04-01-08 Minutes RegAPRIL 1, 2008
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Rita Ellis in the Commission Chambers at City Hall
at 6:00 p.m., Tuesday, April 1, 2008.
1. Roll call showed:
Present - Commissioner Gary Eliopoulos
Commissioner Fred B. Fetzer
Commissioner Woodie McDuffie
Commissioner Brenda B. Montague
Mayor Rita Ellis
Absent - None
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Lanelda Gaskins, Executive Asst./Agenda Coordinator
2. The opening prayer was delivered by Dr. Gary D. Guerrier with First Baptist
Church.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mayor Ellis stated there is additional information for Item 9.A.,
Redevelopment_Proposal for South Countv Administrative Complex. She noted a
revised Board Order for Item 9.B., Conditional Use Request for Villages at Delray.
Mayor Ellis stated the applicant has requested to postpone Item 9.C., Appeal of the
Historic Preservation Board Decision to May 6, 2008. Also, she noted there is a revised
Board Order for Item 9.D., there is a request to postpone Item 9.E. until April 15, 2008.
Mayor Ellis noted the addition of Item 9.H., Reconsideration of a Special Action
Request for Office Depot and the CVS Pharmacy Building to the Regular Agenda by
addendum.
Mr. Fetzer moved to approve the Agenda as amended, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr.
McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said
motion passed with a 5 to 0 vote.
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5. APPROVAL OF MINUTES:
Mr. Eliopoulos moved to approve the Minutes of the Regular Meeting of
March 18, 2008, seconded by Mr. McDuffie. Upon roll call the Commission voted as
follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -
Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote.
Mrs. Montague moved to approve the Minutes of the Annual Organizational
Meeting of March 27, 2008, seconded by Mr. McDuffie. Upon roll call the Commission
voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr.
Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
6.A. YounQ Child Week - April 13-19, 2008
Mayor Ellis read and presented a proclamation hereby proclaiming the week
of April 13-19, 2008 as Young Child Week in the City of Delray Beach. Sallie Laws, Vice
President of Family Central, Inc. in Palm Beach County came forward to accept the
proclamation.
6.B. HousinE America Month -April 2008
Mayor Ellis read and presented a proclamation hereby proclaiming the
month of April 2008 as Housing America Month in the City of Delray Beach. Dorothy
Ellington, Florida Coordinator for this campaign, came forward to accept the proclamation
and on behalf of the National Association of Housing and Redevelopment Officials and
Florida Association of Housing and Redevelopment Officials, she thanked the City of
Delray Beach.
6.C. Library Appreciation Month -April 2008
Mayor Ellis read and presented a proclamation hereby proclaiming the
month of Apri] 2008 as Library Appreciation Week in the City of Delray Beach. Robert
Currie came forward to accept the proclamation and gave a few brief comments.
6.D. Water Conservation Month - Aari12008
Mayor Ellis read and presented a proclamation hereby proclaiming the
month of April 2008 as Water Conservation Month in Delray Beach, Florida. Richard
Hasko, Director of Environmental Services, came forward to accept the proclamation and
gave a few brief comments.
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7. PRESENTATIONS:
7.A. 19th Annual Delaire/Delrav Citizens for Delray Police Charity Golf
Tournament Presentation to Police and Fire-Rescue -Perry DonFrancisco
Perry DonFrancisco, President of Delray Citizens for Delray Police
Charity Golf Tournament, briefly reviewed the history and significance of the Annual
Delaire Charity Golf Toumament that supports the Fire-Rescue and Police Departments.
Mr. DonFrancisco stated the residents of Delaire have made a profound statement and that
is that their generosity and concern will not waiver and they will continue to give for the
benefit of all the people of the City of Delray Beach. He stated Delaire's lifesaving and
crime fighting equipment purchases have saved lives in Delray Beach and has kept the
community safe. Mr. DonFrancisco stated tonight's proceeds total approximately
$275,000.00 per department and noted that is $550,000.00 this community net and raised
for the City of Delray Beach to have this equipment.
Harvey Lurrie gave a few brief comments and thanked the Commissioners
and Fire-Rescue Chief James and Police Chief Schroeder for coming to Delaire and making
a presentation a few weeks ago. Mr. Lurrie stated Mr. DonFrancisco in particular made
this possible beginning 20 years ago and has made this charity.
Mr. Lurrie introduced Buddy Magod, new President of Delaire and David
Gray, Co-Chairman, who presented checks to Fire-Rescue Chief David James and Major
Craig Hartman of the Police Department. On behalf of the Delray Beach Fire-Rescue
Department, Chief James stated they appreciate all the support of Delaire and noted that
technology changes constantly and it does not always coincide with the budget process and
donations such as these from Delaire help them to address those issues in a timely manner.
Major Craig Hartman, Delray Beach Police Department, thanked everyone from Delaire for
their continued support and generosity year after year.
Mr. DonFrancisco presented the Fire-Rescue Deparhnent and the Police
Department with checks in the amount of $18,750.00 each.
Mayor Ellis stated the ceremony at Delaire a few weeks ago was the City's
way of saying thank you to Delaire for doing this for nearly 20 years. She stated the City
issued a proclamation that was mounted and the Fire-Rescue Chief as well as the Police
Chief had their original badges mounted on that as well. Mayor Ellis stated the ceremony
was very well attended and everyone had a wonderful time. Mayor Ellis thanked Mr.
DonFrancisco and the Delaire community for its continued support.
7_B. RESOLUTION NO. 13-08: Approve Resolution No. 13-08 Recognizing
and commending Barbara Flynn for 30 years of dedicated service to the City of Delray
Beach.
The caption of Resolution No. 13-08 is as follows:
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A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING
AND COMMENDING BARBARA J. FLYNN FOR
THIRTY YEARS OF DEDICATED SERVICE TO THE
CITY OF DELRAY BEACH.
(The official copy of Resolution No. 13-08 is on file in the City Clerk's
office.)
Mayor Ellis presented Resolution No. 13-08 to Barbara Flynn for 30 years
of dedicated service to the City of Delray Beach.
Mr. Eliopoulos moved to approve Resolution No. 13-08, seconded by Mr.
McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr.
Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said
motion passed with a 5 to 0 vote.
Mayor Ellis also presented Barbara Flynn with a Distinguished Service
Award in grateful appreciation of her invaluable and distinguished service to the Finance
Department for the past thirty (30) years.
Joseph Safford, Finance Director, stated Ms. Flynn is just getting her second
wind and noted she rides motorcycles, rides competition horses and she is a pilot with 100
flight hours. Mr. Safford stated he expects Ms. Flynn will be around for several more
years. Barbara Flynn came forward to accept the proclamation and the award and gave a
few brief comments.
7.C. "Neighborhood Pride Grant" -Neighborhood Services Division
Elizabeth Alpert, Neighborhood Services Administrator, stated she is
fortunate to work under the direction of Lula Butler, Director of Community Improvement,
and commented that they are always progressively working towards improving their
neighborhoods. Ms. Alpert stated a new program was implemented last year called
"Neighborhood Pride Grant" and was conceptualized by Commissioner Montague. Ms.
Alpert stated this is a great program because it is designed for the neighborhoods and
actively participating and getting involved and including the neighborhoods. She stated
instead of providing grant dollars for community improvement this program engages the
neighborhoods to get actively involved in the form of a cash contribution, volunteering or
going out and getting donations of the materials. Ms. Alpert stated the City allows the
neighborhoods to get creative and noted that during fiscal year 2006-2007 there were 16
applicants and out of those 16 applicants, the Neighborhood Advisory Council (NAC)
formed asub-committee to vote and rate the applicants. The City of Delray Beach awarded
three (3) Neighborhood Pride Grants during fiscal year 2006-2007 to the following
recipients: (1) Woods of Southridge, (2) Paradise Heights, and (3) Delray Estates.
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8. CONSENT AGENDA: City Manager Recommends Approval.
8_A. ACCEPTANCE OF EASEMENT DEED/EBENEZER WESLEYAN
METHODIST CHURCH: Approve and accept an easement deed from Ebenezer
Wesleyan Methodist Church to accommodate the existing overhead power lines that
traverse the property, located on the east and west side of S.W. 6`h Avenue, north of S.W.
2"a Street.
8.B. SERVICE AUTHORIZATION NO. O1-23.1/HELLER-WEAVER AND
SHEREMETA, INC.: Approve a Service Authorization to Heller-Weaver and Sheremeta,
Inc. in the amount of $6,500.00 for supplemental survey work related to preparation of
condominium documents for the retail space on the first level of the Old School Squaze
Parking Garage. Funding is available from 380-4150-572-63.29 (G.O. Bond/Old School
Square Parking Garage).
8_C. SERVICE AUTHORIZATION NO. 32.2/DAVID MILLER AND
ASSOCIATES, P.A.: Approve Service Authorization No. 32.2 to David Miller and
Associates, P.A. in the amount of $10,000.00 for construction administration services
regarding both the new Information Technology Building and North Wing City Hall
Renovations Phase N and V. Funding is available from 334-6112-519-62.85 (General
Construction Fund/City Hall Exp IT Building) and 334-6112-519-62.86 (General
Construction Fund/City Hall-N Wing Chamber).
8_D. LOCAL AGENCY PROGRAM AGREEMENT (LAP)/FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOTIBIKE LANES: Approve a Local
Agency Program (LAP) Agreement with the Florida Department of Transportation (FDOT)
for the installation of bike lanes along Homewood Boulevard between Lowson and West
Atlantic. Costs will be paid from a Federal Enhancement Grant of $500,000.00
plus approximately $98,000.00 in City funds. Funding is available from 334-3162-541-
68.46 (General Construction Fund/Other ImprovemenUHomewood Boulevard Bikepaths).
8_E. RESOLUTION NO. 12-08: Approve and adopt Resolution No. 12-08
establishing an Affordable Housing Advisory Committee as required by state statute to
recommend incentives for affordable housing.
The caption of Resolution No. 12-08 is as follows
office.)
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
PROVIDING FOR THE CREATION OF AN
AFFORDABLE HOUSING ADVISORY COMMITTEE
TO RECOMMEND INCENTIVES FOR AFFORDABLE
HOUSING; PROVIDING AN EFFECTIVE DATE.
(The official copy of Resolution No. 12-08 is on file in the City Clerk's
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8.F. FIRE ACT GRANT APPLICATION FOR FY 2008/2009: Approve a
Fire Act Grant Application in the amount of $203,000.00 for the purchase of five (5)
exhaust removal systems for five (5) of the Fire Stations. Funding for match
funds available from 115-2311-522-64.90 (Special Projects Fund/Machinery
Equipment/Other Mach/Bquipment).
8.G. SECOND AMENDMENT/2002 PALM BEACH COUNTY
RECREATION AND CULTURAL __ FACILITIES BOND/INTRACOASTAL
WATERWAY PARK: Approve a Second Amendment to the Interlocal Agreement
between Palm Beach County and the City of Delray Beach to extend the project completion
date to December 31, 2008 for the Delray Intracoastal Park (Mangrove Park).
8.H. SPECIAL EVENT REQUEST/ART AND JAZZ ON THE AVENUE:
Approve a special event request for the Art and Jazz on the Avenue to be held on May
8, 2008, from 6:00 p.m. to 10:00 p.m., granting a temporary use permit per LDR Section
2.4.6(F) for the closure of Atlantic Avenue from Swinton to the west side of NE/SE 7`h
Avenue, Railroad Avenue from Atlantic north to north side of the east/west alley, and to
the alleys north and south of Atlantic on NE/SE 15` Avenue, NE/SE 2"d Avenue, SE 3ra
Avenue, NE/SE 4`" Avenue, and the Tennis Center Parking lot and to authorize staff
support for security and traffic control, EMS assistance, banner hanging and removal,
barricade set up and removal, trash removal and clean up; contingent upon receipt of a hold
harmless agreement.
8.I. SPECIAL EVENT REOUEST/DELRAY BEACH FILM FES"I'IVAL:
Approve a request to endorse the 3` Annual Delray Beach Film Festival proposed to be
held from May 6 through May 11, 2008; to grant a temporary use permit per LDR Section
2.4.6(F) for the closure of N.W. ls` Street on May 6, 2008 from 9:00 p.m. -midnight, for
the event party at DaDa's; to approve the reservation of thirty (30) tee times at the
Municipal Golf Course on May 8, 2008 beginning at 9:00 a.m. for a golf outing; to approve
the use of the south end of the beach on May 10, 2008 from 8:00 a.m. to noon for a surfing
demonstration and contest; to approve the use of Worthing Park to show films on the wall
of the Blue Fish Restaurant; to authorize the street closure, event signage, and staff support
for barricading for traffic control; contingent on the receipt of a hold harmless agreement,
certificate of liability insurance and an executed copy of a rental agreement with Old
School Square.
8.J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period March 17, 2008 through March 28, 2008.
8.R AWARD OF BIDS AND CONTRACTS:
1. Bid award to Complete Property Services of South Florida, Inc. in
the annual estimated amount of $43,274.00 for landscape
maintenance of Stormwater Retention Areas and Improved Water
Retention Areas. Funding is available from 448-5416-538-34.90
(Stormwater Utility Fund/Other Contractual Services).
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2. Bid award to Southland Painting Corporation in the amount of
$65,640.00 for sandblasting, paint prepazation, and painting of
internal steel components of Clarifier No. 2 at the Water Treatment
Plant as part of the Clarifier Rehabilitation Project. Funding is
available from 442-5178-536-64.90 (Water/Sewer Renewal and
Replacement Fund/Other Machinery and Equipment).
3. Purchase award to Contract Connection, Inc., in the amount of
$19,933.15 for the purchase of seven (7) Shelter/Benches for
replacement of benches located on the sea wall at Veteran's Pazk.
Funding is available from 001-4131-572-63.40 (General
Fund/Improvements Other/Recreational Improvements).
4. Purchase award to Duval Ford in the amount of $121,325.00 for the
purchase of five (5) 2008 Ford Crown Victoria Police Interceptors
with options and warranty via the Florida Sheriff's Association
Contract #07-15-0827, Specification #1 and to Emergency Vehicle
Supply in the amount of $43,156.71 for the police car preparation
package. Funding is available from 501-3312-591-64.20 (Central
Garage Fund/Automotive).
5. Purchase award to Insight Public Sector in the amount of $35,759.00
for the purchase of seven (7) Vista laptops for the Fire-Rescue
Department. Funding is available from 334-6112-522-64.90
(General Construction Fund/Machinery Equipment/Other
Machinery/Equipment).
6. Purchase award to On-Site Equipment, d/b/a Triptow Enterprises in
the amount of $18,287.00 for the purchase of an upgraded
replacement wheel alignment machine with the attachments for the
City garage. Funding is available from 501-3311-591-64.90 (Central
Garage Fund/Machinery/Equipment/Other Machinery/Equipment).
7. Contract award to EIMCO Water Technologies in the amount of
$88,812.00 for removing and rebuilding the drive motor assembly on
Clarifier No. 2 at the Water Treatment Plant Project. Funding is
available from 442-5178-536-64.90 (Water/Sewer Renewal and
Replacement Fund/Other Machinery and Equipment).
8. Contract award to Randolph & Dewdney Construction, Inc. in the
amount of $97,536.00 for the demolition and renovation of the City
of Delray Beach Engineering Division former offices. Funding is
available from 442-5178-536-62.10 (W & S Renewal &
Replacement FundBuildings).
Mr. McDuffie moved to approve the Consent Agenda, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr.
Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said
motion passed with a 5 to 0 vote.
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9. REGULAR AGENDA:
9.A. SOUTH COUNTY ADMINISTRATIVE COMPLEX
REDEVELOPMENT PLAN DIRECTION: Provide direction regarding a response to
Palm Beach County on action items for the South County Administrative Complex
Redevelopment Plan.
` The City Manager stated at the March 18, 2008 City Commission Meeting
there was a presentation made by Palm Beach County staff Audrey Wolf concerning the
subject project. The City Manager stated the City Commission previously received a
lengthy report compiled by Kilday and Associates with assistance from Catalfumo, Ltd.
He noted the five points the County requested City Commission action on: (1) Choose a
preferred concept plan, (2) Confirm County's interpretation of any code assumptions that
are critical to the redevelopment or that will need to be defined in the Request for Proposal
(RFP), (3) Consider likely funding requirements and sources for parking structure for non-
County government uses, (4) identify any other City sponsored financial assistance and/or
programs that can be included in the RFP, (5) Identify City's desired involvement in the
County RFP.
Mr. Fetzer moved to approve the City Manager's recommendations with the
higher density option, seconded by Mr. McDuffie. Upon roll call the Commission voted as
follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes;
Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote.
9.B. CONDITIONAL USE REQUEST/VILLAGES AT DELRAY: Consider
a conditional use request to allow a density in excess of 12 units per acre (24 dwelling units
per acre is proposed) in accordance with the provisions of the City's Family Workforce
Housing Ordinance for the Villages at Delray, (formerly a portion of Auburn Trace), a 264
unit residential development located on the east side of Auburn Avenue, south of S.W. 4~h
Street. (Quasi-Judicial Hearing)
Mayor Ellis read into the record the City of Delray Beach procedures for a
Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial Hearings.
Lanelda Gaskins, Agenda Coordinator/Executive Assistant, swore in those
individuals who wished to give testimony on this item.
Mayor Ellis asked the Commission to disclose their ex parte
communications. Mr. McDuffie stated he received a telephone from Mr. Weiner asking if
he had any questions on the project and noted he has none. Mrs. Montague stated she
received a call and spoke with Mr. Weiner as well as Mr. Cito Beguristain and Dorothy
Ellington. Mayor Ellis stated she spoke with Mr. Weiner on a couple occasions. Mr.
Eliopoulos stated he spoke with Mr. Weiner with regards to the general layout of the
project. Mr. Fetzer stated he spoke to Mr. Weiner as well.
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Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2008-40 into the record.
Mr. Dorling stated this is a conditional use request for Villages at Delray to
provide a density in excess of 12 units per acre (24 du/ac is proposed) in accordance with a
provision of the City's Family Workforce Housing Ordinances for the Villages at Delray, a
264-unit residential development located on the east side of Auburn Avenue south of S.W.
4`h Street. The property totals 1.03 acres and is zoned RM (Medium Density Residential).
The site previously contained sixteen (16) one and two-story multiple family structures
which were built in 1981 and aze being demolished. Multiple family residential
developments may exceed twelve (12) units per acre up to a maximum of twenty-four (24)
units per acre within the Carver Estates Overlay District, subject to compliance of Section
4.4.6(I), (Performance Standards), Article 4.7, (Workforce Housing) and based upon the
development's conformance with the applicable standards and criteria described within the
adopted Southwest Area Neighborhood Redevelopment Plan.
At its meeting of February 25, 2008, the Planning and Zoning Board held a
public hearing in conjunction with the conditional use request and recommended approval
with a vote of 4 to 0.
Mr. Dorling stated the site plan will be going before the Site Plan Review
and Appearance Boazd (SPRAB) and this is just the conditional use for the density. The
Delray Beach Housing Authority is solving some additional issues which may prevent the
site plan going before SPRAB for a couple of weeks. The City Attorney stated for
clarification that the conditional use request is up to 24 dwelling units per acre depending
on the site plan.
Michael Weiner, Attorney with Weiner and Aronson, P.A., 10 S.E. ls~
Avenue, Delray Beach (representine the Aanlicant), stated each and every one of the
conditions under the Land Development Regulations, Comprehensive Plan, Compatibility
and Consistency, and Concurrency have been met with respect to this project. He stated
the Planning and Zoning Boazd went through this particular conditional use request and
there were some added changes to the conditions that have been addressed.
Steve Myott, JMWA Architects (Architects for the proiect) briefly
reviewed the architectural elevations for this project.
Cito Berauristain, speakine on behalf of the Applicant, thanked the City
Commission for their continued support. He stated the last time he was before the
Commission they were in a rush to get the CWHIP (Community Workforce Housing
Innovation Program) Grant to the State. Mr. Berguristain stated they received their initial
comments back from the State for things to address. He noted that on April 18, 2008 they
should receive some responses to what they had to submit and hopes that they will be able
to win the grant.
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Mr. Weiner stated the City Attorney has prepazed an appropriate Boazd
Order and the Commission will find that the staff report covers the Comprehensive Plan on
pages 4-5, the Concurrency is covered on pages 2-3 of the staff report, the LDR
requirements 2.4.5(E) aze covered on pages 12-13 of the staff report and the Required
Findings are covered on pages 5-12 and go through all the Performance Standazds
including 4.7.4 and 4.4.6(B)(3). Therefore, Mr. Weiner stated substantial competent
evidence has been offered based on the Planning and Zoning Department staff report.
Mayor Ellis stated if anyone would like to speak in favor or in opposition of
the conditional use request, to please come forwazd at this time.
Dr. Joseph Proveuzauo, 1921 S.W. 36th Avenue, Delray Beach, stated he
really likes this project because it has a clubhouse with impact glass and an emergency
generator. He stated he would like see this done with more development in this town
because post storms it is a major problem with heat and expressed concern that it is only
4,500 square feet 264 units and there will probably be 3-4 people per unit and expressed
concern whether or not the building will be able to sustain 1,000 people according to the
Fire Marshall. Dr. Provenzano stated in the medical profession he sees many people
getting admitted to the hospital post hurricanes because of the fact of the heat. He feels
that overall this is great idea to have emergency backup generators and feels it would be
nice to see this more throughout the City in developments with more than 50 homes.
There being no one else from the public who wished to address the
Commission regarding the conditional use request, the public hearing was closed.
The following individual gave a brief rebuttal:
Mr. Dorling stated after the last set of hurricanes the City did pass a new
regulation that require all clubhouses for new communities to have backup generators for
the purposes that Dr. Provenzano mentioned.
Mr. Eliopoulos stated this is a great project; however, he expressed concern
with the reduction in the guest parking spaces from 62 spaces to 14 spaces. He stated he
understands the perception but by looking at the studies on low-income housing the odds
aze that they will not have as many cars. Mr. Eliopoulos stated he is looking at this as a
project that we want to set the mazk and set the tone for how workforce housing and low-
income housing can be done. Mr. Eliopoulos stated with the workforce housing we are
making the assumption on these cars and although he did see on the site plan how staff is
encouraging to have parking on sod, he did not see a lot of green. He stated he is looking
at this from a density standpoint and not about the people that are going to be there. He
feels that a lot of people will use their garages for other things and down the road he does
not want to see this project looking like a project that being a lot of cars in the street
because they do not have anywhere to park.
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Mr. Weiner stated they will keep this in mind and they made extensive
studies of use of the parking in the azea prior to this of actual parking usage. Also, the
daycare center has been designed and will be closed at night which is an extra 24 spaces.
Mr. Weiner stated they are awaze of the concerns expressed by Mr. Eliopoulos.
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).
Mrs. Montague moved to adopt the Board Order as presented, seconded by
Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes;
Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said
motion passed with a 5 to 0 vote.
At this point, the time being 7:22 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10_A. ORDINANCE NO. 13-08 (SECOND READING/SECOND PUBLIC
HEARING): City initiated amendment to the Land Development Regulations (LDR)
Section 4.6.7, "Signs", Subsection 4.6.7 (H), "Exempt Signs", in order to include
"Sponsorship Signs", as a new category of "Temporary Signs".
The caption of Ordinance No. 13-08 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS BY AMENDING SECTION 4.6.7,
"SIGNS", SUBSECTION 4.6.7(H), "EXEMPT SIGNS",
IN ORDER TO INCLUDE "SPONSORSHIP SIGNS" AS
A NEW CATEGORY OF "TEMPORARY SIGNS"
ALLOWED WITHIN THE CITY OF DELRAY BEACH;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 13-08 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida and
the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this ordinance is to
deal with temporary signs and its intent is to help facilitate the merger of the two Little
Leagues by allowing sponsorship signs and the money generated from that to support the
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League. These signs will be placed on the inside of the outfield during the Little League
seasons. The first public hearing at the March 18, 2008 meeting had two alternatives and
the City Commission recommended the alternative version (which is before the
Commission this evening) as well as the Planning and Zoning Board. Mr. Dorling stated
the alternate version requires the signs to be taken down only during the months of
September through December. He stated this minimum time helps this signage to fall in
the category as "temporary signage" and staff recommends approval.
Mayor Ellis declared the public hearing open. There being no one from the
public who wished to address the Commission regarding Ordinance No. 13-08, the public
hearing was closed.
Mr. McDuffie moved to adopt Ordinance No. 13-08 on Second
Reading/Second Public Hearing, seconded by Mr. Eliopoulos. Upon roll call the
Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -
Yes; Mr. Fetzer -Yes, Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote.
10.B. ORDINANCE NO. 20-08 (FIRST READING/FIRST PUBLIC
HEARING): City initiated amendment to the Land Development Regulations (LDR)
pertaining to Assisted Living Facilities, Continuing Care Facilities and Nursing Homes. If
passed, a public hearing will be scheduled for April 15, 2008.
The caption of Ordinance No. 20-08 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
THE LAND DEVELOPMENT REGULATIONS BY
REPEALING SECTIONS 4.33(C), "ADULT
CONGREGATE LNING FACILITY" AND 4.3.3(G),
"CONTINUING CARE FACILITIES", AND AMENDING
SECTION 4.3.3(H), "CONVALESCENT HOMES, HOMES
FOR THE AGED, NURSING HOMES, REST HOMES", 1N
ORDER TO PROVIDE FOR UPDATED REGULATIONS
REGARDING SAME; AMENDING SECTIONS 4.4.6,
"MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT",
4.4.13, "CENTRAL BUSINESS DISTRICT (CBD), 4.4.21,
"COMMUNITY FACILITIES (CF) DISTRICT", 4.4.28,
"CENTRAL BUSINESS DISTRICT - RAILROAD
CORRIDOR (CBD-RC)", AND 4.4.29, "MLYED
RESIDENTIAL OFFICE AND COMMERCIAL (MROC)
DISTRICT", IN ORDER TO ALLOW ASSISTED LNING
AND CONTINUING CARE FACILITIES AS PERMITTED
USES IN THESE ZONING DISTRICTS; AMENDING
SECTION 4.4.9, "GENERAL COMMERCIAL (GC)
DISTRICT", IN ORDER TO ALLOW ASSISTED LNING
AND CONTINUING CARE FACILITIES AS
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04/01/08
CONDITIONAL USES IN THIS ZONING DISTRICT;
AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE
HISTORIC ARTS DISTRICT (OSSHAD)", TO REMOVE
ASSISTED CONGREGATE LIVING AND CONTINUING
CARE FACILITIES FROM THE LIST OF CONDITIONAL
USES IN THIS ZONING DISTRICT; AMENDING
APPENDIX "A" TO REPEAL THE DEFINITIONS OF
"ADULT CONGREGATE LIVING FACILITY" AND
"CONVALESCENT HOMES, HOMES FOR THE AGED,
NURSING HOMES, OR REST HOMES" AND
ENACTING A DEFINITION OF "ASSISTED LNING
FACILITY" AND "NURSING HOME" AND PROVIDING
AN UPDATED DEFINITION OF "CONTINUING CARE
FACILITY"; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 20-08 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida and
the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this ordinance
renames the current term Adult Congregate Living Facility and replaces it with Assisted
Living Facility and amends the definition of the term Continuing Care Facility to be in
compliance with the Federal Fair Housing Law. It also adds both the Assisted Living
Facility and Continuing Care Facilities as a permitted use in those zoning districts which
currently allow Medium Density Residential (RM) as permitted uses and it adds them as
conditional uses in the same zoning districts that allow Medium Density Residential (RM)
as a conditional use. He stated it treats this type of use as multi-family use which staff
believes is necessary to be compliant with Federal Fair Housing Law.
At its meeting of Mazch 17, 2008, the Planning and Zoning Boazd
considered the text amendment and recommended approval with a 5 to 0 vote.
Mayor Ellis declared the public hearing open. There being no one from the
public who wished to address the Commission regarding Ordinance No. 20-08, the public
hearing was closed.
Mr. Eliopoulos moved to approve Ordinance No. 20-08 on First
Reading/First Public Hearing, seconded by Mrs. Montague. Upon roll call the Commission
voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr.
McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote.
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04/01/08
10.C. ORDINANCE NO. 15-08: An ordinance amending Chapter 33, "Police
and Fire Departments", Subheading "Pensions", of the Code of Ordinances by amending
Section 33.62, "Benefit Amounts and Eligibility", to set maximum benefits as required by
Section 415 of the Internal Revenue Code.
The caption of Ordinance No. 15-08 is as follows,
AN ORDINANCE OF THE CTfY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 33, "POLICE AND FIRE
DEPARTMENTS", SUBHEADING "PENSIONS", OF
THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, BY AMENDING SECTION 33.62,
"BENEFIT AMOUNTS AND ELIGIBILITY";
PROVIDING A GENERAL REPEALER CLAUSE; A
SAVINGS CLAUSE; AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 15-08 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 Ellis declared the public hearing open. There being no one from the
public who wished to address the Commission regarding Ordinance No. 15-08, the public
hearing was closed.
Mr. Fetzer moved to adopt Ordinance No. 15-08 on Second Reading/Second
Public Hearing, seconded by Mr. McDuffie. Upon roll call the Commission voted as
follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -
Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote.
10.D. ORDINANCE NO. 16-08: An ordinance amending Chapter 35,
"Employees Policies and Benefits", Subheading "Retirement Plan", of the Code of
Ordinances by amending Section 35.097, "Retirement Income; Basis, Amount, and
Payment", to set maximum benefits as required by Section 415 of the Intemal Revenue
Code.
The caption of Ordinance No. 16-08 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 35, "EMPLOYEES POLICIES AND
BENEFITS", SUBHEADING "RETIltEMENT PLAN", OF
THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, BY AMENDING SECTION 35.097,
"RETIREMENT INCOME; BASIS, AMOUNT, AND
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04/01/08
PAYMENT"; PROVIDING A GENERAL REPEALER
CLAUSE; A VALIDITY CLAUSE; AND AN EFFECTIVE
DATE.
office.)
(The official copy of Ordinance No. 16-08 is on file in the City Clerk's
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida and
the Charter of the City of Delray Beach, Florida.
Mayor Ellis declared the public hearing open. There being no one from the
public who wished to address the Commission regarding Ordinance No. 16-08, the public
hearing was closed.
Mr. Eliopoulos moved to adopt Ordinance No. 16-08 on Second and FINAL
Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows:
Mr. Fetzer -Yes, Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr.
Eliopoulos -Yes. Said motion passed with a 5 to 0 vote.
10_E. ORDINANCE NO. 18-08: An ordinance amending Chapter 33, "Police
and Fire Departments", Subheading "Pensions", of the Code of Ordinances by amending
Section 33.65, "Administration", to allow the Mayor to designate the Assistant City
Manager to serve on the Board of Tmstees in lieu of the Mayor; and amending Section
33.685, "Deferred Retirement Option Plan", to provide for payment of DROP benefits in
monthly installments at the member's election.
The caption of Ordinance No. 18-08 is as follows:
office.)
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 33, "POLICE AND FIRE
DEPARTMENTS", SUBHEADING "PENSIONS", OF
THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, BY AMENDING SECTION 33.65,
"ADMINISTRATION", TO ALLOW THE MAYOR TO
DESIGNATE THE ASSISTANT CITY MANAGER TO
SERVE ON THE BOARD OF TRUSTEES IN LIEU OF
THE MAYOR; AMENDING SECTION 33.685,
"DEFERRED RETIREMENT OPTION PLAN", TO
PROVIDE FOR PAYMENT OF DROP BENEFITS IN
MONTHLY INSTALLMENTS AT THE MEMBER'S
ELECTION; A GENERAL REPEALER CLAUSE; A
SAVINGS CLAUSE; AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 18-08 is on file in the City Clerk's
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04/01/08
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 Ellis declared the public hearing open. There being no one from the
public who wished to address the Commission regarding Ordinance No. 18-08, the public
hearing was closed.
Mrs. Montague moved to adopt Ordinance No. 18-08 on Second and FINAL
Reading, seconded by Mr. McDuffie. Upon roll call Commission voted as follows: Mr.
McDuffie -Yes; Mrs. Montague -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said
motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 11, Comments and Inquiries
on Non-Agenda Items from the Public and the City Manager.
11.B. From the Public.
11.B.1. Alice Finst, 707 Place Tavant, Delray Beach, stated she spoke to the City
Commission recently about the Historic Depot Square and requested that the City see if
there was some way that they could get a Congress Avenue connection to that property.
Mrs. Finst stated she was told at that time that this was not something that could be done.
Since that time, Mrs. Finst stated she attended another meeting on Historic Depot Square
where they presented a number of items which she considers safety issues. She stated one
safety issue is the traffic feeding onto Lake Ida Road from their project, Crossroads and
Spady Elementary School, etc. This has been brought to the County and the traffic study is
going to require them to put in one or more lanes to the Depot Road exit and possibly a
traffic light because of the traffic there. Mrs. Finst asked that the City consider opening a
lane across the tracks from Congress Avenue at Dr. Carroll Kroll Way or anywhere along
there (vacant properties that can connect Congress Avenue). She stated this would help
eliminate the heavy traffic from being dumped onto Lake Ida Road. Mrs. Finst also
expressed concern that there will be students from Atlantic High School on that property
and she does not see them walking down to Lake Ida Road and going west to Congress
Avenue and then finding their way over to Davis Road. She stated she feels they will go
over the berm around the property and go across the railroad tracks. A sign has been
recently posted on Lake Ida Road that said that there are no train whistles. Mrs. Finst
stated this is an opportunity that will fix the safety problem because these students will
probably go across the tracks and hook up to the short cut that runs from Congress Avenue
to Davis Road that is there and is being used. She stated she sees this turning into a
horrible disaster of traffic on Lake Ida Road and someone being hurt and urged the
Commission to look into this matter.
The City Manager stated the State Department of Transportation and the
Federal Railway Administration will not allow any more railroad crossings.
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04/01/08
11.B.2. Dr. Joseph Provenzano, 1921 S.W. 36`~ Avenue, Delrav Beach, stated he
understands that Midtown Delray was postponed at the last City Commission Meeting of
March 18, 2008. He asked if an applicant is bringing a project to the Planning and Zoning
Department and indicates that this is going to be a medical office building is he obliged to
make that a medical office building. Dr. Provenzano stated there is now a sign on the
property that says "medical offices and professional" which is a totally different project
than what we were told it was going to be and what is defined as "professional".
11.A. City Manager's response to prior public comments and inquiries.
With regazd to a prior concern expressed by Dr. Provenzano about the
condition of the buildings on the Blood's Grove property, the City Manager stated staff has
been working with the owners of that property since then and even early last week the
property was still pretty much a mess but they have been actively working on it and it is
boazded up at this point and cleaned up. Staff is monitoring it closely to be sure that it
remains that way.
At this point, the time being 7:36 p.m., the Commission moved back to Item
9.C. of the Regular Ageuda.
9_C. THIS ITEM HAS BEEN POSTPONED DUE TO THE APPLICANT'S
REQUEST.
9_D. CONDITIONAL USE REQUEST/CHEZ MIKA RESTAURANT:
Consider a conditional use request to establish a 24-hour or late night business for Chez
Mika Restaurant, located at 1005 South Congress Avenue in the Sherwood Plaza. (Quasi-
Judicial Hearing)
Lanelda Gaskins, Executive Assistant/Agenda Coordinator, swore in those
individuals who wished to give testimony on this item.
Mayor Ellis asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Doming, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2008-075 into the record.
Mr. Dorling stated this is a conditional use request to establish a 24-hour
late night business for Chez Mika Restaurant located at 1005 South Congress Avenue.
This is a 3.02 acre parcel and contains a 32,000 squaze foot shopping center with a service
station out parcel. The site was originally constructed in 1964 and is occupied with retail,
office and restaurant uses. The applicant wishes to extend the current operating hours from
midnight to 2:00 a.m. The applicant has agreed to have a security guazd on staff as well as
a patrolling police car for the parking lot during the late night operating hours from 11:00
p.m. to 3:00 a.m. Security will also be available to walk patrons to their car when needed.
In addition to the eight security cameras currently installed on site, two additional exterior
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04/01/08
security cameras aze proposed to monitor the parking lot azeas in front of and across from
the Chez Mika restaurant. The applicant also understands that significant improvements to
the existing lighting and landscaping islands aze needed and has agreed to install the
required upgrades as part of this request.
Mr. Dorling stated as part of this request is a waiver request to allow an
increase in lighting. The maximum foot candle is 4.0 per the City Code and the applicant is
requesting an increase to that as high as 9.0 at the rear entrance to the building.
At its meeting of March 17, 2008, the Planning and Zoning Boazd
considered the request. The Board actually considered this item a month before the March
17`h meeting and at that time the request was actually to allow the facility to stay open until
5:00 a.m. and the applicant revised this to 2:00 a.m. and returned on March 17, 2008. The
Board deliberated for quite some time and had testimony from the Police Department and
the Board recommended denial of the conditional use request with a 3 to 2 vote. The
Police Department expressed their reservations based upon concerns of increased crime and
alcohol consumption after hours. Mr. Dorling stated there have been a number of instances
where the police have been called, however, those have not been a direct result of this
restaurant. Staff recommends that the Commission take testimony and decide whether or
not the applicant should be allowed to stay open until 2:00 a.m. If the Commission allows
them to stay open until 2:00 a.m. then staff requests that this be conditioned on the security
plan and all the conditions that were identified in the staff report by the Planning and
Zoning Board and that the waiver also is granted to provide greater security.
Mackenson Bernard, 2605 W. Atlantic Avenue, #D-202, Delrav Beach,
(speaking on behalf of the Applicant), stated there are several issues that were addressed
at the Planning and Zoning Board Meeting with a 3 to 2 denial. He stated they agreed that
there were certain things they were going to do in order to meet what the Planning and
Zoning Board requested.
Mayor Ellis stated if anyone from the public would like to address the
Commission regarding the conditional use request, to please come forward at this time.
Christina Grand. 6742 Forest Hill Boulevard. West Palm Beach
(Executive Director of New Business Support and Resource Program for the Palm
Beach County area), stated they help with the broken economic development of owner
operated businesses and Chez Mika Restaurant and the owners are members of their
program and they have been helping her with the application to assist with the extending of
the hours so that way she can be profitable and stay in business. Ms. Grand stated in the
Haitian culture it is very common to eat during later hours especially on the weekends. Ms.
Grand stated for cultural purposes the owners would like the two extra hours during the
weekends for what is normal to them for their celebrations and they put their children to
sleep and the mother and father go out and enjoy a late evening meal and this is very
common in the Haitian culture.
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04/01/08
Mr. Bernard stated at the last Planning and Zoning Board Meeting the key
issue is safety. He stated in order for Chez Mika Restaurant to be profitable they need to be
open until 2:00 a.m. In terms of increased crimes, Mr. Bernazd stated the previous owner
(Dave's Baz & Grill) stayed opened late as well and since Chez Mika Restaurant has been
open since September 2007 there have been no crimes associated with her restaurant. Mr.
Bernazd stated at the Planning and Zoning Meeting the police officer had stated it was not a
restaurant and the owner was trying to have a club there. He stated Chez Mika has invested
a great deal of her money in changing the restaurant and with the change in the Southwest
Development area this restaurant would provide a different atmosphere especially for the
Haitian community. He stated the majority of the Haitian restaurants in Delray Beach are
typically where there is no where to sit down and you just come in and get your food.
However, Chez Mika Restaurant will provide something different that one would find in
the Haitian restaurants in Miami because of the community there. Mr. Bernard stated they
have addressed most of the issues in terms of security anytime the restaurant is opened
between 12:00 p.m. - 2:00 a.m. and they have agreed to do so. Also, he stated the Police
Department wanted to be involved in terms of selecting a security guazd that would be on-
site and they have agreed to do so. Mr. Bernazd by allowing the restaurant to be open until
2:00 a.m. would keep the business viable and profitable.
Ms. Grand stated Chez Mika Restaurant is a monumental addition to the
community and noted there is a large Haitian population in Delray Beach. She stated this is
a fine dining Haitian restaurant and there is only two in the entire State of Florida. Ms.
Grand urged the Commission to approve the conditional use.
Lieutenant Marc Woods. Delrav Beach Police Department, stated he
supports Chez Mika Restaurant and noted Chez Mika did a wonderful job fixing the
building and it is a dramatic improvement to the shopping center compared to the old bar
that was in there. Lieutenant Woods stated the objections that were referred to by
Christina Grand were the initial application to make it a night club and have it open until
5:00 a.m. even though the liquor license is only good until 2:00 a.m. Lieutenant Woods
stated they objected to that for multiple reasons. However, with the most recent agreement
to not have live music and close at 2:00 a.m. there are really no objections from the Police
Department just support. As faz as the detail officer, Lieutenant Woods does not want
anyone to think that a business is contingent upon hiring anoff--duty police officer. The
concerns that were expressed at the two Planning and Zoning Board Meetings concerned
just the physical design of the shopping center. Lieutenant Woods stated behind it is I-95
and there is a very large driveway back there which was convenient for trucks but also
convenient for thugs, punks, and getaway cars and the concems expressed by the Police
Department were that anyone that wanted to do the wrong thing could park behind the
restaurant and run around creating a real hazazd for the people working in the restaurant
and also the patrons. Lieutenant Woods stated the lighting in the shopping center is
dreadful and if the applicant is asking for an increase in lighting it will not really impact
anyone except Abbey Delray North which is across Congress Avenue so if they direct the
lighting in the right direction that would be a bonus and actually make the entire shopping
center safer at night and increase security. Lieutenant Woods stated as long as the
conditional use request is rescindable for over use or stretching the live music conditions
19-
04/01/08
then the Police Department will support it.
Mr. Eliopoulos stated he is not concerned with what is actually going on in
the restaurant but he is concerned when patrons leave the restaurant.
Mr. Fetzer stated if the Commission was to approve the conditional use
request this evening what conditions for adequate security would be recommended. In
response, Lieutenant Woods stated the conditional use articulates improving the lighting in
the shopping center. He stated currently it is dangerous for the restaurant to close at
midnight with the lighting the way it is. Lieutenant Woods stated it would be very
important to have an active uniformed security guard watching over the parking lot with a
cazeful closing (i.e. the security guard walking the entire staff out of the restaurant at the
same time after closing).
Mayor Ellis stated in the staff report they recommend that an officer be there
from 11:00 p.m. until 3:00 a.m. Lieutenant Woods stated this would be adequate and
would allow time for the staff to clean up.
There was brief discussion between Lieutenant Woods and the City
Commission regarding the cameras. Ms. Grand explained that the cameras do record at
night.
Mr. McDuffie stated Mr. Dorling talked about the 4.0 maximum foot candle
level requirement and increasing that to 9.0 at the rear entrance along the railroad tracks.
Mr. Dorling stated the increase is up to 9.0 and the highest point is to the rear of the
building by the reaz access point which would be 9.0 and there is some fluctuation between
that and 4.0 and the balance of the site. Mr. McDuffie stated Lieutenant indicated that
there are lighting problems throughout the entire shopping center and asked if we aze
expecting this tenant to address the lighting needs in all of that azea.
Ms. Grand stated Code Enforcement stated regardless of their application
the lighting needs to be improved and they (the landlord) have to do it.
Mrs. Montague asked if they aze improving the entire site or are they
improving just that area. Ms. Grand stated the entire plaza is getting redone. Mr.
McDuffie stated he wanted to make certain that the City had some way to control that the
lighting was improved in the entire plaza and not just the proximity of the restaurant. Mrs.
Montague asked what is located south of this site. Lieutenant Woods stated it is a mini
storage facility that has a wall down the entire length of the property and the railroad tracks
are behind this property. Mrs. Montague asked what types of businesses are north of the
restaurant. Lieutenant Woods stated there is a furniture store, a convenience store/check
cashing market and the immediate suite north of the restaurant is currently empty.
Lieutenant Woods stated the only other thing in the out building to the southwest is a coin
laundry business which stays open until 11:00 p.m. Mrs. Montague asked if there are any
many restaurants that stay open after 12:00 midnight. In response, Mr. Dorling stated in
the City there are many restaurants that are open after 12:00 midnight. Mrs. Montague
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04/01/08
asked if the security issues vary from site to site. Mr. Dorling stated it varies from site to
site and what is being proposed with Chez Mika restaurant is a comprehensive security
plan much more so than a lot of other restaurants aze subject to or provide. Mrs. Montague
asked if food is being served unti12:00 a.m. Mr. Dorling stated it is the understanding that
food is being served unti12:00 a.m. Mr. Dorling stated to qualify as a restaurant they need
to serve meals at all times they are open.
Martv Gerber, Proaerty Manager representing the landlord, stated the
landlord is glad to have Chez Mika in the property on the terms that he originally signed
the lease for and this is not what the lease was signed for. Mr. Gerber stated the landlord
has some concerns and noted that the Police Department is awaze that at the north end
when he bought this property the Universal Supermazket has police protection three nights
a week from 4:00-7:00 p.m. because of the conditions of the people who hang out in that
shopping center. Mr. Gerber stated when he took it over he met with Officer Gregory
Wesner and he changed the lighting as they saw it at that time. Mr. Gerber stated he
received a letter from the Police Department congratulating them for trying to improve the
shopping center. Mr. Gerber stated they are willing to improve the shopping center and
noted they now have a Photometric Plan in place for the entire shopping center. Mr.
Gerber stated the tenants pay CAM (Common Area Maintenance) charges with regard to
the electric. He stated he is willing to foot the bill for all the electric lights the City of
Delray Beach has requested for them. However, by law (provided this infonnation from
the City) they can turn down the lights to a certain degree after 11:00 p.m. Mr. Gerber
stated if Chez Mika is willing to pay for the difference in the electricity used from the
normal closing time until the time that she closes (2:00 a.m.) then he has no objection.
Dr. Joseah Provenzano, 1921 S.W. 36th Avenue, Delray Beach stated he
knows that Abbey Delray is directly across the street and noted he treats a lot of patients
from there and is not sure if they know this is going on. He stated there will be bright
lights and music going on until 2:00 a.m. Dr. Provenzano stated he does not like to be
stereotypical but all the people from Abbey Delray South are going to be asleep and this is
going to keep them awake. He would like to heaz input from people living in Abbey
Delray South. Also, Dr. Provenzano stated earlier in the meeting this evening, when
Elizabeth Alpert presented the Neighborhood Pride Grant and she showed that Delray
Estates had a problem and they had to change their fencing and are still having a continued
crime problem there and noted this is less than a block away from the restaurant. He urged
the Commission to think about the safety of the patrons who will be coming in and out of
the restaurant and what type of parties may go on there (i.e. weddings, reunions, parties).
Mr. McDuffie stated for the record, Abbey Delray North was noticed.
There being no one else from the public who wished to address the
Commission regarding the conditional use request, the public hearing was closed.
There was no cross-examination.
The following individuals gave a brief rebuttal:
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04/01 /08
Mr. Dorling stated with respect to the comments expressed by Dr.
Provenzano and residents were noticed within 300 feet and the City did not receive any
comments from anyone. Mr. Dorling stated his understanding is that this is a restaurant use
and does not include music. Mr. Dorling stated if the Commission approves the
conditional use request, that all the improvements shown in the security plan as well as the
lighting and the landscaping for the center should be in place prior to this business
extending its hours of operation because he feels this is critical for the safety issues that
have come up.
Ms. Grand stated when she originally submitted the application it said until
5:00 a.m. and staff informed her to go ahead and submit the application and see what the
Board would approve. She stated the applicant never intended to stay open until 5:00 a.m.
Ms. Grand stated it has never been considered nor did they even apply for it to be a
nightclub and emphasized that this is only a restaurant. She stated music is being played is
from the speakers as like with any other restaurant so that there is not dead silence in the
restaurant.
Mr. Bemazd stated his biggest concern with the addition of the security
guazd is that some of the other restaurants are not required to have security guards and are
opened past 2:00 a.m. and in order for the applicant to get an agreement with the Planning
and Zoning Deparhnent they agreed to do that. However, Mr. Bernard stated they would
like the Commission to also address this issue. He stated it is just a restaurant where
people eat and noted that they agreed to the lighting issue and to add the two additional
cameras around the azea because of the development of the Southwest area, the area will
change in the next several years and he feels there will be better protection in that area.
Mrs. Montague stated the City regulazly asks for additional security
throughout the City.
Mr. McDuffie stated he would applaud anything that is done in that
particulaz area to improve the life experiences of the people and the safety in that area. He
stated improving the lighting in this shopping center would satisfy his requirements for the
operation of the restaurant. Mr. McDuffie stated there is a leasing issue that needs to be
worked out with the client, landlord and the tenant that the City does not have anything to
do with. Mr. McDuffie reiterated that the City does require lighting and security officers
even to Wal-mart who is about to improve their building out on Militazy Trail. Mr.
McDuffie stated he supports the improvements although there is an issue with the landlord
and the tenant that needs to be worked out.
After brief discussion, the City Attorney noted that one of the conditions
added is that there is no live music in the extended hours and no outside speakers.
The City Attorney briefly reviewed the following conditions: (1) applicant
must have a uniformed security guard on staff from 11:00 p.m. until 3:00 a.m., (2) security
personnel will be available to walk patrons to their cars when needed, (3) two additional
security cameras over the eight already provided and must be installed to monitor the
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04/01/08
parking lot areas in front and across from Chez Mika restaurant and the cameras must
record at night, (4) no live music in the extended hours, (5) no outside speakers during any
time, (6) the lighting must be improved per the perimeters of the waiver that is going to be
acted on next, (7) all improvements that aze required must be in place prior to opening for
the extended hours.
The City Attorney briefly reviewed the Boazd Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mrs. Montague moved to adopt the Board Order as presented with the
conditions as outlined by the City Attorney, seconded by Mr. McDuffie. Upon roll call the
Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -
Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote.
9.D.1. WAIVER REQUEST/CHEZ MIKA RESTAURANT: Consider a waiver
request to Land Development Regulations (LDR) Section 4.6.8, "Lighting", to exceed the
maximum 4.0 foot candle allowance for the Chez Mika Restaurant, located at 1005 South
Congress Avenue in the Sherwood Plaza. (Quasi-Judicial Hearing
Mayor Ellis stated anyone who was not swore in for the previous item and
would like to speak on this waiver request, to please come forward at this time.
Mayor Ellis 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 #2008-075 into the record.
Mr. Dorling stated this waiver request is to allow a maximum foot candle up
to 9.0 and the current Code maximum is 4.0. Staff recommends approval of this request to
provide better security for the entire site.
The City Attorney stated the Photometric Plan should be a condition of the
conditional use approval as submitted and noted the Board Order will be modified to
include this additional condition.
Mackenson Bernard, 2605 W. Atlantic Avenue, #D-202, Delray Beach
IspeakinQ on behalf of the Aaalicant), stated he has already addressed this issue.
Mayor Ellis stated if anyone from the public would like to speak in favor or
in opposition of the waiver request, to please come forward at this time. There being no
one from the public who wished to address the Commission regarding the waiver request,
the public hearing was closed.
-23-
04/01/08
There was no cross-examination or rebuttal.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Fetzer moved to adopt the Board Order as presented, seconded by Mr.
Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr.
Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said
motion passed with a 5 to 0 vote.
At this point, the City Attorney suggested that the City Commission make
another motion to include the requirement as a condition to comply with the Photometric
Plan as submitted in the conditional use (Item 9.D.).
Mrs. Montague moved to approve the requirement as a condition (#8) to
comply with the Photometric Plan as submitted in the conditional use, seconded by Mr.
Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr.
Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion
passed with a 5 to 0 vote.
9_E. THIS ITEM HAS BEEN POSTPONED TO A DATE CERTAIN OF
APRIL 15.2008.
9.F. SPONSORSHIP REQUEST/S.D. SPADY CULTURAL HERTIAGE
MUSEUM ANNUAL GALA: Consider a request from S.D. Spady Cultural Heritage
Museum to provide a table sponsorship in the amount of $1,250.00 for the Annual Gala,
Dancing with the Stars "Spady Style", to be held on April 19, 2008. Funding could be
transferred from 001-6111-519-99.03 (General Fund/Manager's Contingency).
Robert A. Barcinski, Assistant City Manager, stated this is a request for the
Commission to consider sponsoring a table for the Annual Gala Dancing with the Stazs
"Spady Style" to be held on April 19, 2008 at the Marriott in the amount of $1,250.00. Mr.
Barcinski stated funding would have to come from the City Manager's Contingency Fund
(001-6111-519-99.03). The City Commission did sponsor a table for $1,000.00 in 2006.
Staff recommends consideration of this request.
After brief discussion, it was the consensus of the Commission that although
they support the S.D. Spady Cultural Heritage Museum Annual Gala, they will purchase
their own ticket.
9.G. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one
(1) alternate member to the Boazd of Adjustment to serve an unexpired term ending August
31, 2009. Based upon the rotation system, the appointment will be made by Commissioner
Montague (Seat #4).
-24-
04/01/08
Mrs. Montague moved to appoint Patricia Nyera as an alternate member to
the Board of Adjustment to serve an unexpired term ending August 31, 2009, seconded by
Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr.
McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said
motion passed with a 5 to 0 vote.
9.H. RECONSIDERATION OF SPECIAL ACTION REQUEST/OFFICE
DEPOT/CVS PHARMACY BUILDING: Consider a request for reconsideration of the
City Commission action to overturn the Site Plan Review and Appearance Board's
approval of the special action request for the Office Depot/CVS Pharmacy, located at N.E.
6`" Avenue. (ADDENDUM)
The City Attorney stated this is before the City Commission for
reconsideration and under Robert's Rules of Order the Commission must decide if one of
the prevailing Commissioners on the prevailing side agrees to vote at the next regulaz
meeting on the previous vote if the Commission wants to reconsider that vote. The City
Attorney stated this is an appeal that the Commission took on the special request dealing
with the parking for the Office Depot/CVS Pharmacy project. She stated basically the City
Commission approved the appeal which overturned the SPRAB decision which granted
that special request. SPRAB is asking that the City Commission reconsider.
Mr. McDuffie moved to reconsider after review by the Site Plan Review and
Appearance Board (SPRAB), seconded by Mr. Eliopoulos. Upon roll call the Commission
voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr.
Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 12, First Readings.
12. FIRST READINGS:
12_A. ORDINANCE NO. 22-08: Consideration of a privately sponsored
rezoning from GC (General Commercial) to AC (Automotive Commercial) fora 6.28 acre
pazcel located on the east side of Federal Highway (a.k.a. The Ralph Buick Dealership). If
passed, a public hearing will be scheduled for April 15, 2008.
The caption of Ordinance No. 22-08 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED GENERAL COMMERCIAL (GC) DISTRICT
TO AUTOMOTIVE COMMERCIAL (AC) 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
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04/01/08
DESCRIBED HEREIN; AMENDING "ZONING MAP
OF DELRAY BEACH, FLORIDA, "APRIL 2007"
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTNE DATE.
(The official copy of Ordinance No. 22-08 is on file in the City Clerk's
office.)
Commissioner Eliopoulos declared a conflict of interest and stepped down
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 GC (General Commercial) to AC (Automotive Commercial) for a
6.28 acre parcel located on the east side of Federal Highway. The Ralph Buick auto
dealership occupied the site from 1972 to 2005. In 2005, a rezoning request was submitted
by New Century Development Group for the rezoning and allowed for amixed-use
development consisting of 13,781 squaze feet of retail floor area, 13,900 square feet of
office floor azea, 16 condominium dwelling units, and 59 townhouse dwelling units. On
January 3, 2006, the City Commission approved the rezoning of the property from AC to
GC. A conditional use for the stand-alone town house component of the project was also
approved by the City Commission on April 4, 2006. Mr. Dorling stated based on changes
in the market this is now not a viable project.
At its meeting of November 20, 2006, the Planning and Zoning Board held a
public hearing on the AC zoning request (its original zoning). There were two people from
the public that spoke in support of the rezoning. At that time, this was put on hold and is
now being reactivated. Mr. Dorling stated since the first reading was more than a year ago,
it was suggested that a new ordinance be created and rescheduled for this first reading. At
its meeting of December 5, 2006, the City Commission recommended approval.
Mr. McDuffie asked if the residents were re-noticed. The City Attorney
stated this is an advertised first reading and does not require individual notices.
Mr. Fetzer stated at the last Workshop Meeting there was discussion about
the South Federal Highway Corridor and what the City's conceptual plans related to the
Comprehensive Plan were. He asked how this fits into that Plan. Mr. Dorling stated this
would be inconsistent with it and noted that the direction talked about at the meeting was to
encourage mixed-use on the east side of the road and straight commercial as a fall back
position when these auto dealerships vacated the -site. However, Mr. Dorling stated this
rezoning is to accommodate a relocation of an auto dealership more particulazly the jeep
dealership which is where the CVS is proposed to relocate. The Plan is not to phase out
auto use at this time but is to re-establish it here. Mr. Dorling stated it is inconsistent with
the future direction. The Plan that was approved that is no longer viable from an economic
point of view is the future direction for this side of Federal Highway.
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04/01/08
Mr. Fetzer stated he would like to hear more public input at the public
hearing regazding this item.
Mr. McDuffie moved to approve Ordinance No. 22-08 on FIRST Reading,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs.
Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion
passed with a 4 to 0 vote.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager
With regazd to the complaints the City received regazding Lee's Crossing
about the Boy's Market and the truck noise, the City Manager stated the Police Department
has received two complaints in March 2008 and had not gotten anything previously until
August 2007. The City Manager stated two police officers have been looking into this
issue and believe that the noise may be coming from the Post Office and not from Boy's
Market but they are trying to investigate it further to really determine what the source is.
13_B. City Attorney
The City Attorney had no comments and inquiries on non-agenda items.
13.C. City Commission
13.C.1. Mr. McDuffie
Mr. McDuffie stated this past weekend they had the opening ceremonies for
the combined Delray American/Delray National Little League and he enjoyed seeing
everyone there. On behalf of the Board of Directors of the Leagues, Commissioner
McDuffie thanked everyone for their support and for the things the Commission has done
in support of this. Mr. McDuffie stated this is thus far an overwhelming success and
thanked reporters Diana (Palm Beach Post) and Maria (Sun-Sentinel) for their media
coverage of the opening ceremonies.
13.C.2. Mrs. Montaeue
Mrs. Montague briefly commented about the trip she and Mayor Ellis took
to Tallahassee and noted things are tight and aze going to continue to be tight. She stated
the City Commission has some pretty tough decisions they are going to have to make not
only this fiscal year but in the upcoming two or three years. Mrs. Montague commended
the City Manager and staff particularly Doug Smith, Assistant City Manager, for putting
together their talking points and noted they were excellent. Mrs. Montague stated they
were very well received by the State Legislators and they distributed copies of the brochure
for the record. She stated she is hoping those going to Washington have something similar
to what Doug Smith has put together and extended kudos to him.
-27-
04/01 /08
Mayor Ellis stated the Legislators were very appreciative to receive the
brochure and it not only gave the City of Delray Beach's position but the League of Cities
position on Bills that were in committees they served on. She stated the entire brochure
was very helpful.
13.C.3. Mr. Fetzer
Mr. Fetzer stated he is the liaison for the Commission to the Education
Boazd and also to Carver Middle School. He stated he sat in discussions about some issues
at Carver Middle School particularly related to discipline. Mr. Fetzer stated Carver is faced
with a situation where due to the bus schedules classes do not start until 9:30 a.m. and they
had a lazge number of their students showing up at 8:00 a.m. with nothing to do. The
Education Board discussed whether or not the City could do something to help. Mr. Fetzer
stated he went to the City Manager and asked if he could pull together a meeting with the
Police Department and the Parks and Recreation Department and some representatives
from the Education Board. Mr. Fetzer stated the City Manager did this and they continue
to work on things that the City could do and this is a good example of how Delray Beach is
pro-active with its schools. The Pazks and Recreation Department has developed a before
school program now and the Police Department is working toward implementing a Police
Academy Program there. Due to resource constraints with the police, they cannot be there
right at this time but they are starting to involve some police officers. Mr. Fetzer stated he
is very pleased with how the City has pulled together with the Education Board to address
some of these issues and thanked the City Manager for his leadership.
Secondly, Mr. Fetzer stated regarding the surveys for the historic districts
that the City wants; he understands there is not going to be any funding. Mr. Dorling stated
on the Marina District the City did a Request for Proposal (RFP) and received two
responses. One was very high and one was more reasonable. Mr. Dorling stated in the
next week staff will be getting ahold of that reasonable respondent and expediting that
process which should occur in the next few weeks. The deadline is the end of April and
this is in the budget. The other four were being ranked yesterday and staff will know on
Wednesday; however, Mr. Dorling stated he feels confident that the City will be ranked
fairly high. Initially they had concerns that they were going to get no money, however, this
turned azound yesterday and they now think they will get some money. He stated they
received approximateiy $2 million last yeaz and they feel they will get about a half million
or $1 million. Mr. Dorling stated if they get %2 million, the City will get some of what we
need and if they get $1 million he is comfortable that we will get all that we need.
Mr. Fetzer commented about an article which appeared in Sun-Sentinel
News on Friday, March 28, 2008. He stated with all due respect to Maria, the implications
were that the prior Commission did not get along and did not work well together and that
everything is wonderful now. Mr. Fetzer stated he, Commissioner Montague and Mayor
Ellis were all members of that prior Commission and does not feel this was an accurate
assessment. Mr. Fetzer stated the prior Commission did have a lot of differences of
opinion at times but believes they acted professionally and they had a reputation of "getting
things done". Mr. Fetzer stated the article portrayed the current Commission as "laid back"
-28-
04/01/08
and feels it is very important that the Commission act professionally and respect one
another. He encouraged everyone to speak their mind and not necessarily agree with each
other's position on every issue because it generates healthy debate. Mr. Fetzer stated he
hopes that the present Commission will be independent from the influences of others and
continue the tradition of making the most important thing getting things done for the City
of Delray Beach.
13.C.4. Mr. Eliopoulos
Mr. Eliopoulos stated any good reporter likes to get a reaction out of
somebody. He echoed comments expressed by Commissioner Fetzer. Mr. Eliopoulos
stated there have been plenty of Commissions in the past that have had problems or that run
into issues where they did not agree. Mr. Fetzer stated three members on the current
Commission were part of the last Commission and noted the last yeaz was rough, however,
that Commission got things done in their tenure and was one of the more productive
Commissions that the City has had. Mr. Eliopoulos stated he relies on a lot of our previous
Commissioners and Mayors. He stated he respects the previous Commission and thinks
they did a great job.
13.C.5. Mayor Ellis
Mayor Ellis stated the Commission may not always agree but they do not
usually leave with animosity.
Secondly, Mayor Ellis stated the opening ceremonies For the combined
Delray American/Delray National Little League on Saturday were great. She also noted
there were a couple of business ribbon cutting ceremonies over the last week and stated it is
important for her to attend and let them know the City welcomes them to Delray Beach.
Lastly, Mayor Ellis stated she is looking forward to the Goal Setting Session
and meeting with Lyle Sumek.
There being no further business, Mayor Ellis declared the meeting adjourned
at 8:58 p.m.
~Gc~N
~n9 City Clerk
ATTEST:
// \ ~O~ ~~
MAYOR
-29-
04/01/08
The undersigned is the City Clerk of the City of Dekay Beach, Florida, and the infonnation
provided herein is the Minutes of the Regular City Commission Meeting held on April 1,
2008, which Minutes were formally approved and adopted by the City Commission on
April 15, 2008.
~0.u.c,Qt+O- LJ ~~,c.w~
r~ City Clerk
S
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.
-30-
04/01/08
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR VILLAGES AT DELRAY
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY. BEACH, FLORIDA
1. This conditional use request .has come before the City Commission on
April 1, 2008. The Conditional Use Request is for density in excess of 12 units per
.acre, up to 24 dwelling units per acre.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for Villages
at Delray. 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 Objective A 1/Future
Land Use Map: Is the property developed/redeveloped 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 and is consistent with the Land Use Map?
Yes 5 No 0
B. Comprehensive Plan -Future Land Use Element Policy C 1 7: The
Southwest Area Neighborhood Redevelopment Plan was adopted by the City
Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the
revitalization and stabilization of the area. The Southwest Area Neighborhood
Redevelopment Plan is divided into five sub-areas based upon current and proposed
land uses. The sub-areas serve to defined potential boundaries for the phased
Item q. ~,9i1
implementation of the various plan components. Future development in the area must
be in accordance with the provisions of the Redevelopment Plan.
Is this development consistent with the Redevelopment Plan?
Yes 5 No 0
C. Comprehensive Plan - Housing Policv A-12.3: In evaluating proposals
for new development or redevelopment, the City shall consider the effect that the
proposal will have on the stability of nearby. neighborhoods. Factors such as noise,
odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their
potential to negatively impact the safety, habitability and stability of residential areas. If
it is determined that a proposed development will result in a degradation of any
neighborhood, the project shall be modified accordingly or denied.
Does this project negatively impact adjacent residential areas?
Yes 5 No 0
D. Concurrence: Objective B-2 of the Land Use Element of the
Comprehensive Plan requires that development 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 with respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Yes 5 No 0
E. Consistence: Will the granting of the conditional use be consistent
with and further the goals and policies of the Comprehensive Plan?
Yes 5 No 0
11. LDR REQUIREMENTS:
A. LDR Section 2.4.SfE) Reauired Findings: (Conditional Use): Pursuant
to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not:
1. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
2. Hinder development or redevelopment of nearby
properties.
Will Section 2.4.5(E)(5) be met?
Yes 5 No 0
B. REQUIRED FINDINGS RELATING TO DENSITY INCREASE•
LDR Section 4.4.6(8)(3) RM (Medium Density Residential) Zoning District and
LDR Section 4.4.6(1) Performance Standards apply and are attached hereto to allow
264 rental units in 7 buildings.
Are the performance standards in Sections 4.4.6(B)(3) met?
Yes 5 No 0
Are the performance standards in Section 4.4.6(1) met?
Yes 5 No 0
C. Required Findings Relating to Provision of Workforce Housing.
1. LDR Section 4.7.3 -Provision of Workforce Housing Units:
Developers will be awarded density bonus units (additional market rate units),
beyond the base number allowed per existing zoning ordinance after
performance standards have been met, as an incentive to provide affordable
housing units, subject to the limits and requirements of this chapter.
a. Developers may earn bonus units by building housing for
very low, low or moderate income families within the
designated boundaries of the Overlay Districts.
b. All development shall meet the requirements for units as
specified in this chapter and meet all required Land
Development Regulations.
c. Workforce units shall include those units in a development,
which are regulated in terms of:
i. Sales price or rent levels;
ii. Marketing and initial occupancy; and
iii. Continued requirements pertaining to resale or rent
increases.
2. Section 4.7.4 -Density Bonus Program for the Southwest
Neighborhood Overlay District, Carver Estates Overlay District and the Infill
Workforce Housing Area: Developers of property in the Southwest
Neighborhood Overlay District, the Carver Estates Overlay District, and the Infill
Workforce Housing Area that meet the minimum standards will earn bonus units
for building workforce housing for very low, low and moderate income families.
The bonus allowances are set forth in Table 1 below.
TABLE 1 DENSITY BONUS ALLOCATIONS IN THE SOUTHWEST
NEIGHBORHOOD OVERLAY DISTRICT, THE INFILL WORKFORCE
HOUSING AREA AND THE CARVER ESTATES OVERLAY DISTRICT
OPTION -SALE
PROVIDED
VERY LOW 60%
LOW 80% - 61
MODERATE 120% - 81
BONUS PER WORKFORCE UNIT
4
3
2
OPTION -RENT BONUS PER WORKFORCE UNIT
PROVIDED
VERY LOW 60% 3
LOW 80% - 61 % 2
MODERATE 120% - 81 % 1
LARGE HOME OPTION
4 + bedroom workforce housing units 0
Additional 0.5 bonus will be added to the bonus provided above in this chart
There are 264 dwelling units proposed within the subject property (11.03 acres). This
equates to an overall density of 24.0 dwelling units per acre (264 units / 11.03 acres =
23.93 du/ac). The density allowed is 12 du/ac which equates to a total of 132.36
residential units (11.03 acres x 12 du/ac = 132.36 units). The applicant is requesting an
increase of 131.64 units above the 132.36 units allowed (264 - 132.36 = 131.64 units).
To support the increased density, 65.82 moderate income bonus units are needed
(131.64 units / 2 bonus per workforce unit provide = 65.82). Therefore, to obtain the
increase density requested, at least 66 units of the 264 residential units proposed will
be rental workforce housing units for low to moderate income families. It is noted that
out of the 264 units proposed 198 units will be market rate rental units and the
remaining 66 units will be workforce rental units. Out of the 66 workforce housing units
proposed, 6 will be one bedroom units, 30 units will be two bedroom units, and 30 more
will be three bedroom units.
Is this standard metT
Yes 5 No 0
3. The comments and notes set forth in the staff report are hereby
incorporated herein
4. The City Commission has applied the most current Comprehensive Plan
and LDR requirements to this development application and finds that its determinations
as herein set forth are consistent with the Comprehensive Plan.
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 as requested subject to the conditions of the
P&Z Staff Report (attached as Exhibit "B") and hereby adopts this Order this 1st day of
April, 2008, by a vote of 5 in favor and 0 opposed.
ATTEST:
Chevelle Nubin
City Clerk
~~~ ll•
Rita Ellis, Mayor
ESIiIBIT "A"
Conditional Use Request for Villages at Delray
City Commission Order dated 4/1/08 SECTION 4.4.6
Section 4.4.6 Medium Density Res(dential tRM] District:
(A) Pumose and Intent: The Medium Density Residential (RM) District provides a
residential zoning district with flexible densities having a base of six (6) units per acre
and a maximum of twelve (12) units per acre, except within the Southwest
Neighborhood Overlay District and the Carver Estates Overlay District where the
maximum density is twenty-four (24) units per acre, and within the Infill Workforce
Housing Area, where the maximum density is eighteen (18) units per acre. The actual
density of a particular RM development is based upon its ability to achieve certain
performance standards which are intended to mitigate the impacts of the increased
density and ensure that the project is compatible with surrounding land uses. Within the
Southwest Neighborhood Overlay District, the- Southwest 10th Street Overlay District,
and the Carver Estates Overlay District, and the Infill Workforce Housing Area, the
actual density is also based upon the development's ability to comply with Article 4.7
(FamilyNVoridorce Housing). Further, the Medium bens'rty Residential District provides
for implementation of those objectives and policies contained within the Housing
Element of the Comprehensive Plan which call for accommodating a variety of housing
types. [Amd. ord. 24-07 8121/07]; [Amd. Ord. 7-05 ?115105]; (Amd. Ord. 42-97 10/7/97]
(B) Principal Uses and Structures Permitted: The following types of use are
allowed within the (RM) Districtas a permitted use:
{1) Single family detached dwellings.
(2) Duplex structures.
(3) Multiple family structures.
(4) An abused spouse residence with twelve (12) or fewer residents.
(5) Group Homes, Types 1 and 2, and Community Residential Homes,
pursuant to restrictions set forth in Section 4.3.3(1). [Amd. Ord. 23-01 5/1/01]
(f,) Parking lots not associated with a use, pursuant to an adopted
neighborhood or redevelopment plan. [Amd. Ord. 8.00 414/00]
(7) Pocket parks. [Amd. Ord. 8-00 4/4100)
(8) Public edugtional facilities of The School District of Palm Beach County,
pursuant to the regulations set forth in Section 4.3.3 (HH). [Amd. Ord. 24-02 7/16/02]
(C) Accessory Uses and Structures Permitted: The following uses are allowed
when a part of, or accessory to, the principal use:
(1) Uses and structures normally associated with residences such as: bird
aviaries, boat docks, dog houses and dog runs, garages, greenhouses, playhouses,
4.4 -17
SECTION 4.4.6 (Hj {6) (a)
(a)
urnu rvonc~orce Housina Area: Density bonuses above 12 units per
acre may be. granted as a Conditional Use to eligible properties within
the Southwest Neighborhood and Carver Estates Overlay Districts,
defined in Section 4.5.9 and 4.5.11, respectively, and within the Infill
Workforce Housing Area, Section 4.5.12, subject to the regulations set
forth ' in .Chapter 4, Zoning Regulations", and Article 4.7,
°FarrmilylWorkforoe Housing'. [Amd. Ord. 1T-06 4/4/06]; [Amd. Ord,
7-05 2/15/05]
(b) S.W: 10"' Street Overlav District Within the S.W. 10~' Street Overlay
DrstnCt defined in Section 4.5.10, in addition to the performance
standards listed In Section 4.4.6(1); increases to a projects density
beyond six (6) units per acre is subject to the regulations set forth in
Chapter 4, °Zoning Regulations", "Family/Worldorce Housing'. [Amd.
Ord. 17-06 4/4/06]; [Amd. Ord. 7.05 2115705]
m Pertortnance Standards: [Amd. Ord 42-97 10!1/97]•
(1) These standards shall apply to all site plans approved subsequent to
October 7, 1997, and for modifications to existing developments which involve the
creat"wn of additional residential units. [Amd. Ord 42-97 1t)/7/9T]
In orcter to increase a project density beyond six (6) units per acre,'the
approving body. must make a finding that the development substantially complies with
the performance standards listed in this section. The intent of the standards is to
mitigate the impacts of the additional density both internal and external to the site. The
extent to which a project meets the standards will determine the number of units per
acre that will be permitted. Far example, "rf a project meets or exceeds all of the
standards, and is otherwise consistent with applicable standards and policies of the
City's Comprehensive Plan and Land Development Regulations, the maximum density
is permitted. Projects which only partially achieve these standards will be permitted a
correspondingly lower density. The performance standards are as follows: [Amd. Ord
4297 10/7/97]
(a) The traffic circulation system is designed to control speed and reduce
volumes on the interior and exterior street network. Thls can be
accomplished through the use of traffic calming devices; street
networks consisting of loops and short segments; multiple entrances
and exists into the development; and similar measures that are
intended to minim¢e through traffic and keep speeds within the
development at or below 20 m.p.h. [Amd. Ord 4297 10/7/97]
(b} Buildings are placed throughout the development in a manner that
reduces the overall massing, and provides a feeling of open space.
[Amd. Ord 42-97 108197]
4.4 - 22
SECTION 4.4.6 (I) (7) (c)
(c) Where immediately adjacent to residential zoning districts having a
lower density, building setbacks and landscape materials along those
adjacent property lines are increased beyond the required minimums in
order to provide a meaningful buffer to those lower density areas.
Building setbacks are increased by at least 25% of the required
minimum; at least one free per 30 linear feet (or fraction thereof) is
provided; trees exceed the required height at time of planting by 25%r
more; and a hedge, wall or fence is provided as a visual buffer between
the properties. [Amd. Ord 42.97 10R/97[
(d) The development offers a varied streetscape and building design. For
example, setbacks are staggered and offset, with varying roof heights
(for multi-family buildings, the planes of the facades are offset to add
interest and distinguish individual units). Building elevations
incorporate diversity In window and door shapes and locations; features
such as balconies, arches, porches, courtyards; and design elements
such as shutters, window mullions, quoins, decorative tiles, etc. [Amd.
Ord 42--97 10/7/97]
(e) q number of different unit types, sizes and floor plans are available
within the development in order to acroommodate households of various
ages and sizes. Multi-family housing will at a minimum have a mbc of
one, two and three bedroom units with varying floor plans. Single
family housing (attached and detached) wilt at a minimum offer a mix of
three acid four broom units with varying floor plans. [Amd. Ord 42-
97 10R/97]
(f) The development is designed to preserve and enhance existing natural
areas and/or water bodies. Where no such areas exist, new areas
which provide open space and native habitat are created and
incorporated into the project. [Antd. Ord 42-97 10/7/97]
(g) The project provides a convenient and extensive bicyde/pedestrian
network, and access to available transit. [Amd. Ord 42-97 10/7/97]
(2) It is acknowledged that some of the above referenced standards may not
be entirely applicable to small, infili type residential projects. For those types of
projects, the ultimate density should be based upon the attainment of those standards
which are applicable, as well as the developments ability to meet or exceed other
minimum code requirements. [Amd. Ord 42-97 10/7197]
(3) For vacant property that is proposed for rezoning to RM with a density
suffix, the approving body must made a finding that the proposed density is appropriate
based upon the future land use map designations of surrounding property as well as
the prevailing development pattern of the surrounding area. [Amd. Ord 42-97 10R/9T]
4.4 - 23
FJCNIBIT "B"
List of CondWons
For fire
Conditional Use Request for Villages at Delray Dated ApNI 1, 8008
1. Approval of the site plan by SPRAB that is in general conformance to the
submitted site plan and addresses the F~dribit 'A" -Technical Items and
conditions of approval attached in the staff report;
2. That if the workforce housing units are sold it should be done in acxordance with
Article 4.7;
3. That greater variety of floor plan designs for the one, iwo, and bedroom units
shall be provided during the site plan review process;
4. That a plat must be processed and recorded prior to issuance of a building
permit.
5. That a bus shelter easement(s) shall be provided on the east side of Auburn
Avenue and that a bus shelter shall be installed and depicted on the site plan.
The City Engineer will provide detail on the bus shelter.
6. That a workforce housing units are rented in accordance with Artice 4.7;
7. That the applicant shall coordinate with the Community Improvement Department
on renter/buyer eligibility and rent and housing prices;
8. That the applicant shall provide wheel stops and curbing within the overflow
sodded parking areas when the City Engineer deems it necessary;
9. That a parking access agreement that allows the use of the Day Care parking
area for overflow parking is signed and executed;
10. That an additional trash compactor location is provided on site;
11. That appropriate gates to allow pedestrian access from the Day Care parking
area to the adjacent residential buildings are clearly labeled and depicted on the
site plan;
12. That no amendments to the covenants shall be made unless by written
instrument approved by the City; and
13. That a composite utility plan be provided with the site plan application.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR CHEZ MIKA RESTAURANT
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This conditional use requests has come before the City Commission on
April 1, 2008 for a late night business extending the hours until 2:00 a.m.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for Chez
Mika Restaurant. All of the evidence is a part of the record ih this case. Required
findings are made in accordance with Subsections I and II.
I. COMPREHENSIVE PLAN
a. Comprehensive Plan -Future Land Use and Map: Is the future use and
intensity of the development consistent with the future land use .map and
comprehensive plan and is it appropriate in terms of soil, topographic, and other
applicable physical considerations, is complementary to adjacent land uses, and fulfills
remaining land use needs.
Yes 5 No A
Subject to the conditions listed in Exhibit "A".
b. Concurrence: 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
Subject to the conditions listed in Exhibit "A".
I~~~, q .~ +11
ll. LDR REQUIREMENTS:
LDR Section 2.4.5fE) Required Findings: (Conditional Use): Pursuant to
Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not:
i. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
ii. Hinder development or redevelopment of nearby properties.
Will Section 2.4.5(E)(5) be met?
Yes 5 No 0
Subject to the conditions listed in Exhibit "A".
3. The comments and notes set forth in the staff report are hereby
incorporated herein.
4. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original development application was
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
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 the Conditions set forth in
Exhibit A, attached hereto and made a part hereof, and hereby adopts this Order this
15` day of April, 2008, by a vote of 5 in favor of denial and 0 opposed.
Rita Ellis, Mayor
ATTEST:
Chevelle Nubin
City Clerk
z
EXHIBIT "A" TO THE CONDITIONAL USE REQUEST FOR CHEZ MIKA
CONDITIONS
1. Applicant must have a uniformed security guard on staff during the hours of
11:00 p.m. and 3:00 a.m.
2. Security personnel will also be available to walk patrons to their cars when
needed.
3. Two additional security cameras over the eight (8) currently present must be
installed to monitor the parking lot areas in front of and across from the Chez
Mika restaurant. The cameras must be able to record at night.
4. No live music in extended hours.
5. No outside speakers at any time.
6. Need to improve lighting in shopping center.
7. All improvements that are required must be in place prior to operating within the
extended hours.
8. Must adhere to submitted photometric plan.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR CHEZ MIKA RESTAURANT
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This waiver request has come before the City Commission on April 1,
.2008 to use the waiver request as to exceed this requirement at the rear entrance, up to
9.0 foot candles and along the perimeter, up to 6.3 foot candles.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for the Chez Mika
Restaurant. All of the evidence is a part of the record in this case. Required findings
are made in accordance with Subsection I.
I. WAIVERS:
Pursuant to LDR 4.6.8(B)(3)(c) the maximum foot candle requirement is 4.0. The
Applicant wishes to exceed this requirement at the rear entrance, up to 9.0 foot candles
and along the perimeter, up to 6.3 foot candles.
Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body
shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver would
be granted under similar circumstances on other property for another applicant
or owner.
Would the waiver of Section 4.6.8(B)(3)(c) to exceed the maximum foot candle
requirements comply with the requirements of 2.4.7(8)(5)?
Yes 5 No 0
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original development application was
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
1
I}-~Yr~ ~,~~
4/. ~~
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves or
denies the waiver request to LDR Section 4.6.8(B)(3)(c).
Approve Deny
X
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 15` day of April, 2008, by a vote of 5 in favor and
0 opposed.
ATTEST:
Chevelle Nubin, City Clerk
~//~~ ~1~L ~JLVa,c~
~ Rita Ellis, Mayor
2
FORM 8B MEII
COUNTY, MUNICIP
LAST NAME-FIRST NAME-~.IIOOLE NAME
:liopoulos, Gary P.
VLJNG ADDRESS -
LOS George Bush Boulevard
CITM COUNTY
Delray Beach.,. Florida 33444 Palm Beach
DATE ON WHICH VOTE OCCURRED
OF VOTING CONFLICT FOR
HER LOCAL PUBLIC OFFICERS
NAME of aOMD, colu+ck. oaunsslDN, A.Un10RITY, aR conrMrTT~
Delray Beach City Commission
WHICH 1 SERVE IS A UNR OF
;(CRY OCOl1NTY OOTHER
n}vtE of aotmcAl: sueomslDN;
MY POSITION IS:
X7 ELECTIVE O APPOINT
oN
WHO MUST FILE FORM 8B
This fonhis for use by any person serving at the county, dty, or other local level of govemment on an appointed or elected board, coundi,
commission, authority, or committee. It applies equally to members of advisory and nonadvisory bodies who are presented with a voting.
oonflid of interest under Section 112.3143, Florida Statutes
Your responsibilities under the law when faced with. votingon a measure in which.you have a eonBid of interest will vary-greadydepefWing.
On Whether youtwld an elective or appointive position: For this reason, please pay dose attention to the instmclions 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, munidpal, or otherlocal public office MUST ABSTAIN from voting on a measure which
'nures to his or her specal pdvate gain: or loss: Each eleded:orappointed aocafofficer also isprohibfted from knowingly voting ort a mea-
ure which inures to the spedal gain or loss of a pdndpal (other than a govemment agency) by whom he or she is retained (including the
arent organization or subsidiary of a corporate pdndpal by which he or she is retained); to the spedal private gain or loss of a relative; or
to the spedal private gain or loss of a business associate. Commissioners of community redevelopment agendes under Sec. 163.356 or
163.357, F.S., and oKcers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
rapacity.
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 assocate" 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 descdbed above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly slating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 GAYS 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 partidpate in these matters. However, you
must disclose the nature of the confict before making any attempt to inguence the derision, whether orally or in writing and whether made
by you or at your direction. -
= YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
'AKEN:
• 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 88 - EFE 1/2000
11em ~~. ~ PAGEt
APPOINTED OFFICERS (continued >
.,
• A Dopy of the tl~m mtrst be' provided immedtatety:to the ofhef members of gte agency;
• The forth mtrst'be read put)iicly at.the ng# meefirgafter theform is filed.
IF YOU fdAlCfi NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disdo;e orallythe nature of your conflict in the measure! before partidpatings ,
• You must complete the form and file k w~lhin i5 days after tfre vote ocwrs with the'persdri responsible for recording ttie"m(nutes of:the`
meeflng, who must incorporete the form in the minutes: A copy of the form must be provided immediately to the other members of the
agency, and the. faun must be read puWidy at the ne# meefing after the form is filed. ..
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I Gary P. Eliopoulos ,herebydisdosethatan ~~ ~ r / ~~ _. ,20,,0:
(a)i4 measure came orwill`come before my agency which (Crack one)
_ inured to my special pdvate gain or loss; - .
_76X inuredt¢tfiespedatgainorloss'ofmybusinessassociate, rrrin4T t~ Flinpc»lna Architects. P.A:
_ inuredto the special gain or loss of my relative, ~ ~ ~ - - - ;
_ inured to tfie spedalgain orioss of , by
wham I am retained; or
_ inurerl~to the.;pecal,gain er bsS.of ' ~ . ; ~~ `. ::-- ~ ,which -
isihe parent organization or subsidiary.of a~prindpal which has retained me.
(b) The measure before myagency and the nature of my conflicting interest in the measure is as follows:
i Og
Date F~e~ - ~ 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 EXCEEO $10,000.
CE FORM 88 - EFF. 12000 PAGE 2