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04-09-96SpMtg APRIL 9, 1996 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jay Alperin in the First Floor Conference Room at City Hall at 6:00 P.M., Tuesday, April 9, 1996. Roll call showed: Present - Commissioner Kevin Egan Commissioner Ken Ellingsworth Commissioner David Randolph Mayor Jay Alperin Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby The special meeting was called to consider the following: (1) ECONOMIC INCENTIVE GRANT AGREEMENT/A.B.C. CARPET COMPA- NY OF FLORIDA Consider the Economic Incentive Grant Agreement between the City and A.B.C. Carpet Company of Florida. The City Attorney stated that there has been a change in one of the provisions of the agreement (Page 4, Item 3c), wherein the agreement currently provides that the City shall pay an amount equal to any increases in the taxes assessed for the land and buildings since the $58,270.45 assessment of 1995. She reported that there has been some discussion of a compromise with A.B.C. Carpet's New York Office to have the Property Appraiser's Office provide an estimate of the ad valorem taxes for the land and buildings as they currently exist. She stated that some depreciation was figured into the last assess- ment. Apparently, the previous owner had made some renovations to the building itself. The City Attorney felt the only fair way to approach the situation is to get the current value of the buildings with the improvements made, and use the assessment on that value as the number over which the City would pay an amount equal to the increases for property taxes for the ten year peri- od. Scott Halim, representing A.B.C. Carpet, stated for the record that A.B.C. Carpet's New York Office agrees to the compro- mise. The City Attorney stated an agreement can be drafted to reflect that both parties agree to accept the Property Apprais- er's estimated value of the building and land as they currently exist as the base over which the City would pay for property tax increases. After discussion, it was the consensus of the Commis- sion to accept the compromise as suggested by the City Attorney. The Commission felt this offer presents an excellent opportunity for the City to establish a pilot program for the Enterprise Zone. Mr. Ellingsworth moved to approve the Economic Incen- tive Grant Agreement based upon the change provision on page 4 as suggested by the City Attorney; that the City agrees on the compromise with A.B.C. Carpet; should either party feel there is a problem with the estimated value, then the issue will have to be further discussed, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. (2) APPOINTMENT OF OUTSIDE COUNSEL/BOOKS, HENRIQUES, SEMOSH ET AL v. CITY. Appoint outside counsel in the case of Brooks, Henriques, and Semosh v. City of Delray Beach. Mr. Egan moved to appoint Jim Linn as outside counsel in the case of Brooks, Henriques, and Semosh versus City of Delray Beach, Florida, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Egan - Yes. Said motion passed with a 4 to 0 vote. There being no further business, Mayor Alperin declared the special meeting adjourned at 6:10 p.m., at which time the Commission convened the regularly scheduled workshop meeting. ~ City C~erk ATTEST: 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 April 9, 1996, which Minutes wer~ formally approved and adopted by the City Commission on ~O~<~_ /~ /~g~ City/Clerk - ' -2- 4/09/96 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. 3 4/09/96