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12-14-10 Regular Meeting MinutesDECEMBER 14, 2010 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, December 14, 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 Father Ridore with St. Vincent Ferrer Catholic Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Frankel requested that Item B.G., Special Event Recxuest /2nd Annual Chillounge Night, of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. Mr. Eliopoulos requested that Item S.J.D., Review of Appealable Land Development Board Actions (Class V Site Plan, Landscape Plan and Architectural Elevation Plan for Bandera Holdings Office), of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A. and Item 8.K.1., Contract Award to Chaz Equipment Company, Inc. of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A.A. Mr. Eliopoulos moved to approve the Agenda as amended, seconded by Mr. Frankel. 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 0 vote. 12/14/10 5. APPROVAL OF MINUTES: Mrs. Gray moved to approve the Minutes of the Special Meeting of November 30, 2010, 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 — Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. Calling for the First Non - Partisan Election to be held on March 8, tall. Mayor McDuffie read and presented a proclamation hereby calling for the First Non - Partisan Election to be held on Tuesday, March 8, 2011 to Chevelle D. Nubin, City Clerk. 7. PRESENTATIONS: 7.A. Accreditation Award for the Parks and Recreation Department Linda Karch, Director of Parks and Recreation, stated the City of Delray Beach Parks and Recreation Department received their 10 year Accreditation Award by the Commission for Accreditation of Park and Recreation Agencies ( CAPRA). Mrs. Karch stated the City of Delray Beach Parks and Recreation Department received their national re- accreditation from CAPRA on October 27, 2010 in Minneapolis, Minnesota. She stated accreditation is a valuable measure of an agency's overall quality of operation, management, and service to the community. Accreditation is based on an agency's compliance with 144 standards for national accreditation. These standards are deemed essential to the quality of services delivered and the professionalism of its operational system. Mrs. Karch stated Delray Beach is one of 97 agencies nationwide who have achieved this national recognition. To be re- accredited, which occurs every 5 years, a detailed self- assessment was completed, followed by a 4 day visit and peer review by a team of experienced professionals in the field of parks and recreation. A final review was conducted by appointed representatives from CAPRA. Mrs. Karch stated the Parks and Recreation Department is proud to have achieved this distinguished honor through their hard work and professional development. Mrs. Karch gave special recognition to Alberta Gaum, Acting Recreation Superintendent, who provided great leadership on this department -wide team effort and who played hostess to the team that came in from Colorado, Texas and Ohio to go over every standard and worked tireless number of hours to help obtain this very distinguished award. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. CONTRACT CLOSEOUT (FINAL PAYMENT)/RSI OF FLORIDA, INC.: Approve a Contract Closeout (Final Payment) in the amount of $6,329.00 to RSI of Florida, Inc. for completion of the WTP Administrative Building Re -Roof. Funding is available from 442 - 5178 -536 -62.10 (W & S Renewal & Replacement Project: Buildings). 2 12/14/10 8.B. CONTRACT CLOSEOUT (CHANGE ORDER NO. 4; FINAL) H.A. CONTRACTING, CORP.: Approve a Contract Closeout (C.O. No. 4; Final) in the amount of a $10,000.00 decrease and final payment in the amount of $51,964.60 to H.A. Contracting Corp., for completion of the Old School Square Window Hardening. Funding is available from 334 - 4151 -572 -46.08 (General Construction Fund; Repair & Maintenance Services /OSS Window Replacement). 8.C. HOUSING REHABILITATION BID AWARDS FOR NEIGHBORHOOD STABILIZATION PROGRAM (NSP): Award two (2) NSP Housing Rehabilitation projects through the Community Development Division to CJ Contracting, LLC. in the amount of $88,200.00 for the following projects: 5175 N.W. 6th Street and 530 N.W. 47th Avenue. Funding is available from 118 - 1935 -554 -62.12 (Neighborhood Services: Capital Outlay /Acquisition Rehabilitation). 8.D. TRI -PARTY AGREEMENT FOR THE TED CENTER: Approve a Tri -Party Agreement between the Community Redevelopment Agency (CRA), City of Delray Beach and TED Center in the amount of $7,500.00 through the Community Development Block Grant (CDBG) program for FY 2010 -2011. Funding is available from 118- 1966 - 554 -83.01 (Neighborhood Services: Other Grants and Aids). S.E. ACCEPTANCE OF A RIGHT- OF-WAY DEED /46 S.W. 9TH AVENUE: Approve and accept a right -of -way deed from the Community Redevelopment Agency providing for a 2 -foot dedication of right -of -way for the alley parallel to S.W. 9th Avenue at 46 S.W. 9th Avenue. 8.F. VOTE PROCESSING EQUIPMENT USE AND ELECTIONS SERVICES AGREEMENT: Approve a Vote Processing Equipment Use and Election Services Agreement between the Palm Beach County -Supervisor of Elections and the City for conducting municipal elections. 8.G. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.H. SPECIAL _EVENT REOUEST /SAVOR THE AVENUE: Approve and endorse Savor the Avenue, sponsored by Florida Table Magazine and supported by the Downtown Development Authority, to be held on March 24, 2011 from 5:30 p.m. to 8:30 p.m.; to grant a temporary use permit per LDR Section 2.4.6(F) for closure and use of Atlantic Avenue from Swinton to the west side of N.E. /S.E. 5th Avenue from 2 p.m. until 10:00 p.m.; and to authorize staff support for security, barricading, use of a City owned portable generator and banner hanging with banners to be hung no sooner than 14 days prior to the event; contingent upon receipt of a certificate of event and alcohol liability insurance and an executed Hold Harmless Agreement by March 10, 2011. 8_I. CONSULTING AGREEMENTILANGTON ASSOCIATES, INC.: Approve a Consulting Agreement with Langton Associates, Inc. for grant consulting services. Funding is available in 001 - 1111- 511 -34.90 (Operating Expenses -Misc /Other Contractual Service). 3 12/14/10 8_J. THIS ITEM WAS MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. 8.K. AWARD OF BIDS AND CONTRACTS: 1. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A. 2. Purchase award to Action Target in the amount of $53,293.00 for modifications to the firing range which will replace the backstop and upgrade areas demonstrating wear. Funding is available from 334 - 2111- 521 -46.90 (General Construction Fund: Repair & Maintenance Services /Other Repair/Maintenance Costs) and 115- 2112 -521 -49.90 (Special Projects Fund: Other Current Charges). Mr. Eliopoulos moved to approve the Consent Agenda as amended, 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 0 vote. At this point, Mayor McDuffie stated some of the Commission may not have received a revised Agenda and announced that Item 10.A. is not Quasi - Judicial. 9. REGULAR AGENDA: 9.A.A. SPECIAL EVENT REQUEST /2nd ANNUAL CHILLOUNGE NIGHT: Approve a special event request for the-2nd Annual Chillounge Night sponsored by Design O' Fresco Corporation proposed to be held on Saturday, February 5, 2011 from 6:00 p.m. to 11:00 p.m. on the Old School Square Park site, to grant a temporary use permit per LDR Section 2.4.6(F) for portions of N.E. 1 st Avenue, to provide staff support for traffic control and security, EMS services, barricading, trash removal, event signage and a fireworks show; contingent upon the conditions of approval listed in the staff report. Commissioner Frankel stated this was a great event and well done; however, he heard that some people were not paid in a timely manner or they were not paid at all last year. The City Manager stated the City received a check in August 2010. Mr. Frankel moved to approve Item 9.A.A. (formerly Item 8.G.), seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 9.A.A.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS (ITEM 8.J.D.)_ Accept the actions and decisions made by the Land Development Boards for the period December 6, 2010 through December 10, 2010. 4 12/14/10 Commissioner Eliopoulos declared a conflict of interest and stepped down from the dais. Paul Dorling, AICP, Director of Planning and Zoning, stated this is an office building that was approved on North Federal Highway south of the new street the City put in. Mr. Dorling stated it is an appealable item and was approved by the Site Plan Review and Appearance Board Mr. Frankel moved to approve Item 9.A.A.A. (formerly Item 8.J.D.), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed with a 4 to 0 vote. 9.A.A.A.A. Contract award to Chaz Equipment Company, Inc. in the amount of $29,310.00 for the rehabilitation of Building Lift Station #50's wet well. Funding is available from 442- 5178 - 536 -68.53 (W & S Renewal & Replacement Fund/Improvements Other/Wet Well Rehabilitation Building LS): Victor Majtenyi, Deputy Director of Public Utilities, stated this item is a contract award to Chaz Equipment in the amount of $29,310.00 for relocation of Lift Station #50 Upper Wet Well. Mr. Majtenyi stated the award is based on a solicitation through Sewpercoat (manufacturer). He stated there is an existing ten year warranty on the lift station and staff received prices from all the Sewpercoat applicators in the State of Florida and one from Georgia. Mr. Majtenyi stated staff has one response from Chaz Equipment. Mr. Eliopoulos commented about staff receiving only one response especially in this economy and asked if staff believes because it was a small contract for the mobilization or is it just speculation on that part. Mr. Majtenyi stated he can only speculate based on the fact that the other vendors were Tampa, around Gainesville, and the other one was Georgia that the contractor in Wellington probably had because mobilization, had the edge on it. Mr. Eliopoulos stated on this contract it makes sense because you do not want to lose the warranty, etc. and asked how many parts are out there. Mr. Majtenyi stated the Sewpercoat is the preferred product that they have had it in the specification design standards but staff will go out to bid again and look at other alternatives as they come in. Mr. Eliopoulos moved to approve Item 8.K.1. (Item 9.A.A.A.A.), 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. 9.A. WAIVER REQUEST /338 N.E. 1sT AVENUE: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.5.1(E)(9)(a), "Open Air Spaces ", to allow an encroachment into the building height plane for 338 N.E. 1St Avenue. (Quasi- Judicial Hearing) 12/14/10 Mayor McDuffie read the City of Delray Beach procedures for a Quasi - Judicial Hearing into the record for this item and all subsequent Quasi - Judicial items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel, Mrs. Gray, and Mayor McDuffie stated they had no ex parte communications to disclose. Mr. Eliopoulos stated he received an email from Stuart and Shelby asking if this was going to be on the Agenda. Mr. Fetzer had no ex parte communications to disclose. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2011 -005 into the record. Mr. Dorling stated this item is an approval of a waiver to LDR Section 4.5. 1 (E)(9)(a) which allows encroachment into the front setback of an open air first and second floor front porch. The site is located at 338 N.E. 1St Avenue and is a vacant parcel and there will be a new structure to be proposed. Mr. Dorling stated the design guidelines within a historic district create a line referred to as a Building Height Plane (BHP) and allows this line at the ratio when you have open porch features otherwise the line forces the structure back from the front setback to mitigate the mass of the structure. Mr. Dorling reiterated that if it is open air porches it allows a closer encroachment to the front setback. He stated the waiver is for a small portion which is in the "no build zone" and is basically just the roof overhang of that open air porch. At its meeting of November 17, 2010, the Historic Preservation Board (HPB) considered this as part of a Certificate of Appropriateness (COA) and recommended approval of the COA and the waiver request. Mr. Dorling stated the required findings under LDR Section 2.4.7(B)(5) for the waiver are made in the staff report and this encroachment into the Building Height Plan (BHP) is minimal and primarily consists of the roof plane associated with the second story feature. Mr. Dorling stated it is noted that this encroachment is minor and that there are additional historic properties along the subject streetscape which are actually located closer to N.E. 1St Avenue then this proposal itself. With the required findings made, staff recommends approval at this time. Chuck Halberg, Stuart and Shelby Development, 205 George Bush Boulevard, Delray Beach, FL 33444, stated the homeowners are new residents to Delray Beach and they are looking to make this their permanent home. Mr. Halberg stated this historic home is going to be a great added addition to this neighborhood. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the waiver request. There being no one from the public who wished to address the Commission, the public hearing was closed. G 12/14/10 The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Eliopoulos moved to adopt the Board Order as presented, seconded by 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 0 vote. 9.B. BONUS PAYMENT TO JCD SPORTS GROUP, INC.: Consider approval of FY 2009/2010 bonus payments to JCD Sports Group, Inc. for both golf operations in the amount of $14,316.00 and for Tennis Center operations in the amount of $6,345.00. Funding is available from 445- 4711 -572 -34.90 (Delray Beach Municipal Golf Course Fund /Other Contractual Service), 446 - 4711 -572 -34.90 (Lakeview Golf Course /Other Contractual Service), 001 - 4215 -575 -34.90 (General Fund /Operating Expenses- Miscellaneous /Other Contractual Service) and 001 - 4210 -575 -34.90 (General Fund: Operating Expenses -Misc /Other Contractual Service). The City Manager stated the current contract with JCD Sports Group provides for bonus payments if certain goals are met and those goals are established in advance by the City Commission and the bonuses are calculated based on the extent to which the goals have been met. The City Manager stated staff received a request from JCD Sports Group for their bonus payment this year and in the backup memo it explains how that was calculated and how the different criteria were scored. Therefore, staff recommends approval of the payment for the Delray Beach Golf Club $11,430.00; for Lakeview Golf Club $2,886.00; for Tennis Operations $6,345.00. Mrs. Gray moved to approve the bonus payment to JCD Sports Group, Inc., 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.C. ALTERNATE SITE PLAN APPROVAL FOR THE 4th ANNUAL DOWNTOWN DELRAY BEACH CRAFT FESTIVAL: Consider approval to rescind the approved site plan for the 4th Annual Downtown Delray Beach Craft Festival being held on December 26 -27, 2010, and approve an alternate plan. The City Manager stated there were some issues that came up with the previous Howard Alan Event where the access to the parking garage in the condominium got blocked. Staff requests to rescind the previous site plan and approve an alternate site plan to ensure that this does not happen again. Mr. Frankel moved to approve the alternate site plan for the 4th Annual Downtown Delray Beach Craft Festival held on December 26 -27, 2010, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Eliopoulos — Yes; Mr. 7 12/14/10 Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed with a 5 to 0 vote. 9.D. OFFER OF SETTLEMENT: ERIC J. GRUBER v. OLD SCHOOL SQUARE & CITY OF DELRAY BEACH: Consider an offer from Eric J. Gruber to settle his complaint against Old School Square, Inc. and the City of Delray Beach. Terrill Pyburn, Assistant City Attorney, stated this is a case alleging that the City violated the plaintiff's first amendment rights by asking him to stop drumming on Old School Square grounds. Ms. Pyburn stated he is suing both the City of Delray Beach and Old School Square. He has requested that either party (Old School Square or the City of Delray Beach) pay $5,000.00 and both party release a press release addressing nine (9) points as stated in his letter dated of November 29, 2010 which was submitted to the Commission as backup for this agenda item. Staff recommends denial of this offer. Mr. Eliopoulos moved to deny the offer of settlement with Eric J. Gruber v. Old School Square and the City of Delray Beach, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes. Said motion to DENY the settlement was passed with a 5 to 0 vote. 9.E. SETTLEMENT AGREEMENT: TIMOTHY CULANE v. CITY OF DELRAY BEACH: Consider a settlement agreement in the amount of $20,000.00 in the claim of Timothy Culhane against the City of Delray Beach. Brian Shutt, Assistant City Attorney, stated staff recommends approval of this settlement. Mr. Shutt stated this is a case that involves one of the Police Department volunteers who was involved in an accident with Mr. Culhane where Mr. Culhane incurred some medical expenses and the settlement is for $20,000.00. Staff recommends approval of the settlement in the amount of $20,000.00 subject to the City receiving the appropriate releases from the plaintiff. Mrs. Gray moved to approve the Settlement Agreement in the amount of $20,000.00 in the claim of Timothy Culhane against the City of Delray Beach subject to the City receiving the appropriate releases from the plaintiff, seconded by Mr. Eliopoulos. 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. 9.F. APPOINTMENT TO THE BOCA RATON AVIATION ADVISORY COMMITTEE: Appoint one (1) regular member to the Boca Raton Aviation Advisory Committee to serve a two (2) year term ending May 31, 2012. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). Mr. Fetzer moved to appoint Barry Gauch as a regular member to the Boca Raton Aviation Advisory Committee to serve a two (2) year term ending May 31, 2012, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. 8 12/14/10 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. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint one (1) alternate member to the Financial Review Board to serve an unexpired term ending July 31, 2011. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). Mr. Frankel moved to appoint Alberta Gaum- Rickard to serve an unexpired term ending July 31, 2011, seconded by Mr. Eliopoulos. Prior to the roll call, Mr. Fetzer stated he does not feel it is appropriate to have a City employee on the Board. Mrs. Gray concurred with comments expressed by Mr. Fetzer. Mr. Frankel stated he would like to withdraw his appointment to appoint Alberta Gaum - Rickard. Mr. Frankel moved to appoint Laura Reines as an alternate member to the Financial Review Board to serve an unexpired term ending July 31, 2011, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 6:28 p.m., the Commission moved to Item 11, Comments and Inquiries on Non - Agenda Items from the City Manager and the Public. H.A. . City Manager's response to prior public comments and inquiries. With regard to the concern about homeless people in the Lake Ida neighborhood, the City Manager stated Tom Meeteer, Code Enforcement Supervisor, met with the Pastor of Cason United Methodist Church on December 10, 2010, at her residence (220 N.W. 7h Street) and found no provisions of outreach services to the public. Pastor Mobley does have a female person living in her house providing domestic services and this female has a male friend who walks over to the house to visit on occasion. Pastor Mobley provided Mr. Meeteer with a tour of the house and grounds and he did not see any code violations. The City Manager stated it appears that the presence of the female guest and her company may be the cause of residents' perception that sometimes services are being offered at the residential unit. Pastor Mobley was cooperative and apologized for any confusion. Secondly, with regard to the comment about Sazio's signage, the City Manager stated staff is still in the process of investigating that to determine whether a violation exists. E 12/14/10 11.13. From the Public. 11.B.1. Dr. Victor Kirson, 2050 Alta Meadows Lane #2110, Delray Beach, FL_ 33444 (Tierra Verde at Delray Beach), wished everyone a Merry Christmas and a Happy and Healthy New Year. At this point, the time being 6:32 p.m., the Commission moved to Item 13, Comments and Inquiries on Non - Agenda Items from the City Manager, City Attorney and the City Commission. 13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. 13.A. City Manager The City Manager had no comments and inquiries on non - agenda items. 13.8. City Attorney The City Attorney had no comments and inquiries on non - agenda items. 13.C. City Commission 13.C.I. Mr. Frankel Mr. Frankel stated he received emails about Deck 84 and the noise. The City Manager stated Code Enforcement is investigating and contacting the owners. Secondly, Mr. Frankel stated he just flew in from San Francisco as part of a conference and the Fire Chief from the Fire Department in New York Richard Picciotto gave an amazing speech yesterday about his experience with the World Trade Center. Mr. Frankel stated it was one of the most moving speeches about how he was trapped and tried to save people. Lastly, Mr. Frankel stated he is sorry he missed the Holiday Parade and hopes it was a huge success. 13.C.2. Mrs. Gray Mrs. Gray stated the Christmas Parade was awesome and thanked Mr. Barcinski and staff for extending the parade to 51h Avenue. Mrs. Gray stated it was a great night and the next morning the streets were clean and beautiful and she thanked Clean & Safe for doing an awesome job cleaning up. Secondly, Mrs. Gray thanked Patsy Nadal, Purchasing Manager, and Amy Robinson, Senior Buyer, for conducting and putting together the Small Minority Business Workshop and stated it was great. Mrs. Gray stated there was approximately 30 -40 small 10 12/14/10 business and minority owners there and Lula Butler, Director of Community Improvement and County Commissioner Priscilla Taylor also helped facilitate the Workshop and did an awesome job. Lastly, Mrs. Gray thanked everyone who has sent her holiday cards. 13.C.3. Mr. Eliopoulos Mr. Eliopoulos commented about the noise issue at Deck 84 and stated he is glad that staff is looking into this. Secondly, Mr. Eliopoulos stated the Holiday Parade was a great success. He stated the Commission received emails the next morning about how clean the streets were. Mr. Eliopoulos asked if staff can look to see when the Planning and Zoning Department is going to come back with something for the South Federal Highway Redevelopment Plan. The City Manager stated the Planning and Zoning staff is planning on holding public input meetings in February. Lastly, Mr. Eliopoulos stated with regard to the New Century project he asked if staff could look at how we want to be looking at the determination of how we feel mixed uses are. 13.C.4. Mr. Fetzer Mr. Fetzer stated he was very happy to see Deck 84 open where the old Busch's was located and feels this is a beautiful location for this restaurant. He stated the noise has been a concern at Old Calypso and the residents around there are going to be very sensitive to this and he is glad to hear that Code Enforcement is working on that issue. Mr. Fetzer stated one of the emails he received talked about that they heard there was going to be a patio extension to actually extend it further outside. The City Manager stated as far as granting any additional extensions to Deck 84's patio it would have to go through the Site Plan Review and Appearance Board (SPRAB). Mr. Fetzer reiterated that he is happy to see a new restaurant there but he feels we have to be sensitive to the concerns of the residents nearby. Secondly, Mr. Fetzer stated he was very glad to see how successful the holiday parade was and the weather was beautiful. He stated this was the first year the City extended the parade to 5th Avenue and since it was successful he would like to see this done next year as well. The City Manager stated the only issues were Fire Station access into the parade and then in lining up, some of the units still got back into the residential neighborhoods. Lastly, Mr. Fetzer wished everyone a wonderful holiday season. 11 12/14/10 13.C.5. Mayor McDuffie Mayor McDuffie commended everyone who worked on the Holiday Parade and stated extending the parade to 5th Avenue was a good idea. He stated what amazed him was the size of the parade compared to last year. Mayor McDuffie thanked the Chamber of Commerce, the consulting staff and everyone involved because it was a great parade. Secondly, Mayor McDuffie stated the Chamber of Commerce Holiday Party was also a good event. Mayor McDuffie stated he enjoyed the Chairman's Club get together last night at the Seagate Hotel and Spa. He stated he attended the Office Depot Foundation's Holiday Party at the Boca Raton Hotel and Club as a representative of the City. Mayor McDuffie stated over the past several years the Foundation has donated $1.2 million to the City of Delray Beach. Mayor McDuffie stated the keynote speaker was so articulate and gave an eloquent speech. Mayor McDuffie stated the keynote speaker graduated from college, received his master's and doctorate and went to work in corporate America and left there because of the childhood he remembered in Africa. Mayor McDuffie stated he now runs a foundation that provides shoes to kids. Mayor McDuffie stated in Africa if a child is cut on the foot it can turn into infections and the kids are in contact with animal feces, etc. on the ground and kids die from not having shoes. Mayor McDuffie stated his goal is to give away ten million pairs of shoes in Africa. Mayor McDuffie stated he was an incredible speaker and noted that he is also going into all underdeveloped nations to provide shoes to kids. Mayor McDuffie stated one of the other things he does is to make peace with people is he washes people feet. He had these two leaders get together who were warring each other and had each of them wash the other's feet. Mayor McDuffie stated he missed about 99% of the Boat Parade because he was running from the Office Depot Foundation party to get back up to Delray Beach to see the parade but heard it went well. Mayor McDuffie commented about the emails he received regarding Deck 84 and noted that Code Enforcement is taking care of this. Mayor McDuffie stated at the January 11, 2011 Workshop Meeting Howard Schnellenberger (FAU's Head Football coach) and several of the FAU staff would like to talk to the Commission regarding the future plans for the stadium and the athletics at FAU and the City's partnership with FAU and the future things that FAU does for the City of Delray Beach, Mayor McDuffie stated it is going to be a great part of our community having the new stadium. Mayor McDuffie stated at the Chairman's Club someone suggested that to help reduce some of the costs to the City have people take over the maintenance of the 12 12/14/10 parks for the Adopt a Park Program. He stated the City already has this program in place but we just need to sell it to a few more organizations in town. At this point, Mrs. Gray asked the City Manager if staff is going to have the Levitt Pavilion on a Workshop Meeting soon. The City Manager stated they need to work through things with Old School Square first of all. Mrs. Gray concurs with Commissioner Fetzer that we need to look at how we can prevent employees as well as non -profit groups from being on the Financial Review Board. The City Manager stated this is something staff can look at and see how it would be appropriate to accomplish that. At this point, the time being 5:49 p.m., the Commission took a short break. At this point, the time being 7:00 p.m., the Commission reconvened and moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 18 -10: Consider approval of a city - initiated annexation (via the provisions of the executed Agreement for Water Service and Consent to Annexation) for the Marketplace of Delray, located at the northwest corner of West Atlantic Avenue and Military Trail. The caption of Ordinance No. 18 -10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED AT THE NORTHWEST CORNER OF MILITARY TRAIL AND WEST ATLANTIC AVENUE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 18 -10 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. 13 12/14/10 Ron Hoggard, AICP, Principal Planner, stated this is an annexation of the Marketplace of Delray property which is a 30.26 shopping center on N.W. corner of Atlantic Avenue and Military Trail and noted this annexation is pursuant to a voluntary annexation clause and a water service agreement was executed in 2002. Mr. Haggard stated within that agreement the City stated that they would not annex the property until after January 15, 2010. Therefore, Mr. Hoggard stated staff is coming in now for annexation of this and it is also subject to a Future Land Use Map Amendment and a concurrent rezoning from County to City rezoning. He stated in terms of annexation, the shopping center will be responsible to pay an additional $145,000.00 in taxes and $163,000.00 a year in taxes will be to the City after the annexation. Staff sent a letter to Palm Beach County and they have no objection to the annexation. At its meeting of July 19, 2010, the Planning and Zoning Board held a public hearing regarding the annexation, rezoning, and FLUM amendment. Some members of the public questioned the need for the City to annex the property now given the current economic times. Also, the owner of the Ugly Mug Bar was concerned about the operating hours because he is open until 5:00 a.m. and serves alcohol until 5:00 a.m. and that is not allowed in the City. Mr. Hoggard stated that item was addressed in the annexation ordinance which allows them to operate under those hours for twenty years. Staff amended the annexation ordinance to add an additional clause in Section 7 and noted there is an existing gas station that is currently vacant and it will be non- conforming because gas stations are not allowed so they will have 180 days to reoccupy the gas station but will more than likely convert it to another use. Mr. Hoggard stated within the LDRs there is a minimum square footage of 4,000 square feet and staff added Section 7 which reduces that requirement to 2,000 square feet for that parcel only because it is currently only 800 square feet and will now become more conforming with the change unless they develop the whole shopping center and then everything has to be conforming. Mr. Hoggard stated staff recommends approval and positive findings are made as set forth in LDR Section 2.4.5(C)(4) as outlined in the attached staff report and complies with *Florida Statute Chapter 171. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission, the public hearing was closed. Mr. Eliopoulos commented about the hours of operation for the Ugly Mug Bar and the hours of operation and asked if they close down for a certain period of time does that still stay in affect or is it just granted with that building. The City Attorney stated he believes it would be granted with that building and they are allowed 20 years. Mr. Eliopoulos moved to adopt Ordinance No. 18 -10 on Second and FINAL 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 McDuffie — Yes. Said motion passed with a 5 to 0 vote. 14 12/14/10 Mayor McDuffie stated if anyone from the public would like to speak on either Item 10.B., Ordinance No. 43 -10 or Item 10.C., Ordinance No. 20 -10, to please come forward and be sworn in by the City Clerk. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on the following items. Mayor McDuffie read the City of Delray Beach procedures for a Quasi - Judicial Hearing into the record for this item and all subsequent Quasi - Judicial items. 10.B. ORDINANCE NO. 43 -10 (SECOND READING /SECOND PUBLIC HEARING): City initiated rezoning from County CG (General Commercial) to City PC (Planned Commercial) for the Marketplace of Delray, located at the northwest corner of West Atlantic Avenue and Military Trail. (Quasi - Judicial Hearing) The caption of Ordinance No. 43 -10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING INITIAL CITY ZONING OF PC (PLANNED COMMERCIAL); SAID LAND LOCATED AT THE NORTHWEST CORNER OF MILITARY TRAIL AND WEST ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "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. 43 -10 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no exparte communications to disclose. Ron Hoggard, AICP, Principal Planner, entered the Planning and Zoning Department project file #2010 -149 into the record. Mr. Hoggard stated this is a City- initiated rezoning from County CG (General Commercial) to City PC (Planned Commercial) for the Marketplace of Delray, located at the northwest corner of West Atlantic Avenue and Military Trail. 15 12/14/10 At its meeting of July 19, 2010, the Planning and Zoning Board recommended approval and positive findings are made as outlined in the staff report per LDR Section 2.4.5(D)(5) which states that there is a change in circumstances and the City is annexing the property and this is similar intensity to the County zoning, and is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 3.1.1. and 3.2.2. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission, the public hearing was closed. Mr. Eliopoulos moved to adopt Ordinance No. 43 -10 on Second and FINAL Reading, seconded by Mr. Frankel. 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. 10.C. ORDINANCE NO. 20 -10: Consider approval of a privately initiated rezoning from RM (Medium Density Residential) to GC (General Commercial) for Lintoo Development, located at the northwest corner of Linton Boulevard and S.W. 4t` Avenue. (Quasi - Judicial Hearing) The caption of Ordinance No. 20 -10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL LOCATED AT THE NORTHWEST CORNER OF LINTON BOULEVARD AND SW 4TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "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. 20 -10 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Ron Hoggard, AICP, Principal Planner, entered the Planning and Zoning Department project file #2010 -157 into the record. 16 12/14/10 Mr. Hoggard stated this property consists of twelve (12) parcels totaling 7.08 acres and is currently undeveloped. The rezoning will go from City RM (Medium Density Residential) to GC (General Commercial). Mr. Hoggard stated there is a FLUM (Future Land Use Map) Amendment and a Comprehensive Plan text amendment that will limit the Floor Area Ratio to 0.36 on this parcel. At its meeting of July 19, 2010, the Planning and Zoning Board recommended approval. Mr. Hoggard stated positive findings are made for LDR Sections 2.4.5(D)(5), 3.1.1., and 3.2.2. Staff recommends approval of the ordinance. Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Alan Ciklin, Attorney representing the applicant, stated the site was annexed into the City in 1988 and in 2005 was given a multi - family zoning designation. Mr. Ciklin stated Linton Boulevard has grown up as a major commercial thoroughfare and it is surrounded by major commercial and industrial uses. Mr. Ciklin stated to the north and the west are some residential uses and they are a considerable distance away but during the site plan approval process they will make a special effort to mitigate any impacts that a development would have on those with walls, buffers, and screens. Mr. Ciklin stated to the immediate west is the Fire Station and on all major sides is either the Fire Station, commercial, and industrial. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission, the public hearing was closed. Christina Morrison Pearce, 2000 S. Ocean Boulevard #307, Delray Beach, FL 33483 (Delray Beach Club) , speaking as a'commercial realtor she urged the Commission to support this change. Ms. Pearce stated if you look at the way Linton Boulevard has been developed since this zoning was put into place in 1988, it would really be an unsafe use to keep that RM in place because there is so much heavy traffic and high speed travel on that road to have cars coming in and out of residential development at that intersection would be very dangerous. Ms. Pearce stated this change in use is much more functional in future years. Mrs. Gray moved to adopt Ordinance No. 20 -10 on Second and FINAL Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray -- Yes; Mayor McDuffie — Yes; Mr. Fetzer — Yes. Said motion passed with a 4 to 0 vote. 10.D. ORDINANCE NO. 17 -10: (SECOND READING /ADOPTION HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2012:1h Consider approval and adoption of Comprehensive Plan amendment 2010 -1 including the following text changes. A. Text Amendments: 17 12/14/10 i. City - initiated: Capital Improvement Element - Update the City's Five -Year Capital Improvements Schedule (Table CI -CIP) to reflect adoption of the FY201 1 -FY2015 Capital Improvements Program. ii. City- initiated: Capital Improvement Element - Update the City's Reclaimed Water Capital Improvement Schedule (Table RW- CIP) to reflect adoption of the FY2011- FY2015 Capital Improvements Program. iii. City - initiated: Capital Improvement Element - Update the Palm Beach County School District's Capital Improvement Schedule (Table SD -CIP) to reflect adoption of its FY2011- FY2015 Capital Improvements Program. iv. City - initiated: Capital Improvement Element - Update the General Fund Revenue and Expenditure 5 -Year Forecast Table. V. City - initiated: Capital Improvement Element - Update the Pledgeable Revenue Matrix Table. vi. City initiated: Capital Improvement Element - Update the Debt Summary Table. vii. City - initiated: Conservation Element - Modification of Objective E -1 and Policy E -1.1, dealing with the Green Task Force, to reflect new name (Green Implementation Advancement Board) and expanded Board purpose. viii. City - initiated: Future Land Use Element - Modification of Policy A -1.4 to extend the time frame for completion of a study on economic development issues from FY08/09 to FYI 1/12. ix. City - initiated: Future Land Use Element - Modification of Policy A -1.10 to extend the time frame for evaluating the need for establishing design guidelines for the Congress Avenue Corridor and the Four Corners Overlay District from FY08 /09 to FYI 0/11. X. City - initiated: Future Land Use Element - Modification of Policy A -1.11 to extend the time to develop a marketing plan to attract new business and promote redevelopment of the Congress Avenue corridor from FY08/09 to FY10 /11. xi. City - initiated: Future Land Use Element - Modification of Policy A -2.5 to extend the time frame for analysis of the Land Development Regulations, dealing with nonconforming uses, from FY08 /09 to FYI 1/12. xii. City - initiated: Future Land Use Element - Modification of Policy C -1.4 to extend the time frame for evaluating the need for establishing design guidelines for the North Federal Highway corridor from FY08/09 to FY10 /I 1. 18 12/14/10 xiii. City - initiated: Future Land Use Element - Modification of Policy C -1.12 to extend the time frame for completion of a Redevelopment Plan for the South Federal Highway from FY08 /09 to FYI 0/11. xiv. City- initiated: Future Land Use Element - Modification of Policy C -1.13 to extend the time frame for completion of a Redevelopment Plan for Linton Boulevard, from I -95 to Federal Highway, from FY08 /09 to FY10 /11. xv. Privately- initiated: Future Land Use Element - Modification of the description of the GC (General Commercial) Future Land Use designation to identify specific uses and intensities (FARs) for development within a proposed overlay district for the Lintco property on the north side of Linton Boulevard, west of S.W. 4th Avenue. xvi. Privately initiated: Future Land Use Element - Modification of the description of the GC (General Commercial) Future Land Use designation to identify specific uses and intensities (FARs) for development within a proposed overlay district for Waterford located east of I -95, south of Linton Boulevard. xvii. City - initiated: Housing Element - Deletion of Policy B -3.3 (Completed). xviii. City - initiated: Transportation Element - Modification of Policy A -1.8 to extend the time frame for investigation of the feasibility of implementing an impact fee or other system for assessment of new development to fund operation of the downtown roundabout shuttle service from FY08/09 to FY10 /11. xix. City - initiated: Transportation Element - Modification of Objective A -8 to extend the time frame for development of a program to encourage street trees for green linkages from FY08 /09 to FY10 /11. xx. City - initiated: Transportation Element - Modification of Policy D -2.4 to extend the time frame for adoption of a bicycle network plan for the city from FY09 /10 to FYI 1/12. xxi. City- initiated: Transportation Element - Modification of Policy D -3.1 to extend the time frame for completion of surveys and analysis to determine the issues and needs for employer based TDM activities, including but not limited to ride sharing, van pooling, and flexible work hours, from FY09 /10 to FY 10/11. xxii. City - initiated: Transportation Element - Modification of Policy D -3.5 to extend the time frame to determine the operational feasibility and grant funding requirements necessary to provide 19 12/14/10 shuttle service to meet and greet all trains at the station from FY08/09 to FY10 /11. B. Future Land Use Ma Amendments: i. City initiated Future Land Use Map amendment from County Commercial High with an underlying residential of 8 units per acre (CH/8) to City GC (General Commercial), for the Marketplace of Delray, located at the northwest corner of West Atlantic Avenue and Military Trail. ii. Privately initiated Future Land Use Map amendment from MD (Medium Density Residential 5 -12 du/ac) to GC (General Commercial) for Lintco Development, located at the northwest corner of Linton Boulevard and S.W. 4h Avenue. iii. Privately initiated Future Land Use Map Amendment from TRN (Transitional) to GC (General Commercial) for a 4.58 acre parcel located within Waterford, located between I -95 and Lindell Boulevard, south of Linton Boulevard and north of Audubon Boulevard. The caption of Ordinance No. 17 -10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2010 -1, PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT ", FLORIDA STATUTES SECTION 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2010 -1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The copy of Ordinance No. 17 -10 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Ron Hoggard, AICP, Principal Planner, stated this ordinance was before the City Commission for a first reading on August 17, 2010 and recommended that staff 20 12/14/10 send this to the Florida Department of Community Affairs (DCA) for review. Mr. Hoggard stated the State did not issue an (Objections, Recommendations, and Comments (ORC) Report on the Comprehensive Plan Amendment. Mr. Hoggard stated staff has a few minor changes from what will be adopted and those are outline in the staff report. At its meeting of July 19, 2010, the Planning and Zoning Board and recommended approval with the exception of Breezy Acres; at its meeting of August 16, 2010, the Planning and Zoning Board held a public hearing regarding the Breezy Acres Future Land Use Map Amendment, which was tabled at its July 19, 2010 meeting, and several additional items initiated by the City Commission on August 3, 2010. These additional items included text amendments "d ", "e ", "f' and "p ", and Future Land Use Map Amendment "c ". The Planning and Zoning Board recommended that the City Commission add these items to Comprehensive Plan Amendment 2010 -1. Formal public notice was provided to all property owners within a 500' radius of the subject properties for the three FLUM amendments. Mr. Hoggard briefly reviewed the Future Land Use Map Amendments (i.e. Marketplace of Delray, Lintco Development, and Waterford). Positive findings with respect to the Future Land Use Element Policy A -1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan are given in the staff report. Staff recommends approval. Mayor McDuffie declared the public hearing open. Joel Harmatz, 2058 Alta Meadows Lane #2505, Delray Beach, FL 33444, read a brief statement into the record regarding the Future Land Use Map Amendment (FLUM) and noted that the FLUM is a research tool. Patrick Clark, 2058 Alta Meadows Lane, Delray Beach, FL 33444, (lives at Tierra Verde), read a brief statement into the record regarding Waterford. Mr. Clark is strongly opposed to the rezoning of the area for general commercial use and noted that his property is less than 60 feet from the distance of the proposed development. He urged the Commission to deny the applicant's request and stated there is no demonstrated need for another commercial building and there will be a substantial impact on taxpaying homeowners in Tierra Verde. Dr. Victor Kirson, 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (past President of the Board of Directors of Tierra Verde at Delray Beach), stated when this first started a notice was sent out from Planning and Zoning and there were eight people interested in it. Dr. Kirson stated he called a special meeting to discuss this to hear their concerns and nine people came to the meeting and noted that Tierra Verde has approximately 600 -650 residents. Dr. Kirson stated he does not feel they are going to build anything on this parcel. He stated if we give them the one -third increase in the size of the building they still have to compensate with roads and parking. Dr. Kirson stated they legally have access to build a small hotel and legally have access to Alta Meadows Lane. He stated this should be aired out when an actual proposal is made but 21 12/14/10 he feels there is never going to be a proposal because it cannot be done on that small piece of property. Alan Ciklin, Attorney representing the property owner, stated he believes there is some confusion over what they are asking for. Mr. Ciklin stated this site is already zoned for a 78 room hotel which is an existing use and the zoning was there for the hotel before 2005. Mr. Ciklin stated anyone who thought they would forever look at a vacant site was incorrect; the zoning has been approved. He stated as part of the SAD (Special Activities District) zoning it already allows for retail commercial development but that retail commercial development has limitations such as limited to 10,000 square foot buildings and 2,000 square foot users. Mr. Ciklin stated the reason that the property owner has requested a land use plan amendment is to allow the property to be attractive to more substantial type of users rather than the 2,000 square foot "moan and pop" users which Delray and many other cities have a lot of and often tend to not be able to sustain financial ups and downs. Mr. Ciklin stated that they are hoping with the flexibility of a more substantial type of user that they can avoid that. Mr. Ciklin stated whatever use comes here it will have to go through the SAD amendment process and the SAD amendment process is the kin to a rezoning and they would have to come back before the Commission for that. He stated they will meet with the residents to make sure that they understand the use and that they do everything to mitigate that use to make sure that access and buffers are acceptable. Patrick DeRosier. President of the Board of Directors for Tierra Verde, stated he heard about his neighbor Mr. Harmatz's objections to this situation and he concurs with his assessment of the negative impact of the Tierra Verde community. Mr. DeRosier stated those two buildings on the right -hand side are within 100 feet of the edge of the property and if they plan to develop something it will border right up against that. He urged the Commission to turn this down and the only thing he feels would possibly be appropriate in the future is a hotel. Mr. DeRosier stated there are access problems and having tractor trailers come in and out on that road could potentially be a dangerous situation because there are many families with children and pets. There being no one else from the public who wished to address the Commission regarding Ordinance No. 17 -10, the public hearing was closed. Mr. Hoggard stated this transitional designation already allows all of the retail types of uses; office uses, the hotel, the residential. He stated the change to the GC designation allows is more flexibility with the building sizes. Mr. Hoggard stated the time to look at compatibility with the existing development is going to be during the site plan process which wrapped into the SAD modification as a rezoning process and the access and buffers, etc. should be done then. Mr. Hoggard stated that Mr. Harmatz commented that the zoning and the land use not being compatible, SAD in the City's Comprehensive Plan is compatible with all land use designations. Mr. Frankel thanked everyone for coming out to speak this evening. He stated what he is understanding is that a yes or no vote will not really address the 22 12/14/10 residents future concerns. Mr. Frankel stated any building would have to go through the site plan process and the City Commission. He stated he will support this and deal with the issues that the residents have brought up in the future. Mrs. Gray stated this is already zoned for commercial and although she understands the concerns of the residents she believes because it is already zoned for commercial that we need to give them some more flexibility so that they can do what is right for this property. 'Mr. Fetzer stated he is sensitive to the residents that have spoken against this tonight. He stated this is not a rezoning but is a process to allow additional flexibility of what could be proposed there but that would all have to through a complete SAD amendment process and site plan review. Mr. Fetzer stated he feels that is the time to address the proposed concerns rather than at this point with a Comprehensive Plan. Mayor McDuffie thanked everyone for coming out this evening. He stated all property comes with setbacks. Mayor McDuffie stated any property that comes up against your property line so 60 feet into something and then having another building sitting there is not going to happen. He stated every development is required to put a buffering in between themselves and the residential. Mayor McDuffie stated this will have to go through a thorough site plan review and appearance board process. After the Site Plan Review and Appearance Board get done with it then it will come back before the Commission. Mayor McDuffie stated it is zoned SAD now and is going to be zoned SAD when the Comprehensive Plan goes through. Therefore, Mayor McDuffie stated he will support this as well. , Mr. Frankel moved to adopt Ordinance No. 17 -10 (Adoption Hearing for the Comprehensive Plan Amendment 2010 -1), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes. Said motion passed with a 4 to 0 vote. 10.E. CONSOLIDATED ANNUAL PERFORMANCE AND APPRAISAL REPORT (CAPERS Consider approval of the 2009 -2010 Consolidated Annual Performance and Evaluation Report required by the United States Department of Housing & Urban Development (HUD) for utilization of federal grant funds. Nigel Roberts, Neighborhood Service Administrator, stated the Consolidated Annual Performance and Evaluation Report (CAPER) serves to met performance requirements by the Department of Housing and Urban Development (HUD). The CAPER covers the period of October 1, 2009- September 30, 2010 for reporting on HUD- sponsored activities as specified in the City's 2009 -2010 Action Plan. The 09 -10 CAPER further serves as an update on the goals and objectives identified in the City's Consolidated Strategic Plan (2005 -2010) five year plan. Staff recommends approval of the CAPER for the rating period of October 1, 2009 through September 30, 2010 to meet the performance reporting requirements of the Department of Housing and Urban Development (HUD). 23 12/14/10 Mayor McDuffie declared the public hearing open. There being no one who wished to address the Commission regarding the Consolidated Annual Performance and Appraisal Report, the public hearing was closed. Mrs. Gray moved to approve the Consolidate Annual Performance and Evaluation Report (CAPER) for October 1, 2009- September 30, 2010, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray -- Yes. Said motion passed with a 5 to 0 vote. 10.F. RESOLUTION NO. 65 -10 /CONTRACT FOR THE SALE OF PROPERTY/3740 LANCEWOOD PLACE: Consider approval of Resolution No. 65- 10 authorizing the City to sell Neighborhood Stabilization Program property to Lana Ritz in the amount of $212,000.00 and provide subsidy up to $50,000.00 secured by promissory note and second mortgage located at 3740 Lancewood Place. The caption of Resolution No. 65 -10 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO SELL REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 65 -10 is on file in the City Clerk's office.) Nigel Roberts, Neighborhood Services Administrator, stated staff recommends approval of Resolution No. 65 -10 authorizing the City to sell Neighborhood Stabilization Program Property located at 3740 Lancewood Place to Lana Ritz in the amount of $212,000.00 and provide subsidy up to $50,000.00 secured by promissory note and second mortgage. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 65 -10, the public hearing was closed. Mr. Eliopoulos asked how it works with the HUD regulations with regard to purchasing and selling the property. Mr. Roberts stated the Neighborhood Stabilization Program has strict rules when it comes to what you can resell the property for. This property cannot be sold for more than what the property was purchased for and rehabbed for. Mr. Roberts stated the City purchased this property for $135,000.00 and sold it for $212,000.00 to a good citizen and some properties in this neighborhood are 24 12/14/10 selling in the amount $230,000.00 and up right now. Mr. Frankel moved to approve Resolution No. 65 -10, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed with a 5 to 0 vote. 10.G. RESOLUTION NO. 66 -10: TRANSFER OF PROPERTY AT 3619 AVENUE MONTRESSOR: Consider approval of Resolution No. 66 -10 authorizing the City to transfer property located at 3619 Avenue Montressor to the Community Land Trust (CLT) for affordable housing. The caption of Resolution No. 66 -10 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO TRANSFER REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 66 -10 is on file in the City Clerk's office.) Nigel Roberts, Neighborhood Services Administrator, stated the City of Delray Beach has entered into agreement with the Delray Beach Community Land Trust to assist the City with the resale and neighborhood stabilization program properties to single family households with incomes less than 120% of median income. Staff recommends approval of Resolution No. 66 -10 authorizing the City to transport property located at 3619 Avenue Montressor to the Community Land Trust (CLT) for affordable housing. Mrs. Gray moved to approve Resolution No. 66 -10, seconded by Mr. Frankel. 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. 11. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. 25 12/14/10 12. FIRST READINGS: A. None At this point, the time being 6:32 p.m., the Commission moved to Item 13, Comments and Inquiries on Non - Agenda Items from the City Manager, City Attorney and the City Commission. 13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. 13.A. City Manager The City Manager had no comments and inquiries on non - agenda items. 13.11. City Attorney The City Attorney had no comments and inquiries on non - agenda items. 13.C. City Commission 13.C.1. Mr. Frankel Mr. Frankel stated he received emails about Deck 84 and the noise. The City Manager stated Code Enforcement is investigating and contacting the owners. Secondly, Mr. Frankel stated he just flew in from San Francisco as part of a conference and the Fire Chief from the Fire Department in New York Richard Picciotto gave an amazing speech yesterday about his experience with the World Trade Center. Mr. Frankel stated it was one of the most moving speeches about how he was trapped and tried to save people. Lastly, Mr. Frankel stated he is sorry he missed the Holiday Parade and hopes it was a huge success. 13.C.2. Mrs. Gray Mrs. Gray stated the Christmas Parade was awesome and thanked Mr. Barcinski and staff for extending the parade to 5th Avenue. Mrs. Gray stated it was a great night and the next morning the streets were clean and beautiful and she thanked Clean & Safe for doing an awesome job cleaning up. Secondly, Mrs. Gray thanked Patsy Nadal, Purchasing Manager, and Amy Robinson, Senior Buyer, for conducting and putting together the Small Minority Business Workshop and stated it was great. Mrs. Gray stated there was approximately 30 -40 small business and minority owners there and Lula Butler, Director of Community Improvement and County Commissioner Priscilla Taylor also helped facilitate the Workshop and did an awesome job. F 12/14/10 Lastly, Mrs. Gray thanked everyone who has sent her holiday cards. 13.C.3. Mr. Ehonoulos Mr. Eliopoulos commented about the noise issue at Deck 84 and stated he is glad that staff is looking into this. Secondly, Mr. Eliopoulos stated the Holiday Parade was a great success. He stated the Commission received emails the next morning about how clean the streets were. Mr. Eliopoulos asked if staff can look to see when the Planning and Zoning Department is going to come back with something for the South Federal Highway Redevelopment Plan. The City Manager stated the Planning and Zoning staff is planning on holding public input meetings in February. Lastly, Mr. Eliopoulos stated with regard to the New Century project he asked if staff could look at how we want to be looking at the determination of how we feel mixed uses are. 13.C.4. Mr. Fetzer Mr. Fetzer stated he was very happy to see Deck 84 open where the old Busch's was located and feels this is a beautiful location for this restaurant. He stated the noise has been a concern at Old Calypso and the residents around there are going to be very sensitive to this and he is glad to hear that Code Enforcement is working on that issue. Mr. Fetzer stated one of the emails he received talked about that they heard there was going to be a patio extension to actually extend it further outside. The City Manager stated as far as granting any additional extensions to Deck 84's patio it would have to go through the Site Plan Review and Appearance Board (SPRAB). Mr. Fetzer reiterated that he is happy to see a new restaurant there but he feels we have to be sensitive to the concerns of the residents nearby. ,'Secondly, Mr. Fetzer stated he was very glad to see how successful the holiday parade was and the weather was beautiful. He stated this was the first year the City extended the parade to 5fh Avenue and since it was successful he would like to see this done next year as well. The City Manager stated the only issues were Fire Station access into the parade and then in lining up, some of the units still got back into the residential neighborhoods. Lastly, Mr. Fetzer wished everyone a wonderful holiday season. 13.C.5. Mayor McDuffie Mayor McDuffie commended everyone who worked on the Holiday Parade and stated extending the parade to P Avenue was a good idea. He stated what 27 12/14/10 amazed him was the size of the parade compared to last year. Mayor McDuffie thanked the Chamber of Commerce, the consulting staff and everyone involved because it was a great parade. Secondly, Mayor McDuffie stated the Chamber of Commerce Holiday Party was also a good event. Mayor McDuffie stated he enjoyed the Chairman's Club get together last night at the Seagate Hotel and Spa. He stated he attended the Office Depot Foundation's Holiday Party at the Boca Raton Hotel and Club as a representative of the City. Mayor McDuffie stated over the past several years the Foundation has donated $1.2 million to the City of Delray Beach. Mayor McDuffie stated the keynote speaker was so articulate and gave an eloquent speech. Mayor McDuffie stated the keynote speaker graduated from college, received his master's and doctorate and went to work in corporate America and left there because of the childhood he remembered in Africa. Mayor McDuffie stated he now runs a foundation that provides shoes to kids. Mayor McDuffie stated in Africa if a child is cut on the foot it can turn into infections and the kids are in contact with animal feces, etc. on the ground and kids die from not having shoes. Mayor McDuffie stated his goal is to give away ten million pairs of shoes in Africa. Mayor McDuffie stated he was an incredible speaker and noted that he is also going into all underdeveloped nations to provide shoes to kids. Mayor McDuffie stated one of the other things he does is to make peace with people is he washes people feet.. He had these two leaders get together who were warring each other and had each of them wash the other's feet. Mayor McDuffie stated he missed about 99% of the Boat Parade because he was running from the Office Depot Foundation party to get back up to Delray Beach to see the parade but heard it went well. Mayor McDuffie commented about the emails he received regarding Deck 84 and noted that Code Enforcement is taking care of this. Mayor McDuffie stated at the January 11, 2011 Workshop Meeting Howard Schnellenberger (FAU's Head Football coach) and several of the FAU staff would like to talk to the Commission regarding the future plans for the stadium and the athletics at FAU and the City's partnership with FAU and the future things that FAU does for the City of Delray Beach. Mayor McDuffie stated it is going to be a great part of our community having the new stadium. Mayor McDuffie stated at the Chairman's Club someone suggested that to help reduce some of the costs to the City have people take over the maintenance of the parks for the Adopt a Park Program. He stated the City already has this program in place but we just need to sell it to a few more organizations in town. 28 12/14/10 At this point, Mrs. Gray asked the City Manager if staff is going to have the Levitt Pavilion on a Workshop Meeting soon. The City Manager stated they need to work through things with Old School Square first of all. Mrs. Gray concurs with Commissioner Fetzer that we need to look at how we can prevent employees as well as non-profit groups from being on the Financial Review Board. The City Manager stated this is something staff can look at and see how it would be appropriate to accomplish that. There being no further business, Mayor McDuffie declared the meeting adjourned at 7:59 p.m. 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 December 14, 2010, which Minutes were formally approved and adopted by the City Commission on January 4, 2011. City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 29 12/14/10 I j F pu�c��t .,�c;rce <: °c:: la ac texiouity krct em , r. andardsT the 11 pane: ( P . to two tptt€ FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME — MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE V-1 4­ 1 !•:.— 1 n_1___ it ---1% 04"r i nxmn i cal nn MAILING ADDRESS CITY COUNTY Delray Beach, Florida 33444 Palm Beach DATE ON WHICH VOTE OCCURRED 12/14/2010 THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH l SERVE IS A UNIT OF: X$CITY ❑ COUNTY O OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: City of Delray Beach MY POSITION IS: ELECTIVE l7 APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this fort before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or foss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he ar she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate_ Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). rr s x x x x * x x x x w • x * x ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict. PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, 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 INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 813 -EFF.1 /2000 Item 8-J.D. = item 9.A.A.A. PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the 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 Gary Eliopoulos , hereby disclose that on December 14 2010 (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; XX inured to the special gain or loss of my business associate, Kupi Eliopoulos Architecture ; inured to the special gain or loss of my relative, _ inured to the special gain or loss of by whom I am retained; or i inured to the special gain or loss of _ which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: 12/14/2010 Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 112000 PAGE 2 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME.- MIDDLE NAME I NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE MAILING ADDRESS 205 Georgg -Bush Boulevard CITY COUNTY Delray Beach, Florida, 33444 Palm Beach DATE ON WHICH VOTE OCCURRED 12/14/2010 THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: 'CITY ❑ COUNTY D OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: MY WHO MUST FILE FORM 813 ELECTIVE D APPOINTIVE This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112,3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position, For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate_ Commissioners of community redevelopment agencies under Sec. 163.356 or 163.367, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law, A "business associate' means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, 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 INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 112000 Item 10. C. PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating, • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the 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, Gary Ellopoulos hereby disclose that on December 14 '2010 (a) A measure came or will come before my agency which (check one) %R inured to my special private gain or loss; ____ inured to the special gain or loss of my business associate, r inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special.gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Architect -- GE Architecture, Inc. 12/14/2010 Date Filed by which NOTICE: UNDER PROVISIONS- OF FLORIDA STATUTES §992.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE . CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 9!2000 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME - MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Elio oulos Gary Delrav Beach City Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 205 George Bush Boulevard WHICH I SERVE IS A UNIT OF: CITY COUNTY 70 CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY Delra-y Beach, Florida 33444 Palm Beach NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED I City of Delra Beach MY POSITION 1S: 12/14/201(? X ELECTIVE © APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, .council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F,S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother-in-law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange)_ ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS; Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, 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 INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 112000 Item 10.D. PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed_ IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the 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, Gary Eliopoulos , hereby disclose that on December 14 (a) A measure came or will come before my agency which (check one) XKK inured to my special private gain or loss; inured to the special gain or loss of my business associate, ____ inured to the special gain or loss of my relative, — inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Architect -- GE Architecture, Inc. 12/14/2010 Date Filed 0 20.10 by which I NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A f CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF_ 112000 PAGE 2