04-20-2010 Regular Meeting Minutes APRIL 20, 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, April 20, 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
Brian Shutt, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Nancy McCarthy, Delray resident
and Priest Associate of St. Gregory's Episcopal Church in Boca Raton.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mayor McDuffie noted additional information for Item 9.A., Drub Task
Force Request for City Website Link.
Mr. Frankel moved to approve the Agenda, 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.
5. APPROVAL OF MINUTES:
Mr. Eliopoulos moved to approve the Minutes of the Regular Meeting of
April 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.
04/20/10
6. PROCLAMATIONS:
6.A. Teacher Appreciation Week—Mav 2-8, 2010
Mayor McDuffie read and presented a proclamation hereby proclaiming
the week of May 2-8, 2010 as Teacher Appreciation Week in the City of Delray Beach,
Florida. LaNita DeCarie, Director of the Little Friends Learning Center and Ministry of
the First Baptist Church, came forward to accept the proclamation and gave a few brief
comments.
6.B. National Preservation Month—Mav 2010
Mayor McDuffie read and presented a proclamation hereby proclaiming
May 2010 as National Preservation Month. Tom Stanley came forward to accept the
proclamation and gave a few brief comments.
6.C. World Tai Chi and Qigong Day—April 24, 2010
Mayor McDuffie read and presented a proclamation hereby proclaiming
April 24, 2010 as World Tai Chi and Qigong Day. Gary Tong came forward to accept
the proclamation and gave a few brief comments.
6.D. Earth Month—Apri12010
Mayor McDuffie read and presented a proclamation hereby proclaiming
April 2010 as Earth Month. Rich Reade and Yalmaz Siddiqui came forward to accept the
proclamation and gave a few brief comments.
6.E. Municipal Clerk's Week—May 2-8, 2010
Mayor McDuffie read and presented a proclamation hereby proclaiming
May 2-8, 2010 as Municipal Clerk's Week. Chevelle D. Nubin, City Clerk, accepted the
proclamation and gave a few brief comments.
7. PRESENTATIONS:
7.A. S.P.I.R.I.T. (Service, Performance, Integrity, Responsibility,
Innovation, Teamwork) Committee Quarterly Employee Awards Presentation
Rachel Saunders, Police Department, stated the Police Department
responded to a scene where there was a shooting in a house and did not know whether the
shooter was still inside the home. Ms. Saunders stated once the house was cleared at
gunpoint there were two small children (a little boy age 2 and a little girl age 10) that
were found in the back bedroom. Officer Stephanie Kearney immediately consoled the
children because their mother had been shot who later died.
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Officer Kearney stayed with the children for approximately five hours prior to bringing
them down to the Police Department. She changed the 2 year old little boy's diaper,
clothed him and took both children to McDonald's. Ms. Saunders stated another officer
had to explain to the children that their mother passed away and the little girl
immediately asked for Stephanie. Officer Kearney stayed with the children for five hours
enduring that hard emotional scenario. Officer Saunders stated Officer Kearney went
above and beyond and was a true hero.
Stephanie Kearney, Police Officer, came forward to receive the
S.P.LRLT. Quarterly Employee Award.
7.B. City of Delray Beach Residents Academy Certificates—Janet Meeks
Janet Meeks Education Coordinator presented the 17th graduating
class of the Residents Academy with certificates:
William Abell, Real Estate Manager
Wendy Fuss and Stephen Fuss, Nuisance Abatement Board/Property
Management
Richard Gigliotti and Geraldine Gigliotti, President of High Point
Chamber Volunteer
Liz Golberg, Staff Member CRA
Vicki Hill, Construction Auditor
Diane Jeffers and Bill Jeffers, Realtor
David Kurzman, Caring Kitchen, Delray Affair, etc. volunteer
Wanda McCabe, Treasurer of High Point
Dale Miller, Interior Design
Rose Newbold,Achievement Center
Florence Porrica, High Point Board of Directors
Yvonne Walker, City of Delray Beach Accountant
Diane Jeffers, she and her husband have been residents of Delray
Beach for 11-12 years and she is also a residential real estate agent, stated she has so
much more of a greater appreciation today then she has ever had living in Delray Beach
just by having a better understanding of how our city government is run, our terrific
Police and Fire-Rescue Departments, and how hard everyone works. Mrs. Jeffers stated
she is more proud today to be able to talk to her clients and to the community about how
amazing the City of Delray Beach is and everything it has to offer, and the way it is run
so efficiently.
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8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. HOLD HARMLESS AGREEMENT/JP MORGAN CHASE BANK,
N.A.: Approve a Hold Harmless Agreement with JP Morgan Chase Bank,N.A. to install
a water main within Florida Department of Transportation(FDOT) right-of-way at the
intersections of N.E. 7th Street and both north and southbound Federal Highway for the
property located at the northwest corner of N.E. 7th Street and northbound Federal
Highway.
8.B. INTERLOCAL GRANT AGREEMENT/PALM BEACH
COUNTY/BUS SHELTERS: Approve an Interlocal Grant Agreement with Palm Beach
County for reimbursement for the installation of twenty-five (25) bus shelters utilizing
American Recovery Reinvestment Act (ARRA) grant funds.
8.C. RENEWAL OF AGREEMENT WITH QUALITY TRANSPORT
SERVICES INC./DOWNTOWN ROUNDABOUT SHUTTLE SYSTEM: Approve
renewing an Agreement with Quality Transport Services, Inc. to operate the Downtown
Roundabout Shuttle System to extend the agreement to April 2011, contingent upon the
addition of a termination clause to allow a change to trolley-style vehicles.
8.D. GRANT FUNDING REQUEST/METROPOLITAN PLANNING
ORGANIZATION (MPO)/TRANSPORTATION ENHANCEMENT
PROJECT: Authorize staff to apply for grant funding in the amount of up to
$1,500,000.00 through the Metropolitan Planning Organization (MPO) for two (2)
Transportation Enhancement projects.
8.E. RESOLUTIONS NO. 24-10 AND NO. 25-10: FDOT
MAINTENANCE MEMORANDUM OF UNDERSTANDING - JOINT
PARTICIPATION AGREEMENTS/WEST ATLANTIC AVENUE
LANDSCAPING PROJECT: Approve Resolution No. 24-10 authorizing a
Maintenance Memorandum of Understanding with the Florida Department of
Transportation and Resolution No. 25-10 approving Joint Participation Agreements with
the Florida Department of Transportation for the West Atlantic Avenue Landscaping
Project.
The caption of Resolution No. 24-10 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE A MAINTENANCE MEMORANDUM OF
AGREEMENT WITH THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION FOR
MAINTENANCE BY THE CITY OF A PORTION OF
STATE ROUTE 806 LOCATED WITHIN THE CITY OF
DELRAY BEACH; PROVIDING FOR CONFLICTS;
PROVIDING AN EFFECTIVE DATE.
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(The official copy of Resolution No. 24-10 is on file in the City Clerk's
office.)
The caption of Resolution No. 25-10 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, APPROVING
THE JOINT PARTICIPATION AGREEMENTS WITH
THE FLORIDA DEPARTMENT OF
TRANSPORTATION FOR THE FUNDING OF
LANDSCAPE, HARDSCAPE AND IRRIGATION
IMPROVEMENTS ALONG STATE ROAD 806
LOCATED WITHIN THE CITY OF DELRAY BEACH;
PROVIDING FOR CONFLICTS; PROVIDING AN
EFFECTIVE DATE.
(The official copy of Resolution No. 25-10 is on file in the City Clerk's
office.)
8.F. RESOLUTION NO. 18-10: Approve Resolution No. 18-10 assessing
costs for abatement action required to remove nuisances on nine (9)properties throughout
the City.
The caption of Resolution No. 18-10 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT
TO CHAPTER 100 OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, ASSESSING
COSTS FOR ABATING NUISANCES UPON CERTAIN
LAND(S) LOCATED WITHIN THE CITY OF DELRAY
BEACH AND PROVIDING THAT A NOTICE OF LIEN
SHALL ACCOMPANY THE NOTICE OF
ASSESSMENT; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH
ABATEMENT OF NUISANCES; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND
INTEREST ON ASSESSMENTS; PROVIDING FOR
THE RECORDING OF THIS RESOLUTION, AND
DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS.
(The official copy of Resolution No. 18-10 is on file in the City Clerk's
office.)
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8.G. DISASTER RECOVERY INITIATIVE (DRI)/HOUSING
REHABILITATION GRANT/CONTRACT AWARDS: Approve one (1) Housing
Rehabilitation grant award for the project located at 1332 Prospect Street to Jemstone
Construction Group, Inc., the lowest responsive bidder, in the amount of$18,220.92 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).
8.H. RESOLUTION NO. 19-10/LOCAL HOUSING ASSISTANCE PLAN
(LHAP) FY 2010-2013: Approve Resolution No. 19-10, adopting the Local Housing
Assistance Plan(LHAP) for Fiscal Years 2010-2013.
The caption of Resolution No. 19-10 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, APPROVING
THE LOCAL HOUSING ASSISTANCE PLAN AS
REQUIRED BY THE STATE HOUSING INITIATIVES
PARTNERSHIP PROGRAM ACT, SUBSECTIONS
420.907-420.9079, FLORIDA STATUTES; AND RULE
CHAPTER 67-37, FLORIDA ADMINISTRATIVE
CODE; AUTHORIZING AND DIRECTING THE
MAYOR TO EXECUTE ANY NECESSARY
DOCUMENTS AND CERTIFICATIONS NEEDED BY
THE STATE; AUTHORIZING THE SUBMISSION OF
THE LOCAL HOUSING ASSISTANCE PLAN FOR
REVIEW AND APPROVAL BY THE FLORIDA
HOUSING FINANCE CORPORATION; AND
PROVIDING AN EFFECTIVE DATE.
(The official copy of Resolution No. 19-10 is on file in the City Clerk's
office.)
8_I. PROFESSIONAL SERVICES VENDOR LIST/NEIGHBORHOOD
STABILIZATION PROGRAM (NSP): Approve the list of vendors for Professional
Services required to carry out activities under the Neighborhood Stabilization Program
(NSP) contingent on the list being approved by the Florida Department of Community
Affairs; and authorize the City Manager to sign purchase agreements for the acquisition
of properties under the NSP initiative. Funding is available from 118-1935-554-34.90
(Neighborhood Services/Other Contractual Services).
8_J. FIRST AMENDMENT TO THE CROSS EASEMENT
AGREEMENT/AUBURN TRACE LLC. /SCHOOL BOARD OF PALM BEACH
COUNTY: Approve a First Amendment to the Cross Easement Agreement with Auburn
Trace, LLC., the School Board of Palm Beach County and the City to confirm platted
drainage rights into retention areas.
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8.K. RESOLUTION NO. 22-10: ABANDONMENT OF SEWER
EASEMENT FOR STAKLER HOLDINGS LLC./PUTT N' AROUND DELRAY
BEACH: Approve Resolution No. 22-10 abandoning a 10' sewer easement dedicated to
the City via an Easement Deed recorded in Official Records Book 921, Page 421 of the
Public Records of Palm Beach County, Florida for development of a proposed 36-hole
miniature golf course located on the west side of N.E. 5th Avenue, between 3rd and 4th
Streets (350 and 362 NE 5th Avenue).
The caption of Resolution No. 22-10 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING A SANITARY SEWER
EASEMENT DEDICATED BY EASEMENT DEED, AS
RECORDED IN O.R.B. 921, PAGE 421, AS MORE
FULLY DESCRIBED IN EXHIBIT "A".
(The official copy of Resolution No. 22-10 is on file in the City Clerk's
office.)
8.L.1. ACCEPTANCE OF A WATER EASEMENT/STAKLER
HOLDINGS, LLC/PUTT N' AROUND DELRAY BEACH: Approve and accept a
4' easement for an existing water main in conjunction with development of a proposed
36-hole miniature golf course located on the west side of N.E. 5th Avenue, between N.E.
3rd Street and N.E. 4th Street (350 and 362 N.E. 5th Avenue).
8.M. SPECIAL EVENT REQUEST/AVDA 5K WALK/RUN: Approve a
special event request to endorse the 13th Annual Aid to Victims of Domestic Abuse, Inc.
(AVDA) 5K Walk/Run to be held on Saturday, October 9, 2010 from 7:30 a.m. until
approximately 11:00 a.m., with set up at 5:00 a.m., to grant a temporary use permit per
LDR Section 2.4.6(F) for the use of Anchor Park and the City right-of-way along Ocean
Boulevard from Casuarina to George Bush Boulevard, to waive parking meter fees in the
Anchor Park and Sandoway lots from 5:00 a.m. to 11:00 a.m., and to authorize staff
assistance for providing traffic control, barricading, signage, trash clean up and removal,
City generator use, and set up and use of half of the small stage; contingent on the
sponsor providing the required liability insurance and hold harmless agreement.
8.N. SPECIAL EVENT REQUESTS/ART AND JAZZ ON THE
AVENUE: Approve special event requests to endorse Art and Jazz on the Avenue to be
held on May 6, 2010 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per
LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton to the west side of
N.E./S.E. 7th Avenue, Railroad Avenue from Atlantic north to the north side of the
east/west alley, and to the alleys north and south of Atlantic on N.E./S.E. 1st Avenue,
N.E./S.E. 2nd Avenue, S.E. 3rd Avenue, and N.E./S.E. 4th; to authorize staff support for
security, traffic control, banner hanging and removal, barricade set up and removal, trash
removal and clean up and EMS assistance.
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8.0. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period April 5, 2010 through April 16, 2010.
8.P. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to CMS Imaging, Inc. in the amount of$81,510.00
for X-Ray equipment and applicable shipping costs for the
Employee Health and Wellness Center. Funding is available from
551-1571-591-31.20 (Insurance Fund: Professional
Services/Medical).
2. Purchase award to DCR Engineering Services, Inc. in the amount
of$50,000.00 for a Motorola ACE3600 Controller to upgrade the
Fire Station Alerting System. Funding is available from 334-2311-
522-63.90 (General Construction Fund: Other
Improvements/Improvements Other).
3. Purchase award to Hall-Mark Fire Apparatus in the amount of
$243,184.86 for one (1) 2010 Navistar 430OLP Custom Rescue
Transport Vehicle. Funding is available from 501-3312-591-64.25
(Garage Fund: Machinery/Equipment/Heavy Equipment).
Mr. Frankel moved to approve the Consent Agenda, 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. REGULAR AGENDA:
9.A. DRUG TASK FORCE REQUEST FOR CITY WEBSITE LINK:
Consider approval of a request from the Delray Beach Drug Task Force to provide links
to their website on the City and Police Department web sites.
Pat Archer, former City Commissioner and current Chair of the
Delray Beach Drug Task Force, stated the Delray Beach Drug Task Force would like to
have a link to the City's website because the Delray Beach Drug Task Force has been a
Mayor's appointed Committee for some time. Mrs. Archer stated this was originally
started by former Mayor Jay Alperin and former Chief of Police Rick Lincoln (current
Chief of Police for Lantana) because there are different types of issues going on in our
drug community and they wanted to provide a forum whereby everyone could have an
opportunity to talk and bring the issues out into the open for discussion. She stated the
organization consists of members of the Police Department, treatment centers, a detox
center, sober houses and recovery meeting facilities. Mrs. Archer stated the Commission
liaison is Commissioner Fred Fetzer and they serve at the Mayors will.
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Mrs. Archer briefly reviewed the mission statement of the Delray Beach Drug Task Force
and they would like to provide an opportunity for individuals who are interested within
Delray Beach or from out of the city or the state to get information about what happens
with the drug community because there is a lot of misinformation out there. Mrs. Archer
stated Delray Beach is known as the drug capital of the United States and they are at the
mercy of treatment centers, sober houses and everyone who has a blog or a website. Mrs.
Archer stated the purpose of the Drug Task Force is to provide correct information on an
honest basis where people can go and get the facts and they cannot do it without having
visibility. She stated they have been able to get a grant to start up the website and to
operate it for two years but they are not in a position to be able to pay for a search engine
so by having a web link on the City's site and on the Police Department's site and
eventually on the Chamber of Commerce site anyone who can go to those sites will have
the opportunity to select the Delray Beach Drug Task Force and get what information is
out there. Mrs. Archer stated they have the support of Police Chief Strianese and he is
represented by Assistant Chief Ralph Phillips, and Delray Beach Community Relations
Officer Jeff Messer, and Deana Isler who regularly attends the Drug Task Force
meetings. Mrs. Archer urged the Commission to consider the proposal of the Drug Task
Force.
Mr. Fetzer stated he has been fortunate enough to work with the Drug
Task Force for the last couple of years and has been very impressed with the dedication
of the people who are a part of this and the cooperation they have gotten from the Police
Department in working together. He stated this is another example of what makes Delray
Beach unique and hopes that if this website link is approved, it will help educate
residents. Mr. Fetzer thanked Mrs. Archer and the Drug Task Force for all their help on
this.
Mrs. Gray asked if there is a link to the City's webpage would there be a
concern about our city welcoming more sober houses or halfway homes. Mrs. Archer
stated she does not feel that whether or not the city has information on a website is going
to have any effect whatsoever on how many sober houses we have here because most of
the sober houses have their own websites. Mrs. Archer stated people come from out-of-
state and instead of going to a treatment center they sometimes go to a sober house where
there is no treatment whatsoever and then they are turned out on the street. Mrs. Gray
expressed concern about other organizations that may want to do the same thing and
asked will the City have the ability to see what goes on the webpage. Mrs. Archer stated
this is just a proposal and it will be reviewed by the City Attorney and the City
Commissioners.
Mr. Frankel stated in his opinion this is the largest issue we have in our
city at the current time. He stated he is constantly contacted by people asking him for
recommendations regarding assistance in this area and the problem we have in this area is
if you do a Google search for rehabilitation, etc. everything that comes up is biased
because it is a money maker. Mr. Frankel stated the Drug Task Force offers a non-biased
alternative just to provide information as opposed to bring this person here so we can
treat them and make money.
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Mr. Frankel stated he supports the proposal; however, he expressed concern that this may
not be appropriate for the Chamber of Commerce.
Mr. Eliopoulos applauds the Drug Task Force for all their hard work and
stated this is a great idea.
Mayor McDuffie stated he hopes that we are able to take this and use it so
that some parent who is distraught about a child who has gotten involved with substances
and is out of control that we can at least provide an alternative to them when they are
searching through the intemet trying to find something to do with this child to help them
out and explain the things that they may encounter if they do not find a reputable actual
rehab center to send these people to. Mayor McDuffie stated if anyone has any
recommendations that they would like taken to their Congressmen or Senators to let him
know because he and Mr. Malone with the Chamber of Commerce are headed for
Washington mid-week next week.
The City Attorney suggested that the motion be conditioned on the fact
that no specific address of any sober house is mentioned on their website or a specific
name where it doesn't appear that the Drug Task Force is making recommendations one
way or the other regarding any particular sober house.
Mr. Frankel moved to approve the Drug Task Force request for the City
website link with the condition as stated by the City Attorney that no specific address of
any sober house is mentioned on their website or a specific name where it doesn't appear
that the Drug Task Force is making recommendations one way or the other regarding any
particular sober house, 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.B. CONSULTING SERVICE AUTHORIZATION/AECOM
TECHNICAL SERVICES INC./VETERANS PARK: Approve a Consulting Service
Authorization with AECOM Technical Services, Inc. in the amount of $43,500.00 for
preparing a Master Plan for Veterans Park. Funding is available from 334-4126-572-
31.90 (General Construction Fund/Professional Services/Other Professional Services).
Randal Krej carek, City Engineer, stated this item is for a service
authorization for Aecom Technical Services, Inc. (formerly known as Glatting Jackson)
for preparing a Master Plan for Veterans Park. In 1987, a Downtown Master Plan was
prepared which included the City Marina, Veterans Park, and the connection along the
Intracoastal Waterway between both landmarks. Mr. Krejcarek stated since then the
marina has been redone and the City almost has a completion on the connection between
the park and the marina. In 2002, the Parks and Recreation Master Plan recommended
that the City create a master Plan for Veterans Park to address the current needs and
current uses of that park. Staff recommends approval of the service authorization with
AECOM Technical Services, Inc. in the amount of$43,500.00.
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Mr. Eliopoulos stated with regard to the contract there are two methods:
(1) lump sum and (2) not to exceed an amount. He asked when staff actually sits down
which one are they actually going with on this design. Mr. Krej carek stated staff breaks
it down by tasks and as we complete a task the City pays them and therefore staff is doing
a "not to exceed" and not a lump sum.
Mr. Eliopoulos asked what the budget for this park is. Mr. Krejcarek
stated staff is going to approach the Master Plan by looking at the uses, the needs of the
park, parking, and the types of activities that go on in the park and that is going to tell
staff what the budget is going to be for the ultimate reconstruction of the park.
Mr. Frankel moved to approve the Consulting Service Authorization with
AECOM Technical Services, Inc. in the amount of $43,500.00 for preparing a Master
Plan for Veterans Park, seconded by Mr. Eliopoulos. 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.C. AMENDMENT TO THE NOTE MORTGAGE MODIFICATION
AND SUBORDINATION AGREEMENT/AUBURN TRACE LTD.: Consider
approval of an Amendment to the Note, Mortgage Modification and Subordination
Agreement between the City and Auburn Trace, Ltd.
Brian Shutt, City Attorney, stated the original agreement was approved by
the Commission on March 11, 2010 and in that particular agreement it was provided that
the payment made to the City would take place on April 30, 2010. Mr. Shutt stated the
City has been informed by Auburn Trace, Ltd. that they would like to request an
extension from April 30, 2010 to May 21, 2010 in order to make that payment. The City
Attorney stated it is his understanding that their closing has been moved back due to
delays by the State in processing the documents related to the TCAP funds.
Mrs. Gray moved to approve the Amendment to the Note, Mortgage
Modification and Subordination Agreement between the City of Delray Beach and
Auburn Trace, Ltd., 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.
9.D. RESOLUTION NO. 28-10: Consider approval of Resolution No. 28-10
opposing proposed Amendment No. 4 (Hometown Democracy) to the Florida
Constitution.
The caption of Resolution No. 28-10 is as follows:
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A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, OPPOSING AN
AMENDMENT TO THE FLORIDA CONSTITUTION
THAT WOULD REQUIRE VOTER APPROVAL PRIOR
TO ADOPTION OF A LOCAL COMPREHENSIVE
PLAN OR COMPREHENSIVE PLAN AMENDMENT(S).
(The official copy of Resolution No. 28-10 is on file in the City Clerk's
office.)
The City Manager stated the Commission asked that staff prepare a
resolution dealing with proposed Amendment No. 4 (Hometown Democracy) to the
Florida Constitution that will be on the ballots in November. The resolution would
formalize the opposition of the City Commission to that particular amendment.
Mr. Eliopoulos asked where this information will be placed. The City
Manager stated staff will ensure that this information is placed on the City's website and
the Commission is free to speak on it or put out any material they might put out as an
individual. Mr. Eliopoulos stated he would also like to get this out to the Chamber of
Commerce so they can get the information out to the business communities so everyone
can understand what this is about. The City Manager stated the Chamber is very
involved in this issue and has been a source of some of the information staff received
about the concerns being raised about the impact on job creation and slowing down the
whole process of government and land use management.
Mr. Frankel stated because of the catchy title and other information out
there should this be passed by the Commission, he would ask that whatever easy to
absorb information be provided.
Mr. Fetzer thanked the Chamber for its active involvement and position on
this amendment and stated it is important for all the residents to understand what this
amendment is about. He urged everyone to get informed about what this amendment will
do to the business community and the negative things that it will do to the economy.
Mr. Eliopoulos moved to approve Resolution No. 28-10, 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.E. APPOINTMENT OF OUTSIDE COUNSEL/HOUSING AND
URBAN DEVELOPMENT (HUD) COMPLAINT: Consider approval of outside
counsel; Weiss, Scrota, Helfman, Pastoria, Cole and Boniske, P.L.; to assist with the
Housing and Urban Development(HUD) complaint that has been filed against the City as
well as certain requests related to the City's reasonable accommodation ordinance.
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Brian Shutt, City Attorney, stated the City currently has an ongoing
complaint filed by HUD against the City regarding our reasonable accommodation
ordinance and other issues where the City is seeking the guidance of Weiss, Scrota,
Helfman, Pastoria, Cole and Boniske to assist the City with the HUD complaint. Mr.
Shutt stated at a later date there may be other involvement and if there is, then he will
come back before the Commission to seek approval for that.
Mr. Eliopoulos commented about the hourly rate and asked the City
Attorney if he has any ballpark figures of what the City is going to be spending. The City
Attorney stated he anticipates a minimal amount of work in the beginning but it really
depends on how much work is really involved once staff starts going through the HUD
complaint. The City Attorney stated if there are pleadings that the City would have to
answer, etc. regarding the HUD complaint, then it would be more involved than just a
minimal review. Mr. Eliopoulos stated he would like to be informed should we start
going down that road because he feels the Commission should put some kind of limits on
it to see what they want to spend.
Mr. Eliopoulos moved to approve the appointment of outside counsel
Weiss, Scrota, Helfman, Pastoria, Cole and Boniske, P.L, to assist with the Housing and
Urban Development (HUD) complaint, 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.F. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint
one (1) regular member to the Police Advisory Board to serve an unexpired term ending
July 31, 2011. Based upon the rotation system, the appointment will be made by
Commissioner Fetzer(Seat#2).
Mr. Fetzer moved to appoint Matthew Monahan as a regular member to
the Police Advisory Board (PAB) to serve an unexpired 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.
At this point, the time being 6:55 p.m., the Commission moved to Item
II.A., Comments and Inquiries on Non-Agenda Items from the City Manager.
II.A. City Manager's response to prior public comments and inquiries.
The City Manager stated at the last meeting Pauline Moody commented
about some concerns she had about shrubbery on S.W. 10th Street at the railroad (CSX
tracks) and also some waste material (i.e. cement blocks, etc.) and other things that had
been discarded, and broken glass on the sidewalk. The City Manager stated this has been
cleaned up.
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Secondly, the City Manager stated at the last meeting two ladies came in
concerned about encounters they have had with dogs in the downtown area and also with
panhandling. The Police Department has met with both individuals to get fully informed
on their concerns and also discussed with the Police Chief what the City's leash law is
and the fact that it can be enforced by police when it is appropriate to do so.
The City Manager stated Rob Ficker made a proposal for developing a
butterfly garden in one of our large retention areas on Lake Ida Road. Staff does not
object to trying that but will start with a smaller area. The City Manager stated the City
has some smaller retention areas around the city and we will see how that works out.
Lastly, the City Manager stated there was also a concern expressed about
parking along S.W. 8t" Avenue obstructing traffic and the Police Department has been
requested to check that on Sunday mornings to be sure that there are no violations of City
Code either with regard to the width of the street that has to be kept open, or parking near
fire hydrants or corners.
At this point, the time being 7:06 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. WAIVER REQUEST/ACQUISITION OF REAL PROPERTY:
Consider a waiver of advertising and adoption of Resolutions as required by City
Code Section 36.04, "Acquisition of Real Property", for purchase of multiple properties
located within the City's Neighborhood Stabilization Program(NSP)target area.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding the waiver request, the
public hearing was closed.
Lula Butler, Director of Community Improvement, stated this is a request
to approve a waiver to City's Code of Ordinances Section 36.04 governing the
acquisition of real property which requires advertising and the adoption by resolution to
exempt purchases of multiple properties located within the City of Delray Beach target
area under the Neighborhood Stabilization Program. Mrs. Butler stated as the
Commission is aware from a lot of items that have come before the Commission staff has
run into some problems competing with investors who are acquiring REO properties.
She stated by the City Commission approving this waiver, it puts staff in a position to bid
directly with the bank, have the executed agreement in place and be on par with them so
that staff can meet their deadlines. Staff recommends approval of the waiver to Section
36.04 for the Neighborhood Stabilization Program(NSP).
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding the waiver request, the
public hearing was closed.
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Mr. Fetzer moved to approve the waiver request for acquisition of real
property, 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.B. ORDINANCE NO. 08-10: Consider a city-initiated amendment to the
Land Development Regulations (LDR) Section 4.6.14, "Visibility at Intersections",
Section 5.3.1, "Streets" (rights-of-way), Section 6.1.2, "Streets and Alleys", Section
6.1.3, "Sidewalks", and Section 6.1.4, "Driveways and Points of Access", to update
current development standards to better reflect the City's efforts to encourage multiple
modes of transportation as well as providing a more reasonable and consistent application
of sight visibility.
The caption of Ordinance No. 08-10 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES,
REPEALING AND REPLACING SECTION 4.6.14,
"VISIBILITY AT INTERSECTIONS," TO UPDATE THE
MEASUREMENT OF SIGHT VISIBILITY TRIANGLES;
AMENDING SECTION 5.3., "STREETS (RIGHTS-OF-
WAY), BY AMENDING SUBSECTIONS (D) AND (E);
AMENDING SECTION 6.1.2, "STREETS AND
ALLEYS", SUBSECTION (C)(3), "PAVING WIDTHS",
TO PROVIDE UPDATED MINIMUM PAVING
WIDTHS; AMENDING SECTION 6.1.3,
"SIDEWALKS"; AND AMENDING SECTION 6.1.4,
"DRIVEWAYS AND POINTS OF ACCESS"; TO
UPDATE CURRENT STANDARDS TO BETTER
REFLECT THE CITY'S EFFORTS TO ENCOURAGE
MULTIPLE MODES OF TRANSPORTATION AS WELL
AS PROVIDING A MORE REASONABLE AND
CONSISTENT APPLICATION OF SIGHT VISIBILITY;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 08-10 is on file in the City Clerk's
office).
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
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Paul Dorling, AICP, Director of Planning and Zoning, stated this is a
modification to several sections to provide more reasonable and consistent applications of
site visibility triangles and it breaks into several categories of site visibility: (1)
driveways, streets, and alleys (2) alleys and streets exist, (3) different standards within the
CBD (Central Business District), different standards within the single family areas, and
different standards as it relates to County, State, and Federal roadways.
On April 6, 2010, the City Commission passed Ordinance No. 08-10 at
first reading and at its meeting of March 15, 2010, the Planning and Zoning Board
considered the proposed text amendment and recommended approval.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 08-10,
the public hearing was closed.
Mr. Eliopoulos moved to adopt Ordinance No. 08-10 on Second and
FINAL Reading, 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.C. AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) ANNUAL ACTION PLAN (FY 200 SUB RECIPIENT
FUNDING AGREEMENT/ALOHA CLEANERS NUNZIA INC.: Approve an
Amendment to the Community Development Block Grant (CDBG) FY 2008-2009
Annual Action Plan to reallocate $35,000.00 toward Economic Development Activities
located within the CDBG target area; and authorize execution of a sub-recipient funding
agreement with the Aloha Cleaners Nunzia, Inc., under the CDBG program for FY 2009-
2010. Funding is available from 118-1966-554-83.01 (Neighborhood Services/Other
Grants and Aids).
Lula Butler, Director of Community Improvement, stated this item is to
request a reallocation of $35,000.00 from the City's unspent housing rehabilitation line
item budgeted in 2008-2009 into the economic development line item and to authorize
the execution of the formal economic development agreement between the City of Delray
Beach and Aloha Cleaners for the same amount. Mrs. Butler stated these funds will be
used by the business to purchase a specific piece of equipment and it will create one full-
time low income job as a result of that. She stated the City is allowed to do this in
accordance with 24 CFR 570.301 under Federal Regulations which requires a Public
Hearing before the City Commission to do this transaction. Mrs. Butler stated staff
advertised on March 18, 2010 and did not receive any comments to that advertisement.
Staff recommends that the City Commission approve the reallocation of these dollars and
authorize the execution of the agreement between the City of Delray Beach and Aloha
Cleaners.
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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.
Mrs. Gray moved to approve the Amendment to the Community
Development Block Grant (CDBG) for fiscal year 2008-2009 Annual Action Plan to
reallocate $35,000.00 toward economic development activities and authorize execution of
a sub-recipient funding agreement with the Aloha Cleaners Nunzia, Inc., 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.
10.D. RESOLUTION NO. 26-10/REVISED CONTRACT FOR SALE AND
PURCHASE/WELLS FARGO FINANCIAL SYSTEM FLORIDA/3740
LANCEWOOD PLACE: Consider approval of Resolution No. 26-10 for a new sales
agreement between the City and Wells Fargo Financial System Florida for the property
located at 3740 Lancewood Place increasing the price from $135,000.00 to $140,000.00.
The caption of Resolution No. 26-10 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
RESOLUTION 11-10 IN ORDER TO AMEND THE
PURCHASE PRICE OF 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 WELLS FARGO FINANCIAL SYSTEM FL,
SELLER, AND THE CITY OF DELRAY BEACH,
FLORIDA.
(The official copy of Resolution No. 26-10 is on file in the City Clerk's
office.)
The City Attorney read the caption of the resolution. 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.
Lula Butler, Director of Community Improvement, stated this item is
requesting an amendment to Resolution No. 26-10 to authorize an increase from the price
that the Commission approved at the last agenda from $135,000.00 to $140,000.00. Mrs.
Butler stated this is the City's first official closing they are getting ready to do on the
NSP Program. She stated this home is purchased at $30,000.00 less than the "as is"
appraised value.
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Mr. Eliopoulos suggested that in the future instead of staff just providing
the addresses of these properties, he would like to see photographs of the properties so
that the Commission can actually see what the City is purchasing.
Mayor McDuffie asked if there is a possibility to approve a range to
acquire that property rather than a fixed amount. The City Attorney stated once the City
has the appraisal and if it is within the appraised value that the Commission give the
authority for the City Manager to execute the agreement because from what staff has seen
hours may make a difference as far as putting in a bid on one of these homes. Mrs.
Butler stated staff did that on one of the items that was on the Consent Agenda under the
professional service listing and noted that staff attached that particular request to that
item. She stated by approving that, the Commission has done that for staff. Mrs. Butler
stated staff asked for the amount up to $280,000.00 which is the maximum allowed for
purchase under the Neighborhood Stabilization Program(NSP).
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 26-10,
the public hearing was closed.
Mr. Frankel moved to approve Resolution No. 26-10, 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.
10.E. RESOLUTION NO. 17-10/CONTRACT FOR SALE AND
PURCHASE/SHARON CLECKLEWEDER AVENUE: Consider approval of
Resolution No. 17-10 authorizing the City to purchase a vacant lot located at Southridge
Lot 20 Block 10 (Zeder Avenue), to be utilized for affordable housing purposes; and
approve a Contract for Sale and Purchase between the City and Sharon Cleckley in the
amount of$20,000.00.
The caption of Resolution No. 17-10 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 SHARON CLECKLEY, SELLER, AND THE
CITY OF DELRAY BEACH, FLORIDA.
(The official copy of Resolution No. 17-10 is on file in the City Clerk's
office.)
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The City Attorney read the caption of the resolution. 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.
Lula Butler, Director of Community Improvement, stated this is a request
for the City to enter into a purchase agreement for the sale of one vacant lot using SHIP
dollars in the amount of$20,000.00. The acquisition of vacant lots is an eligible use of
the City's dollars and is approved under the City's LHAP (Local Housing Assistance
Plan). Mrs. Butler stated the funds are available and staff recommends approval of
Resolution No` 17-10 to acquire the vacant lot.
Mr. Eliopoulos inquired about the size of the lot. Mrs. Butler stated the
size of the lot is 50 x 130.
Mr. Fetzer moved to approve Resolution No. 17-10, 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.
10.F. RESOLUTION NO, 16-10/CONTRACT FOR SALE AND
PURCHASE/DEUTSCHE BANK NATIONAL TRUST COMPANY/301 S.W. 8th
STREET: Consider approval of Resolution No. 16-10 authorizing the City to purchase a
foreclosed property located at 301 S.W. 8th Street, to be utilized for affordable housing
purposes; and approve a Contract for Sale and Purchase between the City and Deutsche
Bank National Trust Company in the amount of $73,000.00. (STAFF HAS
REQUESTED THIS ITEM BE REMOVED AS THE PROPERTY IS NO LONGER
AVAILABLE)
Mr. Frankel moved to remove this item from the Agenda, 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,
At this point, the time being 7:18 p.m., the Commission moved to Item
I I.B., Comments and Inquiries on Non-Agenda Items from the Public.
11.13. From the Public.
11.13.1. Dr. Victor Kirson 2050 Alta Meadows Lane #211,0 Delray Beach FL
33444 President of the Board of Directors at Tierra Verde at Delray Beach stated
he has joined the alliance of Delray and briefly discussed an article in the Palm Beach
Post regarding the Infinity Sales Group which has 340 employees in Delray and they are
going to hire 200 additional employees but they are moving to Boca Raton because they
wanted larger quarters. Dr. Kirson asked if the City of Delray Beach gave the Infinity
Sales Group any incentive to stay here and stated he would appreciate it if the City
Manager could look into this. Dr. Kirson stated we have to do something to keep
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business here in Delray Beach.
Secondly, Dr. Kirson stated Delray Beach is down approximately 20
police officers (approximately 30 when people are out on leave, etc.) and crime is on the
rise. He stated there is now a request for bids on Carver Estates and for two years it was
zoned for 12 residential units per acre and it is now zoned for 24 residential units per
acre. Dr. Kirson stated there is a company called PRIDE out of Miami and possibly New
Orleans and they are looking for a builder. He stated there is a possibility they could do
400 units of low income government subsidized housing.
11.B.2. Do_ulllas Kenny, 900 Dogwood Drive, Delray Beach, FL (Tropic Bay
Condominium), stated very soon the Commission will have the task of either rezoning
the Ralph Buick property to commercial to accommodate Wal-Mart or protecting the
residents of Tropic Isle. Mr. Kenny stated Wal-Mart will have an undesirable impact on
their community and a dramatic increase in car and truck traffic on an already busy road.
He stated the Wal-Mart will run 24 hours a day seven days a week. Mr. Kenny stated
there will be a serious increase in vehicular traffic, noise pollution, and light pollution as
Wal-Mart lights up not only their store but their parking lots as well. He distributed
photographs taken from the Tropic Bay Condominium Bldg. #7 overlooking this
property. Mr. Kenny stated a big box store at Ralph Buick property is incompatible with
the vision of Delray as a village-by-the-sea.
11.11.3. Albert Richwagen, 251 N.E. 17th Street, Delray ,Beach, FL 33444
Richwa en's Bike and Sport located at 298 N.E. 6th Avenue Delray Beach FL
33444), stated his family's business was established in downtown Delray Beach in 1961
and they will soon celebrate its 50th anniversary. Mr. Richwagen stated while reading the
Green Implementation Advancement Board minutes he noticed that the public bike rental
sharing kiosk program was discussed. He stated while he agrees with promoting green
transportation he is surprised that the only 50 year old bike store in town was not notified,
advised, nor consulted. Mr. Richwagen stated assembling bicycles, selling and renting
bikes, and maintaining and repairing them is his core business. He stated given the
economic conditions now is not the time for government to compete with small
businesses. Mr. Richwagen stated he continues to be financially and civically committed
to the City of Delray Beach and urged the Commission to remain committed to local
small businesses by communicating and working together. He inquired about how he can
formally ask about the repair contract and/or possibly being the rentor. Mr. Richwagen
entered a document into the record.
II.B.4. Dorothy Ellington, Delray Beach Housing Authority, stated the Delray
Beach Housing Authority issued an RFP (Request for Proposal) for a developer for
Carver Estates. Ms. Ellingsworth stated the RFP will be consistent with the
recommendations from the community when they held their strategic planning session in
January. She stated the plans they have for that community were approved by the Board
on January 11 th. Ms. Ellingsworth stated they will have a pre-submission conference
tomorrow afternoon with interested developers and hopefully get their project back on
track.
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13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager
I
None.
13.B. City Attorney
I
None.
O.C. City Commission
O.C.I. Mr. Fetzer
Mr. Fetzer stated there is a rezoning request coming up in May before the
Planning and Zoning Board regarding the new Wal-Mart that is being proposed at the old
Ralph Buick property. He stated he would like to hear recommendations from Francisco
Perez-Azua, Economic Development Director.
13.C.2. Mr. Eliopoulos
Mr. Eliopoulos stated he supports the Wal-Mart project and stated with
regard to the process this will be going to Planning and Zoning for rezoning, then come
to the Commission for recommendation, and if the project is approved it would go back
through the Site Plan Review and Appearance Board (SPRAB) approval process. Mr.
Eliopoulos stated then the applicant would not be coming back before the Commission
unless they came for a conditional use for the 24-hours. The City Manager stated unless
the Commission appeals the SPRAB decision.
Secondly, he attended the Employee Barbeque on Friday, April 16, 2010
and it was a great turnout.
13.C.3. Mrs. Gray
Mrs. Gray stated she had the pleasure last week of going to Miami for a
fundraising event for President Barack Obama and he was the guest speaker. She stated
the event was well attended and it was a nice event.
Secondly, Mrs, Gray stated she and Alberta McCarthy attended an
"Undoing Racism" Workshop that was held for three days. Mrs. Gray stated she is glad
that the City is investing and spending money towards RACE relations.
13.C.4. Mr. Frankel
Mr. Frankel stated he too attended the Employee Barbeque and it was well
attended.
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04/20/10
Secondly, Mr. Frankel stated he attended the Circle on the Square
fundraiser for Old School Square and there was a record turnout. He stated the
Committee Chairs and everyone involved did a great job.
Lastly, Mr. Frankel stated he would like to get more information about the
Financial Review Board letter.
13.C.5. Mayor McDuffie
Mayor McDuffie stated he is sorry he missed the Employee Barbeque on
Friday.
Secondly, Mayor McDuffie stated he met with Mrs. Archer and discussed
the Drug Task Force website.
Mayor McDuffie stated he attended a celebration of American Legion Post
#65. He stated Post #65 was built between the years 1919-1921 and is the oldest Post
Home in the State of Florida. He stated it was a great celebration for the soldiers and
they are always celebrating our veterans and active armed forces. Mayor McDuffie
stated Forgotten Soldiers was also there and it was a great event.
Lastly, Mayor McDuffie stated there are at least two people in the City of
Delray Beach that are 103 years old. He stated he and Commissioner Gray had an
opportunity to go to lunch with a lady by the name of Rose who turned 103 years old and
her daughter is 87 years old. Mayor McDuffie stated he also attended a birthday
celebration at Pompey Park for Thomas Hickman who turned 103. Mr. Hickman has 13
children and over 100 grandchildren.
There being no further business, Mayor McDuffie declared the meeting
adjourned at 7:28 p.m.
�.
A,'L
City Clerk
ATTEST:
MAYOR
i
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04/20/10
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 April 20, 2010, which Minutes were formally approved and adopted by the City
i
Commission on May 11, 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.
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