02-19-08 Minutes RegFEBRUARY 19.2008
A Regulaz Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Rita Ellis in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, February 19, 2008.
1. Roll call showed:
Present - Commissioner Gary Eliopoulos
Commissioner Fred Fetzer
Commissioner Woodie McDuffie
Commissioner Brenda Montague
Mayor Rita Ellis
Absent - None
Also present were - David T. Harden, City Manager
Brian Shutt, Assistant City Attorney
Susan A. Ruby, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Chaplain Ron Arflin with Abbey
Delray South.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mayor Ellis requested that Item 8.D., Resolution No. 07-08/Florida
Department of Transaortation (FDOT)/Joint Participation Aereement be removed
from the Consent Agenda and moved to the Regular Agenda as Item 9.A.A. Also, under
Item 10.D., Ordinance No. 31-07 will be moved up under Public Hearings to Item
10.A.A.
Mrs. Montague moved to approve the Agenda as amended, seconded by
Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr.
McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said
motion passed with a 5 to 0 vote.
5. APPROVAL OF MINUTES:
Mr. Fetzer moved to approve the Minutes of the Annual Citizen's
Roundtable Meeting of Januazy 30, 2008, seconded by Mr. McDuffie. Upon roll call the
Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis
- Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote.
Mr. McDuffie moved to approve the Minutes of the Regular Meeting of
February 5, 2008, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as
follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -
Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote.
Mr. McDuffie moved to approve the Minutes of the SpeciaUWorkshop
Meeting of February 12, 2008, seconded by Mrs. Montague. Upon roll call the
Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -
Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
6.A. Water for Our Children Day -March 7.2008
Mayor Ellis read and presented a proclamation hereby recognizing Friday,
Mazch 7, 2008 as Water for Our Children Day in the City of Delray Beach. John
Marshall came forward to accept the proclamation and gave a few brief comments.
7. PRESENTATIONS:
7_A. NONE
8. CONSENT AGENDA: City Manager Recommends Approval
8_A. CONTRACT ADDITION (C.O. 1)/RANDOLPH & DEWDNEY
CONSTRUCTION. INC.: Approve a Contract Addition (C.O. No. 1) in the amount of
$39,227.86 to Randolph & Dewdney Construction, Inc. for additional renovation work to
the Pompey Park Community Center Project. Funding is available from 380-4250-572-
62.62 (2004 G.O. Bond/Buildings/Pompey Pazk Expansion).
8_B. SERVICE AUTHORIZATION NO. 04-10/CH2M HILL. INC.:
Approve Service Authorization No. 04-10 in the amount of $63,597.00 to CH2M Hill,
Inc. for professional engineering services in conducting Groundwater Modeling and for
prepazation of the Water Use Permit Application. Funding is available from 441-5122-
536-31.30 (Water/Sewer Fund/Engineering/Architect).
8_C. RESOLUTION NO. OS-08/FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT)/ROADWAY TRANSFER AGREEMENT: Approve
and adopt Resolution No. OS-08 authorizing execution of a Roadway Transfer Agreement
with the Florida Department of Transportation (FDOT) to transfer Depot Road from
FDOT to the City.
The caption of Resolution No. OS-08 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, APPROVING A
ROADWAY TRANSFER AGREEMENT FOR DEPOT
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ROAD FROM NW 2"d AVENUE TO LAKE IDA ROAD
FROM FDOT TO THE CITY AND AUTHORIZING THE
EXECUTION OF THE AGREEMENT.
(The official copy of Resolution No. OS-08 is on file in the City Clerk's
office.)
8_D. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.
8_E. RENEWAL/SEA TURTLE MONITORING CONTRACT WITH DR
JOHN FLETEMEYER: Approve and authorize the renewal of an agreement with Dr.
John Fletemeyer for the sea turtle monitoring program for three (3) years (through
October 31, 2010) at a yeazly rate of $38,750.00. Funding is available from 332-4164-
572-34.90 (Beach Restoration Fund). The cost is partially reimbursed by federal and
state appropriations.
8_F. AMENDMENT NO. I/NAMING RIGHTS CONTRACT/
FUTBOLMASTERS. INC.: Approve Amendment No. 1 to the Naming Rights
Contract between the City and FutbolMasters, Inc. extending the contract for six (6)
months.
8_G. S_PECIAL EVENT REQUEST/BIG SHOT VOLLEYBALL
TOURNAMENT: Approve a request from East End Volleyball for the Big Shot
Volleyball Tournament to be held at the municipal beach on March 29 and 30, 2008.
8.H. SPECIAL EVENT REOUEST/EASTER SUNRISE SERVICE•
Approve a request for an Easter Sunrise Service to beheld on March 23, 2008, granting a
temporary use permit per LDR Section 2.4.6(F) for the closure of South Ocean Boulevard
from Atlantic Avenue to Miramar from 6:00 a.m. to 7:30 a.m., grant the use of the
pavilion, authorize staff support for traffic control, barricading and EMS presence.
8_I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period February 4, 2008 through February 15, 2008.
8_J. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Dell in the amount of $16,547.84 for a server
for the in-car video system for the Police Department. Funding is
available from 334-2111-521-64.90 (General Construction
Fund/Other Machinery/Equipment).
2. Purchase award to Fortis SE Document Management System
through PMI Imaging Systems in the amount of $25,235.00 for
upgrades to the Canofile System at the Police Department.
Funding is available from 001-2111-521-66.10 (General
Fund/Software).
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3. Purchase awazd to Hector Turf in the amount of $21,584.38 for the
purchase of one (1) Toro Groundmaster 3100 with 11 blade cutting
units and wiehle rollers for the Delray Beach Golf Course.
Funding is available from 445-4761-572.64.90 (Delray Beach
Municipal Golf Course Fund/Other Machinery/Equipment).
4. Purchase award to Metron-Farrier, LLC in the amount of
$37,689.00 for the purchase of 33 lazge water meters to continue
the Lazge Water Meter Replacement Program. Funding is
available from 442-5178-536-61.81 (Water/Sewer Renewal &
Replacement Fund/Water Meter Replacement Program).
5. Approve a contract award to Jade Communications, Inc. in the
amount of $60,845.00 (County Contract #05193) for the cabling
and equipment move to the new Information Technology building
and a contract award to APC Systems in the amount
of $302,610.00 (State Term Contract) for the air conditioning rack
system, fire suppression systems, and the UPS battery backup
systems. Funding is available from 334-6112-519-62.85 (General
Construction Fund/Capital Outlay/City Hall Expansion/IT
Building). The award to APC system is recommended contingent
upon the City Attorney's Office and vendor reaching agreement on
the terms of the contract.
Mr. Eliopoulos moved to approve the Consent Agenda as amended,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr.
Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor
Ellis -Yes. Said motion passed with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A.A. RESOLUTION NO. 07-OS/FLORIDA DEPARTMENT OF
TRANSPORTATION (FOOT)/JOINT PARTICIPATION AGREEMENT: Approve
and adopt Resolution No. 07-08 authorizing execution of a Joint Participation Agreement
(JPA) with the Florida Department of Transportation (FOOT) to accept funding in the
amount of $180,180.00 over the next three (3) years for the expansion of the Downtown
Roundabout Shuttle System.
The caption of Resolution No. 07-08 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, APPROVING
THE JOINT PARTICIPATION AGREEMENT WITH
THE FLORIDA DEPARTMENT OF TRANSPORATION
FOR FUNDING OF THE TRI-RAIL SHUTTLE
SERVICE EXPANSION AND AUTHORIZING THE
EXECUTION OF THE AGREEMENT.
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(The official copy of Resolution No. 07-08 is on file in the City Clerk's
office.)
Mayor Ellis stated there is also a grant from the Community
Redevelopment Agency (CRA) that is proposed to make up another part of the funding
($30,030.00 per year for three years). Mayor Ellis stated she spoke with Palm Beach
County Commissioner McCarty and she has agreed to fund the City's portion for three
years at $90,000.00 towards the expansion of this shuttle.
Mrs. Montague moved to approve Resolution No. 07-08, seconded by Mr.
Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr.
McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said
motion passed with a 5 to 0 vote.
9_A. AMENDMENT NO. 1 TO THE AGREEMENT/WIFI
SERVICES/DELRAY BEACH WI-FI, INC.: Consider approval of Amendment No. 1
to the Wireless Broadband Agreement between the City and Delray Beach WI-FI, Inc.;
and Consent to Assignment with e-Path Communications of Delray Beach, Inc. regarding
the Wi-Fi system throughout the entire City; or provide direction regarding terminating
the agreement.
Brian Shutt, Assistant City Attorney, stated the only thing Delray Beach
Wi-Fi, Inc. will agree to now is an extension of the ability to construct the Wi-Fi free
service downtown. Mr. Shutt stated they would like approximately seven weeks up
through April 18, 2008. He stated this is reverting back to the original terms of the
agreement.
The City Attorney stated Delray Beach Wi-Fi will abide by the original
agreement by giving the City of Delray Beach the computers; however, it will not be
upfront as the City tried to get them to do. She stated this approval would be subject to
receiving the Consent to Assignment and subject to receiving the Corporate Resolution.
Mr. Fetzer asked for clarification regarding the seven week extension. Mr.
Shutt stated Delray Wi-Fi will try to do along Atlantic Avenue in the boot area and they
think they can do it along Atlantic Avenue but they just cannot go three blocks north or
three blocks south in the boot area along Atlantic Avenue. Mr. Shutt stated the
timeframe was November 2007 and noted that Delray Beach Wi-Fi stated they had issues
with Florida Power and Light (FPL). Mr. Fetzer asked if Delray Beach Wi-Fi has a joint
agreement with FPL. In response, Mr. Shutt stated Delray Beach Wi-Fi has provided him
with documentation and it appeazs they have an agreement with FPL to use their poles.
The City Attorney stated Delray Beach Wi-Fi has represented that they are the only ones
in Florida with such an agreement.
Mr. Fetzer stated he feels the City should go ahead and approve giving
Delray Beach Wi-Fi the additional seven week extension; however, he would not be in
favor of anything beyond that. The City Attorney stated that is for the free downtown
service and then they have 90 days to complete other parts of it.
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Mrs. Montague asked if Delray Beach Wi-Fi does not complete their part
of the agreement after the seven weeks what position the City is in. Mr. Shutt replied that
he would bring this back to the City Commission and seek approval to begin the
cancellation proceedings if Delray Beach Wi-Fi has not complied with the terms.
Furthermore, he stated at the end of the seven weeks if the City goes downtown and there
is no free service then Delray Beach Wi-Fi has not complied with the teens of the
agreement.
Brief discussion between the Commission followed.
Mr. Fetzer moved to approve Amendment No. 1 to the Wireless
Broadband Agreement between the City of Delray Beach and Delray Beach Wi-Fi, Inc.,
seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr.
McDuffie -Yes; Mrs. Montague - No; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr.
Fetzer -Yes. Said motion passed with a 4 to 1 vote, Commissioner Montague dissenting.
Mr. Eliopoulos moved to accept the Consent to Assignment subject to
Corporate Resolution, seconded by Mr. Fetzer. Upon roll call the Commission voted as
follows: Mrs. Montague - No; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -
Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 1 vote, Commissioner
Montague dissenting.
9_B. AGREEMENT/ATC INTERNATIONAL, INC.: Consider approval of
an agreement between the City and ATC International, Inc. for the construction and
installation of eleven (11) retractable towers at various points throughout the City.
Funding is available from 551-1575-591-45.50 (Business Insurance Fund/Property
Claims).
Brian Shutt, Assistant City Attorney, stated this is an agreement with a
company to finish construction of 11 towers throughout the City to help as a backup
system to the fiber network that is out there now. He stated the radios that would be
placed on these antennas would be a backup. Mr. Shutt stated this company actually
assumed control of the other company that the City had originally contracted with and the
City is trying to have the job completed with this company. He stated there are still
monies outstanding and a large portion of the funds actually came from a FEMA grant.
Joseph Safford, Finance Director, stated there are eleven towers already
installed and what is not working is the Wi-Fi equipment. Therefore, he stated they need
to change out the Wi-Fi equipment. Mr. Safford stated the original towers were
contracted with JBE Technology and they went out of business. The assets were
purchased by ATC International, Ina (ATCI). Mr. Safford stated staff is requesting to
change the agreement to ATC Intemational, Inc. so they can finish the work and get the
Wi-Fi towers up and working. He noted that this is not for use by the public but it is a
City Wi-Fi system that would be used as a backup to the City's fiber network.
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Mrs. Montague asked if the City controls the contract. Mr. Safford stated
the City controls and the cost is one hundred percent (100%) covered by either FEMA or
the City's insurance for Hurricane Wilma.
Mrs. Montague moved to approve the agreement between the City of
Delray Beach and ATC International, Inc. for construction of eleven (11) retractable
towers, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows:
Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs.
Montague -Yes. Said motion passed with a 5 to 0 vote.
9_C. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT
CTW, CLC: Approve and ratify the Collective Bargaining Agreement and
Memorandum of Understanding between the City and the Service Employees
International Union (SEIiJ)/Florida Public Services Union, CTW, CLC (formally
National Conference of Firemen and Oilers (NCF&O)), for a three (3) year period from
October 1, 2007 through September 30, 2010.
Bruce Koeser, Human Resources Director, stated he is pleased to announce
that the City has a three year agreement with the service employees and highlights
include: (1) allows the employee to be compensated for working in a higher
classification once the employee works five (5) consecutive working days in the higher
classification (moved from ten (10) days), (2) increase in wages 2% across the Board
retroactive to January ls` and year three will be a wage re-opener, (3) change to
bereavement leave for employees attending funerals out-of--state have increased from 3
days to 5 days, (4) lump-sum bonus for those who are maxed out retroactive back to
October ls`, (5) the City will discontinue the 1% match to the ICMA 457 Plan.
Mr. Eliopoulos moved to approve the Service Employees Intemational
Union (SEIU), seconded by Mr. Fetzer. Upon roll call the Commission voted as follows:
Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes;
Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote.
9_D. CHANGE TO CITY'S GROUP BENEFITS BROKER: Consider
approval to change the City's Group Benefits Broker from the Gehring Group to Benefit
Management Group (BMG), a division of Gallagher Benefit Services.
Bruce Koeser, Human Resources Director, stated the City of Delray Beach
has an opportunity to make a change in the City's group benefits broker for Medical
Group benefits. Mr. Koeser stated the City has met with Benefit Management Group
(BMG), a division of Gallagher Benefit Services, to discuss the possibility of using BMG
as the City's Broker of Record. The City of Delray Beach currently uses the Gehring
Group who has about six people and Gallagher Benefit Services has approximately 24
people and better resources. Mr. Koeser stated staff feels they can save some money and
come up with more cost efficient programs for our employees. He stated to get them in
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as our broker the City's annual cost will drop from a $107,000.00 a year average to
$90,000.00. Staff recommends using Benefit Management Group (BMG) as our Agent
of Record for Group Benefits effective April 1, 2008.
Mr. McDuffie moved to approve the City's Group Benefits Broker from
the Gehring Group to Benefit Management Group (BMG), a division of Gallagher
Benefit Services, as the City's Agent of Record for Group Benefits, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr.
McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said
motion passed with a 5 to 0 vote.
9_E. HISTORICAL MARKF.R/SR AlA: Consider approval of the
placement of a historical marker on the east side of SR AlA at the intersection of Bay
Street and SR AlA.
The City Manager stated Dottie Patterson has worked with the people that
want to pay For this to work out the language. He stated Ms. Patterson has worked very
hazd to get it down to something which will be reasonable and still appropriately
memorialize the contribution of the people who created the municipal beach.
Mrs. Montague asked if this establishes a pattern for the City in terms of
the look of historic markers. In response, Ms. Patterson stated this mazker will be similar
to two other markers in the beach area.
The City Manager stated in the historic districts those mazkers would be
post mounted but because the City already has some markers that are mounted on chunks
of coral staff felt it would be appropriate to have the same type mounted.
Mr. Eliopoulos moved to approve the placement of a historical marker on
the east side of SR AlA at the intersection of Bay Street and SR AlA, seconded by Mr.
McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs.
Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said
motion passed with a 5 to 0 vote.
9.F. APPOINTMENTS TO THE BOARD OF ADJUSTMENT:
Appoint two (2) regular members and two (2) alternate members to the Board of
Adjustment to serve two (2) year terms ending August 31, 2009. Based upon the rotation
system, the appointments will be made by Commissioner Montague (Seat #4), Mayor
Ellis (Seat #5), Commissioner Eliopoulos (Seat #1), and Commissioner McDuffie (Seat
#3).
Mrs. Montague moved to appoint Harvey Starin to the Board of
Adjustment as a regular member for a two (2) year term ending August 31, 2009,
seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs.
Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr.
McDuffie -Yes. Said motion passed with a 5 to 0 vote.
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Mayor Ellis stated she wished to appoint Mel Pollack to the Board of
Adjustment as a regular member for a two (2) year term ending August 31, 2009. Mr.
Fetzer so moved, seconded by Mr. McDuffie. Upon roll call the Commission voted as
follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -
Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote.
Mr. Eliopoulos moved to appoint Jess Sowazds to the Board of
Adjustment as an alternate member for a two (2) year term ending August 31, 2009,
seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr.
Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor
Ellis -Yes. Said motion passed with a 5 to 0 vote.
Mr. McDuffie moved to appoint Bernazd Federgreen to the Board of
Adjustment as an alternate member for a two (2) year term ending August 31, 2009,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr.
Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr.
Eliopoulos -Yes. Said motion passed with a 5 to 0 vote.
9_G. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one
(1) alternate member to the Civil Service Boazd to serve an unexpired term ending July 1,
2008. Based upon the rotation system, the appointment will be made by Commissioner
Eliopoulos (Seat #1).
Mr. Eliopoulos moved to appoint Elaine Calabrese to the Civil Service
Board as an alternate member to serve an unexpired term ending July 1, 2008, seconded
by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. McDuffie -
Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes.
Said motion passed with a 5 to 0 vote.
9_H. APPOINTMENT TO THE HIDS AND COPS COMMITTEE:
Appoint one (1) At Large Representative to the Kids and Cops Committee to serve a
partial term ending on November 30, 2009. Based upon the rotation system, the
appointment will be made by Commissioner McDuffie (Seat #3).
Mr. McDuffie stated he would like to defer his appointment to the March
3, 2008 regular meeting.
9_I. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY
COUNCIL: Appoint one (1) regular member from Zone 5 to the Neighborhood
Advisory Council to serve an unexpired term ending October 31, 2008. Based upon the
rotation system, the appointment will be made by Commissioner Montague (Seat #4).
Mrs. Montague stated she would like to defer her appointment to the
March 3, 2008 regular meeting.
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At this point, the time being 6:41 p.m., the City Attorney suggested that
the Commission move to Items 10.B. and 10.C. because these are not Public Hearings.
10.B. PURCHASE AND SALE AGREEMENT/COMMUNITY
REDEVELOPMENT AGENCY (CRA) AND DEVELOPER: Consider approval of
the Purchase and Sale agreement between the Community Redevelopment Agency
(CRA) and the Developer in the amount of $3,000,000.00 for the redevelopment of the
entire old library site, with the City as a third party beneficiary.
Commissioner Eliopoulos declazed a conflict of interest and stepped down
from the dais.
The City Attorney stated the City is a third party beneficiazy and when
staff gets to Item 10.A. the City agrees to transfer the remaining land to the Community
Redevelopment Agency (CRA). The City Attorney stated then the CRA will package
together all the lands and they will sell it to the developer. She stated as a third party
beneficiary the City has certain rights to parking that will take place under those
agreements.
The City Manager stated when the sale takes place the City of Delray
Beach will receive $1.3 million as its share.
Mrs. Montague moved to approve the Purchase and Sale Agreement
between the Community Redevelopment Agency (CRA) and the Developer in the
amount of $3,000,000.00 for the redevelopment of the entire old library site, with the
City as a third party beneficiary, seconded by Mr. McDuffie. Upon roll all the
Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -
Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote.
10_C. DELRAY BEACH CHAMBER OF COMMERCE RELOCATION
AND PUBLIC PARHING AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY (CRA): Consider approval of the Relocation and Public Parking Space
Agreement between the City, the Community Redevelopment Agency (CRA) and the
Delray Beach Chamber of Commerce for the relocation of the Chamber of Commerce to
the Old School Square Parking Gazage.
from the dais.
Commissioner Eliopoulos declared a conflict of interest and stepped down
The City Attomey stated this is an agreement between the Community
Redevelopment Agency (CRA), the Chamber of Commerce, and the Developer and
provides for the relocation of the Chamber of Commerce to the Old School Square
Garage retail space facing N.E. 2nd Avenue and contains 6,380 square feet of space. The
City Attomey stated there is a provision in the agreement that the location could change
to the north side on N.E. ls~ Street provided that would be available at some time
depending on what happens there. The financial terms of this is that the developer will
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build out the space for the Chamber in the amount of $473,175.00. There will be
additional monies contributed by the CRA to further build out that space.
The City will receive additional monies as well for the public parking
spaces, etc. that will not have to be built at the old library site due to the Chamber
relocation at this site and the City of Delray Beach will receive $15,600.00 x 20 spaces.
They will pay certain relocation expenses for the Chamber and the City of Delray Beach
will receive $312,000.00 if the Chamber gets relocated here and the number of spaces
they provide over there is 70 spaces. The City Attorney stated once this agreement is
signed then the relocation is fixed and they have chosen this space to be the space.
However, that is dependent upon them closing on the other space which could take a little
bit of time. Therefore, the City Attorney stated this space may look vacant for a while
until the developer starts building the space out for the Chamber.
Mr. McDuffie expressed concem whether we would have enough space
left for the type of tenant the City is trying to attract in the gazage. He stated he believes
the squaze footage was minus this squaze footage. The City Attorney stated that is a
consideration because once the City approves it everyone else approves it, then the City
has committed this space.
Mr. McDuffie moved to approve the Relocation and Public Parking Space
Agreement between the City of Delray Beach, the Community Redevelopment (CRA)
and the Delray Beach Chamber of Commerce for the relocation of the Chamber of
Commerce to the Old School Square Parking Gazage, seconded by Mrs. Montague.
Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Fetzer -Yes;
Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote.
11_A. City Manager's response to prior public comments and inquiries.
inquiries.
The City Manager had no response to prior public comments and
11.B. From the Public.
11.B.1. Alice Finst. 707 Place Tavant, Delray Beach, stated she was trying to
listen to the radio broadcast on 1620 am and noted that it does not reach well into the
Congress Avenue area. She stated it is garbled, it is on top of another signal and it has
zapping sounds in it. Mrs. First stated the signal did not get cleaz until she got to 5`h and
asked the Commission to give thought to whatever guarantee the City had on that
contract for cleaz and efficient operation.
Secondly, Mrs. Finst expressed concern over the street signs that aze down
in her community (Chatelaine). She stated she went on the City's website to the Q-Alert
System (a/k/a Citizen Service Requests) several months ago to express concern. Mrs.
Finst stated she also had a conversation with a Police Officer who is very familiar with
the neighborhood who also reported the same missing signs for several months. She
urged the Commission to look into this situation.
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11.B.2. Jason Mankoff, 102 North Swinton Avenue, Delray Beach,
commended the City Commission for all the activities that were being held last weekend.
He stated he took his children to the Open House at the Fire Station and noted at the same
time the Gazlic Festival and the tennis tournament were also being held. Mr. Mankoff
thanked the Commission for all of the entertainment that is being provided throughout the
community.
11.B.3. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, expressed concern
over the garbage and debris thrown by the railroad tracks (concrete pillars that have been
thrown there and old tracks from when they change out the tracks). She stated the people
working on the railroad do not discard what they take up but instead just leave it there.
She confronted the railroad people who were fixing the railroad crossings they indicated
that it was the City's responsibility to clean everything up. Ms. Moody asked what the
City's responsibility is and what the Florida Department of Transportation's (FDOT)
responsibility is. She stated everyone who is building in the City should be picking up
their debris and throwing it away. Ms. Moody asked who is going to start enforcing this
immediately.
At this point, the Commission moved to Item 13, Comments and
Inquiries on Non-Agenda Items from the City Attorney and the City Manager.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.B. City Attorney
The City Attorney stated her grandchildren were in town over the
weekend and they went to the beach and attended the Chili Cook-off. She stated there
were tons of things to do and it is always fun.
13.A. City Manaser
The City Manager stated he attended the League of Cities Boazd Meeting
this week and commented that in view of the financial situation that all the cities are
facing, the Board voted to have no dues increased this year. The Board also voted to
move the Associates Showcase to the month of Februazy. He stated the County's Impact
Fee Manager made a presentation to the Board of the increases in impact fees that have
been recommended by their consultant (80-100%). The County's Impact Fee Committee
is recommending no increase and the League of Cities Board is also recommending no
increase. The City Manager stated there was also a presentation from the Palm Beach
County Wireless Initiative which they have changed the name to the Broadband Initiative
and they are speaking more about using the fiber used lazgely for traffic signal control
and also what is called Lambda Rail which is fiber that runs along the railroads that
makes a circular route through the State and connects all the universities. He stated the
City uses the County's fiber and it looks like there maybe some more opportunities for
the City. The City Manager stated the Installation of Officers this year will be a luncheon
event to help reduce the costs and is planned for the West Palm Beach Marriott on May
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28, 2008 and the cost is $50.00 per person and Ken Kaleel from Ocean Ridge will be
installed as the new President on that date. The City Manager stated several
appointments were approved to the Advisory Boundary Committee and incumbents were
reappointed. He stated Robert Gotlieb was appointed to the Countywide Coastal
Committee and Jeff Naftals, City Manager of Juno Beach, was appointed to the Impact
Fee Review Committee. The League's Golf Tournament that they use for raising money
for scholazships will be on October 10, 2008 in Atlantis and there was some discussion
about the "Let Us Vote PAC". The City Manager stated when he went to the Manager's
training in St. Augustine the Palm Beach County Managers had a meeting with Beth
Rawlins and are starting to get organized to get geared up for the campaign to encourage
people to vote "yes" on that particular County Charter Amendment.
At this point, the time being 6:59 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A.A. ORDINANCE NO. 31-07 (SECOND READING/SECOND PUBLIC
HEARINGI: Privately initiated amendment to the Land Development Regulations
(LDR) amending Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)",
Subsection 4.4.24(B), "Principal Uses and Structures", to include an additional property
that is allowed the permitted uses of the Central Business District (CBD) Zoning District;
amending Subsection 4.4.24(F), "Development Standards", to include an additional
property in the Old School Squaze Historic Arts District (OSSHAD) that is subject to the
standards of the Central Business District (CBD) Zoning District. (THE APPLICANT
HAS REQUESTED POSTPONEMENT UNTIL MAY 6 2008 REGULAR
COMMISSION MEETING)
The caption of Ordinance No. 31-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
THE LAND DEVELOPMENT REGULATIONS OF
THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE
HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION
4.4.24(B), "PRINCIPAL USES AND STRUCTURES"
TO INCLUDE AN ADDITIONAL PROPERTY THAT
IS ALLOWED THE PII2MITTID USES OF THE CBD
ZONING DLSIRICT; AMENDING SUBSECTION 4.4.24(F),
"DEVELOPMENT STANDARDS", TO INCLUDE AN
ADDITIONAL PROPERTY IN THE OSSHAD
DISTRICT THAT IS SUBJECT TO THE
STANDARDS OF THE CBD ZONING DISTRICT;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTNE DATE.
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02/19/08
(The official copy of Ordinance No. 31-07 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.
Mayor Ellis declared the public hearing open. There being no one from
the public who wished to address the Commission regazding Ordinance No. 31-07, the
public hearing was closed.
Mr. Fetzer moved to postpone Ordinance No. 31-07 (Second
Reading/Second Public Hearing) to a date certain of May 6, 2008 at 7:00 p.m. to continue
the public hearing on this item, seconded by Mr. Eliopoulos. Upon roll call the
Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -
Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote.
10.A.
At this point, the time being 7:01 p.m., the Commission moved to Item
10_A. RESOLUTION NO. 03-08/CONTRACT FOR SALE AND
PURCHASE OF PROPERTY/COMMUNITY REDEVELOPMENT
AGENCY/TRI-PARTY INTERLOCAL AGREEMENT: Consider approval of
Resolution No. 03-08 authorizing the City to sell certain real property located behind the
Old Delray Beach Library, for the redevelopment of the old library site; and approve a
Tri-Party Interlocal Agreement between the City and the Community Redevelopment
Agency (CRA) which will allow the transfer/sale of Lots 14, 15, 16, 17 and 18 of Block
101 to the CRA to facilitate the ultimate transfer by the CRA of the entire old library site
to the Developer selected by the CRA for redevelopment of the site.
The caption of Resolution No. 03-08 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE CITY SELL TO BUYER
CERTAIN REAL PROPERTY IN PALM BEACH
COUNTY, FLORIDA, LOCATED BEHIND THE OLD
LIBRARY, AS DESCRIBED HEREIN, HEREBY
INCORPORATING AND ACCEPTING THE
CONTRACT STATING THE TERMS AND
CONDITIONS FOR THE SALE AND PURCHASE
BETWEEN THE BUYER AND THE CITY OF DELRAY
BEACH, FLORIDA.
(The official copy of Resolution No. 03-08 is on file in the City Clerk's
office.)
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02/19/08
Commissioner Eliopoulos declazed a conflict of interest and stepped down
from the dais.
The City Attorney stated Resolution No. 03-08 incorporates the contract
through the Tri-Party Interlocal Agreement conveying Lots 14, 15, 16, 17 and 18 of block
101 to the Community Redevelopment Agency (CRA) that will be ultimately transferred
by the CRA to the developer. The City will receive all monies over $1.7 million. In
addition, the CRA will pay to the City of Delray Beach at closing $315,450.00 which
represents the difference between the total of the City's costs of constructing the
relocation space and the developer's cost of building out the interior. This is based on the
mazket value of the appraisal done by Anderson & Carr, Inc. The CRA also indicates in
this agreement that they will pay the common area maintenance costs of the parking
facility as agreed. However, the terms of the public facility easement agreement has to
be worked out.
Mayor Ellis declared the public hearing open. There being no one from
the public who wished to address the Commission regarding Resolution No. 03-08, the
public hearing was closed.
Mr. McDuffie moved to approve Resolution No. 03-08 Contract for Sale
and Purchase of Property for a Tri-Party Interlocal Agreement between the City of Delray
Beach and the Community Redevelopment Agency (CRA), seconded by Mrs. Montague.
Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes;
Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote.
10_D. THIS ITEM HAS BEEN MOVED UP TO ITEM 10.A.A
At this point, Commissioner Eliopoulos returned to the dais.
10_E. ORDINANCE NO. 02-08: City initiated amendment to the Land
Development Regulations (LDR) Sections 4.4.13(C), and 4.6.9(E)(4), to apply minimum
property vacancy period requirements for mechanical parking lifts, in-lieu of pazking
fees, and public parking fees for in-fill developments within the Central Business District
(CBD) and also to Appendix "A", Definitions, to amend the definition of In-Fill
Development.
The caption of Ordinance No. 02-08 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,
BY AMENDING SECTION 4.4.13, "CENTRAL
BUSINESS (CBD) DISTRICT", SUBSECTION
4.4.13(C), "ACCESSORY USES AND STRUCTURES
PERMITTED" TO PROVIDE THAT MECHANICAL
PARKING LIFTS ARE A PERMITTED USE FOR AN
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02/19/08
IN-FILL DEVELOPMENT PROJECT THAT HAS
BEEN VACANT FOR A MINIMUM PERIOD OF
ONE YEAR; AMENDING SECTION 4.6.9, "OFF-
STREET PARKING REGULATIONS", SUBSECTION
4.6.9(E), "LOCATION OF PARKING SPACES", SUB-
SUBSECTIONS 4.6.9(E)(3), "IN-LIEU FEE", AND
4.6.9(E)(4), "PUBLIC PARKING FEE", TO PROVIDE
THAT IN-LIEU FEES AND PUBLIC PARKING FEES
ARE AVAILABLE FOR IN-FILL DEVELOPMENTS
THAT HAVE BEEN VACANT FOR A PERIOD OF
FNE YEARS OR LONGER; AMENDING
APPENDIX "A" TO PROVIDE A REVISED
DEFINITION FOR IN-FILL DEVELOPMENT;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTNE DATE.
office.)
(The official copy of Ordinance No. 02-08 is on file in the City Clerk's
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated the City
Commission recently approved some LDR changes which allowed single level
mechanical parking lifts in the Central Business District (CBD) for In-fill Development.
This amendment modifies the timeframe and allows that to be applied to parking lifts for
one year but continues to retain the five years which is in the current definition for the
option of public pazking fees and in-lieu fees options.
At its meeting of November 19, 2007, the Planning and Zoning Boazd
considered the text amendment and the Board recommended approval with a 6 to 0 vote.
Mayor Ellis declared the public hearing open. There being no one from
the public who wished to address the Commission regarding Ordinance No. 02-08, the
public hearing was closed.
Mr. Eliopoulos moved to adopt Ordinance No. 02-08 on Second and
FINAL Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as
follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos
-Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote.
10_F. ORDINANCE NO. 05-08: Consideration of a rezoning from Special
Activities District (SAD) to Open Space and Recreation (OSR) fora 0.72 acre City
owned parcel, located east of the recently approved Midtown Delray mixed-use
development (f.k.a. Bloods Hammock Grove) and west of Orchazd View Park.
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02/19/08
The caption of Ordinance No. OS-08 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED SAD (SPECIAL ACTNITIES DISTRICT) TO
OSR (OPEN SPACE AND RECREATION)
DISTRICT; SAID LAND BEING A PARCEL
LOCATED EAST OF MIDTOWN DELRAY (FKA
BLOOD'S HAMMOCK GROVES) AND WEST OF
ORCHARD VIEW PARK, AS MORE
PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, APRIL 2007"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. OS-08 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.
Paul Dorling, Director of Planning and Zoning, stated this is a 0.72 city-
owned parcel and during the deliberation of Mid-Town Delray it was discovered that the
area continues to be zoned SAD (Special Activities District). Mr. Dorling stated this is a
corrective rezoning to OSR (Open Space and Recreation).
At its meeting of Januazy 28, 2008, the Planning and Zoning Board
considered the rezoning request and recommended approval with a 6 to 0 vote.
Mayor Ellis declared the public hearing open. There being no one else
from the public who wished to address the Commission regarding Ordinance No. OS-08,
the public hearing was closed.
Mrs. Montague moved to adopt Ordinance No. OS-08 on Second and
FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as
follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -
Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote.
10_G. ORDINANCE NO. 07-08: City initiated amendment to the Land
Development Regulations (LDR) Section 2.4.3, "Submission Requirements", Subsection
2.4.3(K), "Fees", Subsection 2.4.3(K)(1), "Development Applications", to provide for an
increase in certain development application fees.
The caption of Ordinance No. 07-08 is as follows:
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02/19/08
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES,
BY AMENDING SECTION 2.4.3, "SUBMISSION
REQUIILEMENTS", SUBSECTION 2.4.3(K), "FEES",
SUB-SUBSECTION 2.4.3(K)(1), "DEVELOPMENT
APPLICATIONS", TO PROVIDE FOR AN
INCREASE IN CERTAIN DEVELOPMENT
APPLICATION FEES; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
office.)
(The official copy of Ordinance No. 07-08 is on file in the City Clerk's
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this is limited to two
fees. He stated where there is a conditional use and site plan combined there is only one
fee and those actions actually have to go before two different Boards and reports have to
be prepared for each of those. Mr. Dorling stated staff split them out and is asking for a
fee for each one. He stated the second fee change is that associated with the development
of single family homes in the Overlay District. There is cunently a fee that is a pass
through to Urban Design Studios and there is no fee the City collects for that although
staff does a review. Staff suggests adding the concept fee to that overall fee.
Mayor Ellis declazed the public hearing open. There being no one from
the public who wished to address the Commission regarding Ordinance No. 07-08, the
public hearing was closed.
Mr. McDuffie moved to adopt Ordinance No. 07-08 on Second and
FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as
follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -
Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote.
10_H. ORDINANCE NO. 10-08: An ordinance creating Chapter 94,
"Municipal Cemetery", of the Code of Ordinances by enacting Section 94.01,
"Authority", to provide for rules and fees for the municipal cemetery.
The caption of Ordinance No. 10-08 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
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02/19/08
CREATING CHAPTER 94, "MUNICIPAL CEMETERY"
OF THE CODE OF ORDINANCES BY ENACTING
SECTION 94.01, "AUTHORITY", TO PROVIDE FOR
RULES AND FEES FOR THE MUNICIPAL
CEMETERY; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTNE
DATE
(The official copy of Ordinance No. 10-08 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.
Brian Shutt, Assistant City Attorney, stated this ordinance provides the
authority for the City of Delray Beach to enact rules and fees for the municipal cemetery.
Mayor Ellis declared the public hearing open. There being no one from
the public who wished to address the Commission regarding Ordinance No. 10-08, the
public hearing was closed.
Mr. Fetzer moved to adopt Ordinance No. 10-08 on Second and FINAL
Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows:
Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes;
Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote.
10.I. RESOLUTION NO. 06-08: Consider approval of Resolution No. 06-08
adopting the rules, regulations and fees for the Delray Beach Memorial Gardens
Municipal Cemetery.
The caption of Resolution No. 06-08 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, APPROVING
THE ATTACHED RULES, REGULATIONS AND FEES
FOR THE DELRAY BEACH MEMORIAL GARDENS
MUNICII'AL CEMETERY.
(The official copy of Resolution No. 06-08 is on file in the City Clerk's
office.)
Brian Shutt, Assistant City Attorney, stated this resolution sets forth the
rules and a couple versions of the fees for the municipal cemetery. He stated one of the
provisions restricts the sale of the interment rights to residents who reside in the City,
provides for the repurchase of the burial rights to the City where they cannot be
transferred to other people or other entities, and provides for presumption of
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02/19/08
abandonment in the case that if a 30 year time period goes by and the City does not have
contact with the person then there is a procedure the City can follow to have the burial
rights come back to the City. In addition, Mr. Shutt noted there are a couple of versions
of the proposed fee structures attached to the rules as well.
Mayor Ellis declared the public hearing open. There being no one from
the public who wished to address the Commission regarding Resolution No. 06-08, the
public hearing was closed.
Mr. Fetzer moved to approve Resolution No. 06-08 subject to the
proposed price changes to the cemetery plots, opening and closing, and the mausoleum,
seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr.
Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr.
Eliopoulos -Yes. Said motion passed with a 5 to 0 vote.
12. FIRST READINGS:
12_A. NONE.
At this point, the Commission moved to Item 13, Comments and
Inquiries on Non-Agenda Items from the Commission.
13.C. City Commission
13.C.1. Mr. McDuffie
Mr. McDuffie stated he and his wife volunteered for S.D. Spady at the
Garlic Festival and the crowds were phenomenal. He did ticket sales outside the food
court and they went through three sets of tickets each which is 1,000 in each bundle in
just the hours they worked which was 10:00 a.m. - 3:00 p.m. Mr. McDuffie stated there
was great entertainment and they had a great time.
Secondly, he stated the tennis tournament was excellent and commended
the volunteers who were checking tickets because they did an admirable job.
Mr. McDuffie stated his father-in-law was in town from Indianapolis and
they attended the Fire-Rescue Department Open House. He stated there were CPR
classes underway; blood pressure testing and the comments from the community about
the City services were temfic. Mr. McDuffie stated this is a phenomenal idea and it is
great outreach into the community. He stated the event was a tremendous success and
Senator Atwater was a great supporter of Delray Beach.
He stated he is going to tune into 1620 on his am radio as he is leaving
tonight to see what he can find out about the radio station.
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02/19/08
Lastly, Mr. McDuffie stated he feels we should offer our thanks and
gratitude and commendations to the faculty and staff of Atlantic High School and the
City of Delray Beach Police Department regazding the situation on Friday. He stated
under pressure they performed magnificently in this unfortunate situation.
13.C.2. Mrs. Monta¢ue
Mrs. Montague stated she attended the Veteran's Park Charrette on
Saturday (Februazy 16, 2008) and they noted they could not have done it without Alice
Finst. Mrs. Montague stated there was wonderful input from citizens discussing options
and possibilities for Veteran's Park.
Secondly, she stated St. Paul AME had its Annual Organizational Tea on
Sunday (February 17, 2008) and paid tribute to a number of leaders, one of them being
Reverend Shazon Austin. Mrs. Montague stated she was very proud to be there and
asked that before Reverend Austin departs the City that we have her for at least two more
times to give the opening prayer. She stated Reverend Austin will be missed and is so
admired in the community.
Lastly, Mrs. Montague stated there will be a Ribbon Cutting Ceremony on
February 23, 2008 at 3:00 p.m. for Donnie's Place. She stated there was a wonderful
article written on Donnie Dobson and the struggle of getting there.
13.C.3. Mr. Fetzer
Mr. Fetzer stated it was a wonderful week in Delray Beach and noted there
were a lot of great activities.
Secondly, Mr. Fetzer stated he had a discussion with the City Manager
regarding the property (QAlert #613) that was damaged as a result of Hurricane Wilma
and noted that there was a pending contract on the property to purchase it. The City
Manager stated the owners have been cooperative and noted the City has only cleaned it
once. The City Manager stated meeting minimum Code requirements is not what people
would like to see in their neighborhoods and he understands the concern of the person
who wrote the letter. Mr. Fetzer stated it is an eyesore.
13.C.4. Mr. Eliopoulos
Mr. Eliopoulos stated the Sandoway House Gala was a nice event and a
creative idea. He stated the competitors did very well and noted it was a good night.
Secondly, he stated Thursday, February 21, 2008, Lake Ida is going to be
having a Design Guidelines Meeting and also meeting on the police and the activity in
Lake Ida. Mr. Eliopoulos stated when we have those it actually does help the Police
Department and cuts down on crime. He stated hopefully he can report back with some
21-
02/19/08
key things that the Police Department has been telling the public on what they have to do
to protect their homes.
Mr. Eliopoulos commented about the QAlert System (a/k/a Citizen
Service Requests) regarding a house (#613) that was damaged during Hurricane Wilma. ,
Lastly, he commented about the Franklin House and suggested that the
City encourage the Community Redevelopment Agency (CRA) to possibly turn over this
project for either the Historic Trust Group or a citizen project.
13.C.5. Mavor Ellis
Mayor Ellis stated she received a letter from Came Hill who is the Palm
Beach County School Boazd District 4 representative, and she was very helpful during
the Plumosa relocation and addition as was Dr. Art Johnson. Mayor Ellis stated Ms. Hill
would like to open the lines of communication and she will be contacting the City of
Delray Beach.
Secondly, Mayor -Ellis stated she and Commissioner Montague will be
going to Tallahassee for the Leagtte of Cities Legislative Action Days. Mayor Ellis
stated she and Doug Smith, Assistant City Manager, went to Washington last yeaz and at
that time the City had lobbyists who made appointments throughout the day and you
could actually meet congressional legislative contacts who handle their appropriations
requests. Mayor Ellis stated the City is working on arrangements so that when our
legislators are in town and in their district, they remember Delray Beach and we can
arrange meetings with various Commissioners on issues that are current. Mayor Ellis
stated the City needs to be represented in "Fly-In" and it is a full program with speakers,
etc. and noted either she and Commissioner Fetzer will attend or she and Assistant City
Manager Doug Smith will attend. Mr. Fetzer stated the Commission will be in a meeting
on the first day of the "Fly-In" all day and he was waiting to see an Agenda to see if it
would be possible to go to the "Fly-In" a little bit late and still be there for the majority of
it. Mayor Ellis commented about Wednesday, April 30, 2008 being the last day of the
Goal Setting Sessions. Mr. McDuffie expressed interest in attending the "Fly-In" if there
is no conflict with the Goal Setting Sessions.
Mr. Fetzer stated since he has attended one of these before and he would
like Commissioner McDuffie to take his place.
The City Manager stated he will contact Lyle Sumek tomorrow and see if
the Goal Setting Sessions can be shifted by one day.
Mayor Ellis stated the Sandoway Gala Auction Friday evening was so
much fun and the top trophy winner was Commissioner Eliopoulos, Diane Colonna and
her partner came in second place, Jay Alperin and his partner came in third place, and a
woman by the name of Jill came in fourth place.
_22_
02/19/08
Mayor Ellis stated she did the State of the City Address for the Chamber
of Commerce.
Lastly, Mayor Ellis briefly commented on the Open House at the Fire
Station and commented that the attendance was great and noted at the same time the
Garlic Festival was going on. Mayor Ellis stated Chief James was meeting and greeting
everyone and Senator Atwater (President and CEO for Riverside Bank) had very nice
things to say about the City of Delray Beach and has agreed to sponsor all of the City's
Open Houses by cooking hot dogs and providing water.
There being no further business, Mayor Ellis declared the meeting
adjourned at 7:49 p.m.
~~~~ c~ ~ . ~ ~~ . ~~
City Clerk
AT
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 February 19, 2008, which Minutes were formally approved and adopted by the City
Commission on March 3, 2008
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.
23 -
02/19/08
FORM 8B 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 COMMnTEE
Elio oulos, Gar P. Delray Beach City Commission
I G DRESS 7HE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMn'TEE ON
~~ ~eorge Bush Boulevard WHICHISERVEISAUNROF:
Clry C ry ~]CfiY ^COUNTY ^OTHER LOCALAGENCY
Delray Beach, Florida 3340~~1 Palm Beac NAME OFPOLIncusueDlwsroN:
DATE ON WHICH VOTE OCCURRED
February 19, 2008
a AaPOINnvE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other klcal 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 112.3143, 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 insfrucUons on 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 Toss of a principal (other than a government agency) by whom he or she is retained (inGuding 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
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited horn voting in that
capacity.
For purposes of this law, a "relative° inGudes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate° means any person 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 disGose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publiGy 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 ofthe 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 disGose 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 fife 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. (Continued on other side)
CE FORM 80 - EFF. 1/2000 \
~ \~ ^ PAGE 1
APPOINTED OFFICERS (continued)
• A cry of the form must be provided immediately fp the other members of the agency.
• The form must be read publidy at the neM meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disdose orally the nature of your conflid in the measure before participafing.
• 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
meefing, who must incorporate the form in the minutes. A copy of the forth must be provided immediately to the other members of the
agency, and the form must be read publidy at the neM meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I Gary P. Eliopoulos ,herebydisdosethaton February 19, 2008
(a) A measure came or will come before my agency which (check one)
_ inured to my special private gain or loss;
XX inured to thespedalgainarlossofmybusinessassodate,~.,° Eliopoulos Architects, Inc
_ inured to the spedal gain or lass of my relative,
_ inured to the spedal gain or loss of
whom I am retained; or
inured to the spedal gain or loss of
is the parent organization or subsidiary of a prindpal which has retained me.
(b) The measure before my agenq and the nature of my confliding interest in the measure is as follows:
February 19, 2008
Date Filed
by
which
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 BB - EFF. 12000 PAGE 2
FORM 8B 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 COMMITTEE
"MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMnTEE ON
OS George Bush Boulevard WHICHI SERVEISAUNROF:
CITY COUNTY CRY OCOUNTY ^OTHER LOCAL AGENCY
elray Beach, Florida 33444 Palm Beach NAME OF POLInCAL SUeDMSION:
DATE ON WHICH VOTE OCCURRED MY POSInON IS:
ebruary 19, 2008 dC ELECTIVE o APPaNnve
WHO MUST FILE FORM 86
This form is for use by any person serving at the county, Gty, or odTer local level of government on an appointed or elected board, coundl,
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 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greedy depending
on whether you hold an elective or appointive position. For this reason, please pay Gose attention to the instructions on 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 (inGuding 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; ar
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-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 disGose the cenflid:
PRIOR TO THE VOTE BEING TAKEN by publiGy staring 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 shoukt incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may partiGpate in these matters. However, you
must disGose 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 HALL 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. (Continued on other side)
CE FORM 80 - EFF. 112000 ~O ^ PAGE 1
APPOINTED OFFICERS (continued)
• A copy of the forth must be provided immediately to the other members of the agency.
• The form must be read publidy at the next meeting after the forth 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 partidpafing.
• You must complete the form and file it within 15 days after the vote ocwrs 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 publidy at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, Gary P. Eliopoulos herebydisdosethaton February 19 .40 08
(a) A measure came or will come before my agency which (check one)
_ inured to my spectal private gain or loss;
BX inuredtathespedalgainorlossofmybusinessassadate, -- - Elioooulos Architects, Inc. _,
inured to the spedal gain or loss of my relative, ,
_ inured to the spedal gain or loss of , by
whom I am retained; or
inured to the spedal gain or loss of which
is the parent organization or subsidiary of a prindpal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
February 19, 2008 -
Date Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR ANO 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 88 - EFF. 1/2000 PAGE 2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME-MIDDLE NAME
i NAME OF a0AF2D, COUNCIL, COhIMISSION AUTFIORITY, CYt OOMMR'TEE
D
l
h
C
o oulos, Gary P.
El e
ray Beac
City
ommission
MAILING ADDRESS TF¢ BOARD, COUNCL, COMMISSNNJ, AUTHORnY OR COMMITTEE ON
205 Geor e Bush Boulevard WHICHI SERVE ISAUNR OF:
GTY ~ GTY O COUNTY
~~~ O OTHER LOCAL AGENCY
Delray Beach, Florida 33
Palm Beach NAME OFPOLmcALSUBDrvISION:
DATE ON WHICH VOTE OCCURRED
February 19, 2008 "n'~~a+~
4{ ELECTIVE O APPOINTryE
WHO MUST FILE FORM 86
This form is for use by any person serving at the ccunty, dty, or other local level of government on an appointed or eleded boanl, coundl,
commissbn, authority, or committee. It applies equally to members of advisory and nonadvisory bodies who are presented with a voting
conflid of Interest under Section 112.3143, Flodda Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflid of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay Gose attention to the instrudions on this form before
completng 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 spedal private gain or loss. Each eleded or appointed local officer also is prohibited from knowingly voting on a rrrea-
sure which inures to the spedal gain or bss of a prindpal (other than a government agency) by whom he or she is retained (induding the
parent organization or subsidiary of a corporate prindpal by which he or she is retained); to the spedal private gain or loss of a relative; or
to the special pdvate gain or loss of a business assodate. 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 officers father, mother, son, daughter, husband, wife, brother, sister, father-iMaw,
mother-iMaw, sorHn-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 addiUOn to abstaining from voting In the situations descdbad above, you must disclose the conflid:
PRIOR TO THE VOTE BEING TAKEN by publidy 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 parUdpate in these matters. However, you
must disdose the nature Gf the conflid before making any attempt to influence the dedsion, whether orally or in writing and whether made
by you or at your diredion.
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 dedsion) with the person responsible far recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued an other side)
CE FORM 8B - EFF. 112000. PAGE 1
~a~ r~ . c
APPOINTED OFFICERS (continued)
• A copy of the form must be provkled immediately to the other members of the agency.
• The forth must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION F~(CEPT BY DISCUSSION AT THE MEETING:
• You must discbse orally the nature of your conflict in the measure before parficipafing.
• You must complete the form and file ft within 15 days after the vote occurs with the person responsible for recording the minutes of the
meetng, who must incorporate the forth in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and fire forth must be read publicy at the next meetng after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Gary P. Eliopoulos February 19
hereby disGose that on
(a) A measure came or will come before my agency which (check one)
_ inured to my specal private gain or loss;
XX inured b the special gain or bss of my business assodate, __
inured to the special gain or loss of my relative,
inures to the special gain or loss of.
whom I am retained; or
_ Inured to the special gain or loss of
M the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the naWre of my conflkfing interest in the measure is as follows:
February 19, 2008
Date Filed
- Eliopoulos Architects,Inc.
by
which
i- -- -- 'E"'~~
ure
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.
08
20
CE FORM 88 - EFF. 1/2000 PAGE 2