10-07-08 Minutes RegOCTOBER 7, 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, October 7, 2008.
1. Roll call showed:
Present- Commissioner Gary P. Eliopoulos
Commissioner Fred B. Fetzer
Commissioner Mackenson Bernard
Mayor Rita Ellis
Absent - Commissioner Woodie B. McDuffie
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Brian Shutt, Assistant City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Dr. Gary Guerrier, Pastor with First
Baptist Church.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
The City Attorney stated there has been a written request to postpone Item
10.A., Appeal/Site Plan Review and Appearance Board Actions/Boston's Restaurant
and she would also like to postpone Item 10.11., Development A2reement/Vista Del
Mar, L.L.C., She stated the Commission can vote to postpone these items.
. Mr. Eliopoulos requested that Item 8.B., Acceptance of an Easement
Deed /1145 East Atlantic Avenue, of the Consent Agenda be moved to the Regular
Agenda as Item 9.A.A., Item 8.D., Contract Closeout (C.O. No. 2 /FINAL) /The Weitz
Company, be moved to the Regular Agenda as Item 9.A.A.A. and Item 8.R., Review of
Appealable Land Development Board Actions, be moved to the Regular Agenda as
Item 9.A.A.A.A.
Mayor Ellis stated she would like to add the "Walk Our Child to School
Day" proclamation.
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Mr. Fetzer moved to approve the Agenda as amended, seconded by Mr.
Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer — Yes; Mr.
Bernard — Yes; Mayor Ellis — Yes; Mr. Eliopoulos — Yes. Said motion passed with a 4 to
0 vote.
5. APPROVAL OF MINUTES:
Mr. Bernard moved to approve the Minutes of the Impasse Hearing of
August 28, 2008, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as
follows: Mr. Bernard — Yes; Mayor Ellis — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes.
Said motion passed with a 4 to 0 vote.
Mr. Eliopoulos moved to approve the Minutes of the Workshop Meeting
of September 9, 2008, seconded by Mr. Fetzer. Upon roll call the Commission voted as
follows: Mayor Ellis — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer— Yes; Mr. Bernard — Yes.
Said motion passed with a 4 to 0 vote.
Mr. Eliopoulos moved to approve the Minutes of the Regular Meeting of
September 16, 2008, seconded by Mr. Bernard. Upon roll call the Commission voted as
follows: Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Bernard — Yes; Mayor Ellis — Yes.
Said motion passed with a 4 to 0 vote.
6. PROCLAMATIONS:
6.A.A. Walk Our Child to School Day
At this point, Mayor Ellis introduced guest and Assistant Mayor Hopkins
Kennemer who read into the record the first part of the proclamation hereby proclaiming
October 8, 2008 as Walk Our Child to School Day at Pine Grove Elementary School in
the City of Delray Beach. Mayor Ellis read and presented the proclamation to
Commissioner Eliopoulos.
6.A. Recognizing and Commending Theodoshia J. West
Mayor Ellis read and presented a proclamation hereby wishing
THEODOSHIA J. WEST a very Happy 1001h Birthday and further recognized and
congratulated her on her achievements and wished her the best of health and happiness.
Mrs. West came forward to accept the proclamation and made a few brief comments.
6.B. Florida City Government Week — October 19 -25, 2008
Mayor Ellis read and presented a proclamation hereby proclaiming the
week of October 19 through October 25, 2008 as FLORIDA CITY GOVERNMENT
WEEK in the City of Delray Beach. Janet Meeks, Education Coordinator, came forward
to accept the proclamation and gave a few brief comments.
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7. PRESENTATIONS:
7.A. Let Us Vote - Palm Beach County Charter Amendment - Jamie
Titcomb
Jamie Titcomb, Executive Director of the Palm Beach County League
of Cities. Inc., distributed the newest League of Cities Membership Directory to the
Commission and stated that there is a Municipal Voter's Initiative that is on the ballot in
November and showed the Commission a DVD of this issue.
Mr. Titcomb reiterated that he has brochures of the Palm Beach County
League of Cities Membership Directory and the Let Us Vote Initiative.
Mr. Fetzer stated there are so many amendments on the ballot on the
upcoming election and he is glad to see Mr. Titcomb out informing everyone what this is
really all about. Mr. Fetzer stated he was first elected to public office 35 years ago in
Broward County and Home Rule was an issue then and is still an issue today. He feels it
is of utmost importance that the residents of Delray Beach support this amendment
because he feels it is extremely important that we do have a say particularly with the
budget crisis we are in now and that we can have a voice in stopping unfunded mandates
to the City. Mr. Fetzer thanked Mr. Titcomb for what he is doing.
On behalf of the City of Delray Beach, Mayor Ellis thanked Mr. Titcomb
for his efforts.
8. CONSENT AGENDA: City Manager Recommends Approval
8.A. ACCEPTANCE OF AN EASEMENT DEED /PINES OF DELRAY
WEST HOMEOWNERS ASSOCIATION: Approve and accept an easement deed for
reclaimed water service with the Pines of Delray West Homeowners Association.
8.B. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.
8.C. ACCEPTANCE OF A PERMANENT TRAFFIC SIGNAL
EASEMENT AGREEMENT /PALM BEACH COUNTY: Approve and accept a
Permanent Traffic Signal Easement Agreement with Palm Beach County granting access
to construct mast arms at the intersection, operate, and maintain overhead and
underground electric facilities including wires, poles, guys, cables, conduits, and
appurtenant equipment for the Atlantic Avenue at S.W. 2nd Avenue Signal Replacement
Project.
8.D. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.A.
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8.E. AMENDMENT NO. 1 TO SERVICE AUTHORIZATION NO.
39/DAVID MILLER & ASSOCIATES/LINTON BOULEVARD BRIDGE
TENDER HOUSE: Approve Amendment No. 1 to Service Authorization No. 39 in the v
amount of $5,250.00 to David Miller & Associates for Construction Administration
Services regarding the fagade renovations to the Linton Boulevard Bridge Tender House.
Funding is available from 334 - 3162 -541 -46.05 (General Construction Fund/Repair &
Maintenance Services /Linton Blvd Tender House).
S.F. SUB - RECIPIENT FUNDING AGREEMENTS /ACHIEVEMENT
CENTERS FOR CHILDREN AND FAMILIES /FAMILIES FIRST OF PALM
BEACH COUNTY: Approve and authorize the execution of funding agreements with
two (2) sub - recipients (Community Child Care Center d/b /a Achievement Centers for
Children and Families and Children's Case Management Organization d/b /a Families
First of Palm Beach County) for the Village Academy Beacon Center program for FY
2008 -2009, with the total funding in the amount of $829,305.00 from the City and
Children's Services Council of Palm Beach County.
8.G. THIRD AMENDMENT/INTERLOCAL AGREEMENT /PALM
BEACH COUNTY: Approve a Third Amendment to the Interlocal Agreement with
Palm Beach County Criminal Justice Commission for additional funding in an amount
not to exceed $100,000.00 for additional services for the period October 1, 2008 through
September 30, 2009.
8.11. MEMORANDUM OF UNDERSTANDING /FLORIDA
DEPARTMENT OF FINANCIAL SERVICES: Approve a Memorandum of
Understanding with the Florida Department of Financial Services; and accept the 2007-
2010 Domestic Preparedness Grant from the State Homeland Security Grant Program in
the amount of $118,411.00 for equipment, maintenance of equipment, and training
courses related to Homeland Security.
8_I. AGREEMENT /PALM BEACH COMMUNITY COLLEGE: Approve
an agreement with Palm Beach Community College for the education and training of
students in the Paramedic and EMT programs.
8.J. RESOLUTION NO. 52 -08 /FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT)/JOINT PARTICIPATION AGREEMENT:
Approve Resolution No. 52 -08 authorizing execution of a Joint Participation Agreement
(JPA) with the Florida Department of Transportation (FDOT) for reimbursement of costs
for the installation of sidewalks along S.W. 29`h Street /S.W. 22nd Avenue and bus
shelters in various locations. (General Construction Fund/Other Improvement/S.W.
29,hSt -S.W. 22nd Ave Sidewalk).
The caption of Resolution No. 52 -08 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, APPROVING
THE JOINT PARTICIPATION AGREEMENT WITH
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THE FLORIDA DEPARTMENT OF
TRANSPORTATION FOR FUNDING OF THE
PURCHASE AND INSTALLATION OF BUS
SHELTERS AND CONSTRUCTION OF SIDEWALKS
AND AUTHORIZING THE EXECUTION OF THE
AGREEMENT.
(The official copy of Resolution No. 52 -08 is on file in the City Clerk's
office.)
8.K. HIGHWAY SAFETY FUNDS SUBGRANT AGREEMENT /STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT): Approve a
Highway Safety Funds Subgrant Agreement with the State of Florida Department of
Transportation (FDOT) for acceptance of a grant in the amount of $30,000.00 for the
Child Passenger Safety Program. This is a 100% reimbursable federal grant award that
does not require a local cash match.
8.L. SPECIAL EVENT REQUEST/HALLOWEEN PARADE: Approve a
special event request to allow the Annual Halloween Parade sponsored by the Noontime
Kiwanis Club to be held on October 25, 2008 from 1:30 p.m. until approximately 2:15
p.m., including temporary use permit per LDR Section 2.4.6(F) for the rolling closure of
Atlantic Avenue from N.E. 1St Avenue to Veterans Park, staff support for traffic control,
security, and barricading; contingent upon the receipt of a revised certificate of insurance.
8.M. SPECIAL EVENT REQUEST /22 "d ANNUAL TURKEY TROT:
Approve a special event request to allow the 22" Annual Turkey Trot to be held on
Saturday, November 22, 2008 from 5:00 a.m. until approximately 9:00 a.m., including a
temporary use permit per LDR Section 2.4.6(F) for the closure and use of A -1 -A from
Casuarina to George Bush Boulevard from 5:00 a.m. to approximately 10:00 a.m., and
authorize staff support for traffic control; barricade set -up /removal, trash removal and
clean up, use of half of small stage, and waiver of parking meter fees for Sandoway,
Ingraham, and Anchor Park as well as along Atlantic Avenue from Venetian to A -1 -A
from 7:00 a.m. until approximately 10:00 a.m.
8.N. SPECIAL EVENT REQUEST/HOLIDAY TREE LIGHTING /ART &
JAZZ ON THE AVENUE: Approve and endorse the Holiday Tree Lighting and Art &
Jazz on the Avenue scheduled for December 4, 2008 from 6:00 p.m. to 10:00 p.m.;
granting a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic
Avenue from Swinton Avenue to N.E. /S.E.. 7`h Avenue; to the alley north of Atlantic
Avenue on N.E. 1St Avenue, N.E. 2nd Avenue, Railroad Way, and N.E. 4th Avenue; from
Atlantic Avenue to the alley south on S.E. 1St Avenue, S.E. 2 "d Avenue and S.E. 4th
Avenue; and authorize staff support for security and traffic control, banner
hanging/removal, barricade set -up /removal, trash removal, clean up assistance, and
use /set up of the large City stage.
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8.0. SPECIAL EVENT REQUEST/HOLIDAY PAGEANT PARADE:
Approve a special event request to endorse the Annual Holiday Pageant Parade co-
sponsored by the Parks and Recreation Department and the Chamber of Commerce to be
held on December 13, 2008 beginning at approximately 6:00 p.m. to 9:00 p.m., granting a
temporary use permit per LDR Section 2.4.6(F) for the closure and use of Atlantic
Avenue from Gleason Street and Andrews Avenue to N.W. Is` Avenue for parade route;
Miramar, Lowery, Gleason and Andrews for parade set up from approximately 4:00 p.m.
to 6:00 p.m.; and authorize'staff support for traffic control and security, EMS assistance,
barricade set -up /removal, trash removal/clean up.
8.P. SPECIAL EVENT REQUEST /KIDS DAY AT THE TREE: Approve
and endorse Kids Day at the Tree scheduled for December 13, 2008 from 10:00 a.m. to
4:00 p.m.; granting a temporary use permit per LDR Section 2.4.6.(F) for the closure and
use of N.E. 1" Avenue from Atlantic Avenue to the alley north of Atlantic; and authorize
staff support for traffic control and security, barricade set -up /removal, trash
removal/clean up assistance and use of the City's portable generator; contingent on the
receipt of the Certificate of Liability Insurance and Hold Harmless Agreement.
80. SPECIAL EVENT REQUEST/HOWARD ALAN 20th
ANNIVERSARY DELRAY BEACH FESTIVAL OF THE ARTS: Approve a special
event request for the 20th Anniversary Delray Beach Festival of the Arts sponsored by
Howard Alan Events, Ltd. to be held on January 17 and 18, 2009 from 10:00 a.m. to 5:00
p.m., granting a temporary use permit per LDR Section 2.4.6(F) for use of City rights -of-
way on Atlantic Avenue from the east side of N.E. 6`h Avenue to Bronson and the
Gladiola lot (S.E. 6`h Avenue) for parking; authorize staff support for security and traffic
control, barricading, EMS assistance, and permit an event sign to be erected on Atlantic
Avenue just east of I -95 ten (10) days prior to the event with the sponsor paying all
overtime costs.
8.R. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.A.A.
8.S. AWARD OF BIDS AND CONTRACTS:
1. Contract award to The Signal Group, Inc. in the amount of
$329,299.54 for the construction of Trombone Mast Arm Signals
at the intersection of S.R. 806 W. Atlantic Avenue and S.W. 2nd
Avenue. Funding is available from 334 - 3162 -541 -68.58 (General
Construction Fund/Other Improvements /S.W. 2nd Avenue at
Atlantic Signalization).
2. Contract award to Chaz Equipment in the amount of $35,485.00
for the emergency repair of a sanitary sewer main along S.W. 7`h
Avenue, south of Atlantic Avenue. Funding is available from 442-
5178 -536 -63.51 (Water /Sewer Renewal and Replacement
Fund/Sewer Mains).
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3. Contract award to EIMCO Water Technologies in the amount of
$224,000.00 for rebuilding two (2) vacuum drum filter units at the
Water Treatment Plant as part of the Vacuum Drum Filter
Rehabilitation project. Funding is available from 442- 5178 -536-
68.54 (Water /Sewer Renewal and Replacement
Fund/Improvements Other/WTP- Vacuum Drum Filter Rehab).
4. Contract award to Technical Inspections, Inc. in the amount of
$28,447.00 for the emergency repair of sanitary Lift Station #56 -A,
located in the Hamlet Subdivision off of West Atlantic Avenue.
Funding is available from 442 - 5178 -536 -68.15 (Water /Sewer
Renewal and Replacement Fund/Improvements Other /Lift Station
Rehabilitation).
5. Contract award to Delta Petroleum and Industrial, Inc. in the
amount of $21,810.00 for upgrading the underground fuel piping at
the Police Department's fueling station. Funding is available from
334 - 2111 -521 -64.90 (General Construction Fund/Other
Machinery /Equipment).
Mr. Fetzer moved to approve the Consent Agenda as amended, seconded
by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer — Yes;
Mr. Bernard — Yes; Mayor Ellis — Yes; Mr. Eliopoulos — Yes. Said motion passed with a
4 to 0 vote.
At this point, Mayor Ellis thanked her helper Mr. Hopkins Kennemer from
St. Joseph's Episcopal School and stated it is always a pleasure whenever we have
children come through and get a taste of government. Mayor Ellis presented a going
away gift to Hopkins Kennemer from the City Commission.
9.A. REGULAR AGENDA:
9.A.A. ACCEPTANCE OF AN EASEMENT DEED /1145 EAST ATLANTIC
AVENUE: Approve and accept a three (3') foot sidewalk easement deed between the
City and the Marriott Residence Inn to allow installation of a sidewalk along Seabreeze
Avenue.
Commissioner Eliopoulos declared a conflict of interest and stepped down
from the dais.
Richard Hasko, Director of Environmental Services, stated this is a
pedestrian sidewalk easement that the City is accepting from the Marriott Residence Inn
of three feet which will accommodate the installation of a sidewalk along Seabreeze
Avenue.
Mr. Fetzer moved to approve the acceptance of the easement deed for
1145 East Atlantic Avenue (formerly Item 8.13.), seconded by Mr. Bernard. Upon roll
call the Commission voted as follows: Mr. Bernard — Yes; Mayor Ellis — Yes; Mr. Fetzer
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— Yes. Said motion passed with a 3 to 0 vote.
At this point, Commissioner Eliopoulos returned to the dais.
9.A.A.A. CONTRACT CLOSEOUT (C.O. NO. 2/FINAL) /THE WEITZ
COMPANY: Approve a Contract Closeout (Change Order No. 2/Final) in the amount of
$878,750.75 decrease and final payment in the amount of $62,878.81 to The Weitz
Company for completion of the Seacrest Soccer Complex. Funding is available from 380-
4150 -572 -63.49 (2004 G.O. Bond/Improvements Other /Soccer Complex).
Richard Hasko, Director of Environmental Services, stated this is for the
Seacrest Soccer Complex and explained this is for the final completion and contract
closeout. Mr. Hasko stated the original GMP is $2,999,723.00 and the final contract
value is $2,120,972.25 and the difference between these numbers is the combination of
the direct purchases the City made in the total value of $842,800.44 that were taken out
of Weitz's purchase order and a reduction of the residual owner contingency that the City
gets back. The second box subtracts the previous payments from the final contract value
to give the final payment.
Mr. Eliopoulos asked Mr. Hasko to go over Item #23 (Owners
Contingency). Mr. Hasko stated this is a contingency line item (similar to the Catalfumo
Contract for the Old School Square Garage) and this item is used as a piggy bank. He
stated as the contractor buys out the subcontracts and closes them out, any money that he
saves above and beyond what is in his contract in the GMP (Guaranteed Maximum Price)
for those line items goes into that account which increases it. Mr. Hasko stated any of
those buyout items that are in his contract for that line item or if the City or the client
asks for additional work to be done, that comes out of the piggy bank. He stated every
month there is either funding going in or funding coming out. The original budget for
that line item for this project was $83,210.00. Mr. Hasko stated they had a savings of
$42,266.00 so that contingency fund actually increased in terms of savings to the City to
$125,476.00. Mr. Hasko made reference to Schedule A and stated underneath each of the
categories there are items for additional scope and noted that there were different items of
scope that were requested by the City which totaled $89,525.69 and there is a net savings
of $35,950.31.
Mr. Eliopoulos stated the Commission has expressed concern before with
regard to CM at Risk. He stated the field came out great and the facility looks super. Mr.
Eliopoulos asked how Mr. Hasko would advise this Commission and future Commissions
about these projects and inquired if every situation different. Mr. Hasko stated CM at
Risk is not a panacea for every project but instead a CM at Risk works well for primarily
building projects and projects that have some complication to them that have a lot of
different systems requiring a lot of on -site coordination (i.e. Old School Square Garage,
the Courthouse, etc.). Mr. Eliopoulos stated down the road the City will be looking at the
Western Communities Center again so he would like to see how everyone would like to
approach this especially with the market and asked staff to give this some consideration
and asked if this was a CM at Risk. Mr. Hasko stated the Western Communities Center
was also a CM at Risk and noted that this is primarily a vertical project.
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Mr. Bernard made reference to Item #8 and stated on Schedule A under
the concession and restroom facility it states that the City saved $455,385.00 and inquired
where in Schedule A did these get moved to. Mr. Hasko stated the City did not actually
save this amount of money but clarified that this was a direct purchase. Mr. Hasko stated
this was actually a subcontract to the CM at Risk.
Mr. Fetzer stated he is glad that Commissioner Eliopoulos brought up this
issue about the CM at Risk contracts and when does it make sense for the City to do this.
Mr. Fetzer stated at one time there was a lot of movement towards doing most of the
City's projects like that. He stated from what he has seen and what experience is telling
us that it is not always the best thing to do. Mr. Fetzer stated he relied on Mr. Hasko and
staff to tell the Commission where it makes sense and not arbitrarily think that it is
always going to be the most economical way to go for the City.
Mayor Ellis stated the CM at Risk has been a learning experience and
commented that the City got a great soccer field out of this.
Mr. Hasko stated there can be cost savings with the CM at Risk but it
depends on what things costs in the construction industry at the time. The primary
benefit of the CM at Risk is the lack of labor intensity for the City and staff because there
is a Construction Manager out there with the staff on -site the entire time.
Mr. Eliopoulos moved to approve Item 9.A.A.A., seconded by Mr.
Bernard. Upon roll call the Commission voted as follows: Mayor Ellis — Yes; Mr.
Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Bernard — Yes. Said motion passed with a 4 to 0
vote.
9.A.A.A.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period September 15, 2008 through October 3, 2008.
Commissioner Eliopoulos declared a conflict of interest on Items
9.A.A.A.A.9.C. (Site Plan Review and Appearance Board) and the Historic Preservation
Board Item 9.A.A.A.A.9.2 and 9.A.A.A.A.9.3 and stepped down from the dais.
Mr. Fetzer moved to accept the above referenced items as part of the
report, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr.
Fetzer — Yes; Mr. Bernard — Yes; Mayor Ellis — Yes. Said motion passed with a 3 to 0
vote.
At this point, Commissioner Eliopoulos returned to the dais.
Commissioner Bernard declared a conflict of interest on the Planning and
Zoning Board Item 9.A.A.A.A, the third bullet point, and stepped down from the dais.
Mr. Fetzer moved to accept the Item that Commissioner Bernard has a
conflict on as part of the report, seconded by Mr. Eliopoulos. Upon roll call the
Commission voted as follows: Mr. Fetzer — Yes; Mayor Ellis — Yes; Mr. Eliopoulos —
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Yes. Said motion passed with a 3 to 0 vote.
At this point, Commissioner Bernard returned to the dais.
Mr. Eliopoulos moved to receive and file the remainder of the report,
seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Bernard -
Yes; Mayor Ellis — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer - Yes. Said motion passed
with a 4 to 0 vote.
9.A. WAIVER REQUEST /200 MARINE WAY: Consider a request to waive
Land Development Regulations (LDR) Section 4.5.1(E)(3)(a)(1.)(c.), "Appurtenances,"
to allow a fence (arbor) taller than four feet (4') to be located within the side street
setback for 200 Marine Way. (Quasi- Judicial Hearing)
Commissioner Eliopoulos declared a conflict of interest and stepped down
from the dais.
Mayor Ellis read into the record the City of Delray Beach procedures for a
Quasi - Judicial Hearing for this item and all subsequent Quasi - Judicial Hearings.
At this point, the City Attorney stated because there are only three
Commissioners present and it takes three votes to grant something here she asked if the
applicant for this waiver is present. The City Attorney stated seeing no one here she
advised the City Commission to move forward with this item.
Chevelle D. Nubin, 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. Bernard, Mayor Ellis and Commissioner Fetzer had no ex parte
communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2008 -219 and #2008 -220 into the record.
Mr. Dorling stated the waiver request is to LDR Section
4.5.1(E)(3)(a)(1)(c), which prohibits fences and walls over four feet to be located within
the front and side street setbacks. This application is requesting an arbor which measures
9 feet 3 inches in height approximately one foot from the side street setbacks.
At its meeting of September 17, 2008, the Historic Preservation Board
(HPB) considered the waiver request along with a Certificate of Appropriateness (COA)
for a development proposal which involved the relocation of a structure within the
existing property boundaries, partial demolition, construction of one and two -story
additions, installation of a new swimming pool, and additional site improvements. The
Board recommended approval of both the waiver and the COA with a vote of 7 to 0. Mr.
Dorling stated positive findings necessary with respect to LDR Section 2.4.7(B)(5) is
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made in the staff report. Staff recommends approval.
Mayor Ellis asked that 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.
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. Bernard moved to adopt the Board Order as presented (approving the
waiver request), seconded by Mr. Fetzer. Upon roll call the Commission voted as
follows: Mayor Ellis — Yes; Mr. Fetzer — Yes; Mr. Bernard — Yes. Said motion passed
with a 3 to 0 vote.
At this point, Commissioner Eliopoulos returned to the dais.
9.B. WAIVER REQUESTS/HOPE WALK FOUNDATION, LLC•
Consider a request for two (2) waivers to Land Development Regulations (LDR) Section
4.6.16(H)(3)(d), "New Multiple Family, Commercial and Industrial Development," to
reduce the landscape strip along the north and east property line from five (5') to three
(3') feet on the north property line, and approximately one (1') foot on the east property
line, adjacent to the railroad; and to Section 6.1.3(D)(1) to reduce the required driveway
width from 24' to 12' along the north property line and to at least 22' at the rear of the
property, perpendicular to the parking for the property located at 701 N.E. 3rd Avenue.
(Quasi- Judicial Hearing)
Chevelle D. Nubin, 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. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2008 -187 into the record.
Mr. Dorling stated this request is for two waivers. The first waiver is to
LDR Section 4.6.16(H)(3)(d) which requires landscape buffers between vehicular use
areas to be a minimum of five feet. This reduction would involve a reduction to three
feet in one location and one foot two inches in another. The second waiver is for LDR
Section 6.1.3(D)(1) which requires that a two -way driveway have a width of 24 feet. Mr.
Dorling stated that in this case there is a reduction to 12 feet and a reduction to 22 feet.
He stated this was considered along with the Certification of Appropriateness (COA) for
a conversion from single- family residence to office use.
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At its meeting of September 17, 2008, the Historic Preservation Board
(HPB) considered and approved a Certificate of Appropriateness (COA) and Class V Site
Plan Application for the conversion of a single - family residence to office use. The Board
considered the waiver requests concurrently with the COA and the Site Plan requests and
recommended approval of each waiver by a vote of 7 to 0.
Mr. Dorling stated positive findings are made to LDR Section 2.4.7(B)(5)
in the staff report and staff recommends approval.
Francisco Perez -Azua, President of Perez Design, Inc., 4205 West
Atlantic Avenue, Delray Beach (Architect for the project), stated he is present for any
questions the Commission may have.
Mayor Ellis stated if anyone from the public would like to speak in favor
or in opposition of the waiver requests, to please come forward at this time. There being
no one from the public who wished to address the Commission regarding the waiver
requests, the public hearing was closed.
There was no cross - examination or rebuttal.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Eliopoulos moved to adopt the Board Order (approving the waiver
requests) as presented, seconded by Mr. Bernard. Upon roll call the Commission voted
as follows: Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Bernard — Yes; Mayor Ellis —
Yes. Said motion passed with a 4 to 0 vote.
At this point, the time being 7:02 p.m. the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10.
PUBLIC HEARINGS:
10.A. APPEAL /SITE PLAN REVIEW AND APPEARANCE BOARD
ACTIONS/BOSTON'S RESTAURANT: Consideration of an appeal regarding the Site
Plan Review and Appearance Board's approval of a Class V Site Plan for a Hotel located
at 64 S. Ocean Boulevard. (BECAUSE OF THE COURT'S ORDER DATED JULY
11, 2006, THERE WILL BE NO PUBLIC COMMENT ON THIS ITEM. THIS ITEM
IS NOT A PUBLIC HEARING, BUT IT MUST BE HEARD PRIOR TO ITEM 10 -B)
Commissioner Eliopoulos declared a conflict of interest and stepped down
from the dais.
The City Attorney stated this is Boston's appeal of an action by the Site
Plan Review and Appearance Board (SPRAB) and there has been a request to continue
this item and it would take three votes to have any action.
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10/07/08
Michael Marshall, Siemon & Larsen, Boca Raton, representing Vista
Del Mar, stated he does not see any reason why this should be postponed because there
are only three voting members of the City Commission present.
Alan Ciklin, representing Boston's, stated this has been dragging along
since 2001 and another less than 30 days or couple of weeks is not going to make a whole
lot of difference. Mr. Ciklin stated the way this first came up was yesterday in a meeting
with Mr. McDuffie when he indicated that he was not feeling well and he thought he
would be here and also mentioned to Mr. Schmidt that he thought because of the volume
of the material that it was probably a good idea to postpone. Mr. Ciklin stated now that
Mr. McDuffie is apparently not feeling well enough to be here they think it is important
enough and it has been dragging on long enough that they would like to have at least four
members of the City Commission present to hear the appeal. Mr. Ciklin stated in fairness
he requested that this item be postponed to October 21, 2008.
The City Attorney asked the Commission to disclose their ex parte
communications. Mr. Bernard stated he had a meeting with Mike Marshall, Bob Currie,
David Schmidt and Tom McMurrian. Mayor Ellis stated she too spoke with Mike
Marshall, Bob Currie, David Schmidt and Tom McMurrian. Mr. Fetzer stated he too
spoke with Mike Marshall, Bob Currie, David Schmidt and Tom. McMurrian.
Mayor Ellis commented about the backup material that was provided to
City Commission Friday evening in order to vote on this item and stated she does not
want another suit to come through when they vote on this. Mayor Ellis stated the
Commission could not possibly have reviewed the material that was necessary in order
for them to vote on the Board Order that requires specifics that were pertaining to the
record from 2001. Mayor Ellis stated there is no way possible that she could get through
all of the material that was provided and would suspect that is the same for the other
Commissioners. She noted that Commissioner McDuffie felt this way as well. Mayor
Ellis stated she feels this item should be postponed and scheduled in its entirety for the
meeting of October 21, 2008.
Mr. Bernard asked if the Commission does move to postpone this item
would the Commission make a decision at the October 21, 2008 meeting. The City
Attorney stated the City Commission would have ample time to review the record and
they will hear the oral arguments of the lawyers and if the Commission is ready it would
be appropriate at that point to vote on the Board Order.
Mr. Fetzer stated this has dragged out a very long time and he understands
that staff, the City Commission and the parties involved would like to bring some closure
to this. He concurs with Mayor Ellis that the Commission has to be cautious with how
they proceed with this and have as many Commissioners here as possible to vote on this
item.
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10/07/08
Mr. Fetzer moved to postpone this item to October 21, 2008, seconded by
Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Fetzer — Yes; Mr.
Bernard — Yes; Mayor Ellis — Yes. Said motion passed with a 3 to 0 vote.
10.B. DEVELOPMENT AGREEMENT/VISTA DEL. MAR, L.L.C.:
Consider a development agreement with Vista Del Mar, L.L.C. and associated Class V
Site Plan for the property located at 64 South Ocean Boulevard.
The City Attorney stated this is the item dealing with the development
agreement and this involves what was to be a settlement of lawsuits and dealt with a site
plan that was a variation of the site plan. The City Attorney asked if Mr. Michael
Marshall has any problems with continuing this item. Or, the City Attorney stated staff
can open this up for a public hearing and noted that this item takes two public hearings.
The City Attorney stated there is an appeal pending and there has been some argument
presented that we should not be considering this at all with a pending appeal that might
also be appealed to the court. Mr. Marshall agreed to proceed with the schedule as
anticipated.
Mr. Bernard moved to continue the Development Agreement with Vista
Del Mar, L.L.C. to October 21, 2008, seconded by Mr. Fetzer. Upon roll call the
Commission voted as follows: Mr. Bernard — Yes; Mayor Ellis — Yes; Mr. Fetzer — Yes.
Said motion passed with a 3 to 0 vote.
10.C. WAIVER REQUEST /KITEBOARDING: Consider a request for waiver
of the requirements of Section 101.34, "Surfing, Scuba Diving and Jet Skis ", of the Code
of Ordinances of the City pertaining to prohibition of kiteboarding and other related uses
within 300 feet of the Municipal Beach and Section 101.25, Commercial Enterprises;
Sale or Rental of Goods or Services ", to allow such uses for a special event. (Quasi -
Judicial Hearing)
10.C.1. SPECIAL EVENT REQUEST/BEST OF THE BEST
KITEBOARDING COMPETITION: Approve a special event request to endorse the
Best of the Best Kiteboarding Competition sponsored by Best Kiteboarding to be held on
December 6, 2008 from 8:00 a.m. to 4:00 p.m. and December 7, 2008 from 9:00 a.m. to
2:30 p.m. on the municipal beach, granting a temporary use permit per LDR Section
2.4.6(F) for the use of the municipal beach and Anchor Park and to authorize staff
support for lifeguard assistance, EMS assistance, trash pick up and use of the small City
stage; and to consider a request to reserve the Anchor Park lot and allow the producer to
charge $5.00 per car; contingent upon receipt of a Certificate of Liability Insurance and
Hold Harmless Agreement ten (10) days prior to the event and receipt of a letter of
approval from the Seagate Club property owners.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony at this time.
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10/07/08
Mayor Ellis asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Robert A. Barcinski, Assistant City Manager, stated Commission is being
requested to consider a waiver, from of City Code Section 101.34 which prohibits
kiteboarding within three hundred (300) feet of the municipal beach and Section 101.25
which prohibits vendors selling goods or services on the municipal beach east of the west
curb line on A -1 -A to the beach. Mr. Barcinski stated Ms. Lia Feriancek (Event
Coordinator) has submitted a Special Event Permit Application to hold a kiteboarding
event on the municipal beach on December 6 -7, 2008. In order to hold this event as
proposed, the two code sections noted would need to be waived.
Lia Feriancek, speaking on behalf of BEST Kiteboarding (Applicant),
stated they would like to hold a kiteboarding event on Delray Beach on December 6 -7,
2008. In addition, with Lynn University she has a college course in Event Management
and this would be one of the events that they are putting together and having this event is
also going to be a collegiate tour stop because they have a kiteboarding club at their
university and they would like to represent their team in their home area where they go
kiteboarding. Ms. Feriancek stated they would also like the local community involved so
that they can promote their products and would like to see this become an annual event to
help promote tourism to the city. She stated they are working with the Colony Hotel and
other businesses along Atlantic Avenue to have the after event along with other sponsors
such as Red Bull, etc. to promote the safety of the sport. Ms. Feriancek stated
kiteboarding is currently the fastest growing water sport in the world. She stated they are
also going to be working with organizations promoting the environment and they are
going to do a beach cleanup as well.
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.
Tom Carney, aggrieved party speaking on behalf of the Seagate Beach
Club and the owners of the Seagate Beach Club and the owners of the Seagate
Residences, stated they intend to challenge the notice because they learned about this
through their insurance agent who faxed them a copy of the Agenda. Mr. Carney stated
the access that the Board is considering to this event is land owned by the Seagate Club
and feels that the Seagate Beach Club should have been informed prior to this activity
coming before the City Commission. He stated they have had no opportunity to review it
or to give any input as to how it could better be managed so that it does not affect their
business and other businesses in the neighborhood. Mr. Carney stated since Seagate did
not receive notice he suggested that this item be tabled until such time that they have the
opportunity to participate with those who are organizing the event to see how it affects
both the Seagate Residences and the Seagate Beach Club.
Mr. Wilson, owner of the Seagate Beach Club, stated they are very
much in favor of events which draw people to Delray Beach and they would probably be
a sponsor of an event such as this if it were held at the end of Atlantic Avenue and A -1 -A
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10/07/08
where he feels it should be held. He stated he is not opposed to the event but is opposed
to the access of the event without Seagate's permission and without being notified and
having the opportunity to discuss it with the event sponsors.
Albert Richwai!en, owner of Delray Beach Water Sport Rentals, stated
on staff's mapping of the layout it shows that the public beach ends directly in front of
the Seagate Beach Club. He stated this is incorrect and noted that the public beach ends
at the ramp. Mr. Richwagen stated where the event sponsor has shown where they are
going to set up the concessions, etc. that would literally block his business from renting
any hobbie cats or getting their equipment in and out of their rental stand. He stated this
would be a great event for the beach; however, agrees that it would be better a little
further down near where the volleyball tournaments are held. Mr. Richwagen stated
there is very little sand left at the beach due to the storms we have had and noted that you
have to have a certain amount of width to have an event like this. He suggested that this
event be held during off - season in the summer versus December. Mr. Richwagen stated
he did not receive notice of this.
There being no one else from the public who wished to address the
Commission regarding the waiver request, the public hearing was closed.
The following individuals gave a brief rebuttal:
Ms. Feriancek stated the map has been revised and she went to Delray
Water Sports and spoke with the person on staff as well as Eric Feld who is a lifeguard.
She stated kiteboarding is a sport that is wind driven so they cannot have the event in the
summer here because there are no winds. Ms. Feriancek stated they have backing from
the Palm Beach County Sports Commission who has contacted them about this event and
they recommended holding the event in December because they believed it would be a
better time to promote tourism rather than January, February or March which Ms.
Feriancek suggested because these are windier months for kiteboarding.
Mr. Barcinski stated that staff did not prepare the map and noted that this
was done by the event producer. Also, he stated that staff advised the event producer that
any event occurring other than on the public beach would need the private property
owners' okay before it could move forward.
Mr. Eliopoulos moved to continue Item 10.C. and Item 10.C.1. to the
Special/Workshop Meeting of October 14, 2008 as a special item at 7:00 p.m., seconded
by Mr. Bernard. Upon roll call the Commission voted as follows: Mayor Ellis — Yes;
Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Bernard — Yes. Said motion passed with a 4
to 0 vote.
10.D. ORDINANCE NO. 41 -08 (FIRST READING /FIRST PUBLIC
HEARING): City initiated amendment to the Land Development Regulations (LDR)
Section 2.4.3, "Submission Requirements ", Subsection 2.4.3(B), "Standard Plan Items"
and Subsection 2.4.3(M), "Credentials for Preparation of Certain Submission Items ";
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10/07/08
Amending Section 4.6.8, "Lighting ", to revise and clarify requirements for on -site
lighting. If passed, a second public hearing will be held on October 21, 2008.
The caption of Ordinance No. 41 -08 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SECTION 2.4.3, "SUBMISSION
REQUIREMENTS ", SUBSECTION 2.4.3 (B),
"STANDARD PLAN ITEMS" AND SUBSECTION
2.4.3(M), "CREDENTIALS FOR PREPARATION OF
CERTAIN SUBMISSION ITEMS "; AMENDING
SECTION 4.6.8, "LIGHTING ", TO REVISE AND
CLARIFY THE REQUIREMENTS' FOR ON -SITE
LIGHTING; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 41 -08 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Ellis declared the public hearing. There being no one from the
public who wished to address the Commission regarding Ordinance No. 41 -08, the public
hearing was closed.
Mr. Fetzer moved to approve Ordinance No. 41 -08 on FIRST
Reading/FIRST Public Hearing, seconded by Mr. Bernard. Upon roll call the
Commission voted as follows: Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Bernard —
Yes; Mayor Ellis — Yes. Said motion passed with a 4 to 0 vote.
At this point, the time being 7 :31 p.m. the Commission moved to Item 11,
Comments and Inquiries on Non - Agenda Items from the City Manager and• the
Public.
1 LA. City Manager's response to prior public comments and inquiries
The City Manager had no response to prior public comments and
inquiries.
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10/07/08
11. From the Public.
11.B.1. Michael Weiner, Weiner, Aronson & Mankoff, 10 S.E. 1" Avenue,
Delray Beach (representing Oceanside Beach Service, Inc.), commented on the
rejected bids for the cabana equipment and stated that the original bid process started in
June 2008 but because of one word in the general conditions that was different from the
2002 bid, all the bids were rejected. He stated the City did not give them the full
opportunity to explain what that bid term was all about. Mr. Weiner expressed concern
over the fairness to bidders and especially the fairness to the bidders Oceanside. He
stated as a result of the City's actions and unwillingness to listen to what they believe
were sound arguments they are showing lack of fairness. Mr. Weiner distributed a letter
from Stephanie Toothaker who represents the Boucher Brothers Delray Beach, LLC
(another bidder) to Mr. Tim Simmons of the Parks and Recreation Department. Mr.
Weiner stated this letter (dated September 10, 2008) shows that they continue to converse
with Parks and Recreation and that Ms. Toothaker is supplying sample bid packages to
the Parks and Recreation Department. Mr. Weiner stated this could be viewed as
favoring one bidder over another. Mr. Weiner stated the City should be more scrupulous
than ever in maintaining fairness. He stated one bidder will have a competitive
advantage being more familiar with the bid system than others. Mr. Weiner stated no bid
has been posted on the City's website to date considering what happened to this bid
which gave the City and other competitors the benefit of a bid opening and the disclosure
of'the bid amount the City should be more scrupulous than ever in maintaining fairness.
Mr. Weiner proposes a thorough examination of the entire bid process including a cone
of silence, full disclosure and a discussion of the substitute bid package with all the prior
bidders being able to equally and fairly comment on the content. He stated all bidders
should have the opportunity to comment and should see a draft of the bid package before
it is final and asked that the City initiate this process as quickly as possible.
At this point, the time being 7:33 p.m. the Commission moved to Item 12,
First Readings.
Commissioner Bernard declared a conflict of interest and stepped down
from the dais.
12. FIRST READINGS:
12.A. ORDINANCE NO. 46 -08: City initiated rezoning from RM (Residential
Medium Density) in part and OSR (Open Space Recreation) in part to CF (Community
Facilities) for a 3.64 acre parcel located on the south side of SW 6`h Street, west of
Auburn Avenue and east of Catherine Strong Park. If passed, a second public hearing will
be held on October 21, 2008.
The caption of Ordinance No. 46 -08 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
10/07/08
office.)
ZONED RM (MEDIUM DENSITY RESIDENTIAL) AND
OSR (OPEN SPACE AND RECREATION) DISTRICT
TO CF (COMMUNITY FACILITIES) DISTRICT; SAID
LAND BEING A PARCEL LOCATED ON THE SOUTH
SIDE OF SW 6TH STREET AND WEST OF AUBURN
AVENUE, 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. 46 -08 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated this is a City
initiated rezoning from RM ((Residential Medium Density) in part and OSR (Open Space
Recreation) in part to CF (Community Facility) for a 3.64 acre parcel located on the south
side of S.W. 6` Street, west of Auburn Avenue and east of Catherine Strong Park. The
subject property contains approximately 3.64 acres and is made up of Track `B" of the
Auburn Trace Subdivision (2.25 acres) and a portion of the adjacent Catherine Strong
Park property (1.39 acres). Mr. Dorling stated the portion of the park contains a parking
lot utilized for Catherine Strong Park and the portion previously owned by Auburn Trace
subdivision is a water retention area that was utilized to the adjacent Auburn Trace
Development. The proposed rezoning is being sought in order to accommodate
development of a future community facility to house the 19,000 square foot Head Start
building to be constructed by Palm Beach County.
At its meeting of September 15, 2008, the Planning and Zoning Board
held a public hearing in conjunction with the CF rezoning request and recommended
approval with a vote of 5 to 0 (Mr. Joseph Pike and Mr. John Miller absent). Staff
recommends approval.
Mr. Fetzer moved to approve Ordinance No. 46 -08 on FIRST Reading,
seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr.
Fetzer — Yes; Mayor Ellis — Yes; Mr. Eliopoulos — Yes. Said motion passed with a 3 to 0
vote.
At this point, Commissioner Bernard returned to the dais.
12.B. ORDINANCE NO. 47 -08: Approve Ordinance No. 47 -08 amending
Chapter 52, "Water" of the Code of Ordinances by enacting Section 52.06, "Prima Facie
Evidence of Violation of Section 52.05 ", and by amending Section 52.99, "Penalty ", to
clarify what will be considered evidence of tampering with a water meter and the penalty
that may be imposed. If passed, a public hearing will be scheduled for October 21, 2008.
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10/07/08
office.)
The caption of Ordinance No. 47 -08 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 52, "WATER" OF THE CODE
OF ORDINANCES BY ENACTING SECTION 52.06,
"PRIMA FACIE EVIDENCE OF VIOLATION OF
SECTION 52.05 ", AND BY AMENDING SECTION
52.99, "PENALTY ", TO CLARIFY WHAT WILL BE
CONSIDERED EVIDENCE OF TAMPERING WITH A
WATER METER AND THE PENALTY THAT MAY BE
IMPOSED; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 47 -08 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Brian Shutt, Assistant City Attorney, stated if there is an alteration to the
water meter then the evidence of that will be held against either the tenant or the property
owner of the property who is getting the benefit of the water service. Also, Mr. Shutt
stated a provision was added that matters like this can be subject to the Code
Enforcement Board or citation system.
Mayor Ellis asked if there is nothing in place at this time that this would
be considered a criminal activity. In response, Mr. Shutt stated if it meets a certain
standard or threshold of the criminal matter but the problem is trying to determine who
did this and actually getting the proof of who did this. Mr. Shutt stated what the City is
saying in the ordinance is that there is no jail time or criminal sanctions involved in that
and it is only a fine and this is the most that could possibly be imposed.
The City Attorney stated this gives the City another enforcement
mechanism for having an ordinance violation.
Mr. Bernard stated on August 12, 2008, there was a presentation by
Municipal Solutions which indicated that the City of Delray Beach had a lot of
unaccounted water and the City is still waiting on a report to see what happened to the
unaccounted water. He stated he is in favor of this ordinance; however, he would like to
see the report so that we know exactly why the City has this unaccounted water. Mr.
Bernard stated if someone has a violation then they can rebut it but at the same time he
would like to make sure that the City has studied its own policies to making sure that we
know exactly what is going with the water system so that the City can protect its citizens
as well.
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10/07/08
Mr. Hasko stated staff is in the process of reviewing scopes of services for
a couple of different firms in the water industry to provide auditing services for the City.
He stated there is auditing of the accounting/billing process, physical field leak detection,
testing the large meters and a sampling of the residential meters for accuracy, etc. Mr.
Hasko stated there is a whole menu of things that staff needs to look at the information in
the database and prioritize where we need to start first. Staff hopes to come before the
Commission soon with a proposal for a firm to do that for the City.
Mr. Eliopoulos stated he respects Commissioner Bernard's concern;
however, he is looking at this as a separate mechanism for someone who is actually
tampering with the water.
Mr. Bernard expressed concern over the penalty portion of the ordinance.
The City Attorney explained that this is a standard municipal ordinance penalty but staff
has also added code enforcement penalty availability which is under Chapter 37
(reference on page two of the ordinance). The City Attorney stated this is looking at
what the City has in place and trying to make it better.
Mr. Eliopoulos moved to approve Ordinance No. 47 -08 on FIRST
Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr.
Bernard — No; Mayor Ellis — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes. Said motion
passed with a 3 to 1 vote, Commissioner Bernard dissenting.
At this point, the time being 7:44 p.m. the Commission moved back to
Item 9.C. of the Regular Agenda.
9.C. CONDITIONAL USE EXTENSION REQUEST/EBENEZER
WESLEYAN METHODIST CHURCH: Consider a request to extend the conditional
use for construction of a new 6,575 sq. ft sanctuary, at the northwest corner of S.W. 6th
Avenue and S.W. 2 "d Street and an off -site parking lot at the northeast corner of S.W. 6"
Avenue and S.W. 2 "d Street for Ebenezer Wesleyan Methodist Church. (Quasi- Judicial
Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
address the Commission.
Mayor Ellis asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2005 -100 into the record.
Mr. Dorling stated the conditional use extension for construction of a new
6,575 square foot sanctuary at the northwest corner of S.W. 6th Avenue and S.W. 2nd
Street and an off -site parking lot at the northeast corner of that intersection. The current
facility is located at the southeast corner of S.W. 6th Avenue and S.W. 2nd Street and
seeks to construct a new facility.
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10/07/08
At its meeting of May 3, 2005, the City Commission approved a
conditional use request for a new church facility with the attendant off -site parking lot.
The Site Plan approval was granted by the Site Plan Review and Appearance Board on
October 11, 2006. Mr. Dorling stated there was a previous extension request that was
granted and approved by the City Commission on May 1, 2007 that would run through
November 3, 2008. He stated this is the second conditional use request for this facility
and it is under LDR Section 2.4.4(5)(3) which is a section that "No Construction Has
Commenced ". Mr. Dorling stated there are no changes that would affect this project so
this could be approved with the original conditions. The applicant has submitted the
inability to get a construction loan and there is a decrease of contributions at the church
that has made the building at this facility unattainable at this time. The applicant is
requesting a 24 -month extension which would give them a valid conditional use through
November 3, 2010. He stated if the applicant is successful in doing that they will go to
the Site Plan Review and Appearance Board (SPRAB) to expand or extend the site plan
similarly for that 24 -month period. Staff recommends approval of the conditional use
request.
"Bob" Howard, Sr., Ebenezer Wesleyan Methodist
Church, 201 S.W. 6 'h Avenue, Delray Beach, (Applicant), stated they were unable to
obtain monies to start construction but they are hoping to obtain the necessary financing
to erect this facility on the proposed site.
Mayor Ellis 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 being no one
from the public who wished to address the Commission, the public hearing was closed.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Eliopoulos moved to adopt the Board Order as presented (approving a
24 -month extension valid until November 3, 2010), seconded by Mr. Bernard. Upon roll
call the Commission voted as follows: Mayor Ellis — Yes; Mr. Eliopoulos — Yes; Mr.
Fetzer — Yes; Mr. Bernard — Yes. Said motion passed with a 4 to 0 vote.
9.D. RESOLUTION NO. 51 -08 (RESOLUTION OF NECESSITY
OSCEOLA PARKVOSCEOLA PARK SPECIAL ASSESSMENT DISTRICT:
Consider approval of a resolution declaring the necessity for public improvements for the
Osceola Park neighborhoods, and directing the establishment of a special assessment
district to defray a part of the expense for such improvements.
The caption of Resolution No. 51 -08 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, DECLARING
THE NECESSITY FOR PUBLIC IMPROVEMENTS FOR
THE OSCEOLA PARK NEIGHBORHOOD AS SHOWN
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10/07/08
ON EXHIBIT "A ", AND DIRECTING THE
ESTABLISHMENT OF A SPECIAL ASSESSMENT
DISTRICT TO DEFRAY A PART OF THE EXPENSE
FOR THE PUBLIC IMPROVEMENTS TO THE
OSCEOLA PARK NEIGHBORHOOD; PROVIDING
FOR THE ESTIMATED COST OF THE
IMPROVEMENTS; PROVIDING FOR THE
PREPARATION OF THE ASSESSMENT ROLL.
(The official copy of Resolution No. 51 -08 is on file in the City Clerk's
office.)
Brian Shutt, Assistant City Attorney, stated this resolution starts the
process for setting up the special assessment district for the Osceola Park Neighborhood.
The beautification that will take place in the neighborhood is from S.E. 2nd Avenue to
S.E. 10th Street and S.E. 5th Avenue to Swinton Avenue/FEC Railroad. Mr. Shutt stated
the City will be installing the traffic calming, sidewalks, alleys, parking and swales which
will be part of the assessable improvements which total approximately $2.65 million.
Mr. Shutt stated that cost will be split evenly between the City, the Community
Redevelopment Agency (CRA) and the property owners. He stated there is
approximately $2 million that the City will be putting in the neighborhood itself that is
non - assessable to provide for water main upgrades, drainage improvements, and street
resurfacing. Mr. Shutt stated if the City Commission passes this resolution this evening
then staff will advertise and come back on October 21, 2008 with another resolution
setting the public hearing for the adoption of the preliminary assessment roll which staff
will schedule for the second City Commission Meeting on December 9, 2008.
Mr. Eliopoulos asked what each household will be assessed. Mr. Shutt
stated property owners will be looking at $1,500.00- $2,000.00 for an assessment.
Mr. Hasko stated this is a two phase project and is funded over this year
and next year and by the time construction is completed and being in a position to enforce
the assessments will be approximately three years from now.
Mr. Fetzer asked about the results of the survey in the Osceola Park area
and whether they support the project or not. In response, Mrs. Butler stated staff received
about a 70% approval rate and noted that the survey went out to all property owners.
Mr. Fetzer moved to approve Resolution No. 51 -08, seconded by Mr.
Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos — Yes; Mr.
Fetzer — Yes; Mr. Bernard — Yes; Mayor Ellis — Yes. Said motion passed with a 4 to 0
vote.
9.E. SCULPTURE NAME SELECTION/KNOWLES PARK
SCULPTURE PROJECT: Consider approval of a name for John Clement's Sculpture
at Knowles Park from the two final selections chosen from the Public Art Advisory
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10/07/08
Board's naming contest.
Richard Hasko, Director of Environmental Services, stated the Public Art
Advisory Board has gone through a process of naming the John Clement's Sculpture at
Knowles Park.
Rich McGloin, Public Art Advisory Board, stated names were placed on
the City's website and there were votes. The Board approved the top two votes (1)
Ocean Curl or (2) Knowles Knots.
Mayor Ellis asked why the Public Art Advisory Board felt this sculpture
needed a name. Mr. McGloin stated this is a prominent entrance to the City and to get
the City more involved because of the controversy of the piece itself it was decided that
the sculpture should be named as well.
Prior to the vote, Commissioner Fetzer stated he does not support naming
this sculpture.
Mr. Bernard moved to approve _the name "Knowles Knots" for the John
Clement's sculpture at Knowles Park, seconded by Mr. Eliopoulos. Upon roll call the
Commission voted as follows: Mr. Fetzer — No; Mr. Bernard — Yes; Mayor Ellis — Yes;
Mr. Eliopoulos — Yes. Said motion passed with a 3 to 1 vote, Commissioner Fetzer
dissenting.
9.F. REOUEST ATTORNEY GENERAL'S OPINION /DELRAY BEACH
COMMUNITY LAND TRUST (CLT): Consider a request to seek an Attorney
General's Opinion as to whether the Sunshine Law and Public Records Law would apply
to the Delray Beach Community Land Trust (CLT).
The City Attorney stated there has been a request received by David
Schmidt, Attorney with the Delray Beach Community Land Trust ( DBCLT) requesting
that the City agree to obtain an Attorney General's opinion as to whether the DBCLT
must operate under the Sunshine Laws as an agency of government. The City Attorney
stated the Attorney General requires cities to obtain these requests.
Mr. Eliopoulos moved to approve the request to seek an Attorney's
Opinion as to whether the Sunshine Law and Public Records Law would apply to the
Delray Beach Community Land Trust (CLT), seconded by Mr. Bernard. Upon roll call
the Commission voted as follows: Mr. Bernard — Yes; Mayor Ellis — Yes; Mr.
Eliopoulos — Yes; Mr. Fetzer — Yes. Said motion passed with a 4 to 0 vote.
9.G. CONTRACT AWARD /O.T. SERVICES INC.: Consider a contract
award to O.T. Services Inc., second low bidder, for annual custodial services and other
requested janitorial services for City buildings in the amount of $118,116.00 per year for
Group A services and prices as submitted for Group B through D services. Funding is
available from various departmental operating budgets for FY 2008/2009.
The City Manager suggested that this item be tabled to October 21, 2008.
-24-
10/07/08
Mr. Eliopoulos moved to table to October 21, 2008, seconded by Mr.
Fetzer. Upon roll Commission voted as follows: Mayor Ellis — Yes; Mr. Eliopoulos —
Yes; Mr. Fetzer — Yes; Mr. Bernard — Yes. Said motion passed with a 4 to 0 vote.
9.H. SETTLEMENT OFFER IN CHARLES AND NORMA POWELL v.
CITY OF DELRAY BEACH: Consider Settlement Offers in Charles and Norma
Powell v. City of Delray Beach.
The City Attorney stated the City received a settlement offer in Charles
and Norma Powell v. City of Delray Beach. The settlement offer is for $222,735.53 and
staff suggests a counter offer should the Commission not want to approve the settlement
offer as requested. Staff recommends approval of a settlement counter offer where the
City would pave. the alleyway adjacent to Mr. Powell's . property and pay Mr. Powell
$5,000.00 towards any expenses that he may have incurred in these two cases.
Mr. Eliopoulos moved to approve the Settlement Offer in Charles and
Norma Powell v. City of Delray Beach for the amount of $222,735.53, seconded by Mr.
Fetzer. Upon roll call the Commission voted as follows: Mr. Eliopoulos — No; Mr.
Fetzer — No; Mr. Bernard — No; Mayor Ellis — No. Said motion to approve the
Settlement Offer was DENIED with a 4 to 0 vote.
Mr. Eliopoulos stated moved to approve the City Attorney's
recommendations (1) that the City will pave the alleyway adjacent to the Plaintiffs'
property at the City's cost; and (2) the City will pay an amount of $5,000.00 to cover
some of the Plaintiffs' court costs, seconded by Mr. Bernard. Upon roll call the
Commission voted as follows: Mr. Fetzer — Yes; Mr. Bernard — Yes; Mayor Ellis — Yes;
Mr. Eliopoulos — Yes. Said motion passed with a 4 to 0 vote.
9_I. MOTION TO RESCIND WAIVER REQUEST FOR ST GEORGE
SUITES ORDER: Consider a Motion to Rescind the Waiver Request for St. George
Suites Order dated September 3, 2008.
Commissioner Eliopoulos stated he made this request and stated he did
receive a call from Mr. Brewer stating that he felt that he was not properly informed;
however, staff feels Mr. Brewer was informed of the situation. Mr. Brewer also felt that
there were some other circumstances that needed to be brought to the City's attention and
Mr. Eliopoulos stated he informed him that it would require a vote of 4 to 0 in order for
the Commission to consider this at a later meeting.
Mr. Bernard moved to rescind the waiver request for St. George Suites
Order, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows:
Mr. Bernard — No; Mayor Ellis — No; Mr. Eliopoulos — Yes; Mr. Fetzer — No. Said
motion to rescind the waiver request was DENIED with a 3 to 1 vote.
-25-
10/07/08
ENT: Appoint
9.J. APPOINTMENT TO THE BOARD OF ADJUSTM
one (1) alternate member to the Board of Adjustment to serve an unexpired term ending
on 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 Bryce Newell as an alternate
member to the Board of Adjustment to serve an unexpired term ending on August 31,
2009. Mr. Eliopoulos so moved, seconded by Mr. Bernard. Upon roll call the
Commission voted as follows: Mayor Ellis — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer —
Yes; Mr. Bernard — Yes. Said motion passed with a 4 to 0 vote.
9.K. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY
COUNCIL: Appoint three (3) regular members (one member each for Zones 1, 5, & 6)
and an At Large Representative to the Neighborhood Advisory Council for three (3) year
terms ending July 31, 2011. Based upon the rotation system, the appointments will be
made by Mayor Ellis (Seat #5) Commissioner Eliopoulos (Seat #1), Commissioner Fetzer
(Seat #2) and Commissioner McDuffie (Seat #3).
Mayor Ellis stated she wished to reappoint Patricia Westall (At Large
Representative) as a regular member to the Neighborhood Advisory Council for a three
(3) year term ending July 31, 2011. Mr. Fetzer so moved, seconded by Mr. Bernard.
Upon roll call the Commission voted as follows: Mr. Eliopoulos — Yes; Mr. Fetzer —
Yes; Mr. Bernard — Yes; Mayor Ellis — Yes. Said motion passed with a 4 to 0 vote.
Mr. Eliopoulos moved to reappoint Gail -Lee McDermott (Zone 5) as a
regular member to the Neighborhood Advisory Council for a three (3) year term ending
July 31, 2011, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows:
Mr. Fetzer — Yes; Mr. Bernard — Yes; Mayor Ellis — Yes; Mr. Eliopoulos — Yes. Said
motion passed with a 4 to 0 vote.
Mr. Fetzer moved to reappoint Linda Prior (Zone 6) as a regular member
to the Neighborhood Advisory Council for a three (3) year term ending July 31, 2011,
seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr.
Bernard — Yes; Mayor Ellis — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes. Said motion
passed with a 4 to 0 vote.
Mr. McDuffie's appointment (Zone 1) will be deferred to the regular
meeting of October 21, 2008.
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 Manager
-26-
10/07/08
The City Manager stated he appreciates the opportunity to attend the City
Manager's Convention in Richmond, Virginia. He stated that there were a lot of good
sessions and good ideas and he received some material on developing a wellness
program. He forwarded the information to the Human Resources Department.
Secondly, the City Manager commented about Mrs. West celebrating her
100`" birthday. He stated this reminded him of a presentation on aging and the oldest
person to run a marathon was a 101 year old Englishman taking him nine hours to
complete.
U.B. City Attorney
The City Attorney had no comments and inquiries on non - agenda items.
13.C. City Commission
13.C.1. Mr. Fetzer
Mr. Fetzer stated he attended a Habitat for Humanity fundraiser last night
and noted they are doing some great things and are really working to help the community
with affordable housing.
13.C.2. Mr. Eliopoulos
Mr. Eliopoulos stated he received an email with regards to former
Commissioner Jon Levinson stepping down from the Community Land Trust (CLT) and
thanked him for all the time he put into this effort.
Secondly, he commented on the Delray Leadership and noted there was a
very large group which was very encouraging.
Lastly, Mr. Eliopoulos stated he attended the Delray Beach Chamber Gala
last week and had a great time. He stated the City Manager received an award for the
City of Delray Beach for two projects those being the Environmental Services building
and the Old School Square Parking Garage.
13.C.3. Mayor Ellis
Mayor Ellis stated she too attended the Delray Beach Chamber Gala and
commented that we have some really savvy business people who get recognized along
with the community service awards.
-27-
10/07/08
13.C.4. Mr. Bernard
Mr. Bernard stated he is sorry he missed the Delray Beach Chamber Gala
because he was in Haiti during that time. He stated the group of people who did go with
him to Haiti felt that they made a difference.
Secondly, Mr. ' Bernard stated he would like to see us get an early voting
site in Delray Beach and although the City made a lot of efforts they were not successful.
Mr. Bernard stated he is disappointed that the City of Boynton Beach and the City of
Boca Raton was able to get an early voting site but Delray Beach could not. He stated
one of the reasons Delray Beach could not obtain an early voting site is because the
library would like to charge the Supervisor of Elections $500.00 per day to have a voting
site there. Mr. Bernard stated he believes that if the citizens of Delray Beach desire to
have an early voting site in Delray Beach and with the City of Delray Beach and the
Community Redevelopment Agency (CRA) contributing approximately $1.7 million to
the Delray Beach Library that it would be possible. Although they are a separate non-
profit organization, he feels the Delray Beach Library should be accommodating in terms
of trying to get an early voting site for the citizens of Delray Beach.
Brief discussion between the City Manager and the City Attorney
followed.
The City Manager stated there are local delegation hearings coming up
and the City will have the opportunity to file bills to expand the types of locations where
the City can have early voting.
After brief discussion, it was the consensus of the Commission to pursue
this issue with the Supervisor of the Elections and the Delray Beach Library Board for
future elections since it is now past the deadline for this election cycle.
There being no further business, Mayor Ellis declared the meeting
adjourned at 8:25 p.m.
ATTEST:
r-� �� (F&,
MAYOR
City Clerk
-28-
10/07/08
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 October 7, 2008, which Minutes were formally approved and adopted by the City
Commission on October 21, 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.
-29-
10/07/08
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR 200 MARINE WAY PROPERTY
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. The action requested is a waiver from the LDR section that prohibits
fences and walls over 4' to be located within front or side street setbacks. This item has
come before the City Commission on October 7, 2008.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request from the property
owner of 200 Marine Way. All of the evidence is a part of the record in this case.
Required findings are made in accordance with Subsection I.
I. WAIVER:
LDR Section 4.5.1(E)(3)(a)(1)(c), provides that fences and walls over four feet (4') shall
not be allowed in front or side street setbacks. Therefore, the waiver is required as the
proposed arbor is located within the side street setback and measures approximately
9'3" in height. The applicant has requested a waiver from this section for the north
elevation of the property.
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body
shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; 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.
Does the waiver request to Section 4.5.1(E)(3)(a)(1)(c) to allow the arbor, at a height of
9'3 ", in the side street setback, meet all the requirements of 2.4.7(B)(5)?
Yes 3 No 0
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original development application was
1
I-fvvv 0. A . i b l i (08
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 X
denies the waiver request to LDR Section 4.5.1(E)(3)(a)(1)(c).
6. Based on the entire record before it, the City Commission hereby adopts
this Order this Ph day of October, 2008, by a vote of 3 in favor and 0 opposed.
4
ATTEST: Rita Ellis, Mayor
%.�' - %. `
Chevelle Nubin, City_ Clerk
2
2008.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY'OF DELRAY BEACH, FLORIDA
REGARDING WAIVERS FOR THE
HOPE WALK FOUNDATION LLC, 701 NE 3RD AVENUE
1. These waiver requests came before the City Commission on October 7,
2.. The City staff, applicant, and other persons have presented documentary
evidence and testimony to the City Commission pertaining to the waiver requests for
701 NE 3`d Avenue. All of the evidence is part of the record in this case.
3. Waivers: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver,
the approving body shall make a finding that the granting of the waiver:
4
(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.
4. Minimum Width of Driveways: Pursuant to Section 6.1.4(c)(1), a two -way
driveway shall normally have a width of twenty-four feet (24'). - In instances where there
are no points of conflict in the immediate vicinity of the driveway and the internal
circulation system, the width maybe approved at a minimum width of twenty feet (20').
One -way points of ingress and egress shall have a width of twelve feet (12').
Should the waiver be granted to allow a reduction in the required driveway
width from 24' to 12' along the north property line and to at least 22' at the rear of
the property?
Yes 4 No 0
5. Perimeter. Landscape Requirements: Pursuant to Section 4.6.16(H)(3)(d),
a landscaped barrier shall be provided between the off - street parking area or other
vehicular use area and abutting properties. The landscape barrier may be two (2) feet
at the time of planting and achieve and be maintained at not less than three (3) nor
`L+W R ,,6 , I oil Q8
greater than six (6) feet in height to form a continuous screen between the off - street
parking area or vehicular use area and such abutting property. This landscape. barrier
shall be located between the common lot line and the off - street parking area or other
vehicular use area in a planting strip of not less than five (5) feet in width. Duplexes
may be permitted to reduce the perimeter planting strip to two and one -half (2' /z) feet in
width in cases where lot frontage is less than fifty -five (55) feet. In addition, one (1) tree
shall be provided for every thirty (30) linear feet of such landscaped barrier or fraction
thereof.
Should the waiver be granted to allow a reduction in the required
landscape strip along the north and east property line from 5' to 3' on the north
property line and approximately V on the east property line, adjacent to the
railroad?
Yes 4 No 0
6. 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 policies, goals, and
objectives of the Comprehensive Plan.
7. 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 which supports the findings set forth in this Order.
8. Based on the entire record before it, the City Commission approves
X denies the waiver requests set forth herein and hereby adopts this Order
this 7th day of October, 2008, by a vote of A_.in-favor and 0 opposed.
Rita EI AsMa�yor
ATTEST:
Chevelle Nubin
City Clerk
2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
EXTENSION REQUEST FOR CONDITIONAL USE APPROVALS GRANTED TO
EBENEZER WESLEYAN METHODIST CHURCH
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. The above named conditional use extension request has come before the
City Commission on October 7th, 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
Ebenezer Wesleyan Methodist Church. 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)(3)•
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)(3) the Commission shall
consider the following:
(a) The project shall be evaluated pursuant to the land development regulations in
effect at the time of consideration of the extension request and shall comply with such
current requirements;
UtO R 4 . C' • 1C) t 110&
0 r
(b) Additional submittal information including a new application and copies of previously
submittal material may be required;
(c) The granting body must make findings pursuant to 2.4.4(B);
(d) The granting body may impose additional conditions of approval pursuant to
2.4.4(C) to insure compliance with any applicable changes to regulations or changes in
circumstances which have occurred since the previous approval.
Have the requirements of Section 2.4.4(F)(3) been met?
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 LDR requirements in existence at
the time the conditional use extension request was submitted.
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.
9. 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, including the previous conditions of approval, to be valid until November 3,
2010. The City Commission hereby adopts this Order this 7th day of October, 2008, by a
vote of 4 in favor and 0 opposed-
Rita Ellis, Mayor
A EST:
Chevelle Nubin
City Clerk
2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
r NAME - -FIRST NAME-- MIDOLE NAME �NgM�of BOARO, �NCJ1_ COMMISSION, AUTHORITY, OR COMMITTEE
, \��n Iw C t __Qi ..
DATE ON wHIGA VOTE
V 1
OARDF. COUNCIL, COMMISSION, AUTHORITY OR COMMITT E ON
i 1 SERVE IS A UNIT OR
r ❑ COUNTY O OTHER LOCAL AGENCY
OF POLITJCALSUBnMt,nnr r,
MY POSITION IS:
WHO MUST FILE FORM 813
ELECTIVE O APPOINTIVE
This form is for use by any person serving:at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority,.or committee..lt 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 gre
on whether you hold an elective or appointive position... For this reason, please pay d ally depending
close attention to the instructions on this form before
completing the reverse side and filing the form. '
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, of, other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on .a mea-
�ure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
arent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
1 the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357. F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting.in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law,
mother -in -law, son -in -law, and daughter -in -law. A "business associate' means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS: f
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
" YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
KEN:
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 sirlP)
CE FORM 88 - EFF. 1/2000 _
,� PAGE 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 form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the #orn -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
hereby disclose that on CS� ` - 20
(a) A measure came or will come before my agency which (check one)
_ inured to my special pmate gain or loss;
inured to.ahe.spe 'at gain or loss of, my business associate,
inured to the special gain or loss of my relative,
inured to the special gain or loss
whom I am retained; or
inured to the special gaini or loss of
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows;
\ - a00$
Date Filed
Signature
by
which
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. 112000 PAGE 2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
r NAME- FIRST NAME --- MIDDLE NAME RAME,OF 8 ARO. COUNCI\ COMMISSION, AUTHORITY, OR COMMITTEE
THE ZOAI. COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
J `L 1 SERVE IS A UNIT OF.
1 n\) 1 ❑ OTHER LOCAL AGENCY
/ t )A, ��% l[�` 011 � riF {�A� ITH'.Af�C11�Rf1MCNln� • I _
DA T, ^v CURREO -
\•- `\ MY POSITION
O ELECTIVE
WHO MUST FILE FORM 813
This form is for use by any person serving at the county, city, or other local level of government on an appointed Or eleded board, council,
commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, op other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
arent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
i the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
.63.357. F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law,
mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting-, and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
'� YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
WEN.-
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 sirial
CE FORM 88 - EFF. 1/2000 � , � � � � �^
PAGE
�0 3 1
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your, conflict in the measure before participating.
• You must complete the form, and file it within 15 days after Vie 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
hereby disdose that on 20
( measure came or will come before my agency which (check one)
inured to my special private gain or loss;
, lured to. the special gain or loss of my business associate,
inured to the special gain or loss of my relative, ;
inured to the special gain or loss of by
whom I am retained; or
inured to the special gain: or loss of which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
�0 -oo
Date Filed
Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 8B - EFF. 1/2000 PAGE 2
WHO MUST FILE FORM 86
This form is for use by any person serving at the, county, city, or other local level of government on an appointed `or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position.., For this reason, _please pay close. attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or, other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting.on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
arent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
r the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
.83.357. F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative- includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law,
mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
kKEN:
You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 813 - EFF. 1/2000 <e • � � L '
, - � �
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE_MEETING:
• You must disclose orally the nature of your conflict in the measure before participating_
• You must complete the form and file it within' 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the forth must be provided immediately to the other members of the
agency, and the forth must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
`
hereby disclose that on \
20 V O
(a) A measure came or will come before my agency which (check one)
_ inured to my special private gain or loss;
inured _to. the special gain or loss of my business associate,
inured to the special gain or loss of my relative,
;
_ inured to the special gain or loss of
by
whom I am retained; or
inured to the special gai6orloss of
which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
V
Date Filed
La2 2
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. 1/2000 PAGE 2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
r NAME —FIRST NAME— MlOppLE NAME NAME OF BiKRO COUNCIL, COMMISSION: AUTHORITY OR COMMfTTEE
THE BOARO►COUNCIL. COMMISSION, AUTHORITY OR COMMnTEE ON
I SERVE IS A UNIT OF.
TY COU O COUNTY O OTHER LOCAL AGENCY
DATE ON NMI OTE 0QCURREO
�� MY POSITION
ELECTIVE O APPOINTIVE
WHO MUST FILE FORM 813
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non- advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure_ in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position.. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA. STATUTES
A person holding elective or appointive county, municipal, or, other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
iure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
-anent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
,63.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law,
mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, Coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS: f r
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS: t f
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters_ However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
AKEN:
You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 813 - EFF. 1/2000 �( l\
PAGE I
APPOINTED OFFICERS (continued)
A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
You must disclose orally the nature of your conflict in the measure before participating.
You must complete the form: and-file it.within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
hereby disclose that on 20
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
7� inured to. the special gain or loss of my business associate. C.
inured to the special gain or loss of my relative, ;
inured to the special gain or loss of by
whom 1 am retained; or
inured to the special gain or loss of which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure. is as follows:
\() - - �\
Date Filed
Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY; REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 8B - EFF. 1/2000 PAGE 2
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
T NAME—FIRST NAME--MIDDLE NAME
NMKOf BOARD COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
a o
ING RE�� THE BOARD, C NCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
CH I SERVE IS A UNIT OF:
�TM CnY C1 COUNTY 11 OTHER LOCAL AGENCY
33 a ELF
GATE ON VYH VOTE OCCUR ED `
O MY POSITIO S:
ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 813
This form.is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non- advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this. reason, please pay 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, municipal, OP other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
arent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
i the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357. F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law,
mother - in-law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose, the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
'r YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
KEN:
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 cwipl
CE FORM 88 - EFF. 1/2000 `
PAGE 1
APPOINTED OFFICERS (continued)
A copy of the form must be provided immediately to the other members of the agency.
The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING-_
You must disclose orally the nature of your conflict in the measure before participating.
You must complete the form and file it within 45 days after the- vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the forth in the minutes. A copy of the forth must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, 5 hereby disclose that on O 20 M:
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
inured to. the special gain or loss of my business associate,: \S_:
inured to the special gain or loss of my relative, :
inured to the special gain or loss of by
whom I am retained; or
inured to thespecial gain or loss of. which
is the parent.organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
Date Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317. A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 8B - EFF. 112000 PAGE 2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
OF 80 COUNCILeCOMMISSION, AUTHORITY, OR COMMI TEE
UULING ADDRESS
7 THE SOARD.VWNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
I SERVE IS A UNIT OF:
TM 2 jC TY CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY
0 ION:
DATE O`N^ 1 TE OCCURRED Pouz
W � MY PO
ELECTIVE 0 APPo1NTIVE
WHO MUST FILE FORM 86
This form is for use by any person serving at the,county, city, or other local level of government on an appointed'or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non- advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether.Y4u. hold an elective or appointive position: For this reason, please pay close attention to the instructions on this fort before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or, other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on. a mea-
°ure which inures to the special gain or loss of a principal (other than a government agency) by whom he or sheds retained (including the
arent organization or subsidiary of a corporate principal by which he or'she is retained); to the special private gain or loss of a relative; or
the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law,
mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business
entetprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
" YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEET
WEN: ING AT WHICH THE VOTE WILL BE
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 oth,,r chin)
CE FORM 88 - EFF. 12000 \
`�� PAGE 1
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form' and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST o
I, hereby disclose that on 20 �8
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
inured to the special gain or loss of-my business associate, C ..
inured to the special gain or loss of my relative,
inured to the special gain or loss of by
whom I am retained; or
inured to the special gain or loss of. which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:.
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10.000.
CE FORM 8B - EFF. 112000 PAGE 2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
r NAME —FIRST NAME —MIDOL E NAME ` OF 8 COUNCI` COMMISSION, AUTHORITY, OR COMMnTEE
% 1^�NG AD S 5 \`�
THE BoARb, V�� YMICH I SERVE IS A (UNIT OMMISSION AUTHORITY OR COMMITTEE ON
DATE ON
Im
WHO MUST FILE FORM 813
❑ COUNTY O OTHER LOCAL AGENCY
ELECTIVE ❑ APPOINTIVE
This form is for use by any person serving at the. county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointiv. e position. For
completing the reverse side and filing the f orm this reason, please pay close attention to the instructions on this form before
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, op other local public office MUST ABSTAIN from voting on a measure which
inures to. his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
-'ire which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
anent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357. F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law,
mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
kKEN:
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 sidet
CE FORM 88 - EFF. 1/2000
\� PAGE 1
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the, form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within* 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S. �INTEREST
1, D hereby disclose that on e;AX 20:
(a) A measure came or will come before my agency which (check one)
_ inured to my special private gain or loss; _
Xinured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative,
inured to the special gain or loss of
whom I am retained; or
by
inured to the special gain or loss of which
is the parent.organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
Date Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 813 - EFF. 112000 PAGE 2
WHO MUST FILE FORM 86
This form is for use by any person serving at. the county, city, or other local level of government on an appointed or elected board, council,
commission, authority', or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending.
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, op other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
arent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
.33.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law,
mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
WEN:
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 sidat
CE FORM 8B - EFF. 1/2000
' � PAGE 1
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency_
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: .
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file, it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the forth 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
hereby disclose that on 61�c L .20
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative,
inured to the special gain or loss of by
whom I am retained; or
— inured to the special gain or loss of which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
Date Filed
Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 813 - EFF. 112000 PAGE 2