10-21-08 Minutes RegOCTOBER 21, 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 21, 2008.
1. Roll call showed:
Present - Commissioner Gary P. Elibpoulos
Commissioner Fred B. Fetzer
Commissioner Woodie B. McDuffie
Commissioner Mackenson Bernard
Mayor Rita Ellis
Absent - None
Also present were - David T. Harden, City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Reverend Linda Mobley with Cason
United Methodist Church.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mayor Ellis noted the addition of Item 8.L.4., Purchase Award to
Florida Bullet to the Consent Agenda by addendum.
Also, Mayor Ellis stated there has been a request that Item 9.D.,
AppeaUSite Plan Review and Appearance Board Actions/Boston's Restaurant be
postponed to November 3, 2008.
The City Attorney requested that Item 10.A., Development
Agreement/Vista Del Mar, L.L.C. (First Public Hearing) be postponed to a date
certain of November 3, 2008 at 7:00 p.m.
Mr. Eliopoulos requested that Item 8.K.F., Delray Marriott Hotel
(Review of Appealable Land Development Board Actions) of the Consent Agenda be
moved to the Regular Agenda as Item 9.A.A. and Item 8.K (last item under HPB) for
Marine Way be moved to the Regular Agenda as Item 9.A.A.A.
10/21 /08
Mr. Bernard requested that Item 8.H., Final Subdivision Plat
ApprovaWillage at Delray of the Consent Agenda be moved to the Regular Agenda as
Item 9.A.A.A.A.
Mr. Fetzer moved to approve the Agenda as amended, seconded by Mr.
McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr.
McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said
motion passed with a 5 to 0 vote.
5. APPROVAL OF MINUTES:
Mr. Eliopoulos moved to approve the Minutes of the Regular Meeting of
October 7, 2008, seconded by Mr. Bernard. Upon roll call the Commission voted as
follows: Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -
Yes; Mr. Fetzer -Yes. Said motion passed with.a 5 to 0 vote.
Mr. McDuffie moved to approve the Minutes of the Special/Workshop
Meeting of October 14, 2008, seconded by Mr. Bernard. Upon roll call the Commission
voted as follows: Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr.
Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
6.A. National Arts and Humanities Month -October 2008
Mayor Ellis noted that this proclamation will be mailed.
6.B. Families Reading Together Month -November 2008
Mayor Ellis read and presented a proclamation proclaiming November
2008 as Delray Beach Families Reading Together Month. Janet Meeks, Education
Coordinator, came forward to accept the proclamation and gave a few brief comments.
7. PRESENTATIONS:
7.A. S.P.I.R.I.T. (Service, Performance, Integrity, Responsibility,
Innovation, Teamwork) Committee Quarterly Awards Presentation
Alberta Gaum-Rickard, Project Coordinator/Parks & ~ Recreation,
presented the July-September 2008 quarterly S.P.I.R.I.T. award to Betsy Ring, Staff
Assistant IUParks & Recreation and Yvonne Walker, ~FinanciaUCompliance
Officer/Finance Department presented the July-September 2008 quarterly S.P.I.R.I.T.
award to Venice Cobb, Executive Assistant/Board Liaison/City Clerk's office.
8. CONSENT AGENDA: City Manager Recommends Approval.
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8.A. ACCEPTANCE OF WATER AND SEWER EASEMENT
DEEDS/SOUTH COUNTY MENTAL HEALTH CENTER: Approve and accept a
12-foot water easement deed and a 12-foot sewer easement deed for South County
Mental Health Center, located at 16158 South Military Trail.
8.B.
C.O. NO. 1/FINAL)/ALL-RITE PAV:
ORS. IN
Approve a Contract Closeout (Change Order No. 1 /Final) in the amount of a $13,104.45
decrease and final payment in the amount of $10,523.30 to All-Rite Paving Contractors,
Inc. for completion of the S.W. 8`h Avenue Roadway and Drainage Improvements.
Funding is available from 334-3162-541-65.34 (General Construction Fund/Capital
Outlay/S.W. 8`h Avenue-S.W. 11`h Street-S.W. 10`h Street) and 448-5461-538-65.34
(Storm Water Utility Fund/Other Improvements/S.W. 8`h Avenue-S.W. 11`h Street -S.W.
10`h Street.).
8.C. AGREEMENT/GOVDEALS/DISPOSAL OF SURPLUS CITY
ASSETS: Approve an agreement with GovDeals for the sale of surplus City assets on the
GovDeals.com Internet site.
8.D. RESOLUTION NO. 53-08 (SETTING PUBLIC HEARING DATE
FOR OSCEOLA PARK SPECIAL ASSESSMENT DISTRICT): Approve a
resolution setting the public hearing date as December 9, 2008 for the establishment of
the Osceola Park Special Assessment District, and providing for the mailing and
publication of required notices.
The caption of Resolution No. 53-08 is as follows:
office.)
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, SETTING A
PUBLIC HEARING DATE FOR THE PUBLIC
HEARING REGARDING THE CONSIDERATION OF
THE OSCEOLA PARK SPECIAL ASSESSMENT
DISTRICT; PROVIDING FOR THE MAILING AND
PUBLICATION OF NOTICE REGARDING THE
PUBLIC HEARING; PROVIDING AN EFFECTIVE
DATE.
(The official copy of Resolution No. 53-08 is on file in the City Clerk's
8.E. RATIFICATION OF APPOINTMENTS TO THE PARKING
MANAGEMENT ADVISORY BOARD: Approve and ratify the reappointment of Mr.
Peter Perri as a regular member, and the appointment of Mr. Jimmy Weatherspoon as an
alternate member to represent the West Atlantic Redevelopment Coalition, to the Parking
Management Advisory Board for a two (2) year term ending July 31, 2010.
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8.F. ~ RESOLUTION NO. 56-08/FLORIDA LEAGUE OF CITIES:
Approve and adopt Resolution No. 56-08 recognizing the "Building Citizenship in the
Community: Back to Basics", initiative of the Florida League of Cities, Inc., and pledging
support for this statewide effort.
The caption of Resolution No. 56-08 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING
THE "BUILDING CITIZENSHIP IN THE COMMUNITY:
BACK TO BASICS" INITIATIVE OF THE FLORIDA
LEAGUE OF CITIES, INC., AND PLEDGING SUPPORT
FOR THIS STATEWIDE EFFORT.
(The official copy of Resolution No. 56-08 is on file in the City Clerk's
office.)
8.G. ANNUAL PROJECT HOLIDAY/YOU ARE NOT ALONE
ORGANIZATION: Approve a request to endorse the 3r Annual Project Holiday
sponsored by the You Are Not Alone Organization and authorize City and staff support
to assist with mailing packages to armed services personnel.
B.H. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.A.A.
8.I. AMENDMENT TO AGREEMENT/ACHIEVEMENT CENTERS
FOR CHILDREN AND FAMILIES: Approve an Amendment to the agreement
between the City and the Achievement Centers for Children and Families (ACCF), to
include funding in the amount of $37,255.00 providing for a total grant amount of
$622,516.00 for fiscal year 07/08. '
8_J. SPECIAL EVENT REQUEST/DELRAY AFFAIR: Consider approval
of a special event request from the Chamber of Commerce to endorse the 47th Delray
Affair to be held on April 17-19, 2009, contingent upon the staff recommended
conditions, receipt of a certificate of general liability insurance, liquor liability insurance,
and a hold harmless agreement.
8.K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period October 6, 2008 through October 17, 2008.
8.L. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Chaz Equipment, Inc. in the amount of
$50,000.00 for Sanitary Sewer Manhole Rehabilitation under the ;
terms and conditions of the current annual contract. Funding is
available from 442-51.78-536-63.82 (Water/Sewer Renewal &
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Replacement Fund/Sanitary Sewer Manhole Rehabilitation).
2. Purchase award to Line-Tec, Inc. in the amount of $25,000.00 via
the City of Boynton Beach, Bid #027-2821-07/JA for the Water
Service Relocation Program. Funding is available from 442-5178-
536-49.33 (Water and Sewer Renewal & Replacement Fund/Other
Current Charges/OB Water Service Relocation).
3. Purchase award to Poolsure of South Florida in the amount of
$60,870.00 for the purchase and delivery of Sodium Hypochlorite
for an estimate quantity of 40,580 gallons at $1.50 per gallon.
Funding is available from 441-5123-536-52.21 (Water/Sewer
Fund/Chemicals).
Mr. Fetzer moved to approve the Consent Agenda as amended, seconded
by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes;
Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes.
Said motion passed with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period October 6, 2008 through October 17, 2008.
Commissioner Eliopoulos declared a conflict of interest and stepped down
from the dais.
Mr. Bernard moved to approve and file "F", seconded by Mr. McDuffie.
Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes;
Mr. Bernard -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0.
9.A.A.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period October 6, 2008 through October 17, 2008.
Commissioner Eliopoulos declared a conflict of interest and stepped down
from the dais.
Mr. Fetzer moved to receive and file the last item regarding Marine Way,
seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer
- Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes. Said motion passed
with a 4 to 0 vote.
9.A.A.A.A. FINAL SUBDIVISION PLAT APPROVAL/VILLAGE AT
DELRAY: Approve a final subdivision plat for Village at Delray, a 31.18 acre
residential development containing 264 apartment units, located on the east side of
Auburn Avenue south of S.W. 4th Street.
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Commissioner Bernard declared a conflict of interest and stepped down
from the dais.
Mr. Eliopoulos moved to approve Item 8.H (now Item 9.A.A.A.A.),
seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr.
McDuffie -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 remainder of Item 8.K., seconded by
Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Bernard -Yes;
Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said
motion passed with a 4 to 0 vote.
At this point, Commissioner Bernard returned to the dais.
9.A. CONDITIONAL USE EXTENSION REQUEST/ THE YACHT
CLUB AT DELRAY BEACH: Consider a request to extend the conditional use to
construct a new yacht club with facilities pursuant to Land Development Regulations
(LDR) Section 2.4.4(F)(1) and (3), "Extensions", to be known as The Yacht Club at
Delray Beach located on the west side of MacFarlane Drive south of Miramar Drive at
110 MacFarlane Drive. (Quasi-Judicial blearing)
Mayor Ellis read the City of Delray Beach procedures for aQuasi-Judicial
Hearing into the record for this item and all subsequent Quasi-Judicial items.
Chevelle D. Nubin, City Clerk, swore in those individuals who gave
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 #2006-062 into the record.
Mr. Dorling stated. this is a conditional use extension request for a plan
which showed the construction of a new yacht club with facilities. On March 6, 2006,
the City Commission approved the original conditional use and the Site Plan Review and
Appearance Board approved the associated site plan on April 26, 2006.. The Site Plan
included a 3,600 square foot clubhouse and 44 boat slips. The Yacht Club included a
dock master office, social hall, exercise room, men's and women's locker
rooms/restrooms, sundeck & pool and will be part of a larger redevelopment which also
included 20 condominium units. The site is located off MacFarlane Drive.
At its meeting of March 4, 2008, the City Commission approved an
additional conditional use extension request and at its meeting of March 12, 2008, the
Site Plan Review and Appearance Board (SPRAB) approved the Class V site plan
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extension request for the entire project (yacht club and residential units). The applicant
requested a 24 month extension for both the conditional use and the site plan, and thus,
the extension requests are valid through March 6, 2010 for the conditional use, and
through April 26, 2010 for the Class V site plan. The applicant is now seeking
refinancing for the project and the lenders are seeking assurance that all current
entitlements (approvals) are in place when the market rebounds. To this end the
applicant is seeking a longer approval window and has requested an additional two years
extending the approval to April 26, 2012. Mr. Dorling stated the required findings in the
LDR talk about assessing the project if it is not being constructed as it relates to the
current LDRs and there are no LDR changes which would negatively impact the existing
development. Therefore, the original findings of concurrency and compliance with the
Comprehensive Plan can be made at this time. Mr. Dorling stated this is not the only
development that the Commission will see come in for this sort of thing if it involves a
refinancing issue because banks are not comfortable lending money and are looking for.
additional security. Mr. Dorling displayed the landscape plan and the elevations. Staff
recommends approval of the conditional use extension request.
Mr. Eliopoulos asked if this project was on the Planning and Zoning
Agenda. Mr. Dorling stated this is an extension of the approved plan that was going to
change and replace the existing Yacht Club. He stated the Yacht Club request before the
Planning and Zoning Board which was postponed (going to Planning and Zoning in
November and then coming to the Commission) is actually a request to reopen the facility
that existed on site in the interim while they are waiting to market this facility. Mr.
Dorling stated this is the same property but a different item.
Mr. Fetzer asked if Mr. Dorling would anticipate more conditional use
extension requests based on the current market conditions. In response, Mr. Dorling
stated if a project is nearing its approval date or approval expiration a bank may not be
comfortable if they have to refinance. He stated they are guaranteed an entitlement for a
new development for six months, eight months or a year, and may be asking that in
anticipation that there is not going to be much changed with the market in a year; maybe
we want to make sure that the Commission has approval for a little bit longer. Mr.
Dorling stated staff has a letter from the bank indicating that this is something that they
are going to require if they are going to refinance this project. Mr. Fetzer stated he is
very sympathetic to the fact that we are in some very difficult economic times and feels
we have a responsibility to do what we can to help with these issues. However, Mr.
Fetzer expressed concern over this possibly setting a precedent. The City Attorney stated
the City has to treat people that are similarly situated the same so if the same factual
scenario comes up you need to treat them the same.
Mr. Eliopoulos stated he is fine with granting extensions; however,
expressed concern when it is one extension request after another especially one that is so
far off in the distance. He stated he would support them reopening the Yacht Club
restaurant should they go that route. Mr. Eliopoulos stated vacant property or unused
property is one of the worse things that Delray can have.
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Jason Mankoff, Attorney with Weiner, Aronson &Mankoff, P.A., 10
S.E. 1St Avenue, Delray Beach, stated the Commission will be seeing more requests like
this one and noted that in other jurisdictions the same issue is going on. Mr. Mankoff
stated those extensions are going forward where they are a year or two out still for their
expiration and in today's market with the financial crisis these lenders want as much
security and confidence that they can have. He stated this is why the Planning and r
Zoning Department is supporting this but at the same time they have the same concern as
Commissioner Eliopoulos that the City does not want to leave these vacant lots just left
sitting. Mr. Mankoff stated the extensions going forward in the future now for open
vacant lots are with conditions of approval (i.e. that the property be seeded, fenced, or
landscaped). He stated they were supposed to go to the Planning and Zoning Board
yesterday and noted that they are trying to make use of the property. Mr. Mankoff stated
that unfortunately there was a notice issue and they had to delay the matter 30 days to the
next Planning and Zoning Board hearing. He stated they are looking to re-establish that
type of use at the current site and noted that these are high market units. Mr. Mankoff
stated the bank is not comfortable without having this outside date of 2010.
Mayor Ellis stated if anyone from the public would like to address the
Commission regarding the conditional use extension request, to please come forward at
this time. There being no one from the public who wished to address the Commission
regarding the conditional use extension request, the public hearing was closed.
There was no cross examination or rebuttal.
Mr. Bernard asked if the property is being refinanced.
Josh McAlees stated the property is not being refinanced and noted that
they are staying with the current lender which is extending the loan date. Mr. McAlees
stated the loan is coming up for renewal November 30, 2008 so they are just extending it.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Fetzer moved to adopt the Board Order as presented, seconded by Mr.
McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr.
Eliopoulos - No; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard - No. Said motion
passed with a 3 to 2 vote, Commissioner Eliopoulos and Commissioner Bernard
dissenting.
9.B. APPOINTMENT TO THE DELRAY BEACH HOUSING
AUTHORITY: Appoint one (1) regular member to the Delray Beach Housing Authority
to serve an unexpired term ending July 14, 2012. Based upon the rotation system, the
appointment recommendation will be made by Commissioner McDuffie (Seat #3).
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Mr. McDuffie moved to appoint Joseph Hepp as a regular member to the
Delray Beach Housing Authority to serve an unexpired term ending July 14, 2012,
seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr.
Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor
Ellis -Yes. Said motion passed with a 5 to 0 vote.
9.C. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY
COUNCIL: Appoint two (2) regular members (one member each for Zone 1 and Zone
2) to serve three (3) year terms ending July 31, 2011. Based upon the rotation system, the
appointments will be made by Commissioner McDuffie (Seat #3) and Commissioner
Bernard (Seat #4).
Mr. McDuffie moved to reappoint Ria Santos as a regular member (Zone
1) to the Neighborhood Advisory Council (NAC) to serve 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. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr.
Eliopoulos -Yes. Said motion passed with a 5 to 0 vote.
Mr. Bernard moved to appoint Mary-Elizabeth Cohn as a regular member
(Zone 2) to the Neighborhood Advisory Council (NAC) to serve a three (3) year term
ending July 31, 2011, seconded by Mr. McDuffie. Upon roll call the Commission voted
as follows: Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos
-Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote.
9.D. 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).
Commissioner Eliopoulos declared a conflict of interest and stepped down
from the dais.
Mr. McDuffie moved to postpone Item 9.D. to a date certain of November
3, 2008, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr.
Bernard -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion
passed with a 4 to 0 vote.
At this point, Commissioner Eliopoulos returned to the dais.
At this point, the time being 6:40 p.m. the Commission moved to Item 11,
City Manager's response to prior public comments and inquiries.
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11.A. City Manager's response to prior public comments and inquiries. ~ .
The City Manager stated at the last meeting, Mr. Weiner made some
inquiries about the beach cabana bid and noted that the City Attorney will respond to this.
The City Attorney read a letter into the record responding to Michael Weiner's statement
regarding bids for rental of beach equipment.
11.B. From the Public.
11.B.1. Michael Weiner, 10 S.E. 1St Street, Delray Beach, Attorney with
Weiner, Aronson & Mankoff (speaking on behalf of Westway Heavy Transportation
Towing, Inc.), stated this has to do with the storage and towing bid and they received a
memorandum from Brian Shutt speaking to the 14 errors and inaccuracies that are in that
particular bid. Mr. Weiner stated the memorandum admits to typographical errors and it
states that all errors could have been explained at a pre-bid meeting. He stated they
attempted to describe these exact same matters to the Commission regarding the cabana
bid and the Commission reached the opposite conclusion and that is that typographical
errors could not be reconciled and that the pre-bid conferences should answer all
questions. Mr. Weiner stated they are now on the third addendum for the towing and
storage bid and this was issued in response to other bidders who did not attend apre-bid
conference. Mr. Weiner urged the City Commission to re-bid the towing and storage bid
and to treat people fairly and equally that are similarly situated.
11.B.2. Kevin Piller, Vrchota Towing Corporation, 2141 N.W. 1St Place, Boca
Raton, stated he too would like the opportunity to bid on the RFP 2009-02. He stated he
was made aware recently that there is only one company bidding for the franchise and
feels it would be more advantageous for the City to take multiple bidders.
11.B.3. Stephanie Stante, Boynton Beach, representing Beck's Towing, stated
they currently have the towing contract with the City of Delray Beach with no problems.
She stated there was a mandatory meeting on October 1, 2008 at 10:00 a.m. that
everybody knew about. Ms. Stante stated the pre-bid meeting was advertised in the
newspaper and the pre-bid meeting stated that it had to be mandatory so that you could
get all the paperwork and ask questions. She stated she put the contract together in one
week and for any questions she had she called and asked the Purchasing Department and
never had a problem. She stated everyone who is now fighting and wants this to be rebid
was not at the pre-bid meeting. Ms. Stante stated her bid is set to be opened tomorrow
morning at 11:00 a.m. and if the City decides to rebid it then she does not want her bid
read.
At this point, the time being 6:47 p.m. the Commission moved to the First
Readings portion of the Agenda..
12. FIRST READINGS:
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12.A. ORDINANCE NO. 48-08: An ordinance amending Chapter 96, "Fire
Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation
Fees", of the Code of Ordinances to adjust the fee schedule for emergency medical
transportation in accordance with the National American Fee Schedule. If passed, a
public hearing will be held on November 3, 2008.
office.)
The caption of Ordinance No. 48-08 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 96, "FIRE SAFETY AND
EMERGENCY SERVICES", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
BY AMENDING SECTION 96.66. "EMERGENCY
MEDICAL TRANSPORTATION FEES", SUBSECTION
96.66(A), TO ADJUST THE FEE SCHEDULE FOR
EMERGENCY MEDICAL TRANSPORTATION IN
ACCORDANCE WITH ~ THE NATIONAL
AMBULANCE FEE SCHEDULE; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 48-08 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
The City Manager stated this is our annual adjustment and fees and it is in
accordance with the national schedule. He stated the City has also compared it with our
neighboring jurisdictions.
Mr. Eliopoulos moved 'to approve Ordinance No. 48-08 on FIIZST
Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows:
Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr.
Bernard -Yes. Said motion passed with a 5 to 0 vote.
12.B. ORDINANCE NO. 49-08: An ordinance amending Chapter 71, "Parking
Regulations", of the Code of Ordinances by amending Section 71.060, "Parking Meter
Permits", to provide for a change in fees charged for parking permits. If passed, a public
hearing will beheld on November 3, 2008.
The caption of Ordinance No. 49-08 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 71, "PARKING
REGULATIONS" OF THE CODE OF ORDINANCES
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BY AMENDING SECTION 71.060, "PARKING
METER PERMITS", TO PROVIDE FOR A CHANGE
IN FEES CHARGED FOR PARKING PERMITS;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTNE DATE.
(The official copy of Ordinance No. 49-08 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Mr. McDuffie moved to approve Ordinance No. 49-OS on FIRST
Reading, seconded by Mr. Bernard. Upon roll call the Commission voted as follows:
Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor
Ellis -Yes. Said motion passed with a 5 to 0 vote.
12.C. RESOLUTION NO. 50-08: Approve Resolution No. 50-08 authorizing
the indebtedness by the Delray Beach Community Redevelopment Agency (CRA) in an
aggregate principal amount not to exceed $500,000.00 to pay the cost of Brownfields
cleanup activities and costs of issuance, and approve an Interlocal agreement with the
South Florida Regional Planning Council. If passed, a second public hearing will be held
on November 3, 2008.
The caption of Resolution No. 50-08 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, APPROVING
AND AUTHORIZING THE INDEBTEDNESS BY THE
DELRAY BEACH COMMUNITY REDEVELOPMENT
AGENCY IN AN AGGREGATE PRINCIl'AL AMOUNT
OF NOT TO EXCEED $500,000 TO PAY THE COST OF
BROWNFIELDS CLEANUP ACTNITIES AND PAY
COSTS OF ISSUANCE; AND PROVIDING AN
EFFECTNE DATE.
(The official copy of Resolution No. 50-08 is on file in the City Clerk's
office.)
The City Attorney read the caption of the resolution and on November 3,
2008, there will be a second reading and public hearing on the resolution. The City
Attorney stated this resolution concerns a loan that the Community Redevelopment
Agency (CRA) seeks through the Regional Planning Council and the Strand decision
prohibited the three year payback terms previously but the City has had a good Supreme
Court rehearing decision that would allow it. The City Attorney explained that staff has a
provision that if the Supreme Court rules otherwise that the maturity terms would be
amended.
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Mr. Bernard moved to approve Resolution No. 50-08 on FIRST Reading,
seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer
- Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -
Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 6:52 p.m. 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
The City Manager stated on Friday, October 17, 2008, he attended the
Florida League of Cities Legislative Committee Meeting and noted that he still serves on
the Urban Administration Committee. He stated a couple of years ago the Legislature
passed a law which limits liability for street lights being out and there are certain
conditions that have to be met before either the utility or if it is a municipal owned
system, the City is liable. The City Manager stated now someone is proposing that we do
the same thing for sidewalks. He stated the City of Tampa has paid out quite a bit for
sidewalk claims and they are asking the Legislature to define what would constitute
conditions that would cause the City to be liable. The City Manager stated the way the
court decisions have gone when somebody slips and falls on your sidewalk there is a
presumption that you did something wrong..He stated this looks like one of the things
that the Urban Administration Committee will suggest as a priority and if it goes through
it may save the City some money. The City Manager stated they are proposing some
drastic standards and they were saying that there would have to be a two inch deflection
before the City would be liable. He stated this could be helpful to the City of Delray
Beach as well as other cities.
13.B. City Attorney
The City Attorney stated they had a meeting this week regarding the Old
School Square retail space and noted that the Chamber of Commerce would like to be
relocated on the northwest corner. She stated the square footage may be revised if this
can be worked out between the City, the Community Redevelopment Agency (CRA) and
the people who are developing the old Library site because the City has a tri-party
agreement.
13.C. City Commission
13.C.1. Mr. Fetzer
Mr. Fetzer expressed concern that a couple of the City's bid processes
have caused some controversy. He stated he would like to make sure that we have
extremely clear procedures for the bid process and that everyone has an understanding.
Mr. Fetzer stated the City Attorney's response tonight was very good but he is not sure if
this will solve all the problems as the Commission tackles this in the future. Mr. Fetzer
-13-
10/21 /08
stated he feels the City has the responsibility to make the bid process very clear and
precise. He asked for a reply from the City Attorney and the City Manager as to what we
can do both as a City staff and a Commission to make sure that we do not run into these
kinds of controversies again with future bids.
13.C.2. Mr. Eliopoulos
Mr. Eliopoulos stated he believes we need to be consistent regarding the
bids. He stated he felt with the cabana bids that it was more of a legal thing where the
Commission actually had a problem with the way it was written. He concurred with
comments expressed previously by Ms. Stante that if the City does do something else
with the towing she feels that her bid should not be out in the open because it is not fair to
the process. Mr. Eliopoulos stated the City needs clear direction when going out for bid
as to what they really want. Mr. Eliopoulos stated he has been contacted about why are
we doing a contract like this and why is the City not doing a rotation system and why are
we taking a fee that is going back to the citizens who have accidents and they are paying
the brunt of the fee that the City is taking. Mr. Eliopoulos stated it was brought to his
attention that Boynton Beach and other cities do not take a fee and they just have a
rotation where there is more flexibility. He stated if this one group the City hires happens
to be having contracts all over the community and we are expecting 24-hour service and
they are the only person, now you are waiting for someone to show up with a truck. He
stated it appears that this is a bid document that the City has had for several years and
some of the language in it is quite dated. Mr. Eliopoulos expressed concern over the bid
process and in his opinion, feels when you submit the bid you submit it and whoever
wins the bid, if the City wants to offer them something, then you go to that person
because they won the bid.
Secondly, he asked if the City can contact Waste Management because
they have a recycling bin in front of his office and for three weeks now the regular trash
and the recycling gets picked up by the same truck. Mr. Eliopoulos stated he would like
to make sure that recycling is being done and urged staff to look into this matter. He
stated in the bids the City talks about auditing and inquired as to whether the City
actually audits the contracts to see if things are being done per the contract(s) and would
like to make sure that this is looked into as well.
13.C.3. Mr. McDuffie
Mr. McDuffie echoed comments expressed by Commissioner Eliopoulos
regarding the bid process and stated we are entering a period where things are going to be
much more competitive. Mr. McDuffie stated in many cases this is to the City's benefit
because as the City's revenues decline with the housing market and financial market we
are finding that we can actually get more with less. He stated the Miller Park bid was
way over budget and we now have multiple bidders under budget. Mr. McDuffie stated
by opening it up to many more people the City wound up with a far better price than they
had as they bid it to begin with. He stated the City needs to take a look at all of their
contracts to make sure that they are up-to-date and commented that he was shown an
-14-
10/21/08
ordinance in the City's bid that was 17 years old and it had been replaced by another. He
stated we need to find those things and make sure that we do not have documents like
that that are out of date and suggested that we take a look at the overall purchasing
process and make sure that it is more open and more transparent than it has ever been.
Mr. McDuffie stated the economy calls for it and political conditions in this county and
across the United States call for transparency in everything that we do. He stated the City
needs to make certain that the residents. are trusting of everything that we do and that the
bidders are treated equally. He stated it is better for the bidders and much better for the
City if we open the competition up so that we get better products for a cheaper price.
Secondly, Mr. McDuffie stated he and Commissioner Bernard had the
opportunity to spend some time at the Hamlet Country Club Grand Opening and noted
that the new facility is gorgeous. Mr. McDuffie stated he spoke to the Hamlet and
thanked them for their endowments to the City such as their financial gifts as well as the
number of their residents who sit on the City's Advisory Boards.
13.C.4. Mr. Bernard
Mr. Bernard stated with regard to the bid process the City has to make
sure the bid process is fair and inquired if the City Attorney's office reviews these bids
before they are sent out. In response, the City Attorney stated that their office does not
typically review these before they are sent out although in the past the towing bid has
been reviewed by the City Attorney's office. The City Attorney stated the pre-bid
conference is mandatory for a reason and it is to answer questions and clarify things and
it states in the bid documents that it is "mandatory" and that your bid will not be
considered unless you attend. The City Attorney stated Mr. Weiner presents the facts a
little different and this is not the same as the cabana bid because Mr. Weiner is
representing someone who did not come to the pre-bid conference. The City Attorney
stated the bidding process can always be looked at and improved. Mr. Bernard stated if
there is any outdated material with regard to the terms of the bids he hopes that we can
take a look at the bidding process and make this as fair as possible so that we do not have
these problems in the future.
13.C.5. Manor Ellis
Mayor Ellis stated we are in an era where the Commission is going to be
seeing a lot of things that they have never seen before. She concurred with comments
expressed by Mr. McDuffie and feels the more we can do the transparency issue the
better off the City will be.
At this point, the time being 7:07 p.m. the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
-15-
10/21 /08
10. PUBLIC HEARINGS:
10.A. DEVELOPMENT AGREEMENT/VISTA DEL MAR, L.L.C. (FIRST
PUBLIC HEARING): 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.
Commissioner Eliopoulos declared a conflict of interest and stepped down
from the dais.
Mr. McDuffie moved to postpone Item 10.A. to a date certain of
November 3, 2008 at 7:00 p.m., seconded by Mr. Bernard. Upon roll call the
Commission voted as follows: Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -
Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote.
At this point, Commissioner Eliopoulos returned to the dais.
10.B. ORDINANCE NO. 41-08 (SECOND READING/SECOND 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";
Amending Section 4.6.8, "Lighting", to revise and clarify requirements for on-site
lighting.
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.
- 16-
10/21/08
Paul Dorling, Director of Planning and Zoning, stated this amendment
provides clarification for on-site lighting standards in the City and it brings our lighting
more consistent with those countywide.
At its meeting of August 6, 2008, the Pineapple Grove Main Street
(PGMS) recommended approval of the proposed text amendment; at its meeting of
August 11, 2008, the Downtown Development Authority (DDA) recommended approval
of the proposed text amendment; at its meeting of August 13, 2008, the West Atlantic
Redevelopment Coalition (WARC) recommended approval of the proposed text
amendment; at its meeting of August 14, 2008, the Community Redevelopment Agency
(CRA) recommended approval of the proposed text amendment; at its meeting of August
18, 2008, the Planning and Zoning Board made several suggestions that have been
incorporated into the proposed ordinance and the Board voted 4 to 0 to recommend
approval. The Planning and Zoning Board had a couple of recommendations and the
CRA had some concerns with respect to increasing lighting and energy in times of energy
conservation. Mr. Dorling stated the ordinance does not state that one cannot be more
efficient in the lighting from an energy point of view. Therefore, he stated staff
recommends approval.
Mayor`Ellis declared the public hearing open. There being no one from
the public who wished to address the Commission regarding Ordinance No. 41-08, the
public hearing was closed.
Mr. Eliopoulos stated under parking garages and structures there is the
entrance area with regard to the foot candle requirements and stated during the day the
minimum should be 50 foot candles and at night should be a maximum of five. Mr.
Eliopoulos suggested putting in the City Code "within the entrances to these that is the
requirement for the first 66 feet of it."
Mr. McDuffie moved to continue Ordinance No. 41-08 (Public Hearing)
to a date certain of November 3, 2008 at 7:00 p.m., seconded by Mr. Bernard. Upon roll
call the Commission voted as follows: Mr. Bernard -Yes; Mayor Ellis -Yes; Mr.
Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to
vote.
10.C. 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) fora 3.64 acre parcel located on the south side of S.W. 6"' Street, west of
Auburn Avenue and east of Catherine Strong Park. (Quasi-Judicial)
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
ZONED RM (MEDIUM DENSITY RESIDENTIAL)
-17-
10/21/08
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
office.)
The City Attorney read the caption of the ordinance and stated this is a
quasi judicial hearing. 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.
Commissioner Bernard declared a conflict of interest and stepped down
from the dais.
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, stated this is a rezoning
from RM (Residential Medium Density) in part .and OSR (Open Space Recreation) in
part to CF (Community Facilities) fora 3.64 acre parcel located on the south side of S.W.
6`h Street, west of Auburn Avenue and east of Catherine Strong Park. The portion that is
being rezoned on the east side used to be part of a retention area for Auburn Trace
Development. across the street. Mr. Dorling stated the future development proposal is to
construct a 19,000 square foot Head Start building to be constructed by Palm Beach
County and the rezoning of that property would accommodate the facility as part of an
agreement that the City Commission has with the County.
At its meeting of September 15, 2008, the City Commission recommended
approval with a 5 to 0 vote. Mr. Dorling stated positive findings are made in the staff
report to Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations.
Staff recommends approval at this time.
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.
-18-
10/21/08
There was no rebuttal or cross-examination.
Mr. Eliopoulos moved to adopt Ordinance No. 46-08 on Second and
FINAL Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as
follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -
Yes. Said motion passed with a 4 to 0 vote.
10.D. 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 maybe imposed.
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
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Ellis declared the public hearing open. There being no one from
the public who wished to address the Commission regarding Ordinance No. 47-08, the
public hearing was closed.
Mr. McDuffie stated he wanted to make sure that this is spelled out as to
what the City considers Prima Facie Evidence just so something such as vandalism would
not be considered tampering. with a meter. The City Attorney explained that all the new
language in the ordinance is in Section 52.06 -Prima Facie Evidence of Violation of
Section 52.05.
- 19-
10/21/08
Mr. McDuffie moved to adopt Ordinance No. 47-08 on Second and ~-
FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as
follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard - ,, ,~
Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote.
There being no further business, Mayor Ellis. declared the meeting
adjourned at 7:20 p.m.
City Clerk
ATTEST:
MA OR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on October 21, 2008, which Minutes were formally approved and adopted by the City
Commission on November 3, 2008.
~~ • ~~.,,
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
-20-
10/21/08
FORM 8~ MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME--FIRSTNAME-MIODLE NAME NAME OF BOARO, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
" ou os Ga Delray Beach City Co®ission
•lAILING AOORESS THE BOARO, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
' oulevard WHICH I SERVE IS A UNIT OF:
ITY COUNTY CITY ^ COUNTY ^ OTHER LOCAL AGENCY
)elra Beach Florida 3.4445 Palm Beach NAME OF POLITICAL SU80MSION:
DATE ON WHICH VOTE OCCURRED Clt of Delra Beach
\~ 2, ^7 /1r~~J MY POSITION IS:
LJ-.~J'd ~ ELECTIVE ^ APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the, county, city, or other local level of government 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 Gose 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 pdncipal (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
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 publiGy 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 disGose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU 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 sides
CE FORM 8(3 - 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 partiapating.
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 ,,~~
I, Cary E ioQoulos ,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;
)~- inured to,the special gain. or loss of my business associate, Eliopoulos Architecture, Inc.
_; 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:
~~ a~ ~~
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 88 - EFF. 1/2000 PAGE 2
~ v~~~~~ vv ~~~L.~~~v1\/`11VVVIt11 VI- V V 1 IIVV VV1~11-LlV 1 C~VK
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME--FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
oulos Ga Delray Beach City Co»ffiission
MAILING ADDRESS THE BOARD, COUNCIL COMMISSION, AUTHORITY OR COMMITTEE ON
~ $OUlevard WHICH 1 SERVE IS A UNfr OF:
ITY COUNTY CITY O COUNTY O OTHER LOCAL AGENCY
uelra Beach Florida 3.4445 Palm Beach NAME OF POLITICAL SUBDIVISION:
GATE ON wHICH'VOTE OCCURRED Clt of Delra Beach
\ O\ Z`\ 7 ~ ~ MY POSIT{ON IS:
L_-SJ~J }jQ ELECTIVE O APPOINTIVE
WHO MUST FILE FORM 8B
This fornl is for use by any person serving at the county, city, or other focal 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
conflid 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, 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 (otherthan a government agency) by whom he or she is retained (including the
rent 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
3.357, 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 taw, a "relative" includes only the officers father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business assocate° means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
. . . . . . . . . . . . . . . .
ELECTED OFFICERS:
In addition to abstaining from voting in the situations 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:
,Ithough you must abstain from voting in the situations described above, you otherwise may participate in these matters_ However, you
lust disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
y 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
EN:
ou must complete and file this form (before making any attempt to irifluence 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)
FORM 8B - EFF. 1/2000 ~ ~ ~ Ot ' ~ "~ ~ 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 7HE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disdose 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
I, . C=arv EiiQpoulos ,hereby disclose that on ~C:..Y~-tiLLZ ~U' , 20 ~ :
(a) A measure came or wiU 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, Eliopoulos Architecture, Inc..
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:
\~ aOo~
Date Filed ignature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REOUIREO 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
LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARp, COUNCIL, COMMISSION, AUTHORIfY, OR COMMITTEE
Beinard Mackenson Delray Beach City Commission
MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
1534 Fenton Drivew wHICH I SERVE Is A uNrr oF:
CITY COUNTY CITY O COUNTY O OTHER LOCAL AGENCY
Delra. Beach, ,Florida .33445 Palm Beach NAME oP POLITICAL sueavlstoN:
GATE ON WHICH VOTE OCCURRED Clt Of Delra Beach
MY POSITION IS
~I ELECTIVE O APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government 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 taw 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-
~ure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (inGuding the
parent 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
a 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 of your direction.
YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
1KEN:
• 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 86 - EFF. 1/2000 ~- Q ~ _ (~ ~~^ ,~ 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 publiGy 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
I Mackenson Bernard , hereby disGose that on~q~~,t 2 ~ , 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 88 - EFF. 1/2000 PAGE 2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHOftfTY. OR COMMITTEE
?liopoulos, Gary Delrav Beach City Commission
!UULING ADDRESS
:05 George Bush Boulevard
CITY COUNTY
Delray Beach, Florida 33445 Palm Beach
DATE ON WHICH VOTE OCCURRED
10/21/2008
THE BOARD, COUNCIL, COMMISSION, AUTHORfIY OR COMMITTEE ON
VN-i1CH 1 SERVE IS.A UNIT OF:
~CfTY O COUNTY O OTHER LOCAL AGENCY
NAME OF POLITICAL SUBDIVISION:
MY POSITION IS:
ELECTIVE C] APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government 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-
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
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 ariy 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
>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 meefino. who will incorporate the form in the minutes. (Continued on other side)
CE FORM 88 - EFF. 1/2000 Item 9 . D 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 publiGy at the next meeting after the forth is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must discose 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 publiGy at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
1, Gary Eliopoulos . ,hereby disclose that on October Z1 , 20 08
(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, Eliopoulos Architecture, Inc.
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 gain or loss
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:
by
which
October 21, 2008 ~
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 88 - EFF. 112000 PAGE 2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME--FIRST NAME--MIDDLE NAME NAME OF BOARD, COUNCIL. COMMISSION, AIlTHOF2ITY, OR COMMITTEE
Elio oulos Gary Delra Beach~:~:Cit COmIR1SSlOII
RAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORrrY OR COMMITTEE ON
2~5 GeOrgek Bush BOUlevard WHICH I SERVE IS A UNrr OF:
n Y O COUNTY ^ OTHER LOCAL AGENCY
COUNTY
"IN
Delray Beach, Florida 33445 Palm Beach C
NAME OF POLITICAL SU801VISION:
Cit o€ Delra Beach
DATE ON WHICH VOTE OCCURRED to / Z I< ~ ZOOH MYPOSITION IS:
$$] ELECTIVE O APPOINTIVE.
WHO MUSTFILE FORM 8B
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 conflid 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 do 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 eleded or appointed focal 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 (inGuding the
parent 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 publiGy 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 diredion.
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
mlrn,las of the meeting. who will incoroorate the form in the minutes. (Continued on other side)
PAGE 1
CE FORM 88 - EFF. 112000
Item 10.A
APPOINTED OFFICERS (continued)
• A copy of the fomt 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 partiapating.
• 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, Gary Eliopoulos. , hereby disclose that on October 21 , 2008
(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, Eliopoulos Architectures. _:Iidc...
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:
10/21/08
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY 6E 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 86 - EFF. 1/2000 PAGE 2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
~SCOUNTY MLUNICIPAL ~ AND OTHER LOCAL PUBLIC OFFICERS
NAME OF 80ARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
Beinard Mackenson Delray Beach City Commission
MAILING AOORESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMIT-TEE ON
1534 Fenton Drivew ~WHICH I SERVE IS A UNIT OF:
CITY COUNTY d.~CIIY ^ COUNTY ^ OTHER LOCAL AGENCY
Delra Beach, ,Florida ,.33445 Palm Beach NAME of PouncAL sueDlvlsloN:
DATE ON WHICH VOTE OCCURRED Cit Of Delra Beach
\O Z1 Z'o0 ~ MY POSITION IS:
$&! ELECTIVE ^ APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government 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 Gose 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
parent 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
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-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 ariy 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 t0 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
TAKEN:
• 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 wilt incorporate the form in the minutes. (Continued on other sidel
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 partidpating.
• 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 OFFIC/~ERP'.S~~,N,1T,E_R_EST
I Mackenson Bernard ,hereby disclose that on `/ WeU~iX.~ ~' . 20 (~~
(a) A asure came or will come before my agency which (check one)
inured to my spedal private gain or loss;
_ inured to the spedal gain or loss of my business assodate, ,
inured to the spedal gain or loss of my relative, ;
inured to the spedal 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:
~~ ~~ O~
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 88 - EFF. 1!2400 PAGE 2
i
~ t^
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
EXTENSION REQUEST FOR CONDITIONAL USE APPROVALS GRANTED TO THE
YACHT CLUB AT DELRAY BEACH
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 21, 2008.
2. This conditional use extension request comports with the future land use
element, is concurrent with the Comprehensive Plan and is consistent with the goals,
policies and objectives of the City's Comprehensive Plan.
3. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use extension request for
the Yacht Club at Delray Beach. All of the evidence is a part of the record in this case.
Required Endings 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 1
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;
(b) Additional submittal information including a new application and copies of previously
submittal material may be required;
~fe~ I ~
• f
(c) The granting body must make findings pursuant to 2.4.4(6);
(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 1
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 and finds that its
determinations set forth in this Order are consistent with the Comprehensive Plan.
8. The City Commission finds there is ample. and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
f
in the record including but not limited to the staff reports, testimony of experts and other I
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, subject to the original conditions of approval, to be valid until April 12, 2012.
The City Commission hereby adopts this Order this 21St day of October, 2008, by a vote
of 3 in favor and 2 opposed.
Ri a Ellis, Mayor
ATTEST:
Chevelle Nubin
City Clerk
2