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03-02-10 Regular Meeting MinutesMARCH 2 2410 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, March 2, 2010. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Dr. William "Bill" Quick, Delray Beach Clergy Association. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Eliopoulos requested that Item S.C., Acce Lance of a Ri ht-of-Wa Deed/Stakler Holdin s LLC/Putt'n Around Delra Beach, of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A., Item S.G., License A~reementlPrep and S orts Inc. a/l~/a XPE S orts of the Consent Agenda be moved to the Regular Agenda as Item 8.L.1. _Review of Appealable Land Development Board Actions {HPBI of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A.A Mr. Frankel requested that Item S.I., Resolution Na. OS-10, of the Consent Agenda be moved to the Regular .Agenda as Item 9.A.A.A.A.A., and Item S.K., Resolution Na. OS-10 of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A.A.A.A. Mr. Eliopoulos moved to approve the Agenda as amended, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 03/02/10 5. APPROVAL OF 1VIIN UTES: Mr. Eliopoulos moved to approve the Minutes of the Regular Meeting of February i 6, 2010, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. All People's Davy' -March 22, 2010 Mayor McDuffie read and- presented a proclamation hereby proclaiming March 22, 2010 as Ali People's Day. Susan Berkowitz-Schwartz came forward to accept the proclamation and recited a poem by Mahatma Ghandz. 6.B. Reco nizin American Red Cross Month --March 2010 Mayor McDuff e read and presented a proclamation hereby proclaiming March 2010 as American Red Cross Month. Tracy Sussman came forward to accept the proclamation and gave a few brief comments. 7. PRESENTATIONS: 7.A. ~ Reco nizin and commendin Develo er Frank McKinne and Delra Beach Fire Rescue Em to ees: Chief Edward Cretin Lieutenant Steven Moews Lieutenant Edmund Beardsle and Paramedic Gre o Tabeek for their aid and support with Haiti Relief Efforts Mayor McDuffie recognized and commended Lieutenant Steven Moews, Chief Edward Crelin, Frank McKinney, Lieutenant Edmund Beardsley, and Paramedic Gregory Tabeek far their aid and support with the Haiti relief efforts. David C. James, Fire-Rescue Chief, stated they did not have much time to respond to the request for assistance. However, Chief James stated these men had the right skills, were willing to volunteer, and did a fantastic job. On behalf of the Fire- Rescue Department, Chief James presented Mr. McKinney with a hat and a t-shirt. Frank McKinney came forward and gave a few brief comments. 7.B. RESOLUTION NO. 03-10: Approve Resolution No. 03-10 recognizing and commending Scott Lansford for 30 years of dedicated service to the City of Delray Beach. The caption of Resolution No. 03-10 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, 2 03/02/10 RECOGNIZING AND COMMENDING SCOTT LUNSFORD FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. (The ofFcial copy of Resolution No. 03-10 is on file in the City Clerk's Off1Ge.~ Mr. Eliopoulos moved to approve Resolution No. 03-10, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoalos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vate. Mayor McDuffie read and presented Resolution No. 03-10 to Scott Lansford. Lieutenant Scott Lansford came forward to accept the proclamation. and gave a few brief comments. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. PROPOSAL/STATE OF FLORIDA'S BUREAU OF HISTORIC PRESERVATION: Authorize staff to submit a proposal to the State of Florida's Bureau of Historic Preservation to host up to three (3) statewide Certified Local Government {CLG) training programs. B.B. HOLD HARMT~ESS AGREEMENT/R.LS PROPERTIES INC./TD BANK: Appxove and authorize a Hold Harmless Agreement between the City and R.I.S. Properties, Inc. to install an irrigation line within the Florida Department of Transportation right-of--way along S.E. 5th Avenue (south bound Federal Highway) for TD Bank located at 969 S.E. 5th Avenue. 8.C. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. B.D. INTERLOCAL AGREEMENT/PALM BEACH COUNTY: Appxove a new Interlocal Agreement between the City and Palm Beach County to reimburse the City $250,000.00 for the installation of the trombone mast arms at the intersection of West Atlantic Avenue and S.W./N.W. 12th Avenue. 8.E. AMENDMENT NO. 2 TO THE COMMiTNITY DEVELOPMENT BLOCK GRANT (CDBG)ITED CENTER AGREEMENT: Approve Amendment No. 2 to the CDBG Agreement between the City, the Delray Beach Community Redevelopment Agency (CRA) and The Center fox Technology, Entezprise and Development, Inc. (TED Center) to provide business incubator and technology services to residents and businesses located within the CDBG target area and CRA District. Funding is available from 118-1966-554-83.01 (Neighborhood ServiceslOther Grants and Aids). 3 03/02/10 8.F. 1NTERLOCAL AGREEMENTICOMMUNITY REDEVELOPMENT AGENCY CRA ISEACREST ATHLETIC FACILITY:. Approve an Interlocal Agreexent between the City and the CRA to provide funding for athletic facility improvements. 8.G. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. 8.H. RESOLUTION NO. 05-10: Approve Resolution No. 05-10 authorizing the City of Delray Beach to participate with the City of Boynton Beach to initiate the negotiation process for an Interlocal Service Boundary Agreement with Palm Beach County. The caption of Resolution No. 05=10 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY OF DELRAY BEACH TO PARTICIPATE IN THE NEGOTIATION PROCESS FOR AN INTERLOCAL SERVICE BOUNDARY AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY, PURSUANT TO CHAPTER 171, PART II, FLORIDA STATUTES; PROVIDING THAT THIS RESOLUTION SHALL ACT AS A RESPONSIVE RESOLUTION UNDER CHAPTER 171.203{2), FLORIDA STATUTES; AND PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. OS-10 is an file in the City Clerk's 8.I. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A.A. $.J. RESOLUTION NO. 07-10: Approve Resolution No. 07-10 urging the Florida Legislature to support continued funding of the Ecosystem Management and Restoration Trust Fund to support beach erosion control projects. The caption of Resolution No. 07-10 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO SUPPORT CONTINUED FUNDING OF THE ECOSYSTEM MANAGEMENT AND RESTORATION TRUST FUND TO SUPPORT BEACH EROSION CONTROL PROJECTS. 4 03/02/10 {The official copy of Resolution No. 07-10 is on file in the City Clerk's office.) 8.K. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A.A.A. B.L. ITEM 8.L.1. (HPB) HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A. S.M. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Odums' Sod, Inc. in the amount of $22,715.90 for replacement of sod at Old School Square. Funding is available from 001-4131-572-52.26 (General Fund: Operating Supplies/Gardening Supplies). 2. Contract award to PLAE Performance Sports Flooring in the amount of $42,500.00 for the installation of a synthetic turf practice area at the Seacrest Soccer Complex. Funding is available from 334-4151-572-63.81 (General Construction Fund: Improvements Other/Other Parks-Citywide). 3. Purchase award to multiple vendors in the total cost of $792,226.00 for the purchase of twenty-six (26) replacement vehicles based on age and life to date maintenance cost. Funding is available from 501-3312-591-b4.20 (Garage Fund: Machinery) EquipmentlAutomotive). Mr. Fetzer moved to approve the Consent Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuff e -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. ACCEPTANCE OF A RIGHT-OF-WAY DEEDlSTAKLER HOLDINGS, LLC/ PUTT'N AROUN_ D DELRAY BEACH: Approve and accept a right-of--way deed with Stakler Holdings, L LC. for Putt'n Around Delray Beach located at 350 and 362 N.E. 5th Avenue. Mr. Eliopoulos declared a conflict of interest because he has an ongoing business relationship with the current owner of the property and stepped down from the dais. 5 03/02/10 Mr. Frankel moved to approve Item 9.A.A. (formerly Item 8.C.), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 4 to 0 vote. At this point, Commissioner Eliopoulos returned to the dais. 9.A.A.A. LICENSE AGREEMENT/PREP AND SPORTS INC. alI;la XPE SPORTS : Approve a license agreement with Prep and Sports, lnc. (alk/a XPE Sports) for use of a portion of the Soccer Complex. Linda Karch, Director of Parks and Recreation, stated this item is to request City Commission approval of a license agreement between the City of Delray Beach and Prep and Sports, lnc. {alk/a XPE Sports) for the use of a portion of the Soccer Complex for two years for their professional football sports camp and a free year-round sports training camp for eligible children of Delray Beach. Prep and Sports, Inc. will be responsible for proof of insurance, providing and maintaining all training equipment, maintain synthetic turf, and responsibility for cleaning the concession building after each use. Mrs. Karch stated since this came before the Commission she has become aware of an issue that soccer and Lacrosse have with the specified dates and times listed in the agreement. She suggested that rather than the Commission voting on this item this evening to allow staff to take this back come up with more general days and times that are agreeable to both parties and come up with a different agreement. Mr. Eliopoulos stated he had concern over the hours and how everything was spelled out in the agreement. He expressed concern over actual specific times. Mr. Eliopoulos stated there are several organizations that want to use the field and it is a matter of coordination. The City Attorney suggested that if the Commission passes this tonight that they modify the Section S of the agreement to remove all of the specific times and add the provision that P&S shall be permitted to use the soccer complex depicted on Exhibit "A" as coordinated by Parks and Recreation and there shall also be coordination regarding the equipment that is stored on the site. Mayor McDuffie stated some time ago the Parks and Recreation Department was working on an umbrella document for all sports in all locations anal asked if this is still being worked on. Mrs. Karch stated the Parks and Recreation Department has a sports policy that this would fall under. Mayor McDuffie stated his understanding would be that once this is approved it would include all sports and will dictate the times and dates when the fields are to be utilized and who has fzrst rights, etc. Mayor McDuffie stated they have been trying to work in all the sports to stop sports from overlapping each other so that if a child in Delray Beach wants to play every available sport then he or she can do that. Brief discussion between the Commission and the City Attorney followed, 6 03/02/10 Mrs. Gray stated because they are the only ones that are going to have a contract what happens after the two years. Mrs. Karch stated she believes after two years the City can renew the contract. Mrs. Gray asked if they will have a professional contractor to maintain the turf. The City Attorney stated the City would not dictate how they do it but would just say they would have to maintain the artificial turf Mrs. Karch stated one of the big issues with this type of turf is gum getting stuck in it. The City Attorney suggested that the following revisions be made to the License Agreement with Prep and Sports, Inc. (alk/a XPE Sports): Section 4, paragraph e the reference that P&S shall install artificial turf in the area shall be stricken; Section 8 shall be modified to remove the actual date and times from that paragraph but to provide that the City Parks and Recreation Department on the area described in Exhibit "A" and also coordinate the use of the building and the equipment. Also, the exhibit that is attached as Exhibit "A" shall have some general dimensions placed on it to give a better idea of the actual footage. Mr. Eliopoulos moved to approve the License Agreement with Prep and Sports, Inc. {a/k/a XPE Sports) subject to the revisions as stated by the City Attorney, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Frankel - Yes; Mrs. Gray -Yes; Mayor McDuff e -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.A.A.A.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the pcriod February lb, 2010 through February 26, 2010. Mr. Eliopoulos moved to appeal item S.L.1 (HPB), seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray -- Yes; Mayor McDuffe -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 9.A.A.A.A.A. RESOLUTION NO. OG-10: Approve Resolution No. 0610 urging the Florida Legislature to adopt legislation authorizing the use of red light cameras by local governments. office.) The caption of Resolution No. 06-10 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO ADOPT LEGISTLATION AUTHORIZING THE USE OF RED LIGHT CAMERAS BY LOCAL GOVERNMENTS. {The official copy of Resolution No. 06-10 is on file in the City Clerk's 7 03/02/10 Mr. Frankel stated he moved this item to the regular agenda because in Miami-Dade County Circuit Judge ruled that Aventura cannot use these red light cameras to catch and ticket drivers for running red lights in the city. Mr. Frankel stated it is expected that the City of Aventura is going to appeal this ruling. He stated he spoke to the City Attorney this afternoon who felt the city could still take action; however, in light of this court action and extensive court action throughout the State he did not feel comfortable doing anything on this. The City Manager stated one of the reasons the court took the action it did is because there is not specific authorization in the State Statutes and the City is asking the Legislature to give cities ar local government specific authority to use cameras and enforcement. He feels the request of the Legislature is still appropriate. Mr. Frankel stated he did not feel comfortable and that is why he pulled it. Mr. Fetzer stated that is exactly why we need to pass this resolution because he feels the State Legislature has drug their feet about legislation on this. Mr. Eliopoulos moved to approve Resolution No. 06-10, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliapoulas -Yes; Mr. Fetzer -Yes; Mr. Frankel - No. Said motion passed with a 4 to 1 vote, Commissioner Frankel dissenting. 9.A.A.A.A.A.A. RESOLUTION NO.OS-I4: Approve Resolution Na. 0$-10 urging the Florida Legislature to adapt legislation further regulating the dispensing of prescription drugs. The caption of Resolution No. 08-10 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO ADOPT LEGTSLATTON FURTHER REGULATING THE DISPENSING OF PRESCRIPTION DRUGS. {The official copy of Resolution No. 0$-10 is on file in the City Clerk's Mr. Frankel stated last Friday {February 19, 2010) he emailed the City Attorney's office regarding a technology called "bioscript". He stated according to the information 24 states have enacted some farm of prescription monitoring program far controlled substances, abused medications, etc. and asked that the City Attorney's office look into enacting regulations that would mandate prescription monitoring programs in the City of Delray Beach. Mr. Frankel stated the City Attorney emailed back and stated it looks like it is going to be in the legislature and suggested that we bald off. Mr. Frankel stated he does not believe the funding is going to be there. Mr. Frankel stated by him pulling this item is not to show that he is not in support of this. He asked the City Attorney to look into other municipalities about this technology because if you look across $ 03/02/10 the street you see all out-of state plates. Mr. Frankel stated the Commission has always been supportive in the areas of the pain clinics and this is an area where it is vezy vital to be proactive and not wait to see what the State Legislature does. Mr. Eliopoulos stated this has to start somewhere and he supports the resolution. Mayor McDuffie stated we cannot stand alone an this and we need our Florida Legislature and Congress to get behind the city on this. In addition, he stated we also need help at the State level and the Federal level and supports starting here with the State level. Mr. Frankel moved to approve Resolution No. 0$-10, seconded by Mr, Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 9.A. WAIVER REQUESTSIPUTT'N AROUND DELRAY BEACH; Consider seven waiver requests associated with the development of a miniature golf course for Putt'n Around Delray Beach, located at 350 and 362 N.E. 5th Avenue. (Quasi- Judicial Hearin Commissioner Eliopoulos declared a conflict of interest and stepped down from the dais. Mayor McDuffie read the City of Delray Beach procedures for aQuasi- Judicial Hearing into the record. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel stated he has had no communication since the last meeting but when this was a previous agenda item he spoke with the applicant as well as the architect. Mrs. Gray stated she had no ex parte communications to disclose. Mr. Fetzer stated he had no communication since the last time and when this was a previous agenda item he spoke with the architect and applicant. Mayor McDu~e stated he spoke to the architect and the applicant prior to the last meeting but nothing prior to this meeting. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file ;2010-0~$ into the record. Mr. Dorling stated this site was previously approved for a mixed use building in 2005 and subsequently that site plan expired. On January 25, 2010, the Plamung and Zoning Board considered a Conditional Use request for the current development proposal fora 36-hole miniature golf course and recommended approval. At 9 03/02/10 its meeting of February 2, 2014, the City Commission approved the conditional use. On February 10, 2010, the Site Plan Review and Appearance Board (SPRAB) approved the Class V site plan application for the Putt'n Around Delray Beach development along with seven requested waivers as outlined on page seven of the Planning and Zoning staff report. Mr. Dorling stated all of these waivers were considered during the SPRAB recommendation on the Class V site plan and recommended approval of all of them. Jess Sowards Architect with Currie Sowards A uiIa Architects stated he is present for any questions the Commission may have. Mrs. Gray asked if there are any issues that staff sees with these waivers. Mr. Dorling stated staff supports all of them. Mayor McDuff e stated if anyone from the public would like to address the Commission. regarding the waiver requests, to please come forward at this time. There being no one from the public would wished to address the Commission, the public hearing was closed. No cross-examination or rebuttal. Mr. Fetzer stated the economy and our current problems are causing us to do some unusual things. He stated he was first surprised to see this type of development proposed in the downtown; however, he feels there are a lot advantages to seeing something like built as oppased to a vacant lot that cannot be developed based on the present economy. Mr. Fetzer stated this is a unique use and it is green space in the downtown and therefore he supports the waivers. He stated the LDRs were designed with not the idea of this type of development going in the downtown so it is appropriate that the LDRs are modified for this particular type of development. The City Attorney briefly reviewed the Board Order with the Commission who ~a.ade fmdings according to their consensus (attached hereto is a copy and made an off vial part of the minutes). Mr. Frankel moved to adopt the Board Order as presented, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 4 to 0 vote. At this point, Commissioner Eliopoulos returned to the dais. 9.8. NOTE MORTGAGE MODIFICATION AND SUBORDINATION AGREEMENT -AUBURN TRACE LTD.: Consider approval of a Note, Mortgage Modification and Subordination Agreement between the City of Delray Beach and Auburn Trace, Ltd. 10 03/02/10 Brian Shutt, City Attorney, stated there are certain things on the Note modification that he has asked the applicant to change is to put in a cap or a top amount that the City would be subordinated to because the City would be second in line- on the remaining 20 acres. Mr. Shutt stated another change would be to provide that there is a set timeframe for the closing to take place because in the Note it talks about the full payment of the Land Note upon execution of the agreement but then in the body of that paragraph it talks about upon closing and conferring with Mr. Weiner. Mr. Shutt stated it is actually on the closing so he would request that a particular timeframe be put in place to allow that to occur. Mr. Frankel asked how much the original loan is. Joseph Safford, Finance Director, stated the original loan amount is $3,840,000.00. lvlr. Frankel asked how much has been paid in interest. Becky O'Connor, Treasurer, stated $1.4 million interest has been paid. Mr. Safford noted in his memorandum under the concerns (#2} he stated that there was a $4.3 million debt to the partners on their balance sheet and is basically a $4.3 receivable where the partners were advanced money. Mr. Safford stated there are currently 256 units on 31 acres on this Auburn Trace Development and had a current appraisal at $12.2 million and outstanding debt of $14.4 million. Mr. Safford stated the City debt is subordinate to a first mortgage of $9.2 million and the City is second to that. He stated 1 S2 of the units are in need of rehabilitation or planning to be renovated and 104 units are partially vacant and are planned to be demolished. Mr. Safford stated the City's Loan amount that is due is the collateral by 25b units and 31 acres for the repayment of the loan. He stated they plan to separate the 31 acres into two parcels; a 20 acre parcel and an 11 acre parcel. Mr. Safford stated Auburn Trace plans to sell the 11 acres to Village at Delray LTD and 99.99% of that is owned by a private developer. The developer will pay down the first mortgage on the 31 acres to the appraised value of the 11 acres and then the remainder of that first mortgage would go back over to the 20 acres. Mr. Safford stated in order to do this the bank that is loaning them money will not allow any second liens on this property other than the TCAP grant. Mr. Safford stated in order for the City to release its lien, Auburn Trace is proposing to pay off a $258,000.00 Land Note that is owed and they asking the City to forgive $1 million on its UDAG Note and a release of lien. Mr. Safford stated there is a third party that is subordinate to the City and that is an SBA loan and it appears that SBA is going to voluntarily move over to the 20 acres because staff did not see any payoff of the SBA loan on the closing for the 11 acres. He stated on the 11 acre site they are going to be tearing down 104 units that are currently on the property and building 192 new units; 144 of those units are going to be rent restricted; the remainder 48 units are going to be market rent units. Mr. Safford stated now the collateral for the loan instead of being 256 units on 31 acres is now 152 units on 20 acres. He stated the deal that is being proposed is that they would pay us off by the remainder of the loan by 12/31/10. Mr. Safford stated the current appraised value of the 25b units is $12.3 million and the current debt is $14.2 million excluding the SBA (Small Business Administration) loan. The total debt could actually exceed the value by $2.3 million as it currently sits before it is split into the two parcels. Mx. Safford stated if they do not pay off the balance by 12/31/10 the $1 million comes back and it is added to the debt. He stated when tallcing 11 03/02/I O about forgiving $1 million that is sitting in the receivables from an accounting viewpoint that results in expense. Therefore, Mr. Safford stated the General Fund budget would have a zero budget but would get hit with a $1 million expense. Mr. Safford stated the intent of the UDAG loan. is that UDAG would loan the money to this original project back in 1989 and the payments that they made on the UDAG loan would be used by the Community Improvement Department to supplement Title I neighborhood improvements throughout the city. Mrs. Gray stated with the UDAG loan if they repay us the $3.4 million this year would that go into the General Fund or would that stay in a separate fund. Mr. Safford stated right now it is a receivable in the General Fund so the receipt of it would actually occur in the General Fund and the City would show a restricted fund balance for future Title I prof eats. Mrs. Gray asked if the City has ever been forgiven a loan of this magnitude. Mr. Safford stated he is not aware of any forgiveness of loans; however, in the past the City Commission has forgiven interest payments in order to get a payoff on a Code Enforcement lien. i.~Irs. Gray stated they are not asking for land or subsidies and does not see where the City is contributing to this project that is going to be creating affordable housing and asked if this would be the same thing as the City giving away land or subsidies to a developer. Mr. Safford stated i_n lieu of forgiving a loan if the City had just given this developer a $1 million to help him subsidize the building of these affordable housing units. Mrs. Gray asked if the City gives subsidies and land to private developers. Mr. Safford stated he does not know cif any expenditure for private developments like this. He stated City funds are spent on City rights-of--way and City property. Mr. Frankel stated this is very complex. Mr. Frankel asked why the City is making any kind of loan whatsoever. The City Manager stated the Land Nate was actually City funds and v~;as made to facilitate the original project and the UDAG loan was a grant the City received from the Federal Government under the Urban Development Assistance Grant Program. Therefore, the City Manager stated this was actually Federal money that was given to the City and we turned around and loaned it. The City Manager stated this is supposed to be paid back and the payment proceeds are to be used for Title I activity. Furthermore, the City Manager stated this is Federal taxpayer money. The proposal is that the balance of the City money would be paid back upon closing ($255,000.00). Mr. Frankel stated he agrees about not giving away the collateral and because the debt is upside down it is an issue. Mr. Frankel asked staff if they have any strategy to get the money back as quickly and easily as possible. Mr. Safford stated if the Commission finds that there is a valid public purpose to this project then he wants a guarantee that the City is going to be paid off December 31, 2010. Mr. Frankel commented about the Special Meeting of January 23, 2008 and according to his notes it said that "staff was comfortable with the terms of the agreement and that the City would be paid in a lump sum at the end of 2010 instead of being paid based when the properties are sold." Mr. Frankel asked what changed since 2008 to make staff no longer feel comfortable with this. Mr. Safford stated Auburn Trace did not get the CWHIP grant, the Delray Beach Housing Authority went away and everything that the City thought was part 12 03/02/10 of the original agreement changed. Furthermore, Mr. Safford stated in 2008 staff took a present value analysis and said instead of getting this lump sum payment in 2022 if we forgave a $1 million but the remainder was paid by the end of that fiscal year (2008} there was actual a present value gain to the City. Mr. Safford reiterated that no agreement was ever executed; the City did not get paid off our Land Note or the UDAG. He stated two years later they are coming back and trying to do the same thing only the Delray Beach Housing Authority is gone away and the present value analysis now is a $600,000.00 cost instead of $125,OD0.00 gain so everything is turned around. Mr. Safford stated the City should not give up collateral and Auburn Trace cannot promise anymore that the City is going to get paid by 12131110. Mr. Safford stated Auburn is not going to sell the units but they are going rehab the 152 units and they are at the cap as far as the rent is concerned. He stated it is not going to make those units worth anymore because it is based upon their rents and their rents cannot increase. Therefore, Mr. Safford stated you are not gaining the equity by them renting those units and consequently there will be more cost. Mr. Safford also expressed concern aver the advances that the partners are pulling out of these projects and the City is not getting paid on time. Mr. Eliopoulos stated he was for this project; however, changed his viewpoint for specific reasons. He stated the Commission did vote for this project and feels they have been committed. Mr. Eliopoulos stated he concurs with Mr. Safford that in 2008 staff met 2-3 times in one week to try and make this happen and the Delray Beach Housing Authority was a partner and it was mixed income. Mr. Eliopoulos stated those were two huge components for him but the f nancing end changed and back then we were looking at $100,000.00 on the plus even after the $1 million forgiveness and now we are looking at $600,000.00 on the lass. Mr. Eliopoulos expressed concern that this is not a sound investment and stated with regard to the original UDAG loan, this money was for our community and at the end of that payoff it has to keep going back in with regards to improving the neighborhoods. He stated this Commission has already supported to increase the density of this project and stated this $1 million forgiveness is for a private developer and a private entity. Michael Weiner Attarney with Weiner & Aronson P.A 10, ,_ - ~ ~ ~ ~ •,_,,., S.E. 1st Avenue Delra Beach FL 33444 gave a brief PowerPoint presentation and stated the CWH1P grant was for the acreage that is being discussed tonight and the Delray Beach Housing Authority was part of that partnership at that time but their partnership dissolved. Mr. Weiner stated the Housing Authority is now developing their 18 acres and the discussion this evening is regarding the development for these 11 acres. Mr. Weiner stated 99% of this is not owned by developers but it is owned by Limited Partners who take advantage of the tax credits. He stated the SBA has been and always will be behind the City and the 48 units are still subject to a land use restriction. Mr. Weiner stated this is a conditioned precedent and they owe the City every last dime until that check is in the City's escrow account. Mr. Weiner stated they agree that there is a change from a CWHIP grant to a TCAP grant. Mr. Weiner stated they will be providing new and improved rental housing in accordance with the Southwest Plan; there will be permit fees paid, new jobs, and substantial increases in real estate tax values. 13 03/02/10 The City Manager recommends that the Commission consider the option of forgiving the accrued interest which has a December 31, 2010 ($952,931.00) and stated that is something for which there is precedent. He stated the City has not done anything this large but it is not uncommon with Code Enforcement liens and in some cases where the City has loaned money to various entities and the City has forgiven the interest. The City Manager stated even with this project the Land loan was a 0% interest loan so they have only been paying back the principal so the Commission would be forgiving the accrued interest which gets them close to where they need to be and it is mare in line with City precedent in dealing with financial matters of this nature. The City Manager stated the bottom line issue is if the Commission sees a public purpose in creating the affordable housing they are going create then that is a way of doing it. Brief discussion between Commissioner Eliopoulos and the City Manager followed. Mrs. Gray asked the City Attorney if the City were to release its position on 11 acres of land so they can go ahead and build is there a guarantee that they would pay the $3.4 million back by December 31, 2010. 1f not, Mrs. Gray stated then she would like to see an agreement stating that they will (not might) pay the City back at that time. The City Attorney stated right now it is at their sole discretion and recommends that a defnite dollar be put in the agreement so that way the City will actually pay the City back if they pay us back by December 31, 2010. Allan Schnier stated to preserve tax exempt bonds that have been reserved under what is called a new issue bond program from the Federal Government via various states they have been awarded $11.3 million in tax exempt bonds and must close that bond transaction by December 31, 2010. Brian Hinners stated although they have bonds from the State of Florida they still need to see some additional fmancing before they can close on the whole rehab second half of the project. Mr. Hinners stated it is difficult to guarantee that they will have all of that funding and tonight they cannot do that. He stated they have to seek additional funding because at this point there is a shortfall of $1.5 million even with the $1 million forgiveness from the City. Mr. Weiner stated they cannot guarantee the Commission that they could write an additional check for $1.5 million on December 31, 2010 to get the second part of this off the ground. Mrs. Gray asked how much money the City would be receiving this year. Mr. Weinex stated the City would receive $400,000.00 if they go with the fn-st half and will receive that by March 30, 2010 but in no event later than Apri130, 2010 because they will lose the TCAP grant if they do not close. Mayor McDuffie asked Mr. Weiner to explicitly define what the first half is. Mr. Weiner stated the first half is a release of the 11 acres a required pay down to 14 03/02/10 lberia of at least $4,750,000.00; pay their late payment from December 31St; pay $255,000.00 small loan; pay some interest and penalties and noted it is approximately $400,000.00-$410,000.00 and that occurs an or before April 30, 2010. Mr. Weiner stated if the City does that then the City will be better off by $1.5 million on its collateral. He stated the second half if they come in with a check for the right dollar amount before December 31, 2010 the City will give them a discount and if they do not come in then they are done on ranuary 1, 2011. Mr. Fetzer concurred with concerns expressed by Mr. Eliopoulas. Mr. Fetzer stated he has been here long enough to know the history of this project and is disappointed in the way some of the things have come about. Mr. Fetzer stated he has always wanted the project completed; however, the financial terms he is not convinced is something he wants on the backs of the residents. Mr. Fetzer stated staff has concerns they he agrees with and at this point he is not comfortable with approving this. Mr. Fetzer suggested that the Financial Review Board get involved and give their objective opinion on it because he thinks there are some very contrasting points of view on what to do and he would like to make the right financial decision for our city. Brief discussion between Mr. Frankel and Mrs. Butler followed. Bxief discussion between Mr. Weiner, Mayor McDufFe and the .City Manager followed. Furthermore, the City Manager stated that Mr. Weiner is suggesting that the City set aside the $1 million forgiveness and deal with that at a later date anal tonight release the lease on the 11 acres and in return for that Auburn Trace will pay down the Iberia loan so that their interest in the remaining 20 acres is no more than $4,750,000.00 which increases the amount of equity that is securing the City's remaining debt. Mr. Weiner stated and this will give the City $400,000.00. Mr. Weiner stated they would like to demonstrate what they can do at a Workshop meeting. Mayor McDuffie stated for clarification Mr. Weiner is asking that the City release the 11 acres, pay Iberia to $4,750,000.00, pay the December 31St late payment, and pay the $255,000.00 plus interest and penalties. The City Attorney suggested that the Commission set timeframes for paying the Land Note {$400,000.00}. The City Manager stated his understanding is that this would have to occur no later than April 30, 2010. Mr. Eliopoulos asked if the City is selling its portion of 11 acres for $255,000.00. The City Manger stated not exactly because the City is improving its position as a second mortgage holder on the 20 acres. The City Manager stated zt is not money coming to the City but it is reducing the f rst mortgage holder's lien substantially. The City Manager suggested approving this as discussed in concept with the final language to be brought back to the Commission on March 11, 2010. 15 03/02/10 Mr. Frankel moved to approve as discussed in concept that the City would release its lien on the 11 acres; Auburn would pay down the Iberia loan to no more than $750,040.00; and, Auburn would pay the past due December payment plus penalties and interest owed and pay off the balance of the Land Note of approximately $255,16$.00, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Frankcl -- Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a S to 0 vote. At this point, the tinne being 8:32 p.m., the Commission znaved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 07-10: Consider modification of Midtown Delray SAD (Special Activities District} Ordinance No. 46-07 to allow fora 1,088 sq. ft. increase in the floor area for the Midtown Medical Building, modifying the parking requirements for such S.A.D. and limiting the office square footage based on floor levels; and amending the Land Development Regulations Section 4.4.25(G), "S.A.D.s," Subsection {10), to reference Ordinance 07-10. (Quasi Judicial Hearing) The caption of Ordinance No. 07-10 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 46-07 WHICH ESTABLISHED THE SPECIAL ACTIVITIES (SAD) ZONING DISTRICT FOR MIDTOWN DELRAY, TO ALLOW FOR AN INCREASE IN THE FLOOR AREA FOR THE MEDICAL OFFICE BUILDING, MODIFYING THE PARKJNG REQUIREMENTS FOR SUCH S.A.D., AND LIMITING OFFICE SQUARE FOOTAGE BASED ON FLOOR LEVEL; AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, SECTION 4.4.25(G), "S.A.D.s," SUBSECTION (10}, TO REFERENCE ORDINANCE 07-10; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. {The official copy of Ordinance No. 07-10 is on file in the City Clerl~'s The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delxay Beach, Florida. 16 03/02/10 Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications since the last meeting. Paul Dorling, Director of Planning and Zoning, AICP, entered the Planning and Zoning Department project file #2010-024 into the record. Mr. Dorling stated this is a modification to the Blood's Grove SAD (Special Activities District) located east of Military Trail on the south side of Linton Boulevard. The proposal includes an addition 1,088 square feet to an existing 29,780 square foot medical office building. The request also includes the elimination of five parking spaces, the provision of eight additional handicapped spaces, installation of an emergency generator and modification of the allowed uses to add an option for professional offices on the second and third floor and restrict the first floor to Outpatient Surgical Facilities (OSF), Ambulatory Surgical Center or professional offices. Mr. Dorling stated it also involves the establishment of a new parking requirement for outpatient surgical facilities. He stated when this initially came before the Commission it included a substantial reduction in parking. Mr. Dorling stated because of the shift in uses and the change to reflect the parking demand for the ambulatory center there is no such reduction needed at this time. Mr. Dorling stated it came before the Commission in January 2010 and has since gone to the Site Plan Review and Appearance Boaxd (SPRAB) and the Board approved the proposal. He stated it is now before the Commission for a second reading. Staff recommends approval. Michael Weiner Attorne with Weiner & Aronson P.A. ld S.E. 15x Avenue Delra Beach FL 33444 A ent for the A licant stated this project has SPRAB approval, the Commission voted for it on first reading, and staff approval. Mr. Weiner stated this is less than an increase of 3% of the building. Mayor McDuffie stated if anyone would like to speak in favor or in opposition of Ordinance No. 07-10, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. There was no cross-examination or rebuttal. Mrs. Gray moved to adopt Ordinance No. 07-IO on Second and FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 17 03/02/10 9.C. REQUEST FOR PROPOSAL ('RFP) FOR PUBLIC SAFETY ..._„_, SOFTWARE: Consider authorizing staff to enter contract negotiations with SunGard and Firehouse for a new Public Safety Software system; contingent upon completion of an additional site visit for the Firehouse portion of the contract (RFP 2010-05}. Doug Smith, Assistant City Manager, stated he is presenting staff's recommendation on public safety software procurement. Mr. Smith stated this started as an RFP (Request for Proposal} last year far a new Police & Fire computer system that would include computer aided dispatch, records management, and mobile field reporting. Mr. Smith stated the way the system currently works staff is not able to transfer data from the laptops where the officers enter their reports into the system back at the Policy Station. The police officers have mobile computers that they are able to use in the field and they can prepare their reports there but then that xeport is printed and taken back to the station and most of that information has to be rekeyed. Mr. Smith stated the narrative portion is not stored in the system but is stored in the officers enter their reports in and those two systems do not communicate properly to each other. He stated this also leads to a problem on the data analysis side because it is important to get real time data and there is a lag in some of this information being entered into the computer system so that in turn leads to a problem with getting reporting that is accurate and up-to-date on the most recent trends. In addition, Mr. Smith stated the system does not allow staff to take advantage of newer technologies such as being able to use automatic vehicle location and dispatch the vehicles that are actually closest to a scene which could improve response and would also carry over with the fire vehicles. Mr. Smith stated same fire specific issues are records management and currently our training and certification records are paper based and it is very cumbersome to gather the data that is needed far reporting for ISO ratings and there is a need to track things such as hose inventory and different types of equipment. He stated some of these are things were the Fire-Rescue Department has to dispose or trade these out in a certain number of years and having an automated system to help .with that is very important and the ability to pre-plan for incidents and would allow the fire staff to survey locations and actually identified potential hazards that could be stared in a database. In addition, Mr. Smith a fire and EMS software that would communicate with the Computer Aided Dispatch (CAD} system is very important because if they have such a system that will communicate in that fashion information such as patient history information can flow from that fire EMS software over to the CAD system. Mr. Smith stated staff received responses from four vendors and the Selection Committee selected three to provide demonstrations in December. Mr. Smith stated these wexe all day demos facilitated by our software consultant Barry Strock and from the demo's staff felt that SunGuard was far above the others in their ability to meet our needs. Staff ranked SunGuard as the#1 proposal to pursue for contract negotiations pending the Commission's approval if they agree. Mr. Smith stated there is asub-component of this response from SunGuard that is a fire EMS software called firehouse. Mr. Smith stated staff has currently budgeted for this purchase about $1.15 million that is in the City's capital account. Mr. Smith stated the bids came in with varying ranges and the SunGuard bid actually included some things such as hardware costs that staff did not really ask for them to provide. He stated their corrected bid # should have been about $1.39 million with the hardware and without the hardware their quote # is $1.16 million. Staff has reviewed the 18 03/02/10 hardware costs that are required and IT feels that the response in the RFP from SunGuard with the optional information is bare minimum requirements for at least some aspects and there are some things that the City would want them to purchase and there are additional things that the City would need to purchase in order to set up a system like we have now where there are servers on the Police side and on the City Hall side that can back each other up. Mr. Smith stated the current estimate on the hardware side is around $460,000.00 which is over the budgeted amount. However, Mr. Smith stated staff will strive to look thoroughly at our licenses and certain modules that we may or may not need to bring that cost down as much as passible. Mr. Smith stated the last step staff took in this process was conducting site visits to places such as Coral Gables, West Palm Beach, and to see how their software actually works in the field and far West Palm Beach learning haw their conversion went because the recently converted from HTE. Staff found that West Palm Beach seemed to be more similar from the large agency aspect to what our current operations are and on the police side they feel comfortable moving forward with SunGuard. Mr. Smith stated the fire staff fef.ls it is important to visit another fire software client that has bath the fire and the EMS portions of the fire house software in operation. Brief discussion between staff and the Commission followed. Brief discussion between Mayor McDuffie and Guy Buzzelli, Chief Inforxnation Officer followed. Mr. Frankel moved to approve to authorize staff to enter contract negatiatians with SunGuard and Firehouse for a new Public Safety Software system; contingent upon completion of an additional site visit for the Firehouse portion of the contract, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -- Yes; Mayor McDuffie -- Yes; Mr. Eliopaulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.D. RE VEST DIRECTION REGARDING A DESIGNEE/WASTE MANAGEMENT INC: Provide direction and deternvne who will serve as the City's designee for review of records of services provided under the City's Solid Waste, Vegetative Waste and Recycling Collection Franchise Agreement with Waste Management Inc. of Florida. The City Manager stated in previous discussions the Commission had agreed that Rich Reade, Sustainability Officer, would be the paint person in dealing with Waste Management. The City Manager stated in conversations with Mr. Fetzer and Mr. MacNamee that he agreed to allow that process to come to its conclusion and see haw it worked out. The City Manager stated since then Mr. MacNamee has continued to ask about being the Commissions designee. Mrs. Gray stated we need to continue the work that we started and continue on the path that we agreed to go on which was to let staff be our representative and let the Financial Review Board complete what they started and what the City has asked them to 19 03/02/10 do. Mrs. Gray stated the Commission needs to let Rich Reade do what they asked him to do without any interruption acrd let it go to the Financial Review Board and come back to the Commission to make a decision. Mrs. Gray stated staff has been cooperating with evexyone and is not sure haw much time is enough time and believes all of Mr. MacNamee's questions were being answered but now he has more questions. She suggested that the Commission has to give direction on how accessible Mr. MacNamee is going to be to City staff as well. The City Manager stated there is one question outstanding that Mr. MacNamee raised that is actually several questions in one and does not believe the City has received a response from Waste Management but expects a response quickly, Mr. Eliopoulos stated if there ever was a resident that he would want to assign to this it would be Mr. MacNamee. However, Mr. Eliopoulos expressed concern over the potential precedent this could set and the Commission voted to go this route. Mr. Eliopoulos stated the timeframe is 30-b0 days and cancers with comments expressed by Commissioner Gray. Mr. Fetzer stated he talked with some of the members of the Financial Review Board today and feels they are on the right track. He stated the Commission set out on a course to let Mr. Reade be the point person for the City and it would be premature to not allow him to finish what he has already started. Mr. Fetzer stated he would like to give that process a chance to work. Mrs. Gray inquired about how much time Mr. Reade spends a day on the telephone going back and forth with Mr. MacNamee. Mr. Reade stated it is approximately S-6 hours a day that he spends on this and other staff members are spending all day dealing with various requests, etc. Mr. Reade stated the City submitted the 12 original questions to Waste Management and 11 have been answered. He stated according to Waste Management the reason they have not answered is because they needed a clarification of one of the questions which was provided to them the night before he met with them. Mr. Reade stated Waste Management then had to have time to get caught up because they spent so much time on this request. Mr. Reade stated in the meeting Waste Management had four staff members and they spent five hours talking about it. Mr. Read stated this is Waste Management's logic of why they have not answered that one question but they have informed him that it is coming shortly. He stated there is an additional question regarding the comparison from the June 2009 customer list and the January 2010 customer list. Mr. Reade stated the problem he and the ZT division is having is that the City's system is live so if we do not have those numbers stored or saved then we have to go back and restore old tapes, etc. He stated once they do this which they believe they can do then they have to compare the two lists and once they find out which customers are not on both lists then they have to identify why each customer would not be on that list. Mr. Reade stated there is another task of going back and determining our units as far back as they can go. Mr. Reade stated if staff attempts to identify units in advance of that unit count beurg completed then there may be a list that may not be accurate or incomplete or staff may have to go back and adjust. 20 03/02/10 Mayor McDufFte asked if staff believes they have a finite scope of work or is it an infinite scope of work. Mr. Reade stated he does not have a f nice scope of work and knows the end goal but does not know what path we are going to follow because there might be multiple paths. Mr. Reade stated staff has looked at the numbers in advance and compared them with the Solid Waste Authority which gets numbers from the Property Appraiser. Staff feels comfortable that they are in the ballpark on unit count identifying which category they go in is the issue now. Todd L'Herron, Vice-Chairman of the Financial Review Board, stated the Board addressed this issue this morning and the intent of the Board is provide a report at the May 4, 2010 City Commission meeting. Mr. L'Herrou stated the Financial Review Board will have a meeting immediately prior to that on the morning of that date based on the timeframes they received from Rich Reade as of this marring. Mr. L'Herrou stated they also discussed the issue of a City Designee and the Board's understanding of the relationship with Waste Management right now is that they are continuing to work with the City in a fairly open relationship. The Financial Review Board's recommendation is to not change any designee at this time until the Board has worked through that process at the May 4`h meeting. Mr. L'Herrou stated at that time if the Commission is not satisfied then the Board would recommend that the Commission take any steps that are needed and consider diminishing returns of more and more time and input. He stated if the Commission has to bring in an outside auditor that has get paid, etc. what the returns are for that and the focus of the Board is primarily going to be on any major collections that could he made and process changes that must be made in order to make sure that the City does not run into this situation again rather than chasing down a few thousand dollars here and a few thousand dollars there. Mr. Frankel stated he concurs with comments expressed by Commissioners Fetzer, Eliopoulos, and Mrs. Gray that the Commission designated Mr. Reade as the City's designee. Mr. Frankel stated the Financial Review Board recommends staying the course and he is pleased with a target date of May 4th. Mr. Frankel stated when the Commission previously discussed this he was in favor of an independent auditor; however, based on everything the Commission decided to go this course. He stated disrupting this at this time would put them back even more time. Mr. Frankel recommends staying the course and providing clear word that Mr. Reade remains as a designee. Mr. Reade stated there are two issues; one is the commercial and one is residential. He stated the May 4th target date is geared towards the residential side and it is staff's intent to a resolution to the commercial side well in advance of that date. Mr. Reade stated regarding the two questions that were posed to the Financial Review Board hopefully one of those can possibly be resolved much sooner than May 4th. Mr. Reade stated with regard to the residential unit count there has been a desire to utilize the numbers from September. Mr. Reade stated recommends utilizing the numbers from the count that we are doing now and does not believe it would be good if Mr. MacNamee did not be part of the development and understanding of how those numbers were done. Mr. Reade stated the reason Mr. MacNamee has not received anything with regards to that 21 03/02/10 particular project is because staff is doing all the base wank and agrees that Mr. MacNamee needs to be part of that development and the understanding of how that is being done. Mr. MacNamee stated with the commercial side staff has to go off the questions that were presented in writing and if there are additional questions he would be happy to present them to Waste Management. Brief discussion between Mr. Reade and Commissioner Gray followed. Mr. Frankel moved to approve Richaxd Reade as designee for review of records of services provided under the City's Solid Waste, Vegetative Waste and Recycling Collection Franchise Agreement with Waste Management, Inc. of Florida, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray - Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 9.E. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint one (1) regular member to the Delray Beach Housing Authority to serve a four (4) year term ending March 6, 2014. Based an the rotation system, the appointment will be made by Commissioner Gray (Seat #4). Mrs. Gray moved to appoint Sandra Owens as a regular member to the Delray Beach Housing Authority to serve a four (4) year term ending March 6, 2014, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -~ Yes; Mrs. Gray - Yes. Said motion passed with a 5 to 0 vote. 9.F. APPOINTMENT TO THE GREEN TASK FORCE: Appoint one (1) alternate member to the Green Task Force to serve an unexpired term ending July 31, 2011. Based on the rotation system, the appointment will be made by Mayor McDuffie (Seat #5}. Mayor McDuffie stated he wished to appoint Chloe Bedenbaugh as an alternate member to the Green Task Force to serve an unexpired term ending July 31, 2011. Mr. Frankel so moved, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray - Yes; Mayor McDuff e -Yes. Said motion passed with a 5 to 0 vote. 9.G. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one (1) student member to the Neighborhood Advisory Council to serve an unexpired term ending July 31, 2010. Based upon the rotation system, the appointment will be made by Commissioner Gray (Seat #4). Mrs. Gray moved to appoint Luke Eliopoulos as a student member to the Neighborhood Advisory Council .(NAC) to serve an unexpired term ending July 31, 2010, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos - 22 03/02/10 Yes. Said motion passed with a 5 to 0 vote. 9.H. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1} alternate member to the Board of Adjustment to serve an unexpired term ending August 31, 2011. Based on the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2), Mr. Fetzer moved to appoint Harvey Starin as an alternate member to the Board of Adjustment to serve an unexpired term ending August 31, 2011, seconded by Mr. Eliapoulas. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -- Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 9:39 p.m., the Commission moved to Item 11.B., Comments ar~d Inquiries on Non-Agenda Items from the Public. 11.B. From the Public. 11.B. From the Public. 11.B1. Emmanuel Guerrier, 715 Avenue Chaumont, De1raY Beach, FL 33445 (Chatelaine), stated the Commission voted against the special tax of $60.00 in December 2009; however, this matter keeps dragging on. Mr. Guerrier stated he has lived in Chatelaine for over 18 years and since that time a small group of individuals has been trying to impose a homeowners association and recruit members to pay their dues but no one did. He stated Chatelaine tried to impose a wall on the community that would have cost the residents $3,000.00-$6,000.00 and it was rejected. Mr. Guerrier stated in January he went to a meeting and they are coming up with a new proposal for the City to came up with the $60.00 on the water bill. He stated a petition was circulating around Chatelaine whether or not residents would like a homeowners association or not. Mr. Guerrier stated there is no homeowners association in Chatelaine and commented that he has received threats and a nail was purposely placed into the tire of his car. 11.A. Ci Maua er's res onse to rior ublic comments and in uiries. The City Manager stated at the last meeting Pauline Moody complained about some drug activity on S.W. 8~' Avenue. He stated both Carnmunity Patrol and the Community Response Task Force have been working this area anal the complaint seems to have validity. The City Manager stated there will be an ongoing investigation until the problem is eradicated. Secondly, the City Manager stated Mr. Clifford Wright expressed some concern at the last meeting about how the City's purchases are awarded. The City Manager stated the City awards contracts for products and services through competitive sohcrtat~on and with the criteria of being but not limited to lowest responsible and responsive bidder. He stated solicitation was advertised in The Palm Beach Past and 23 03/02/10 DemandStar.com which is an online bid notifcation service and posted in several areas of City Hall and hard copies of the advertisement are mailed out to all vendors that are in the City's vendor database and listed with the requested commodity code for the project. The City Manager stated local vendors are encouraged to register with the City so that they maybe receiving the information in a timely manner. The City vendor applications can be obtained from the Purchasing Department or online at mydelraybeach.com. The City Manager stated the City has also updated its vendor maintenance file to capture certified MBE and WBE vendors that are registered with the City. He stated the one thing the City did a couple of years ago and the City is working with Alberta McCarthy to do this again is to have informal presentations for vendors doing business with the City to help them with the vendor registration process, the bid process, awards, and the importance of being certif ed as MBE and WMBE. The City Manager stated this will be done far our local business organizations. The City Manager stated the City has a minority business policy and one of the things we are supposed to do is generate an annual report. He stated he looked at the. period of October 1, 2408 through February 18, 2010. The City Manager stated the City Commission made 138 bid awards and lb of those are awarded to minority certified businesses. Therefore, the City Manager stated a little more than 10 percent. The City Manager stated the City is going to do a better job of capturing data without minority businesses that the City does business with and also making some more efforts to educate people about how to do business with the City. Mr. Eliopoulas asked if the City has ever put in its RFP's to have a minimal amount of minority participation. The City Manager stated the City does not have that requirement and the City's bid awards are based on price and quality. The City's effort has been to try to encourage minority businesses to bid and educate them on how to do business with the City and how to register with us. 12. FIRST READINGS: A. None 13. Comments and In uiries on Non-A ends Items from the Ci Mona er Ci Attorne and the Ci Commission 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. Ci Mana er The City Manager stated the Palm. Beach County League of Cities Installation Gala Luncheon will be held on May 28, 2010. Secondly, the City Manager stated he received a letter from Dr. Kathy Weigel, Principal of Atlantic High School, with a brochure highlighting the impact of the career academies in Palm Beach County and thanked the City of Delray Beach for its participation. 24 03/02/10 He stated Commissioner Gray and Commissioner Frankel expressed concerns about the danger aver customers sitting on the curb at The Office restaurant on N.E. 2"d Avenue. The City Manager stated staff has met with the owner a couple of times regarding the requirement to maintain the five foot pedestrian access. He stated staff will be scheduling another meeting to discuss the potential for danger that the curbside tables create for customers and will offer a couple of solutions in dealing with that. Otherwise citations will be issued appropriately and if a business receives three citations in one calendar year, the sidewalk cafe permit can be revoked. The City Manager stated the owner in the past has expressed a desire to cooperate to ensure that its customers are safe. The City Manager stated Commissioner Eliopoulos had questioned people being charged for parking at the library during the Garlic Fest. The Police Explorers were given permission to man and charge far parking in the South County Courthouse Garage and the Old School Square Garage during the Garlic Fest. The City Manager stated they were not supposed to charge for the library surface lot but they did. He stated if they had not done this there probably would have been enough free parking for library patrons. The City Manager stated staff will be sure that this does not happen in the future. Mr. Eliopoulos stated a comment was made to the Ca~nmission about making sure that there is proper signage to make people aware that if they go to the library that the surface parking lot is free. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer stated he was at a Candidate Forum in the NorthwestlSouthwest area and minority businesses were the major issue that was discussed. Secondly, Mr. Fetzer commented about the memo from Officer Chuck Jeroloman. Mr. Fetzex stated the tennis week was great. He stated downtown was very busy and he tried to paxk in the parking garage on Saturday night, February 20ti' and Sunday night, February 21St and the garage was completely full. Mr. Fetzer stated it was great to see the garage utilized like that and he feels the tennis tournament was a major success this year. 13.C.2. Mr. Eliopoulos Mr. Eliopoulos stated he attended the forum that Mr. Wright made reference to and was also at the one previous where it came up. Mr. Eliopoulos stated he 25 03/02/10 is fine with nninority participation and emphasized that he bases everything on qualifications. He concurred with the City Manager that there be a system in place to help people get qualified. Secondly, Mr. Eliopoulos commented about the email aver the weekend regarding Waste Management. Mr. Eliopoulos stated one of the things he talked to the City Manager about is that when you are up at the dais as a Commissioner, especially when you get started, it is a strained position because it is a part-time job and yet in theory the Commission is the boss of the City Manager and the City Attorney. Mr. Eliopoulos stated it is very difficult to be the boss of someone when you do not really know what they do. He stated in his office, he is the boss and knows exactly what someone is supposed to do and what they don't do so he can take charge where he thinks it needs to be done. Mr. Eliopoulos stated part of being a City Commissioner, you not only have to learn this job but you also have to learn what staff does. In his opinion, Mr. Eliopoulos stated with regards to Waste Management and the UDAG loan-with Auburn, this Commission does seem to take the burden on the votes. Mr. Eliopoulos stated the Commission votes on the direction of staff and whether the public is happy or not, the Commission takes the hit. He stated normally the City will respond saying that is what the Commission directed staff to do. Mr. Eliopoulos stated he is fine with that task; however, for him it is learning once again what our roles are. Mr. Eliopoulos stated he feels the City Manager is the Chief Administrator. When dealing with Waste Management as much as he has said publicly that the City Commission and staff failed, in essence, unfortunately the administration failed because we have an issue that we could not resolve but should have been resolved a year ago. Mr. Eliopoulos stated he does not like a resident leading the Commission in any direction and he does not feel this Commission should be a pinball as far as responding, reacting, and going with staff. Mr. Eliopoulos stated the City Manager's letter was not upfront the way he wanted to see it. Mr. Eliopoulos stated he was upset with the way the City Manager's letter was given back to the Commission and was more disappointed in the City Manager's response. Mr. Eliopoulos stated he expects more from the City Manager when he is emailing a response back to the Commission. Mr. Eliopoulos stated the Commission is being dictated by a resident and the appearance was that staff was getting dictated by Waste Management. Mr. Eliopoulos stated the Commission is in the lime light as failing and he does not believe this Commission has failed. He stated when the Commission made a "na confidence vote" he thought it was clear. Mr. Eliopoulos stated if Mr. Butch Carter from Waste Management is saying there is a letter that he feels is slanderous that is so important that it should be brought to the attention of the Commission. He stated the Commission should have been made aware of this. Mr. Eliopoulos stated the night the Commission appointed Rich Reade he thought they actually had a name in front of them that was going to be dealing with Waste Management. Mr, Eliopoulos stated the City Manager and the City Attorney serve to the Commfssion's pleasure and the Commission is the bass anal they need to be treated with respect and vice versa. 26 03/02/10 13.C.3. Mrs. Gray Mrs. Gray discussed the amount of signatures Commissioners need to qualify for the election. She stated obtaining 410 signatures (1% of the registered voters) is a lot of and suggested that the number of signatures be less. The City Manager stated this is in the City Code and the Commission would have to pass an ordinance amending the Code if they would like to see this changed. Secondly, Mrs. Gray stated the CCR Program and the Police Department sponsored a black history month essay contest last night. She stated this was very well attended and she thoroughly enjoyed it. . Mrs. Gray stated the tennis tournament was awesome. Lastly, Mrs. Gray thanked the City Manager because she is the one who asked for some type of program, plan or study for the minority contractors. 13.C.4. Mr, Fxankel Mr. Frankel stated he would like to know about the events that are going on so that he can participate. Secondly, Mr. Frankel commented on Officer 7eralaman's memo and he read the City Manager's response and believes it is appropriate. Mr. Frankel stated the Police and Fire Pension Board's Attorney wrote a memo with some information regarding the miscalculation of annual salary increases. Mr. Frankel stated another issue that ties in with the tennis tournament is the parking at the South County Courthouse and there are a few people now using the back lot. Evidently, Mr. Frankel stated the employees are being asked to buy transponders to park in that lot and they do not all want to. He stated there are a lot of spaces being used by a few cars and there were a lot of cars in the parking lot over the last week because of the tennis. Mr. Frankel stated it seems that there is a staff parking lot that is not being used by staff, a library parking lot and a courthouse visitor parking lot that is going to be tied up. Lastly, Mr. Frankel stated the tennis tournament was a great success. He commended Mark Baron for having the Champions Tour and stated it was a key component to their record attendance. Mr. Frankel gave kudos to all of those people who helped make the tennis tournament a huge success. The City Manager stated the memo is accurate and correct. He stated there was a misunderstanding o~ the staff that administers the plan about when people can start drawing benef is if they leave before completing 20 years of service. 27 03/02/10 13.C,5. Mayor McDuffie, Mayor McDuffie stated this was the best tennis tournament. He stated the Champions Tournament was so worth it. He stated a restaurant manager walked up to him and mentioned that they were smothered in business. Mayor McDuffie stated the response from the merchants on Atlantic Avenue was fabulous. Secondly, Mayor McDuffie stated last Monday he had the opportunity to go with Lieutenant Tabeek to Atlantic High School where they presented Atlantic High School with a $1,000 donation for "Get Caught Reading". Mayor McDuffie thanked the Fire-Rescue Department for their donation to Atlantic High School. Mayor McDuffie wished Commissioner Fetzer good luck next Tuesday and reminded everyone to vote in the Election. Lastly, Mayor McDuffie stated he is on the Palm Beach County League of Cities Lobbyist Registration Committee and they have now finalized that deal with Palm Beach County so they will now piggyback their lobbyist registration. Mayor McDuffie stated because of the fees the County is charging ($25.00 fee for registration) ,there is substantial money in the registration system and at this point it looks like it is going to cost the League of Cities nothing. He stated at that point it should also cost the City of Delray Beach nothing for the lobbyist registration system. Mayor McDuffie stated it will be web front ended and there are also searches that can be done, etc. He stated they expect to have it up and running by the end of the year. There being no further business, Mayor McDuffie declared the meeting adjourned at 10:18 p.m. ~. City Clerk ATTEST: MAYOR 28 03/02/10 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 March 2, 2010, which Minutes were formally approved and adopted by the City Commission on March 16, 2010. 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. 29 03/02/10 IN THE CITY G~MMISSION CHAMBERS 4F THE CITY DF DELRAY BEAGH, FLORIDA ORDER OF THE CITY COMlV115SION OF THE CITY OF DELRAY BEACH, FE.ORIDA WAIVER REQUESTS FOR PUTT'N AROUND DELRAY 1. These waiver requests came before the City Commission on March 2, 2Dt0. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for Putt'n Around Delray. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: A. Waiver to Landscape Setback Along NE 5~h Avenue. Per LDR Section 4.3.4{H){6)(b){2), a 10-foot special landscape setback is required along NE 5th Avenue. This area is not required between the building and the right-of way. However, it is required from the buifdir~g to the north end of the property, The proposed fence, pavilion, and golf course encroach into the required special landscape setback. Pursuant to LDR Section 2.4.7{B){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 signifiicantly 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 far another applicant or owner. Does the waiver to Section 4.3.4(H}(8)(b)(2) to allow the proposed fence, pavilion, and golf course to encroach into the required special landscape setback meet all the requirements of 2.4,1(B}(5)? Yes / No City Commission Meeting on March 2, 2010; item 9.A. B. Waiver to Minimum Transparency or Glass Surface Area on the Ground Floor Wall Area of All Nonresidential Buildings. Per I..DR Section 4.8.18(B)(14}(ivj(2), the minimum transparency ar glass surface area on the ground floor wall area of all non-residential and mixed-use buildings shall be a minimum of 75% of the wall area for that elevation. Ali storefronts or glass areas abutting the street shall be transparent, non-solar or non-mirrored, and have a light transmission reduction of no more than twenty percent (2Q%}. The proposed building does not provide the required transparency since only 19,7% is provided. Pursuant to LDR Section 2.4.7(B)(b), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shaft not adversely affect the neighboring area; (bj Shaii not significantly diminish the provision of public facilities; (cj 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 to Section 4.fi.18(B}(1~)(iv}(2) to allow transparency of 18.7% meet all the requirements of 2.Q~.7(B)(5)? Yes ~ No C. Waiver to Building Frontage Requirements. Per LDR Section 4.4.13(F}(4j(b)(1 j, the following table indicates that portion of the development which does not comply with LDR' Section 4.4.13(Fj(4) of the Central Business District (CBD) zoning district: Roadf Building Side Building Het ht g % Building Frontage (min/max) Required Setback fie aired Bu l+ ding ~ Frontage a#. #~ropased ~ - - Building ~ Frontage Cpmpliance with LDR ' ~ ~.. ;.. Fte uirsment$7. q Setback . ,. _ Y _ _ ... . ~ NE' S Avenue (Federal t~ighwaY) Ground = 70% 5 min/10' 174.6$` f loor to m1n.190% mIn.1224, 40,66' 249.65' 37' max max. 59' max. apt Fronts 8 City Comrnissian Meeting on March 2, 2410; Item 9.A. The proposed building percentage is 19.5% and the site walls are 12.4% for a total of 31.9%. Therefore, we are requesting a reduction of 38.1 % {70 - 31.9} to this regulation. Pursuant to LDR Section 2.4.7{B}{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 fiacilities; {c} Shall not create an unsafe situation; and, (d} Dves not result in the grant o€ a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant ar owner. Does the waiver to Section 4.4.'13~F}{4}(b){1} to allow a reduction of 38,1% meet all the requirements of 2.4.7(B}(5}? Yes / No D. Waiver to Minimum Br.~ilding Height. Per LDR Section 4.4.13{F}(1 }{a), overall height of buildings shall be a minimum 25 feet and a maximum of 48 feet. The proposed attendant building does not comply with the minimum height since a height of 17 feet 2 inches is proposed. 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} Shaii 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 to Section 4.4.13(F}{13{a} to allow minimum height of 17 feet•to 2 inches meet all the requirements of 2.4.7(B}(5}7 Yes / No E. Waiver from Maximum Roaf Eave Encroachment into Setback. Per LDR Section 4.4.13(F}(8)(c), roof eaves are allowed to encroach up to a maximum of 4 feet into the required setback. The proposed roof eave encroaches 5 feet into the required setback along Federal Highway. 3 City Commission Meeting on March 2, 2010; Item 9.A. Pursuant to LDR Sectivn 2,4.7{B)(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 pub#ic 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 to Section 4.4.13{F}{$}{c) to allow the roof eave to encroach 5 feet into the required setback along Federal Highway meet all the requirements of 2.4.7(8}{5}? Yes ~ No F. Waiver from Maximum Fence Height. Per LDR Section 4.fi.5(C), a maximum height of 6 feet is required for walls, fences, or hedges in the required front yard. The proposed fenceltreflis alone Federal Highway is 11 feet 2.5 inches high. Pursuant to LDR Sectivn 2.4,7{B}(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 properly for another applicant or owner. Does the waiver to Section 4.6.5{G} to allow a fenceftrel#is along Federal Highway that is 11 feet 2.5 inches high meet ail #lte requirements of 2.4.7{B}{S)? Yes ~ No G. Waiver from Minimum Floor Height. Per LDR Section 4.4.134E}(1){c}, the minimum floor height is 10 feet for the ground fluor and 9 feet for all other fivers. The proposed attendant building provides a ground f#oor height of 12 feet $ inches and 7 feet far the upper floor. 4 City Commission Meeting on March 2, 2040; Item 9.A. 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 nat 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. E)oes the waiver to Section 4.4.13(F)(1)(c) to allow a ground floor height of 12 feet 8 inches and 7 feet for the upper floor meet all the requirements of 2.4.7(8)(5)? Yes / No 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 prder are consistent with the Comprehensive Plan. 4. The Gity 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 l'tndings. 5. Based on the entire record before it, the City Commission approves / denies the waiver request.to LDR Sections 4.3.4(H){6)(b)(2), 4.6.18(8)(14){iv.)(2), 4.4.13(F)(4)(b)(1 }, 4.4.13(F)(1){a}, 4.4.13(F)(8)(c}, and 4.4.13{F){1 }(c). 5 City Commission Meeting on March 2.2010; I#em 9.A. • ~~ r 6. Based on the entire record before it, the City Commission hereby adopts this Order this 2nd day of March, 201 p, by a vo#e of 4 in f vot~ and 0 opposed. ; 2~ *.r,,. ATTEST: Nelson S. McDuffe, Cheveile Nubin, City Clerk fi City Commission Meeting on March 2, 2090; ifem 9.A. FORM 8B MEMORANDUM C)F VOTINO CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LA5T NA1AE-~F[RST NIiME-MIDDLE NAME NAME OF BOARD, COLfNC1L, COMMISSION. AUTHORITY, OR GnMMITTEE EL~.opoellns, Gary Delray Beach Citg Comm3.ssiflnl MAILINCC ADDRESS THE BOARD, COUNCrL, COMM15510N, AUTHORITY Ori COMMITTEE ON 2115 George Bush Boulevard wHrCH I SERVE ]S A UNIT OF: CITY COUNTY CITY OCOUNTY QOTHERLOCALAGENCY Del~[a Beach, ~`larld<a 33+44 Palm Beach NAME OF POLITICAL SUBDMSION: l ~ B ~ 1} h ~~ e r . eac - ~ DATE ON WHICH VOTE OCCURRED MY PO5rrION IS: 3/2I2O~.0 ~ .ELECTIVE p APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, pr 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 Secfion -['12.3143, Florida Statutes. Your responsibilities under tha Eaw when faced with voting on a measure in which you have a conflict of interest wit] 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 fhe reverse side and fling the form. INSTRUCTIONS FOR GOMPLIANCE VIIITH SEGTiON 'I'1~.3'f43, FLORIQA 5TATUTES 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 lass. Each elected ar appointed local officer also is prohibited from knowingly voting on a mea- sure wfrich inures to the special gain or loss pf a principal (other than a government agency} by whom tie ar she is retained (including the parent organization or subsidiary p# a corporate principal by which he ar she is retained}; to the special private gain ar loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 563.356 or 163.357, F.S., and officers of independent special tax districts elected vn a one-acre, one-vote basis are not prohibited from voting in that capacity. Far purposes of this law, a "relative" includes only tha afFeer`s father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-irl-law. A "business associate" means any parson or entity engaged in or carrying on a business enterprise with the officer as a partner, joint ven#urer, canwner of properly, or corporate shareholder (where the shares of the corporation are not listed on any national ar regional stock exchange}_ ELECTED OFFICERS: to addition #o abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO 7HE 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 DRYS 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. APPOINTE© 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 file decision, whether orally ar in writing and whether made by you or at your direction. 11= YOU INTEND TO MAKE AMY ATTi=Mp7 70 INFW ENCE THE DECISION PRIOR TO THE MEETING AT WHECH THE VOTE WILL. BE TAKEN: • You must complete and fife this form (before making any attempt to influence fhe decision} with the person responsible for recording tfle minutes of tfle meeting, who will incorporate the farm in the minutes. (Continued on other side} CE F~RA+I 8B - EFF. t124i10 Item 9,A' PAGE t APPOINTED OFFICERS {continued) • A capy of the farm must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the farm is filed. lF YOU MAKE NO ATTEMPT TO INFLUENCE THE t'~ECISI(~N EXCEPT BY DISCUSSION AT THE Ml*ETING: - You must disclose orally the nature of your oonflict in the measure before participating. • You must complete the form and file it; within 15 days after the vote occurs with the person responsible for recarding the minutes of the meeting, wha must incorporate the farm in the minutes. A copy of the form must be provided 'smmediately to the other members of the agency, and the farm must be read publicly a# the next meeting after the form is filed. ©ISCL05URE OF LOCAL C}FFICER'S INTEREST t, Gary Elaopaulos ~~ hereby disclose that an March 2 , 2p10 (a) A measure came or wits come before my agency which (check one) xg inured to my special private gain or loss; ~, inured to the speoiat gain or lass of my business associate, inured to the specia[ gain or lass of my relative, inured to the special gain or lass of wham I am retained; or inured to the special gain ar loss of is the parent organizafian or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting in#eres# in the measure (s as follows: I ha~re an ongoing professional, business relationship vrith the existing owner of the property. Date Filed 1fD by which NOTICE: UNDER PRDVI510NS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED l3Y DN>= OR MORE OF THE FOLLOV+lING: IMPEACHMENT, REMOVAt_ OR SUSPENSION FRAM OFFICE DR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $1t7,t;]0©_ CE FOF2M 88 - EFF. 1I200o PAGE 2 FORM 8B MEMORANDUIVI OF VOTING CONFLICT FOR COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME--F{RST NAME MIDDLE NAME NAME OF BOARD, COUNCIL, COMMIS510N, AUTHOWTY, aR COMMITTEE i~~.~l.op~~ias, Carp Delray Beach City CorrmmYSSion MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR CCMMI7TEE ON ZQS Gear a Bush Bnule~rard WHICH J SERVE IS A UNIT oF: CITY COUNTY CITY ^ CaUNTY Cl pTHER LOCAL AGENCY Delray Beach, l~'1.arida 33444 ~ Palm Beach NAME OF POLITICAL SUaDIVI5€ON: Cirtp of Delray Beach DATE ON WHICH VOTE OCCURRED MY POSITION IS: 3~2~2U1O gS7 ELI=C7IVE ^ APPOINTNE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, ar other local level of govemment on an appointed or elected board, GOUnGIi, 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 112.31}3, Florida Statutes, Your responsibilities under the law when faced with voting o» a measure in which you have a conflict of interest will vary greatly depending an whether you hold an elective ar appointive position. Far this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMRLIANCE WITH SECTION '1'32.,3143, FLORIDA STATUTES A person holding elective ar appointive county, municipal, or other [ocai public office MUST At35TAlN 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 msa- sure which inures to the special gain ar loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization ar subsidiary of a corporate principal by which he ar she is retained); to the special private gain or loss of a relative; or to the speeiai private gain or loss of a business associate. Commissioners of community redevelopment agencies under See, '163.356 or 1fi3.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited #rorn 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 ^r entity engaged in ar carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, ar corporate shareholder (where the shares of the corpora#ion are not listed on any nations! or negianal 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 #o 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 #fle person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTEQ OFFICERS: Although you mus# 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. It= YOU INTEND TO MAKE AHY ATTEMPT TO INFLUENCE THE DECIS#ON PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must comple#e and file this form (before making any attempt #o influence the decision} with the person responsible for recording the minutes of fhe meeting, who will incorporate the form in the minutes. Continued on other side) CE FORM 86 - EFF. 112000 Item $. C = Ttem 9.A,..A. PAGE t APPOINTED O[=F[CERS {continued} • A copy ofithe 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 INFLUENCI=THE DEC1SIOtV EXCEPT 8Y LIISCUSSI01~1 AT i"HE MEETE~IG: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the farm and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorpora#e the farm 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 a# the next meeting after the form is Sled. DISCLOSURE OE LOCAL OFFICER`S [NTEREST I Gary Biiopoulvs .hereby disclose that an Mareh 2 , 2g lt} (a) A measure came or will come before my agency which (checEc one) xx 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 lass of__ - _ _ , by whom I am retained; or ,~ inured to the special gain or loss of . wh'sch is the parent organization or subsidiary of a principal which has retained me. {b) The measure be€ore my agency and the nature of my conflicting interest in the measure is as follows: T have an ongb3ng professional, business relationship with the exist=ing owner of the property. Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §'112.3'17, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISH!=D l3Y ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMI=NT, DEMOTION, REDUCTION 6N SALARY, REPRIMANI], OR A CIVIL PENALTY NOT TO EXCEED $18,00©. CE FOF21vt 8B - EFF. 'il2U00 PAGE 2