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02-02-10 Regular Meeting MinutesFEBRUARY Z, 2010 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, February 2, 2010. I. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuff e Absent - None Also present were - David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Greg Fitch, Chief Chaplain for the Delray Beach Police and Fire-Rescue Department. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor McDuffie noted the addition of Item 7.C., Economic Stimulus Grant Update -Lisa King, Langton Associates, Inc. Presentation by addendum. Mr. Eliopoulos requested that Item 8.A., Re uest for Sidewalk DeferraU453 N.W. 9t~' Street, from the Consent Agenda be moved to the Regular Agenda as Item 9.A.A., Item $.F., InterlocaI A~reementlPalm Beach CountylArt in Public PlaceslTennis Center, from the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A., Item S.L, Independent Contractor Agreement/Robert Brand, from the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A.A. Also, Mr. Eliopoulos stated he would like to remove Item 8.K.3. Site Plan_Review and „__ Appearance Board Meeting/Cafe Mola) from the Consent Agenda and the appeal will come back to the Commission on February 16, 2010. Mr. Eliopoulos requested that Item S.L.5., Purchase Award to A lied Simulation Technolo ies, from the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A.A.A. 02/02/1 a Mr. Frankel moved to approve the Agenda as amended, seconded by Mrs. Gray. Upon roll call the Cornrnission voted as follows: Mr. Fetzer -Yes; Mr. Frankel Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mr. Frankel moved to approve the Minutes of the Special/Workshop Meeting of January 12, 2010, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie --- Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. Mr. Fetzer moved to approve the Minutes of the Regular Meeting of January 19, 2010, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Gray -- Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -- Yes; Mr. Fetzer - Yes; Mr. Frankel ---Yes. Said motion passed with a S to 0 vote. Mr. Eliopoulos moved to approve the ,Special Meeting of January 26, 2010, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer --Yes; Mr. Frankel --- Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: G.A. Reco nizin 2-1-1 Awareness Week - Februar 11-17 2010 Mayor McDuffie read and presented a proclamation hereby proclaiming the week of February 11, 2010-February 17, 2010. Patrice Schroeder came forward to accept the proclamation and gave a few brief comments and reviewed some of the statistics as well. 7. PRESENTATIONS: 7.A. Government Finance Officers Association - Certificate of Achievement for Excellence in Financial Re ortin Mayor McDuffie read a letter into the record addressed to the City Manager from the Government Finance Officers Association (GFOA) commending the City of Delray Beach far its comprehensive annual financial report for the fiscal year ended September 30, 2008. Joseph Safford, Finance Director, came forward to accept the Certificate of Achievement and stated the preparation of a financial report is about a four month process and at the same time staff is going through its external audit. Mr. Safford stated it is quite an accomplishment to receive this award and recognized Miiena Walinski, Assistant Finance Director, and her accounting staff for the extraordinary effort that they put into the preparation of this report. Mr. Safford stated this is the 26E~' consecutive year that the City of Delray Beach has received this award. 2 02/02/10 7.B. Presentation of Proposed Elevations and Floor Plan for the new Little Fenway Park Concession Building Richard Hasko, Director of Environmental Services, stated in December 2009 the City Commission authorized a service authorization with Currie Sowards Aguila to prepare construction documents for replacement of the restroom/concession building at Little Fenway Park. Mr. Hasko gave a brief overview of the site plan. Mr. Hasko stated the plans will be complete in mid-February. The site plan approval and elevations are scheduled to go to the Site Plan Review and Appearance Board (SPRAB) on February 10, 2010. Mr. Hasko stated staff hopes to have a contract award before the Commission on March 16, 2010 with construction occurring between April 15, 2010 and July 15, 2010. He stated staff is not going to do a competitive bid on this project but has selected four contractors from the pre-qualified list that we are going to issue construction documents to and solicit quotes on that basis. Mayor McDuffie asked if the construction of the press box and the concession area is going to have any effect on whether you can play the field or not. Mr. Hasko stated the field will be ready and with in-house resources staff has already relocated all of the electrical equipment outside the building area. Mr. Hasko stated everything to do with the field will be functional (i.e. lights, scoreboard) while this is occurring. Mayor McDuffie stated he likes the elevations. Mrs. Gray asked how staff determines which contractor should get the job if they are not going out for a Request for Proposal (RFP). Mr. Hasko stated staff has a set of construction documents prepared and they are waiting an the architect's office to finish the plans so they can plug in some variables. He stated it is the same set of construction documents that staff would advertise for bid. Mr. Hasko stated an advertisement for bid will draw this process out another two months. He stated staff established apre-bid meeting and a bid opening time and date with the Purchasing Department. Furthermore, Mr. Hasko stated the quotes will be opened in a public fashion just as though rt was a competitive bid and staff wi111ook at the low bidder. 7.C. Economic Stimulus Grant Udate -Lisa Kin Lan on Associates Inc. {Adde~adum) Lisa Kin Lan ton Associates Inc. stated she has met weekly with City staff and tracked targets that were possible grant matches, worked together to put together grant applications and follow their way through the process. Ms. King stated there is over $3,000,000.00 that we can point back to through these various grant programs. She stated applications that are still pending that they have great hopes for are: (1) Fire Station Construction Grant, (2) Broadband Technology Opportunities Program {partnering with Palm Beach County), (3) TIGER (to extend the two-way pairs on Federal Highway and Martin Luther King), (4) Local Energy Assurance Planning {to plan for shortages in power supplies in time of disaster}, and (5) staffing for shortages in power supplies in time of disaster, and (6) staffing far adequate f re and emergency response which would provide for additional firefighters. Ms. King stated there is likely 3 02/02/10 to be some stimulus also known as the "Jobs Bill" that passed by the U,.S. House of Representatives on December 16, 2009 which included $154,000,000,400.00 worth of additional spending. She stated some of the programs are programs that they have had successful applications, pending applications, and there are some new things potentially to help fund park personnel (Park and Forestry Workers Grant). Ms. King stated the Fresident's budget was released yesterday and he had a number of programs that are regarded as part of his job creation agenda. She stated these programs are ones that they are going to look at as opportunities for the City of Delray Beach and they discussed the Choice Neighborhood Program at the Grants Team meeting this afternoon. Mrs. Gray asked if there are any upcoming deadlines for the grants that are in the process. Ms. King stated some of them they gave hard deadlines when they would announce and they have been so overwhelmed by the number of applications received that they have far exceeded what they had initially said. Ms. King stated they thought they would hear on the TIGER grant by now because they had initially said the end of January. She stated she will keep the Comrriission posted. 8. CONSENT AGENDA: City Manager Recommends Approval. B.A. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.B. RE UEST FOR SIDEWALK DEFERR.A,ll.l.27 MIRAMAR DRIVE: Approve a request to defer the installation of a sidewalk along Miramar Drive for 1127 Miramar Drive. S.C. HOLD HARMLESS AGREEMENTIAUBURN TRACE LTD/VILLAGE AT DELRAY: Approve and authorize a Hold Harmless Agreement between the City and Auburn Trace Ltd. to install a guardhouse within the boundaries of a 40-foot utility easement at the entrance to the Village at Delray project located at 695 Auburn Avenue. S.D. ACCEPTANCE OF RIGHT-OF-WAY DEEDS/CONMTNITY REDEVELOPMENT AGENCY CRA (ALLEYWAYS IN BLOCKS 19 AND 20: Approve and accept two (2) right-of--way deeds from the CRA for alleyways in Blocks 19 and 20. S.E. CONTRACT CLOSEOUT C.O. NO. 2/FINAL DOWNRITE ENGINEERING CORP.: Approve a Contract Closeout (Change Order No. 2/Final} in the amount of a $247,399.30 decrease and final payment in the amount of $31,004.32 to Downrite Engineering Carp. for completion of the Area 11A Reclaimed Water System (Contract 3} Project. Funding is available from 441-5181-536-65.96 {Water/Sewer Fund/Other Improvements/Reclaimed Water Transmission). 4 02/02/10 S.F. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. 8.G. SPECIAL EVENT REQUEST/EAST EN_D_ VOLLEYBALL/ANNUAL BEACH VOLLEYBALL TOURNAMENT: Approve a request from East End Volleyball fo hold the Annual Beach Volleyball Tournament on the beach adjacent to Anchor Park on Saturday, March 20, 2010 from 9:00 a.m.-5:00 p.m., and Sunday, March 21, 2010 from 9:00 a.m. - 3:00 p.m. S.H. MEMORANDUM OF UNDERSTANDINGIPALM BEACH COUNTYIMULTI-AGENCY TASK FORCE: Approve a Memorandum of Understanding with the Palm Beach County Sheriffs Office for participation in the multi- agericynarcotics task force to address narcotics activity within Palm Beach County. S.I. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A. 8.J. FY 24].0 PROPOSED PERFORMANCE MEASURESIGOLF COURSES AND TENNIS FACILITIES: Approve proposed performance measures for FY 2010 for the Municipal Golf Course, Lakeview Golf Course, and Tennis Facilities. S.K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 19, 2010 through January 29, 2010. 8.L. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Chaz Equipment Company, Inc. in the amount of $28,675.00 for the emergency repair of a deteriorated sanitary sewer manhole on Highpoint Drive {Highpoint Subdivision). Funding is available from 442-5178-536-46.90 (Water & Sewer Renewal & Replacement Fund/Repair & Maintenance Service/Other Repair/Maintenance Cost). 2. Purchase award to Line-Tec, Inc. in the amount of $95,589.00 via the City of Boynton Beach, Bid #023-2821-09/JA for installing reclaimed water meters and connecting customers on the Barrier Island to the Reclaimed Water system. Funding is available from 441-5161-536-49.23 (Water and Sewer Fund/ Reclaimed Water Distribution System). 3. Purchase award to Sensus Meters in the amount of $14,183.00 for the purchase of "dual port" radio read devices required in connecting customers on the Barrier Island to the Reclaimed Water system. Funding is available from 441-5161-536-49.23 (Water and Sewer Fund/ Reclaimed Water Distribution System). 5 02/02/10 4. Purchase award to Scriptlogic Corp. in the amount of $37,255.00 for the purchase of archiving exchange software (Quest Archive Manager) for the City's email data network. Funding is available from 334-6111-519.66-10 {General Construction Fund: Books- Publications-Software). 5. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A.A. Mr. Frankel moved to approve the Consent Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray ~- Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. RE UEST FOR SIDEWALK DEFERRAL/453 N.W. 91" STREET: Approve a request to defer the installation of a sidewalk along N.W. 9t Street for 453 N.W. 9th Street. Commissioner Eliopoulos declared a conflict of interest and stepped down from the dais. Randal Krejcarek, City Engineer, stated this item is for a sidewalk deferral far the 400 block of N.W. 9th Street and within the Lake Ida Neighborhood Qverlay District. Mr. Krejcarek stated the City has granted other sidewalk deferrals in the same neighborhood through other single family homes. Mr. Fetzer moved to approve the request for the sidewalk deferral for 453 N.W. 9th Street, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 4 to 0 vote. At this point, Commissioner Eliopoulos returned to the dais. 9.A.A.A. INTERLOCAL AGREEMENTIPALM BEACH COUNTYIART IN PUBLIC PLACESITENNIS CENTER: Approve an Interlocal Agreement with Palm Beach County to contract services with its Art in Public Places program to manage the Delray Beach Tennis Center Public Art Project, in coordination with the City of Delray Beach's staff and Public Art Advisory Board (PAAB). Funding is available from 115- 1702-579-31.90 (Special Projects FundlProfessional Services/Other Professional Services). 6 02/02/10 Randal Krejcarek, City Engineer, stated this is a request for approval to enter into an agreement with Palm Beach County to utilize their Public Arts Administrator to administer the proposed art project at the tennis center. Mr. Krejcarek stated last July the City Commission approved setting aside $100,000.00 for this project and since that time the Public Art Advisory Board has been discussing haw they want to move forward with this project and they came to the conclusion that because of the size and scope that they are anticipating with this project they felt that they would need some assistance from a Public Arts Administrator. He stated up until this point the public art that the Public Art Board has moved forward with in the City of Delray Beach has been administered by the Engineering Department. Mr. Kxejcarek stated the Board decided to set $13,000.00 of the $100,000.00 aside and enter into an agreement with Palm Beach County to utilize their Public Art Administrator to help write the calls, review the calls that are submitted, modify the contract to be mare in line with what the nationwide standard contract is for these types of projects, and help with the design services, the implementation services and close-out services. Mr. Krejcarek stated when you put out a call for artists it is almost like bidding a project and you give them broad parameters to the project and the artists came back with their suggestions of what they think should go in based an the parameters you give. He stated the typical number of responses is 3-5 and this is one of the reasons the Board wants to have a Public Arts Administrator to help write the call so the City can get a larger number of responses for this. Mr. K.rejcarek stated the artist with an idea and the Public Art Advisory Board meets once a month so they discuss it at their monthly meeting but then the Board has to wait another month before they discuss it again. Mr. Krejcarek stated he is hoping with this administrator working with the Chair of the Public Art Advisory Board and himself through this process that they can speed that design and fabrication. Mr. Eliopoulos stated this location is important and suggested that they discuss the process at a Workshop meeting so the Commmission can stay in the loop. He stated this is an incredible program and supports it in front of the tennis center. The City Manager stated when the City receives the responses from artists staff can bring this to a Workshop meeting far the Commission to review. Mr. Fetzer concurred with comments expressed by Mr. Eliopoulos. Mr. Fetzer stated this project is going to mean a lot to the development of West Atlantic Avenue to try and bring some art into the tennis center. Mr. Fetzer stated he supports going this route. Mr. Frankel asked if this is a permanent installation. Mr. Krejcarek confirmed that this is a permanent installation. Mayor McDuffie stated the Public Art Advisory Board would Iike to sit down in a Workshop with the Commission as soon as possible. He stated with this change it will be a very good idea to have a Workshop meeting and possibly invite the Palm Beach County Public Arts Administrator. Mr. Krejcarek stated staff is proposing to have that discussion at next week's Workshop with the Public Art Advisory Board. 7 02/02/10 Mr. Eliopoulos moved to approve Item 9.A.A.A. (formerly Item 8.F.), seconded by Mr. Frankel. Upon roll call the Coxmission voted as follows: Mr. Frankel -- Yes; Mrs. Gray -- Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mx. Fetzer - Yes. Said motion passed with a 5 to 0 vote. 9.A.A.A.A. INDEPENDENT CONTRACTOR AGREEMENTIR.OBERT BRAND: Approve an Independent Contractor Agxeeinent between the City and Robert Brand to conduct background investigations for prospective candidates for police officer and non-sworn police employment. Funding is available from 001-21I1-521T13.10 (General Fund/Other Salaries/Wages/Part-time). Brian Shutt, Assistant City Attorney, stated this is an Independent Contractor Agreement with Mr. Brand to do background investigations for the City and he would be paid approximately $30.00 per hour to do these background investigations. Mr. Eliopoulos stated there were several articles with the County in the paper talking about double dipping. Mr. Eliopoulos stated you have City employees retire and then they get hired right back. He stated he does not believe this is the case here and is why he requested mare information from the City Attorney on it. Mr. Eliopoulos stated he wants to make sure that the City of Delray Beach is staying in line with the legal approach. Mr. Eliopoulos moved to approve Item 9.A.A.A.A. {formerly Item 8.L), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray - Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -- Yes; Mr. Fetzer -Yes; Mr. Frankel - Yes. Said motion passed with a 5 to 0 vote. 9.A.A.A.A.A. PURCHASE AWARD TO APPLIED SIMULATION TECHNOLOGIES IN THE AMOUNT OF $44 940.00 TO RECONFIGURE TWO 2 DRIVING SIMULATORS. FUNDING IS AVAILABLE FROM 101-2136-521- 34.90 ARRA ECONOMIC STIMULUS FDIOTHER CONTRACTUAL SERVICES AND -112-2172-521-52.20 LAW ENFORCEMENT TRUST FD/OPERATING SUPPLIES/GENERAL OPERATION SUPPLIES}. Mr. Eliopoulos commented about the hourly rate of $55.00 and asked how they came up with the $3,900.00 for a two day on-site training. Tony Strianese, Police Chief, stated they are also going to be training the trainer so then the City in partnership with the School Board train Palm Beach County School Board out of the same training site. Chief Strianese stated the two driving simulators have been donated to the Police Department and they would like to update them with the most recent technology that is available. Mx. Eliopoulos asked where the equipment is stored. Chief Strianese stated the simulators are stored at Seacrest at the room that is set up for simulations. Chief Strianese reiterated that the two driving simulators were donated and a portion of that money came as part of the JAG grant funding. 8 Ozro2/1a The City Manager stated they also have their travel expenses from Utah. Mr. Eliopoulos moved to approve Item 9.A.A.A.A.A. (formerly Item 8.L.5.), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray Yes. Said motion passed with a S to 0 vote. 9.A. WAIVER REQUESTIWAL-MART CENTER: Consider a waiver request to Land Development Regulations (LDR} Section 4.6.9(D)(4)(b), "Wheel Stops", to allow an alternative {concrete bollards) to wheel stops in twenty-two (22) handicap accessible spaces for the Wal-Mart Center located at 16205 South Military Trail. (Quasi- Judicial Heating) Mayor McDuffie read the City of Delray Beach procedures for aQuasi- rudicial Hearing into the record for this item and all subsequent items. 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 pane 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 #2014-045. Mr. Dorling stated this is a waiver request to allow an alternate {concrete bollards} to wheel stops in (22} handicap accessible spaces for the Wal-Mart development. On March 25, 2009, this site came before SPRAB and was approved for a major overhaul architecturally as well as upgrading for the parking lot, lighting, landscaping, and restriping. Mr. Dorling stated those improvements have occurred and now they have experienced a tripping situation with the wheel stops at the handicapped spaces and they are trying to alleviate that through the installation of bollards. He stated bollards will be placed at each corner of each handicapped space and the applicant requests that this be allowed at all 22 spaces. Mr. Dorling stated the City code requires the wheel stops and therefore the reason for the waiver and approval by the City Commission. Mr. Dorling stated the required findings pursuant to LDR Section 2.4.7{B)(5) are made in the agenda backup material and sfaff recommends approval of the waiver. SUSan Motle Attorue re resentin Wai-Mart stated they have had a great number of problems with elderly customers tripping on these wheel stops. Ms. Motley stated Wal-Mart prefers not to have wheel stops throughout its parking Iots; however, it is a requirement in this city. Therefore, Ms. Motley stated they tried to come up with something that was an alternative in the handicapped areas which seemed to have created the mast problems in terms of people getting out of their cars and if there is an empty handicap space next to it they walk to get over to the walkway and they are 9 02/02/10 looking straight ahead and not looking down thus the reason for the problems. Ms. Motley stated the bollards will be a very good solution and noted that SPRAB unanimously recommended approval and they comply with all of the requirements. Mr. Eliopoulos stated a bollard is like an emergency stopping mechanism and by the time someone hits that bollard you are usually at a spot you should not be at; a wheel stop touches the tires and does no damage to the car. Mr. Eliopoulos expressed concern that if these particular people are shopping and tripping, they are probably going to be hitting these bollards and asked Ms, Motley if they are prepared to deal with that because he believes there is going to be a lot of car damage. Ms. Motley stated the bollards are going to be a bright yellow and are much higher than the wheel stops. She stated the problem is that people are looking straight ahead and not looking down and hopes this is a good solution to the problem. Mrs. Gray stated she likes the wheel stops and asked if these could be striped with bright yellow. She stated when the customers hit the wheel stop they will stop versus waiting until it hits these bollards. Ms. Motley stated on one of the bollards these will be a higher handicap sign so they do not anticipate a problem with the customers hitting that. Ms. Motley stated the problem is not with the parking space that they are pulling into but the problem is when they get out of the space and are walking through other parking spaces. If there are not cars in those parking spaces, customers are tripping on the wheel stops because they are not looking down they are looking up. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the waiver request, to please come forward at this time. There being no one from the public who..wished to address the Commission, the public hearing was closed. 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 vial part of the minutes). Mr. Fetzer moved to adopt the Board Order as presented {approving the waiver request), seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Eliopoulas -- No; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray - No; Mayor McDuffie -Yes. Said motion passed with a 3 to 2 vote, Commissioner Eliopoulos and Commissioner Gray dissenting. 9.B. WAIVER RE UEST/PNC BANK: Consider a waiver request to Land Development Regulations {LDR} Section 4.6.18{B}{13){b), "Outbuildings and Shopping Centers", for architectural elevation changes to allow blue awnings in place of black and white striped awnings for the PNC Bank Outbuilding located within the New Century Commons. (Quasi-Judicial Hearing) 10 02/02/10 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 pane communications. The Commission had no ex pane communications to disclose. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2010-059. Mr. Dorling stated this is consideration of a change in elevation to allow blue awnings to PNC Bank which is an out building at the New Century Commons shopping center located at the S.W. corner of Linton Boulevard and S.W. 4~' Avenue. This site plan was approved September 10, 200'7, for a shopping center which now houses the Sports Authority, Pets Mart, AT&T, Chipotle Restaurant, etc. Mr. Dorling stated the elevations that were approved at that time had an overall package of white and black striped awnings throughout the center including the out parcel. This request is to change and modify that original approval to allow now the blue awnings which are consistent with PNC's corporate colors. Mr. Dorling stated it is noted that neither Sports Authority, Pets Mart, Chipotle Restaurant or AT &T were allowed to utilize awnings of corporate colors and they were required to maintain what was consistent with the shopping center. The applicant's original intent was to maintain this consistency and they ran into some issues with it meeting the fire code. Mr. Dorling stated if you have a striped awning that is glued together there is the option to sew them together as did the Seagate Hotel which has striped awnings or other options suggested by staff is that the applicant go with a solid black or a solid white awning thereby maintaining some consistency to the shopping center, At its meeting of January 13, 2010, the Site Plan Review and Appearance Board (SPRAB) and there was some discussion and the Board recommended approval of the blue colors that are before the Commission now. Staff recommends denial of the blue awnings and request that the applicant do something more consistent with the shopping center (i.e. solid black or sewn awnings) as originally approved. Gina Anderson PNC Bank introduced Mitch Lewis representing Southern Awning and stated they have had difficulty hying to get the black and gray awnings to work at this location. Ms. Anderson stated they thought the navy blue would go better aesthetically with the building and be more complimentary to the building and it is separate in this shopping center and they are pulled away from everything else in the center. Ms. Anderson stated the developer has no objections to the navy blue awnings and they do not think black would look good aesthetically. She stated dark navy blue would go better with the sign as well as the blue band that wraps around this building. Mitch 1Gewis re resentin Southern Awniun stated they were awarded the contract to do the awnings on this building and they were complying with the white and black striped awnings and noted that they are anon-flame recurrent fabric and they will flame. Mr. Lewis stated there is a treatment that they go out-of--state for to get fabric 11 02/02/10 flame treated. He stated they went through that process and submitted it for a permit and the Fire Department did their own burn test on it as well and it did not pass the burn test. Mr. Lewis stated he sent the fabric to that flame treater another two times and each time the sample was sent back to the Fire Department and the Fire Department rejected it because it did not meet their criteria for self extinguishing under a certain amount of tune. Mr. Lewis stated he then went back to PNC Bank and they selected from a pallet of flame return fabrics. He stated they chose navy blue that is very close to their corporate color and resubmitted their permit application and the Fire Department has approved that. However, Mr. Lewis stated that was not the approved site plan so they went to the Board prior to this and got their approval on the color that they want to do at that center. Mr. Lewis stated the Fire Department is under the understanding that he can sew them together and that will create a flame retardant fabric. He stated in order to meet what is currently in the center which is off-white with a gray and white stripe about four inches wide and if they try to sew that together there will be significant puckering and aesthetically it will not look right in the center. Mr. Lewis stated there is no way to match these and going to a solid color is going to be the best bet. Mr. Dorling stated staff believes that a solid black awning will be more consistent with the color scheme of the overall center. There was cross-examination or rebuttal. Mrs. Gray stated she likes the dark blue. Mr. Frankel asked if the applicant talked to the other businesses in the plaza to see where they gat their awnings. Ms. Anderson stated those awnings were approved by the Fire Marshall. Mr. Lewis stated those awnings that are up there currently were installed in October 2008. Mr. Frankel asked if the blue awnings have passed the fire test. Ms. Anderson stated these have already passed the fire test. Mr. Lewis confirmed that the blue awnings passed the burn test. Mr. Frankel stated he supports the blue awnings. Mr. Eliopoulos stated the City has done all kinds of awnings on buildings and have never had an issue. He stated he concurs with staff and supports the black awnings. Mr. Eliopoulos stated if, however, the Commission supports going with the blue, he suggests that they go with a dark navy blue. Mr. Fetzer asked what the rationale was for SPRAB granting this and whether or not it was unanimous. Mr. Dorling stated he does not recall whether it was unanimous and SPRAB felt that it was close enough that it was not a problem for them. Mr. Fetzer stated after seeing the sample he supports the dark navy blue. 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 official part of the minutes). 12 02/02/10 Mr. Frankel moved to adopt Board Order as presented, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel --- Yes; Mrs. Gray -- Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:08 p.m., the Commission moved to the duly advertised Puhlic Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 04-10: Consider modification of the Blood's Grove SAD (Special Activities District) Ordinance No. 46-07, in conjunction with a change to add an additional 1,088 sq. ft. to an existing 29,780 sq. ft. medical office building to total 30,868 sq. il. for the Midtown Medical Building, located at the southwest corner of Linton Boulevard and Old Germantown Road (4600 Linton Boulevard}, (Quasi-Judicial Hearing) (The applicant has requested the ordinance be TABLED until the February 1 S, 2010 City Commission Meeting) The caption of Ordinance No. 04-10 is as follows: office.} AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 46-07 WHICH ESTABLISHED THE SPECIAL ACTNITES (SAD) ZONING DISTRICT FOR MIDTOWN DELRAY, BY AMENDNG SAID ORDINANCE 46-07 TO ALLOW FOR AN INCREASE IN THE FLOOR AREA FOR MEDICAL OFFICE BUILDING; AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.25(G), "S.A.D.s," SUBSECTION (9) MIDTOWN DELRAY TO REFERENCE ORDINANCE 04-10; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 04-10 is on fle in the City Clerk's The City Attorney stated this is aprivately-initiated ordinance and the applicant has withdrawn this ordinance and the applicant has been in contact with Mr. Dorling and another ordinance will be coming before the Commission at a later date. Mr. Dorling stated the caption of the ordinance will be modified to include a reference to a reduction in parking which is allowed under the SAD (Special Activities District) ordinance. 13 02/02/10 10.B. ORDINANCE NO. 06-10: Consider an ordinance amending Section 53.054, "Prevention of Accidental Discharges", by removing any reference to above ground storage tanks from this section. office.) The caption of Ordinance No. 06-10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53, "SANITARY SEWERS", OF THE CODE OF ORDINANCES BY AMENDING SECTION 53.064, "PREVENTION OF ACCIDENTAL DISCHARGES", AND RENiJMBERING THE REMAINING PARAGRAPHS TO MAKE THIS SECTION CONSISTENT WITH OTHER ORDINANCE SECTIONS REGARDING ABOVE-GROUND STORAGE TANKS AND TO UPDATE REFERENCES TO OTHER REGULATORY SECTIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 06-10 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 Delr~.y Beach, Florida. Richard Hasko, Director of Environmental Services, stated this ordinance is primarily housekeeping in nature and it brings Chapter 52 sewer ordinance into line with changes that were made by Fire-Rescue in a similar ordinance that had to do with capacities and maximum requirements far above ground storage tanks. Mr. Hasko stated there was duplication and staff needs to change this so that we get rid of that conflict. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Coinrnission regarding Ordinance No. 06-10, the public hearing was closed. Mr. Fetzer moved to adopt Ordinance No. 06-10 on Second and FINAL Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulas -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:11 p.m., the Commission moved back to Item 9.C. of the Regular Agenda. 14 02/02/10 9.C. CONDITIONAL USE REQUESTIS.D. SPADY MUSEUM AND CULTURAL ARTS CENTER: Consider a request far conditional use to allow an outdoor amphitheater at the S.D. Spady Museum and Cultural Arts Complex, located on the west side of N.W. Sth Avenue, between N.W. 1~t and 2nd Street, within the Central Business District {CBD) zoning district. (Quasi Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to glue testrrnony on tlns item. Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, A1CP, Director of Planning and Zoning, entered the Planning and Zoning Department project file 2010-016 into the record. Mr. Dorling stated this is a conditional use request to allow an outdoor amphitheater for the S.D. Spady Museum and Cultural Arts Complex. In January 2006, the City Commission approved an identical request subject to certain operating conditions which addressed concerns regarding the potential impact on the surrounding residential neighborhood and parking deficiencies. On December 10, 2007, the City Commission granted an 18th month extension of the conditional use which was valid until July 3, 2009. The use was not established and an extension request was not submitted. Therefore, the conditional use approval expired. Anew conditional use request has been submitted. At its meeting of November 18, 2009, the Historic Preservation Board (HPB) reviewed the subject requdst and recommended approval with a 7 to 0 vote; at its meeting of January 25, 2010, the Planning and Zoning Board considered the conditional use request and recommended approval with a 5 to 0 vote. Staff recommends approval at this time subject to those seven conditions that were applied to the original approval and the subsequent extension. Dais k~lton EPOCH x andin and Preservin Our Cultural Herita e stated the July 3, 2009 date expired and within two weeks of that date they decided to make a telephone call to make sure everything was off and going. Ms. Fulton stated they were still in the approval process and then they were informed that they had to come back and start all over again. She urged the Commission to allow them to continue. Mayor McDuff e stated 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. Mr. Frankel asked if the conditions in the memo were the same seven conditions that were previously on this. Mr. Dorling stated these were the same original seven conditions. 15 02/02/10 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 official part of the minutes). Mr. Eliopoulos moved to adopt the Board Order as presented, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -- Yes; Mayor McDuffie -- Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 9.D. WAIVER REQUESTICUT 432: Consider a waiver request to Land Development Regulations {LDR) Section 4.4.13(F)(4)(a)(2), "Front Setbacks", to allow a zero (0') setback where a five foot {5') setback is required, for construction of a covered sidewalk cafe on the south side of East Atlantic Avenue for Cut 432 located at 432 East Atlantic 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 stated he had dinner at Cut 432 a couple of weeks ago and he spoke to a waiter over the weekend about the project. Mrs. Gray stated she received emails from Fran Marincola. Mayor McDuffie stated he received an extensive email from Fran Marincola. Mr. Eliopoulos stated he too received emails from Fran Marincola and has eaten at Cut 432 and also talked with the builder on the telephone with regards to the project. Mr. Fetzer stated he received emails from Fran Marincola who opposes the waiver. Paul Darling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2009-254 into the record. Mr. Dorling stated this request is for approval of a waiver to the five foot setback requirement pursuant to LDR Section 4.4.13(F)(4)(a)(2) to allow encroachment of a covered sidewalk cafe on the south side of east Atlantic Avenue far Cut 432. He stated on November 11, 2009 the Site Plan Review and Appearance Board (SPRAB) approved the expansion of the restaurant into the vacant bay along with facade changes to include this 400 square foot outdoor sidewalk cafe area. Mr. Darling stated while this waiver is after the fact it is important to Hate that it would be supported by staff if it was requested prior to construction. He stated currently zero setbacks are allowed in the CBD (Central Business District} both in the West Atlantic areas and the beach areas a five foot requirement is required in the downtown core area where this exists. Mr. Dorling stated non-anchored awnings can have a zero setback and further encroach into the right-of--way with City approval. He stated since this is anchored to the ground it is treated as a structure rather than an awning. Mr. Dorling stated the requirement for the five Foot setback in the downtown corridor is Eo assure that adequate pedestrian circulation exists in the public right-afl-way. He stated in all areas adjacent to this property there is minimum of 7 feet 6 inches of public sidewalk and it expanded to 12 feet 6 inches in 16 02/02/10 about two-thirds of the area. Staff recommends approval of this waiver at this time. Peter Weintraub, Apniicant, stated SPRA13 has already approved this and the construction that the Commission now sees is a modification of what was already there. Mr. Weintraub stated he is not seeking any further encroachment and there was a prior awning that covered the same area. He stated the expansion was done in full compliance with the building codes and all the requirements of the city. Mark Krall, 190 S.E. Stn Av_enue,___DelraY Seac__h, FL (representing Fran Marincola) stated he understands that this has already been approved by SPRAB but we need to analyze where sidewalk cafes started and where they are going. Mr. Krall distributed photographs of different sidewalk cafes with regards to the concept of an awning and tables in a public right-of--way. Mr. Krall stated this particular structure is just that; it is a structure. He stated when he looked at the history of the outdoor cafe ordinance it talks about outdoor tables and the City having the discretion to remove the tables in the event of an emergency or a hurricane or violation of any rules or ordinances. Mr. Kra11 stated when he looked around at the different outdoor cafes around town he noticed the main concept historically was same sort of awning with temporary posts in a public right-of--way. He stated here is a restauranteur that is expanding his restaurant but he is not meeting parking requirements to this particular aspect of the expansion. Mr. Krall stated he does not know what happened during this process; however, previously if he recalls correctly they had more or an awning structure for their outdoor cafe. He stated then when they went to SPRAB it may have been some minor modification. Mr. Krall stated an argument could be made that a structure is there and because there is a structure there that you have an expansion of restaurant space that requires something with regards to parking. He stated The Office does not have a canopy but they have a roof that is suspended with some sort of cable. Mr. Krall stated Mr. Marincola has contributed a lot with regards to his restaurant and these axe issues that need to raised and thought about in the future. And Katz 220 South Ocean Boulevard Delra Beach stated many of the restaurants have been encroaching on the five foot clear sidewalk that is required around town. Mr. Katz stated he would like to see the consistent approach such as parking requirements and if something is a permanent structure then the parking requirements should be applied as applied to permanent structures versus canopied areas of restaurants. Mr. Katz stated whether it is parking, awnings, or structures let's apply them consistently throughout the city. He stated the problems that he has seen with regard to use of sidewalks next to restaurants and sidewalk cafes is that through time the encroachment takes place so that it is difficult for the public to use the sidewalk and distributed photos showing examples of this. Mr. Katz urged the Commission to look at this from the standpoint of consistency, sharing the sidewalks so that the walking public has a clear path and how can we make sure those sidewalks are kept clear of either permanent obstructions or temporary tables anal chairs not allowing the five feet that is supposed to be allowed. 17 02/02/10 Mr. Dorling stated this facility is on private property and the public , sidewalk extends further north of it. He stated the Code classifies structures as anything including an awning that is anchored. For instance, Mr. Marincola's facility is under a structure and note this one is more permanent than those others but they are all under structures. Joe Grenadier, ownerlcontractor, stated he believes the Code was recently amended to this five foot setback and noted that when he reviewed the LDRs it stated you could go to the setback. Mr. Grenadier stated a lot of the issues that were brought up are buildings that are already built directly on the setback. He stated they are actually indented into a pocket from Big Al's and they did not exceed the line of Big Al's and they still have more space in front of their columns to the street than most people do (i.e. Tramonti's or The Office). Mr. Grenadier stated they have the same amount of seats and have not changed anything with their cafe. He stated the intent of the cafe license is to have a little bit of difference so that each restaurant has a different look. Mr. Eliopoulos stated he had a busy weekend and people that were visiting were commenting on the downtown about it being like a European town with all the cafes, etc. He expressed concern with some of the uniqueness of how people are finding ways to put seats outside of the restaurants and safety is always a concern. Mr. Eliopoulos concurs with staff that when you go in for a permit and put up an awning it is a structure. Mr. Eliopoulos asked staff if this applicant should have been purchasing parking. Mr. Dorling stated they are paying $3.00 a square foot for sidewalk cafes which is everything between the face of the store and the street; in some cases that is on private property, in some cases that is on public property, and in some cases it is a combination of the two. Mr. Dorling stated it,has not been the practice in the past to assess in-lieu parking spaces for those kinds of areas. Mr. Dorling stated if staff has an axea that does not meet that defmition they would look at that as expansion of floor area and if it was an internal courtyard the City would require that to be assessed for in-lieu parking. Mr. Eliopoulos asked if there is something that has to be more clearly defined with regards to this. Mr. Dorling stated we need to look at what Mr. Katz brought up with respect to encroachments and how creative people are getting but he believes the general concept is sound. Mr. Eliopoulos stated he supports the waiver request. Mr. Fetzer stated Mr. Katz brought up a good point with consistency. Mr. Fetzer stated some of the restaurants are getting very creative with how they interpret all this. He stated he would like to see the City tighten up so that we are consistent with how we are treating all of these areas. Mr. Fetzer stated he supports this waiver and if you look at it as though it had not been built and the Commission is considering it for the first time he believes he would have supported it based on the conditions at this particular location. Mr. Eliopoulos stated he would like to see these tables stay within the covered area. 18 02/02/10 Mrs. Gray stated she looked at this location and has an issue with chairs and tables being in the public right-of--way. However, she will support this waiver because they already had an awning request, it was approved by staff and she does not want to make them go back to tear it down. Mrs. Gray expressed concern over the cafes because she was walking past the Green Owl Sunday morning and they had tables and chairs lined up in the middle of the sidewalk and also at the Subway on West Atlantic Avenue the chairs and tables are right in the middle of the sidewalk. Mrs. Gray stated she likes to run and other people like to walk. She suggested that we revisit the cafe ordinance because it is a problem. Mr. Frankel supports the waiver request and agrees that we need to look at the sidewalks as Mr. Katz and the rest of the Commission has said tonight. Mayor McDuffie stated we have an interesting downtown with a lot of different sidewalk cafes with different ideas where seating goes. He stated he was very refreshed to walk from the north Pineapple Grove side through the walk isle on The Office this weekend and found he could walk through and everything was unobstructed. Mayor McDuffie suggested that we get the Code Enforcement division a little more involved in the downtown. The City Manager stated the Code Enforcement officers enforce it during the normal working day and the Clean and Safe Police Officers enforce it in the evening. The City Manager stated in the Development Group that meets once a month they discussed that last Friday morning and it is evident that it was not being enforced in the evening. The City Manager stated Mrs. Butler met with Chief Strianese and determined that some incorrect information had been given to the Clean and Safe Officers that they were not responsible for enforcing that. He stated that has been cleared up now and the Clean and Safe Officers and Code Enforcement will da a blitz next week through all the sidewalk cafes operating in the downtown area to re-inform them that this five feet must be observed. The City Manager stated there has been an absence in the evening For some time now. The City Manager stated the City can take away their sidewalk license if violations continue; however, the City will re-inform them where the lines are and get this cleared up and watch it closely. Mayor McDuffie stated it appears that the applicant got a permit and built what they were permitted to build. He stated in the future it is getting back to enforcement and the restauranteurs to understand what the regulations are and making sure that they are enforced. Mrs. Gray asked what type of precedent will this set if the Commission approves this waiver. Mayor McDuffie stated as Mr. Eliopoulos said if you walk the Avenue some people have huge posts on the awnings right now and this is not something that is new. Mr. Eliopoulos stated this would have to be done on a case-by-case basis and these are all structures. 19 02/02/10 .... 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 official part of the minutes). Mr. Frankel moved to adopt the Board Order as presented, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie - Yes; Mr. Eliopoulos -- Yes; Mr. Fetzer ~- Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 9.E. CONDITIONAL USE REQUESTIH & M AUTO BODY. INC.: Consider a request for conditional use to allow the establishment of an automobile paint and body shop (body repair and refurbishing of vehicles) lrnown as H & M Auto Body, Inc., within the Tenth Street Park of Commerce located at 1100 S.W. 10th Street. (Quasi- Judicial HeaNing) 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. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project fle #2009-236 into the record. Mr. Dorling stated this is a conditional use request to establish an auto, paint, and body shop known as H & M Auto Body, Inc. located at 1100 S.W. lOt~ Street. In 2000, this was approved as a 46,560 square foot mixed use industrial and commercial building. The majority of the building has been occupied. These individual bays are condominimized and marketed and sold separately. Mr. Dorling stated along with that is an allocation of a certain number of spaces to each and every bay and then there are same common spaces that are allocated to the overall center. At its meeting of January 25, 2010, the Planning and Zoning Board held a public hearing on the conditional use request. There were several people who spoke in opposition and those people owned property in the same building. Mr. Dorling stated their concerns revolved around the incapability of this use with the Wallace Drive Redevelopment Plan and rnisuse of existing designation parking spaces within the building along with the impact of overflow parking encroaching into swales and adjacent areas. Mr. Dorling stated there are a lot of auto body uses in that vicinity and those were identified in the Wallace Redevelopment Plan. Mr. Dorling stated there was a significant discussion at the Planning and Zoning Board and it was a unanimous recommendation of denial with a 6 to 0 vote. He stated that denial was based on the issues relating to the Wallace Redevelopment Plan and potential findings that this would have a negative effect on the stability not only on this site but adjacent properties in that redevelopment area. Staff recommends denial of this conditional use request. 20 02/02/10 Mayor McDuffie stated anyone from the public who would .like to speak in favor or in opposition of the conditional use request, to please come forward at this time. Steve Meltzer, stated four years ago he purchased six of the warehouse condos (Suite A, B, C, D, E, & F), and runs multiple businesses out of these condos and leases out two of the condos. Mr. Meltzer stated they are having problems with the current parking with one of the units that are owned by the applicant for auto body. He stated they bring trucks and containers in from the street and go around to the back and it is constantly blocked. Mr. Meltzer expressed concern with the lack of parking and stated he made a major investment into this building and brought jobs into Delray Beach. He also expressed concern aver the deterioration of the building and lack of parking. Mr. Meltzer supports the Wallace Drive Redevelopment Plan and is against having this zoned for a conditional use. He stated this will impede his business. Freddie Figueroa, Warehouse Manager and _employed by Steve Meltzer at this establishment, gave a brief explanation as to how the trucks pull into the bay and park to unload. Mr. Meltzer stated in the last bay they are parking cars illegally and Code Enforcement has been there to try to stop this activity but no avail. He reiterated that he does not support the conditional use request. There being no one else who wished to address the Commission regarding the conditional use request, the public hearing was closed. Mrs. Gray asked when the trucks come to unload for Mr. Meltzer's business, how long are they in the roadway and can other cars get around the trucks. Mr. Meltzer stated other cars can get around the trucks and stated the trucks are usually there between 10-25 minutes but that is a rare occasion. 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 official part of the minutes). Mr. Frankel moved to adopt the Board Order (denying the conditional use request), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.F. CONDITIONAL USE RE VEST/PUTT'N AROUND DELRAY BEACH: Consider a request for conditional use to allow a miniature golf course known as Putt'n Around Delray Beach located on the west side of N.E. Soh Avenue, between N.E. 3ra Street and N.E. 4~ Street. (Quasi-Judicial Hearing) 21 02/02/10 Mr. Eliopoulos declared a conflict of interest stating he has an ongoing business relationship with the existing owner of the property and stepped down from the dais. 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 pane communications. Mr. Frankel stated he met with architect and the applicant. Mrs. Gray stated she had no ex pane communications to disclose. Mayor McDuffie stated he met with the architect and the applicant. Mr. Fetzer stated he met with the architect and the applicant. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2010-047 into the record. Mr. Dorling stated this is a conditional use request to allow a miniature golf course known as Putt'n Around Dehay Beach to be located on southbound Federal Highway between the raihoad tracks south of N.E. 4a' Street. On February 1, 2405, the City Commission approved a conditional use for a large mixed use development that contained 75 residential units and 24,000 square feet of commercial floor area. The improvements associated with these approvals were never constructed and the development approvals have expired. At its meeting of January 25, 2010, the Planning and Zoning Board considered the current development proposal fora 36-hole miniature golf course. The Board discussed the proposal and recommended approval of the conditional use. At its meeting of January 14, 2010, the Community Redevelopment Agency (CRA) reviewed the conditional use request and recommended approval and at its meeting of January 11, 2010, the Downtown Development Authority (DDA) reviewed the conditional use request and recommended approval. Staff recommends approval subject to the three conditions: (1) approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan and addresses the Exhibit "A" -Technical ltems, (2) that the dumpster enclosure gates be locked when not in use, (3) that a closed circuit television system be installed and monitored. Jess Sowards Architect with Currie Sowards A uila Architects stated he would like to disclose that he tried to contact Commissioner Gray but they did not communicate. Mr. Sowards stated the site plan is a 36-hole themed miniature golf course with one 1 ~-hale theme being like an ocean beach and the other 18-holes is more of an everglades theme. He stated all the holes are handicap accessible and there are fountains and waterfalls. Mr. Sowards stated they visualize this as being like the Sundy House with the landscaping and lushness. He stated this fits within the village-by-the-sea theme and fits within the Central Business District (CBD), and it is an appropriate use as part of the commercial core. 22 a2~o2~10 Elise Johnson, 221 N.W. 17t~' Street, Delrayy_ Beach,. FL, 33444 {Applicant), distributed photographs of a golf course in Miami that the same developer did. Ms. Johnson stated the developer built over 2,000 golf courses in the world and it is the Ro11s-Royce of miniature golf She stated this looks like a private park and is somewhere for families to came together and enjoy downtown Delray Beach. Ms. Johnson stated they are looking forward to going with the city plan getting people to walk up Federal Highway because it is going to be more of a pedestrian district. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the request, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the conditional use request, the public hearing was closed. There was no cross-examination or rebuttal. Mr. Fetzer stated he thinks this is great and it adds some diversity to the downtown. He stated this can he enjoyed by families and supports the conditional use request. Mr. Frankel stated this is very creative and fits in with the Federal Highway beautification and the Commission set as a goal to have more green areas. He stated this is a great family activity and supports the conditional use request. Mrs. Gray stated this is a great idea and a great addition to the city. She stated this is a great project and asked when this will be open. Ms. Johnson stated her original goal was the Delray Affair but now she is shooting for July 4th Mayor McDuffie stated he is pleasantly surprised with regard to this project. He commended the owner and the designer for a great project and stated it has been a long time coming to get something for the kids to da. 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 official part of the minutes). Mr. Frankel moved to approve the conditional use request to allow a miniature golf course known as Putt'n Around Delray Beach, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -- Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 8:15 p.m., Commissioner Eliopoulos returned to the dais. 9.G. WAIVER RE UEST/VILLAGE ARTS MART: Consider a waiver request associated with the approval of a temporary use permit for an Arts Mart at 113 & 115 N.E. 4th Avenue. (Quasi-Judicial Hearing) 23 02/02/10 __ _ ....................................... Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony an this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex pane communications to disclose. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Board Department project file #2010-071 into the retard. Mr. Dorling stated this is a consideration of a waiver request associated with the approval of a temporary use permit for an Arts Mart to be located at 113 & 115 N.E. 4th Avenue. He stated there is a consensus among local artisans that there is difficulty finding space to show and sell their work in a community type setting. Mr. Darling stated this is before the Cornxnissian as a waiver to LDR Section 2.4.6(F) which is a temporary use section of the Code. He stated this specific use is not identified as a temporary use and therefore can only be approved under this section by granting a waiver. Mr. Dorling stated the timeframe for this use is being requested for a period not to exceed 1 S months and that would allow them to operate for the rest of this season and next season. The seasons will coincide with the times the Green Market is also in affect and the attempt is to compliment that on Saturdays. Mr. Dorling stated the request is to occupy three lots with parking on the north and south lots. He stated there is the ability to accommodate 21 vendor spaces and those would be of varying sizes to be leased by local artists. Mr. Darling stated there were concerns over aesthetics and there is a requirement that an Arts Manager be on site during all hours of operation and the items sold must be hand/home-crafted and represented by the artists on site to sell them. Also, Mr. Dorling stated that canopies, ,tents, and umbrellas be white or neutral in color and must be properly weighed and relatively wind resistant. Staff recommends approval subject to the conditions identified in the staff report. Ann Fulton 1124 Vista Del Mar Delra Beacla FL 33483 stated presently 115 is a little cottage that is being presently used as a studio and storage space. Ms. Fulton stated an the weekends they have noticed that these three parking lots are totally unused. She stated down 4th Avenue all the little shops get very little pedestrian traffic. Ms. Fulton stated monetarily there will be a whole lot going on and noted that they will be renting the spaces; however, a lot of that money will 6e going into the insurance and maintenance of the properties. She stated to spice it up a little bit they are calling it "Village Arts Mart" and to make it look a little more like a village. They are planning to come in off of 4th Avenue. Ms. Fulton stated she hopes this will create an inviting path for people to take on Saturday and Sundays from noon until sunset. Mrs. Gray asked if this is more of an event or business. Ms. Fulton stated they are going to try to bald this every weekend so she considers it to be an event every weekend. Mrs. Gray stated she understands that this is on private property but asked what kind of liability the City would be taking. The City Attorney stated it is on private property and is not a special event sponsored by the City there would be no action that the City would take or need to take on that. 24 a2ro2~1 a Mr. Frankel stated Ms. Fulton stated she has a lot of recommendations from the businesses; however, there are people who live in the lofts above those businesses who have not been contacted. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the waiver request, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the waiver request, the public hearing was closed. There was no cross-e~aminatiox or rebuttal. Michelle McGrath 143 South Swinton Avenue Delra Beach FL 33483, stated she feels that this might actually be an attraction for potential residents. Mr. Frankel stated it looks nice and he supports art but until he has some kind of answer from a resident who lives there, he cannot support a waiver that may or may not adversely affect the neighboring area. The City Manager asked what kind of public notice the City gives a waiver request. Mr. Dorling stated while it is not required, staff can provide notice within S00 feet if this is the desire of the Commission. Mr. Eliopoulos stated they are going to be set up near the railroad tracks and cannot imagine the amount of noise they are going to generate. He stated he does not see this as a negative impact. Mr. Fetzer stated he does not feel this is going to adversely affect the neighboring area and supports this project. Mayor McDuffie stated it seems like the Green Market and feels this will fit in well. He stated there is not much going on there and the little restaurants in this area could use same patrons. Mayor McDuffie stated it has been the desire of the Commission to drive things off Atlantic Avenue in either direction to help the businesses in those directions. Mr. Eliopoulos stated he supports this as well. The City Attorney briefly reviewed the Board Order with the Commission who made Endings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Eliopoulos moved to adopt the Board Order as presented, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel No; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -- Yes. Said motion passed with a 4 to 1 vote, Commissioner Frankel dissenting. 25 02/02110 4.H. REPLACEMENT OF TREES REMOVED BY THE OFFICE: Provide direction on the replacement trees and potential violation fines for the unauthorized removal of three (3} city-owned Japanese Fern Trees located at the N.E. corner of Atlantic Avenue and N.E. 2n Avenue. Lula Butler, Director of Community Improvement, stated the City has cited the owner of the restaurant for removing three Japanese Fern Trees from the public right-of--way. Mrs. Butler stated the City normally tries to resolve these issues before they get to the Code Enforcement Board. She stated the owner of The Office restaurant has had a problem with trying to find 20 foot Japanese Fern trees because they are affected by cold weather. Mrs. Butler stated the best specimen trees staff can find is between 10 and 12 feet. The first option would be to have the owner of The Off ce pay far the relocation of three existing 20 foot Japanese Fern Trees (located on the west side of N.E. 2"a Avenue} and replace them with the trees so that both sides of the street look the same. Mrs. Butler stated The Office has agreed to donate the existing trees and move those trees for us, and put them in a place that staff specifies and also donate the palms that they put in the right-af-way without permission. Mrs. Butler stated because there is a cost savings if they have to buy 20 foot trees versus 12 foot trees they have agreed donating the difference back to the City which is $1,500.00. Staff put forth a second option to have The Office pay for the relocation of the existing Japanese Fern Trees and replace with six Medjool Date Palms, three on each side of N.E. 2"d Avenue. However, these are much more costly to replace. Staff recommends Option #1 including the $1,500.00 penalty. Michael Weiner Attorne with Weiner Aronson & Mankoff P.A. 10 S.E. lgt Avenue Delra Beach FL 33444 re resentin David Marrero stated Mr. Marrero has agreed to Option #1 as recommended by staff. Mr. Weiner stated after they learned that the trees were taken out without the proper permits they have been in to see Mrs. Butler and settled the situation with her. Mr. Eliopoulas stated if the owner had another month would they be able to fmd these Japanese Fern Trees. Mrs. Butler stated the City gave the owner a deadline to comply; however, staff believes it will take a little longer for trees to recover so they could not da it in another month. Mr. Frankel asked what happened to the trees that were removed. Mr. Weiner stated the general contractor stated that the trees were in very difficult condition and does not believe any effort was made to save them other than for the tress to be hauled off as construction debris. Mr. Frankel asked if the City has a price on the Japanese Fern Trees. Mrs. Butler stated the cost of the Japanese Fern Trees is approximately $$00.00 a piecs. Mr. Frankel asked if the 2"d Avenue sidewalk situation will be coming to the Commission on a date certain. Mrs. Butler stated the sidewalk cafe will not be coming back to the Commission because the owner has a permit and he has conditions to maintain the five foot clearance at all times. Mrs. Butler stated if the owner does not do that, staff will deal with him about that issue and resolve it that way. 25 02/02/10 Mr. Eliopoulos asked if this is temporary. Mrs. Butler stated this is not temporary it is conditioned with the fact that staff believes the owner would have a difficult time maintaining that five foot clearance. Therefore, Mrs. Butler stated staff has made sure that the owner understood that he is required to maintain that and he has done a very good jab of trying to do that. Mr. Frankel stated the other conditions came before the Coxnxnission and asked why this condition did not come before the Commission. Mrs. Butler stated these conditions go to SPRAB not to the Commission. Mayor McDuffie stated if the cold is going to kill these trees, has staff thought about our overall plan for using them in the cornrnunity. Mrs. Butler stated once they get established they do fine but if they are not in a pat and you have to transplant them out of the ground that is where you lose them. The City Manager asked if Louie Louie also had curbside tables on 2"d Avenue. Mrs. Butler stated Louie Louie had curbside tables on 2"d Avenue for three years. rt was the consensus of the Commission to support staff s recommendation (Option #1). 9.I. AUTHORIZATION TO FILE APPEALICITY OF DELRAY BEACH V. BOARD OF TRUSTEES OF THE CITY OF DELRAY BEACH POLICE OFFICERS AND FIREFIGHTERS RETIREMENT SYSTEM: Consider a request far authorization to file an appeal to the Fourth District Court of Appeals in the case of the City of Delray Beach v. Board of Trustees of the City of Delray Beach Police Officers and Firefighters Retirement System. Brian Shutt, City Attorney, stated staff is seeking authority to file an appeal that was filed against the Police and Fire Pension Board in 2006. Mr. Shutt stated the City recently received an adverse ruling under summary judgment motion in November 2009 where the Court ruled in favor of the Police and Fire Pension Board. The Police and Fire Pension Board has directed their actuary to come back with some numbers and that data will not be back in time for a deadline for filing the notice of appeal because a notice of appeal must be filed by February 11, 2010. Mr. Shutt stated staff is still continuing on with some discussions with the Attorney far the Police & Fire Pension Board. formality. Mr. Eliopoulos asked if this is a formality. Mr. Shutt stated this is a The City Manager stated the City is preserving its rights. Mr. Eliopoulos asked if there is a cast associated with this. Mr. Shutt stated there is a filing fee cost but it will be very minimal. 27 02/02/10 Mr. Fetzer, Mrs. Gray, and Mr. Eliopoulos stated they support the City Attorney's suggestion. Mr. Eliopoulos moved to approve the authorization to file an appeal in the case of the City of Delray Beach v. Board of Trustees of the City of Delray Beach Police Officers' and Firefighters' Retirement System, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer --Yes; Mr. Frankel - No. Said motion passed with a 4 to 1 vote, Commissioner Frankel dissenting. 9.J. APPOINTMENT TO THE GREEN TASK FORCE: Appoint one (1} regular member to the Green Task Force to serve an unexpired term ending July 31, 2011. Based upon the rotation system, the appointment will be made by Mayor McDuffie {Seat #S). Mayor McDuffie stated he would like to defer his appointment to the regular meeting of February 16, 2010. 9.K. APPOINTMENT TO THE SITE PLAN REVIEW & APPEARANCE BOARD: Appoint one (1) regular member to the Site Plan Review & Appearance Board to serve an unexpired term ending August 31, 2010. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2}. Mr. Fetzer moved to appoint Svetlana Bogdanovic as a regular member to the Site Plan Review and Appearance Board to serve an unexpired term ending August 31, 2010, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -- Yes; Mr. Frankel -Yes; Mrs. Gray- Yes. Said motion passed with a 5 to 0 vote. At this paint, the time being 8:48 p.m., the Commission moved Item 11, Comments and Inquiries on Nan-Agenda Items from the City Manager and the Public. 1.1.A. Cit Mana er's res onse to rior ublic comments and in uiries. The City Manager stated at the last meeting Mr. Halberg expressed concern about the trees being removed and the unpermitted structure erected within the five foot setback of the property along East Atlantic Avenue. The City Manager stated today the Planning and Zoning Board received a site plan modification application from the owner to permit this structure. He stated this will require a waiver from the City Commission and will come before the Commission at a later date. 1LB. From the Public. 11.B.1. Al Hincken 775 N.W. 32nd Avenue Delra Beach FL 33445 stated he moved to Delray Beach because of the very strong volunteers here that make this town what it is. Mr. Hincken stated as everyone is working they da not really see the 28 02/02/10 volunteers out there. In his opinion, Mr. Hincken stated not renewing Marjorie Ferrer's contract has caused a blemish on our city. He stated Mrs. Fezxer has met the City's core beliefs {i.e. service, performance, integrity, responsible, innovative, teamwork). Mr. Hincken stated without Marjorie Ferrer it will be a major loss for this city and he does not feel the city can fiIl this void if her contract is not renewed. Mayor McDuffie stated Delray Beach has about two-thirds as many volunteers as full-time employees in the city. He stated the volunteers play a huge part of what we do in this community and we are cognizant of what the volunteers bring to the City of Delray Beach. Mayor McDuffie stated we could not run this community without the volunteers that we have. 11.B.2. Alice Frost 707 Place Tavant Delra_ Beach FL 33,,._ _ ~ _ y , ,,.445, stated somehow the comments from the public got moved to the last item on the agenda and usually they follow immediately after the public hearings. She stated some communities have their public comments at the beginning of the meeting which is goad for the public because then they do not have to sit through the entire meeting. Mrs. First suggested that the Commission consider this change or have an additional comment section time other than at the very end of the meeting. Secondly, Mrs. First stated some communities that she has been to that have outdoor seating at the restaurants have pegs or markers in the sidewalk and that is as far as they can go. She stated this maybe helpful here so that the public, the owners, and the people who are doing the enforcement will know exactly where the stopping and starting point is. Mrs. First stated part of the problem with the five feet is that sometimes the five feet seems to end up in the middle of the trees or the trees seem to end up in the middle of the five feet so you have a smaller walking area. She urged the Commission to consider the markers then there will he no question as to where the Tine actually is. 12. FIRST READINGS: A. None At this point, the time being 5:55 p.m., the Commission moved to Item 13, Comments and Inquiries on Non-Agenda itezas from the City Manager, City Attorney, and the City Commission. 13. COMMENTS AND IN UIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated at the last meeting Mayor McDuffie commented about the preparation for any possible influx of people from Haiti. The County Emergency Management people have been looking at this and the City of Delray Beach is staying in communication with them and has looked at various scenarios and had one briefing about it. The City Manager stated the City will continue to work with the County on dealing with that issue. 29 o2ia2~ l o Secondly, the City Manager stated staff had previously indicated on the trolley RFP that we would bring it back this evening. He stated when he received the RFP last week to go on the agenda it was not suitable and therefore sent it back to staff. The City Manager stated he hopes to have this far the next meeting. The City Manager stated there was a vacancy on the Palm Beach County League of Cities Board and Matt Willingham from Wellington was appointed to fill that vacancy; fudge Edward Rodgers was chosen to fill the municipal appointment on the Ethics Commission (former City Council member of Riviera Beach at one time). The City Manager stated Steve Waldman from Boynton Beach was reappointed to the Advisory Boundary Committee and Fred Pinto from Royal Palm Beach was also appointed. The City Manager stated he understands from the League's Attorney there is a summary judgment hearing coming up on Senate Bill 360 and there were ultimately 20 cities that joined in that lawsuit. He stated the City of Delray Beach should hear something fairly soon on the legal status of that. The City Manager stated the original sponsor of the Legislation is intending to bring a "glitch bill" forward to clarify the issues that have been raised about it. Lastly, the City Manager stated he understands the concern that some people have about the double dipping issue; however, looking at it from the other side Chief Koen's case and Chief Overman's case they retired in one community but were not ready to stop working in their profession. Therefore, the City Manager stated they have to go to another community to continue and sometimes they are very valuable people and if you want to keep them it seems to him that it makes sense to do that. However, the City Manager stated you have to be careful and use good judgment. The City Manager stated if Chief Schroeder had stayed beyond the 30 years he would have had to retire out of the system but at one point he talked about wanting to stay on as Police Chiel: The City Manager stated should the City of forced him out at that point or allowed him to continue for a few more years in that position? The City Manager stated Chief Schroeder went on to the Palm Beach State College so the City did not have to deal with the issue. The City Manager stated he wanted to give the Commission a different perspective and noted this is a difficult issue to deal with. 13.B. City Attorney The City Attorney had no comments or inquiries onnon-agenda items. 13,C. C~_Commission 13.C.1. Mr. Frankel Mr. Frankel recognized Lieutenant Tabeek for his picture in the Atlantic Avenue Magazine. 30 02ro2~1 a Secondly, Mr. Frankel stated Destination Delray did an unbelievable job as a Conunission and a lot of City staff participated in the many events such as going to the hospital. He stated the pediatric units at Bethesda and Boca West was great. Mr. Frankel stated many residents and visitors gat to meet football players and participate in activities. Secondly, he stated it was a great Palm Beach County League of Cities luncheon at BB King's this past week. Lastly, Mr. Frankel stated he will be in Jacksonville next Tuesday and will not be at the Workshop meeting. He stated he will be taking a test on Wednesday {gait two) of his certification to become a Certified Pension Trustee. ~, 13.C.2. Mrs. 'Gran Mrs. Gray thanked Destination Delray for the great job they did at {old School Square, the tailgate party on A-1-A, and Crane's Beach House. She stated the activities were wonderful. Mrs. Gray also thanked Tavarius "TJ" Jackson {KI'E Sports) and his partner Tony Villani, and Atlantic High School Principal Dr. Kathy Weigel and her staff because on Friday evening the Knights of Pythagoras {a rnentaring group at Atlantic High School) was invited to bring these underprivileged children to meet NFL players at Crane's Beach House. Mrs. Gray stated she mentors this group every Tuesday and they are very thankful for the opportunity. Mrs. Gray stated the League of Cities meeting was very informative. 11r1rs. Gray commented about a proclamation for A11 People's Day. Lastly, Mrs. Gray stated Mr. Jackson talked to her about needing some temporary office space. She stated the Community Redevelopment Agency {CRA) has some space on Atlantic Avenue and suggested that the City talk to them about office space and bringing their rnentoring group there. 1.3.C.3. Mr. Eliopvulos Mr. Eliopoulos stated it was a great celebration for the Pro-Bowl, Secondly, he asked the City Manager for an update at the next regular meeting on Waste Management. The City Manager stated Rich Reade and Mr. MaeNamee have agreed that a letter will be sent to Waste Management this week and Mr, Reade plans to meet with Waste Management next week. The City Manager stated his understanding is that the Financial Review Board has asked that they be given an opportunity to finish their work to see what they come up with. 31 02/02/ 10 Lastly, Mr. Eliopaulas asked for afollow-up as to what is going on with the soccer complex with XPE sports regarding the Astroturf. He asked that this be discussed at the Vt~orkshop meeting. 13.C.4. Mr. Fetzer 11~Ir. Fetzer stated he met with several City staff members and several people who have been working on the Beach Master Plan and they do have a written draft of the report. He stated Linda Karch, Director of Parks and Recreation, has copies of the report if the rest of the Commission is interested in obtaining a copy. Mr. Fetzer stated they are going to have afollow-up meeting an March 18, 2010 at Northern Trust Bank at 7:00 p.m. to try to get input from as many people as possible that participated in the Charrette. Secondly, Mr. Fetzer stated for their first project, Destination Delray had major success and he feels this organization will be great to help promote tourism here. Mr. Eliopoulos commented about Destination Delray can help advertise and. help promote tourism. 13.C.5. Mayor McUufCe Mayor McDuffie stated all-in-all the Pro-Bowl tailgate party and events were a great success and commented that the library fundraiser was going on at the same time. Secondly, Mayor McDuffie stated he is on the Board for the Sandoway House and was asked about eliminating wheel stops. He stated there was an incident at the Sandoway House where an individual tripped and fell and was seriously injured. Mayor McDuffie stated the parking lot is dark and suggested that the lighting be addressed. Mayor McDuffie stated he has been working with the Palm Beach County League of Cities on its Lobbyist Registration through the County and coming up with a piggyback agreement so that this could be done here in Dekay. He stated it appears that the Committee is falling apart and if the Commission does not mind he would like to ga directly to the County and does not think it will cast anymore to get ourselves put on than it would through the League of Cities. He stated the Ethics Commission is meeting on February 15, 2010 and the Inspector General is going to be seated an May 1, 2010. Mayor McDuffie stated the Commission can wait far a referendum or early adopt that. Mayor McDuffie stated we need to be able to have something in our community that says these people are registered as lobbyists in the City of Delray Beach. He stated he will pursue this issue and bring back to the Commission. 32 o2~o2rlo r Lastly, Mayor McDuffie stated this past weekend was a great weekend to be in Delray Beach. He credited the Downtown Marketing Cooperative (DMC) for the great job they did on Thursday evening. Mayor McDuffie stated Destination Delray and ` the Downtown Marketing Cooperative did a great job with the Pro-Bowl festivities. There being no further business, Mayor McDuffie declared the meeting adjourned at 9:15 p.m. C~J~. ~. \v v~s~.N City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on February 2, 2010, which Minutes were formally approved and adopted 6y the City Commission on February 16, 2010. ~. \v City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 33 02/02/10 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR WALMART ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 'I. The waiver request came before the Gity Commission on February 2, 20 ~ 0. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request'for Walmart. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Pursuant to CDR Section 4.6.9 (D)(4}(b), which requires wheel stops to be provided for all parking spaces other than parallel. The waiver request is to allow an alternate (concrete bollards) to wheel stops in all 22 handicap accessible spaces. Pursuant to bDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body steal! make a finding that the granting 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 grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Does the waiver to Section 4.6.9 (D}(4}(b) to allow concrete bollards in the 22 handicap accessible spaces instead of wheel stops meet all the requirements of 2.4.7(6}(5)? Yes ~ No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was 1 City Commission Meeting from February 2, 20x0 Meeting; Item 9.A. submitted and finds that Its determinations set forth in this order are consistent with the Comprehensive Plan. 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 not 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 ~ denies the waiver request to LDR Sections 4.6.9~D}~4}{b}. 8. Based on the entire record before it, the City Commission hereby adopts this Order this 2"d day of i=ebruary, 200, by a vote of 3 in favor and 2 Chevelfe Nubin, City Clerk 2 City Commission Meeting from February 2, 2010 Meeting; Item 9.A. ~~, IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA REQUEST FOR ARCHITECTURAL ELEVATION CHANGES FOR PNC BANK ORDER OF THE CITY COMMISSION OF THE CITY OF OELRAY BEACH, FLORIDA 1. This request came before the City Commission an February 2, 20'10. 2. 'I'he Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the request for PNC BANK. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. i. REQUEST FOR ARGHITECTURAL ELEVATION GRANGES: Pursuant to LDR Section 4.6.18 (B)(13}(b3, "The Site Plan Review and Appearance Board shall make a finding of such compatibility prior to approval of outbuilding elevations. !f the Board determines that there is not compatibility with respect to any of the items, then it shall deny the elevations. However, if the Board feels, despite incompatibility, the elevations should be approved they shall forward the elevations to the City Commission with a recommendation of approval and the City Commission shall take a final action." Should the finding of the Site Plan Review and Appearance Board be approved? Yes / Na 3. The City Commission has appiied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 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 not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 1 City Commission Meeting from. February 2, 2UI0; Item 9.8. r 5. Based on the entire record before it, the City Commission approves / denies the request to LDR Sections 4.6.18 (B)(~3)~b}, 6. Based on the entire record before it, the City Commission hereby adopts this Order this 2"~ day of February, 2Q'# 0, by a vote of 5 fa or and Q opposed. ATTEST: '_L-~~ Cheveiie Nubin, City Clerk Neison S. McDuffie, 2 City Comnzission Meeting from February 2, 20I0, Item 9.5. ~. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR THE ESTABLISHMENT OF AN OUTDOOR AMPHITHEATER AT THE S.D. SPADY MUSEUM AND CULTURAL ARTS COMPLEX AT 154-'170 NW 5T" AVENUE, WEST SETTLERS HISTORIC DISTRICT. ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ~ . This conditional use request has come before the City Commission on February 2, 2010. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request far the S.D. 5pady Museum and Cultural Arts Complex. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II. 1. COMPREHENSIVE PLAN a. Comprehensive Pian -Future Land Use _and Map; 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? Yes ~ No b. Concurrer~cy: Concurrency as defened pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made #hat the public facility needs of the requested land use andlor development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements fior the following areas: Are the concurrency requirements met as respect to water, sewer, draie~age, streets and traffic, parrs, open space, solid waste and schools? Yes / No Citg Co~rsmissiari Meeting from Ir'ehruar~rJ ,2, 2010 Meeting: Item 9.C. Il. hDR REQUIREMENTS: III. L,DR Section 2.4.5iE] Required ~'indins~s: (Conditional Use]: Pursuant to Section 2.~.5(E)(5), in addition to provisions of Chapter 3, the conditionai use will not: i. Have a significantly detrimen#al effect upon the stability of the neighborhood within which it will be located; ii. Nar that it will hinder development or redevelopment of nearby properties. Will Section 2.4.5(E}(5) be met subject to the attached conditions? Yes / No ~. 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. 5. 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 not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves / denies the conditional use request subject to conditions of approval attached hereto. The City Commission hereby adopts this Order this d da of February 20~ 0, by a vote of 5 in favor and 0 o pose • ; • ' Nelson S. McDuffie, r ATTEST: ,.. Chevelle Nubin City Clerk CitJ Cammigs$on Meeting ~m Ii'ebruar~ 2, ,20x0 Meeting: Item 9.C. CONDITIONS OF APRROVAL FOR THE ESTABLISHMENT OF AN OUTdOOR 1. That EPOCH receive written permission from St. Paul's for use of its parking facility for any particular event, or that other arrangements acceptable to the City are made; 2 That the amphitheater is not used if the parking arrangement with St. Paul's is terminated unless other parking arrangements are made which are acceptable to the City; 3. That EPOCH obtain City approval for any event at which mare than fifty (50} attendees are expected; 4. That no more than three daytime and two nighttime events are held weekly. 5. That the hours of operation on Fridays and Saturdays not extend beyond 91:00 pm and 10:Oa pm on all other days; 6. `That EPOCH apply to the City for a specie! permit for any event where the amphitheater is to be rented to a third party, including approval of any amplified sound at the event. 7. That amplified sound be otherwise permitted only at Kids Cultural Club and EPOCH events, City Commiss~iors Meeting from ~'ebrr~rary 2, 2010 Meetiriy: Item 9.C. ,~ IN THE CITY' COMMTSSiON CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR GUT 432 ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver request came before- the City Commission on February 2, 2810. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for GUT 432. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection 1. 1. WAIVER: Pursuant to LDR Section 4.1.13 (F}(4)(a)(2}, "Front Setbacks", a five foot (5') setback is required for buildings with nonresidential uses on the ground floor within the GBD zoning district Since the covered area is anchored to the ground rather than cantilevered like an awning, it is considered a structure which must meet the setback requirements. 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 significantly 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 for another applicant or owner. Does the waiver to Section 4.4.13 (F)(4)(a)(2) to allow a zero foot (0') setback meet all the requirements of 2.4.7(B)(~)? Yes / No 1 Ciitg~ CommYgszon Meetissbr from February 2, 2U10; Items 9.D. .y ' 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that i#s determinations set forth in this Order are consistent with the Comprehensive Plan. 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 not limited to the sfiaff reports, testimony of experts and other competent witnesses supporting these Endings. 5. Based on the entire record before it, the City Commission approves f denies the waiver request to LDR Sections 4.4.14{F}{4}{a){2}. fi. Based on the entire record before it, the City Commission hereby adopts this Order this 2"~ day of February, 2010, by a vote of 5,~ in far{or and _ 4 -• ---, - 2 Nelson 5. McDufFie, City Comntissio;'e Meeting from FeB~xsary 2, ,20I D; Item 9.D. 1 y i IN THE CITY COMMISSION CHAMBERS OF THE CITY OF i]ELRAY BEACH, FLORIDA CONDITIONAL. USE REQUEST FOR H&M AUTO BODY, INC, OR13ER OF THE CITY COI1rIMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request for H&M Auto Body, Inc., an auto paint and body shop to be located on the South Side of SW 1Ot~' Street, approximately 480 feet west of SW 10~` Avenue {1160 SW 1O~h Street, Bay "I"j has come before the City Commission on February 2, 2010. 2. The Applicant and city staff presented documentary evidence and testimony to the City Cammissian pertaining to the conditional use modification request for H & M Auto Body, Inc. Ali of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II. I. COMPREHENSIVE PLAN a. Cam rehensive Plan - Fu#ure 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? Yes No / . b. Cvncurrenc Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Gomprehensive Plan must tae met and a determination made that the public facility needs of the requested land use andlor development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: C~[~ fomntission ~f~feeling from 1'ebruar~ 2, 20 ~0; Irem 9.F L5 Are the conce~rrency requirements met, subject to the attached conditions, as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes No / il. LDR REQUIREMENTS: LDR Sec ion 2.4.5E Re uired ~Indin s: 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 located; ii. Hinder development or redevelopment of nearby properties. Will the requirements of LDR Section 2.4.5(E}.and Chapter 3 be triet, subject to the attached Condition(s)? Yes 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 de#erminations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 5. 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 not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. ~ G~iy Commission [ffectil~ from rebi•unr~ 2, 20I0; Item 9.L'. ................. __ - .~ ,• fi. Based on the entire record before it, the City Commission approves denies d the conditional use request and hereby adopts this Order this 2nd day of i=ebruary, 2Q'i0, by ~ vote of 5 in favor~and Q apposed ~~ C~ Nelson . McDuffe, Maya ATTEST: Cheveiie Nubin City Cierk ~ Ci[~ Coi-ria~ssiort Afee[ing from Pebruar~ 2, 20IU; Item 9.E. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR PUTT`N AROUND DELRAY BEACH ORDER OF THE CITY COMMISSION OF 'i'HE CITY OF DELI~AY BEACH, FLORIDA 1. This conditional use request for Putt'n Around Delray Beach, a proposed 36-hole miniature golf course located on the west side of NE 5t~` Avenue, between NE 3r~ Street and NE 4t~' Street (350 and 362 NE 5'h Avenues has come before the City Commission on February 2, 2010. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use modification request for Putt'n Around Delray Beach. All of the evidence is a part of the record in this ease. Required findings are made in accordance with Subsections I and II. 1. COMPREHENSIVE PLAN a. Corn rel7enslve 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 snit, topographic, and other applicable physical considerations, complementary to adjacent land uses, and fulfills remaining land use needs, subject to the atkached conditions? Yes J No b. Concurrence: Concurrency as det'tned 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 andlor development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: City Cor~amissio~a Meetirty ~irom February ,2, 20I D; Itefn 9.F. Are the concurrency requirements met, subject to the attached conditions, as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes / No Il. LDR REQUIREMENTS: LaR Section 2.4.5(E),,,Reaulred Findin„gs:,,,,(Gonditional 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 iocated; ii. Hinder development or redevelopment of nearby properties. Will the requirements of LDR Section 2.4.5(E) and Chapter 3 be met, subject to the attached conditions}? Yes / No 3. The comments and Hates 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 City Commission finds there is ample and competent substantial evidence to support its Endings in the record submitted and adapts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. City Commission Meting from Feriris~rry 2, 201' O; Item 9.I: 6. Based on the entire record before it, the City Commission approves / denies the conditional use request subject to conditions attached hereto and hereby adopts this Order this 2nd day of February, 20~D, by a vote of ~ ~~ in favor and D opposed. ATTEST: Cheveiie Nubia City Cieric McDuffie, City Contmissioxt M~etixefl from Febrxsaru 2, .2010; Itexxs 9.F. s Conditions Related #o putt'n Around Condifional Use 1. Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan and addresses the "Exhibit A -Technical I#ems" attached in the staff report. 2. That the dumpster enclosure gates be lucked when not in use. 3. That a closed circuit television be installed and monitored, City Commi88s0)a M~,etiny from I{'ebru[xrar 2, 2010; ItemJ.T+. ~, a .a IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST RELATING TO A TEMPORARY USE PERMIT FOR AN ARTS MART TO BE LOCATED AT 113 AND 115 NE 4~" AVENUE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This waiver request to allow a temporary use permit for an Arts Mart at 113 and 915 NE 4t~' Avenue came befiore the City Commission on February 2, 2010. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the temporary use permit. All of the evidence is a part of the record in this case. Required fndings are made in accordance with Subsections I. I. WAIVER TO ALLOW A TEMPORARY USE PERMIT FOR AN ARTS MART TO BE LOCATED AT 113 AND 115 NE 4~" AVENUE: LDR Section 2.4.6{F} provides of a list of a111owable temporary uses. The Applicant is requesting a waiver to Section 2.4.$(F} to permit the use of Arts Mart to be located at 113 and 115 NE 4~~' Avenue. 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} Shat! 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 grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Does the waiver request subject to the conditions a#tached in Exhibit "A" meet all floe requirements of 2.4.7(B}(5}? Yes ~ No City Commission tlleeting from February 2, 2010; Item 9.G. a 3. "i"he City Commission has applied the Gomprehensive Pian and [_DR requirements in existence ak the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Pian. 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 not 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 / denies the waiver request to I_DR Section 2.4,6{F) subject to the conditions listed in Exhibit "A" attached hereto. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 2"~ day of February, 2010, by a vote of 4 in favor and 1 opposed. TTEST• C evelle Nubin, City Clerk __ ~~~ 07 Nelson S. McDuffie, 2 City CorrrrnissrorZ 1~Ieeting from Fe6rrrary 2, 2010; Item 9.G. Exhibit "A" Conditions Related to the Waiver Request to Aflow an Arts Mart at 113 and 11~ NE ~t~ Avenue 1. The Temporary Use Permit shelf expire 18 months from date of approval; ~. The ArtsMart must be operated in accordance with the attached applicant's description. Deviation from these requirements, without City Commission approval may result in revocation of the Temporary Use Permit. 3 City Commission tlleeting from February 2, 2010; Item 9.G. FORM $B MEMORANDUM OF VOTING CONFL~IGT FOR COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Elio auias Gar De ra e MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORi1Y OR COMMITTEE ON 2€15 GeDL a Bush $au].evard WHICH 15ERVE IS A UNIT 01=; COUNTY '~CnY ©COUNTY C30THER LOCAL AGENCY CITY t13 33r+/+4 Palm Beach r Beach a7C1 Drrlra ~ NAME OF YOLI7IGAL SUBDIVISION: ., , ~ , of Delrag Beach Cit DATE ON WHICH VOTE OCCURRE- y MY POSITION 15: 2~Zf 2(]10 ~] ELECTIVE Gl APPOINTIVE WHO MIDST FILE FORM 8B This form is for use by any person serving at the county, city, ar other local level of government on an appointed nr elected board, council, COmmiSSiOn, aufhaMy, or commitEee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes- Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective ar appointive position, For this reason, please pay close attention to the instructions on this form before comple#ing the reverse side and filing the farm. INSTRUCTIONS FOR CONtPLIANGE WITH SECTION 112.143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIiV tram voting on a measure which inures to his or her special private gain or loss. Each elected ar appointed focal officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency} by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the spacial private gain or loss of a business associate. Commissioners of communi#y redevelopment agencies under Sec. 163.355 or 163.357, F.S., and officers of independent special tax districts elected an a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brofher, sister, father-in-law, mother-in-taw, son-in-law, and daughter-in-law. A "business associate" means any person ar entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or varparate shareholder (where the shares of the corporation are not listed on any national or regional stack exchange}. .~ ~ ~ k ELECTED OFFICERS: In addition to absta[ning from voting in the situations described above, you must disclose the conflict: , PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and fling this form with the person responsible far recording the min- utes of the meeting, who should incorporate the farm in the minutes, APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in These matters. However, you must disclose the nature of the conflict before malting any a#empt to influence the decision, whether orally or in writing and whether made by you or at your direction. 1F YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MIwETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form {before making any attempt to influence the decision) with the person responsible for recording the minu#es of the meeting, who will incorporate the torn in the minutes. (Continued on other side) CE F(?RM 813 - EFF. 112(lUD It'.eriE S.A =Item 9.A.A. PAGE 1 APPflINTEC3 OFFICERS (continued) • A copy of the farm must be provided immediately fo the other members of fhe agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TQ INFLUENCI= THE DECISION EXCEPT BY DlSGUSSION ATTHE MEETING: • You must disclose orally the nature of your conflict in the measure before pariicipafing. • You must complete the form and file it within 15 days after the vats occurs with the person responsible for retarding the minutes of the meeting, who must incorporate the farm in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the fame must be read publicly at tho next meeting after the form is filed. ©ISCLQSURE OF LOCAL OFFICER'S INTEREST I Garq E. I31~.opoulos ,hereby disclose that on February 2 {a}' A measure came or will came before my ager-cy which {cheok ono) %% Inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the spacial gain ar loss of 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: I am. the airchi#=ect for the project, (Eliopoulos Archa.tect+ure, Itac.) 2/2/2010 I]ate Filed by whioh NDTICEr: UNDER PROVISIQNS OF FLORIDA STATUTES §192.3'i7, AFAILURE TO MAKE ANY REG2UIREl3 DISCLOSURE CONSTITUTES GROUNDS FOR ANI'7 MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL Oft SUSPENSION Fi~OM OFFICE Oft EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $TO,Ot30. za to cE FaRM ae - il=l=. ~~zooa PAGE 2 FORM SB ME11110RANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME--FIRST NAME-M€DDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AtTTNORI3Y, OR COMMITTEE )Gl,iopou~.os, Gary ~~ Cn~ission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 205 George Bush Bau3.evardl wHECH 15ERVE IS A UNIT OF: CITY COUNTY CITY ^ COUNTY >] OTHER LOCAL AGENCY Delray Beach, ~'~-0~7.-[~1 ~~~t4~4 ~a~.IR $tr$C)l1 NAME OF POLITICAL SU8n1VIS10N: ra Beach Of De] Cit y - y DATE ON WHICH VOTE OGCLIRRED MY Po51TION is: ` ~7 Z/~Q~.O $~7 ELECTIVE Q APPOINTIVE WHO MUST FILE FORIVI 8B This farm is for use by any person serving ak the county, city, or other local level of government on an appointed or elea#ed board, council, commission, authority, or commiitee. It appries equally to members of advisory and nnn-advisory bodies who are presented with a voting conflict of interest under Section 112.3'143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective ar appointive position. F'or this reason, please pay close a#tention to the instructions on this form before completing the reverse side and filing the form, INSTRUCTIONS FOR COMPLIANCE WITH SECTION 712.3'13, FL©RIDA STATUTES A person balding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 ar '163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited Pram voting in that capacity. For purposes of ibis law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in ar carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national ar regional stock exchange}, ELECTED OFFICERS: In addition to abstaining from voting in the situations doscrbed above, you must disclose the conflict: PR10R TO THE VOTE BEING TAKEN by publicly stating io the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes_ APPOINTED OFFICERS; Although you must abstain Pram voting in the situations described above, you otherwise may participate in these matters, However, you must disclose the nature of the conflict beforo making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. 1F YOU WTENp TO MAKE ANY ATTEMPT TO IIVFI_UENGETHE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE W1LL BE TA3CEN; • You must aamplete and file this farm (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate fhe form in the minutes. (Continued on other side) cE F©RtVI 813 - EFF. 112(?04 Item 9 . lr PAGE i APPOINTED OFFICERS (~ontinued~ • A copy of the form must be provided immediately to the other rnembers of the agency. • The farm must be read publicly at the next mee#ing after the #arm is filed. lF YOU MAKE NO ATTEMPT TD INFLUENCE THE DECISION EXCEPT SY DISCU5SlON AT THE MEETING: . . • You must disclose orally the nature at your conflict in the measure before participating. • You must complete the form and file it wi#hin 15 days after the vote aacurs with the person i•ssponsible for~recording the minutes of the meeting, who musk incorporate khe form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must bo read publicly at the next meeking afterthe form is filed. ©iSCL,OSURE OF LOCAL OFFICER`S INTEREST !, Ga. P. Ll.io orxlos ,hereby disclose thaE on February 2 , ,, .., ,. , 2D 1Q ' (a} A measure came ar will come before my agency which check one} inured to my special private gain or loss; ~, inured to the special gain or loss of my business associate, ___~, inured to the special gain or loss of my relative, , inured to the special gain or loss of,~ , by whom I am retained; or inured to the special gain or lass 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: I have an angoi~g pro.fessiorial„ business re3_at~.c7ztsTn~a~p with the e$xsting owne~e of t~xe property, _ 2I2620iD Dale Filed ag afore NOTICE: UNDER PRDV]SIONS DE I=LORIDA STATUTES §1'12.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CDNSTITUTES GROUNDS FOR AND MAY BE PUNISHED k3Y ONE OR MORE OF T}lE FOLLflW[NG: IM1aEAC}-IIVIENT, REMOVAL OR SUSPENSION FROM OFI=ICE OR EMPLOYMENT, DEMOTION, REDUCTION IN 5ALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $1U,0©t}, CE FORM 8B - EFF. 1!2000 PAGE 2