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07-06-10 Regular Meeting MinutesJULY 6, 2410 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, July 6, 2010. 1. -Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie 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 Rabbi Ira Brawer with Ayts Chaym Messianic Synagogue. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Eliopoulos requested that Item S.K., Initiation of Comprehensive Plan Amendment 2014-1 of the Consent Agenda be xx~oved to the Regular Agenda as Item 9.A.A. and Item S.Y.2, Award of Bids and Contracts, to Bring Construction of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A. Mrs. Gray requested that Item 8.Q., Amendment to the School Readiness Child Care Service A reement/Famil Central Inc. of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A.A. and Item 8.T,, Amendment No. 1 to the Interlocal Agreement Community Redevelopment A~encv Construction/Professional Services of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A.A.A. Mr. Frankel requested that Item B.C., Contract Closeout (Change Order o ,„ No. 14 /West Construction Inc. of the Consent Agenda be moved t the Regular Agenda as Item 9,A.A.A.A.A.A. 07/OG/10 __ _ Mr. Frankel moved to approve the Agenda as amended, 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. 5. APPROVAL OF MINUTES: Mr. Frankel moved to approve the Minutes of the Special/Workshop Meeting of June 8, 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. Mrs. Gray moved to approve the Minutes of the Regular Meeting of June 15, 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. 6. PROCLAMATIONS: A. None 7. PRESENTATIONS: A. None S. CONSENT AGENDA: City Manager Recommends Approval B.A. RESOLUTION NO. 34-10/LOCAL MITIGATION STRATEGY PLAN: Approve Resolution No. 34-10, thereby adapting the 2009 revised Palm Beach County Unified Local Mitigation Strategy Plan. B.B. RESOLUTION NO. 38-10/FLORIDA FISH AND WILDLIFE COMMISSION: Provide authorization for the City Manager to apply for a grant in the amount of $102,500.00 with the Florida Fish and Wildlife Commisslon for funding reconstruction of the Mangrove Park Boat Ramp. S.C. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A.A.A. 8.D. ACCOUNT NUMBER CORRECTION/SERVICE AUTHORIZATION NO. 07-16/MATHEWS CONSULTING INC.: AUBURN AVENUE IMPROVEMENTS: Approve an account number correction for Service Authorization No. 07-16 to Mathews Consulting, Inc. in the amount of $113,244.00 far design of Auburn Avenue Improvements. Funding is available from 334-3162-541- 68.65 {General Construction Fund: Other Improvement/Auburn Avenue Improvement) and 448-5461-538-68.65 (Storm Water Utility Fund: Other Improvement/Auburn Avenue Improvements). 2 07/06/10 S.E. SERVICE AUTHORIZATION NO. 07-04.2/KIMLEY-HORN AND ASSOCIATES, INC.; CULTURAL LOOP/MARTIN LUTHER KING DRIVE BIDDING AND CONSTRUCTION SERVICES: Approve Service Authorization No. 07-04.2 in the amount of $11,800.00 with Kirnley-Horn and Associates, Inc. for the Landscape, Electrical and Construction Administration and Bidding Services of the Cultural Loop/Martin Luther King Drive Project #2004-056. Funding is available from 334-4141-572-68.57 (General Construction Fund: Other Improvernent/Cultural Loop/MLK Drive Phase I}. S.F. REQUEST TO REDUCE VALET QUEUEICAFFE LUNA ROSA: Approve a request from Caffe Luna Rosa to reduce the operating "'o""_..._. h urs of its Valet Parking Queue to start at 11:00 a.m. on weekdays, 10:00 a.m. on Saturdays and 9:00 a.m. on Sundays. S.G. ABANDONMENT OF AN UTIILITY EASEMENT AND A DRAINAGE EASEMENT: DELAIRE COUNTRY CLUB: Approve abandonment of an existing 10' x 345' utility easement, and a 12' x 297' drainage easement in conjunction with renovations to the Delaire Country Club's club house located at 4645 White Cedar Lane. S.H. ACCEPTANCE OF A DRAINAGE EASEMENT DEED/DELAIRE COUNTRY CLUB: Approve acceptance of a 12' x 297' replacement drainage easement in conjunction with the renovations to the Delaire Country Club's club house located at 4645 White Cedar Lane. S_h INITIATION OF ANNEXATION/THE MARKETPLACE OF DELRAY: Approve the initiation of annexation via the provisions of the executed water service agreement and consent to annexation, with initial zoning of PC {Planned Commercial). for The Marketplace of Delray, located at the northwest corner of Military Trail and West Atlantic Avenue. 8~J. INITIATION OF _ANNEXATION/LOTS 5 - 7, BREEZY,.,ACRES: Approve initiation of the annexation via the provisions of executed water service agreements and consent to annexation, with initial zoning of R-1-AAA (Single Family Residential) of Lots 5-7, Breezy Acres, located on the east side of Markland Lane, 491 feet south of West Atlantic Avenue. S.K. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. S.L. ACCEPTANCE OF A RIGHT-OF-WAY DEEDIMETS __ NAGEMENT OF PALM BEAC,,,,~ H, INC.: Approve acceptance of a 2' right-of--way deed with Mets Management of Palm Beach, Inc., associated with the Cafe Mola located on the east side of N.E. 2nd Avenue, at 165 N.E. 2nd Avenue. 3 07/06/10 8.M. REVISION TO THE NEIGHBORHOOD STABILIZATION PROGRAM (NSP) PLANIFLORIDA DEPARTMENT OF COIVIMI]NITY AFFAIRS: Approve a Revision to the Neighborhood Stabilization Program Plan to reallocate budgeted funds to assist with the obligation of program dollars at .the request of Florida Department of Community Affairs; and approve a revision to the NSP Housing Assistance Plan Chapter III Subsection 2.11, "Change Orders". S.N. GRANT APPLICATIONIFLORIDA DEPARTMENT OF CONIM[1NITY AFFAIRS/NEIGHBORHOOD STABILIZATION PROGRAM ~N_SP): Authorize staff to submit a grant application through the Florida Department of Community Affairs for additional funding for the Neighborhood Stabilization Program (NSP) to purchase foreclosed or abandoned homes for rehabilitation, resale and redevelopment. S.O. RESOLUTION NO. 35-10/AMENDMENT TO LOCAL HOUSING ASSISTANCE PLAN (CHAP): Approve and adopt Resolution No. 35-10, an amendment to City's State Housing Initiatives Partnership (SHIP) Program, Local Housing Assistance Plan (CHAP) far Fiscal Years 2010-2013. $.P. MULTIPLE BID AWARDS/NEIGHBORHOOD STABILIZATION PROGRAM SP /RENTAL AND HOMEBUYER DISPOSITION SERVICES PROVH)ER(S) PER RFP 12-20NS: Approve multiple bid awards for Rental and Homebuyer Disposition Services fox the Neighborhood Stabilization Program with regard to RFQ 12-2010NS to carry out activities under the Neighborhood Stabilization Program (NSP), contingent on the list being approved by the Florida Department of Community Affairs. Funding is available from 118-1935-554-34.90 (Neighborhood Services/Other Contractual Services). 8.Q THIS ITEM HAS SEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A. S.R. AMENDMENT TO THE CONTINUE-TO-CARE AFTERSCHOOL SERVICE AGREEMENT/FAMILY CENTRAL INC.: Approve an Amendment to the Continue~to-Care Afterschoal Service Agreement between Family Central Inc., and the City of Delray Beach to remove Pine Grove Elementary School as a subsidized location. S.S. AMENDMENT NO. 2 TO THE AGREEMENTIMAE VOLEN SENIOR CENTER. ,INC.: Approve Amendment No. 2 to the Agreement with Mae Volen Senior Center, Inc. to extend the contract term for operation of the Alzheimer's Day Care facility for an additional three (3) years. S.T. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A.A. 4 07/06/10 8.U. INTERLOCAL AGREEMENT: BOCA RATONICITY OF BOYNTON BEACH/CITY OF DELRAY BEACH: Approve an Interlocal Agreement between the City of Boca Raton, City of Boynton Beach and the City of Delray Beach to allow the parkies to pre-screen their DNA sample evidence in a shared Biology Processing Lab (BPL}. S.V. AGREEMENT: COMMAND SECURITY CORPORATION: Approve an agreement with Command Security Corporation to provide complete administration for all the non-City sponsored Police off-duty details and receive a portion of the payment for the details from the outside vendors. 8.W. SPECIAL EVENT REQUEST/5PADY LNING HERITAGE DAY: Approve a special event request to endorse the 5 Annual Spady Heritage D ay to be held on August 21, 2010 from noon to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of N.W. 5th Avenue from Atlantic Avenue to N.W. 1St Street and S.W. 5~' Avenue from Atlantic Avenue to S. W. 1St Street; to authorize staff support for security, clean up, barricading, City generator use, set up and use of the large mobile stage; and event signage and banners; contingent upon the receipt of a Certificate of Liability Insurance and a hold harmless agreement ten (10} days prior to the event. S.X. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period June 14, 2010 through July 2, 2010. B.Y. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Brang Construction, Inc. in the amount of $79,960.00 for construction of phase II improvements to the Fire Apparatus Repair Bay Facility. Funding is available from 501- 3312-591-62.10 (Garage Fund: Capital Outlay - Building/Building). 2. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. 3. Contract award to Rosso Paving & Drainage, Inc, in the amount of $66,397.40 for the construction of new sidewalks along S.W. 7~' Street and S.W. 10th Street. Funding is available from 118-1965- 554-63.11 (Neighborhood Services: Improvements- Other/Bikepaths/Sidewalks). 4. Bid award to Rosso Paving & Drainage, Inc. in the amount of $58,996.00 for the construction of Dixie US-1 Connector (N.E. 22"d Lane). Funding is available from 334-3162-541-63.83 (General Construction Fund: Improvements Other than Buildings/Dixie Highway - US 1 Connector). 5 07/06/10 5. Purchase award to East Coast Underwater Repair, Tnc. in the amount of $26,560.00 fox the installation of five (5) additional Tideflex Check Valves. Funding is available from 448-5416-538- 46.90 (Storm Water Utility Fund: Repair and Maintenance ServicelOther Repair/Maintenance Cost). 6. Purchase award to Pat's Pump & Blower in the amount of $179,250.00 fora 2010 Allianz Johnston RT655 Street Sweeper. Funding is available from 448-5461-538-64.20 (Storm Water Utility Fund: Machinery /Equipment/Heavy Equipment). Mr. Eliopoulos moved to approve the Consent Agenda as amended, 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. 9. REGULAR AGENDA: 9.A.A. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2(110- 1: Formally initiate Comprehensive Plan Amendment 2010-1 pursuant to Section 9.2.1 of the Land Development Regulations. from the dais. Commissioner Eliopoulos declared a conflict of interest and stepped down Paul Dorling, ATOP, Director of Planning and Zoning, stated the initiation of the first Comprehensive Plan 2010-1 includes two (2) City-initiated Future Land Use Map amendments, nineteen (19) City-initiated test amendments, one (1) privately- initiated land use amendment, and one (1) privately-initiated test amendment. Mr. Dorling stated the summary of the specifics are outlined in the report. Mayor McDuffie stated this is a Comprehensive Plan Amendment and if Amendment 4 to the Constitution passes this November, City governments, County governments (all local governments) will no longer be able to make a change like this and it will go to a general election where everyone will vote on this. The City Manager stated each item would have to be voted on individually. Mr. Frankel moved to approve Item 9.A.A. (formerly Item 8.K.}, seconded by Mrs. Gray. Upon rail call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Frankel --Yes; Mrs. Gray -Yes; Mayor McDuffe -Yes. Said motion passed with a 4 to 0 vote. At this point, Commissioner Eliopoulos returned Co the dais. 6 07/06/10 9.A.A.A. AWARD OF BIDS AND CONTRACTS: Contract award to Brang Construction, Inc. in the amount of $9,488.79 for completion of required modifications to the proposed x-ray room for the City's health & wellness center. Funding is available from 551-1577-591-46.10 (Insurance fund: Repair and Maintenance Services/Building Maintenance). Richard Hasko, Director of Environmental Services, stated this is a request for approval of a contract with Brang Construction in the amount of $9,488.79. Mr. Hasko stated the City had an original contract award based on a low quote and the contractor was unavailable to perform portions of the work satisfactorily. Mr. Hasko stated after several attempts staff felt the need because of the time element to get the City's Health and Wellness Center open for business. Staff needed to bring in another contractor because problems arose with the original contractor's inability on the job site to get the door installed for the X-ray room. Staff received quotes from Brang Construction, Inc. who is the second bidder on the project to come in and complete the work. Mr. Hasko stated at the time staff assumed that they were going to be able to negotiate a settlement with the original contractor to make up the difference in this price. In the course of meeting with the original contractor and the City Attorney, staff discovered there was a lack of documentation as far as detail specifications, drawings, and the contxact agreements with the original contractor would be challenged. Mr. Hasko stated this contract with Brang Construction, Inc. made the entire cost over the $15,000.00 threshold and thus, must be approved by the City Commission. Mr. Eliopoulos expressed concern over this and wants to see this done through the proper procedures. Mr. Hasko stated the scope of the contractor's work included required modifications to the X-ray room involving installation of lead lined dry wall; lead lined doox and frame, new VCT flooring and a lead lined interior wall with viewing window. Other interior work including electrical modifications and painting of the entire suite were accomplished by City staff in order to minimize the costs of the renovation project. Mr. Eliopoulos moved to approve Item 9.A.A.A. (formerly Item 8.Y.2.), 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. 9.A.A.A.A. AMENDMENT TO THE SCHOOL READINESS CHILD CARE SERVICE AGREEMENTIFAMILY CENTRAL INC.: Approve an Amendment to the School Readiness Child Care Service Agreement between the City and Family Central, Inc., to remove Pine Grave Elementary School as a subsidized location. Linda Karch, Director of Parks and Recreation, stated this item is to approve an amendment to the School Readiness Child Care Service Agreement between the City of Delray Beach and Family Central, Inc. to remove Pine Grove Elementary School as a subsidized location. Ms. Karch stated Pine Grove Elementary School is no longer going to be participating in the City's After School Program or the Summer Day 7 07/06/10 Camp Pxogram this year and this amendment is to remove them from part of the agreement. Mrs. Gray asked if this is uncommon fox a school to remove themselves or no longer want to be a part of the City's program. Ms, Karch stated staff has been in discussions with the Principal of Pine Grove Elementary School and the Chief Facilities Director for approximately one year. Dr. Campbell was interested in starting her own program and she felt by the City being in there she was not able to do this. Mrs. Gray asked if this will hurt the City's subsidies. Ms. Karch stated the only way it would hurt the City is if we had less children attending our program. Ms. Karch stated the City is increasing the number of participants that are allowed to go to Pompey Park (from 100 to 120} and if we fill all of the slots we should receive the same amount as we were receiving previously. Mrs. Gray stated if the City does not fill the slots would Village Acadeix~y be a school to consider. Ms. Karch stated she believes that is a passibility and staff has not given up on looking fox another alternate site in a different area of the city. Mr. Frankel moved to approve Item 9.A.A.A.A. (formerly Item 8.Q.), 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. .A.A.A.A. AMENDMENT NO. 1 T..,., O TAE INTERLOCAL AGREEMENT; CONIM[)NITY REDEVELOPMENT AGENCY• N TRUCTION/PROFESSI,,. ONAL SERVICES: Approve Amendment No. 1 to the lnterlocal Agreement between the City and the Community Redevelopment Agency (CRA) for funding constructionlprofessional services fox certain projects as listed on Exhibit "A" attached to the Agreement for FY 200912010. Brian Shutt, City Attorney, stated this is an amendment to the lntexlocal Agreement that the City has with the Community Redevelopment Agency (CRA) dated September 30, 2009 for the funding of construction costs and professional services for certain projects as listed in his memo as far as the change in funding that will take place. Mrs. Gray stated the Southwest Avenue Beautification Design (S.W. 12~' Beautification Project} which increased from $150,000.00 to $245,000.00 expressed concern over the increase of $90,000.00 far that project. Diane Colonna Executive Director of the CRA stated the area that is being designed expanded. Ms. Colonna stated originally the CRA was just doing the design for the ,first three blocks south of Atlantic Avenue and this got extended to include other areas. Ms. Colonna stated it is a combination of County and City funding to do the improvements and the CRA is contributing additional dollars for the design. Mrs. Gray asked how long the construction portion of the S.W. 2"d Street beautification is going to be delayed. Ms. Colonna stated the CRA plans on including it in this year's budget; it did not get to the construction phase at this point. Mrs. Gray asked if this is part of the Cultural Loop. Ms. Colonna stated this is much more than just the Cultural Loop and explained that this goes from S.W. 2n~ Street, going north of Swinton Avenue all the way 8 07/06/10 to the west end. Mr. Frankel moved to approve Item 9.A.A.A.A.A. (formerly Item 8.T.), 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 5 to 0 vote. 9.A.A.A.A.A.A. CONTRACT CLOSEOUT CHANGE ORDER NO. 10)/WEST CONSTRUCTION, INC.: Approve a Contract Closeout (C.O. No. 10) in the amount of a $14,767.04 decrease and final payment in the amount of $176,510.20 to West Construction, Inc. for completion of the Miller Park Improvements. Funding is available from 334-4173-572-63.90 (General Construction Fund: Improvements Other/Other Improvements). Richard Hasko, Director of Environmental Services, stated this is a contract closeout for West Construction, Inc. for the completion of the Robert P. Miller Park Project. Mr. Hasko stated the final bill of $176,510.20 and a deduct closeout change order of $14,767.04. Mayor McDuffie asked what the final grand total is. The City Manager stated the final grand total is $5,883,673.44. Mr. Eliopoulos moved to approve Item 9.A.A.A.A.A.A. (formerly Item 8.C.), seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuff e -Yes; Mr. Eliopoulos -- Yes; Mr. Fetzer -Yes; Mr. Frankel -- Yes. Said motion passed with a 5 to 0 vote. 9.A. CONDITIONAL USE REQUEST/CVS STORE: Consider a conditional use request to establish a 24 hour late night business for CVS Store, located at 700 N.E. 6t~' Avenue. (Quasi Judicial Hearing) Mayor McDuffie xead the City of Delray Beach procedures fora Quasi- Judicial Hearing into the record for this item and all subsequent Quasi-Judicial Hearings. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel stated he received a couple of emails back and forth between himself and the attorney for the applicant. Mrs. Gray had no ex parte communications to disclose. Mayor McDuffie stated he met with CVS representatives and discussed the 24-hour operation. Mr. Eliopoulos stated he too met with the CVS Attorney. Mr. Fetzer stated he met with the CVS attorney and also met with the CVS manager. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2010-102 into the record. 9 07/06/10 Mr. Dorling stated the request is to establish a 24-hour late night business located at the southeast corner of George Bush Boulevard and N.E. 5`h Avenue. The request would extend the current houxs of operation which are currently from 7:00 a.m. - 12:00 p.m. and would expand those to 24-hours a day seven days a week for the retail store component. The pharmacy hours of operation would remain unchanged and those are Monday -Friday 8:00 a.m. - 10:00 p.m., Saturday 8:00 a.m. - 6:00 p.m., and Sunday 10:00 a.m. - 6:00 p.m. Mr. Dorling stated as part of this xequest there was a OPTED (Crime Prevention Through Environmental Design) review that was conducted and additional security upgrades were recommended by the Delray Beach Police Deparhnent. Those have been incorporated into the plans that they have submitted and CVS is going to comply with those recommendations. At its meeting of April 19, 2014 the Planning and Zoning Board considered this and there was a recommendation of approval with a 5 to 1 vote. Mr. Dorling stated the proposed condition that the applicant offered was that no alcohol sales would take place at the facility between midnight and 7:00 a.m. and that the pharmacy hours would remain unchanged and as part of that discussion they were to undergo a OPTED review which they did and there were five (5} operational recommendations that came out of that OPTED review (page two of the memorandum). _Al Malefatto, Greenberg Trauri~, 7'77 S. Fla~ler Drive, West Palm Beach FL 33401 Attorne re resentin CVS Pharmac supports the conditional use for the 24-hour operation at the CVS store at George Bush Boulevard and US 1. Mr. Malefatto stated they are requesting approval to extend the hours of operation of the stare to 24 hours per day. He stated the hours of operation currently are 6:00 a.m. -midnight (not 7:00 a.m: -midnight} and explained that there was a modification on that and the pharmacy hours remain the same. Mr. Malefatto stated the reason they need to get a conditional use approval under the City's Code is because the operation is within 300 feet of residentially zoned areas. He stated there is only one residence if any within that 300' radius; most of the areas are commercial businesses or professional offices. Mayor McDuffie 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. Alice Finst 707 Place Tavant Delra Beach FL 33445 stated she does not see what the City is getting in return fox this. Mrs. Finst stated if the pharmacy were going to be open at night then she could see it; however, she sees no reason to extend the hours of operation because she does not feel it is fair to the other businesses in the area. There being no one else from the public who wished to address the Commission regarding the conditional use request, the public hearing was closed. At this point, Mr. Malefatto stated that CVS does feel that they will be offering a service to the community. The applicant stated there was a time was many of those over-the-counter remedies were only available in the pharmacy with a prescription and now those remedies are available. Therefore, those families in the vicinity who have 10 07/06/10 young children who might need those, then, these services would be available and feels this is a benefit they will be providing to the community. Mr. Fetzer commented about the 300' buffer and inquired about the notification requirements. Mr. Dorling stated anyone within S00 feet of the CVS store would have received notification of this proposal. Mr. Frankel asked if the 7-Eleven store on George Bush Boulevard is 24- hours. Mr. Dorling stated the 7-Eleven stare is 24-hours. Mr. Frankel asked if the Publix to the south is 24-hours and the Walgreens. Mr. Dorling stated the Publix and the Walgreens are not 24-hours. Mr. Frankel asked how many other businesses are 24-hours. Mr. Eliopoulos stated he will not support this project and it will be a burden on the Police Department. Eliopoulos. Mr. Fetzer concurred with comments expressed by Commissioner Commissioner Fetzer stated that another 24-hour business would be quite a bit for the town to handle. Mr. Frankel stated it is a beautiful store and is a great welcome to the community and you do not want to hinder their business. Mr. Frankel stated it is important to have uniformity and unfortunately we have a problem in the community where there could be a segment of our population who could linger around late hours and could put a burden to our Police Department. Mr. Eliopoulos stated the difference with the Wal-Mart was they had private security an site and it was not just one security guard but was a full staff. Mayor McDuffie stated we need to be consistent in the rulings; however, on the other hand there is a strong issue for the law enforcement community, Mayor McDuffie stated the City requixed that these people go through the OPTED requirements. Mayor McDuffie stated he can support it due to the fact that this has been done for others and they have been through all of the OPTED requirements and have volunteered one that the City did not require which is the suspension of the sale of alcohol. Mrs. Gray stated she will support this and concurs that we have to be consistent and they did comply with the OPTED requirements. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus. Mr. Eliopoulos approved the Board Order denying the conditional use request, seconded by Mr. Fetzer. 11 07/06/10 At this point, Mr. Malefatto stated he would like the opportunity to go back to CVS and see if they are willing to make the investment far private security. Mrs. Gray moved to table this item to a time certain of July 20, 2010, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr, Fetzer - No; Mr. Frankel -~ Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 4 to 1 vote, Commissioner Fetzer dissenting. 9.B. WANER RE UESTS/TEMPORARY USE PERNIIT/DELA)1RE COUNTRY CLUB: Consider a request for a temporary use permit and two (2) waiver requests to allow the use of a structural tent to house the dining facilities at Delaire Gauntry Club for a period not to exceed 18 months, and to allow the increase in the maximum size of the temporary structure from 10' x 12' to 82' x 66' for clubhouse renovations associated with Delaire Country Club located at 4645 White Cedar Lane. (Quasi-Judicial Hearing) Mayor McDuffie read the City of Delray Beach procedures for aQuasi- Judicial Hearing into the record for this item and all subsequent Quasi-Judicial Hearings. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. 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 file #2010-90 into the retard. Mr. Dorling stated the first waiver request is approval of a temporary use permit fox a structural tent and includes two waiver requests; the first waiver to allow the use under the structural tent to house a dining facility at the Delaire Country Club for a period not to exceed 18 months while the clubhouse is being renovated and the second waiver is to allow an increase in the maximum size of a temporary structure which is now limited to 10' x 12' to expand that to the 82' x 66' that the proposal encompasses. Mr. Dorling stated this was part of some renovations that were ongoing with the Delaire Gauntry Club. On April 14, 2010, the Site Plan Review and Appearance Board (SPRAB) approved a Class IV site plan application to partially demolish and renovate the existing Club House and build a new 47,199 square ft. Club House and a 6,875 square ft. golf-cart barn. Mr. Dorling stated this proposal is so that they can continue to provide the dining that occurs within that structure that is proposed for demolition. Mr. Dorling stated if this item passes this evening, this would go before the Site Plan Review and Appearance Board for consideration of an associated Class I Site Plan modification as well as the architectural elevations for the facility. He stated what is proposed is to put a large structural tent on the existing tennis court facilities. Mr. Dorling stated one of the conditions is once the clubhouse is finished that they restore the site to its original condition which would be repair of those tennis courts and resurrection of them as a 12 07/06/10 tennis facility. Staff recommends approval at this time. Mike ove x, ove x es~~u ssocrates, Inc., 2295 N. ,, .,, ' W. Corporate Blvd., Suite #213, Boca Raton, FL 33431, stated this tent will be located on the existing tennis courts which are screened and this is in the middle of a private country club that you need to go through a gate to get to so the general public does will not see this only the residents of the community and the members of the club. Mr. Covelli stated this will not impact anyone in the general public because they will not be able to get in to-see it. 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 waiver requests, the public hearing was closed. There was no cross-examination or rebuttal. Mayor McDuffie stated the structure is made to withstand 70 mph winds and noted this is going to run through two hurricane seasons. Mayar McDuffie asked if the structural tent can be dismantled if the City receives storm warnings. Mr. Covelli stated the cover would have to be removed from the structure and they would leave the supporting structures up. The City Attorney briefly reviewed the Board Order with the Commission wha 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 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. 9.C. APPOINTMENTS TO THE FINANCYAL REVIEW BOARD: Appoint four (4} regular members to the Financial Review Board to serve two (2} year terms ending July 31, 2012. Based on the rotation system, the appointments will be made by Commissioner Fetzer (Seat #2), Commissioner Frankel (Seat #3}, Commissioner Gray (Seat #4} and Mayor McDuffie (Seat #5}. Mr. Fetzer moved to reappoint Rosalie Blood as a regular member to the Financial Review Board for a two (2) yeax term ending July 31, 2012, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel ---- Yes; Mrs. Gray -Yes; Mayar McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. ,Said motion passed with a 5 to 0 vote. Mr. Frankel stated he would like to defer his appointment to the next regular meeting of July 20, 2010. 13 07/06/10 Mrs. Gray stated she would like to defer her appointment to the next regular meeting of July 20, 2010. Mayor McDuffie stated he wished to reappoint Howard Ellingsworth as a regular member to the Financial Review Board for a two (2) year term ending July 31, 2012. Mr. Frankel so moved, seconded by Mr. Fetzer. 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. APPOINTMENT TO THE COMM[)NITY REDEVELOPMENT AGENCY: Appoint ane {1) regular member to the Community Redevelopment Agency {CRA) to serve a four (4) year term ending July 1, 2014. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2}. Mr. Fetzer moved to reappoint Howard Lewis as a regular member to the Community Redevelopment Agency (CRA) to serve a four (4) year term ending July 1, 2014, 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. 9.E. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint one (1) regular member to the Downtown Development Authority (DDA} to serve a three (3) year term ending July 1, 2013. Based upon the rotatian system, the appointment will be made by Commissioner Frankel (Seat #3). Mr. Frankel moved to reappoint Seabron Szx~ith as a regular member to the Downtown Development Authority {DDA) to serve a three (3) year term ending July 1, 2013, seconded by Mr. Fetzer. 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. APPOINTMENTS TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint three (3) regular members to the Delray Beach Housing Authority for a four (4) year term ending July 14, 2014. Based upon the rotation system, the appointment recommendations will be made by Mayor McDuffie {Seat #5), Commissioner Eliopoulos {Seat #1) and Commissioner Fetzer (Seat #2). Mayor McDuffie stated he wished to reappoint Shelly Weil as a regular member to the Delray Beach Housing Authority for a four (4) year term ending July 14, 2014. Mr. Frankel so moved, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzex -Yes; Mr. Frankel -Yes; Mrs. Gray -- Yes; Mayor McDuffie -Yes; Mr. Eliapoulos -Yes. Said motion passed with a 5 to 0 vote. Mr. Eliopoulos moved to reappoint Choli Aronson as a regular member to the Delray Beach Housing Authority for a four {4} year term ending July 14, 2014, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel - Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - 14 07/0{110 Yes. Said motion passed with a 5 to 0 vote. Mr. Fetzer moved to reappoint Sylvia Morris as a regular member to the Delray Beach Housing Authority for a four (4} year term, ending July 14, 2014, 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 5 to 0 vote. 9.G. APPOINTMENTS TO THE CIVIL SERVICE BOARD: Appoint two (2) regular members and one (1} alternate member to the Civil Service Board for a two (2) year term ending July 31, 2012. Based upon the rotation system, the appointments will be made by Commissioner Fetzer (Seat #2), Commissioner Frankel (Seat #3) anal Commissioner Gray (Seat #4). Mr. Fetzer moved to appoint Carol Anderson as a regular member to the Civil Service Board for a two (2) year term ending July 31, 2012, 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. Mr. Frankel moved to reappoint Sidney Grossman as a regular member to the Civil Service Board for a two (2} year term ending July 31, 2012, 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 McDuff e -Yes. Said motion passed with a 5 to 0 vote. Mrs. Gray moved to appoint Carol Clark as an alternate member to the Civil Service Board for a two (2) year term ending July 31, 2012, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel - Yes; Mrs. Gray -Yes; Mayor McDuffe -- Yes; Mr. Eliopoulos -- Yes. Said motion passed with a 5 to 0 vote. 9.H. APPOINTMENT TO THE NUISANCE ABATEMENT BOARD: Appoint one (1} alternate member to the Nuisance Abatement Board for an unexpired term ending July 31, 2011. Based upon. the rotation system, the appointment will 6e made by Commissioner Eliopoulos (Seat #1). Mr. Eliopoulos moved to appoint Barry Tunick as an alternate member to the Nuisance Abatement Board for an unexpired term ending July 31, 2011, 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. 15 0'7/06/10 9.I. APPOINTMENT TO THE PUBLIC EMPLOYEES RELATIONS COMMISSION: Appoint one {1) alternate member to the Public Employees Relations Commission for a four (4) year term ending June 30, 2014. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). Mr. Fetzer moved to appoint Jeffrey Ruthizer as an alternate member to the Public Employees Relations Cominissian for a four (4) year term. ending June 30, 2014, seconded by Mr. Frankel. 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 D vote. At this point, the time being 6:55 p.m., the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager. 11.A. Ci Mana er's res onse to rior ublic comments and in uiries. With regard to a previous concern expressed by Mrs. Finst about where we stood with regard to updating the sidewalk cafe ordinance, the City Manager stated to date, the City has reviewed sidewalk cafe ordinances from approximately ten other cities; conducted two inspections in the downtown area to document the physical challenges; held two staff working group meetings to share information and discuss changes that are needed and highlighted "best practices" from other municipal codes reviewed. The City Manager stated alI these have resulted in proposed changes that staff will present to Planning and Zoning within the next couple of weeks. He stated the City's focus is to maintain the five foot pedestrian access (strengthening regulations, how to measure and location}, establishing the boundaries for each sidewalk cafe permitted {appropriate barriers}, restricting the use of service stations within the boundaries of sidewalk cafes, use and placement of other furniture/art, modifying and clarifying the "no table zone" and fees/renewal process. Secondly, the City Managex stated with regard to Floydrica Brawn's complaint about her termination from the After School Program. Ms. Brown was brought to work as a part-time Recreational Leader through the Workforce Alliance 2009 Summer Program. The City Manager stated Ms. Brown did well at that job sa she was asked to become apart-time employee of the City and there were no complaints, issues, or problems raised 6y her to Human Resources prior to her appearance to the City Commission. Due to lower enrollment in the Summer Camp Program, two part-time positions had to be eliminated. The City Manager stated elimination was based on qualifications and performance and unfortunately Ms. Brown's qualifications and performance was less than same of the other people on staff so she was one of the two whose positions were terminated. Lastly, the City Manager stated Ms. Moody had a previous concern about trees being too close to power lines. He stated the power company normally contracts with tree trimming services to do that and the City will 6e in touch with the power company about it but it is really something they have to take care of. In addition, Ms. 16 07/06/10 Moody expressed concern about the fence on the back side of the cemetery being down and the City Manager stated the fence was removed in connection with the work by The Auburn Group on their project and that has been replaced by them at their expense. At this point, the time being -7:00 p.m., the Commission moved to Item 10, Public Hearings. i0, PUBLIC HEARINGS: .. T BLOCK GRANT,.,,,_„ ~CDBG) ANNUAL ACTION PLAN Y 2010 - 2011 : Consider approval of the Community Development .Block Grant {CDBG) Annual Actian Plan required by the United States Housing & Urban Development Department (HUD) for utilization of federal grant funds. (Staff has requested the item be postponed until the August 3, 2010 City Commission Meeting) Mr. Eliopoulos moved to postpone Item 10.A. until the regular meeting of August 3, 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. 10,B. ORDINANCE NO. 09-10 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendments to the Land Development Regulations (LDR), to clarify the "medical office" use by adding this use to multiple zoning districts by amending Article 4.4, "Base Zoning District", Section 4.4.9, "General Commercial District", Subsection (B), "Principal Uses and Structures Permitted"; Section 4.4.13, "Central Business District", Subsection {B), "Principal Uses and Structures Permitted"; Section 4.4.15, "Planned Office Center District", Subsection (B}, "Principal Uses and Structures Permitted"; Section 4.4.16, "Professional and Office District", Subsection (B}, "Principal Uses and Structures Permitted"; Section 4.4.17, "Residential Office District", Subsections {B), "Principal Uses and Structures Permitted", and (G), "Supplemental District Regulations"; amending Appendix "A", "Definitions", to enact revised or new definitions for "Medical Clinics", "Medical Laboratory", and "Professional Offices". If passed, a second public hearing will be held on July 20, 2010. The caption of Ordinance No. 09-10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4.4.9, "GENERAL COMMERCIAL DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED"; SECTION 4.4.13, "CENTRAL BUSINESS DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND 17 07/06/10 STRUCTURES PERMITTED"; SECTION 4.4.15, "PLANNED OFFICE CENTER DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED"; SECTION 4.4.16, "PROFESSIONAL AND OFFICE DISTRICT", SUBSECTION (B}, "PRINCIPAL USES AND STRUCTURES PERMITTED"; SECTION 4.4.17, "RESIDENTIAL OFFICE DISTRICT", SUBSECTIONS {B), "PRINCIPAL USES AND STRUCTURES PERMITTED", AND {G}, "SUPPLEMENTAL DISTRICT REGULATIONS", TO SPECIFY AND CLARIFY MEDICALLY RELATED USES; AMENDING APPENDIX "A", "DEFINITIONS", TO ENACT REVISED OR NEW DEFINITIONS FOR "MEDICAL CLINIC", "MEDICAL LABORATORY", "MEDICAL OFFICE", AND "PROFESSIONAL OFFICES" PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 09-10 is an file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, AICP, Director of Planning and Zoning, stated this is a City- initiated text amendment to clarify that medical off ce uses are specifically being added to multi-family zoning districts based upon current and past practices. Mr. Darling stated on October 20, 2009, the City Commission adopted Ordinance Na. 50-09 which revised the definitions of the term "Professional Office" to exclude "Medical Office". Prior to this time medical offices had been allowed under a broader professional office designation and this ordinance is going back into those areas that did allow professional office and medical off ce under that broadened definition and adding them back in now. Mr. Dorling stated the amendment also modifies the definition of "Clinic" to broaden it to "Medical Clinic" and the additional changes are made to highlight the mare expansive service, i.e., outpatient surgery allowed within these facilities as well as a revision to the "Professional Office" definition to include specific examples. At its meeting of June 21, 2010, the Planning and Zoning Board and the Board recommended approval with a 6 to 0 vote; at its meeting of May 5, 2010, the Historic Preservation Board (HPB} recommended approval; at its meeting of May 5, 2010, the Pineapple Grove Main Street (PGMS) committee recommended approval; at its meeting of May 11, 2010, the Downtown Development Authority (DDA} recommended approval; at its meeting of May 12, 2010, the West Atlantic Avenue Redevelopment Coalition (WARC) recommended approval; and at its meeting of May 13, 2010, the 18 07/06/10 Community Redevelopment Agency (CRA) recommended approval. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 09-10, the public hearing was closed. Mr. Eliopoulos moved to approve Ordinance No. 09-10 on FIRST Reading/FIRST Public Hearing, seconded by Mr. Frankel. 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. 10.C. ORDINANCE NO. 11-10 FIRST READING/FIRST PUBLIC HEARING: Consider a city initiated amendment to the Land Development Regulations (LDR}, Article 4.3, "District Regulations, General Provisions", Section 4.3.3, "Special Requirements for Specific Uses", Subsection (Q}, "Guest Cottage", and Subsection (Y), "Bed and Breakfast Inns", to clarify and amend bed and breakfast inn use requirements; amending Article 4.4, "Base Zoning District", Section 4.4.6, "Medium Density Residential (RM) District", Subsection (D}, "Conditional Uses and Structures Allowed", to add bed and breakfast inn as a conditional use; amending Section 4.4.13, "Central Business (CBD) District", Subsection {B), "Principal Uses and Structures Permitted", and Subsection (D), "Conditional Uses and Structures Allowed"; Section 4.4.17, "Residential Office {RO} District", Subsection (D), "Conditional Uses and Structures Allowed"; and Section 4.4.24, "OId School Square Historic Arts District", Subsection (B), "Principal Uses and Structures", to clarify bed and breakfast inn uses; amending Appendix "A", "Definitions", to enact revised def nitions for "Bed and Breakfast Inn", and "Guest Cottage". If passed, a second public hearing will be held on July 20, 2010. The caption of Ordinance No. 11-10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS, BY AMENDING ARTICLE 4.3, 44DISTRICT REGULATIONS, GENERAL PROVISIONS", SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION (Q), "GUEST COTTAGE", AND SUBSECTION (Y), "BED AND BREAKFAST INNS", TO AMEND AND CLARIFY THE REQUIREMENTS FOR BED AND BREAKFAST INNS; AMENDING ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM} DISTRICT", SUBSECTION (D}, "CONDITIONAL USES AND STRUCTURES ALLOWED", TO ADD BED AND BREAKFAST INN AS A CONDITIONAL USE; AMENDING SECTION 4.4.13, "CENTRAL BUSINESS 19 07/06/10 (CBD) DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED", AND SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED"; SECTION 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT", SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED"; AND SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES", TO CLARIFY BED AND BREAKFAST INN USES; AMENDING APPENDIX "A", "DEFINITIONS", TO ENACT REVISED DEFINITIONS FOR `BED AND BREAKFAST 1NN", AND "GUEST COTTAGE"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. office.) (The official copy of Ordinance No. 11-10 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 Delray Beach, Florida. Paul Dorling, AICP, Director of Planning and Zoning, stated this ordinance adds Bed and Breakfast Inns as a conditional use in the RM (Mu1ti~Family, Medium Density) zoning district and it also has some modifications to the related special requirements of that use. Currently, Mr. Dorling stated Bed and Breakfast lens are allowed as a permitted use as designated historic structures in OSSHAD (Old School Square Historic Arts District) and CBD (Central Business District). He stated they are allowed in the RO and CBD in the West Atlantic Avenue Neighborhood as a conditional use. Mr. Dorling stated this ordinance establishes a minimum separation of 300 feet between facilities, it provides parking regulations to ensure that it retains the character of the neighborhood, it allows historic structures to add bathrooms to accommodate the use and it limits the activities associated with it to those that are paying guests only. It maintains the requirement that they only be established in historic structures or individually designated properties and that they are classified as contributing; it talks about minimum spaces and it requires the property owner to reside an site; it proposes a maximum stay not to exceed 14 days within a 30 day period and addresses how many employees can be on site. Mr. Dorling stated it also allows existing guest cottages to be used as the primary residence of the property owner or if rt is historically designated for paying guests; and limits the meals that are allowed to be served on site to breakfast only. At its meeting of June 8, 2010, the West Atlantic Avenue Redevelopment Coalition (WARC) recommended approval; at its meeting of June 10, 2010, the Community Redevelopment Agency (CRA) recommended approval; at its meeting of 20 07/06/10 June 14, 2010, the Downtown Development Authority (DDA) recommended approval; at its meeting of June 16, 2010, the Historic Preservation Board (HPB) xecommended appxoval subject to a recommendation that the maximum stay be extended to 21 days and this was not supported by the Planning and Zoning Board which moved it to a 6 to 0 vote to the City Commission. Mr. Dorling stated when it came befoxe the Planning and Zoning Board it did include a proposal to allow it as a conditional use in the R-1 {Single- Family Residential) or RL {Multi-Family, Law Density} zoning districts. The Board had some concerns with that and recommended limiting it to RM. Mr. Dorling stated the Pineapple Grove Main Street {PGMS} committee will review Ordinance No. 11-10 at their July 7, 2010 meeting and staff will report their findings to the City Commission on second reading. Mayor McDuffie declared the public heaxing open. There being no one else from the public who wished to address the Commission regarding Ordinance No. 11- 10, the public hearing was closed. Mr. Eliopoulos stated staff did a great job on this and feels it protects the neighborhoods but at the same time offers something that he feels will be a benefit to the community. Mr. Eliopoulos stated his concern is that down the road should somebody try to pull a permit and the fact that we might say it is supposed to be done per Code that might be one thing but his fear is that it might get caught up during the process. Mr. Dorling stated the current xegulations state that the number of bedrooms and bathxooms provided for guest use shall be as existed when the structure was originally constructed. Therefore, Mr. Dorling stated this ordinance eliminates the prohibition to bathrooms and it does not necessarily exclude any of the issues that Commissioner Eliopoulos has raised. Mrs. Gray asked why staff does not recommend approving the 21 days. Mr. Dorling stated the Planning and Zoning Board and the other boards felt that 14 days out of 30 days was an adequate stay. He stated the Historic Preservation Board {HPB) felt three weeks was mare reasonable and this was not supported by any of the other boards. Mayor McDuffie asked if that is 14 consecutive days. Mr, Dorling stated it would be 14 days within a 30 day period. Mr. Frankel moved to approve Ordinance No. 11-10 on FIRST Reading/FIRST Public Hearing, 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 S to D vote. At this point, the time being 7:11 p.m., the Conunission moved to Item 11.B., Comments and Inquiries on Non-Agenda Items from the Public. 21 07/06/10 11.B. From the Public. 11.B.1. Cathy Balestriere, 82 Gleason Street, Delray Beach, FL 33483 Crane's Beach Rouse LLC stated the Downtown Marketing Cooperative (DMC) is formally requesting the City Commission to commit to adding the Downtown Development Authority {DDA) discussion to the July 13, 2010 Workshop Meeting reason being the budget. Ms. Balestriere stated should the City Commission decide to move the DDA discussion to the August 10, 2010 Workshop, the DMC will not receive any indication of the DDA's financial commitment until the end of August or middle of September. She stated this will be problematic as the DMC will be in the fmal stages of the budgeting process for the 2010/2011 fiscal year. Ms. Balestriere stated should the DDA not be able to commit a similar amount of funds for the DMC as in prior years for their restructuring and transition, the DMC will be left with a mere few weeks to recoup the difference. Secondly, Ms. Balestriere stated another reason is duplication and should the City Commission decide to move the DDA discussion to the August 10, 2010 Workshop both organizations could begin duplicate efforts in regards to the marketing and promoting in the downtown. Ms. Balestriere stated the last reason would be direction and should the City Commission decide to move the DDA discussion to the August 10, 2010 Workshop there would be a delay in direction provided by the City Commission creating an inefficient use of bath taxpayer and private dollars of both organizations. Ms. Balestriere stated time is of the utmost concern fox them with this issue. Mr. Fetzer stated he spoke with Ms. Balestriere about these issues today and he received an email from Michael Listick, Chairman of the DDA, asking the City Commission to postpone the discussion on the DDA until after their Strategic Planning Meeting in Tate July and forwarded it to the City Manager. The City Manager stated he did not feel it was a problem to move the meeting to August. Mr. Fetzer stated after speaking with Ms. Balestriere today, he believes there are time sensitive issues that need to be addressed. Mr. Eliopoulos expressed concern over the friction between the DDA and the DMC. He stated and he would like to see things done quicker and see what is on the DDA's agenda and what their plans are. He stated both agencies have to start working together and if things are not working out then the Commission needs to do something about it. Mrs. Gray concurs with comments expressed by Commissioner Eliopoulos. Mr. Frankel stated we are looked at as such a great community for so many different things and to see the friction that is taking place because of personalities is disappointing to him. Mr. Frankel concurs that the DDA discussion should be placed on the July 13, 2010 Workshop Meeting. The City Manager stated the discussion regarding the DDA will be on the Workshop Agenda of July 13, 2010. 22 o~ios~la 11.B,2, Sarah. Martin, 64~A S.E. 5t" Avenue, Delray Beach, FL 334$3, Executive Director of the Downtown Marketing Cooperative (DMC), formerly thanked Commissioner Frankel and Mayor McDuffie for being the judges at the eating contest, the beautiful baby bathing suit contest, and the bike parade for the July 4`~' event. Ms. Martin stated she appreciates the support in moving this forward to make sure that they can get moving in a clear direction. 11.B.3. Dr. Victor Kirson, 2054 Alta_Meadows Lane #2110, Delray Beach, FL at T ,... 33444 (President of the Board of Directors , Terra Verde at Delray Beach and Vice Chairman of the Police Advisory Board), stated several years ago the State mandated that we would re-appraise property every year. He stated if we did not have this State mandate we would be paying the taxes of four years ago and we would not have a problem in city government. Dr. Kirson suggested is a tea party movement to repeal property appraisals. 11.B,4, Alice First, 707 Place Tavant, Delray,,. Beach, FL 33445, stated she attended the Site Plan Review and Appearance Board {SPRAB) Meeting of June 23, 2010 and the item she is speaking about tonight is an item on project plans for the driving course at the Tax Collector's office. Mrs. First stated they are planning to trade off the parking lot and take over that area and make it a practice range. She stated they are also planning to take the area to the east and make that the parking lot. Mrs. First stated several meetings ago the City Commission approved this as a temporary parking lot. She stated at the meeting she was informed that this temporary lot was to be in place for five years. Mrs. First stated five years seems like a long time for temporary and suggested that the Commission move it up or require landscaping on the property such as palm trees that can be moved later on. At this point, Mr. Eliopoulos stated with regard to Mrs. First's comments he thought there was same landscaping there. Paul Dorling, Director of Planning and Zoning, stated the ordinance does not require interior landscaping; however, it requires landscaping around the perimeter and they did provide perimeter landscaping. Mr. Dorling stated the ordinance also tallcs about a one year with subsequent extensions up to three years and that in this case was given special compensation given what staff was proposing on that site. Mr. Eliopoulos stated normally the City would not require asphalt for a temporary parking lot and stated the asphalt is a total upgrade. Mayor McDuffie stated it was a very hasty move when the State closed the driver's license office out and Commissioner Abrams actually stepped up and went to work very quickly, The Property Appraiser's aff ce was booted out of the building and now exists in the old County Library facility. He stated since the Property Appraiser moved out, the Tax Collector took over the entire building and driver's licenses will move into that building. Mayor McDuffie stated it is a temporary thing and the City has an Interlocal ,Agreement in place which is stalled because of economics to move everything in that facility. The County will be pushing all their facilities to the north with the City taking over the south end of that to create transit oriented development down in the south end. He reiterated that this will be temporary and what will change the 23 07/06/10 temporary nature of it is the economics at the time. Also, Mayor McDuffie stated he has worked in the Property Appraiser's office since 1991 and the State of Florida was reappraising property every year in 1991 and neither Amendment One nox Amendment Ten changed the cycle. Mayor McDuffie stated property is appraised in the State of Florida each year as of its status on January 1st of the year for which it is being taxed and has been thus for approximately 50 years. Mayor McDuffie stated what did happen was Amendment One added affordability and added another $25,ODD.DO homestead exemption (which was exempt from the school levy}. Mayor McDuffie stated Amendment One also caused municipalities and counties to go to the rollback rate every year. Mayor McDuffie stated then they came out with Senate Bill 1588, which is a glitch bill because in their unwitting knowledge of the way the cycle was going, they forced the County to go to the rollback rate which in a down period is a roll up rate which means the County would be rolling taxes up every year. Mayor McDuffie stated they did not cause the reappraisal cycle to go to one year and it has been that way far as long as he can remember. Mayor McDuffie stated the time in which the County appraises property has not changed and clarified this for people who may of thought their home was being reappraised an a faster cycle than it used to be and reiterated that it has not changed. At this paint, the time being 7:27 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. I2-10: Consider a city initiated amendment to Appendix "A", "Definitions" of the Land Development Regulations (LDR} to revise the definition of "Pharmacy". If passed, a public hearing will be held on July 20, 2010. The caption of Ordinance No. 12-10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING APPENDIX "A", "DEFINITIONS", TO ENACT A REVISED DEFINITION FOR "PHARMACY", PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (`The official copy of Ordinance No. 12-10 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, AICP, Director of Planning and Zoning, stated this is a City- initiated amendment to the LDRs that will revise the def nition of pharmacy. Mr. Dorling stated the current definition in the LDRs refer to a pharmacy as a retail establishment 24 07/06/10 primarily offering goods for retail sales and on site dispensing of prescription drugs, non- prescription drugs or both. The proposed new definition that was originally before the Planning and Zoning Board was to add some additional language including "No more than 50% of the total building or floor area of the business shall be devoted to the sale and storage of prescription drugs." Furthermore, no more than 50% of total sales can.be derived from the sale of Schedule II controlled substances as listed in Florida Statute 893.03. All pharmacies shall be staffed by a state licensed pharmacist." Mr. Darling stated these are changes that were afollow-up for other changes that were made to medical office regulations which address the recent practices of pain clinics where they prescribe these Class II, III, and IV narcotic prescription drugs at these facilities. These recent changes prohibited the dispensing of these drugs at the medical offices themselves and only allowed them to be dispensed in pharmacies. Mr. Dorling stated rt was anticipated that distribution would only occur at conventianal pharmacies (CVS, Walgreens, etc.). He stated to assure that the original intent of the ordinance is met and to minimize the potential for abuses, clarification of what constitutes a pharmacy is now being considered. Mr. Dorling stated the City is finding that there is an interest in occupying spaces very close to these clinics and opening up a pharmacy facilitated by the same personnel that are writing prescriptions in the adjoining bay and with this ordinance staff is hoping to curtail that kind of activity. At its meeting of June 21, 2010, the Planning and Zoning Board considered the request and the Board had some concerns with the building floor area maximums for sale and storage of prescription drugs and they thought it might hurt pharmacies which may have minimal ancillary retail sales components. The Board also had a significant discussion about the 50% maximum far controlled Schedule II substances which are highly addictive drugs and they felt the 50% was very liberal. Staff agrees with the Board but without additional information staff felt that at least 50% would stop someone from prescribing 100% of these Schedule II controlled substances and would give additional flexibility for someone that may in fact have a high volume of these in a legitimate pharmacy. Mr. Dorling stated the Board recommended approval of the 50% maximum without the retail piece in it. Since then, Mr. Dorling stated there have been some additional inquiries and someone will testify that a 25% maximum Schedule II threshold is liberal enough. Staff has modified this ordinance per the direction of the Planning and Zoning Board. Ser eant Brad M ers Delra Beach Police De artment stated his current assignment is a Sergeant at the Pahn Beach County Multi-Agency Diversion Task Farce of which the sole purpose is to investigate the pain clinics, the phaxmacies, and the "pill-mills". Sergeant Myers stated so far the DEA has taken away two licenses from two huge distributors of Schedule II narcotics that affect many of the clinics in the City and throughout the County. He stated with the law effective July 1, 2010 and with the City ordinance that went into effect Last year, it is starting to tighten up things. Sergeant Myers introduced Dr. Levine who will testify that 25% is extremely liberal but something the City can work with; however, 50% is too much. 25 o~~o~~lo Alan Levine, Pharmacist, stated the last pharmacy he owned he had four major hospices that he catered to and yet his total of Schedule II's of the percentage of his business was 8%. Dr. Levine stated 25% to him is very liberal and it should be no mare than that because he feels it encourages "pill-mills" to come in. Mayor McDuffie asked how this helps the City where we have diagnostics in Boca Raton at the south end and crossing over into Delray and are we going to help this situation by cutting down the floor space because the dispensing is in Delray. Mayor McDuffie stated the City of Delray Beach may need to work with the City of Boca Raton to see if we can work out an ordinance. Mr. Dorling stated he is part of the IPARC Issues Forum and this is a group of planning directors and they axe working through recommendations that would be incorporated hopefully countywide or it would be a checklist of things that people could do for all of these different communities. Mayor McDuffie asked if the 8% of Schedule II's been monetarily of Dr. Levine's business or was that the square footage. Dr. Levine stated it was monetarily S% of his business. Mr. Frankel stated he would like to see the ordinance amended and make it a maximum of 10% of total sales because he feels 25% is too high. The City Attorney reiterated that this ordinance is based an total sales. Mr. Eliopoulos moved to approve Ordinance Na. 12-10 on FIRST Reading as amended with the reduction from 25% to a maximum of 10% of total pharmaceutical sales for Schedule II, 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. 12.8. ORDINANCE NO. 15-10: Consider a city initiated amendment to the Land Development Regulations (LDR) Section 6.1.10, "Water System", to eliminate a fire protection provision that conflicts with the Florida Fire Prevention Code. If passed, a public hearing will be held on July 20, 2010. The caption of Ordinance No. 15-10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 6.1.10, "WATER SYSTEM", TO DELETE A STANDARD THAT CONFLICTS WITH THE FLORIDA FIRE PREVENTION CODE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. 26 07/06/10 office.) (The official copy of Ordinance No. 15-10 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Paul Dorling, AICP, Director of Planning and Zoning, stated this is an amendment to the LDR's to eliminate a fire protection provision that conflicts with the Florida Fire Prevention Code. Mr. Dorling stated the City's requirement is five feet where the Fire Prevention Code requires 4' rear and 7.5' front/side clear area. Therefore, staff is proposing to eliminate it and defer to the Fire Prevention Code for the regulations. At its meeting of June 21, 2010 the Planning anal Zoning Board considered the text amendment and recommended approval with a 6 to 0 vote. Mr. Eliopoulos moved to approve Ordinance No. 15-10 on FIRST Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffe -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -~ Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 12.C. ORDNANCE NO. 16-10: Consider approval of a historic designation and individual listing on the Local Register of Historic Places for The Harvel House, to be located at 186 N.W. 5th Avenue. If passed, a public hearing will be scheduled on July 20, 2010. The caption of Ordinance No. 16-10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE HARVEL HOUSE, LOCATED AT 186 NW 5TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, OCTOBER 2009" PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 16-10 is an file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, AICP, Director of Planning and Zoning, stated ordinance is for the City Commission to approve an individual designation of The Harvel House for listing in the Local Register of Historic Places. The Harvel House is presently located at 36 S.E. lit Avenue and is classified as contributing in the Old School Square Historic District (OSSHAD}. The CRA proposes to relocate this structure to 186 N.W. 5th 27 07/06/10 Avenue in the West Settlers District. Mr. Darling stated the relocation was originally denied by the Historic Preservation Board (HPB) in 2008 and overturned by the City Commission on appeal and part of that approval was subject to the condition that this house be individually listed. He stated it does meet the criteria under LDR Section 4.5.1 {B) for that listing. At is meeting of June 8, 2010, the West Atlantic Redevelopment Coalition (WARC) reviewed the subject designation and recommended approval; at its meeting of June 14, 2010, the Downtown Development Authority (DDA) reviewed the subject designation and recommended approval. Mr. Dorling noted a typographical error on the last page of the ordinance as it relates to Section 8 and it should read Section 6. In addition, Mr. Dorling stated that this ordinance will not become effective immediately upon passage on second and final reading but that the language be changed to reflect that it becomes effective when the property is moved. Mr. Eliopoulos asked if everything is in process with the Community Redevelopment Agency (CRA) and he does not want to see anything happen to this house in the meantime. Mr. Dorling stated the CRA is going through the final steps and they are hoping to get all the necessary approvals and have it moved by October 2010 at the latest. Mrs. Gray asked if the new location on N.W. Sib Avenue is a historical district. Mr. Dorling stated this is the West Settlers District and the house will be located just north of the Spady Museum. Mrs. Gray asked if there are any historic markers in this area. Mr. Dorling stated the historic markers are up in the West Settlers District. Mr. Frankel moved to approve Ordinance No. 16-10 on FIRST Reading, 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. 12.D. ORDINANCE NO. 21-10: Consider an amendment to Chapter 32 "Departments, Boards and Commissions", by amending Section 32.66, "Meetings", to pxovide for quarterly meetings of the Police Advisory Board. If passed, a public hearing will be held on July 20, 2010. The caption of Ordinance No. 21-10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32, "DEPARTMENTS, BOARDS AND COMMISSIONS", BY AMENDING SECTION 32.66, "MEETINGS", TO PROVIDE FOR QUARTERLY BOARD MEETINGS; PROVIDING A SAVING CLAUSE; GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. 28 07/06/10 affiGe.) (The official copy of Ordinance No. 21-10 is an file in the City Clerk's The City Attorney read the caption of the ordinance. Cathy Kozol, Police Legal AdvisorlAssistant City Attorney, stated this amendment changes the meeting frequency for the Police Advisory Board from monthly to quarterly since there are very few, if any, Board items that are placed on the Board's agenda on a monthly basis. Mr. Fetzer moved to approve Ordinance No. 21-10 on FIRST Reading, 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 McDuff e -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:52 p.m., the Commission moved to Item 13, Comments and Inquiries an Non-Agenda Items. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated that Commissioner Gray had expressed concern about the crosswalks in front of Villa~e Academy and noted there are designated crosswalks at the intersection of S.W. 12 Avenue and 3rd Street and S.W. 12Th Avenue and 4th Street. The City Manager stated the City is currently in the design phase of the S.W. 12th Avenue project which includes not only these two intersections but also S.W. 12th Avenue and 1St Street and 2nd Street. The proposed plan is to design all intersections with curving at the corners to provide additional protection from vehicles turning onto and off S.W. 12th Avenue. The design will also include marked crosswalks at all intersections along S.W. 12th Avenue. The City Manager stated the City has collected traffic speed and volume data and this data is being reviewed. If the speeds in the school zone during the morning and afternoon hours exceed the posted, then 20 mph school flashers will be installed by the City. The City Manager stated Commissioner Gray also asked about the "No U-turn" signs along West Atlantic Avenue at every intersection from I-95 to Swinton Avenue. The "No U-turn" signs were installed as part of the recent RRR project by the Florida Department of Transportation because according to their standards, there is not suff cient room to make a propex U-turn at these intersections. If they had the right-of--way, the roadway would have been widened at the intersections similar to what they constructed along US-1 south of Linton Boulevard to meet FDOT standards to allow U-turns. Secondly, the Cirty Manager stated he would like to give a brief update regarding the budget and his intention is to bring something before the Commission at the Workshop Meeting of July 13, 2010. The City Manager stated the total revenue estimate at this time is $91,146,290.00. He stated the initial expenditure request that he received 29 07/06/10 from departments anal other sources totaled $100,092,050.00. The City Manager stated in his initial review he cut $1,198,050.00 and noted he would also cut out the additional staffing that the Fire-Rescue Department has requested far Station #2 and add twa EMS billing clerks because the City believes it can bring in more revenue and that is another reduction of $481,940.00. The City Manager stated that leaves net expenditure requests of $98,419,260.00 so we have a remaining budget gap of $7,272,970.00. He stated the City is still looking at a gap of $4-5 million range and given what the City's expenses are there is no way to close that gap without affecting personnel costs. The City Manager stated the only way to reduce personnel costs is to cut salaries, cut benef ts, or cut the number of employees and possibly some combination of those. The City Manager stated he will bring the Commission a budget with no millage increase and show them what staff has done to get to that and then work from that point. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer had no comments or inquiries on non-agenda items. 13.C.2. Mr. ElioAOUIos Mr. Eliopoulos asked the City Manager to give them an outline as far as what the Commission can work with regarding DDA. Secondly, Mr. Eliopoulos stated he received an email from Mr. Stein Stoner who wants to talk to Parks and Recreation and see if the City would consider renting out a section of the Teen Center for skateboard equipment, etc. Mr. Stoner makes skateboards and has been funding a lot of events at the Teen Center. Mr. Eliopoulos stated he was part of the Relay for Life in Delray Beach on June 26, 2010 and it was the first annual American Cancer Society Event that they had. He stated there was some city employees who attended that were actually two time survivors. He stated the Historic Boat Tour was great for Delray Beach in showcasing our historic structures. Lastly, Mr. Eliopoulos stated his office is currently working on the Eagle Nest II project and commented that a historic structure was moved from Del-Ida to right off Swinton Avenue. Mr. Eliopoulos stated there is potential for the City to do an Eagles Nest III project and feels it would be a good oppoz-tunity for the students. 30 07/06/10 13.C.3. Mrs. Gray Mrs. Gray stated taday she attended a free basketball clinic that the Roots Cultural Festival and Village Academy sponsored. She stated this was a free clinic and is a three week program for children who cannot afford to attend camp. Mrs. Gray stated there were approximately 50 children in attendance today and thanked the Roots Cultural Festival and Village Academy far coming together to look after the children. 13.C.4. Mr. Frankel Mr. Frankel stated with regard to the CVS Pharmacy he learned tonight that Wal-Mart, Walgreens and 7-Eleven are open 24-hQUrS and requested that the City Manager provide him with list of any others that are open 24-hours. Secondly, Mx. Frankel stated he and Commissioner Fetzer attended a presentation fox the Milagro Center and'a local business CrossFit Delray Beach (CFDRB) which is a gym located at Lake Ida Road and Congress Avenue donated $11,000.00. Mr. Frankel congratulated everyone and stated it was very nice to take part in this event. Lastly, Mr. Frankel thanked everyone involved with the July 4th event and stated it was great with the exception of the weather. 13.C.5. Mayor McD~f~e Mayor McDuffie stated on the evening of July 3, 2010 starting at 9:00 p.m. he had the opportunity to go on the radio with Armed Forces Radio for two hours and they waited until 9:00 p.m. so that they would be able to hit the west coast at 6:00 p.m. and they also broadcasted to Iraq and Afghanistan. Mayor McDuffie stated during the show he spoke to a 2nd Lieutenant Smith and a Lieutenant Colonel in the Air Force in Afghanistan at an air base. Mayor McDuffie stated the Lieutenant Colonel had to drop aff and go do something with his unit and they were speaking to 2nd Lieutenant Smith when the engineer indicated that they had his daughter on the line from California. Mayor McDuffie stated they patched the daughter and subsequently the wife through to Lieutenant Smith in Afghanistan. Mayor McDuffie stated there was not a dry eye in the booth and this was one of the greatest things he has ever participated in. Mayor McDuffie suggested that if anyone passes a service person in the airport or someplace to thank them for their service because they do a great job and they are not recognized for it. Mayor McDuffie stated this was a tremendous experience for him to sit in on the night before July 4th Secondly, Mayor McDuffe thanked the DMC, the Chamber of Commerce, Linda Karch, and Parks and Recreation, for their help with the July 4th event. He stated it was a great team effort from everyone in the community. There being no fiirther business, Mayor McDuffie declared the meeting adjourned at 8:08 p.m. 31 07/06/10 w 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 July 6, 2010, which Minutes were formally approved and adopted by the City Commission on .7u1y 20 , 2010 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 became the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 32 07/06/10 FORM 8B 1VIEMORANDUIUI OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, ANQ OTHER LOCAL PUBLIC OFFICERS LAST NAME^FIRST NAMEMIDDLE NAME NAME OE I30AR0, COUNCIL, COMMISSION, AUTHORrTY, OR COMMITTEE Elio ou s ar Delra Beach Cit Coilmttiasiox>t MAILING ADDRESS THE BOARD, COUNCIL., COMMISSION, AUTHORITY OR COMMITTEE DN d ~ Geor a Bush Bouleva~t~ 1n11-fICN I SERVE IS A UNIT oF: CITY COUNTY CfrY ^ COVNTY Cl OTHER LpCAL AGENCY a ra Beach ~'~.orida 33444 ~e ch NAME OF PDLITtCAL SUB©IVISION; Beach c3 DATE DN VVFIICN VOTE DOCURRER ~ _ MY POSITEDN I5: ~I~~~d1Q ~l ELECTIVE Cl APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local IevEl of governmont an an appointed or elected board, council, commission, authority, ar committee. It applies equally to membors of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112-31'}3, Florida Statutes. Your responsibilities under the kaw 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 nr appointive position. f=or this reason, please pay close attention to the instructions an this farm before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3'[43, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other total public office MUST ABSTAIN from voting on a measure which inures to his ar her special private gain or loss. Each etected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain ar loss of a principal (other Phan a government agency) by whom he or she is retained (including the parent organization ar subsidiary of a corporate principal by which he or she is retained); to the special private gain ar loss of a relative; or to the special private gain or loss of a business associate. Commissianers~of aammunity redevelopment agencies under Sea. '163.356 or '163.357, F.S., and officers of independent spacial tax districts olected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the ofFcor's father, mother, son, daughter, husband, wife, tZrother, sister, father-in-taw, mother-in-law, son-in-taw, and daughter in-law. A "business associate" means any person or entity ongaged in or carrying an a business enterprise with the officer as a partner, joint venturer, coewner of property, or corporate shareholder {where the shares of the corporation are not lisfed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE t3E[NG TAKEN by publicly statsng to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible Far recording the min- utes ofthe meeting, who should incorporate the farm In the minutes. w a k * * a * * * * * * * ,k * * APPOINTED OFFICERS: Although you must abstain from voting Ir1 the situations described above, you otherwise may participate in these matters. Howover, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTENt] TO MAKE ANY ATTi=1VlPT TO fNFLUENCE TM1= pI;CtSION PRIOR TO THE MEETfNG A7 WHICH THE V01'E WILL BE TAKEN: You must complete 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 the form in the minutes. {Continued on other side) c~ FoRn~ t36- EFr--. ~i2ooa Itex1~ 8 . K = Item 9.A.A. PAGE 1 APPOINTED OFFICERS (continued} . • A copy of the form mus# be provided immediately to the other members of the agency. • The form must 6e read publicly at the next meeting after the form is filed. - IFYOU MAKE NO ATTEMPT~TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEI=TING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file ]t within 15 days after the vote occurs with the person responsible for recording the minutes cif the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Gc3.7~V E11.oppU7.OS,..._ ,hereby disclose that on ~u..ly__ fi ~~,,, 2410 (a} A measure came orwill come before my agency which (check one} ~ inured to my special private gain or loss; inured to the special gain ar lass of my business associate, „__ inured fo the special gain or sass of my relative, ~ , ~,,,, inured to the s}~ecial gain or Ioss 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: GE Architect~xe, Inc_ Jvly 6, 2010 Gate Filed ature NOTICE: UNDER PROVISIONS OF FLORIDA STATU-f"ES §112.317, A FAILURE TO MAI4E ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPEN510N FROM OFI"ICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,f1f)R. CE FARM 88 - EFF. if2000 LACE 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEAChi, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA REQUE5T FOR A TEMPORARY USE PERMIT AND ASSOCIATED WAIVERS TO ALLOW THE USE OF A TENT T© HOUSE THE DINING FACILITIES AND TO INCREASE THE MAXIMUM SIZE OF THE TEMPORARY STRUCTURE FROM 10' BY 12' TO 82' BY 66' AT DELAlRE COUNTRY CLUB 1. These waiver requests to allow the temporary use of a tent to house the dining facilities and to increase the maximum size of the tent at Delaire Country Club came before the City Commission on July 6, 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 findings are made in accordance with Subseetians l and II. I. WAIVER TO ALLOW A TEMPORARY TENT TO HOUSE THE DINING FACILITIES: LDR Section 2.4.6(F) provides of a list of allowable temporary uses and pursuant to LDR Section 2.4.6 (3)(a){1), the use of a tent, or tents, shall only be for: a}the sale of seasonal items which, when protected from the sun, provides for a less hazardous product for public use; and b) assembly occupancies to protect the public from the elements. Since the specific use of the tent is not listed as an allowed use under this section, approval can only be granted through a waiver by the City Commission. Therefore, the Applicant is requesting a waiver to Section 2.4.6~F) to allow for the placement of a 5,412 sq, ft. temporary tent to be utilized as a dining facility. Pursuant to LDR 5ectian 2.4.7(B)(5), prior to granting a waiver, the approving body shat! make a finding that the granting of the waiver: (a) _ Shall not adversely affect the neighboring area; tb) ;Shall not sjgnificantly 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. City Commission Meeting on July 6, 2010; Item 9.~. Does the waiver request to allow the temporary tent, subject to the conditions attached in Exhibit "A", meet all the requirements of 2.4.T{B}{5}? Yes / No ll. WAIVER Td iNGREASE SIZE OF TEMPORARY TENT; LDR Section 4.4.3(1}{3} provides for a maximum size of ~0' x 12' for the tent. The Applicant is requesting a waiver to Section 4.4.3{I}{3) to allow fora 66' x 82' temporary tent to maintain the existing use of a dining area for the Delaire Country club during the construction of the new club house. 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} 5ha11 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 an other property far another applicant or owner. Does the waiver request to increase the size of the temporary tent meet all the requirements of 2.4.7(B)($)? Yes / No 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 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. 2 City Commission Meeting on July 6, 20I0; Item 9.B. 5. Based on the entire record before it, the City Commission approves ~ denies _ the waiver requests to LDR Sections 2.4.6(F) and 4.3.3(1)(3) 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 6th day of July, 2010, by a vote of 5 in favor and ~_ opposed. TTEST: ~ ` Nelson 5. McDuffie, ~. ~\ \• Chevelle Nubin, City Clerk 3 City Commission Meeting on July 6, 20T 0; Item 9.B. Exhibit "A" Conditions Related to the Request for a Tem ora Use Permit and Associated Waivers at Delaire Count Club ~ . The Temporary Use Permit sij.ail not be effective anti! the issuance of a permit far the permanent clubhouse modifications. 2. That the temporary tent be removed from the property end the area restored pursuant to the site plan of record concurrent with the issuance of a Certificate of - Occupancy for the clubhouse modifications, but in no event shall the Temporary Use Permit be valid for more than eighteen (18) months from the issuance of same. 4 City Commission Meeting on ~TuZy 6, 2010; Item 9.B.