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05-20-2008 Minutes RegMAY 20, 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, May 20, 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 Susan A. Ruby, City Attorney Lanelda D. Gaskins, Acting Deputy City Clerk 2. The opening prayer was delivered by Commissioner McDuffie. 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.A., Request for Sidewalk DeferraV2001 South Ocean Boulevard be moved from the Conscnt Agenda to the Regular Agenda as Item 9.A.A., Item S.B., Request for Sidewalk Deferral/302 Palm Trail be moved from the Consent Agenda to the Regular Agenda as Item 9.A.A.A., and Item 8.C., Acceptance of Right-of-Way Dedication/302 Palm Trail be moved from the Consent Agenda to the Regular Agenda as Item 9.A.A.A.A. Mr. Eliopoulos moved to approve the Agenda as amended, seconded by Mr. Fetzer. 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. 5. APPROVAL OF MINUTES: Mr. McDuffie moved to approve the Minutes of the Regular Meeting of May 6, 2008, 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. 05/20/08 Mr. Eliopoulos moved to approve the Minutes of the Special/Workshop Meeting of May 13, 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. National Safe Boating Week - Mav 17-23, 2008 Mayor Ellis read and presented a proclamation hereby proclaiming May 17-23, 2008 as National Safe Boating Week in Delray Beach. Ron Barrett and Tom Thayer of the United States Coast Guard came forward to accept their proclamations and gave a few brief comments. 6.B. Recognizing Sister Marv Clare Fennell Mayor Ellis read and presented a proclamation hereby extending our appreciation to SISTER MARY CLARE FENNELL for her spiritual leadership at St. Vincent Ferrer Catholic School and wish her all the best in her retirement years and future endeavors. Sister Mary Clare Fennell came forward to accept the proclamation and gave a few brief comments. 7. PRESENTATIONS: 7.A. NONE 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.B. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. B.C. THIS ITEM HAS BEEN MOVED TO THE RF,GULAR AGENDA AS ITEM 9.A.A.A.A. 8.D. ACCEPTANCE OF RIGHT-OF-WAY DEDICATION/321 PINEAPPLE GROVE WAY: Approve and accept aright-of--way deed between the City and 321 N.E. 2° Avenue, LLC, for the property .located at 321 Pineapple Grove Way (St. Georges Suites). 8.E. ACCEPTANCE OF SEWER EASEMENT DF,EDS/ARNST OCEAN AUTOMOTIVE: Approve and accept two (2) easement deeds for 12-foot sewer easements at Ainst Ocean Automotive and extending south into the property adjacent to Arnst Ocean Automotive. -2- 05/20/08 8.F. CHANGE ORDER NO. 1/WEITZ COMPANY/SEACREST SOCCER COMPLEX PROJECT: Approve Change Order No. 1 to The Weitz Company for an 18 day extension of time to complete the Seacrest Soccer Complex Project. No additional funding is required. 8.G. ALTERNATIVE WATER SUPPLY GRANT APPLICATION/SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD): Approve and authorize the Mayor to execute an application for an Alternative Water Supply (AWS) grant for the 2008/2009 annual grant cycle with the South Florida Water Management District (SFWMD) which provides supplementary funding for the next phase of construction of the City's Reclaimed Water Transmission System. 8.H. ADDITIONAL FUNDING/HOMETOWN CONNECTION NEWSLETTER: Approve and authorize additional funding in the amount of $1,501.00 for Pollack Communications and in the amount of $9,726.00 for CM Graphics for the production of the Hometown Connection Newsletter for the remainder of FY 2007-2008. Funding is available from 001-1316-512-34.90 (General Fund/Other Contractual Services) and 001-131.6-512-47.10 (General Fund/Printing/Binding Services). 8.I. AGREEMENT/NEW INNOVATIONS/SUMMER ENRICHMENT PROGRAM: Approve an agreement between the City and New Innovations for a Summer Enrichment Program. Funding is available from 001-4105-572-34.90 (General Fund/Other Contractual Services). 8.J. AMENllMENT NO. 1/INTERLOCAL 5"'AVENUE: Approve an alternative Amendment No. 1 to the Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) for construction renovations to 135 N.W. 5`h Avenue. At the May 6, 2008 meeting, Commission approved Amendment No. 1; however, the CRA's attorney drafted an alternative agreement that also provides funding by the CRA in the amount of $30,000.00 as a contingency and the CRA accidentally presented this one to their Board. 8.K. AGREEMENT/MAE VOLEN SENIOR CENTER, INC./MEALS PROGRAM/CONGREGATE: Approve an agreement between the City and Mae Volen Senior Center, Inc. to provide congregate meals for seniors at Pompey Park Recreation Center. 8.L. APPLICATION FOR RELEASE OF RESERVATIONS/MIDTOWN DELRAY: Approve and authorize the Mayor to execute an Application for Release of Reservations from the Board of Trustees of the Internal Improvement Trust Fund which recommends full release of a 20-foot road reservation. 8.M. AMENDED GUARANTY AND WARRANTY AGREEMENTS/BOB FEDERSPIEL PARKING GARAGE: Approve Amended Guaranty and Warranty Agreements for the Bob Federspiel Parking Garage. -3- 05/20/08 8.N. REQUEST FOR MEMBERSHIP/INTERNATIONAL COUNCIL FOR LOCAL ENVIRONMENTAL INITIATIVES: Approve a request from the Green Task Force to join ICLEI (International Council for Local Environmental Initiatives) at an annual cost of $1,200.00. Funding is available from 001-2911-519- 54.20 (General Fund/Memberships). 8.0. SPECIAL EVENT REQUEST/4~h OF JULY FESTIVITIES: Approve a special event request for the 4` of July Festivities to be held from noon until 12:00 midnight, including granting a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from the east side of N.E./S.E. 6`h Avenue to Ocean Boulevard, and from the south side of Thomas Street to the north side of Miramar on Ocean Boulevard; to waive City ordinances 101.25 "Commercial Enterprises" and 101.32 "Assemblies" to allow assembly on the beach and vendors; to allow all beach parking lots to remain open to approximately midnight; and to approve staff support for security and traffic control, street barricading and banner hanging, new large stage and small stage set up and use, EMS support, use of City generator, signage, and clean up and trash removal. 8.P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period May 5, 2008 through May 16, 2008. 8~. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Chaz Equipment, Inc. at an estimated annual cost of $50,000.00 by renewal and extension of the existing annual contract under the same terms, conditions and prices for Sanitary Sewer Manhole Interior Rehabilitation. Funding is available from 442-5178-536-63.82 (Water/Sewer Renewal & Replacement Fund/Sanitary Sewer Manhole Rehabilitation). 2. Contract award to J & M Pipeline, Inc. in the amount of $43,650.00 for cleaning an existing 16" force main under the Intracoastal Waterway for use as a reclaimed transmission main in serving Area 11 & 12 of the Reclaimed Water System. Funding is available from 441-5181-536-65.96 (Water & Sewer Fund/Reclaimed Water Transmission). 3. Purchase award to Emergency Vehicle Supply (EVS) in the amount of $78,221.79 for the purchase and installation of nine (9) police vehicle equipment packages for the Police Department. Funding is available from 001-2115-521-64.20 (General Fund/Automotive). 4. Purchase award to Riddell/All American in the amount of $14,714.00, to BSN Passon Sports in the amount of $1,767.35, to Gulfstream Sports Group in the amount of $1,415.90, and to GL Sports in the amount of $618.50 for the purchase of football -4- 05/20/08 equipment for the 2008 Delray Beach Rocks Varsity/Peewee Football Teams. Funding is available from 001-4127-572-55.30 (General Fund/Football Supplies). 5. Purchase award to I.O. Analytical in the amount of $27,802.00 for the purchase of the first component for the upgrade of the Volatile Organic Compound System. Funding is available from 442-5178- 536-64.90 (Water/Sewer Renewal and Replacement Fund/Other Machinery/Equipment). 6. Purchase award to Duval Ford in the amount of $219,168.00, per the Florida Sheriff's Association bid award #07-15-0827 for the purchase of nine (9) Crown Vic Police Interceptor take-home vehicles for the Police Department. Funding is available from 001-2115-521-64.20 (General Fund/Automotive) and 115-2112- 521-64.20 (Special Projects Fund/Automotive). Mrs. Montague moved to approve the Consent Agenda as amended, seconded by Mr. Eliopoulos. 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. Commissioner Eliopoulos declared a conflict of interest on Items 9.A.A., 9.A.A.A., and 9.A.A.A.A. 9. REGULAR AGENDA: 9.A.A. REQUEST FOR SIDEWALK DEFERRAL/2001 SOUTH OCEAN BOULEVARD: Approve a request to defer the installation of a sidewalk in front of 2001 South Ocean Boulevard. Richard Hasko, Director of Environmental Services, stated the two sidewalk deferrals are fairly routine in the neighborhoods where the homes are located. He stated there are no sidewalks in the immediate areas and staff has had no requests from the neighborhood and typically recommend sidewalk deferrals in those areas. The right-of--way acquisition is a requirement on the one property to give us the minimum right-of--ways that the City requires per the Land Development Regulations. Mr. Fetzer moved to approve the sidewalk deferral agreement for 2001 South Ocean Boulevard, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. 9.A.A.A. REQUEST FOR SIDEWALK DEFERRAL/302 PALM TRAIL Approve a request to defer the installation of a sidewalk in front of 302 Palm Trail. Mr. McDuff e stated he received communications from someone who lives on Palm Trail who has a sidewalk which crosses one lot and now we are defemng -5- 05/20/08 all the rest of them. Mr. Hasko stated staff did discuss that issue and the sidewalk deferral process is available to builders, homeowners, etc. that they can apply to the City for under certain circumstances. Generally there is no sidewalk in the area (Lake Ida area or in the Palm Trail area). He stated sometimes what happens is a builder may go out and may or may not be familiar with Delray and the default requirement is to build a sidewalk. Mr. Hasko stated he believes what happened in that particular case is the builder built the house, built the sidewalk, and never came in to request a deferral and then he sold the house to the people who are now wondering why they have the only sidewalk on the street. Mr. McDuffie asked if it is a similar process to remove the sidewalk. Mr. Hasko stated staff discussed to allow the removal if the owner wanted to do it and replace it with a deferral. Mr. McDuffie moved to approve the sidewalk deferral agreement for 302 Palm Trail, seconded by Mr. Montague. Upon. roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. 9.A.A.A.A. ACCEPTANCE OF RIGHT-OF-WAY DEDICATION/302 PALM TRAIL: Approve and accept aright-of--way deed between the City and Ann Driscoll, for property located at 302 Palm Trail. Mrs. Montague moved to approve and accept aright-of--way deed between the City of Delray Beach and Ann Driscoll for the property located at 302 Palm Trail, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 9.A. WAIVER REQUEST/82 N.W. 5th AVENUE/WEST SETTLERS HISTORIC DISTRICT: Consider a waiver request to Land Development Regulations (LDR) Section 4.5.1(E)(7), "Demolition", which prohibits demolition of any structure within a historic district until the redevelopment plans for the site are approved and a building permit has been issued, for the property located at 82 N.W. Sih Avenue, West Settlers Historic District. (Quasi-Judicial Hearin:g) Mayor Ellis read 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. Mayor Ellis asked the Commission to disclose their ex parte communications. Mr. McDuffie and Mrs. Montague stated they had no ex parte communications to disclose. Mr. Eliopoulos stated he spoke with Mr. Jeff Costello of the Community Redevelopment Agency (CRA). Mr. Fetzer and Mayor Ellis stated they had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and -6- 05/20/08 Zoning Department project file # 2008-137 into the record. Mr. Dorling stated this is a request for a waiver to LDR Section 4.5.1(E)(7) which prohibits the demolition of all structures within a historic district until such time redevelopment plans and site plan approval have been obtained as well as a building permit issued for the project. He stated the request is to demolish the structure without submission and approval of those plans. At its meeting of May 7, 2008, the Historic Preservation Board (HPB) reviewed the proposal and with a vote of 4 to 3 recommended approval of the waiver request subject to the condition that a ten foot (10') perimeter of sod is installed and that all existing trees be retained and maintained on site. The applicant is the Community Redevelopment Agency (CRA) and they have provided a justification request for the waiver (Exhibit "A"). Mr. Dorling stated it is anticipated that redevelopment is forthcoming in the near future and the CRA is negotiating with the Delray Beach Housing Authority at this time. However, Mr. Dorling stated they are not ready to submit those redevelopment plans and given the condition of the property they would like some relief and would like to tear it down to get it underway for future development. Staff recommends that the HPB condition be expanded to acquire that the site be seeded and watered until that grass is established in addition to maintaining the trees on site. In addition to maintaining the trees on site, this is a condition that the City Commission has previously applied to extension requests for site plans and conditional uses. Mr. Dorling stated in making sure that the site is aesthetically appropriate in the interim staff is requesting that the Commission attach that condition of approval. Jeff Costello, Assistant Director of the Community Redevelopment Agency (CRA), entered photographs into the record. He stated the non-contributing structures were constructed in 1982 and went into disrepair quickly as a blighted property on N.W. 5`" Avenue that had significant issues with regard to crime and drug activity. The CRA purchased the property in 2005 as part of their mission which is to eliminate slum and blight. Mr. Costello stated subsequent to that time period there were the improvements that have occurred on N.W. 5~" Avenue and there has been a lot of public and private investment. He stated the CRA has been in negotiations with the Delray Beach Housing Authority and there were some issues with regard to the site itself with regard to access. However, with the condition of that property and the investment that has been made along 5`" Avenue, the CRA Board gave the recommendation to demolish the building. Demolition will have a positive impact on the northwest 5`" Avenue corridor as well as the surrounding area where these investments have been made. He stated with regard to the waiver request, positive findings can be made with respect to LDR Section 2.4.7(B)(5) and reiterated that this is anon-contributing structure and it is blighted and eliminating this building will eliminate potentially an adverse or an unsafe situation. Mr. Costello the longer this building stays erect there is more possibility that some other activity could occur on the property. The current property does not meet any of the design guidelines of the CBD (Central Business District) regulations. With regard to the other findings that need to be made, Mr. Costello stated that this particular waiver -7- 05/20/08 would not create a special privilege in that the waiver would be granted in a similar circumstance to eliminate a blighted non-contributing building in a comdor such as this. On May 16, 2008, the West Settlers Advisory Board recommended to support the demolition as well as the waiver request. At its meeting of May 7, 2008, the Historic Preservation Board (HPB) approved the Certificate of Appropriateness request for the demolition of the non-contributing structures located at 82 N.W. 5`h Avenue. Mr. Costello requested a waiver to the LDR Section 4.5.1(E)(7). Mr. Eliopoulos asked what the intent of the site is going to be. In response, Mr. Costello stated the intent of the site is that the Delray Beach Housing Authority is to have their administrative offices on that site. The approval through the RFP (Request for Proposal) was through a mixed use building and it would be to meet the CBD regulations. Mr. Costello stated last week the CRA received a drawing and noted that they have been tweaking the elevations and began that process. Mr. Eliopoulos asked what the height of the building is. Mr. Costello stated the height of the building is three stories; the maximum height is 48 feet. 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. There was no cross-examination or rebuttal. Mayor Ellis stated if there are plans to demolish what is considered a historic house or building in a historic district that it would have to come before this Commission to be demolished in every case if there was not an existing approved site plan to take its place. The City Attorney stated the City would require a waiver of that condition for anyone that would come before the Commission for that type of demolition on the timeframe that they want to not do it at the time of the building permit; it would require a waiver. Mr. Eliopoulos stated he realizes this is in the historic district and clearly understands that this is not a historic structure. He asked how this works in the CBD with regard to demolition and whether or not someone would need a waiver. The City Attorney stated it does not require coming to anyone to get a demolition permit; it is really the Historic Preservation Board and their jurisdiction in the historic districts that require this special approval to preserve historic districts. Mr. Dorling stated he believes it only applies to demolitions in the historic district. The City Attorney stated she would have to check on this. Mr. Fetzer inquired as to why HPB had three members vote against this. Mr. Dorling stated this is a new regulation that was just put into place and there was a concern that the first building wants a waiver to it and they were concerned with what kind of precedent this would set. Mr. Eliopoulos stated he feels there was some value in this structure that could have been salvaged. Mr. Eliopoulos stated he will support the -8- 05/20/08 waiver request this evening; however, he is concerned in the future how they are going to be coming forward because of neglect. Mr. Dorling stated this is a suburban building in an urban area and it does not meet the design guidelines. He stated to salvage it is problematic to meet the current codes. Mr. Eliopoulos stated he would like us to be cautious in the future with demolition in the historic districts. 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 (approving the waiver request subject to the condition that a ten foot (10') perimeter of sod be installed and that all existing trees be retained and maintained on site), 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.B. RENEWAL OF LIABILITY. WORKERS' COMP AND PROPERTY DAMAGE INSURANCE PROGRAM AND OTHER OPTIONS: Consider a proposal for renewal of the City's Liability, Workers' Comp and Property Damage Insurance Program with other insurance related options. Funding is available from 551- 1575-591-45.30 (Business Insurance FundBoiler and Machinery Premium); 45.31 (Package Policies), 45.33 (Excess Property), and 45.34 (Crime). Frank Babin, Risk Manager, stated Lisa Rodriguez with Arthur J. Gallagher & Co. put together the proposal package; however, she had back surgery and is out of commission. Mr. Babin introduced Tony Abella, Jr., Area Vice PresidentBranch Leader and Terry Bozelle, Client Service Representative from Arthur J. Gallagher & Co. who are both present this evening. Mr. Babin stated last June the City re-wrote the excess property coverage at a reduced rate premium and short termed the other coverage that typically renews in October. He stated the entire City's property and casualty insurance programs are ready for renewal June 2008. Mr. Babin briefly reviewed the premium summary and stated it shows the carriers, the coverage and the total premiums that the City is asking approval for June 1, 2008 -June 1, 2009 policy year. He stated the Princeton coverage shows the basic primary property coverage and also provides catastrophic excess liability coverage of $5,000,000 over aself-insured retention of $1,000,000; $24,000,000 in excess property coverage is provided by four excess insurers (Lexington, Max Specialty, Westchester, and Endurance) He stated the ACE American Insurance Co. provides property coverage for Environmental Services and the Water Treatment Plant. Mr. Babin stated a few years ago because of the shortage insurance capacity, Ms. Rodriguez was able to get adequate -9- 05/20/08 limits by breaking out these facilities and the City received a good premium rate. Mr. Babin stated the Hartford Insurance Company provides the life and accident insurance which is the statutory Police and Fire benefit coverage and the employee dishonesty crime policies. All insurance policies at this renewal will total premiums of $1.7 million. Staff is also asking for approval for a special events coverage and at no cost to the City it allows a convenient way for the smaller users of City facilities (i.e. picnics, weddings, and the instructors who teach classes through the Parks and Recreation Department) to use their credit card to purchase a million dollars worth of coverage without having to go out and try to find that type of coverage. Mr. Babin stated staff is also asking to have the City buildings appraised and noted the City has approximately 20 buildings that are valued at over $1,000,000. Over the years the City has used the Engineering Department and estimates of construction costs to value the buildings. Staff is now asking to make a formal appraisal of the 20 major buildings in the City and the cost is approximately $5,400-$5,600. Mr. Babin stated Arthur J. Gallagher has been able to reduce premiums over 18% from the expiring premiums. Mrs. Montague stated with regard to the new option for special events and the policy that would be offered to them, how does the policy compare to policies that they could buy outside of what could be provided through the City? Tony Abella, Jr., Area Vice President/Branch Leader (Arthur J. Gallagher & Co.), stated this tenant user liability insurance program is that it is an event specific policy and is in the name of the City of Delray Beach as well as in the name of the organization or the sponsor of whatever activity and it is priced based on the type of activity, the number of participants, and whether or not alcohol is being provided. The City Manager stated no one would be forced to use this and if they wanted to go buy insurance somewhere else that is fine. He stated as long as the City of Delray Beach has the coverage and is named as an insured that is acceptable. The City Manager stated it would be very convenient and in many cases less costly. Mrs. Montague inquired about the size of the events. Mr. Abella stated there is no real limit to the size of the event for a city the size of Delray Beach. Mayor Ellis stated this is a problem for some of these smaller organizations trying to have an event to find the insurance that meets the requirements of the City in order to have their event. Mrs. Montague stated she just wants to make sure that even though it would not be costing the City anything that it is a comparable price to what they might get outside the City. Mr. Avella stated from an event specific statement it is relatively inexpensive. Mr. Babin stated the City has a policy for the major special events that is handled through Robert Barcinski and noted that this is more so for the smaller events (i.e. picnics, weddings, and the instructors who teach classes through the Parks and - 10- 05/20/08 Recreation Department) that need coverage and are forced to go out and buy it themselves. Mrs. Montague stated because they cannot provide themselves insurances another way they are still being offered reasonable rates through this option. Mr. Abella stated some entities pay the money for their annual meetings and the municipality funds these but some clients do not fund any of it. Mr. Eliopoulos asked Mr. Babin to review the appraisal of the property with regard to the City's properties. In response, Mr. Babin stated the City has never done an appraisal and the coverage is based on the estimates he has been able to put together through the Engineering staff or based on estimated costs of construction. Mr. Babin stated the City could be undervalued or overvalued and the policy is such that the City should have coverage regardless and noted it is very reasonably priced. Mr. McDuffie inquired about the $1,000,000 and asked if this is for all structures. In response, Mr. Babin stated all buildings (approximately 20) valued $1,000,000 or more will be appraised. Mrs. Montague moved to approve the insurance proposal as set forth in Item 9.B. including the appraisal and the extra event insurance, seconded by Mr. Eliopoulos. 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. 9.C. LETTER OF INTENT/VVESTROCK, LTD./OLD SCHOOL SQUARE RETAIL SPACE: Consider a Letter of Intent from Westrock, Ltd. for the sale of the Old School Square Garage Retail Space. The City Attorney stated this is a Letter of Intent and she was visited by individuals who live in Delray and are part of Westrock, Ltd. which is an English company and they have showed interest in perhaps purchasing the Old School Square Garage retail space and think they have lined up a potential tenant for a gourmet market deli. The City Attorney stated the Letter of Intent sets out some essential terms although these are non-binding provisions on either side because it would only be binding if the City enters into a Purchase and Sale Agreement with Westrock, Ltd. The Letter of Intent sets forth a purchase price of $208 per square foot or a newer appraiser might show a different or lower income evaluation and in that case that may be what they offer. The City Attorney stated if the Commission approves this it would be with a condition that the City gets to approve the appraiser. It also provides for easements and licenses for certain elevator use and other use. She stated from discussions they understand that any grease traps or venting would be at their expense. The City Attorney stated there is a storage area in there that would be divided in a pro rata square footage for the Chamber of Commerce meeting the square footage for the Chamber and the deli market. They have asked for ten (10) ground floor parking spaces (the closest ten) and staff will work out language about the availability of those during special events, etc. The City Attorney -11- 05/20/08 stated they have some ideas on the earnest money they would be proposing in a purchase and sale agreement that is set forth in paragraph #5. They are requesting a 30 day renewal period (initially it was longer) but they came back and asked for a shorter period and the closing would be a quick closing and the closing costs are set forth in paragraph #8. The City Attorney stated although it says the seller will pay for any transfer taxes or fees it would have to be the buyer because by law the City cannot do documentary stamps and taxes. She stated the Commission will be paid by the purchaser and these are non- binding conditions. The City Attorney stated she feels the City has had some very cooperative and good discussions. She stated Westrock, Ltd. has owned homes here for fourteen years and they are current residents here. Mayor Ellis stated this is before the Commission to grant a 30-day period of time for them to get their parties together and to make it official. She feels 30 days is a reasonable amount of time. The City Attorney stated all of these terms are subject to Federal tax issues that they are aware we have. Mr. McDuffie stated 30 days is for a negotiation period at which time the Commission is to approve a final contract. The City Attorney stated they are to get a final contract to the Commission by that time not to say that they may not ask for an extension. Prior to the vote, Mr. Eliopoulos stated with regard to the possible tenant he feels that if the City gets to this point he would like to be a little more secure with this. He stated he wants to ensure that the tenant they are bringing in is real and somewhere along these thirty (30) days that they might have a little more information on that. The City Attorney stated they have anon-disclosure agreement and asked when they could tell the City who the tenant would be. Chris Lowery, Commercial Real-Estate Broker for Westrock, Ltd., stated they are only asking for thirty (30) days of due diligence and they are not trying to tie it up for six or nine months and go out and find a tenant. He stated he believes that the prospective buyer is identified and has signed anon-disclosure agreement with the prospective tenant. He stated he would imagine by the end of the thirty (30) day period the prospective buyer would be able to identify the tenant to the Commission or at least they can request it. Mr. Fetzer moved to approve the Letter of Intent subject to entering into a Purchase and Sale Agreement that is acceptable to the Commission at a later date and that all the terms meet the Federal tax laws and that transfer taxes and fees will be paid by buyer, 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. -12- 05/20/08 At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 08-08: An ordinance repealing, in its entirety, Chapter 57, "Right-of--Way Application Process For Communications Facilities", of the Code of Ordinances and enacting a new Chapter 57, "Communications Facilities in Public Rights-of-Way", to provide the terms and conditions for the erecting, constructing, and maintaining of a communications facility in the City's public right-of--way for the provision of communications service. (REQUEST POSTPONEMENT TO JUNE 3, 2008 DUE TO NEED FOR FURTHER ADVERTISING) The caption of Ordinance No. 08-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING, IN ITS ENTIRETY, CHAPTER 57, "RIGHT-OF-WAY APPLICATION PROCESS FOR COMMUNICATIONS FACILITIES" OF THE CODE OF ORDINANCES AND ENACTING A NEW CHAPTER 57, "COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS-OF-WAY"; TO PROVIDE THE TERMS AND CONDITIONS FOR THE ERECTING, CONSTRUCTING, AND MAINTAINING OF A COMMUNICATIONS FACILITY IN THE CITY'S PUBLIC RIGHTS-OF-WAY FOR THE PROVISION OF COMMUNICATIONS SERVICE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 08-08 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and stated there has been a request for postponement until June 3, 2008 at 7:00 p.m. Mr. Eliopoulos moved to postpone Ordinance No. 08-08 to June 3, 2008 at 7:00 p.m., 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. At this point, Mayor Ellis left the dais and passed the gavel to Vice Mayor Montague. 10.B. ORDINANCE NO. 21-08: An ordinance amending Chapter 36, "Finance; City Property Transactions", Section 36.01, "Compliance With Standard Practice Instructions", by providing that bidding for Community Development Block Grant projects shall be included as an exception from the Standard Practice -13- 05/20/08 Instruction. (RE UEST POSTPONEMENT TO JUNE 3, 2008 DUE TO NEED FOR FURTHER ADVERTISING) The caption of Ordinance No. 21-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 36, "FINANCE; CITY PROPERTY TRANSACTIONS", SECTION 36.01, "COMPLIANCE WITH STANDARD PRACTICE INSTRUCTIONS", BY PROVIDING THAT BIDDING FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS SHALL BE INCLUDED AS AN EXCEPTION FROM THE STANDARD PRACTICE INSTRUCTION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 21-08 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and stated there has been a request for postponement until June 3, 2008 at 7:00 p.m. Mr. Eliopoulos moved to postpone Ordinance No. 21-08 to June 3, 2008 at 7:00 p.m., 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 4 to 0 vote. 10.C. ORDINANCE NO. 17-08 (FIRST READING/TRANSMITTAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2008-1): Consider on first reading an ordinance adopting Comprehensive Plan Amendment 2008-1 and associated Futurc Land Use Map (FLUM) amendments, and authorize transmittal to the State Department of Community Affairs. Amendment 2008-1 includes the Text Amendment and Future Land Use Map Amendment. (THIS ORDINANCE IS RF.QUF_STED TO BE POSTPONED TO COME BACKAS A PUBLIC HEARING ON The caption of Ordinance No. 17-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2008-1, PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTION 163.3161 THROUGH 163.3243, - 14- 05/20/08 INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSNE PLAN AMENDMENT 2008-1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 17-08 is on file in the City Clerk's The City Attorney read the caption of the ordinance and stated there has been a request for postponement until June 17, 2008 at 7:00 p.m. Mr. McDuffie moved to postpone Ordinance No. 17-08 to June 17, 2008 at 7:00 p.m., 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, Mayor Ellis returned to the dais. 11.A. City Manager's response to prior public comments and inquiries. The City Manager stated at the last meeting the City Commission received a petition and there were some comments about all of the City's housing assistance going to the Community Land Trust (CLT). Staff has had some informal discussions with some residents regarding the City's sub-recipient agreement with the CLT that assigns all the SHIP (State Housing Initiative Partnership) Funds used for down payment assistance to be managed by the Land Trust office. It appears from the petition that has been read that residents are asking that SHIP Funds be made available for the purchase of affordable housing units other than through the CLT. Thus, providing for options in how affordable units are acquired. The City Manager stated Vice-Mayor Montague has met with Seabron Smith of the TED Center, Angie Gray, Community Redevelopment Agency (CRA) board member Bill Sanders and Carnielita Smith from the Delray Community Development Corporation (CDC) regarding this issue. He stated Vice-Mayor Montague invited Diane Colomla, Executive Director of the CRA and Lula Butler, Director of Community Improvement to these meetings to address these concerns. Staff will develop a recommendation for the Commissions consideration after staff completes the necessary meetings with the non-profit partners and do an assessment of the issues. Secondly, the City Manager stated staff received a request from the owner of Nature's Way Cafe for reduction in their outdoor cafe fee. The property was cited by Code Enforcement for not obtaining a sidewalk cafe permit. The City Manager stated Nature's Way has been operating since October 25, 2008 without a permit. He stated Land Development Regulations govern sidewalk cafes and all restaurants operating in the City of Delray Beach must obtain a sidewalk cafe permit for outdoor seating. The Land Development Regulations provide for tables and chairs approved by the City to be situated and maintained outside whether they are on public or private property and used -15- 05/20/08 for the consumption of food and beverages sold by the adjoining business. Even though the tables and chairs are on a private sidewalk the owner is still required to maintain a 5- foot pedestrian walkway. This thicker business has a total of eight (8) tables (4 in front of Nature's Way and 4 in front of the adjoining business locations). The area used for the sidewalk cafe is approximately 160 square feet so their sidewalk cafe fee is $480.00 per year. Staff has looked at this and does not see any equitable way that this business should be treated differently from others. The fee does not seem overly burdensome given the number of tables they have. The City Manager stated there was a concern expressed about the Floranda Trailer Park and the conditions of the property. He stated on May 12, 2008 the Community Improvement Department spoke with the Property Manager for the Floranda Mobile Home Park and staff discussed the concerns of the City as well as the concerns of the surrounding neighborhood. As a result, a violation is issued by Code Enforcement and this conversation and the following actions have been taken. Several demolition permits have been applied for to demolish and remove abandoned derelict trailers. So far, four permits have been issued and nine are pending. It is the intent of the owners of the mobile home park to remove trailers as they become vacant. The trailers are owned by the occupant while the land the trailer sits on is leased from the property owner. Two abandoned boats and five abandoned vehicles are to be removed within the next two days. Vegetation is being trimmed, grass mowed, and all litter and debris is being removed starting May 13, 2008 and should be done by the end of the week. A violation has been issued to the park owners that put them on notice that the property must be kept clean, mowed, and litter free and that any future abandoned vehicles on the property including trailers must be removed as soon as possible. The City Manager stated they are to comply on this will result in a hearing before the Code Enforcement Board or the issuance of civil citation either of which can result in daily fines up to $250.00 per day per violation. Staff will continue to monitor that situation. Lastly, the City Manager stated there was a concern expressed about parking on the beach and noted that it is the ten (10) northern most parallel spaces that would have changed to a four (4) hour time on this. He stated ten (10) spaces should be adequate to meet the needs of the catamaran owners that park them on the beach. 11. From the Public. 11.B.1. Michael Gosnell, 734 S. bake Avenue, Delray Beach, stated there are three volunteers from his neighborhood who wish to dedicate their time to him. He expressed concern about the hurricane storm season and noted he has a wood cottage (pre 1960) and noted most of the cottages in Delray Beach will not withstand a Category 3 hurricane (he distributed photographs of his property to the Commission). He stated it is not practical for him to rebuild and pour a new house out of concrete. Mr. Gosnell stated he has lived in this home for thirty (30) years and noted that he built a storm shield (a severe weather fence) around the house so that he would survive a storm. He stated a lien has been placed on his house because he is reluctant to take it down for self preservation purposes and he is also being fined $50.00 a day. Mr. Gosnell stated Florida Power & -16- 05/20/08 Light (FPL) is changing out perfectly good poles for a Category 4 hurricane (145 mph winds). He suggested that maybe he can renew a temporary permit every year. Mr. Gosnell stated this is the only way he can do this without building a new house which is financially out of the question. Mr. Eliopoulos asked Mr. Gosnell if Code Enforcement gave him a violation because he did not get a permit. In response, Mr. Gosnell stated he did not get a permit but he spent months and almost $2,000.00 with surveys and jumping through hoops trying to do things. Mr. Gosnell stated Code has allowed the back part and most of the sides of his weather fence but would like him to take down the front which is like leaving a garage door open during a storm. He stated the weather fence works as a whole unit. 11.B.2. Linda Thompson, 719 S. Lake Avenue, Delray Beach, stated she dedicates her speaking time to Mr. Gosnell. 11.B.3. Tom Durante, 738 S. Lake Avenue, Delray Beach, stated he dedicates his speaking time to Mr. Gosnell. 11.B.4. Tom Chewnin~, 724 S. Lake Avenue, Delray Beach, stated he dedicates his speaking time to Mr. Gosnell. 11.B.5. Pauline Moody, 609 S.W. 8`~' Avenue, Delray Beach, asked if the City has a policy regarding rehabilitation facilities and the people attending these facilities. She stated many people from out-of--state seeking rehab have been coming to Delray Beach and feels like the situation has gotten out of control. Ms. Moody asked what the City has set-up with the State of Florida and other states that allows them to come to Delray Beach to get better and then go back to where they are from. She feels there are too many transient people here and asked how and where they are living. Ms. Moody stated she would like a clear explanation as to what kind of program the City has in place because she feels there is a major problem. 11.B.6. John Bennett, 137 Seabreeze Avenue, Delray Beach, reminded everyone of the upcoming Memorial Day Ceremony at the Municipal Cemetery run by the American Legion Post #65 and #188 starting at 9:30 a.m. Also, the Veterans of Foreign Wars will have their commemoration at Veterans Park at 11:00 a.m. and the Post will also have a spaghetti dinner from 12:00-2:00 p.m. Mr. Bennett stated among those they will honor are Delray's Fallen: Marvin W. Milton, Loney Myers, Harry Fish, Harry Oller, George H. Reiley, Howell Jones, Ben F. McIntosh, Bradley O'Neal, Benjamin F. Jetton, Shelton Lamb, Jr., Logan McNeal, Alfred F. Priest, Charles L. Vreeland, John Jupinko, Arthur R. Sprott, Jr. 11.B.7. Alice Finst, 707 Place Tavant, Delray Beach, stated it is three months before the Commission has five appointments to make to the Site Plan Review and Appearance Board (SPRAB). She stated as an observer at SPRAB meetings for more than four years she urged the Commission between now and the end of August to act on some suggestions to improve the functioning of this Board. Mrs. Finst stated her -17- 05/20/08 observation is that the appointees have not attended full meetings of the Board if they have attended any meeting at all. She suggested that SPRAB rules be changed to include: (1) alternate members to fill in for absentees so they will be up to speed when they move on to the Board, (2) there needs to be a specific spot for a sign specialist as well as a photometric specialist whose expertise is needed for plan review, (3) the City review of the ins and outs of photometrics. Mrs. Finst stated as the Chair of the Board asks the Board members to comment when it gets to Mr. Youngross who is the photometric specialist there is a silence because the plans that get to him are not reviewed adequately or they are not done correctly. Mrs. Finst stated the major part of the presentation is Mr. Youngross telling them what they need to do to be legal with the Codes and Ordinances of the City, County, State and in some cases the Federal Government mostly related to safety. Mrs. Finst stated out of the goodness of his heart he has offered to tell the architects to call him and has also heard that the City has told the applicants to call Mr. Youngross. Mrs. Finst suggested that the City put Mr. Youngross on as a paid consultant or send whoever reviews the City's plans for photometrics to a class to get him up to speed with what needs to be done in the matter of photometrics. At this point, the Commission returned to Item 9.D. of the Regular Agenda. 9.D. AUTHORIZATION TO PARTICIPATE IN A CLASS ACTION LAWSUIT/FIRM SOLUTIONS v. LYON FINANCIAL SERVICES, INC.: Consider a request for authorization to participate in a Class Action Lawsuit entitled, Firm Solutions v. Lyon Financial Services, Inc. The City Attorney stated this is a class action lawsuit regarding some extra fees and taxes that are claimed to have been assessed on business equipment from Toshiba Business Solutions and staff just needs to file a form. Therefore, staff seeks authorization of the City Commission to file the consent form. Mr. Fetzer moved to approve to file the consent form, 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. 9.E. SETTLEMENT OFFER IN TIMOTHY CULHANE v. CITY OF DELRAY BEACH: Consider a Settlement Offer in the total amount of $25,922.00 in Timothy Culhane v. City of Delray Beach. Staff recommends approval subject to the receipt of the appropriate releases. The City Attorney stated this is a property damage subrogation claim and the City's adjuster has recommended that we put this forward with his positive recommendation. The property damage is assessed at $25,922.00. -18- 05/20/08 Mrs. Montague moved to approve the Settlement Offer in the amount of $25,922.00 in Timothy Culhane v. the City of Delray Beach, 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. 9.F. SETTLEMENT OFFER IN ANDREW BOIS v. CITY OF DELRAY BEACH: Consider a Settlement Offer in the total amount of $30,200.00 in the matter of Andrew C. Bois v. City of Delray Beach. Staff recommends approval subject to the receipt of the appropriate releases. The City Attorney stated this is an offer of settlement in the amount of $25,000.000 and also $5,200.00 in attorney's fees as it relates to the application and the City's ordinance that is now going under review as it deals with workforce housing and the transfer of those units upon death. Staff recommends that the Commission approve the settlement offer. Mr. McDuffie moved to approve the Settlement Offer in the amount of $30,200.00 in the matter of Andrew C. Bois v. City of Delray Beach, seconded by Mr. Eliopoulos. 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.G. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1) alternate member to the Board of Adjustment to serve an unexpired term ending August 31, 2009. Based upon the rotation system, the appointment will be made by Mayor Ellis (Seat #5). Mayor Ellis stated she wished to appoint James Houck as an alternate member to the Board of Adjustment to serve an unexpired term ending August 31, 2009. Mrs. Montague so moved, 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. 9.H. APPOINTMENT TO THE BOCA RATON AVIATION ADVISORY COMMITEE: Appoint one (1) regular member to the Boca Raton Aviation Advisory Committee to serve a two (2) year term ending May 31, 2010. Based upon the rotation system, the appointment will be made by Mayor Ellis (Seat #5). Mayor Ellis stated she wished to reappoint Robert Conway as a regular member to the Boca Raton Aviation Advisory Committee to serve a two (2) year term ending May 31, 2010. Mr. McDuffie so moved, seconded by Mrs. Montague. 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 S to 0 vote. - 19- 05/20/08 12. FIRST READINGS: 12.A. NONE. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated Mr. Fetzer had inquired about the Fire Academy Program and noted that Chief David James reports that in order to develop the program the City would need to bring a person on board for a year in advance to develop the curriculum and it would cost the City with fringe benefits approximately $50,000- $55,000. Then continuigg on beyond that in the second year when the program would actually be up and running they would need approximately $25,000.00 for equipment plus some part-time people to help with the instruction. The City Manager stated this is what the Fire-Rescue Department would need and is a matter of whether the Commission would like to budget those resources. Secondly, he stated with regard to comments expressed by Mr. Eliopoulos about the Federspiel Garage, staff has been sending out emails about this. The City Manager stated staff believes that they have a solution now which will work and they have given the City additional warranties. He stated staff will likely get this resolved within the next week or so. The City Manager stated he will be leaving on vacation on Wednesday, May 28, 2008 and noted the Transforming Local Government Conference starts on the morning of Wednesday, June 4, 2008. Therefore, the City Manager stated he will miss the City Commission Meeting of June 3, 2008, however Robert Barcinski, Assistant City Manager, will be here to cover the meeting. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer asked if staff has conveyed the information about the Fire Academy to Dr. Kathy Weigel. In response, the City Manager stated this has been communicated to Dr. Weigel. Secondly, Mr. Fetzer stated he has been reading in the newspaper that Boynton Beach is heavy into budget issues. He stated it would be helpful to him if staff could outline the timeline of the budget process and let the Commission know what steps the Commission will be going through and what kind of timeframe to expect. -20- 05/20/08 13.C.2. Mr. Eliopoulos Mr. Eliopoulos stated it is a pleasure to have Mayor Ellis back. He stated although Vice-Mayor Montague did fine, it is nice to have a full Commission. Secondly, he stated that the Commission just had a workshop with the Green Task Force regarding the lawsuit coming up. Mr. Eliopoulos stated they heard from Waste Management and at the end the Solid Waste Authority was there; however, he is not sure if the Commission got the benefit of truly hearing what their product can do with regards to recycling. Mr. Eliopoulos stated he received some responses back from Waste Management to see if the City would like to try and do recycling in all the parks. The Solid Waste Authority has indicated that they would like to try and work with the City of Delray Beach and see how we can work with them. Mr. Eliopoulos suggested that the Commission entertain a Workshop Meeting for the Solid Waste Authority. The City Manager stated the Solid Waste Authority has sent the City of Delray Beach a letter requesting to make a presentation because they would like to recognize the City's success in recycling and some of their plans on what they are doing could also be discussed at this meeting. Mr. Eliopoulos stated Mark Gregory has been on SPRAB many years and when he did get off there was such a void that it could not be filled. Mr. Eliopoulos stated the City actually brought Mr. Gregory back and concurred with comments expressed by Mrs. Frost that SPIZAB is an important Board. He stated some Boards the City has alternates for and others we do not. Mr. Eliopoulos suggested that the City may want to consider having alternates for SPRAB. Mr. Eliopoulos commented about an email regarding a house that has been under construction for a long time and noted this has been happening around the community. He stated a lot of the homes that were constructed whether it is from a developer have gotten into a staging pattern and are just sitting. Mr. Eliopoulos stated the developers are not going to throw any more money into the houses until the market starts coming back. He stated it tends to look bad for the area and noted there is one house in Seagate and approximately 12 houses in the Lake Ida neighborhood. Mr. Eliopoulos stated he is not sure if this is a building issue for George Diaz and feels that these properties need to be kept up to look decent. Mr. Eliopoulos stated last night the City Manager and the City Attorney had the pleasure of sitting through the Planning and Zoning Board Meeting where the Lake Ida Guidelines were discussed. Mr. Eliopoulos stated these guidelines will be coming before the Commission on June 3, 2008. He stated there were approximately 150 people in attendance and commented that the atmosphere in the neighborhood was going -21- 05/20/08 in a different direction and he is happy to see that they all pulled together in the right direction. Lastly, he asked the City Manager to update the Commission on the Franklin House. 13.C.3. Mrs. Montague Mrs. Montague stated they are coming toward the end of the six month period with the newly formed Budget Task Force and the Green Task Force. She suspects that based on the Green Task Force multiple requests that they are going to extend their time. Mrs. Montague stated we have not, to date, received any kind of interim report from the Budget Task Force. The City Manager stated the Budget Task Force expects to present an interim report in June. Mrs. Montague asked the City Manager if he can also see if they are going to come forward with that request because she believes that the end of the six month period for the Budget Task Force may be as early as July. She is not sure what the process is as far as extending the Budget Task Force. The City Manager stated normally with a Task Force if they would like more time they will come before the Commission and ask. He stated in many cases a six month Task Force presents their final report seven or eight months after they were established and ask for an extension. It was the consensus of the Commission to propose that the Task Force let the Commission knows before their time period expires (i.e. four weeks before the Task Force expires). Mrs. Montague welcomed back Mayor Ellis. 13.C.4. Mr. McDuffie Mr. McDuffie welcomed back Mayor Ellis. Secondly, he stated the Metropolitan Planning Organization (MPO) Meeting was this past week and the City of Delray Beach had a couple of things on the Agenda the last time regarding the completion reports from the Florida Department of Transportation (FDOT) and their reports on the Atlantic Avenue portion (probably does not touch the City limits out west) and A-1-A projects are forecast to be complete on time. Mr. McDuffie stated he is very pleased to see both of these projects on the Agenda and ready to be complete on time. Mr. McDuffie stated there is also a session on transit oriented development coming up soon. banquet. He stated he attended the Police Awards Banquet and it was a wonderful -22- 05/20/08 Mr. McDuffie stated he had a meeting with a representative from the Solid Waste Authority who expressed an intense desire to get back with the City of Delray Beach. With regard to the Budget, Mr. McDuffie stated the estimates come out to the cities on June 1 S`. Mr. McDuffie stated the analysis was prepared by the Deputy Director of Residential Appraiser for him which he passed on to the City Manager and the Finance Director. Mr. McDuffie stated he does not believe things will vary a great deal from what they have in hand right now although the official ones will get here by law June ls`. Mr. McDuffie stated he and Vice-Mayor Montague will be at Spady Elementary School for Career Day. He feels this is nice to give the students a broad brush approach to some things they might start looking at way earlier in life than their senior year in high school. 13.C.5. Mayor Ellis Mayor Ellis stated it is truly a pleasure to be back and she loved seeing the pictures of the rest of the Commission in the paper every week as she was bed bound and wheelchair bound. She stated she was absolutely proud to be an associate of the rest of the Commission. Mayor Ellis commended Vice-Mayor Montague and stated she is grateful to the entire Commission for everything they did. Mayor Ellis stated it is very difficult to get out in the wheelchair so she will still be calling on the rest of the Commission to help with some of the functions. Mayor Ellis stated she is much more appreciative and understanding of handicapped people and what they have to go through. Mayor Ellis stated she will never be able to respond to all the calls, emails, cards and flowers and noted it cheered her spirits every day. She thanked everyone for their caring thoughts and gestures. There being no further business, Mayor Ellis declared the meeting adjourned at 7:59 p.m. City Clerk - 23 - 05/20/08 ATTEST: ~~ - 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 May 20, 2008, which Minutes were formally approved and adopted by the City Commission on June 3, 2008. City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. -24- 05/20/08 ~,.. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTED BY CRA FOR 82 NW 5T" AVENUE 1. This waiver request came before the City Commission on May 20, 2008. 2. The City staff, applicant, and other persons have presented documentary evidence and testimony to the City Commission pertaining to the waiver request for 82 NW 5i~' Avenue. All of the evidence is part of the record in this case. 3. Demolition in Historic Districts: Pursuant to Section 4.5.1(E)(7), demolition of structures within historic districts shall not occur until a building permit has been issued for the redevelopment plans. 4. Waivers: 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. Should ttie waiver be granted to allow the demolition to occur prior to issuance of tt~e permit for the redevelopment plans for the site? Yes 5 No 0 5. 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. 6. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts con#ained ~~~r~o~ i ~r° ~'l~ r , in the record including but not limited to the staff reports, testimony of experts and other competent witnesses which supports the findings set forth in this Order. 7. Based on the entire record before it, the City Commission approves X denies the waiver requests subject to the conditions set forth herein and hereby adopts this Order this 20th day of May, 2008, by a vote of 5 in favor and 0 opposed subject to the condition that states: That the site is seeded and watered until the grass is established and that the existing trees remain on the site. P . ~ -~-~ 1I;~r.;e_ ~~ Mayor ATTEST: ,~ ~, ~ _La elda Gaskins Acting Deputy City Clerk 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FUR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS AST NAME-FIRST NAME-MIDDLE NAh1E NAME OF ©OARD. COUNCIL, COMMISSION. AUTI IORITY, OR COh1MlT'iEE Eli.opvul.os, Gary I?. Delray T3each CiCy (:onani>sion .TAILING ADDRESS -~_.__.__.._.__.~._ TT-1E t30ARD, COUNGt-, COMMISSION, AUTHORITY OR C0r.1M1TTEE ON 205 George f3us}t Bc>ul.evarel wHIC}11sErtvElsAUNlTOi": ------• -- ..rr. rv~rv n rn ruTV f I nTNFR I fX'AI ARFNr:Y G7Y COUNTY Delray Beach, I:lorida 3_3444 Palm Beach DATE ON Wt11CH VOTE OCCURRED _ - ~~ 5/2U/2008 NAME OF POLITICAL SUBDIVISION: ~] ELECTIVE U APPOINTIVE WHO MUST F1LE FORM 88 This (orm is for use by any person serving at [he county, city, or other loc<~! level oI government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whnthor you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A porsan holding elective or appointive county, municipal, or other local public office MUST AE3STAtN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agc;ncy) by whorTl he or she is retained (including the; parent oryanization or subsidiary of a corporate principal by which he or she is retained): to the special private; gain ar loss of a relative; or o the special private gain or loss of a business associate. Commissioners of comnwnity redevelopment agencies under Sc:c. 1G3.356 or 1ti3.357, F.S., and officers of indcpc:ndeni specie) tax dlstncts elected on a one-acrr„ one-vote basis are riot prohibited from voting in that capacity. For purppses of this law, a "relative" includes only the officer's lathe), nTather, son, dau+Thter, husband, wife, brother, sistrr, tather•in-law, mother-in"law, son-in-taw, and daughtrr-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, coovmcr of property, or corporate shareholder (where the shares of the corporation are not listed on any national or rogional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above. you must disclose the conflict: PRIOR TO THE VOTE E3EING TAKEN by publicly statiny to thr_ assembly Ule naturr> of your interest in ttte measure on which you are abstaininy from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCUk25 by completing and tiling this (orm wdh the {terson res{ionsibte for recording the mut- utcs of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the: situations described above, you otherwise may participate in these matters. Ftowcver, you must disclose the nature of the conflict before making any attempt to influence the decision, whr;ther orally or in writing and whether made by you ar at your direction. IF YOU INl'I=ND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION F'RIOE2 T(~ THE MEET LNG A E WHICH THG VOTE WILL E3E TAK f:' N' • You must wrnplatc and Eile this form (before making any attempt to influence the derision) with the person responsible for rerording the minutes of the nx;eting, who wilt incorporate the form in the nunutes (Contuwed on other safe) t CE FORM Hfi - FFF N2~d0 F~AGf_ t APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. The form must be read publicly at the next meeting after the fomt is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT C3Y DISCUSSION AT THE MEETING • You must disdose orally the nature of your Conflict in the measure, before partiapating. • You must complete the fom~ and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST l _ GarY_ }': _ F l iopoulor_____.__-______.-_-, hereby disclose that on____rt~ _?U ,~ ____.___..____________..____ ___. 20 ~~ __: {a) A measure came or will Como betore my agency which {check one) __ inured to my special private gain or loss; _y,~ inured to the special gain or toss of my business associato, __Xupi~_P1.inpsiul4~.~f.r~11iL~.~-t.~~-~' ..~Ll.. ----- _,,,,_ inured to the special gain or loss of my relative, ____..____~-__- ___._---------.-- --' _~ inured to the special gain or loss of_~ _____.____________~__..._._...__.______.__~__...-..___~____.~__.___._.r~_-. by whom 1 am retained; or ____ inured to the special gain or loss of ~__`__~..__.~_~__._.__ _____._..~__~~__-___~_ _______~ ,...._....__. which is the parent organization or subsidiary of a principai which has retained me. (b) The measuro before my ayency and the nature of my conflicting interest in the measure is as follows: ~------_ ~~ Date Filed ~ ~~Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.377, A FAILURE TO MAKE ANY REQUtRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED t3Y ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FRObt OFFICE OR EMPLOYMENT, pEMOTION, REDUGTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO f=XCEED $1p,000- CE f'ORM 8t3 - [FF. 7f2000 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL,_AND OTHER LOCAL PUBLIC OFFICERS '' LAST NAME-FIRST NAME--tdIDDLE NAME i:l io otrlos, Vary Y. NAME OF BOARD, COUNCIL. COMMISSION, AUTriORITY, OR COMMITTEE i)r, l r 3v 3ieach Ci tY Commission MAILING ADDRESS ~t~5 (i00Y~Q Bush iiOl3leV~Cd THE BOARD. COUNCIL. COMMISSION. AUTHORITY OR GOA4AiTTEE ON WHICFIISERVEISAUNITOF: CITY COUNTY "~G7TY _ _ U COUNTY __ __ eJ OTHER LOCAL AGENCY _ I)ulra Reach, Florida ;.33444 1?a7.rn Beach ___ ~-u _. NAME OFPOUTICALSVeotvlsloN: OATS ON W ICN V TE OCCURRED ! --_.__ _. 5 ~) n 7ld U~ MY POSITION IS: ~ ELECTIVE U APPOINTIVE WNO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other IQCaI level 01 government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented tivilh a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, pleasQ pay ciosQ attention to the instructions on this toms before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elQCtivQ or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which nurse to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mQa- ;ure which inwes to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (inGuding the ~aront organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or lass of a rolaliv©; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-veto basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying an a business enterprise with the affictir 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 exchang©). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the moasurQ on which you are abstaining from voting; acrd 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, wlTO should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these metiers. However, you must disclose the nature of the conflict before making any aiternpt to influence the decision, whether orally or in writing and whether made by you or al your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE Wlt.l BE AKEN: You must complete and file this form (before making any atiernpt to influence the decision) with the person responsiblQ for recording the rninulos of the mooting, who will incorporate the form in Ute minutes. (Continued on other side) CE FORM 88 - EFF. 1!2000 --r- r ,~'*~ ., j` ? _ fy .;1 n .1 PAGE t APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the ocher members of the agency. • The form must be read publicly at the next meeting after the form is ~led- iF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must cornplote the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form muss be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST Caz y i'. F:1 iopou,los May ZO U`~ I, _______„__ _--___-_____-_, hereby discose that onv~- ____________________, 20 (a) A measure came or will comp before my agency which (check one) _ inured to my special privato gain or loss; ~?7 inured to the special gain or loss of my business associate, ~;, 1. 1 ~-a ~''~a~j ~~ ~_.> _~ t_?C~.-t_~ Lr~~_(._5.~ , ~.(~..r' inured to the special gain or loss of my relative, ___ inured to the special gain or loss of____._.___________________________-~________~---J_~._..__~_______-.___. by whom I am retained; or ~_ inured to the special gain or loss of ~ _~W_____ ,____~_____ ,_~~_, which is the parent organization or subsidiary of a principal which has retained me. (b} The measure before my agency and the nature of my conflicting interest in the measure is as follows: ~ _. f~/ .--.. + t~ .. 5/20/2008 __".~-. -- .__~ Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY fiE PUNISHED BY ONE OR h40RE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10.000. CF FORM 8l3 - EFF. 112000 PAG[ 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL,__AND OTHER LOCAL PUB_LIG OFFICERS AST N,dMf:--FIRST NnME-MIDDLE NnME NM1E OF OOARD, COUNCIL. COMMISSION, AUTHORITY, Oft GOMMITTEC- El.Sopoulos, Cary P. Delray Beach t;ity Cammi::sion ntAIUNG AllORES$ THE ©OARD, COUNCIL, COt,4MISStON. AUTHORITY OR COMMITTEE ON '205 George Bush BOUleVard WHICHISERVEISAUNITOF: CITY - _ - ` -_._...-. ~.__..._C~~Y ~GN U COUNTY (] OTt1ER LOCAL AGENCY Delray Beach, I'].orida 33G44 Pa3m Beach NnMEOFPOLITICALSUBDIVISION: J t~5%~0/2008 TEOCCURRED ~~~ -- MY POSITION LS: X7 ELECTIVE O APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government vn an appointed or elected board, council, cvmrnission, authority, or committee. it applies equally to members o[ advisory and non-advisory bodies who are presented wish a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in Which you have a confick of interest wilt vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A parson holding elective or appointive county, municipal, or other Ivcal pubGe office h1UST AF35TAIN from voting on a measure which inures to his or her special private gain or loss. Each etecte:d or appointed locat officer also is prohibited from knowingly voting vn a mea- :urv which inures to the special gain or loss of a principal (other than a governrttent agency) by whom he or site is retained (including lhr.. >arent organization or subsidiary of a corporate principal by which he or she is retained); tv the special private gain or fuss of a relative; or o the special private gain or loss of a business associate. Commissioner; of community redevelopment agencies under Sec. 1G3.356 or 163.357, F.S., and officers of independent sfx:cial tax districts elected un a one-acre, one-vote basis arc: not prohibited front voting in that capacity. For purposes v( Uus law. a "relative" includes only the officer's father, mother, son, daughter, husband, wile, brother, sister, father-in-taw, mother-in-law, son-in-taw, artd daughter-in-law. A `business associate" means any person or entity engaged in or carrying vn a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (whe;re the shares of the corporative are not listed on any national yr regional sloc:k exchange). ELECTED OFFICERS: In addition to abstaining (even voting in the situations described above, you must disclose the conflict PRIOR TO THE VOTE [3EING TAKEN by publicly stating to ttu: assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 OAYS AFTER THE VOTE OCCURS by completing and til;ng this form with the person responsible for rECOrdiny the min- utes of the meeting, wtto sltoutd incorporate the form in true minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherv,ise may participate in these matters. However, you must disGose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEN[) TO MAK[- ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE h~tEETING AT WHICH THE ~'OTF WILL SE. TAKEN Yvu must atrnplete and file this forrtt (tx:forc making any attempt to influence the Decision) with Uu; person responsible for recording the minutes of Ute nteetugl, who will incorporate the term in thr~ nunutes. (Continued on other srde) C[: t-ORhd f3f3 ~ E~f'F 11:0011 PAGk t - .__ APPOINTED OFFICERS (continued) • A copy of tho form must be provided immodiately to the other members of the agency. • The form nwst tie read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: - • You must disetose orally the nature of your conftict in the measure before participating. I • You must complete the form and fife it within 15 days after the vote occurs with the person responsible for recording the minutes of the ~, meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicy at the next meeting after the (orm is filed. _ ~~ _.._+ ~~ DISCLOSURE OF LOCAL OFFICER'S INTEREST far I. 1;1.i.o ou7.os hlay 20 0 I.__----y -' __-- P ^_----------___--. hereby disGose that on___._______.___..__..._-_-.....__.___.____.________._.__. 20 `f__-: (a) A measure came or will come before my agency which (check one) ___ inurod to my special private gain or loss; _~y inured to tho special gain or loss of my business associate, __,Kupj~6~_I'liclpsuslu.~~L~.kL~..L'~.C C.~..~.1' ...Q.,_______..~_. __._ inured to the special gain or lass of my rclative, .___....__..__,__.____~__._-___-__~ -_- ~.-. _--- inured to the special gain or loss ot-------------._...._..._.~ ___..___.__.______.._.__...__._.___.._._____._______.._.......__..... _ .. _.__...._...______._. by whom 1 am retained; or ___ inured to the special gain or loss of ~_~,_,_____,~__^___ ___ ____ _..._.~~__...r ~_. which is tho parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as foAows: .~ ~/ - -' ~,-~. ~ . _.. _ Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY 8E PUNiSHEU BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, f2EMOVAI OR SUSPENSION FROtv1 OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL. PENALTY NOT TO EXCEED $10.000. G[ FORM fsEi - EFF. 1!'000 PAGE 2