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12-13-05 Minutes Commissioner Jeff Perlman DECEMBER 13, 2005 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, December 13, 2005. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Rita Ellis Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Williams Stokes with St. Paul’s Episcopal Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4.AGENDA APPROVAL. Item 9.A., Conditional Mayor Perlman stated there is a request to move Use Request/Spin 2 WinItem 9.K. to the end of the Regular Agenda as Also, Mayor Perlman stated there is a revised Interlocal Agreement for Item 8.J., Interlocal Agreement with Palm Beach County/Barwick Road. Mr. Levinson moved to approve the Agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes. Said motion passed with a 5 to 0 vote. 5.APPROVAL OF MINUTES: ? NONE 6.PROCLAMATIONS: ? NONE 12/13/05 7.PRESENTATIONS: ? NONE 8.CONSENT AGENDA: City Manager Recommends Approval. 8.A. FINAL BOUNDARY PLAT APPROVAL/ROYAL ATLANTIC st PLAT: Approve the boundary plat for Royal Atlantic Plat, located on S.E. 1 Avenue, south of Atlantic Avenue. 8.B.FINAL SUBDIVISION PLAT APPROVAL/COLONY PALMS: Approve the subdivision plat for Colony Palms (AKA Atlantic Palms), a forty-five (45), fee-simple, townhouse development, located on the south side of West Atlantic Avenue, approximately 140 feet east of Whatley Road. 8.C. RESOLUTION NO. 88-05: Approve Resolution No. 88-05 assessing costs for action necessary to remove junked and/or abandoned vehicles from four (4) properties throughout the City. The caption of Resolution No. 88-05 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (The official copy of Resolution No. 88-05 is on file in the City Clerk’s Office.) 8.D. INTERLOCAL AGREEMENT/PALM BEACH COUNTY/ROOTS CULTURAL FESTIVAL: Approve an Interlocal Agreement with Palm Beach County which provides that the County will reimburse the City up to $12,500.00 for expenses incurred by the City for the “Summer Days of Roots-Festival on the Square” Event held in July/August, 2005. - 2 - 12/13/05 8.E. PURCHASE ORDER INCREASE/BOYD STUART BOGGESS: Approve an increase of $10,350.00 to purchase order #630780, Boyd Stuart Boggess, for the completion of repairs to the parapet roof entryway at Fire Station #1. Funding is available from 334-6112-519-46.10 (General Construction Fund/Renewal & Replacement/Building Maintenance). 8.F. RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Ratify the reappointment of Mark Krall as the Planning & Zoning Board Representative for a two (2) year term ending July 1, 2007. 8.G.FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT/ LATITUDE: Authorize the City to act as the utility permit applicant for water and sanitary sewer service connections within the state right-of-way for Latitude, located at the northwest corner of US 1 and Lindell Boulevard; and approve a hold harmless agreement with the developer (Savion Holdings, LLC). 8.H. SERVICE AUTHORIZATION NO. 7/MATHEWS CONSULTING, INC.: Approve Service Authorization No. 7 to Mathews Consulting, Inc. in the amount of $41,171.00 for consulting services required for the development of the Temple Park Site as a neighborhood park. Funding is available from 380-4150-572-63.23 (2004 G.O. Bond/Neighborhood Parks). 8.I. AMENDMENT TO LICENSE AGREEMENT/AMERICA’S CITY ENTERTAINMENT, LLC: Approve an amendment to the License Agreement with America’s City Entertainment, LLC to extend the time period for booking the first two (2) events to the end of February. 8.J. INTERLOCAL AGREEMENT/PALM BEACH COUNTY/BARWICK ROAD: Approve an Interlocal Agreement with Palm Beach County which provides for the County to reimburse the City $12,500.00 for the installation of approximately 580 lineal feet of curbing along the west side of Barwick Road. Funding is available from 334-3162-541-68.02 (General Construction Fund/Barwick Road). 8.K. CHANGE ORDER NO. 2/FINAL PAYMENT/WESTCHESTER FIRE INSURANCE COMPANY: Approve Change Order No. 2 in the amount of a $9,027.99 decrease and final payment of $7,820.17 to Westchester Fire Insurance Company for the completion of the Retention Ponds Project. Funding is available from 448-5470-538-65.58 (Stormwater Utility Fund/S.W. Area Improvements). 8.L. AGREEMENT/NON-PROFIT ACADEMY/EXECUTIVE SERVICE CORPS OF SOUTHEAST FLORIDA (ESC): Approve an agreement with Executive Service Corps of Southeast Florida, Inc. (ESC) in an amount not to exceed $37,500.00 to supply presenters, equipment, supplies, and coordination of workshop training for the nd City’s 2 Non-Profit Academy. Funding is available from 001-6311-559-82.21 (General Fund/Aid to Private Organizations/NRI). - 3 - 12/13/05 8.M. INTERLOCAL AGREEMENT/PALM BEACH COUNTY/WEED & SEED PROJECT: Approve an Interlocal Agreement with Palm Beach County which provides that the Palm Beach County Criminal Justice Commission will provide $100,000.00 for “seeding” projects for the City’s Weed & Seed Program; and approve receipt of the funding. th 8.N. SPECIAL EVENT REQUEST/HOWARD ALAN 17 ANNUAL th DOWNTOWN ART FESTIVAL: Approve a special event request for the 17 Annual Downtown Art Festival sponsored by Howard Alan Events, Ltd. to be held on January 21 and 22, 2006, granting a temporary use permit per LDR Section 2.4.6(H) for street th closure of Atlantic Avenue, east of N.E./S.E. 6 Avenue east to Salina, and Vittoro’s parking lot for vendor parking; authorize staff to apply for the FDOT street closure permit; authorize staff support for security and traffic control, barricading, and permit an event sign to be erected on Atlantic Avenue just east of I-95 ten (10) days prior to the event with the sponsor paying all overtime costs. 8.O. RESOLUTION NO. 89-05 AND RESOLUTION NO. 90-05: Approve and accept additional Resolution No. 89-05 and Resolution No. 90-05 in the Countywide Fire Dispatch case at the recommendation of outside council. The caption of Resolution No. 89-05 is as follows: A RESOLUTION OF THE CITY OF DELRAY BEACH AUTHORIZING, PURSUANT TO SECTION 125.01(6)(a), FLORIDA STATUTES, A PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY PERTAINING TO THE FUNDING OF ITS COUNTYWIDE DISPATCH SERVICES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING AN EFFECTIVE DATE (The official copy of Resolution No. 89-05 is on file in the City Clerk’s Office.) The caption of Resolution No. 90-05 is as follows: A RESOLUTION OF THE CITY OF DELRAY BEACH STATING THE CITY’S INTENT TO INITIATE THE CONFLICT RESOLUTION PROCEDURES OF CHAPTER 164, FLORIDA STATUTES, REGARDING A CONFLICT WITH PALM BEACH COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 90-05 is on file in the City Clerk’s Office.) - 4 - 12/13/05 8.P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period December 5, 2005 through December 9, 2005. 8.Q.AWARD OF BIDS AND CONTRACTS: ? NONE Ms. McCarthy moved to approve the Consent Agenda, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes. Said motion passed with a 5 to 0 vote. 9.REGULAR AGENDA: 9.A.THIS ITEM HAS BEEN MOVED TO THE END OF THE REGULAR AGENDA AS ITEM 9.K. 9.B.CONDITIONAL USE REQUEST/LEGACY BANK OF FLORIDA: Consider a request to allow the establishment of a financial institution, Legacy Bank of th Florida, within the Central Business District (CBD), located on the west side of N.E. 5 th Avenue 284 feet north of Atlantic Avenue (50 N.E. 5 Avenue), formerly occupied by (Quasi-Judicial Hearing) the Washington Mutual Bank. Mayor Perlman read into the record the City of Delray Beach procedures for a Quasi-Judicial Hearing 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 Perlman asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2005-343 into the record. Mr. Dorling stated the subject property consists of Lots 9 and 10, Block 100 of the Town of Delray subdivision. The property is within the Central Core area of the Central Business District (CBD) and contains a 3,076 square foot one-story building that was constructed in 1986 and served as a bank (formerly the Great Western Bank). The bank included four drive-through lanes along the Neil Macmillan at the time of the construction of the bank. The use of the property ceased on December 3, 2003. The conditional use request includes the elimination of the 9 off-site parking spaces and reconfiguration of the drive-through lanes and installation of angled parking spaces along the west side of the property. The use falls within the category of Financial Institutions, e.g., banks and similar institutions, and requires conditional use approval pursuant to LDR Section 4.4.13(D)(5). - 5 - 12/13/05 At its meeting of November 21, 2005, the Planning and Zoning Board held a public hearing in conjunction with the Conditional Use request. After discussing the proposal, the Board unanimously voted 7-0 to recommend approval of the conditional use for a financial institution known as Legacy Bank of Florida based on positive findings with respect to the Comprehensive Plan and meets criteria set forth in Section 2.4.5(E), 4.4.13(D)(5), and Chapter 3 of the LDR’s, subject to the conditions outlined in the attached staff report. Jason Mankoff, Attorney with Weiner & Aronson, P.A., 102 N. Swinton Avenue, Delray Beach, representing the applicant stated they adopt the findings in the staff report and accept the conditions of approval. Mayor Perlman 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. There being no one from the public who wished to give testimony on this item, the public hearing was closed. Mrs. Ellis moved to approve the conditional use request to establish Legacy Bank of Florida , subject to staff findings and subject to finding “yes” in all the requirements of the Board Order, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes. Said motion passed with a 5 to 0 vote. 9.C.CONDITIONAL USE MODIFICATION REQUEST/ARNST OCEAN AUTOMOTIVE: Consider a request to allow the expansion of the existing automobile repair use by constructing a new 5,075 square foot building for Arnst Ocean Automotive, located on the west side of North Congress Avenue, approximately 800 feet st (Quasi-Judicial Hearing) north of N.W. 1 Street. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning project file #2005-366 into the record. Mr. Dorling stated this is a conditional use modification to expand an existing automotive repair use to accommodate an additional building and new use on the site (220 N. Congress Avenue). The proposed use falls within the category of “automobile, paint, body and repair shops”, which requires conditional use approval in the MIC (Mixed Industrial & Commercial) Zoning District. - 6 - 12/13/05 At its meeting of November 21, 2005, the Planning and Zoning Board held a public hearing in conjunction with the request and no one from the public spoke. After discussing the proposal, the Board voted 7-0 to recommend approval of the conditional use modification subject to conditions. Jason Mankoff, Attorney with Weiner & Aronson, P.A., 102 N. Swinton Avenue, Delray Beach, representing the applicant stated they agree with the staff report and its findings in addition to accepting all the conditions of approval. Mayor Perlman stated if anyone from the public would like to speak in favor or in opposition of the conditional use modification request, to please come forward at this time. There being no one from the public who wished to give testimony on this item, the public hearing was closed. Mrs. Archer moved to adopt the conditional use modification request for Arnst Ocean Automotive subject to staff findings and subject to finding “yes” in all the requirements of the Board Order, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes; Mr. Levinson – Yes. Said motion passed with a 5 to 0 vote. 9.D.REQUEST FOR IN-LIEU PARKING SPACES/CITYWALK: Consider a request from Citywalk at Pineapple Grove for the purchase of six (6) in-lieu parking spaces utilizing an In-Lieu of Parking Fee Agreement. Citywalk is located at 200 nd (Quasi-Judicial Hearing) N.E. 2 Avenue (Pineapple Grove Way). Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Scott Aronson, Parking Management Specialist, stated Citywalk, located nd at 200 N.E. 2 Avenue (Pineapple Grove Way) has submitted a Class III site plan modification for the conversion of a total 1,813 square feet of retail space to restaurant and the addition of 300 square feet of outdoor dining in the courtyard area along Pineapple Grove Way. Mr. Aronson stated in November 2004, this project was approved with four in-lieu parking spaces. The developer could have met all of the parking requirements by just having retail on the ground floor through the direction of several of the Boards they were asked to have a restaurant component. The applicant is requesting the purchase of six (6) in-lieu parking spaces at a cost of $6,000 each for a total of $36,000. Furthermore, the applicant is opting to enter into an In-Lieu of Parking Fee Agreement to pay in installments pursuant to LDR Section 4.6.9(E)(3)(d), the first of which would be 50% ($18,000) at the signing of the agreement with two (2) subsequent nd payments of 25% ($9,000 each) due on the 2 and 3rd anniversaries of the agreement. - 7 - 12/13/05 At its meeting of October 5, 2005, the Community Redevelopment Agency recommended approval with a 6-1 vote (Lewis dissenting). At its meeting of October 10, 2005, the Downtown Development Authority unanimously recommended approval. At its meeting of October 19, 2005, the Pineapple Grove Main Street Board recommended approval; at its meeting of November 22, 2005, the Parking Management Advisory Board (PMAB) unanimously recommended approval. Staff recommends approval of the request. Lenny Smith, Porten Companies, 666 South Military Trail, Deerfield Beach, stated they are committed to have a restaurant at Citywalk and as they started having conversations with possible tenants for the restaurant, Morgan Russell (partner in charge of locating the tenant) was finding that the space was not enough and was not going to be adequate for the kind of tenant they feel should be in this space. Mrs. Archer asked if this is the only restaurant space in the building. In response, Mr. Aronson stated the remainder of the plan at this point is devoted to retail. Mrs. Archer asked if the space to the north can be reconverted back to a restaurant space. Mr. Aronson stated they would have to come through another Class III site plan modification and would have to come before the PMAB for approval because this would require additional parking spaces. Prior to the vote, Mayor Perlman stated he supports the request for the in- lieu parking and stated Citywalk has been successful from a sales perspective. However, he stated there is still not a lot of pedestrian traffic on this street and it needs some attention. Mayor Perlman stated the restaurants bring pedestrians down the street which allows for the retail in his opinion to be successful. Also, he stated in an urban environment people will park a few blocks away if they have to and will walk particularly if there is something to draw them. Mayor Perlman stated the in-lieu parking fees need to be higher because it is not enough to create the parking. Mrs. Archer stated she supports this request as well mostly because there is still nothing in this area to draw people down this street. She expressed concern that she does not want the rest of the space to go into restaurants because we do need to preserve the retail. Mrs. Archer moved to approve the request from Citywalk for the purchase of six (6) in-lieu spaces and associated in-Lieu of Parking Fee Agreement by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Section 4.6.9(E) of the LDR’s, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes. Said motion passed with a 5 to 0 vote. Item 9.G. At this point, the Commission moved to - 8 - 12/13/05 9.G.INTERLOCALAGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA): Consider approval of an Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) allowing the City to begin demolition and st utility relocation work on property just east of Old School Square, south of N.E. 1 Street, and west of Pineapple Grove Way. Mayor Perlman declared a conflict of interest, passed the gavel to Vice Mayor Levinson and stepped down from the dais. The City Attorney stated this is an Interlocal Agreement that was drafted to make sure the momentum for the parking garage at Old School Square keeps on track and so that the City could proceed with certain demolition (if necessary) to locate utilities and things the City can do without disturbing the tenants who have until February 28, 2006 to leave the building. The City Attorney stated this is an authorization by the Community Redevelopment Agency (CRA) to allow the City to do this and noted the CRA is the owner of the property until the tenants leave. Ms. McCarthy moved to approve the Interlocal Agreement between the City of Delray Beach and the Community Redevelopment Agency (CRA) allowing the City to begin demolition and utility relocation work on property just east of Old School Square, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis – Yes; Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes. Said motion passed with a 4 to 0 vote. 9.H. PROPOSAL FOR SETTLEMENT IN AYALA v. CITY OF DELRAY BEACH: Consider a Proposal for Settlement in the amount of $100,000.00 in Ayala v. City of Delray Beach. Staff recommends denial. At this point, Mayor Perlman returned to the dais. The City Attorney stated this case arises from a rear-end collision in which a City pickup truck struck the rear of the Plaintiff’s vehicle as it was stopped for a red light. She stated staff recommends denial of the settlement offer. Mr. Levinson moved to deny the Proposal for Settlement in the amount of $100,000.00 in Ayala v. the City of Delray Beach, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. DENIED McCarthy – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes. Said motion was with a 5 to 0 vote. 9.I.APPOINTMENTS TO THE POLICE ADVISORY BOARD: Approve and appoint eleven (11) members (five (5) regular members for two-year terms and six (6) regular members for three-year terms) to the Police Advisory Board as recommended by the Mayors Advisory Committee on R.A.C.E. (Relationship between Authorities, Citizens, and Experts); and authorize the two (2) final positions to be designated for Youth appointments. - 9 - 12/13/05 Lula Butler, Director of Community Improvement, stated staff recommends appointing the list of residents and business owners as recommended by the Mayor’s committee on race relations. Staff recommends that the City Commission approve and appoint eleven (11) members to the Police Advisory Board and authorize the two (2) final positions to be designated for Youth appointments as recommended by the Mayor’s Committee on R.A.C.E. Relations. Mrs. Archer asked if staff could solicit applications from those individuals who might be youth participating in some of the City’s Police programs at Atlantic High School. She stated she knows it is difficult to get the students interested and willing to attend some of the meetings because of their busy schedules. Mrs. Butler stated she feels this is an excellent idea. Mr. Levinson stated since this is a citywide board and it had specific recommendations from the committee with regard to majority/minority, he would like to see the breakdown of the demographics of the eleven (11) recommended people before he votes on this. He stated it is very important to have citywide representation in as many ways as we can and noted that this is a very important board and has a position of incredible trust. Mr. Levinson stated there appears to be no Haitian member on the Task Force and he would like to ensure that they appropriately responded to the community and that they have the proper breakdown for the group. Ms. McCarthy stated the criteria that was requested was designed by this committee and feels we do have representation of most nationalities that are in the City of Delray Beach. She stated after reviewing the applications and knowing their addresses and professions, the committee was looking for people in certain businesses and requested that people be of different minorities within the city. Ms. McCarthy stated she supports the list that the committee has taken the time to put together and bring forward to the Commission because they felt that it actually satisfied the outline that they wanted from applicants. Mrs. Archer concurs with the comments expressed by Ms. McCarthy and stated the R.A.C.E. Relations Committee put in a great deal of time into this and she is in favor of supporting the list as it stands. Prior to the vote, Mr. Levinson stated he would like to see the name Joseph Ferrer removed from the list. Mr. Levinson stated he understands that one of the candidates did remove his name voluntarily from the list prior to the voting and the other did not. In addition, Mr. Levinson stated he would like the name Charles Ridley removed from the list. He stated this Board should have the trust and full faith of the community and expressed concern that Mr. Ridley has demonstrated that he violated the trust of the community and believes this is problematic for a citywide board with such significant importance. Mayor Perlman stated Mr. Fetzer withdrew his name because of his candidacy of the election and the others did not. Mayor Perlman stated he is not - 10 - 12/13/05 comfortable with this either because he feels it provides for inherit conflicts. However, he will honor what the R.A.C.E. Relations Committee had recommended. The City Attorney stated this is potentially a dual office holding issue. She has advised some candidates that there is a “resign to run” statute that a candidate must adhere to if they are going to hold two offices. She stated it is her understanding of this committee that it makes recommendations and it is not binding. Therefore, the City Attorney stated in her opinion this particular seat would not be an “office”. The City Attorney stated state law provides that it is possible to be a member of this board as well as sit on the City Commission. However, in the City’s ordinances unless called for, one cannot serve on two boards unless it is provided for and this would be a problem if Mr. Ferrer were elected. Mayor Perlman stated if he sees this being used as a political instrument, then he will seek Mr. Ferrer’s removal from this board. The City Attorney stated from a legal perspective only there is not a violation of any law for this to happen. If however Mr. Ferrer were to be elected, then the Commission would have an issue with the City ordinances to deal with. Mayor Perlman stated he concurs with Mr. Levinson’s concern about there being no Haitian representation and knows the committee did vote for this. Mayor Perlman stated the Haitian community is a large segment of the community that interacts on a regular basis with the Police Department and feels they need to have a voice at the table (i.e. Haitian-American student). Ms. McCarthy moved to approve the list submitted by the R.A.C.E. (Relationship between Authorities, Citizens, and Experts) Relations Committee for the Police Advisory Board, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson – No; Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes. Said motion passed with a 4 to 1 vote, Commissioner Levinson dissenting. 9.J.APPOINTMENTS TO THE EDUCATION BOARD: Appoint one (1) regular member to the Education Board for an unexpired term ending July 31, 2006 and appoint one (1) regular member for an unexpired term ending July 31, 2007. Based upon the rotation system, the appointments will be made by Commissioner Levinson (Seat #3) and Commissioner McCarthy (Seat #4). Mr. Levinson moved to appoint Harold Van Arnem as a regular member to the Education Board for an unexpired term ending July 31, 2006, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes; Mr. Levinson – Yes. Said motion passed with a 5 to 0 vote. - 11 - 12/13/05 Ms. McCarthy stated she would like to defer her appointment to the regular City Commission meeting of January 3, 2006. Item At this point, the time being 6:42 p.m., the Commission moved to 9.E. of the Regular Agenda. 9.E. BONUS PAYMENT TO JCD SPORTS GROUP: Consider approval of FY 2005 bonus payment to JCD Sports Group for golf operations in the amount of $9,045.00 and for Tennis Center operations in the amount of $3,016.40. Funding is available from 445-4711-572-34.90 (Delray Beach Municipal Golf Course Fund/Other Professional Services), 446-4711-572-34.90 (Lakeview Golf Course/Other Professional Services), 001-4215-575-34.90 (General Fund/Tennis Operations/Tennis Center/Other Contractual Services) and 001-4210-575-34.90 (General Fund/Tennis Operations/ Stadium). Robert A. Barcinski, Assistant City Manager, stated this is a request for the Commission to consider a bonus payment to JCD Sports Group. The amount requested by Mr. Dubin is $18,000.00. Mr. Barcinski stated staff has a difference of opinion on what the bonus should be. The actual performance measures would equate to a bonus of $10,843.00. Mr. Barcinski stated he did look at the numbers and recommends a point total which equates to a little over $12,946.40. Brahm Dubin, JCD Sports Group, Inc., disagrees with the recommended bonus amount. He stated JCD Sports Group has been at the Delray Beach Golf Club for 15 years and at Lakeview and the Tennis Center for 10 years and each facility on its own is recognized as one of the best in South Florida. He stated his staff has been the most loyal, dedicated, and likeable anywhere. Mr. Dubin stated JDC Sports Group is always there to resolve problems in an efficient and timely manner and during hurricanes the Delray Beach Golf Club employees can be counted on to show up and serve thousands of meals to City workers although they are faced with the same tragedies everyone else is faced with. He stated he is proposing that less emphasis be placed on golf rounds and golf fees and believes that performance measures should be used as only one quantifiable measure. He believes the City should consider intangibles if they so exist in a particular year to calculate their annual bonus. He stated the City’s recommendations do not adequately take into account factors beyond their control (i.e. hurricanes). Mr. Dubin stated the fall hurricanes of 2004 had a financial impact on all businesses well beyond the first quarter of fiscal year 2005. He stated people have cut spending in many areas and have still not recovered from the hurricanes from one year ago. He stated he is confident that the customers are very happy with their performance and feels the City of Delray Beach is also satisfied with their performance. Mr. Dubin stated the request for an $18,000.00 bonus is reasonable, justifiable, and fair based on the circumstances of the last year. Mr. Levinson stated when the bonus system was reviewed a couple of years ago they tried to create a system where it was a little more objective and a little less subjective. He stated at that time he suggested that everyone look at the net revenues and - 12 - 12/13/05 not the gross revenues. Mr. Levinson stated there would have been ways to do this and achieve the net revenues. He supports staff’s recommendation and stated we have had the risk of hurricanes since the beginning of the contract year. Brief discussion between staff and the Commission followed. Mrs. Archer stated she does not want to penalize the staff that has worked so hard this year because of the hurricane. However, she feels it would be appropriate to review the rating system based upon the fact that more than likely there will be more hurricanes in the upcoming years. Prior to the vote, Mr. Levinson stated this time last year JCD Sports Group, Inc. was granted a bonus and compensated for the storms of 2004. He strongly opposes the bonus payment because he feels they were compensated last year for the storms the year before. This year’s storms which occurred in October 2005 can be compensated for at the end of next year (fiscal year 2005/2006). Mrs. Archer stated she does not feel they should not be compensated because there was not a storm. She reiterated that the rating system needs to be reviewed based upon the possibility of more hurricanes occurring in the future. Mrs. Archer moved to approve that one-third ($2,000) of the difference be added to staff’s recommendation ($14,061.00) for a bonus payment to JCD Sports Group, Inc. for fiscal year 2004/2005, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes; Mr. Levinson – No; Ms. McCarthy – Yes. Said motion passed with a 4 to 1 vote, Commissioner Levinson dissenting. 9.F. FY 2006 PEFORMANCE MEASURES/GOLF COURSES AND TENNIS FACILITIES: Consider approval of proposed performance measures for FY 2006 for the Municipal Golf Course, Lakeview Golf Course, and Tennis Facilities. Robert A. Barcinski, Assistant City Manager, stated this is a request for the proposed changes to the performance measures which would change the point total assignment. Ms. McCarthy stated in looking at the history of this it appears that the City sets a policy and it is negotiated and we take the time to put it in place. She expressed concern that the Commission has taken into consideration hurricanes, when the golf course greens had to be redone and trees had to be moved and they were going to have an off year because of that. Ms. McCarthy suggested that there be a bonus policy that makes sense and stick to it. Mrs. Archer stated employees do put forth a great deal of effort in a different direction during times of extraordinary problems or acts of God. She stated if this does happen, she suggested that there be something in place to appropriately evaluate their performance in that area as well. - 13 - 12/13/05 Brief discussion followed by the Commission. It was the consensus of the Commission to bring the proposed performance measures for fiscal year 2006 back for further consideration. At this point, the time being 7:06 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10.PUBLIC HEARINGS: 10.A.LEASE AND MANAGEMENT AGREEMENT/DELRAY BEACH PUBLIC LIBRARY ASSOCIATION, INC.: Consider approval of a lease agreement, subject to the terms of the Tripartite and Interlocal Agreement which allowed the Library Association the right to purchase the property after 20 years, and management agreement with the Delray Beach Public Library Association, Inc. The City Attorney stated the Library lease is for 99 years and is subject to the terms of the Tripartite and Interlocal Agreement which allowed the Library Association the right to purchase the property after 20 years for One Dollar ($1.00). Mr. Levinson stated with regard to the sale provision there is nothing in the contract for sale and purchase (Exhibit “B”) limiting them other than to approved uses under current zoning and suggested that this be limited to library use only. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding the Library Lease and Management Agreement, the public hearing was closed. Ms. McCarthy asked if any verbiage needs to be added to the agreement should the use change. Mr. Levinson moved to approve the Management Agreement and Lease Agreement with the Delray Beach Public Library Association, Inc., seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Ellis – Yes; Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes. Said motion passed with a 5 to 0 vote. Item 11, Comments and At this point, the Commission moved to Inquiries on Non-Agenda items from the City Manager and the Public. 11.A.City Manager’s response to prior public comments and inquiries. The City Manager had no comments or inquiries on non-agenda items. 11.B.From the Public. The public had no comments or inquiries on non-agenda items. - 14 - 12/13/05 Item At this point, the time being 7:10 p.m., the Commission moved to 12, First Readings. 12.FIRST READINGS: 12.A.ORDINANCE NO. 79-05: Privately initiated amendment to the Land Development Regulations Section 4.6.9, “Off-Street Parking Regulations”, and Appendix “A”, “Definitions”, to establish a parking fee and provide a definition for a public parking facility and programmed public parking facility. If passed, a public hearing will be held on January 3, 2006. The caption of Ordinance No. 79-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, OF THE CITY OF DELRAY BEACH, AMENDING APPENDIX “A”, BY ADDING DEFINITIONS OF A PUBLIC PARKING FACILITY AND PROGRAMMED PUBLIC PARKING FACILITY; AMENDING ARTICLE 4.6, “SUPPLEMENTAL DISTRICT REGULATIONS” OF THE LAND DEVELOPMENT REGULATIONS BY AMENDING SECTION 4.6.9(E), “LOCATION OF PARKING SPACES” BY CREATING A NEW SUBSECTION 4.6.9(E)(4), “PARKING FACILITY PAYMENT” TO ESTABLISH ALTERNATIVE PROVISIONS FOR ACCOMMODATING REQUIRED PARKING, WHEN NOT PROVIDED ON-SITE, PROVIDING FOR RENUMBERING; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 79-05 is on file in the City Clerk’s Office.) The City Attorney read the caption of the ordinance. She stated this ordinance was before the Commission for a first reading and certain changes were made per the suggestion of the City Commission. Therefore, this ordinance is before the Commission at this time for another first reading. Paul Dorling, Director of Planning and Zoning, stated this is an amendment to allow a public parking fee for each parking space not provided on-site by a proposed development which is located within 600 feet of a proposed municipal parking facility. The intent of this amendment is to provide property owners an incentive to assist a governmental entity in the construction of a public parking facility in a manner that is mutually beneficial. The amendment would also maximize shared parking options and - 15 - 12/13/05 minimize both the visual impact and disruptions to the urban fabric of the streetscape caused by expansive and individual surface parking lots. The maximum number of parking spaces subject to the public parking fee is limited to 25% of the total number of required parking spaces for the development. If a public parking facility is not scheduled to be constructed within three (3) years of site plan approval for the development, a minimum of 75% of the parking spaces subject to fees must be constructed in the right- of-way adjacent to the development. These parking spaces will be available to the general public and may not be reserved or dedicated to the proposed development nor credited to meet the required on-site parking. At its meeting of October 17, 2005, the Planning and Zoning Board recommended approval with a 6-0 vote per the condition listed on page two of the City Commission documentation; at its meeting of October 10, 2005, the Downtown Development Authority (DDA) recommended approval of the amendment with the condition that pro-rated annual maintenance fees (based on the number of spaces subject to the fee) should be assessed until such time that the City, at its discretion, begins to charge regular parking fees in the facility, at which time the agreements could be terminated. At its meeting of September 9, 2005, the Chamber of Commerce Local Government Affairs Committee discussed it briefly; at its meeting of September 14, 2005, the West Atlantic Avenue Redevelopment Coalition (WARC) recommended a continuance of the item to enable the board members ample opportunity to review the proposal; at its meeting of September 16, 2005, the Community Redevelopment Agency (CRA) recommended approval subject to conditions listed on page two of the City Commission documentation; at its meeting of October 6, 2005, the Parking Management Advisory Board (PMAB) recommended approval of the ordinance. Pursuant to City Commission direction, the alternate ordinance includes the creation of distinct areas subject to specific fee structures per space. Area 1 is defined as parcels located East of Swinton Avenue and/or Dixie Highway subject to a fee of $18,000 per space, and Area 2, parcels located west of Swinton Avenue and/or Dixie Highway subject to a fee of $16,000 per space. The difference in the fees between the two areas is attributed to the differences in land values. A provision to review the ordinance every two (2) years to assure that the fees are consistent with market conditions has been included. Staff recommends approval of this ordinance. Mr. Levinson stated in the staff report in paragraph 3 the last sentence should read “Additionally, a provision to review the ordinance a minimum of two (2) years to assure that the fees are consistent with market conditions has been included.” th Jeff Costello, New Urban Communities, 398 N.E. 6 Avenue, Delray Beach, stated this would apply to constructed facilities. He stated the way the ordinance was constructed is that there is a cap as to how many spaces could actually be utilized. Mrs. Archer expressed concern if there is a constructed parking facility it is already maxed out with parking. Mr. Costello stated Section (2)(4)(c) of the ordinance states “Within a Programmed Public Parking Facility, a maximum of 25% of the total - 16 - 12/13/05 number of parking spaces provided within the Facility are available to the Public Parking Fee Program.” Ms. McCarthy stated if this ordinance passes and it is applied to an existing garage where agreements were already made, could this take away the public parking that was perceived or agreed to previously. In response, Mr. Dorling stated this applies to municipal garages only. Mr. Levinson moved to approve Ordinance No. 79-05 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 80-05: Rezoning from RO (Residential Office) to RM (Medium Density Residential) for a 0.205 acre portion of the Coda (fka Lighthouse) ststnd property, located south of S.W. 1 Street, between S.W. 1 Avenue and SW 2 Avenue. If passed, a public hearing will be held on January 3, 2006. The caption of Ordinance No. 80-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RESIDENTIAL OFFICE (RO) DISTRICT TO MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT; SAID LAND BEING A PARCEL ST LOCATED ON THE SOUTH SIDE OF SW 1 STND STREET, BETWEEN SW 1 AVENUE AND SW 2 AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2005"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 80-05 is on file in the City Clerk’s Office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated this development proposal is part of a rezoning both RM and RO and includes Lots 11 and 26, and the south 8 feet of Lots 1 through 10, inclusive, Heisley Estates Subdivision, being a Subdivision of the North one-half (N ½) of Block 54, Delray Beach, Florida. The subject property constitutes the southern 0.21 acres of the RO-zoned (northern) portion of the property. - 17 - 12/13/05 Mr. Dorling stated the overall property is proposed to be redeveloped into 36 townhouse units on the area currently zoned RM and two mixed-use buildings, each containing approximately 10,000 square feet of office space; and, two residential loft units each on the area currently zoned RO. At its meeting of September 21, 2005, the City Commission approved a Small-Scale Future Land Use Map amendment from MD to TRN and Rezoning from RM to RO for the north 0.86 acres of the Lighthouse property. These applications were submitted to accommodate the office component of the proposed mixed-use development. The proposed office use is permissible under the proposed RO zoning, but was not allowed under the previous RM zoning. At its meeting of November 21, 2005, the Planning and Zoning Board held a public hearing in conjunction with the RO rezoning request. There was no public testimony in support or opposition of the proposal. After discussing the proposal, the Board voted unanimously to recommend approval. Mrs. Ellis moved to approve Ordinance No. 80-05 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes. Said motion passed with a 5 to 0 vote. 12.C. ORDINANCE NO. 82-05: Privately initiated rezoning request from CBD-RC (Central Business District-Railroad Corridor) to CBD (Central Business District) for the south seven (7) feet of Lot 9, and Lots 10 through 12 inclusive, together with the north thirty-seven (37) feet of Lot 13; lying in Block 78 totaling 0.85 acres, ndstnd located along the west side of S.E. 2 Avenue, between S.E. 1 Street and S.E. 2 Street. If passed, a public hearing will be held on January 3, 2006. The caption of Ordinance No. 82-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CENTRAL BUSINESS DISTRICT – RAILROAD CORRIDOR (CBD-RC) DISTRICT TO CENTRAL BUSINESS (CBD) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE ND WEST SIDE OF SE 2 AVENUE, ST APPROXIMATELY 76 FEET SOUTH OF SE 1 STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2005"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. - 18 - 12/13/05 (The official copy of Ordinance No. 82-05 is on file in the City Clerk’s Office.) At this point, Commissioner McCarthy stepped away from the dais. The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated this is a privately initiated rezoning from CBD-RC (Central Business District – Railroad Corridor) to CBD (Central Business District) for a 0.85 acre site. The 0.85 acre site is within the Railroad Corridor area of the Central Business District (CBD-RC) and contains a one-story 4,410 square foot retail store building built in 1962, a 5,508 square foot warehouse distribution facility built in 1959, and a one-story 1,440 square foot warehouse structure built in 1961. All three structures are to be demolished and replaced with a proposed multiple family residential development known as Atlantic Shores. This development is seeking a height in excess of 48 feet which is currently allowed in the CBD (Central Business District) and not in the CBD-RC. At its meeting of November 21, 2005, the Planning and Zoning Board held a public hearing in conjunction with the rezoning request. There was no public testimony for or against the privately initiated rezoning. After discussing the proposal, the Board unanimously voted 7-0 to recommend approval of the rezoning from CBD-RC (Central Business District – Railroad Corridor) to CBD (Central Business District) for the 0.85 ndst acre site located along the west side of S.E. 2 Avenue between S.E. 1 Street and S.E. nd 2 Street, based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)95) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. The City Attorney stated there is a typographical error in the caption of the ordinance and noted the word “west” after S.E. 2nd Avenue should be deleted. Mr. Levinson moved to approve Ordinance 82-05 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes; Mr. Levinson – Yes. Said motion passed with a 4 to 0 vote. 12.D.ORDINANCE NO. 81-05: City initiated rezoning request from CBD-RC (Central Business District-Railroad Corridor) to CBD (Central Business District) for nd parcels of land totaling 1.25 acres, located on the east and west sides of S.E. 2 Avenue, stnd between S.E. 1 Street and S.E. 2 Street. If passed, a public hearing will be held on January 3, 2006. The caption of Ordinance No. 81-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, - 19 - 12/13/05 REZONING AND PLACING LAND PRESENTLY ZONED CENTRAL BUSINESS DISTRICT- RAILROAD CORRIDOR (CBD-RC) DISTRICT TO CENTRAL BUSINESS (CBD) DISTRICT; SAID LAND BEING PARCELS LOCATED ON THE EAST ND AND WEST SIDES OF SE 2 AVENUE, BETWEEN STND SE 1 STREET AND SE 2 STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2005"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 81-05 is on file in the City Clerk’s Office.) At this point, Commissioner McCarthy returned to the dais. The City Attorney read the caption of the ordinance. She stated there is a typographical error in the caption of the ordinance and noted the word “west” after S.E. 2nd Avenue should be deleted. Paul Dorling, Director of Planning and Zoning, stated this is the balance of the block and is the City initiated portion so that the CBD is squared off. At its meeting of November 21, 2005, the Planning and Zoning Board held a public hearing in conjunction with the rezoning request. After discussing the proposal, the Board unanimously voted 7-0 to recommend approval. Mayor Perlman stated with regard to this item and the previous item, he would like staff to add the Neighborhood Advisory Council (NAC) to the list of those who receive courtesy notices. Mr. Dorling stated NAC does receive courtesy notices; however, the name was inadvertently not included on page seven of the staff report. Mrs. Ellis moved to approve Ordinance No. 81-05 on FIRST Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes. Said motion passed with a 5 to 0 vote. 12.E.ORDINANCE NO. 83-05: Rezoning from AC (Automotive Commercial) to GC (General Commercial) for a 6.28 acre parcel, located on the east side of Federal Highway and the west side of Florida Boulevard (formerly the Ralph Buick Dealership). If passed, a public hearing will be held on January 3, 2006. - 20 - 12/13/05 The caption of Ordinance No. 83-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED AUTOMOTIVE COMMERCIAL (AC) DISTRICT TO GENERAL COMMERCIAL (GC) DISTRICT; SAID LAND BEING A PARCEL LOCATED AT THE NORTHEAST CORNER OF SOUTH FEDERAL HIGHWAY (U.S. HIGHWAY NO.1) AND FLADELL’S WAY (AVENUE “F”), AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2005"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 83-05 is on file in the City Clerk’s Office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated the proposal is to change the zoning designation of the property from AC (Automotive Commercial) to GC (General Commercial). This change in rezoning is to accommodate a mixed use development containing commercial (15,000 square feet and 12,000 square feet office) combined with 75 residential townhomes bordering Florida Boulevard to the east. Under the GC zoning, the residential component of the proposed development will require conditional use approval which is to be submitted if the rezoning is approved. At its meeting of November 21, 2005, the Planning and Zoning Board held a public hearing in conjunction with the GC rezoning request. There were two people from the public that spoke in support of the rezoning and another person supported the rezoning but desired further explanation of what the future mixed use development would include. After reviewing the staff report and discussing the proposal, the Board voted unanimously to recommend approval of the rezoning request to the City Commission, by adopting the findings of fact and law contained in the staff report, and a finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the LDR’s. Mrs. Ellis moved to approve Ordinance No. 83-05 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis – Yes; Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes. Said motion passed with a 5 to 0 vote. Item 13, Comments and At this point, the Commission moved to Inquiries on Non-Agenda Items. - 21 - 12/13/05 13.COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A.City Manager With regard to a concern expressed by Commissioner Ellis over the garbage on the site after the Garlic Fest breakdown, the City Manager stated the site was to be broken down at the end of the day on Monday (the day after the event). Every year there is a garbage problem after this event and a compactor truck was donated to help alleviate this problem. The City Manager stated evidently after City staff finished their cleanup, vendors placed garbage and trash in the right-of-way by the alley instead of using the compactor truck. Staff will work with Nancy Stewart to ensure this does not happen again. With regard to the League of Cities, the City Manager stated Dr. Richard Coletta was reappointed to the Citizens Advisory Committee on Health and Human Services and several appointments were deferred. The City Manager stated if anyone is interested in serving on any of the following committees there is the Citizens Committee on Airport Noise and the Impact Fee Review Committee. He stated Carl McKoy was appointed to the Criminal Justice Commission and Commissioner Levinson was reappointed as a representative on the Treasure Coast Regional Planning Council. Dr. Carmine Priore was appointed to take the seat of Carmela Starace. The City Manager stated he was not at the tree lighting because he was in st Charlotte, North Carolina. He stated the City of Delray Beach received a 1 Place National Award for being the “Digital City” (ranked #1 in population category 30,000- 75,000). He stated he appreciates that he had the opportunity to attend and commented that it was a very nice event. He commented about an email he received from the Town Manager in Highland Beach about an amendment that was passed in the last session of the Legislature for Chapter 175 which provides that where one municipality provides fire protection to another, the protected municipality (in this case Town of Gulf Stream and Highland Beach) can pass along the insurance tax (shifting of money from the State to local government) which helps fund the firefighters pension. There is no net cost increase to the residents because otherwise the State collects it. Mayor Perlman suggested that the firefighters’ pension issue be placed on a Workshop Agenda in January 2006. 13.B.City Attorney The City Attorney had no comments or inquiries on non-agenda items. - 22 - 12/13/05 13.C.City Commission 13.C.1.Mr. Levinson Mr. Levinson stated he had the opportunity to attend the Seacrest Homeowners’ Association Christmas Party and Mayor Perlman presented Scott Christensen with a recognition award. Secondly, he stated he attended the Delray Beach Chorale held at the First Presbyterian Church and it was very professional. Mr. Levinson stated he spoke to the City Manager about dumpsters in the downtown and commented that there are cardboard dumpsters for recycling in the lot next to the library, the City Hall lot, and Vittorio’s lot and these dumpsters are taking up more than the normal space because many times people are not actually putting things in the dumpster. Mr. Levinson stated it is an eyesore to drive up some of the city streets to see these white cardboard dumpsters half in spaces and half out in addition to taking up more than normal space. He suggested that staff look into this matter and see how else we might deal with recycling from the businesses in the downtown. Lastly, Mr. Levinson stated the Treasure Coast Regional Planning Council held a symposium on workforce housing. 13.C.2.Ms. McCarthy Ms. McCarthy stated the tree lighting ceremony was quite enjoyable. Secondly, she stated she attended the Community Development Corporation Appreciation Holiday Party and they actually bring back people who they have helped to become homeowners and these people were present as well. She stated Saturday a playwright (from Germany) and his wife put on a play at Old School Square and she attended with Mrs. Pompey and Ms. Tessie. Ms. McCarthy presented Mayor Perlman with a book entitled “The Night Has Ears” written by Ashley Bryan. Lastly, stated she was a “Principal for A Day” at a local school with Sister Mary Clare and was elected the “Big Cheese” by the first grade. 13.C.3.Mrs. Ellis Mrs. Ellis stated she attended the tree lighting ceremony along with Art & Jazz on the Avenue on Thursday evening and no matter where you looked you could see a sea of people. - 23 - 12/13/05 She commented about the Christmas parade on Saturday night and stated she had a great time. Mrs. Ellis commented about the Employee Appreciation Holiday Luncheon and stated she really enjoyed herself. 13.C.4. Mrs. Archer Mrs. Archer commented about the Employee Appreciation Holiday Luncheon. Secondly, Mrs. Archer stated she was not able to attend the Community Development Corporation Appreciation Holiday party this year and commented she would like to make sure that she receives her calendar with the pictures of the houses on it. Mrs. Archer commented about the tree lighting ceremony and Art & Jazz on the Avenue and stated it was great having both events on the same night. She echoed comments expressed by Commissioner Levinson regarding the Scott Christensen. Lastly, Mrs. Archer wished everyone a Happy Holiday season. 13.C.5. Mayor Perlman Mayor Perlman stated he was invited to American Heritage and the students are studying citizenship. He stated the students welcomed him with a marquee. Secondly, Mayor Perlman stated he and Commissioner Levinson were invited to Pelican Harbor for their annual Christmas party. The residents of Pelican Harbor presented them both with proclamations and thanked the City and the Commission for the hard work during the hurricane recovery. Mayor Perlman stated Captain Musco has been hired as Chief of Police for Green Cove Springs. He stated he had the opportunity on Sunday to attend Bethel Evangelical th Baptist Church (S.W. 8 Avenue) which is celebrating its 25th Anniversary. He stated this Congregation was started by a Haitian-American Pastor who started with 14 families and now has 500 families. Mayor Perlman stated it was broadcast in Haiti, the Bahamas, St. Lucia, and throughout South Florida via radio. He stated it was broadcast that the Police Department in Delray Beach are friends that we have welcomed and engaged. On behalf of the City Commission, Mayor Perlman accepted an award. They also presented an award to the Fire-Rescue Department and the largest award was presented to the City - 24 - 12/13/05 Manager in recognition of his strong leadership and his desire of keeping the city a great place to live. Lastly, Mayor Perlman wished staff and the community a Happy and Healthy New Year and a good holiday season. He thanked everyone for their support over the year and stated he is very excited and looking forward to 2006. In addition, Mayor Perlman gave a brief overview of the projects scheduled for 2006. 9.K.CONDITIONAL USE REQUEST/SPIN 2 WIN: Consider a request to allow the establishment of an adult gaming center to be known as Spin 2 Win within the PC (Planned Commercial) zoning district at the Delray Square Plaza (14570 South Military Trail), pursuant to Land Development Regulations (LDR) Section 2.4.5(E), (Quasi-Judicial Hearing) “Establishment of a Conditional Use”. Chevelle D. Nubin, City Clerk swore in the following individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose their ex parte communications. The Commission had to ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2005-345 into the record. Mr. Dorling stated the conditional use application has been submitted to establish an Adult Gaming Center, to be known as Spin 2 Win, in an existing commercial bay (approximately 2,400 square feet) within the Delray Square Plaza (14570 South Military Trail). The applicant has proposed no modifications to the exterior of the building, landscape areas, or parking areas. The business will accommodate 70 gaming machines, and will operate seven (7) days a week between the hours of 9:00 a.m. and 11:00 p.m. In addition, the business will consist of a “food counter” serving coffee, soda and pre-packaged food. Mr. Dorling stated staff has compatibility concerns with this type of use and as it relates to future introduction of mixed use development particularly the residential component in that development scenario. Also, Mr. Dorling stated positive findings cannot be made with respect to LDR Section 2.4.5(E) which requires a significantly detrimental effect upon the stability of the neighborhood not be made by an application nor the application hinder redevelopment or development of nearby properties. Staff has significant concerns with respect to both of these issues and noted that this does not meet the required findings of that section. At its meeting of September 19, 2005, the Planning and Zoning Board held a public hearing regarding the conditional use request. There was no public testimony given in support or opposition. Since the hearing, one letter of opposition has been received. After discussing the request, the Board voted 4-3 to recommend to the City Commission approval of the conditional use by adopting the findings of fact and law - 25 - 12/13/05 contained in the staff report, and a finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the LDR’s. Randy Welker, Business Recruitment and Economic Development th Coordinator, 290 N.E. 5 Avenue, #5, Delray Beach (expert witness), submitted his résumé and credentials into the record. Robert Goldstein, Hospitality Consultants (expert witness), submitted his résumé and credentials into the record. He stated his review of the actual site, the contemplated use, and in reviewing this application, found that it does not meet the Comprehensive Plan as it pertains to future land use objectives (Future Land Use Element Objective A-1). Mr. Goldstein stated in his opinion, under LDR Sections 2.4.5(E) he believes that the proposed project would significantly negatively impact the stability of the surrounding neighborhood and will hinder the four corners redevelopment plan as outlined in the design institute report. Mr. Goldstein stated this project should not be approved because it is not consistent or complimentary to this neighborhood. Jason Mankoff, Attorney representing Weiner & Aronson, P.A., 102 N. Swinton Avenue, Delray Beach (representing Spin 2 Win LLC), gave a brief PowerPoint presentation and stated the arcade will contain 70 video games. He stated Florida Statute 849.161 defines essentially what an arcade amusement center is. Mayor Perlman 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. Steve Castanza, 2525 Lowson Boulevard, Delray Beach, stated he enjoys this type of activity and encouraged the Commission to approve the project. There being no one else who wished to give testimony on this item, the public hearing was closed. Mr. Mankoff cross-examined Mr. Dorling, Randy Welker, and Mr. Goldstein. Mr. Dorling gave a brief rebuttal. Mr. Mankoff gave a brief rebuttal. The City Attorney 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). It was the consensus of the Commission was to deny the Conditional Use Request for Spin 2 Win. - 26 - 12/13/05 Mr. Levinson moved to approve the Board Order as outlined, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes. Said motion passed with a 5 to 0 vote. 14.CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: the cases of: Village by the Sea, LLP, et al. v. City of Delray Beach Case No. 50-2003 CA-010252-XXOCAI; and Frank and Nilsa McKinney v. City of Delray Beach Case No. 50-2003-AP-001062XXCTAY Attendees: Mayor Jeff Perlman Commissioner Pat Archer Commissioner Alberta McCarthy Commissioner Jon Levinson Commissioner Rita Ellis City Manager David Harden City Attorney Susan Ruby Assistant City Attorney Terrill Barton A certified court reporter Purpose: Discuss settlement negotiations and strategy related to litigation expenditures in the above cases. The City Attorney read the following into the record: The City of Delray Beach has scheduled a closed attorney-client session pursuant to Florida Statutes §286.011(8) in the cases of: Village by the Sea, LLP v. City of Delray Beach Case No. CA-010252-XXOCAI; and Frank and Nilsa McKinney v. City of Delray Beach Case No. 2003 AP 001062-XXCTAY “The estimated length of the closed session shall be 30 minutes. The following persons will be attending: Mayor Jeff Perlman, Commissioners Jon Levinson, Patricia Archer, Alberta McCarthy, Rita Ellis, and City Manager David Harden, City Attorney Susan Ruby, Assistant City Attorney Terrill Barton, and a certified court reporter.” - 27 - 12/13/05 At this point, the City Commission meeting adjourned for the Closed Attorney/Client Session at 9:07 p.m. The City Commission meeting reconvened at 9: 17 p.m. 15. SETTLEMENT OF: Village by the Sea, LLP, et al. v. the City of Delray Beach Case No. 50-2003 CA-OI0252-XXOCAI; and Frank and Nilsa McKinney v. City ofDelray Beach Case No. 50-2003-AP-00I062XXCTAY Mr. Levinson moved to deny the settlement offer in both cases, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion to deny the settlement was approved with a 5 to 0 vote. There being no further business, Mayor Perlman declared the meeting adjourned at 9:18 p.m. ~~.~~.~ City Clerk ATTEST: ~lb OR '- 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 13,2005, which Minutes were formally approved and adopted by the City Commission on January 17, 2006 . ~~~~.~~ City Clerk - 28- 12/13/05 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- 12/13/05 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRA Y BEACH, FLORIDA CONDITIONAL USE REQUEST FOR lEGACY BANK OF FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DElRA Y BEACH, FLORIDA 1. This conditional use request has come before the. City Commission on December 13, 2005. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for Legacy Bank of Florida. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II. I. COMPREHENSIVE PLAN a. Comprehensive Plan - Future land Use Element Obiective A-1: This objective requires that the property shall be developed or redeveloped, in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs. Is this objective met? Yes 5 No o b. Future land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of CC and is zoned CBD. Future land Use -Is project's proposed location consistent with the Future land Use Map? Yes 5 No 0 F-cY"Yl q" B. c. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes 5 No 0 -- d. Consistency: Will the granting of the conditional use be consistent with and further the goals and policies of the Comprehensive Plan? Yes 5 No 0 II. lDR REQUIREMENTS: lDR Section 2.4.5(E) Required FindinQs: (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Nor that it will hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met? Yes 5 No 0 3. The comments and notes set forth in the staff report are hereby incorporated herein. Yes 5 No 0 2 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request was submitted. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other . competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves x denies _ the conditional use request subject to conditions of approval contained in the staff report and hereby adopts this Order this 13th day of December, 2005, by a vote of 5 in favor and 0 opposed. ~ ~. \\~~V-'~ Chevelle Nubin City Clerk u - 3 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR ARNST OCEAN AUTOMOTIVE ORDER OF THE CITY COMMISSION OF THE CITY OF DElRA Y BEACH, FLORIDA . 1. This conditional use request has come before the City Commission on December 13, 2005. 2. The Applicanf and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for Arnst Ocean Automotive. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I, II and III. I. COMPREHENSIVE PLAN a. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of CMR and is zoned MIC. Future land Use - Is project's proposed location consistent with the Future land Use Map? Yes 5 No o b. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Concurrency as defined pursuant to Objective B-2 of the Land U~e Element of , the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ~f-t M q, C. ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes 5 No o d. Consistency: Will granting the conditional use be consistent with and further the policies and goals of the Comprehensive Plan? Yes 5 No 0 II. lDR REQUIREMENTS: lDR Section 2.4.5(E) Required Findinas: (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Nor that it will hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met? Yes 5 No 0 III. WAIVERS: a. Section 4.3.4(H)(6)(b)(5): Along Congress Avenue, from the L-38 Canal northward to the L-30 Canal, a special landscape area shall be provided. This landscape area shall be the smaller distance of either 30' or 10% of the average depth of the property; however, in no case shall the landscape are be less than 10'. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; . (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or, (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. 2 Does the waiver request (reduce the landscape buffer along Congress Avenue from 30 ft. to 28 ft.) meet all the requirements of 2.4.7(B)(5)? Yes 5 No 0 b. Section4.6.9(D)(4)(d): The standard aisle width is twenty-four feet for normal traffic flow with perpendicular parking. The maximum aisle width is twenty-six feet (26'). Exceptions may be made at the time of site plan approval in order to accommodate pickup or drop-off areas. The width of aisles associated with diagonal parking is per Subsection (4)(e). Two-way traffic flow must be used when perpendicular. parking spaces are used. The minimum aisle width for two way traffic flow is twenty feet (20') but this dimension can only be used for short distances where there are no parking spaces entering therein Pursuant to LOR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or, (d) Does not result in the grant of a special privilege in that the same.waiver.would be granted under similar circumstances on other property for another applicant or owner. Does the waiver request (increase the parking aisle width from 26 ft to 35 ft.) meet all the requirements of 2.4.7(B)(5)? Yes 5 No o c. Section 6.1.4(C)(1): Minimum Width: A two-way driveway shall normally have a width of twenty-four feet (24'). In instances where there are no points of conflict in the immediate vicinity of the driveway and the internal circulation system, the width may be approved at a minimum width of twenty feet (20'). One-way points of ingress and egress shall have a width of twelve feet (12'). These minimum provisions do not apply to detached single family development. Pursuant to LOR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situationi or, (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. 3 Does the waiver request (increase the width of the two-way driveway entrance from 24 ft. to 35 ft.) meet all the requirements of 2.4.7(B)(5)? Yes 5 No 0 3. The comments, hereby incorporated herein. Yes 5 conditions and notes set forth in the staff report are No 0 4. The City Commission has applied the Comprehensive Plan and LOR requirements in existence at the time the conditional use request was submitted. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves x denies _ the conditional use request and hereby adopts this Order this 13th day of December, 2005, by a vote of 5 in favor and _0_ opposed. 7. Based on the entire record before it, the City Commission approves x denies _ the waiver requests and hereby adopts this Order this 13th day of December, 2005, by a vote of 5 in favor.and 0 opposed. ATTEST: ~~~. \0~~.-:~ . Chevelle Nubin City Clerk 4 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRA Y BEACH, FLORIDA CONDITIONAL USE REQUEST FOR SPIN 2 WIN ORDER OF THE CITY COMMISSION OF THE CITY OFDELRAY BEACH, FLORIDA 1. This conditional use request has come before the City Commission on December 13, 2005. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for Spin 2 Win, adult gaming center. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II. I. COMPREHENSIVE PLAN a. Comprehensive Plan - Future land Use Element Obiective A-1: This objective requires that the property shall be developed or redeveloped, in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs, Is this objective met? Yes o No 5 b. Future land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of GC and is zoned PC. Future land Use - Is project's proposed location consistent with the Future land Use Map? Yes 5 No o r-!--C:m 9.1<. c. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes 5 No 0 d. Consistency: Will the granting of the conditional use be consistent with and further the goals and policies of the Comprehensive Plan? Yes 0 No 5 II. lDR REQUIREMENTS: lDR Section 2.4.5(E) Required FindinQs: (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Nor that it will hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met? Yes 0 No 5 3. Would the granting of be adverse to the public interest? Yes 5 No 0 2 . ..__~.L 4. The comments and notes set forth in the staff report are hereby incorporated herein. Yes 5 No o 5. The City Commission has applied the Comprehensive Plan and LOR requirements in existence at the time the conditional use request was submitted. 6. 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, tes~imony of experts and other competent witnesses supporting these findings. 7. . Based on the entire record before it, the City Commission approves _ denies X the conditional use request and hereby adopts this Order this 13th day of December, 2005, by a vote of 5 in favor of denial and 0 opposed. - ~lJEST:" . ~..}~~. ~~"-:J Chevelle Nubin City Clerk 3 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR -COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFIC.ERS r NAME-FIRST NAME-MIDDLE NAME Lerlman, Jeffre L. MAIlING ADDRESS Delra Lakes Drive COUNTY NAME OF BOARD, COUNCIL, COMMISSION. AUTHORITY, OR COMMITTEE Delra BeachCit Commission mE BOARD. COUNCIL, COMMISSION, AlJTHORllY OR COMMITTEE ON WHCH" SERve IS A UNIT OF: XI COY a COUNTY a OlliER LOCAL. AGENCY NAME OF POUTICAL SUBOMSlON: City of Delray Beach DATE ON ~ VOTE OCCURRED 12/13/05 MY.POSlTION IS: III ELECTIVE a APPOINTIVE .. WHO. MUST FILE FORM 88 This form Is fOf' use by any person serving at the county, city, or other local level of government on an appoint6d oreleded 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, Flocida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of Interest Will vary greaUy 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 tiling the form. .INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES -- . person holding elective or appointive county, municipal, or other local pliblic office MUST ABSTAIN. from voting on a measure which Jres to his or her special private gain or loss. Each elected or appoint~d local officer also.is prohibited from knowingly voting on a mea- . _..Ire 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 ocganization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or tathe special private gain or loss of a business associate. Commissiooersof 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 Mrelative" 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 Mbusiness 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 sharehoider (where the shares of the corporation are nc)t listed on any national or regional stock exchange). . . . . . . . ELECTED OFFICERS: In adcfltion 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 tiling this form with the person responsible for recording the min- utes of the meeting, who should incorporate the foon in the minutes. . . . . . . . APPOINTED OFFICERS: :Although you mUst abstain from voting in the situations described above, you othelWise may participate in these matters: However, you IU.st d'1SCIose .the nature of the conflict before making any attempt to influence. the decision: whether orally or In writing and whether mac;fe ( you or at your direction. Ir YOU INTEND TO MAKE ANY ATTEMPT TO.INFLUENCE THE [)ECISIONPRIOR TO THE MEETING AT WHICH THE VOTE WiltSE TAKEN: . You must complete and tile this fonn (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) CI; FORM 8B - EFF. 1/2000 ITEM 9.G PAGE 1 APPOINTED OFt=ICERS (continued) . A copy of thG. torm mOstbe provided immediately to the other membefsof the agency. · The foem must be read pubflCly 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 foon and file it within 15 days after the vote occurs with the peISOO responsible tOr recording theminuteSofthe meeting. who must Incorporate the form in the minutes. A copy of the fann must be provided lmmec:f18tely 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 LOCALOFfl,CER'S INTEREST I. Jefft'ey L. Perlman . hereby d~ that on December 13 .20~: (a) A me8stn came or will cOme before my agency Which (check one) inured to my special private gain or loss; ~ to the .speCiaI.gaio. or Ios$of my business associate, -X. 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 th&,~ gain or lOss ()(. .. Is the panHlt organization o~ subsidiafy of a . principal which has retained me. (b) The measure ~.myagenCy and the. nature of my conflictinginterestln'the measure. is as folloWs: Diana Colonna ,by -:.. :. . which ---, Diane'Colonna. Iiiy. wife~ is Director of theCommunit,Y -aedevelopmeri1: AgenCY 'CCRA)., I have a.conilictvoting on items that directly affect the Community . Redevelopment Agency. <j 12/13/05 .1 Date FUed NOTICE: UNDER PR.OVISIONS OF ,FLORIDA STATUTES ~112.317,'AF URE TO: MAKE ANY REQUIRED DISCIiOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOllOWING: IMPEACHMENT, REMOVAl OR SUSPENSION FROM OF.FICE OR EMPLOYMENT. DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENAlTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 112000 PAGE 2