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08-03-10 Regular City Commission MinutesAUGUST 3, 2010 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, August 3, 2010. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner pied B. Fetzer Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. MCDuffie Absent - None Also present were - David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Matthew Mitchell with Christ Missionary Baptist Church. 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.B., Initiation of Comprehensive Plan Amendment 2010 -1 be moved to the Regular Agenda as Item 9.A.A. and Item 8.I.A(f), Review of Appealable Land Development Board Actions be moved to the Regular Agenda as Item 9.A.A.A. Also, Mr _ Eliopoulos requested that Item 8.1.C. be moved to the Regular Agenda as Item 9.A.A.A.A. and Item 8.11., Award of Bids and Contracts be moved to the Regular Agenda as item 9.A.A.A.A.A. Mr. Eliopoulos moved to approve the Agenda as amended, seconded by Mrs. Gray. 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. S. APPROVAL OF MINUTES: Mrs. Gray moved to approve the Minutes of the Special/Workshop Meeting of July 13, 2010, seconded by Mr. Frankel. 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. 08/03/10 Mr. Frankel moved to approve the Minutes of the Regular Meeting of July 20, 2010, 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. 6. PROCLAMATIONS: None. 7. PRESENTATIONS: 7.A. 241h Annual Delray Citizens for Delray Police Scholarship Presentation - Perry DonFranciseo Perry DonFrancisco, Delray Citizens for Delray Police, stated Delray Citizens for Delray Police is a 501(3)(C) not - for - profit police community relations support group. Mr. DonFrancisco stated the purpose of this organization is to support our Police Department both morally and financially. He stated Delray Citizens for Delray Police co- sponsor annual programs and events that provide interaction between our Police officers and the community they serve. Mr. DonFrancisco thanked the City of Delray Beach for allowing Delray Citizens for Delray Police this opportunity to present the 2010 scholarships to this year's recipients. He stated the recipients are children of Delray Beach sworn officers. Mr. DonFrancisco congratulated tonight's honorees and invited everyone to the 24`h Annual Labor Day Police Challenge on Monday, September 6, 2010. He stated at this event the Delray Beach Police Department will be competing against the Boca Raton Police and the Boynton Beach Police Department. Mr. DonFrancisco stated the events will take place on the public beach and at Boston's Restaurant and the event is free to the public. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify actions of the South Central Regional Wastewater Treatment and Disposal Board at their Quarterly Meeting of July 15, 2010. S.B. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. S.C. RESOLUTION NO. 40 -10: Approve Resolution No. 40 -10 supporting the Beach Renourishment Project. The caption of Resolution No. 40 -10 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING IT'S SUPPORT FOR THE CITY OF DELRAY BEACH 2 08/03/10 RENOURISHMENT PROJECT AND ITS ONGOING FUNDING COMMITMENT TO PROVIDE FOR THE LOCAL MATCH. (The official copy of Resolution No. 40 -10 is on file in the City Clerk's office.) 8.D. CONTRACT CLOSEOUT CHANGE ORDER NO. 1/FINAL / MANCIL'S TRACTOR SERVICE, INC.: Approve a Contract Closeout (C.O. No. 1 /Final) in the amount of a $13,286.59 decrease and final payment in the amount of $1,042.20 to Mancil's Tractor Service, Inc., for completion of the Barwick Road Sidewalk Project 42009 -033. Funding is available from 334 -3162- 541 -63.11 (General Construction Fund: Improvement Buildings - Bikepaths- Sidewalks). 8.E. DI_SASTER RECOVERY_ INITIATIVE (DRD/HOUSING REHABILITATION GRANT /CONTRACT AWARDS: Approve two (2) Housing Rehabilitation grant awards for projects located at 336 S.W. 8h Avenue to CJ Contracting, LLC, in the amount of $20,931.55 and 303 S.W. 211d Avenue to David Thyng, LLC, in the amount of $32,987.10, the lowest responsive bidders, for housing rehabilitation under the Disaster Recovery Initiative (DRI) Program. Funding is available from 118 -1960- 554 -49.19 (Neighborhood Services /Other Current Charges/Housing Rehabilitation). S.F. PROPOSED MILLAGE RATE/DOWNTOWN DEVELOPMENT AUTHORITY: Accept the Downtown Development Authority's proposed millage rate for FY 2011. S.G. INTERLOCAL AGREEMENT/PALM BEACH COUNTY /SHARED USE OF COUNTY FIBER NETWORK: Approve an Interlocal Agreement between the City and Palm Beach County for shared use of the County's Fiber Network. Funding to be available in the FY 2010 -11 budget. S.H. SPECIAL EVENT REQUEST/SUMMER NIGHTS ON THE AVENUE: Approve a special event request for the Summer Nights on the Avenue to be held from 7:00 p.m. to 10:00 p.m. on September 3, 2010; granting a temporary use permit per LDR Section 2.4.6(F) for the closure of AIA from south of Atlantic Avenue to the southern boundary of Boston's on the Beach and approve staff support for security, traffic control and barricading. 8.1. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. AND ITEM 9.A.A.A.A. 8.1 THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A.A. 08/03/10 Mr. Frankel moved to approve the Consent Agenda as amended, 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. REGULAR AGENDA: 9.A.A. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2010- 1: Formally initiate additional items for inclusion in Comprehensive Plan Amendment 2010 -1 pursuant to Section 9.2.1 of the Land Development Regulations. Commissioner Eliopoulos declared a conflict of interest for Items 9.A.A., 9.A.A.A., and 9.A.A.A.A. and stepped down from the dais. Mr. Frankel moved to approve Item 9.A.A. (formerly Item 8.13.), 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. 9.A.A.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period July 19, 2010 through July 30, 2010. Mr. Frankel moved to approve Item 9.A.A.A. (formerly Item 8.I.A.(f), 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. 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 period July 19, 2010 through July 30, 2010. Mr. Frankel moved to approve Item 9.A.A.A.A. (formerly Item 8.I.(c), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Fetzer — Yes. Said motion passed with a 4 to 0 vote. At this point, Commissioner Eliopoulos returned to the dais 9.A.A.A.A.A. CONTRACT AWARD TO DANVERS CONSULTATION AND RESEARCH FIRM: Contract Award to Danvers Consultation and Research Firm in the amount of $30,000.00 for a city wide street light audit to verify historic Florida, Power and Light (FPL) billings and to identify potential credits due to the city. Funding is available from 001 - 3142 -541 -31.90 (General Fund/Street Lighting/Other Professional Services). 4 08/03/10 Victor Majtenyi, Deputy Director of Public Utilities, stated this is a contract award to Danvers Consultation and Research for performing a street light audit. This enables identification of any incorrect data used by FPL in the billing process and resulting quantification of credits due the city. It also provides the City with detailed records of all street light assets for future use which can be maintained and updated as facilities are added. The proposal for a citywide street light system audit and cost analysis is $30,000.00. Mr. Eliopoulos expressed concern that this is the only firm that the City contacted to do this and why did the City not go out to bid for this. The City Manager stated we are not aware of other companies that do this but staff can put out an RFP (Request for Proposal) if the Commission wishes to do so. The City Manager stated the initial proposal was to do it for 33% funds recovered. Mr. Eliopoulos suggested tabling this item and discussing it at a Workshop because he needs more information from staff before voting on this. Mike Danvers, - owner of Danvers Consultation & Research Firm, 2938 Hope Valley Street #105, West Palm Beach, FL 33411, stated they have been working with them since 2005 and FPL has been overcharging all the cities that their firm has done. Mr. Danvers stated they are the sole source and the other cities have been piggybacking off the other cities and that is why Danvers Consultation & Research Firm has been allowed to do this work without getting it bid out. Mr. Danvers stated it is not only audited and entails different work put together in order to get the results that they have been getting and in order to get the credit back from FPL. Mrs. Gray asked if there has been any city that Danvers Consultation has audited that they have not received a result. Mr. Danvers stated the City of Coral Springs did not move forward. Mrs. Gray asked if this is uncommon to not send this out for an RFP. The City Manager stated the City's general practice is send things out to bid but this is not a type of contract where it is required to do so. The City Manager reiterated that staff is not aware of any other firm that does this type of work but if the Commission wishes to put out an RFP staff can do this. Mr. Eliopoulos stated he believes in the concept of this but would still like to table this item and get staff's full report back to the Commission. Mr. Eliopoulos moved to table Item 9.A.A.A.A.A. (formerly Item 8.11.) to the Workshop Meeting of August 10, 2010, seconded by Mr. Fetzer. 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. G 08/03/10 9.A. CONDITIONAL USE REQUEST/NEW CENTURY COURTYARDS: Consider a conditional use request to allow a residential density of up to 22 dwelling units per acre (22 dwelling units per acre proposed) for a proposed mixed use development known as New Century Courtyards at Delray Beach, located on the west side of South Federal Highway, approximately 320 feet south of S.E. 10th Street and north of the Plaza at Delray. (Quasi - Judicial Hearing) Mayor McDuffze read the City of Delray Beach procedures for a Quasi - Judicial Hearing into the record for this item. 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 to disclose. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2010 -054 into the record. Mr. Dorling stated this is a recommendation of approval for a conditional use request to increase the residential density of up to 22 dwelling units per acre for the new century courtyard site which is located at the old Lambert Trailer Park. On April 21, 2009, the City Commission amended the Future Land Use Map for the Floranda Mobile Home Park changing this area from TRN (Transitional) to GC (General Commercial). Also, the City Commission approved rezoning the property from R -1 -A (Single Family Residential), MH (Mobile Home), and POC (Planned Office Center) to PC (Planned Commercial). On August 18, 2009, the Commission considered and approved a Silver Terrace Courtyards Overlay District in the PC zoning district which allowed a residential density of up to 22 units per acre subject to performance standards in the RM (Multiple Family — Medium Density) zoning district and subject to 20% of the units being workforce dwelling units. A new conditional use application has now been submitted for a mixed -use development with a residential density of 22 dwelling units per acre (180 dwelling units) and will also include a Phase Il piece for the office. At its meeting of July 10, 2010, the Planning and Zoning Board considered this request and several people expressed concerns with respect to the proposed development. After significant discussion, the Planning and Zoning Board recommended approval subject to several conditions: (1) that a site plan be processed and approved by SPRAB, (2) that a workforce housing covenant be submitted and approved by the City Attorney, (3) that the required buffer trees along the north and west sides of the property are a minimum height of 15 feet at the time of planting, (4) that the applicant contribute an appropriate sum of money for natural area mitigation, provide the required native habitat on site, or a contribution of both, prior to issuance of a building permit, (5) that the on -site native area be enhanced with additional native ground cover in accordance with direction by the Senior Landscape Planner and that the applicant provide 0 08/03/10 a maintenance plan for this area. Staff recommends approval subject to those five (5) conditions. Michael Weiner & Associates, 10 S.E. 1" Avenue, Delray Beach, FL_ 33444, representing the Applicant, gave a brief PowerPoint presentation regarding the project. Mr. Weiner stated this project is the old mobile home park and it includes the executive quarters right next door. Mr. Weiner stated in getting to this point they had to do land use changes and rezoning that ultimately allowed them to be able to step forward with a conditional use for 22 units per acre. Mr. Weiner stated they are now here for a conditional use request and briefly reviewed the site plan for this project. Mr. Weiner stated the Planning and Zoning Board approved the project and they have met the required findings under Chapter 3 of the LDRs and Section 2.4.5(E). Mr. Weiner noted that they are meeting the workforce housing (Section 4.79) and will make the appropriate contribution of workforce housing for the units that they will be offering and they will be rental units. Mayor McDuffie asked if this is the trailer park where the City has had the Code Enforcement complaints on the sanitary system (i.e. sewage overflow, etc.) and things such as that in the past. The City Manager stated this is correct. Mayor McDuffie stated if anyone would like to speak in favor or in opposition of the conditional use request, to please come forward at this time. Aisha Colon, 307 S.E. 12th Road, Delray Beach, FL 3348.3 (Lambert Trailer Court), stated she has lived here for 13 years and noted that she has an easement which is a private road that comes in from Federal Highway back to the homes. In the original plans there were 11 now there only about four left and she owns two lots. She stated this road has been there since 1948 and they cannot abandon the road because it is a private road. Dr. Victor Kirson, 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 resident of the Board of Directors at Tierra Verde at Delray Beach ch and Vice Chairman of the Police Advisory Board member of the Alliance of Delra Beach Residential Organizations, commented about mixed -use and 36 workforce units and asked if this means low-income government subsidized Section 8 housing. There being no one else from the public who wished to address the Commission regarding the conditional use request, the public hearing was closed. There was no cross - examination. Mr. Weiner gave a brief rebuttal and stated the City's workforce housing is not related to Section 8. Mrs. Gray asked how much the rental units will be. Mr. Weiner stated the rental units will be $900.00 for a one - bedroom. Mrs. Gray asked what the salaries would be for this and whether or not they would be servicing the very low incomes. Mr. Weiner stated they would be in the moderate category and they can service anyone up to the 7 08/03/10 $45,000.00 and they can service anyone below the $45,000.00 level. Mr. Weiner stated you can come in lower than that because the idea is to create a ceiling so that the low rents are not taken up by those people who have larger salaries. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Frankel moved to adopt the Board Order as presented, seconded by Mrs. Gray. 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. At this point, the time being 7:02 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: N.A. PUBLIC COMMENTSIFY 2011 PROPOSED BUDGET: The City Commission will hear public comments, if any, regarding the FY 2011 Proposed Budget at this time. Dr. Victor Kirson 2050 Alta Meadows Lane 92110 Delray Beach FL 33444 resident of the Board of Directors at Tierra Verde at Delray Beach and Vice Chairman_ of the Police Advisory Board), stated Delray Beach has a superior Police force and it tames two things to keep it that way (1) money and (2) an attitude by the Police force showing that they want to work for us and with us. Dr. Kirson stated the actions of the City over the last year by taking away their pay raise, their steps, their overtime, 12 -hour shifts at regular pay rate and the break in their pension, is turning these men into bricks. Dr. Kirson stated at last night's meeting Vice Mayor Frankel asked for $3 million from the reserves to help fund an excellent Police force and he was turned down; Commissioner Gray asked to take what we can from the CRA and she was given a worst case scenario that the City can only get so much and Dr. Kirson stated he would like to know how much the City can get. Dr. Kirson stated the sensible solution is to send the Police force to the Palm Beach County's Sheriff s Office (PBSO) and he would like to know how much of a cost savings this would be for the City of Delray Beach. Dr. Kirson stated if the City has no money then they cannot afford a superior Police work force. Yvonne Odom 3905 Lowson Boulevard Delray Beach FL 33445 stated last week at the meeting she was taken back about some of the comments made about the budget and having to charge non- profits. Mrs. Odom stated she has lived and worked in this community her entire life and noted the non - profits do fundraise. She stated the non - profits need assistance from the city. Mrs. Odom asked that the City check the record because people are not using it and the City cannot use that as a means of revenue. Mrs. Odom stated she recently volunteered for the Roots Festival and the Commission waiving the fee made it affordable and the amount of children that were 8 08/03/10 serviced that weekend was very nice. Mrs. Odom stated as the Commission reviews the budget she urged them to consider carefully the backs of the non - profits. Jayne Stroshein - Rousseau, Realtors Association of the Palm Beaches, thanked the Commission for all their hard work and commitment to the community. Ms. Stroshein - Rousseau stated she knows that the Commission does not want to cut anyone but the reality of it is there might have to be some further cuts made. She stated raising the taxes is not the answer and just perpetuates the problem and makes it worse. Ms. Stroshein- Rousseau stated as taxpayers they expect that the elected officials will make those decisions that they elected them to make. She urged the Commission to keep the taxes as low as possible so that we do not have worse problems in the fixture. Christina Morrison Pearce, 2000 South Ocean Boulevard #307, Delray Beach, FL 334.8.3 (Commercial Realtor), urged the Commission to not increase the millage or taxes in Delray Beach and stated there were several recommendations that were sent to the Commission and the City Manager in the last week by the Financial Review Board (FRB). Ms. Pearce stated if all of the recommendations that the FRB sent were implemented the millage could remain the same. Ms. Pearce stated it is not fair that some employees and departments get raises annually where other employees have received nothing for two years. She stated although the intent not to cut employees is admirable the consequences of this will be that those employees that have not had compensation increases will feel and think that they need to unionize in order to be treated fairly and this is not a message that should be sent to employees. Ms. Pearce stated another consequence will be that the best and the brightest will be lured away by other municipalities or private industry as the economy improves and employers start to hire. She stated property values are not expected to bounce back in the near future so there will be a need to trim again next year. Ms. Pearce, stated it is time to cut some staff thereby trimming employees' salaries, pensions, and benefit costs and use some of those savings to compensate some of the valuable employees that have not had increases over the past few years. She stated city residents are still hurting because of unemployment, underemployment, and under compensation. Some downtown projects are failing because of the difficult economy. Ms. Pearce applauds the City for the savings they have achieved over the past two years and stated she would like to see that continue into this year by not raising the millage and cut the expenses where we can. She urged the City Commission to not increase the millage. Robert Brand retired Police Officer, stated he began his law enforcement career with the City of Delray Beach in 1977 and retired in 2005. Mr. Brand stated the hard work of not only the retirees from the Police Department, the Fire - Rescue Department, and other employees of this city made this city what it is today. He stated when he retired it was not a guarantee but he received a 21/2% cola with a maximum of 4% and because of a recent court decision that is probably going to be reduced. Mr. Brand stated now the retirees might lose their VEBA. Mr. Brand stated after he retired the Police and Fire Pension Board agreed to give the people that were still working a 31/2 % multiplier. He stated he was in the DROP Plan and was informed he was not entitled to the multiplier because he was already retired and he accepted that. However, Mr. Brand stated he does not feel it is fair today to turn around to retirees that accepted that E 08/03/10 decision and say now we are going to either going to reduce your benefits or take it away entirely. Mr. Brand urged the Commission to sit down with the union and come to some kind of agreement that would satisfy everyone including the retirees. 103. ORDINANCE NO. 12 -10: Consider a city initiated amendment to Appendix "A ", "Definitions" of the Land Development Regulations (LDR) to revise the definition of "Pharmacy ". (Staff has requested the item he postponed until the August 17, 2010 City Commission Meeting) The caption of Ordinance No. 12 -10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, BY AMENDING APPENDIX "A", "DEFINITIONS ", TO ENACT A REVISED DEFINITION FOR "PHARMACY ", PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 12 -10 is on file in the City Clerk's office.) The City Attorney stated staff recommends that Ordinance No. 12 -10 be postponed to date certain of August 17, 2010 at 7 :00 p.m. Mr. Eliopoulos moved to postpone Ordinance No. 12 -10 to a date certain of August 17, 2010 at 7:00 p.m., seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. _ MITAL 17 -10: (FIRST READING/TRANS ,._ HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2010-1: Consider on first reading an ordinance adopting Comprehensive Plan Amendment 2010 -1 and associated Future Land Use Map (FLUM) amendments, and authorize transmittal to the State Department of Community Affairs. (Staff recommends that the City Commission postpone action on this item until August 17, 2010) The caption of Ordinance No. 17 -10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2010 -1, PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT ", FLORIDA STATUTES SECTION 10 08/03/10 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2010 -1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 17 -10 is on file in the City Clerk's office.) The City Attorney stated staff recommends that Ordinance No. 17 -10 be postponed to a date certain of August 17, 2010 at 7:00 p.m. Mr. Eliopouios moved to postpone Ordinance No. 17 -10 to a date certain of August 17, 2010 at 7:00 p.m., seconded by Mrs. Gray. 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. 10.D. ORDINANCE NO. 22 -10: An ordinance amending Chapter 51, "Garbage and Trash ", of the Code of Ordinances in order to clarify certain terms and to provide consistency between the solid waste franchise agreement and City ordinances. The caption of Ordinance No. 22 -10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH ", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.01, "DEFINITIONS "; SECTION 51.18, "TYPES OF SERVICES PROVIDED FOR PICKING UP GARBAGE AND TRASH"; SECTION 51.22, "VEGETATIVE WASTE "; SECTION 51.23, "BULK TRASH"; SECTION 51.40, "PLACEMENT OF CONTAINERS AND TRASH; PRECOLLECTION PRACTICES; SECTION 51.70, "REGULAR CHARGES LEVIED "; SECTION 51.71, "PAYMENT AND BILLING"; SECTION 51.77, "UNBILLED PROPERTIES; REMEDIAL MEASURES ", TO CLARIFY THE SERVICES AND BILLING PROCEDURES AND TO PROVIDE FOR CONSISTENCY BETWEEN CITY ORDINANCES AND THE FRANCHISE AGREEMENT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE, 11 08/03/10 (The official copy of Ordinance No. 22 -10 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and noted there are two minor modifications to this ordinance from when the Commission saw this on first reading. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney noted there are two minor modifications to this ordinance from when the Commission saw this on first reading. The City Attorney stated the first change is in Section 51.18(A)(2) to clarify a replacement cart charge to clarify what is actually occurring in the field and the second change is to Section 51.70(C) and that chart talks about the commercial front -load compacting containers. The City Attorney stated when this first came before the Commission the other spots were not filled in and there have been some revisions to the current charges that were in that chart. The City Attorney stated the language in the amendment provides that this is what the City is going to be charging from this point on. Mayor McDuffie declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 22 -10, the public hearing was closed. Mr. Frankel moved to adopt Ordinance No. 22 -10 on Second and FINAL Reading, 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. 10.D.1. AMENDMENT NO. 4/WASTE MANAGEMENT FRANCHISE AGREEMENT: Consider approval of Amendment No. 4 to the Waste Management Franchise Agreement. The City Attorney stated this is the amendment to the Waste Management Franchise Agreement and has outlined the changes in the Franchise Agreement and those changes go hand -in -hand with the changes that staff has made in the ordinance as well. The Franchise Agreement also provides the payment from Waste Management to the City for the amount that was discussed at the July 13, 2010 Workshop Meeting and that provides for that payment as well to the City and the acceptance of the unit counts as agreed upon between City staff and the contractor. Mr. Fetzer stated if the Commission agrees on this amendment then there is no billing adjustment other than what has been agreed to come up with the $26,000.00 net figure. The City Attorney stated by agreeing to this amendment tonight there is language in the amendment that would prevent the City and Waste Management as well of trying to make claims for billing adjustments or billing errors going back. 12 08/03/10 Mr. Fetzer suggested that the Commission table this item tonight until the City can get the public records request to Mr. MaeNamee and then try to bring closure to this once that is done. Mrs. Gray stated she thought at the last time they discussed this they had agreed to move forward and close this chapter at this point. Mr. Eliopoulos concurs with comments expressed by Commissioner Gray. The City Manager expressed concern that what the Commission has provided to Mr. MacNamee in response to the public records request will not answer the question; it may, however he is concerned that it may not. Mr. Frankel commented about the public records request and asked if the $177,000.00 deals with monies he feels Waste Management owes that the City Attorney believes are beyond the Statute of Limitations in this matter. The City Attorney stated the $177,000.00 deals more with a missed payment not so much the Statute of Limitations issue. Mr. Frankel stated this was already discussed at the Workshop meeting and feels this is done. Prior to the vote, the City Commission allowed Mr. Butch Carter from Waste Management to speak. Butch Carter, Waste Management, stated they have been through an extended process and he is reserving Waste Management's rights to continue to look back also because there are some other things that Waste Management can look at. Mayor McDuffie stated this has been a job well done and Mr. MacNamee needs to be recognized for being the person who began this. Mayor McDuffie stated it has made the City's accounting system better, has made us much more accurate, and he feels it is time to move ahead with this. Mr. Fetzer moved to table to September 7, 2010, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Gray — No; Mayor McDuffie — No; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — No. Said motion to table was DENIED with a 3 to 2 vote, Commissioner Eliopoulos and Commissioner Fetzer dissenting. Mr. Frankel moved to approve the Amendment No. 4 /Waste Management Franchise Agreement, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Eliopoulos — No; Mr. Fetzer --- No; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 3 to 2 vote, Commissioner Eliopoulos and Commissioner Fetzer dissenting. 13 08/03/10 10.E. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FIVE YEAR CONSOLIDATED PLAN FY 2010 -2015 AND CONSOLIDATED ANNUAL ACTION PLAN FY 2010 - 2011: Consider approval of the CDBG Five Year Consolidated Plan FY 2010 -2015 and Consolidated Annual Action Plan FY 2010 -11 as required by the United States Housing & Urban Development Department (HUD) for utilization of federal grant funds. Lula Butler, Director of Community Improvement, stated this item is for the approval of the Five Year Consolidated Plan governing years 2010 -2015 and the City's Annual Action Plan for fiscal year 2010 -11 under the approved Community Development Block Grant Program. Mrs. Butler stated the City is an entitlement under the Housing Act of 1974 and the City has been that since 1986 and each year there is an annual allocation that comes before the City. She stated HUD requires that in order to establish a budget for the use of those dollars that we include the public in this process. The Neighborhood Advisory Council (NAC) hosted a -meeting on May 24, 2010 where they invited the HOA Presidents to give their input and they did not recommend any changes for what staff was proposing. Mrs. Butler stated this year the annual grant will be for administration, housing rehabilitation, public infrastructure improvements, and public service for a total budget of $627,402.00. Mrs. Butler stated the City has a tremendous amount of commitment to doing sidewalks and staff has revised some of the unspent money to also address some sidewalks (approximately $200,000.00 this year in sidewalks) within the CDBG target area established between 1 -95, Federal Highway, Linton Boulevard, and Lake Ida Road. Staff requests that the Commission approve the Five Year Annual Consolidated Plan and the Annual Action Plan governing the use of these dollars. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding this item, the public hearing was closed. Mr. Eliopoulos moved to approve the Community Development Block Grant (CDBG) Five Year Consolidated Plan FY 2010 -2015 and Consolidated Annual Action Plan FY 2010 -2011 as required by the United States Housing & Urban Development Department (HUD) for utilization of federal grant funds, 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 McDuffie — Yes. Said motion passed with a 5 to 0 vote. 10.F. RESOLUTION NO. 37 -10 /CONTRACT FOR SALE AND PURCHASE /2 S.W. 5 TH AVENUE: Consider approval of Resolution No. 37 -10, a Contract for Sale and Purchase between the City and Community Redevelopment Agency (CRA) for the property located at 2 S.W. 5'h Avenue in the amount of $10.00. 14 08/03/10 The caption of Resolution No. 37 -10 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO ACQUIRE CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE FROM THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, SELLER, AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 37 -10 is on file in the City Clerk's office.) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated this resolution is for the sale and purchase of the West Atlantic Avenue Public Plaza to the City of Delray Beach from the Community Redevelopment Agency (CRA) and as a sub -item to this there will be an Interlocal Agreement that provides that the CRA would retain the right to fiend and select an artist to fabricate one art component in the park and that the City would have all future maintenance responsibilities for this park. Mayor McDuffie declared the public hearing open. Christina Morrison Pearce, 2000 South Ocean Boulevard #307. Delray. Beach, FL 33483 (Commercial Realtor), stated the CRA wants to give the City another park with no ancillary funding to carry that park forward so therefore it is going to create another onus on the City's budget. Ms. Pearce asked why the CRA does not keep this since it is in their district and they can maintain it. There being no one else from the public who wished to address the Commission regarding Resolution No. 37 -10 or the Interlocal Agreement with the Community Redevelopment Agency (CRA), the public hearing was closed. The City Manager stated the City put it in the Clean & Safe request to the CRA and they did approve that request with some funding in it for the maintenance of this park going forward. The City Manager explained that the CRA is helping to fund the future maintenance. 15 08/03/10 Mrs. Gray moved to approve Resolution No. 37 -10, 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. 10-F.I. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA): Consider approval of an Interlocal Agreement with the Community Redevelopment Agency (CRA) regarding West Atlantic Avenue Public Plaza (2 S.W. 5"' Avenue); contingent upon approval of Resolution 37 -10 and the Contract for Sale and Purchase. The City Attorney stated the CRA retains the right to fund an art piece in the park and that the City will maintain the park after it is transferred to the City. Mr. Eliopoulos moved to approve the Interlocal Agreement with the Community Redevelopment Agency (CRA), 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. At this point, the time being 7:47 p.m., the Commission moved back to Item 9.B. of the Regular Agenda. 9.B. PROPOSED MILLAGE RATE: Consider approval of a proposed millage rate for FY 2011, and set the budget review and adoption schedule. The City Manager stated last night he presented options to the Commission for balancing the budget in addition to those that were discussed a few weeks ago and he showed how the budget could be balanced with two- tenths of a mill increase and approximately $2.7 million in concessions from employees. The City Manager recommends setting the proposed millage at 7.59 mills to give some room in case the City is not able to work out the concessions that have been discussed up to this point. The City Manager stated additional Budget Workshops have been scheduled for August 24, 2010 and August 31, 2010. Mr. Fetzer stated he has received emails from employees on this regarding transferring Police & Fire services to the County. He stated he requested in an email to the City Manager that this issue be discussed early on in the budget sessions. Mr. Fetzer stated prior discussions that they have had have left him with the impression that there are not millions of dollars to be saved by doing this and there is a lot of intangible issues associated with losing the control of Police and Fire. Mr. Fetzer stated we have a responsibility to the public safety to settle this issue because there is the perception that there are millions of dollars that we could save by turning over Police and Fire to the County. The City Manager stated if the Commission would like to pursue this or the Commission should vote to ask the Sheriff for a proposal. 16 08/03/10 Mrs. Gray agrees that the Commission should ask for a proposal. Mr. Frankel stated he feels it needs to be specified that Police and Fire need to be separate. He stated he would be in favor knowing that it is a proposal only. Mr. Frankel stated the City of Tamarac saved $9 million and there are pros and cons both ways. Mr. Frankel stated feels the City of Delray Beach has a financial responsibility to get a report at no cost. Mr. Eliopoulos stated as a citizen of Delray Beach he does not want to see our Police leave. Mr. Eliopoulos stated the proposal is not going to be a long -term proposal not long enough to offset the cost and endure what could be lost in the community. Mr. Fetzer stated he would only consider this if this is a long -term economic decision. Mr. Fetzer stated the City loses its identity by not having its own Police and Fire Department and feels that our Police and Fire Department do an excellent job. Mr. Frankel stated there is a different identity with Police and Fire even though they are both very important. The City Manager stated it would cost $5 million more to taxpayers to give fire services to the County because the City would lose all the revenues it currently receives for our Fire Department (revenues from Highland Beach and Gulf Stream and from EMS transport, hazardous material contract, and inspection fees would all go away because it would all become the County's). Mayor McDuffie commented about the MSTU's (Metropolitan Service Taxing Units) and Fire Rescue is one of the MSTU's so they have a millage rate that they assess. Mayor McDuffie stated if you live in the County or live in one of the cities that have asked Fire to come in and take over; you are paying that MSTU tax. He stated it is published like the City's millage rate so it is easy to go through the Fire Department and calculate that. However, Mayor McDuffie stated Mr. Bradshaw does not bill out through millage rates and noted it's an agreement between the City and the Sheriff's Department. Mayor McDuffie stated he is opposed to giving away our Police Department to somebody else. Mayor McDuffie stated he rides with the Police officers on a regular basis and commended the Community Policing division. He referenced an incident where he rode with the Police Department for the first time and was impressed with the way it was handled. Mayor McDuffie stated the people in the neighborhoods know and trust our Police officers. He stated when you are policing 2,220 square miles instead of 16 square miles something gets lost in that. Mayor McDuffie stated he is willing to ask Sheriff Bradshaw for a quote with service levels but feels it needs to be made long -term (no less than five years). Mayor McDuffie stated the intangible things are going to be the example he gave of the situation in the street at the early hours of the morning on a weekend that he watched the Police officers break up the crowd without touching anyone. He stated Community Policing was started a long time ago in this community and they have proven that it works well and he would hate to lose that. 17 08/03/10 It was the consensus of the Commission to have this item brought back to City Commission as a Special Meeting item on August 10, 2010. Mrs. Gray asked if the City Manager knows of any municipalities where their Fire and Police have gone to the County and regretted it and have tried to come back to the city. The City Manager stated he is not aware of that in this county. However, the City Manager stated in Broward County there was discussion with the City of Pompano about bringing back their own police and in Dade County there have been a couple of cities that have brought back their own police at a great cost. The City Manager stated either Pompano or Deerfield made the decision to give their Police to the County but they kept their Fire because of the relationship the paramedics had with some of the retirement communities. The City Manager stated when Lake Worth went to the Palm Beach County Sheriff's Office that they actually ended up paying them more than they were paying for their own Police Department. Furthermore, the City Manager stated this year they have to cut the number of deputies they get to try to balance their budget. Mr. Fetzer concurred with comments expressed by Mayor McDuffze and feels the proposal needs to be tied to performance standards and a long -term cost picture not just a short-term cost. The City Manager stated the City of Clearwater received a proposal from Pinellas County Sheriff that would save $6 million and they decided against it and that they would rather keep their own department. The City Manager pointed out that this was very recently. Mr. Eliopoulos feels the City would lose control if the Police Department goes to the County. The City Manager recommends setting the millage at 7.59 and this would be four - tenths of a mill above the present millage because of the unknowns in getting some of the concessions that staff has factored in to the lower millage rate. The City Manager stated this would be a 5 1/2% increase in the millage against a 13.7% decrease in your taxable value. The City Manager stated the average resident is still going to see a substantial decrease in their property taxes even though the rate would go up 5 ' /2 %. For clarification, Mrs. Gray asked the City Manager to explain to the residents how the millage can be raised yet save dollars. The City Manager explained that on average the assessments for properties (the values for tax purposes) were decreased 13.7% so if you decrease the value 13.7% and increase the tax rate by 5.5% you have an 8.2% average decrease in property taxes because the taxes are the value multiplied by the rate. The City Manager stated the average property tax will decrease 8.2 %. The City Manager stated there are people who have been protected by "Save Our Homes" who will actually see their taxes go up. Mr. Eliopoulos stated he would like to see the millage rate to be lower; however, he supports the millage at 7.59 as suggested by the City Manager tonight. Mrs. Gray supports the City Manager's recommendation tonight 18 08/03/10 Mr. Frankel respects the City Manager's recommendation but expressed concerns that if he supports the millage rate at the higher number then it will not come down. Mr. Frankel stated he has heard from numerous residents that do not want the millage to go up. Mr. Frankel stated he would like to see the millage kept the same, take money out of the reserves, and go deeper into cuts. Mr. Frankel reiterated that although he respects the City Manager's recommendation he cannot support it. Mr. Fetzer stated he has been an advocate of not increasing the millage rate for a long time. Mr. Fetzer thanked the City Manager for giving the Commission more alternatives to review this time than last year. Mr. Fetzer concurs with comments expressed by Commission Frankel that the Commission needs to be aggressive when they set the cap for the millage rate because then it will be much more difficult to get to that lower level. Mr. Fetzer supports setting the millage at 7.39 with the intent of getting it even lower. Mayor McDuffie stated he supports 7.59 as a preliminary tax rate with the intent of everything trying as hard as they possibly can to get the millage down to 7.19. Mrs. Gray moved to approve the proposed millage rate at 7.59 for Fiscal Year 2011. Motion died to lack of a second. Mr. Eliopoulos moved to approve to set the millage rate at 7.41, 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 — No. Said motion passed with a 4 to 1 vote, Commissioner Frankel dissenting. 9.C. BID AWARD /CONSERV BUILDING INC.: Consider approval of a bid award to ConSery Building, Inc., third lowest bidder; in the amount of $83,688.00 for a three (3) year maintenance and service contract for HVAC Chiller and Tracer Units located at City Hall and the Library beginning in FY 201012011. Funding to be available from 001 - 1802 -512 -46.20 (General Fund: Repair and Maintenance Service/Equipment Maintenance). Victor Majtenyi, Deputy Director of Public Utilities, stated this is an award to Consery Building Services, Inc. for a three (3) year contract for maintenance and repair for the HVAC Chiller and Tracer Units located at City Hall and the Delray Beach Public Library. Mr. Majtenyi stated the apparent low bidder is Stokes Mechanical Contractor, Inc. He stated within ten (10) days of the bid opening Stokes Mechanical Contractor, Inc. noticed that they made an error and asked that the bid be rescinded. Mr. Majtenyi stated they noticed that there was a $6,000.00 discrepancy and one of the contract requirements in the bid was that the contractor has five (5) years experience. The second lowest bidder Stokes Cooling and Heating, Inc. has been in business for Iess than five (5) years and therefore they were disqualified on that basis. Staff recommends awarding the bid to the third lowest bidder, Consery Building Services. 19 08/03/10 Mr. Fetzer moved to approve the bid award to ConSery Building Services, Inc. (third lowest bidder), seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuff e — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 9.D. DISSOLUTION OF BOCA RATON AVIATION ADVISORY COMMITTEE: Commission direction regarding the proposed dissolution of the Boca Raton Aviation Advisory Committee. Ken Day, Boca Raton Airport Authority Manager, stated in his discussions with Highland Beach, they asked why the City wishes to dissolve a successful committee because they met their task and the Town of Highland Beach recommends that the committee stay in place. Mr. Eliopoulos asked how often the committee meets. Mr. Day stated the committee meets once a quarter. Mr. Fetzer stated he has had discussions with Kelli Freeman, President of the Tropic Isles Homeowners' Association, who is very concerned with this as well. Mr. Fetzer stated Tropic Isles had a lot of the same concerns that Highland Beach has with regard to some of the flight patterns and noise issues. He stated they were satisfied with the ability to contact but having a volunteer board puts more citizen input into that process and he supports continuing the committee. Mr. Frankel concurs with comments expressed by Mr. Fetzer and supports the committee. Mrs. Gray asked why the committee has not been able to meet and if they. need new board members. Mr. Day stated the way the committee was established was set up in the by -laws specifically related to mitigation of noise and of that they set various tasks and those were completed. Mr. Day stated suggestions made today with the Town of Highland Beach is that they will develop new tasks. After brief discussion, it was the consensus of the Commission to keep the Boca Raton Aviation Advisory Committee in place. Mr. Eliopoulos moved to keep the Boca Raton Aviation Advisory Committee in place and to not disband it, seconded by Mr. Fetzer. 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.E. SETTLEMENT OFFER IN JOSEPH MITCHELL v. CITY OF DELRAY BEACH: Consider a Settlement Offer in the total amount of $17,500.00 in Joseph Mitchell v. City of Delray Beach. Staff recommends approval. P 08/03/10 The City Attorney stated staff and along with the City's third party adjuster recommends to settle this claim in the amount of $17,500.00 and prior to disbursing the funds that the City would attain the appropriate releases from the plaintiff. Mr. Eliopoulos moved to approve the settlement offer in the amount of $17,500.00 subject to the appropriate releases, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed with a 5 to 0 vote. 9.F. APPOINTMENT OF OUTSIDE COUNSEUDAVID RICKS v. CITY OF DELRAY BEACH: Consider approval to appoint Carson & Adkins, P.A. as outside counsel in the case of David Ricks v. City of Delray Beach at the rate of $215.00 per hour. The City Attorney stated staff recommends appointing Carson & Adkin, P.A. as outside counsel to represent the City in this case. He stated in this particular case there have been some issues raised in the complaint that would create a potential conflict of interest with the City Attorney's office and this is the reason staff recommends appointing outside labor counsel. Mr. Frankel stated he does not have a problem with outside counsel because knowing what is going on it is definitely appropriate. However, Mr. Frankel expressed concern over hiring Mr. Carson because he is a Tallahassee attorney. Mr. Frankel stated the quote of $215.00 per hour is probably fair; the City is paying for travel expenses, hotel, and trips down to the Circuit Court of Palm Beach County. Mr. Frankel asked why the City of Delray Beach does not have a local firm somewhere in South Florida for this. Thb City Attorney stated the City has always used Carson & Adkins, P.A. as its labor counsel. The City Attorney stated he has had conversations with Lucy Turner who is the attorney handling this on behalf of the City and suggested that the City do telephonic hearings and noted there is a hearing tomorrow that she is appearing for by telephone. The City Attorney stated he is trying to mare sure that there will not be the minimal amount of travel if travel needs to be involved. Mr. Frankel stated it is much easier for a Palm Beach County attorney to get things done in Palm Beach County like it is much better for a Broward attorney to do things in Broward as in every other county. Therefore, Mr. Frankel stated it is prudent for the City of Delray Beach to find local attorneys who specialize in labor, etc. The City Attorney stated this not where the City received a claim and then the City would have six months in order to make a determination before they would file suit and then we could go along the progression while we are planning ahead to see if we think we might have to go to outside counsel then we could have outside counsel lined up at that time. The City Attorney stated this was something where it was served and we had a matter of days in order to respond because they were seeking injunctive relief immediately as well as declaratory judgment and that is the reason it is in front of the Court so quickly now. 21 08/03/10 Mr. Frankel moved to approve appointing Carson & Adkins, P.A. as outside counsel in the case of David Ricks v. City of Delray Beach, 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. 9.G. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint one (1) alternate member to the Financial Review Board to serve an unexpired term ending July 31, 2011. Based upon the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1). Mr. Eliopoulos moved to appoint Cheryl Shaffner as an alternate member to the Financial Review Board to serve an unexpired term ending July 31, 2011, seconded by Mr. Frankel. 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. 9.H. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1) student member to the Police Advisory Board to serve a two (2) year term ending on July 31, 2012. Based upon the rotation system, the appointment will be made by Mayor McDuffie (Seat 45). Mayor McDuffie stated he wished to appoint Brittany Smith as a student member to the Police Advisory Board to serve a two (2) year term ending July 31, 2012. Mr. Frankel so moved, 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. 9.1. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular member to the Education Board to serve a two year term ending July 31, 2012. Based upon the rotation system, the appointment will be made by Mayor McDuffie (Seat #5). Mayor McDuffie stated he wished to defer his appointment to the next regular meeting of August 17, 2010. 9.J. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one (1) student member to the Neighborhood Advisory Council to serve a one (1) year term ending July 31, 2011. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). Mr. Fetzer moved to reappoint Diana Ciuca as a student member to the Neighborhood Advisory Council to serve a one (1) year term ending July 31, 2011, 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. 22 08/03/10 11.A. City Manager's response to prior public comments and inquiries The City Manager stated at the last meeting Dr. Kirson had expressed concern about the redevelopment of Carver Estates. The master plan for the redevelopment of the 18 -acres currently owned by the Delray Beach Housing Authority was done through a public partnership process. The City Manager stated the Delray Beach Housing Authority had a mini charrette where citizen, staff and stakeholders were invited to come voice their opinion on the development of the property. The Delray Beach Housing Authority recently issued an RFP (Request for Proposal) in which they invited developer participation to construct senior apartments, rental apartments and affordable single family homes which were all consistent with the outcome of the charrette that they held. The City Manager stated the Delray Beach Housing Authority believes that the mixed unit development is designed to address the multiple needs of the community. The Housing Authority is in the business to address the needs of very low income to moderate - income households. Secondly, at the last meeting Pauline Moody expressed concern about trash and debris around the 10'' Street underpass under I -95, the City Manager stated this area was cleaned the following day. Furthermore, the City Manager stated there was some concrete in the road that Public Works cleaned up and the trash is cleaned up Monday through Friday by 11:00 a.m. by the City's contractor. He stated the area is mowed and weed wacked weekly and monitored daily by Park Maintenance. Lastly, the City Manager stated Mrs. Finst expressed concern about the gate to the public parking lot at the Marriott Hotel being closed. The City Manager stated the gate is closed at a certain time of the evening as are all of the City's parking lots on the beach. However, that particular lot you can come in the front entrance of the Marriott and park because it is still public parking. The City Manager stated it is just the direct gate entrance is closed. The City Manager stated any parking that the Seagate has that would be available to the public would be for a fee like the Marriott parking lot is but there is no free public parking or public parking at public parking rates. I I.B. From the Public. 11.B.1. Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, stated the parking lot at the Marriott Hotel that she was referring to is on the west side (Andrews Avenue and Atlantic Avenue) not the lot where you go in and put the parking meter money in but the one on the backside that was supposed to be open to the public. Mrs. Finst stated it was closed at approximately 3:00 p.m. on a Sunday afternoon and recalls this being designated many years ago as public parking. Mr. Eliopoulos stated FDOT was actually going to do turn lanes on Atlantic Avenue and take parallel spaces off Atlantic Avenue when they originally did the Holiday Inn. Mr. Eliopoulos stated this did not happen and therefore it is the hotels parking. 23 08/03110 The City Manager stated the City does not own this lot; it belongs to the Marriott and they can block it off anytime they want to. He stated this has been researched and they are under no obligation to keep this lot open to the public, Mrs. Finst asked who is monitoring the parking at the Marriott where the meters are. Mr. Frankel stated the Citizen's Observer Patrol (C.O.P.) monitors the meters. 11.B.2. Pablo Del Real, 521 Southridge Road, Delray Beach, FL 33444, stated at the last Planning and Zoning meeting the Board members voted to change the zoning of largest undeveloped piece of property in Delray Beach (S.W. 4th Avenue at the corner of Linton Boulevard). Mr. Del Real expressed concern over this vote because his understanding is that this is currently residential and the proposed change is from RM (Medium Density Residential) to GC (General Commercial). He stated the owner is looking for national level tenants for that area and for every dollar that is spent at a national chain store .86 cents leaves the state. Mr. Del Real stated the funnel of money out of the community is one issue and the second concern is safety. He stated they are saturated with commercial activity and it is a dangerous intersection if you try to cross. Mr. Del Real stated if you hit the pedestrian button to cross the street from S.W. 4th Avenue across to either side you do not have enough time to get across and the environmental impact of the GC (General Commercial) zoning for that area is a concern. Mr. Del Real inquired about this proposal and what the requirements are for it to be approved. The City Manager stated staff can get a more extensive answer from the Planning and Zoning Department. 12. FIRST READINGS: A. None. 13. COMMENTS AND INOLMUES ON NON - AGENDA ITEMS'. 13.A. City Manager The City Manager stated with regard to the $177,000.00. This is in the Sanitation Fund and the City's current financial challenges are in the General Fund. He stated if the City received that money it would not help us with the current budget. Secondly, the City Manager stated when it comes to giving the Police Department to the Palm Beach County Sheriffs Office, it was his understanding that the majority of the Police Officers in our Police Department did not want to go to the Palm Beach County Sheriffs Office. The City Manager stated if our police had the same pension system as the Palm Beach County Sheriffs Office does, the City of Delray Beach could pay them salaries much closer to what the Palm Beach County Sheriffs Office is getting; however, they do not want to talk about that kind of swap out and he thinks it is because you are targeting two different groups of people. The City Manager 24 08/03/10 stated you cannot choose your Sheriff like you choose the Police Chief and stated these are some of the intangibles to bear in mind. The City Manager stated he will be out of the office tomorrow because he will be attending his brother's funeral in Alabama. U.B. City Attorney The City Attorney had no comments or inquiries on non - agenda items. 13.C. City Commission U.C.I. Mr. Fetzer Mr. Fetzer stated with regard to the City Manager's comments about our Police Officers going to the Palm Beach County Sheriffs Office, we need to take into consideration the financial impact of the intangibles. Mr. Fetzer stated the Commission has a fiduciary responsibility to look at it and would like to know the financial facts of what we are dealing with. 13.C.2. Mr. Eliopoulos Mr. Eliopoulos stated tonight the Commission was signing off on a final change order for the sidewalk on Barwick Road and he received a telephone call yesterday from a woman who was complaining about having to pull into the entrance of her development because of the way the sidewalk ended. Secondly, Mr. Eliopoulos stated another concern expressed by this same caller is that the valet stations appear to be expanding. The City Manager stated the Clean and Safe Officers will look into this. 13.C.3. Mrs. Gray Mrs. Gray stated she heard that Family Fun Day would not be held this weekend and that the event has been rescheduled. She asked if staff could look into this. 13.C.4. Mr. Frankel Mr. Frankel concurs with comments expressed by Commissioner Eliopoulos regarding Mr. Ken MacNamce and feels he deserves to be recognized. Secondly, Mr. Frankel stated he was happy to see the agenda for the Office Depot backpack giveaway tomorrow. 25 08/03/10 13.C.5. Mayor McDuffie Mayor McDuffie stated Seagate Hotel & Spa was featured this morning on the Today show. Secondly, Mayor McDuffie stated he wanted to clear up a statement that he made at last night's budget meeting about terminating employees and that it was not a quick and easy thing to do. Mayor McDuffie stated he received an email sent back to him that said Mayor McDuffie said "it is much more difficult to get rid of somebody in the public sector than it is in the private sector." For the record, Mayor McDuffie stated he has done this in a Fortune 36 Company in the United States and "it is equally as difficult to terminate somebody in big corporate America as it is in the public sector." Mayor McDuffie stated if you do the job right and if you do the job according to corporate standards and corporate HR regulations you go through exactly the same process and he finds it no different in the public sector whatsoever. There being no further business, Mayor McDuffie declared the meeting adjourned at 4:01 p.m. City Clerk ATTEST: .--P" 4 MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on August 3, 2010, which Minutes were formally approved and adopted by the City Commission on August 17, 2010. To \v� City Clerk 08/03/10 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 Cornrnission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 27 08/03/10 FORM SB MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME =FIRST NAME —MI DDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Fl io ou] os C-axy Delriav Beach City Commisssion MAILING ADDRESS THE BOARD, COUNCIL, COMMISSIQN, AUTHORITY OR COMMITTEE ON 205 George Bush Boulevard WHICH I BERVE iS A UNIT OR MICITY €7 COUNTY Q OTHER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: of Dellay Beach Delray Beach, Florida 33444 Balm Beach DATE ON WHICH VOTE OCCURRED -City MY POSITION Is: 18/3/2010 XR] ELECTIVE ❑ APPOINTM WHO MUST FILE FORM 813 This form Is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, 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 112.3193, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay closa attention to the Instructions an this form before completing the reverse side and filing the form. - INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112,3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which Inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or foss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 181356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting In that capacity. For purposes of this law, a "relative" includes only the officers father, mother, son, daughter, husband, wife, brother, sister, father4n -law, mother -in -law, son -in -law, and daughter -In -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS. In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your Interest in the measure -on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes, � • k i, APPOINTED OFFICERS- Although you must abstain from voting In the situations described above, you otherwise may participate In these matters. However, you must disclose the nature of the conflict before maldng any attempt to Influence the decision, whether orally or In writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will Incorporate the form in the minutes_ rr:nntlnr r Qe1 nn nthnr QIeia) CE FORM 8B - EFF. 112000 item g•B. = Item 9-A.A. PAGE1 APPOINTED OFFICERS (continued) A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed, IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form In the minutes, A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form Is filed. DISCLOSURE OF LOCAL OFFICERS INTEREST I, tsaa Eliopoul °s hereby disclose that on August 3 20 10 : (a) A measure came or will come before my agency which (check one) Inured to my special private gain or loss; XX inured to the special gain or loss of my business associate, GE Architecture, Inc Inured to the special gain or loss of my relative, Inured to the-special gain or loss of whom I am retained; or by inured to the special gain or 16ss of , which is the parent organization or subsidiary of a principal which has retained rise. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Representing Client on rezonings. 3 8/3/2010 Data Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE= TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF, 112000 PAGE FORM 8B- MEMORANDUM OF V'OTiNG CONFLICT FOR COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME — MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORny, OR COMMITTEE Blip oulos qa a Deir2y Beach Cj�t y Coniuission MAULING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 205 Geo>r a Bush Boulevard WHICH I SERVE 13 A UNIT OF: XXCITY 0 COUNTY Q OTHER LOCALAGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: Citv of Delray Beach Delray Beach, Florida 33444 Palm Beach . DATE ON WHICH VOTE OCCURRED . B 2010 MY POSn'[ON IS. IM ELECTIVE O. APPOINTIVE . WHO MUST FILE FORM 813 This foam is for use by any person serving at the county, city, or other local level of government on an appointed or'elacted board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.31 43, Florida Statutes. Your responsibilities under the law when faced with voting on a measure In which you have a conflict of interest will. vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the Instructions an this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which Inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained), to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 963.357, F.S., and officers of independent special tax districts elected on a one -acre; one -vote basis are not prohlbit6d from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -€n -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterpr €se,with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of -the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your Interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should Incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate In these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction, IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will Incorporate the form in the minutes. (fontinued on other side) .� r..ruu - cr . rrcuw Item U.I.A. [t) = Item 9- .A.A.A.. f AGE 1 APPOINTED OFFICERS (continued) A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is tiled. IF YOU MAKE NO ATTEM PT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the farm and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate 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 at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1. Gary El.i.opoulos hereby disclose that an August 3 2010 (a) A measure came orwill came before my agency which (check one) inured to my special private gain or lass; Ste% inured to the special gain or loss of my business associate, GE Architecture, TAc, inured to the special gain or toss of my relative, inured to the special gain or loss of whom I am retained; or by Inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting Interest in the measure is as follows: Representing client on rezonings. 813J2010 s Data Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION! FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2 FORM 813- MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME - -FIRST NAME — MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMnFrE@ Elio oalos Ga Delia Beach QLry Cosmni.ssa.on. MAILING ADDRESS THE BOARD, COUNCIL, COMMISSIQN, AUTHORRY OR COMMITTEE ON 205 Ceor a Bush Boulevard wHICH I SERVE IS A UNIT OF: Crty Q COUNTY ❑ OTHER LOCALAGENCY CITY COUNTY NAME OFPOLmCALSUBOIVISION: 1tV of DeIkay Beach Delray Beach, Florida 33444 Palua Beach DATE ON WHICH VOTE OCCURRED MY POSITION IS: ELECTIVE Q APPOINTIVE 813/2010 WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, 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 1122143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of Interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the Instructions on this form before completing the reverse side and filing the form. iNSTRUCTI ©NS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which Inures to his or her special private gain or loss, leach elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (Including the parent organization or subsidlary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec, 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre; one vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -taw, son -in -law, and daughter-in-law. A 'business associate' means any person or entity engaged In or carrying on a business enterprise vdth the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not fisted on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and W€THiN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS; Although you must abstain from voting In the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to Influence the decision, whether orally or In writing and whether made by you or at your direction. iF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WiLL 13E TAKEN; You must complete and file this form (before snaking any attempt to Influence the decision) with the person responsible for recording the minutes of the meeting, who will Incorporate the form in the minutes. (Continued on other side) �.c rvrsm oo - crr, 414wuu It ell B.I.C. a Iten 9.A.A.A.A. PAGE 1 APPOINTED OFFICERS (continued) A copy of the Form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form Is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You roust complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the forth is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, Gary Eliopoulos , hereby disclose that on August 3 -20 20 I4 (a) A !measure came or will come before my agency which (check one) inured to my special private gain or loss, inured to the special gain or loss of my business associate, CE Architecture, Inc_ Inured to the special gain or loss of my relative, inured to the-special gain or loss of by whom I am retained; or inured to the special gain or loss of , which Is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting Interest in the measure is as follows: Represents client on rezonings• 8/3/2010 Date Fled Signature V NOTICE. UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF, 1/2000 PAGE 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR NEW CENTURY COURTYARDS AT DELRAY BEACH TO ALLOW A RESIDENTIAL DENSITY OF UP TO 22 DWELLING UNITS PER ACRE FOR A PROPOSED MIXED USE DEVELOPMENT LOCATED ON THE WEST SIDE OF SOUTH FEDERAL HIGHWAY, APPROXIMATELY 320 FEET SOUTH OF SE 10TH STREET AND NORTH OF THE PLAZA AT DELRAY 1. This conditional use request has come before the City Commission on August 3, 2010. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request to allow increased density of up to 22 dwelling units per acre for New Century Courtyards. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II. I. COMPREHENSIVE PLAN a. Comprehensive Plan - Future Land Use and Map: Is the future use and intensity of the development consistent with the future land use map and comprehensive plan and is it appropriate in terms of soil, topographic, and other applicable physical considerations, complementary to adjacent land uses, and fulfills remaining land use needs? Yes . ✓ No b. Concurrence: Concurrency as defined pursuant to Objective B -2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes ✓ No Board Order for Item 9.A IL LDR REQUIREMENTS: Pursuant to LDR Section 4.4.12(6)(5), multi - family residential and mixed -use development with residential densities up to 22 units per acre is allowed as a conditional use within the Silver Terrace Courtyards Overlay District, subject to the provisions of LDR Section 4.4.6 "Medium Density Residential (RM) ", Subsection (1), "Performance Standards" (provided in the P &Z Staff Report, pages 7 -10), provided at least 20% of the units are workforce units which comply with the provisions of Article 4.7, "Family]Workforce Housing" Further, the maximum nonresidential Floor Area Ratio (FAR) within the overlay district is 0.75. A. LDR Section 2.4.5(E)Required Findings: (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: L Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Nor that it will hinder development or redevelopment of nearby properties. Will the requirements of Sections 2.4.5(E)(5), 4.4.12(G)(5) and 4.4.6(1) be met subject to the attached conditions? Yes ✓ No 3, The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request was submitted. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves ✓ denies the conditional use request subject to the conditions of approval attached Board Order for Item 9.A 2 hereto as Exhibit "A7. The City Commission hereby adapts this Order this 3rd day of August 2010, by a vote of 5 in favor and 0 opposed. ATTEST: Chevelle Nubin City Clerk Board Order for Item 9,A 3