10-07-02 SpMtgOCTOBER 7, 2002
A Special Meeting of the City Commission of the City of Delray Beach, Florida, was
called to order by Mayor David W. Schmidt in the Commission Chambers at City Hall at 8:00 a.m.,
Monday, October 7, 2002.
Roll call showed:
Present -
Commissioner Patricia Archer (arrived 8:10 a.m.)
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Commissioner Jeff perlman
Mayor David W. Schmidt
Absent - None
Also present were -
City Manager David T. Harden
City Attorney Susan A. Ruby and
City Clerk Barbara Garito
Mayor Schmidt called the meeting to order and announced that it had been called for the purpose of
considering the following item:
1. GRANT REQUEST/ATLANTIC GROVE REDEVELOPMENT PROJECT:
Consider a request for waiver of building permit fees in the amount of $150,000.00 from
the Delray Community Development Corporation (CDC) and the Center for Technology,
Enterprise and Development, Inc. (TED Center) regarding the Atlantic Grove
Redevelopment Project.
Lula Butler, Community Improvement Director addressed some of the questions Commission
had at the October 1, 2002 Regular meeting.
The legality of waiving building permit fees; the City Attorney continues to have
concerns with setting a precedent of granting this request.
Clarification of the conditions under which the County granted $600,000 to the
nonprofit partners; a letter was received from the County Housing and Community
Development Director stating that they waive the 50% match requirement dollars and
their agreement did not provide any dollar amount that the City had to contribute.
The partnership agreement between the "for profit" and "nonprofit" partners; Susan
Ruby, City Attorney advised Commission she had reviewed the partnership agreement
and the definition of cash contribution was either cash or property and it's an
interpretation that waiver of expenses would be shared equality by the "for profits"
and "nonprofits"; however, after conversation with the "for profit" partners they
voluntarily would consider any contribution made by the City as being solely for the
credit of the nonprofit partners, again this is an interpretation.
Mr. Perlman moved to approve staff's recommended Option Number 3, of fg50,000
however, with the exception that to the extent possible make the contribution fg?5,000
dependant upon staff's review of the TEA 21 dollars and the shifting of the NW funds.
Repayment should be shared equality by both "nonprofits" to the amount contributed
(fg25,000 or fg37,500 each) either in the form of cash or tangible assets in support of the
Southwest Neighborhood Plan, however the repayment must be approved by staff and the
City Commission, seconded by Mr. Levinson. Upon roll call, the Commission voted as
follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Commissioner
McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote.
Prior to the motion there was discussion regarding the creation of area iobs due to this
proiect and the profits made from this proiect by the "nonprofits" going back into proiects
within Delray Beach.
Mayor Schmidt declared the Special Meeting adjourned at 9:10 a.m.
ATTEST:
City Clerk
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Special Meeting of the City Commission held on
October 7, 2002, which Minutes were formally approved and adopted by the City Commission on
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 amendments, additions or deletions to
the Minutes as set forth above.
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Mr. Perlman moved to approve staff's recommended Option Number 3, of $50,000
however, with the exception that to the extent possible make the contribution $75,000
dependant upon staff's review of the TEA 21 dollars and the shifting of the NW funds.
Repayment should be shared equality by both "nonprofits" to the amount contributed
($25,000 or $37,500 each) either in the form of cash or tangible assets in support of the
Southwest Neighborhood Plan, however the repayment must be approved by staff and the
City Commission, seconded by Mr. Levinson. Upon roll call, the Commission voted as
follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Commissioner
McCarthy- Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote.
Prior to the motion there was discussion regarding the creation of area jobs due to this
project and the profits made from this project by the "nonprofits" going back into projects
within Delray Beach.
Mayor Schmidt declared the Special Meeting adjourned at 9:10 a.m.
ATTEST:
MAYOR
City Clerk
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Special Meeting of the City Commission held on
October 7, 2002, which Minutes were formally approved and adopted by the City Commission on
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 amendments, additions or deletions to
the Minutes as set forth above.
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