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12-02-08 Minutes RegDECEMBER 2, 2008 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayar Rita Ellis in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, December 2, 2008. 1. Roll call showed: Present - Commissioner Gary P, Eliopoulos Cammissianer Fred B. Fetzer Cammissianer Woodie B. McDuffie Cammissianer Mackenson Bernard Mayor Rita Ellis Absent - Kane 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 Layperson Jim Adams with Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. The City Attorney stated there is a request to postpone Item 9.E., AppeaUSite Plan Review and Appearance Board ActionsBoston's Restaurant, to January 6, 2009; and Item 10.A., Development A~reementlVista Del Mar, L,L.C. (First Public Hearin), to a date and time certain of January 6, 2009 at 7;00 p.m. Mr. McDuffie moved to approve the Agenda as amended, seconded by Mr. Eliopoulos. Upon roll call the Commission voted. as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a S to 0 vote. S, APPROVAL OF MINUTES; Mr. Eliopoulos moved to approve the Minutes of the Regular Meeting of November 18, 2008, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayar Ellis -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 12/02!08 6. PR4CLAMATIUNS: 6.A. None 7. PFtESENTATIt}1~15. 7.A. "Spotlight on Education" -Lena Wallace, Principal, Carver Middle School Lena Wallace, Principal of Carver Middle School, stated this is the only secondary "A" rated school in the City of Delray Beach and she is very proud of this accomplishment. She stated she had a vision that when she came to Carver Middle School she wanted to develop a learning community where teachers collaborated and looked at change and instructional practices to help kids improve their academic performance. Ms. Wallace stated she feels this has been accomplished by moving the school from a "C" rated school to an "A" rated school last year. She stated this year they have an even greater vision to make sure they make AYP {Adequate Yearly Progress} standards, Ms. Wallace stated .she could not have done this without the help of Janet Meeks, Education Coordinator, Debbie Kaiser, and the City of Delray Beach. Ms. Wallace stated many of the students arrive to the school at '7;40 a,m, because many parents have to be to work, however, the teachers are contracted to be at school at 8;45 a.rn. She stated Janet Meeks, Debbie Kaiser, and the City of Delray Beach with the Jardin Foundation discussed what needed to be done on the campus. Ms, Wallace stated they developed a sports program in the morning which services between 154-244 children every morning. They do academics, sports, jewelry, arts & crafts, and then they go right into their academics where they have tutorial. Ms. Wallace stated the City of Delray Beach has helped her with the Summer Literacy Program that has been instrumental with helping her students do well on the standardized tests. Ms. Wallace stated in the next couple of years she is looking to make the entire school an IB {International Baccalaureate} school and not just offer an IB program so that the children can become global thinkers so that they can compete globally. She stated Carver is engaging in bringing in new technologies far the students to make sure that they have the top technology programs in the district. Ms. Wallace stated Carver offers a dance program, sports, and academics. She stated next year they are looking at doing some virtual schooling so that the children can take Chinese and Mandarin via the computers. Ms. Wallace stated they are also looking at a program far students that have failed grades over and over where they will be able to do credit recovery via the Internet and the computers. She thanked the City of Delray Beach for their commitment to the children and for putting time, energy, and money where it counts. Mayor Ellis stated the City is so proud of Carver Middle School and everything that Ms. Wallace has accomplished. -2- 12102/08 $. CONSENT AGENDA: City Manager Recommends Approval. B.A. HOLD HARMLESS AGREEMENT/708 S.E. 3rd STREET: Approve and authorize execution of a Hold Harmless Agreement between the City and W. Malone Schooley for the installation of a circular paver driveway in the public right-of--way. The property is located at 708 S.E. 3rd Street. B.B. CONTRACT CLOSEOUT (C.O. NO. 3/FINAL)iWEST CONSTRUCTION. INC./MANGROVE PARK: Approve Contract Closeout {Change Order No. 3tFinal) in the deduct amount of $116,833.17 and final payment in the amount of $139,433.87 to Vilest Construction, Inc. for the completion of Mangrove Park. Funding is available from 334-4174-572-63.94 {General Construction FundJlntracoastal ParklOther Improvements}. B.C. TEI~:MINATION OF AGREEMENT/CHILDREN'S SERVICES COUNCIL: Approve termination of the agreement with the Children's Services Council far funding our After School Program; and accept a final 25% reimbursement funding from Children's Services Council for the first quarter, October 1, 2008 through December 31, 2008, in the amount of $74,$54.00. B.D, AMENDMENT NO. 1 TO THE DISASTER RECOVERY INITIATIVE AGFtEEMENT/PALM BEACH COUNTY: Approve r~,mendment No. 1 to the agreement between the City and Palm Beach County for Disaster Recovery Initiative {DRI} funding to extend the deadline to August 1 S, 2009 for completion of housing rehabilitation projects for income-eligible residents who suffered damages from Hurricane Wilma and allow for salary reimbursement. B.E. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards far the period November 17, 2008 through November 26, 2008. B.F. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Crosshatch Technologies in the amount of $30,532.76 for the purchase of a Live Scan finger print system for the Police Department. Funding is available from 334-2111-521- 66.10 {General Construction FundlBookslPublications/Software}. 2. Purchase award to Devland Site Development, Inc. in the amount of 5219,000.00 for sludge removal and disposal. Funding is available from 441-5122-536-34.90 {Water and Sewer ServiceslOther Contractual Services}. -3- 12/02/0 $ 3. Purchase award to DGG Taser in the amount of $23,405.20 for the purchase of twenty-five (25} tasers and related parts for the Police Department. Funding is available fram 001-2111-521-52,27 (General Fund/Qperating SupplieslEquipment x$1,000) and 115- 2112-521-64.90 (Special Projects Fund(Machinery/Equipment/Other Machinery/Equipment). 4. Purchase award to Pramium, LLC in the amount of $ 24,860.00 purchase of a Laboratory Information Management System (LIMB} for the Environmental Services Compliance Laboratory at the Water Treatment Plant. Funding is available from 441-5161- 536-66.10 (Water and Sewer FundfBookstPublicationslSoftware). Mr. Bernard moved to approve the Consent Agenda, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA; 9.A. SERVICE AUTHORIZATION NO. 07-011MOCK, RODS & ASSOCIATES: Consider approval of Service Authorization Na. 07-01 to Mock, Roos & Associates in the amount of $72,090.00 for design of the Intracoastal Waterway Educational Passive Park. Funding is available from 119-4151-572-68.35 (Beautification Trust Fund/C}ther Improvements/Intracoastal Waterway Educational Passive Park). Richard Hasko, Director of Environmental Services, stated this is a proposal fram Mack, Roos & Associates far consulting fees far the design of aesthetic improvements along the Intracoastal waterway Atlantic Avenue Bridge on the east side. He stated this was a project that was developed and forwarded to the City far consideration a couple of years ago by some downtown people, the Chamber of Commerce and the Downtown Development Authority (DDA). Mr. Hasko stated this year the City has $208,000.00 in the Capital Budget and noted that the Parks and Recreation Department is going to submit far a F.I.N.D. Grant to help supplement this project. However, in order to do that one of the requirements far that submittal is a Memorandum of Understanding for maintenance from FDOT (Florida Department of Transportation} and in order to get that fram FDOT the City would have to make a 100°l0 plan submittal. Mr. Hasko stated the. proposal is for approximately $72,000.00 to prepare those plans and construction documents for submittal to FDC}T for that work. Mr. Fetzer stated this was the plan that the Commission saw that was just an the east side of the Intracoastal on Atlantic Avenue on the north and south side: He stated there was a little bit of controversy about the north side that was being accepted by the residents and asked where the City stands on this. Mr. Hasko stated most of the improvements are on the south side (the docks connecting to the shopping area). He stated with the exception of one walkway area, going down to the shore on the north side is primarily landscaping. -4- 12102108 The City Manager stated the City certainly wants to involve those people in the further development of the plans and what the City gat from the hearing was conceptual. He stated they had particular concerns about having public access to the area. Mr. Bernard stated on April 8, 2448, it appears that they were going to charge the City $95,404.40 and he inquired about the difference in the pricing because it is now $72,400.00. Mr, Hasko stated that was the original proposal from Mack, Roos & Associates and it included some additional services relative to permitting, bidding, and negotiation, He stated staff went back and spoke to the City Manager and realized that they really did not did need those services at this stage but all they really needed to do to pursue the grant and get the FDQT work was the actual 104°!o design plans. Mr. Eliopoulos stated the timing is wrong and the value that we are placing on this could be put to better use down the road in other areas where it is mare visible. Mr. Bernard concurs with comments expressed by Mr. Eliopoulos regarding the timing on this project. Mr. Fetzer also concurred with Mr. Eliopoulos and Mr. Bernard regarding the timing of this project. Mr. Eliopoulos moved to approve the Service Authorization No, 47- 41JMock, Roos & Associates, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Ellis - No; Mr. Eliopoulos - No; Mr. Fetzer - No; Mr. McDuffie -Yes; Mr. Bernard - No. Said motion to approve was DENIED with a 4 to l vote, Commissioner McDufhe dissenting. 9.B. DEL IDA PAFtI~1LANDSCAPING ARTIST IN RESIDENCY PRC}JECT: Consider approval of an agreement with Lois Brezinski in the amount of $40,400.04 for the "Landscaping Artist in Residency Project" at Del Ida Community Park. Funding is available from 115-1702-579.63-94 (Special Projects FundlCapital Qutlay/Other Improvements}. Richard Hasko, Director of Environmental Services, stated this item is the recommendation and selection through a "Call to Artists" process through the Public Art Advisory Board. Mr. Hasko stated the total price for this is $40,004.40 and will be funded through the Public Arts Advisory Board. Mr. Eliopoulos asked if the Commission will have to name these pieces. Mr. Hasko stated there will be no naming of these pieces. Mr. Fetzer waved to approve the Landscaping Artist in Residency Project and Agreement, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -- Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard - Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. -5- 12/42148 4.C, AFFORDABLE HOUSING ADVISORY COMMITTEE REPORT: Consider approval of the Affordable Housing Advisory Committee (AHAC) Report. Lula Butler, Director of Community Improvement, stated this is the Report established by the appointed Affordable Housing Advisory Committee (AHAC) that the Commission appointed in July 2008. Mrs, Butler stated this was a very positive experience for staff and the people appointed are some really good people that have expertise in these items and staff was able to get through this process in two regular meetings and one public hearing. Mrs. Butler stated there were a couple of recommended changes by the Committee. She stated the City has always had an expedited permit process for infill housing and most of the City's affordable housing has been in the form of single family in-fill. The Committee recommended that the City do an expedited process for affordable subdivision projects defined as ten (10) or more units, She stated the City modeled the process after the expedited bio-tech permit process that they adopted earlier. She stated another recommendation was the incentive to reduce parking in the setbacks for affordable housing and the Committee has recommended that the City allow one of the required two parking spaces to be included within the 25 foot setback. Staff considered all of the incentives (A-J} that was provided through the State and there were approximately five of them where the State recommended changes. Mrs. Butler stated these will be codified within the City's Local Housing Assistance Plan that will come before the Commission for adoption next week. The City Manager commented about the reduction in building permit fees, Mr. Eliopoulos stated this is a great report and he was very impressed with it. He stated he supports everything in the report except for the reduction in permit fees. Mr. Bernard concurs with supporting the Report except for Incentive J. Mr. Eliopoulos moved to approve the Affordable Housing Advisory Committee (AHAC) Report with the exclusion of the fifty percent (50°l0} reduction in building permit fees and that they remain at one hundred percent (100°~0}, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Bllis -- Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9.D. NFL YOUTH FOOTBALL FUND GRASSROOTS PROGRAM GRANTCHILLTOPPER STADIUM: Consider a request to provide matching funds in the amount of $96,184.00 and authorize submitting applications for two (2} grants in an amount up to $50,040.00 each offered by the NFL Youth Football Fund Grassroots Program to replace bleachers, install a new pump for irrigation and re-sod the Hilltapper Stadium at the t)id Atlantic School site. Linda Karch, Director of Parks and Recreation, stated this is a request far the Commission to consider matching funds required for the submittal of a proposal offered by the NFL Youth Football Fund Grassroots Program. _6_ 12102108 This would approve a submittal of the proposal for funding from the NFL Youth Football Fund Grassroots Program for financial assistance to improve the quality, safety and accessibility of local football fields in particular Hilltopper Stadium. Ms. Karch stated there are two levels of funding available. one is for general field support which would include bleachers and an irrigation system and the second one would include the field surface of natural grass. The Parks and Recreation Deparl:ment would like to replace the bleachers, install a new pump for irrigation and re-sod at Hilltopper Stadium. The cost to replace the bleachers with handicap ramps is $57,368.00 and the cost for the new pump including irrigation is $35,000.00. The total project cast is $92,368,00 and half of that cost requires the matching funds of $46,184.00. The cast to re-sod the field is approximately $100,000.00 which means the submittal proposal would be $50,040.00 requiring the City to match these funds. Ms. Karch stated in order to apply for these grants the City will need to approve funding in the amount of $96,184,00 to meet the required match. Mr. Eliopoulos stated he would like to see the City have its own football stadium and not lease in the future. Ms, Karch stated the bleachers would be movable and could be moved to another location if need be. She stated the field would have to be sodded if anyone is going to play on it. The City Manager stated under the agreement the City has with the Palm Beach County School District for relocating the High School the School District is legally obligated to make this field available to the City of Delray Beach forever, The City Manager explained that this is a joint use facility instead of being exclusively the City's facility. Mr. Bernard inquired about the meeting with the Boosters on December 8, 2008. He suggested that the Commission not make a decision on this today and wait until after the meeting next Monday with the Boosters and place this on the Agenda next Tuesday (December 9, 2008}. Ms. Karch stated the grant deadline is December 15, 2008. Mr. Bernard stated he would like to make sure that the Commission speaks with the Boosters and the stakeholders of the Delray Rocks in making sure that they know exactly what the Commission is doing before the Commission commits over $96,000.00. The City Manager stated the commitment is a contingent commitment if the City gets the grant. He stated even if the City receives the grant they can always decline it at that point. Mr. McDuffie stated he met with representatives from the coaches' squad and the second meeting that Commissioner Bernard attended the word did not get out and the attendance was not good. Mr. McDuffie stated he feels this is a great step toward accomplishing many of the things he discussed in his first meeting that he had with the coaches. He recommends that the Commission move forward with this because it puts the City in a great position to receive some matching funds and then still have the meeting and discuss this with all the stakeholders. -~- 12J02J08 Mr. McDuffie moved to approve the NFL Youth Football Fund Grassroots Program Grant for Hilltopper Stadium, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr, McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis - Yes, Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.E. APPEAL/SITE PLAN REVIEW ANTS APPEARANCE BOARD ACTIONS/BOSTON'S RESTAURANT: Consideration of an appeal regarding the Site Plan Review and Appearance Board's approval of a Class V Site Plan for a Hotel located at 64 South Ocean Boulevard, (BECAUSE OF THE Ct?URT'S ORDER DATED JULY 11, 200b, THERE WILL BE N(? PUBLIC' ~'QMMENT QN THIS ITEM). (APPLICANT HAS REQUESTED PQSTPONEMENT TQ JANUARY 6, .2009 REGULAR MEETINQ} Commissioner Eliopoulos declared a conflict of interest on this item. Mr. Bernard stated that this issue has been brought to the Commission and it appears they are going back and forth in terms of negotiating. However, he believes that at some point the Commission is going to have to hear this and set a date which would force the parties to make a decision. Mr, Fetzer concurred with comments expressed by Mr. Bernard and feels some closure needs to be brought to this issue. Commission, .Brief discussion continued between the City Attorney and the City The City Attorney stated Item 9.E. is not actually an advertised item and suggested that this item be deferred until next week so that staff can talk to the parties and confirm a better date. She stated the reason this item has been postponed and staff keeps placing this on the Agenda is because Item 10.A. has been advertised and staff is trying to not incur anymore advertising costs and this is why this keeps getting postponed to a date and time certain. However, there is probably a limit on how many times this item can be postponed. Mayor E11is stated it is to the City's benefit if this gets resolved. The City Attorney stated they have currently asked for January b, 2009 maybe not knowing how strongly the Commission feels about resolving this issue. The City Attorney stated the Commission can either move this to January 6, 2009 ar defer this item until December 9, 2008, Mr. Bernard stated he would like to defer this item until December 9, 2008 this way the parties will know that the Commission would like a firm date and this will force them to either reach an agreement or bring this item before the Commission. -8- 12/02/08 Mr. Bernard moved to defer the AppeallSite Plan Review and Appearance Board ActionsBostonjs Restaurant to December 9, 2008, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor E11is -Yes; Mr. Fetzer -Yes, Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. 11.A. City Manager's response to prior public comments and inquiries. The City Manager had no response to prior public comments and inquiries. 1 L From the Public. 11.8.1. William Lennox, 812 S.E. 3rd Avenue, Delray Beach (Qsceola Park), stated he has been a member of the Task Force to help develop the Plan; however, before the Plan moves forward he would like the Commission to know and to look at some of the major problems that he is finding that he addresses every time he goes to each house in the Osceola Park neighborhood. Mr. Lennox stated the first concern is that there is a major apposition to the paving of the alleys and there are concerns of crime, safety, traffic as well as environmental issues such as the rain runoff and the radiant heat coming off these alleys. He stated the City is going to lay down 3 %a miles of alley with no traffic calming, no speed bumps and no landscaping. Mr. Lennox stated people are worried about their backyards and their quality of life. Secondly, Nlr. Lennox stated there is a parking problem and with the Plan the City is proposing now they will run off 280 parking spaces (5:00 a.m. review}. He stated this is how many cars are parking an the swales nightly. Mr. Lennox stated when the City starts maintaining those swales and putting in sidewalks without addressing parking issues whether it be front ar back or wherever that cultural problem is going to be in the next ten years we are still going to have the same problems that we are having now. Mr. Lennox stated spending thousands of dollars on the Swale issue he finds wasteful if the City has not addressed the parking issue. Mr. Lennox stated the third concern is the cost and noted it is an average of $1,500.00 per property per household. He stated the City notified people that there would probably be a maximum of $2,000.00 per property expense where they misread their own information and it is square footage. Over 37% of the people who received the special assessment are quoted at $2,000.00. Mr. Lennox stated if you are in the business world and da that kind of an estimate based on erroneous information he questioned if the survey far Osceola Park is really valid. Mr. Lennox stated far instance his assessment is actually $~,OOfl.Ofl. He stated most of the Osceola Park residents are concerned over the cast whether they are getting something for it or not and noted that not everyone gets an alley or a sidewalk. ~Mr, Lennox urged the Commission to review the information regarding the Osceola Park Special Assessment. At this point, the time being 6:39 p.m., the Commission adjourned for the Closed Attorney/Client Session. _~_ 12/02108 14. CLOSED ATTORNEYICLIENT SESSION: Pursuant to F.S. 28b.411(8} in the case of Fracik McKinney, et al. v. City of Delray Beach Case No. 502006CAO11114XXXXMC; Village By the Sea, LLC, et al v. City of Delray Beach, Case No. 502003CA10252XX(~CAI; Frank McKinney v. City of Delray Beach, Case No. 502003 CA0414b2~:XCTAY. Attendees; Mayor Rita Ellis Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Woodie McDuffie Commissioner Mackenson Bernard City Manager David T. Harden City Attorney Susan Ruby Assistant City Attorney Terrill Pyburn A certified court reporter Purpose: Discuss settlement negotiations and strategy related to litigation expenditures in the above case. The City Attorney read the following statement into the record: "The City of Delray Beach has scheduled a closed attorneylclient session pursuant to Florida Statutes 2$b.011 (8) in the case of Frank McKinney, et al v. City of Delray Beach Case No. 50204bCA011114XXXXMB; Village By the Sea, LLC, et al v. City of Delray Beach, Case No. 502003CA010252XXOCAI; Frank McKinney v. City of Delray Beach, Case No. 502003CA041 Ob2~:XCTAY. The estimated length of the closed session shall be 30 minutes. The following persons will be attending: Mayor Rita Ellis, Commissioners Gary Eliopoulos, Fred Fetzer, Woodie McDuffie, and Mackenson Bernard, City Manager David T. Harden, City Attorney Susan Ruby, Assistant City Attorney Terrill Pyburn and a certified court reporter." At ?:13 p.rn., the Commission reconvened the meeting. 15. CONSIDERATION OF A SETTLEMENT AGREEMENT: Consideration of a Settlement Agreement subsequent in the cases of Frank McKinney, et al v. City of Delray Beach Case No. of Frank McKinney, et aL v. City of Delray Beach Case No. 50204bCA011110~:XX~S;MB; Village By the Sea, LLC, et al v. City of De1raY Beach, Case No. 542003CA010252XXOCAI; Frank McKinney v, City of Delray Beach, Case No, 502003CAOOl Ob2XXCTAY. The City Attorney stated there is a settlement agreement in the cases she read prior to going into the closed door session in the Frank Mclf inney cases. The settlement agreement is outlined and recommended that the Commission approve the Settlement Agreement subject to the following changes: {1} make sure that the agreement is filed with the court so that it can be enforced with the court and {2} add a paragraph that it would run with the land, filed in the public records, and released when all the conditions are met. -10- 12!02108 Mr. Bernard moved to approve the Settlement Agreement with the conditions that {1) the agreement is filed with the court so that it can be enforced with the court, and {2) add a paragraph that it would run with the land, filed in the public records, and released when all the conditions are met, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes. Said motion passed with a S to 0 vote. At this point, the time being 7:15 p.m. the Commission moved to the duly advertised Public Hearings portion of the Agenda. l0. PUBLIC HEARINGS: 14.A. DEVELOPMENT AGREEMENT/VISTA DEL MAR, L.L.C. (FIRST PUBLIC HEA-RING): Consider a development agreement with Vista Del Mar, L.L.C. and associated Class V Site Flan for the property located at 64 South Ocean Boulevard. APPLICANT .HAS REt?UESTED POSTPONE1trIENT Td JANUARY 6, 2009 REGULAR MEETING) from the dais. Commissioner Eliopoulos declared a conflict of interest and stepped down Mr. Fetzer moved to postpone the Development AgreementfVista Del Mar, L.L.C. to December 9, 2008 at 7:00 p.m., seconded by Mr. McDuffie, Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr, Bernard --Yes; Mayor E11is -Yes. Said motion passed with a 4 to 0 vote. 10.B. AMENDMENT TO THE DEVELOPER'S AGREEMENTJCANNERY ROW, LLC: Consider approval of the amendment to the Cannery Row Developer's Agreement to provide that the park land dedication condition has been satisfied. from the dais. Commissioner Eliopoulos declared a conflict of interest and stepped down The City Attorney stated this is an amendment to the Developer's Agreement far Cannery Raw to satisfy mortgage lenders it basically states that the parkland dedication condition has been satisfied. Mr. McDuffie moved to approve the amendment to the Developer's Agreement/Cannery Row, LLC on Second and F1NAL Reading, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr, Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. At this point, Mayor Ellis reopened the public hearing for anyone that would like to speak on this item. -ll- 12!02108 David Hawke, Code Enfflrcement Board, stated there were some problems with one of the traffic signals on North Seacrest Boulevard and Avocado Drive (where the old Atlantic High School was located}. The signalization was going to a green phase in the cross direction and was having difficulty moving traffic up and down Seacrest Boulevard. He stated he was able to contact the County and he was told by a County Engineer that Suffolk Construction was given actual rights to adjust the sequencing and the timing on that particular signal. Mr. Hawke stated the County noted that they would take a look at the actual traffic signal because of the backing up on. Seacrest Boulevard and they hope to address this issue in the next 24 hours. There being no one, else from the public who wished to address the Commission this item, Mayor Ellis closed the public hearing. 12. FIRST READINGS: A. None 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated the City received from the State the results of their Revenue Estimating Conference and its impact on the City of Delray Beach. He stated the City felt that some of the State's earlier revenue projections were high so we reduced them below what the State was projecting so the impact is not as much as it might have been but it still adds up to $458,000.00 in a revenue decrease below what the City has in the budget, The City Manager expressed concern aver lost interest because the City budgeted $1,25 million in interest earnings and because of concerns with the baciking system the City has taken all of its money out of the banks and put it in T-bills {Treasury Bills}. The City Manager stated in the recent T-bill Auction the last three month T-bill sold.far .04%. The City Manager stated he expects that the City will be well short of the projected interest earnings. The City Manager stated staff will be looking at all of this closely after the first quarter and if necessary the City will institute a hiring freeze again and take steps to hold the City's expenses in line with the revenue. Secondly, the City Manager stated the State took some suggestions that the City had regarding the Neighborhood Stabilization Program and Lula Butler, Director of Community Improvement, informed him that we will get an earmark of ~ l ,E million far Delray Beach for the Neighborhood Stabilization Program. 13.8. City Attorney The City Attorney had no comments ar inquiries on non-agenda items. -12- 12102/0$ 13,0. City Commrssian 13.0.1. Manor Ellis Mayor Ellis stated she issued an email to each Commissioner and a media release to the Press regarding her future plans to not seek re-election. Mayor Ellis read a statement into the record. 13.C.2. Mr, McI}uffie Mr. McDuffie stated he received an inquiry from Cason United Methodist Church as to whether or not the City has a tent 40 x 40 in size or larger that would be available. The City Manager stated the largest tent the City has is about ten feet square. 13.C.3. Mr. Bernard Mr. Bernard stated yesterday he had a conversation with the City Clerk in regards to her meeting with the new Supervisor of Elections in regards to the City getting an early voting site. He stated the City Clerk indicated that she will probably meet with the Supervisor of Elections sometime next week. Mr. Bernard stated if the City is going to be able to have an early voting site and if the Delray Beach Library can accommodate the City in the future in terms of getting an early voting site he would appreciate it. Mr. Fetzer stated he does work for the Library Board and would be happy to help. . 13.0.4. Mr. Fetzer Mr. Fetzer commented about the City Manager's email about the Downtown Master Plan Report and noted he was very impressed with the report. He stated it was a great summary of what the City is trying to do long-term with the downtown area. Mr. Fetzer stated he would like to receive additional updates from time to time and thanked the City Manager and Diane Colonna, Executive Director of the Community Redevelopment Agency (CRA} for the information. The City Manager stated one thing that was briefly mentioned is given where we are and the development of downtown the City may need to update the plan and get some stakeholders involved and see exactly where we want to go in the next five years or so. Secondly, Mr. Fetzer stated his family attended the Thanksgiving Buffet at the Golf Course and it was very nice. -13- 12/02J08 13.0.5. Mr. Eliopoulos Mr. Eliopoulos stated he attended the meeting where the Downtown Master Plan was discussed and agrees there is a great list of items. He stated it really shows where the City has been and where we want to go. Mr. Eliopoulos agreed that within the next year or so the City should look at this because this is a plan that goes 10-20 years out and he feels it is important to keep up with this. Mr, Eliopoulos stated there was a comment made by former Commissioner Levinson at the meeting about the one-way bypass situation, He stated the north side of Atlantic Avenue appears to be going in the right direction and the south side appears to have more complications with it with regards to the intersection at Federal Highway, FPL and the County. Mr. Eliopoulos stated it was presented that the City was going to deal with the north side first and then the"south side; however, Mr, Levinson's concern was to deal with both now and get the project done. Mr. Eliopoulos asked that the City Manager get more information on this so that they can inform the public where we are at with this project and when we might come to some conclusion if any. The City Manager stated it is hard to give that tap priority when nobody has the half million dollars to put the new signal in. The City Manager stated when FDUT does their Triple "R" project the City expects that they will do it at their cost but if the City does it now the City will have to pay for it. Mr. Eliopoulos stated there was also another comment expressed by Evelyn Dobson more to the point as the Commission as a whole needs to be relating more to the public and noted that the previous Commission reached out more than this current Commission, Mr. Eliopoulos stated Ms. Dobson thac~.ked Mr. Bernard for the roundtable discussion with regards to the Southwest Neighborhood. Mr. Eliopoulos asked for a list of all the Presidents of the Homeowners Associations because it is hard to ga to an individual of a certain community and assume that they have the 44pulse" of the community. Secondly, Mr. Eliopoulos stated with regards to the affordable housing the City has the expedited permitting process. He stated as an applicant in Boynton Beach when they have apre-application meeting, at that meeting you have the Director of Planning and Zoning, Engineering, and if the topic is related to something historic then the Historic Preservation Planner is there. Mr. Eliopoulos stated everyone attends the meeting and they hand out their cards and by the time the meeting ends they have actually typed up a quick review of what you are trying to do. He feels this would be good time to try and implement this. The City Manager asked when this occurs in the process. Mr, Eliopoulos stated in the beginning and noted that at the City of Boynton Beach you cannot have anything happen until you have that pre-application meeting and feels the process would start with the Planning and Zoning Department and have one key contact person. Mr. Eliopoulos stated he feels this would give people such as FPL more updated information before they go forward and feels it might be a cost benefit at the City because these things will actually be processed quicker. -14 12102108 He stated right now there is a part-time Fire Plan Reviewer and he thinks it is appropriate because of the budget situations. However, Mr. Eliopoulos stated this may be something the City may want to look into because he feels it is very critical on the City's end when an applicant is submitting a project and it would be beneficial to have a full-time Pian Reviewer with fire knowledge. Mr. Eliopoulos commented about the Economic Development Committee Meeting being held on Wednesday, December 3, 244$ regarding the office parking requirements. He stated the Commission gave direction to the Committee and City staff to look at this. Mr. Eliopoulas stated we are in tough times now and we need to try and put in some incentives to get some things happening on the development side. Mr. Eliopoulos stated last night the Lake lda Homeowners' Association had a meeting regarding sober houses and crime. He complimented the Delray Beach Police Department and Terrill Pyburn in the City Attorney's office for informing the citizens of what has been happening. Mr. Eliopoulas stated this was a goad meeting and everyone left with c lot of information. Lastly, Mr. Eliopoulos stated he hopes everyone had a great Thanksgiving and the event was held to help feed the homeless at Pompey Park. Mr. Eliopoulas stated it was good to see that the Turkey Trot through the Parks and Recreation Department donated $2,444,44 to the Keith Straghn Foundation. There being na further business, Mayor Ellis declared the meeting adjourned at 1:35 p.m. ~ City Clerk ATTES Cam.. MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on December 2, 244$, which Minutes were formally approved and adopted by the City Commission on January 6, 2449. -15- 1214214$ '~, City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. -16- 12142108