURE AND THE ADDITION OF
CERTAIN FEES; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of the Ordinance No. 45 -08 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. The public hearing
was held having been legally advertised in compliance with the laws of the State of
Florida and the Charter of the City of Delray Beach, Florida.
Linda Karch, Director of Parks and Recreation, stated this ordinance is to
amend the dockage fees that the City has for the boats and boating in the Code of
Ordinances and to change the rate structure, the addition of application fees, and daily
docking fees.
Vice Mayor McDuffie declared the public hearing open.
Ron LaSota, 1835 Copley Place, Delray Beach, stated for about 1 %2
years he has been a member of the Delray Beach Marina and owns a 21 foot yacht;
however, stated he does not live aboard this yacht. Mr. LaSota expressed concern over
the non - discrimination between live -a- boards and non - live -a- boards. He stated he does
not understand why the City would want to make the rates the same because he does not
use the water, the electricity, the clubhouse, the showers or any of the facilities. Mr.
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09/ 16/08
LaSota stated he takes his boat out once every two months and feels this is unfair. He
urged the Commission to grandfather in those few people who have boats at the marina
that do not live -a- board. Mr. LaSota stated when he started approximately 1 %2 years ago
he was paying around $550.00 per month and with the new increase he will be paying
$735.00 per month to keep a 21 foot boat tied up at a dock.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 45 -08, the public hearing was closed.
Ms. Karch stated it is very difficult to monitor and her staff has been
monitoring this for years and they are never really sure if someone is living aboard a boat
or not. She stated if they are there on the weekends they just spend the night on the
weekends and is that classified as living aboard or is that just on the weekends. Ms.
Karch stated this is very hard to judge and some of the boats do use the electricity even
though they do not live aboard and they will keep the air conditioning running during the
week while they are not there so when they get back on the boat it helps with the
moisture, etc. Ms. Karch stated even though they may not be living there they are still
using the electricity throughout the week and this is why staff decided to make it a flat
rate. She stated staff checked with other marinas and a lot do not have live aboards and
those that do have live aboards do not have a differential in rate.
Vice Mayor McDuffie stated he too has a boat and cannot keep it at his
home either and if is a substantial amount of money to keep one in the marina. He stated
the City did do studies of other marinas around when that was done.
Mr. Eliopoulos asked if Mr. LaSota can live on his boat if he wants to.
The City Manager stated that he can live on his boat if he so desires to do so.
Mr. Bernard moved to adopt Ordinance No. 45 -08, seconded by Mr.
Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos — Yes; Mr.
Fetzer — Yes; Vice Mayor McDuffie — Yes; Mr. Bernard — Yes. Said motion passed with
a 4 to 0 vote.
1. RESOLUTION NO. 38 -08: Consider approval and adoption of
Resolution No. 38 -08 regarding Marina fees, regulations and rules for the
Delray Beach City Marina.
The caption of Resolution No. 38 -08 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, APPROVING THE
ATTACHED RULES, REGULATIONS AND FEES FOR
THE DELRAY BEACH CITY MARINA.
(The official copy of Resolution No. 38 -08 is on file in the City Clerk's
office.)
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09/16/08
Ms. Karch stated this ordinance is to actually change the dockage rate
from $.60 per foot per day to $.70 per foot per day whether the owners live aboard or not
and for the reasons she previously stated. In addition, Ms. Karch stated staff also
proposes to raise the daily transient fee from $50.00 including tax to $60.00 plus tax.
Staff would also like to institute a $50.00 administrative fee with a $10.00 annual renewal
fee for those people interested in remaining on the waiting list for the City Marina. This
fee would apply to those already on the list, as well as any prospective marina slip
holders that go onto the waiting list. Ms. Karch stated there are approximately 200
people on the waiting list. Mr. McDuffie asked if staff has ever considered metering the
water and the electricity in the marina. In response, the City Manager stated the City has
looked into this and it is very expensive to do (approximately $70,000.00 - $80,000.00).
Vice Mayor McDuffie declared the public hearing open. There being no
one from the public who wished to give testimony on this item, the public hearing was
closed.
Mr. Bernard moved to approve Resolution No. 38 -08, seconded by Mr.
Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer — Yes; Vice
Mayor McDuffie — Yes; Mr. Bernard — Yes; Mr. Eliopoulos — Yes. Said motion passed
with a 4 to 0 vote.
10.H. DEVELOPMENT AGREEMENT/VISTA DEL MAR, L.L.C.:
Consider a development agreement with Vista Del Mar, L.L.C. and associated Class V
Site Plan for the property located at 64 South Ocean Boulevard. (Quasi- Judicial
Hearing)
Commissioner Eliopoulos declared a conflict of interest and stepped down
from the dais.
Mr. Fetzer moved to postpone the Development Agreement with Vista Del
Mar, L.L.C. to October 7, 2008 at 7:00 p.m., seconded by Mr. Bernard. Upon roll call
the Commission voted as follows: Vice Mayor McDuffie — Yes; Mr. Bernard — Yes; Mr.
Fetzer — Yes. Said motion passed with a 3 to 0 vote.
10.I. ORDINANCE NO. 09 -08 (SECOND READING /SECOND PUBLIC
HEARING): City initiated amendments to the Land Development Regulations (LDR)
amending Article 4.5, "Overlay and Environmental Management Districts ", Section
4.5.1, "Historic Preservation Sites and Districts ", enacting a new Subsection 4.5.1(1),
"Criteria for Change of Historic Designation and/or Classification ", and a new
Subsection 4.5.1(0), "Procedures for Change of Historic Designation and/or
Classification ", in order to provide criteria and a method for a change of historic
designation and/or classification.
The caption of Ordinance No. 09 -08 (Alternate No. 6) is as follows:
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09/16/08
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS BY AMENDING
ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL
MANAGEMENT DISTRICTS ", SECTION 4.5.1, `HISTORIC
PRESERVATION SITES AND DISTRICTS ", BY
ENACTING A NEW SUBSECTION 4.5.1(N), "CRITERIA
FOR REDEFINING BOUNDARIES OF HISTORIC
DISTRICTS ", AND A NEW SUBSECTION 4.5.1(0),
"PROCEDURES FOR REDEFINING BOUNDARIES OF
HISTORIC DISTRICTS ", IN ORDER TO PROVIDE
CRITERIA AND A METHOD FOR INCREASING AND /OR
REDUCING HISTORIC DISTRICT BOUNDARIES;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 09 -08 (Alternate No. 6) is on file in
the City Clerk's office.)
The caption of Ordinance No. 09 -08 (Alternate No. 7) is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS BY AMENDING
ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL
MANAGEMENT DISTRICTS ", SECTION 4.5.1, `HISTORIC
PRESERVATION SITES AND DISTRICTS ", BY
ENACTING A NEW SUBSECTION 4.5.1(N), "CRITERIA
FOR CHANGE OF HISTORIC DESIGNATION AND /OR
CLASSIFICATION ", AND A NEW SUBSECTION 4.5.1(0),
"PROCEDURES FOR CHANGE OF HISTORIC
DESIGNATION AND /OR CLASSIFICATION ", IN ORDER
TO PROVIDE CRITERIA AND A METHOD FOR A
CHANGE OF HISTORIC DESIGNATION AND /OR
CLASSIFICATION; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 09 -08 (Alternate No. 7) is on file in
the City Clerk's office.)
The City Attorney read the caption of the ordinance. The public hearing
was held having been legally advertised in compliance with the laws of the State of
Florida and the Charter of the City of Delray Beach, Florida.
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09/16/08
Commissioner Eliopoulos declared a conflict of interest and stepped down
from the dais.
Paul Dorling, Director of Planning and Zoning, stated these two
ordinances provide criteria and a method for removal from or expansion of a historic
district as well as a procedure for reclassification of contributing or non - contributing
properties within a historic district. Mr. Dorling stated this came from a concern raised
by some City residents in the vicinity of the Marina Historic District (in particular the
300 block) who expressed concern that their historic integrity had been significantly
impacted and they wanted to entertain removal from the district. He stated the
Commission opted to provide for that option through an ordinance and that has gone
through the review process. The last consideration by the City Commission was at 'a
Workshop Meeting of July 8, 2008 where both Versions 4 and 5 were reviewed. At that
time, the City Commission directed staff to take these versions back for review and
recommendations by each of the advisory boards. Mr. Dorling stated Version 4 refers to
the process as "Redefining Boundaries of Historic Districts ", while Version 5 refers to
"Criteria for Removal from or Expansion of a Historic District." In addition, Version 5
includes an additional process termed "Criteria for Change of Historic Classification"
which allows reclassification either from a contributing structure to a non - contributing
structure or a non - contributing structure to a contributing structure based upon a period of
significance.
At its meeting of August 6, 2008, the Historic Preservation Board
considered the subject amendments and the Board recommended approval of Version 5;
at its meeting of August 6, 2008, the Pineapple Grove Main Street (PGMS) Committee
considered the subject amendments and recommended approval of Version 5; at its
meeting of August 11, 2008, the Downtown Development Authority (DDA) considered
the subject amendments and recommended approval of Version 5; at its meeting of
August 13, 2008, the West Atlantic Redevelopment Coalition (WARC) considered the
subject amendments and recommended approval of Version 5; at its meeting of August
14, 2008, the Community Redevelopment Agency (CRA) considered the subject
amendments at their August 14, 2008 meeting and recommended approval of Version 5;
at its meeting of August 18, 2008, the Planning and Zoning Board considered the subject
amendments and recommended approval of Version 5. Staff supports Version 5 and
believes that it is more comprehensive than Version 4 and it is appropriate for all
districts.
Vice Mayor McDuffie declared the public hearing open. There being no
one from the public who wished to address the Commission regarding Ordinance No. 09-
08, the public hearing was closed.
Mr. Fetzer moved to adopt Ordinance No. 09 -08 (Version 5) on Second
and FINAL Reading, seconded by Mr. Bernard. Upon roll call the Commission voted as
follows: Mr. Bernard — Yes; Mr. Fetzer — Yes; Vice Mayor McDuffie — Yes. Said
motion passed with a 3 to 0 vote.
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09/16/08
Mr. Bernard moved to approve Ordinance No. 09 -08 (Version 4),
seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer —
No; Vice Mayor McDuffe — No; Mr. Bernard — No. Said motion was DENIED with a 3
to 0 vote.
At this point, Commissioner Eliopoulos returned to the dais.
10.J. ORDINANCE NO. 30 -08 (SECOND READING /SECOND PUBLIC
HEARING): City initiated amendments to the Land Development Regulations (LDR)
Section 2.2.6, "The Historic Preservation Board ", Subsection (D), "Duties, Powers, and
Responsibilities ", to provide consistency with the requirements listed in other sections in
the Land Development Regulations, Amending Section 4.5.1, "Historic Preservation
Sites and Districts" Subsection (D), "Review and Approval Procedures ", (E),
"Development Standards ", (F), "Restrictions on Demolitions ", (H), "Undue Economic
Hardship" and (I), "Historic Preservation Board to Act on Site Plans, Landscape Plans,
and Architectural Elevations ", to require that relocation of a structure not occur until a
building permit has been issued for the associated Redevelopment Plans.
The caption of Ordinance No. 30 -08 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING SECTION
2.2.6, "THE HISTORIC PRESERVATION BOARD ",
SUBSECTION (D), "DUTIES, POWERS, AND
RESPONSIBILITIES ", TO PROVIDE CONSISTENCY
WITH THE REQUIREMENTS LISTED IN OTHER
SECTIONS IN THE LDRS, AMENDING SECTION 4.5.1,
"HISTORIC PRESERVATION SITES AND DISTRICTS"
SUBSECTION (D), "REVIEW AND APPROVAL
PROCEDURES ", (E), "DEVELOPMENT STANDARDS ",
(F), "RESTRICTIONS ON DEMOLITIONS ", (H), "UNDUE
ECONOMIC HARDSHIP" AND (I), "HISTORIC
PRESERVATION BOARD TO ACT ON SITE PLANS,
LANDSCAPE PLANS, AND ARCHITECTURAL
ELEVATIONS ", TO REQUIRE THAT RELOCATION OF A
STRUCTURE NOT' OCCUR UNTIL THE BUILDING
PERMIT FOR THE REDEVELOPMENT PLANS HAVE
BEEN ISSUED; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 30 -08 is on file in the City Clerk's
office.)
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09/16/08
The City Attorney read the caption of the ordinance. The public hearing
was held having been legally advertised in compliance with the laws of the State of
Florida and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this ordinance is to
provide consistency with requirements listed in other sections of the LDRs more
particularly LDR Section 4.5.1(D), 4.5.1(E), 4.5.1(F), 4.5.1(H), and 4.5.1(I) and it
requires the relocation of a structure not occur until a building permit has been issued for
the associated redevelopment plans. This would apply similar regulations to both
relocations and demolitions.
At its meeting of August 6, 2008, the Historic Preservation Board (HPB)
considered the subject amendments and recommended approval; at its meeting of August
6, 2008, the Pineapple Grove Main Street (PGMS) Committee considered the subject
amendments and recommended approval; at its meeting of August 11, 2008, the
Downtown Development Authority (DDA) considered the subject amendments and
recommended approval; at its meeting of August 13, 2008, the West Atlantic
Redevelopment Coalition (WARC) considered the subject amendments and
recommended approval; at its meeting of August 18, 2008, the Planning and Zoning
Board considered the subject amendments and recommended approval. Staff
recommends approval.
Vice Mayor McDuffie declared the public hearing open. There being no
one from the public who wished to address the Commission regarding Ordinance No. 30-
08, the public hearing was closed.
Mr. Eliopoulos moved to adopt Ordinance No. 30 -08 on Second and
FINAL Reading, seconded by Mr. Bernard. Upon roll call the Commission voted as
follows: Mr. Fetzer — Yes; Vice Mayor McDuffie — Yes; Mr. Bernard — Yes; Mr.
Eliopoulos — Yes. Said motion passed with a 4 to 0 vote.
10.K. ORDINANCE NO. 35 -08 (SECOND READING /SECOND PUBLIC
HEARING): City initiated amendment to the Land Development Regulations (LDR)
amending Section 4.6.19(D), "Preservation and Promotion of Existing Plant
Communities "; amending Section 4.6.19(E), "Tree Removal and Land Clearing Permits ",
amending Appendix "A ", "Definitions ", to clarify the regulations governing the "Tree
Trust Fund ".
The caption of Ordinance No. 35 -08 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES,
BY AMENDING SECTION 4.6.19(D),
"PRESERVATION AND PROMOTION OF
EXISTING PLANT COMMUNITIES"; AMENDING
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09/ 16/08
SECTION 4.6.19(E), "TREE REMOVAL AND LAND
CLEARING PERMITS ", AMENDING APPENDIX
"A ", . "DEFINITIONS ", TO CLARIFY THE
REGULATIONS GOVERNING THE TREE TRUST
FUND; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 35 -08 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. The public hearing
was held having been legally advertised in compliance with the laws of the State of
Florida and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this is to clarify
regulations governing the Tree Trust Fund. The existing Tree Ordinance includes
mitigation provisions for tree removal for cases both with and without permits. The
method to determine the penalty is specified in the Tree Ordinance while reference must
currently be made to the definition of Tree Trust Fund to find the penalty amount.
At its meeting of July 21, 2008, the Board unanimously recommended
approval with a 4 to 0 vote.
Vice Mayor McDuffie declared the public hearing open. There being no
one from the public who wished to address the Commission regarding Ordinance No. 35-
08, the public hearing was closed.
Mr. Fetzer moved to adopt Ordinance No. 35 -08 on Second and FINAL
Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows:
Vice Mayor McDuffie — Yes; Mr. Bernard — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer —
Yes. Said motion passed with a 4 to 0 vote.
10.L. ORDINANCE NO. 38 -08 (SECOND READING /SECOND PUBLIC
HEARING): City initiated amendments to the Land Development Regulations (LDR)
for Section 2.4.3, "Submission Requirements ", Subsection (K) "Fees" to provide fees for
extension requests; Section 2.4.4 "General Procedures Pertaining to Approval of Land
Use and Development Applications ", Subsections (D), `Establishment of Project
Approvals ", (E), "Expiration of Approvals ", and (F), "Extensions ", to provide for the
expiration and extension of time for Class I -V Site Plan Modifications and Certificates of
Appropriateness. (THE CAPTION FOR THIS ORDINANCE WAS CHANGED
AFTER FIRST READING TO ADD A REFERENCE TO "EXPIRATION AND
EXTENSION OF TIME FOR CLASS I - V SITE PLANS').
The caption of Ordinance No. 38 -08 is as follows:
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09/16/08
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 2.4.3,
"SUBMISSION REQUIREMENTS ", SUBSECTION (K),
"FEES ", IN ORDER TO PROVIDE FEES FOR
EXTENSION REQUESTS; AMENDING SECTION 2.4.4,
"GENERAL PROCEDURES PERTAINING TO
APPROVAL OF LAND USE AND DEVELOPMENT
APPLICATIONS ", SUBSECTIONS (D),
"ESTABLISHMENT OF PROJECT APPROVALS ", (E),
"EXPIRATION OF APPROVALS ", AND (F),
"EXTENSIONS ", TO PROVIDE FOR THE
EXPIRATION AND EXTENSION OF TIME FOR
CLASS I - V SITE PLAN MODIFICATIONS AND
CERTIFICATE OF APPROPRIATENESS; PROVIDING
A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 38 -08 is on file in the City Clerk's
office.)
The-City Attorney read the caption of the ordinance. The public hearing
was held 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 provides for the
extension of approved development applications and the associated extension request
fees, clarifies the approval periods for Class I -V site development plans as well as site
plan modifications and conditional uses and it also establishes an approval period for
Certificates of Appropriateness. Mr. Dorling stated currently Certificates of
Appropriateness and site plan modifications do not have a stipulated expiration date. He
stated along with those expiration dates it also establishes a fee schedule for all extension
requests which is similar to other fee categories and is approximately half the initial
application fee.
At its meeting of August 18, 2008, the Planning and Zoning Board
considered this and recommended approval with a 4 to 0 vote. At first reading on
September 3, 2008, the City Commission passed Ordinance No. 38 -08. The caption of
the ordinance was modified slightly after first reading to add a reference to expiration and
extension of time for Class I -V site plan modifications.
Vice Mayor McDuffie declared the public hearing open. There being no
one from the public who wished to address the Commission regarding Ordinance No. 38-
08, the public hearing was closed. 1
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09/16/08
Mr. Bernard moved to adopt Ordinance No. 38 -08 on Second and FINAL
Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows:
Mr. Bernard — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Vice Mayor McDuffie —
Yes. Said motion passed with a 4 to 0 vote.
At this point, the time being 9:09 p.m. the City Commission moved to
Item 13, Comments and Inquiries on Non - Agenda Items from the City Manager,
City Attorney and the City Commission.
LA. City Manager
The City Manager stated with regard to the Hilltopper Stadium the City
fowled up by scheduling the Ribbon Cutting Ceremony on the day the Delray Rocks had
a home game. The vision for the soccer complex always envisioned four full sized fields
which mean that the Hilltopper Field has to be part of the whole complex and that has
always been envisioned as a multi -use field. The City Manager stated in the second
version the City received from the School District for the middle school they were doing
away with the field entirely. The City Manager stated the City brought it to the Palm
Beach County School District's attention that the City's agreement with them in
connection with relocating Atlantic High School requires that this Hilltopper field remain
available for the City to use. The City Manager stated the City envisions managing it as
one complete site although that part of it the School Board will have first rights on and
the City will have to avoid conflicts. The City Manager stated based on the City's
experience with the School District in the past this should not be a problem. However,
from the City's perspective, the City Manager stated the Palm Beach County School
District has a terrible record of maintenance of their facilities. Therefore, the City
Manager stated in many cases the City has undertaken that and he is sure we will do that
for this facility as well. The Parks and Recreation Department did make an effort to
communicate with parents but apparently did not get to the right people. The City
Manager stated he received an email from Linda Karch, Director of Parks and Recreation
dated September 12, 2008 where she states "I've met and spoken to some of the parents
who are concerned including Angela Randolph, a member of the newly formed Booster
Club and Josh Smith. I explained that the City has always been committed to affording a
home field for the Delray Rocks and we negotiated with the School District to continue.
I told them about the new layout that is planned whereby the football field will be moved
in conjunction with building a softball and baseball field and did not commit to any
timeframe since we have to depend on the School Board's plans. I also explained that we
are looking into replacing the existing bleachers with either City funds or possible grant
money but that will not be determined until after this season ends. I also stated that we
will work with the schools and the parents to ensure that we have a good playable field
next season."
U.B. City Attorney
The City Attorney stated their Zion Study Circle met at the Delray Beach
Library because they have an ongoing map project. She stated they received some funds
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09/16/08
from Anti- Defamation League (ADL) and noted that there are going to be several logos
attached. For example, the City Attorney stated the library, Spady Museum, and the
Delray Beach Historical Society would like their logos attached. The City Attorney
stated the Zion Study Circle would also like to have the City's logo attached as well.
13.C. City Commission
13.C.1. Mr. Fetzer
Mr. Fetzer stated there has been a communication problem that the
Commission has had with the Hilltopper Stadium issue. He feels it is very important that
we figure out who the key stakeholders are and make sure that we are targeting that
communication to them and not only be proactive with the School Board but make sure
that they have a big picture of what we are doing and know the facts. Mr. Fetzer stated
he would appreciate City staff giving the City Commission some advice on the most
effective way to do that communication.
The City Manager stated going through the coaches is the best way to
communicate.
13.C.2. Mr. Eliopoulos
Mr. Eliopoulos concurs with comments expressed by Commissioner
Fetzer regarding Hilltopper Stadium.
Secondly, he stated he attended the Community Redevelopment Agency
(CRA) meeting the other night and there was a lot of discussion and concerns with
Auburn Trace and their first project that already got approved (The Villages). Mr.
Eliopoulos stated Charles Jeroloman from the Police Department gave a presentation
regarding Crime Prevention Through Environmental Design (CPTED). Mr. Eliopoulos
stated the developer went through the procedures but it is probably more on the City's
end.. He suggested that the City better communicate with the different divisions and get
the Police more involved and there was a big concern that the Police felt they did not get
an opportunity. Mr. Eliopoulos stated he would like to see this not happen again and
noted that the developer did have a representative there and they did speak and said to the
best of their ability they would try and address some of the things. Mr. Eliopoulos
suggested that the applicant gets a clear list of what has actually been approved and
disapproved. Mr. Eliopoulos stated this developer never heard back from the Police and
assumed everything was okay. He stated he wants to make sure that this does not happen
again and it sounds like the developer is trying to do the best they can within their power
to accommodate some of the concerns of the Police Department.
Lastly, Mr. Eliopoulos commented about the Ribbon Cutting Ceremony
for the soccer complex. He stated he sympathizes with the Delray Rocks and understands
that they want to feel like they have a home and that the City is behind them. Mr.
Eliopoulos stated he believes the City is behind them but this was a lack of
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09/ 16/08
communication. He stated hopefully we can get back on track and agreed that the City
should communicate with the coaches and see how we can get the word out.
13.C.3. Mr. Bernard
Mr. Bernard thanked the City Manager and staff in terms of being able to
pass the budget today and lowering the millage rate to the best way that we can. He
requested that the City do a study to see how effective the four day work week would be
in the future and if the City will be saving any money from going from a five day work
week to a four day work week.
Secondly, he suggested that the City hold a Workshop Meeting to discuss
some of the issues regarding the Hilltopper Stadium and the Delray Rocks for next
season. Mr. Bernard stated this way the stakeholders can attend and the City can discuss
exactly what is going to happen for next year once the City has meetings with the School
Board.
Mr. Bernard stated he will be traveling to Haiti along with nurses, doctors
and volunteers. He stated they have been able to gather a group of people who have
made an effort to help some of the people who have been affected by the hurricanes that
hit Haiti. Mr. Bernard stated four hurricanes hit Haiti (Hurricane Fay, Hurricane Gustav,
Hurricane Hanna and Hurricane Ike) and they are requesting support from the City and
prayers. Mr. Bernard stated anyone who can donate medical supplies would be helpful
because when they arrive in Haiti they will be working at a clinic and the following day
they will be working at another clinic. Mr. Bernard stated he hopes to get the City's
support in achieving their goal. Mr. Bernard stated they are working with Toussaint L'
Ouverture, the School Board, the County Commission, the Port Authority, and some
other organizations. Mr. Bernard stated the Port Authority had a container that as soon as
it gets filled up they will send it to Haiti. He stated they are looking to send food such as
beans and rice, etc. and they have cleared some of the red tape with customs and had a
meeting with the Port Authority today. Mr. Bernard thanked the Police Department for
the drives they are holding. He stated people are dropping off goods at the Police
Department and Atlantic High School and all the foods and goods they receive will be
sent to Toussaint L' Ouverture and in turn will be sent to the Port Authority. Mr.
Bernard stated a package is $400.00 and it has a number of things in it. He suggested that
the City purchase one package (he will email the rest of the Commission the information)
and he can take the package with him when he goes there. Mr. Bernard stated the
package will have everything in it in terms of what they will need when they get to the
clinics in Haiti.
13.C.4. Vice Mayor McDuffie
Vice Mayor McDuffie stated there is a representative from the media here
this evening and he is certain that he would be very interested in humanitarian aid and
putting this in his newspaper. He stated it would be very nice if this got published so that
Commissioner Bernard would have more than enough supplies to take to Haiti.
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09/16/08
Secondly, Vice Mayor McDuffie stated the 9 -11 Ceremony was wonderful
and incredibly well attended. He stated the City employees helped a lot and the Police
and Fire were well represented as were agencies from other areas. Vice Mayor McDuffie
stated it was a tremendous success and Senator Atwater gave a wonderful speech. He
stated the City of Delray Beach was the first municipality to host it and noted the Old
School Square staff was tremendous.
Vice Mayor McDuffie commented about the Soccer Dedication Ceremony
and stated it was a great day. He stated there were some very thankful and happy people
there. Vice Mayor McDuffie stated the soccer complex provides an incredible contrast to
the facility immediately adjacent to it which is Hilltopper Stadium which needs an
incredible amount of work. He stated he spoke to several of the coaches as well as
Bennie Leonard. Vice Mayor McDuffie stated it is not just the community that has a
misunderstanding of this but Commissioner Greene's aid Gladys called him asking what
the City of Delray Beach was going to do about Hilltopper Stadium. He stated
Commissioner Greene nor her aide realized that the City of Delray Beach did not own
that stadium; however, they do understand that now. Vice Mayor McDuffie asked
Commissioner Greene's office if they can help the City of Delray Beach with the School
Board. Vice Mayor McDuffie stated hopefully the City of Delray Beach will also get
some help from the County Commission in making this a safe and appealing place for the
kids to play.
There being no further business, Vice Mayor McDuffie declared the
meeting adjourned at 9:09 p.m.
ATTEST:
VICE MAYOR
City Clerk
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on September 16, 2008, which Minutes were formally approved and adopted by the City
Commission on October 7, 2008s
City Clerk f
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09/ 16/08
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
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09/16/08
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR 338 NE 1st AVENUE PROPERTY
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. The action requested is a waiver, for the north elevation of the property,
from the LDR section that requires a portion of each side fagade, which is greater than
one story high, be setback a minimum of 5 additional feet from the side setback line.
This item has come before the City Commission on September 16, 2008.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request from the property
owner of 338 NE 1St Avenue. All .of the evidence is a part of the record in this case.
Required findings are made in accordance with Subsection I.
1. WAIVER:
LDR Section 4.5.1(E)(8)6)(2) requires that for buildings deeper than fifty percent (50 %)
of the lot depth, a portion of each side fagade, which is greater than one story high,
,must be setback a minimum of five (5) additional feet from the side setback line.
Pursuant to LDR Section 4.5.1(E)(8)0)(2)(a), at least thirty feet, six inches (30'6 ") is
required to be set back an additional five feet (6) on each side elevation. The applicant
has requested a waiver from this section for the north elevation of the property.
Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body
shall make a finding that the granting of the waiver.
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver would
be granted under similar circumstances on other property for another applicant
or owner.
Does the waiver request to Section 4.5.1(E)(8)0)(2), for 5' additional setback for a
length of 30'6" along the north elevation, meet all the requirements of 2.4.7(6)(5)?
Yes 4 No 0
1
Y� q..A
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original development application was
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
4. - The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves X
denies the waiver request to LDR Section 4.5.1(E)(8)0)(2).
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 16th day of September, 2008,_y a vote of,_ 4 �favor and 0
opposed.
ATTEST: `\ Nelson McDuffie,
Chevelle Nubin, City Clerk
2
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MLUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
NAME AF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
:Il nn,. Ari C, V-,�) \ 1 r % - - t ` - -
AAIUNG ADDRtSS THE BOARD, OUNCIL•COMMISSION. AUTHORITY OR COMMITTEE ON
CH I SERVE IS A UNIT OF:
yITM _(\'� C NTY CI Y O COUNTY O OTHER LOCAL AGENCY
` Cry E POLITICAL AUS SI N:
DATE ON WHI OTE OCCURRED
� Q
Y MY POSITION S:
p�,uV ELECTIVE 0 APPOINT NE
WHO MUST FILE FORM 813
This form. is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commisson, authority, or committee. It applies equally to members of advisory and non- advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay dose attention to the instructions on this form before
completing the reverse side and filing the form.
IN FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or- other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly yoting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
iarent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
.'61357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law,
mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT.TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
AKEN:
You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 88 - EFF. 1/2000
PAGE 1
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
s
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the fomt..a'nd file it within 15 days after the vote occurs with the`person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
1, S hereby disclose that on L 20 5.L�
(a) A measure came or will come before my agency which (check one)
_ inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative,
inured to the special gain or loss of
whom I am retained; or
inured to the.specia[gaiKor lossof .
is the parent organization or subsidiary of a principal which has retained me.
(b) The'measure before my agency and the nature of my conflicting interest in the measure is as follows:
C�\X\V\
Date Filed
by
which
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 1/2000 PAGE 2
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
L
r TOARp,^COUNCIL. COMMISSION, AUTHORITY, OR COMMITTEE
HUNG
L
DATE ON
THE BOARD, OOUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
WIPCH I SERVE IS A UNIT OF:
E OF POUTICV SI
MY POSITION IS:
V ELECTIVE
WHO MUST FILE FORM 813
❑ OTHER LOCAL AGENCY
O APPOINTIVE
This form is for use by any person serving at the county, city, or other local level of government on an .appointed. or elected board,--council,
commission, authority, or committee. It applies. equally to members of advisory and non - advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, oP other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
ure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
anent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law,
mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you Or at your direction.
YOU INTEND. TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
4KEN:
• You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 86 - EFF. 1/2000 PAGE 1
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the .form 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 complete the form aitd file =it within 15 days after the vote occurs with the person responsible for recordirig .the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the. other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
hereby disclose that on 20:
—_T
(a) A measure came or will come before my agency which (check one)
_ inured to my special private gain or loss;
inured.to.tfie special gain or loss of.my business associate,
inured to the special gain or loss of my relative,
inured to the special gain or loss of by
whom I am retained; or
inured to the special gain or loss of which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
Date Filed
r
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 813 - EFF. 112000 PAGE 2