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08-04-09 Regular Meeting MinutesAUGUST 4, 2009 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, August 4, 2009. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Mackenson Bernard Mayor Nelson S. McDuff e Absent - None Also present were - David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubia, City Clerk 2. The opening prayer was delivered by Reverend 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. Mr. Eliopoulos requested that Item S.M. Developer's Freemen anner , .,. „y „Row, LLC of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. Mr. Eliopoulos moved to approve the Agenda as amended, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard ~- Yes; Mayor McDuffie ---Yes; Mr. Eliopoulos -Yes. Said motion passed with a S to 0 vote. 5. APPROVAL OF MINUTES: Mr. Frankel moved to approve the Minutes of the Regular Meeting of July 7, 2009, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -- Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -- Yes. Said motion passed with a 5 to 0 vote. Mr. Bernard moved to approve the Minutes of the SpeciallWorkshop Meeting of July 14, 2009, seconded by Mr. Eliopoulos. Upon roll call the Commission 08/04/09 voted as follows: Mr. Bernard W--Yes; Mayar McDuffie -Yes; Mr. Eliapaulas -Yes; Mr Fetzer ---Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. Mr. Fetzer moved to approve the Minutes of the Regular Meeting of July 21, 2009, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes. Said motion passed with a S to 0 vote. 6. PROCLAMATIONS: None. 7. PRESENTATIONS: 7.A. None. 8. CONSENT AGENDA: City Manager Recommends Approval. B.A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their Quarter- Annual Meeting of July 16, 2009. 8.B. RESOLUTION NO. 33-09: Approve Resolution No. 33-09 supporting the Beach Renourishment Project. The caption of Resolution No. 33-09 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA PROVIDING IT'S SUPPORT FOR THE CITY OF DELRAY BEACH RENOURISHMENT PROJECT AND ITS ONGOING FUNDING COMMITMENT TO PROVIDE FOR THE LOCAL MATCH. (The official copy of Resolution No. 33-09 is ort file iri the City Clerk's office.) 8.C. SERVICE AUTHORIZATION NO. S/COASTAL PLANNING & ENGINEERING, INC.BEACH RENOURISHMENT PROJECT: Approve Service Authorization No. 5 for Coastal Planning & Engineering, Inc. to proceed with the preliminary engineering and geotechnical engineering tasks for the Beach Renourishment Project, at a cost not to exceed $428,412.00. Funding is available from 332-4164-572- 31.30 (Beach Restoration Fund/Professional Services/Engineering/Architectural). 2 0$104/09 S.D. ACCEPTANCE OF RIGHT~OF-WAY DEED/TASTE RESTAURANT: Approve and accept aright-of--way deed associated with the Taste Restaurant located at 169 and 171 Pineapple Grove Way (N.E. 2~`a Avenue). S.E. ACCEPTANCE OF RIGHT~OF-WAY DEDICATION/251 DIXIE BOULEVARD: Approve and accept aright-of--way deed associated with the approved mixed-use development for property located at 251 Dixie Boulevard within the Del-Ida Park Historic District. S.F. DISASTER RECOVERY INITIATIVE (DRI)IHOUSING REHABILITATION GRANTICONTRACT AWARDS:Approve two (2} Housing Rehabilitation grant awards to the lowest responsive bidders for the following projects: 918 S.W. 3r~ Court to Haywood Construction in the amount of $36,441.10 and 926 S.W. 11th Terrace to Jemstone Construction Group in the amount of $28,828.28. Funding is available from 118-1960-554-49.19 (Neighborhood Services/Other Current Charges/Housing Rehabilitation). S.G. ANTI-DISPLACEMENT AND RELOCALTION POLICY: Approve and adopt an anti-displacement and relocation policy to be used in conjunction with the City's community development programs. S.H. SECOND ADDENDUM TO THE INTERLOCAL AGREEMENTIPALM BEACH COUNTY SHERIFF'S OFFICE: Approve a Second Addendum to the Interlocal Agreement between the City and the Palm Beach County Sheriff s Office for the Urban Area Security Initiative (LIASI) Grant which will extend the grant period to December 31, 2009. S.I. AGREEMENT/UNITED STATES DEPARTMENT OF JUSTICE DRUG ENFORCEMENT, ADMINISTRATION (DEA): Approve and accept a State and Local Task Force Agreement between the City and the United States Department of Justice, Drug Enforcement Administration {DEA}, to reimburse the Delray Beach Police Deparhnent for overtime up to $16,903.25 subject to availability of funds. 8_„~J. MEMORANDUM OF UNDERSTANDINGIPALM BEACH COUNTY MULTI-AGENCY VIOLENT CRIMES TASK FORCE/CRITICAL INCIDENT PROTOCOL: Approve a Memorandum of Understanding with the Palm Beach County Multi-Agency Violent Crimes Task Force (VCTF} and a Memorandum of Understanding for the VCTF Critical Incident Protocol to update the City's signatory to the agreement. S.K. LETTER OF SUPPORT/JUSTICE ASSISTANCE GRANT JAG FUND: Approve the Mayor's submission. of a letter in support of the Countywide Justice Assistance Grant funds (JAG) funding allocations for FY 2010. 8.L. PROPOSED MILEAGE RATE/DOWNTOWN DEVELOPMENT AUTHORITY: Approve the Downtown Development Authority's proposed millage rate far FY 2010. 3 08/04/09 __ B.M. THIS ITEM WAS MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.N. SPECIAL EVENT REQUEST/15TH ANNUAL DOWNTOWN DELRAY CRAFT FESTIVAL: Approve a special event request to endorse the 15 Annual Downtown Delray Craft Festival sponsored by Howard Alan Events, Ltd. to be held on October 3 - 4, 2009 from 10:00 a.m. until 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for use of N.E. 4ti' Avenue from Atlantic Avenue to N.E. 15` Street and from Atlantic Avenue to S.E. 1St Street, to utilize the Hands parking lot for vendor parking, to authorize staff support for traffic control and security. 8.0. SPECIAL EVENT RE VEST/4th ANNUAL WALK FOR LUPUS NOW: Approve a special event request to endorse the 4th Annual Walk for Lupus Now sponsored by the Lupus Foundation of America Southeast Florida Chapter proposed to be held October 31, 2009 from 8:00 a.m, until noon, with set up to begin at 6:00 a.m., including granting a temporary use permit per LDR Section 2.4.6(F) far use of Anchor Park as a staging area and the use of sidewalks along A1A from Casuarina to the north end of the beach, to waive parking fees in Anchor Park, to authorize staff support for security and traffic control, barricading, clean up and trash removal, use and set up of the small stage, and special event signage; contingent on sponsor providing a hold harmless agreement and a certificate of event liability insurance no later than two (2) weeks before the event; the event sponsor being responsible for site cleanup; and signage installation occurring no earlier than ten (10) days prior to the event with banners allowed only on the stage and in Anchor Park. 8.P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period July 20, 2009 through July 31, 2009. ~. AWARD OF BIDS AND CONTRACTS: 1. Bid award to multiple vendors in the estimated annual amount of $186,500.00 for the purchase of chemicals and fertilizers for the City. Funding is available from 001-4511-539-52.26 (General Fund/Operating Supplies/Gardening Supplies), 119-4144-572- 52.21 (Beautification Trust Fund/Operating Supplies/Chemicals), 001-4131-572-52.21 {General Fund/Operating Supplies/Chemicals), 445-4714-572-52.26 (D.B. Municipal Golf Course/operating Supplies/Gardening Supplies}, and 446-4714- 572-52.26 {Lakeview Golf Course/Operating Supplies/Gardening Supplies). 2. Contract award to Baker's Transport Service (BTS) in the axtiount not to exceed $27,000.00 for hauling and disposal of liquid lime slurry from the Water Treatment Plant (WTP) an additional sixty (60) days through the end of the fiscal year. Funding is available from 441-5122-536-34.90 (Water and Sewer Fund/Other 4 08/04/09 Contractual Services). 3. Contract award to Chaz Equipment Company in the amount of $47,770.00 for the emergency repair of sanitary sewer mains at Lift Station #24, along S.W. 6th Avenue at the intersection with S.W. 8th Court (816 S.W. 6th Avenue). Funding is available from 442-5178-536-63.51 (WaterlSewer Renewal and Replacement Fund/Sewer Mains). Mr. Frankel moved to approve the Consent Agenda as amended, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie ~- Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. DEVELO_PER'S AGREEMENT/CANNERY ROW, LLC: Approve a finding that the Cannery Row developer is in compliance with the terms of the Developer's Agreement, executed May 8, 2007. Commissioner Eliopoulos declared a conflict of interest and stepped down from the dais. Brian Shutt, City Attorney, stated in 2007 the City of Delray Beach entered into a Developer's Agreement for Cannery Row, LLC and pursuant to the terms of the agreement and State Statute the Commission is required to review the agreement each year and determine that the compliance with the agreement has been attained and staff recommends approval. Mr. Fetzer moved to approve the Developer's Agreement with Cannery Row, LLC, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Said motion passed with a 4 to 0 vote. 9.A. WAIVER RE UEST/DELRAY BEACH CLUB APARTMENTS: Consider a request for waiver of Land Development Regulations {LDR) Section 4.6.9{D)(3)(c)(2), "Stacking Distance", to allow a reduction in the required stacking distance from 100' to 70' feet and 100' to 66' for Delray Beach Club Apartments, located at 2000 South Ocean Boulevard. (Quasi-Judicial Hearing) Mayor McDuffie read into the record the City of Delray Beach procedures far aQuasi-Judicial Hearing for this item and all subsequent Quasi-Judicial Hearings. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. 5 08/04/09 Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex pane communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2009-157. Mr. Dorling stated the request is a waiver far the Delray Beach Club Apartments to the required stacking distance of 100 feet for some proposed gates that they want to install. He stated there are three entrances at this point. The reduction in the stacking distance is requested at the main location. Mr. Dorling stated the gates are locked and all traffic to this facility enters into the main entrance gate. He stated the proposal that was processed is a Class 1 to the Site Plan Review and Appearance Board on July 8, 2009 and received approval to put in three sets of gates. Mr. Dorling stated part of the rationale is that the 100 feet is not necessary because of this division of traffic. At its meeting of July 8, 2009, the Site Plan Review and Appearance Board {SPRAB) recommended approval of the Class I site plan modification and they also recommended approval of both of these waivers. Mr. Dorling stated since that time the City has received several letters of objections and those are included in the backup. Staff recommends approval of these waivers given. the fact that there is the ability to accommodate a couple of spaces in each scenario. Mr. Eliopoulos stated the south entrance will be just for owners coming and going and they will have a clicker. Mr. Dorling stated it is one-way in only and the north is one-way out. Richard Garlen Association Mana er for the Delra Beach Club A artments A licant stated the south entrance is going to be by automatic entry transponders and it will also have a keypad for entry. Mr. Garlen stated if guests are coming and anybody is a normal returning person, a call will be made directly to the unit owner minimizing the stacking at the main gate so that guests and repeat vendors can also come in and use that route. The exit is automatic and the front entrance will have two arms. He commented about a number of incidences where people did not want to wait and instead of using the exit went around and out the entrance gate. Mr. Garlen stated this was a cast savings proposal {43 to 21) by the residents to put these gates in and eliminate all the time shift of the guard which is the time they have the heavy traffic of the vendors. He stated no vendors are allowed on the property other than 8:00 a.m. - 5:00 p.m. Mr. Garlen stated the heavy traffic, which is limited, is during daytime hours. Mayor McDuffie asked about the definition of "Knox Box". Mr. Garlen stated a "Knox Box" is for the Fire-Rescue Department to get in. There was no cross-examination. Mayor McDuffie stated if anyone from the public would like to give public testimony on this item, to please come forward at this time. 6 08/04/09 John Small, 2000 South Ocean Boulevard Unit #1.02, Delray Beach, FL 33483, stated he is a former guard at this guard gate and at the Planning and Zoning Board meeting there was a question as to what happens if there is something wrong with one of the gates or if there is stack of traffic at any of the gates and it was mentioned at that meeting that there would be 24-hour guards. Mr. Small stated he has also worked in other communities where there were gates and one in particular he covered for a week while someone was on vacation. He stated in that one week he had to call the gate company three times to come out and work on the gates. There being no one else from the public who wished to address the Commission regarding the waiver request, the public hearing was closed. The applicant came forward and gave a brief rebuttal. Mr. Garlen stated the comments expressed by Mr. Small wexe not raised at the Planning and Zoning meeting but a question was raised similar to that. Mr. Garlen stated the original purpose of this was to eliminate that such as many other communities. He stated the intent is to remove the night guards and to date they have not had any problems and they eliminated the stacking by opening up the south gate. Mr. Eliopoulos stated typically when he has seen entrances like this if there is no guard, there is normally a key pad and if that person is not home, there is usually aturn-a-round to get out. Mr. Dorling stated the applicant indicated that people coming there are really supposed to come between 8:00 a.m. - 5:00 p.m. {guests and vendors), He stated if they are required to turn around if they come in and there is a guest or the guest is not there and there is a guard there, he presumes there is the ability far the guard to say come around and go out. Mr. Dorling stated if there is traffic after 5:00 p.m. it is presumably not vendors and would be an occasional guest which would probably end up having to back out into this area and then go forward. He stated there is some space before the roadway although it is not the ideal situation. Mr. Eliopoulos expressed concern over the after hour scenario and if two people are at the gate and the person trying to get in does not have anyone there for some reason and they cannot get out. Mr. Dorling stated while that might be a possibility he does not think that that will be a high probability that this situation would occur. Mayor McDuffie stated many of the communities that are gated are not manned and they have keypads and intercoms. Mr. Eliopoulos stated but usually if someone is not home you can drive beyond the keypad and turn around within the island before you get to the gate so that you can exit. Mr. Eliopoulos stated he does not have an issue with the waiver and distance but the issue is does that gate work at the center not being manned anymore at night with guests and whether or not that is the way the guests have to come in. problem. Mr. Frankel stated this could potentially create an unsafe situation and is a 7 08/04/09 The City Manager asked where the keypad will be. Mr. Garlen stated the keypad will be right where the driver would be when they park in front of the guard house. The City Manager stated the other option would be to move the keypad out since it is pretty close to the right-of--way line and then you can create aturn-a-round by cutting the island. Mr. Darling stated that may impact the location of the guard house. Mr. Frankel expressed concern that this could potentially create a large problem especially during season. Mr. Eliopoulos stated he does not believe there is an issue during the day but it is more of an issue at dusk and/or at night. He expressed concern over the center piece being a potential safety issue. this. Mr. Fetzer stated he would Like to see this looked at harder before passing It was the consensus of the Commission to table this item and have it looked at more. Mr. Eliopoulos moved to table the waiver request for the Delray Beach Club Apartments, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.B. CONDITIONAL USE REQUESTICAFE AU PLAY: Consider a conditional use request to allow a recreational establishment with attendant cafe known as Cafe Au Play to be located on Parcel "B" of the South Delray Shopping Center at 3003 South Federal Highway. (Quasi-Judicial Hearing) Chevelle D. Nubia, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex pane communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2009-176 into the record. Mr. Dorling stated this is a conditional use application to allow a recreational establishment on Parcel B of the South Delray Shopping Center site. Two separate parcels are occupied by Mobil Gas Station (Parcel A) and a 7,452 square foot former Hollywood Video store (Parcel B}. The Hollywood Video use has vacated the 7,452 square foot building on parcel "B" and a conditional use approval to establish a Recreational Facility which would be far a children's play structure internal to the site (approximately 5,500 square feet) and the balance would be a parent's lounge and sectioned off by a glass partition and there would be a small area for infants. Mr. Dorling stated they would serve pre-packaged salads, sandwiches and cold beverages to accommodate the parents while they watch their children play. The facility would be 8 08/04/09 open from 9:00 a.m. -6:00 p.m. Monday through Friday, and 8:00 a.m. - 9:00 p.rn. on the weekends. The proposed use will employ between 5-$ people. The proposal as submitted did not include any external improvements; only internal improvements. Staff noted some def ciencies with some landscaping on the site and requested that this be a condition of approval and that the site be brought up to the current code that is regtured and was originally approved. Staff also suggests that there be no consumption of alcohol on the premises and that the cafe area be open only in conjunction with the play area. The Planning and Zoning Board recommended approval at their meeting with a 5 to 0 vote subject to the conditions as outlined by staffi: Mr. Dorling stated that the landscaping in the site be updated prior to the occupancy of this building with this use. Les H. Stevens, Attorney representing ,,the Applicant (SLTM Properties, LLC), stated he is not sure whether the materials from the Planning and Zoning Board meeting were included in the Commission backup which are the 3-D pictures, the color pictures and the like and if not he has another set to distribute. Mr, Stevens stated this facility is going to be geared to those under the age of 12 and there will be birthday parties and the like. He stated this is not something that teenagers would want to hang out at unless they are babysitting. Mr. Stevens stated this is payment by the hour or on a membership basis. Mayor McDuffie asked if this is wristband controlled and time controlled. Mr. Stevens stated this is wristband and time controlled. Mr. Stevens explained that there are no kitchen facilities so it cannot be converted into anything else. There was no cross-examination or rebuttal. Mayor McDuff e stated if anyone from the public would like to speak in favor ar in opposition of the request, to please come forward at this time Pauline Mood 609 S.W. 8th Avenue Delra Beach FL 33444 stated she does not understand why this building is being turned into somewhere parents can ga and not watch their children. Ms. Moody stated this building can be used for something else. Mr. Stevens stated the various age groups are separated and structured to the various age groups so you do not have 11 year olds hanging around with 3 and 4 year olds. There being no one else who wished to address the Commission, the public hearing was closed. Mr. Fetzer stated he is happy to see a productive business come in there and as long as they meet the conditions that the Planning and Zoning Board recommended then he is fine with it. 9 08/04/09 ' Mr. Eliopoulos and Mr. Bernard concur with comments expressed by Mr. Fetzer. Mr. Frankel stated the plans and presentation are nice and it is great to see a business go into that area especially on Federal Highway where we are seeing some emptiness. Mr. Bernard. asked how long Hollywood Video has been empty. He stated he concurs with comments expressed by Commissioner Fetzer and Commissioner Bernard. Mayor McDuffie stated we work very hard for youth athletics and youth sports in our community but most of that is outdoors and we don't quite address the toddlers as well Therefore, Mayor McDuffie welcomes the space to South Delray Beach for taking care of same of our kids that we do not otherwise take care of at our outdoor parks. The City Attorney briefly reviewed the Board Order with the Commission who made fuidings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Bernard moved to adopt the Board Order subject to the conditions, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Bernard - Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel - Yes. Said motion passed with a S to 0 vote. 9.C. CONDITIONAL USE REQUEST/KAPLAN UNIVERSITY AND INSTRUCTIONAL CENTER: Consider a conditional use request to establish Kaplan University in the Mixed Residential Office and Commercial (MROC) zoning district within the Delray Corporate Center located at 3333 South Congress Avenue. (Quasi- Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel, Mr. Bernard and Mr. Fetzer had no ex parte communications to disclose. Mr. Eliopoulos stated Kaplan University came and presented this before the Economic Development Committee so he heard their presentation about what they were doing. Paul Darling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2009-1$7. Mr. Dorling stated this is consideration of a conditional use request to establish Kaplan University in the Delray Corporate Center located at 3333 South 10 08/04/09 Congress Avenue formerly known as the Sun-Sentinel building. The development proposal includes leasing the ground floor (10,918 square feet) of the existing 4-story office building and Kaplan University would provide online education certificates, Masters, Bachelors, Associates and Law degrees. The anticipated maximum occupancy will include 1S6 students, 19 full-time office staff persons and part-time teaching staff persons. The facility would be open from 6:00 p.m. until 11:00 p.m. Monday-Friday and 5:00 a.m.-6;00 p.m. on Saturdays for the students. The part-time teacher work hours will be the same as the students. The full-time administrative staff work hours will be from 9:00 a.m.-6:00 p.m. Monday-Friday. The instructional center will be closed on Sundays. At its meeting of July 20, 2009, the Planning and Zoning Board considered the conditional use request anal recommended approval with a 5 to 0 vote. Mr. Dorling stated some deficiencies were listed in one staff report with regard to the landscaping on the site and some of the lighting that was on the site was in disrepair and those were attached as conditions that the site be brought up to code with respect to those elements. He stated there was also a request that a fence be placed along the railroad tracks and the south part of the property by the Police Department to provide additional security so people would not be wandering onto the site from offsite. Steve Ra us Director of Construction for Ka lan Universi stated the 9,400 square feet is what we propose to get, the building is 44,000 square feet so they are going to occupy the entire first floor. Mr. Ragus stated although mast of the classes will happen online, if someone wants to talk to a professor ar have a meeting with a counselor or if they want to have a session with a few other students they want to bring in a personal feel to the experience of going back to school. He stated most of the space is divided between several classrooms and break rooms, meeting rooms, and conference rooms. Mayor McDuffie asked if there will be students on site. Mr. Ragus stated that the intent of this project is to have students be completely online but this is a small location where students can come. Mayor McDuffie asked if anyone from the public would like to speak in favor or in opposition of the conditional use request, to please come forward at this time. Pauline Mood 609 S.W. 8th Avenue Delra Beach FL 33444 asked which end of Congress Avenue this project is being built on. Mr. Eliopoulos stated it is north of the hotels before entering to Boca Raton an the east side of Congress Avenue southbound. The City Attorney briefly reviewed the Board Order with the Commission who made fmdings according to their consensus (attached hereto is a copy and made an official part of the minutes). 11 05/04/09 Mr. Eliapoulos moved to adopt the Board Order subject to the conditions as noted in the Planning and Zoning staff report, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes. Said motion passed with a 5 to 0 vote. 4.D. REQUEST FQR IN-LIEU PARHING SPACESBELUGA RESTAURANT AND WINE BAR, INC.: Consider a request from Beluga Restaurant and Wine Bar, Inc., far purchase of three (3) in-lieu parking spaces in the amount of $46,800.00. Beluga Restaurant and Wine Bar, Inc. is located at 44 S.E. 2"d Avenue. {Quasi-Judicial Hearin Chevelle D..Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Scott Aronson, Parking Management Specialist, entered the Planning and Zoning Department project file #2009-149 into the record. Scott Aronson, Parking Management Specialist, stated this is a request from Beluga Wine Bar & Restaurant and they propose a Class III site plan modification for the conversion of 588 square feet of retail area to restaurant in addition to the expansion of atwo-bedroom residential unit above the restaurant which is going to require a waiver. Mr. Aronson stated to accommodate the conversion of use the applicant must provide the difference between the required parking for retail and that of restaurants at six spaces per 1,000 square feet which totals 1.57 spaces which rounds up to 2. The subject property is located in In-Lieu Area 2 with a cost of $15,600 per space. He stated the expansion of the apartment does not require an additional space but to accommodate an elevator and stairwell they are looking to eliminate one of the parking spaces that currently exist in their parking lot. Mr. Aronson stated LDR Section 4.6.9(E) states that when a requirement for additional parking results from in-fill development or from a change in use or adding floor space to an existing building; the City Commission may approve the payment of a fee in-lieu of providing such required parking. Before doing so, they must find that it is inappropriate or impassible to provide the required spaces and in case of additions, no existing parking spaces are eliminated. He stated LDR Section 2.4,7{B) requires the following findings be made prior to the City Commission's approval: {1) shall not adversely affect the neighboring area, (2} shall not significantly diminish the provision ofpublic facilities, (3) shall not create an unsafe situation, and, (4) does not result in the granting of a special privilege in that the same waiver would be granted under similar circumstances. The applicant is the owner and they are seeking to use the in-lieu of parking fee agreement to make their payments which is 50% payment upon signing the agreement and two 25% payments on the second and third anniversaries. Mr. Aronson stated the subject property is located around the corner from the Federspiel Parking Garage with 107 public parking spaces and at Atlantic Avenue an 12 08/04/09 2"d Avenue there is a parking valet on the street as well. Mr. Aronson stated Policy C-4.1 of the Future Land Use element of the Comprehensive Plan suggests accommodating parking needs through innovative actions such as the in-lieu of parking fee program. Staff recommends approval of the applicant's request for the purchase of three (3) in-lieu spaces, at a cost of $46,800. The Parking Management Advisory Board (PMAB), Community Redevelopment Agency (CRA) and Downtown Development Authority (DDA), at their respective meetings, all recommended approval of the applicant's request for the purchase of the spaces and the associated waiver to LDR Section 4.6.9(E)(3}. It is noted that the applicant was not present. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the request for in-lieu parking spaces, to please come forward at this time. There was no cross-examination or rebuttal. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an off cial part of the minutes}. Mr. Fetzer moved to adopt the Board Order as presented (approving waiver and in-lieu request), seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard ---Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.E. RENEWAL/VALET PARHING LICENSE AGREEMENTS: Consider renewal terms for all Valet Parking License Agreements from April 1, 2009 through March 31, 2010. Scott Aronson, Parking Management Specialist, stated this item is the proposed increase to the valet parking license agreements. Mr. Aronson stated the Valet Parking Agreements have simultaneously expired on March 30, 2009. He stated ordinarily increases are done on even years. Staff recommends not imposing an increase at this time; however, if an increase was to be imposed at this time a $10.00 per space increase would generate $3,240 of additional revenue for the Valet Parking License Agreements. Mr. Aronson noted that the Cut 432 agreement was approved this past April 2009 and if the Commission chooses to impose an increase he feels it would be fair to not increase them: At its meeting of June 23, 2009, the Parking Management Advisory Board (PMAB) recommended renewal of the agreements under its existing terms and conditions. Staff recommends approval. 13 08/04/09 Mr. Frankel stated the City Commission approved the parking study and asked if anything in the study related to the valet and additional revenues that could be generated from this. Mr. Aronson stated there was a proposal prior to him coming here in the late 1990's and believes they tried to take that in-house and hire with a company. He stated for whatever reason the City received a few submittals but there were some inconsistencies with all of the responses that were sent m. Therefore, Mr. Aronson stated what was created came to fruition. Mr. Aronson stated the way the program is set up now is the valets are seeking private lots to use for the parking. He stated if the City were to take it, it could be challenging to get those agreements with those private businesses. Mr. Aronson stated he could have the consultant look at the valet because this was a fiill scope parking consulting agreement. Mr. Frankel stated he realizes time is of the essence and asked if the consultant could look at the parking study that the Commission just approved. He stated if there are additional revenues for next year this is something to look into. Mr. Eliopoulos stated the City needs more money in the budget and supports going with a rate increase. Mr. Eliopoulos moved to approve the renewal terms for all Valet Parking License Agreements from April 1, 2009 through March 31, 2010 at the additional $10.00 per space except for Cut 432, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a S to 0 vote. At this point, the time being 7:09 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. PUBLIC COMMENTSIFY 2010 PROPOSED BUDGET: The City Commission will hear public comments, if any, regarding the FY 2010 Proposed Budget at this time. The City Manager stated the proposed budget for fiscal year 2010 is on the website. He stated the City has received some complaints in prior years that there was no opportunity for public comment so the City started the practice of providing for public comments at the two meetings in August before the budget is ready for public hearings. Pl~ili Colon 680 N.W. 11th Street Delra Beacb FL 33444 stated at a candidate forum less than six months ago, Mr. Eliopoulos and Mr. McDuffie individually claimed the signs to be false and yet we are here this evening discussing a 15.5% increase to the millage rate. Mr. Colnon stated unless the City's spending is cut now we are looking at the same situation next year. He stated City spending has increased 85% in the last six years. Mr. Colnon stated the City Councils of the City of Boca Raton, the Town of Jupiter, and Village of Tequesta all voted to not increase their 14 08/04/09 millage rate from last year. He stated Royal Pahn, Palm Beach Gardens and Juno Beach Council members voted for less than 2.7% increases. Mr. Colnon stated at the City Commission meeting of July 21, 2009 the City Manager proposed a rate increase for Delray Beach of 17%. Mr. Colnon stated in his opinion if the voluntary Budget Task Force made up of dedicated Delray Beach citizens can find mare ways to cut spending than the City Manager, he feels this is a problem. Mr. Colnon stated he hears regularly that the Police and Fire Pension Plans are the main reason far these budget increases. He stated it is the responsibility of the current City Commission to correct this error and protect the interest of the residents and not the employee. Mr. Colnon stated the City needs a personnel change that will lead the Commission and the City with a new wave of creative thought and eliminate the business as usual mentality. Pauline Mood G09 S.W. 8~h Avenue Delra Beach. FI., 33444 briefly discussed the Budget Task Force recommendations and asked the Commission what money is going where. Ms. Moody commented about the projects that have already been started and when the Commission starts cutting for next year they do not know what is going to happen. She stated that there are a lot of problems in this city and suggested that when the City sets their budget they need to set those problems for the hearing now so that when the City does something for next year it will account for something. Ms. Moody stated that the City has had wasteful spending regarding projects and urged the City Commission to help the City Manager with the budget. Dr. Victor Kirson 2050 Alta Meadows Lane A t. #2ll0 Delra Beach, FL 33444 (President,of the Board of Directors., of Tierra Verde at Delray Beach and member of the Police Advisor Board and recentl elected to P.R.O.D. (Progressive Residents of Delray Beaehl, stated if we want a Police Department and Fire Department then the City will have to find a way to get the money. Dr. Kirson stated the people he speaks to are in favor of a tax increase rather than having our Police and Fire go to the County. He stated Delray Beach is a great training ground for Police and noted that 50% of the force is less than three years on the job. Dr. Kirson stated up until this latest notice he received today we were getting money for six police offrcers from the Federal Government and hiring our own three. He stated with the latest information without a tax increase we are freezing everything. Dr. Kirson stated he does not want to see the 1'alice and Fire dissatisfied. He thanked the City Manager for what he is doing for the City. Sharon Lev Aar 14 N.W.12`~' Street Delra Beach FI, 33444 asked if there are other meetings before the City Commission comes to a final decision that the public can be made aware of. Ms. Lev Har stated she is in business also and they are cutting on every end including her own salary and she employs her children and has had to cut their salaries as well. She stated they are cutting dawn to the Witty-gritty and feels this has to be done in government. Ms. Lev Har stated she cannot afford higher taxes and feels we need to make commitments in this City to lower taxes not raise them. 15 08/04/09 There being no one else from the public who wished to address the Commission regarding the 2010 proposed budget, the public hearing was closed. Mr. Fetzer stated he is very proud of so many things that they have accomplished in the City and he also has a strong understanding of the need to not raise property taxes especially because of the economy that we are in. Mr. Fetzer stated he did net support the proposed millage rate of 7.3$33 that was set at the July 21, 2009 City Commission meeting because he believes we can do better than that. He stated in view of the message that the voters sent back when Amendment One was passed the Commission has a responsibility to live within that mandate. Mr. Fetzer stated with the way the economy is right now families are finding ways they have to cut back, and businesses have to do the same thing. He feels a strong responsibility to do what we can to not raise the millage rate to that level. Mr. Fetzer stated he asked the City Manager to provide some input to the Commission regarding if they kept the millage rate at 6.39 (millage rate this past year) what cuts would the Commission potentially have to make. Mr. Fetzer stated the City Manager put a lot of effort into giving the Commission that data and there are some pretty drastic things on there. Mr. Fetzer stated he would like to look at some other alternatives to those cuts that are listed there. He stated we need to look at revenue and feels we need to look at our fee structures to see if we are charging market rates and services that are causing additional cost in the City. Mr. Fetzer stated he is not ready to accept the proposed millage rate of 7.3833 set on July 21, 2009 and his goal is to reduce the millage to the bare minimum that would maintain the quality of life we have in Delray Beach. Mr. Eliopoulos asked where we are with staff. The City Manager stated the next thing that staff will provide to the Commission is a list of pay and beneft reductions that could be considered. The City Manager stated the list of functional cuts was based on the assumption that all the pay and benefits would stay the same and no additional revenues would be generated. Mr. Eliopoulos stated in 2007 the City held a Town Meeting to post some of these things. Mr. Eliopoulos stated we are all feeling it and it is affecting us all. He feels a lot of the things that we are feeling are not necessarily the spending that has done but the spending that that has been mandated from the State. Mr. Eliopoulos stated he wants to push for the millage to go down but at the same time he wants to look at revenue sources. Mr. Eliopoulos stated he supports staff in giving the Commission more information but anything we can give to the public he would like to see happen as far as the things that we are looking at to potentially cut. Mr. Frankel stated no one wants to increase any taxes but concurs with comments expressed by Commissioner Fetzer regarding everything not only with revenue sources and looking at things like that. However, Mr. Frankel stated he disagrees with Commissioner Eliopoulos with regard to fees. He stated an increase in fees are appropriate and does not see it as a tax because it is an elective thing. Mr. Frankel stated it is going to be essential not to lay off people and not to cut essential services. He stated no one wants to see cuts and no one wants to see increases in taxes but there is going to be some on both ends. Mr. Frankel stated the Commission is going to have to find a balance. 16 08/04/09 Mr. Bernard stated he believes the Commission has to lower the millage rate as low as possible. He stated the County fees have increased drastically and if we have fees that need to be addressed and adjusted he feels the City needs to increase those fees to generate more revenue. However, Mr. Bernard stated since the business communities are cutting down on employees the City has to take a look at everything to see if there are any departments or people that are not working properly. He stated this way every option is on the table and the City may have to cut employees. Mr. Bernard stated we have to explore all options so we can keep taxes as low as possible. Mayor McDuffie stated one of the things that was asked of every Department Head in the City of Delray Beach was to rank every function in their department. He stated once those were done they came to City Hall and put back together and ranked every fiinction for every department in the City (high to low). Mayor McDuffie stated the Commission takes a look at taking those functions out starting at the bottom and how we affect the budget as we move up from the bottom of those priorities to the top of the priorities. In addition, Mayor McDuffie stated the Budget Task Force has provided a 98 page Budget Task Force Report recommending some cuts that can be made and some that cannot be made as well as recommending some additional revenues. Mayor McDuffie stated he also has a list of cuts that cut almost $10.4 million out of the City's budget which would be holding the line totally at last year's millage rate. He stated much has been done and much more will be done and the Commission will work as hard as they can because they are stewards of the public's money. Mayor McDuffie stated the Commission understands that times are tough but there are some things that the City still has to do such as keeping drinking water clean, and keeping streets and citizens safe. He noted that there are services that the City provides that are very essential to everyone's lifestyle and cutting those is almost an impossibility. Mayor McDuffie stated since 2007 the City collected $59.1 million in property tax; in 2008 $55.3 million; in 2009 $53.0 million and if the City were to stay with the millage rate {6.39} from last year this year's collections would drop to $46.6 million and at the recommended millage rate (7.3833) the City would be at $53.2 million. Mayor McDuffie stated the Commission will work to do everything that they possibly can over the next two months to make sure that they have the proper budget and they may not please everyone but everyone will have a voice. 10.B. ORDINANCE NO. 38-09 FIRST READING/FIRST PUBLIC HEARING): Consider a privately~initiated amendment to the Land Development Regulations (LDR) Section 4.4.12, "Planned Commercial (PC) District", Subsection (D}, "Conditional Uses and Structures Allowed", and Subsection (G), "Supplemental District Regulations", to provide regulations for the Silver Terrace Courtyards Overlay District; enacting Section 4.5.17, "Silver Terrace Courtyards Overlay District", to define the overlay district; amending Sections 4.7.1, "Definitions", Section 4.7.2, "Applicabilit}~', and Section 4.7.5, "Density Bonus Program for the Southwest 14th Street and I-95/CSX Railroad Corridor Overlay Districts", to provide for the creation of a new Workforce Housing Overlay District; amending Section 4.7.9, "General Provisions", Subsection "o", to modify the provisions allowing non-eligible occupants to occupy workforce housing rental units under certain conditions. If passed, a second public hearing will be held on 17 Osro4~o9 August 18, 2009: The caption of Ordinance No. 3 8-09 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 4.4.12, "PLANNED COMMERCIAL (PC} DISTRICT", SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED" AND SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", TO PROVIDE REGULATIONS FOR THE SILVER TERRACE COURTYARDS OVERLAY DISTRICT; ENACTING SECTION 4.5.17, "SILVER TERRACE COURTYARDS OVERLAY DISTRICT", TO DEFINE THE OVERLAY DISTRICT; AMENDING SECTIONS 4.7.1, "DEFINITIONS", SECTION 4.7.2 "APPLICABILITY, AND SECTION 4.7.5 "DENSITY BONUS PROGRAM FOR THE SOUTHWEST 10~ STREET AND I-95/CSX RAILROAD CORRIDOR OVERLAY DISTRICTS", TO PROVIDE FOR THE CREATION OF ANEW WORKFORCE HOUSING OVERLAY DISTRICT; AMENDING SECTION 4.7.9, "GENERAL PROVISIONS", SUBSECTION (O}, TO MODIFY THE PROVISIONS ALLOWING NON- ELIGIBLE OCCUPANTS TO OCCUPY WORKFORCE HOUSING RENTAL UNITS UNDER CERTAIN CONDITIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The off cial copy of Ordinance No. 38-09 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 on April 21, 2009 the City Commission considered as part of Comprehensive Plan Amendment 2009-1, a privately initiated text amendment that related to a development proposed for the Floranda Mobile Home Park and the office complex that exists in this location, Mr. Dorling stated that was approved by the Commission and DCA (Department of Community Affairs) and these are the follow-up text amendments in the LDRs to further accomplish those details. He stated this is a privately initiated text amendment to modify 18 08/04/09 the general commercial future land use designation. Mr. Dorling stated in essence what it created was an overlay district which allowed a density increase from 12 units to the acre to 22. He stated the development also had some general commercial uses along Federal Highway and the current code allows a Floor Area Ratio of 3.0 and this amendment sought a reduction to .75 to offset the additional traffic associated with the density increase of a net zero (-4-) overall. This amendment creates the Overlay District and adds language to the Planned Commercial District to allow the 22 units to the acre, and the maximum floor area ration of .75, and modifies the workforce hauling ordinance to reference that this district will also provide 20% workforce units. At its meeting of July 20, 2009, the text amendment was considered by the Planning and Zoning Board and the Board recommended approval with a 5 to 0 vote. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 38-09, the public hearing was closed. Mr. Fetzer moved to approve Ordinance No. 38-09 on First Reading/First Public Hearing, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mr. Bernard -Yes; Mr. McDuffie -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 35-09 SECOND READINGISECOND PUBLIC HEARING): Consider a city initiated amendment to Land Development Regulations {LDR) Section 4.6.9, "Off-Street Parking Requirements", Subsection {C}, "Number of Parking Spaces Required", Sub-subsection (8), "Multiple Uses", Paragraph {A), "Shared Parking", to allow the utilization of the shared parking calculations table for mixed-use developments when there is no residential use. The caption of Ordinance No. 35-09 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 4.6.9, "OFF-STREET PARKING REQUIREMENTS", SUBSECTION (C), "NUMBER OF PARKIl~TG SPACES REQUIRED", SUB-SUBSECTION {8), "MULTIPLE USES", PARAGRAPH {A}, "SHARED P1~RKING", TO ALLOW THE UTILIZATION OF THE SHARED PARKING CALCULATIONS TABLE FOR MIXED-USE DEVELOPMENTS WHEN A RESIDENTIAL USE IS NOT PROVIDED, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. 19 08/D4/09 (The official copy of Ordinance No. 35-09 is an 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 to remove the requirement that a residential land use component be included in a mixed-use development before it can exercise the benefits of a shared parking calculation. It also expands the ability to use the shared parking option to mixed use projects located throughout the City. Mr. Darling stated it is currently limited to projects in the CBD {Central Business District), GC (General Commercial) district, the Mixed Residential & Commercial (MROC) district, and the Planned Commercial (PC} district. He stated when it was originally envisioned there was a deliberate decision to require residential when the downtown was first being redeveloped and the City wanted to attract residential to the downtown area. At this point, that emphasis is not so great and staff would like to allow this option to be exercised in other areas of the city. Mr. Dorling stated it also allows scenarios that have been recently proposed that include combinations of office and hotel uses which have this shared component but currently under the code would not be allowed to exercise a reduction. At its meeting of June 15, 2009, the Planning and Zoning Board considered the text amendment and the Board recommended approval with a 4 to 0 vote. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 35-09, the public hearing was closed. Mr. Bernard moved to adapt Ordinance No. 35-09 on Second Reading/Second Public Hearing, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 1O.D. ORDINANCE NO. 33-Q9 SECOND READINGISECOND PUBLIC HEARING}: Consider acity-initiated amendment to the Land Development Regulations {LDR) 2.4.3(x), "Fees", Sub-subsection (1), "Development Applications", Sub- subsection (3), "Permit Fees", to provide for an increase in such fees. The caption of Ordinance No. 33-09 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, 20 08/04/09 FLORIDA, BY AMENDING SUBSECTION 2.4.3(x), "FEES", SUB-SUBSECTION (1), "DEVELOPMENT APPLICATIONS", SUB-SUBSECTION (3), "PERMIT FEES", TO PROVIDE FOR AN INCREASE IN SUCH FEES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 33-09 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 in response to the City Commission's request from 2003 that staff review them on a semi annual basis and make sure that we are competitive with other municipalities. Mr. Dorling stated there are same new fees that are proposed which include fees for viewing legal documents, for requests for postponement or continuances, and then a re-submittal fee for third and subsequent re-submittals of plans as a result of an applicant not originally addressing comments because it creates additional staff time. The across the board increase is approximately 5% across the board which brings the City of Delray Beach consistent with other municipalities in the mid-range. Mr. Darling stated at its meeting of July 21, 2009, the City Commission indicated that they did not want to include an increase in the Beach Overlay District fees and there was no increase proposed for historic districts and those fees were consistent and compatible with other municipalities at their current rates. At its meeting of June 15, 2009, the Planning and Zoning Board considered this amendment and the Board recommended approval with a 4 to 0 vote. At its meeting of July 21, 2009, the City Commission recommended approval as well with the change that is part of this ordinance. Mayor McDuffie declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 33-09, the public hearing was closed. Mr. Bernard asked why the City reduced the Review of the ADAJDRI and the modification. of a DRI to zero ($0). Mr. Dorling stated we eliminated that fee schedule because the 360 eliminated that process. Mr. Frankel inquired about the Fees for the legal review of documents and asked why Palm Beach County is higher compared to other cities. Mr. Dorling stated Palm Beach County just significantly raised their fees and that has been a point of discussion with a lot of people. Mr. Dorling stated he felt that Delray Beach was compensative to other municipalities and that is why staff held to the $150 for legal 21 08/04/09 ........................ review of documents. Mr. Frankel stated the 5% increase is the mid-range far the other municipalities and asked if this is for last year or going forward to the next budget. Mr. Dorling stated it would be a S% increase over those that were proposed in 2007 effective immediately upon approval of this ordinance. The City Manager asked in making the comparison with other cities are we comparing to their current fees ar what they plan to charge next year. Mr. Darling stated his understanding is that this is what the fees are now. He is not aware of any substantial increases that are not shown in this document. Mr. Frankel stated Mr. Fetzer sent an email from the Boca News on how they may be holding a line with millage but. fees are going up. Mr. Frankel stated he wants to make sure that. Delray Beach is in line with other municipalities for the next coming year so that instead of being in the mid-range we would not fall down to the low range. Therefore, Mr. Frankel is not sure if a 5% increase is enough. Mayor McDuffre stated it would be prudent to review the entire fee structure throughout the city. Mr. Eliopoulos moved to adopt Ordinance No. 33-09 on Second anal FINAL Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor McDuff e -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -- Yes; Mr. Bernard -Yes. Said motion passed with a S to 0 vote. 10.E. ORDINANCE NO. 32-09 (SECOND READINGISECOND PUBLIC HEARING :Consider acity-initiated amendment to the Land Development Regulations {LDR} Section 4.4.13(B)(3), "Principle Uses and Structures Permitted", to clarify that "Public Open SpacelPlaza", is a principal (permitted) use within the Central Business District (CBD). The caption of Ordinance No. 32-09 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 4.4.13, "CENTRAL BUSIlVESS (CBD) DISTRICT", SUBSECTION {B), "PRINCIPAL USES AND STRUCTURES PERMITTED", TO CLARIFY THAT PUBLIC OPEN SPACE/PLAZA IS A PERMITTED USE IN THE CENTRAL BUSINESS DISTRICT' PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. 22 08/04/09 (The official copy of Ordinance No. 32-09 is on file in the City Clerk's office.) The City Attorney read tine 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 will clarify that public open space and plazas are a permitted use in the CBD zoning district. Currently, the public facilities are allowed in the CBD district and include things like libraries, public parking lots, and public parking garages but they do not specifically identify public plazas. Mr, Dorling stated Worthing Park and Gleason Park are in that category that is not specifically identified and this ordinance would accommodate those as well as anew proposal that is proposed at West Atlantic Avenue and S.W. 5~h Avenue. At its meeting of June 15, 2009, the Planning and Zoning Board considered this text amendment and the Board recommended approval with a 5 to 0 vote. At its meeting of July 21, 2009 the City Commission approved this on first reading 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. 32-09, the public hearing was closed. Mr. Bernard moved to adopt Ordinance No. 32-09 on Second and FINAL Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Eliopoulos --- Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie --- Yes. Said motion passed with a 5 to 0 vote. ] O.F. ORDINANCE NO. 36-09 SECOND READINGISECOND PUBLIC HEARING): Consider acity-initiated amendment to Land Development Regulations (LDR) Section 4.3.4(K), "Development Standard Matrix", pertaining to setback requirements in the Residential Office District (RO). The caption of Ordinance No. 36-09 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 4.3.4, "BASE DISTRICT DEVELOPMENT STANDARDS MATRIX", TO CHANGE THE "DEVELOPMENT STANDARDS MATRIX", TO CHANGE THE MINIMT_TM BUILDING SETBACKS FOR THE RESIDENTIAL OFFICE (RO) DISTRICT; PROVIDING A SAVING CLAUSE, A 23 08/04/09 GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 36-09 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 an amendment to LDR Section 4.3.4(K) to reduce minimum building setbacks for the residential office zoning district. Mr. Dorling stated that district is an incentive zoning which encourages conversion of older structures to professional offices and also conversion of historic and rehabilitation of historic structures into office uses. Mr. Dorling stated a lot of the parcels in the RO (Residential Office) District are nan- confarming with respect to minimum lot size and lot width. He stated the large building setbacks in the RO district require a lot of variances to accommodate reasonable development. Mr. Dorling stated this is acknowledging that and represents a reduction in side streets, side interior, and rear setbacks which are more consistent with the smaller lots and other districts which have these smaller lots. At its meeting of June 15, 2009, the Planning and Zoning Board considered the text amendment and the Board recommended approval with a 4 to 0 vote. At its meeting of June 17, 2009, the Historic Preservation Board (HPB) reviewed the proposed amendment and there was a lot of discussion- and they recommended a reduction in the side interior setbacks to ten feet rather than 7 % feet and a rear setback Eo 15 feet rather than 10 that is proposed. Staff recommends approval of the original setbacks as originally proposed and supported by the Planning and Zoning Board. At its meeting of June 25, 2009, the Community Redevelopment Agency (CRA) recommended approval of the proposed changes as recommended by staff. At its meeting of July 21, 2009, the City Commission recommended approval at that time Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 36-09, the public hearing was closed. Mr. Eliapaulos moved to adopt Ordinance Na. 36-09 on Second and F1NAL Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mro Fetzer --- Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie - Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 10.G. ORDINANCE NO. 34-09 FIRST READING/FIRST PUBLIC HEARING): Consider acity-initiated amendment to Land Development Regulations (LDR) Section 5.3.2, "Park Land Dedication", Subsection (C), "Impact Fee Required", to clarify requirements regarding impact fees far single family and all other types of 24 48/04/09 __ I development. If passed, a second public hearing will beheld on August 18, 2009. The caption of Ordinance No. 34-09 is as follows: office.) 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 ARTICLE 5.3, "DEDICATION AND IMPACT REQUIREMENTS", SECTION 5.3.2, "PARK LAND DEDICATION", SUBSECTION (C), "IMPACT FEE REQUIRED", TO PROVIDE FOR CLARIFICATION REGARDING IIVIPACT FEES FOR SINGLE FAMILY AND ALL OTHER TYPES OF DEVELOPMENTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 34-09 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 amendment clarifies the required parking impact fees as well as remove some contradictions. Mr. Dorling stated the current code requires that any residential unit (i.e. hotellmotel, residential inn, or resort dwelling unit) that is proposed upon land which is not designated for park purposes pays an impact fee of $500.00 for park facilities. He stated the current code requires this impact fee for single family and states if it is vacant for more than 180 days, a new fee is required and it goes on to say that the fee is only going to be paid once. Mr. Dorling stated that is a contradiction and has been removed. At its meeting of July 20, 2009, the Planning and Zoning Board considered 'the text amendment and the Board recommended approval with a 5 to 0 vote. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 34-09, the public hearing was closed. Mr. Bernard moved to approve Ordinance No. 34-09 on First Reading/First Public Hearing, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 2S 08/04/09 At this point, the time being $:00 p.m., the Commission moved to Item 11, Comments and Inquiries on Nan-Agenda Items from the City Manager and the ', Public. ', 11.A. City Manager's response to prior public comments and inquiries. With regard to a previous concern expressed by Maxine Pierson over the lack of numbers on same buildings along Congress Avenue, the City Manager stated the City's code requires all buildings to have a visible readable address that can be read from the adjacent street. He stated staff has been directed to inspect the buildings along Congress Avenue and identify any deficiencies. The City Manager stated staff will meet with the business owners and have them corrected. He stated there are some cities that require the number to be on their signs but the City of Delray Beach does not. However, we encourage owners to put the address on their signs and to keep the vegetation trimmed back so the numbers are always visible. Secondly, the City Manager stated Mary Lou Ciambriello had expressed concern over the number of foreclosed bank owned units in the City and she urged the City to address this issue and find ways to make these properties fundable. The Community Improvement Department applied as the Delray Beach/Boynton Beach consortium for Federal stimulus funds under the Neighborhood Stabilization Program 2 (NSP2) to be used to establish a local housing trust fund in the amount of $20 million to be used to establish a local hauling trust fund. The program is designed to provide first and/or second mortgage loans to income eligible households to fund the purchase of foreclosed bank owned units. If the City receives funds under this program more than 180 foreclosed bank units will be financed through this program. In addition, the City Manager stated the City is currently awaiting out- agreement from the Department of Community Affairs (DCA) to begin implementation of the Neighborhood Stabilization Program 1 (NSP1) under which a minimum of 14 foreclosed bank-owned units will be purchased, rehabilitated, and sold by the Community Improvement Department to Income Eligible households. The City Manager stated the implementation of this program is expected to begin within the next eight weeks. He stated in addition to the Neighborhood Stabilization Programs 1 & 2, the City's Allocated State Housing Initiative Partnership (SHIP) Funds address foreclosure prevention. The foreclosure prevention strategy allocates payment assistance in the form of a deferred payment loan to any homeowner up to 100% of the area median income whose home is in the process of foreclosure due to extenuating circumstances (i.e. temporary loss of employment, sudden medical expenses, divorce, separation, and death in the family or unforeseen repair bills). The City Manager stated the SHIP funds were drastically cut by the Legislature this year so they are limited. He stated this is one of the things that we would want to do is encourage the Legislature to restore some of that funding in the upcoming session. Lastly, the City Manager stated Mr. Wright had asked about why he should not receive the bid for the online meeting software since he was the second law bidder and we withdrew the bid from the original person the bid had been award to. The City Manager stated the City did not offer Mr. Wright's company the right of first refusal 26 08/04/09 because the scope of the project has changed. The City is looking far an off the shelf product and we are no longer interested in having software that we might sell. He stated since it is a different scope it really needs to be put out on a different RFP if we cannot find something off the shelf which is the City's first choice. 11. From the Public. 11.B.1. Dr. Victor Kirson, 2050 Alta Meadows Lane, Apt. #21„10~ Delrav Beach, FL_33444_(_President of the Board of Directors of Tierra Verde at Delrav Beach and member of the Police Adviso B ' r oard and recentl elected to P.R.O.D. (Progressive Residents___of Delray Beach, stated Friday night he was requested to volunteer his service at Pompey Park because they were having a Roots celebration and basketball tournament. Dr. Kirsan stated he would like to see Pompey Park renovated and that more services and programs be provided because the facility needs updating. He stated modern day recreation centers have great facilities and he would like to see this done with Pompey Park. Dr. Kirson stated if this means increasing the millage then he urged the Commission to do so. 11.B.2. Rose Hendrix, 318 N.W. 12~h Avenue, Delrav Beach, FL 33444, stated she is present this evening in reference to her July 7, 2009 request and as of this date has not received any response to her comments. The City Manager stated the letter responding to Ms. Hendrix's concerns has been written and signed. Mayor McDuffie stated the Commission has seen the letter and is not sure why Ms. Hendrix did not receive the letter. Ms. Hendrix stated she did receive a telephone call from Brian Shutt, City Attorney. 11.B.3. Pauline Mood 609 S.W. 8~h Avenue Deh•a Beach FL 33444 expressed concern over an ongoing situation in the Police Department and Lieutenant Woods. Ms. Moody stated this situation is out of control. 11.B.4. Herman Stevens 221 S.W. 13~h Avenue Delra Beach FL 33444 around the corner from Auburn Trace and „Carver Estates), stated there has been a proposal as to the south 11 acres of the Auburn Development and the density of the units. Mr. Stevens expressed concern over what is going to be placed there and urged the Commission to talk and listen to the residents. He stated whatever happens is going to set a trend of what is going to happen around it and feels it is important that all opinions are taken into account with regard to that particular project. 11.B.5. Alsan Jac uet 236 S.E. 3~d Avenue Delra Beach FL 33483 concurs with comments expressed by Dr. Kirson regarding Pompey Park. Mr. Jacquet suggested that there be a dog park east of Swinton Avenue because he feels it would alleviate a lot of the issues we have with dogs. 27 08/04/09 At this point, the time being 8:15 p.m., the Commission moved back to Item 9.F. of the Regular Agenda. 4.F. PURCHASE AWARD/CARUS CORPORATION: Consider approval of a purchase award to Carus Corporation in an estimated annual cost of $29,820.00 for the purchase of Poly Phosphate at $1.42 per pound for the Water Treatment Plant as needed. Funding is available from 441-5122-536-52.21 {Water/Sewer Fund/Chemicals). Richard Hasko, Director of Environmental Services, stated the City has an annual contract with Pristine Water Solutions for our phosphate chemical that we use at the Water Treatment Plant in the treatment process. Mr. Hasko stated Pristine Water Solutions has been our vendor for a number of years, we have been very successful with their products, and it has. been very cost effective. He stated what staff is finding out this year so far is they seem to have varied the formula of the components and the ratios of those components that go into the phosphate mix that the City uses. Mr. Hasko stated tine City has found that the product that we are getting from them this year is causing erosive problems in the system and has resulted in what is normally a successful Iead and copper test for the City was a challenge for the City to pass successfully this year. Mr. Hasko stated the City has also done testing on coupons which is the pieces of pipe that are pulled out of the distribution system and staff is noticing some advanced erosion inside the pipes. Staff is looking at trying to figure out what the difference is in the formula and staff has other resources they are using to test the material. In the meantime for the rest of this fiscal year, Mr. Hasko stated staff recommends approval of the purchase award to Carus Corporation (second low bidder} for the purchase and delivery of Paly Phosphate at $1.42 per lb for the short term from Carus. He stated staff requests that the Commission allow them to purchase the chemical from the alternative source until they find out what is going on with the formula they are getting from the normal source. Mayor McDuffie stated essentially this could be a temporary thing based upon whether staff sees further erosion. Mr. Hasko stated staff has had good success with Pristine Water Solutions; however, staff is trying to find out about the phosphate product that the City has been getting from them this year because there is some difference in the formula. Mr. Hasko stated in the interim it is causing problems with the distribution system so staff s immediate concern is to alleviate that. Mr. Eliopoulos commented that this is not a contract type deal and asked if this is a purchase as you go so it is not like we paid for anything right now but we are switching and going to another company and paying them as we need this. Mr. Eliopoulos moved to approve the purchase award to Carus Corporation for the purchase and delivery of Poly Phosphate at $1.42 per lb. for the Water Treatment Plant at an estimated cost of $29,820 for the balance of fiscal year 200812009, purchased "as needed", seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos --- Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 28 08/04/09 9.G. COMMISSION RULES OF PROCEDURE: Consider changing the Commission Rules of Procedure regarding time limits for Commission meetings, to require a majority of the Commission to approve an extension for each hour after 11:00 PM. At this point, Mr. Fetzer stepped away from the dais. Brian Shutt, City Attorney, stated at the July 21, 2009 City Commission meeting, the Commission directed staff to make a change in the Commission Rules of Procedure to provide that if the Commission meetings extend beyond 11:00 p.m. the Commission needs to vote to allow that to happen. Mr. Shutt stated the suggestion was made to provide for a vote every hour thereafter and this rule change provides for this. Mr. Frankel moved to approve Item 9.G., seconded by Mr. Bernard. Upon roll ca11 the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos - Yes; Mr. Frankel -Yes; Mr. Bernard -Yes. Said motion passed with a 4 to 0 vote. At this point, Mr. Fetzer returned to the dais. 9.H. APPOINTMENT OF OUTSIDE COUNSEL/HEATHER LEITCH v. CITY OF DELRAY BEACH: Cansider approval to appoint Kara Rockenback, Esq. as co-counsel in the Appellate Case of Heather Leitch v. City of Delray Beach at the rate of $225.00 per haur. Brian Shutt,. City Attorney, stated this item is to appaint co-counsel in the Appellate Case of Leitch v. City of Delray Beach. Mr. Shutt stated this is the case where the lady was struck by the bullet at First Night and the City did prevail in that case based upon the City's motion far directed verdict. He stated the jury verdict did come back against the City and there were some other post trial motions where the Plaintiff's attorney is also raising other issues that would be considered on appeal. Staff recommends Kara Rockenback, Esq. (as co-counsel} work with the City Attorney's office on the appeal. Mayor McDuffie asked how much time this will be. Mr. Shutt stated he looked back an another case where Ms. Rockenback assisted the City and the range was between $9,000-10,000 and he does not expect this to exceed this amount. Mr. Frankel asked if the cost is going to be at a minimum. Mr. Shutt stated with the time and effort that co-counsel would have to put into this and he does not imagine that a lot of work would have to be done on the brief He stated if an argument would have to come forth then she would be on hand as well fox that. Mr. Bernard moved to approve to appoint Kara Rockenback, Esq. a co- counsel in the Appellate Case of Heather Leitch v. City of Delray Beach, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes. Said 29 08/04/09 motion passed with a 5 to 0 vote. 9_I. APPOINTMENTS TO THE EDUCATION BOARD: Appoint two {2} student members to the Education Board to serve a two (2) year term ending July 31, 2011 and a one (1) year term ending July 31, 2010. Based upon the rotation system, the appointments will be made by Commissioner Bernard (Seat #4) and Mayor McDuffie {Seat #5). Mr. Bernard moved to appoint Nathaniel Ellis as a student member to the Education Board to serve a two (2) year term ending July 31, 2011, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. Mayor McDuffie stated he wished to appoint John Paul Caruso as a student member to the Education Board to serve a one {1) year term ending July 31, 2010. Mr. Fetzer so moved, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9_.I. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD; Appoint three (3) regular members to the Historic Preservation Board to serve two (2} year terms ending August 31, 2011. Based upon the rotation system, the appointments will be made by Commissioner Fetzer (Seat #2), Commissioner Frankel (Seat #3) and Commissioner Bernard (Seat #4). Mr. Fetzer moved to appoint Pamela Reeder as a regular member to the Historic Preservation Board to serve a two (2) year term ending August 31, 2011, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel moved to reappoint Dan Sloan as a regular member to the Historic Preservation Board to serve a two {2} year term ending August 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; Mr. Bernard -Yes. Said motion passed with a S to 0 vote. Mr. Bernard moved to reappoint Rhonda Sexton as a regular member to the Historic Preservation Board to serve a two {2) year term ending August 31, 2011, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer ~ Yes; Mr. Frankel -Yes; Mr. Bernard -- Yes; Mayor McDuff e -Yes. Said motion passed with a 5 to 0 vote. 30 08/04/09 9.K. APPOYNTMENTS TO THE GREEN TASK FORCE: Appoint seven (7) regular and two {2) alternate members to the Green Task Force to serve terms ending July 31, 2010 ar July 31, 2011. Based on the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2), Commissioner Frankel {Seat #3), Commissioner Bernard (Seat #4), Mayor McDuffie (Seat #5), Commissioner Eliopoulos (Seat #1), Comxzzissioner Fetzer (Seat #2), Conunissioner Frankel {Seat #3) and Commissioner Bernard (Seat #4). Mr. Eliopoulos moved to appoint Nancy Schneider as a regular member to the Green Task Force to serve a term ending July 31, 2010, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer --- Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. Mr. Fetzer moved to appoint Ana DeMelo as a regular member to the Green Task Force to serve a term ending July 31, 2010, seconded by Mr. Eliopoulos. Upon. roll call the Commission voted as follows: Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -- Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel moved to appoint Rita Johnson as a regular member to the Green Task Force to serve a term ending July 31, 2010, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor McDuffie - Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. Mr. Bernard moved to appoint Jayne King as a regular member to the Green Task Farce to serve a term ending July 31, 2010, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes. Said motion passed with a 5 to 0 vote. Mayor McDuffie stated he wished to appoint Suzanne Schenkel as a regular member to the Green Task Force to serve a term ending July 31, 2011. Mr. Frankel so moved, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Eliopoulos -- Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffe ---Yes. Said motion passed with a 5 to 0 vote. Mr. Eliopoulos moved to appoint David Hawke as a regular member to the Green Task Force to serve a term ending July 31, 2011, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 31 08/04/09 Mr. Fetzer moved to appoint Yalmaz Siddiyui as a regular member to the Green Task Force to serve a term ending July 31, 2011, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mr. Bernard ~ Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -- Yes. Said motion passed with a S to 0 vote. Mr. Frankel moved to appoint Matthew O'Connell as an alternate member to the Green Task Force to serve a term ending July 31, 2011., seconded by Mr. Bernard. Upon roll call the Commission voted as .follows: Mr. Bernard -Yes; Mayor McDuffie - Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. Mr. Bernard moved to appoint Edward Bispham as an alternate member to the Green Task Force to serve a term ending July 31, 201 1, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mr. Bernard -Yes. Said motion passed with a 5 to 0 vote. 12. FIRST READINGS: A. None At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items from the City Manager and the City Commission. 13. COMMENTS AND IN UIRIES ON NON-AGENDA ITEMS, 13.A. City Manager The City Manager stated the City is talking to Gulf Stream about taking over their building permitting and inspection currently being done by Palm Beach County. The County is only opened three days a week and our Fire-Rescue Department still has to review their plans for fire protection purposes so it has been a little bit of a coordination problem from time to time. He stated the City's revenue would be from the permit fees. In addition, the City Manager stated he met with Highland Beach to possibly do their 911 dispatching. The City Manager stated right now if someone at Highland Beach calls 911 it goes to the Sheriff's Department and they have to transfer it to Delray's dispatch to dispatch fire and EMS. Therefore, the City Manager stated both of those will be some additional revenue sources for the City of Delray Beach. Secondly, the City Manager stated he met with the Assistant County Administrator about the disaster recovery initiative; $1 million for district 7 and $1 million for S.W. 12th Avenue. He stated those agreements have been reviewed by the City Attorney and the City Engineer has plans in connection with that, The City Manager stated the County Commission is supposed to Look at them on August 18, 2009 and Dorothy Ellington wants to take them to her Board as well. The City Manager stated those monies would come to the City and we would use them for improvements on S.W. 32 08/04/09 12~h Avenue so that those funds are not lost even though the project is delayed the City can go ahead and do the street improvements in the neighborhood. The City Manager stated when he attended the City Manager's Conference this past spring one of the sessions he went to was about Palm Bay establishing a City medical clinic and they reported that in the first year they saved about $700,000.00 and the employees saved about $200,000.00. He stated it is a clinic and a dispensary and a dispensary cannot dispense controlled substances but they can anything else. The City Manager stated most of these are operated by national firms so they get good prices on pharmaceutical and the advantage to the employee is that there is no co-pay for the prescription. He stated the City is very interested in this and visiting a number of different sites. He is optimistic that it will be something that the City can pursue and will save the City a good deal of money. Lastly, with regard to the pension increase, the City Manager stated when the decision was made to increase the multiplier from 3 to 3 %z he first recommended that it not be increased because he feels 3 is generous and if it was increased that it should be to 31/a and not 3%z. A1so, the City Manager stated it should be prospective and not retroactive. He stated the retroactivity of that benefit increase is what created the huge unfunded liability in the Police Pension Plan because you were going back and picking up the past service for all the Police Officers and increasing the multiplier when the contributions over the preceding years had not been made to support that multiplier. The City Manager stated it was done for reasons that the Commission felt was good but the City Manager stated he did not support it. 13.B. City Attarnev The City Attorney had no comments and inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer stated he is encouraged to hear that the City is talking to other municipalities about sharing services. He stated he is also encouraged to hear that we are looking at best practices that other municipalities are doing and feels we need to be creative to try and get us out of some of this budget situation. Secondly, Mr. Fetzer asked if there was a start date for accepting applications for Commissioner Bernard's seat. Mayor McDuff e stated the start date is August 11, 2009. 13.C.2. Mr. Elioponlos Mr. Eliopoulos stated he loves the fact that we can offer services for more revenue. 33 08/04/09 Secondly, he commented about the drug dispensing article and would like the City to stay on top of this. Mr. Eliopoulos commented about the Beach Overlay District guidelines. Lastly, Mr. Eliopoulos extended his thoughts and prayers to Bob Barcinski and his family for the loss of his son-in-law. Mr. Eliopoulos stated Mr. Barcinski read the eulogy at the fianeral and he got everyone to know him in a way that was special. 13:C,3. Mr. Bernard Mr. Bernard stated he was taking a look at the Delray Beach Housing Authority's letter dated July 23, 2009 and he is ecstatic that the residents in the Southwest neighborhood are not going to Lose that potential $2 million that the Village Square and Village of Delray has agreed to transfer in the Transportation Improvement Fund reserved for District 7 that the Delray Beach Housing Authority worked hard to get. Mr. Bernard stated the residents on S.'VS1`. 12~' Avenue will get improvements. The City Manager stated the Auburn Group has given the City their Engineering plans for that block in front of their project and this is very helpful to the City. Mayor McDuffie stated it took a lot of people coming together to make this work and thanked everyone because it is a tremendous resolution to this issue. 13.C.4. Mr. Frankel Mr. Frankel stated at the last meeting he distributed information about the pain clinics that are popping up throughout our city and last week Dania Beach became the frst municipality in Broward County to take some steps into limiting these pain clinics. He stated Brian Shutt, City Attorney, is going to look at what is going on in Broward County. Mr. Frankel stated this is something we want to address before it becomes an even bigger problem. Secondly, Mr. Frankel stated he and Mayor McDuffie participated in the Clay Court Championships for 16 and 18 year olds. Mr. Frankel stated this is a two week tournament that brought 400 players and their parents to this area. He stated it was great to see the families participating and the players. Mr. Frankel thanked the organizers of the event and stated that the Tennis Center is not only used by residents and local people in our city but because of this event 400 kids and their families came. He stated this is good for the economy and the tournament was very well done. 13.CS. Mayor McDuffie Mayor McDuffie concurred with comments expressed by Mr. Frankel acid stated he saw some great tennis, great kids and great parents. Mayor McDuffie stated it does help support the economy because a lot of people came dawn for these youth tournaments and spend a lot of money in Delray Beach. 34 08/04/09 Secondly, Mayor McDuffie commented about a letter he received from a gentleman who lives on Lakeview Drive discussing the criminal activity over the last 12 months. Mayor McDuffie stated he has had some conversations and an email with Reverend Evelyn Evan Smith who has a home with same problems and has been talking with some of the departments within our city about trying to get some of her problems resolved. He stated the tennis tournament was fantastic. Lastly, Mayor McDuffie stated he promised himself to get out and ride periodically with the Police Department and now he would like a night with the Fire- Rescue Department. Mayor McDuffie stated he went into a briefing at 5:15 last Friday afternoon and road with four different officers until 4:00 a.m. He stated by riding with the officers on the weekends late at night you get a totally different perspective of the City of Delray Beach. Mayor McDuffie stated it was a tremendous night because it was quiet with virtually no disturbances. He stated some of the police force is very young and one officer is a very young female. Mayor McDuffie stated he admires these officers for putting themselves on the line. Mayor McDuffie commended both the Police and Fire- RescueDepartments for the great job that they do. There being no further business, Mayor McDuffie declared the meeting adjourned at $:46 p.m. City Clerk ATTEST: ~d2se/1 MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on August 4, 2009, which Minutes were formally approved and adopted by the City Commission on Au~xst 18, 2009. ~. City Clerk 35 D8/04/09 f IN THE CITY CDMMISSION GHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA {NAIVER REQUEST FOR DELRAY BEACH CLUB APARTMENTS ASSf3C., INC. ORDER QF THE CITY CO[IAMISSION OF THE CITY QF DELRAY BEACH, FLORIDA 1. This waiver request has come before the City Commission on August 4, ~aa9. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for Delray Beach Club Apartments. Ail of the evidence is a part of the retard in this case. Required findings are made in accordance with Subsection I. 1, WAIVER: Pursuant to LDR Section 4.6.9{D){3){c){2), a waiver is required to reduce the minimt,~m required stacking distance of 'IOQ' to 7D' at the main entrance and 10Q' to 66' at the south entrance. Pursuant to LDR Section 2.4.7{B){5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: {a) Shall not adversely affect the neighboring area; (b) Shall not significantiy~diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, {d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property far another applicant or owner. Does the waiver ©f Section 4.8.9[D)[3){c)(2) comply with the requirements of Yes X No 3. The Ci#y Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and Ends that its determinations set forth in this Order are consistent with the Comprehensive Plan. Gty Commission Meeting from August 4, aoog; Item g.A. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but na# limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves X denies the waiver reciuests to LDR Section 4.6.9(D}(3}(c}(2} with X without conditions. . fi. Based on the entire record before it, the City Commission hereby adopts this Order this 4th day of August, 2009, by a vote of 5 in favor and opposed. _„_ ATTEST: Nelson S. McDuffie, Ma ~, Chevelle Nubin, City Glerk _ 2 City Commission Meeting from August q., 2oog; !tern g.A. r IN THE C[TY COMM15510N CHAMBERS OF THE CITY OF 17ELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR CAFE AU PLAY RECREATIONAL ESTABLISHMENT AT 30Q3 SOUTH FEDERAL HIGHWAY ORDER OF THE CITY COMMISSION DF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request far Cafe Au Play Recreational Establishment at 3003 South Federal Highway has came before the City Commission on August 4, 2003. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use modification request far Cafe Au Play. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and il. I. COMPREHENSIVE PLAN a. Comprehensive Plan -,Future ,Land Use and Map: Is the future use and intensity of the development consistent with the future [and use map and comprehensive plan and is it appropriate in terms of sail, topographic, and other applicable physical consideratiai~s, complementary to adjacent land uses, and fulfills remaining land use needs, subject to the attached conditions? Yes X No b. Concurrent Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvemenks for the following areas: Are the concurrency requiremen#s met, subject to the attached conditions, as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? City Commission Meeting from August 4, 2oog; Item g. B. Yes X 11. LE?R REQUIREMENTS: No !.1]R Section 2.4.5[E) Required Findings: (Conditional Use): Pursuant to Section 2.4.5{E)(5), in addition to provisions of Chapter 3, the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be #acated; ii. Hinder development or redevelopment ofi nearby properties. WIII the requiremen#s of LdR Section 2.4.5(E) and Chapter 3 be met, subject to the attached condition(s)? Yes X No 3. "fhe comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request was submitted and finds that its determinations set forth in this Qrder are consistent with the Comprehensive Plan and Land Development Regulations. 5. ~Che City Commission fads there is ample and competent substantial evidence to suppor# its Endings in the retard submitted and adapts the facts contained in the record including but not limited to the staff reports, testimony ofi experts and other competent witnesses supporting these Endings. 6. Based on the entire record before it, the City Commission approves ~ denies the conditional use request subject to conditions attached hereto and City Commission Meeting from August 4, zaag; Item g.B. hereby adopts this Order this 4th day of August, 2009, by a vote ofi 5 in favor and 0 apposed. A TEST: Chewelle Nubin City Clerk Nelson S. McDuffie, City Commissi®n Meefing~rom August 4, zoog; Item g. B. IN THE CITY COMMISSION CHAMBERS CyF THE CITY OF DELRAY BEACH, FLORIDA C€3ND11'IONAL USE REt~UEST FOR KAPLAN UNIVERSITY AND INSTRUCTIONAL CENTER ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ~ . This conditional use request to aNow the establishment of an instructional center to occupy the ground floor of an existing 4-story office building [acated at 3333 South Congress has come before the City Commission on August 4, 2009. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the condi#ianal use request for Kaplan University and Instructions! Center. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and !I. I. COMPREHENSIVE PLAN a. Com rehensive Plan -Future Land Use and Ma : Is the future use and intensity of the development consistent with the future land use map and comprehensive plan and is it appropriate in terms of soil, topographic, and other applicable physical considerations, complementary to adjacent land uses, and fulfills remaining land use needs, subject to the attached conditions'? Yes X IVo b. Concurrence; Concurrency as defined pursuant to Objective B-2 of the Land Ilse Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use andlar development application will not exceed the ability of the City to fund and provide, or to require the provision af, needed capital improvements for the fallowing areas: City Commission Meeting from August 4, aoog; Item g.C. Are the cancurrency requirements met, subject to the attached conditions, as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes X No II. LDR REQUIREMENTS; LDR Section 2.4:5 E Re n'rred Findin s; Conditional Use : Pursuant to Section Z.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Hinder development ar redevelopment of nearby properties. Will the requirements of LDR Section 2.4.5(E} and Chapter 3 be met, subject to the attached candition(s}? Yes X NO 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 5. The Gity Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the retard including but not limited to the staff reports, testimony of experts and other competent witnesses suppor#ing these findings. City Commission Meeting from August q., zoog; Item g.C. fi. Based an the entire record befiare it, the City Commission approves X denies the conditionai use request subject to conditions attached hereto and hereby adopts this Order this 4~h day ofi August, 2009, by a rote of ~ 5 h in favor and 0 apposed. TTEST: ~`~ ~~3 ' Chevelie Nubin City Clerk Nelson S, Mc~uffie, City Commissign Meeting from August 4, Moog; Item g.C. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA -1VANER AND IN LIEU PARKING FEE REQUEST FOR BELUGA RESTAURANT AND WINE BAR ORDER OF THE CITY COMiIIIISSION OF THE CITY OF DELRAY BEACH, FLORIDA ~. This waiver and in lieu parking fee request for the purchase of 3 parking spaces in lieu has come before the City Commission on August 4, 2009. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the in-lieu parking fee request for the Beluga Restaurant and Wine Bar. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and il. 1. WAIVER TO SECTION 4.6.9(Ej{3) Pursuant to LDR Section 4.6.9{E}{3}, the applicant has requested a waiver in accordance with LDR Section 2.4.7(B} for the elimination of one (9 } parking space to accommodate the stairway and elevator accessing the residential unit, Section 2.4.7{B} of the LDR requires the following findings be made prior to the City Commission's approval of the waiver. {a} Shall not adversely affect the neighboring area; (b} Shall not significantly diminish the provision of public facilities; (c} Shall not create an unsafe situation; and (d} ~ Does not result in the granting of a special privilege in that the same waiver would be granted under similar circumstances. Are the findirt~s met? Yes X No !1. IN-LIEU PARKING FEE: Pursuant to LDR Section 4.6.9{E}(3}, when additional parking is required due to expansions of use to an existing building and it is impossible or inappropriate to provide such parking the City Commission may approve the payment of an in lieu fee rather 1 City Commission Meeting from Aragust 4, zoog; item g.D. .. " than provide the required parking. In the case of expansions of use, no existing parking spaces may be eliminated. Does the fn Lieu Parking Fee request far the purchase of 3 parking spaces in lieu meet the requirements of LDR Section 4.6.9E}(3) and the conditions, if any, listed below? for a total of $46,8x0 (with 50%° to be paid upon signing the agreement and 25% to be paid an the 2"d anniversary and 25% to be paid upon the third anniversary of the agreement}. Yes X Na 3. The City Commission hereby finds that the Waiver and In Lieu Parking Fee Request meets the requirements of 4.6.9(E}(3} of the Land Development Regulations, with the conditions listed above, if any, and the City Commission has applied the Comprehensive Plan and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 4. The Gity Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other carnpetent witnesses supporting these findings. ~. Based on the entire record before it, the City Commission approves X denies ~ the in lieu parking fee request as set forth above. 6. Based an the entire record before it, the City Carnmission hereby adapts this Qrder this 4th day of August, 2009, by a vote of 5 a_vor nd 0 apposed. . ~ .._.-. TEST: Nelson S. McDuffie, Chevelle Nubin, City Clerk 2 City Commission Meeting from August 4, 2oog; !tern g. D. FOR~III I~B IVIEIUIORANDU11~1 OF VOTING CONFLICT FOR COUNTY IUIUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME QF BDARq COUNCIL, CD3V4MISSION, AUTHORITY, OR COMMITTEE Bl.i:op~u~.as;~''°~rY Delray Beach CitCy tammissioa. MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTFioRITY OR COMMITTEE ON 205 George Bush ]Boulevard WHICH I SERVE IS A UNIT OF: CITY COL7NTY CITY C] COUNTY ^ OTHER LOCALAGENCY Delray Beach, Florida 33444 Palm Beach NAME Of POLITICAL SUBDEVISION: Cit of Delra Beach y DATE ON 1NHICFI VOTE OCCURRED MY POSITION IS: AugvSt ~~ 2~©9 ~ ELECTIVE ^ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other iota! 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 192,3143, Florida Statutes. Your responsibitities underthe taw when faned with voting on a measure in which you have a conflict of interest witl vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions an this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION '112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other focal publio office MUST ABSTRIN 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 principaE {other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or toss of a relative; or to the special private gain nr toss 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 ofi this law, a "relative" Innludes 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, caowner of property, or corporate shareholder {where the shares of the corporation are oat fisted on any national yr regional stoctc exchange). :, ., ~ ~ f >WLECTEI~ oFI~ICERS: In addifion to abstaining from voting in the situations descr€bed above, you must disclose the con#lict: PRIQR TO THE VOTE BEING TAKEN by publicly stating fo the assembly tfle nature of your interest in the measuro on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and tiling this form with the person responsible far recording the min- utes of the meeting, wha should Incorporate the form in the minutes, APPOINT)=D OFFICERS; Although you must abstain from voting in the situations described above, you o#herwise may participate in these matters. However, you must disctose 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. lF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE ^ECtSION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and fie this farm {before matting any attempt to influence the decision) with the person responsibte for recording the minutes of the meeting, who will incorporate the form in the minutes. {Continued on other sido) CE FARM 8B - EFF. 112{)00 Zteua S.M = item 9.A=A, PAGE 1 APP©INTED O>r~1CERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting arter the form is filed. .~ ]F YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISIQN EXCEPT BY DISCUSSION AT THE MEETING: , , • You must disclose orally the nature of your conflict in the measure before partieipating_ • You mus# complete the form and file it within 15 days alterthe vats occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form mus# be provided immediately to the ocher members of the agency, and the form must be read publicly at the next meeting after the form is filed- " DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Gary P. Eliapauias , , , ,,... .hereby disclose that on___ Ati~usC 4 ,~ , 20 ~_ (a} A measure came or will come before my agency which {check one) . inured to my special private gain or lass $g,,,_ inured to the special gain or toss of my business associate, '&~.pi ~ EliapauXas Archii<rectuxa - inured to the special gain or loss of my relative, ~ - - _ inured to the special gain ar loss of , by whom I am retained; ar _~_._ Inured to the specie! gain or loss of which Is the parent organization or subsidiary of a principal which has retained me. {b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: . . / 8/4J2Ui~9 ~ Date Fled Sig, re - ~ NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §9'12.317, A FAILURE TO MAKE ANY REQUIRED DISCLQSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED 8Y ONE OR MORE OF THE FOLLOIiUING: IMPEACHMENT, REMOVAL OR SUSI>ENSfON FROM QFFIGE QR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REE3RIMAND, OR A C1V[L PENALTY NOT TO EXCEED $'10,000. CE FORM 8B - EFF- 1121300 PAGE 2