04-15-08 Minutes RegAPRIL 15.2008
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Vice-Mayor Brenda Montague in the Commission
Chambers at City Hall at 6:00 p.m., Tuesday, April 15, 2008.
1. Roll call showed:
Present - Commissioner Gary Eliopoulos
Commissioner Fred Fetzer
Commissioner Woodie McDuffie
Vice-Mayor Brenda Montague
Absent - Mayor Rita Ellis
Also present were - David T. Hazden, City Manager
Susan A. Ruby, City Attorney
Lanelda Gaskins, Acting Deputy City Clerk
2. The opening prayer was delivered by Father Danis Ridore with St. Vincent
Ferrer Catholic Church.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mr. Eliopoulos requested that Item 8.C., Service Authorization No.
1.7/PGAL of the Consent Agenda be moved to the Regulaz Agenda as Item 9.A.A.
Also, he requested that Item 8.D., Traffic Signal Modification/Palm Beach
County/N.E. 4`" Street Improvements of the Consent Agenda be moved to the Regular
Agenda as Item 9.A.A.A.
Mr. Fetzer moved to approve the Agenda as amended, seconded by Mr.
McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr.
McDuffie -Yes; Vice-Mayor Montague -Yes; Mr. Eliopoulos -Yes. Said motion
passed with a 4 to 0 vote.
5. APPROVAL OF MINUTES:
Mr. Eliopoulos moved to approve the Minutes of the Regular Meeting of
April 1, 2008, seconded by Mr. McDuffie. Upon roll call the Commission voted as
follows: Mr. McDuffie -Yes; Vice-Montague -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -
Yes. Said motion passed with a 4 to 0 vote.
04/15/08
Mr. McDuffie moved to approve the Minutes of the Workshop Meeting of
April 8, 2008, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows:
Vice-Mayor Montague -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -
Yes. Said motion passed with a 4 to 0 vote.
6. PROCLAMATIONS:
6.A. Municiaal Clerk's Week -Mav 4-10, 2008
Vice-Mayor Montague read and presented a proclamation hereby
proclaiming May 4 through May 10, 2008 as Municipal Clerk's Week. lanelda Gaskins,
Acting Deputy City Clerk, came forward to accept the proclamation.
6.B. National Public Works Week-Mav 18-24, 2008
Vice-Mayor Montague read and presented a proclamation hereby
proclaiming the week of May 18 through May 24, 2008 as National Public Works Week.
Richard Hasko, Director of Environmental Services, came forward to accept the
proclamation.
6.C. National Historic Preservation Month -Mav 2008
Vice-Mayor Montague read and presented a proclamation hereby
proclaiming May 1, 2008 through May 31, 2008 as National Historic Preservation
Month. Stephanie Shipley, Delray Beach Historical Society, came forwazd to accept the
proclamation.
7. PRESENTATIONS:
7.A. Delrav Camera Club Awards Presentation
Vice-Mayor Montague stated the Delray Camera Club is a group of
amateur and professional photographers who meet twice a month to learn more about
photography from one another and from informative workshops, lectures, slide shows,
field trips and monthly competitions. The club's exhibit this year is called "Reflections
of South Florida 2008."
Vice-Mayor Montague introduced the winners of this year's competition
and presented each of them with a Certificate of Achievement.
First Place: Second Place:
Tom Rasmussen - "Roseatte Stuart Freedman - "Egrets Together"
Spoonbill" Third Place:
Judy Goldston - "Miami Snow Globe"
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7.B. Green Task Force Presentation
Nancy Schneider, Chair of the Green Task Force, noted that the following
Green Task Force members aze also present in the audience this evening: Dan Sloan,
John Koenig, Joe Snider, and Kazla Vailliancour[.
Ms. Schneider stated the first meeting for the Green Task Force was held
on February 27, 2008 and noted in the last six weeks the Task Force has accomplished a
lot. She stated green is about sustainability and noted that what they do now should not
negatively affect future generations (i.e. economic, environmental, livability). Ms.
Schneider stated the action plan for the Green Task Force was to think about priorities
and the biggest payback in terms of results and benefits for what they would do for the
City. The criteria was the cost of the programs, the benefits, resilience, cazbon reductions
and also green jobs aze some of the things the Task Force is looking at.
Ms. Schneider stated the Green Task Force created a website called
sustainabledelray.org and noted that a couple of weeks ago she was in Tallahassee
attending a conference with people all over the State and they were really impressed with
the website.
Mr. Fetzer congratulated the Green Task Force for getting off to a great
start and noted the Commission had high expectations of this group because of the people
the Commission appointed to the task force. He stated with the limited resources that the
City has and with the current environment we have to look for things that have the
biggest pay back. Mr. Fetzer thanked the Green Task Force for what they are doing and
feels their input is going to be very valuable to the City.
7_C. City of Delrav Beach Residents Academv Certificates -Janet Meeks
(ADDENDUM)
Janet Meeks, Education Coordinator, stated she is very proud to present
the 13`h graduating class and noted this was one of the best attendance groups so far.
Mrs. Meeks and Vice-Mayor Montague presented City of Delray Beach Residents
Academy Certificates to the following individuals:
Donna Beldowicz
Evelyn Bandel
Saul and Rosalyn Elfman
Laura Fay
Evelyn and Arnold Fine
Lester Fisbbein
Patsy Fox
Judith Giovino
Lowell and Joan Kaplan
Kristina Maricic
Jeff Meiselman
Dianne and Patrick Mercardante
Mary Eve Minieka
Justin Nannariello
Clayton Peart
Ben Soto
Kirsten Stanley
Amanda Wallace
Helen and Stanley Wasserstein
Angela Williams
04/15/08
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. ACCEPTANCE OF EASEMENT DEED/WALLACE DODGE:
Approve and accept an easement deed for the installation of a water and sewer easement
at Maroone Chrysler Jeep Dodge located at 1001 and 1111 Linton Boulevazd.
8.B. REQUEST FOR SIDEWALK DEFERRAL/413 S.W. 6"' AVENUE
Approve a request to defer the installation of a sidewalk in front of 413 S. W. 6 Avenue.
8_C. SERVICE AUTHORIZATION NO. 1.7/PGAL: Approve Service
Authorization No. 1.7 to PGAL in the amount of $10,367.50 for the additional Threshold
Inspection Services required for the completion of the Old School Square Pazking Gazage
Project. Funding is available from 380-4150-572-63.29 (2004 G.O. Bond/Improvements
Other/Old School Squaze Pazking Garage).
8_D. TRAFFIC SIGNAL MODIFICATION/PALM BEACH
COUNTY/N.E. 4` STREET IMPROVEMENTS: Approve payment in the amount of
$82,170.50 to Palm Beach County for the modification of traffic signals at the
intersections of N.E. 5`h and N.E. 6`h Avenue at N.E. 4~h Street. Funding is available from
448-5461-538-65.31 (Storm Water Utility Fund/Other hnprovements/N.E. 4`h St- N.E. Ss'
NE 6s').
8.E. S.E: N.E. STn AVENUE RRR FUNDING/FLORIDA DEPARTMENT
OF TRANSPORTATION (FOOT): Approve and authorize the Mayor to write a letter
to the Florida Department of Transportation (FOOT) requesting that FOOT enter into an
agreement with the City to combine FDOT's S.E.-N.E. 5`h Avenue resurface, restore and
rehabilitate (RRR) funding with the City's proposed beautification project and requesting
that the City handle the design and construction of the combined funded project.
8_F. DUI GRANT APPLICATION/FLORIDA DEPARTMENT OF
TRANSPORTATION: Authorize staff to submit an application to the Florida
Department of Transportation (FOOT) Highway Safety Grant award in the amount of
$110,376.00 for funding for the Police Deparhnent's Driving Under the Influence (DUI)
program. The grant covers 50% of the salary for the DUI Enforcement Officer. Funding
is available from 001-2115-521-12.10 (General Fund/Regulaz Salaries).
8.G. BULLETPROOF VEST GRANT/DEPARTMENT OF NSTICE:
Authorize staff to submit an application to the Department of Justice for funding in the
amount of $13,275.45 for 45 vests for the Bulletproof Vest Program.
88=H. MUTUAL AID AGREEMENT/PALM BEACH COUNTY LAW
ENFORCEMENT AGENCIES: Approve a mutual aid agreement by and among Palm
Beach County law enforcement agencies which permits voluntary cooperation and
assistance of a routine law enforcement nature across jurisdictional lines, and provides
for the rendering of assistance in a Iaw enforcement emergency.
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8_I. MUTUAL AID AGREEMENT/PALM BEACH COUNTY
SHERIFF'S OFFICE (PBSOI: Approve a mutual aid agreement between the City and
the Palm Beach County Sheriffs Office (PBSO) for law enforcement assistance to jointly
address aggressive driving behavior within the City and neighboring unincorporated areas
of Palm Beach County.
8_J. PURCHASE ORDER INCREASE/CHAZ EQUIPMENT
COMPANY, INC.: Approve an increase of $22,800.00 to purchase order #649857,
Chaz Equipment Company, Inc., for modifications to turn lanes onto East Atlantic
Avenue for the U.S. 1 Temporary Improvements Project. Funding is available from 334-
4141-572-65.99 (General Construction Fund/Capital Outlay/S.E.-N.E. 5`s & 6`h Avenue-
S.E. 4`h N.E.).
8_K SPECIAL EVENT REOUESTBED RACE: Approve a special event
request to allow the 11 Annual Bed Race proposed to be held on May 16, 2008 from
5:30 p.m. until 7:30 p.m., to grant a temporary use permit per LDR's Section 2.4.6.(F) for
the use and closure of N.E. 2"d Avenue between N.E. 2" Street and N.E. 3`d Street, to
authorize staff support for traffic control and security, EMS assistance, trash removal and
clean up, barricading, use and set up of the small stage, and prepazation and installation
of event signage; contingent on the sponsor providing a certificate of liability insurance.
8_L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period March 31, 2008 through April 11, 2008.
8.M. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Randolph & Dewdney Construction, Inc. in the
amount of $148,757.44 for the construction of the Fire Station No.
1 Wind Retrofit Project. Funding is available from 334-2311-522-
62.87 (General Construction FundBuildings/Storm Hazdening).
2. Contract award to All Florida Generator Installations, Inc. in the
amount of $45,118.00 for the emergency backup generator for the
new Information Technology (IT) Building. Funding is available
from 334-6112-519-62.85 (General Construction Fund/Capital
Outlay/City Hall Exp-IT Building).
3. Contract award to Bell South in the amount of $10,205.52 annually
for a three (3) year contract for one (1) Primary Rate ISDN circuit
for the support of the telephone lines at City Hall, the Community
Center and the City Attorney's Office. Funding is available from
001-1802-512-41.10, 001-1802-512-41.10, and 001-1611-514-
41.10 (General Fund/Telephone Expenses (General
Fund/Telephone Expense).
04/15/08
4. Contract awazd to McCabe Brothers Construction Corporation in
the amount of $177,392.00 for renovations to the Atlantic Dunes
- Pazk Boazdwalk. Funding is available from 334-4170-572-63.48
(General Construction Fund/hnprovements Other/Atlantic Dunes
Boazdwalk).
5. Contract award to McCabe Brothers Construction Corporation in
the amount of $54,826.62 for renovations to the Police Depaztment
Briefing Room, Report Writing and Mail Room. Funding is
available from 334-2111-521-46.10 (General Construction
Fund/Repair & Maintenance Services/Building Maintenance).
6. Contract award to Technical Inspections, Inc. in the amount of
$16,725.00 for Cleaning the Wet Well in Lift Station No. 50 on
Lowson Boulevard. Funding is available from 442-5178-536-
68.15 (Water/Sewer Renewal and Replacement
Fund/Irnprovements Other/Lift Station Rehabilitation).
7. Contract award to Technical Inspections, Inc. in the amount of
$30,100.00 for rehabilitation of Lift Stations No. 94A, 95 and 107.
Funding is available from 442-5178-536-68.15 (Water/Sewer
Renewal and Replacement Fund/hnprovements Other/Lift Station
Rehabilitation).
8. Purchase award to Duval Ford in the amount of $27,534.00 for the
purchase of two (2) F-150 4x2 Pick-Up Trucks including
accessories and warranty via the Florida Sheriff's Association
Rollover Contract #06-14-0821, Specification #33. Funding is
available from 501-3312-591-64.20 (Central Gazage
Fund/Automotive).
9. Purchase award to lID Supply Waterworks, LTD in the amount of
$40,436.53 for various piping materials to be installed by the
City's in-house construction crew for the Lakeview Golf Course
Reclaimed Water Project. Funding is available from 441-5181-
536-65.96 (Water/Sewer Fund/Other Improvements/Reclaimed
Water Transmission).
10. Purchase award to EVS in the amount of $18,976.00 for the
purchase of two (2) T3 Personal Electric Mobility Vehicles for the
Police Department. Funding is available from 115-2111-521-
64.90 (Special Projects Fund/Machinery/EquipmenUOther
Machinery Equipment).
11. Bid award to multiple vendors in the estimated annual amount of
$187,000.00 for the purchase of chemicals and fertilizers for the
City Funding is available from 001-4131-572-52.26 (General
Fund/Operating Supplies/Gazdening Supplies), 119-4144-572-
52.21 (Beautification Trust Fund/Operating Supplies/Chemicals),
001-4131-572-52.21 (General Fund/Operating
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Supplies/Chemicals), 445-4714-572-52.26 (D.B. Municipal Golf
Course/Operating Supplies/Gazdening Supplies), and 446-4714-
572-52.26 (Lakeview Golf Course/Operating Supplies/Gardening
Supplies).
Mr. Fetzer moved to approve the Consent Agenda as amended,
seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr.
Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Vice-Mayor Montague -Yes.
Said motion passed with a 4 to 0 vote.
9. REGULAR AGENDA:
9.A.A. SERVICE AUTHORIZATION NO. 1.7/PGAL: Approve Service
Authorization No. 1.7 to PGAL in the amount of $10,367.50 for the additional Threshold
Inspection Services required for the completion of the Old School Square Pazking Gazage
Project. Funding is available from 380-4150-572-63.29 (2004 G.O. Bond/Improvements
Other/Old School Squaze Parking Garage).
Richard Hasko, Director of Environmental Services, stated this is a service
authorization for PGAL (prime consultants for the Old School Square Garage). Staff is
in the process of trying to final out all of the outstanding invoicing for the miscellaneous
tasks that occur during the course of the project. He stated the total cost for the testing
and inspections exceeded the estimated amount of $10,367.50 for additional geotechnical
work that occurred early on during the garage construction. Mr. Hasko stated staff had
concerns when they first started the project because of experiences on similaz types of
construction in the downtown area of excessive vibration because of the way the soils and
the stabilization material and the pilings were being compacted on the site. Mr. Hasko
stated because of that and trying to be very sure to be conservative about not having any
damage to any of the adjacent buildings, particularly being so close to Old School Square
and the gymnasium, staff had their geotechnical consultant out there doing a lot more
monitoring than anticipated and unfortunately it has taken this long to catch up with the
billing.
Mr. Eliopoulos stated the testing portions was pretty much for the soil
testing. Mr. Hasko stated the testing was for the soil testing and not for any of the
structure. Mr. Eliopoulos stated this work has already been done and now the
Commission is approving it and he would like to see this get approved prior to the work
being done. Mr. Eliopoulos stated in the future he would like to have this set up where
we have some kind of control of it just to make sure it is not being abused and he would
like to see this before the work is done.
Mr. Fetzer inquired about the Construction Manager at Risk project and
the guaranteed maximum price and asked why this would not be covered under the scope
of that. In response, Mr. Hasko stated the CM at Risk scope was for the GMP
(Guaranteed Maximum Price) and when you get to the GMP you have a set of plans and
you aze ready to go to work and you have an established price for that and it is for the
construction scope. For example, Mr. Hasko stated the testing is part of the consultants'
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scope of services primarily because you do not want the testing lab who is actually doing
the testing on the materials and the construction that the CM is installing to be working
for the CM. He stated it also gives the City (the owner) better control over those
consulting costs. Mr. Hasko stated it would have been difficult on this particular contract
because it was a cumulative thing going on while the construction was happening.
Mr. Eliopoulos moved to approve Item 9.A.A. (Service Authorization No.
1.7), seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr.
Fetzer -Yes; Mr. McDuffie -Yes; Vice-Mayor Montague -Yes; Mr. Eliopoulos -Yes.
Said motion passed with a 4 to 0 vote.
9.A.A.A. TRAFFIC SIGNAL MODIFICATION/PALM BEACH
COUNTY/N.E. 4` STREET IMPROVEMENTS: Approve payment in the amount of
$82,170.50 to Palm Beach County for the modification of traffic signals at the
intersections of N.E. 5`h and N.E. 6`h Avenue at N.E. 4`h Street. Funding is available from
448-5461-538-65.31 (Storm Water Utility Fund/Other hnprovements/N.E. 4~' St- N.E. 5`h
NE 6"').
Richard Hasko, Director of Environmental Services, stated this is a request
for payment to Palm Beach County in the amount of $82,170.50 for traffic signalization
modifications that were required when the City did the improvement work on N.E. 4s'
Street between the Federal pairs. Mr. Hasko stated this fell through the cracks in teens of
getting this to the Commission for authorization to make this commitment to Palm Beach
County and this was something that had to be done in order to finish the project. He
stated the project was dragging out waiting for this to be done but certainly staff realizes
and acknowledges that at their level they do not have the authority to make this kind of
commitment. Mr. Hasko apologized to the City Commission for staff s over site.
Mr. McDuffie moved to approve Item 9.A.A.A. (Traffic Signal
Modification/N.E. 4`h Street Improvements), seconded by Mr. Eliopoulos. Upon roll call
the Commission voted as follows: Mr. McDuffie -Yes; Vice-Mayor Montague -Yes;
Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote.
9_A. PRELIMINARY AND FINAL PLAT/MIDTOWN DELRAY:
Consider approval of a preliminazy plat and certification of a final plat fora 9.85 acre
mixed-use development containing 116 fee-simple townhouse lots (32 of which are
subject to the City Workforce Housing Ordinance) and 29,571 square feet of medical
office to be platted as Midtown Delray, located at the southwest corner of Linton
Boulevard and Old Germantown Road, west of Pazk Access Road. (Quasi-Judicial
Hearin
Vice-Mayor Montague read into the record the City of Delray Beach
procedures for aQuasi-Judicial Hearing for this item and all subsequent Quasi-Judicial
Hearings.
Lanelda Gaskins, Acting Deputy City Clerk, swore in those individuals
who wished to give testimony on this item.
04/15/08
Vice-Mayor Montague asked the Commission to disclose their ex parte
communications. Mr. McDuffie stated he had two emails; one email was on the current
condition of the property and the second one on actually how the City allowed Blood's to
sell the property to begin with and there was no reply. Vice-Mayor Montague stated she
too received the same emails and she assumes that these were forwarded to the City
Clerk. She stated she also had a conversation with Michael Weiner. Mr. Eliopoulos
stated he received the same emails and there was no response. Mr. Eliopoulos stated he
did meet with the applicant and Michael Weiner.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2008-069 into the record.
Mr. Dorling stated this plat was before the Commission on Mazch 18,
2008 at which time they recommended for it to be rescheduled to a time certain of April
1, 2008. There was direction given at that time that the two azeas of conditions of
approval that were granted on December 11, 2007 should be addressed prior to
consideration of the plat. Those related to two things with respect to unit sizes,
specifically a need to widen the gazages and expand the master bedroom sizes and it was
acknowledged that those two might modify the actual lot lines within the plat. Therefore,
it should be appropriately addressed prior to deliberation of the Commission. He stated
the second condition was that the Commission wanted a reference to the master
association to maintain unified control and responsibility over certain common elements
including drainage, cross access and landscaping. Mr. Dorling stated the applicant has
gone back and addressed both of those items by adding the language on the plat that is
before the Commission as well as changing one of the two caz gazages and reduced it to a
one car garage and taking the corresponding dimension and spread it out over the units.
He stated this gives the applicant the appropriate dimensions for the garages and they
have done some floor plan changes to address the concerns relating to the master
bedroom units. Staff recommends approval of the plat.
Michael Weiner. Attorney with Weiner & Aronson P A 10 S E ls~
Avenue. Delray Beach, representing the Applicant (Midtown Delray Development). He
stated they are here this evening for the preliminary plat and certification of the final plat.
The matter has been before the Planning and Zoning Boazd (P&Z), the Site Pian Review
and Appearance Boazd (SPRAB), and the City Commission with respect to the S.A.D.
zoning and has been approved with certain conditions. Mr. Weiner stated the reason for
the numerous meetings and approvals is that this particular area is zoned S.A.D. (Special
Activities District) and pursuant to the LDRs that a detailed Master Plan was approved by
the City Commission. The matters related to the Master Plan, its zoning and the site plan
are not the matters before the Commission this evening. The matters the City
Commission is considering this evening aze the plat and as mentioned by staff the plat
was continued from December 2007 in order to address two conditions. He stated they
have gained the additional space resulting in a two-car garage width of 19 feet 2 inches
and they have gained spaced for the single car garages so that they are at least 12 foot in
width. Mr. Weiner stated there aze new layouts of the master bedrooms that almost make
them square in dimension, second floor layouts were improved, kitchen sizes increased
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and the hallways were eliminated with a new entryway design. He stated the appropriate
language has been placed on the plat. Mr. Weiner stated all items required under Section
2.4.3. of the LDRs controlling plats have been met. Mr. Weiner stated plats aze
ministerial in nature and based upon uniform standards and it is out of the ordinary for
plats to be subject to this scrutiny and on most occasions plats are approved on the
Consent Agenda. However, Mr. Weiner stated they meet all requirements even under
this stricter scrutiny. Mr. Weiner stated amble and substantial competent evidence to
support the findings aze in the record as a result of the staff report to the Planning and
Zoning Board, staff report to the Site Plan Review and Appearance Board (SPRAB), and
the five previous Board Orders that were.made with respect to this particular project. Mr.
Weiner stated they meet each and every provision of the Board Order and urged the
Commission to make an affirmative vote.
Vice-Mayor Montague stated if anyone from the public would like to
speak in favor or in opposition of Ordinance No. 22-08, to please come forward at this
time.
Dr. Joseph Provenzano, 1921 S.W. 36`" Avenue, Delrav Beach,
inquired about the depth of the garages and stated he recalls it was supposed to be 20 x
20. He stated the dimensions of the master bedroom initially was 9.6 x 15. Dr.
Provenzano asked if there has been consideration now that we have lost 16 two-caz
garages and lost 16 parking spaces. He stated driving here this evening he looked at the
library and the condos across the street with commercial down below and the setback
from the driven road is more than 15 feet and in his opinion you feel like you aze in a
canyon. Dr. Provenzano stated this project is in a residential azea and we are going to be
at 15 feet setback from the driven road and feels this is sad.
Dodee Firestone. 16209 Bridlewood Circle, Delrav Beach, stated the
last time she saw the plat idea the medical center was going to be facing Linton
Boulevard and asked if this entire dimension has been altered. She asked if on the left
side of the plat are now apartments and part of the apartment complex, what happened to
the green azea that was located to the left of the medical complex.
Pauline Moodv, 609 S.W. 8`" Avenue, Delrav Beach, expressed concern
over what this building exactly is. She stated she does not see a reason for town homes in
this area and would like some clarification as to why this project is needed.
There being no one else from the public would like to address the
Commission regazding Ordinance No. 22-08, the public hearing was closed.
There was no cross-examination.
The following individual gave a brief rebuttal:
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Mr. Dorling stated the configuration in relationship of the medical office
and the town houses remains the same and the overall footprint of each of the residential
buildings remains the same. He stated the lot lines within that original footprint have
changed between what was seen previously and now.
Mr. Weiner stated the garages aze 28 feet 9 inches deep and noted this far
exceeds the length of a standazd caz which is 16 feet or less. He stated master bedrooms
are 11 feet 6 inches x 13 feet 8 inches in the 22 foot unit and 12 feet x 13 feet 4 inches in
the 17 foot unit. Mr. Weiner stated the azchitectural elevations have not changed and the
green azea is still the same. He stated there is no reconfiguration and is the same thing
that was approved at the Site Plan Review and Appeazance Board (SPRAB) which went
back on Apri18, 2008 for a modification all of the things one does not see when you see a
plat and SPRAB has approved each one of these. Mr. Weiner stated with respect to why
this project is needed, there have been 12 hearings and 5 board orders and noted that
workforce housing has been a driving consideration behind this. He stated they have met
the burden on that with respect to this on many different occasions.
Vice-Mayor Montague inquired about the gazage depth and the loss of the
parking spaces. Mr. Dorling stated they do make the parking requirement by the LDRs
and they provided a significant amount of on-site guest spaces spread out throughout the
community. He stated the parking requirements is based upon the number of bedroom
counts so aone-garage unit may in fact require less depending on the number of
bedrooms. Vice-Mayor Montague stated there was a question about which way the
medical facility is facing. Mr. Dorling stated none of the original building footprints
have changed with this modification or their relationship to each other.
Mr. Eliopoulos stated there was never a question with a depth to the
garages but it was the width. He stated the Commission request the gazages to be 18 feet
minimum and they are at 19 feet plus. Mr. Eliopoulos stated the master bedrooms were
actually smaller than the other rooms and now they are the lazgest rooms. Therefore, he
stated the applicant has con•ected these situations. Mr. Eliopoulos stated the plat has not
changed but the actual configuration of the medical building did not seem appropriate to
be facing the residents and the applicant has now flipped that building so it is facing
Linton Boulevard.
Mr. Eliopoulos stated for the benefit of the public that wanted the
Commission to respond to the emails, the emails aze really not the Commission's issue
but it is Code Enforcement. For the benefit of the public, Mr. Eliopoulos stated the plat
has nothing to do with Code Enforcement and for the public that wanted the Commission
to respond to that and hold this up, the plat has nothing to do with Code Enforcement that
is a separate division and they are handling that.
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).
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Mr. Fetzer moved to adopt the Boazd Order, seconded by Mr. Eliopoulos.
Upon roll call the Commission voted as follows: Vice-Mayor Montague -Yes; Mr.
Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to
0 vote.
At this point, the time being 7:15 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
Commissioner Eliopoulos declared a conflict of interest for Item 10.A. and
stepped down from the dais.
10. PUBLIC HEARINGS:
10_A. ORDINANCE NO. 22-08: Consideration of a privately sponsored
rezoning from GC (General Commercial) to AC (Automotive Commercial) fora 6.28
acre parcel located on the east side of Federal Highway (a.k.a. The Ralph Buick
Dealership). (Quasi-Judicial Hearin
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 AUTOMOTfVE 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 DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, "APRIL 2007" PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 22-08 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.
Lanelda Gaskins, Acting Deputy City Clerk, swore in those individuals
who wished to give testimony on this item.
12
04/15/08
Vice-Mayor Montague asked the Commission to disclose their ex parte
communications. Mr. McDuffie stated he had no ex parte communications to disclose.
Vice-Mayor Montague stated she spoke with Mr. Weiner concenung the status of the
pazcel as well as Mr. Mitch Kirschner. Mr. Fetzer stated he received ten emails; eight in
favor of the rezoning and two opposed. Mr. Fetzer stated he also met with the Boazd of
Directors of the Tropic Isle Association and met with the President and their Boards. Mr.
Fetzer stated he fumed his emails over to the City Clerk.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2007-OS into the record.
Mr. Dorling stated this is a privately sponsored rezoning from GC
(General Commercial) to AC (Automotive Commercial) fora 6.28 acre pazcel. This is
the former location of the Ralph Buick auto dealership that operated on the site from
1972 to 2005. In 2005, the Commission entertained a rezoning from AC to GC submitted
by New Century Development Group for approval established with amixed-use
development consisting of 13,781 square feet of retail floor area, 13,900 square feet of
office floor area, 16 condominium dwelling units, and 59 townhouse dwelling units. The
associated conditional use was approved in Apni12006. In November, 2006 the Planning
and Zoning Board recommended approval of the rezoning request. Mr. Dorling stated it
came to the Commission on December 5, 2006, and it was approved on first reading and
then it was deferred. Mr. Dorling stated now the applicant would like to resurrect that
rezoning request and because of the length of time it did go back for another first reading
at the April 1, 2008 City Commission Meeting and it was forwarded to this for a second
reading. Based upon the findings in the staff report, staff recommends approval of the
request.
Michael Weiner. Attorney with Weiner and Aronson P A 10 S E 13~
Avenue. Delray Beach, stated they aze here this evening to discuss the rezoning from
GC (General Commercial) to AC (Automotive Commercial) with respect to the property
referred to as Ralph Buick. He stated there has been substantial realignment of the real
estate mazket since the rezoning of this property to GC. The dealership is located on the
east side of Federal Highway south of Linton Boulevard that is approximately 6.82 acres
and all of the properties surrounding it aze developed. Mr. Weiner stated those properties
along Federal Highway aze commercial in nature with the significant number of
properties in the azea being devoted to automotive use. The original staff report for the
first reading which was held April 1, 2008 confirmed that rezoning to AC met the
required findings under LDR Sections 3.1.1, 3.2.2., and 2.4.5(D)(5). He stated there is
also an additional staff report this evening and the Planning and Zoning Board had a
recommendation unanimously for approval. The proposed AC zoning will be
complimentary with the current uses to the north, south, and west of the property those
are all commercial in nature and most of them are AC zoning in and of themselves. He
stated even though the properties to the east aze residentially zoned and contain several
residential uses they are buffered by a landscape strip, a masonry wall, and Florida
Boulevard which helps to mitigate any possible impact of AC. The distance from the
closest residential building to the dealership is approximately 163 feet. The dealership
13
04/15/08
was in operation as a car dealership since 1972 and during that period of time the values
in that residential area have increased by as much as 1,500 percent which is higher than
the State average which is 330 percent. Mr. Weiner stated the existence of this use has
never been a negative impact on those residential areas. He stated given the long
utilization of the property for automotive use it is appropriate to allow the AC zoning
designation to be re-established. He stated when directly comparing the automotive use
to other uses allowed under GC those allowed under AC zoning actually result in a net
reduction of intensity. Mr. Weiner made reference to a traffic generation report compiled
by the ITE Trip Generation Manual and noted that new car sales generate much lower
traffic than banks or drug stores which demonstrates his point on intensity of use. As it
relates to traffic, automotive uses would be less intensive than commercial. He stated
Section 3.2.2 which aze the standards for rezoning are met because the rezoning shall
result in allowing land uses which are compatible with adjacent and nearby land uses. He
stated given the technological tum in the automotive industry, the technology associated
with personal transportation will become more and more environmentally friendly and
will be similar to any other consumer product in its sale and presentation. He stated an
additional requirement is contained in Section 2.4.5(D)(5) of the LDRs and the City
Commission must make a finding that the rezoning fulfills one of the reasons for which a
rezoning change is being sought and noted they meet all of the reasons. Mr. Weiner
made reference to recent newspaper articles demonstrating the turn in the residential
market place and because of the change in the residential market throughout South
Florida and in the City of Delray Beach the current zoning for residential units is no
longer appropriate. Policy A.2.4 of the Future Land Use Element of the Comprehensive
Plan indicates that automobile uses are a significant land use within the city and
Objective A-1 of the Future Land Use Element of the Comprehensive Plan states that the
property shall be redeveloped in a manner so that its use and intensity is appropriate and
complimentary to those adjacent land uses. Mr. Weiner distributed articles and a
memorandum from the City of San Jose, California and from Palo Alto, California and
noted they discuss the contribution that automobile dealerships make to the community
both as a generator of tax revenue and an employment center. He stated a forecast of the
revenues and the sales tax changes that would be against those revenues would result in
approximately $150,000.00 per yeaz added to the City's budget and in addition to
whatever real estate taxes the City generates. He stated this is because sales revenues at
automobile dealerships are so high that the actual percentage of the sales tax that the City
is able to keep becomes significant. Mr. Weiner stated AC zoning designation is
complimentary to the other surrounding automobile dealerships. The impact on any
residential neighborhood has been mitigated and the proof is that there was co-existence
of this use with a residential neighborhood over a 30 year period with an unprecedented
increase in value five times higher that what the State average was and did not have a
negative impact during its existence. Mr. Weiner stated traffic intensities are actually
decreased; changes in circumstances exist so the requirements of the local ordinances are
met, and the change is that there is a substantial change in the residential real estate
mazket. The present Comprehensive Plan policies are met, the Future Land Use Map
designation is consistent. The use will supply a significant source of revenue beyond its
real estate tax contribution. Therefore, Mr. Weiner, for all of these reasons, urged the
Commission to approve a change of zoning from GC to AC and stated all requirements
14
04/15/08
for a zoning change are met.
Vice-Mayor Montague stated if anyone from the public would like to
speak in favor or in opposition of the request, to please come forward at this time.
There was no cross-examination or rebuttal.
Mr. McDuffie stated he was on the Planning and Zoning Board when
these changes were made the first time and noted that he recalls the process quite well.
He stated it is compatible utilization with what is on Federal Highway and supports the
rezoning.
Mr. Fetzer stated he had a lot of discussion with some of the local
residents in that area and for the most part they did not have a problem with changes
coming back to the automotive use for some of the reasons mentioned before. He stated
the residents to the east of there are concerned that we do keep a wall and that we do not
have driving of vehicles in the residential neighborhood. Mr. Fetzer stated Mr. Weiner
outlined things (Tab #2) that addressed many of these things and asked if this is part of
the City's zoning ordinance as it now exists for AC (Automotive Commercial). Mr.
Dorling stated yes it is. Mr. Fetzer stated if a new dealership comes in if this is approved
then how this is all enforced. Mr. Dorling stated they would have to re-establish the use
by going through the site plan process and any site plan that came in would be reviewed
for consistency with these criteria. Mr. Fetzer stated if these uses and protection for
residential areas are adhered to he would support the rezoning.
Mr. McDuffie moved to adopt Ordinance No. 22-08 on Second and
FINAL Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as
follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Vice-Mayor Montague -Yes. Said
motion passed with a 3 to 0 vote.
At this point, Commissioner Eliopoulos returned to the dais.
10_B. ORDINANCE NO. 20-08 (SECOND READING/SECOND PUBLIC
HEARING): City initiated amendment to the Land Development Regulations (LDR)
pertaining to Assisted Living Facilities, Continuing Care Facilities and Nursing Homes.
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 4.3.3(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,
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04/15/08
REST HOMES", IN ORDER TO PROVIDE FOR
UPDATED REGULATIONS REGARDING SAME;
AMENDING SECTIONS 4.4.6, "MEDNM DENSTTY
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, "MIXED 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
CONDITIONAL USES IN THIS ZONING DISTRICT;
AMENDING SECTION 4.4.24, "OLD SCHOOL
SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", TO
REMOVE ASSISTED CONGREGATE LNING AND
CONTINUING CARE FACILITIES FROM THE LIST OF
CONDITIONAL USES IN THIS ZONING DISTRICT;
AMENDING APPENDD{ "A" TO REPEAL THE
DEFINITIONS OF "ADULT CONGREGATE LNING
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 EFFECTNE 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 these changes aze to
achieve compliance with the Federal Fair Housing Law and adds Assisted Living
Facilities and Continuing Care Facilities as permitted uses in zoning districts that
currently allow medium density residential as permitted uses. They aze also added as
conditional uses in zoning districts that allow medium density residential as a conditional
use.
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04/15/08
At its meeting of March 17, 2008, the Planning and Zoning Board
considered the text amendment and no one spoke on the issue. The Boazd unanimously
recommended approval on a 5 to 0 vote.
Vice-Mayor Montague declazed 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 adopt Ordinance No. 20-08 on Second and
FINAL Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as
follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Vice-Mayor Montague -Yes; Mr.
Eliopoulos -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 City Manager and the Public.
11_A. City Maua¢er's response to nrior aublic comments and inquiries
The City Manager had no response to prior public comments and
inquiries.
11.B. From the Public.
None.
At this point, the Commission moved to Item 9.B. of the Regular
Agenda.
9_B. CONDITIONAL USE EXTENSION REQUEST/PARC PLACE
NORTH AT DELRAY BEACH: Consider a conditional use extension request for Parc
Place North at Delray Beach, a proposed multiple family and mixed-use
development within the GC (General Commercial) Zoning District, located on the
east side of North Federal Highway approximately 860 feet south of Gulf Stream
Boulevard. (Quasi-Judicial Hearin
Lanelda Gaskins, Acting Deputy City Clerk, swore in those individuals
who wished to give testimony on this item.
Vice-Mayor Montague asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2005-384 into the record.
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04/15/08
Mr. Dorling stated this is an extension request of the conditional use
request that was approved for the North Federal Highway site north of the old drive-in
site on the east side of Federal Highway. The portion that the Commission is seeing this
evening is limited to the residential piece of this mixed-use development. Mr. Dorling
stated this is a 3.85 acre site and includes 6,435 square feet of retail floor azea 35,647
squaze feet of office floor area, and 30 condominium residential units and the multiple
family portion of the development consists of 15 townhouse dwelling units that aze
located along the east side of the development.
At its meeting of April 4, 2006, the City Commission approved the
conditional use associated with the proposed development to allow a multiple family
residential development in the GC zoning district. At its meeting of June 28, 2006, the
Site Plan Review and Appearance Boazd approved the Class V site plan application for
the project. Because of mazket conditions, they aze requesting an 18 month extension at
this time. Mr. Dorling stated they have proceeded with certain things on the site such as
demolition of the existing structures approximately one yeaz ago. Therefore, Mr. Dorling
stated this is under the category of "Construction Has Commenced". The required
findings in the LDRs do not require any additional findings to be made at this time and
would allow an extension request. The extension request would extend it to October 4,
2009. Staff has requested that there be a condition attached to this similaz to what has
been done in other sites that maybe laying fallow while the mazket is adjusting. Staff has
asked that the site be seeded, that the grass be watered in at this time and that the
construction fence that is azound the site be removed until construction is eminent. Staff
recommends approval.
Dale Meaux, Architect with API Groua, rearesentina Parc Place
North, stated they obtained approval for a conditional use previously as well as obtained
site plan approval. Since that time, they have working to resolve issues to get their site
plan certified and submitted construction documents to the City for building permits and
they have received comments back from the City. Mr. Moe stated they are in the process
of responding to the comments. In addition, he stated there is also replatting involved
and that is in progress as well with the comments being responded to on the submission.
He stated the mazket has changed and they aze now re-evaluating the development plan
and they aze going to phase it and hold off on the residential units until the market
improves. Mr. Moe stated they are continuously working on the project and expect it to
come to fruition and urged the Commission to approve.
Vice-Mayor Montague stated if anyone from the public would like to
speak in favor or in opposition of the conditional use extension request, to please come
forward at this time.
There was no cross-examination or rebuttal.
Mr. McDuffie asked if this extends to the time construction commences.
In response, Mr. Dorling stated the Code has three categories (1) "No Construction
Occurred", (2) "Construction Has Occurred" and (3) "Construction Has Commenced"
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04/15/08
which means that if more than 25% of the project is complete by the time the expiration
date runs out then it is considered vested and no further extension is required.
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. McDuffie moved to approve the Boazd Order as presented (approving
the conditional use extension request until October 4, 2009 subject to the condition that
the site is seeded and watered until the grass is established and the perimeter construction
fence removed until construction is imminent), seconded by Mr. Fetzer. Upon roll call
the Commission voted as follows: Mr. McDuffie -Yes; Vice-Mayor Montague -Yes;
Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote.
9_C. WAIVER REOUESTS/HISTORIC DEPOT SQUARE: Consider two
waiver requests to Land Development Regulations (LDR) Section 4.6.9(D)(3)(c)(1),
"Stacking Distance", to allow a reduction in the stacking distance from the required 50
feet for a parking azea that has 51 or more parking spaces; and to Section 6.1.3(B),
"Sidewalk Design Requirements", which requires a 5-foot sidewalk along both sides of
Depot Road and N.W. 2"d Street for the Historic Depot Square. (Quasi-Judicial Hearing)
Lanelda Gaskins, Acting Deputy City Clerk, swore in those individuals
who wished to give testimony on this item.
Vice-Mayor Montague 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 #2007-315 into the record.
Mr. Dorling stated this is a request for the City Commission to consider
two waivers from the LDRs associated with the Class V site plan for the Historic Depot
Square project: (1) LDR Section 4.6.9(D)(3)(c)(1), which requires a minimum stacking
distance of 50 Feet for a pazking azea that has 51 or more parking spaces and (2) LDR
Section 6.1.3(B), which requires a 5-foot sidewalk along both sides of Depot Road and
N.W. 2"d Street.
At its meeting of Mazch 26, 2008, the Site Plan Review and Appearance
approved the Class V site plan for the Historic Depot Square project.
Bob Currie. Architect with Currie Sowards A uila Architects gave a
brief overview of the site plan.
19
04/15/08
Vice-Mayor Montague stated if anyone from the public would like to
speak in favor or in opposition of the waiver requests, to please come forwazd at this
time. There being no one from the public who wished to address the Commission
regazding the waiver requests, the public hearing was closed.
There was no cross-examination or rebuttal.
Mr. McDuffie stated when he drove this many months ago it seems to him
that in this commercial business off of 2"d that there was semi with a 40 foot trailer in
there. He asked if the entrance circle is going to be able to handle that turning radius to
get a semi in there. In response, Mr. Currie stated this is large enough for a fire truck to
go azound it (90 feet).
Vice-Mayor Montague inquired about the buffering along the railroad
tracks and asked if there is something in the ordinances that require additional buffering.
Mr. Dorling stated the City has a minimum requirement between vehiculaz travel lanes
and property lines which in this case is five feet.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Eliopoulos moved to approve the Board Order as presented, seconded
by Mr. McDuffie. Upon roll call the Commission voted as follows: Vice-Mayor
Montague -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said
motion passed with a 4 to 0 vote.
9.D. SPECIAL EVENT REOUEST/HAITIAN FLAG DAY EVENT:
Consider a special event request for the Haitian Flag Day Celebration sponsored by
Toussaint L'Ouverture High School on May 18, 2008 at Old School Square from noon
until 10:00 p.m., to grant a temporary use permit per LDR's Section 2.4.6.(F) for use of a
part of the Old School Squaze surface lot, a portion of NE Is` Avenue, and the east side of
the gravel lot on NE 1st Avenue for vendor pazking; to authorize staff support For
security and traffic control, EMS assistance, trash removal and clean up, barricading,
generator use, and event signage; contingent upon receipt of a certificate of liability
insurance. The event sponsor has requested financial assistance.
Robert A. Bazcinski, Assistant City Manager, stated this is a request for
the Commission to endorse the Haitian Flag Day Celebration sponsored by Toussaint
L'Overture High School on May 18, 2008 from noon until 10:00 p.m. at Old School
Square to grant a temporary use permit for use of a part of the Old School Square surface
lot portion of N.E. ls` Avenue and use of the east side of the gravel lot on N.E. 15`
Avenue/ls` Street for vendor parking. Commission is also requested to authorize staff
support for security and traffic control, EMS assistance, trash removal and clean up,
bamcading, generator use, and event signage. The applicant is also requesting financial
assistance.
20
04/15/08
The estimated overtime for this event is $5,575.00 and trash boxes at
$350.00 for a total of $5,925.00. Per event policies and procedures the chazge to the
event sponsor would be approximately $3,325.00. Staff recommends approval without
the fmancial assistance contingent on the receipt of the required insurance certificates.
Mr. McDuffie moved to approve the Special Event Request for the Haitian
Flag Day Celebration with staff recommendation that the City comply with the existing
event policies and procedures, seconded by Mr. Eliopoulos. Upon roll call the
Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -
Yes; Vice-Mayor Montague -Yes. Said motion passed with a 4 to 0 vote.
9_E. APPOINTMENT OF OUTSIDE COUNSEL/REVIEW ORDINANCE
REGARDING TRANSIENT RENTALS: Consider approval of outside counsel Weiss,
Serota, Helfman, Pastoriza, Cole and Boniske, P.L. to assist in the review of an ordinance
regazding transient rentals.
The City Attorney stated staff is requesting appointment of outside
counsel to review ordinances regarding transient rentals.
Mr. Fetzer moved to appoint outside counsel Weiss', Serota, Helfman,
Pastoriza, Cole and Boniske, P.L. to assist in the review of an ordinance regarding
transient rentals, seconded by Mr. McDuffie. Upon roll call the Commission voted as
follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Vice-Mayor Montague -Yes; Mr.
Eliopoulos -Yes. Said motion passed with a 4 to 0 vote.
12. FIRST READINGS:
12_A. NONE.
At this point, the Commission moved to Item 13, Comments and
Inquiries on Non-Agenda Items.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS
13_A. City Manaser
The City Manager stated with regard to the auto dealership and why he
presented articles from California, they distribute sales tax to cities based on it being
collected there and that is not the case in Florida. He stated in Florida, it is distributed to
the County based on the point of collection and within the County it is distributed
basically on population.
13_B. City Attornev
The City Attorney had no comments and inquiries on non-agenda items.
21
04/15/08
13.C. City Commission
13.C.1. Mr. Fetzer
Mr. Fetzer commented about the deadlines for the Wi-Fi Agreement. The
City Attorney stated she believes the deadline is April 19°i and anticipates that the
Commission will be discussing the status of the Wi-Fi Agreement at the very next
meeting after April 19`" if they have not performed.
Secondly, he stated the Commission did have several public meetings
regarding narrowing the pairs for Federal Highway and a lot of the reasons were
discussed very thoroughly as far as why the Commission felt from a safety standpoint this
area should occur. Mr. Fetzer stated now there is a temporary set-up that is a trial and he
feels this is what has caught a lot of people by surprise. Mr. Fetzer stated some people
were not awaze of the trial or the appeazance of the temporary set-up and he feels this is
what has caught a lot of people off guard and why the Commission is receiving a lot of
complaints about it.
Mr. Eliopoulos stated even if the Commission communicated the best way
they thought they could have, in his opinion, there would still be people who do not read
or see the City's website and would still be calling inquiring about what is going on.
The City Manager stated there will be signage installed.
13.C.2. Mr. Eliopoulos
Mr. Eliopoulos stated he has received emails and telephone calls from
residents regazding what is going on with Federal Highway. He feels that the City needs
to get a little more information out to the general public. For the most part, Mr.
Eliopoulos stated he is still on boazd with this and believes this is the future for Delray
Beach. He stated maybe it is not going to be the most appealing thing until money comes
through but he still believes in this wholeheartedly.
The City Manager stated staff got the extra information up on the City's
website this afternoon.
13.C.3. Mr. McDuffie
With regard to Federal Highway, Mr. McDuffie stated there have been
many discussions and meetings with regazd to narrowing the pairs for quite some time.
Secondly, he stated Circle on the Square was a fabulous event and he
commended Joe Gillie and others who helped organize the event. Mr. McDuffie stated
the event was well attended and was a very successful event.
22
04/15/08
Mr. McDuffie stated about twelve new bills regarding Ad Valorem
taxation hit the House floor that he is looking at but he has not had a chance to review
them. He stated the Florida League of Cities has been sending out information on some
of them. He stated they continue to want these things up on the preliminary tax roll
which is July 1, 2008 and if there is any impact to the City he will pass this on.
Lastly, Mr. McDuffie stated there are now designated funds for funding
tri-rail.
13.C.4. Vice Mavor Montague
Vice Mayor Montague commented about the photographs taken by the
Delray Camera Club of sites throughout our community.
Secondly, she and Commissioner McDuffie gave out the trophy and spoke
on International television USTA (United States Tennis Association) for Youth Tennis
this weekend.
Vice Mayor Montague concurred with comments expressed by Mr.
Eliopoulos and stated the Commission has been talking about this a long time. She stated
the Community Redevelopment Agency (CRA) paid for studies that were done and it has
been studied extensively. Vice Mayor Montague stated although there is some negative
feedback but it has been proven that this is going to be the best thing for our city. She
stated it is about future growth and the whole concept that has been talked about for years
about making this a pedestrian friendly downtown. In addition, she stated it connects
Atlantic Avenue east of Federal Highway and west of Federal Highway. Vice Mayor
Montague stated it does all of these things that the City has worked on for so long and so
hard on she will be behind the effort of moving this forward.
Vice Mayor Montague stated the Run for Pun on Saturday was wonderful.
She stated a number of cities were represented besides Delray Beach and noted that Palm
Beach County Sheriff's Office, City of Boynton Beach, City of Davie, City of West Palm
Beach, and the City of Plantation were also present.
She stated Circle on the Square at Old School Squaze was great.
Vice Mayor Montague stated the Art League Showcase of Young Artists
was last night and commented that they do an incredible job.
Lastly, Vice Mayor Montague stated everyone misses Mayor Ellis very
much and feels she does a wonderful job.
There being no further business, Vice-Mayor Montague declared the
meeting adjourned at 8:08 p.m.
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04/15/08
~.~
~q ~e,~ City
ATTEST:
~~~.~~ ~~
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on April 15, 2008, which Minutes were formally approved and adopted by the City
Commission on Mav 6, 2008.
~ ~ . ~
~ City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
aze 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.
24
04/15/08
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
PRELIMINARY AND FINAL PLAT APPROVAL MIDTOWN DELRAY
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This preliminary and final plat approval request has come before the City
Commission on April 15, 2008.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining fo the preliminary and final plat approval
requests for the Midtown Delray Development. All of the evidence is a part of the
record in this case. Required findings are made in accordance with Subsection I.
I. LDR REQUIREMENTS:
LDR Section 3.1.1 Required Findings: Pursuant to Section 3.1.1 the following
provisions must be met for land development applications:
(A) Future Land Use Maa: The resulting use of land or structures must be
allowed in the zoning district within which the land is situated and said zoning must be
consistent with the applicable land use designation as shown on the Future Land Use
Map.
(B) Concurrence: Concurrency as defined pursuant to Objective B-2 of the
Future Land Use Element of the Comprehensive Plan must be met and a determination
made that the public facility needs, including public schools, of the requested land use
and/or development application will not exceed the ability of the City and The School
District of Palm Beach County to fund and provide, or to require the provision of,
needed capital improvements in order to maintain the Levels of Service Standards
established in Table Cl-GOP-1 of the adopted Comprehensive Plan of the City of Delray
Beach.
(C) Consistence: A finding of overall consistency may be made even though
the action will be in conflict with some individual performance standards contained
within Article 3.2, provided that the approving body specifically finds that the beneficial
aspects of the proposed project (hence compliance with some standards) outweighs the
negative impacts of identified points of conflict.
(D) Compliance with LDRs: Whenever an item is identified elsewhere in
these Land Development Regulations (LDRs), it shall specifically be addressed by the
body taking final action on a land development application/request. Such items are
found in Section 2.4.5(J) and in special regulation portions of individual zoning district
regulations.
1
6~-~~ ~ A 4/Slay
Does the preliminary and final plat meet the requirements of Section 3.1.1?
Yes 4 No 0
LDR Section 3.2.3 Standards for Plat Actions: Pursuant to Section 3.2.3 the
following provisions must be met for plat actions:
(A) Building design, landscaping, and lighting (glare) shall be such that they
do not create unwarranted distractions or blockage of visibility as it pertains to traffic
circulation.
(B) Separation of different forms of transportation shall be encouraged. This
includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found
under Objectives D-1 and D-2 of the Transportation Element.
(C) Open space enhancements as described in policies found under Objective
B-1, of the Open Space and Recreation Element are appropriately addressed.
(D) The City shall evaluate the effect that any street widening or traffic
circulation modification may have upon an existing neighborhood. If it is determined
that the widening or modification will be detrimental and result in a degradation of the
neighborhood, the project shall not be permitted.
(E) Development of vacant land which is zoned for residential purposes shall
be planned in a manner which is consistent with adjacent development regardless of
zoning designations.
(F) Vacant property shall be developed in a manner so that the future use and
intensity are appropriate in terms of soil, topographic, and other applicable physical
considerations; complementary to adjacent land uses; and fulfills remaining land use
needs.
(G) Redevelopment and the development of new land shall result in the
provision of a variety of housing types which shall continue to accommodate the diverse
makeup of the City's demographic profile, and meet the housing needs identified in the
Housing Element. This shall be accomplished through the implementation of policies
under Objective B-2 of the Housing Element.
(H) 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.
(I) Development shall not be approved if traffic associated with such
development would create a new high accident location, or exacerbate an existing
situation causing it to become a high accident location, without such development taking
actions to remedy the accident situation.
(J) Tot lots and recreational areas, serving children from toddler to teens,
shall be a feature of all new housing developments as part of the design to
accommodate households having a range of ages. This requirement may be waived or
modified for residential developments located in the downtown area, and for infill
projects having fewer than 25 units.
2
Does the preliminary and final plat meet the requirements of Section 3.2.3?
Yes 4 No 0
3. The City Commission has applied the Comprehensive Plan and LDR
requirements including, but not limited to, Section 2.4.5(J) .pertaining to major
subdivisions in existence at the time the preliminary and final plat applications were
submitted and finds that the LDRs are met and that the determinations set forth in this
Order are consistent with the Comprehensive Plan.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves X
denies _ the preliminary and final plat for Midtown. The City Commission hereby
adopts this Order this 15~' day of April, 2008, by a vote of 4 in favor and 0
opposed.
A ST: ren a Montague, -Mayor
~. - ' ~
evelle Nubin, City Clerk
3
IN .THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
EIGHTEEN MONTH EXTENSION REQUEST FOR CONDITIONAL USE APPROVAL
GRANTED TO PARC PLACE NORTH AT DELRAY BEACH FOR STAND ALONE
MULTIPLE FAMILY DEVELOPMENTS IN THE GC (GENERAL COMMERCIAL)
ZONING DISTRICT (THE EXTENSION REQUEST)
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. The above named eighteen month conditional use extension request has
come before the City Commission on April 15, 2008.
2. This conditional use extension request comports with the future land use
element, is concurrent with the Comprehensive Plan and is consistent with the goals,
policies and objectives of the City's Comprehensive Plan.
3. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use extension request for
the Parc Place North at Delray Beach development. All of the evidence is a part of the
record in this case. Required findings are made in accordance with LDR Section
2.4.4(F)(1) and (F)(2).
4. Section 2.4.4(F)(1) requires certain preliminary requirements to be met,
such as:
A written request submitted at least 45 days prior to the expiration date;
The request must set forth the basis and reason for the extension;
The request must be considered by the same body that granted the approval;
The extension, if granted, shall be for a term of 18 months unless otherwise
stated.
Have the preliminary requirements of Section 2.4.4(F)(1) been met?
Yes 4 No 0
5. In making a determination under LDR Section 2.4.4(F)(2) the Commission
shall consider the following regarding the diligence and good faith of the Developer:
When the construction commenced;
~~pm ~.~ ~~S/vk
The extent to which construction has proceeded;
The extent to which there has been a bonafide continuous effort to develop but
because of circumstances beyond the control of the developer, it was not
possible to meet the 25% standard.
Has the Developer shown diligence and good faith to commence and
complete construction of the Parc Place North Development Project?
Yes 4 No 0
6. The comments and notes set forth in the staff report are hereby
incorporated herein.
7. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original site plan was submitted and finds that
its determinations set forth in this Order are consistent with the Comprehensive Plan.
8. 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.
10. Based on the entire record before it, the City Commission approves X
denies the conditional use extension request to allow the previous conditional use
approval to be valid until October 4, 2009 subject to the condition that states:
That the site is seeded and watered until the grass is established and the
perimeter construction fence removed until construction is imminent.
The City Commission hereby adopts this Order this 15`h day of April, 2008, by a
vote of 4 in favor and 0 opposed.
1 Brenda Montague, ice-Mayor
ATT T:
~ 'o y; ~ ~ ~y~ ,
Che elle Nubin l:L4i ,(/yfC/C,
City Clerk
2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUESTS FOR HISTORIC DEPOT SQUARE
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. The waiver requests to reduce the minimum required stacking distance for
parking areas that have more than 51 spaces and to waive the requirement for the
installation of a sidewalk along the west side of Depot Road and on both sides of NW
2"d Street have come before the City Commission on April 15, 2008.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver requests for the Historic
Depot Square Project. 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 Section 4.6.9(D)(3)(c)(1), the minimum stacking distance for a parking
area that has 51 or more parking spaces is 50'. All of the proposed driveways along
NW 2nd Street and Depot Road do not provide the minimum required stacking distance.
The following table identifies the Applicant's waiver request:
Road Proposed Required Requested Stacking
Stackin De th Stackin De th Reduction
East driveway south side of 17 feet 50 feet 33 feet
NW 2nd Street
West driveway south side of 20 feet 50 feet 30 feet
NW 2"d Street
West driveway north side of 31 feet 50 feet 19 feet
NW 2"d Street
South driveway along Depot 11 feet 50 feet 39 feet
Road
Middle driveway along Depot 36 feet 50 feet 14 feet
Road
North driveway along Depot 15 feet 50 feet 35 feet
Road
North driveway at 17 feet 50 feet 33 feet
roundabout
Pursuant to LDR Section 6.1.3(6), a 5-foot sidewalk is required along both sides of
Depot Road and NW 2nd Street. The applicant has requested a waiver from installing a
sidewalk along the west side of Depot Road and both sides of NW 2"d Street.
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:
1
Hem q C. `~~~~
(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, as to all of the streets listed above, of Section 4.6.9(D)(3)(c)(1),
regarding the reduction of stacking distances comply with the requirements of
2.4.7(6)(5)?
Yes 4 No 0
Would the waiver of Section 6.1.3(6), pertaining to sidewalks, as to the west side of
Depot Road and both sides of NW 2nd Street comply with the requirements of
2.4.7(6)(5)?
Yes 4 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.
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 requests as follows:
LDR Section Approve Deny
4.6.9.(D)(3)(c)(1) (stacking distance reduction) X
6.1.3(6) (sidewalk requirement) X
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 15'h day of April, 2008, by a vote of 4 in favor and 0
opposed.
ATTEST: Brenda Montague, ice-Mayor
velle Nubin, Ci Clerk
2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME-a110DLE NAME
Rliopoulos, Gary P. NAME OF BOPRO. COUNCILCOMMISSION. N/THORfiY, Ori COI.tMr1TEE
Delray Beach City Commission
pJNG AODRFSS
OS George Bush Boulevard ~TIIE:BOARD-C01NJpL; COM6YSSION; AtnrtoatrvoRCaMMtrteE Ott
N9NCN 1sERVE IS AUNtr oF:
CTS' couNrv arY acaUNtt aoTttFRioca:acENCr
Delray Beach, Flprda_ 33444 Palm Beach. ~~+~ -
w oNwtacNYOTEOCCURREO _
- /~-aZo O ff MYPOS1rloNls:
S 17
ECi1wE
.
o APPOINfwE
WHO MUST FILE FORM SB
This foirnis for use by any person serving at the county, city, or other lopl level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members ofadvisory and. non-advisory bodies who are presented witha voting.
conflict of interest under Section 112.3143, Florida Statutes.
You responsibilities under the law when faced with voting on a measure in which youhave a cenflict of interest will vary-:greatly depending
on whether you hoM an elective or appointive position: For this reason, please pay dose attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, munidpat, or otherlocal public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss: Each elected orappointed, Beal officer also is prohibitedfromknowingly voting bn a-mea-
Ire which inures to the spedal gain or loss of a prindpal (other than a government agency) by whom he or she is retained (inducting the
rcent organization or subsidiary of a corporate princtpal by which he or she is retained); to the spedal private gain or loss of a relative; or
_.. 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 officers of independent spedal tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
rapadty.
For puryoses of this law, a `relative" indudes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
motheNMaw, sonln-law, and daughter-in-law. A "business associate' means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
'are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disdose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publidy staling to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the sfluatians described above, you otherwise may partidpate in these matters. However, you
must disdose the nature o(fhe conflict before making any attempt to influence 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 8E
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 sidel
CE FORM BB - EFF. 12000 PAGE 7
~"em lD. A.
APPOINTED :OF~IGERS. (cQntipued
• A dopy of the 'must be provided ~timedfately:to the otlter members of the agency:
• The form rntisC be read pubGdy at.tlte ngxt meetingafter the tone iS filed.
IF YOU MAKE NO~AT7EMPT FOINFLUENCE THEDECISION EXCEPT BY DISCUSSION AT THE MEETING:
,,
• Yai must disc)o;e arafiy tie nature of your ognflid in the meastr>r~ before participating: ,
.~
,. - - , , .
• You must complete the form and file it'witltin i3 days after tfie vote ocwrs with the"person resporisil>te for recoMirrg the"minutes oflhe`
meeting; who must incorporate-the form in ltre minutes: A copy of the form must be provided immediately to the other members of the
agency, and Mte form must be read. publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I Gary P. Eliopoulos ,herebydisdosethaton /~(t1i^~r' )5 ,20„Q~:
(a) A mea9Ure carne of wilF'come before my agency which (cheek one)
., ..
_ inured to my special private gain or bss;
~irlureGto't1Ye'spedatgain'Orlbss~'bfmybusinesSassoci8te Knpfi'S F.linp~iloa ~A"rchitects' P.A:'
__.
_ inured to tFle special gain or loss of my relative, - - ~ ~ - ~ `~ '
inured toffiespeciafgainor'lossof ~ -- - by
whom I am retained; or
inurad~t4.thespecaalgainwWsgof- -. .. .. ~..,. ~ •. ~- - ..,which
is the parent organizagon or subsidiary,of a principal which has retained me.
.., ... ..
(b)-The, measurebefore my-agency andUte nature of. my oontlicling interest in the: measure is as follows: ~ ' -; ~. ' - -~ '
~ r_ $ 200 g'
Date fled
Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 12000 PAGE 2